Insurance Claim Help

[lemoose]

This past saturday, this thug hit my car on the way home. We were both on the right turning lane (he was behind me) and as I made my turn he tried to overtake me and hit the rear-left side of my car. GEICO has determined its a 50/50 liability incident because we were both turning into the left lane instead of the right. However, the other driver clearly did not keep a safe distance and also failed to make a stop of his own at the red light- facts which my adjuster claims the video does not support. The other driver claims he was in the left lane when I hit him. However, in the video you can see that my car has just barely passed the first lane divider line when contact occurs, meaning that there is no physically possible way that there was enough space behind me for him to be in the lane. Any ideas on what avenues I can pursue to have this resolved? Dashcam footage is below:

https://drive.google.com/file/d/1Ur1ls-CraPcF6ROFQQex3aSazCavKJrS/view?usp=sharing

[Good]

This past saturday, this thug hit my car on the way home. We were both on the right turning lane (he was behind me) and as I made my turn he tried to overtake me and hit the rear-left side of my car. GEICO has determined its a 50/50 liability incident because we were both turning into the left lane instead of the right. However, the other driver clearly did not keep a safe distance and also failed to make a stop of his own at the red light- facts which my adjuster claims the video does not support. The other driver claims he was in the left lane when I hit him. However, in the video you can see that my car has just barely passed the first lane divider line when contact occurs, meaning that there is no physically possible way that there was enough space behind me for him to be in the lane. Any ideas on what avenues I can pursue to have this resolved? Dashcam footage is below:

https://drive.google.com/file/d/1Ur1...ew?usp=sharing

Get yourself an attorney. Were you both with Gieco?


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[ra2fanatic]

Then get a back camera too...

[lemoose]

Get yourself an attorney. Were you both with Gieco?


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Yea we were both with GEICO. IDK if the damages would warrant getting an attorney though.

[lemoose]

Then get a back camera too...

with my luck, the next incident will be from the side, and neither will capture it

[Good]

Yep! Both with Gieco, raise the premiums on both involved to cover the cost of damage for both parties. That’s just the way it works. Get yourself an attorney because Gieco won’t fight themselves

[Epsilon]

I can see how the adjuster made their decision. After you made the right turn at the intersection, the video showed your intention to turn directly into the left lane. Technically, you're supposed to turn into the right most available lane first, observe on-coming traffic, and then change lanes. Without hard evidence of the other driver doing wrong, they could only do a 50/50 fault.

[repoman89]

I can see how the adjuster made their decision. After you made the right turn at the intersection, the video showed your intention to turn directly into the left lane. Technically, you're supposed to turn into the right most available lane first, observe on-coming traffic, and then change lanes. Without hard evidence of the other driver doing wrong, they could only do a 50/50 fault.

Yep, this

[lemoose]

I can see how the adjuster made their decision. After you made the right turn at the intersection, the video showed your intention to turn directly into the left lane. Technically, you're supposed to turn into the right most available lane first, observe on-coming traffic, and then change lanes. Without hard evidence of the other driver doing wrong, they could only do a 50/50 fault.

well the other driver committed the same error so that alone would establish 50/50 in my opinion. however, he also did not maintain a safe distance, and ran a red light. granted, the hard video evidence isn't there, but given that he was in the same lane behind me (both accounts confirm this), it is impossible how he could've pulled forward after I went, performed a stop of his own, and then somehow still hit me only 4 seconds into my turn. it only takes grade school math to deduct exactly what happened, but apparently that is beyond their scope.

I think Good hit it right on the head. GEICO is taking advantage of the slightest bit of ambiguity here and capitalizing on it....

[Nate047]

I can see how the adjuster made their decision. After you made the right turn at the intersection, the video showed your intention to turn directly into the left lane. Technically, you're supposed to turn into the right most available lane first, observe on-coming traffic, and then change lanes. Without hard evidence of the other driver doing wrong, they could only do a 50/50 fault.

In some states, you can turn right into any available lane. But you have to go there directly, you can't turn and like, dawdle in the right lane and slowly float into the next one over.

How bad is the damage and what is your deductible?

[Good]

well the other driver committed the same error so that alone would establish 50/50 in my opinion. however, he also did not maintain a safe distance, and ran a red light. granted, the hard video evidence isn't there, but given that he was in the same lane behind me (both accounts confirm this), it is impossible how he could've pulled forward after I went, performed a stop of his own, and then somehow still hit me only 4 seconds into my turn. it only takes grade school math to deduct exactly what happened, but apparently that is beyond their scope.

I think Good hit it right on the head. GEICO is taking advantage of the slightest bit of ambiguity here and capitalizing on it....

I’m telling you from experience, an attorney is the only way to fight this one. Your defense is the opponents offense, and that never works out well.

[lemoose]

In some states, you can turn right into any available lane. But you have to go there directly, you can't turn and like, dawdle in the right lane and slowly float into the next one over.

How bad is the damage and what is your deductible?

The estimate is for about $800 which is over my $500 deductible. However, in their estimate calls for an amber pre-facelift tail light (ULO brand) instead of the OEM red/clear LEDs I have. Not excited about the uphill battle they'll probably give me on this.....

[Good]

The estimate is for about $800 which is over my $500 deductible. However, in their estimate calls for an amber pre-facelift tail light (ULO brand) instead of the OEM red/clear LEDs I have. Not excited about the uphill battle they'll probably give me on this.....

You need to fight for the liability side, not the minor damage (at least as far as the estimate goes). If you do decide to let insurance handle it, you must make sure they do not use any bullshit “1:1” Chinese replacement parts. I don’t know what state you are in but in previous experience with Gieco, all it took was a phone call to specify I want only OE parts for the repair to be done properly.

[Nate047]

Yea find the most expensive repair shop in your city and go there. If you're gonna pay $500 and have your rates increased, you at least want to have OEM lights and good paint that actually matches. I would still actually get a lawyer consultation though. You might pay a couple hundred bucks for their time but it'll put your mind at ease at least if they say it's not worth it. And if they DO think it is worth it, you'll not pay a dime in the end.

[lemoose]

alright thanks guys, it seems like i've exhausted my resources short of hiring an attorney- which at least sets my mind at ease.