UPDATE:

I just got off the phone with the other driver's adjuster and her "investigation of the accident is not yet complete" because she has been unable to get a statement from the other driver. She made a statement to me that based on her investigation so far, it appears that her insured driver is "at least 50% responsible"!!! WHAT?!?! I asked her what difference his statement would make? Of course he is going to say it was not his fault. She said that she could not comment any further until her investigation was complete. So, as soon as I got off the phone with her, I filed a formal complaint with the NJ State Banking and Insurance Agency today.
The police report leaves absolutely no doubt who was at fault in this accident. I have come to terms with the fact that AllState decided to have my car repaired and not totalled, but there is no way I should have to pay any part of my deductible, repairs, or have increased premiums. This truly is a very frustrating process! Advice anyone?!
(Sorry for the rant)

 

Yeah look at my post #57. Pay over twice as much and get worse coverage.

 

I will certainly switch insurers when this is over, but that advice does not help me now.

 

When my Fiancee was rear ended a few years ago Liberty Mutual was going to do the same thing. 50% responsibility. I was "You have got to be kidding me!" Considering I was witness to the accident in another car I was completely blow away by this.

For the next few months we had to brow beat Liberty Mutual into changing their mind. We also had the same situation in that the other driver was pleading innocence on the situation. After many many months Liberty finally found the other driver responsible.

One of the biggest problems I see is that NJ is a "no Fault" state. So the police really have no say in the matter other than to make it of official record and no opinion. Of course the "no fault" condition was put in place because of trip and fall lawyers and folks who abused the system.

hope this helps.

 

I don't know hy NJ does no fault, but it appears simpler here in MI. Under Michigans no-fault law, your insurer pays for your damages regardless of fault.

The only thing fault decides is whether your rates are subsequently increased.

 

Remember one of my earlier posts or PM's that NJ is a comparative negligence state.

However, if I recall, since you are both insured by the same carrier there should be no deductible out of your own pocket. Any determination of YOUR contribution (remember, in the example I gave you I was found 5-10% "at fault" even though in my case the other driver blew the stop sign. The explanation was had I not been in the intersection the accident would not have happened. Yea I know it is ridiculous but remember what sort of mental giants create these laws!!!

I feel the other party's representative is trying to shift some potential financial liability to your policy. You should only provide information to the adjuster representing YOU. Even though it's the same insurance company.

I haven't had the opportunity to get over to the shop lately but have to bring my car in for oil service in about 3 weeks. I have a feeling your car will still be a work in progress.

Stay cool ... even though the "system" really sucks when you're the "victim". Have you found out if the other driver is trying to claim some injury?

 

I recall your post. No, the other driver is not claiming any injury as far as I know.
Also, the only time I have spoken to the other driver's adjuster was to check (twice) on whether her "invesitgation" was complete. This system is really screwed up... It is really strange that AllState (the insurer) does the invesigation to determine how much they will basically pay or "push off". I am praying to have my car back in about a month, but I think that is very wishful thinking on my part.

 

Ins. Co. take months to finalize who's at fault. That said it should not hold up the repair at all. Also, the police report favors you, therefore Don't stress out about it.

 

UPDATE:

Just got a call from the shop manager and he said that I will likely have my car finished by the end of February!!!
I assume that if the insurance investigation is not complete by the time my car is ready, then I will have to pay the deductible and then be reimbursed for it when the investigation is over?

 

"Ins. Co. take months to finalize who's at fault."


In New Jersey, isn't it true that insurance companies have 45 days from the date of the claim to either complete the investigation or have a good reason why it is not complete? I guess that "good reason" addendum is a great loop hole for them to work with.