A couple months ago, my mom was wrongly accused in a car accident in California, a couple days before she was supposed to go on vacation. My mom had my two little nephews in the car & had already backed out the car & was in drive position already. This young girl came speeding down the street in a residential area & she was on her cell phone & completely not paying attention to the road. The police arrived after my mom had pulled her car up to our driveway and immediately assumed that it was her fault since she was backing out. Since her English isn’t good she couldn’t really say what she wanted to the police officer. She gave a statement to our Farmers adjustor before she left & he called back when she was on vacation.
2006-10-09 18:50:14 · 5 answers · asked by liz 2 in Cars & Transportation ➔ Insurance & Registration
I didn't really know what happened so I asked the adjustor to talk to our insurance agent. My insurance agent actually got into an argument with the adjustor. Then our adjustor just sent us a letter the next day saying how it was my mom's fault. I felt like he wasn't even on our side. Now her insurance is going to double but it’s not even her fault! I will never recommend farmers to anyone else. What can she do? I've heard that getting a lawyer won't help either. Any lawyers out there?
2006-10-09 18:50:46 · update #1
Now I just found out that the San Jose Police Officer at the accident was a "friend" of the other party.
2006-10-09 20:35:02 · update #2
As soon as your mother moved the car, she lost the ability to prove her case. They could only assume her as backing out and at fault once she did that. She should have left the vehicle right where it was when it got hit, and that would have been on the police report. I'm sorry, but it looks like she will have to let her insurance pay for this one, and learn from the experience. If it ever happens again, she will know NOT to move until the police arrive.
2006-10-16 07:45:54 · answer #1 · answered by oklatom 7 · 0⤊ 0⤋
First of all, agents sell policies, they don't handle claims and they don't know how to do a liability investigation. Sure, they're friendly down home local people who try to help, but their job is not to make liability decisions. I have had so many run-ins with agents who had no clue that it's not even funny. They should stick to what they do best, selling and collecting money.
Secondly, your mom's insurance had to have investigated the loss and the preponderance of evidence had to be against her for them to pay. They wouldn't just pay because of a language barrier or because it was easier to pay it. If she backed out and was not established on the road for any period of time that would establish her right of way over the other person's, then that's probably why they paid it. The police don't investigate liability. The police report is helpful to an investigation, but looking at cars and taking statements are also crucial parts. So don't let the fact that the cop knew the other person make you think that's why they paid. They should be able to tell you exactly what evidence made them decide to pay it. If they do that, and you just don't want to accept it, that's fine too. Many a person has gone to his grave swearing it was not his fault even when the evidence proved to the contrary.
The bottom line is your mom has a contract with them that says they will pay for losses for which she becomes legally liable. They have a right under the contract to do that. It does not say in the contract that she has to like it.
2006-10-10 12:17:55 · answer #2 · answered by Chris 5 · 0⤊ 0⤋
Not enough details to say whos at fault. If the car was in drive, and she was hit from behind, then its the girls fault all the way. get a lawyer, from what you told me it sounds like the insurance agent is taking advantage of the fact that your mom speaks poor english.
2006-10-09 19:04:46 · answer #3 · answered by diamond_joe1979 3 · 0⤊ 0⤋
i'm not a lawyer, but you need one.
those insurance companies are all scam artists, they take your money every month but when **** hits the fan, they are nowhere to be found.
insurance companies try to snowball you into admitting stuff that you didn't do or say.
you need to be very careful what you say and what you sign.
2006-10-09 20:15:07 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer and take it to court. Discrimination and favoritism appear apparent in this incident.
2006-10-14 03:27:18 · answer #5 · answered by cmpbush 4 · 0⤊ 0⤋