[GKVe90]

I would like to my sad story to all the members in E90post.

My car was rear ended 3 weeks after the delivery of the car. That was in September. Now, my car is back in the shop again because she was rear ended again!!

On the day after thanksgiving day, My brother and I decided to go take a look at the cars for him. Everything was fine until we left the Mercedes dealer in Englewood, NJ after checking new e350.By the time we left the dealer, the traffic in the area was moderately heavy, and I was on the left lane to make a left turn. My brother and I were talking how good the mercedes was compared to his 2000 A6 quattro, and BAMM!!!

I stepped out from the car, and the guy from the '88 Lincoln(Car which rear ended mine) started BSing that there was a third car which pushed his car into my car. Obviously he was lying because there was no car behind his car when I stepped out from the car right after the accident, and traffic was heavy so people would've spotted the hit and run vehicle.
Anyways, I didn't even care about what he said, and called a cop. When the cop was inspecting the scene of accident, the other guy was saying that his car was pushed by other car again!! The cop told him that there was virtually no evidence of his car getting hit that hard to break my rear bumper entirely, and the cop also ignored what he was saying.

Now I got the rental car, and the car is in the body shop waiting to be repaired. Then, the adjuster from AIG (other party's carrier) called me, and told me that since his client is arguing that there was a third car involved in the accident, they are not liable for the accident and will not pay for the rental car and repair.

As of this point, I am trying to use my insurance first to repair the car, and let them get the money back for the rental car and deductible from AIG. Do any of the member working in Insurance industry, and know how likely it is to get the money from them?

Anyways, thanks for reading the long~~~ post, and I really really really hope this does not happen to E90post members any E90 drivers out there.

[LEDZEP]

Damn! You have my complete sympathy!

[Bimmerista]

Key here is to ensure that the police report confirms that there was no third car and that should be the end of it. With the report your insurance will get reimbursed.

Now I am ignorant of US insurance laws, but in Canada, the guy could have been pushed by a Mac truck, still his fault he hit you. The chain of claims even of he would be right should be (would be here), you claim from his company (they pay), he claims from (fictional) third car company for his damage AND his insurance company claims from third car insurance company for the the $ they paid out on your initial claim.

Good luck to you.

[e90fanatic]

try consulting a lawyer. The police report states everything. He can't even prove that another car pushed him. The insurance just doesn't want to pay for the damages. Just consult with insurance company as well as a lawyer and see your options.

btw....i doubt that the 88 lincoln has any ABS and is RWD! Pretty high chance this guy is full of $hit. and it doesn't matter if there was a 3rd car....it's him that got hit into you. if there was a third car, then he should have went after that 3rd car....not your fault. Your only concern is that he hit you.

[longtran]

Originally Posted by e90fanatic

try consulting a lawyer. The police report states everything. He can't even prove that another car pushed him. The insurance just doesn't want to pay for the damages. Just consult with insurance company as well as a lawyer and see your options.

btw....i doubt that the 88 lincoln has any ABS and is RWD! Pretty high chance this guy is full of $hit. and it doesn't matter if there was a 3rd car....it's him that got hit into you. if there was a third car, then he should have went after that 3rd car....not your fault. Your only concern is that he hit you.

no need for a lawyer. most likely your insurance company have their lawyer to take care of it all. no worries. you will get your money back and car fix.

[underDAWG]

It does not matter if other car hit his car or not. It does matter is his car hit yours. It is his fault. In other words, if you slam the brake, the car behind you hits you. It is the car behind you bears the fault. becasue he should keep a safe distanst and be alert at all time. Case closes.

You don't need to talk to the other company, just deal with your own insurance company. Good luck!

[David328M-Sport]

Yes, insurance cover should be pretty similar here as it is in your part of the world. If you can name the person who hit you, you can claim on YOUR insurance and not lose any bonus advantages you had built up over claim free years or fault free claims.

His insurance company is looking to avoid payment at all cost.

Just put forward all your details to your insurance and hopefully nominate the repairer of your choice and have the car repaired quickly.

All the best.

[mds82]

i got hit in the front once so far so i also know your pain. my dealer today just completely scratched the side of my car today and i'm soooo pissed. i know the pain. my car has been a nightmare as well. i really just want a new one to start from scratch again

[GKVe90]

Thanks a lot for the replies!!
I really appreciate them.
I guess my next step is getting my insurance to fix my car first, then figure out from there w/ their lawyers. I just hope to see my baby back soon. (It's been almost 2 weeks since the accident happend)

One concern to me is that, the adjuster from AIG left a messege on my cellphone after I asked her to call me back and update me what's going on with the claim. She said that their insured is going to get police report adjusted. Is it ever possible to change what has been written down on police report after the day of accident?

[roburado]

Originally Posted by Bimmerista

Now I am ignorant of US insurance laws...

I could be wrong, but I think there isn't really any U.S. insurance law. I think it's a matter for that has been left to the states to decide individually. Can someone correct me if I'm wrong?

For instance, here in Michigan, we have "no-fault" insurance. Basically, my insurance company pays for my repairs. The fool who hit me should have his own insurance, and his insurance pays for his damage. All of this happens regardless of who is at fault. Obviously, it's the fault of idiot who hit me, though. Of course, that's an over-simplification, because that would preclude ever being able to sue someone. What lawyer would ever author a bill or a regulation saying you couldn't sue someone?

[KMA]

GKVe90, sorry to hear about the (2nd) misfortune. How's Edgewater? I used to live over at the Promenade behind the multiplex. Sold it and bought a house elsewhere in Bergen county this past summer, but still miss the convenience of everything there....

Okay, I have lots of input on this topic, because I have been in NJ for 3 1/2 years and after never having any accidents in my life (even after driving around and having my cars garaged in the NYC when I lived there), have been hit every which way in every one of my cars since coming here (i.e., NJ lives up to its reputation for bad drivers). I'm going to explain more detail than necessary, because perhaps my experience can help more than just you in terms of how things work in NJ...

Originally Posted by GKVe90

Is it ever possible to change what has been written down on police report after the day of accident?

Doubtful. If it is, there may be a slight possibility that an individual can change their "statement" as to what occurred. In general, I believe the police will put down whatever each person says here without a significant amount of judgment as to whether it is truthful or not. Do you have a copy of the police report yet? NJ uses a standardized form in which the police put codes up and down the right and left sides. What you need to be most concerned about is fields #28 and #29, which is "Apparent Contributing Circumstances" (for vehicles #1 & #2 respectively). There are twenty-seven choices that the police choose in terms of what they think each driver contributed to the accident. In all incidents I have had, they put "25", which on the key means "None". If you have anything other than this, then the insurance companies will argue about what percentage each should pay--or if each will just pay their own insured's claims. The police do not always give you the key sheet, because they don't want to deal with an argument when individuals come to pick up the report. You can either ask for it, or if they "don't have any available", I can email you a copy. Just let me know.

Originally Posted by GKVe90

Now I got the rental car, and the car is in the body shop waiting to be repaired. Then, the adjuster from AIG (other party's carrier) called me, and told me that since his client is arguing that there was a third car involved in the accident, they are not liable for the accident and will not pay for the rental car and repair.

As of this point, I am trying to use my insurance first to repair the car, and let them get the money back for the rental car and deductible from AIG. Do any of the member working in Insurance industry, and know how likely it is to get the money from them?

On the one hand, it's nice and clean and you pay zero out-of-pocket when claiming through the other person's insurance company. Just remember, you are not their customer and they have no interest in providing you good customer service or ensuring that you are happy. So, you have to go through hassles like you noted above to fight for each and every thing. I have done this in NJ and really had to bully the other person's insurance company to get things done quickly and to avoid getting screwed over by them (i.e., example: they tried to get me to drive a sub-compact rental; but I was able to negotiate an Infiniti FX35 after more than a bit of tooth pulling).

The easier approach, which you seem to have already come to--but may involve some *temporary* out-of-pocket for you--is to use your insurance and have them handle it as a subrogation claim. So, hopefully (unless they don't want you as a customer anymore for some reason), your own insurance company *is* interested in making you happy. They will put through the claim and pay for everything. You will have to pay your deductible. Then, they sue the other insurance company (and you do not have to be involved whatsoever), then if they get all their money back, they will return to you your deductible. Obviously, a little bit of risk and time here... but the tradeoff is you get things done with a lot fewer headaches. And in NJ, this does not impact your insurance premiums to claim through your own insurance company when you were not at fault. If you have no contributing factors (i.e., 100% not your fault), I do not believe it is legal for them to raise your rates.

I have done a subrogation claim twice in the past--one time it took a couple months to get my $1,000 deductible back, and one time it took a full year because the other insurance company was arguing about how long the car was in the body shop (and hence was trying to refuse payment for part of my rental car). Thankfully, in the latter, my insurance company had a lot of tenacity in not settling for less and ultimately won this, and again, got my full $1,000 back. So, I'd say your chances are about as good as your insurance company is at "making you happy" (i.e., my company had gotten their own money back, but continued to fight for mine. I should note that I have every insurance line they have, so I may be considered a premium customer. I'm not sure).

I actually have yet another subrogation claim underway with my 2006 330xi, which was recently totaled with only 200 miles on it. It's all going smoothly so far (Thankfully, in addition to the other driver being responsible for 100% of contributing factors, she actually made a statement that it was her fault). I'll be posting an update in another thread soon when it settles.

Anyway, sorry for the overly-long answer... but thought it would be helpful in terms of guidance and putting your mind somewhat at ease.

The one thing you have on your side--as others have alluded to already in their replies--is that in NJ (and probably every state and many other countries), a rear-end collision is just about always the other driver's fault.

[kal-el]

I'm sorry to hear the misfortune. I hope everything will work out.

[GKVe90]

Thanks a lot KMA for the detailed reply. I really really really appreciate it, and I feel like I have treat you a dinner or something!! ^__^
Finally (after 2 week of storing my vehicle in body shop), the estimator from my insurance (Statefarm) will come out to take a look at my baby tomorrow. I am just more than happy to hear that since i will be able to let the body shop to start the job as soon as the estimator leaves the shop.
Hopefully I will have my car back by next tuesday.

I know the bodyshop i am using will not disappoint me, cuz they've worked on my e90 once before, and it was awesome. If anybody has to use bodyshop for any reason in Northern NJ, I recommend C&D Autobody in South Hackensack. They do a lot of BMWs and other imports, and i think they are the best in Northern NJ. Also have a great service too.

[GKVe90]

oh by the way, I have 25 in #28, and 02 in #29 of the police report.

[KMA]

Originally Posted by GKVe90

oh by the way, I have 25 in #28, and 02 in #29 of the police report.

You should have no problems then... as "02" represents "Driver Inattention". So in the judgment of the officer, you are deemed as doing nothing and the other guy was not watching what he was doing

[Garrett]

Originally Posted by GKVe90

I would like to my sad story to all the members in E90post.

My car was rear ended 3 weeks after the delivery of the car. That was in September. Now, my car is back in the shop again because she was rear ended again!!

On the day after thanksgiving day, My brother and I decided to go take a look at the cars for him. Everything was fine until we left the Mercedes dealer in Englewood, NJ after checking new e350.By the time we left the dealer, the traffic in the area was moderately heavy, and I was on the left lane to make a left turn. My brother and I were talking how good the mercedes was compared to his 2000 A6 quattro, and BAMM!!!

I stepped out from the car, and the guy from the '88 Lincoln(Car which rear ended mine) started BSing that there was a third car which pushed his car into my car. Obviously he was lying because there was no car behind his car when I stepped out from the car right after the accident, and traffic was heavy so people would've spotted the hit and run vehicle.
Anyways, I didn't even care about what he said, and called a cop. When the cop was inspecting the scene of accident, the other guy was saying that his car was pushed by other car again!! The cop told him that there was virtually no evidence of his car getting hit that hard to break my rear bumper entirely, and the cop also ignored what he was saying.

Now I got the rental car, and the car is in the body shop waiting to be repaired. Then, the adjuster from AIG (other party's carrier) called me, and told me that since his client is arguing that there was a third car involved in the accident, they are not liable for the accident and will not pay for the rental car and repair.

As of this point, I am trying to use my insurance first to repair the car, and let them get the money back for the rental car and deductible from AIG. Do any of the member working in Insurance industry, and know how likely it is to get the money from them?

Anyways, thanks for reading the long~~~ post, and I really really really hope this does not happen to E90post members any E90 drivers out there.

Doesn't matter what circumstances forced his car into yours.. his car hit yours PEROID !

In Michigan, who's at fault and who pays isn't the same. Ohio it's different.

He can lie to his insurance (AIG) but in the end, the Police investigated and made the report stating he hit you. AIG will pay for your damages, because they insured the man.

So what if someone hit him or "pushed" them into you. He's liable for being in control of his vehichle and could've steared it away...etc. Your not liable for his misfortunat circumstances. AIG is liable for his car being thrown into the back of yours... weather he did it or not.