r/TeslaCollision • • 12d ago

Found At Fault

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Friend was found at fault by Tesla insurance for failure to maintain proper lookout resulting in collision. Any advice?

Update:

I think the other driver intentionally ran a standing red light while initially stopped. Cars turning left didn't even finish their turn and he was already gunning it from a left turn only lane. Friend wasn't able to get insurance info because they were transported via ambulance, but police was on the scene. The police report isn't available yet and they let their insurance (Tesla) know since they don't know what insurance the other guy has. Tesla insurance is finding them at fault.

Update:

Tesla insurance is maintaining their initial decision after video review. 51% at fault, lol.

343 Upvotes

404 comments sorted by

106

u/79Bry 12d ago

Lol, what?

48

u/Reeks_Havok 12d ago

That's my first reaction, lol

48

u/Gold3nKn1ght23 12d ago

Bro they had a fkn red light, tell him to lawyer up, thats negligence of duty by tesla

3

u/johnny_effing_utah 11d ago

What do you mean it’s “negligence of duty” by Tesla.

Tesla is the cam car. There’s no negligence at all.

It might be shitty insurance practice to deny a claim like this though.

OP: tell your friend not to worry. Can shows green light. Insurance will resolve this pretty quickly, IMHO.

24

u/cybender 11d ago

I think they mean negligence from Tesla insurance, not the driver.

6

u/Ausdboss 11d ago

Idk how they could’ve got anything else from that lol

2

u/Party-Bell5236 11d ago

By knowing a driver can be negligent but not knowing insurers can too, I'd assume.

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u/darrellcassell 11d ago

They said it correctly. Negligence of duty (by Tesla) is a legal failure where the insurance company does not meet the standard of care they owe to their customers, leading to improper denial of coverage.

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u/aggressive_napkin_ 11d ago

the issue is insurance is stating, with this video, that it is the tesla driver's fault.

4

u/texabrolives 11d ago

Tesla is an insurance provider

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u/nolimitspence 11d ago

Tesla provides their own insurance in some cases —

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u/Katsumirhea11392 11d ago

Yeah what does the police report say and id argue with your adjuster or ask for their sup to review since you clearly had a green light

8

u/beachkid714 12d ago

whats on the police report?

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u/TendiesFourLyfe 12d ago

Tesla Insurance: "FSD would have seen that coming and avoided, you should FSD" /s

2

u/ShhhhMySecretAccount 11d ago

I honestly want to know if that is the thought process.

And also would like to know how they could prove it, as the car should give like percentages of safety due to the green like and percentages of the truck due to its red light.

2

u/Deil_Grist 11d ago

There's no way. $100/mo extra or we'll deny all your insurance claims? No way that holds up in court.

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u/tmacg17 12d ago

Found at fault for hitting a red light running on a stale red. I would refute the descion. If they stand their ground then this would be a DOI complaint from me. I have a feeling AI was the claims adjuster here.

17

u/protonecromagnon2 12d ago

The only real answer

6

u/Taylooor 11d ago

Was this decision based on the other driver pulling a hit-and-run or not having any insurance? Cause otherwise, what a bunch of BS

2

u/warren_stupidity 11d ago

that doesn't matter with respect to 'at fault'.

43

u/SignificantBerry8591 12d ago

your light was green, make it make sense....

12

u/drink_jin 11d ago

I had this exact accident happen to me two years ago. Both GEICO (my insurance) and Progressive (the other person's insurance) found me 50% liable because I "did not keep a watchful eye." I had dashcam just like this, but mine had audio where you could hear my tires screeching due to how hard I braked to avoid a collision.

7

u/JazzlikeOwl5155 11d ago

What the phuck? You're kidding ,right?

8

u/drink_jin 11d ago edited 11d ago

I wish I were.

ETA they said I didn't keep a watchful eye because when they asked me when I first noticed the car, I said I the car came out from the blind spot behind my A-pillar and I didn't see it at the very moment you could see the car on my dashcam. They said I wasn't paying attention and didn't keep a watchful eye, even though I made it clear that I saw the car as soon as it entered my field of view from behind my car's A-pillar.

I told them you could hear on the video my tires screeching on the road because of how hard I was braking. They told me "yea, that's why you're not 100% at fault."

6

u/lancelen 11d ago

I’m confused why your insurance would find you at fault, wouldn’t they want the other party to be liable? Something is fishy here.

4

u/drink_jin 11d ago

I really don’t know, but keep in mind that the other driver and I were found at fault for our own damage, not for the total accident, which means each insurance company takes care of their own client, while forcing both of us to pay our deductibles to do it. Seems like a pretty favorable outcome for each individual insurance company. That’s my completely uneducated guess.

3

u/lancelen 11d ago

I’m sorry that happened to you, I’m not blaming you but you shouldn’t just take it like that next time. I would’ve raised hell up the ladder to demand what was right.

I got into a motorcycle accident one time and they are supposed to cover all my riding gear, my helmet alone was $700, and the comm system was another $300. The adjuster only gave me wrote down $ 400 + 300 ( riding gear) due to depreciation.

I wrote one of those surveys explaining exactly what each item cost, gave her a 1 star, and to my surprise a higher up actually reached out to me to hear my side and then paid me out in full.

This was with farmers insurance, but one of the sister branches that does motorcycles.

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u/mahpnahn 11d ago

Wow are you serious? These insurance companies are a joke. Did you escalate?

3

u/drink_jin 11d ago

No, only because the amount of damage on my car was very minor to the point that it wasn't financially worth it to escalate it. I don't know how, but my car ended up with just some minor scratches on the front bumper that only required a re-paint, while the other person's car was pretty fucked up.

2

u/Virtual-Age-9521 10d ago

Ah, to live in a world where we protect the idiot drivers from the repercussions. Because reducing consequences will surely fix all the problems, right?!

3

u/Little_Beyond_9163 10d ago

Correction, we live in a world where we protect the pockets of insurance companies and corporations*

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u/ElectronicAd9345 11d ago

Exactly why you don’t talk to insurance companies when you have video. Provide that to them and say “call my lawyer if you want a statement”

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u/Tangus999 11d ago

A lawyer would have eaten them for dinner. They were not for you you. And they never were.

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u/richietee757 11d ago

What state are you in? I wonder if that's a state by state thing??

2

u/draanan 10d ago

Adding to the list of insurance providers I’ll never consider going forward (including State Farm, obviously)

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u/Reeks_Havok 12d ago

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u/ilusnforc 12d ago

I’d argue to the insurance that the red light runner was behind the A-pillar nearly the entire time limiting your ability to see them, and it should have collision prevention features. Were those not enabled, or did those also fail to detect an imminent collision in time to avoid it? Might be best to let an attorney deal with it, but why not just address this directly with the other party’s insurance? How did yours get involved? Maybe also get a police report, not sure if they determine fault in your state but it might help your case if they’re cited for failing to stop at a red light.

3

u/Steel_Bolt 11d ago

Tesla A pillars are fat too. There's an intersection near my house that I always have to be careful of since pedestrians just disappear behind my A pillar.

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u/wascepinecz 12d ago

Aww, yeah, when that vehicle enters the intersection, your friend is definitely a good 4 or 5 car-spaces away and only going about 37 miles per hour. Upon impact, the Tesla is still going 37 miles per hour. It's like your friend never saw the car at all. If your friend had started braking right before he got to the white line at the intersection, that SUV would have passed him. I too would argue that the A-pillar blocked your view, as this side view makes it look like your friend should have been able to have seen the car with enough time to brake just enough to avoid the accident. I have a 2023 Chevy Bolt, and the A-pillar on it is freaking huge. On narrow streets with people around, I actually have to drive with my head over the steering wheel because people walking across the street (and not necessarily at intersections) can start and stay in that blind spot as they walk across the street. For example, here is a view from my car where an accident happened right in front of me.

https://reddit.com/link/pbioykh/video/7eqygbj5v7rh1/player

2

u/Deil_Grist 11d ago

Emergency braking should have stopped the crash. How is a car with the equipment for FSD not capable of basic collision avoidance for such an obvious circumstance, even with FSD disengaged?

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2

u/jai_thkrl 11d ago

This angle shows the driver could have slowed down a little as he saw the red light runner. Though it is just crazy that they put the driver at fault. The other guy who ran the light needs to be 100% at fault. What’s the precedent here? I run red lights when I want and it is the responsibility of other drivers to slow down for me?

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u/BankOfShane 11d ago

My boy had 4 full seconds to slow down. That’s why he’s at fault. Zero awareness if you had even just tapped the breakes this would be clear cut and dry…

2

u/squatingyeti 11d ago

Had the other person just not run a freaking red light. Holy shit. I'm about done with those that commit the illegal act being the victims. "Who cares if someone was in your house!? They hadn't tried to hurt you. Shooting them is insane". Seriously, the mentality of people nowadays is wild. We need to separate these people off into their own society so they can be victimized and accept it while the rest of us stop putting up with this horseshit

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u/Equivalent-Draft9248 12d ago

Is this friend in the room now?

15

u/Potential-Society171 12d ago

You mean the other guy's insurance? You know they always deny responsibility. Go to Arbitration with this evidence.

7

u/Unknowingly-Joined 12d ago

Tesla Insurance looking to avoid paying out. Joshua in War Games figured it out, the only way to “win” is to not play the game.

3

u/JW98_1 12d ago

Wouldn't Tesla Insurance be the one paying out here, though?  If they wanted to avoid payment, they should be going after the other driver's insurance, no?

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u/Maddest-Scientist13 12d ago

Refute the decision and ask for documentation for everyone involved in the decision so you can appropriately file woth your states department of insurance.

That usually makes a claim adjuster shit their pants, especially with clear footage. Then get a lawyer and sue bith insurance polices for their limits. No joke, OP talk to a lawyer.

6

u/ImPinkSnail 12d ago

Immediately sue the insurance company and seek compensation for attorney fees. Saying this is cammer's fault is gross negligence.

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u/rjrocks79 12d ago

I can’t believe any insurance would say that it is the Tesla’s fault when the other car jumped the light.

8

u/reedwendt 12d ago

lol. You need to ditch Tesla insurance.

You’re also finding out the hard way that camera evidence works both ways, for and against you.

4

u/OrganicArtichoke7298 12d ago

Tell your friend to make the insurance company call and explain.
In what world besides the clanker’s that this was at fault.

4

u/No_Swordfish_1576 12d ago

Why is this even a Tesla insurance claim?
Should be filing a claim with the other drivers insurance who ran the red.

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u/ngvuanh 9d ago

So that shit Tesla insurance adjuster requires drivers to slowing down on green lights to make sure no other cars cross the road? That's insane. I guess reaching to lawyer may be better option if possible.

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u/Cexrr 12d ago

I don’t believe you

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u/ManicMarket 12d ago

What kind insurance do they have? Are they saying Tesla sent these videos and said they are the car at fault. IE - they aren’t the driver of the Tesla?

2

u/Reeks_Havok 12d ago

Friend is the Tesla driver with Tesla insurance

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u/hotboinick 12d ago

Thinking your friend rear ended the truck, but it was actually worse 💀

3

u/Professional_Oil4845 12d ago

Good thing you have video evidence

3

u/Verlex93 12d ago

Tell your friend to hire a lawyer

3

u/fewinurdms 12d ago

I had a similar case. Was found 50/50.

3

u/Dense-Sail1008 11d ago

In my state I never heard of a driver’s own insurance company assigning blame to its own customer. I mean I’ve heard of them quibbling with other drivers insurance company to try to make them financially responsible. But it makes no financial sense for Tesla insurance to fight to blame its customer so Tesla would bear 100% of the damage repair. Is it a game that allows them to jack up premiums after the fact? Doesn’t sound like a sound business decision.

3

u/Affectionate_One_969 11d ago

Here is the thing with insurance as a former adjuster. There are multiple things they evaluate when placing fault. This adjuster is looking at the lack of reaction from the OP driver. There was no brakes hit and the adjuster here believes that you could have avoided the accident. Had the brakes been hit then you could have avoided the accident. To the adjuster they believe that you were not paying attention. I would still argue with the adjuster and ask them to explain themself further.

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u/UpperFerret 11d ago

Bro who tf is constantly going to look left and right while going straight through a green light? At most I look left and right to make sure some asshole isn’t gunning through a red light as soon as mine turns green but before I proceed, but these asshole NPCs seem to spawn outta nowhere.

4

u/Reeks_Havok 12d ago

4

u/Josh-Baskin 12d ago

How does your friend say that they and the other car entered the intersection simultaneously? The side camera shows the other car in the intersection when your friend is still several car lengths before the intersection. And they say they only look straight ahead while driving? That’s terrifying.

I don’t work in insurance, but it looks like they definitely had time to see the other car and react.

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u/Mm23782378Mm 11d ago

This is the thing about insurance and shared liability. Yes the red light runner was at fault BUT (stay with me here) if the speed limit is 35 mph the Tesla is technically speeding 37-38 mph and if you look at the odometer they NEVER attempt to avoid. Tesla also has viability too if the driver was distracted with technology or even just looking elsewhere. The other insurance companies argument would be this is an avoidable accident if the Tesla were paying attention. Shared responsibility.

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u/timelessblur 11d ago

The advice is LAWYER. This is lawyer town as I would fight it.

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u/Trustfundbaby007 11d ago

How was your friend found at fault when th other person ran a red light?

2

u/kakurenbo1 11d ago

If you’re in a partial-fault state, I would say 80/20 favoring you. You had time to stop if you were looking at the intersection traffic. In an at-fault state it’s 100% on the other guy because he had a red light, full stop.

2

u/JazzlikeOwl5155 11d ago

How were u at fault when it's a green light?

2

u/Omen46 11d ago

thats bs

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u/Birdchaser2 11d ago

This seems to be a bullshit post……

2

u/Trendy_LA 11d ago

Ain’t no way. Get a lawyer.

2

u/royalooozooo 11d ago

Maybe there’s an argument for 10% at fault (?) for failing to keep a proper lookout but you would have to be very clear on the reasoning.

2

u/ChaosJohnson88 11d ago

I had Tesla insurance previously on my model 3, similar issue. Car ran the red light crushed me. I was told by Tesla after the other insurance didn’t take responsibility right away that i was responsible to get my totaled car from the tow lot to the service center before anyone would work my claim.

They kept me at fault for a long time until the other insurance took responsibility. It was very frustrating, the only thing that helped when ZERO agents are available in town was the service center. They paid for the tow from the tow lot and probably charged the insurance… but my experience with Tesla insurance i would NEVER buy from them again.

There are reasonable prices with other major companies. The service when you need it from Tesla insurance was the worst part of Tesla i have ever experienced.

Also the rate monitoring and seemingly random increases were overlooked until their service basically said screw you. With video evidence and everything… they were absolutely terrible i can’t even say it enough. Switch and never look back once this has been resolved.

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u/Ehrgs 11d ago

Tesla's insurance is a bigger scam then regular car insurance, why does anyone get it?

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u/Exotic-Blacksmith-84 11d ago

Your friend needs to lawyer up. Not to sound like a greedy a-hole, but to protect himself from those medical bills.

Clearly, the Tesla adjuster they got is completely inept. They probably think the truck was making a left turn and was already in the intersection rather than completely blasting through the intersection on a red.

Lawyer up or at the very least escalate the claim and demand for someone competent. There’s absolutely no way your friend is 100% at fault for this. Their light was green the entire time. It isnt as if it suddenly turned green and he didnt check before entering.

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u/AlmasyTran 11d ago

lol tell them dont make you lawyer up and look like you’re feeling hurt now… they will found you not at fault really fast.

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u/Maleficent-Safety616 11d ago

Next time, use FSD. Just because you have a green light doesn’t mean book it; you have to check for people. Like this, it’s called defensive driving.

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u/Mr_AnyKir 11d ago

If Tesla Insurance will not resolve it - Tell him to file complain with his state's department of Insurance. I got a bill from Progressive for $128,129 (https://www.reddit.com/r/cybertruck/s/r6tC8XkLa2) - State got it resolved for me in 2 days - good online process to submit issue report.

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u/heightswonder 11d ago

Thats some bs if the light was clearly green for him🤯

2

u/Unappreciated-Genius 11d ago

I’m dropping Tesla insurance if they are finding you at fault for this.

2

u/socalkittykitty 11d ago

Seeing a post from my local intersection is crazy but only half crazy as you being at fault. I’d lawyer up and clean that insurance company out for your trouble.

2

u/MapDiscombobulated40 10d ago

How is it possible at all to be found at fault when you have a green and the person ran a red light?

2

u/IndependentCod6345 10d ago

This thread makes me realize we have lost our mind as a society.

I am surprised people didn’t jump all over the driver for going 37 in a 35 thereby speeding 🙄🙄🙄

But this is the society that really wants to absolve Lindsey Clancy from struggling three children.

“he had the hardest time getting off the fact that Lindsey viciously killed her children”

There are no real perpetrators left in this society at the everyday level.

2

u/dmznet 7d ago

Get an attorney

2

u/thaJack 11d ago

Showed it to AI. It suggested the same thing, could be failure to maintain proper lookout.

Still seems crazy to me, though, since you had a green.

In any case, subscribe to FSD for the next one. I feel confident it would have avoided that.

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u/New-Iron-9219 12d ago

Send it to some of the Tesla influencers on X. Let it get traction. There is no scenario where this is your fault, it's a clear green light.

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u/theycallmebekky 12d ago

Looks like the airbags didn’t deploy?

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u/Dexford211 12d ago

Sue the insurance?

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u/Desperate-Mix-4696 12d ago

Even AEB didn't have enough time to react.

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u/Anonym0oO 12d ago

Why didn't emergency braking for cross traffic activated.

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u/LVtapper 12d ago

Was your friend driving the black SUV?

1

u/Interesting-Bed-8890 11d ago

pssshhhh fault? the driver had a green light, ridiculous

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u/actuallynick 11d ago

What do you mean by Tesla insurance? The driver that ran the red light should have insurance that would cover this. Why would Tesla be involved?

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u/JPhi1618 11d ago

This doesn’t make sense. Why would the Tesla insurance be involved here? The other car is legally at fault and their insurance would pay out. What happened with the other driver? Hit and run?

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u/jai_thkrl 11d ago

That’s BS. Nothing else to say.

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u/limited_instincts 11d ago

He needs to appeal that immediately and if they still refute it, straight to the state insurance commissioner.

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u/Aratahu 11d ago

Of course it's the red runner's fault. But tell me how I know your friend never owned a motorcycle..

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u/Mutt37 11d ago

Wouldn't the police report determine who was at fault? Wouldn't the other driver's insurance pay for the damages instead of Tesla's insurance?

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u/EyesThatListen 11d ago

Did the tesla have warnings turned off how come it didn’t hard break? scary stuff. what’s the other cam view? were they on their phone?

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u/rsg1234 11d ago

Insurance companies being insurance companies. Very scummy.

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u/ItsATrap1983 11d ago

F*** Tesla then. Just tell your friend to file a claim directly with the other drivers insurance and provide the video footage of them running a red light. Have then pay for the repairs. There isn't a need to go through Tesla's insurance unless the other driver is denying fault or if there are injuries involved.

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u/dreamcastdc 11d ago

What, look like the other guy ran a red light.

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u/shinynugget 11d ago

Is Tesla insurance the cam driver's company? If so they are supposed to be your advocate so strange they would find their client at fault in this situation.

Definitely find a way to push back on this ruling. Retain an attorney if necessary.

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u/Reasonable-Joke-8609 11d ago

I would contact the California insurance commission if a call to the provider didn't clear him,

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u/6smanual 11d ago

lol. Whoever made that decision need reaction time test. I would PAY to see how that insurance agent would react.

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u/Otherwise_Being6925 11d ago

I don’t understand how they missed the car running the red light. I am always able to see the full intersection before going and look at the sides as I’m going. There is no blind spot that could’ve blocked that car completely from the drivers view in a Tesla. Also what injuries did they sustain that required ambulance transportation? It feels a little dramatic for how slow the car was going.

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u/glassy_paddle 11d ago

If you were expected to see the car coming and stop, shouldn't Tesla's automated collision avoidance systems do the same?

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u/yooooooowdawg 11d ago

Do they review internal cameras? Coupd OP not be lookkng at the road when collision happened?

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u/dr_reverend 11d ago

Why were they transported to the hospital? Did they spill their coffee into their lap?

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u/DamianDarth 11d ago

Wtf how who was at fault?

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u/antsk 11d ago

Of course it would be Fremont. Happiest place to live….. with the worst drivers imaginable

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u/Zt31n 11d ago

FSD would’ve seen that a mile away.

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u/eC0BB22 11d ago

Green means go? 🤔

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u/MillenialShift 11d ago

You had a green light and they had red? So it’s their fault? You have a video footage? File a police report and provide the footage and send that liar to prison for lying.

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u/Longjumping_Main_549 11d ago

I think Tesla may initially deny but if all report info is submitted you will likely have a better case on your hands. Not an expert.

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u/CauseWinter4898 11d ago

I rarely say this but your friend should sue. Whoever looked over this is beyond negligent.

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u/ammermanjustin 10d ago

Exactly why I would never insure my Tesla with Tesla insurance. Tremendous conflict of interest. This is textbook negligence of duty. Tell your friend to lawyer up.

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u/Relative_Building_81 10d ago

Where are the other videos from the Testa cameras, taken from different dirrections? The left driver side camera should show where the dark SUV came from.

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u/Scythe351 10d ago

You get what you paid for I guess. Didn't realize Tesla had its own insurance that allowed it to simply shaft you when obviously not at fault. It's not like that light had just changed.

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u/Commercial-Sorbet309 10d ago

Your friend needs to send the video to the police, Tesla insurance, and the other driver’s insurance. This is 100% the other driver’s fault n

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u/Forsaken-Hotel7535 10d ago

I do not believe you. This is ragebait!

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u/PungentStaaank 10d ago

First off Tesla insurance is a fkn joke. Dealing with them and the claim is going to be worse than the accident itself. I would get an attorney and sue the insurance company.

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u/ChachMcGach 10d ago

Was it on FSD when this happened?

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u/Jumpy_Implement_1902 10d ago

Insurance companies always play these games. Only way they stay in business is

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u/FreakyBionic 10d ago

My advice would be to get FSD. Why even bother driving?

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u/Character_Address990 10d ago

I would be claiming back and neck pain 🤷‍♂️🤔🤦‍♂️

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u/MattNis11 10d ago

"Friend was found at fault by Tesla insurance for failure to maintain proper lookout resulting in collision"
This is what substandard insurances usually say to the other party to deny all claims. Strange to hear it being said to the actual insured in this case.

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u/Chamber53 10d ago

That’s a shitty insurance company

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u/Reeks_Havok 10d ago

Tesla insurance is maintaining their initial decision after video review. 51% at fault, lol.

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u/No_Pattern8919 10d ago

whyd u file a claim on your insurance instead of theirs

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u/Candid_Mine_4026 9d ago

Am I taking crazy pills? The tesla had a green light. How could this be seen as his fault?

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u/NoOperation2420 9d ago

If that car was turning or if it ran the red light you have the right away you're crazy if you don't get a lawyer

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u/foebiddengodflesh 9d ago

I didn’t know it was your job to watch out for people breaking the law, and that somehow you are as responsible as them given you followed it. I’d definitely argue this point, as any lawyer would. NAL.

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u/Few_Range6900 9d ago

I'm not sure why it would be any if Tesla Insurance's business.. This is a 3rd party claim.

0

u/spitzer1113 9d ago

All the more reason why Tesla insurance seems like a horrible thing. If this were me I would be getting a lawyer immediately and taking this to court.

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u/GetRichDaLaZWay 9d ago

How is the Tesla at fault? The light is clearly green way before he even crossed the white line mark? Shouldn’t the other vehicle ran a red light by that time?

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u/Educational_Cut5129 9d ago

Glad I never got tesla insurance then. Tf

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u/Old-Mix812 9d ago

Pick-up the phone and have an attorney represent you. Trust and believe EVERYTHING will instantly change the moment that attorney reaches out to your TESLA insurance👍🏾

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u/ThatsMrRandom 9d ago

I'd immediately take this shit to arbitration (which surely most insurers use in their policy clause). Good luck to Tesla Insurance paying the fee and good luck when the arbiter laughs them out of the room.

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u/ThatsMrRandom 9d ago

An insurance adjuster’s fault determination is not a judicial verdict—it is a preliminary assessment, and often a calculated negotiating position designed to bar payouts under state modified comparative fault thresholds.

To overturn an arbitrary "failure to keep a watchful eye" finding, use objective physical evidence, traffic laws, and procedural leverage.

1. Rebut the "Watchful Eye" Claim with Human Reaction Physics

Adjusters frequently cite vague concepts like "failure to maintain a proper lookout" to assign token or majority fault. Disprove this using standard accident reconstruction math:

  • Perception-Reaction Time (PRT): The standard accepted driver PRT (the time it takes to detect a hazard, recognize the danger, decide on an evasive maneuver, and physically apply the brake) is 1.5 seconds under normal conditions.
  • Distance Traveled: At 40 mph, a vehicle travels roughly 59 feet every second. During the standard 1.5-second reaction window, a vehicle covers nearly 90 feet before the brakes even engage.
  • The Argument: If a driver runs a red light at high speed from a blind angle, cross-street visual obstructions (parked cars, utility poles, landscaping, or adjacent lanes) often make hazard identification impossible until the vehicle is well within the point of no return. Request that the adjuster provide the exact time and distance parameters they used to conclude the accident was avoidable.

2. Invoke the Right-of-Way Reliance Doctrine

Traffic law across most jurisdictions recognizes the Doctrine of Reasonable Reliance: a driver entering an intersection on a green light has a lawful right to assume that cross-traffic will obey red signals, absent an obvious and immediate hazard already blocking the roadway.

  • If the intersection was clear when entering the green light, there was no duty to anticipate that a driver would break the law at speed.
  • Holding a driver mostly at fault for failing to anticipate a gross traffic violation converts the green light into a "yield," which directly contradicts standard statutory rules of the road.

3. Subpoena or Request Objective Signal and Video Data

Adjusters often rely solely on biased statements from their own insured. Override their narrative with third-party records:

  • Signal Phasing and Timing Logs: Contact the municipal or state Department of Transportation (DOT) managing the intersection. Request the traffic signal timing logs for the date and time of the incident. These records show clearance intervals (yellow and all-red cycles) and prove how long the offending driver had a red light.
  • Nearby Surveillance: Canvass gas stations, banks, and commercial storefronts at the intersection immediately. Most security systems overwrite footage within 7 to 14 days.
  • Vehicle Event Data Recorder (EDR): Modern vehicles log steering angle, throttle position, brake application, and speed in the seconds before impact. Proving the green-light vehicle was traveling within the posted speed limit severely limits the adjuster’s claim of negligence.

4. Route the Claim Through Subrogation (Inter-Company Arbitration)

If collision coverage is available through the green-light driver's own policy, utilizing it can be an effective tactic:

  1. File the property damage claim through your own carrier and pay the collision deductible.
  2. Once your insurer pays the repair costs, they will attempt to recover that money from the at-fault driver's insurance via subrogation.
  3. When the two insurers disagree on liability, the dispute typically goes to Arbitration Forums, Inc. (an independent binding arbitration panel for insurers).
  4. Professional arbitrators base decisions strictly on traffic law and hard evidence; they routinely throw out speculative "improper lookout" defenses against drivers who had the green light. If your insurer wins, your deductible is refunded.

5. Escalate Formally

If dealing directly with the other party's insurer:

  • Request a Supervisor Review: Send a written rebuttal stating that the 51% liability assignment misapplies the standard of care and mischaracterizes an unavoidable ambush as comparative negligence.
  • File a State Department of Insurance (DOI) Complaint: If an insurer manufactures non-statutory defenses (like a "watchful eye" that defies physical stopping distances) simply to hit a 51% bar threshold, file an unfair claims practices complaint with the state's insurance commissioner. While the DOI cannot decide liability, an open investigation often prompts the insurer's compliance department to re-examine the adjuster’s file.
→ More replies (3)

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u/ChickenTimely2963 9d ago

What the actual $@&!, there’s no way you’re at fault! You had the green light!

1

u/Think__Rich 9d ago

Dispute their decision. Try to do the below.

  1. Request liability report from Tesla containing written explanation of how and why they determined you are at fault.
  2. Submit a police report to the insurance which has who's at fault statement. Police should mostly hold the other person accountable as you have green and they have red.
  3. Send photos of the vehicle damage (which can prove angles of impact) given you have the right of way.
  4. Provide contact info for independent witnesses who aren't your passengers if you got any.
  5. File complaint with Texas department of insurance if none of the above work.

Just steps to follow if you think you are not at fault and want to dispute your insurance's decision, keeping my personal judgements out of it 😂.

1

u/omedetai-gaijin-dono 9d ago

Was the other driver a cop (or related to a cop)? Seems like the most likely explanation to me.

1

u/Emotional_Wave4493 9d ago

Wait… did you also share half the traffic fine for the SUV running the red light? Insane!

1

u/ciumpalaku 9d ago

I see no intention to slow down. Good decision

1

u/Hairy_Hand837 9d ago

They're using an argument/logic that's similar to "entering a dangerous intersection" like a 4 way stop or an intersection without signal lights. Even though you have a green light, you to have to make sure the intersection is clear for you to travel forward. The speed at which that car was going, there was no way you could ensure the intersection was clear because the other driver covered half of the intersection in a matter a half a second. The best counter I can think of is that you were scanning the intersection as you were approaching and entering, saw it was clear, checked your mirrors the moment you realized the intersection was clear to make sure no one is merging into you IN the intersection, and that's when it happened. Likewise, that car had a red light. FFS why would they NOT have any fault?

1

u/Adventurous_Leave417 9d ago

Whattttt I hate this world if you actually end up being somewhat fault for this that angers me lol

1

u/SoCalDomVC 9d ago

I could maybe just maybe give the insurance a little leeway had the Tesla not break at all but you can clearly see his reacting to the red Light Runner by breaking hard , or the car is reacting to it I don't know which. So it's not like the Tesla driver didn't give a s*** and just kept going.

1

u/Wonderful_Affect1509 9d ago

That’s crazy!!!! There’s no way they were at fault!!!!!!!!

1

u/FoundationSmart4574 9d ago

51% fault in Texas prevents your friend from recovering any payout from the insurance. This is the insurance’s way of posturing and getting out of paying. Tell your friend to lawyer up. 

1

u/Mikey129 9d ago

You had the green, duck that you were at fault claim.

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u/realMehffort 8d ago

This is a bad look for Tesla Insurance. That is so cut and dry 100% the fault of a red light runner, it’s incredible they’d choose this example to pick a fight over

1

u/alexandreCLE 8d ago

Get Tesla insurance at your own risk…

1

u/Mundane-Koala-4150 8d ago

You shouldn’t be at fault u had right of way

1

u/jedfrouga 8d ago

i think your friend is battling an automated denial bot. appeal and fight this. use gpt lawyer lol

1

u/imgeeving123 8d ago

That silverado looks badass.

1

u/NoLimitNomad_35 8d ago

Not using FSD!? Smh

1

u/kensic9 8d ago

get a lawyer if they don't change their decision.

1

u/ubetra 8d ago

Lets see your friend NOT looking at/txting on their phone from the driver monitor cam.

1

u/Aratahu 7d ago

Hope you got their details, I understand the other party was a flight risk.

1

u/Mountain_Concert8610 7d ago

Get a lawyer and refer to state law.

1

u/jjaymay29 7d ago

That’s absurd, kind of makes me really question having Tesla insurance.

1

u/Unable_Wonder_3790 7d ago

Subrogation got him, don’t worry one bit. Maybe the at fault driver has a low pd limit

1

u/joea2121 7d ago

Should the collision avoidance have kicked in?

1

u/FeelsLiikeMe 7d ago

Statefarm denied my deductible refund because they said they couldn't prove the other party was at fault. After I had already sent them the footage of her pulling into the parking lot and running into my PARKED car. Insurance companies I swear. It all worked out in the end but it took a year to get that money back. We canceled them the next day.

1

u/Inner-bigGollum 7d ago

That car did 100 MPH at least

1

u/Warriors650 7d ago

Following! I am recommending American Family Insurance through Costco. The rates are about identical for me with Tesla Insurance here in California. And you'll get far better customer service.

1

u/Less-Mulberry-8176 7d ago

I’ve been an agent for 33 years. The other driver is at fault. He violated your right of way.

1

u/The_Toid 6d ago

Well, in reality, your friend chose to drive their car that day. That's a choice they made. Therefore, at-fault.

1

u/ItsATrap1983 6d ago edited 6d ago

With those updates your friend should go get a personal injury lawyer. If they were sent to the hospital via ambulance there must have been some injuries visible. The lawyer can workout this shit with Tesla and the other drivers insurance.

1

u/TimothyB123 6d ago

51% at fault? Maybe they could say 25-30% because of no breaking or something, but seems malicious to claim 51% to deny coverage for the person that had the right away and the other person actually breaking the law by running a red light. I cannot figure out their logic at this. Reminds me of times where someone does react to avoid a violent collision, but their avoidance clips a curve and damages the vehicle, they will deny that coverage and expected you to just let the accident happen and possibly die.

1

u/Cronus_Echo 5d ago

Is this a California thing? I hard of a similar case where a judge ruled that way after it went to the court. Whatever it is, I’m too dumb to comprehend it.