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Need to vent
Posted by: mikebw
Date: June 04, 2021 04:08PM
Just received a call from my auto insurance company about a claim from 2 years ago where I was found not at fault, and in fact I was paid for property damages to my car. There was even a witness to my credit.

Now it appears that the other driver is intending to file suit against me for some unknown (as of yet) damages, so I am waiting to be served legal papers.

My insurance has already denied the other company their attempt for a settlement since I was found not at fault. They still have the evidence I provided, as well as the contact information for the witness so hopefully they are still reachable. My insurer will provide an attorney to represent me and all I need to do is notify them when I am served.

I'm sure this happens all the time, but really feel they have NO shot at winning but who knows what shady claims they will make, it's very frustrating. Like what are they hoping to get out of it? What angle can they work to make it look like I am at fault at this point?
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Re: Need to vent
Posted by: Will Collier
Date: June 04, 2021 04:25PM
Unless you have a lot of assets, they probably aren't even actually after you. Most likely some bottom-feeder lawyer is fishing for a settlement from the insurance company to make him go away and save the money and hassle of going to court.

Abusive as hell, but you're right, it happens all day, every day.
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Re: Need to vent
Posted by: p8712
Date: June 04, 2021 04:33PM
Yeah, someone’s desperation for quick cash. You have an insurance company’s lawyer. You’ll be fine.
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Re: Need to vent
Posted by: Gareth
Date: June 04, 2021 05:18PM
Yea, had something sort of similar happen, but at least it was through small claims court. The other party didn't have insurance, so it went on my uninsured insurance, but the other party was at fault, but no way to actually prove it since it was in my pre-dashcam days (and one of the reasons I have a dashcam now).

So, of course they brought ridiculous repair estimates, medical claims, etc, etc to max out the small claims limit. My insurance sent a rep to coach me but they are not allowed to speak in small claims court. Judge immediately threw out any "pain and suffering" "bills" since you can't claim that if you don't have insurance. Then asked me if I went to see a doctor and I almost LOL'd because it was so ridiculous as the accident happened at less than 5mph (and more like idling speeds as he backed into me while trying to parallel park), so the judge threw out all the medical claims.

In the end, since there was no way to really prove fault, and small claims feels like a "move it along" experience, the judge declared it 50/50 and my insurance wrote him like a $700 check for half of his "repairs" (which could have been fixed with $30 worth of reflectors from AutoZone). My insurance declared this a "win" in the end (and actually also paid me for lost wages for taking time off of work which was unexpected).

In retrospect, I should have brought my repair bill as evidence as well, and when the judge declared it 50/50, I should have asked if I could file a counter claim for half of my bill, which would have exceeded his 50% so he would have owed me money (and then we could have called it a wash).
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Re: Need to vent
Posted by: FormerlySaleenl
Date: June 04, 2021 05:20PM
Years ago I was in an accident that was found 50/50 at fault (even though the other driver was driving on the shoulder and hit me as I got into the left turn lane). The other driver sued and was found 100% at fault and I got a check to cover my deductible. I wouldn't worry!
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Re: Need to vent
Posted by: Marc Anthony
Date: June 04, 2021 06:10PM
Judge immediately threw out any "pain and suffering" "bills" since you can't claim that if you don't have insurance.

You shouldn't be able to expect liability from others if you can't meet the required standard of having your own insurance; that person's vehicle wasn't being legally operated at the time, and the whole suit should seemingly have been discharged on that basis.

Le poète doit vivre beaucoup, vivre dans tous les sens. - Verlaine
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Re: Need to vent
Posted by: Buzz
Date: June 04, 2021 06:44PM
On my way home this afternoon, driving down a major 40mph street that has a grassy and tree planted divider, with turn cut outs every 3 or 4 blocks, that have room for two car wide to wait, so you can either go straight thru, or turn left..... There's no actual left turn lane for the cut outs, so it can be a rather abrupt stop (there are stop signs; you can't just cruise thru the intersection). Typically/common sense says, the left side is for left turns or possibly going straight thru, and the right side is for going straight thru only.

Today, westbound car #1 swings into the cut out on the right side; all the way to the right, and stops for traffic, with the nose of his car slightly past the limit line, but not infringing on eastbound traffic. Then a couple of seconds later, westbound car #2 swings into the cut out, and stops on the left side a few feet safely short of the limit line. When the eastbound traffic clears, there's a mad dash as to whom can knock the other car's front quarter panel off the best! IOW, the BMW on the right must've been looking to his right for traffic to clear enough to make a run for it, and then decided his run was gonna be to the left, not straight. No blinker, but doubt it would have mattered.

At about the same time, the Audi SUV on the left pulled up a little bit, as would be needed to turn left, or do anything other than stay where she was. Ridiculously low speed crunch, from two just stopped cars. The left front quarter panel came off the Beemer, and right front quarter panel came off the Audi. Other than the stop sign and a double line separating the N/S traffic in the cut outs, there are no other markings or signage (save the the street signs and an obvious one-way sign opposite the cut out on each side).

Who's at fault? What are the percentages? Would not want to be the insurance adjuster for those claims.... way over small claims limits. Best hope here in CA would be that they both have the same insurance company, and that they call it 50/50 so that neither driver gets dinged for an at fault accident (with damage over $1,000). Without markings or signage, the overly aggressive BMW driver can raise all sorts of questions as to fault, even though the soccer mom in the Audi has the much more defensible position.

I'm gonna keep an eye out for something about the accident on our Nextdoor neighborhood site... pretty sure somebody'll post about it. For basically a no-speed crash, the damage was impressive as heck to both cars. A couple of people stopped right away, then when I circled back a couple of minutes later, a couple more partygoers had joined the crowd. How do y'all envision this is gonna get resolved ? ? ?
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Re: Need to vent
Posted by: Don C
Date: June 04, 2021 07:51PM
My wife was stopped at an intersection to await a school bus coming off a side street. BMW circled around the school bus and struck my wife's car. He was clearly at fault on several counts. A few weeks later his insurance company informed us that not only should we pay for the repair of his car, but we should pay for his rental BMW while he awaited repairs.

My agent talked to his agent about this and she told us that she has never been so angry. Needless to say, she ultimately made his agent back off, but it was a trying conversation.

We gave our agent a bouquet of flowers for her efforts.
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Re: Need to vent
Posted by: testcase
Date: June 04, 2021 09:23PM
It's not unusual for a shady attorney to file a nuisance suit thinking that many companies will find it cheaper to pay a small sum rather that incur the higher costs of a trial.

What paying off such suits accomplishes is to encourage more small lawsuits.

angry villagers smiley
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