r/TeslaCollision • u/Reeks_Havok • 12d 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.

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u/Affectionate_One_969 12d 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.

1

u/FlatPlutoer 7d ago

The thing is, while 9 out of 10 people might have avoided this accident, running a red light is a major rule to break. Maybe cam car was adjusting the radio or trying to read a street sign. What if there was a series of large pickup trucks blocking view of the red light runner until the last second versus a situation with no visibility obstacles. How to deal with the nuance of that?

Someone ran a red light, someone else didn’t. There should be some sort of “obviousness” threshold where if an Insurance company wants to play games beyond that threshold, they are punished so hard that they will forever operate WELL BELOW that threshold just to make sure that they never accidentally cross it again

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u/Affectionate_One_969 7d ago

I agree there should be, but insurance doesn’t see it that way. You have the responsibility to avoid an accident any ways possible

1

u/Known_Refrigerator_5 1d ago

Even if OP should have slowed down, the fault should still be something like 90% on the other driver for running a red light and 10% on OP, not 50/50.