Car Accident - Insurance Blow-off - Chicagoland Sportbikes
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post #1 of 44 (permalink) Old 01-31-2008, 01:50 AM Thread Starter
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Car Accident - Insurance Blow-off

I'm hoping someone who's been through this, or someone who knows law better then I can help guide me here.

Two weeks ago I was in a car accident. A guy in an expensive caddy pulled in front of me while I was leaving work and caused an accident. I wasn't even a block from work when this happened. He was ticketed for...Failure to Yield resulting in an accident I think. I did not get ticketed, nor was I speeding...I wasn't even going fast enough for my air bag to go off.

The guys insurance company just sent me a letter that arrived today, that simply states: After careful evaluation of the facts, we can only conclude that our insured was not responsible for the captioned occurrence. We, therefore, respectfully decline payment of your claim.

So, my car is at a body shop with front end damage, I've got a shitty Ford Focus rental car, their guy clearly caused the accident...and yet, somehow they can just wash their hands of me?? Is this legal?

I'm calling my insurance company tomorrow, I hope they take care of me better then this guys insurance. But I have a $1200 deductable that I can't afford right now, and I'm afraid there are going to be charges that my insurance company is going to have issues with...like storage fee because this other guys insurance dragged their feet for two weeks, rental car, etc.

I have Farmers, and my agent is nice, but not super helpful when I called him the day after the accident. He basically said; unless you are claiming this through us, there isn't anything we can do for you. If you don't get satisfaction from General Casualty (the other guys insurance), give us a call.

General Casualty played nice, then bit me in the ass.

I'm furious about all this. I've had such a terrible past few weeks with all this crap happening to me at work, at home, financally, and now this. I'm going to have a friggen melt-down any second now....

So yeah...thanks for listening to me vent. It's almost 2AM and I can't sleep because of all of this. I'm going to call my insurance agent as soon as his office opens in the morning to see what to do next. But I thought someone here might have some advice as well.

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post #2 of 44 (permalink) Old 01-31-2008, 02:07 AM
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He was ticketed... He was at fault. It is

Best of luck dood!!!

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post #3 of 44 (permalink) Old 01-31-2008, 02:41 AM
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he's a rich ass hoping that you don't have the time or resources to pursue this

maybe call him up and tell him that if he ponies up the cash to cover your repair expenses you won't bother to show up at his court hearing. if he declines, then mention that your neck is starting to bother you and you'll see him in court...

unfortunately what you'll probably end up doing is filing a claim with your insurance and hope that they reimburse you for your deductible if they get anything out of the other insurance company

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post #4 of 44 (permalink) Old 01-31-2008, 08:41 AM
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post #5 of 44 (permalink) Old 01-31-2008, 08:43 AM
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Eric....okay...the first mistake was not reporting this to your insurance agent immediately! I know I'll catch a lot of flak for stating that, but you pay them to represent you, in cases just like this. I would phone your agent...or insurance company...tell them what happened, who was charged and what is going on. If that doesn't work...get a personal injury lawyer, and sue the other party. Then I would follow Ernie's advice...do not blow off this guys court date! Here is your chance to make this guy's life a miserable hell! I would do it, even if his insurance has a change of heart.

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post #6 of 44 (permalink) Old 01-31-2008, 08:48 AM Thread Starter
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I did report it to my agent, who suggested I go through the other guys insurance unless they blow me off. So now I have no choice but to go through my insurance.

Odd thing, I called the body shop (apparently car is *not* totalled as everyone thought), and they are working on the car with the approval of General Casualty! So either there is yet another mix up, or they approved work on the car, then decided to bail.

I'm not sure when this guys court date is. I'll have to find out, though I'm not sure where to find out. This guy that caused the accident is a lawyer, so I'm expecting any legal action I take will be met with skilled reaction.

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post #7 of 44 (permalink) Old 01-31-2008, 08:48 AM
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^^^^ +1 I Agree should have reported it and let your insurance company pay for your stuff and let them fight it out with the insurance company.

go time traveler style and go back in time, fuck his grandma, then shoot forward in time and then fuck his mom. Then return back to present state and call him a the product of two incest whores and hes your son and show video of you plowing the both members of his family. .
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post #8 of 44 (permalink) Old 01-31-2008, 08:49 AM
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Your insurance company should be going to bat for you. That's what they are for. This is when you find out if you are getting what you paid for or not.

Who is the other guy insured with?

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post #9 of 44 (permalink) Old 01-31-2008, 08:50 AM
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Wow! I've been in quite a few major accidents over the past few years, none of which were my fault, and I always went through the other persons insurance. Never had any problems like this. If I were you, I would call back the other insurance company and tell them that you have talked to an attorney and that if they don't cooperate you will pursue legal action. I threatened that once with State Farm because they were only covering two weeks of my rental when my car was in the shop for 5 weeks. Once I threatened to lawyer up they changed their mind and paid for my full rental car.

Each insurance company is different on how they handle reimbursement for expenses. Some companies will reimburse you immediately and some will wait until everything is done before they reimburse you. Either way, the other driver was ticketed and his insurance is responsible for your damages.

If you have to lawyer up, find one that will work with the auto body shop and have a lien placed on your settlement so you don't have to pay out of pocket for the repairs.

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post #10 of 44 (permalink) Old 01-31-2008, 08:52 AM Thread Starter
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Quote:
Originally Posted by code2medic View Post
^^^^ +1 I Agree should have reported it and let your insurance company pay for your stuff and let them fight it out with the insurance company.
I've never had to do it that way before. But I see that's what I'm going to have to do now.

I have a $1200 deductable, which is going to hurt, bigtime. Not to toot my own horn, but I'm a pretty damn good driver so I honestly never expected to use my own insurance and the high deductable made sense. I've been in 3 or 4 accidents in the past 16 years, and not a single one was my fault. All but this last one were *totals* because the accidents were so serious and unexpected that I had no chance to react and dodge the bullet. This recent one was low speed, otherwise it would have been a serious and unavoidable accident. In this case, it was just unavoidable.

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post #11 of 44 (permalink) Old 01-31-2008, 08:54 AM
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OK.... so the guys insurance company refused to pay.


You choices...


Lawyer up and sue them directly.


Claim it on your insurance, pay your deductible, get you car fixed
and let your insurance company do what they are paid to do.... fight
with the other insurance company for settlement.


MAKE SURE YOU GO TO COURT ON THE OTHER GUYS TICKET.


If he is found guilty ( you are the witness ) it will aid your case.



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post #12 of 44 (permalink) Old 01-31-2008, 08:54 AM
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You originally thought the car was totaled.

Low speed accident, no airbag deployed.

wat?

Oh yeah, you're driving a toaster.



Glad you are alright, hope you get this crap settled. This guy sounds like a scumbag.
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post #13 of 44 (permalink) Old 01-31-2008, 08:54 AM
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Quote:
Originally Posted by Lonely Raven View Post
I did report it to my agent, who suggested I go through the other guys insurance unless they blow me off. So now I have no choice but to go through my insurance.

Odd thing, I called the body shop (apparently car is *not* totalled as everyone thought), and they are working on the car with the approval of General Casualty! So either there is yet another mix up, or they approved work on the car, then decided to bail.

I'm not sure when this guys court date is. I'll have to find out, though I'm not sure where to find out. This guy that caused the accident is a lawyer, so I'm expecting any legal action I take will be met with skilled reaction.
Actually, I think you have an advantage because he's a lawyer... you can sue the driver personally, as opposed to his insurance, and he will do everything possible to settle before it goes to court. It does not look good when a lawyer is being sued personally. He won't want to have that shit on his record.

You will receive a notice in the mail informing you of his court date. It can be anywhere from 4 - 12 weeks after the accident... maybe even longer.

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post #14 of 44 (permalink) Old 01-31-2008, 08:55 AM
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BTW..... when the claim is settled, your deductible should be returned
by your insurance company..... this can take years to happen.


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post #15 of 44 (permalink) Old 01-31-2008, 08:55 AM Thread Starter
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Quote:
Originally Posted by pinkrider View Post
Wow! I've been in quite a few major accidents over the past few years, none of which were my fault, and I always went through the other persons insurance. Never had any problems like this. If I were you, I would call back the other insurance company and tell them that you have talked to an attorney and that if they don't cooperate you will pursue legal action. I threatened that once with State Farm because they were only covering two weeks of my rental when my car was in the shop for 5 weeks. Once I threatened to lawyer up they changed their mind and paid for my full rental car.

Each insurance company is different on how they handle reimbursement for expenses. Some companies will reimburse you immediately and some will wait until everything is done before they reimburse you. Either way, the other driver was ticketed and his insurance is responsible for your damages.

If you have to lawyer up, find one that will work with the auto body shop and have a lien placed on your settlement so you don't have to pay out of pocket for the repairs.
Good info, but this insurance company (General Casualty to answer Mao) seems to be one of those low end high risk insurance companies that only do small business and high risk. I'm not sure if they guy is with them because they are small business, or high risk.

I have a call into my insurance agent. I'm tempted to call General Casualty and threaten to lawyer up, but I'm expecting they hear that a lot and won't be phased by it.

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post #16 of 44 (permalink) Old 01-31-2008, 08:57 AM Thread Starter
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Quote:
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BTW..... when the claim is settled, your deductible should be returned
by your insurance company..... this can take years to happen.


Tom
So I've heard. Lucky me.

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post #17 of 44 (permalink) Old 01-31-2008, 08:58 AM
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I have a high deductible also, makes sense to me Eric. This is all stemming from the lawyer prick...all is not lost....just find out his court date...you should be notified, don't let this slip tho, I'm almost positive he's talked with his insurance and told them to deny your claim...calculated risk on his part...he's figuring your young and dumb...don't be Get a personal injury lawyer like I said...soft tissue damage is a biatch, most PILs will take a case for a percentage of the award.

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post #18 of 44 (permalink) Old 01-31-2008, 08:58 AM
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Quote:
Originally Posted by Lonely Raven View Post
Good info, but this insurance company (General Casualty to answer Mao) seems to be one of those low end high risk insurance companies that only do small business and high risk. I'm not sure if they guy is with them because they are small business, or high risk.

I have a call into my insurance agent. I'm tempted to call General Casualty and threaten to lawyer up, but I'm expecting they hear that a lot and won't be phased by it.
There is no harm in calling and threatening to lawyer up. Lawyers will get you a lot more money than if you were to settle with them directly which is why most insurance companies don't want you to hire a lawyer.

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post #19 of 44 (permalink) Old 01-31-2008, 08:59 AM
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Quote:
Originally Posted by Lonely Raven View Post
I did report it to my agent, who suggested I go through the other guys insurance unless they blow me off. So now I have no choice but to go through my insurance.

Odd thing, I called the body shop (apparently car is *not* totalled as everyone thought), and they are working on the car with the approval of General Casualty! So either there is yet another mix up, or they approved work on the car, then decided to bail.

I'm not sure when this guys court date is. I'll have to find out, though I'm not sure where to find out. This guy that caused the accident is a lawyer, so I'm expecting any legal action I take will be met with skilled reaction.
to find out about the court date talk to the officer that wrote the ticket.

go time traveler style and go back in time, fuck his grandma, then shoot forward in time and then fuck his mom. Then return back to present state and call him a the product of two incest whores and hes your son and show video of you plowing the both members of his family. .
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post #20 of 44 (permalink) Old 01-31-2008, 09:01 AM
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Quote:
Originally Posted by Mort82 View Post

Oh yeah, you're driving a toaster.



Show the Toaster some love

Sometimes goodbye is your second chance.
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post #21 of 44 (permalink) Old 01-31-2008, 09:03 AM
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Quote:
Originally Posted by pinkrider View Post
Actually, I think you have an advantage because he's a lawyer... you can sue the driver personally, as opposed to his insurance, and he will do everything possible to settle before it goes to court. It does not look good when a lawyer is being sued personally. He won't want to have that shit on his record.

You will receive a notice in the mail informing you of his court date. It can be anywhere from 4 - 12 weeks after the accident... maybe even longer.

Good thinking

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post #22 of 44 (permalink) Old 01-31-2008, 09:09 AM

 
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Quote:
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^^^^ +1 I Agree should have reported it and let your insurance company pay for your stuff and let them fight it out with the insurance company.
+1. You shouldn't have to do a thing. Your insurance should take care of everything. They'll typically pay if they have to and then recoup costs from the other persons insurance, including your deductible.

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post #23 of 44 (permalink) Old 01-31-2008, 09:13 AM
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Make sure you find out that court date. I rear ended a car in a turn lane (the light turned green and the car in front started moving then stopped again )

Anyway, I showed up for the court date, the other insurance company and driver didnt. The ticket was dismissed and there was never a claim against my insurance.
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post #24 of 44 (permalink) Old 01-31-2008, 09:19 AM Thread Starter
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You originally thought the car was totaled.

Low speed accident, no airbag deployed.

wat?

Oh yeah, you're driving a toaster.



Glad you are alright, hope you get this crap settled. This guy sounds like a scumbag.
The motor wouldn't run aftwards. I couldn't start the car to move it off the road, so I was expecting serious engine issues. Plus, I didn't realize the resale value of the car was so high. It's still worth almost $10k apparently.

I went from a Porsche 924 and Porsche 944 to the Box, and I'm still in love with the Box (but what guy isn't ). It's really a good car, and as long as they continue to make them in Japan in the same line as Lexus, I expect they will continue to be fantastic.

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post #25 of 44 (permalink) Old 01-31-2008, 09:28 AM
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Go to the court date that the guy has. If you do not go then he can plead "Not Guilty" and then the citation gets dropped. You should be notified in the mail of what the court date will be, however, if you dont hear something within about 2-3 weeks ater the accident, assuming this was in DuPage COunty, check with the DuPage County Circuit Clerks Office.
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post #26 of 44 (permalink) Old 01-31-2008, 09:34 AM
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I agree. You shouldn't have to do anything. Let your insurance pay, they'll go after the other guy including the deductible. If they don't, then sue the guy for the deductible. The guy will no doubt turn around and file a counter claim to sue you. THEN your insurance will have to DEFEND you with their own lawyer. At least that's what I've seen happen in similar instances. But you'll want to check the facts with your insurance. Simply ask your agent if the guy sues you if your insurance will supply an attorney to defend you.

And if your agent doesn't bend over backwards to take care of this to your satisfation, change agents and give someone else the money who provides the service you deserve.

Insurance companies will try and get away with whatever they can.
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post #27 of 44 (permalink) Old 01-31-2008, 09:47 AM
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All excellent advice. I might mention on the phone with their insurance company that your neck has been hurting a lot since the accident. Then ask if they recommend seeing a doctor for it so there are no long-term problems. That might light a fire under them to get it handled.
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post #28 of 44 (permalink) Old 01-31-2008, 09:49 AM Thread Starter
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Go to the court date that the guy has. If you do not go then he can plead "Not Guilty" and then the citation gets dropped. You should be notified in the mail of what the court date will be, however, if you dont hear something within about 2-3 weeks ater the accident, assuming this was in DuPage COunty, check with the DuPage County Circuit Clerks Office.
Actually happened in your part of town. Thoreau Dr, 1/2 block south of Algonquin. I was just leaving work and got about a block away before this happened.

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post #29 of 44 (permalink) Old 01-31-2008, 09:53 AM
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Originally Posted by RickC1957 View Post
Eric....okay...the first mistake was not reporting this to your insurance agent immediately! I know I'll catch a lot of flak for stating that, but you pay them to represent you, in cases just like this. I would phone your agent...or insurance company...tell them what happened, who was charged and what is going on. If that doesn't work...get a personal injury lawyer, and sue the other party. Then I would follow Ernie's advice...do not blow off this guys court date! Here is your chance to make this guy's life a miserable hell! I would do it, even if his insurance has a change of heart.
Eric, Rick's advice is 100% correct. Report this to your insurance agency. You will pay the deductible right away, but Farmers will get it back for you since you were not at fault.


I am speaking from direct experience: I was turning left at an intersection and the light turned red while I was in the intersection. I proceeded to complete my turn and exit (completely legal) when a guy going the opposite direction ran the red light blatently! I slammed on my brakes to avoid being t-boned and in the process was rear-ended by another car who was also in the intersection.

The guy who ran the light was ticketed. We went to court and he fought it. There was a trial and he lost and the ticket stood. Not long after that his insurance company sent me a letter saying he wasn't at fault. I just gave that letter to my lawyer and him and my insurance company took care of everything. My car was paid for, my doctor bills were paid, and I got a bit in the pocket for pain/suffering.

Don't sweat it. If it wasn't your fault you'll be ok in the end. It took about 9 months to settle the whole thing, but that's because it was also a personal injury case.

Report this to your insurance and lawyer up.

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post #30 of 44 (permalink) Old 01-31-2008, 09:57 AM
 
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Like most people have said... Just contact your insurance and tell them the guy at fault's insurance has refused the claim. They will take the financial situation from there and should cover your deductible.
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