It was the other person's fault, but now the insurance from the other guy says they will only pay 85% of the damage because we didnt file a police report and we have conflicting stories. Its kind of odd, you would think they would pay all or none. what you guys think?
2006-07-15 14:40:28 · 14 answers · asked by Brett C 1 in Cars & Transportation ➔ Insurance & Registration
Well you should have filed a report.
2006-07-15 14:43:51 · answer #1 · answered by nighthawk_842003 6 · 0⤊ 0⤋
Well I know from experience that this is common, I got into an accident and it was the other persons fault and we didn't file a police report and I was only paid 75% of the damage. I too thought this was wrong and asked for the companies policy and it stated clearly that that was all that I would be paid. What I would do is see if there is still time to file a police report and if not ask for the drivers policy and see if that what it states. I'm not sure what state your in and all states have different policies so I would definately check that out, if it doesn't state that thats all they will pay then I would bring the company or the driver to court for the remaining 15%.
I hope all works out for the best!!!
2006-07-15 21:49:22 · answer #2 · answered by kljamison80 2 · 0⤊ 0⤋
Depending on the laws in your state, police might not be required to respond to an accident if both vehicles are driveable and there were no injuries. Having said that, it is always a good practice to call the police and try for a report on the accident. Next, what does you insurance company say? I can speak with experience, my insurance company has instructed me to bill them, they will act as an agent with the other insurance company to collect any money, other than settlements for missed work and personal injury. Sometimes it pays not to go with the cheapest quote. As for your situation, hopefully you have pictures, possibly witnesses, that you can use in court. Yep, I am betting that the insurance company for the other guy is trying to get off cheap. It is really up to you on what you do and what your time is worth. Good Luck!!
2006-07-15 21:58:13 · answer #3 · answered by sfcjcl 5 · 0⤊ 0⤋
I has an accident back in 95. I was on my motorcycle when I was hit while stopped at a red light. Yes I got hit in the rear. NO POLICE report and the guys insurance company started to play games with me on the damage amount they wanted to pay. So I asked one question. I asked the Adjuster, what doctor he wanted me to go see. When he asked what I meant by that, I then told him that his client HIT ME in the REAR END, when I WAS STOPPED for a RED LIGHT. And since then I have been having some pain in my back and neck. BUT I wanted my bike FIXED and nothing else. BUT if he wanted to play games then I would need to seek medical for my back and neck. I HAD a check before the week was finished and I GOT MORE than the amount of the damage. NOT a big bunch more it was like $50.00 more. BUT hey I ain't gonna complain.
2006-07-15 21:48:21 · answer #4 · answered by GRUMPY 7 · 0⤊ 0⤋
It's right as rain. They are not only paying 85% BECAUSE there is not a police report. They are paying 85% because they feel you are partially liable for the accident. NOT to blame, but liable. NOT responsible, but liable. Without an accident or police report there is no way to refute this, no way to PROVE your claim. You obvioulsy live in a state with comparative negligence. Feel glad it's not contributory negligence. In a state with the later if anyone is found 1% liable they get nada.
2006-07-16 00:03:29 · answer #5 · answered by StarrLite 2 · 0⤊ 0⤋
If it is clear that it was the other person's fault, his insurance is required by law to pay for 100% of the damage to your vehicle............up to the vehicles value. you as the owner of the car can still file a police report. If you have good insurance, the will fight with you as well. Mine does, I have been in this situation before. His insurance is trying to get out of it as cheap as they can, If they keep jerking you around, consult the advice of a lawyer.
2006-07-15 21:47:20 · answer #6 · answered by bobby 6 · 0⤊ 0⤋
Now listen since its the other person's fault their insurance must pay all of the damage it does not mader if a police report was done or not. i am prosuming there was no airbag deployment and because of that you did not have to police report. if they insurance still does not pay 100% then you sould get an attorney and sue.
2006-07-16 00:22:05 · answer #7 · answered by Anonymous · 0⤊ 0⤋
check with your insurance agent and get advice. Of course, you could sue but that would cost plenty. Threaten them with an injury. Your neck and back hurt, however, you will have to have this confirmed by a doctor. You may have to settle for the 85% and that insurance company is counting on it.
2006-07-15 21:47:21 · answer #8 · answered by wunderkind 4 · 0⤊ 0⤋
The insurance has to play it safe because they is no proof. It is your word against theirs. If you filed the police report then you would have someone to back you up.
2006-07-15 21:44:56 · answer #9 · answered by Anonymous · 0⤊ 0⤋
be honest when you file a police report but when you do, call an attorney www.pre-paidlegal.com and tell them you were referred by member number 10064460149
2006-07-15 21:47:39 · answer #10 · answered by Mark 6 · 0⤊ 0⤋