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Questions About Auto Insurance and Accidents

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Comments

  • samncsamnc Member Posts: 44
    I thank you for your concern.

    My point is the at fault driver should pay not the innocent people.

    I don't know what is the missing information you need to know. Your are a lot better than those people with judgemental attitude, at least you have a mind to inquire what happened. Those judgemental people might have already driven a lot of innocent people to pay for the insurance premium hikes. Those people might have little money and were driven to unbearable life as a result of the judgemental decisions of the police, so call witness, so call adjusters, so call experts who did not even go into details of the case.
  • mikefm58mikefm58 Member Posts: 2,882
    Anyone else here feel like they're talking to a wall?

    Samnc, you just don't get it.
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    Zee engineering department iz vorking on zat!!

    Actually if you hit a Porsche it's always your fault. That's the law.

    (just kidding).
  • matador51matador51 Member Posts: 17
    I owned a 1998 Taurus and it was involved in a accident and the other party was completly at fault. I need some advice on how I should proceed.

    Background
    1) - We have government insurance and all parties are covered by the same company.
    2) - My annual premuims are ~$800 per year and the since my car cost more to fix than write off they have decided to write it off.
    3) - They are offering me $4200 Cdn which is the value of a 1996 with the same mileage and mine is a 1998. They tell me the asking price of the replacement car can be negotiated but I can't repalce the car without getting about 30% discout for the car dealership.
    4) - My wife suffered whiplash and was sore all over for about a week and is now having physio treatment. I have company insurance so the sessions cost the insurance company (government) nothing. The doctor said there is no serious damage but no x-rays were taken.
    5) - After the accident we were told just go to the store and purchase neck braces, heating pads etc whatever we need and will be reinbursed.
    6) - I called 10 days ago asking if we were entitled to a rental car and they said they would have to check. Today I phone again and they say, yes you are entitled to a rental car for two days after we give you out settlement price. By the way, your offer is $4200 which means the car must be back by Friday.
    7) - I tried to remove the insurance from the written off Taurus and my insurance agent said they don't normally allow that until the claim is settled.

    I am very angry with the treatment I have received & I'm looking for some ideas on how to get a fair deal.
  • oldfarmer50oldfarmer50 Member Posts: 24,200
    "...The rest depends on what assets he has..."

    Well let's see, a smashed up pick-up and some used furniture covered in chicken feathers. Oh yea, you can get 10% of his $7 an hour salary for the next twenty years, except he lost his job cause he can't get to work.

    Marge: Homer, the plant called and said that if you don't come in by Friday, don't bother coming in on Monday!

    Homer: Woo-hoo, a four day weekend! ;)

    2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible

  • bbergbberg Member Posts: 1
    My rv sustained water damage to the inside and consequently sustained some mold damage and some interior parts need to be replaced. After I filed the claim the insurance company wants to total my vehicle. Do I have to let them total the vehicle or can I negotiate with them to pay atleast some of the damages. The amount that pay out is and what I owe are almost identicle and besides that i just want to replace what damage I feel needs to be fixed.
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    I'm not so sure this is a good idea. If you manage to re-file a lesser claim (an interesting question, if you can do that or not)....anyway....if you do that and you have any other issues concerning water damage, you are screwed---you've signed off on the claim. So if your electrical system goes crazy or more mold pops up where you didn't see it?
  • marsha7marsha7 Member Posts: 3,703
    "Oh yea, you can get 10% of his $7 an hour salary for the next twenty years"...

    Who wants just 10%?...Here in Ga, the garnishment rate is 25% of your GROSS earnings prior to taxes...so we can garnish about $1.75 per hour out of his $7.00 per hour pay, assuming he keeps his job...

    BTW, just to toot my horn (since no one else will), that is also why I recommend that everyone pay the $15-30 bucks per year for rental car insurance...I never cease to be amazed at the folks who "saved" this lousy $25 bucks, and then lose their job because they did not have adequate transportation after the wreck...even tho the at fault carrier will pay for a rental, sometimes they will not assume liability on Day 1, as they may have to do their own (legitimate) investigation, and sometimes the adjuster can't get to appraise your car for 3-5 days...annoying, but that is reality...

    So, without your own rental insurance (or if the at-fault driver was uninsured, so even if you are innocent, the other guy will not be providing a rental for you) you may miss too much work and lose your job, making the economics even worse from the get-go...

    Unless you have an extra vehicle or someone to rideshare, get the rental insurance and keep it forever...it is even cheaper than medpay...that way, your rental insurance gets you the transportation to keep your job and make your doctor appointments so your medpay can pay for your treatment...

    Attaboy, Bob, I knew you'd tell 'em what they need to hear!!!!!
  • jeffyscottjeffyscott Member Posts: 3,855
    Who wants just 10%?...Here in Ga, the garnishment rate is 25% of your GROSS earnings prior to taxes...so we can garnish about $1.75 per hour out of his $7.00 per hour pay, assuming he keeps his job...

    And then the garnishment goes away, when he goes through bankruptcy, right?
  • marsha7marsha7 Member Posts: 3,703
    Yes, garnishments are extinguished by bankruptcy...but, don't forget, many people do not file bankruptcy simply because of a garnishment...while it may be the threshold event that causes some to file, many people simply pay out the garnishment in full and extinguish the debt...

    It all depends on the debt...I have many folks call me for bankruptcy, and when I question them, and find out that they owe less than the cost of bankruptcy, any ethical lawyer will (should) tell them that it is silly to pay me more money than you owe the creditor, simply pay out the garnishment and pay your debt in full and move on with your life...

    At least, that's what I do...now, if the debt far exceeds the cost of bankruptcy, AND THEY ARE UNABLE TO PAY IT, bankruptcy may be an option...remember, ethically speaking, bankruptcy is for those who are UNABLE to pay their debts, not for those who are simply unwilling or those that find it inconvenient to pay their bills...
  • mikefm58mikefm58 Member Posts: 2,882
    Ethically speaking you're absolutely right. But my wife had a co-worker, and to keep a long story short, made a decent salary, got in over her head in credit cards (about $50K), quit her job to take care of her elderly mother, declared bankruptcy, kept her house along with $100K in equity, then sold her house and moved in with her mother, kept the $100K, and never paid off the old credit card debt.
  • jeffyscottjeffyscott Member Posts: 3,855
    Thanks.

    I ask these questions because I have kids just starting out who have no money and not a lot of income. So I am wondering what risks they are taking by having, say, 50/100/50 coverage.

    My wife and I have plenty of money and plenty of insurance, but at some point I don't think we are responsible for the "kids" any more. Legally that is at age 18.

    Ethically and morally...I don't know, I guess one could argue that as long as they are our dependents that we should be responsible, even if they are over 18???
  • kyfdxkyfdx Moderator Posts: 265,629
    I think the risk might be having a bankruptcy on your record.. That would stick with you for a very long time..

    I find that paying for the higher limits is just not that much more expensive...

    Of course, I'm old.. :(

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  • fezofezo Member Posts: 10,386
    Dang! You wrecked a perfectly good set up saying what an ethical lawyer would do. I'm all set to pounce and then you said that's what you would do.

    Oh, well.

    I appreciate seeing in here the wisdom that I've lived by in insurance. I want to be able to be able to hit that Porsche and not pay! Hasn't happened yet...

    I even carry collision on older cars.
    2015 Mazda 6 Grand Touring, 2014 Mazda 3 Sport Hatchback, 1999 Mazda Miata 2004 Toyota Camry LE, 1999.
  • marsha7marsha7 Member Posts: 3,703
    mike: while I am only knowledgeable with GA, off the top of my head, the only two states where you can have $100K in equity and keep it in bankruptcy (Chapter 7, that is, you can keep anything in a Chapter 13) is Florida and Texas...did she live there, or was it a Ch 13????????...or is there another state where that much equity can be kept in a Ch 7???

    fezo: I hate to disappoint you, but maintaining an ethical standard is quite easy if you don't want to sell your soul for money...hell, I want as much money as I can make, but, as I have said for years, "My services are for sale, my soul is not"...

    It is one thing to be a shrewd lawyer and do all you can within the law for your client...it is another to simply break the rules for money, which is something I will not do...which is why I sleep well at night...
  • mikefm58mikefm58 Member Posts: 2,882
    Not sure whether it was ch 7 or 13, but it was in Florida
  • marsha7marsha7 Member Posts: 3,703
    Florida has, I believe, a $125K exclusion if you own the house under 4 years, and unlimited exclusion if over 4 years...

    One of the reasons that Congress changed the bankruptcy laws effective Oct 17, 2005, 2 years ago, was that they wanted to rein in the Texas and Florida real estate exemptions...what folks in NY would do was sell their property in NY, move to FL or TX, buy a home with the cash, and then file bankruptcy 6 months later, keeping all of their home equity...

    Congress put a time limit of 4 years for the unlimited exemption to take effect, and I believe that it is $125K for the time period of 6 months to the 4 year mark...
  • samncsamnc Member Posts: 44
    as I have said for years, "My services are for sale, my soul is not"...

    It is one thing to be a shrewd lawyer and do all you can within the law for your client...it is another to simply break the rules for money, which is something I will not do...which is why I sleep well at night...

    I wonder if you know anyone (with accreditable status) can determine the speed of an old vehicle (a Lincoln sedan) hitting a very slow turning vehicle (a Nissan Versa - small one) that caused a lot of damage to the slow moving vehicle?
  • fezofezo Member Posts: 10,386
    Bob - I know. My brother is a lawyer with his own general practice and he's a good lawyer who can sleep at night. We all know about stereotypes and that there are those who fit them and thus let the stereotype be perpetuated. Most of us know that there are a lot of really good people also in those professions.
    2015 Mazda 6 Grand Touring, 2014 Mazda 3 Sport Hatchback, 1999 Mazda Miata 2004 Toyota Camry LE, 1999.
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    That would be an accident reconstruction specialist. They are extremely expensive to hire, as in "extremely".
  • samncsamnc Member Posts: 44
    Thanks.

    Apparently, the other car insurance company is more enthiusiastic to find out the cause of the accident. Maybe justice count on this comapny rather than my own insurance company.
  • mikefm58mikefm58 Member Posts: 2,882
    what folks in NY would do was sell their property in NY, move to FL or TX, buy a home with the cash, and then file bankruptcy 6 months later, keeping all of their home equity...

    That's just what OJ did. You should see his house in southern Florida.
  • fezofezo Member Posts: 10,386
    Give him a few months. He might not be needing it for a while.

    I can jsut imagine what he's got down there.
    2015 Mazda 6 Grand Touring, 2014 Mazda 3 Sport Hatchback, 1999 Mazda Miata 2004 Toyota Camry LE, 1999.
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    Friend of mine gets hit by another car. Totalled. His car gets towed to a towing yard. He is now haggling with the insurance company on payoff, but towing yard is charging HIM $45 a day? Is this right? I thought wrecks go to a big holding yard and the insurance company pays storage and then the car is sold off at the holding yard.

    Any ideas about this?
  • marsha7marsha7 Member Posts: 3,703
    storage charges of $10-15-20 daily to hold your car, which is usually paid by the at-fault insurance, along with the towing bill to get it there...sometimes taken to huge "storage lots" but also can sit on the lot of the local guy with a tow truck...either one gets to charge for storage, since no one will do it for free unless your car is towed to your driveway...or directly to the repair shop, if you know who does the local repairs...
  • oldfarmer50oldfarmer50 Member Posts: 24,200
    "...what folks in NY would do was sell property in NY, move to FL or TX, buy a home with the cash, and then file for bankruptsy..."

    I think that was because NY only lets you keep 10K in home equity when you file. That's what I love about NY, they love the poor. So much so that they want all the middle class people to be poor too. :cry:

    2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible

  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    makes sense, thanks!
  • mikefm58mikefm58 Member Posts: 2,882
    Same thing happened to me years ago when my wife was rear ended by a drunk driver while sitting at a stop sign. The only thing they could do was file a lien against the car to ensure they got paid. Eventually the at fault driver's ins co reimbursed me.
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    I heard somewhere that it's bad for you, the victim, to insist to have the other driver declared drunk, (if it isn't obvious and no cops are around but you can tell he's been drinking) in that his insurance might balk at paying. Any truth to this?
  • mikefm58mikefm58 Member Posts: 2,882
    I haven't heard of that, but it wouldn't surprise me a bit. Every year premiums go up and there's always some new kind of exclusion added to the policy.
  • sky23213sky23213 Member Posts: 300
    That is currently the case with forgiven debt, it is considered by the IRS as income. I heard a blurb though that there is a push to change that to relieve people, especially with the current mortgage mess.
    Bob?
  • jeffyscottjeffyscott Member Posts: 3,855
    I heard somewhere that it's bad for you, the victim, to insist to have the other driver declared drunk...

    Might this fall under the exclusions for losses due to criminal acts?
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    Yeah, that was my thinking. If you call the cops and insist the driver get a DUI, this might delay or damage your own claim against him? I'm not saying this is the fact, but the question has come up from time to time. Of course if the cops bust him without your interference, you might still be in jeopardy. Sure, he goes to jail, but you're stuck with a smashed car and this "criminal act" hassle.
  • jeffyscottjeffyscott Member Posts: 3,855
    Here is one lawyer that says so:

    http://www.keenerlaw.com/hit_by_drunk_driver.htm

    ...insurance companies can claim in some DWI cases that if the accident was a "criminal act," then it is not covered in the policy and the insurance company is not liable for any of your injuries.
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    Whoa, that's nasty! Of course, this lawyer is selling fear, so I wonder if it's accurate info. I mean, I wouldn't put it PAST an insurance company to invoke the "criminal act" maneuver--don't get me wrong.

    Boy, what a scum-sucking, weasely, stinking piece of rodent behavior that would be, to deny you coverage.
  • marsha7marsha7 Member Posts: 3,703
    sky: I do not know of any changes in the wind, but if discharged debt was to be re-stated as imputed income for tax purposes, that would defeat the entire purpose of bankruptcy...plus, FYI, with certain conditions, you can even discharge taxes if they are over 3 years old and other conditions are met...

    DUI: here in GA, if the at-fault driver is DUI, it is a slam dunk for me as a plaintiff's attorney...knowing that the guy who ran the red light and hit you was drunk means liability is not only assured, it is guaranteed by a higher power...:):):)... while it does not impute policy limits on minor injuries, juries are quite upset when the offending driver was drunk when he injured the other car, and the company insuring the DUI does NOT want to defend their driver in court, because of the possible bloody mess after the jury returns with their verdict...habitual DUI ???, meaning more than one in the last five years, there is no need to buy Lotto tickets anymore, at least for the Plaintiff...well, a slight exaggeration, but multiple DUI is not good for the offebding driver...

    Plus, one other aspect...any automobile judgment against you that has DUI as a component CANNOT be discharged in Bankruptcy, unlike a regular judgment from a wreck... it becomes like alimony and child support, the debt will stay with you forever...
  • wlbrown9wlbrown9 Member Posts: 867
    Do they not have health insurance to pay the medical bills?

    Well, even if they do the medical insurance might want repayment. Wal-Mart has won a lawsuit against an employee that recovers most of the net settlement with an at-fault trucking company leaving the disabled former employee without funds for care. read about this here

    http://biz.yahoo.com/wallstreet/071120/sb119551952474798582_id.html?.v=9
  • bburnettebburnette Member Posts: 1
    I rear ended this lady today, who was pregnant, but i couldn't see a thing because of the blinding sun. Even the cops acknowledged the fact. I was not cited or ticketed or even at fault in their eyes, but that was for the insurance companies to decide. They took the lady to the hospital but she was cleared and released; however, she's still sueing. I guess I am just at a loss of how she has a case.
  • dtownfbdtownfb Member Posts: 2,918
    She has a case because you ran into her car. Not sure why the police did not cite you or give you a ticket.

    Is she suing for damage to her car or for other things? Damage to her car and the medical bill for her visit should be handle through your insurance company. Anything else and it probably is excessive.
  • oldfarmer50oldfarmer50 Member Posts: 24,200
    "...at a loss of how she has a case..."

    Could be a case of "lawyer lottery" where she tries to get some money from your insurance co. to go away. Years ago my father was sued by a woman who hit him and then sued for $1,000,000 because she chipped a tooth.

    2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible

  • qbrozenqbrozen Member Posts: 33,736
    i couldn't see a thing because of the blinding sun.

    great excuse.
    "gee, I couldn't see because its night and my headlights don't work."
    "I had my eyes closed."
    "I'm legally blind."

    There is no difference in any of those statements. If the conditions do not allow you to drive safely, then you shouldn't be driving under those conditions! What would you say if you ran over a pedestrian?? "Oh, sorry you're dead. The sun was too bright. But I had to get to starbucks, so I'm excused, right?"

    I was not cited or ticketed or even at fault in their eyes

    If they didn't find you at fault for hitting someone, they are either idiots or there is more to the story than you are giving us.

    '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

  • Kirstie_HKirstie_H Administrator Posts: 11,242
    That's a bit harsh.
    Every weekday morning, I travel East on a major E-W interstate to get from my house to my job. In the evening, I travel West. Each way, there's a period of about 15 minutes during which the sun is so glaring & blinding that it is extremely difficult to see - for everyone, not just me.

    Are you suggesting that this major artery be vacated by drivers for the rush-hour period? Drivers tend to be extra cautious during those periods due to the decreased visibility.

    But sometimes, despite one's best efforts, someone gets rear-ended. If you're going 55 in those conditions, then I'm thinking you're negligent. If you're going 10 MPH... well, it's just going to happen.

    MODERATOR /ADMINISTRATOR
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  • samncsamnc Member Posts: 44
    Other than your insurance company should pay for her car damaged and medical treatment, what else she is sueing? Listen to her and her stated amount if sound reasonable. This is from a layman's common sense.
  • jeffyscottjeffyscott Member Posts: 3,855
    Well, even if they do the medical insurance might want repayment.

    Naturally, the health insurance that paid the bills is entitled to collect whatever the at-fault party's insurance paid out to cover medical bills. Sob story or not, the injured party is not entitled to get their medical bills paid and then also collect for these same bills and put the money in their pocket.
  • qbrozenqbrozen Member Posts: 33,736
    Are you suggesting that this major artery be vacated by drivers for the rush-hour period?

    Only by those who feel that they are not responsible for their actions under those conditions. ;b

    If you're going 55 in those conditions, then I'm thinking you're negligent. If you're going 10 MPH... well, it's just going to happen.

    That's just it. It is the driver's responsibility to drive as the conditions allow.

    This is the same as driving in inclement weather. Is everyone who slides on ice and bangs into someone else exempt from responsibility? Of course not.

    And, as with any conditions, you follow at a safe distance, put on your sunglasses, or whatever is required to operate your vehicle in a manner where you don't hit anyone.

    '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

  • marsha7marsha7 Member Posts: 3,703
    you are at fault because you rearended someone who did not cut you off, therefore, if you are not at afult, who is???...the sun???

    This is one of those cases where fault should be yours...

    As far as health insurance, here in GA, ins companies are refusing to pay for med bills (auto accident related) until they determine if there is no liability ins to pay...I think it is wrong...you (or your employer) are paying premiums for it, you should be able to use it...

    oldfarmer: please put this in context...it is one thing to "sue for a million", but did she actually get that kind of award from the jury???

    An odd twist that may explain why attorneys sue for millions when the case is worth $15K...only a few years ago, an atty had an accident case go to a jury...he demanded $46K from the jury, and the jury came back with an award of $75K...she then sued her atty for NOT DEMANDING ENOUGH MONEY...so, it is now easier for us to demand a million, knowing we at least covered ourselves in terms of asking enough for a strained neck injury with a pinky hangnail
  • oldfarmer50oldfarmer50 Member Posts: 24,200
    "...please put this in context..."

    That's what I thought I was doing. My point was that people sue for reasons that seem silly sometimes. They also sue for personal gain hoping to make a killing. The woman I mentioned did get a settlement with my father's insurance. How much was never revealed. I bet it was more than the cost to cap her chipped tooth.

    "...An odd twist may explain why attorneys sue for millions..."

    I already explained this in post #2874. Please try to keep up, I'm tired of carrying you here. :P :P :P

    2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible

  • cccompsoncccompson Member Posts: 2,382
    You might be surprised at how cheaply many claims settle for. Insurance companies only pay when they have to and they don't make a habit of settling for more than a case is worth.

    While there are some who are trying to hit the lottery by filing in court, for the most part such cases are filed because the insurer won't pay what the claim is worth.
  • marsha7marsha7 Member Posts: 3,703
    to carry me along, since I do such a poor job of it myself...

    It is an interesting system, with detractors on both sides, that is, the legal system...people who are injured due to someone else's negligence (carelessness) deserve compensation...how much is always the question...

    You would be surprised how often that ins company offers are less than the medical bills...I have a case right now with a mere $2,500.00 in treatment bills ($7K in vehicle damage, so the impact was pretty strong) and the insurance's best offer is $1,600.00.

    If that was you and I was your atty, am I clogging up the courts by filing suit???...will you settle for the $1,600.00 and oay the remainder of the med bills out of your own pocket???...I would bet that you wouldn't...

    So, you may read about the Mcdonald's coffee cases with ridiculous awards, but the only reason you DO read about them is that they are so rare, they are not the norm...

    Even in medmal, in GA, despite all of the medical errors that we KNOW happen all the time, 90% off all medmal suit are decided for the Defendant Medical Doctor, meaning an award of ZIP for the injured party...

    So, someone may have sued for a million for a chipped tooth, but to be enraged is silly, since suing for an amount has NO relation whatsoever to the amount they are finally awarded, and that amount may often be zero...
  • samncsamnc Member Posts: 44
    An odd twist that may explain why attorneys sue for millions when the case is worth $15K...only a few years ago, an atty had an accident case go to a jury...he demanded $46K from the jury, and the jury came back with an award of $75K...she then sued her atty for NOT DEMANDING ENOUGH MONEY...so, it is now easier for us to demand a million, knowing we at least covered ourselves in terms of asking enough for a strained neck injury with a pinky hangnail

    If she agreed $46k in the 1st place, I don't see why she should sue the attorney. She was greedy and I bet she lost the case against the attorney.

    So now how an attorney could justify a $15k to a $m claim and in front of the jury, just greeds and not any sympathy for the case.

    To be honest, I will not trust my attorney if he/she suggested 1$m for a $15k damage. He/she has lost his/her common senses.

    This is from a layman's point of view.
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