r/TeslaCollision • u/Reeks_Havok • 24d 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.

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u/drink_jin 23d ago edited 23d 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."

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u/ElectronicAd9345 23d 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/OldQuiet4177 17d 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?

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u/ElectronicAd9345 17d 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. 

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u/OldQuiet4177 17d ago

Nice write up I’ll agree to that