Questions About Auto Insurance and Accidents

marsha7

I am under the impression that phone companies, both landline and cell, maintain records of EVERY call to and from your phone, definitely the calls you make from your phone...altho most of us receive an abbreviated bill (who generally wants to see EVERY local call you made this past month?) you can probably request an itemized copy of the bill, which will probably show the number you called, date, time, and length of call in minutes...if you bought the car on the first, and called the ins on the fourth, and had a 15 minute call, I think you have a pretty good case...if the call was only 10 seconds, you might have trouble, but if you took the time to give the make, model, year, VIN, etc., and subpoenaed the person you spoke to, I think you just might prevail, esp when you obtain, as previously mentioned, their E&O policy, and tell them you are filing suit with evidence that proves you spoke to them on a given date...good luck...

clarrkkent

Hi Everyone,

I'm new and this question may have been answered, but I scoured the net and couldn't find one. I had an accident today where the other driver was at fault. Her insurance company, Geico, has already admitted fault/responsibility for the accident and I am going through them to get my car repaired. My question is whether or not this will affect my premium.

I'm 25, male, no tickets or other violations, and have only had one other accident(last september) which I was also not at-fault. Does each insurer have their own policy regarding changes to premiums concerning accidents? My insurance company is Progressive, just in case that information is pertinent.

Thanks in advance!!

euphonium

Many underwriters take into consideration "Claim Frequency" when looking at a new application, but NON at fault crashes are not penalized with higher premiums.

Photo copy all data from Geico including the claim draft. You may need this info when applying for insurance down the road.

clarrkkent

Thanks for the advice. Do I just ask geico for a copy of the claim draft? Also, coincidentally, the last accident was also handled by Geico. Should I ask them for a claim draft for that incident as well? Would they still have it?

gregjohnson

2000-ish? I recall reading a DoJ[0] comment on a CLEC's?[1] VoIP?[2] tariff?[3] application to the FCC raising issues with maintaining this information. I'm quite sure that at the very least our congresscritters have "strongly suggested" that the FCC obtain the DoJ's "advice" and perhaps even "consent" in these matters... I'm equally confident that the DoJ considers accessing this information to be crucial to job national security.

HOWEVER, I suspect finding the right button for this report is challenging and once found you'll probably need some kind of discovery order to push it.. (Unless you yourself are a Selfless Public Servant. In which case, you would be selfless. Catch 22, get it?)

I say this because from IT's perspective you would get a subject-relative billing report, but on my T-Mobile[4] bill, incoming calls show as my own number.. Few (competent) IT people would sit still for wasting space repeating someone's own phone number back to them. Usually things get broken this way[5] because some marketing weenie is trying to sell something. Still, I don't see a lot of revenue selling "who called you", so it smells lawyer to me.

-Greg

[0] Department of Justice

[1] Competitive Local Exchange Carrier = everyone EXCEPT ATT/Bell/Nymex.. Plus a few others...

[2] Voice over Internet Protocol = Internet Telephone

[3] Tariff = What they can charge you

[4] And, if memory serves, ATT/Cingular.

[5] c.f. "Touch Tone". Pulse dialing gear doesn't even exist any more, but my grandfather still didn't have it in 2000. 20 years this guy had used a rotary dial phone 'cause the marketing weenies at ATT saw no reason to drop the charge on a "luxury" feature. Wankers.

N.B. I am not a lawyer, but I annoy them from time to time. I'd do so more frequently, except the profession came up with something called "standing", which is a misnomer, because the only time those guys stand is to reach for a check...

P.S. Mr. Bob - "EVERY call" Me! Me! Me!. Plus, I want it downloadable in XML so I can integrate it with my PIM. I'd think anyone with time/task oriented billing would too. Say a lawyer. (Maybe a lawyer playing a doctor on TV :P :P ). Still, I've thought this was painfully obvious for 15 years and a) at this pace I'm 100 years ahead of my time or b) I'm a freak. Only time will tell.

P.P.S. Mr. Bob Again - I'm about to draft a demand letter to 8-ish defendants for a dustup earlier this year. ( gregjohnson, "Questions About Auto Insurance & Accidents" #683, 15 Feb 2005 3:08 pm ) I'm going pro-se, but could use a coach....

augustarq

Hi,
I'm checking out a friend's car in Georgia next week. He will be out of town, while I can have the car for a day. (In fact he has been gone for some time, with no clear timetable for returning, so wants to sell). The arrangment is that if I like the car, I buy; no obligation otherwise. The car is financed and therefore must be insured.

I currently have a bare-bones policy on my old junk of a car: no collision or comprehensive, but 20/40K on bodily and property. I have an absolutely clean driving record, and am in my thirties.

My question is this: Do I have to buy some sort of short term insurance to drive this car? or are there any other options? And if I have to buy coverage, are there any companies specializing in this sort of thing. My current coverage runs out in September.
Thanks,

Augustarq

legalbull

I am new to this and would appreciate any information that any adjusters that read this or other insurance professionals may have:

My car was damaged by a falling limb that caved the roof in ( including the inside headliner) and also shattered the moonroof. Besides the roof damage, it then rained into the car for aprox. 20 minutes.

My question(s), if they can be answered, are how much water damage would ruin the inside of a car or total it? This happened during a heavy rain band from Hurricane Dennis and I took at least 10 gallons out of the floorboards of my car with a shopvac about 3 hours after the incident.

Also does heavy damage to a roof, cause major problems for a car? Any information is greatly appreciated.

marsha7

I am not sure if I misunderstand you. I believe (and I could be wrong) that cell carriers offer you the option of detailed billing or summarized billing...I chose summarized billing, I think, months ago with Verizon...at least, in my mind, I seem to think I did just that...

I also believe, subject to being wrong, that if I was to ask Bellsouth for a copy of my itemized bill of every call, it would be provided, as it is my number...

Now, for me to get a copy of YOUR itemized bill, it would require a lawsuit and discovery, requiring an RPD from a Non Party...

Or, if I was a good hacker, I could hack into their database and obtain the info...I barely know how to click the desktop icon "Internet Explorer" so they do not worry about my hacking...I can hardly get onto my own internet... :P :P

euphonium

You don't have to buy some sort of short term insurance because you are driving the car with the owner's permission and insurance follows the car. Insurance follows with the car because a person can hold a driver's license, but not own a car, thus not have insurance. Insurance follows with the car also because while you are driving your friend's car, you could loan your car to someone who only has a license and not a car. Remember, when you loan your car, you are also loaning your insurance.

edsmith

I was hit from the behind and my car is a ride off, however the insurance company is refusing to pay, since I was charged with careless driving.
Please advise.

marsha7

Why were you charged with careless driving if you were struck from behind???...in GA, if two parties share equal fault, 50-50, then there is no recovery because it is a true accident...if one is 25% at fault but the other 75% then the 25% can recover a diminished settlement from the other party, diminished by their percent of fault (25% in this case)...what were the circumstances of your careless driving???

edsmith

I was trying to change lane (go to the right hand side lane) and at the same time a motorcycle was changing lane and coming to his left lane (the same lane I was trying to go), I saw him in the last second and in order to avoid hitting him went back to the previous lane, at that time, the car in front of me came to a complete stop and I had to come to the complete stop too, and the school bus in behind me hit me from behind.

Police officer talked to the children in school bus and was convinced by them that the reason that bus driver hit me was because I was changing the lane.

Now insurance company says that because I was charged with careless driving, even though the school bus driver hit me from behind, I am at fault and they will not pay me.

I told them I would go to court to prove that “careless driving ticket” was a mistake from police officer and Insurance Company said if the police officer doesn’t show up in the court I still will be considered at fault.

mikefm58

" Now insurance company says that because I was charged with careless driving, even though the school bus driver hit me from behind, I am at fault and they will not pay me. "

I don't understand. Even if you were at fault, your company shouldn't deny a claim on your collision insurance. Whose insurance company is denying your claim? You will have a very difficult time fighting that ticket since a school bus was involved with children. And even if you beat that ticket, it's still up to the insurance company's judgement on who was at fault.

edsmith

I did not have the full coverage at that time, (just one sided coverage).

Insurance company has the right not to pay me for the cost of any damage that happens to my car, If, I get to an accident and I am at fault.

But my point is that, even though I got a ticket for careless driving I shouldn’t be considered at fault since the school bus hit me from behind.

grandtotal

But my point is that, even though I got a ticket for careless driving I shouldn’t be considered at fault since the school bus hit me from behind.

Yes, you should. You pulled into it's path.

edsmith

Are you sure?

cadillacmike

Gone for a week, glad to back in hurricane country Thanks Dennis for runing my planned boating weekend :mad:

UM / UIM, I never really figured this out. I know it's better to have "stacked" coverage" which USAA writes.

This is what little I know.

It won't pay for damages to your car. Either you have collision or they have to be at fault and have property damage, and then it's their policy's limit usually 25,000 so unless an H2 ran over your new XLR, it won't be that much.

It won't pay for damages to their car, your PD if you are at fault or their collision if they are at fault will pay for that.

It's got something to do with bodily injury, maybe say in FL your medical payments ("no fault") is limit $10,000 and your friend is in your car and you are rear ended, and he snaps his neck, It's going to cost a LOT more than 10,000, but the at fault party nas no or low ins. that's where it will kick in.

I think.

But I'm not sure,

But then again I AM a cerified auto BBS genius! :P

But I'm not a lawyer and this is NOT legal advice (not advise).

cadillacmike

" Obviously the hood, the metal above the tires etc is damaged. "

Ummm,,,

That would be the FENDERS.

sorry guys, I couldn't resist

cadillacmike

:The car just went and hit the tree with nothing in between. "

Someone beat me to this, but as everyone knows, I can't be shut up (just ask my wife).

The car went and hit a tree. Are you sure that you as the driver didn't have something to do this this, since to my recollection, especially in NJ, they don't plant trees in the roadways? :confuse:

You are probably better off if they "total" it, just be sure that they give you a good ACV amount.

cadillacmike

As usual marsha has it EXACTLY correct, and as usual she appears to be sleeping in her paragraph school classes.

cadillacmike

Not necessarily. withing 10 days of ANY type of coverage change, USAA send me a complete new auto policy declarations package.

Who is your ins co?

cadillacmike

Your COLLISION deductible would apply not uninsured motorist.

Thast's usually $500.00, suck up the $250.00. I recently had to suck up $600.00 because some bottom feeder scratched my wife's new (black of course) CTS.

cadillacmike

This is a difficult one to sort out, but your citation isn't helping things any.

Not that the above helped at all.

Step 1 would be to get that ticket voided.

Step 2 would be to fight with the ins co. That's where my strategy isn't clear even to me.

grandtotal

OK, I have carefully re-read what you posted. Applying the fault determination rules for the jurisdiction I live in you are 0% at fault. However, it sure doesn't help your case that you were switching lanes rapidly (for whatever reason).

aaazzz

couple of weeks ago i had an accident. and one of the cars (myself and my spouse OWNED two cars) was totalled. a little later the insurance company sent me a new insurance card with just the lone car covered and then our insurance was increased by 70% for the single car. i assumed that the accident had been factored and that a premium hike was expected.
i just called them to confirm it and to my shock i discovered that since we lost the multi car discount the prices went up. i then asked them when the premium change would reflect the accident claim, and was told that it would happen when we renew our policy with them for the next term (sometime towards the end of the year). i am experiencing a whole lot of uncertainity and am not sure about buying a second car.
i had been reading up all over the internet and edmunds.com (of course) and have come to a few conclusions. it is necessary to get the second car and back to my previous life once all injuries are tended to. also i think that it may be a better idea (i solicit active debate on this) to buy a used car and to make sure it has some insurance premium decreasing qualities like ABS, airbags, side bags, etc. then i could probably try getting a higher deductible on it so i can get a slightly lower premium. then maintain a low profile for 3-5 yrs and get the horrible accident out of my records and keep myself and others safe. (the police report was in ill faith and there is nothing that i am able to do about it, since i did not have the good sense to pop out of my car all beaten up and pester the cop for the accident report)
so anyways, heavens save us from the insurance sharks and bored out of their mind cops. amen.

marsha7

caddy: paragraph class is held at 8:00 am, but I am up too late posting to make an 8:00 am class...so the condition deteriorates...

edsmith: being struck in the rear is not ALWAYS the fault of the driver in the rear doing the striking...if you cut in front of someone and they hit you in the rear, you will be attributed with fault for the accident...in GA, we do not have a charge called "careless driving" (I think it would cover many ambiguities if we did), but the scenario you described with the school would charge you with "failure to maintain proper lane" or maybe "failure to yield"...I wish you luck, but I think you're gonna lose this one when you fight it...

further, edsmith, if I understand you correctly (can we abbreviate it, like IIUYC?), you only have liability to cover what you do to someone else, but no collision to cover damage to your vehicle caused by you...if so, then your insurance is quite logical in refusing to pay...you do not have the ins necessary to pay for damages to your vehicle...

this is why I recommend that folks carry comp and collision well after their car is paid for, unless the vehicle has value under $3,000, or the premiums are prohibitive...if your vehicle is worth, say, $5,000, is it worth $500 yearly for collision coverage???...if you can total your car and absorb a $5K loss with no trouble, do not insure, or, better yet, in technical lingo, you are self-insuring...

but if $5K will break you, better to pay ins premiums on a monthly/quarterly budget, so that you will not be killed by a totalled car...just my thought, spend your money as you wish...

but remember, insurance is to protect you against statistical risk...Murphy's law is always in effect, like gravity...when you take the risk and lose, don't complain...you made a conscious decision to "save money" by not buying insurance, so you have self-insured, whether you know it or not...

Paragraphs are better, caddymike, as I am being tutored and home schooled in the evening... :P

euphonium

and your ride is totaled, salvage buyers usually pay 25% for the remains.

You retain your deductible and the premium you would have spent.

With a $5,000 vehicle why spend $250 a year to insure a net value of $3,000?

Keep the Comprehensive and Towing AND Uninsured Motorist Property Damage.

aero_smith

I did have everything to do with it. I hope it answers your question. As for the a response to another post, the side? fenders, are both ok. An appraiser from the insurance company stopped by and will come to know the details soon .....

kai410

Ok...say you're in a parking lot and there is a car behind you. You slowly begin to reverse your car (pulling the back end of your car to the right) to pull into one of the parking spots (which are perpendicular to your car, by the way) in an effort to turn around and go the opposite way. As you begin to reverse, the car behind you (which is moving forward), decides to try and go around the right side of your car. The two cars hit. Who is at fault? Or is it both parties' fault because both were moving and the car behind tried to pass the other car on its right? If anyone has any expertise on this, it would be much appreciated. Thanks!

mikefm58

Tough one, but my understanding is that it's usually the one going in reverse that takes the blame.

marsha7

I see 2 sides, which does nothing to help you...one argument says that the person in front, who is now backing up, should yield to those still in "traffic", so the one backing up is at fault...the other side says that the person behind, who should be able to tell you are backing up, should stop and yield so that you can complete backing up...I am still unsure...

On the road, when you stop along a line of cars to parallel park alongside the curb, you usually stop, place in reverse to engage your white backup lights, and turn on your turn signal...I would think the traffic behind you, at least in that lane, should stop and yield to you...but other arguments may be put forward by others...

insane125636

My 3 day old Camry was stopped at an intersection and a garbage truck came up behind me and pretty much totaled the back of my car. Now, the truck had faulty brakes (and did i mention it was my bouroghs garbage truck). Now it was their fault but my insurance company has to pay because that was a government truck and i supposedly can't sue. I live in PA is this really true?

mikefm58

Why should there be any lawsuit involved? Since it's a govt. truck, I'm sure it's insured or at least self-insured. Was there a police report that indicated they were at fault? Seems pretty clear to me, someone else should pay besides your insurance company.

qbrozen

Well, you'll have to check your laws ... but a friend of mine had something similar happen. Not a garbage truck, but some sort of diplomat guy in his government-owned car. Friend's insurance had to pay. It is unbelievably insane (no pun with your name intended), but what can ya do?

Your insurance company certainly wouldn't want to pay if they thought they didn't have to, so, ultimately, I would think their decision is the right one.

pat

You are talking about "diplomatic immunity". I remember a situation ten or more years ago when a foreign diplomat killed someone in DC because he was driving, iirc, 80 or 90 mph in a 25 or 30 mph zone, something like that, and I also seem to remember that he was drunk. The only thing they could do to him was throw him out of the country.

I sure hope a county garbage truck driver doesn't have some similar type of immunity, but you never know...

manamal

Actually, it was the georgian ambassador. And Georgia waved the diplomatic imunity in that case.

marsha7

What you are talking about is called "sovereign immunity"...a unit of government, whether Federal, State or Municipal can exempt itself from lawsuit liability by just declaring it is so...by the same token, they can also agree to assume liability whenever they want to do so...2 examples may illustrate this...remember, I am in Georgia, so my examples will be local...in PA, I have no idea, but a local attorney will probably know, since the principle is the same...

In the city of Augusta, they have agreed to purchase a liability policy with a maximum payout of $250,000...this is quite generous, since if you are injured by a city employee, the max payout for injuries, pain and suffering is $250K...in essence, they have waived sovereign immunity to the tune of $250K, so they allow themselves be liable for that amount...the minimum liability insurance for drivers in GA is $25/50/25, so the city has limits relatively high...

In the city of Atlanta, they have a waived sovereign immunity in the amount of $1,000...this is NOT a misprint...one thousand dollars...this means that if a city employee causes $7,000 damage to your car, injures you and your passenger resulting in $13,000 medical bills for the two of you, and if your backseat passenger was killed (wrongful death), the city will pay you, or your heirs, a grand total of $1,000 PER ACCIDENT, not even per person...that's it...now do you understand sovereign immunity???...I had a case like that about 5 years ago, $4K damage to vehicle, $2K medical bills, Atlanta wrote a check for $1,000 and that was all that was required...no, I did NOT take a fee, since that is the first thing that came to your mind...

BTW, after all that has been posted in the last few months, this impresses me as another reason (forgotten by me) to carry uninsured motorist insurance for pain and suffering...if you are in a city like Atlanta, it would be the equivalent of dealing with a uninsured motorist, since I am not overwhelmed by a $1K payout.. :confuse: :shades:

gregjohnson

"Ms." "Marsha"

Verizon, among their many evils, may offer summarized billing,

"Bellsouth gives Verizon's-best-customer-Bob billing detail" I don't see it...

-Greg

P.S. Why in the world would you hack something when could get a court order for it? The average lawyer slays the average "hacker"... I mean c'mon, "The Man" won... He's just mopping up the music lovers at this point....

mikefm58

WOW.....I am amazed at sovereign immunity. And THANK YOU for the well worded explanation...... I see you've been studying hard in paragraph class.....LOL.
.
I may look in to UIM again.

cadillacmike

Marsh, you get an A on that post

cadillacmike

Yup, happenned to me a few years ago. My ins co paid the other driver for the scratch in his bumper (no damage to my car) and then they socked it to me on renewal. :surprise:

cadillacmike

Insane's ins co will pay (and insane has to pay the deductible). Insane's ins co will then go after the city for what they paid on insane's car. When they finally get the money, they will refund insane's deductible.

This also happend to me me a few years back (way back) with a NYC taxi. my ins co only got 2/3 of the damages back so they refunded me 2/3 of my deductible. you'll need a little patience, but the ins co will do the work and you'll eventually get your deductible (or a percantage) back.

delange

Thanks for the feedback on UM/UIM. I think I understand it now, your simplified explanation was enough to make the complex one from USAA make sense (finally).

I wish you good luck with the rest of hurricane season in FL this year.

marsha7

for my final in paragraph writing...maybe I can be taught something after all... :P

gregjohnson: either I am missing your point, or you do not understand mine...a lawyer can only receive a court order (in reality we are filing what is called an RPD, Request for Production of Documents) is by filing a lawsuit, which can be expensive and time consuming...one does not file a lawsuit unless one has a reason to do so...a lawyer just does not walk into a court and subpoena phone records, there must be the context of a lawsuit...no lawsuit, no records to the lawyer

I used to have a coffee cup with a clothes hanger on it, saying, "lawsuits cleaned and pressed"...kinda humorous to a young lad like me... :P :shades:

gregjohnson

Bob,

No arguement, I was just responding to your comment "Or, if I was a good hacker". It would be a lot easier to file & use discovery. Plus, you don't get a trip to Club Fed that way either. (Guess it depends on how much solidarity you think Martha Stewart deserves... )

Cheers,
-Greg

marsha7

Actually, it would be much easier to hack, if I was a compuer whiz...but you are correct, Club Fed would not be as nice as, say, Club Gitmo...

I now see your humor...forgive me, I did not understand your earlier attempt at , but I have awakened after recovering from my paragraph final exam

Bob

gregjohnson

Ok, maybe... I got to thinking about your comment:

> a lawyer just does not walk into a court and subpoena phone records,
> there must be the context of a lawsuit...no lawsuit, no records to the lawyer.

I knew a woman suing Cap Gemini once who couldn't get their e-mail logs despite her knowing they would prove her case. Guess having to sue folks in their home jurisdiction has... a home court advantage.

Still, hacked evidence isn't admissible, is it? (ergo, doesn't help the original poster, ergo this really is on topic, right?)

-Greg

BTW, I hear the boys at Gitmo got da par-tay on!!.... "Burnin down the house!!" Let's go say hello, no?

three11

Hi everyone. I have been looking to get a new car for a few weeks now and things were just gearing up when I was in a moderate car accident. My 2002 Envoy was hit on the right passenger side. The car is still driveable but it will need a new hood, and some good body work on the front. The engine/tranny/radiator and such are all fine it appears to be mostly body work.

I had it towed to a dealership and they have estimated repairs from 2500-3500 dollars. I will be paying a deductible to get the car fixed and it is much less than that so no problem there. However of course the problem now lies on the value of the car to trade-in. The dealer I was talking to after the wreck said he would not be able to take the car for fair trade-in value but around 1000-1500 or so less than that. My car was in great condition before that. Only 43000 miles and worked perfectly.

I guess my question is can I receive compensation from my insurance company for the diminished value the car now has. Would it be better to try and just sell the vehicle to a private party. I live in Kansas and I think I remember seeing that Kansas, Georgia and another state had ruled on diminished values. Not sure what would be the best course of action. I can't really afford to be w/o a car for too long... but of course I don't want to seem desperate. Any suggestions?

Thanks!

rroyce10

...... Diminished value is kind of an intangible with insurance companies .. and most will "him and ha" about the value especially if it's for a smaller figure like yours ... as far as the dealer is concerned, get him to write-out a full blown explanation on the value and go from there ......

If worse comes to worse and the finish work is 110%, then run it down Retail Rd .. you just need to have the paperwork and make sure you disclose it .... $1,000/$1,500.? thats a fender and some spray paint, where the problem lies is when they say $1,500 and after 2/3 weeks and it turns into $5,000 ....



Terry.

notyou2

Hello,

I am going to sell one of my vehicles, and ran a Carmax report on it, and every time I had it serviced it shows up. Dealership service, that is. Then, I ran a Carmax on my husbands car, to see what is on it, and it had $2500.00 hail damage repair done on it 4 years ago, but that doesn't show up. Can someone explain to me how high damages have to be for something to show up?

Thanks