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Insurance companies
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FishiesRPeopleToo
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Joined: 13 Jan 2005
Location: Rock Island, IL

PostPosted: 2005.02.11(Fri)14:15    Post subject: Insurance companies Reply with quote

I hate dealing with insurance agencies! I am dealing with one right now(won't name names) and they are totally screwing me over!

I got into a car accident about 3 weeks ago in my moms car(it was his fault). I was okay until later that day my neck hurt so I called the chiro and made an appointment. The company called later that day and wanted me to come in the next day to estimate how much it would cost to fix the car. I took it in and they looked at it, then promptly gave me a check to have it fixed.

Well I was going to have a lawyer represent me for a personal injury case but decided not to, thinking that I could take care of it myself. I met with them again and they took a statement.

Well today the guy calls me up and says "I think we jumped the gun on paying for your car to get fixed. Since the accident was on private property, it was half your fault too. We won't make you pay the money back to us, but when you claim your injuries and they are over 300 dollars, then we won't pay you anything. If its under 300 then we can pay your bills for you. We are only giving you credit for half of what your check was to fix the car." Needless to say I was so mad! They had already called my mom and said they are claiming 100% fault for this accident!!

Does anyone have any suggestions? Should I get a lawyer now?? Anyone had problems like this??
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Dawn
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Joined: 05 Feb 2003
Location: Toledo, OH, USA

PostPosted: 2005.02.11(Fri)14:43    Post subject: Reply with quote

I would call a lawyer... that is as long as you haven't signed off on anything yet. Some companies will try to get out of paying, they will also try to get you to agree that it was your fault. Let them know that you'll be calling your lawyer and give them the name too... I bet they'll change their mind. If it is you Moms car... why are they talking to you about the repairs? They should talk to her about her car and you for your injuries. They should offer you 3 times your medical bills atleast, maybe more.
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number6
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Joined: 07 Feb 2003
Location: Ontario, Canada

PostPosted: 2005.02.11(Fri)14:46    Post subject: Reply with quote

I hate to tell you this as it may be more painful than your neck, but, your insurance company is correct.

On any private property, this includes parking lots a certain distance from a legal road, etc. and many private lanes, the policies and laws find fault at 50/50 regardless of 99% of the circumstances.

If your car was in park, I.e. gears or drive not engaged, then he hit a parked car and he is at fault.

If he was drinking and driving, then the other driver is at fault, even if you are at fault, etc.

The insurance company is being generous by not re-adjusting your claims.
If your injuries and lost time are not more than half your mom's car's value, then you're okay. If your injuries, lost time etc. will end up as more than half the car, then ask for the re-adjustment.

You could still try and talk to a lawyer about your options regarding the other driver. That's up to you and your mom.

Good luck, and I hope you feel better soon.
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FishiesRPeopleToo
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Joined: 13 Jan 2005
Location: Rock Island, IL

PostPosted: 2005.02.11(Fri)14:52    Post subject: Reply with quote

I guess they are talking to me about her car because I was the driver, and I wasnt insured then on it but I am now.

I don't understand what you mean by lost time. I am not working right now, but I have been helping my mom out (she is sick with cancer) and since I have been in pain the last month I havent been able to do much. I just think it sucks that my injury is only worth $300. don't get me wrong, I'm not trying to make thousands of dollars here but at least more than $300.

I havent signed off on anything yet, I think they are trying to get me to say something different from what I told them. He said the police officer told him I was backing up when he hit me, but I told everybody that I had JUST backed up and was starting to go forward when he hit me. I think maybe I will talk to a lawyer when I get settled from moving tomorrow.
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Dawn
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Joined: 05 Feb 2003
Location: Toledo, OH, USA

PostPosted: 2005.02.11(Fri)14:57    Post subject: Reply with quote

Discus Man I never heard that before. When I first started driving, I was shopping in a grocery store and someone side swiped my car... My insurance company covered the whole thing minus the deductible.
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number6
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Joined: 07 Feb 2003
Location: Ontario, Canada

PostPosted: 2005.02.11(Fri)16:38    Post subject: Reply with quote

FishiesRPeopleToo wrote:
but I told everybody that I had JUST backed up and was starting to go forward when he hit me. I think maybe I will talk to a lawyer when I get settled from moving tomorrow.
I think you may wan't to. If you had taken your car out of reverse and were hit, then you weren't in motion. Hitting a vehicle that is not in motion is not remotely the same as a vehicle in motion. You'll need an expert on the wording of your state's law.
Lost time is time lost at work so that doesn't apply.
Good luck, you might have a shot.


Dawn, a few states have slightly different legislation, but most follow the same basics. Private property is almost always 50/50 fault. I am not sure when most states adopted this though, and their are exceptions.
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