This buisness truck hit me and totaled my car, i've been in therapy for 2 months. The guy has offered me 1, 000 dollars for my car and everything! His lawyer has been trying to settle with me but i wont settle until atleast my medical is paid for and my doctor bills. Now my problem is i tried to file a claim with the guys insurance and they said they could'nt because the guy doesnt want to file a claim. Do he have that option if he failing to pay?Now i had a lawyer but he dropped me because he the guy doesnt have alot fo money. So basically my problem is this im wondering does this actually have the option of filing on his insurance or not?
2006-07-06 10:23:52 · 23 answers · asked by Kristi A 4 in Politics & Government ➔ Law & Ethics
Because at first his insurance was very nice willing to settle and everything but when they contacted the guy he said he doesnt want to file. So then they told me no.
2006-07-06 10:24:45 · update #1
I have all the guys insurance information.
2006-07-06 10:28:23 · update #2
okay people i dont have any insurance.....i know i know its bad. Im sorry.
2006-07-06 10:30:42 · update #3
The lawyer dropped me because he said the guy didnt have any insurance. But once the lawyer dropped me and i was allowed to talk to people i called the detectives at the police station and they gave me the guys insurance information.
2006-07-06 10:41:37 · update #4
THIS IS THE BEST ANSWER - SO READ!!!
My dad has 30 years in the insurance business - here is what he told me.
The insured's (person who hit you) agent is refusing to file with the insurance company because the insured is telling the agent not to file a claim. Go straight to the insurance company (claims office or headquarters) and bypass the agent. Fax them a copy of the police report, medical bills, insured's name, phone, address - everything you have. Let them know that you expect to be compensated for the vehicle and your medical bills (now and future is acceptable for your injury relating to accident). Be sure to consult your physician on future needs.
Now - if you want to be paid for your losses - then don't go ambulance chasing. Insurance companies are financially responsible for the actions of their insured!!!! Don't give up - they know they are responsible but they think you will go away. If you ask for what is reasonable in this circumstance they would rather pay you than face a civil settlement which includes all of your attorneys fees - trust me!
Best wishes and good luck!
PS They will send an adjuster to do the estimate and value of your vehicle.... however, you are NOT represented - so do your own due dilligence with the proper paperwork. Know how much your vehicle was worth before the accident - through kelly blue book online, etc. Call a collison company for a free estimate the on repairs - you may not really be totaled. If the repairs bring your car back to its original condition, you could be better off from a "worth" prospective then accepting a check and getting another vehicle with higher payments. Do your homework!
2006-07-06 10:47:12 · answer #1 · answered by Genie 3 · 1⤊ 0⤋
If you do not have any insurance you are left with dealing with this other driver directly since he is not willing to file a claim with his insurance company.
You are forced to document your damages by: taking photos of the damaged vehicle, getting repair estimates, get an appraisal or doing comparison shopping on the Internet what your vehicle is worth, gather your medical bills. Then taking this guy to small claims court and filing a cause of action against him. Of course you will have to prove the other driver was at fault and any witnesses and or police accident report will help support this.
I'm sorry for the attorney dropping your case but there is a reason why insurance is required and now your know just one reason why.
I've worked in insurance claims for over 17 yrs and these kind of issues are what I'm paid to deal with. Get insurance or start taking the bus or cabs as it is your duty not a right to drive with financial responsibility.
2006-07-06 11:36:58 · answer #2 · answered by Kamikazeâ?ºKid 5 · 0⤊ 0⤋
absolutely you have a case. However, you are required to act in a timely manner and if you don't, they may no longer be liable. The laws are different in other states so how long you have depends on where you live. Everyone is right though, let your insurance company handle this. You have an accident report right? Once they get their hands on it, they will do the hard work.
2006-07-06 10:31:18 · answer #3 · answered by zmonte 3 · 0⤊ 0⤋
Sounds fishy. Contact your insurance company and see what they say. You should get a real lawyer and not one of those that prey on people for fradulent claims. He does not have the choice of filing a claim, there should also be a police report if there was damage and injuries. Sounds really fishy..
2006-07-06 10:29:57 · answer #4 · answered by Snuffy Smith 5 · 0⤊ 0⤋
If you go their insurance inforamtion when they hit you then take their insurance information to your insurance company and you insurance agent will take care of it. It's some kind of way your insurance agent gets in touch with their insurance co. and makes them pay for it.
2006-07-06 10:27:38 · answer #5 · answered by xblackxtigerx 2 · 0⤊ 0⤋
Try to find another lawyer. The business has assets which can be attached and sold to satisfy a judgment. If you cant get lawyer call court clerk and ask about small claims court. Usually you are limited in how much you can seek, but it does force the other driver to turn it over to his insuror. If he doesnt, the insurance company may still be liable up to any state mandated liabilty coverage.
2006-07-06 10:50:15 · answer #6 · answered by Unknown Oscillator 3 · 0⤊ 0⤋
File it with your insurance. Your insurance will pay for the bills and then they will sue his insurance company to reclaim the money. You may have to pay your deductible, but when they win, you'll get it back. Same thing happened to me.
2006-07-06 10:26:43 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you file a claim his insurance has to pay.If he hasn't got enough insurance,take him to court.There are plenty of lawyers in the phone book under personal injury lawyers.
2006-07-06 10:28:07 · answer #8 · answered by David S 4 · 0⤊ 0⤋
If you didn't get the guy's information, you have to file under your own insurance as "uninsured driver". All you have to do is give your insurance company the guy's tag or name and you've got a case. They should handle it for you.
2006-07-06 10:26:19 · answer #9 · answered by Rockstar 6 · 0⤊ 0⤋
Call your insurance co. as soon as you can after the incident. If they insurance co. cannot settle for whatever reasons, take the person to small claims court.
File a police report on the incident.
2006-07-06 10:29:33 · answer #10 · answered by Nana 6 · 0⤊ 0⤋