Suing over an Accident Claim????

BUR_ZX3 · May 8, 2003

I was involved in an accident in which an old woman turned left in front of me, failing to yield to my right of way.

Well, she did a number to her insurance company, Hartford... and now they believe that I hit her head on or while I was all the way over in oncoming traffic. Despite the fact that damage on my front bumper is totally consistant with my side of the story.

Well, long story short... they wanna offer me $125 for my damages! UHHHH NO! The bumper is $337 in parts cost alone. Estimates have come in between $640 and $760.

So I've basically gotta sue... but by the time I pay for the lawyer, my lost time at work, etc... its getting to be a large number now.

Whos done it and what advice can they give? I've been more than willing to compromise, and offered to settle for the parts cost of the bumper plus one day of rental car alone.... no dice. They won't play ball.

What do I do.. its been >3 months now that I've been dealing with this bitch and her crappy insurance company (she's an 89 year old woman BTW... )

CharlesWA · May 8, 2003

What does your insurance company say when you explain all this to them?

BowDown · May 8, 2003

Dude... tell your insurance about it. They will battle it for you!

I did this when trucking company backed over the front of my sentra... with me in it!

[ 05-08-2003, 07:31 PM: Message edited by: BowDown ]

Krmnnghia · May 8, 2003

Originally posted by BowDown:
Dude... tell your insurance about it. They will battle it for you!

I did this when trucking company backed over the front of my sentra... with me in it!

Yah that is what your insurance company is for...they will fight with themand probably just settle it for you.

Virtual_Insanity · May 9, 2003

Todd,
You have been dealing with this for 3 months now with her insurance company? Did you ever contact your insurance company after the accident occured?Anyway I would suggest you personally contact your insurance company now and explain the situation to them and hopefully they will take over and hash it out with her insurance company and collect what is owed to you to repair your car correctly.Keep in mind insurance companies are notorious in trying to underpay for someone elses damages so it is best to have them deal with each other.Good luck and keep us posted.

BUR_ZX3 · May 9, 2003

Sorry... allow me to elaborate... my insurance company is willing to go to bat... but the problem is my $500 deductable. I'm poor... so I can't even afford that right now.

I'd like to get a check and save a little and upgrade to an RS Bumper...

My insurance company would take it to the body shop, negotiate the $760 down to prolly $600, of which I'd have to come up with $500 of it. That doesn't help me at all.

My adjuster is calling them a couple more times... but it doesn't look good... as my company has been through the ringer with them a couple times on this before... at first they were denying all liability... now they're offering 50-50.. but on repair and not replacement.

Mercury said they could help... anyone wanna loan me $500?

emulous · May 9, 2003

Originally posted by BUR_ZX3:
Sorry... allow me to elaborate... my insurance company is willing to go to bat... but the problem is my $500 deductable. I'm poor... so I can't even afford that right now.

I'd like to get a check and save a little and upgrade to an RS Bumper...

My insurance company would take it to the body shop, negotiate the $760 down to prolly $600, of which I'd have to come up with $500 of it. That doesn't help me at all.

My adjuster is calling them a couple more times... but it doesn't look good... as my company has been through the ringer with them a couple times on this before... at first they were denying all liability... now they're offering 50-50.. but on repair and not replacement.

Mercury said they could help... anyone wanna loan me $500?

Nah, the lady's insurance company should pay your deductible unless you live in a no-fault state. I got rearended on a rotary, let my insurance company handle it all and not a dime came out of my pocket. You need to get all the details from your insurance company doesn't sound like they are giving you the right story.

BUR_ZX3 · May 9, 2003

Originally posted by emulous:
Nah, the lady's insurance company should pay your deductible unless you live in a no-fault state.

Right... except they're denying the claim for all intents and purposes... so I've gotta shell out front and be reimbursed... hence my poverty affecting the outcome.

zx3 focus racer · May 9, 2003

what avout the police report? there was a police report wasent there? show the old ladies insurance company the police report and how it says exactly what happend and who was where and that the cop can verify how the accident happened.

yellowlightning · May 9, 2003

here's what I did when something like this happened to me, write a check to the body shop for $500, if your buddy buddy with them, make sure they don't cash it, then when you get the check from the lady's insurance then deposit it and tell your shop to deposit. in some instances, you may have to pay the deductible but you are usually quickly reimbursed for it.

S. on Da 5 · May 9, 2003

You could go to small claims court and fight it yourself. A money hungry lawyer could spot you the $500 for your case if it's worth the time. Many lawyers will work for 1/3 of the money won.

If the insurance agencies don't seem to be doing their jobs you could also contact the state insurance board to investigate what is going on.

Good luck.

BUR_ZX3 · May 9, 2003

Originally posted by zx3 focus racer:
there was a police report wasent there?

Welcome to Los Angeles... where if you're not hurt... you don't get a police report.

I thought about small claims... but I wanna be sure to win!!! And with small claims theres never a guarantee. But then again, a jury might be sympathetic to a little old lady.

Its all such a headache... I need mental treatment for the stress...

plyaprezident · May 9, 2003

Originally posted by BUR_ZX3:
<blockquote>quote:<hr />Originally posted by zx3 focus racer:
there was a police report wasent there?

Welcome to Los Angeles... where if you're not hurt... you don't get a police report.

I thought about small claims... but I wanna be sure to win!!! And with small claims theres never a guarantee. But then again, a jury might be sympathetic to a little old lady.

Its all such a headache... I need mental treatment for the stress...<hr /></blockquote>BUR_ZX3 you might laugh when i say ths but go on one of those T.V court shows

both the defendant and the prosecution get 200 dollers regardless of the outcome of the case ( thats your insirance of winning)

plus you get your 15 minutes of fame

and since you live in burbank your irght by the studios

Jared · May 9, 2003

you can thank the Hartford and AARP for this one... their AARP/Hartford auto ins. program states that they will NEVER drop you from coverage, regardless of your driving record or age. which is why there is an 89 year old lady driving about. freakin old people

mandark · May 9, 2003

Originally posted by BUR_ZX3:
<blockquote>quote:<hr />Originally posted by emulous:
Nah, the lady's insurance company should pay your deductible unless you live in a no-fault state.

Right... except they're denying the claim for all intents and purposes... so I've gotta shell out front and be reimbursed... hence my poverty affecting the outcome.<hr /></blockquote>An attorney will take the case on consignment and he will ask for @33% of the settlement...Contact a TRIAL LAWYER, not some idiot who settles out of court...

Trust me on this...get yourself a prick of an attorney who LIKES to go to court, and they'll be falling over themselves to pay you off because they know what will happen in court...

CLK_ZX3 · May 9, 2003

Yeah get a lawyer that loves court, in a civil matter you only need proof that it is more likely you are right than her. Plus have all your legal fees be added into the settlement agreement, then you pay nothing(which would up the total so you actually get more back, but the lawyer would still get 1/3).

BUR_ZX3 · May 9, 2003

Well I talked to a lawyer today... and he said just go to small claims cuz its soooooo obvious that she's at fault.... and the damage is so small... that I'd win in a heartbeat.

Thanks all for your advice.

mandark · May 10, 2003

Originally posted by BUR_ZX3:
Well I talked to a lawyer today... and he said just go to small claims cuz its soooooo obvious that she's at fault.... and the damage is so small... that I'd win in a heartbeat.

Thanks all for your advice.

Good Luck! and tap that old, wrinkled ass!

Suing over an Accident Claim????

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