A car funs a stop sign and hits me. The man doesn't even stop, but when the police man comes he tells me that he will not give the man a ticked because he is an older gentleman with nothing on his record. The man ran the stop sign... So now am I going to be stuck paying my deductible because he didn't receive a ticket. He is obviously at fault.
2006-09-27 17:02:34 · 9 answers · asked by Nick 2 in Cars & Transportation ➔ Insurance & Registration
Doofus...just because he didn't get a ticket does NOT mean he is not guilty. I think you heard what you wanted to hear from the cop. Unless he SAW the accident it is not up to him to determine who is at fault, though his input is used along with statements from the drivers and witnesses to determine liability. If he has insurance contact them and make a claim for damages. If they stall -- contact yours. Then you can let your adjuster(s) hash it out. If you use your collision you will be paying the deductible, although your company may be able to recover it through subrogation and reinburse you later.
PS -- to the idiot that wants you to run to a lawyer -- forget it. It will only cost you a bundle of cash.
2006-09-27 17:04:23 · answer #1 · answered by Anonymous · 3⤊ 0⤋
In my small little life the one thing I can boast about is knowing about insurance. And I have had to explain about a million times to people that liability investigations done by insurance companies are not in any way connected with investigations done by the cops. TICKETS DON'T MATTER!
You can do two things. You can file directly against his insurance company for your damages. They will investigate and determine if they will pay for your damages. The investigation will involve taking your statement, the other person's statement, seeing vehicles, getting the police report, and talking to witnesses if any. They may even investigate the scene (if they're really good). If they determine the evidence shows they owe the claim they will pay you. They will not base this decision off whether a ticket was given. If they do, they are bad!
If you are not able to do that, or their investigation takes a while, you can file through your carrier and yes, you pay your deductible. Not because of the no ticket thing, but because it's WHAT YOU SELECTED WHEN YOU BOUGHT YOUR POLICY REGARDLESS OF FAULT! They will do the same investigation and if they feel the evidence supports you they will try to get the $ back including your deductible from the other person.
Now, go tell all your friends that a police officer doesn't make liability decisions and that tickets don't determine who is at fault for an accident. If everyone knows then maybe we can make a difference!
2006-09-28 18:15:37 · answer #2 · answered by Chris 5 · 1⤊ 0⤋
Take him to court. He caused it and therefore he should pay the deductable. There is a first for everything. I'm sure he would arrest someone for possesion of drugs even if there was nothing on their record. Or if it had been a 16 year old kid that had hit you, he probably would have ticketed him. I think thats crap. He should have to pay and have his license yanked. If he can't see the signs then he is a hazard to the community. He was at fault and therefore he should have to pay. Maybe seek advice from a lawyer for a small fee. Or you could call one of those TV lawyers. I know someone that got a major settlement through one of those. Either way his insurance should pay to fix it and yours shouldn't go up. But with a ticket issued, the report may state that nobody was at fault and therefore leaving your insurance to fix it. And on top of that go up because of it. Even though it was not your fault. Good luck I hope it turns out for the better.
2006-09-28 00:09:34 · answer #3 · answered by fast_bird94 3 · 0⤊ 2⤋
Take lots of pictures, gather your police report, estimates for repair (several) and file a claim in small claims court. You will have to go this route to get your deductible and medical bills.
2006-09-28 15:28:26 · answer #4 · answered by country girl 5 · 0⤊ 0⤋
What ***-backwards part of the country did this happen in? I can hardly believe a cop not citing somebody for running a stop and hitting you.
2006-10-01 19:47:03 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Your insurance will contact his insurance and make them pay. It is in their best interest to make someone else pay. If it cost you, it costs your insurance company too. Neither of you want that! If he doesn't have insurance, that's where your uninsured motorist incurance kicks in.
2006-09-28 00:15:24 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Pressure your insurance company to do something about it, it's in their best interest to do something since his insurace should be paying for your damages, not yours.
His age and record are irrelevant.
2006-09-28 00:05:22 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Take him to small claims court. He would not have to pay your deductable without going to court even if he was ticketed.
2006-09-28 00:05:18 · answer #8 · answered by Parrot Bay 4 · 0⤊ 3⤋
Get in touch with your agent. If you got a ticket, it will be tought to prove, but maybe your insurance co. will get his compant to pay if you reciprocate.
2006-09-28 00:04:52 · answer #9 · answered by Anonymous · 0⤊ 2⤋