Need advice: Other driver’s insurance denied my claim saying I made an unsafe lane change. Should I go through my own insurance with a $1,500 deductible?
Accident happened in California on April 23 around 7:55 AM in stop-and-go rush hour traffic on the 405.
My on-ramp lane was ending, turning into an exit only lane, so I had to merge. The other driver rear-ended me after I merged, but his insurance is denying liability and claiming it was an unsafe lane change.
Here’s what my dash cam shows:
– Video starts with me already finishing my merge
– I’m fully in the lane for about 5 seconds before impact
– First contact happens around the 0:05 mark
– Contact continues until around 0:16 (so about 10+ seconds of sustained contact/pushing)
– Despite being pushed, I never hit the car in front of me
Damage to my car:
– Rear left bumper cracked
– Left tail light cracked near trunk area
– No side damage at all
Other important details:
– This was stop-and-go traffic, so nobody was going fast
– Claims manager initially told me they denied liability after only reviewing dash cam footage and had NOT reviewed my damage photos
– After I disputed it and asked for reconsideration, they still upheld the denial and told me to go through my own insurance if I want subrogation/arbitration
I drive a 2019 Chevy Volt and my deductible is $1,500 through Progressive.
My question is: with a deductible this high, would you go through your own insurance and let them fight it, or just pay out of pocket / keep pushing the other insurance?
Also, has anyone had success overturning an “unsafe lane change” denial with dash cam footage?
Other driver’s insurance denied my claim saying I made an unsafe lane change. Should I go through my own insurance with a $1,500 deductible?
byu/Such-Brief-4069 inInsurance
Posted by Such-Brief-4069
10 Comments
What’s the estimate to fix your car?
You can do and hope they get your deductible back but having been in that situation before I can say your chances are probably slim.
I’d want to see the camera footage before I tell you for sure, but based on what you’ve said, I would absolutely go through my insurance and let them subrogate – simply because that would piss me off and I would want them to answer for it!
Did you tell his insurer you have dash cam footage? Did you share it with them?
These are pertinent questions for deciding next steps.
Unless you have new evidence that the other party’s insurance hasn’t seen, then there’s no “pushing” them to change their mind. They’ve made their decision.
Go through your own insurance if you feel you aren’t at fault. They have a better chance of changing the minds of the other company for the liability decision IF your company also agrees with you that you are not at fault. Liability when merging is involved usually falls on the merger so I’m not shocked they said you are at fault. Not saying you are at fault but be aware your company may also say you are at fault.
Post the video
1.5k deductible means that you’re unlikely to come out ahead in a claim especially because your rate will go up
Yes, use your own insurance, pay your deductible, and if your carrier successfully subrogates – which may or may not happen – you will get some or all of your deductible back.
Go through your own insurance if you have collision coverage. Let the insurance companies sort out liability.