I haven't been involved in an accident since 1991, so I'm kind of ignorant on how this should work. I'm having hell with the insurance of the driver that caused a 3 vehicle accident. USAA won't accept fault even though the police report shows they were at fault. The USAA driver of a van was in the turning lane waiting to merge into traffic and pulled into the lane that was already already occupied by an 18 wheeler. They hit and the van was pushed into me as I was stopped in the turn lane waiting to turn left. USAA faults the truck but obviously the van driver pulled into that lane from the turn lane, which is not supposed to be used to merge into traffic. There were no injuries.

Should I:

1. Hand it over to my insurance company.

2. Get an attorney

I plan to file a claim for Loss of Use and Diminished Value.

I think your insurance company should fix your car and then they should go after USAA.

Absolutely agree with tpack. That's why you pay the insurance company (well, in addition to the legal requirement).

Agreed-file with yours and they'll go after USAA.

Stinks that my insurance should have to pay or do anything. I just called my agent and he said it's gotten to be a common practice for other insurance companies to let the other insurance company do the leg work to make the claim. I consulted a Diminished Value consultant and will make that claim separately. What a PITA

Thanks for the info guys

I've had mixed results with that strategy. State Farm told me they'd fix my truck and then go get the money from the other insurance company (Progressive, their guy rear ended me at a redlight I had been stopped at for 30 seconds but they said it was my fault), but then they decided the amount was too low to chase and they increased my insurance for having a claim on it. I dropped them on the spot.

Had the same thing happen when I had Allstate and a Fred Loya customer smashed my wife's car in a parking spot. They just dodged, ducked, and dived and refused to ever actually do anything. Allstate fixed it and went after Fred Loya to pay. Not sure if they ever paid or not, but either way they didn't increase my rates.

Think I'm going to start carrying a neck brace in my car and next time I get hit I'm going to put it on and then fall to the ground and start screaming, then call a lawyer.

Pretty sad that USAA has stooped to the same level as Progressive and Fred Loya.

Got rear ended in San Antonio a few years ago by a driver with very sketchy insurance. After one conversation with their agent, I called my insurance and let them handle it. The other insurance agent was actually yelling at me, at which time I told her not to call me again and hung up.

I'm shocked! SHOCKED I tell ya!

This ^. You pay them to represent you!

No matter what you choose it will be wrong. No matter what they tell you, it will work out differently...unless of course you get three different courses of action from three branches of the insurance company. In that case, one of them will be kinda how it works out.

I’m really surprised by everyone’s answer, it’s 2024 and it doesn’t matter if it’s their insurance or your own insurance unfortunately because both are skummy sleezbuckets with no one but themselves really mattering. I handle insurance claims on a daily basis and you’re screwing yourself if you don’t get an attorney from day one and let them handle it.

Insurance companies are in the business of collecting premiums, not paying claims.

I called 5 local lawyers and none said they would handle a non-injury auto accident case. Can't bring myself to call any of the lawyers with nicknames. LOL

I called 5 local lawyers and none said they would handle a non-injury auto accident case. Can't bring myself to call any of the lawyers with nicknames. LOL[/quote]



There's no money in a non-injury claim. Not enough "meat on the bone" for them.

If liability is clear cut, these events almost always work out correctly in the end and that's just one of the multiple reasons attorneys don't get involved. Oftentimes, people expect insurance companies to just immediately swallow a sword and that does not happen.

PM if questions or if you end up withn the beleif there is any way in which I might be able to benefit you.

That's what we did after a Guy sideswiped my Wife in her new 2 week old Lincoln SUV a couple years back. State Farm , my company , fixed SUV and went after Liberty for payment.

Called my insurance (State Farm) and filed a claim around 3pm Wed, my truck was towed to the repair shop at 10am the next day. That's getting it done!

I had a similar experience in a car accident in Louisville, where another driver was at fault. After seeing that the other driver’s insurance wasn’t accepting liability, I decided to contact a lawyer.
In my case, this law firm took over all communication with the insurance companies and made sure the process was handled correctly, protecting my rights.

Here is one angle that you can investigate yourself. Ask the trucker driver / insurance company if the truck is equipped with a dash cam. If so the dash cam footage is the clear evidence that would make a settlement with USAA “quick and easy”

Unfortunately, if there is no dash cam evidence, you are likely screwed. Insurance companies are about making money (I get that as I am a card carrying “Evil Capitalist”) so they will do and won’t do everything they can to limit what they pay out and maximize what they bring in.

Unless the damage is significant it will likely cost more to hire your own attorney and/or investigator than what you will gain.

The saddest fact is this. The lawyers of the insurance company you are paying to insure you do not care about you. Their job is to maximize profits. They aren’t going to investigate for you or fight for you. I have personal experience with this.

Just my 2 cente. Good luck.
Big Hutch