by Galak » Thu Apr 17, 2008 03:31 am
Hi Community,
I just found this website today, and have read a few posts, everyone seems very helpful, and I am in sure need of some help.
Setting:
Last Friday, I was involved in an daytime accident at a 4 intersection (with stop signs in all directions) in a residential area in Southern California. There is one lane for each direction. I was traveling southbound and came to a complete stop at the intersection. There we two cars to my right, going east bound, nobody coming from the south or east. The first car proceeded to onto the intersection, which meant it was my turn to go next. As I crossed the intersection, I look to my right side, and see the second car coming at me.
I was already 2/3 of the way across the intersection as she started to go. She hit my rear tire and rear fender. The lady was elderly, and she was more hysterical when we first pulled over, and kept complaining that someone had hit her just a few weeks prior and that her she just had her car fixed. I called the cops to ask them to come out and write a police report, but at the time she apologized for hitting me and that she didn't see me. The cops asked if she was complying, I said yes, so they said they did not need to come out. We both said we would call our insurance agencies that day. I had a passenger in the car, she did not. We did not have any witnesses.
Post Accident:
I filed the claim with my insurance company. They told me that since I did not have comprehensive insurance and only liability, I would have to have a claims adjuster from the party's insurance agency assigned to me. They called the other insurance company to notify them of the claim. I called the other party's insurance following day to find out the progress, and when I spoke to the claims adjuster, she told me that her client had claimed she had the right of way, and is claiming no fault. At this point, I was flabbergasted because she had claimed fault at the scene of the accident and now she is claiming no fault. She was not very nice at all. I asked if I could have the phone number of her client so speak to her about the situation, and she exclaimed to me that it would be considered harassment on my part. I was very friendly to her on the phone the whole duration.
I called my insurance company; they escalated it to a dispute. But my insurance company said that since I don't have comprehensive, they can't do anything for me, but to fight the liability issue of it. He told me that I should go to small claims. At this point, he took my recorded statement, and said he will contact the other party, or try to (since he did not her phone number). The other party's insurance agency has not even called me yet. I have a few questions to start with.
1)What are my options at this point? The damage to my car is not too severe, but I do not think it is right for her and her insurance company to get away scot-free.
2)What happens to my DMV record, if the insurance companies can't reconcile?
3)What are the insurance companies doing now? I called my dispute claims officer and left a message; he did not call back. I don't feel like he is too concerned for me, because he is not fighting for me, but rather if they have to pay the liability.
4)Related to 2, Is my insurance going to go up if this isn't reconciled?
I am really grateful if you made it down this far to read all I have written. I am only a 4th year college student, and do not have the resources to hire a lawyer, any help here would be greatly appreciated, and I thank you in advance.
If you have any questions for me, or need pictures, please feel free to ask, I will provide as much additional info as you need.
I just found this website today, and have read a few posts, everyone seems very helpful, and I am in sure need of some help.
Setting:
Last Friday, I was involved in an daytime accident at a 4 intersection (with stop signs in all directions) in a residential area in Southern California. There is one lane for each direction. I was traveling southbound and came to a complete stop at the intersection. There we two cars to my right, going east bound, nobody coming from the south or east. The first car proceeded to onto the intersection, which meant it was my turn to go next. As I crossed the intersection, I look to my right side, and see the second car coming at me.
I was already 2/3 of the way across the intersection as she started to go. She hit my rear tire and rear fender. The lady was elderly, and she was more hysterical when we first pulled over, and kept complaining that someone had hit her just a few weeks prior and that her she just had her car fixed. I called the cops to ask them to come out and write a police report, but at the time she apologized for hitting me and that she didn't see me. The cops asked if she was complying, I said yes, so they said they did not need to come out. We both said we would call our insurance agencies that day. I had a passenger in the car, she did not. We did not have any witnesses.
Post Accident:
I filed the claim with my insurance company. They told me that since I did not have comprehensive insurance and only liability, I would have to have a claims adjuster from the party's insurance agency assigned to me. They called the other insurance company to notify them of the claim. I called the other party's insurance following day to find out the progress, and when I spoke to the claims adjuster, she told me that her client had claimed she had the right of way, and is claiming no fault. At this point, I was flabbergasted because she had claimed fault at the scene of the accident and now she is claiming no fault. She was not very nice at all. I asked if I could have the phone number of her client so speak to her about the situation, and she exclaimed to me that it would be considered harassment on my part. I was very friendly to her on the phone the whole duration.
I called my insurance company; they escalated it to a dispute. But my insurance company said that since I don't have comprehensive, they can't do anything for me, but to fight the liability issue of it. He told me that I should go to small claims. At this point, he took my recorded statement, and said he will contact the other party, or try to (since he did not her phone number). The other party's insurance agency has not even called me yet. I have a few questions to start with.
1)What are my options at this point? The damage to my car is not too severe, but I do not think it is right for her and her insurance company to get away scot-free.
2)What happens to my DMV record, if the insurance companies can't reconcile?
3)What are the insurance companies doing now? I called my dispute claims officer and left a message; he did not call back. I don't feel like he is too concerned for me, because he is not fighting for me, but rather if they have to pay the liability.
4)Related to 2, Is my insurance going to go up if this isn't reconciled?
I am really grateful if you made it down this far to read all I have written. I am only a 4th year college student, and do not have the resources to hire a lawyer, any help here would be greatly appreciated, and I thank you in advance.
If you have any questions for me, or need pictures, please feel free to ask, I will provide as much additional info as you need.
Posted: Thu Apr 17, 2008 03:37 am Post Subject:
in addition.
I feel bad for her in a way, because she is elderly and seems a bit senile. She also kept repeating "h I'm just going to give it up", (meaning giving up driving), but I told her that it was alright, and accidents happen.
I think there could be possibility that she truly thinks it wasn't her fault, and she reported to the agency that way. I also believe that it is a possibility that from her statements (claiming she had the right of way), the agency deduced that it wasn't her fault, how do I even fight that? I feel really burdened, thanks again for your help.
Posted: Thu Apr 17, 2008 04:09 am Post Subject: accident
Since the police din't show up, at the accident, was there a witness there, that heard the other driver say "she was at fault?" I work with the elderly. SOO many of 'them' think they can STILL drive, when they really ( mentally or physically) cannot. Did you happen to notice her 'state of mind?' I mean..did she seem like she was just 'not there?' If you had a passenger with you, and he saw all that has happened, maybe the first step would be to let your insurance company AND the other one know about this. I know insurance companies are there to 'protect(?)' us, however, the OTHER insurance company should be told. Also......the police SHOULD have shown up at the scene. Hope this helps a bit.
Posted: Thu Apr 17, 2008 04:52 am Post Subject:
At this point, I was flabbergasted because she had claimed fault at the scene of the accident and now she is claiming no fault.
Stop calling her. Now, that its quite evident that she might have had an attorney all this while! So, theres no point in speaking with her any more..rather try to pursue this case through your insurance co.
What are the insurance companies doing now?
Insurance companies might just be collaborating or may be carrying on an investigation.
Carsondrew
Posted: Thu Apr 17, 2008 10:43 am Post Subject:
Good morning Galak, and welcome to the community...
Ok, a couple of things first....ALWAYS insist (if possible) that a police report be made...I know you know this now...but others that read this might not have 'gotten' that part...
Secondly what she says, re: 'it's my fault' or not really is of no bearing at all to the finally outcome....I think this poor old woman, like many thinks, that it's not her fault now but clearly it is...and this is why...you damage location is your best defense....
I was already 2/3 of the way across the intersection as she started to go. She hit my rear tire and rear fender
(by the way in the rear of the car it's called a quarter panel...do not say fender, say quarter when you are discribing the damages otherwise someone might think you are talking about the true fender which is in front of your front doors :wink: ).....by the damage on your vehicle is it clear that you had possession of the intersection...the fact that she is on the right side of you is of no consequence in this scenerio.....1)What are my options at this point? The damage to my car is not too severe, but I do not think it is right for her and her insurance company to get away scot-free.
Has her carrier 'offically' denied your claim? Have they asked to see your vehicle or requested that you get estimates? If they have not denied it, then call the adjuster back, and say something along the lines of....'listen I don't think you understood me...i was nearly thru the intersection she hit my right quarter! with her front! if i were at fault the damages would be the other way around! I'm asking you nicely to please fully investigate this accident....your insured isn't a police man or an insurance adjuster and frankly not a safe/stable driver, she can't determine fault you all have to and that is AFTER an investigation which should include inspection of the scene and both vehicles! Now where do we go from here?"2)What happens to my DMV record, if the insurance companies can't reconcile?
don't think anything happens to your dmv record regardless...3)What are the insurance companies doing now? I called my dispute claims officer and left a message; he did not call back. I don't feel like he is too concerned for me, because he is not fighting for me, but rather if they have to pay the liability.
Call him back again...he is fighting to deny the other party's claim...which is a MUST if you are to collect from the other party...make sure he understands that you feel you are zero at fault for this accident and you do not want any contributing negligence assessed to you...as there was nothing you could do to prevent this accident...you don't have eyes in the back of your head! It's imparative that your company doesn't assume any negligence (meaning that you are zero at fault).....it's true that he can't really 'represent' you in your claim with the other carrier because they haven't paid out anything (you don't have collision coverage...NOT comprehensive collision)....but still he has to complete a full investigation in order to deny the old lady's claim...4)Related to 2, Is my insurance going to go up if this isn't reconciled?
yes, if your carrier accepts any liablity for your part...although to me from what you have said this seems highly unlikely.I also believe that it is a possibility that from her statements (claiming she had the right of way), the agency deduced that it wasn't her fault, how do I even fight that? I feel really burdened, thanks again for your help.
As I said they CANNOT base their decision on their insured saying they aren't at fault....it's there job to look at all the evidence....it is your burden to prove your damages and your view of the accident...are there any homes in the area? anyway to find out the vehicle that was in front of her? any stores anything? if so I'd go there knock on a few doors and see if anyone saw anything at all...it could be the vehicle in front of her (who would be your best witness) ....Please let us know after you talk with her adjuster again, and yours....also check the area...you may have to file in small claims court...but I think there are a couple of things we can try first...
oh, don't call her anymore...at all! do however if you can get her full name and address (in case you need to file a small claims case) also your company should get photos of both vehicles showing point of impacts ask should you have to go to small claims if you can get copies of these....
Posted: Thu Apr 17, 2008 06:05 pm Post Subject:
Darn, Lori beat me to all the good stuff... again.
To add...
I just want to be sure that you are speaking to the other parties insurance company and _not_ an agent, correct? Most adjusters would have obtain a recorded interview with you, as you carrier wants. As mentioned, unless a written denial has been sent to you, the claim has not been denied. You can call the other carrier and asked them for the status of their claim and what actions they think they are going to be taking. That is, are they going to continue to investigate the claim. You might even want to ask them if they want to obtain your recorded interview and inspect your vehicle. You might even want to offer to email digital photos of the damages on your car if you have the ability. Showing the adjuster that you are willing to help with their investigation might help convince them that you are sincere about what happen. as Lori mentioned, I think the point of impact to your vehicle pretty much says it all. You had control of the intersection and in addition to that, you not only had already pulled out into the intersection but were had done so some time before the other party even pulled away from the stop sign. I see no reason why she should not have seen your car approaching the entire time.
You don't need to speak the other driver... this really won't help your case. The other carrier should not be giving out that personal information anyway.
To put it in a nutshell, you carrier has nothing to do with the damages to your vehicle since you don't have _collision_ coverage. Granted, if they were to accept liability for the damages to the other person's car, this would not help you situation... but I see _no_ reason why they would do this. They should be gathering enough information in order to deny any claim the other party (her insurance company) may present.
You may even want to take photos of the intersection and email them to the adjuster, again, if you have that ability. Remember, you have a certain amount of responsiblity to prove that the other party was at fault. Basically, the more information you can give to that adjuster, the better.
I'm hopeful that they will see the light but if they don't, you need to obtain a written denial and I think you'd have a very good chance of wining in small claims court. But I think if they denied the claim and you filed in small claims court, that they would probably pay the claim even before it went to court.
Posted: Thu Apr 17, 2008 06:49 pm Post Subject:
Hi Galak,
Sorry for your mishap. Everyone has good sound advise, but the bottom line is if you have exhausted all your options, small claims would be your final step. Hopefully all turns out for you.
Posted: Thu Apr 17, 2008 08:23 pm Post Subject:
hi everyone,
thanks so much for all your replies so far. After reading your replies, this definitely is one of the times this week that I've felt a lot better. Thank you for the kindness of your replies and sharing this burden with me.
Did you happen to notice her 'state of mind?'
Hey, sdchargersfan, I wrote a long reply late last night, but I forgot to submit it. In terms of her state of mind, I think that from her perception and from her comments, she asked me a few times, "where did you come from?", and when I responded, she said "I didn't see you". And then that is when she initially claimed she had the right of way. So to clarify what I mean, she was probably thinks that if she didn't see me, and I appeared in the intersection out of no where, then I am at fault. Lori says it best, "I think this poor old woman, like many thinks, that it's not her fault now but clearly it is.."
Stop calling her.
just to clarify, that I never called her, but rather spoke to the claims adjuster for her insurance company. That adjuster was very rude to me, and it seemed as she didn't care about any of the statements I made. Did not want to record them, and told me to contact my insurance company to talk to her. I will call her back with the advice that has been posted after I compile a checklist.
Has her carrier 'offically' denied your claim? Have they asked to see your vehicle or requested that you get estimates?
They haven't contacted me at all. My claims adjuster called me this morning, and he said contacted her insurance company, and has sent out a contact letter to the her, but they haven't contacted him back yet. I will go get some estimates tomorrow on my car.
he is fighting to deny the other party's claim...which is a MUST if you are to collect from the other party
Forgive my lack of knowledge, but if he is fighting to deny the claim of the other party, but cannot fight for me if i don't have collision insurance, does this process alone on his end allow me to collect? Or is it his denial of the claim + additional effort by me to talk to the other party's claim adjuster to collect.I just want to be sure that you are speaking to the other parties insurance company
Yes, I spoke to her claims adjuster once so far.
You may even want to take photos of the intersection and email them to the adjuster
yes, I just did this yesterday =)Again, I really want to thank you all for the replies (long and short) and and your patience, everyone is really encouraging. I will do as everyone has said and will keep you all updated.
let me know if you have any questions and I'll try my best to answer them :(
Posted: Fri Apr 18, 2008 04:51 am Post Subject:
Your carriers denial does not mean you can collect from the other party. Look at it this way... a denial can also mean that the other party has not proves the other person was to blame. That is what needs to be accomplished to collect. So your carrier can deny the other person's claim as they don't feel there is enough information to show you were responsible. Proof that you were not responsible is not required all of the time. But how would it look if your carrier paid the other person's claim. This means that the other person provided enough information to show that you were at fault. If this were possible, the other carrier would use that same information to deny your claim. So if you carrier paid the claim it just does not send a good signal to the other carrier.
Posted: Fri Apr 18, 2008 09:18 am Post Subject:
Is there binding arbitration in CA?
Posted: Fri Apr 18, 2008 10:25 am Post Subject:
Darn, Lori beat me to all the good stuff... again.
you've got me the past several...i'm a little 'off my game' these past couple of weeks! :lol:Is there binding arbitration in CA?
I'd almost bet there is...but shouldn't go that far...this to me is a 'pud' claim... :roll: i don't know what's up this claimant carrier's nose.... :roll: it's irritating me, I can only imagine the poor OP! Dang I hate laziness ! :xIf this adjuster continues to be 'rude' and doesn't want any information from you etc....call back and ask to talk to her supervisor. Then if you get no where let us know....think it will then be time for a complaint with your states Dept of Ins....I hope this adjuster was having a bad day....and will be totally different when you speak with her again...if not, frankly I'd lower the hammer...it's just so stupid that she didn't while you were on the phone get her statement and all info she needed, that worries me a little...
OP, what company is this? Some of us might know some particulars regarding the claims handling of certain companies as well as what to do and whom to contact within the company if a claim isn't handled properly...
Add your comment