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Discussion Starter #1 (Edited)
So I've had ACI since 2013 when I got my Mustang and have never had to use it. Few weeks ago, I got into an accident with a co-worker.

I was backing out into a one way parking lane. I looked to make sure no pedestrians and any car coming from the one way so I turned left to look for car and pedestrians. Then I felt my car shook and a bang. My co-worker was driving the wrong way so I didn't see her because I wasn't looking to my right for wrong way drivers. I had a feeling she's going to deny any blame because I was backing out and somehow didn't feel that she was driving the wrong way caused the accident. Both her doors was dented in and her rear quarter. I had a small dent by the bumper and the bumper was scratched and pushed about an inch.

ACI doesn't do their own claims but farm it out to Assurance and the adjuster I had didn't contact the other company even after I gave him the contact info. Then he went on vacation and I was not notified until I called him and got his voicemail saying he's on vacation. Also they used CJ Pony Parts for their pricing and the bumper they recommended had 2 reviews and both 1 star because they didn't fit. I bought the bumper from NPD along with the quarter extension. They did adjust the difference to the final amount. They did sent the check to me quickly minus my deductible.

Picked up my Mustang today and was satisfied with the result. This evening, I got a letter from the other insurance company saying they find me 100% at fault. It's possible they never talked to anyone from Assurance/ACI and made up their own decision because Assurance/ACI was not aggressive with the claim. I'm going to fight it all the way because if they're saying because I'm backing up, it didn't matter that their client was driving the wrong way and that I hit her car. It's like saying if someone ran a red light and I ran into that car, I'm at fault because I ran into that car and not take into consideration that car ran a red light.

Just letting members know my experience of ACI so they can decide if they want to use ACI or not. Reason I use them is because they allow me to park in a community garage and 5K miles per year with an agreed value.
 

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About 3 weeks ago I had a towing claim and use of a rental car on my American Collectors policy. The claim was also processed through Assurance and I was reimbursed within two weeks. Perhaps the issue is your adjuster, not American Collectors Insurance as a whole.

Gary
 

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An awful lot of insurance companies will deny your claim the first time through, and usually on pretty flimsy and inappropriate excuses. I once had a situation in which I was trying to make a left hand turn onto a road from a QT parking lot. I was stopped, waiting for traffic, and a big pickup (who could not see my low-slung MR2, because he never used his side mirrors or looked behind him) backed into my rear passenger side quarter panel.

It seemed pretty clear cut to me, but they denied the claim! The agent said, "You made no effort to warn the driver of the truck."

So I talked it through. "You're telling me that while pulling out into traffic, making a left hand turn, I was supposed to be looking over my shoulder behind me too?"

*long silence*

"We are going to approve this claim."

Darned right.
 

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Discussion Starter #4
About 3 weeks ago I had a towing claim and use of a rental car on my American Collectors policy. The claim was also processed through Assurance and I was reimbursed within two weeks. Perhaps the issue is your adjuster, not American Collectors Insurance as a whole.

Gary
It could be the adjuster but the whole process was new to me. I don't like the mobile app to file the claim. I understand they are small and can't be everywhere but the app was limited in how many pictures you can take to show all of the damages. The claim was paid the same week I got the estimate so they paid quickly and it wasn't a lot of money but the adjuster not contacting the other company or go on vacation and not a word to the people he was handling is bad practice.
 

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Discussion Starter #5
It seemed pretty clear cut to me, but they denied the claim! The agent said, "You made no effort to warn the driver of the truck."

So I talked it through. "You're telling me that while pulling out into traffic, making a left hand turn, I was supposed to be looking over my shoulder behind me too?"

*long silence*

"We are going to approve this claim."

Darned right.
I hope that's the outcome for my case too. I'll be calling the other company's adjuster this morning and will attempt to call my adjuster if he's back from his vacation to see where we see things differently and how the other party going the wrong way doesn't make her 100% responsible. If they don't budge, there's an outside, neutral agency that review claims that people dispute to see what they think.
 

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Of course they’re going to find you at fault, they don’t want to pay out. My wife was on a main road waiting for on coming traffic to pass to make a left turn, she had her directional on. As she made the left, the guy at the stop on the road she was turning on came out from the stop making a left hitting my wife. My wife was found 40% at fault. Talking with out insurance company it was a simple matter the other company wasn’t going to pay the remaining 40%. It would cost our company more then that in legal cost to get that 40%.
 

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I'll bet the Insurance company will still blame you, in your post you said you didn't see the other car. Would you have hit her if you saw her car? even if she was going the wrong way?
 

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I heard, and it sounds reasonable to me, that the adjusters pay is based on what they DON'T pay.

I had an adjuster try to settle my totaled car (other person ran a red light) with "similar" cars listed online. Being a "no fault" state I was dealing with my insurance company. After a few go-rounds we settled @ about 25% more than his original offer.
 

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It could be the adjuster but the whole process was new to me. I don't like the mobile app to file the claim. I understand they are small and can't be everywhere but the app was limited in how many pictures you can take to show all of the damages. The claim was paid the same week I got the estimate so they paid quickly and it wasn't a lot of money but the adjuster not contacting the other company or go on vacation and not a word to the people he was handling is bad practice.
The adjuster who handled your damages may not be the adjuster who determines liability.
 

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My dad who lived in florida had the exact same thing happen to him-other driver going wrong way in parking lot and my dad went to court but judge ruled his fault because he was backing up that's why I always look both ways while backing up. The law is not your friend , sorry. Wes
 

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So I've had ACI since 2013 when I got my Mustang and have never had to use it. Few weeks ago, I got into an accident with a co-worker.

I was backing out into a one way parking lane. I looked to make sure no pedestrians and any car coming from the one way so I turned left to look for car and pedestrians. Then I felt my car shook and a bang. My co-worker was driving the wrong way so I didn't see her because I wasn't looking to my right for wrong way drivers. I had a feeling she's going to deny any blame because I was backing out and somehow didn't feel that she was driving the wrong way caused the accident. Both her doors was dented in and her rear quarter. I had a small dent by the bumper and the bumper was scratched and pushed about an inch.
I think I have a pretty good grasp and drew a diagram that makes sense, given your description of what happened.
There's a couple ways of looking at "fault" in this accident. The one school of thought is she shouldn't be traveling the
opposite way in a 1 way drive..... so she is at fault for "being where she shouldn't be." (you're backing up properly, watching
out for things that constitute a hazard in the direction you are backing)
The other school of thought is that you weren't vigilant enough when backing and didn't see someone from a direction they
should not have been coming....... so at worse it's comparable negligence.

Those are the two most likely responses at the "insurance" company level if an inside adjuster was scrutinizing this incident.
 

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I think you should accept the outcome. You can't compare a moving violation on a public road to what happens on private property. Mistakes were made here, but no laws were broken. Luckily it was a car you didn't see and not a pedestrian. Maybe you are trying to protect your good name or your driving record. It was a minor accident by all accounts. I would try to avoid filing an accident report with your State if possible. An accident report in my State is public information that insurance companies use against you just because it's there. Even the accident wasn't your fault. Even if a court has determined it wasn't your fault. Insurance companies suck...
 

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Discussion Starter #13 (Edited)
So I called my adjuster and he was still on vacation. Called the other party's adjuster and asked her to explain why they find me 100% at fault and the other driver was at no fault even though she was driving the wrong way? She kept saying because I was backing out and people backing out should take all precaution to not hit anyone. She also said the other driver felt there was enough space for 2 cars in that lane. I asked her if I was driving the wrong way down the street and she hits me, is she at fault? She said it wasn't the same since I was backing out. I told her that there was a car to my right and I backed up slowly but I was keeping my eyes on the direction that cars are rightfully allowed to drive and not taking my attention away to look for people breaking the law and drive the wrong way. I asked her if she has talked to anyone at my insurance company since my adjuster was on vacation and she finally said she did talked to someone but the person didn't have any info. So I guess since my adjuster was MIA, they made the decision on their own. I told her that I filed a complaint with the California Department of Insurance that morning to have them look into the way the insurance company decided on my case and then she started to ask me for more info. Then she asked me for info of the parking lot and where I was. I told her I've screenshot the picture of google map and have drawn my position and the other car's direction and have submitted with my complaint and I can send that to her. I also told her I will try to get the building's video footage for my case if I end up going to court. She said I should try to get my adjuster to contact her when he gets back from vacation. Anyways, I sent her the screenshot which is the same one below. We'll see where it ends up.
 

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Yeah. Your photo is pretty much what I drew in my diagram.....
 

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Is this ACI co the one the writes your liability policy? They are the ones who really matter after the money part.
Yes, you should have looks both ways several times before moving. Yes, the co-worker deserves a beach slappin'.

There is also the "last clear chance of avoidance." Even if you have the ROW you cannot cause something reasonably avoidable. Like say you saw it coming and stopped, the other person should have reasonably be able to avoid- unless they were reckless or distracted.

Now, the way you can win- as if anyone really cared because this argument and the time to fight it is more costly than both the cars combined:) She was driving recklessly! Not only was she going the wrong way but was going at an unsafe speed! Look at the three, yeas threee different panels that were damaged on the co-ed unt's auto. Do we need to subpoena her cell records because a witness #2 might have seen her driving one handed and looking down.:shrug:
Anyway... imagine if a child were walking from out behind a car as she came racing around the corner at that speed. That speed that was so fast and careless that she dragged her car- with a bang and screeching across it, non-stop, for 8'. Thats 8' AFTER impact, as the chrome and steel cried out in agony before she could stop from this unnecessarily high speed It only takes 1 foot too far to kill a person so she was at least 4X as reckless as is acceptable! Backing out is slower than a person walking!
-Feet per sec? Distance she covered from time of looking one way to the other.
-Reckless she was!
Now, lets see the pics and see if it was your fault or not:nerd:
 

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The claim process is very trying for any type of vehicle that has been damaged. Add a classic car to the mix, and the tension and frustrations are multiplied several times over.

During the 20+ years I've been insured via Hagerty I've had the occasion to make 2 claims. On both occasions I needed to call Hagerty and plead my case vs. what the independent adjuster had decided. My issues revolved around the type of replacement parts. Using run of the mill reproduction parts would have eroded my cars value, imho. I wanted to get NOS or good used Ford manufactured parts, both of which were pricier than new repro parts.

On both occasions the Hagerty representative saw my point(s) and overruled the adjuster. I don't know what else they could do, what more they could do, to ensure my loyalty as a satisfied customer. Even if they had not settled my claims 100% to my satisfaction, I felt like they listened to me, and not just the company's bottom line. That in itself is rare today.

Z.

BTW, both claims were the result of my carelessness. Didn't matter to Hagerty.
 

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I have had ACI for 20 years or so. Have had only one claim and it was for towing, my policy covers up to $150/event but they paid the complete $230 bill no questions asked.

So, I assume this accident happened at work? No issues with that? Most policies state you can't drive your car to work, but have not seen that with ACI.
 

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im an insurance agent.
most smaller or regional companies use outside or 3rd party adjusters nowadays.

nothing wrong with it . actually it speeds up the process b/c they can get there in a day or two.

back in the day we used to wait for a company employee adjusters for 2 weeks and sometimes more.


about 5 yrs ago I left haggerty b/c of price and went to ACI. was about 40% less.

haven't had a claim yet thank god.

each state has different ways they handle comparative negligence claims

about 20 yrs ago in NY my client had a green light. ( we had 2 impartial witnesses)
Other guy jumped the red to make a left turn in front of him and on coming traffic.

My client T Bones him right rear quarter panel. they ruled that since the other guy was 3/4 the way though the intersection my client should have stopped even though the other guy blew the light.....go figure
 

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Most policies state you can't drive your car to work, but have not seen that with ACI.
Back many moons ago I had a policy that was very limited on when you could drive it. I didn't push the limit but maybe once a year would take it to work. If I got pulled over or stopped I could just say that I was "testing and tuning."
 

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Another perspective. If you and the facts support the idea that she was 100% at fault, did you consider filing a claim against her insurance for your damage? Under the terms of your policy you would likely still need to notify your carrier of the loss. In this case, by pursuing your claim directly with your carrier, you subrogated your claim to them and they then get to decide if they want to seek reimbursement. If comparative negligence comes into play the apportionment of liability sometimes makes fighting it harder to justify. At this point, you have been compensated by your carrier less your deductible(?) so that is the net amount in play for you. While the other driver's adjuster tagged you with 100% liability, what did your adjuster conclude about comparative fault?
 
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