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  1. #1
    Member Aetos's Avatar
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    50/50 insurance claim on accident? geico? advice?

    Well, on the 27th I got in a small accident where I had to pass a yellow light due to it changing very close to the intersection, which resulted in the side of my car getting hit by a turning car into my lane from an intersection perpendicular to mine.

    The insurance came to a decision of 50/50 fault. The adjuster called and told me that I can claim either through my own insurance($1000 deductible) or go through the others insurance. She tried explaining the difference, but I didn't quite understand it.

    My question:

    1) What is the difference in claiming through hers or mine?
    2) What is the better course to go through?
    3) I know a shop that can give me a "nice estimate", would this change anything on who I should go through?


    Now, for the pictures:






    Doesn't seem THAT bad except for the small indentation on my rear quarter panel.
    Edit: how does the damage look?
    Last edited by Aetos; 01-13-2009 at 08:17 AM.

  2. #2
    Old Enough to Know Better Crimson Sin's Avatar
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    Dunno, but I would think claiming it on "their" insurance would possibly have a lesser chance of making "your" insurance go up ?
    Never been in that position before. I would ask someone in the insurance field if you can what the benefits/detractions are. (pros/cons)
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  3. #3
    Senior Member Danger731's Avatar
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    I had State Farm do the same to me. I called my insurance agent and said WTF ! My agent had the adjuster go to 100%.

    Did you break the law ?

    Why isn't the other isurance covering it anyways. It is not your fault at all if you did not go through a red light.
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  4. #4
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    Sounds to me that you have a duty to clear an intersection. If the light was yellow as you were entering the intersection and then turned red while you where underneath then I don't see why you should be at fault for anything. The CV (claimant vehicle) should have to yeild the right of way and didn't do so. Seems to me that both Insurance Companies need to do a little more investigation. I am a Claims Adjuster in South Carolina and we have different rules than other states. But I would normally inform my Insured to file through his own company and then we would Subrogate the CC (Claimant Carrier) for 50% of the dmgs. Which mean we would get that money back. And the other would do the same with their ins company. Does that make any sense?

  5. #5
    Member Aetos's Avatar
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    Quote Originally Posted by thopsramair View Post
    Sounds to me that you have a duty to clear an intersection. If the light was yellow as you were entering the intersection and then turned red while you where underneath then I don't see why you should be at fault for anything. The CV (claimant vehicle) should have to yeild the right of way and didn't do so. Seems to me that both Insurance Companies need to do a little more investigation. I am a Claims Adjuster in South Carolina and we have different rules than other states. But I would normally inform my Insured to file through his own company and then we would Subrogate the CC (Claimant Carrier) for 50% of the dmgs. Which mean we would get that money back. And the other would do the same with their ins company. Does that make any sense?

    That makes sense, but the other driver is claiming she had a full green when she was turning meaning its my word against hers.. nothing else to go with.

  6. #6
    Junior Member superfastls1's Avatar
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    Is there a police report? What does it say?

  7. #7
    War Machine BIG GUNS's Avatar
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    Quote Originally Posted by Aetos View Post
    That makes sense, but the other driver is claiming she had a full green when she was turning meaning its my word against hers.. nothing else to go with.
    Even if she had green, she still should have used caution when entering the intersection. At least that is what I was taught in driver's ed. Was always taught to look both ways just in case someone looks like they are not going to stop.

  8. #8
    Member Aetos's Avatar
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    Quote Originally Posted by BIG GUNS View Post
    Even if she had green, she still should have used caution when entering the intersection. At least that is what I was taught in driver's ed. Was always taught to look both ways just in case someone looks like they are not going to stop.

    I agree with you, but lets say it stays 50/50 fault... whats my best course of action?

  9. #9
    War Machine BIG GUNS's Avatar
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    I have no clue. I suck at gambling.

  10. #10
    That guy thearborbarber's Avatar
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    Usually on a 50/50 agreement each company pays for their own client. You are still jammed up in that the insurance companies went this route and will show on your policy. Also remember insurance claims are a civil matter and not criminal. So you don't have to break a law to be negligent.


    There was a case out here involving a 4way intersection. North/South were regulated with a stop sign and flashing red light. The east/west had no stop sign but a flashing yellow. A gal runs the stop sign and gets t-bone. In the civil trial, the court ruled the gal running the stop sign negligent (obviously). The twist was the guy driving through the flashing yellow was also partially negligent because he didn't do anything other than drive. The court felt he should have slowed down and use more caution due to the flashing yellow light.
    Last edited by thearborbarber; 01-13-2009 at 10:03 PM.

  11. #11
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    Not sure what your course of action should be. Like I said before, each state is different with their rules. In SC, most likely each insurance company would pay for their own damages and then Subrogate the other company for 50% back. I can't imagine being much different in other states but thats what we do. Your Insurance is probably going to go up either way you choose to do it. Based on the fact that their is a claim which you are partially at fault.

  12. #12
    Senior Member Blown Interceptor's Avatar
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    Damage does not look that bad, someone mentioned a police report, is there one? Not sure it's worth it to go through insurance seeing your deductible is $1000.


    Here in CA. At fault accident = insurance goes up, non at-fault accident(with police report) = insurance does not go up.


    What's the other person doing?

  13. #13
    Member Aetos's Avatar
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    Quote Originally Posted by Blown Interceptor View Post
    Damage does not look that bad, someone mentioned a police report, is there one? Not sure it's worth it to go through insurance seeing your deductible is $1000.


    Here in CA. At fault accident = insurance goes up, non at-fault accident(with police report) = insurance does not go up.


    What's the other person doing?
    Not sure what the other persons doing, but why did the adjuster(the other persons adjuster called me) and said it may be better for me to go through their insurance because I have a higher deductible?

    Either way, I'm gonna try to call my adjuster and try to get the 50/50 relooked it. We may both say its green(well, I say yellow), but she also did make a very wide right turn(she turned into the center lane, not the rightmost lane as dictated by law) so that in itself should give her some more of a fault and the fact that she got hit on her front left bumper while I got hit on the backhalf of my car.

  14. #14
    Member Aetos's Avatar
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    Quote Originally Posted by Aetos View Post
    Not sure what the other persons doing, but why did the adjuster(the other persons adjuster called me) and said it may be better for me to go through their insurance because I have a higher deductible?

    Either way, I'm gonna try to call my adjuster and try to get the 50/50 relooked it. We may both say its green(well, I say yellow), but she also did make a very wide right turn(she turned into the center lane, not the rightmost lane as dictated by law) so that in itself should give her some more of a fault and the fact that she got hit on her front left bumper while I got hit on the backhalf of my car.

    Theres a police report, but all it says is that I say its a yellow, she says its green, and we collided.

  15. #15
    Senior Member Blown Interceptor's Avatar
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    Quote Originally Posted by Aetos View Post
    Not sure what the other persons doing, but why did the adjuster(the other persons adjuster called me) and said it may be better for me to go through their insurance because I have a higher deductible?

    Either way, I'm gonna try to call my adjuster and try to get the 50/50 relooked it. We may both say its green(well, I say yellow), but she also did make a very wide right turn(she turned into the center lane, not the rightmost lane as dictated by law) so that in itself should give her some more of a fault and the fact that she got hit on her front left bumper while I got hit on the backhalf of my car.


    Not sure why they said that, because you pay the first 1000.00. If the damage is less than a 1000 your deductible is useless...

  16. #16
    Member Aetos's Avatar
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    Quote Originally Posted by Blown Interceptor View Post
    Not sure why they said that, because you pay the first 1000.00. If the damage is less than a 1000 your deductible is useless...
    Theres must a be a reason she said that... anybody have any clue?

  17. #17
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    Wow, yall definitely need to re-look at the 50/50%. Your damage is in the rear of your car and hers is the frong left bumper. That tells me that you were almost completely through the intersection at that point. There should def be more negligence on the other person.

  18. #18
    Member gd1996's Avatar
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    If you gotta 1k anyways you might want to check with a few shops and see what they would charge... I would fix that myself, but thats the kind of work I do. Hard to believe that would cost over 1k to get fixed.

  19. #19
    Bone it like you own it FORD RECOVERY EXPERT's Avatar
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    I think what they are saying is if, you file on hers, there is no deductable for you to pay... youre damage isn't much over a 1000, so you'd be getin screwed having to pay thru your own ins.

    u file on her, they pay, then go after your ins for the rest...
    she files on you, pays no deductable either, ur ins. pays for hers, then goes after her ins for the rest.



  20. #20
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    I think that you should be able to get that fixed at a decent shop for less than $500. The pictures don't show how bad the paint is. The small dent/crease can be hammered out easily.

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