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  #61  
Old 17.03.2021, 19:13
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Re: Rear-End Accident - Fault Attribution

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A car of a wife??
My wife is a top of the range model in almost mint condition, think of a 1961 E type jag that has always been garaged & seldom used in the wet. Totally irreplaceable, the Fiat 500 on the other hand.
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  #62  
Old 17.03.2021, 19:40
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Re: Rear-End Accident - Fault Attribution

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The police say it can take 3 months for the authorities to take a decision in fault attribution.
Meanwhile the insurances cannot settle anything, which means any expense that I make in between has a risk of ending up to be self-funded... not impressed to say the least.

Luckily my wife seems to be on the path to recovery, and we have the "opportunity" to shop for another car :-)
I am glad to hear your wife is on the mend..
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  #63  
Old 17.03.2021, 22:31
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Re: Rear-End Accident - Fault Attribution

Would be really interesting to know what the other party said happened.
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  #64  
Old 17.03.2021, 22:53
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Re: Rear-End Accident - Fault Attribution

We are not in touch with the other party, nor have we been informed of her version (she was taken into hospital, and an interview must have followed).

All we know is immediately after the crash she was somewhat assertive in the conversation with the police in that it was not her fault, but that's hardly unusual.
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Old 17.03.2021, 22:57
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Re: Rear-End Accident - Fault Attribution

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We are not in touch with the other party, nor have we been informed of her version (she was taken into hospital, and an interview must have followed).

All we know is immediately after the crash she was somewhat assertive in the conversation with the police in that it was not her fault, but that's hardly unusual.
But you've been notified by the insurers that a police investigation is underway and they can't proceed until the result of that is in?

When I had my minor accident the police said it was up to the insurance to decide.
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  #66  
Old 17.03.2021, 23:41
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Re: Rear-End Accident - Fault Attribution

The police made it clear that both participants are "accused", and that their job is to take evidence, conduct interviews and forward the "criminal case" to the decision making body - and as I seem to recall the Prosecution office was mentioned.
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Old 18.03.2021, 07:00
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Re: Rear-End Accident - Fault Attribution

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The police made it clear that both participants are "accused", and that their job is to take evidence, conduct interviews and forward the "criminal case" to the decision making body - and as I seem to recall the Prosecution office was mentioned.
Yes, but that has nothing to do with the insurance.

Tom
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Old 18.03.2021, 07:01
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Re: Rear-End Accident - Fault Attribution

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Meanwhile the insurances cannot settle anything
Why not?

Tom
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  #69  
Old 18.03.2021, 13:34
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Re: Rear-End Accident - Fault Attribution

We have opened a claim with the insurance of the other driver - we were given a ref. number and told to be patient with any settlement until the resolution from the authorities becomes available.

I think it kind of makes sense to me, as the fault attribution could be 90% - 10%, 50%-50% or whatever ... in which case the insurer liability will vary accordingly.
- my wife's health insurer pays now (or rather we pay the franchise portion of it), and will look to recoup the costs from the other driver's insurance, at least some of them
- for the car, they need the fault percentage applied to the premium to make a payment. We do have a 2nd car and thus not a big issue, but If I knew it would be 100% covered I would consider a temp replacement one for these ~3 months. This also has an implication on the budget of the new car which I will have to buy.
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  #70  
Old 18.03.2021, 13:42
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Re: Rear-End Accident - Fault Attribution

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We have opened a claim with the insurance of the other driver - we were given a ref. number and told to be patient with any settlement until the resolution from the authorities becomes available.

I think it kind of makes sense to me, as the fault attribution could be 90% - 10%, 50%-50% or whatever ... in which case the insurer liability will vary accordingly.
- my wife's health insurer pays now (or rather we pay the franchise portion of it), and will look to recoup the costs from the other driver's insurance, at least some of them
- for the car, they need the fault percentage applied to the premium to make a payment. We do have a 2nd car and thus not a big issue, but If I knew it would be 100% covered I would consider a temp replacement one for these ~3 months. This also has an implication on the budget of the new car which I will have to buy.
If your wife is working 100% will be covered by accident insurance.
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  #71  
Old 18.03.2021, 14:58
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Re: Rear-End Accident - Fault Attribution

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We have opened a claim with the insurance of the other driver - we were given a ref. number and told to be patient with any settlement until the resolution from the authorities becomes available.

I think it kind of makes sense to me, as the fault attribution could be 90% - 10%, 50%-50% or whatever ... in which case the insurer liability will vary accordingly.
- my wife's health insurer pays now (or rather we pay the franchise portion of it), and will look to recoup the costs from the other driver's insurance, at least some of them
- for the car, they need the fault percentage applied to the premium to make a payment. We do have a 2nd car and thus not a big issue, but If I knew it would be 100% covered I would consider a temp replacement one for these ~3 months. This also has an implication on the budget of the new car which I will have to buy.
Forgive me if I don't know better... shouldn't your car insurance pay NOW according to your contract with them. When the dust settles with the fault attribution, it is their job (and their problem) to recoup it from the other car insurance.
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  #72  
Old 18.03.2021, 14:59
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Re: Rear-End Accident - Fault Attribution

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Forgive me if I don't know better... shouldn't your car insurance pay NOW according to your contract with them. When the dust settles with the fault attribution, it is their job (and their problem) to recoup it from the other car insurance.
Depends if accident damage is covered, if it is then yes.
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  #73  
Old 18.03.2021, 15:06
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Re: Rear-End Accident - Fault Attribution

My wife is not employed in Switzerland, the local accident insurance attached to the health insurance comes into play. The accident insurance we have from abroad can no longer be used, as she became a Swiss resident.

As for the car insurance, in theory we could make a claim with our 3rd party liability insurer from abroad, but the two jurisdictions are so misaligned it will take months to establish a proper channel. When contacted, we were redirected to the green card buro in Zurich who handle and broker the international coordination between agencies.
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  #74  
Old 18.03.2021, 15:08
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Re: Rear-End Accident - Fault Attribution

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My wife is not employed in Switzerland, the local accident insurance attached to the health insurance comes into play. The accident insurance we have from abroad can no longer be used, as she became a Swiss resident.

As for the car insurance, in theory we could make a claim with our 3rd party liability insurer from abroad, but the two jurisdictions are so misaligned it will take months to establish a proper channel. When contacted, we were redirected to the green card buro in Zurich who handle and broker the international coordination between agencies.
Then yes, you will be able to claim back some or all of the excess.

If you only have 3rd party insurance, they won't do anything as they have no financial interest in the outcome of the claim.
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  #75  
Old 22.03.2021, 20:25
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Re: Rear-End Accident - Fault Attribution

The insurance came back with an evaluation for the totaled car, where the replacement value was calculated at about 15-20% below market value - not a major issue in itself.

The wreck value though came at a rather high price point, about 60% of the replacement value. They put up an auction on the insurers' platform, which resulted in 3 bids from swiss salvage yards, the higher determines the market value. The insurance will only pay the cash difference between the replacement value and wreck value, adjusted to the "innocence" percentage .

The trouble is the other two bids came in much lower, and the auction is legally binding for only 2 weeks. We are unreasonably expected to complete the "sale" of the car, and provide proof of deregistering the car in its origin country within this time frame. Otherwise, the insurance can still use the high price point in the payout, but will most likely be significantly lower in subsequent auctions ... We would much rather have the insurance take over the wreck and pay out the replacement value, but "computer says no".

Seems I will be needing a lawyer after all.
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Old 22.03.2021, 20:52
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Re: Rear-End Accident - Fault Attribution

I just had a fender bender too. A car was trying to park and stopped before fully driving into the parking spot. He was about halfway in and so I drove around the car since I wasn't sure what he was going to do. I almost got passed him when he started to back up a bit. Our back fenders touched and now I've got some scratches. We both didn't have time to exchange names but I did get his number and took photos of his car with his license and the name of the company advertised on the car.

Now my poor garage has to find out who did it and it's going to require some detective work on their part.

What I SHOULD HAVE done:
1) not driven around the guy but waited
2) got the driver's name

The damage to my car was around SFR. 400-500. No dents, just a few scratches, so I got lucky.

Waiting to see how this will turn out...
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Old 22.03.2021, 21:11
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Re: Rear-End Accident - Fault Attribution

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The insurance came back with an evaluation for the totaled car, where the replacement value was calculated at about 15-20% below market value - not a major issue in itself.

The wreck value though came at a rather high price point, about 60% of the replacement value. They put up an auction on the insurers' platform, which resulted in 3 bids from swiss salvage yards, the higher determines the market value. The insurance will only pay the cash difference between the replacement value and wreck value, adjusted to the "innocence" percentage .

The trouble is the other two bids came in much lower, and the auction is legally binding for only 2 weeks. We are unreasonably expected to complete the "sale" of the car, and provide proof of deregistering the car in its origin country within this time frame. Otherwise, the insurance can still use the high price point in the payout, but will most likely be significantly lower in subsequent auctions ... We would much rather have the insurance take over the wreck and pay out the replacement value, but "computer says no".

Seems I will be needing a lawyer after all.
I guess you're still waiting for fault attribution. If it's not your fault you should be placed into a situation you were in before the accident but of course the insurance company will low-ball you first and try it on with these tactics.

I'm not sure what you'd need for proof of deregistration. Normally this would be informing the DVLA that the car has been permanently exported or destroyed and you can't get proof of that until one of those things happens. Access to that info is freely available online these days. Try talking to them about it.
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Old 26.03.2021, 18:40
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Re: Rear-End Accident - Fault Attribution

A twist on the plot, with the insurance companies:

It turns out, the 3rd party liability "green card" insurance system has partners in all countries. In our case, the insurer of the other driver is Mobiliar, and the insurance partner of my insurance somehow happened to be a department of Mobiliar. Moreover, the expert body doing the damage evaluation is a subsidiary company of ... you guessed it.

They put up an auction for the wreck to obtain a value for it, and put up a condition (without legal baking) so I can't actually sell through this process.

Amazingly short sighted folks...
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  #79  
Old 26.03.2021, 19:24
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Re: Rear-End Accident - Fault Attribution

I don't get it. If you're still awaiting whether the insurance will pay or not why is all this going on? I had thought that the selling as-is value was what would be deducted as you wanted to keep the car but it seems you don't want to keep it. If the other driver is at fault there should be an amount of "I don't care just put me back in the position I was in before the accident and btw pay my expenses". If you only had third party insurance your own insurer isn't going to care about you.

They will however care about the other driver's claim if indeed you're held responsible. As it might be considered one and the same insurer you could imagine a certain amount of skullduggery going on.
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Old 26.03.2021, 19:30
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Re: Rear-End Accident - Fault Attribution

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I don't get it. If you're still awaiting whether the insurance will pay or not why is all this going on? I had thought that the selling as-is value was what would be deducted as you wanted to keep the car but it seems you don't want to keep it. If the other driver is at fault there should be an amount of "I don't care just put me back in the position I was in before the accident and btw pay my expenses". If you only had third party insurance your own insurer isn't going to care about you.

They will however care about the other driver's claim if indeed you're held responsible. As it might be considered one and the same insurer you could imagine a certain amount of skullduggery going on.
Indeed, I had a car written off, I paid 500 for the damaged car, the garage who quoted the repair gave me 1000 cash the following day. He gave me the bid & said wait for the insurance.
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