by Guest » Mon Feb 28, 2011 04:13 pm
Hi, in mid January my cousin's car was hit by another driver who lost control over his car due to speeding and, also due to ice and snow on the road. The other driver's car hit the snow piled on the street, rebounded and hit my cousin's car on the passenger side. The other driver tried to leave the scene but was blocked by other people. The other driver came out and apologized to my cousin for hitting her car, recognized his fault and stated that his insurance will pay for the damage to my cousin's car.
The police was called. While my cousin was trying to talk to the police, the other driver was still apologizing for hitting her car. The police sent him away. The police asked her what happened and where she was coming from. My cousin told the police: I was inside my friend's driveway. Another friend whose car was also in the driveway, came out to the street to make make sure that no cars were coming and told her to come out of the driveway since there were no cars. My cousin got out and got her car straight. Her friend then went to her car in the driveway, and started to drive out. At that moment, my cousin who had been outside the driveway for about one or two minutes started to move forward. That's when the other driver came speeding, hit the snow that was passed the driveway and hit my cousin's car on the passenger side. The collision happened about a car's length pass the driveway.
The next day my cousin called her insurance. She speaks very little English but she managed to talk to somebody who spoke Spanish and informed about the accident. She requested that since she had problems speaking English if she can be contacted by somebody who speaks Spanish or with a translator.
Last week I had time to assist her and with her I called the other driver's insurance on her behalf. I was told that her insurance had recognized 80% of blame on her and that she had to contact her insurance. I called her insurance and the adjuster informed me the same, that she was at fault because she did not have right of way coming out of the driveway. I explained to the adjuster that since my cousin had already her car out, made it in a straight position and already driving forward, any car coming behind did not have right of way. Then the adjuster asked why my cousin had waited a month to contact her. I told the adjuster that my cousin did call her insurance and also almost every week but was transferred to different departments and never had the chance to talk to anybody again. Then the adjuster said that since it has been settled with the other insurance nothing can be done. Is this true? Is there a way to have this reopen and investigated?
I think that because my cousin's insurance already accepted blame, she can not get her car repaired by the other driver's insurance.
Can she sue her own insurance because the insurance made a decision without giving her the opportunity to give them her version of the events? She never received a letter from her own insurance. Is this a case of misrepresentation? By the way, this happened in New Jersey.
The police was called. While my cousin was trying to talk to the police, the other driver was still apologizing for hitting her car. The police sent him away. The police asked her what happened and where she was coming from. My cousin told the police: I was inside my friend's driveway. Another friend whose car was also in the driveway, came out to the street to make make sure that no cars were coming and told her to come out of the driveway since there were no cars. My cousin got out and got her car straight. Her friend then went to her car in the driveway, and started to drive out. At that moment, my cousin who had been outside the driveway for about one or two minutes started to move forward. That's when the other driver came speeding, hit the snow that was passed the driveway and hit my cousin's car on the passenger side. The collision happened about a car's length pass the driveway.
The next day my cousin called her insurance. She speaks very little English but she managed to talk to somebody who spoke Spanish and informed about the accident. She requested that since she had problems speaking English if she can be contacted by somebody who speaks Spanish or with a translator.
Last week I had time to assist her and with her I called the other driver's insurance on her behalf. I was told that her insurance had recognized 80% of blame on her and that she had to contact her insurance. I called her insurance and the adjuster informed me the same, that she was at fault because she did not have right of way coming out of the driveway. I explained to the adjuster that since my cousin had already her car out, made it in a straight position and already driving forward, any car coming behind did not have right of way. Then the adjuster asked why my cousin had waited a month to contact her. I told the adjuster that my cousin did call her insurance and also almost every week but was transferred to different departments and never had the chance to talk to anybody again. Then the adjuster said that since it has been settled with the other insurance nothing can be done. Is this true? Is there a way to have this reopen and investigated?
I think that because my cousin's insurance already accepted blame, she can not get her car repaired by the other driver's insurance.
Can she sue her own insurance because the insurance made a decision without giving her the opportunity to give them her version of the events? She never received a letter from her own insurance. Is this a case of misrepresentation? By the way, this happened in New Jersey.
Posted: Tue Mar 01, 2011 07:09 am Post Subject:
Did you go through the police report? Did your friend collect the contact information of all the witnesses to this accident? Did she take any pictures of the cars involved?
Posted: Wed Mar 02, 2011 10:40 pm Post Subject:
Thanks for your comments..
To my cousin's surprise, the police report did not include everything that she told the police and what the other driver stated at that moment. Her testimony was reduced to “driver one stated exiting driveway, got it out in the straight position and started moving forward when driver two came and hit her car on the rear. Driver 2 states that driver 1 exited driveway and caused him to hit her car on the rear.” The report also included the name of witnesses. According to what my cousin was told last week, one of the reasons, the statement by driver 2 was considered by both insurance companies is that there were witnesses. But the problem with this is that the witnesses actually corroborate my cousin’s testimony not the other driver’s. My cousin told them that. But she was told that she was still at fault because she did not have right of way.
I called her insurance on Monday requesting to talk to a claim supervisor or a manager to complain that the insurance did not investigate the events properly. My name was taken but since it was late I did not get a call back until yesterday. The lady I talked to was very polite. I asked why my cousin was not contacted at any time in order to clarify the situation. She acknowledged that they never called her. I was told that because of the other driver statement and the damage to my cousin’s car was on the passenger side they agreed with the other driver’s insurance that my cousin was hit while coming out of the driveway. I do not see anything wrong with their perception of things and I do not think that my cousin’s insurance acted illegally but to me her insurance accepted things too easily. They could have been more competent. I have not seen the other car or pictures of the damage to the other car but I asked where was the damage to the other car. I was told that on the left near the front. I told the lady that it does not appear to be a collision that backs what the other driver stated. Then I told her that one of the witnesses, actually the main witness, who is the lady who was coming out of the driveway when the other driver hit my cousin’s car is writing a letter that is going to be notarized. The letter will contain in detail what she saw and did. The witness has informed that she is willing to give her testimony in court too. The insurance representative has agreed to review the letter but gave not assurance that the previous decision can be reversed. I am going to write a letter too asking for them to review more closely the damage to both car.
My cousin is optimistic now that this can be resolved and is meeting with a lawyer tomorrow but I am telling her that it is going to be hard by the way my conversation went with her insurance and also because she has limits on the insurance she choose. She gave her honest account but the mention of the driveway, even though it was actually secondary, it happened earlier worked against her and the other driver changed his version to the police. The police had my cousin to leave after she gave her story. The other driver stayed with the police.
I do not think anymore about what I wrote initially, suing her insurance company, they did not do anything wrong, legally, they were just not competent enough in my opinion.
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