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I know I have asked this question before, but I really need some good advice.

On Feb 2nd, 2007 I was hit by a drunk driver.

Details:

My boyfriend and I (I was driving) was sitting at a red light waiting to make a right turn. It was around 11:30pm at night. (We were on our way home from work) While sitting at the light a lady driving a 1995 Chrysler Concord came off an access road from the main highway and hit me in the back quarter panel. (Drivers side, right where my gas tank is). There was a witness who had been following her for a few miles trying to get her plate number so he could report her to the cop, because she had been weaving in and out of the lane. He saw the whole accident. She never once hit her breaks. My car (1994 Toyota corolla) was a total loss. I did not go by ambulance to the hospital, but went on my own within an hour of the accident. Nothing major happened, a few cuts and bruises. My back is still in pain though, as well as my neck.

2007-02-12 03:31:54 · 10 answers · asked by APIDLady 2 in Politics & Government Law & Ethics

The lady who hit me was taken directly to jail for D.U.I. Now her insurance is trying to pay me off with $1000.00 plus paying all medical bills. The same offer was given to my boyfriend. I recieved a call from their adjuster saying my car was a total loss. He did not offer a settlement at that time though. I received a letter on the 10th stating my car was at tow lot which charges it to sit there and they would not be paying for it after the 7th. The letter was post marked on the 7th. I don't know where I am Suppose to have my car towed due to the fact it is a total loss. Is it my job to have it towed and pay the bill? Should I seek legal advice?

2007-02-12 03:35:05 · update #1

The wreck happened on the 2nd day of February.

2007-02-12 03:35:46 · update #2

Geico was the insurance company.

2007-02-12 03:47:23 · update #3

10 answers

What insurance company was it? You need to call the claims adjuster back and ask to speak to their supervisor and keep going "over their head" until you get satisfactory results. You should not be responsible for any charges at the tow lot. Once the insurance company settles with you about the car, they will sell it to a salvage company who will pay any charges to the tow lot in order to pick up the car.

2007-02-12 03:42:22 · answer #1 · answered by startwinkle05 6 · 0 1

Eerie to read this. My boyfriend and I were heading home Feb. 1, 2004 and were hit at a stoplight.

To do: GET A LAWYER. We wanted desperately to avoid that, but when it came down to it - you get rooked if you don't have one.

Not to do: WAIT UNTIL THE LAST MINUTE. Unfortunately we had one event after another which led us to put off getting an attorney 'til the statute of limitations for filing a legal claim was almost up. (If the settlement has not been agreed upon, a lawyer has to file a lawsuit before a certain period of time is up. I believe the amount of time depends on where you live.)

To do, final notes: KEEP COPIES OF BILLS and the police report. Keep contact info for that wonderful witness. Things are much easier when it's absolteuly clearly defined who was at fault and how the person committed a careless act. Also, be thankful the person had insurance (sounds like she did, anyway)! (I've also had the lovely experience of being hit by a group of hulking football male teens who wouldn't wait for police to arrive - and ultimately finding out they didn't have insurance.) -- When I say to keep track of everything, put info in a 'diary' or something; document time off work (calculate wages lost - even if you had sick days you should be repaid), clothing torn (if any, with replacement costs), and so on.

Best wishes for a speedy recovery and a speedy settlement. And, the sooner you get a lawyer, the sooner you can get his input on how to handle the disposal of your totalled car (in my case, my insurance company helped and then got reimbursed by the other insurance company ... but in the mean time we got these nasty calls from the other insurance company 'warning' us they wouldn't cover the car being kept in a garage beyond X amount of time -- JERKS!).

Next time, I recommend getting a car with safety in mind. Today, there are more crazy drivers than ever! And it does take time to feel a sense of trust going out on the roads again ... *sigh* So, hang in there, take positive actions, and trust yourself to be strong and heal.

2007-02-12 03:52:26 · answer #2 · answered by truehartc 2 · 0 0

This is one of those cases where many people refer others to lawyers on a "pro bono" case...however, a more accurate description of this would be obtaining a lawyer on "contingency" or where he will be paid from the total amount of recovery you receive.

For just $1,000.00...I'd say the insurance company is attempting to "buy you off."

As for the totalled car...it would become the property of the insurance company and THEIR bill since they should be reimbursing you for damages!!

Contact a lawyer and get some GOOD advise. You may pay a bit more...but certainly have a chance at gaining more!

Best wishes!

2007-02-12 03:41:08 · answer #3 · answered by KC V ™ 7 · 1 0

Get a lawyer. You won't have to pay up front. Do not let their insurance company give you any checks! If they send you anything give it to your lawyer. You'll need to get your car fixed, medical bills paid, etc. so go with a lawyer!! Also any time you miss from work is something that should be compensated in addition to pain and suffering and renting a car while yours is being fixed.

Good luck,
Tori

2007-02-12 03:47:21 · answer #4 · answered by Incognito 6 · 1 0

I would recommend that you contact a lawyer. There are several that will take their fees out of a settlement check and they don't get paid if you don't. My opinion is to never settle with the insurance company without a lawyer, my husband and I did and he got f*****. We found out 2 yrs later, after the settlement, that his back was broken and since we settled we had no claim.

Call a Lawyer, most have free consultations.

2007-02-12 03:45:27 · answer #5 · answered by taxlady1975 2 · 1 0

I just wanted to say im sorry on behalf of the person who wrote that first answer. I think the best thing you could do is talk to your insurance company and the other companies involved in your situation. Sorry thats not helpful, but the answer to your questions are different for everyone. If the companies arent helping, be more forceful and threaten to sue if you dont get the answers you need.

2016-03-29 03:29:01 · answer #6 · answered by ? 4 · 0 0

Your best bet is to seek legal advice in this matter so your compensation is more complete. Don.t agree or settle you claim by signing anything presented to you by the insurance without some good legal advice as it may affect your rights.

2007-02-12 03:52:21 · answer #7 · answered by Anonymous · 0 0

Yes you should seek legal advice. Get a good lawyer because you've got the pain and suffering and the damages to your car. They're trying to screw you over by sending you the letter late and 2000.00 isn't enough to get a good reliable car with.

2007-02-12 03:43:17 · answer #8 · answered by caramelflava313 2 · 1 0

Get yourself a lawyer you can get way more than what they are offereing you dont be stupid...you can also make them pay the bills from the hospital and everything referring to that wrecka nd you may get more for it being she was drunk....good luck

2007-02-12 04:02:37 · answer #9 · answered by LUCKYGIRL 3 · 0 0

Is your question about suing? About reporting? about a good car repair garage? Is this the Presidents fault? What??

2007-02-12 03:36:51 · answer #10 · answered by jaypea40 5 · 0 2

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