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Questions About Auto Insurance and Accidents

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  • euphoniumeuphonium Member Posts: 3,425
    As it is a NON fault claim, take pictures, have repaired and submit bill and photos to your insurance company. Homeowner policies specifically exclude vehicles being damaged. If it goes with the vehicle, no coverage, but when the car battery and your battery charger are both stolen, the auto theft covers the battery and the Homeowner theft covers the charger. Two separate deductibles also apply.
  • charko2charko2 Member Posts: 12
    My second question is would you submit it to the insurance co or eat the 700, since I have a 500 deductable.?
  • marsha7marsha7 Member Posts: 3,703
    call (an evasive lawyerly answer if I ever posted one... ;) )...if you make a claim for the $700, your premium may go up substantially...if it only increases a few dollars (maybe your agent can tell you the consequences of a claim), make the claim for the $700...only you can decide...

    Remember, insurance is to cover us against risk, major and minor...the conundrum is that when we make a claim for minor problems, it still costs the insurance to process the claim...while I don't want to deteriorate to a discussion of rich vs poor or class envy, to an insurance company, a $500 or $1000 claim is peanuts, but costs them greatly to process...so, we will often be penalized for small claims, even tho those claims may not be so small to US...even tho our contracts say that ins must pay after our $250 or $500 deductible, those are penny ante claims to the ins and the adjusters...so they will often raise our rates for small claims as we become a nuisance to them...yes, they will pay out contractually what they are supposed to, but just the fact that you made 2 or 3 $700 or $1200 claims, they now know how you think, and they would rather get rid of you than keep paying out "mini-claims"...they have billions, we just have thousands or hundreds...
  • marsha7marsha7 Member Posts: 3,703
    should be how we manage our health ins...instead of $100 deductibles, where every little office visit or prescription is reimbursed, and we pay high premiums, we should really have $1000, or $3000 deductibles, and just pay for office visits out of pocket...to insure against every little aspirin tablet is obscene...after all, the same people who claim they can't pay their doctor bills will often drop $5,000 taking the family on a weeklong trip to DisneyWorld, and then cry poor mouth...it is not a lack of money, it is wrong priorities...I have known of numerous examples of folks who "can't" afford things like legal fees or doctor visits or prescription drugs, but they can borrow $5K for a big screen TV because the Super Bowl is coming...I do not deprive the citizen of their right to choose their priorities, but that is why when they say they CAN'T afford health care, the real answer is they CHOOSE NOT TO BE ABLE to afford health care...I have known many senior citizens who [non-permissible content removed] and moan about $150 monthly drug bills, and go out and then buy a $50K RV, and the $800 monthly payments don't seem to bother them at all...

    My conclusion: most medical "poverty" is not $$$ poverty, but priority poverty or plain stupidity...the plasma TV is more important than the medication, because look at what they are willing to do without...not the TV, the drugs... :confuse: :confuse:
  • steine13steine13 Member Posts: 2,825
    Same thing happened to me last year (spring of '04) when vacationing in Atlanta.
    Maybe there's a secret society of idiots who scratch up out-of-state cars?

    Anyway, three panels were ruined. I went to a body guy I trust (he does the local Toy/Lex dealers work) and he told me this:
    * $800 if we do it on the ins co's nickel. He wanted to know which one first (Citizens).
    * $500 if we do it on MY nickel, cuz he won't go through the computer and add $$ for every little take of this, replace that.
    * $0 if he touches up the scratch, with the $500 estimate in the glove box. He said then it wouldn't rust, but if *I* did it and it started to rust later, he'd charge me extra just because. My kinda guy.

    I opted for door #3, not so much because I wanted to save money, but because I didn't fancy having a nearly new car that had been repainted in 3 panels. Resale value has dropped $500 or so, either from the scratch or the repair, so I didn't see the value in having it done.

    It all depends on how it looks and how much it bothers you. But keep in mind that your car will be worth less once it's painted. For examples, do an "advanced search" over on Real-World Trade-in Values.

    Good luck,
    -Mathias
  • gregjohnsongregjohnson Member Posts: 117
    I was rearended on July 5. I had my vehicle sold, was meeting the buyers that very night to get money, give them vehicle.

    I'm sorry to hear about your wreck, and yet more sorry to hear about the run-around you're getting.

    I am neither an attorney nor an insurer, but if I were hit I would want it to be just like you got hit. You had a fair market valuation as of the very moment the car was hit, there is no dispute as to what the car was worth. Books don't buy cars, but your buyer put their cash on the line to buy yours. The at-fault insurance company owes you the difference between your trade and the private offer, and anything else is pure BS.

    The bad news is that no attorney will touch a a $2700 claim. (Or should I say you don't want an attorney who would?) This means you will have to practice some self-help here and go up against the insurers attorney, who is paid to crush you like a bug. Fortunately, their hands are tied by the facts and you still have a fighting chance in some (most?) jurisdictions.

    Hop on over to Nolo.Com and get yourself set up to file a small claims suit - it should be relatively informal and and you should get to "tell it like it is". Don't forget to bill them for everything you can think of, including any kleenex consumed in your righteous rage at the injustice of it all - You most assuredly will not get anything you don't ask for.

    In Georgia there is a statutory paddle for spanking naughty insurers such as this one. Unfortunately, I don't have the code section handy but it says something to the effect that you can tack on a percentage? if they don't pay you when then should. If your state has a similar paddle it will not hurt your negotiations to make sure they know you plan to beat them with it.

    Expect them to ignore you, and possibly make some insultingly low "nuisance" offers. Don't ignore these, since there is a very real chance you'd lose in court - truth and justice are only casual acquaintances these days, and you'll be relying on the Judge's good humor to the extent it has survived several years of desperate lies from people who are really, really sorry they got caught. (Most criminals are more pathetic than vicious)

    Regardless, though you probably won't have a hard time collecting from a solvent, regulated company, you should give serious consideration to anything they offer. I'd start thinking hard at 50%, especially since your post makes it clear this is an emotional issue for you and that counts against you in court. I'd probably fall for anything over 70% unless opposing counsel desperately needed public humiliation and I hadn't done any public services lately. (Lawyers are not deities, facts and a little applied intelligence can and do prevail - you just have to work harder than they do)

    Offers can and do come at any point in the process, though in this case I'd suspect they'll stonewall until an attorney actually has to prepare to appear. If they invest in prep, or they skip it, you might get an offer at the hearing itself. I'd have a number in mind before hand at each stage of the process, and if I didn't get an offer I'd consider making one.

    Anyway, if you're lucky Marsha7 or someone else who actually knows what they're talking about will come along and straighten you out.

    Good luck,
    -Greg
  • gregjohnsongregjohnson Member Posts: 117
    the plasma TV is more important than the medication,

    But without the Soma TV how will we survive? Isn't TV medication? It tells me about medication, and Jennifer Anniston, so I must have it.... Musn't I?

    -Greg
  • gregjohnsongregjohnson Member Posts: 117
    They have no obligation in the matter. [...] but they are offering coverage, so their butts are covered.

    WRT surplus liability/comprehensive/collision, you are clearly correct. I belueve you are less correct WRT minimum liability because it is a criminal matter and their offering it in no way satisfies the very criminal requirement to carry minimums.

    -Greg
  • 151ranch151ranch Member Posts: 109
    I have always lived in Texas - and yes, every reputable ins. co. is going to do this. The dependent must have separate coverage, or go on your policy. We have very conservative civil courts in most counties and the judge/jury won't go for "I'm not responsible, my kid took the keys" as a defense. If you have an umbrella liability policy, the dependent (even an older one) must go on your policy. I had a separate liability policy before college, after college I moved back home. My parents had an umbrella and the only way I could keep a separate policy was to max the limits on my own policy with their ins. co., or double pay.

    P.S. you can get an ID only from the Texas DPS. So tell son to turn in his license, or pay for the insurance.
  • notyou2notyou2 Member Posts: 35
    I have tried to file a small claim against the guy who hit me, and his company, since it was a company truck, and he told me he was soooooo tired because he had worked 22 hours the day before, and only had 2 hours of sleep before working that day, blah blah blah. The owner of the company won't tell me his name, or respond to calls, the court clerk says I HAVE to have his name, so, now I have to spend MORE of my time and money chasing that down. Is it any wonder why people hire lawyers. I still have a personal injury claim to file, so, I guess my only emotion in this is ANGER. I should be a criminal without conscious, so I would not be so ANGRY. What sucks even more is I used to work for this large "wonderful" Illinois based insurance company, and still have contacts there.
  • marsha7marsha7 Member Posts: 3,703
    Well, now that you mention Jennifer Aniston, that changes my theory entirely...scratch everything I said.... :P ;) :shades:
  • gregjohnsongregjohnson Member Posts: 117
    The owner of the company won't tell me his name, or respond to calls, the court clerk says I HAVE to have his name

    I think this is why the attorneys sue everyone and let God sort it out. I'd imagine they'd be more co-operative if they had to choose between showing up themselves and giving up the guy that made the mess...

    I'm unsure if you'd have access to discovery in a small claims suit, but if you do and they don't play nice you may be able to show up with a County Mounty to back you up.

    If it is a retail business, a settlement strategy WRT car deals is to walk in on a busy Saturday with lots of customers and loudly demand satisfaction. I can't see how having a cop in tow at the time would hurt.

    Still, I agree, the ability to ignore folks is a very effective defense. For most folks, I think they'd rather pay a few grand than have to learn something and miss an episode of American Idol. This is good for me, 'cause these imbeciles subsidize my penny pinching ways. How about you? How much is your time and aggravation worth in the pursuit of "Justice"?

    -Greg

    P.S. Wasn't there a police report? In Georgia, they practically fingerprint you on the roadside...
  • notyou2notyou2 Member Posts: 35
    Yes, there is a police report. I have the name of the company, I need the owner's name, he is ignoring all my calls, thus, I have to go to BBB to find registered owner, and the guy who hit me, is one of his drivers,,,,who drove a big carpet cleaning truck, if you get my "drift". Just one of the trucks that hit me.

    I have lots of time, and patience, and a paralegal background, not afraid of court, can remain calm, so, this can be sport to me if I want.....

    Big grin here...
  • loncrayloncray Member Posts: 301
    If you were in Virginia, I'd advise you to go to your local Circuit Court and look in the Land Records for the Trade Name filing of the business - it should include the owner's name. You could also check the State Corporation Commission for the owner's name and registered agents, etc. Not sure why the BBB would be the place to look.
  • jay7t7jay7t7 Member Posts: 3
  • jay7t7jay7t7 Member Posts: 3
    I was pulling into a drive through a banking center. I was at a stop. Suddenly I hear this man yelling. II looked out my side mirror, & he was yelling at me!. I got out and he claimed I backed into his car. i was at a full stop, foot on the break, waiting to move forward in line. I told him under no certain terms could i have, nor did I I back into him. As a matter of a fact, I did not even feel him hit me...at all!!

    His car had some pretty good damage to it, mine had none. Nothing, not even a smug. After he calmed don a bit , he asked if I wanted to involve the insurance companies because he did not. I agreed, knowing that business Garage Keepers insurance increases with each claim, fault or not.

    When I arrived back at work, he had faxed me his repair estimate. when I asked why he again went back to claiming I had backed into him! I told him he was nuts, he threatend to call the insurance. I told him please do.

    His insurance called me, took a statement, and requested my insurance information and drivers license number. I told them I was not giving them that information. I told them I had not causedd this accident, and that i didn't even feel him hit me. His repairs were for $7200!! I think I would have felt him hit me? His insurance then stated that we were on private property, no police and there were no witness?!? I asked him if he was asking me, or telling me. He said he was confirming if this was true. I told him, no police, I don't think the shopping center was private party, and that there were no witness

    Then, I received information from his insurance stating they found me at fault and that I must give them my insurance and drivers license information.

    My question is do i really need to? Can they just say I am the guilty party? Of course they will believe their insured, but without any furhter investigation?

    Thanks in advance for any help.
  • notyou2notyou2 Member Posts: 35
    When I called there, they said they had the name of the owner, but would only give it to me if I go there and request it. Not sure why, but, just what they said.
  • mikefm58mikefm58 Member Posts: 2,882
    Wow, that sucks. To answer your question, no, I don't believe you are required to give out your insurance information. I know I wouldn't.

    How did he get your fax number at work? If I were you when he first screamed at you for hitting his car, I would have called the cops. If they wouldn't come out since the accident wasn't on a public street, I would have just left telling him to sue me. But then immediately taken it to a body shop for pictures and verification that your vehicle had no damage.
    .
    $7200 is alot of damage so I'd have to believe any reasonable person would think your vehicle would have some damage. Would it hurt to take your vehicle to the other person's insurance company to show no damage?
  • euphoniumeuphonium Member Posts: 3,425
    I smell fraud.

    Did his alleged damage contain any amount of rust? If so, he is of a previous crash as rust does not form even overnight.

    You got a call from his insurance company when he wanted to exclude them? I'm not sure the call was from an insurance company.

    The burden of proof that you backed into him is on his shoulders. You don't have to prove you did not crash into him.

    I smell a scam. No Police because location is private property.

    Ignore him and his alleged insurance company's 'phone calls. :P :(
  • jay7t7jay7t7 Member Posts: 3
    Thanks mikefm58,

    He didn't fax me, he sent it via email. I had told him my business name, from there he went to our website, from there he got the email address and sent it via email.

    You are right I should have called the cops. But to be perfectly honest with you, I was totally taken back. I as really confused said i had backed up into him. It was like I couldn't comprehend what he was telling me. Even after he said I backed up into him a few times, I actually said, "Are you saying I hit you?"

    So a shopping center parking lot, in the bank drive through is considered private property? If it is private property then the police can't take a report?

    I looked at the damage to his car and there was not any rust, it looked like new damage.
    But, my car had no sign of being in an accident at all. No paint from his car, not even a scratch.

    So this mail from his insurance I can legally ignore? It is telling me that they found me to be at fault, to provide them with my insruance information and drivers license number, and to inform me that the letter is a "formal demand for reimburssment."

    So I can legally ignore this? Should I write the insurance company back and tell them I will not give them my information, or should I just ignore it?

    Thanks :blush:
  • mark156mark156 Member Posts: 1,915
    Jay7t7, I'm assuming your Hummer is an automatic... you have to be on a pretty steep incline to roll backwards.

    Also, did this guy have any broken headlights/turning signal covers? Did you notice any broken pieces on the ground where he claims that you hit him?

    This situation smells like 3 day old raw oysters!

    Mark
    2010 Land Rover LR4, 2013 Honda CR-V, 2009 Bentley GTC, 1990 MB 500SL, 2001 MB S500, 2007 Lincoln TC, 1964 RR Silver Cloud III, 1995 MB E320 Cab., 2015 Prevost Liberty Coach
  • euphoniumeuphonium Member Posts: 3,425
    Advise his insurance company there was NO crash debris at the alleged location, no damage to your vehicle, and no witness to the scene. Also advise his company to search the state MV Accident data in the effort to locate where his damage really happened. It appears he rearended somebody and they would have filed a crash report with the state.
  • mikefm58mikefm58 Member Posts: 2,882
    I would write the insurance company a letter stating in no uncertain terms: you have not been involved in any accident, that you feel the guy is lieing, and that your vehicle has no damage and include pictures of all angles of your vehicle.
  • gregjohnsongregjohnson Member Posts: 117
    You are right I should have called the cops.

    Always, always, always. Much better to get dinged if you think you're clean than to not get the other guy dinged in the same situation. A number of well experienced folks on this thread have written volumes about the need for a police report.

    So a shopping center parking lot, in the bank drive through is considered private property?

    If it isn't public it's private. The only pretty public buildings I can think of in Georgia are in the very expensive looking marble-clad Federal Reserve complex downtown. It's not usually a hard call... ;)

    If it is private property then the police can't take a report?

    Can't? No, they can and do all the time. I think in some jurisdictions it's more "won't" for civil matters, but you can allege criminal bad breath or some such and they'll have to at least make note of it. Allege the other guy assaulted you by threatening to ram into your car again, or maybe the first time - you can always drop the allegation later and you'll have it on paper. Try really hard to make sure the allegation has what the CIA likes to call "plausible deniability" because lodging false accusations is itself a crime. On the other hand, most of us can't get through a day without committing a baker's dozen crimes.

    So this mail from his insurance I can legally ignore?

    I glanced over the other responses and I'm a little confused here because I don't see where anyone is :mad: STRONGLY :mad: urging you to get your insurance company involved. This confuses me a lot for a couple of reasons.

    Firstly, most policies I've read have language that says if you don't notify them pretty quickly they can wash their hands of the whole matter if you actually turn out to need them. Thus, on top of paying silly premiums you will not have coverage when you actually need it.

    Secondly, Euphonium is in the industry professionally and smells fraud - Your insurer will have a department of people who really enjoy ferreting out fraud, with the bonus of imprisoning the perpetrators now and again. ( Kind of like the cherry on the whipped cream, as it were.) You should want these people helping you.

    Thirdly, and tangentially, why in the world wouldn't you want to give someone your insurer's contact information? This is not a state secret: I use Geico and Progressive. I'm aggravated at Geico, but as of yet they're still my insurer, my policy is 1B9-56-59..... See: I'm still here. Now if I were to mess with the Scientologists...

    Fourth, ignoring legal matters - actual, potential, fraudulent, frivolous, or otherwise - is never a good idea. Like toxic waste they have a nasty habit of percolating up years later and ruining an otherwise perfect day at the county club. Also like toxic waste, they tend to eat through things which would have easily contained them if applied in a timely manner. Again, like toxic waste, they cost a not-so-small fortune to clean up. I know a guy who chose ignorance during a divorce 10 years ago - His ignorance just cost his employer $10,000 in a shared account last month.
  • qbrozenqbrozen Member Posts: 33,736
    Call YOUR insurance company and give them all the info. THEY can call his insurance company. They will also come inspect your car and go inspect his and make their determination. Once they see nothing is wrong with your car, everything will be OK. And tell his insurance company that you have turned the matter over to your insurance and they should be hearing from them. Its kind of like lawyers. Once you turn it over to them, you should have no dealing with the opposite party directly. THIS is what you pay your premiums for. Let them do their job.

    Just make sure nothing is happening to your car now!! The guy knows where you work and, if he's a good scam artist, will probably come and drive into the back of your car now while you aren't even around.

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • billygoatbillygoat Member Posts: 1
    Sorry if I'm posting this in the wrong place, please move if so. Thanks.

    Yesterday I received a ticket in Nevada for not fully stopping when I made a right turn at a redlight. I also received a citation for not having a Nevada drivers license. I have an out-of-state license, but registered my vehicle in NV more than 30 days ago and have not switched over.

    My main concern is insurance. The tickets are steep but I can live with paying them. What I'm not sure of, is what my best course of action is to minimize any rise in insurance rates.

    First off I'm not sure if my insurance company will be contacted or if I will receive points on my license. Since my DL is out of state I am guessing I will not receive points, but I don't know when/why the insurance company finds out. Also, I am planning to get a NV license, but I want to make sure that I won't be screwing myself by doing that (say if I get no points with an out-of-state license, but get points for the NV citation if I switch over to a NV DL).

    I also don't know if the second citation (not having Nevada DL) will potentially affect my insurance rates.

    And finally my other consideration was traffic school, which in NV is supposed to take 3 points off your license or make them forgive a ticket. I would do this if I had an NV license, but am not even sure if they will let me take the course since I don't have one.

    PLEASE help with any advice or information that might help even in the slightest. Not knowing what my best course of action is has really been worrying me the last 24 hours.
  • gameshot911gameshot911 Member Posts: 5
    Hey guys,

    A few weeks ago i rear-ended someone..i take full blame..i wasnt looking for a split second and bam. SO the guy doesnt call cops...doesnt take down my insurance info, doesnt write down my license..but i still give him my name and phone number. Whatever, im not going to TELL him to call the cops.

    Monthes later this guy calls, says hes repaired the call, sends me a bill for 1K.

    Now, #1, he went to one of the most expensive places in town. When I got estimates they were ALWAYS 2-3X higher as any other place. #2, some of it is [non-permissible content removed], "judgement" stuff like a clear coat...and cleaning the bumper before he picked it up.

    Obviously I dont want to pay, but I put myself in his shoes so I wont totally blow him off if I'm LEGALLY obligated to pay.

    I've got a lot of stuff going on here, and I'd like whatever advice you all can offer. First, I'm going to give the invoice to another shop in town, and if they give me a lower estimate im only gonna pay him that ammount. (i even thought it was standard to get estimates from more than one place before you actually have it fixed).

    Second, he seemed pretty eager not to call cops, so should i ask him for proof that he had license/registration/insurance before i pay.

    Finally, do i have to pay at all? I mean, if he didnt call cops / get insurance info, am i legally off the hook? Can he still civil sue, and win? Cant I say that i need/want(ed) to do this through insurance, but since its weeks later and the damage has already been repaied, and they wont accept it, that I can't file a claim (which he should have done), so tough luck?

    All this happened in NJ.

    I am incredibly grateful for whatever advice anyone can offer.,
    Mike
  • gregjohnsongregjohnson Member Posts: 117
    First off I'm not sure if my insurance company will be contacted or if I will receive points on my license. Since my DL is out of state I am guessing I will not receive points, but I don't know when/why the insurance company finds out. Also, I am planning to get a NV license, but I want to make sure that I won't be screwing myself by doing that (say if I get no points with an out-of-state license, but get points for the NV citation if I switch over to a NV DL).


    Mmm, I'm sorry to hear NV is retentive about these things... Credit where due: GA isn't so bad about technicalities like this. (They make up for it elsewhere, though. )

    It's a new millenium, and these things will percolate through the system - sometimes. Trick here is NV wrote them, so they don't have to percolate, they're already there. Since you will have a NV license soon, it either will or will not match up to the existing citations.

    If anything, I'd dash out and get an NV license in the hopes it won't match up and Ohio (or wherever you're from) shrugs their shoulders and doesn't try to forward whatever they may or may not get from NV.

    As far as the insurers, they have no choice but to pull off the governmental reports...

    Come to think of it, I'd go get a NV license ASAP and make sure the tickets go against the NV license and don't get sent to Ohio. I mean like "Your honor, I got my NV license three days after the citation, and I'm really sorry, and I just want to be a good person, so can we just write my new NV license number right here on the old citations while I'm paying my fine?"

    In Georgia, many (I mean MANY) towns and counties do not update the state database. I have personally heard a judge explain that my friend's guilty plea, if they choose to enter it, "will not leave the city of East Bumble", nudge nudge, wink wink. Thus, there is some foundation for my belief that this carelessness is designed to induce quiet, speedy payment of the speeding tax without messy trials and whatnot.

    And finally my other consideration was traffic school, which in NV is
    Seems like a perfect reason to try to apply the tickets to your spankin new NV plastic.

    I also don't know if the second citation (not having Nevada DL) will potentially affect my insurance rates.

    I would speculate that A) this will certainly end up logged on your NV record but B) not being a moving violation no-one will care once you pay the fine.
  • gregjohnsongregjohnson Member Posts: 117
    A few weeks ago i rear-ended someone..i take full blame..

    O.K. Let me get this straight. You smacked this guy because you spaced out, then you didn't call your insurer, and now you're trying to weasle out of fixing his car. Obviously you were smoking something under the bleachers the day they taught ethics.

    My really, really strong advice to you is to arrange to meet this guy so you can pay him in cash. You pay the full amount of whatever he spent fixing his car and $5 or $10 for a car wash, on you. You do this with a smile. As you pay him, you're going to ask him to sign the "receipt & RELEASE" your new attorney buddy prepared for you.

    As soon as you have the signature, you are going to thank whatever deity you pray to that you managed to dodge this bullet. You'll pray because having failed to report the accident to your insurer in a timely manner, you were uninsured. Thus, there is no possible way you could have paid off the pain and suffering claim any time this decade. The $100-200 you'll tip your lawyer buddy for drafting the release will be well worth the peace of mind knowing bankruptcy is not in your future.

    HE is under no obligation to file a claim with YOUR insurer, and any deadlines he has are measured in years, not weeks. When he gets around to it, he files a claim against you and your insurer is contractually bound to defend you. Except you almost certainly violated your contract with your insurer, and they are not a charity.

    Make this go away as quickly as you can. Really.

    -Greg

    NEVER leave the scene without a police report. ALWAYS tell your insurer. This will cost hundreds but it saves thousands and thousands.
  • qbrozenqbrozen Member Posts: 33,736
    Well, I'm not completely in agreement with Greg here.

    I feel this guy made a HUGE mistake. The car is fixed! How is he going to prove you did anything to it? Heck, if you run out and get your car fixed, there is NOTHING anyone will be able to do about the accident. "What accident??"

    ON THE OTHER HAND ... I like to think I'm an honest person and I would not back away from this. I would want to pay for the damages. I think your inclination to get an estimate elsewhere is a fair one. See what they say. However, $1K isn't all that bad these days. If all they did was replace and paint the bumper, it could cost that much.

    Oh, and greg made a good suggestion about paying cash. No trace of a check means no admission of guilt. And having him sign something is a good idea, too.

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • gameshot911gameshot911 Member Posts: 5
    I've decided what to do:

    I called up the insurance company (NJ State Manufacturer if anyone knows of them)...and basically they have a policy where they dont increase rates because of accidents or violations..if it gets bad enough they just drop your coverage. So after discussing it with them...since my rates wont go up, I'm just going to do it through them. I have a 500 buck deductable..but that still cuts the cost in half. So ill pay a price that i'm more comfortable with, the guy i hit will get his car reparied, and my rates wont go up. A relativly happy ending ill say.
  • euphoniumeuphonium Member Posts: 3,425
    As not having a NV license is NOT a moving violation, only the stop sign ticket is countable, but most companies allow one ticket every three years before a rate increase.

    Get a NV driver's license today. That will minimize your encounters with police.
  • qbrozenqbrozen Member Posts: 33,736
    ooooo... ouch. Not sure I agree with that choice. Wait. Scratch that. I DEFINITELY don't agree with that choice.

    As you said, if it gets bad enough, they drop your coverage. And, in case you don't know what "bad enough" is, it means that just one 4-point ticket in the next 3 years will result in you getting dropped. This EXACT thing happened to me. The accident by itself isn't a problem, and the ticket by itself isn't a problem, but both together amounts to a BIG slap on the wallet. WAY bigger than that $500 you are saving now. They send you over to NJ ReInsurance, which hits you with double your current rates.

    I hope you are extremely careful and obey all traffic laws over the next 3 years.

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • gregjohnsongregjohnson Member Posts: 117
    if it gets bad enough they just drop your coverage.

    If I read this right, instead of increased rates for a while you would rather risk spending the rest of your life answering "Yes" every time a prospective insurer asks "Have you or any driver in your extended family ever had your insurance cancelled or a renewal declined" ?

    This is well over my head insurance-wise, I'm genuinely wondering if the question is correct and if so which is the better path... I mean I just sort of [non-permissible content removed]-U-MEd answering yes to that question would triple your rate if it didn't kick you into assigned risk, but maybe not...

    I'm definitely with QB in spirit, though - better a $500 hit than to dance with an insurer...

    -Greg
  • gregjohnsongregjohnson Member Posts: 117
    I feel this guy made a HUGE mistake. The car is fixed! How is he going to prove you did anything to it? Heck, if you run out and get your car fixed, there is NOTHING anyone will be able to do about the accident. "What accident??"


    I tend to disagree. (I know, this is shocking behavior for me ;) ) Assuming the guy who got hit is named Bob, Bob can very easily show he paid $9,999 for collision-related car repairs. With the amount of data each of us drops on a given day, connecting Bob to our ethical-after-a-nudge friend is trivial - you can show some sort of connection by the phone logs. Tying the cars to the same general area wouldn't be too hard. In the end you'd have to lie convincingly in front of a jury, which is unlikely if you're honest enough to hand out your info to begin with.

    In short, "What accident" should be pretty straightforward and "his accident" not too much harder. Remember, civil standard of proof is usually "preponderance of the evidence" not "beyond a reasonable doubt" - it pretty much boils down to "who do you believe".

    -Greg.
  • gregjohnsongregjohnson Member Posts: 117
    I have lots of time, and patience, and a paralegal background, not afraid of court, can remain calm, so, this can be sport to me if I want.....

    Oh, I sure hope you want. I hope you want. Eventually, if enough of us want this sort of silliness will stop.

    -Greg
  • george0ageorge0a Member Posts: 2
    First, All these happened in NJ and I have the collision coverage

    my car was hitted badly on the rear at a parking lot last night and I have no idea who did it. The bumper and trunk was damaged and I am afraid they need to be replaced and I think it will cost me $3000+ (I am going to get a estimation this morning). Should I just repair it at my cost or should I contact my insurnace company (NJM, New Jersey Manufacturer)? Will NJM increase my rates or will NJM kick me out of the policy and let me to join the NJ reinsurance? Will this affect the driving history? should I get a police report?... a lots of concerns here, but in short, does it worth to contact my insurance company?

    many thanks,

    George
  • qbrozenqbrozen Member Posts: 33,736
    It depends on the estimate.

    Also, since you are not at fault for the accident ... I'm unfamiliar with how they would treat it. BUT, I was told by an NJM rep once that "as long as NJM has to pay out on a claim, it counts against you." Whether they will raise your rates or boot you to NJReinsurance depends on your record over the past 3 years and for the next 3 years.

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • george0ageorge0a Member Posts: 2
    thanks gbrozen.

    I went to an auto boady shop this morning and they gave me an estimate of $1600. I decided to pay the repair by myself.
  • dgsxrrdgsxrr Member Posts: 20
    I just bought a 2002 Accord EX V6 with 99,000 mi. on it, about 4-weeks-ago. It was in very good shape. Until a fully ins. driver turned in front of me, and I hit her. She received a ticket for failure to yield. Both cars had to be towed; I had mine towed back to the Honda Dealer where I had just purchased it 2-weeks prior to the MVA. Her ins. agent and I have been discussing/debating the repairs to my car for the past 2-weeks. I wanted new/not salvaged parts and no "bondo". He told me that I was too picky and e had contacted the Honda Dealership and neither would work with me . Further more to call my ins. co. and decide where to tow my car to and have my ins. co. fix my car. The whole time my ins. co. ,(whom I'll be cx. when all this is over!), Keeps telling me to tell them to let them know if I have any prob. I went down to the Honda Dealer and explained that I may have been a bit over zealous in wanting my car repaired to the Fine shape it was in [prior to the MVA). The Honda Dealer Collision mgr. spoke with me. I agreed to let them put on whatever they want because of their good work and warranty. They said they would talk to the agent (whom they felt is a great guy) and tell him that I was also a good guy and that Honda would indeed work on my car.
  • prinkeyprinkey Member Posts: 1
    Ok, so I got in an accident last march. I was running an errand for my dad and the brakes went out. He didn't have insurance. State farm is trying to get money out of me and threatening to suspend my license. Who is liable here, me or my dad? If they can suspend my license, for how long? If it does get suspended, will they give me some kind of notice? If they give me a notice, will it be a day, a month, a week? Thanks ahead of time for any help you can give.

    Email me at JacobLPrinkey@aol.com
  • bobbybobby Member Posts: 6
    I am a California resident. I was involved in an accident in California one year ago, and I was at-fault by police report. My car got slip and veered into the car in the next lane, but I did not get a ticket. In the police report, the other party claimed back and neck pain and was taken away by an ambulance. Today I received a letter from the insurance company, told me that the body injury claim could exceed my policy limit, and there is a lawyer representing the other party.

    In this case, who should be the next party to pay the extra (if it does exceed the policy)? The other party's insurance? The other party's health insurance? or me?

    If it exceeds the policy limit, my insurance company essentially will not defend, is that true (the insurance company told me that I have the right to retain my own lawyer)?

    Thanks,
  • euphoniumeuphonium Member Posts: 3,425
    1. Your insurance company will defend you in court & in addition to the defense costs pay up to your limit of Liability.

    2. Should the court award damages in excess of your insurance, you will be held responsible for the excess judgement. You should now hire an attorney to represent you in case of any excess judgement.

    3. If the injured party has separate health insurance, that health insurance would be secondary & contribute after your Liability insurance is exhausted. The health insurance company would then seek to be reimbursed by you.

    Good Luck.
  • euphoniumeuphonium Member Posts: 3,425
    Hopefully, you have your own car and your car insurance was in force at the time of the crash. If so, your own insurance is triggered into payment even though it is not primary, but secondary coverage in this case.

    If no insurance anywhere, your license is in jeopardy as a result of violating your state's Financial Responsibility Law by being involved in an accident, and it doesn't matter who is at fault.

    You can retain you license by providing Liability Insurance with proof to the Financial Responsibility Division of Dept. of Licenses. This proof is often referred to as a "filing" and some states use the form SR 22.

    How much notice is speculation depending on your state and how fast they process the paperwork.

    Both you and your dad are liable: You the driver and he the owner.

    Thus, he will also get the same attention as you & his license is not too safe either.
  • 2002passat2002passat Member Posts: 2
    Hi,

    Was wondering what is my responsibility to the lessor is as the lessee for informing the lessor about an accident to the leased vehicle that does not total the car, does not cause damage that make the car unsafe, is completely covered by your insurance or another 3rd party, and is repaired by a reputable body shop.

    Am I required to inform the lessor of the accident right after it happens, after it has been repaired, when the car is returned to the lessor at the the end of the lease period or never?

    I had a tree fall on the top of my 2002 Passat station wagon and the car sustained cosmetic damage on the side of the car and a dent on the roof of the car but no permanent structural damage. As the fault of the accident was the city's, they paid my claim and I had the car repaired by a local, reputable body shop.

    Please help answer this question.

    Thanks!

    -2002Passat
  • bobbybobby Member Posts: 6
    Thank you euphonium!

    Can the injured party claim the loss from business or employment on top of the medical costs?

    I am afraid that, if the insurance company realize that the final judgement will definitely exceed the policy limit, they may give up or do not do their best effort in defending.

    Thanks again.
  • marsha7marsha7 Member Posts: 3,703
    on some recent posts...

    the accident on bank property where the guy accused the poster of backing inot him...police will show up when called (at least, in GA), but the report that is written up is called an "Incident Report" on private property, as opposed to "Police Accident Report" on the roadway...they can still attribute fault by way of the evidence presented, but tickets are not usually written because no roadway laws were violated...

    I forget if I ever mentioned this before, ALWAYS GETS A POLICE REPORT...by that I mean ALWAYS GET A POLICE REPORT...which, when translated from Sanskrit to American English actually means ALWAYS GET A POLICE REPORT!

    Gameshot: if I recommended to you to skip out on paying the guy you admit you hit, I would be the unethical scum that everyone accuses lawyers of being...so, pay him the damages of $1K, BUT BE SURE TO GET A PROPER RELEASE FOR FURTHER DAMAGES TO PROPERTY AND ESP BODILY INJURY...seek a lawyer for a proper release, don't "save" money and compose one on your own...

    Considering this was a private transaction, I fail to see why he is under any obligation to seek 3 estimates...that only works because insurance companies have more power than you or me...he may not be eager to call police as he may be on a suspended license or uninsured, but you have the legal/moral obligation to repair his car...

    Side issue: It amazes me how folks think lawyers are always unethical scum, but if we can figure out a way so they can screw the other guy, well, we're just good lawyers because we found the loophole for HIM...you admitted you did it, you owe it, now pay it and quit complaining...

    The reason for the release is to protect you from any further claims...in GA, bodily injury claims can be made up to 2 years post-accident...

    bobby: loss of earnings can be claimed as part of medical damages, but there is a caveat (isn't there always?...why do you think the stock answer from a lawyer is..."it depends"?)...

    If you work for someone, and miss 10 days of work, there is someone who can document (owner, supervisor) that you lost 10 days because they had work for you to do...if you are self-employed, it is difficult to prove...how can I prove that I missed out on 2 accident cases, since I do not know who will call on any given day???...how can a roofer prove he missed 2 roofing jobs, how can a hairdresser prove that her appointments would not have cancelled???...they will often make you provide 2-3 years worth of tax returns, and even then you cannot prove lost earnings when self employed...

    I just tell self employed folks to suck up and work harder...besides, many hairdressers/contractors/etc. do not want their income scrutinized as they often...ahem...cough...may not claim all that income from their chosen field...I don't care who squawks at this, but if you think the $75 you paid the plumber to clear your clog is reported to the Feds as income, then you probably will never understand the ever-present requirement of ALWAYS GET A POLICE REPORT!!! ;) :shades: :P ;)
  • gameshot911gameshot911 Member Posts: 5
    If I am at fault in an accident, but the other guy does not have insurance, do i still legally need to pay? (how about if im filing a claim with MY insurance?)
  • manamalmanamal Member Posts: 426
    Quick answer: YES

    Long Lecture: I am getting sick of people trying to wesle out of paying for there own mistakes. It is stupid not to ave insurance, and in many places illegal. However, if the insured causes the accident, then the insured is responsible! There was recently a fatal accident where the surviving driver was drunk somewhere in the DC area. He was charged with DUI, but nothing else. Because, even though he was drunk, he did not cause the accident. He was breaking the law by driving drunk, but other than that his driving was OK.
  • marsha7marsha7 Member Posts: 3,703
    If you cause the accident, but the other guy was uninsured, why, in your wildest imagination, would you NOT be responsible to pay for his damages???...his lack of insurance is certainly worth a ticket for $500 fine, and it was sheer "luck" that he was found due to your collision, but his lack of ins does not change your level of fault...please explain how your logic would relieve you of paying his bills if you are at fault...even if I was drunk I cannot come to that conclusion...:):):)
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