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texas*princess 03-03-2005 02:14 AM

Two words: Judge Judy! :p

Before this I didn't even know uninsured motorist insurance even existed. is that included in full coverage?

lifesaver 03-03-2005 02:24 AM

Quote:

Originally posted by SATX*APhi
Yes. I am all about you going through small claims. Since I work for a JP, I can give you the info you need. Check your PMs.
Bwahahhahah. Thanks Adri.

I called and left a VM about the denial of coverage. Her dad called me back. He said they were coming to SA to pick up a copy of the police report, and that there was a problem with her insurance. Some 'misunderstanding with the local agent.' he said he'd be in touch on Thursday. And, "can you give us just a few days to straighten all this out?" I said sure. He seemed willing to work it out. I hope to god he is.

SATX*APhi 03-03-2005 02:25 AM

Quote:

Originally posted by texas*princess
Two words: Judge Judy! :p
Judge Judy has representatives that go out to different courts to look at their pending cases, after all they ar public record. They will find the interesting cases and contact both parties and see if they would like to go on the show. If both agree, voila!

We've had several cases make it to Judge Judy and Judge Joe Brown. We recently had a silly case go on Judge Judy. A guy DJ was suing a bride for payment for his DJing services. The woman claimed he had volunteered to DJ and didn't think she owed him any money. She also said that if he had been a hired DJ, she wouldn't have allowed him to bring the several guests he brought to the wedding, one of which caught the garter! LOL

SATX*APhi 03-03-2005 02:29 AM

Quote:

Originally posted by lifesaver
Bwahahhahah. Thanks Adri.

I called and left a VM about the denial of coverage. Her dad called me back. He said they were coming to SA to pick up a copy of the police report, and that there was a problem with her insurance. Some 'misunderstanding with the local agent.' he said he'd be in touch on Thursday. And, "can you give us just a few days to straighten all this out?" I said sure. He seemed willing to work it out. I hope to god he is.

I take it you liked my attorney suggestion? :p

Whatever you do, do NOT take partial payments and do NOT accept a personal/business check from them. Although, if it's a hot check, I can have him in jail in no time and hav ea hold placed on his driver's license. Haaaahaha. Anyway. I'm really not this mean -- You should know that. :D

Best of luck! I hope things work out for you.

SATX*APhi 03-06-2005 10:15 PM

Have you heard?

SAEalumnus 03-07-2005 12:02 AM

Here's a crash course (pardon the expression) in auto insurance claims:
 
As it happens, I work for one of California's larger auto insurance companies as a claims adjuster and have adjusted in excess of 1,000 claims in my tenure with my current employer. Since I deal with situations such as the one in which you currently find yourself, I hope I can be of some help.

1) After an accident is reported to an insurance company and the report is subsequently routed to a claims office and assigned to an adjuster, the adjuster begins his/her investigation into three areas: coverage, then liability, then damages... in that order.

Coverage questions arise when you let someone (a friend, say) not listed on your policy operate your vehicle, or when the vehicle itself is not listed on your policy (eg. a rental car), or whether or not you have paid your premium. There are other questions of coverage that could also come up, but these three are by far the most common.

If you don't pay your premium for a given month, your insurance will be cancelled immediately at the end of the last term for which you did remit payment. Auto insurance provides no grace periods. Turning in your premium payment late will generally result in a reinstatement of your policy, but such reinstatement will not take effect until the money is actually received by the insurance company, and if you've had an accident in the meantime during the lapse in coverage on your policy, you're just plain SOL. Even if you are 100% at fault for an accident and even if the lapse in coverage was less than one day, if the collision occurs during the lapse, the insurance company won't pay a dime, nor will they defend you if the person you hit files suit.

This is what happened in your situation. The policy belonging to the person who hit you was cancelled (very likely due to non-payment of premium) and was not reinstated prior to the time your accident occurred. In effect, the other person became an uninsured motorist.

Liability is determined by taking statements from as many involved parties as can be reached, inspecting vehicles (physical evidence), and by collecting any other available information (eg. a police report). Liability isn't always entirely any one person's fault. In fact, most accidents are a result of what's referred to as 'comparative liability,' meaning more than one person contributed to the cause of the collision, though not necessarily to an equal extent.

Assuming any issues of coverage have since been resolved favorably, an insurance company will only pay for that percentage of the other party's (the "claimant's") damages for which they believe their party (the "insured") is responsible. If the case turns into a liar's contest with conflicting statements and no conclusive evidence to support either party, the default position (by contractual obligation - the auto policy itself) of any insurance company is to defend it's own insured. As my manager frequently states: "The duty to defend is greater than the duty to indemnify."

Damages are usually grouped into two broad categories: property, and bodily injury. Property damages are evaluated from estimates and photographs, injuries are evaluated to some extent from the 'reasonable' medical bills incurred by the injured party, and in party from an evaluation of the extent to which they are likely to be injured from the specific set of circumstances surrounding the accident in question.

Sometimes even if an insurance company accepts liability on behalf of their insured (let's say their insured rear-ended the claimant), just because they will pay the claimant's property damage does not necessarily mean they will also pay an injury claim alleged by the claimant. All too frequently people involved in a collision, either accidentally or otherwise, seek to supplement their annual income by submitting an exaggerated injury claim to the other party's insurance company. Depending on the extent to which the claim of injury and subsequent demand for a specific settlement amount, the insurance company is likely to react in one or more of a few ways:

- If the claims is only very slightly questionable, the insurance company will more then likely pay you off to get you to sign a release form which then legally prevents you from filing suit against the company or its insured to try to get more money; or

- The file may be reassigned to a low/minimal impact adjuster who will either offer you a very nominal amount, or request a scientific/engineering opinion as to the speed of impact and use the report as grounds to deny your claim, believing the collision was insufficient to produce any injuries; or

- In an extreme case, the file may be referred to the insurance company's special investigation unit to be evaluated for possible insurance fraud. Sometimes cases of blatent insurance fraud are paid anyway in the course of building a case against known criminals. In order to obtain a conviction of insurance fraud, one or more fraudulent claims must have actually been paid.

2) One all claims for damages (property and bodily injury) have been either paid or denied according to the liability decision made by the adjuster, the next step for the insurance company is to attempt to seek reimbursement for any money they paid out on their insured's (or others') behalf for which someone other than their insured was liable. The process of an insurance company seeking reimbursement from either another insurance company or from an uninsured motorist is effectively collections and is referred to as 'subrogation.'

The only problem with subrogation is that an insurance company can only subrogate (seek reimbursement) for money the company has *actually spent* and no more. If the insurance company doesn't spend any money (or if their insured is entirely at fault), then no subrogation potential exists.

If you're involved in a collision where there is reason to believe that the other party is at fault, you generally have two options: you can have your own insurance company repair your vehicle first, then subrogate against the other party's insurance carrier later; or you can attempt to pursue your claim directly through the other party's insurance company. Both methods include advantages and disadvantages.

The former method has the advantage of getting your vehicle repaired immediately (assuming you've purchased the appropriate optional coverage, such as collision, comprehensive, or uninsured motorist property damage, as the case may be), but has the disadvantage that you will likely have to pay your collision deductible up front to the body shop, and will then have to wait for your insurance company to get your money back from the other carrier before you get reimbursed.

One common misconception about a collision deductible is that you should not have to pay it if the accident is not your fault. While I agree with the sentiment, a collision deductible is self-insurance and is a 'no-fault' coverage, meaning it applies regardless of who is or is not at fault. Some of the largest insurance companies have a clause in the auto policy that waives your deductible in the event you're not at fault, but the reality is waiving a deductible carries a substantially higher cost for the insurance company to bear, meaning your premiums would have to be increased dramatically (in the case of the smaller companies) to balance the expense.

The later method (going through the other party's carrier) has the advantage that if the other company accepts liability, they will pay your claim without you having to pay any kind of deductible. The disadvantages are two-fold. First, you'll have to wait for the other insurance company to conduct its investigation which can take anywhere from days to weeks depending on the circumstances. Second, even once their investigation is complete, the other party's company may decide that they believe you are also partially (or entirely) at fault and will only offer to pay for that percentage of your damages for which they believe their party is responsible.

Sometimes the insurance companies involved don't agree on the extent to which the parties involved are at fault. In these cases, liability is either negotiated by the adjusters, or the files could be submitted to inter-company arbitration, the decision from which is binding on the insurance companies involved whether or not they like it. Arbitration, however, is not binding on the involved parties themselves.

3) In the case where your insurance company is not able to recover for you all of the damages for which you believe yourself to be entitled, either because of an unfavorable arbitration result, or because they couldn't issue payment on your behalf since you didn't have the appropriate coverage on your policy to allow them to do so, you still have a right to recovery. In California, the statute of limitations for actions (lawsuits) involving claims of property damage only is three years from the date of the accident. If your claim includes bodily injury, then the statute as of January 1, 2004, is two years from the date of the accident.

In your specific situation where the other party became in effect an uninsured motorist due to a cancellation of their policy and since your insurance company has no right to subrogation because you do not carry any collision or uninsured motorist property damage coverage on your policy (if you have either Collision or UMPD, your insurance company can help you), then your one and only choice if you intend to pursue your claim is to file suit against the registered owner of the other vehicle.

DO NOT include the name of the other party's insurance company in your lawsuit because your case will be dismissed and you will have to refile your suit and pay another filing fee. Be prepared to show documentation (i.e. estimate and/or photos of the damage, witness statements, etc.), but be also aware that in small claims court, only the 'parties to the action' (you, the other driver, and any witnesses) will be allowed to address the court: no attorneys and no insurance adjusters. If liability is clearly in your favor and if you've properly documented your damages, your odds of winning are good.

I hope this helps, and if you have any questions, please feel free to PM me. Good luck!

aephi alum 03-07-2005 12:36 AM

SAEalumnus is right on, with one minor exception: Some states do not require that you have the repairs actually done to your vehicle in order to collect your insurance payout. I was rear-ended about a year ago, and by NY state law, I could collect the dollar amount of the repair and choose whether to have the repair done or not. Since my car is old but otherwise in good shape, and the blue book value of my car was somewhere around a few cents anyway because of its age :rolleyes: , I just set the $ aside toward a down payment for my eventual new wheels. I'm not sure what TX law says, though.

Once again, good luck. :)

SAEalumnus 03-07-2005 11:14 PM

Quote:

Originally posted by texas*princess
Two words: Judge Judy! :p

Before this I didn't even know uninsured motorist insurance even existed. is that included in full coverage?

"Full coverage" is a dubious term used by insurance agents to sell policies. Or at least that's my opinion of the situation.

The minimum coverages and limits required by California's financial responsibility law are the following:

BI: $15,000/$30,000
PD: $5,000

This means if you're at fault for damage to any physical property (someone else's car, their house, a fence, or whatever else you drove into), you're required to be covered for up to at least $5,000 per incident. Incidentally, in addition to cost of repair to someone else's car if you're at fault, you also owe for reasonable rental expenses (or other similar 'Loss of Use' compensation) which also falls under your PD coverage.

If you're only carrying the minimum amount on your policy, you're kidding yourself and will be in deep poop if you end up at fault for a collision, especially if the total damages exceeds that amount, which really isn't hard to do. I would personally recommend an absolute minimum PD limit of $25k per accident, but $50k is better. Of course, the more assets you have to protect, the higher the limits you should carry, and in some cases a personal umbrella policy (PUP policy) wouldn't hurt either.

The two dollar figures for Bodily Injury represent the maximum amount your insurance company will pay to any one person (the smaller figure), and the maximum amount they will pay for any one accident (the larger figure) for injury claims. Most injury claims are what are referred to as 'soft tissue,' meaning general stiffness and soreness to muscles, or headaches, but no broken bones and no lacerations or any other serious or fatal injuries. If you're at fault and the other party's injuries (if any) are limited to soft tissue only, then even minimal limits are generally fine provided you haven't injured a whole car full of people (you're fine for one or two injured people is about it). If you put someone in the hospital or worse and you have minimal limits, again you're in deep poop. Surprisingly, the additional premium required to increase your limits from minimal to mid-range or higher is generally not that much.

California law requires that you have coverage to account for damages to other people for which you may be responsible, but does not require you to carry coverage for your own vehicle or your own injuries. Any such coverages for those purposes are entirely optional and require additional amounts in your premium.

Optional coverages include: Collision, Comprehensive ("Comp"), Rental Reimbursement, Towing and Labor, Additional Equipment, Medical Payments ("Med Pay" / regular or excess), Uninsured Motorist Bodily Injury (UMBI), and Uninsured Motorist Property Damage (UMPD). These coverages are defined and used as follows:

Collision:
* Is a 'no-fault' coverage; applies regardless of liability.
* Allows your insurance company to repair your vehicle, or make settlment in lieu of repairs if your vehicle is a total loss, in the case where your vehicle is involved in a collision with another vehicle (or pedestrian, bicyclist, fixed object, etc.).
* Includes a deductible which in most cases you must pay regardless of whether or not you are at fault and whether or not you feel like or can afford to pay it. (Hint: If you can't afford the insurance, you can't afford the car.)
* The higher the deductible you choose for yourself (the more money you're willing to pay personally to the body shop), the less this coverage will cost you on your premium, and vice versa.

Comprehensive:
* Is a 'no-fault' coverage; applies regardless of liability.
* Covers damage to your vehicle not caused by a collision. Examples include: vandalism, theft, fire, falling objects, and the like.
* Also includes a deductible which works the same way as a Collision deductible.

Rental Reimbursement:
* Is a 'no-fault' coverage; applies regardless of liability.
* Allows your insurance company to pay a car rental agency (or reimburse you) for rental expenses up to the amount stated on your declarations page (usually around $25 per day) for up to a certain period of time (typically either when repairs to your vehicle are completed, or when settlement is offered to you in case of a total loss, or when you've reached the policy maximum of typically 24-30 days).
* The additional premium required for this coverage is generally rediculously small and will save you a huge headache later.

Towing and Labor:
* Is a 'no-fault' coverage; applies regardless of liability.
* Think "roadside assistance."

Additional Equipment:
* Is a 'no-fault' coverage; applies regardless of liability.
* This covers aftermarket equipment installed on or in your vehicle.
* Be prepared to fully document your claim if you intend to pursue one (i.e. have receipts, if not pictures also).

Med Pay:
* Is a 'no-fault' coverage; applies regardless of liability.
* Covers medical and funeral expenses up to the maximum amount per person listed on your declarations page.
* Applies to occupants of your vehicle (you as the driver, plus any passengers, whether or not they are related to you).
* Regular Med Pay means bills are paid as they are submitted to your insurance company.
* Excess Med Pay requires a smaller premium, but more work on your part because 'excess' means the coverage is secondary to any and all collectible primary health insurance you may have. You would first have to submit the bills to your primary health carrier (Blue Cross, Kaiser, whoever), then would have to get a letter (Explanation of Benefits, or EOB) from them stating what bills they can't or won't pay for you and then submit that letter along with the bills to your auto insurance company for review.

UMBI:
* Is a 'fault' coverage; you're only entitled to coverage to the extent to which you are not at fault for the accident.
* Requires physical contact with another motor vehicle (i.e. does not apply in the case where yours is the only involved vehicle).
* Applies even in cases of hit and run where no ID of the other party is available.
* Works the same way as BI coverage with two dollar limits (max per person, max per accident) for injuries. Basically, if the person at fault does have insurance and you're injured, you'd pursue your injury claim through the other person's BI coverage. If the other person has no insurance or flees the scene, then you pursue the claim through your own UMBI coverage.
* Can also result in an Underinsured Motorist (UIMBI) claim in the case where the person at fault does have insurance, just not enough. For example, let's say the other person is at fault and only has 15/30 BI limits. For any one person (like you), the other party's insurance can only pay up to the maximum of $15k. Now let's suppose your own UMBI limits are higher then 15/30 and your injury claim exceeds the $15k payable under the other party's coverage. The difference between the two is coverable under your UMBI coverage as a UIMBI claim. If your UMBI limits are 25/50, then you could collect the $15k from the other party's coverage, and pursue up to an additional $10k through your own ($25k - $15k) UMBI coverage as a UIM claim. Note that this only works if your UMBI limits are higher than the other party's BI limits. If your limits are equal to or less than the other party's BI limits, then you can't claim UIMBI through your own insurance.

UMPD:
* Requires physical contact with another motor vehicle (i.e. does not apply in the case where yours is the only involved vehicle).
* Generally does not apply in cases of hit and run with no ID on the other party. This is why it's very important to get a license plate number of all of the vehicles involved in the collision.
* If you also carry Collision on your policy, then UMPD will typically serve to waive your deductible, or to allow your insurance company to reimburse your deductible directly back to you if you've already paid it. In this case UMPD CDW (Collision Deductible Waiver) is typically a 'no-fault' coverage; applies regardless of liability.
* If you do not carry Collision, then UMPD will typically provide you with coverage up to the maximum amount listed on your declarations page. In this case UMPD is typically a 'fault' coverage; you're only entitled to coverage to the extent to which you are not at fault for the accident.

Each and all of these optional coverages must be specifically requested by you to be added to your policy and most/each will involve an additional premium. This is why the term "full coverage" is generally misleading, because you might have Comp, Collision, UMBI, and UMPD, but that doesn't necessarily mean you've got Med Pay or Rental unless you requested those as well. It's better to check your declarations page (it's sent to you every time you renew your policy) before you're involved in an accident to see exactly what coverages and limits you do and don't have. You can always add or change coverages any time you like, but it's never retroactive.

Rudey 03-08-2005 12:47 PM

Your job sounds like the most fun job ever.

-Rudey

Quote:

Originally posted by SAEalumnus
"Full coverage" is a dubious term used by insurance agents to sell policies. Or at least that's my opinion of the situation.

The minimum coverages and limits required by California's financial responsibility law are the following:

BI: $15,000/$30,000
PD: $5,000

This means if you're at fault for damage to any physical property (someone else's car, their house, a fence, or whatever else you drove into), you're required to be covered for up to at least $5,000 per incident. Incidentally, in addition to cost of repair to someone else's car if you're at fault, you also owe for reasonable rental expenses (or other similar 'Loss of Use' compensation) which also falls under your PD coverage.

If you're only carrying the minimum amount on your policy, you're kidding yourself and will be in deep poop if you end up at fault for a collision, especially if the total damages exceeds that amount, which really isn't hard to do. I would personally recommend an absolute minimum PD limit of $25k per accident, but $50k is better. Of course, the more assets you have to protect, the higher the limits you should carry, and in some cases a personal umbrella policy (PUP policy) wouldn't hurt either.

The two dollar figures for Bodily Injury represent the maximum amount your insurance company will pay to any one person (the smaller figure), and the maximum amount they will pay for any one accident (the larger figure) for injury claims. Most injury claims are what are referred to as 'soft tissue,' meaning general stiffness and soreness to muscles, or headaches, but no broken bones and no lacerations or any other serious or fatal injuries. If you're at fault and the other party's injuries (if any) are limited to soft tissue only, then even minimal limits are generally fine provided you haven't injured a whole car full of people (you're fine for one or two injured people is about it). If you put someone in the hospital or worse and you have minimal limits, again you're in deep poop. Surprisingly, the additional premium required to increase your limits from minimal to mid-range or higher is generally not that much.

California law requires that you have coverage to account for damages to other people for which you may be responsible, but does not require you to carry coverage for your own vehicle or your own injuries. Any such coverages for those purposes are entirely optional and require additional amounts in your premium.

Optional coverages include: Collision, Comprehensive ("Comp"), Rental Reimbursement, Towing and Labor, Additional Equipment, Medical Payments ("Med Pay" / regular or excess), Uninsured Motorist Bodily Injury (UMBI), and Uninsured Motorist Property Damage (UMPD). These coverages are defined and used as follows:

Collision:
* Is a 'no-fault' coverage; applies regardless of liability.
* Allows your insurance company to repair your vehicle, or make settlment in lieu of repairs if your vehicle is a total loss, in the case where your vehicle is involved in a collision with another vehicle (or pedestrian, bicyclist, fixed object, etc.).
* Includes a deductible which in most cases you must pay regardless of whether or not you are at fault and whether or not you feel like or can afford to pay it. (Hint: If you can't afford the insurance, you can't afford the car.)
* The higher the deductible you choose for yourself (the more money you're willing to pay personally to the body shop), the less this coverage will cost you on your premium, and vice versa.

Comprehensive:
* Is a 'no-fault' coverage; applies regardless of liability.
* Covers damage to your vehicle not caused by a collision. Examples include: vandalism, theft, fire, falling objects, and the like.
* Also includes a deductible which works the same way as a Collision deductible.

Rental Reimbursement:
* Is a 'no-fault' coverage; applies regardless of liability.
* Allows your insurance company to pay a car rental agency (or reimburse you) for rental expenses up to the amount stated on your declarations page (usually around $25 per day) for up to a certain period of time (typically either when repairs to your vehicle are completed, or when settlement is offered to you in case of a total loss, or when you've reached the policy maximum of typically 24-30 days).
* The additional premium required for this coverage is generally rediculously small and will save you a huge headache later.

Towing and Labor:
* Is a 'no-fault' coverage; applies regardless of liability.
* Think "roadside assistance."

Additional Equipment:
* Is a 'no-fault' coverage; applies regardless of liability.
* This covers aftermarket equipment installed on or in your vehicle.
* Be prepared to fully document your claim if you intend to pursue one (i.e. have receipts, if not pictures also).

Med Pay:
* Is a 'no-fault' coverage; applies regardless of liability.
* Covers medical and funeral expenses up to the maximum amount per person listed on your declarations page.
* Applies to occupants of your vehicle (you as the driver, plus any passengers, whether or not they are related to you).
* Regular Med Pay means bills are paid as they are submitted to your insurance company.
* Excess Med Pay requires a smaller premium, but more work on your part because 'excess' means the coverage is secondary to any and all collectible primary health insurance you may have. You would first have to submit the bills to your primary health carrier (Blue Cross, Kaiser, whoever), then would have to get a letter (Explanation of Benefits, or EOB) from them stating what bills they can't or won't pay for you and then submit that letter along with the bills to your auto insurance company for review.

UMBI:
* Is a 'fault' coverage; you're only entitled to coverage to the extent to which you are not at fault for the accident.
* Requires physical contact with another motor vehicle (i.e. does not apply in the case where yours is the only involved vehicle).
* Applies even in cases of hit and run where no ID of the other party is available.
* Works the same way as BI coverage with two dollar limits (max per person, max per accident) for injuries. Basically, if the person at fault does have insurance and you're injured, you'd pursue your injury claim through the other person's BI coverage. If the other person has no insurance or flees the scene, then you pursue the claim through your own UMBI coverage.
* Can also result in an Underinsured Motorist (UIMBI) claim in the case where the person at fault does have insurance, just not enough. For example, let's say the other person is at fault and only has 15/30 BI limits. For any one person (like you), the other party's insurance can only pay up to the maximum of $15k. Now let's suppose your own UMBI limits are higher then 15/30 and your injury claim exceeds the $15k payable under the other party's coverage. The difference between the two is coverable under your UMBI coverage as a UIMBI claim. If your UMBI limits are 25/50, then you could collect the $15k from the other party's coverage, and pursue up to an additional $10k through your own ($25k - $15k) UMBI coverage as a UIM claim. Note that this only works if your UMBI limits are higher than the other party's BI limits. If your limits are equal to or less than the other party's BI limits, then you can't claim UIMBI through your own insurance.

UMPD:
* Requires physical contact with another motor vehicle (i.e. does not apply in the case where yours is the only involved vehicle).
* Generally does not apply in cases of hit and run with no ID on the other party. This is why it's very important to get a license plate number of all of the vehicles involved in the collision.
* If you also carry Collision on your policy, then UMPD will typically serve to waive your deductible, or to allow your insurance company to reimburse your deductible directly back to you if you've already paid it. In this case UMPD CDW (Collision Deductible Waiver) is typically a 'no-fault' coverage; applies regardless of liability.
* If you do not carry Collision, then UMPD will typically provide you with coverage up to the maximum amount listed on your declarations page. In this case UMPD is typically a 'fault' coverage; you're only entitled to coverage to the extent to which you are not at fault for the accident.

Each and all of these optional coverages must be specifically requested by you to be added to your policy and most/each will involve an additional premium. This is why the term "full coverage" is generally misleading, because you might have Comp, Collision, UMBI, and UMPD, but that doesn't necessarily mean you've got Med Pay or Rental unless you requested those as well. It's better to check your declarations page (it's sent to you every time you renew your policy) before you're involved in an accident to see exactly what coverages and limits you do and don't have. You can always add or change coverages any time you like, but it's never retroactive.


texas*princess 03-08-2005 01:56 PM

SAEalumnus -- thanks for the clarification. I'll be picking up my insurance soon.. so all that info is good to know :)


lifesaver -- how's it going with the situation w/ the expired policy??

agdbirmingham 03-08-2005 05:07 PM

We had a very similar situation about a year ago!! It stinks!! I'm definitely not an expert, but this is what I would suggest...

I definitely would not sue until you have explored all other options and have given them a chance to straighten things out. We talked to a few lawyers when it happened to us and were told unless it was a really bad accident and there was a huge amount of damage, no lawyer would touch it and you'd have to go to small claims court which is a pain in the butt and you have to pay to file the suit! Then even if you "win", there's nothing they can do to ensure you get the money from the person! They said they wouldn't garnish wages or anything (not sure if that would vary depending on the state?)

Get a few written estimates of the damage. Call your insurance and discuss the situation which it sounds like you have already done. Get a copy of the police report if you can. Talk to your local police station and/or court system and see what they recommend. Depending on your state laws things can vary. If they refuse to give you the money, then tell them you're looking into suing, but you don't want to. That may speed them up a bit.

We explored everything then looked into suing. As we were looking into it, the woman declared bankruptcy!!! We were so MAD!!! Then there's NOTHING you can do! Can't sue, can't get the money, nothing!!

BUT....you can consider it "bad debt" and write it off on your taxes!! Just keep all your documents.

Almost forgot to mention...I believe it's illegal (at least in most states) to drive without insurance, so if you were to report it (not sure what the police report says), she may have to give up her license until she gets insurance and pays you.

Tom Earp 03-08-2005 08:09 PM

What are Texas Insurance Codes? If it is No Fault, then the only thing you have to go back on is Police Reprts.

If they are at fault and can prove they have Insurance, Your Insurnace Co. can go after them. Is Texas a Must Have Insurance State? If so, and they did not have Insurance, then they would be in violation of State Law! OOPs!

If the person who was at fault is under Parents ins. for being underage or being in School, you have a great case!:)

Kick some major Butt here!:D

AKA_Monet 03-08-2005 09:21 PM

Awww...

Lifesaver... Didn't know... That's too bad...

Just want to make sure you took pictures of your damages... It does help your case, somewhat...

And I think you should follow SAEalumnus' advice...

SAEalumnus 03-09-2005 12:29 AM

Quote:

Originally posted by aephi alum
SAEalumnus is right on, with one minor exception: Some states do not require that you have the repairs actually done to your vehicle in order to collect your insurance payout.


The above is true in California as well. If I issue a cashout payment to one of my insureds, I can then pursue subrogation against whoever the other party (or their insurance carrier) is, and my insured can generally do what he or she pleases with the check. What I was saying earlier is that if I don't issue any checks in the first place, then I have no right to subrogate.

Quote:

Originally posted by Rudey
Your job sounds like the most fun job ever.

-Rudey

Most of the phone calls I deal with day in and day out remind me of exactly that, actually. It has its moments and it pays the bills, but it's otherwise a general pain.

lifesaver -

I would recommend you do the following as soon as possible:

1) Call the adjuster at your insurance company and verify whether or not you have either Collision or UMPD coverage. Also ask your adjuster what the statute of limitations is for Property Damage actions in Texas (assuming you're not injured... otherwise ask about the statute for Bodily Injury actions).

2) If you have either Collision or UMPD, it will cost you far less time and energy to simply pay any applicable deductible and have your insurance company deal with the other party for you than for you to have to go to court. This is, after all, one of the reasons why you pay for insurance in the first place.

3) If you have neither Collision or UMPD, then be aware of some points:[list=1][*]When a body shop or an adjuster writes an estimate for the damages to your vehicle, they typically will not disassemble your vehicle on the spot. They will simply evaluate what they can see. It is possible that over the course of repairs, the shop performing the work may discover additional damage caused in the accident that was missed for whatever reason on the original estimate, but which nevertheless needs to be repaired. These additional repairs are referred to as a 'supplement' and occur with some frequency. If you sue, you will want to be sure to get compensation for any supplemental repairs also.[*]The other party, whether or not they like the idea, will also owe you for reasonable rental expenses (assuming Texas law is anything similar to California law on this matter).[*]If you have any intention whatsoever of filing suit in small claims or any other court, you absolutely MUST file BEFORE the statute of limitations expires. If you do not file suit before the statute expires, you will permanently give up your right to recover your damages from this accident. When filing suit to protect the statute, it is generally better to file sooner rather than later.[*]It would not necessarily be a bad idea to get some advice from someone knowledgable about Texas law prior to filing suit - this way you can make sure you have all of your bases covered.[/list=1]

If you wouldn't mind posting or PM'ing me with the details, I'd be interested in knowing how exactly the accident occurred. I may be able to give you a good idea of what you can reasonably expect to be able to argue for where liability is concerned.

lifesaver 03-12-2005 06:21 PM

Update...

Thanks to everyone for the kind words and information.

I do not have uninsured motorist coverage. I have the minimum required by law in Texas; what is commonly refered to as 'liability'.

I picked up a copy of the police report. The cop at the scene who told me it was her fault, wrote the report in a way where it looks like it was both our faults. He also said I 'fled the scene, but returned when I called him back' which I have a HUGE problem with because as soon as the accident occured, I caleld my brother in law who is a cop in houston and he told me the only legal requirement in Texas is to stop and exchange all information, which I did. I left after because I had to get to the bank, which was closing in 15 minutes. The report also says that I failed to stop in time.

I called and spoke with the officer's supervisor. He was shocked at how the report was written and didnt seem pleased. He told me he couldnt make the reporting officer change his report, because its the reporting officers 'opinion' of what happened, but the reporting officer could change/ammend the report after speaking to me if he chose too. If he dosent want to change the report, I have valid questions to ask if I do have to sue. THe supervisor even volunteer to be called as a witness to say he woudlnt have written the report that way. He understood that 1) I didnt flee the scene, because I met the legal requirement of exchanging information and how did he have my phone number to call me if I didnt leave information. THe supervisor said 'flee' was a bad choice of words on the reporting officers part. He also understodd that it shouldnt have been a mutual fault accident, because we both had the green light (we were going the same direction) and she hit me, not the other way around. And I didnt hit her from behind, we collided sides. The reporting officer is supposed to call me to discuss re-writing the report in the next few days.

THe supervisor told me how to file a complaint and get a ticket written on her for the illegal lane change. I can also go to the traffic investigation division and since the damage estimates are over $1,000 and I have the letter from her insurance company denying the claim, they can automatically suspend her drivers licence until she pays me for the damage.

A ssoon as I speak to the reporting officer and see what he has to say, then I'll be sending a letter to her and cc'ing her dad (because he contacted me initally) and explain to them what I am planning on doing if they dont pay me. 1) File for a ticket on her, suspend her drivers license and 2) Sue in court. What now costs $2,000 in mechanical and body damages will cost $4,000 in court due to the atty costs, court costs and my time. Hopefully that will ba a motivator to settle.

I do have some really good options in Texas for rcovering money if a judgement is decided against her, including a lein on her property, seizure of assets and auctioning them and finally, wage garnishment. (shes a public school teacher and has a good job, so I coudl ultimately go that route.)

It jus tsucks that this is gonna take 4-5 months AT least. I guess as I can afford it, I'll have to repair the damage myself, like I am now with the mechanical. Ugh. Such a pain in my ass.


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