by Guest » Sun Sep 16, 2007 11:12 am
Hello guys, I have a question:
I was in accident where a truck making a left turn from the middle lane hit my car's passenger side, while I was making a left turn from the far left lane. I t happened in NY, I have NY plates, the truck - WI plates. Long story short, I have basic-only insurance coverage trough Geico. They are not fighting for me, I have to take care f the claim. I filed a claim with Geico & the other driver's insurance co. They sent an adjuster to inspect the vehicle, take my statements etc and now I have received a letter from the adjuster, offering half of the sum that my repairs cost. The letter, however is titled "Release from all obligations" and practically says that they are paying me to release them from all obligations regarding this case, but it doesn't mean that they confess that it has been the other driver's fault neither they are closing their claim down. Meaning that they can still demand money from my insurance.
What should I do?
Thanks for your time!
I was in accident where a truck making a left turn from the middle lane hit my car's passenger side, while I was making a left turn from the far left lane. I t happened in NY, I have NY plates, the truck - WI plates. Long story short, I have basic-only insurance coverage trough Geico. They are not fighting for me, I have to take care f the claim. I filed a claim with Geico & the other driver's insurance co. They sent an adjuster to inspect the vehicle, take my statements etc and now I have received a letter from the adjuster, offering half of the sum that my repairs cost. The letter, however is titled "Release from all obligations" and practically says that they are paying me to release them from all obligations regarding this case, but it doesn't mean that they confess that it has been the other driver's fault neither they are closing their claim down. Meaning that they can still demand money from my insurance.
What should I do?
Thanks for your time!
Posted: Mon Sep 17, 2007 11:37 pm Post Subject:
Ok smilenyc07, allow me a few questions as well and let's see if we can't get a full understanding of this accident.
How many lanes total are there?
Which bumper (damage on his) front or back?
You were going opposite (not the same) direction correct? Just tell us I was going north, he south or whatever.
You said you were BOTH making left turns at impact correct?
where a truck making a left turn from the middle lane
What EXACTLY is this
truck was in the center lane, which is a "trough only" lane
''trough only'' lane you are referring to?Where is this 'center' lane in relationship to where your vehicle is just prior to the turn, (lane is directly left of you, right of you, two lanes over?)
Here's what I'm getting from your discription you let me know if correct or not.
There are five total lanes on this roadway.
2 one direction, 2 the other.
1 center lane between the two, (merge or left turn lane).
You begin a turn in the far left lane, he likewise begins a left turn in this 'center' lane.
Please let us know......
tcope HE is insured with Gieco! :lol:
Posted: Mon Sep 17, 2007 11:40 pm Post Subject:
ok, disregard, that last post of mine, didn't realize, more had come in...It's a one way street !!!!!!!!!!!
Posted: Mon Sep 17, 2007 11:47 pm Post Subject:
:D haha gotcha
I am with Geico, yes. I was in the far left lane. The truck was in the lane next to me (so the second lane from left to right). Yes, we were both making a left turn at the time of the impact. State is NY.
But here is some more details. Here's exactly what I stated in writing:
" I was approaching the intersection, red light was on. I was driving with approx 40 mph in the far left lane. The truck was standing in the lane next to me, the second lane from left to right. While I was slowing down, the light turned green, I put my left signal on. The truck started moving forward (straight), no signals on, as I was already in the intersection, preparing to make the left turn. The truck suddenly started turning left, colliding with my vehicle while I was performing left turn."
I believe that you will get a better understanding of the situation if you follow the link and take a look at the photos :)
http://www.teranome.com/tmp/car/
Thanks!
Link deactivated as per forum rules - Lakemen
Posted: Tue Sep 18, 2007 12:02 am Post Subject:
I looked at them. I didn't realize till then it was a one way street !!! I think I have it now, you were in left far, he makes a left turn from lane immediately to your right which is a ''going straight only lane''... striking your rt side (i saw those pictures too)...with his left front bumper....CORRECT?
Please explain how on this Lord's green earth did that cop cite you, or mark you contributing? I think (and this happens more than you'd think) he made a mistake and MEANT to mark the other driver for illegal turn. Call that reporting officer immediately, or his reviewing officer. Ask to come in and met with him and go over this again. I'll bet he marked the wrong vehicle, (or someone is intreputing the report wrong). I see no way in the world anyone could've found you rather than the truck the negligent party here.
Are you dealing with an adjuster or an agent at Gieco, (your company)?
Absolutely would not accept this 50/50 and would do all I could do to make sure that Gieco denied the claimants claim.
The physical damage and the photo of the intersection (what did you do climb a building for that picture), clearly match up with your story.
Please call the cop and see if you can see them, and let us know what he says. I seriously (since you do not have collision coverage), would file a small claims case against this other vehicle owner if his carrier didn't offer me 100%. Get the judgement and then his carrier will bump/pay that claim! I'm just mouth a gap!
Who is the 'other' company? Are they basing their entire liablity decision based on the police report? What is their guys defense? He turned from a 'non-turn' lane correct?
Sorry, got myself all pissed off (for you)......I would do what I've suggested and in NO way accept this offer or any less than 100%.......
Let me/us know..........
Posted: Tue Sep 18, 2007 12:17 am Post Subject:
Hey Lori dont get yourself pissed off. I will try to get in touch with the officer but to get this report amended is a dead cause. Initially they have forgotten to write the other guy's insurance company code on the report. I spet 2 weeks to get his info by myself, calling his police precinct. The cop that did my report was as helpful as a dead man, so was his desk officer.
The photo of the itersection is from maps.live.com by the way ;)
Posted: Tue Sep 18, 2007 11:32 am Post Subject:
Hey Lori dont get yourself pissed off.
Can't help it, laziness and incompentance irritate me bad. Especially in my own profession ! :lol: (claims adjuster)...Let me know what your company has to say, and hopefully your adjuster will review all the facts including scene photos etc, and deny this claimants claim. If not read your policy and appeal this decision.
Another possible solution, is that if your company denies the claim, the claimant carrier (if they are members and most are), may file in arbitration, if they do ask your carrier, if you can include your damages in that arb. hearing....(these take forever). Not sure they will allow it since you do not have collision coverage. And the other carrier will be the one that has to file. (no payment or subro attempt by your company)
Being what it is, I would exaust the cops, then more than likely file the suit in small claims court, (minimal cost to you for this). You seem, intelligent, well prepared, and should get your point across, and make a good impression in front of a judge. Once you receive a judgement, (and frankly I see no way you could do worse that the 50/50, and more than likely 100%). Other carrier will be forced to pay the judgement or appeal it, and doubtful they would go to that expense on this small of a claim.
Good luck and let us know, you have a very interesting claim.. And it should not go this way! I'm so sorry about this. One other thing, you know your Mama probably told you, 'you can catch a lot more flys with honey than with vinegar' be nice to your adjuster, see where it gets you! :wink:
Posted: Tue Sep 18, 2007 08:09 pm Post Subject:
Unlike Lori, I've not been working for a couple of months to I'm calm :lol:
I understand it was difficult to get anything accomplished with the police dept but I _highly_ recommend you go up the ladder if people are not responding or addressing your issue. I've done this and it _does_ work. You have two things going for you... it's the police depts job to offer assistance, this is what they are paid to do. Police dept higher up's don't like to have their time wasted with simple matters that their under staff should have done. Sh*t rolls down hill in places like the police dept. If someone does not respond to you, let that person's higher-up know.
The big issue that Lori has is that, left unchecked, the incorrect police report will get more and more difficult to correct and it _will_ bury you. The other issue she has is _how in the heck_ did the other driver convince his adjuster that he was not 100% at fault? Was this a large truck that was making a wide turn? If so, perhaps the other driver states that he was turning wide from the left turn lane and you snuck in on his drivers side (I'm not saying this is what happen... I'm just wondering what his description was).
I'd take the path of least resistance and work on getting that police report corrected or at least find out why the officer wrote down what he did. I'd also speak to your adjuster and find out what the other drivers statement was. If your adjuster is waiting on an estimate from the other driver, then they intend to pay something, meaning they also see you at least partially at fault. Surely when GEICO offered 50% the adjuster explained why.
Posted: Tue Sep 18, 2007 11:43 pm Post Subject:
tcope stop it !!! :wink:
Surely when GEICO offered 50% the adjuster explained why.
!! Geico didn't offer 50% the clmt carrier did !! Gieco is HIS company :lol: :lol: :lol:Posted: Wed Sep 19, 2007 12:14 am Post Subject:
Well you have it from two adjusters now, you CAN get that report changed, I too have seen it many many times...please let us know how this turns out for you I am wishing you the best....thanks for allowing us to try and help...lori
Posted: Wed Sep 19, 2007 04:26 am Post Subject:
Geico didn't offer 50% the clmt carrier did !! Gieco is HIS company
. I guess all that FenFen in the 90s was not a good idea.Now... who am I again? :P
Add your comment