I need to file a counter claim to receive car rental reimbursment.
2006-12-15 02:56:47 · 9 answers · asked by Billie j 1 in Cars & Transportation ➔ Insurance & Registration
This is something that many people do not realize. Police Officers do NOT determine fault. It is actually up to the insurance adjusters to determine fault for an accident because many times it gets neogiated out. Generally you'll have comp neg/shared negligence for an accident (50/50, 70/30) and then depending on each state law, you may be entitled to collect from the other party if your negligence is less than of the other party. -- Check your applicable local laws.
A ticket that was issued definately doesn't help as the adjusters will try to use that when determining fault. Depending on who was at fault for the accident, you would need to contact that insurance company to obtain rental reimbursement. If you were at fault, you would need to contact your insurance carrier for reimbursement should you have your rental reimbursement on your policy at the time of loss.
Again, you need to check your local laws because depending on the fault that was determined, you may be barred from recovery from the other party if
1) your negligence was equal or greater than the other party
2) you contributed to negligence (1% will barr you from recovery)
Depending on the state one of those two bullets may apply. Check your local state laws or contact your insurance company and they will be able to advise you correctly.
In terms of being sued, if you had valid insurance at the time of the accident, you need to contact your insurance company immediately as they owe a duty to defend you per their policy contract.
Hope that helps.
2006-12-15 18:06:20 · answer #1 · answered by ? 2 · 0⤊ 0⤋
The citation being dismissed has little to do with it. If you got a citation, it indicates you were found to be at fault in the accident. What does the police report say regarding it? If you are at fault, and didn't pay the damages to the other person, of course they have the option of taking their claim before the court. Notify your insurance if you have not already done so.
*If* you were at fault, you have no right to claim car rental reimbursement from the other party.
2006-12-15 03:01:05 · answer #2 · answered by oklatom 7 · 0⤊ 0⤋
Getting the citation dismissed has little if anything to do with the fault finding process. If the insurance companies come to the conclusion that YOU were at fault for the accident, you won't be getting any rental reimbursement from the other party's insurance company.
If you have rental reimbursement coverage, you can get it from your own insurance company regardless of fault; your company will get reimbursed from the other party or their insurance company.
Your insurance company is required by law to defend you in any lawsuit resulting from the accident. They will likely initiate suit on your behalf if they feel that you were not culpable.
You are always free to get your own attorney and file suit yourself; consult with an attorney and see if you have a case.
2006-12-15 03:32:28 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Refer this lawsuit over to your insurance company. The will refer the matter to defense counsel. Defense counsel will enter an answer on your behalf and defend you. Just because her statement of damages is $50k, does not mean that she will be awarded that amount. The plaintiff has a pre-existing back injury. This could be in your favor. She needs to prove that this minor incident aggravated or caused a new injury. She probably has another claim pending somewhere for the first injury. Your defense attorney will subpoena all prior medical records, and they will be reviewed. Your insurance company and defense counsel will do everything possible to settle the claim within your policy limit. If for some reason they believe the claim will exceed your policy limit, they will notify you timely. At that time, you will need to hire separate counsel since your insurance company's duty to defend ends when they offer the policy limit. Contact the claims adjuster and discuss your concerns. The adjuster will explain everything to you. Just a suggestion, you might want to increase your liability limits. As you are now experiencing, minimal limits can be costly.
2016-05-24 20:23:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You should coordinate with your insurance carrier for defense of your claim, related expenses and potentially a rental car. They should be able to assess whether or not to pursue a claim against the other driver or just pay the claim. Is your insurer willing to sue to recover? If they think you have a claim, then they will go after them for damages.
2006-12-15 03:05:39 · answer #5 · answered by Darth Plagueis 3 · 0⤊ 0⤋
If the citation was dismissed, then you should be able to take the other person involved to Small Claims to get your rental car money reimbursed...unless you want to fight it in the same court they are taking you to...then file a counterclaim.
2006-12-15 03:00:27 · answer #6 · answered by Bobbie 3 · 0⤊ 1⤋
Ok, there's not enough information here to answer your question. Actually, there was no question asked, so please add if you can, what you want to know. Are you sure you're being sued, or is the other person just making a claim against your insurance?
2006-12-15 10:54:37 · answer #7 · answered by Chris 5 · 1⤊ 0⤋
if you ****** up then pay it and go on... otherwise you are a twit to think you can lie your way around the law. if it wasn't your fault then you must go punch the lieing piece of crap in the face and as you pay the fine for assault you'll feel much better...
2006-12-15 03:02:42 · answer #8 · answered by Anonymous · 0⤊ 3⤋
who fault was it did you have insurance and what was the ticket for please update for us to answer
2006-12-15 05:51:49 · answer #9 · answered by Anonymous · 0⤊ 0⤋