So I had an accident

CaptainToo

Well-Known Member
After some 7,000 rides, I had my first accident yesterday. While driving a passenger, another vehicle pulled out of a side street and we crumpled fenders. No one was hurt and I let the pax sit in back until another Uber arrived to to take them. Although every warning light was on, I drove my car to a neighborhood auto body shop. I have a a dashcam of the accident and believe the other driver is 100% at fault.

I completed and submitted the Uber accident report with photos of my car, the other car and the location. Interestingly Uber request and accepts no information about the other party involved. The past day I have gone in circles trying to work out a rental, none of the Uber or Hertz contacts are useful. So I am heading to the GLH where I hope to resolve the rental and find about the deductible, loss of income, and rental costs relative to whos at fault and what next.

I'll update this tread as events proceed.
 

64opel

Well-Known Member
Most important thing is that you are okay, but I wish you the best, I had one accident 2 years ago, no my fault as the other driver was driving on the wrong side of the road.
Took me 4 weeks and a half million phone calls to get my check mailed, minus the deductible
 

CaptainToo

Well-Known Member
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  • #3
Most important thing is that you are okay, but I wish you the best, I had one accident 2 years ago, no my fault as the other driver was driving on the wrong side of the road.
Took me 4 weeks and a half million phone calls to get my check mailed, minus the deductible
So you found you had to pay the deductible even though the other driver was at fault? Was that opinion disputed or does James River not care? This is not how our personal insurance works, as far as i know, its been a long time since I used my personal auto insurance. Did you end up with any points on your license?
 
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CaptainToo

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Hope you have the right coverage for rideshare or it's gonna suck dealing with insurance.
I have ridesharing on my personal auto policy, however as the accident was a part 3 situation (pax in car) I shared only the James River policy info with the other party. I am not sure how/whether my personal insurance would become involved. I am very concerned about how dealing James River may not be like any of my previous experiences with auto insurance.
 

64opel

Well-Known Member
They don't care, wasn't my fault, still grabbed the deductible, no impact on my driving record
 

E30addixt

Well-Known Member
I have ridesharing on my personal auto policy, however as the accident was a part 3 situation (pax in car) I shared only the James River policy info with the other party. I am not sure how/whether my personal insurance would become involved. I am very concerned about how dealing James River may not be like any of my previous experiences with auto insurance.
Your best bet is to deal with the other drivers insurance company directly if you think the other driver is at fault. I found the video to be key when I got smashed last Sept. My insurance company and whoever Lyft had (I forget the name) agreed it wasn't my fault but wanted the deductible up front to fix my car. I dealt with the other drivers insurance directly who implied I was at fault until I sent video over. Their tune changed and I got reimbursed for the rental I could still Uber with and my car fixed for zero out of pocket.
 

Jaackil

Well-Known Member
So you ofund you had to pay the deductible even though the other driver was at fault. Was that disputed or does James River not care? This is not how our personal insurance works, as far as i know, its been a long time since I used my personal auto insurance. Did you end up with any points on your license?
You are right it is not how your personal insurance works but the coverage through Liberty Mutual they replaced James River in Ma is not personal coverage it is a group policy. Group policies are not subject to or regulated by the Insurance commisioner of the Commonwealth. Completely different rules. Actually because they are not regulated there are no real rules the group carrier makes the rules. So my understanding is this. There is always a $1000 deductible with Liberty Mutual ,because they are a secondary coverage or put another way they are not first dollar coverage. (Yes I know there are some exceptions to the deductible but forget those for now because it does not apply to fault.). It does not matter who is at fault. Your personal coverage is primary. In the case where you are not at fault your primary pays up to the limit of the Liberty Mutual deductible. That is provided you have a ride share rider. This is the whole reason to have the ride share rider it’s also why the rider is relatively cheap. They are not at risk for the whole loss. Without the rider two things happen 1st you are responsible for any deductible through Liberty Mutual if you are not at fault and second your primary carrier can not cancel you but they can refuse to renew. It’s a slight but distinct difference. Any driver driving without the ride share rider is gambling in my opinion. Not saying anyone should or shouldn’t carry the rider. That is your own decision but if you don’t you are taking on the risk.
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They don't care, wasn't my fault, still grabbed the deductible, no impact on my driving record
They don’t care because that is the way the coverage works. If you have a Rideshare rider You can file a claim with your own company and if you were not at fault they will pay the deductible. Additionally if you have a ride share rider you could have done the whole claim through your own company and they would pay the claim and subrogate to Liberty. That way you would not pay a deductible if you weren’t at fault or if you were at fault only be subject to the deductible on your own policy which for most of us is less than $1000.
 
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CaptainToo

Well-Known Member
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I missed the switch to Liberty. Did Uber send a notice at the end of the year? I handed out the James River policy info to the other party...
 

BillyTheKidd

Well-Known Member
You are right it is not how your personal insurance works but the coverage through Liberty Mutual they replaced James River in Ma is not personal coverage it is a group policy. Group policies are not subject to or regulated by the Insurance commisioner of the Commonwealth. Completely different rules. Actually because they are not regulated there are no real rules the group carrier makes the rules. So my understanding is this. There is always a $1000 deductible with Liberty Mutual ,because they are a secondary coverage or put another way they are not first dollar coverage. (Yes I know there are some exceptions to the deductible but forget those for now because it does not apply to fault.). It does not matter who is at fault. Your personal coverage is primary. In the case where you are not at fault your primary pays up to the limit of the Liberty Mutual deductible. That is provided you have a ride share rider. This is the whole reason to have the ride share rider it’s also why the rider is relatively cheap. They are not at risk for the whole loss. Without the rider two things happen 1st you are responsible for any deductible through Liberty Mutual if you are not at fault and second your primary carrier can not cancel you but they can refuse to renew. It’s a slight but distinct difference. Any driver driving without the ride share rider is gambling in my opinion. Not saying anyone should or shouldn’t carry the rider. That is your own decision but if you don’t you are taking on the risk.
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They don’t care because that is the way the coverage works. If you have a Rideshare rider You can file a claim with your own company and if you were not at fault they will pay the deductible. Additionally if you have a ride share rider you could have done the whole claim through your own company and they would pay the claim and subrogate to Liberty. That way you would not pay a deductible if you weren’t at fault or if you were at fault only be subject to the deductible on your own policy which for most of us is less than $1000.
Jaackil, on a serious note, this is great info, thanks for sharing.

On a not so serious note, didn't you make a new year's resolution to start use paragraphs?
 

CaptainToo

Well-Known Member
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So I've been at the GLH for an hour and still no idea when I may speak with someone.
But from reading this thread it appears to me that insurance through Uber/Liberty is going to leave out at least $2,000, being the deductible, several days of loss of income and two weeks of rental. Yikes

I know MA us a no fault state, I never paid much attention to what that means because I always felt my personal auto insurer had my back.

Does anyone know if I can file directly with the other party insurance (the at fault party) and just skip Uber and get these costs covered?

I have a rideshare rider, should I take this claim up with my insurer directly?
 

64opel

Well-Known Member
So I've been at the GLH for an hour and still no idea when I may speak with someone.
But from reading this thread it appears to me that insurance through Uber/Liberty is going to leave out at least $2,000, being the deductible, several days of loss of income and two weeks of rental. Yikes

I know MA us a no fault state, I never paid much attention to what that means because I always felt my personal auto insurer had my back.

Does anyone know if I can file directly with the other party insurance (the at fault party) and just skip Uber and get these costs covered?
Yes you can
 

Goodellsux

Well-Known Member
So I've been at the GLH for an hour and still no idea when I may speak with someone.
But from reading this thread it appears to me that insurance through Uber/Liberty is going to leave out at least $2,000, being the deductible, several days of loss of income and two weeks of rental. Yikes

I know MA us a no fault state, I never paid much attention to what that means because I always felt my personal auto insurer had my back.

Does anyone know if I can file directly with the other party insurance (the at fault party) and just skip Uber and get these costs covered?

I have a rideshare rider, should I take this claim up with my insurer directly?
Yes you can go directly to the other persons insurance company, as long as it is their fault. The way I understand it by your description is that you were on a main road and that person pulled out of a side road and you crash. In that case, it should be considered the other person’s fault. You did not mention police, but if they were there and that person admitted to pulling out while you were going to buy, they likely would have been ticketed for “failure to yield to oncoming traffic”, and that would’ve put more than 50% of the blame on them. Be aware that the other person may lie to their insurance company, so if you show them the dash cam footage, and they clearly pulled out when they should not have, they should cover it without any issues.

If you go through your own insurance company, or through James River, and they find the other driver more than 50% at fault, then they will pay it and subrogate against the other person for reimbursement. Depending on the company, if the other person is at fault, they will pay the deductible so you do not have to dish it out
 

IMMA DRIVER

Well-Known Member
Yes you can go directly to the other persons insurance company, as long as it is their fault. The way I understand it by your description is that you were on a main road and that person pulled out of a side road and you crash. In that case, it should be considered the other person’s fault. You did not mention police, but if they were there and that person admitted to pulling out while you were going to buy, they likely would have been ticketed for “failure to yield to oncoming traffic”, and that would’ve put more than 50% of the blame on them. Be aware that the other person may lie to their insurance company, so if you show them the dash cam footage, and they clearly pulled out when they should not have, they should cover it without any issues.

If you go through your own insurance company, or through James River, and they find the other driver more than 50% at fault, then they will pay it and subrogate against the other person for reimbursement. Depending on the company, if the other person is at fault, they will pay the deductible so you do not have to dish it out
This ☝
 

Stevie The magic Unicorn

Well-Known Member
I have ridesharing on my personal auto policy, however as the accident was a part 3 situation (pax in car) I shared only the James River policy info with the other party. I am not sure how/whether my personal insurance would become involved. I am very concerned about how dealing James River may not be like any of my previous experiences with auto insurance.
Congrats, i've never seen someone correctly give out insurance for an uber accident,

until now...

That's actually the 100% correct thing to do and is correctly giving every party the correct insurance details.
 

SoxFan79

Member
What if you have Liberty Mutual as your personal insurance? Does that make it easier since it’s the same company?
 

Jaackil

Well-Known Member
Yes you can go directly to the other persons insurance company, as long as it is their fault. The way I understand it by your description is that you were on a main road and that person pulled out of a side road and you crash. In that case, it should be considered the other person’s fault. You did not mention police, but if they were there and that person admitted to pulling out while you were going to buy, they likely would have been ticketed for “failure to yield to oncoming traffic”, and that would’ve put more than 50% of the blame on them. Be aware that the other person may lie to their insurance company, so if you show them the dash cam footage, and they clearly pulled out when they should not have, they should cover it without any issues.

If you go through your own insurance company, or through James River, and they find the other driver more than 50% at fault, then they will pay it and subrogate against the other person for reimbursement. Depending on the company, if the other person is at fault, they will pay the deductible so you do not have to dish it out
Most of what you are saying here is correct. As a matter of fact nothing you are saying is really wrong But with the Rideshare insurance we have whether through JR or LM. It says right in the app You are responsible for the $1000 deductible. No the other persons insurance is not going to write you a check to cover it. The only way it gets covered is if you have a ride share endorsement on your own policy. Your own company then pays that part. The other way you can try to avoid the deductible is go directly to the other persons company and hope they pay for 100% of the damage but they are technically not paying the deductible you are bypassing it. What they most likely will do is pay as close to $1000 less then you are entittled to and you won’t even know it. How does the average person know if the cost to repair a car is $9000 or $10000? Does the average person know the difference in price between LkQ and OEM parts? Does the average person know how to calculate prep and paint time? What about blending time? There is a lot that goes into the cost of a car repair. All most people know is if the car looks good or not. But I can tell you from experience on a $10000 claim there are lots of ways for a shop to cut corners and save a couple of thousand and the car will look the same at least for a while. This is why it is not always wise to go through the other persons company. Mass is not a true no fault state. In a true no fault state your own company pays for your loss and it ends there. In Mass we have subrogation which you described perfectly. You go to your company they pay you and then the insurance companies fight it out over who pays what. Actually Mass does this really well. Many other states every fender bender ends up in litigation but the Mass system is pretty fair and it has eliminated most of the litigation. So why not go to the other persons company if you were 100% not at fault? Because of something called fiduciary responsibility. Which is basically the company that you pay has a legal and binding contract with you. This is important. The other persons company has no legal binding to do anything for you. When they pay you it is a settlement not a claim payment. Just like you read about out of court settlements. Basicly they are writing you a check to make you go away. When your own company writes a claim check they do so under the contract you have with them so you have much stronger legal standing. You also have the weight of the insurance policy which is a legal binding contract between you and them. You never entered into any legal contract with the other persons company. That gives the other persons company more leverage to not pay you all you might be entittled to. In the real world does that happen a lot? No but can it? Yes. Can the other company jerk you around more than your company? Yes. Will they? It depends on the claim, how much it is for and how much their insured is at fault. So you go to another persons company, their insured is 100% at fault you get your car fixed they pay $10,000. 2 months later you find you have a bent frame that wasn’t fixed correctly Which can happen even at the best shops they can miss something. You go back to their insurance company they say buzz off you agreed to the settlement. You take them To court and the judge will ask 1 question. Did you accept the $10,000 check as a settlement? You say yeah but... The judge says sorry you settled for the $10000 you are done. Turn it around you went to your own company you go back to them and say my car is not right they say ok take it to the appraiser and he will write a supplement. We had a contractual agreement with you to fix all damage related to that accident. Before anyone decides to argue this point with me. I admit this is worse case dooms day scenarios that happen maybe 1% of the time. But who wants to be the poor sucker in the 1%?
Sorry for this long winded post but this is an important topic for all drivers. Driving ride share we increase our exposure to risk exponentially. I have said this before I encourage all drivers to take their policies out and read them make sure you know in advance what your are covered for and what you are not. Understand how the ride share insurance works and how it works with your own personal coverage. You don’t want to be finding out for the first time when you have an accident. Also please call your insurance company if you don’t have a ride share endorsement and ask about it. At least look into and find out how cheap it is because it can be really expensive to not have it.
PS Billy no paragraphs because it is late and past my bed time and I didn’t feel like it.
 
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E30addixt

Well-Known Member
My insurance company and the other drivers both estimated the car and came within $100 of each other. Considering how you can choose the body shop there shouldn't be that much opportunity for the other company to screw you. The only issue might be fighting on the value.

Liberty Mutual rolled right over as soon as I pushed back a little. They knew I had them over a barrel and got off easy all things considered, so that might have helped.
 
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