Rear-ended 2x in 5 weeks. Jeebus. (vent)

I'm so sick of driving. If I never do it again, it will be too soon.

Backstory.

We traded our 05 xTerra with 92k miles late October for an 07 Caliber with 42k miles and every option available. It was a straight trade--we owned the truck and we own this one. We traded because we could not afford 16mpg anymore. It just wasn't practical nor were $50 oil changes or tires for $250/each.

Anyway, we had the car for about 2 weeks and were rear-ended while stopped at a stop light. Badly. He was taking on his phone and stated he was on his way to get his brakes fixed. Awesome.

It took awhile but the other insurance company took liability, we got a rental--you know the drill. However, the day we got our car back from the shop we found out the individual who hit us was an excluded and thus, not insured. His company is threatening to request the $4k it took to fix our car back.

About 10 days after getting our car back (as in Tuesday 12/20) I was driving in a construction zone and slowing down as the speed just dropped to 25mph. Apparently, the Altima driving behind me didn't get that memo as he rear-ended us. He stated he was trying to find his sunglasses and going 40mph.

The last individual still has not returned his insurance companies phone calls and we still cannot drive our car as it makes awful noises now. Christmas is Sunday, we are volunteering and cannot make it there without a rental and cannot get a rental without him speaking to his insurance company. Yes, the police came out and took a report and cited him but apparently this does not matter. His insurance company reminds me we can file through our insurance and just get reinbursed when the time comes but alas, I don't have $500 to spare until I do get reinbursed. You know, since it was not our fault.

I am so angry. We have not even been able to drive our new (to us) car for a month yet. Beyond ridiculous. Should someone without insurance and on his way to get his brakes fixed really be driving? Why couldn't someone who was not an excluded driving be driving? Did Mr. Altima really need to search for his sunglasses while moving -- could he have not waited until a stop light?

Gah. I am so angry. We live next to the train but this is ridiculous. We are stuck at home and riding public transit until this is resolved. We cannot even get a rental until he calls them and someone comes out to give us a quote on our car. Than... we can get a rental.

Augh. I give up.

This makes me mad too.

So what happens since guy #1 was driving with no insurance? Fines? Jail time? And I don't understand why "his" insurance company is trying to make YOU repay them after HE hit you. Unless I am very confused (and I probably am), the liability is with the holder of the policy that names him as an excluded driver. Which means they pay for his mistakes, not you. Unless you live in a no-fault state?

Anyway, sorry to hear about your troubles. That's very annoying, to say the least, and my thoughts are with you this Christmas.

Omg I would be furious. We just got a new to us truck also and I would kill if that happened to us.

I hope you get things resolved soon.

Sorry to hear that, but it sounds like you need to switch insurance companies.  

If the other party's insurance gives you any issues, then direct them to call your insurance company, you needn't be involved at all.   That is why you have insurance after all.   It can take your insurance company up to a year to actually gain access to their funds, but that shouldn't affect you, nor would you pay a deductible in a non-fault accident.  

At least that is how it has worked with both USAA and Amica Insurance, in the former case my mom just said not my problem call USAA and they worked it out and in my case when I was rearended at a stop sign likewise I refused to get involved and simply directed them to my agent and also insisted on having the check and all communication done directly to the autobody shop as I don't want to get involved in the back-and-forth.  How you hit a bright red car standing still at stop sign btw is beyond me... I am always amazed at the extreme spectrum of genius and stupidity within humanity, lol!   We can land a mission to mars, and yet also run into a stopped firetruck with its light on at night in a 35mph zone (witnessed that in Sugar Land with my own two eyes many years back).   

As they always say in cases of automobile accidents though, any one that you can walk away from should be considered a win.  

I am grateful we were not significantly hurt though.

We have State Farm. I am unclear as to why they are unwilling to protect us in case the other company from accident #1 wants to come after us for the $4k. My impression was our insurance company was supposed to help out legally if need be. The individual who was not insured lied to the police officer and no he will not be fined for that although he was cited for hitting us :-( We have tried to find a way to get him cited for no insurance and have failed miserably.

My back was hurt in this accident but I am uncomfortable signing the releases after reading them over to be compensated for $40.

We will be switching back to our first insurance company effective the 5th. State Farm has failed us miserably and we have had great experiences with the other company. We switched to save money but I guess we just cannot save money because this level of service State Farm is giving us sucks.

What is appalling is how we cannot drive right now. We cannot get in a rental right now without so many things happening. Of course, if we want to pay for it we could. Uh huh. This is totally putting a halt on all our Christmas plans. While the train gets us most places, it doesn't everything. So pissed and annoyed right now.

Thanks for the support!

Your agent is the problem, not state farm. I have had them since I was 16 and have had 0 issues with them. If your agent won't address the issue, call state farm directly for help. You may need to work with a different agent.