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Just some guy
67 coupe, 69 Sportsroof, 86 hatchback
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Hmmm. My daughter was motoring along at 50 mph and an elderly gentleman turned right out of a street right in front of her. She was unable to keep from piling into the back of his car. The sheriff's deputy who was behind her was happily able to keep it from being a three car accident.
The man's insurance company paid off her totalled car without a peep. Choosing not to dispute the word of the main witness to the accident nor his dashcam evidence. At no time was it ever suggested that the driver "behind" was at fault.

Just a real world sample situation of an exception to the rule that the following driver is to blame. As dashcams become more prolific there will be even more exceptions too I expect. There is already evidence that dashcams are diminishing insurance scams like "swoop and squats" that could be put over when it was just my word against your word.
 

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Discussion Starter #62
So I get a follow up email from Insurance commission of NC (basically a copy of State Farms response) and they confirmed their original story and then "we had an additional claims specialist review the claim- and it was determined that Mr Zahm indeed had no fault in this accident" Kinda funny that it takes a government agency looking over their shoulder to make things right- But for anyone else going thru this- check with your states Insurance Dept/COmmission - or whatever it may be called, and give them a little nudge. Now to see if they play with me on the $$ part.
 

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Postulating that "their word against your word" is another line of crap equivocation probably first used by an insurance company to escape liability.
 

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I just watched the move "The Rainmaker" again last night......insurance company modus operandi - deny, deny, deny.

Hope everything is settled fairly in your favor.

John
 

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I've gone through this at least 3 times with my DD, 2 out of 3 I fixed myself short of paint for the new bumper cover. I found out what the cutoff was for totaling it (possible salvage title) and my shop came in under that 50%.

The newest being my daughter's '09 Mustang, it was above the 50%? value to be totaled/ salvage title (she rear ended someone) so I bought it back and got the cash for the repair from ins (SF believe it or not). In TN once a car is >10 years old my insurance guy told me the state may opt not to do anything to the title (salvage stamp) and they didn't. I had the car repaired at my local friendly shop and supplied some of the parts to keep cost down. Car is fixed with title intact. I don't think the insurance company can do anything to your title officially. They may put in their records that they had to pay out on a salvage level damage.
 

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Discussion Starter #66
hopefully this is the last update:

Snake Harm Ins is not a very good neighbor- They accepted responsibility but of course want to total and won't offer much at all for compensation (so I can hire a lawyer on my dime and roll the dice-) or.....
Hagarty- Has stepped up and is not only going to fix the car but aren't going to require the title to be 'salvage"- My insurance isn't going up as a result- They are doing what I think we all expect when we insure with a "antique/classic policy"- It took a while but I am super happy at this point and the car will be back to 100% without a dime of my money!

Things I learned
Insurance companys will screw you (well I knew that- but this kinda drove the point home)
Hagarty is actually on my side and is doing what should be done IMHO- I will continue to do business and recommend them
Most importantly- pay attention to the 70% clause (or whatever the "total loss" is in your policy) All this could have been avoided had I realized and adjusted the value of the car prior to the accident. Watch the prices and values of your cars and consider how much you would need to buy one just like it- (if you can't buy one for the insurance money- you should consider upping your value) I hope no-one else has to go thru this- but the value "creeps" up as you are working on things and its an easy thing to forget about or just not realize-
 

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Great news.
Now Hagarty will seek reimbursement from Snake Harm. But that won't involve you or cost you anything (ok, maybe a little time at some point).
 

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Im all in favor of sticking it to the big guy:) If you knew Hagerty would go after SF I might take the easy route.
I use SF for decades now and haven't had issues as of yet, but I'm in a different state which makes the rules. One thing SF might have in mind is that as I read the process is anything that they fix they are then on the hook for and must warrant all the repairs so its not just the initial repair cost, in Texas anyway.
You've won the first step of getting zero fault on you. Im curious as to how SF is valuing the car and repair, although Im happy with them I would exhaust all options to make them pay including trying to get a valuation that would make the repairs inside whatever window they have before a total loss. Maybe even agree that once paid for you absolve them of further claims for that incident.
 

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I know if SF played any more hijinks I would be letting them know just how much my neck and back are hurting....

John
 

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1966 Mustang GT 4sp Nightmist Blue
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Great to hear!! I think I’m making a call tomorrow to increase my coverage with Hagerty.

Chris
 
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