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Discussion Starter · #1 ·
I was on my way to roosey last friday with the boat and a guy driving a dually in front of me had a blow out. The blow out ripped out his mud flap and sent both the mud flap and a pretty good size chunk of rubber tumbling on the road which ripped off one of my new fender flares as well as the licence plate on the boat and leaving a good scratch on it too. We both pulled over i got his inusr. info and a police report to document it. The officer said that in AZ any object that falls off a vehicle and causes damage to another one is considered a collision and the other guy was at fault. After he got a ticket for a blown tire(which i felt pretty bad about, he was a real nice guy) we were on our way again. When i got home i called allstate to set up a claim and they told me it would be a $900 deductible with my insurance. I told them that i wanted to set it up under his policy because it wasnt my fault. The guy argued with me for close to 30 minutes about how i was at fault and the debris was avoidable like he was there driving with me! He continued to say that the officers, who WERE at the scene, were wrong for telling me the other guy was at fault.


Have any of you had experience with insurance companies like this? I was pretty upset with the agent and asked to speak with someone else but he said that who ever i talk to will agree with what he said and i will have to use my policy because i was at fault. Is this true?

Thank you!
 

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if it falls off the vehicle it is an unsecured load, if it a blow out, blow up it is not!
 

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Discussion Starter · #3 ·
Would that make a difference to the insur. company? Either way it came off his vehicle and caused damage to mine.
 

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Lost a windshield that way. Flagged down a cop,pointed out the offending truck. The cop told me it is a traffic incident,call my ins. co. They would'nt write a accident report on it.
 

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Discussion Starter · #6 ·
We both have allstate and my parents say they are just trying to screw us into using my policy and pay the $900 deductible instead of them having to pay for it all if I filed a claim under his policy. I think the blow out is considered accidental too, but I would still be able to file a claim under his policy right? Just like if he accidently collided into me?
 

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I had a similar situation occur in Tucson. My tire threw a rock and put a good fist sized hole in a guy's windshield. He flagged me down and called the cops in the process. He didn't have window coverage and was trying to get my insurance company to pay for it. Officer told him to take it up with the insurance companies. My insurance company told him to pound sand and that AZ is amongst the top states for window replacements due to rocks (at least that's what my agent told me).

Like Boat Cop said, I'm pretty sure the driver is only liable if the damage is from an unsecured load.

The real question is if YOU had a blow out and it caused someone else damage to their vehicle in ANY way, would YOU want a claim put against your insurance (including a potential increase in your rate)? I know it's a catch 22 but such is the insurance business. The next step is to hire a lawyer and sue due to negligence to maintain their vehicle in a road-worthy manner. You can actually sue both his and your own insurance company for not covering your situation! Now we are talking some real $$ but you may not win! Another catch 22! Gotta love the system.

Getting that deductable down if possible would be a good start though, it might be your age (not sure how old you are). With those details Ghetto is probably your best reference like Del said.

I know it sucks, I have been on the recieving end of a minor accident where the other guy didn't have insurance, I got screwed needless to say but my insurance co. didn't!
 

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At American Family Insurance they have agents that fight for their clients in situations like this. I feel a quick pm to ghetto rig ( Tai Au) may be in store for a clear definition of this situation and non legal advice on how to handle it. At American Family Insurance it is all about you, the customer......

No endorsement fee was exchanged for this post, I am not just a zoner, I am a American family policy holder
 

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citation for blowing a tire????? I could maybe see that if the officer observed the other tires and they were bald and in need of replacement, unsafe vehicle???? but just having a tire blow for what ever other reason sounds weird.

Sounds like allstate is trying to screw with you (saving money) so they can advertise more on t.v. about being the "cheapest" insurance company?
 

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if you have a police report putting the other driver at fault you have to wait til his insurance assumes liability for the claim. you dont need to contact your insurance unless you plan on letting them fix your vehicle/trailer now and letting them go after the other insurance co. to cover the claim and reinburse your deductible. it usually takes a couple of weeks for it all to pan out if you want the other insurance to cover it. if you are in a hurry go through your insurance and pay your deductible. if not contact HIS insurance start the claim process and keep on them.
 

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Wayne arnett. Bad faith insurance law. 480-839-4600
 

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Discussion Starter · #15 ·
if you have a police report putting the other driver at fault you have to wait til his insurance assumes liability for the claim. you dont need to contact your insurance unless you plan on letting them fix your vehicle/trailer now and letting them go after the other insurance co. to cover the claim and reinburse your deductible. it usually takes a couple of weeks for it all to pan out if you want the other insurance to cover it. if you are in a hurry go through your insurance and pay your deductible. if not contact HIS insurance start the claim process and keep on them.
We both have allstate.
 

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We both have allstate.
i understand,it should only make it a little easier/faster. the other person does HAVE to put a claim in though. if he fails to you have to persue it via the police report and calling allstate.usually dont get the actual police report in 7-10 days. if you already have it give allstate a call tell them the situation but dont mention that you also have allstate until its understood that you are the claimant-not the insured.it doesnt make a bit of difference that you also have allstate as insurance,it sounds like they are getting confused as to who is who.if there is a DRP(direct repair) shop in your area that you can get an estimate from they can also help you get it all strait.if this isnt real clear shoot me a pm and i'll give ya a call.
 

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After this is settled I'd drop Allstate and go with AM-Fam. I did after fighting with Allstate over a boat claim. I recently had a boat claim with Am-Fam (13000 in damages) and no problems. I had put that boat on my policy the day before the damage occurred. They looked it over said take it in. I was with Allstate over 10 yrs. glad I didn't have to deal with them I'd still be arguing instead of fishing. Good Luck!
 

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If you are going to turn in a claim, call his agent and let them know his customer did damage your car. If you call your own agent and turn in a claim they turn it in under your policy, and the deductible applies.

I had a guy run over the cones out by Pleasant and send the bottom of the cone through my grill on my F150, I am out of pocket myself and I am a Inusrance agent.
 
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