In MN~ I got rear ended by a young girl and it was totally her fault. I now need my bumper fixed (estimate $820). Insurance company they have said they might not pay for the bumper to get fixed because the girl now claims it wasnt her fault and it was a brake malfunction. Her car is being looked at right now to see what happened.
The girls father is also a mechanic (so I am worried he could easily fudge with the car and make it look like a malfunctin). Is there anything I can do if the insurance company says they wont pay? Does the girl and her dad have to pay anything?? Because if not then i am stuck with a huge bent-in bumper which i will have to pay for even though its not my fault. Help I need advice!
2006-07-18 09:10:24 · 13 answers · asked by Amanda H 1 in Cars & Transportation ➔ Insurance & Registration
Your insurance company should be fighting this battle, since either your insurance company or hers will be paying, and yours will (rightfully) feel quite certain they shouldn't be paying.
Just because her brakes failed (if they did) doesn't mean she/her insurance won't end up paying. When you rear end someone, that's pretty much always your fault. If she was following at a safe distance, she could have swerved around you for example.
2006-07-18 09:16:16 · answer #1 · answered by dpawson 4 · 0⤊ 1⤋
Generally that is the case, but some insurance companies can argue wether, or not you were traveling at a safe distance, or not. Its dumb I know because even if you were there is still the chance of being pushed into the other driver in front of you, from the impact of the driver that rearended you. The reason theyr'e only paying 30% is because there driver is not 100% liable, he hit you, but didn't cause the accident.. Most likely your gonna have to except what ever payment they offer, and then file on your own collision policy with your insurance. Maybe the adj from there can offer some info on how to get full payout, but most likely not.. Otherwise you can try a lawyer, but a lot of lawyers don't like to touch car accidents unless there is personal injury, and there not miracle workers... Just cause you hire a lawyer doesn't mean the insurance compay is gonna spit out full payment.. They have lawyers two, and most likely more than one for these types of situations... Good Luck, Oh, and filing on your own insurance doesn't exactly mean your rates will go up...
2016-03-26 22:59:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you have collision coverage, use it! You will have to pay a deductible but your insurance company will work to collect the money for repairs and reimburse your deductible.
If you don't have collision coverage, pay for your repairs and file small claims against the other driver. Her insurance company will then be forced to defend her but they know they can't win. Faulty brakes are extremely hard to prove and I am 99.9% sure her insurance company will give up and just pay. Insurance companies are a business and they want to close claims as soon as possible to minimize costs. It'll cost them thousands to fight a case they can't win so they'll much rather pay $820 and be done with it.
If it does go to small claims, the judge will only be annoyed and will think the other driver is blaming it on the brakes. Even if they can prove something is wrong with the brakes, the driver will still be found liable for either not properly maintaining the brakes or knowingly driving a defective vehicle.
2006-07-19 06:56:44 · answer #3 · answered by mikeygp4 2 · 0⤊ 0⤋
It does not matter if there is a mechanical problem, or a problem with the nut behind the wheel, the vehicle that struck you in the rear is at fault, and the owner and driver are liable for the damages.
The only exception to this rule is when a vehicle is struck from the rear, and pushed into the car ahead of it. In that case, the original striking vehicle is liable for the damages to all cars in the chain reaction!
2006-07-18 09:49:16 · answer #4 · answered by fire4511 7 · 0⤊ 0⤋
ANY, ANY, driver that rear ends the car in front is at fault.
I. Safe operability and mechanical safety are the owners responsibility.
2. Every driver is responsible to have control of ones vehicle at all times. Most are caused by too little space between cars.
If her ins. co. refuses, you can have your car repaired through your ins., and bear the deductible,
but still file a law suit against her ins. co. and her personally.
Brakes or no brakes have no bearing to exonerate her.
Your ins. co. should be supporting you. No judge or jury can deny the above description of the law.
2006-07-18 09:26:18 · answer #5 · answered by ed 7 · 0⤊ 0⤋
Brake failure does NOT negate her responsiblity for the collision. This is tried over and over by motorists to no avail. If the vehicle that hit yours does indeed have a defect her ins co will subrogate against the manufacturer for recovery. Unless someone else pushed her into you, you will most likley recover for all damages from her company.
2006-07-18 15:29:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
She is at fault and her company should pay. Contact your company and inform them of the issue. If your company ends up paying the claim, they will do whatever needed to get the money back out of her company.
good luck!
2006-07-18 14:48:27 · answer #7 · answered by Nysa 3 · 0⤊ 0⤋
Doesn't matter why she hit you, she is at fault and you need to be compensated for your loss. She owes and should pay. Whether or not the insurance compensates her for that is not your concern, the insurance isn't paying you, she is. If she doesn't take care of her obligation, take her to court. Your insurance company should be assisting you here.
2006-07-18 10:18:39 · answer #8 · answered by oklatom 7 · 0⤊ 0⤋
Mention to her insurance company that you will need to have a complete physical examination as you may have neck and back injuries. If they still balk, consult a personal injury attorney. His consultation will be free and you may learn quite a lot.
2006-07-18 11:32:53 · answer #9 · answered by cwagley@sbcglobal.net 2 · 0⤊ 0⤋
Didn't you hurt your back
get a Lawyer
They are trying to screw you so do it back to quite the situation down
2006-07-18 09:16:04 · answer #10 · answered by Vulcan 1 5 · 0⤊ 0⤋