by Gege310 » Sat Jun 05, 2010 04:34 am
I was involved in a accident at the time I did have insurance , however the car I was driving had not been added to my policy yet. I'm claiming I'm not at fault and the other party involved is also claiming he's not at fault. Now the other partys insurance company is saying I'm at fault and they handed me over to collection agency who's stating I now owe them $10,000 and there gonna suspend my liceanse. What should I do?
Posted: Sat Jun 05, 2010 05:07 am Post Subject:
Have you actually talked with you insurer? Your agent? Normally, cars that are acquired during the policy period will have coverage for a period of time after the purchase automatically. This is, of course, assuming that your policy was in force at the time of the purchase.
Was this a replacement vehicle? In other words, did the "unreported" car replace a car that was already on the policy? Or was this car an "additional" car added to the family? That makes a difference. As well, once you answer these questions, it helps to know what state you're in.
We'll do our best to help, but we need more info.
InsTeacher 8)
Posted: Sat Jun 05, 2010 06:13 am Post Subject:
Thanks for the reply. Yes I have contacted my insurance and filed a claim with them because I was told they should be able to help me. At first they was nice and acted like they was going to take care of it. I was told by my insurance company that had 30 days to add the new car o. My policy. Well the accident happen within 30 days after purchasing the car. Just today I found out that my insurance denied my claim and there now saying since the car was not added within 30 days of getting the car they cannot help me. I never added the car to that insurance policy because my insurance agent found me a better rate for the new car that I purchased and the car I had before the accident. So ended up switching to my current insurance provider. The car was is additional car that would of been added to the family.
There was three cars involved in the accident that's including myself. There was alot of traffic at the time of the accident. I was making a left turn at a green light and the on coming traffic couldn't cross because traffic was stopped at a standstill accross the intersection. It was a three landed street cars where parked in the lane closet to the curb. The other two lanes where stopped and gave me the right of way before of traffic ahead. I was almost hafeway accross the intersection is a small car came through the lane of parked cars speeding and we hit eachother he ended spinning around and hitting another car. He's insurance is saying it's all my fault because I was making the left turn and I was supposed to give him the rideaway. However because of him coming throuh a lane that was used for parking and speeding a cross the intersection trying to cut accross traffic I had no way to avoid him.
This all happend in state of California
Posted: Sat Jun 05, 2010 03:55 pm Post Subject:
my insurance agent found me a better rate for the new car that I purchased and the car I had before the accident. So ended up switching to my current insurance provider.
So did you get a binder for coverage, or were you just spending all your time shopping for lower rates while driving around town without any coverage? There is still information missing from this post like your other identical one.
This all happend in state of California
Was there a response to the accident by a law enforcement agency and was a report written? Was your left turn being made under the control of a "left arrow"?
The fact that traffic "was stopped at a standstill" is irrelevant. Either you had the right-of-way to make a turn against oncoming traffic or you did not. The curb lane is not normally a "traffic" lane when cars are allowed to park there. The driver coming along in the curb lane may have been violating a section of the CA Vehicle Code prohibiting passing on the right, but if you were not supposed to be making a left turn at the moment (due to the right-of-way issue), it could be a form of "mutual combat" and will take a judge or jury to determine the matter of negligence and liability.
CA is a "comparative negligence" state when it comes to such torts as this. If you were 51% at fault, the judgment goes to the other party as far a physical damages is concerned. But his 49% involvement reduces the amount of any award for non-economic damages (i.e., pain and suffering -- jury awards $100,000, award must be reduced by $49,000 due to % of involvement in one's own damages).
California civil and criminal juries are notorious for overlooking facts and making decisions based on feelings. OJ Simpson has first-hand knowledge of this. And "Court TV" followed a case several years ago in which two men engaged in an unlawful "speed contest" on a surface street in San Diego county were involved in a collision that claimed the life of a young mother. The woman made a left turn in front of the speeding cars, and the defense attorney put the blame on her, stating, "If she had not been making the turn so slowly the accident would have never happened." And what about the fact that these two idiots were driving in excess of 100 mph (meaning a closing rate of about 135-140 feet per second)? Must not have been important to the jurors who let the killers off.
Posted: Sun Jun 06, 2010 11:42 am Post Subject:
The other two lanes where stopped and gave me the right of way before of traffic ahead. ahhhh, 'the wave of death'.. :roll: I see at least one of these every 60 days or so...yep, you're at fault..
He's insurance is saying it's all my fault because I was making the left turn and I was supposed to give him the rideaway.
yep, bet you had a 'solid' green, instead of a green 'arrow' right?However because of him coming throuh a lane that was used for parking and speeding a cross the intersection trying to cut accross traffic I had no way to avoid him.
Still sounds like the fact is you turned left on a solid green, if you did this, oncoming traffic had the right of way.my insurance denied my claim and there now saying since the car was not added within 30 days of getting the car they cannot help me
This is pretty easy, you either added it to your policy (the carrier that has your other vehicles) or you didn't...I never added the car to that insurance policy because my insurance agent found me a better rate for the new car that I purchased and the car I had before the accident. So ended up switching to my current insurance provider.
Then you did NOT add it to your current policy..You/your agent wrote the 'new' car with a different carrier correct? And was this, (I presume) AFTER the accident? When did you actually notify your agent that you had this new vehicle? Within 30days of purchase or not? Before the accident or after? If before the accident, was a claim filed with this 'new' carrier?How long ago did this all happen? If they have already turned you over to a collection agency, I'd think this has been awhile back?
So what about the third (innocent bystander) vehicle and their damage? This claim will be on you as well...Was anyone injured? Any either of the other two vehicles? If so these claims are forthcoming as well..I assume you were issued a ticket...did you fight it? Have you resolved this? Was anyone else issued a citation? If so for what? Were there any witnesses that would back your contention that the other guy was speeding, and 'shooting' lanes?
You can make payment arrangements to pay for the damages of the first vehicle, or you can make them sue you...in which case if they get a judgement they will then collect on it, in whatever way your jurisdiction allows. Frankly, I'd be worried that this is the 'tip of the iceberg' and if you have ANY defense for this accident, you'd best get to using it now!
Posted: Mon Jun 07, 2010 05:32 am Post Subject:
Ok I’m just going to tell the whole story on what happened again from the beginning to the best of my knowledge. I moved to California from Ohio and I did not have a car and I needed a SUV for work. My girlfriend allowed me to use her SUV that she was not driving at the time for work. My girlfriend was the primary person on the policy and I was added to her policy for her SUV. Than in late December I bought a new (used) vehicle from a towing company. My girlfriend attempted to add me on the insurance policy with her SUV; however the insurance agent stated it would be a lot cheaper if I would get my own insurance under my own name. On Jan 4, 2010 I was involved in an accident while making a left hand turn on a solid green light it was a clear sunny afternoon around 4:00pm on a busy well congestion rush hour traffic weekday... oncoming traffic on the opposite side had three lanes 2 lanes were traffic flowing through the third lane which is closest to the curb had cars parked in that lane traffic was at a point where they had to stop from the two lanes to clear the intersection so I can make my left hand turn and as I proceeded to go and turn I eased out only seeing the two lanes toward the center clearly stopped for me to make my turn the third lane that was close to the curb was clear of cars and I couldn't see well the light was still solid green and I turned left cautiously and slowly stopping and easing toward my turn I knew the third lane had cars parked blocking that lane for fast going oncoming traffic anyways out of nowhere in that third lane comes a car traveling at a high speed where he swiped my front end and spun around hitting a 3 party car in the direction of traffic for which he was going .......after the collision his car was damaged to where it had to be towed the car he hit was damage in the front bumper there was no injuries and my car was drivable and I had somewhere to be waited about 15 min for police no body arrived and I basically exchange info with the guy that hit me and left the scene I didn’t think to wait for the police and didn’t think to get any eye witnesses I just thought the insurance will take care of the situation there was no police report made to the best of my knowledge...ok I made a small claim with his insurance for my car damages and they had a guy come out to take pictures and info of what happened to my car it took like a month or two before the adjuster got back to me and to tell me that my claim has been denied because I was at fault....I just figured since the damage to my vehicle was minor I just leave it alone... in middle of May I got a phone call from grant and Webber an Attorney for his insurance saying that they were going to suspend my license for unpaid damage cost of 10000 dollars this was the first thing I ever heard from anyone since my claim was denied they said they had been sending me letters in the mail but I never received them because I was using my Ohio drivers license in the state of California and my California mailing address was told to the adjuster but somehow I wasn’t receiving the info....I told grant and Webber my insurance info and my insurance denied my claim because they say I wasn’t on the policy if you have any more questions let me know like I said this just happened and I’m still researching for more info and since it wasn't my fault of the accident I feel they don’t have the right to suspend my license and put this 10000 on me if anything I feel I should go to court first for a hearing at least...please help
Posted: Mon Jun 07, 2010 10:53 am Post Subject:
Ok, it happened Jan 4, 2010...when did you purchase the vehicle? When did you purchase insurance for this vehicle? Do you have any insurance on it yet?
If they denied your claim and told you they found you at fault..then logic would follow that they expect you pay for the damages...
The license suspension I would assume is for driving without insurance? Did you get a notice from the state of CA? Or is this just the atty for the insurance company saying they are going to request your suspension?
Couple of things I can think of to try...You could always do a pre-(well kind of) emptive strike and quickly file a small claims action against the guy that hit you..If you can prove to a judge that he was the majority at fault you'll be off the hook..But if I'm understanding these fact of loss correctly...You were the one required to yield to him...but still worth a try.
If this has got to the state of CA..and they are threating to suspend you for no insurance...I don't know what to tell ya' on that, you were either insured or you were not...I don't know how CA handles damages with the state caused by uninsured motorist..In my state if the uninsured person is disputing that he/she is at fault, they can request an administrative hearing..If found in your favor (meaning you're not at fault) then you're cleared of that debt...still have to deal with the uninsured issue though.
Or you could always tell this law firm, 'I don't think I was at fault sue me'...then you can tell the judge your story.
Again, what about car number 3? You left the scene of an accident? Have you heard anything (as yet) from the police dept on that?
Posted: Mon Jun 07, 2010 11:57 pm Post Subject: insurance
I use to live in San Diego (I remember the OJ Simpson case. My bro-in-law works for the Attorney General's Ofiice of CA..in San Diego..,etc). CA has some VERY tough laws. As I'm reading the thread (about the SOLID green light, I DO have to say (my '2 cents'..anyway), you should have waited for the green arrow. My bro-in-law has been telling me some cases are SUPPOSE to be decided on FACTS only. But...not always the case.....some are decided on feelings instead (I think it should be FACTS that determine decisions..anywhere!!).
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