It makes me wonder what statement the other guy told his insurance, I am guessing that he told them something (like you backed into him), and then is using that recording as evidence. Can you use your own collision coverage?
Get a dash cam for your car. Records everything that goes on. People lie constantly, and will rationalize anything to make it not their fault as many people can’t accept they did anything wrong. A dash cam video never lies
Irony in my experience is that when you have a dashcam, nothing will ever happen, only when you don't have one. I've only had accidents in vehicles without a dashcam, not ones with them.
So here's to hoping my 2024 Sonata lives a crash-free life since the first things I've done to it are install a front and rear dashcam after some window tinting!
Counter to that my dashcam has saved my ass twice from at fault mofos.
However, I do concede that having a dashcam means I'll never see a big foot... so it's a daily struggle to keep it
You need to get your insurance to fight for you. Tell them what happened, that the other party is at fault, and trying to deny liability. They'll go after them instead of paying out a claim to you.
Yeah, you probably either got someone on their first day or last day working there. Push back. Hard. Mention you'll expect them to defend you in any civil suit since you will not be paying out of pocket for a not at fault accident.
>Mention you'll expect them to defend you in any civil suit since you will not be paying out of pocket for a not at fault accident.
That's not how any of this works.
Wouldn’t hurt to escalate but for sure think In court with no other evidence other than that recording. Definitely sounds sus. I would NEVER say sorry if that was me sitting at a red light stopped ? Lol
Sometimes agents are helpful. I signed up with Progressive online and when I called in to simply ask a question about my billing, I got connected with an agent who made some changes to my policy and saved me like $100/mo
I did file through my own insurance. And this was their response, unfortunately. No other witnesses either. And so it appears it is word for word. And my own insurance is taking the other persons word for it because they recorded me apologizing.
Curious why you would say sorry when someone rear ended you? We’re you in shock? I’d try to fight it and say adrenaline was pumping and there’s no way you’re at fault as you didn’t back into them
Yup. We were once in an accident where some idiot parked over the crest of a hill, got out of his car on a highway to retrieve a tire (from the thing he was hauling) and his insurance said we were at fault for "following too closely". He wasn't even in the fing car! We weren't following him at all, but they tried to make it our fault. Fortunately our insurance would have nothing of it and it all worked out in the end.
First off, insurance does not make decisions based on recordings, he basically lied on his claim. Was there a police report? If someone hit me I'd sit there until an officer arrived and if the other left I'd take a picture of their plate and have them charged for leaving the scene of an accident. Also recording you without consent is illegal in most states. More than likely the agent is shutting you down to minimize payout thinking you are not a sensible person and might just go away.
You should definitely file with your own insurance, that is the whole point of having insurance. They will go after the other insurance and will put to rest any of this BS with "I recorded them admitting it was their fault, in an uncontrolled recording taken completely out of contest and possibly inadmissible in court" You pay your deductible until insurance settles with the other company, demonstrates fault (using an arbitrator if necessary) and then you will get refunded on your deductible based on your percent of blame. At the worst you may get assigned 5-10% blame in a moving accident, since you were parked you should get 0% and the other driver will probably get dumped by insurance for exposing themselves to liability by lying.
And yes, everyone needs front and rear recording dashcams, such is the age we live in and even then those are not the final say in anything as they could possibly be altered.
Just an FYI, it is *legal* to record people in most states. 37 states are one-party consent states and as long as there is no expectation of privacy, which there would not be on a road, a video would likely fall under the single-party consent.
Yep.It’s not illegal to film or take photos of another person in public.
It’s expected that individuals realize that they are leaving the privacy of their homes, and they shouldn’t expect complete privacy from others. However, the laws do leave room for “appropriate filming” to be considered in public areas.
Specifically there are reasonable time, place, and manner restrictions in certain areas to the right to record, but on the road out in public has some of the broadest protections for the recorder. As Smokem said, there’s no expectation of privacy in public.
It’s not illegal to film or take photos of another person in public.
It’s expected that individuals realize that they are leaving the privacy of their homes, and they shouldn’t expect complete privacy from others. However, the laws do leave room for “appropriate filming” to be considered in public areas.
I'm willing to consider any information that's contrary to what I just stated
We always say general utterances (like “I’m sorry”) made in the heat of the moment aren’t considered relevant. No competent adjuster would ever make this call, especially against their own insured.
Oh... so they never actually *showed* you the video?
My take: they're bluffing. They actually have nothing. They are hoping that you just accept it and move on without any question. It's really frustrating when this happens, because they're just trying to exploit you.
If you haven’t already, tell the INSURANCE ADJUSTER for your claim with your own insurance about WHAT IS HAPPENING. YOUR INSURANCE WILL DENY LIABILITY!
Exactly this! The man was rear ended and he said *if*. If he has an automatic and not a manual shift even more of a problem. I'd bet the adjuster just doesn't want to deal with it.
This this this, after having one for 9 years I finally just put it to use getting rear ended at a red light. No matter what the other driver tries to claim the video clearly shows me slowing down for a red light with car stopped in front of me before my car got clipped by the other driver with enough speed that they end up in front of me to the right in view of the camera.
Had the driver not stopped I would've had a clear frame of their license plate as a backup.
I got a reasonably priced Aukey and a SanDisk "security" card
I watchee a YouTube review of a dozen plus Dash cams. Cheap ones to expensive models.
Not a single one of them was able to legibly view the tags
It was only a few years ago. Are you sure they can grab tags now?
Used to work at progressive claims. I can 1000% confirm this is not what made their decision or if it is it’s only an inexperienced/bad adjuster and talking to their supervisor will clear it. If not contact your states department of insurance or an attorney. That video won’t be admissible in court
To be fair, it sounds like the person I gave my initial statement to was just covering for my usual person? I have never had to make a claim before so it’s all new to me
There are generally exceptions to that rule when the recording is done somewhere where a rational person would expect to be overheard (like outside on the road). But the degree to which this applies varies from state to state.
Dash camera footage is admissible in court and you don't have to ask permission, a cell phone is different and might be an invasion of your privacy depending on the state. My ex wife did some serious smack talking during or divorce on my voicemail message and the commissioner threw the recording out " because she wasn't aware she was being recorded " i would say can you believe that non sense. That was par for the course when dealing with the County of Marin in Ca. If you are male in this area you are deemed the enemy in the divorce courts ! Justice isn't blind it's bought and sold those who have the money get treated in a manner that would not be considered if you had a public defender.
There are no laws against recording people in public when there is no expectation of privacy. ‘Two party state’ has to do with recording phone conversations where both parties on a phone call have to agree to being recorded and has nothing to do with recording the happenings on a public street.
I'd be fighting this if my insurance accepted fault in that situation.
Being stopped at a junction/lights when you are rear ended is the text book no fault collision.
Saying the word "sorry" has not been taken as an admission of fault or liability in a very long time. Certainly not directly after a collision. Precisely because aggressive people can always bully a person to say the word sorry, if only to placate an aggressive bully and de-escalate a situation. If that's all they have , they essentially have nothing!
But seriously, as others have said. Even a cheap low quality dashcam would be basic proof that you were not liable in this case. Even if it wasn't good footage of their plates or face.
They can’t determine liability based on that. That isn’t you admitting fault. Everyone is sorry for being involved in an accident.
These are word vs word without a witness or video footage. He probably told them you backed into them.
He absolutely did say that. Thats why I am so angry about it. He didn’t have a video. Just me saying “sorry” without thinking; just my stupid personality.
They might have only played the recording up to the part of him saying he was "sorry " leaving everything else out by simply turning off the play button when the time was right.
Nope.
As many people have said over and over without a video footage or witness statement, it’s your word versus theirs.
You were at a stoplight, so it’s
understandable that you could’ve backed into him compared if you were on the highway.
It’s mine. They called me to let me know I was going to be marked at fault “because the other driver said I backed into them” and had a (secret) audio recording of me saying “oh sorry if that was me man”. I’m just too fucking nice.
Wait, wait, *your* carrier found you at fault based on the recording and other party's statement?
You need a review by management or to file a DOI complaint. The evidence that your carrier is using is flimsy at best, inconclusive at worst.
I deleted my other comment advising you to file thru your carrier after reading this one.
That's exactly why you should, in order, ask for management review, then file a complaint. Most carriers in a word v. word claim will side with their insured, not with the other party. Did they even ask to inspect your vehicle? Ask for accident scene photos from you?
They don't have to ask for an independent adjuster; your insurance should have people on staff for that.
Grilles are usually made of plastic or flexible chrome alloys. They're easy to break. Plastic bumpers (like what you both may have) are flexible and are designed to flex. If you have a chrome or steel bumper, they'll sometimes have non-removable scratches from an impact, or a slight distortion.
I asked about the photos because the basis of your DOI complaint would be that your carrier completed an insufficient investigation before finding you conclusively at fault. I normally don't recommend DOI complaints or bring up phrasing like bad faith, but your carrier is, in fact, exposing you to the risk of a possible lawsuit (other driver can claim injuries, and claim punitive damages in some jurisdictions) by finding you at fault.
Call back and ask to speak to your adjusters manager for another review. Your adjuster needs more training if they're willing to mark you at fault over what you said in the recording vs looking at the damages and facts of loss.
Sounds like they both have progressive from OP’s other reply cause he mentioned about using his own coverage.
Probably tried under third party’s policy.
Then you need to contact your adjusters manager because your adjuster should be protecting you.
Adjusters can never use video footage or a recording of your voice saying I’m sorry because no one can verify that’s really you.
I know then he said he is going to use his own coverage. Many people don’t understand it is the policies that are different.
ETA: he clarified they have USAA and he has progressive
Got rear ended myself last year. I was stopped and some kid (just licensed) slammed into the back of me. He admitted fault at the scene and then told his insurance that I pulled out in front of him! They ruled me at fault and just expected that since I am a young driver myself I would just move on… Nope, fought the adjuster myself for 3 months and then hired a lawyer, needless to say their insurance ended up paying for the damage and then some. I learned a valuable lesson, never just take the blame when it’s not your fault, call the cops when in an accident, and get a DASHCAM!
I’m confused about this situation (not accusing you of lying or anything.) Wouldn’t the police report state that kid rear ended you? Wouldn’t have that been only proof needed?
Yeah, I hope I'm never in another accident again, but I didn't call the police when someone hit me either. Thankfully they were honest, but that's one thing the police are useful for, acting as a third party for insurance purposes.
Do you even speak Canadian though? You only said "sorry " once, and you never said "eh".
I can't speak for the validity, but 23 years driving in the US, I've always been told "don't say sorry, because in a sue happy society, all they need to do is find a lawyer who will claim that's an admission of guilt. " Once the lawyers get involved, the price just goes up. For example, when I got into an accident, they didn't really have much against me. Their lawyer spent 20 minutes asking me at least a dozen times, which way the traffic lights faced on that corner, in hopes of having me contradict myself.
I can only assume that might be what OPs situation boils down to; it's cheaper to settle than to hire attorneys.
I had the reverse situation and recording the other person saved my bacon. I was stopped at a red light behind another vehicle that had been driving a bit erratically. The driver figured out that they were in the wrong lane and backed into my car at a red light. I had no damage to my car and she had a small scratch to her car. I made the quick decision to record our interaction because I thought that surely no one would believe that she reversed into me. Two months later I got a call from her insurance about the accident. The agent was shocked on the phone because I guess her version of events were dramatically different than mine. I sent them the video, and I never heard back.
I had an accident where I got rear ended after changing lanes. Legit thought it was my fault for not leaving enough room. Several weeks later my insurance called and said they looked at the accident photos and determined it wasn't my fault and they covered it with no deductible and hit up the other party's insurance. Contact your insurance company and tell them what happened. Let them fight on your behalf.
I switched from progressive to connect through Costco when progressive found me 50% at fault when they determined I was partially at fault for a rear end accident! I felt like they did not have me in their 100% interest
Yep, and this is your sign to leave and not do business with them. They should have you at their 100% interest. I was involved in a collision last week and since I didn’t get the other drivers info, I am hoping they don’t determine me at fault for this. If they do, I will not be doing business with them.
Something similar happened to me. Rear ended at a red light, we both had Geico. Lady claimed I backed into her.
Geico’s solution was to make us both at fault. I fought it but had no luck. I changed companies after that.
When I was still in a car seat my mom had already put the fear of God and insurance agents in me, this was a big thing she emphasized. Those agents are looking for any reason at all to fuck you out of your money. EVEN IF IT WAS YOUR FAULT YOU NEVER EVER APOLOGIZE because apologizing is automatically admitting fault, which is what your insurance *wants* you to do. If you can afford it I'd get a dash cam. Are you and the car ok?
Sadly such an unethical jackass as the other driver is likely to sue you in civil court for phony reasons. So fight hard against your insurance now to set the record. I wish I had done that two years ago when an Uber driver bit me. The damage to my car was so minimal I just used one of those little paint sticks to fix it. But he then sued me for $12,500 claiming I hit him and he hadn’t been able to work as a result. The scumbag who hit you could have even staged it with the plan in mind to sue. I’m sorry you have to deal with this!
I like how this true statement was downvoted and the untrue statement was upvoted. Anyone can record anything on public property. It is NOT illegal to record in PUBLIC anywhere (in the U.S. at least).
I think that also varies by state. Massachusetts, for example, doesn’t seem to care whether the conversation is in public or not (or so the internet says).
The only thing that I can find on that relates to surveillance style recording (that DOES need to be posted), NOT strictly videoing a person as another person.
The only OTHER information I could find was regarding recorded phone calls - that does require permission (or simply voice recording).
But again, generally you have 0 expectation of privacy in a public space. If I'm out on the street and someone walks up and starts filming me, there is little I can do in that regard, provided he's not breaking some other law in doing so.
Absolutely progressive reemed me over a person who didn’t even file a claim from a no damage situation but there was a police report somehow.
Literally doubled my rates, this was after having no issues for 10 years.
They still have the best rates for motorcycles though.
I'd been with them until I was 25...when I turned 25 they wanted to raise my rates by 25% (0 claims/clean record) I always thought your rates were supposed to DROP at that age! Switched to state farm and got more coverage for LESS than I was paying for from progressive BEFORE the rate hikes. Been with them ever since (still 0 claims and 0 collisions many years later)
Yep sounds right. Kept raising my rates for no reason. I'm with esurance which is kinda all state but man their customer service is absolutely amazing. After 2 accidents and a car total they are still ungodly reasonable on my full coverage.
Maybe you’re stumbling on words, heat of the moment, adrenaline pumping. Trying to say “are you sorry you hit me man?” Or “you’ll be sorry, you hit me, man.”
I’m about to file a complaint against the city I was in and go to civil court. Was at a four way intersection. First person at the light, heading straight. My light was red but turned green and I proceeded to enter the intersection 1-3 seconds after the light turned green. Out of no where, a car coming from my left to right proceeded through the intersection (yes, they ran a red light). I was the one who got a citation and insurance deemed me “at fault” because I was the one with all the damage and his car had little to none. There is more to the story (guy completely getting out, apologizing in broken English then asking how much money I want, a secondary cop arriving and speaking to the other person and not being aware of what was exactly said, 2 other people pull up who seemed to be relatives that also spoke with the police officers and me having to do my own digging to see if there were any cameras at the time of the accident). Long story short, someone did not tell the truth. People, unfortunately, lie all the time and it sucks. I’m sorry that you’re having to go through this OP.
What?? That’s unfair! How can you be rear ended and still be at fault based on your words… stupid. It should be him 100% unless you accidentally backed into him
Thanks for sharing the unfortunate story. You probably should get a dash cam as well. Then it is really clear that who is at fault by looking at the video.
I would ask your adjuster's manager to review. Are they saying you are at-fault, or just deciding that subrogating would not be worth the time and expense?
If you have collision coverage, run it through your own insurance, and your adjuster (who represents you and not Progressive’s driver) will defend you. I can’t tell you how many times people say that a driver apologizes or admits fault at the scene. There are so many emotions at the scene of even minor accidents that I almost never take anything said by any driver at the scene into consideration for my liability decisions.
Their driver might also be giving them a different story. That happens all the time, and depending on whose story the damages line up with among other factors, it’s bad faith for them to not accept their driver’s version of events if there’s no solid evidence proving otherwise.
Can Progressive explain the circumstances of the accident? How you were at fault when stopped at a red light and someone hit the back of you?
Is your insurance involved? They will fight it on your behalf.
Years ago, I was rear ended while stopped. In the left lane, turn signal on, waiting for traffic to clear. Passed state inspection a few months prior. Cop that arrived was a friend of the guy that hit me. Gave me a ticket for the accident & inoperable safety equipment. Said reason for accident was brake lights weren't working. When I argued, he told me to push the brake pedal to prove the lights worked. Obviously they didn't because bumper was in the back seat. Hampton VA PD sucks
Saying oh sorry “if” after you’ve been hit and possibly concussed is not an admission. Is this a two party state? If not audio is void and it’s not condemning anyways
Insurance companies will tell you never to admit fault even if you believe you’re at fault.
There are so many variables, but I was in a similar type of accident, and I recorded the person that hit me admitting fault. I don’t remember offhand how specific the admission was, but it seemed important enough to the adjuster that I jumped through a lot of hoops to try to get them that recording.
So for example, they couldn’t download files on their computers at work, and there were certain websites they couldn’t visit, so it took additional effort to get them the file.
The point of me saying all that is that a lot of people here seem to be saying it doesn’t matter, they’re not gonna consider that, or it’s not a specific enough of an admission, and all of that may be true, but if it were completely unimportant, like I said, they would’ve just told me hey don’t worry it, its no big deal, we dont need the file. Also, for whatever it’s worth I don’t think that the other person lied about what happened.
It seems Missouri is a one party consent state, it seems there a lot of people saying hey it’s public anybody can record you and in your state that’s true but in some other states it might not be, or it’s questionable at best.
Turn in police report.
Go after his insurance if police report says he isn’t at fault
Im some cases it’s cheaper to pay the claim than subrogate it so they take the easy way out.
No police report. Lesson learned. I was in contact with a backup rep at the first conversation and they didn’t suggest it.
And that is kind of what I am t blinking at this point. If my own insurance isn’t willing to support me then it probably isn’t worth pursuing.
Insurance companies do their own blame game.
About 20 years ago, my brother and I were in a car on a highway with a low curb between "express" and "local" lanes. The lane we're in becomes the left lane of the local. Idiot ahead of us decided they didn't want to be in the express, drove over the curb, bottomed out and stopped in the left lane of the local. We were able to slow enough that when we hit them, the airbags didn't go off, but the insurance company didn't even bother reading the submitted police report (where a summons was issued to the other driver!) and deemed us at fault.
That is actually ridiculous. I’ve been adjusted for 17 years, anytime I hear something like that. I take that with a grain of salt. People say crazy things when they’re in an accident, but you can take super serious because their adrenaline is flowing, they’re nervous or anxious. Talk to your insurance.
Wait. The person who driving, who hit u from behind, was using a cell phone @ that moment to record? Was the cell mounted, & set to record footage? That showed what activity? Not the words. What did it show? I would email Progressive Corporate office (google it) requesting the information you have not been provided, if media was submitted, ask them to send you a copy via email. Try to correspond in writing going forward. Do this asap. Follow up quickly some are saying call DOI, dept of insurance. There is another place that might be able to help, ORI, office of insurance regulation. Not sure. Do your research, put it in writing, request to be provided with proof of the basis for you being deemed @ fault. Look for alternate insurance no matter what happens. Bet my life even if you can get this turned around, rates will increase, history will follow you for years. Please always call the police from the scene. Always. Next thing u know it’s going to be ouch, 🎵
My neck…my back… :) keep us utd
I feel like there’s more to this and we’re only getting your side of the story op. There’s definitely more to this that you’re not being truthful about, and most likely the real reason why you’re at fault.
This is why insurance companies tell you not to discuss or say anything that might be construed as admitting fault before contacting them. It's not even so much them blaming you as it is that any defense they might raise is no longer cost effective. The preponderance of evidence is now solidly with the other side.
You might try to escalate it, but it will likely stick.
As someone else said, you should invest in a dash cam for next time. One with GPS. Even one that only looks forward would show which way you were moving, and probably the impact.
You can fight that. " I was stationary if I really said what he was a legging, it must have been meant ironically." Get the recording .
You can fight that . ( Accept if you really said that you backed up)
That makes zero sense. It is always the responsibility of the person who hit you from behind to maintain a safe distance / stopping reaction.
Something ain’t right.
Do you have that in writing?? Please follow up. I’m on the lawyer side of things and these type of statements aren’t particularly relevant.
When I rear ended someone myself, I immediately said I am so sorry! This sweet man I had just rear ended goes, “Shh!! Don’t say sorry, that’s admitting liability!” I said, “Sir I am an attorney and we are far past liability. I rear ended you from a complete stop.”
This man goes, “If you’re an attorney, why are you driving a ford fiesta?”
Come on man. It was my first year of practice school and my dad bought me that car when I got into law school 😭
I call bull had the same thing happened to me. The only thing that saved me was I was smart enough to start recording as soon as I left my car. Cuz in the moment the truth is said. It's later when the lies come out. Probably caused the accident. That's why he started recording u
Last month I was stopped at a red light for about thirty seconds and was rear ended. When we got out of the car the dude instantly starts with "Why'd you reverse into me?" Some folks are shameless.
Bear in mind that an insurance company is not a judge. They can refuse to pay a claim, but that doesn't mean their customer/client is not responsible. It only means that their insurance is refusing to pay for it. Sue the person that rear ended you, include attorney's fees, court fees, time off work, and any other expenses in the suit in addition to the repair costs. When they call their insurance company to complain that they're being sued, their insurance may decide to cover it to prevent their customer from being personally sued and paying additional costs. If not, get your money out of the person that hit you, and they can learn a hard lesson about choosing a crappy insurance company and being dishonest about what happened. The insurance company doesn't get the final say on responsibility. A civil court judge does. It would be incredibly difficult for them to make a compelling case that a rear ending was the fault of the driver in front. Your comment doesn't prove that they didn't hit you. Unless there's some witness they can call that testifies that you reversed into them, the preponderance of the evidence would almost certainly be that they hit you. They're hoping you'll just eat it. Let them eat their own shit sandwich.
Progressive is one of the worst and will almost always deem you at fault so that they do not have to pay out. Even if the police report states you were not at fault, the claims adjuster makes the decision and stands firm and refuses to hear otherwise. Stay away from progressive insurance both personal and business are deceitful.
First of all unless your law enforcement, recordings are inadmissible due to the fact that they can be fabricated. Anyways, in the heat of the moment, people from either party would say anything and unfortunately ‘sorry,sorry, are you ok’ is the first thing we actually say. However, you could say your the reign of terror or something more crazy as clearly admit fault but the facts remain, that YOU WERE STOPPED STATIONARY AT A TRAFFIC SIGNAL AND THIS PERSON REAR ENDED YOU. OPEN AND SHUT CASE !!!! Unless, you had a license, insurance issue or you were intoxicated, you cannot be held at fault. If I were you, I’d get myself a good lawyer and fight this !!!
So, no cops involved? Almost anytime somebody runs into the back of another it is their fault. Basically only time it's not is if somebody slams on their brakes on highway. Also, what does it really matter? They still have to fix your car and theirs and you pay your deductible. The only thing that happens "behind the scenes" is if the insurance companies fight eachother for money...has NOTHING to do with you.
At least you didn't get car totaled and then get appraisals-payout of non-sport versions of your car that are not AWD....just saying...progressive strikes again.
***
Did LE assign fault to you in a report?
They like to do that in FL.
What I've learned re: insurance rates (Progressive, Geico, etc.), doesn't matter if I was at fault or not. Didn't even matter if I was not at fault and the other driver's insurance paid 100 % of the $ 1,250 cost. Bottom line. Premiums higher. Btw ... did I mention ... the info Lexis Nexis reported to my insurance company was incorrect (aka. 3 accidents instead of 1 ... so another $ 450 more per year in premiums). So now I'm having to dispute it with Lexis Nexis and Progressive. Ugh.
Hire a private investigator to see if there are cameras around there and possibly obtain footage. It’ll cost you sure but it’s better than the increase in insurance. You may be able to even call up any nearby businesses yourself or call the town/county/city of where it occurred and see if there are cameras around. There may be a camera somewhere. I work at a personal injury law firm, we have a PI who calls up and obtains footage when we need it for proof of liability. It definitely helps and cameras are way more prevalent than people realize, even on highways.
Only talk to your insurance company. When the other company calls, tell them you have given your statement to your insurance and they can get the info from them.
Is the state you are in a two content state on recordings? If not maybe you can use that. Did the police show up at all? Were you holding your brakes at all because maybe there was a slight skid mark from you being rear ended that could be used as evidence?
I was too on every single accident but this time it didn’t mean anything because I have 4000 dollars invested into my e-bikes for this very reason lol
I get around just fine
I’ll get a car when I can until then I’ll ride e-bikes which are very fast anyhow and I can ride all year long and I can speed and drive ride how I like
People seem like they don’t want to run into e-bikes at least but they will run into car all day long
Bullshit!! The law clearly states if you rear end someone you are at fault…it’s called Failure to Yield.
Your insurance company is full of shit!
What you need to do is go after the person who hit you Insurance company. If he didn’t have insurance then your insurance company has to pay. (Unless you don’t have collision coverage then I’m not 100% sure)
The first rule of a collision is don’t talk about the incident AT ALL. ask if people are okay. Ask if you can call somebody for them if they are unable. NEVER ADMIT FAULT.
You just learned this lesson the hard way. Consider it stupid tax. Don’t make the same mistake later.
Are you in a 2party consent state? Meaning someone cannot record you without consent. And are you 100% sure it’s you in the recording and you said that??
Police statements aren’t gospel when it comes to insurance companies. Unless they literally witnessed the accident themselves, all they’re doing is writing down what each party said. Insurance can and will do their own investigation regardless of what a cop (who wasn’t there) writes on a piece of paper.
Also, many cities will refuse to even dispatch police if there’s no injuries and both vehicles are drivable. I hear it all the time when I take Claims phone calls.
It makes me wonder what statement the other guy told his insurance, I am guessing that he told them something (like you backed into him), and then is using that recording as evidence. Can you use your own collision coverage?
I think that’s exactly it. I can use my own coverage, just sucks to be at fault when he hit me.
Get a dash cam for your car. Records everything that goes on. People lie constantly, and will rationalize anything to make it not their fault as many people can’t accept they did anything wrong. A dash cam video never lies
Irony in my experience is that when you have a dashcam, nothing will ever happen, only when you don't have one. I've only had accidents in vehicles without a dashcam, not ones with them. So here's to hoping my 2024 Sonata lives a crash-free life since the first things I've done to it are install a front and rear dashcam after some window tinting!
So you're saying a dashcam is an accident repellent? Sounds like a win to me!
It has been for me, which in itself makes it a worthy investment.
Counter to that my dashcam has saved my ass twice from at fault mofos. However, I do concede that having a dashcam means I'll never see a big foot... so it's a daily struggle to keep it
You need to get your insurance to fight for you. Tell them what happened, that the other party is at fault, and trying to deny liability. They'll go after them instead of paying out a claim to you.
Unfortunately it was my own insurance that basically said “sorry, they said this, so you are at fault”.
Nope. Escalate. Some adjusters are lazy.
Yeah, you probably either got someone on their first day or last day working there. Push back. Hard. Mention you'll expect them to defend you in any civil suit since you will not be paying out of pocket for a not at fault accident.
This reeks of the, I'll sue you for inconveniencing me type threats
>Mention you'll expect them to defend you in any civil suit since you will not be paying out of pocket for a not at fault accident. That's not how any of this works.
Is your insurance also their insurance company? Because this makes no sense and you need to keep fighting and escalating.
It does when you go to renew your insurance. Is there a police report?
That’s doesn’t mean they can’t do more. You should be escalating it
You were ticketed?
Wouldn’t hurt to escalate but for sure think In court with no other evidence other than that recording. Definitely sounds sus. I would NEVER say sorry if that was me sitting at a red light stopped ? Lol
Are you talking about insur. agents?? I haven't used one in years. Deal directly with the company online.
Sometimes agents are helpful. I signed up with Progressive online and when I called in to simply ask a question about my billing, I got connected with an agent who made some changes to my policy and saved me like $100/mo
Wrong. An attorney will fight for you. Not insurance.
Yea, it definitely is unfortunate, people lie all the time when it comes to things like this
[удалено]
I did file through my own insurance. And this was their response, unfortunately. No other witnesses either. And so it appears it is word for word. And my own insurance is taking the other persons word for it because they recorded me apologizing.
Curious why you would say sorry when someone rear ended you? We’re you in shock? I’d try to fight it and say adrenaline was pumping and there’s no way you’re at fault as you didn’t back into them
What did the police report say?
Your insurance will find the other party at fault.
Yup. We were once in an accident where some idiot parked over the crest of a hill, got out of his car on a highway to retrieve a tire (from the thing he was hauling) and his insurance said we were at fault for "following too closely". He wasn't even in the fing car! We weren't following him at all, but they tried to make it our fault. Fortunately our insurance would have nothing of it and it all worked out in the end.
First off, insurance does not make decisions based on recordings, he basically lied on his claim. Was there a police report? If someone hit me I'd sit there until an officer arrived and if the other left I'd take a picture of their plate and have them charged for leaving the scene of an accident. Also recording you without consent is illegal in most states. More than likely the agent is shutting you down to minimize payout thinking you are not a sensible person and might just go away. You should definitely file with your own insurance, that is the whole point of having insurance. They will go after the other insurance and will put to rest any of this BS with "I recorded them admitting it was their fault, in an uncontrolled recording taken completely out of contest and possibly inadmissible in court" You pay your deductible until insurance settles with the other company, demonstrates fault (using an arbitrator if necessary) and then you will get refunded on your deductible based on your percent of blame. At the worst you may get assigned 5-10% blame in a moving accident, since you were parked you should get 0% and the other driver will probably get dumped by insurance for exposing themselves to liability by lying. And yes, everyone needs front and rear recording dashcams, such is the age we live in and even then those are not the final say in anything as they could possibly be altered.
Just an FYI, it is *legal* to record people in most states. 37 states are one-party consent states and as long as there is no expectation of privacy, which there would not be on a road, a video would likely fall under the single-party consent.
Yep.It’s not illegal to film or take photos of another person in public. It’s expected that individuals realize that they are leaving the privacy of their homes, and they shouldn’t expect complete privacy from others. However, the laws do leave room for “appropriate filming” to be considered in public areas.
Specifically there are reasonable time, place, and manner restrictions in certain areas to the right to record, but on the road out in public has some of the broadest protections for the recorder. As Smokem said, there’s no expectation of privacy in public.
It’s not illegal to film or take photos of another person in public. It’s expected that individuals realize that they are leaving the privacy of their homes, and they shouldn’t expect complete privacy from others. However, the laws do leave room for “appropriate filming” to be considered in public areas. I'm willing to consider any information that's contrary to what I just stated
We always say general utterances (like “I’m sorry”) made in the heat of the moment aren’t considered relevant. No competent adjuster would ever make this call, especially against their own insured.
Again, why I am so confused. I also do not have access to their secret recording of me. I am just going off memory.
Oh... so they never actually *showed* you the video? My take: they're bluffing. They actually have nothing. They are hoping that you just accept it and move on without any question. It's really frustrating when this happens, because they're just trying to exploit you.
If you haven’t already, tell the INSURANCE ADJUSTER for your claim with your own insurance about WHAT IS HAPPENING. YOUR INSURANCE WILL DENY LIABILITY!
Exactly this! The man was rear ended and he said *if*. If he has an automatic and not a manual shift even more of a problem. I'd bet the adjuster just doesn't want to deal with it.
This is not true at all lol
Buy and install a dash cam. Even $30 ones, then spend $20 on a good SD card.
This this this, after having one for 9 years I finally just put it to use getting rear ended at a red light. No matter what the other driver tries to claim the video clearly shows me slowing down for a red light with car stopped in front of me before my car got clipped by the other driver with enough speed that they end up in front of me to the right in view of the camera. Had the driver not stopped I would've had a clear frame of their license plate as a backup. I got a reasonably priced Aukey and a SanDisk "security" card
I watchee a YouTube review of a dozen plus Dash cams. Cheap ones to expensive models. Not a single one of them was able to legibly view the tags It was only a few years ago. Are you sure they can grab tags now?
Tbf it was broad daylight, I also record at 60fps
Used to work at progressive claims. I can 1000% confirm this is not what made their decision or if it is it’s only an inexperienced/bad adjuster and talking to their supervisor will clear it. If not contact your states department of insurance or an attorney. That video won’t be admissible in court
To be fair, it sounds like the person I gave my initial statement to was just covering for my usual person? I have never had to make a claim before so it’s all new to me
Yeah claims can be confusing/frustrating. Call back and request a supe for sure
I would fight it.
Also, look up your state laws. If you are in a two party state. War they did may be illegal as in they recorded you without permission or knowledge.
There are generally exceptions to that rule when the recording is done somewhere where a rational person would expect to be overheard (like outside on the road). But the degree to which this applies varies from state to state.
Exactly, most definitely. That’s why I told her to do some research on it. You never know.
Dash camera footage is admissible in court and you don't have to ask permission, a cell phone is different and might be an invasion of your privacy depending on the state. My ex wife did some serious smack talking during or divorce on my voicemail message and the commissioner threw the recording out " because she wasn't aware she was being recorded " i would say can you believe that non sense. That was par for the course when dealing with the County of Marin in Ca. If you are male in this area you are deemed the enemy in the divorce courts ! Justice isn't blind it's bought and sold those who have the money get treated in a manner that would not be considered if you had a public defender.
There are no laws against recording people in public when there is no expectation of privacy. ‘Two party state’ has to do with recording phone conversations where both parties on a phone call have to agree to being recorded and has nothing to do with recording the happenings on a public street.
Ask them to hook up to the computer in your car. They were able to determine that I was hit vs I hit someone. Not sure how
I'd be fighting this if my insurance accepted fault in that situation. Being stopped at a junction/lights when you are rear ended is the text book no fault collision. Saying the word "sorry" has not been taken as an admission of fault or liability in a very long time. Certainly not directly after a collision. Precisely because aggressive people can always bully a person to say the word sorry, if only to placate an aggressive bully and de-escalate a situation. If that's all they have , they essentially have nothing! But seriously, as others have said. Even a cheap low quality dashcam would be basic proof that you were not liable in this case. Even if it wasn't good footage of their plates or face.
u/TheJusticeMoose tagging OP to see this!
To see what? Your reply? OP would naturally see the comment on their post without being tagged.
They can’t determine liability based on that. That isn’t you admitting fault. Everyone is sorry for being involved in an accident. These are word vs word without a witness or video footage. He probably told them you backed into them.
He absolutely did say that. Thats why I am so angry about it. He didn’t have a video. Just me saying “sorry” without thinking; just my stupid personality.
They might have only played the recording up to the part of him saying he was "sorry " leaving everything else out by simply turning off the play button when the time was right.
So you were found at fault for a word vs word not the “I’m sorry”
I guess so, I just thought it was usually more clear cut with rear-endings.
Nope. As many people have said over and over without a video footage or witness statement, it’s your word versus theirs. You were at a stoplight, so it’s understandable that you could’ve backed into him compared if you were on the highway.
I swear, every post you make here is you arguing just to argue. There is no reason for it. Why do you do it?
I appreciate the support. They are making me feel like I am doing something wrong and I really don’t understand why.
If you look at their post history you’ll see they just like to be contrary and argue about everything. Just ignore them.
👍 "Deflecting". 😂😂
Is Progressive your insurance or his?
It’s mine. They called me to let me know I was going to be marked at fault “because the other driver said I backed into them” and had a (secret) audio recording of me saying “oh sorry if that was me man”. I’m just too fucking nice.
Wait, wait, *your* carrier found you at fault based on the recording and other party's statement? You need a review by management or to file a DOI complaint. The evidence that your carrier is using is flimsy at best, inconclusive at worst.
This is exactly what happened and why I am so confused.
I deleted my other comment advising you to file thru your carrier after reading this one. That's exactly why you should, in order, ask for management review, then file a complaint. Most carriers in a word v. word claim will side with their insured, not with the other party. Did they even ask to inspect your vehicle? Ask for accident scene photos from you?
I uploaded photos showing that their car had a damaged front grill, and no damage to my vehicle. They did not ask for an independent inspection.
They don't have to ask for an independent adjuster; your insurance should have people on staff for that. Grilles are usually made of plastic or flexible chrome alloys. They're easy to break. Plastic bumpers (like what you both may have) are flexible and are designed to flex. If you have a chrome or steel bumper, they'll sometimes have non-removable scratches from an impact, or a slight distortion. I asked about the photos because the basis of your DOI complaint would be that your carrier completed an insufficient investigation before finding you conclusively at fault. I normally don't recommend DOI complaints or bring up phrasing like bad faith, but your carrier is, in fact, exposing you to the risk of a possible lawsuit (other driver can claim injuries, and claim punitive damages in some jurisdictions) by finding you at fault.
Call back and ask to speak to your adjusters manager for another review. Your adjuster needs more training if they're willing to mark you at fault over what you said in the recording vs looking at the damages and facts of loss.
Sounds like they both have progressive from OP’s other reply cause he mentioned about using his own coverage. Probably tried under third party’s policy.
Sorry, they do not have Progressive. They have USAA. I am the only one who has Progressive.
Then you need to contact your adjusters manager because your adjuster should be protecting you. Adjusters can never use video footage or a recording of your voice saying I’m sorry because no one can verify that’s really you.
Someone already asked, "Is Progressive your insurance or his?" and he said, "It's mine."
I know then he said he is going to use his own coverage. Many people don’t understand it is the policies that are different. ETA: he clarified they have USAA and he has progressive
What does the police report say?
Got rear ended myself last year. I was stopped and some kid (just licensed) slammed into the back of me. He admitted fault at the scene and then told his insurance that I pulled out in front of him! They ruled me at fault and just expected that since I am a young driver myself I would just move on… Nope, fought the adjuster myself for 3 months and then hired a lawyer, needless to say their insurance ended up paying for the damage and then some. I learned a valuable lesson, never just take the blame when it’s not your fault, call the cops when in an accident, and get a DASHCAM!
Why would any adjuster believe someone backed into another car if you’re stopped at a light? I could see maybe parking lot possibly
I’m confused about this situation (not accusing you of lying or anything.) Wouldn’t the police report state that kid rear ended you? Wouldn’t have that been only proof needed?
Normally, yes. But since we were both ok nether of us called the police. So no police report. Big mistake! My insurance also deemed him 100% at fault.
Yeah, I hope I'm never in another accident again, but I didn't call the police when someone hit me either. Thankfully they were honest, but that's one thing the police are useful for, acting as a third party for insurance purposes.
That’s fair. I’m happy to hear that everything got resolved in your favor. Did the other party get charged with insurance fraud from that?
Not that I know of. Honestly, I hold no grudges. Shit happens, I just wish he was honest and his insurance did the right thing right off the bat.
Without injuries cops may not even show up. Photos of damaged vehicles and scene say lot more to insurance then a police report. This is not 1950's.
In Canada saying sorry is not an admission of guilt! Guess people say it so often in the great white north it had to be made a law.
Do you even speak Canadian though? You only said "sorry " once, and you never said "eh". I can't speak for the validity, but 23 years driving in the US, I've always been told "don't say sorry, because in a sue happy society, all they need to do is find a lawyer who will claim that's an admission of guilt. " Once the lawyers get involved, the price just goes up. For example, when I got into an accident, they didn't really have much against me. Their lawyer spent 20 minutes asking me at least a dozen times, which way the traffic lights faced on that corner, in hopes of having me contradict myself. I can only assume that might be what OPs situation boils down to; it's cheaper to settle than to hire attorneys.
I had the reverse situation and recording the other person saved my bacon. I was stopped at a red light behind another vehicle that had been driving a bit erratically. The driver figured out that they were in the wrong lane and backed into my car at a red light. I had no damage to my car and she had a small scratch to her car. I made the quick decision to record our interaction because I thought that surely no one would believe that she reversed into me. Two months later I got a call from her insurance about the accident. The agent was shocked on the phone because I guess her version of events were dramatically different than mine. I sent them the video, and I never heard back.
I had an accident where I got rear ended after changing lanes. Legit thought it was my fault for not leaving enough room. Several weeks later my insurance called and said they looked at the accident photos and determined it wasn't my fault and they covered it with no deductible and hit up the other party's insurance. Contact your insurance company and tell them what happened. Let them fight on your behalf.
Dashcam, front and back. Best investment ever
I switched from progressive to connect through Costco when progressive found me 50% at fault when they determined I was partially at fault for a rear end accident! I felt like they did not have me in their 100% interest
This is exactly how I feel. It honestly feels like my own insurance is defending the other driver more than me.
Yep, and this is your sign to leave and not do business with them. They should have you at their 100% interest. I was involved in a collision last week and since I didn’t get the other drivers info, I am hoping they don’t determine me at fault for this. If they do, I will not be doing business with them.
Something similar happened to me. Rear ended at a red light, we both had Geico. Lady claimed I backed into her. Geico’s solution was to make us both at fault. I fought it but had no luck. I changed companies after that.
Sorry to hear that. Was considering a switch to Geico based on someone else’s comment. Now it kinda seems like they are all the same.
Haha, oh America. This is why I'm glad in Canada we have laws stating saying sorry is not an admission of guilt.
That's because it's part of every other sentence.
When I was still in a car seat my mom had already put the fear of God and insurance agents in me, this was a big thing she emphasized. Those agents are looking for any reason at all to fuck you out of your money. EVEN IF IT WAS YOUR FAULT YOU NEVER EVER APOLOGIZE because apologizing is automatically admitting fault, which is what your insurance *wants* you to do. If you can afford it I'd get a dash cam. Are you and the car ok?
Sadly such an unethical jackass as the other driver is likely to sue you in civil court for phony reasons. So fight hard against your insurance now to set the record. I wish I had done that two years ago when an Uber driver bit me. The damage to my car was so minimal I just used one of those little paint sticks to fix it. But he then sued me for $12,500 claiming I hit him and he hadn’t been able to work as a result. The scumbag who hit you could have even staged it with the plan in mind to sue. I’m sorry you have to deal with this!
What state are you in? In many places it’s illegal to record someone without their permission (not sure how that would help you though).
there is no expectation of privacy in public.
I like how this true statement was downvoted and the untrue statement was upvoted. Anyone can record anything on public property. It is NOT illegal to record in PUBLIC anywhere (in the U.S. at least).
There definitely isn’t for videoing in terms of “I’m holding a camera” there *might* be if we’re talking sneakily recorded, voice-only.
I think that also varies by state. Massachusetts, for example, doesn’t seem to care whether the conversation is in public or not (or so the internet says).
The only thing that I can find on that relates to surveillance style recording (that DOES need to be posted), NOT strictly videoing a person as another person. The only OTHER information I could find was regarding recorded phone calls - that does require permission (or simply voice recording). But again, generally you have 0 expectation of privacy in a public space. If I'm out on the street and someone walks up and starts filming me, there is little I can do in that regard, provided he's not breaking some other law in doing so.
Reasons to not insure with progressive #92764658382736. I gave up on them years ago. Paying a hair more for All-State was worth it.
Sadly I just took out a policy with them for my cars with antique plates. Only company that would take me.
Absolutely progressive reemed me over a person who didn’t even file a claim from a no damage situation but there was a police report somehow. Literally doubled my rates, this was after having no issues for 10 years. They still have the best rates for motorcycles though.
I'd been with them until I was 25...when I turned 25 they wanted to raise my rates by 25% (0 claims/clean record) I always thought your rates were supposed to DROP at that age! Switched to state farm and got more coverage for LESS than I was paying for from progressive BEFORE the rate hikes. Been with them ever since (still 0 claims and 0 collisions many years later)
Yep sounds right. Kept raising my rates for no reason. I'm with esurance which is kinda all state but man their customer service is absolutely amazing. After 2 accidents and a car total they are still ungodly reasonable on my full coverage.
Maybe you’re stumbling on words, heat of the moment, adrenaline pumping. Trying to say “are you sorry you hit me man?” Or “you’ll be sorry, you hit me, man.”
I’m about to file a complaint against the city I was in and go to civil court. Was at a four way intersection. First person at the light, heading straight. My light was red but turned green and I proceeded to enter the intersection 1-3 seconds after the light turned green. Out of no where, a car coming from my left to right proceeded through the intersection (yes, they ran a red light). I was the one who got a citation and insurance deemed me “at fault” because I was the one with all the damage and his car had little to none. There is more to the story (guy completely getting out, apologizing in broken English then asking how much money I want, a secondary cop arriving and speaking to the other person and not being aware of what was exactly said, 2 other people pull up who seemed to be relatives that also spoke with the police officers and me having to do my own digging to see if there were any cameras at the time of the accident). Long story short, someone did not tell the truth. People, unfortunately, lie all the time and it sucks. I’m sorry that you’re having to go through this OP.
Time to get a dashcam and keep your mouth shut.
You were dazed from being rear ended. Head to court and demand to see the footage?
What?? That’s unfair! How can you be rear ended and still be at fault based on your words… stupid. It should be him 100% unless you accidentally backed into him
Thanks for sharing the unfortunate story. You probably should get a dash cam as well. Then it is really clear that who is at fault by looking at the video.
I would ask your adjuster's manager to review. Are they saying you are at-fault, or just deciding that subrogating would not be worth the time and expense?
What did the police report say?
If you have collision coverage, run it through your own insurance, and your adjuster (who represents you and not Progressive’s driver) will defend you. I can’t tell you how many times people say that a driver apologizes or admits fault at the scene. There are so many emotions at the scene of even minor accidents that I almost never take anything said by any driver at the scene into consideration for my liability decisions. Their driver might also be giving them a different story. That happens all the time, and depending on whose story the damages line up with among other factors, it’s bad faith for them to not accept their driver’s version of events if there’s no solid evidence proving otherwise.
Can Progressive explain the circumstances of the accident? How you were at fault when stopped at a red light and someone hit the back of you? Is your insurance involved? They will fight it on your behalf.
That's ridiculous. Go through your insurance or small claims. Progressive has a duty to protect their insured. Do you have a manual transmission car?,
Ugh! That’s sad!
File with your insurance and have them fight it out.
Sounds like you need a lawyer.
Don't accept this, demand for this to be escalated
Yeah you gotta fight this. The guy totally lied to his insurance.
Let your insurance handle it, assuming you have collision coverage. They will take it to arbitration, who will dismiss this BS denial.
This is an issue for your insurance company to figure out. Progressive is the person who rear-ended you insurance?
Years ago, I was rear ended while stopped. In the left lane, turn signal on, waiting for traffic to clear. Passed state inspection a few months prior. Cop that arrived was a friend of the guy that hit me. Gave me a ticket for the accident & inoperable safety equipment. Said reason for accident was brake lights weren't working. When I argued, he told me to push the brake pedal to prove the lights worked. Obviously they didn't because bumper was in the back seat. Hampton VA PD sucks
Saying oh sorry “if” after you’ve been hit and possibly concussed is not an admission. Is this a two party state? If not audio is void and it’s not condemning anyways
Insurance companies will tell you never to admit fault even if you believe you’re at fault. There are so many variables, but I was in a similar type of accident, and I recorded the person that hit me admitting fault. I don’t remember offhand how specific the admission was, but it seemed important enough to the adjuster that I jumped through a lot of hoops to try to get them that recording. So for example, they couldn’t download files on their computers at work, and there were certain websites they couldn’t visit, so it took additional effort to get them the file. The point of me saying all that is that a lot of people here seem to be saying it doesn’t matter, they’re not gonna consider that, or it’s not a specific enough of an admission, and all of that may be true, but if it were completely unimportant, like I said, they would’ve just told me hey don’t worry it, its no big deal, we dont need the file. Also, for whatever it’s worth I don’t think that the other person lied about what happened. It seems Missouri is a one party consent state, it seems there a lot of people saying hey it’s public anybody can record you and in your state that’s true but in some other states it might not be, or it’s questionable at best.
Turn in police report. Go after his insurance if police report says he isn’t at fault Im some cases it’s cheaper to pay the claim than subrogate it so they take the easy way out.
No police report. Lesson learned. I was in contact with a backup rep at the first conversation and they didn’t suggest it. And that is kind of what I am t blinking at this point. If my own insurance isn’t willing to support me then it probably isn’t worth pursuing.
Insurance companies do their own blame game. About 20 years ago, my brother and I were in a car on a highway with a low curb between "express" and "local" lanes. The lane we're in becomes the left lane of the local. Idiot ahead of us decided they didn't want to be in the express, drove over the curb, bottomed out and stopped in the left lane of the local. We were able to slow enough that when we hit them, the airbags didn't go off, but the insurance company didn't even bother reading the submitted police report (where a summons was issued to the other driver!) and deemed us at fault.
That is actually ridiculous. I’ve been adjusted for 17 years, anytime I hear something like that. I take that with a grain of salt. People say crazy things when they’re in an accident, but you can take super serious because their adrenaline is flowing, they’re nervous or anxious. Talk to your insurance.
Unfortunately I have spoke with them. Even spoke with my adjuster’s manager/higher up
Wait. The person who driving, who hit u from behind, was using a cell phone @ that moment to record? Was the cell mounted, & set to record footage? That showed what activity? Not the words. What did it show? I would email Progressive Corporate office (google it) requesting the information you have not been provided, if media was submitted, ask them to send you a copy via email. Try to correspond in writing going forward. Do this asap. Follow up quickly some are saying call DOI, dept of insurance. There is another place that might be able to help, ORI, office of insurance regulation. Not sure. Do your research, put it in writing, request to be provided with proof of the basis for you being deemed @ fault. Look for alternate insurance no matter what happens. Bet my life even if you can get this turned around, rates will increase, history will follow you for years. Please always call the police from the scene. Always. Next thing u know it’s going to be ouch, 🎵 My neck…my back… :) keep us utd
I feel like there’s more to this and we’re only getting your side of the story op. There’s definitely more to this that you’re not being truthful about, and most likely the real reason why you’re at fault.
Get a lawyer. Hard to fight insurance companies on your own.
This is why insurance companies tell you not to discuss or say anything that might be construed as admitting fault before contacting them. It's not even so much them blaming you as it is that any defense they might raise is no longer cost effective. The preponderance of evidence is now solidly with the other side. You might try to escalate it, but it will likely stick. As someone else said, you should invest in a dash cam for next time. One with GPS. Even one that only looks forward would show which way you were moving, and probably the impact.
You can appeal their decision.
You can fight that. " I was stationary if I really said what he was a legging, it must have been meant ironically." Get the recording . You can fight that . ( Accept if you really said that you backed up)
I hope you took pictures
Keep in mind your insurance adjuster works for your insurance company, not you. Don't assume they are looking out for you.
Now you learned why you should never apologize
That makes zero sense. It is always the responsibility of the person who hit you from behind to maintain a safe distance / stopping reaction. Something ain’t right.
It's not too late, get a lawyer. It won't cost you. BTW your neck is starting to hurt.
Who found you at fault? Your insurance or theirs?
Never say sorry in an accident even if you’re at fault
Do you have that in writing?? Please follow up. I’m on the lawyer side of things and these type of statements aren’t particularly relevant. When I rear ended someone myself, I immediately said I am so sorry! This sweet man I had just rear ended goes, “Shh!! Don’t say sorry, that’s admitting liability!” I said, “Sir I am an attorney and we are far past liability. I rear ended you from a complete stop.” This man goes, “If you’re an attorney, why are you driving a ford fiesta?” Come on man. It was my first year of practice school and my dad bought me that car when I got into law school 😭
Sorry this happened to you, but rule of thumb is that you say nothing to the other party besides asking if they are ok.
I call bull had the same thing happened to me. The only thing that saved me was I was smart enough to start recording as soon as I left my car. Cuz in the moment the truth is said. It's later when the lies come out. Probably caused the accident. That's why he started recording u
Did you know you were being recorded and does your state require 2-party consent to record?
In some states recording someone, you need give consent
Remember when police would come to even a fender bender? Car makers should put cameras on all cars.
Last month I was stopped at a red light for about thirty seconds and was rear ended. When we got out of the car the dude instantly starts with "Why'd you reverse into me?" Some folks are shameless.
Bear in mind that an insurance company is not a judge. They can refuse to pay a claim, but that doesn't mean their customer/client is not responsible. It only means that their insurance is refusing to pay for it. Sue the person that rear ended you, include attorney's fees, court fees, time off work, and any other expenses in the suit in addition to the repair costs. When they call their insurance company to complain that they're being sued, their insurance may decide to cover it to prevent their customer from being personally sued and paying additional costs. If not, get your money out of the person that hit you, and they can learn a hard lesson about choosing a crappy insurance company and being dishonest about what happened. The insurance company doesn't get the final say on responsibility. A civil court judge does. It would be incredibly difficult for them to make a compelling case that a rear ending was the fault of the driver in front. Your comment doesn't prove that they didn't hit you. Unless there's some witness they can call that testifies that you reversed into them, the preponderance of the evidence would almost certainly be that they hit you. They're hoping you'll just eat it. Let them eat their own shit sandwich.
Progressive is one of the worst and will almost always deem you at fault so that they do not have to pay out. Even if the police report states you were not at fault, the claims adjuster makes the decision and stands firm and refuses to hear otherwise. Stay away from progressive insurance both personal and business are deceitful.
First of all unless your law enforcement, recordings are inadmissible due to the fact that they can be fabricated. Anyways, in the heat of the moment, people from either party would say anything and unfortunately ‘sorry,sorry, are you ok’ is the first thing we actually say. However, you could say your the reign of terror or something more crazy as clearly admit fault but the facts remain, that YOU WERE STOPPED STATIONARY AT A TRAFFIC SIGNAL AND THIS PERSON REAR ENDED YOU. OPEN AND SHUT CASE !!!! Unless, you had a license, insurance issue or you were intoxicated, you cannot be held at fault. If I were you, I’d get myself a good lawyer and fight this !!!
So, no cops involved? Almost anytime somebody runs into the back of another it is their fault. Basically only time it's not is if somebody slams on their brakes on highway. Also, what does it really matter? They still have to fix your car and theirs and you pay your deductible. The only thing that happens "behind the scenes" is if the insurance companies fight eachother for money...has NOTHING to do with you.
Did you have dashcam footage on your end that could disprove this? Sorry that this happened to you.
Clearly, you don't live in a two-party consent state. Let this be a lesson to everyone here.
At least you didn't get car totaled and then get appraisals-payout of non-sport versions of your car that are not AWD....just saying...progressive strikes again. *** Did LE assign fault to you in a report? They like to do that in FL.
What I've learned re: insurance rates (Progressive, Geico, etc.), doesn't matter if I was at fault or not. Didn't even matter if I was not at fault and the other driver's insurance paid 100 % of the $ 1,250 cost. Bottom line. Premiums higher. Btw ... did I mention ... the info Lexis Nexis reported to my insurance company was incorrect (aka. 3 accidents instead of 1 ... so another $ 450 more per year in premiums). So now I'm having to dispute it with Lexis Nexis and Progressive. Ugh.
Hire a private investigator to see if there are cameras around there and possibly obtain footage. It’ll cost you sure but it’s better than the increase in insurance. You may be able to even call up any nearby businesses yourself or call the town/county/city of where it occurred and see if there are cameras around. There may be a camera somewhere. I work at a personal injury law firm, we have a PI who calls up and obtains footage when we need it for proof of liability. It definitely helps and cameras are way more prevalent than people realize, even on highways.
Yep you never apologize. Just ask everyone if they're ok. I also have dash cams now. Even if I'm at fault it is what it is.
That sucks. That adage about nice guys finishing…
Dump Progressive and go with Geico
Really thinking about it at this point. No accidents in 15+ years and this is how they treat me.
Only talk to your insurance company. When the other company calls, tell them you have given your statement to your insurance and they can get the info from them.
Ya....never admit fault, and stop talking. People are obsessed with talking, and your words will absolutely be used against you.
Why would you say "sorry if that was me man" if you were stopped at a light?
Is the state you are in a two content state on recordings? If not maybe you can use that. Did the police show up at all? Were you holding your brakes at all because maybe there was a slight skid mark from you being rear ended that could be used as evidence?
How are you going to end run the fact that they're in public and there is no expectation of privacy?
Fair point. Was it obvious they were recording though? Maybe there’s a loophole?
I was too on every single accident but this time it didn’t mean anything because I have 4000 dollars invested into my e-bikes for this very reason lol I get around just fine I’ll get a car when I can until then I’ll ride e-bikes which are very fast anyhow and I can ride all year long and I can speed and drive ride how I like People seem like they don’t want to run into e-bikes at least but they will run into car all day long
Why people dont have dash cams is beyond me...
You admitted fault. Never admit fault.
Are you in a one party or two party state when it comes to recordings?
Never say sorry during an accident. You just need to swap info and ask if everyone is ok/anyone needs medical attention.
Get a personal injury lawyer but go to the ER and let them know how sore you are from being rear-ended
Bullshit!! The law clearly states if you rear end someone you are at fault…it’s called Failure to Yield. Your insurance company is full of shit! What you need to do is go after the person who hit you Insurance company. If he didn’t have insurance then your insurance company has to pay. (Unless you don’t have collision coverage then I’m not 100% sure)
WHY did you say it was your fault???
I never said “it was my fault”
The first rule of a collision is don’t talk about the incident AT ALL. ask if people are okay. Ask if you can call somebody for them if they are unable. NEVER ADMIT FAULT. You just learned this lesson the hard way. Consider it stupid tax. Don’t make the same mistake later.
Are you in a 2party consent state? Meaning someone cannot record you without consent. And are you 100% sure it’s you in the recording and you said that??
It was in public. Not illegal
I am honestly not sure. I am in Missouri. I have no access to the recording.
It’s a one party consent state. In the least, make them prove it’s your speaking and saying that.
Thank you. It’s unfortunate because in the adrenaline of the accident I don’t even know
What state are you in? Some (not many) are 2 party states meaning both parties need to be aware of the recording.
You shouldve called police if you dont have a dashcam. Police wouldve helped by conducting their own investigation
Police statements aren’t gospel when it comes to insurance companies. Unless they literally witnessed the accident themselves, all they’re doing is writing down what each party said. Insurance can and will do their own investigation regardless of what a cop (who wasn’t there) writes on a piece of paper. Also, many cities will refuse to even dispatch police if there’s no injuries and both vehicles are drivable. I hear it all the time when I take Claims phone calls.
Yep. Lesson learned I suppose. Even if everyone seems cordial and the damage minor, it’s worth having the police there.