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Accident caught on rear camera - hit by 16 yo on her phone!

SANZC02

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I've never worried about getting into an accident with any other vehicle. Now I fret about it all of the time...not because of my driving but because of others. I fear this exact scenario: I get hit, not my fault, but it costs me a ton of $$$.
un/underinsured coverage is your best friend, make sure you have it on your policy with sufficient amounts to cover you.
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Riviaenz

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I've never worried about getting into an accident with any other vehicle. Now I fret about it all of the time...not because of my driving but because of others. I fear this exact scenario: I get hit, not my fault, but it costs me a ton of $$$.
Same! In fact itā€™s how we got into our Rivian. Our XC90T8 was damaged in a second collision (this time a complete fluke/actual accident) that involved our own trailer. We were coming down a mountain and hit big undulations as the elevation leveled out. Our camping trailer came off the ball and smashed into the lift gate at the base also damaging the body. This time our insurance declared it a total loss. It was going to be another $24k to fix and during the negotiation phase learned that the basis their declaring it a loss was that they valued the salvage at $15k with a total initial offer was $32K (taxes included). With those values it met the threshold of a loss. Only they grossly undervalued it and in the end we settled for $46k. It was 6yrs old with 76k miles. I hope they regretted that decision, and in turn we applied that towards our R1T. Still sucked cause we would have rather fixed the XC90T8 (2017) and replaced our 2010 XC90 instead. We still have our 2010 with 200k miles and keep eyeing replacing it but cringe at the idea of having two concurrent payments.
 

Riv_Ian

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Glad to hear that no one was hurt. Sorry for the vehicle damage - I know I would be gutted. I hope your insurance company treats you well.
 

iansriv

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I've never worried about getting into an accident with any other vehicle. Now I fret about it all of the time...not because of my driving but because of others. I fear this exact scenario: I get hit, not my fault, but it costs me a ton of $$$.
Absolutely agree. The first consideration is, is everyone ok. Then you start worrying about the money. But we overlook another factor- all the time and energy you have to put in to solve something that was not your fault. My R1 is about 1.5 years old with about 13k miles on it. It looks new. Not a scratch on it. The most important thing for me is that it has been trouble free. Not exactly sure that I could replace the exact vehicle because I certainly will not be compensated with a new car (which might not be trouble free) and a used one will most probably be lacking.
 

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GJPoss

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un/underinsured coverage is your best friend, make sure you have it on your policy with sufficient amounts to cover you.
Yeah, I used to work as an adjuster. I do understand policies. Fortunately I got the best price on a R1T since I put my deposit down in February of 2020. So I'm fine financially...I think/hope. The real issue is the hassle of going through the process.

I paid $500 to put a ceramic coating on my windshield, and I'm sure it saved my bacon several times on my 31,000 mile trek around the 48 state capitals. The windshield caught several rocks and caused no damage. One guy noted he could get a windshield replaced for free with his insurance. And, again, I said: I just don't want the hassle of getting it replaced, so the $500 is well spent!!
Absolutely agree. The first consideration is, is everyone ok. Then you start worrying about the money. But we overlook another factor- all the time and energy you have to put in to solve something that was not your fault. My R1 is about 1.5 years old with about 13k miles on it. It looks new. Not a scratch on it. The most important thing for me is that it has been trouble free. Not exactly sure that I could replace the exact vehicle because I certainly will not be compensated with a new car (which might not be trouble free) and a used one will most probably be lacking.
So right on all accounts!!
 

JonW716

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Glad your Ok and the Rivian is a tank.... This is an epidemic with so many distracted drivers. Last night one almost got me, luckily I saw them coming and gassed it onto the shoulder, they skidded into the car which was in front of me. It's an open & shut case for the most part, unfortunately insurance payout will be a fight. Its a shitty situation, minding your own business then BAM. Now unfortunately you need to deal with fighting for what you deserve. Best of luck to you, hope it works out quickly.
 

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I've never worried about getting into an accident with any other vehicle. Now I fret about it all of the time...not because of my driving but because of others. I fear this exact scenario: I get hit, not my fault, but it costs me a ton of $$$.
Even with insurance being required by law, the wreck can leave you in debt. The fine print or the end result is in the favor of the largest player in the deal, (Insurance Industry).

I drive very defensivly. I had a motorcycle behind me lose control on a trun and did not even hit me, but my ins. paid, inspite of the officer stating at the event I was not cause. As well, he was not hurt except for a scrape he refused Ambulance insisted he was fine, couple days latter went to hospital, puncured lung, $100,000 was the payout. The insurance Co. was the same for both of us.

Oddly my record did not show fault, next renewal did not itimize the increase, still had "good driver" discount?...
 

captainjp

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The amount of rear collisions weā€™re hearing about is crazy. Looks like these things hold up like tanks though.
I was thinking the same thing today. Seems like an unusually high number of R1ā€™s getting rear-ended.
 

PhatDaddy

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In a situation like that subrogation can be especially helpful.
ā€¦
After we returned the rental when ours was ready I submitted the receipt to our insurance. We had it for more than 50 days and it was also more than what our daily and 30 day maximums were as per our policy. They passed the receipt onto GEICO (along with full subrogation of our claim) and we were reimbursed in full for the rental through our policy and our car was fixedā€¦
I get what you are saying, but seems that if I carry high coverage insurance but someone who hits me (they are at fault) carries minimal coverage, given the high cost of Rivian repairs it could easily ā€˜limit outā€™ on the at fault driverā€™s coverage. Yes, my insurance company can then go the subrogation route and go after the other insurance company. But wonā€™t they be limited to the total (minimal) coverage the other driver has? If the other driver has minimal assets (and there were no injury claims), then my insurance company seems unlikely to be able to get anything more than that minimal coverage amount, right? And if that minimal coverage amount wonā€™t even cover my Rivian repairs, much less my deductible, my rental car expenses (I donā€™t have rental car coverage on my policy), the diminished value on my Rivian, etc., where is all this payment to me going to come from? Answer: from MY insurance coverage. You can not typically get diminished value coverage from your own insurance company. And if I donā€™t carry rental coverage, why would my insurance cover it for me on their dimeā€¦ or cover my deductible, if they are not going to be able to get reimbursed by the at fault driver/insurance company?
Just trying to understand how this works on a high value and expensive to repair vehicle. And even if I have ā€˜New Car Replacementā€™ coverage (which I do) and my vehicle is totaled, is the insurance company obligated to pay to cover every option I originally had or just the ā€˜price of a new vehicle of same make and modelā€ (as the policy wording states)? Lots of questions, I know, but lots of Rivians getting major repair bills.
 

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Riviaenz

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I get what you are saying, but seems that if I carry high coverage insurance but someone who hits me (they are at fault) carries minimal coverage, given the high cost of Rivian repairs it could easily ā€˜limit outā€™ on the at fault driverā€™s coverage. Yes, my insurance company can then go the subrogation route and go after the other insurance company. But wonā€™t they be limited to the total (minimal) coverage the other driver has? If the other driver has minimal assets (and there were no injury claims), then my insurance company seems unlikely to be able to get anything more than that minimal coverage amount, right? And if that minimal coverage amount wonā€™t even cover my Rivian repairs, much less my deductible, my rental car expenses (I donā€™t have rental car coverage on my policy), the diminished value on my Rivian, etc., where is all this payment to me going to come from? Answer: from MY insurance coverage. You can not typically get diminished value coverage from your own insurance company. And if I donā€™t carry rental coverage, why would my insurance cover it for me on their dimeā€¦ or cover my deductible, if they are not going to be able to get reimbursed by the at fault driver/insurance company?
Just trying to understand how this works on a high value and expensive to repair vehicle. And even if I have ā€˜New Car Replacementā€™ coverage (which I do) and my vehicle is totaled, is the insurance company obligated to pay to cover every option I originally had or just the ā€˜price of a new vehicle of same make and modelā€ (as the policy wording states)? Lots of questions, I know, but lots of Rivians getting major repair bills.
Youā€™ve hit on precisely why itā€™s better to go with your own insurance. If your coverage is appropriate for your Rivian (high value) and youā€™re hit by someone with lesser insurance then your insurance will cover your repairs and then is up to them to negotiate recovery from the at fault partyā€™s insurance. Your Rivian will be repaired correctly and not nickel & dimmed by the other party. The deductible included - youā€™ll not have to cover out in the end since theyā€™ll go after the other party. As for rental coverage - youā€™d have to pay out of pocket and when youā€™re done with the rental submit the receipt to your insurance to pass onto the other partyā€™s insurance. Theyā€™ll need to cover it as well. As I mentioned in my example, although I have rental coverage on my policy I realized I didnā€™t have a high enough rental rider given our circumstance of 3 kids a $30/day 30 coverage wouldnā€™t be enough to provide an adequate substitute for our needs. Given the other party was at fault theyā€™re obligated to provide reasonably comparable (in our case a midsize SUV -XC90 - I rented a CX-9). If I recall the 45 day rental worked out to about $1300. Since I rented it on my own and paid out of pocket I got my corporate rate rather than the higher rates insurance companies have negotiated with Enterprise (I went with Avis). My insurance said they would only cover up to my $30 x 30days but since I presented them with a bill at the end rather than have them pay they instead took the whole bill and sent it to the other insurance company. I got fully reimbursed. They have to provide for substitute while yours is in the shop. It doesnā€™t matter what their rental coverage is. That only applies for their own rental. The thing to keep in mind though is that the cost of repair plus rental gets used to assess the total cost of repair. It may impact whether your car is considered a total loss for example. As for diminished value. You could still pursue, your instance company would submit the claim for you to the other party.

You can get the best of both worlds assuming the other party is at fault.

Youā€™re stuck with your own policyā€™s limits including no rental of youā€™re the at fault.
 

Guuma

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I just went through this. Rear-ended and totally other driver's fault. Had to go through my own insurance company and they declared R1T total loss. Then fought with me about amount for ACV (actual cash value). Don't agree to any amount unless it's enough to find a suitable replacement (first offer from them was $55k but same car selling for $63k). They didn't pay up until I threatened to bring in my own appraiser (this is your right) and six weeks of haggling. Remember, insurance companies have a strategy not to pay what they owe. It's called Deny, delay, depose. They will be counting on you to get frustrated, need a car to get to work, and take their offer. They will say "this is our final offer" but it never is. You'll be lucky if they declare total loss because after fixing it your Rivian will have diminished value from being wrecked and depending on the state you will not be compensated for this. Better off reaching a good settlement and buying a similar car with similar mileage.
I went through this same thing when someone rear ended my dad's Lincoln Towncar. It was totaled and the insurance company wanted to give 8k under the average replacement car. My dad's not great with computers, so he was having a hard time showing the difference in prices, so I pulled a few listings from Autotrader and we sent it over to the agent - 4 weeks later they adjusted up beyond what my dad was actually looking for, because the local replacement value was higher than the national average. It was painful, but persistence was key.
 

PhatDaddy

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Youā€™ve hit on precisely why itā€™s better to go with your own insurance. If your coverage is appropriate for your Rivian (high value) and youā€™re hit by someone with lesser insurance then your insurance will cover your repairs and then is up to them to negotiate recovery from the at fault partyā€™s insurance. Your Rivian will be repaired correctly and not nickel & dimmed by the other party. The deductible included - youā€™ll not have to cover out in the end since theyā€™ll go after the other party. As for rental coverage - youā€™d have to pay out of pocket and when youā€™re done with the rental submit the receipt to your insurance to pass onto the other partyā€™s insurance. Theyā€™ll need to cover it as well. As I mentioned in my example, although I have rental coverage on my policy I realized I didnā€™t have a high enough rental rider given our circumstance of 3 kids a $30/day 30 coverage wouldnā€™t be enough to provide an adequate substitute for our needs. Given the other party was at fault theyā€™re obligated to provide reasonably comparable (in our case a midsize SUV -XC90 - I rented a CX-9). If I recall the 45 day rental worked out to about $1300. Since I rented it on my own and paid out of pocket I got my corporate rate rather than the higher rates insurance companies have negotiated with Enterprise (I went with Avis). My insurance said they would only cover up to my $30 x 30days but since I presented them with a bill at the end rather than have them pay they instead took the whole bill and sent it to the other insurance company. I got fully reimbursed. They have to provide for substitute while yours is in the shop. It doesnā€™t matter what their rental coverage is. That only applies for their own rental. The thing to keep in mind though is that the cost of repair plus rental gets used to assess the total cost of repair. It may impact whether your car is considered a total loss for example. As for diminished value. You could still pursue, your instance company would submit the claim for you to the other party.

You can get the best of both worlds assuming the other party is at fault.

Youā€™re stuck with your own policyā€™s limits including no rental of youā€™re the at fault.
I really appreciate the feedback, but I still donā€™t think I understand the reality of this. As I said previouslyā€¦
ā€œā€¦You can not typically get diminished value coverage from your own insurance company. And if I donā€™t carry rental coverage, why would my insurance cover it for me on their dimeā€¦ or cover my deductible, if they are not going to be able to get fully reimbursed by the at fault driver/insurance company?ā€¦ā€
If the at fault driver only has minimal coverage (and few personal assets to go after), how is my insurance company going to get more out of the at fault driverā€™s insurance company? They will pay the limit of the coverage their client has, and why would they then pay another dime? And if the minimal coverage wonā€™t even cover my Rivianā€™s total repairs, much less my deductible, diminished value, or rental carā€¦ where does my insurance company ā€˜get itā€™ from. I understand they HAVE to cover my repairs (at least up to MY coverage limits of $250K), but what incentive or requirement do they have to cover the rest out of THEIR pocket if they canā€™t get it from the other insurance company or driver? They are in business to pay as little as possible!
 

Eric_partman

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I really appreciate the feedback, but I still donā€™t think I understand the reality of this. As I said previouslyā€¦
ā€œā€¦You can not typically get diminished value coverage from your own insurance company. And if I donā€™t carry rental coverage, why would my insurance cover it for me on their dimeā€¦ or cover my deductible, if they are not going to be able to get fully reimbursed by the at fault driver/insurance company?ā€¦ā€
If the at fault driver only has minimal coverage (and few personal assets to go after), how is my insurance company going to get more out of the at fault driverā€™s insurance company? They will pay the limit of the coverage their client has, and why would they then pay another dime? And if the minimal coverage wonā€™t even cover my Rivianā€™s total repairs, much less my deductible, diminished value, or rental carā€¦ where does my insurance company ā€˜get itā€™ from. I understand they HAVE to cover my repairs (at least up to MY coverage limits of $250K), but what incentive or requirement do they have to cover the rest out of THEIR pocket if they canā€™t get it from the other insurance company or driver? They are in business to pay as little as possible!
As someone who is an attorney that did quite a bit of insurance coverage law at one point in time, I'm not seeing where you two are disagreeing with each other. Basically, what each of you are saying is right.
 

PhatDaddy

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As someone who is an attorney that did quite a bit of insurance coverage law at one point in time, I'm not seeing where you two are disagreeing with each other. Basically, what each of you are saying is right.
Ok. So I have ā€˜New Car Replacementā€™ coverage that is in effect. So do you believe that if my vehicle is totaled that I SHOULD expect MY insurance company to pay me out for the replacement cost of a NEW Rivian with all the same OEM features mine had, plus taxes, fees, delivery, etcā€¦ PLUS the cost of a rental car (even though I don't have rental car coverage)ā€¦ PLUS the cost of my deductibleā€¦ by going after the other insurance company even if the property damage limit the at fault driver carried was only $25K? Or if NOT totaled but has $50K in repair costs, to cover all that plus the above itemsā€¦ PLUS a certain amount of diminished value? That just seems really unlikely to me, but I really hope you are right!
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