I got into an accident two weeks after being backed into. What now?

[orthodoxcrusader]

For context two weeks ago I was backing out of my driveway behind my friend who was also backing out, that backed into me causing a little damage to my bumper and hood he admitted fault his insurance said they would pay for damages ges and a rental Fast forward to yesterday, I went to cross an intersection with a blind hill and was t-boned, which caused me to hit the guard rail head on, and the same car that Tboned me then smashed into me again and I am almost sure they will deem this a total loss. What happens with the previous claim I had with the other insurance since I hadn't gotten an estimate done yet? I have pictures from being backed into and pictures from the recent accident as well but I'm not sure if this previous claim will get thrown out or how they will go about this. Any ideas?

 

[hanbo]

@orthodoxcrusader He’s right but retain a lawyer if you haven’t yet.

 

[orthodoxcrusader]

@hanbo Can you explain why you think a lawyer will be needed? Just wondering. The first claim I was not at fault and this most recent accident that most likely totalled my car has yet to be determined (but my insurance company stated they can't prove if he was speeding if it's not listed in the police report) if they can't prove he was speeding then there will be no way to prove fault of the other driver. Even though he swerved left into oncoming traffic crossing his double solid line and Tboned me while crossing an intersection they still said I will likely be at fault.

 

[hanbo]

@orthodoxcrusader Compensation for losses you’ve suffered monetary losses resulting from such accident. Which insurance will skimp out on paying all though for pay for such protections. The determination of Fault will also be helped with a lawyer arguing your position and getting the evidence to support it.

 

[orthodoxcrusader]

@hanbo I am seeing that now, I have been offered a crazy low amount for my 2023 Kia forte gt line that I bought brand new and had for 9 months. I am said to be at fault because geico states they cannot prove the other driver was speeding. With a lawyer I assume they would be able to prove these things even though the insurance says it's "nearly impossible"? I can say very confidently that the other driver was going well over 40 mph. Even based on the damage to my car itself says a lot. The insurance states I am 90% at fault the other driver is 10% without the other driver admitting to speeding (which he will not I can assume) Even then they stated it would be about 70% my fault and 30% the other drivers fault if speeding since I was at a stop sign, (to the left was a blind hill) I must yield the oncoming traffic no matter what I did pull into an intersection going straight attempting to cross the four lanes (two lanes on each side of the rd) and the driver came over the hill very fast and swerved left into oncoming traffic, although there was an open lane to the right of them. None of this would have occurred if the speed limit was followed or if the driver didn't go directly into oncoming traffic, but the intersection is said to have about 1-2 accidents a month I am unsure why the town hasn't found any issue with this. I have kind of just not seen anything worth fighting, but at this point with the amount of my car and then the other drivers vehicle on top of that I think it may be beneficial to lawyer up.

 

[hanbo]

@orthodoxcrusader The insurance will do and say anything to that compensate you. If any fault it should be 40:60 personally I think. But even when I sold cars, if it’s a fender bender deal with it amongst the drivers so you don’t deal with the extra headaches but if it’s more than that let a lawyer handle it. The adjusters job is to make sure the insurance comes out of pocket as little as possible. I wish you good fortune and if hurt follow up with treatment. Pain from an accident can take weeks to pop up.

 

[davelew86]

@hanbo No injuries are mentioned. Why is a lawyer needed?

 

[divad]

@orthodoxcrusader No longer an adjuster, but here’s what I believe will happen. His insurance will likely be responsible for paying out that very small portion of the value of your car. His insurance will likely speak with the other party’s insurance to determine the amount each is responsible to pay you.

 

[orthodoxcrusader]

@divad Thank you, that makes the most sense. I just wasn't sure if I would have an issue getting this claim to be covered with one already open previously that wasn't yet taken care of.

 

[orthodoxcrusader]

@divad As far as the rental do you think since they already approved me for 20 days in a rental through a local enterprise am I still able to go pick up that rental while they estimate my car?