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Anyone here ever been forced off the road by another driver?
- Thread starter K_W
- Start date
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Bonkers4Bacon
Expert
I haven't read all the responses but having worked in insurance auto claims for a couple years I figured I might be able to help. First of all, you're in good shape having a witness, video, and a police report. Without those items, all is lost and you're just SOL. But since you have those things, you are in much better shape than you might think.
The first thing you should do is file a claim with your insurance. Stay with me- when people hear that, they shut down. "Not my fault, I shouldnt have to pay" Couldn't agree more but your insurance company will do the work for you. Most people think you just turn in your claim and the insurance company fixes it and leaves. Depending on what company you're with, it could be that way. I work for a company that fights tooth and nail for you. After all, if we pay out thousands of dollars on a claim that we don't think we are liable for (and have evidence to prove), then you better believe we're banging on someone's door. Your insurance will complete an investigation and pursue any parties that are liable. Stuff you could technically do on your own and avoid $500 deductible, but would be a giant PITA. You pay insurance premiums for reason.
Anyway, once you have filed a claim have the witness provide a statement to your insurance, obtain a copy of the police report, and figure out a way to submit the video. Once all that is done, your insurance company should establish 100% liability on the other driver. IMO its a no brainer if it played out exactly like you mentioned. If this claim (with all this evidence) comes across my desk, there's no hesitation.
Your insurance company will then file a claim with the other insurance company. You have two options at this point, and really its based off the other insurance company. This is assuming they ultimately accept 100% liability. Scenario 1- other insurance company is still trying to complete their investigation and dragging their feet, while you have no vehicle. Pay your deductible, handle repairs through your insurance, and let your company pursue the other company. Once the other company completes their investigation and accepts, you will be reimbursed your $500. Scenario 2- other insurance company actually doesn't drag their feet, and they accept liability in a reasonable time. You can then handle everything directly through them, thus closing the claim on your policy and avoid any out-of-pocket expense or changes in premiums.
If the other insurance doesn't accept 100%, and your company doesn't agree with whatever %, it will go to arbitration once your vehicle is fixed. Once in arbitration, a third party will review the evidence and make a determination of fault. When that determination is made, all parties are bound to that decision. With your evidence, it shouldnt get this far. And if it does, an arbiter will review the evidence and make a no-brainer decision.
The act of pursuing the responsible party is called subrogation, and the big companies like mine can be returned hundres of millions of dollars from it. My company takes subrogation very seriously because we obtain the money back that we shouldn't have to pay out in the first place. We will pursue any avenue we see fit to get the money back from a responsible party. Hopefully I helped. If not, ignore me
edit - adding words that make coherent sentences
The first thing you should do is file a claim with your insurance. Stay with me- when people hear that, they shut down. "Not my fault, I shouldnt have to pay" Couldn't agree more but your insurance company will do the work for you. Most people think you just turn in your claim and the insurance company fixes it and leaves. Depending on what company you're with, it could be that way. I work for a company that fights tooth and nail for you. After all, if we pay out thousands of dollars on a claim that we don't think we are liable for (and have evidence to prove), then you better believe we're banging on someone's door. Your insurance will complete an investigation and pursue any parties that are liable. Stuff you could technically do on your own and avoid $500 deductible, but would be a giant PITA. You pay insurance premiums for reason.
Anyway, once you have filed a claim have the witness provide a statement to your insurance, obtain a copy of the police report, and figure out a way to submit the video. Once all that is done, your insurance company should establish 100% liability on the other driver. IMO its a no brainer if it played out exactly like you mentioned. If this claim (with all this evidence) comes across my desk, there's no hesitation.
Your insurance company will then file a claim with the other insurance company. You have two options at this point, and really its based off the other insurance company. This is assuming they ultimately accept 100% liability. Scenario 1- other insurance company is still trying to complete their investigation and dragging their feet, while you have no vehicle. Pay your deductible, handle repairs through your insurance, and let your company pursue the other company. Once the other company completes their investigation and accepts, you will be reimbursed your $500. Scenario 2- other insurance company actually doesn't drag their feet, and they accept liability in a reasonable time. You can then handle everything directly through them, thus closing the claim on your policy and avoid any out-of-pocket expense or changes in premiums.
If the other insurance doesn't accept 100%, and your company doesn't agree with whatever %, it will go to arbitration once your vehicle is fixed. Once in arbitration, a third party will review the evidence and make a determination of fault. When that determination is made, all parties are bound to that decision. With your evidence, it shouldnt get this far. And if it does, an arbiter will review the evidence and make a no-brainer decision.
The act of pursuing the responsible party is called subrogation, and the big companies like mine can be returned hundres of millions of dollars from it. My company takes subrogation very seriously because we obtain the money back that we shouldn't have to pay out in the first place. We will pursue any avenue we see fit to get the money back from a responsible party. Hopefully I helped. If not, ignore me
edit - adding words that make coherent sentences
Last edited:
Bonkers4Bacon
Expert
Also, for what its worth, I agree with the decision of not leaving your lane. Your safety is the most important thing.
Being in insurance, I will also tell you - always hit the animal. Always. I've seen a lot of instances of people swerving to miss an animal and hitting a sign, tree, or straight into a ditch. Resulting in very serious injuries that wouldn't have been as severe or maybe even avoidable if you hit the animal. And insurance wise, animal hits are "comprehensive" losses, while running into a tree or ditch is "collision." Comprehensive losses won't affect your premiums nearly as much as a collision, and usually carry lower deductibles. Soap box over
Being in insurance, I will also tell you - always hit the animal. Always. I've seen a lot of instances of people swerving to miss an animal and hitting a sign, tree, or straight into a ditch. Resulting in very serious injuries that wouldn't have been as severe or maybe even avoidable if you hit the animal. And insurance wise, animal hits are "comprehensive" losses, while running into a tree or ditch is "collision." Comprehensive losses won't affect your premiums nearly as much as a collision, and usually carry lower deductibles. Soap box over
Well, here's something insurance companies usually won't tell you. If you file a claim and 'just leave it to the insurance companies to fight for you', even if the accident is not your fault, it'll still count against YOUR record, and there's a very good chance your premiums will be higher either immediately, or upon renewal.
This is true even if no one was driving your vehicle at the time. For instance, if someone struck your car while it was parked and no one is in it. Doesn't matter. From the insurance company perspective, a claim is a claim, and it counts against your record. Even if you're not anywhere near your vehicle, or you are but the accident isn't your fault, even if your insurance company ends up paying zero in repairs, etc.
Insurance companies are in the business of collecting money, not paying out money. It doesn't matter if they collect thousands of dollars in premiums over many, many years. Irrelevant. If they have to pay out anything, in any manner, on your behalf, they'll look for a way to recoup that payout, many times over.
The 'goal' is to collect $$$ from the insured for decades, and never spend anything beyond some paperwork.
Don't buy into that "Well, they pay out so much, they need to keep costs down, and the poor insurance company needs to make a profit, ya know!" Ever SEE insurance company HQ's? Harvard and Google would be jealous at some of the insurance company 'campuses'. Insurance companies make huge profits after all the payouts they make. And they do that by NOT paying out as often as possible.
And don't buy into the psychobabble about "Claims and fraud harm everyone because the insurance company is 'forced' to raise rates on everyone". Does anyone really believe that if, next year, 'that' insurance company paid out zero in claims, found zero in fraud, they'd lower your rates? Not a chance.
And if you have zero claims, why do your rates go up? Your paying for the errors of others. While those 'errors' are taken as deductions against the insurance companys' tax liability. So, perhaps they collect from the guilty party, take a tax deduction for anything they paid out beforehand (like fixing your ride), and raise your rate to 'recoup the payout'. That $1 'payout' brings in, maybe $2.25 - $3.00 to their coffers. So much for the 'poor insurance company'.
Have insurance, certainly. Or self-insure if you can. Just understand a LOT of rhetoric regarding the 'poor' insurance companies is just hyperbole, meant to keep a 'sympathetic' mindset toward the insurance companies as being 'your friend'. Sure, they're your 'friend' as long as you're paying for it, LOL.
This is true even if no one was driving your vehicle at the time. For instance, if someone struck your car while it was parked and no one is in it. Doesn't matter. From the insurance company perspective, a claim is a claim, and it counts against your record. Even if you're not anywhere near your vehicle, or you are but the accident isn't your fault, even if your insurance company ends up paying zero in repairs, etc.
Insurance companies are in the business of collecting money, not paying out money. It doesn't matter if they collect thousands of dollars in premiums over many, many years. Irrelevant. If they have to pay out anything, in any manner, on your behalf, they'll look for a way to recoup that payout, many times over.
The 'goal' is to collect $$$ from the insured for decades, and never spend anything beyond some paperwork.
Don't buy into that "Well, they pay out so much, they need to keep costs down, and the poor insurance company needs to make a profit, ya know!" Ever SEE insurance company HQ's? Harvard and Google would be jealous at some of the insurance company 'campuses'. Insurance companies make huge profits after all the payouts they make. And they do that by NOT paying out as often as possible.
And don't buy into the psychobabble about "Claims and fraud harm everyone because the insurance company is 'forced' to raise rates on everyone". Does anyone really believe that if, next year, 'that' insurance company paid out zero in claims, found zero in fraud, they'd lower your rates? Not a chance.
And if you have zero claims, why do your rates go up? Your paying for the errors of others. While those 'errors' are taken as deductions against the insurance companys' tax liability. So, perhaps they collect from the guilty party, take a tax deduction for anything they paid out beforehand (like fixing your ride), and raise your rate to 'recoup the payout'. That $1 'payout' brings in, maybe $2.25 - $3.00 to their coffers. So much for the 'poor insurance company'.
Have insurance, certainly. Or self-insure if you can. Just understand a LOT of rhetoric regarding the 'poor' insurance companies is just hyperbole, meant to keep a 'sympathetic' mindset toward the insurance companies as being 'your friend'. Sure, they're your 'friend' as long as you're paying for it, LOL.
As was advised in the a couple posts above, give your insurance company all the info and evidence and let them do the work. They're much better at it than anyone else.
People will do weird and dangerous, brain dead things, giving you interesting driving choices. I was driving a fire truck - an engine/pumper, big red and white thing with red and blue flashing lights, strobes, siren, headlights on...the works. Came to T intersection where I was on the stem, turning right onto a two-lane highway which was the crossbar of the T. Came to complete stop. Vehicle coming from left, in lane I wanted to turn into, came to complete stop and waited. Two pickup trucks were in the far lane of the T coming from the right. The first pickup slowed and moved partly on the far the shoulder, away from me.
I turned right into the nearest lane, which had a paved shoulder and I fudged it onto the shoulder a bit stay away from the far lane as much as possible. As I was finishing the turn onto the highway, the second pickup, the one behind the pickup that was following the law and pulling to the shoulder, PASSED the first pick up, which meant she was straddling the center line and of course was partly in my lane. She accelerated thru the gap between me and the other pickup, without a lot of room to spare on either side. Broad daylight, good weather. Crazy blonde in a black pickup.
If there had not been enough of a gap, I would have stayed the course. Taking a big truck into the ditch is a good way to roll it over, which is not good. Head-on is not good either, but at least I was sitting above the impact point, instead of behind it. Happily there was no BangCrunch, but there were quite a few bad words pronounced.
People will do weird and dangerous, brain dead things, giving you interesting driving choices. I was driving a fire truck - an engine/pumper, big red and white thing with red and blue flashing lights, strobes, siren, headlights on...the works. Came to T intersection where I was on the stem, turning right onto a two-lane highway which was the crossbar of the T. Came to complete stop. Vehicle coming from left, in lane I wanted to turn into, came to complete stop and waited. Two pickup trucks were in the far lane of the T coming from the right. The first pickup slowed and moved partly on the far the shoulder, away from me.
I turned right into the nearest lane, which had a paved shoulder and I fudged it onto the shoulder a bit stay away from the far lane as much as possible. As I was finishing the turn onto the highway, the second pickup, the one behind the pickup that was following the law and pulling to the shoulder, PASSED the first pick up, which meant she was straddling the center line and of course was partly in my lane. She accelerated thru the gap between me and the other pickup, without a lot of room to spare on either side. Broad daylight, good weather. Crazy blonde in a black pickup.
If there had not been enough of a gap, I would have stayed the course. Taking a big truck into the ditch is a good way to roll it over, which is not good. Head-on is not good either, but at least I was sitting above the impact point, instead of behind it. Happily there was no BangCrunch, but there were quite a few bad words pronounced.
Bonkers4Bacon
Expert
Every situation is different, and there are a lot of factors that go into premiums changing. I can only speak for the company I work for, I'm sure there are different policies for every company. In this scenario, if the other insurance company were to accept liability and you handled directly through them (meaning nothing paid out on your claim and everything closed), then nothing would be effected. Again, many factors are at play but lets assume you've paid everything on time and have not a single blemish on your record. For this incident there is no "surcharge" because you weren't at fault, and the premiums won't change because no money was paid out. Surcharge is a fancy term for meaning you had fault in the accident, thus possibly negatively affecting you.
Again, I can only speak for my company. If you have any reservations whatsoever, talk to your agents office. They will be able to tell you how your premiums might change or if they might change, if you were to file a claim. Talk to them before filing a claim and they'll give you all the info you need
Bonkers4Bacon
Expert
Isn't the goal of every company to collect $$? It helps that being uninsured can get your license suspended in IN.
I keep auto insurance largely in case of a huge medical or property liability due to an accident. I wind up driving "The Chicken" a lot, which is a 94 Thunderbird. If it's totaled, I'll just pee on it and drive my 03 Exwhatever Ford SUV. If that's totaled, I'll just pee on it and drive my black 10 GT Mustang. I like that one best anyway. That gets totaled, I have the Harley. That gets totaled, I have the scooter. Probably what I should be driving mostly anyway. I don't figure much on paying for some wienerhead bicyclist laying in a hospital bed for 4 months because he expected me to notice him in my blind spot, or the facade of some store that wouldn't get out of my way. Now, I'm a damn good driver, had only a couple of claims in 35 years, and only one could be shared responsibility. I drove a school bus for 11 years and got even better. You could do some damage with one of those, lemme tell ya. If there was some way to get them to quote insurance without coverage for damage to my vehicles (maybe there is but I haven't found it) I would do it. Layers of backup is my key.
A couple of years ago I was driving to class. I jumped between two semis, which they had about 4 semi lengths between them, and the one behind me got pissed. He started flashing his lights, blowing his horn and doing stupid ****. Eventually, traffic slowed and he got beside me and tried to merge into me 4 times, the second time squeezing me almost into the guard rail. After the third time, I had enough and called 911. The trooper we had passed 2 miles earlier wound up pulling him over, what came of that I don't know. I do know that had he hit me, he would have jumped out mad, and I would not have hesitated to do what I had to do.
BehindBlueI's
Grandmaster
- Oct 3, 2012
- 25,937
- 113
Never completely off the road, but into the emergency lane twice. Once was while on a Goldwing with my wife on the back. Scarey moment for a bit.
Years ago in downtown Indy I was forced to the side of a city street since the idiot driver of the car forcing me over decided he needed in my lane NOW. I slammed into the curb going about 25 mph. Blew out the front right tire. D bag kept driving.
And I was going to a rather important appointment.
And I was going to a rather important appointment.
I have not been in this situation myself. If I were, I would lay on my horn and move over only as far as safely possible without running off the road. If the driver hits me, then so be it, but I will not intentionally put myself in danger by moving off the road so some jackwagon won't merge into my car. This is, of course, based on my belief that being hit by that truck is better than running off the road and risking running into something stationary and head-on.
Bonkers4Bacon
Expert
Glad it worked out for you!
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