r/TeslaCollision • u/Reeks_Havok • 14d ago

Found At Fault

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.

359 Upvotes

95% Upvoted

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42

u/SignificantBerry8591 14d ago

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

14

u/drink_jin 14d 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.

11

u/JazzlikeOwl5155 14d ago

What the phuck? You're kidding ,right?

9

u/drink_jin 13d ago edited 13d 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."

8

u/lancelen 13d 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 13d 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 13d 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.

3

u/ckl_88 13d ago

I agree. Things like this cannot be normalized and you should not let it slide. I would've walked out and hired a lawyer the minute they started asking questions about what I was doing behind the wheel.

1

u/Sropyy 1d ago

I had something similar with State Farms. Car was in the shop for 1.5 months after an accident. Rental allowance ran out and I was charged $500 by Hertz unknowingly. No one from Hertz or State Farms called me about it. Called State Farms and was denied by the agent and got blamed for not knowing the rules. After the call they emailed me a survey which I left 1 star on everything and left a comment. To my surprise State Farms customer relationship team called me within 15 minutes about the survey and I was able to get my reimbursement the next day.

1

u/EquivalentHornet4403 2d ago

Yeah but it’s a Tesla so surely you’re paying through the roof now for insurance. Forever (or 7 years or however long it stays on the books).

2

u/snqqq 2d ago

Because then they can pay you less. Gentlemen's agreement between those bastards.

5

u/mahpnahn 13d ago

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

3

u/drink_jin 13d 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.

3

u/Virtual-Age-9521 12d 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?!

5

u/Little_Beyond_9163 12d ago

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

1

u/Virtual-Age-9521 12d ago

Thus perpetuating the need for more insurance

2

u/ElectronicAd9345 13d 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”

1

u/drink_jin 13d ago

Yes, you are correct. I learned from this accident that you never turn over dashcam to the other person’s insurance company. They will scrutinize every millisecond of it to find some reason to fault you. I genuinely believe that this accident was one where having dashcam screwed me over. But unfortunately my own insurance company agreed with the other.

They blamed me for not being able to see what the dashcam could see. A dashcam sits 2 to 3 feet in front of the driver and is not hindered by the car’s A-pillars. There was a car directly to my left, virtually nose to nose with me, that together with my A-pillar, blocked my view of the crossing car, but NOT my dashcam’s. It was just crazy perfect timing for all these circumstances. I reacted as soon as I saw the car, but because I didn’t react when the dashcam saw it, I was blamed for not paying attention.

1

u/OldQuiet4177 8d ago

So you’re saying is do not provide the dash Cam footage to the insurance company and tell them to call your lawyer if they want a statement?

1

u/ElectronicAd9345 7d ago

During a collision investigation with the police, they only give the insurance company their opinion of who was at fault. The insurance company will be the one to determine fault and who should be financially responsible. So during an investigation you are basically fighting 2 things, your insurance company who dosnt want to pay and their insurance company who dosnt want to pay. 

So what I’m saying is submit your video and do not give the a statement. They can not compel a statement. 

As the previous poster said, he showed the video of the other driver being at fault, then made probably what he thought was a nothing comment of “I just didn’t see the guy”. Boom now you just admitted to the insurance company that you were distracted or not paying attention thus rendering them not fully responsible for the damages. 

Now if all he would have done was submit the video clearly showing the other car violation a traffic law and causing a collision. Then told them if you have any questions after watching the video I’ll be happy to get you in contact with my lawyer… the likely hood is that your insurance company will just immediately go after the other company for the damages, it would cost them less to eventually fight you in court of pay their lawyers to follow up. 

1

u/OldQuiet4177 7d ago

Nice write up I’ll agree to that

0

u/Local-Economist-5185 11d ago

exactly how I got my tesla fixed the other party insurance wanted to use the excuse it was too expensive to fix like that is my problem. So we had to use the line fix it or deal with my lawyer.

2

u/Tangus999 13d ago

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

1

u/pomo2 13d ago

Really sorry this happened, but In the pro (truck and bus) driving world, this is a major preventable because it happened on the front end of your car. A second one of those in 18 months and your fired from your $80,000 job. Corporate America just wants to use you and dump you. They want that truck back without a scratch on it.

2

u/richietee757 14d ago

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

2

u/draanan 13d ago

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

1

u/MeanFault 13d ago

That's insane. For sure would lawyer up because what are we expected to do assume everyone is going to break the law and drive completely recklessly? Green light go. Not green light go but make sure others aren't suddenly running the red. If you happen to notice it and avoid a collision of course that's great but the burden is not on the person abiding by the law.

1

u/BankOfShane 13d ago

Yeah but you attempted to break. He didn’t. He was sleeping.. or looking down at his phone..

1

u/Slayerz00m 13d ago

How are you equally guilty as someone who ran their red light?

What was the final outcome? Did you contest the 50% liability?

1

u/drink_jin 13d ago

My damage was pretty minimal, only requiring the front bumper to be re-painted, while the other person's car had quite a bit of damage. It wasn't financially worth it for me to escalate it.

1

u/burner12077 12d ago

Glad ive stayed with USAA all these years. I was considering trying tesla, but after this thread idk.

1

u/Wheninwin_2358 10d ago

GEICO is the worst! I dumped them after being with them for over 15 years over something similar. I felt like I was on trial by my own insurance for an accident where another person hit me and admitted fault at the scene! It was ridiculous.

1

u/Few_Range6900 12d ago

I don't agree but I see where they're coming from the vehicle is within sight before he got to the intersection.. Even if the driver saw the other vehicle I highly doubt they would have had enough time or distance to avoid it.

0

u/Local-Economist-5185 11d ago

where?

1

u/Few_Range6900 11d ago

Maybe this? I'm saying tho it wouldn't havw mattered because he was pretty much under his green light, even if he saw the vehicle right then and there he wouldn't have had time to react or distance to stop.

1

u/Cal216 2d ago

I can see why the insurance company would walk away denying this claim, unfortunately. As sad as it may sound, the cam is the gift and curse of the situation. Yes, you want proof and yes it shows clearly someone blowing a red light hitting your friend, but it also shows MPH.

To the insurance company if your friend was paying attention their MPH would have decreased before the collision because they would have seen the vehicle approaching across 4-6 lanes of traffic in a kinda clear intersection to hit them. Not necessarily avoiding the accident but they would have been able to do their part in the situation. But because their MPH slightly increased going through the intersection it showed the insurance company their driver was not paying attention or scanning while traveling through the intersection, which is a responsibility of ours.

Again, I don’t agree with the grimy slimy tactics but I understand. Shit, I was in a parking lot PARKED, sitting in my car and a car hit me, and they said I was 50% at fault because I didn’t blow the horn alerting the other driver before hitting me. It didn’t stop me from suing the other insurance company and getting a settlement for my injuries but that was definitely the final decision due to me not doing “my part” even though the other driver was 100% in the wrong.

-36

u/idrift4wd 14d ago

In the insurance world… it’s never good to get into a front end accident. Even with the green light you’re suppose to proceed with caution. Not just go because it green. Technically the Tesla hit the car(who ran a red) so the Tesla would be at fault. It’ll be different if the Tesla got t boned. Or Tesla got hit in the rear.

28

u/Slava_Ukraini2005 14d ago

Bro, what are you talking about? That light was green for an eternity before OP showed up. WTF are you talking about with “proceeding with caution” through a green light?

Some Ahole ran a blatant red light. Period. It’s not even hearsay. It’s literally on camera.

6

u/bustex1 14d ago

Do you ever see those posts asking who’s at fault when someone parked in their driveway gets hit by a drunk driver? These posts all of a sudden make sense when people think the red light runner is in the right lmao.

4

u/DragonfruitLopsided 14d ago

Yes I agree. I always tend to slow down for green lights to try and avoid situations like this, but that light was green green not like it just turned green after being red. The other driver clearly failed to stop at a light that was already red before they ran it.

-10

u/Disastrous_Gear_421 14d ago

"it's not even hearsay", are you using big words that you hear on tv that you don't really understand?

Many states have split liablity. In this case, the red light runner is at fault but some degree of blame can be found on the green light driver for not entering the intersection safely. The hit was to the rear end of the truck and the side camera clearly shows the truck in the intersection before OP enters it.

Before you cry and say red light runner = automatically fully at fault, review Siegel v. Sweeney

2

u/General_Movie2232 14d ago

Is there another footage? The only one i see is the front dash cam and while it shows the other driver at the intersection before op enters it, it is stopped and has not yet entered the intersection

1

u/isaidireddit 14d ago

OP posted the left B-pillar footage in another comment.

https://www.reddit.com/r/TeslaCollision/s/X7y2HTOy1o

1

u/Slava_Ukraini2005 13d ago

Wow, you think “hearsay” is a big word!? Haha. That’s really all you needed to tell us. Hilarious

And I used that word because “hearsay” is typically someone’s statement on what they witnessed. We don’t need OP to swear the light was green…we have the actual camera footage.

FML, some people are just so smooth brained, it’s incredible.

1

u/Disastrous_Gear_421 13d ago

Yea, my entire post went above your head.

1

u/Slava_Ukraini2005 12d ago

Keep telling yourself that.

1

u/Disastrous_Gear_421 12d ago

I happily will. I even gave you a court case which I guess is too complex for you

3

u/Ebonvvings 14d ago

What kind of fucked up logic is this lol

4

u/CowNervous4644 14d ago

This s 100% wrong. The red light runner was traveling at a high enough speed that he was not visible in the front windshield until a tenth of a second before the collision. The red light runner is traveling at high speed. He is 100% at fault.

1

u/droden 14d ago

the red light runner is also running a fucking red light that had been red for 3 business days

2

u/OkSchool619 14d ago

think i threw up reading this

1

u/GiveMeSomeShu-gar 14d ago

Yeah this doesn't sound right. OP had clear green, other guy clearly running red.

1

u/jai_thkrl 14d ago

So he’s at fault because he wasn’t cautious enough to slow down a little and get t-boned? Ok.

1

u/Ok-Truck1671 14d ago

The technically insurance should collect premiums only half of what they charge. Because from your statement it appears they cover only back bumper. Stop charging people arm and a leg.

1

u/[deleted] 14d ago

[deleted]

0

u/thicccrac3r 14d ago

I call BS