Need some Advise

[csm47362]

While my wife and I were at dinner on Saturday when there was a car accident at our home. A couple was having an argument in the car, the woman was driving and the man was the passenger, the man wanted the woman to stop she refused so he grabbed the wheel, needless to say they stopped when they hit my retaining wall. Well the police was called and they were both taken to the hospital for treatment. I got a copy of the police report on Monday and called the drivers insurance company. Here is the part I am not sure how to proceed with. I got a call from the ladies insurance adjuster today telling me that they are not going to cover the damages because the man was the one who caused the accident even thought their insured was the one driving. They then informed me that they have found out that the man has no insurance and that I would need to take legal action against him or turn it into my home owners. I hate to turn it into my homeowners as I had to file a claim last year for roof damage and another claim with most defiantly cause my insurance rates to go up, plus I would be out the $1000 deductable. The total damage will run around $5000 to $6000 dollars and me being laid off right now I don’t have that kind of money to spare, who does even when they are working. So here is my big question, Can her insurance get away with this, and is there anything else I can do?? I know this is a bit off topic for this site but I know there is a big membership on here that will cover all walks of life and someone might have some advice. Thanks for your help, Chad



********Update********** Now the lady has changed her story. She is now saying that she turned the wheel hard to avoid hitting somone in the road. This could be good for me. I can't see any way her insurance to get out of it now. I am sure it is still going to be a long hard battle.....

 

[public servant]

They are attempting to pull the wool over your eyes. She was in control of the vehicle. She is responsible. Contact an attorney. They can pay his fees as well.

 

[csm47362]

That is what I was thinking as well, I was hoping a few attorneys on here might have their 2 cents for me....

 

[hookedonjeep]

They are feeding you a crock of ****..... claims are based on who owns and therefore insures the vehicle. Just like if you were to loan your car to someone else, and they, say, ran into someone's retaining wall. YOUR insurance would have to pick up the tab for damages, because it was YOUR property that caused the damage. I would start calling around for a lawyer, since it sounds like that will be the only solution that will get you the proper satisfaction. You could probably even find one that will work for free till you get your settlement - you just gotta keep looking till you find one that will work with you. Also, maybe you should inquire about her and possibly him both being charged with reckless driving - after all, this was not a weather related thing, or some other "accident", it was two morons fighting in a car while it was going down the road. Best of luck to you!

Legal Disclaimer: I am not now, or have I ever been a lawyer - BUT - I did sleep at a Holiday Inn Express last night!

 

[MACHINEGUN]

Get yourself a good attorney and sue them.. make them pay your attorney fees also.

 

[hornadylnl]

I'd also make it clear to them that if they don't pay your claim in a timely manner that you will make it your new mission in life to cost them many times more in negative advertisement. I'm fortunately in a position now that I don't have to put up with **** poor service from anyone. If they think you are in a position to cost them current or future customers, they will probably change their tune quick.

 

[NEWMAN]

They are attempting to pull the wool over your eyes. She was in control of the vehicle. She is responsible. Contact an attorney. They can pay his fees as well.

Bingo.

 

[public servant]

Just curious...did the guy who caused the accident go to jail?

I'd also make it clear to them that if they don't pay your claim in a timely manner that you will make it your new mission in life to cost them many times more in negative advertisement.

Yep...he could drop their name to 4950 people here with just a few keystrokes.

 

[concrete dog]

just call them back and tell them you are going to have your lawyer handle the claim from here on out.they will probably just go ahead and pay because they know they are full of @#$%.good luck with your claim

 

[223 Gunner]

You can also call your insurance agent and ask his advise without filing a claim. But I agree with everyone else, someone besides you should be paying for this.

 

[Mr. Habib]

Before you lawyer up try contacting the Indiana state insurance commissioner and file a complaint. I had an incident a few years back where I was rear ended by someone. Their insurance ( State Farm, may they roast slowly in hell) tried to tell me the accident was my fault, when I was stopped in traffic and hit from behind by their client. After six weeks of phone tag, stalling, and being told that I could not speak to a claims supervisor because " they don't have access to a telephone", I filed a complaint. By law the Commissioner has to respond within twenty days. In a week the State Farm claims supervisor somehow was given access to a phone and called me and offer to settle 100%. I had the check in my hands in two days. According to my insurance agent if you threaten to get a lawyer the insurance company will refuse to talk to you and only speak to your lawyer, so if you choose threaten to sue be prepared to follow through, just threatening to get a lawyer won't bother them at all. If it does go to court they will do file every motion they can to stall and eat you alive with attorney's fees.

By the way, if the state insurance commissioner gets a complaint about a particular claims office they can go in and audit every claim that that office has settled in the past year. Turning them loose on an insurance company is like getting the IRS to audit that annoying neighbor across the street.

 

[csm47362]

Here is some answers. I did give them they "I'll see you in court line" did nothing to phase her.... Yes, the man went from the hospt to jail......I called my insurance agent and he said he don't not see how they can do it, but he was going to call a claims agent at my company and see what they say.... I called 2 lawyers this morning and both told me to turn it into my insurance and let the fight it.....This whole thing is total BS!!!!!!!!!!!

Any one know any cheap wall builders close to New Castle?????????????

 

[bigus_D]

I would contact my insurance carrier if I were in your shoes. They will definitely lawyer up and get reimbursed from the driver or the driver's insurance. In this case, you can get your wall fixed straight away (albeit after paying the deductible... which you would get your deductible back after the insurance company settles up with the driver.)

 

[hornadylnl]

I forgot about filing with your agent. I was in an accident with some broad that hit me. I called my insurance agent and he about had a cow when I told him who her insurance company was. He said they were high risk and take forever to pay. He offered to pay the claim and then fight her insurance to get reimbursed.

 

[csm47362]

The deductable is not the bad part it is the amount that my insurance will go up!!!!!! when I did nothing wrong....

 

[Joe Williams]

Get a lawyer. Said lawyer will likely use the "shotgun" approach. Sue her, him, AND the insurance company, and pursue punitive damages and reimbursement for legal expenses against the latter for failing to negotiate in good faith.

 

[Sinner Man]

Seriously, give us the name of the woman, her number and extension. We'll make calls to her asking her nicely to do what she is supposed to do- pay on behalf of her insured driver- nothing more. Enough polite calls and we'll kill her with kindness. She has to pay- just needs convincing.

If that fails, have your homeowner's insurance agent contact that insurance company. If his job is to keep your house fixed and undamaged through insurance he sells you, he sure won't want to see it get destroyed by someone else.

 

[redbarontoys]

just call them back and tell them you are going to have your lawyer handle the claim from here on out.they will probably just go ahead and pay because they know they are full of @#$%.good luck with your claim

I agree, Just the mention of a lawyer will probably be enough, but you do need to contact one to refer them to in case they try to call your bluff. Many lawyers will give an initial consultation free.

 

[hornadylnl]

she's probably changing her story to get her boyfriend out of jail. If she now claims responsibility, won't they have to release him?

While my wife and I were at dinner on Saturday when there was a car accident at our home. A couple was having an argument in the car, the woman was driving and the man was the passenger, the man wanted the woman to stop she refused so he grabbed the wheel, needless to say they stopped when they hit my retaining wall. Well the police was called and they were both taken to the hospital for treatment. I got a copy of the police report on Monday and called the drivers insurance company. Here is the part I am not sure how to proceed with. I got a call from the ladies insurance adjuster today telling me that they are not going to cover the damages because the man was the one who caused the accident even thought their insured was the one driving. They then informed me that they have found out that the man has no insurance and that I would need to take legal action against him or turn it into my home owners. I hate to turn it into my homeowners as I had to file a claim last year for roof damage and another claim with most defiantly cause my insurance rates to go up, plus I would be out the $1000 deductable. The total damage will run around $5000 to $6000 dollars and me being laid off right now I don’t have that kind of money to spare, who does even when they are working. So here is my big question, Can her insurance get away with this, and is there anything else I can do?? I know this is a bit off topic for this site but I know there is a big membership on here that will cover all walks of life and someone might have some advice. Thanks for your help, Chad



********Update********** Now the lady has changed her story. She is now saying that she turned the wheel hard to avoid hitting somone in the road. This could be good for me. I can't see any way her insurance to get out of it now. I am sure it is still going to be a long hard battle.....

 

[SC_Shooter]

I guess by that logic, she would also not be guilty of OWI if she was hammered and in the driver's seat, but her hubby was steering from the passenger seat when the LEO pulled them over. Who would have thunk it???