Car accident - California

[ecstudent]

Hi, I'm a bit new to auto insurance policies so I could use some advice in how to respond to my insurance co.

I was driving in a lane and had to shift (angled my car a little bit) to avoid a car that the blocked my lane. I had checked my mirrors and didnt see another car at the time. As I shifted back to my lane a car driving very fast side swiped me. The damage is pretty minor and no injuries. I feel like the driver basically plowed into my car since I was going very slow and was clearly in front of her for some time. I suspect she was speeding because she came from the intersection and wanted to make the next light.

No police report was filed. My insurance co has been harassing me for a recorded statement, which I refused. Now they are saying I'm at fault, even though I believe the other driver should be partially liable. I understand CA has comparative fault, so shouldnt there be some shared liability? What can I say to my insurance company to fight this? The damage is not severe but I dont think its fair to pay 100%.

Thanks in advance for your help.

[Betty3]

You really need to co-operate with your ins. company & answer all their
questions & truthfully.

or - talk to a traffic law attorney.

It would have been best had you gotten a police report.

[drruthless]

Your refusal to provide a statement to your insurance carrier for whatever reason, left them with little choice but to assume that you were at fault.
You did at least get the other drivers info didn’t you?
You might try calling them and say you’re ready to comply with their request,
but let me warn you, at this point this could wind up being a very costly uphill battle for you.
Good luck

.._________________
~ There are three kinds of people.
There are the ones who learn by reading.
The few who learn by observation,
and then there are those who have to pee on the electric fence
…and find out for themselves.

[Betty3]

It's normal procedure for an ins. co. to require a recorded statement.

[ecstudent]

It's normal procedure for an ins. co. to require a recorded statement.

It may be standard procedure but it's not required. I googled it, checked my contract, and checked with friends with legal training and got the impression that providing a recorded statement does more harm than good.

My question is more whether the determination of fault can be challenged. Thanks

[HRinMA]

How does it do more harm than good? You can't get much worse than ruling against you. Even if you appeal at some point you have to tell them your side.

This is your insurance company so it is in your best interests to cooperate.

[Betty3]

Agree; if you want your ins. company's best help, you need to co-operate
with them.

[Morgana]

You may not have to give a statement but if you dont, the company has already decided you are at fault. You lose your opportunity to give your side of the story AND any mitigating details.
You may also find that once your term is up, they wont renew your policy.

[Betty3]

You never HAVE to give a recorded statement but with most companies it
is normal procedure & your co. apparently wants one in order to help you
best. It's hard to help you if you don't co-operate with them. It's your
choice.

[ecstudent]

I dont mean to argue but I am confused because every personal injury attorney's website says not to give a recorded statement because you cant correct anything after that. It sounds like its "normal" to give them because of high pressure tactics used on people unfamiliar with contract law. The ins co blatantly lied to me about the contract obligations. It certainly is not required in my contract, and I just received my renewal policy from them today.

I gave my ins co 3 detailed verbal accounts of the story already. How is this not cooperating? Why should a recorded statement make a difference at this stage? They told me they need it in case of arbitration and I said if it came to arbitration I would provide a statement.

Again, my main question is whether the determination of fault can be challenged. If so, how? Thanks

[Betty3]

Your ins. co. might challenge you being at fault if you cooperate with them in the way they want. (or they might still find you at fault) You can always talk to a traffic
law attorney & see what she/he thinks if you don't agree with the ins. co.

[lolcat]

You're paying your insurance company to protect you in the case of an accident and to work with the other involved parties' insurance companies to determine who is at fault, or what percent of the fault lies with each party. In order to do their job, they need information. It is common practice -- I used to transcribe recorded statements of participants and witnesses of accidents. If you don't cooperate with your insurance company they can't do their job, and, as the other respondents noted, they will assume the accident was your fault.

Agreed with the other responders your best bet is to try to contact the insurance co and let them know you are willing to give a statement now. They may be willing to recant if you're really nice about it and get the right rep.

[Betty3]

I don't see why you have such an adversion to providing a recorded
statement so the ins. co. can help you. However, it's your decision.

As stated previously, it's normal practice/common procedure.

[HRinMA]

Here is an idea. Have a copy of your written statement and read that during the recorded statement. Then they match.

[Betty3]

Good idea HRinMA.

[cactus jack]

You should have requested an accident report AND/OR have pics of the scene.

[GotSmart]

Personal injury "lawyers" are someone that want a large amount of money for someone that is HURT! In this case nobody was hurt, so there is no reason to not talk to your insurance company. What I see from your posting is a failure to yield to oncoming traffic. Unless you can convince me (Or your insurance company) otherwise, you are in the wrong.

I recently was in an accident where I believed myself to be 100% in the right, but my insurance company found me to be only 60% right. The other person lied to the police about many things, including having insurance.

I just noticed that this thread is two months old. Sorry for replying to a thread that a person advertising attorneys re opened.

[Betty3]

Please do not reply to old threads - this thread was started over a year ago. Thanks.