My son was in an accident and all the police on the scene and police reports filed determined he was 100% not at fault. The insurance co. refuses to pay saying that police reports are only a "tool" in determining whos at fault. So we took them to small claims court to try to get the $1500 for our car the other guy totalled. The court was in our favor but the other guys ins. co. filed an appeal and its going to a higher court where his co. - State Farms lawyer (they had a lawyer go to small claims for them) says that we should get a lawyer (of course). Why would this go to a higher court? Wouldnt it just be a waste of their time? If the police AND the small claims court both side in OUR favor why is State Farm trying to appeal over a measily $1500?? Wont this be laughed out of court? Should we really get a lawyer or just rep. ourselves? This is getting stupid i could see if it were for thousands of dollars. Anyone got any ideas that would help? By the way State Farm SUCKS!!!!
2007-11-20 07:42:38 · 8 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
by the way we cant get our ins. co. to represent us because we dont have that on our insurance.
2007-11-20 07:48:42 · update #1
ok first, yes the other guy had insurance. and no its not just a measily $1500 to ME maybe to the insurance co. Im a little guilty here and need to read some fine print on our insurance policy but my wife says since we dont have full coverage, our insurance co. wouldnt represent us. The other guy has always said he is not at fault and that is the only reason his ins. co. is fighting this apparently. Since it is being appealed i think i will contact our ins. co. again and go over some things.
2007-11-20 09:51:02 · update #2
Well for starters, you insurance company is suppose to be helping you.
The appeal is what they are doing in an attempt to not pay, they don't want to have a "Claim" on their side of the isle.
Since you won and the police report was in your favor, I would get a Lawyer, not only will you win, they will be forced to pay for the costs of your Lawyer and all Court costs.
They figure you will be discouraged from going to the Appeal level and drop the case and they win.
Oh, for what it is worth police do determine who is at fault, that is what the tickets are issued for, and/or arrests if required! You go to court to fight the police's version of events.... which in most cases, you lose...
Answer to your second question:
In your son's case, did the police say it was nobody's fault, or did they give the other guy a ticket?
May be he is fighting it because he may have too many points against his license and may lose it if he loses in court.
2007-11-20 08:08:30 · answer #1 · answered by fogtender 3 · 0⤊ 0⤋
Well first of all, why have you not turned the matter over to your own insurance company? If State Farm has filed a lawsuit your best interest would be to contact your own carrier so they can send someone to defend you.
And apparently it is not just a measly $1500 since you have taken them to court already.
Secondly, what happened in the accident? State Farm is correct when they state the police report is only a "tool" to determining fault. The police did not witness the accident so what is says on the police report is provided by both drivers, or maybe even only 1 driver if the other isnt able to provide a statement. The insurance company takes statements from both drivers and any and all witnesses to determine the liability.
Your insurance company has to defend you if you receive a summons for the lawsuit. Its in your policy, its not like its a seperate coverage you have to pay for.
If your insurance company is not helping you then maybe you should seek legal advice
2007-11-20 07:49:54 · answer #2 · answered by ♥ Uwish ♥ 6 · 2⤊ 1⤋
Police do NOT determine fault. All they can do is offer an opinion. The other insurance company has NO duty of good faith to you, only to their insured.
If you sue the insurance company, you lose - they didn't hit your son. I assume you sued the guy that hit you.
You didn't give any details about the accident. You didn't say exactly what the judgement was. You didn't mention why the other company thinks their insured is not at fault.
There is WAY not enough detail here, for "any ideas". I think you should sit down with your insurance agent. They're familiar with the laws in your state, and they'll be able to offer an opinion.
Also, you need to inform your insurance company and open a claim with them. If State Farm is appealing, then they think YOU are at fault. And if they win, likely you'll have to pay for the damages to THEIR car. Which means, your liability insurance carrier should be providing you with a defense to this appeal.
2007-11-20 09:41:37 · answer #3 · answered by Anonymous 7 · 1⤊ 1⤋
A police report is a "tool" - an insurance adjuster does their own investigation into fault. A police report is one piece that is considered but it is not the end all be all. Ultimately, it's hear say and in a court of law - you would have to have the officer on the stand - you can't just produce a police report with out supporting testimony.
Most insurance policies (yours and the other driver's) say that in the event of a law suit, the insurance company will hire an attorney to defend you. You filed a law suit against the other driver - as such, State Farm HAS to hire an attorney to defend him. It's not a choice - its not to pick you you - it's in the policy contract. State Farm HAS A LEGAL OBLIGATION TO HIRE AN ATTORNEY to defend their insured. It's not a choice - it's a "have to" thing.
If the other driver filed a counter-claim against you for the damage to his car and you give that to your insurance company - then your insurance company will have to hire an attorney to defend you on the counter claim - per your policy language. If a counter claim was not filed against you - the most likely your insurance company will not get involved.
State Farm/the other driver - has the right to appeal to a higher court. If they are appealing - they apparently feel strongly about their case - I can tell you now, the bill for their defense attorney is going to be well over 1500 - it would have been cheaper for them to just pay you and make you go away. Therefore, the only thing I can tell you - is State Farm feels their driver is not responsible for your property damages so they are exercising their rights and their policy holder's rights under the legal system.
So...since you picked the fight by filing suit - you have a choice - either continue to represent yourself or hire an attorney.
If you had "full coverage" on your car -the easy way to have handled this - would have been to turn the claim over to your insurance company and settled under your collision coverage and let your company subrogate back against State Farm. If your company was a member of Arbitration, then they could have filed against State Farm - if needed.
If you did not have full coverage - you could have filed a complaint with the insurance department and see how that affected things.
It does not matter how you got to the situation you are in - you're there now. So you have to decide - do you want to hire an attorney or not?
*****Not to be taken as legal advice -- only a licensed attorney in your state can give legal advice -- this answer is just my opinion only - use this information at your own risk**********
2007-11-20 08:26:30 · answer #4 · answered by Boots 7 · 2⤊ 1⤋
Your lawyer goes to head nuts. How dull is it to submit in a public location that you've got a ingesting hindrance. I'm additionally definite each lawyers do not desire you hanging their names in this internet site. You say that is your first offense, however surely it isn't. As for switching lawyers, it relies on in which you're within the procedure. If trial begins subsequent week, it is too overdue to change. The lawyer will ought to time to acquire and overview proof. You cannot keep out of prison and not anything will help you prolong for 2 years. You obviously don't seem to be certified for a intellectual protection. You have not discovered your lesson from the beyond. Maybe prison gets your concentration. You would even turn out to be in jail when you consider that it is a criminal and also you harm anybody. If you'll be able to manage to pay for a individual lawyer, rent one. But along with your crappy list, except you're a spoiled wealthy child, I doubt you'll be able to manage to pay for your possess legal professional. (I doubt you're in a position to maintain down a role.) Start going to AA conferences. Get into an inpatient alcohol rehab application if you'll be able to manage to pay for it. As for the opposite feedback - a well protection lawyer will recognize the folks in courtroom up to a public defender. A individual legal professional expenditures a hell of plenty greater than $70 and hour, extra like 270 an hour.
2016-09-05 10:20:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It is true that police reports are only one tool used to determine fault in an accident. But why are you involved in this? His insurance company would be the one negotiating on his behalf, and supplying you with attorneys if needed.
Although you didn't say so, it almost sounds like he had no insurance at the time of the accident. Is that the case?
2007-11-20 08:03:16 · answer #6 · answered by oklatom 7 · 1⤊ 2⤋
That really does suck.Our judicial system is horrible.Its all about money
2007-11-20 07:48:03 · answer #7 · answered by Anonymous · 0⤊ 2⤋
why is your insurance company not fighting this?
2007-11-20 07:47:56 · answer #8 · answered by :) 6 · 1⤊ 2⤋