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Comments
1) Is there any easy way to find out if someone has insurance?
2) Is a contingency lawyer needed if the other party doesn't have insurance?
thanks!
personally, i'd let my insurance company handle it. they have much more experience going after at-fault parties than I do.
Did the police report not list her insurance info? (i honestly don't know if police reports normally do, but since you were taken away in an ambulance, i don't see how you could have been expected to do it.) Was the other person issued any tickets?
'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
Good advise to let the insurance companies handle it. You may need to get a lawyer or at least consult with one especially if damages, medical bills, lost wages, etc. exceed the other driver's coverage.
Oh, and Christmas is coming...don't forget to add medpay to your car insurance...:):):):):)
Opening car doors in parking lots is a usual activity of the location and drivers are responsible for their vehicles striking such objects. 100% at fault.
I'm currently under my parents insurance policy and I am thinking of purchasing a new car. To take advantage of the great financing rate for this car, I would like to finance it under myself since I have better credit than my parents. If I purchased and registed this car using my name, would I be able to add this car to my parents policy or would it require me to create a new policy for myself?
Thanks,
Johnny
By not involving your parents, with their credit rating, it may cost you less for one car on your own policy than having a multiple car discount on your parent's policy which is rated higher due to their credit rating.
tidester, host
A police officer, who turned to be a classmate of the liquor shop patron, did no charge anybody. However, the insurance company claim adjuster decided that it is a 100% fault of the man who opened the door. It was his insurance company adjuster, not her. It helped, of cause, that the dent on her car was not on the bumper, but on a fender, an inch or so to the side from the bumper. The adjuster told she that the location of the dent clearly demonstrates that she had no time to stop.
By the way, many people are opening door without looking around, especially younger children that are getting off a car. Moreover, they are opening the door really fast. The door can hit a car pulling in an adjacent parking space even if the driver took care and stopped to move. I was always afraid of school parking for this, and parked as far as possible when I drove my son to school or back.
Especially bad in this respect are cars with toned window, including most of SUV and minivans: it is impossible see through window if anybody is there and if he is going to get out of the vehicle.
It is easy to avoid the problem by looking at side mirror before opening car door, and not opening it while another car is driving by - on street, shop parking, or in parking garage. It is a good idea as well to teach children to never open their doors until they get a permission. Not so much for the sake of doors, but to avoid to be hit by a car.
That would make a difference!
tidester, host
Would he open the door when she was 2 inches farther, would it turn into her fault? I mean in reality, not in an official judgment.
As you suggest, reality and adjudication don't necessarily coincide. I can think of situations where the reality could go either way. Judgment, however, tends to direct guilt toward the driver of a moving vehicle when striking a stationary one.
Any lawyers willing to weigh in?
tidester, host
What the lawyer told me was that since the UM is supposed to substitute for their insurance completely, including pain-and-suffering, you need a lawyer against your own insurance company just like you would against theirs, since exactly the same considerations go into the settlement. Your insurance company tries to minimize the damage, your lawyer tries to maximize. He also said that legally your rates can't be raised if you're not at fault (which I'm not).
Makes sense but still seems odd.
And, the collateral source rule seems to be void, because they know if your Medpay paid your med bills, since all the data is on one computer screen...so, the amount of Pian and suffering you receive will be greatly diminished when you make a UM claim, but it is still better than pursuing an uninsured driver who probably has nothing to seize...
RE: the comparative negligence posts above...this is kinda why I wish that police WOULD make a fault judgment when this type of accident occurs, because w/o assignment of fault, neither company will accept the status as "Liability carrier" if the cop was nice and did not charge anyone...
The cop's failure to charge means someone gets off the hook and someone who should have the other insurance pay their damages will not be placed in that "position to receive" because each carrier says the other is at fault...
AND, sometimes fault really is shared equally, so SOMETIMES the cop does the right thing and each party should be responsible for their own damages...
Parked car usually has priority as it is stationary, but if parked over the line, or someone suddenly opens a door, unsure who is at fault...similar to a child running ouit from between 2 parked cars as someone is driving 15 mph in a 25 mph zone...is the driver negligent for running over the child???...not necessarily...one dead child could just be the child's fault, or, better yet, the parent's fault for not controlling the child...how's THAT for a guilt trip on the parents???..."Mrs. Jones, your child is dead and, frankly, it is your fault for being an incompetent mother"...don't want to be around to see that one...
It was a pleasant exchange, and after I got home with her information, talked it over with my GF. I was satisfied to just let the insurance company handle it (I've got liability on the daily beater). She wasn't so keen on that idea as I described the damage, stating that it might be better just to have the other party get an estimate, and present her with a settlement not involving the insurance company.
After I went online to check the policy conditions even though I had the paperwork (I'd not used my insurer's website in close to a year after setting up online payment, simply clicking the auto renew), I discovered that my coverage had been dropped a few weeks before.
After calling the insurer, it appears that it was due to an incorrectly listed VIN number for the vehicle, which made no sense to me, until I discovered that it was for a vehicle I did own of the same make; and my bank had paid for coverage for the two month period. I took care of this, but did not delve into the accident details.
However apparently this leaves open the question of coverage. While I'm not sure what the insurer will decide, as far as I was aware I paid for coverage. My GF is even more adamant that I call the other party and attempt to not go through the insurance company now, but to me that would seem not in good faith. Maybe it's just on principle, me thinking, well I paid for this, it can't be my fault that the agent goofed the VIN numbers.
My head simply says call the other party and explain to her the situation and see if the insurers can get the situation fixed, as there's no question of fault. Any advice?
State Farm would not pay to fix one of my sedans when a State Farm policy holder was 100% responsible (ran a stop sign) but the buy out was reasonable. ( $1,995 for an 11 year old full size sedan back in 1991).
State Farm would not pay to fix one of my sedans when a State Farm policy holder was 100% responsible (ran a stop sign) but the buy out was reasonable. ( $1,995 for an 11 year old full size sedan back in 1991).
We bought a sedan of the same make that had more miles and was 2 years older for $ 600...we were just lucky in my opinion.
Regarding the accident in itself I'm in the process of settling with them to avoid fighting on two fronts.
Thanks to anyone who may have responded
Thanks!
I had a similar accident where my car ended up with a small dent and minor scratches on the side for somebody's fault completely, its a brand new car i bought one month back. His insurance company said they wud bear everything but the body shop bills would be billed directly to the insurance company and they said they wud also cover the diminished value for the car, just wondering if they paid u anything in this regard, I dont know exactly how much to expect, or how this accident is going to affect the resale value of my car. Any comments wud be appreciated.
thanks
Sam
fixing cosmetic damage really does not devalue the car, even tho it is not in "showroom condition" as it just takes a dent remover and some paint to repair...
diminished value is, IMO, where major component damage occurs requiring new fenders, doors, trunk, frame straightening, something other than surface cosmetic damage...
So, if a bumper was damaged, and they unscrewed the bumper, put on a new one, and it was good as new, I would not think there was any diminished value...
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I didn't even know what to say. How is throwing a number like $10K out there not an "offer"? I need to respond but don't want to lower my demand if it's not really an offer. Sure sounds like an offer to me. :confuse:
Any thoughts?
(I am making up numbers now) My medical bills were $5,250.00, my lost earnings were $1,650.00, and I believe the remainder, $10,100.00 is quite reasonable for the pain and suffering I have endured, and will endure in the future. Ever since the wreck, my daily life has been filled with pain with every move I make, my Activities of Daily Living have been hindered, all due to the negligence and carelessness of your insured. (If you are a woman, and if the adjuster is female, and if what I am about to say is true, it often helps). One of the toughest tasks for me in the last 2 months is just putting my bra on and off. The pain in my arm/shoulder joints has been unbearable as I fight with the firmness of the elastic (do not use this if your main problem was lower back and leg pain...:):)..)
Anyway, you are not just asking for $$$, but asking for it and give reasons for why your situation is worth it...by telling them how the injuries, caused by their insured, have altered your life, and may alter your life in the future, will give more justification why you deserve it...
It is a guarantee???...no, some adjusters are just SOBs and some have some compassion, and you never know who you will get...the main thing is not to pull a number out of the air, like...my meds are $5,000, so I believe my case is worth a half a million...and yes, some folks actually walk into my office with this crap in their heads...I send them down the street to the other guy, let HIM have the headaches...sometimes you make more money by NOT taking the case that the client thinks is a surefire homerun...
Altho maybe not those, eh???????????????????? :P :P
The operative word is "some."
tidester, host
I think a caveat is if there is a lot of paint work involved, there will be diminished value, even if there was only minor cosmetic damage. It's easy to explain a new bumper or a panel or two that's been repainted, but if a knowledgeable buyer looks at a car where most or all of the vehicle has been repainted, it can get hard to explain.
what year and model is it?
why were you found 10% at fault?
'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
You need to explain more about the accident.
Curiously waiting... Mark156 :surprise:
I have to pay the 10% because Minnesota is a 'no-fault' state and I should/could have been looking before going through my green light. stupid.
I think everything will work out, but it'd be really nice to have absolutely everything paid for, as I am having to wait a month and a half for my own car back...obvious hassle, and it really wasn't my fault.
do you think there's anyway that it could work out in my favor??
What official came up with this 10% B.S.? If it was the other company's adjuster, you do not have to accept his opinion. After all, the guy who blew the Red light didn't get 90% of a ticket for doing so.
Get pro active and do not agree to 90% of your claim. You deserve 100%. :mad:
What do insurance companies generally do to your premium after you make a glass claim under your comprehensive coverage? Raise rates, cancel, nothing?
What happens if you call your agent and ask what happens if you were to make a glass claim. Is the call logged as a potential claim that goes on your "record" that may affect your rates in the future?
Thanks!
Steve, Host
SUVs & Speed Shop
ok, if we must, some kids in your neighborhood have been throwing rocks at cars and they broke your driver's side window... :sick:
no wait, a tree over your driveway had a limb that broke and your sunroof has a hole in it... :shades:
(Fifty years ago when there was no deductible on Comprehensive claims people used to make a $2.50 claim for a broken headlight.)
4burb, "Honda Pilot Owners: Problems & Solutions" #2330, 5 Jan 2007 8:48 am
we got on a topical thread going about someone submitting a claim for broken sunroof glass because of snow at steve, our hosts suggestion.
i indicated to steve one should be weary about submitting a claim if not absolutely necessary (for example, if you have a high deductable and the cost of the replacement is fiscally manageable (deductable or not), it benefits you NOT to report it, nor for that matter, even INQUIRE about it.
and the scenarios I presented a few posts back here... if you look at them, they involve potentially other metrics which may have an influence on rates.
is there an actuary, adjuster or someone VERY inside the insurance picture reading this forum who can remain who could calibrate us here.
i am not paranoid, but we have no control over what is logged / flagged / checked in their databases when corresponding with the company nor the mathematical models / formulas used for determining risk and rates.
for example, even if one is no-fault, might one's rates increase if involved in one or more accidents? i suspect YES, because it shows a potential probability to be involved in a FUTURE event?
experience suggests yes. :surprise:
That said, the general rule is that a comprehensive claim will not have a negative affect on you. However, there must certainly be exceptions.
I've had Nationwide for 35 years. We had a nasty hail storm here in Columbus in October. The adjustors have been super and pointed out that the storm was considered by Nationwide to be a "catastrophic event" (thereby explicitly proclaiming that rates/coverage won't get bumped). That was good news indeed since our house and 5 vehicles were damaged and Nationwide will pay us in excess $15,000 all told (by far the largest payout they've made in our relationship). So the question then arises - what would have happened if they had not considered the storm damage a "catastrophic event?"
18 months ago my wife hit a car in a parking lot causing minor (less than $400) damage. She supplied the owner with our insurance information before speaking with me. When I learned of the event I personally went to see the guy and assess the damage. Told him I'd pay it out of pocket upon his presentation of an estimate. We then went out of town for a few days and he got jumpy when his call wasn't promptly returned and contacted Nationwide. After straightening this out, my agent said that inasmuch as they never paid, the event had no negative impact on our rates. Still, I can't help but wonder...