by Guest » Wed Apr 01, 2009 10:29 pm
I was rear ended by a truck on the interstate - traffic had come to a complete stop (police had an exit and lane closed on the interstate - police beacons were visible for some distance; and two DOT LED signs had indicated the closed exit miles before) - the driver behind me failed to notice that I (and traffic) had stopped; I was hit at upwards of 35MPH.
I dealt with the other insurance company's assessor before the adjuster - the assessor issued a check and proceeded as though they had accepted liability. I then spoke with the adjuster, as I needed to arrange rental. She was surprised that a check had been issued and told me to tear it up and she would stop payment on it.
The other driver is claiming that I contributed to the accident, and lied to the officer on the scene that I changed lanes to in front of him and hit my brakes.
A) the damage to my car has been estimated at over 6 thousand dollars worth - only possible if I were at a controlled stop and were hit at a hight rate of speed - I did not 'hit my brakes', although the stopping of the traffic was more abrupt than usual.
B) the insurance company already indicated acceptance of liability by issuing the check
The adjuster wants to perform a recorded statement tomorrow - I do not want to be recorded.
I have asked our corporate lawyer for assistance and he has offered it - I will be speaking with him before my scheduled call with the adjuster.
Does anyone in the forum have any insight into the situation? The incident occurred in the state of Georgia - both drivers are residents of Georgia.
-viiiwonder
I dealt with the other insurance company's assessor before the adjuster - the assessor issued a check and proceeded as though they had accepted liability. I then spoke with the adjuster, as I needed to arrange rental. She was surprised that a check had been issued and told me to tear it up and she would stop payment on it.
The other driver is claiming that I contributed to the accident, and lied to the officer on the scene that I changed lanes to in front of him and hit my brakes.
A) the damage to my car has been estimated at over 6 thousand dollars worth - only possible if I were at a controlled stop and were hit at a hight rate of speed - I did not 'hit my brakes', although the stopping of the traffic was more abrupt than usual.
B) the insurance company already indicated acceptance of liability by issuing the check
The adjuster wants to perform a recorded statement tomorrow - I do not want to be recorded.
I have asked our corporate lawyer for assistance and he has offered it - I will be speaking with him before my scheduled call with the adjuster.
Does anyone in the forum have any insight into the situation? The incident occurred in the state of Georgia - both drivers are residents of Georgia.
-viiiwonder
Posted: Thu Apr 02, 2009 01:04 am Post Subject:
Yes, keep the check but you may not want to cash it. A check is a promise of payment. Once it's issued, a person cannot simply stop payment on it. If an error was made then they need to get the money back from you, not go back on the legal wording on the check. I'd say issuing the check is borderline estoppel. Though this means very little in the real world (especially as it appears you were told of the liability questions shortly after and issuing of the payment did you no damage).
If you don't want to give a recorded statement, that is fine. Just tell them what happen in the accident. If the other person's statement is correct and the damages are to the full rear of your vehicle then this would still indicate that you had enough time to completely change lanes and come to a complete stop. I'm not saying it happened that way... I'm just saying that it's a weak defense on the other drivers part. You still have a right to change lanes and stop in traffic.
If your vehicle is not drivable you may wish to file under your own collision coverage if you have it and have your company pursue recovery. This is an option.
The extend of the damage to your vehicle only shows the force of the impact. Nothing else. It does not necessarily mean you were stopped.
Posted: Thu Apr 02, 2009 02:58 am Post Subject: Thank you....
Thanks for your reply... the concept of estoppel is new to me, and the limited googling I just did at least gives me a concept of 'Your [insurance] company, by issuance of a check, promised to accept liability, and have now taken that statement back, causing me to suffer.'
I hope to head off the 'recorded statement' issue with this one ('you accepted liability by gesture, further investigation is unnecessary'.)
You may have put it the simplest, but yet most helpful way: I still have a right to change lanes and stop in traffic. - Thankfully the police report contains no quantitative statements (regarding distances, speeds, etc) just complete hearsay.
I have a call with my law resource (again, [good] corporate lawyer, so I am wary of his traffic expertise, but once again: I think this will get hung up in the fact that a check was issued and then rescinded.
I welcome any other thoughts on the subject!
-viiiwonder
Posted: Thu Apr 02, 2009 06:05 am Post Subject:
The other insurance company needs to obtained your version of the accident. Without it, they will go by what their insured states as well as what is on the police report. You don't need to give a recorded statement but you may want to give a statement. To be honest, a recorded statement hold no more value then a verbal statement 99.9999% of the time.
Posted: Thu Apr 02, 2009 06:10 am Post Subject:
Hi Op, why you don’t want to get recorded? May be your willingness to stay off record have forced them to believe that you have something to hide about the accident. If you’er honest you must give a recorded statement to the adjuster. They have the right to know the facts behind the incident before acknowledging the responsibility.
However, you may also pay hid to tcope’s suggestion and file the claim with your insurer. It often facilitates speedy settlement.
Posted: Thu Apr 02, 2009 12:31 pm Post Subject:
Good morning Vii,
Recorded statements are done on nearly every claim..both carriers I've worked for (combined of 20years) and all carriers I have dealt with routinely take recorded statements...frankly it's to protect you and the carrier..if not recorded, then the carrier could say, 'i never told you that iaa' or the opposite, also there is a physchological reason, which you are showing.. :wink: people are more prone to pay very good attention to what they are saying and speak the truth...I'm sure you are being 100% truthful, and were I you I'd not worry a bit about a recorded statement in fact I would welcome it so that I (you) are not misquoted...
It's very unusual for a carrier to accept liability, issue payment then 'take it back'...I'm unfamilar with the term ''assessor'' are you referring to maybe a damage appraiser? If so does this person (the one that issued payment) also work for this carrier or are they an independent appraiser? Clearly that person had draft authority, and one would assume that the claim was cleared at that time to pay...How much time between the day of accident, the day the draft was issued, and the day they 'took it back'?
When has the adjuster told you they will get back with you on this decision? Were there any independent witnesses to this loss? Is the damage a direct square rear end hit? Or is it more to the right or left? What about the other vehicle is her damage dead square in middle front or one side or the other? What does the draft say under, 'in payment of'? Were you or any passengers in your vehicle injured?
As Tcope mentioned to get your vehicle fixed quickly you may want to use your collision coverage, and your carrier will then subrogate the other carrier. Unless you have reason to believe that the other carrier will be changing their minds pretty quickly..
Might not be a bad idea to file a complaint with your states dept of insurance if this other carrier doesn't turn this back around (in your favor) in a hurry.
Posted: Thu Apr 02, 2009 03:47 pm Post Subject:
You bet they would like for you to just tear it up!
Insurers Stop for Estoppel
Estoppel is a legal word that in layman's terms means: When you have an agreement to perform a function or job and you act, starting the job or beginning to do what was agreed on with the insurer's representative, the rules cannot be changed. In the cases collision centers most often deal with, it'll be an agreement on price for a given repair. The customer has already signed the necessary repair order, and the shop gets started. When the job has been started, the insurer can't come back and say, "We made a mistake. There's no coverage, and we'll stop payment on the check."
www.bodyshopbusiness.com/Article/3852/stop_in_the_name_of_estoppel.aspx
Posted: Thu Apr 02, 2009 09:40 pm Post Subject:
You bet they would like for you to just tear it up!
no joke, :roll: while the op cannot cash it, (it's got a stop pay on it by now) no way I'd tear it up! :roll:When the job has been started
but it hasn't ... :(Posted: Fri Apr 03, 2009 03:13 pm Post Subject:
You can roll them purty eyes all youse wants but I have had customers successfully use estoppel when I have not yet begun hands on repairs. When a customer commits to a shop and signs an authorization or contract of repairs that makes them liable for all ordered parts and lost profits, should they change their mind then they have relied on the insurers promise to pay based on that draft. I guess one could interpret it as, what actually begins the process of a repair.
Posted: Mon Apr 13, 2009 02:10 pm Post Subject:
You can roll them purty eyes all youse wants
I was rollin' 'em with ya' friend not against ya' :wink: (or 'at' the ins adjuster and them telling the claimant to tear up the check)....Add your comment