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recently was involved in an accident involving three cars. we were stopped bihind a car, another pickup with a loaded car trailer smashed us in the rear pushing us in the car in front of us. we were knocked across two lanes of oncoming traffic nearly being hit again. now this EMC insurance company is saying that we hit the car in front of us before we were struck, toalting out my pickup as a result. and they feel that they only owe for the diffrence in the salvage value on my pickup. if that was the way it happened they would be right, however we didn't hit the car we were pushed into it. why do insurance companies try to screw honest people? and yes there were minor personal injuries. i would advise no one buys EMC insurance they are a bunch of damn crooks.

2007-01-24 07:37:26 · 13 answers · asked by natallbad 4 in Cars & Transportation Insurance & Registration

we were compleatly stopped

2007-01-24 07:59:08 · update #1

EMC isn't my company

2007-01-24 08:02:32 · update #2

they say they have witness. the police report says our vehicle was stopped.

2007-01-24 08:08:09 · update #3

listen mister smart *** adjuster i am telling you my vehicle was stationary at the time of the accident. how can you live with your self running around trying to screw people.if i was in the wrong i would want my company to pay that is why i have insurance. if i had a claim and found out my company screwed the other person i would drop them.

2007-01-24 10:58:51 · update #4

and you are right i am the victim. want no more than i have comming. i am not trying to make money on the deal. just want paid for my truck some prick smashed.

2007-01-24 11:08:10 · update #5

EMC paid for the front car $2354.00 for a 1989 chevy corsica bet she is happy. if i hit it why are they paying for it

2007-01-24 11:15:59 · update #6

13 answers

Best way is to turn it over to your insurance company. They have a legal obligation to defend you when you become the defendant. Tell the other ins co that you had coverage and to contact your insurance company. Then hang up. That is what you paid the monthly ins premiums for.

2007-01-25 06:46:54 · answer #1 · answered by Jody D 6 · 0 0

Shibi is absolutely correct.

Get an attorney that isn't working for the insurance company. You may also need an accident reconstructionist on your side. When you sue don't forget the attorney's fees, court costs and all the mental anguish they are causing you. While you are suing, don't forget the insurance company and/or the guy that hit you.

One more thing, EMC may try to black list you making the acquisition of insurance from another company more difficult. Mention this concern to your attorney, s/he may be able to get some sort of court order to protect you.

FYI, I carry AAA insurance. It ain't cheap but it is always there when I need it. And, Good Luck I hope you end up owning EMC. Some of these damned insurance companies give everybody a bad time, except when they are paying your premiums.

Honestly, things like this make me sorry I didn't go to law school when I was younger. I think I would loved tearing some of these operations a new ash hole.

2007-01-24 07:58:05 · answer #2 · answered by gimpalomg 7 · 0 2

If I understand you correctly the car that rear ended you wants to pay you difference in the salvage value on your truck, and that you rear ended the front car and then HE rear ended you. First, I don't completely understand the "difference in the salvage value on your truck," but that's not important right now.

Here's the deal, the rear cars insurance company is standing behind their insured unless YOU can prove the accident happened the way you say. YOUR insurance company, assuming you have insurance or collision coverage, will stand behind YOUR version of loss and if YOUR insurance company paid for your repairs they will subrogate the rear cars insurance.
But here's what DOESN'T make sense...the rear cars insurance paid for the front cars damages? They can't pick and choose who they pay. If they paid the front car, that implies the rear car is at fault for ALL damages. So how can they be at fault for the front car and NOT AT FAULT for your car??? Regardless, the rear car is at fault plan & simple no matter WHOSE version of loss EMC believes. Their driver was following too close to your car.

Now, back to the salvage value....it sounds like you may not understand what they are wanting to pay. It sounds like your vehicle is a total loss, you want to keep your vehicle, and they are paying you for your total loss LESS the salvage amount. In essence, you are buying you vehicle back from EMC, which they legally can do. And this is completely legal and NO YOU ARE NOT BEING SCREWED.

2007-01-24 15:02:32 · answer #3 · answered by bundysmom 6 · 2 0

If you where not moving and fully stopped when you where struck. Generally the at-fault party is responsible for damages to all other vehicles involved.

If you where moving even the slightest, you can be responsible for the damage to the car in front of you.

Try and see if the police report can help or if you have witnesses. The insurance company can investigate on their own. If I where you try and give them all the facts. If you still feel that there is no resolution, you always have the option of contacting a lawyer.

2007-01-24 07:45:55 · answer #4 · answered by vmeyester76 2 · 0 0

Well, they may be correct. It wouldn't matter if you drove, or were pushed into the car in front of you in some states, you would be responsible for damages to that vehicle. Let's say there were 5 cars, car 5 hits and there is a chain reaction of all of them. Car 5 wouldn't be responsible for the damages to all the cars, but only the one he hit. 4 would be responsible for 3, 3 for 2, 2 for 1, and one would have no fault at all being in the front of the line. Although stopped, you were not stopped at enough distance to avoid an accident. Generally you have to stop far enough back that you can see the rear tires of the vehicle in front of you, that will leave space enough to stop or turn if you are hit.

EMC is not a "bunch of damn crooks", they are looking out for the interests of their client, just as your insurance company should be looking out for yours, and your insurance company would be the best source of advice for you, not an attorney nor an accident reconstruction firm. You may have an obligation to the car you hit which your insurance would be paying for..

It may be different for you if you are in a no fault state.

2007-01-24 08:32:48 · answer #5 · answered by oklatom 7 · 0 1

So tell me Mister Know-it-all... did the police who wrote the report WITNESS the accident happen? DId he actually see the car hit you and be pushed into the vehicle in front? Then how on earth does the police officer know? and why should they go off the police report.

People crack me up... insurance "trying to screw them over" Dont you get it?! Insurance needs PROOF of the facts of loss that you state happened... what if you were the back driver? Wouldnt you want your insurance to side with you if there was no proof otherwise?

If your smart youll go through your collision coverage and let them handle the other insurance and try to get your deductible back. And in the future... why dont you THINK about why things happen instead of thinking the "world is out to get you" and "people are trying to screw you over" Its amazing how people think they can just tell the insurance company what happened and that be it. Then anyone off the street could get money...

p.s... to reiterate how WRONG all these other answers are.. insurance does not go off police reports alone... and unless you find an attorney that witnessed the accident... they cant do a thing about liability. Educate yourselves before you answer.

*** EDIT ****
wow- anger issues much?

I live with myself and am fulfilled by my job because everyday i try to make what is a horrible situation as easy as possible for customers. I am thrilled when i get to pay an innocent victims damages when our insured is at fault. I love when someone who has another insurance company tells me how easy i made a hard situation. It's jerks like you that make my job a living h*ll.

How can i live with myself for "Screwing people over?" well they certainly dont teach us in training that our job is to screw people over..

our job is to investigate... and determine liability. Your telling me that just b/c YOU are telling everyone that your car was still that EVERYONE should believe you? are you god? Obviously the other driver is saying the opposite. That makes it word vs. word... so how exactly am i screwing someone over by not siding with one person or the other when i have no evidence? are you even thinking about how dumb what you are saying sounds?

my advice... find a psychologist. you have a serious issue.

2007-01-24 10:31:49 · answer #6 · answered by Anonymous · 2 1

Lots of idiots answering here today.
First: how do we know you are telling the truth? Because you say so? Because someone in your car said so? Because the police report says so? None of these answers matter because unless there is an unbiased witness of the collision the insurance company is up against a wall in determining liability. Go ahead and get yourself a lawyer (like so many dinks here always tell you to do). Did HE witness the loss? Your problem is you are just angry. Perhaps you are angry because you don't have collision coverage on you truck. Ia428282 is correct -- you are playing the victim to the max. Insurance companies have nothing to gain by 'screwing' anyone out of a two-bit settlement.
PS -- I don't believe your story either, pal.

2007-01-24 10:49:39 · answer #7 · answered by Anonymous · 3 1

I'm sorry to hear about your problem. I have never been in a similar situation, but was there a police report filed. If so, it might state specific details about the accident. As far as EMC Insurance being "a bunch of damn crooks," is concerened, all I can say is all insurance companies will try to screw their customers if they can get away with it. My advice is to be persistent, get a copy of a police report, and be as forthcoming as possible. Good luck. I wish you the best.

2007-01-24 07:48:24 · answer #8 · answered by Anonymous · 0 2

Shibi is definitely remarkable. Get an lawyer that's no longer working for the assurance employer. you will possibly be able to additionally desire an twist of destiny reconstructionist on your section. once you sue do no longer forget approximately the lawyer's expenditures, courtroom expenses and each and all of the psychological disease they are inflicting you. once you're suing, do no longer forget approximately the assurance employer and/or the guy that hit you. one extra component, EMC might attempt to black record you making the acquisition of assurance from yet another employer tougher. point out this subject to your lawyer, s/he are in a position to get some variety of courtroom order to guard you. FYI, I carry AAA assurance. It ain't low-priced in spite of the undeniable fact that it is often there while i desire it. And, good success i'm hoping you eventually finally end up possessing EMC. a number of those damned assurance companies provide certainly everybody a foul time, different than while they are paying your quotes. actually, issues like this make me sorry i did no longer pass to regulation college while i grow to be youthful. i think of i might enjoyed tearing a number of those operations a clean ash hollow.

2016-09-27 22:44:37 · answer #9 · answered by kurihara 4 · 0 0

You need an injury attorney to help you out with this Everything is bring based on the police report written at the tine of the crash. Usually they copy their notes into documents a few hours later. Actually it's your insurance company's " hired guns " to straighten the legalities out. These attorneys are not in house people your local insurer hires local attorneys to get through it as quickly as possible. If I were you I'd make an appointment with a personal injury attorney and state your case.

2007-01-24 07:51:30 · answer #10 · answered by Country Boy 7 · 0 2

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