Here's my situation- I have owned my current, brand new vehicle for 4 months. I got rear-ended on Nov. 6, and the guy's insurance company is from North Carolina. I'm in Arkansas. The insurance company says that they don't pay for the decreased value of a damaged vehicle in that state. They also want to send me a check to cover the repair bill instead of directly paying the shop who will fix my car. This check won't even come close to covering the cost, all they are going off of is a visual inspection with pictures that a guy took. And they won't send this small check until I sign a release stating that I release them from all future claims. I told the guy he was crazy and I wasn't signing anything until I found out exactly how much it would be to fix it. He said that is just the way they do it in North Carolina. Well, I was hit in the state of Arkansas, and I also live in the state of Arkansas. Don't they have to go by the laws of Arkansas? It's not my fault the guy is from NC.
2007-11-22 18:28:19 · 6 answers · asked by *~HoNeYBeE~* 5 in Politics & Government ➔ Law & Ethics
I have full coverage insurance from my insurance company. Should I just let my agent handle things from here since the other company isn't cooperating with me?
2007-11-22 19:02:30 · update #1
Where he is from does not matter. The laws for the jurisdiciton of where the accident occurs is what matters.
If you have insurance, your agent will take care of it. You will have to pay your deductible up front, but will eventually be reimbursed.
If you don't have insurance, you are on your own. They probably are hoping the amount of the claim is not worth the trouble of an attorney. They are probably lowballing, hoping you will take the claim and not bother with court.
Tell him if he does not give you a satisfactory settlement, you will file a small claim against him, and his insurance company. By naming him personally, you can give him an incentive to tell his insurance company to settle.
If you do file a claim, and he or the insurance do not show up, you will likely get a default judgement in your favor.
2007-11-22 18:42:59 · answer #1 · answered by trooper3316 7 · 0⤊ 0⤋
They can deny protection for non-cooperation. I have performed it a number of instances for the duration of the path of my profession. Considering the coincidence happened a few months in the past I'm amazed they have not denied protection but. There is a clause on your coverage that states the policyholder and any drivers have got to cooperate with the coverage manufacturer for the duration of the research of an coincidence. Since the attorney does not constitute you the coverage manufacturer does no longer must pay attention to him in any respect if he is making an attempt to talk for you. Your cause of warding off the coverage manufacturer won't get up. Call them earlier than you screw over your pal. It does no longer subject that the attorney and your relative mentioned they might handle the whole lot. They do not need the authorized status to take action. Call them. I wager you $10 all they desire to grasp is whether or not the relative had your permission to force your automobile at the moment. They will more commonly additionally desire to grasp what your courting is and for those who are living within the equal loved ones. They don't want any coincidence main points from you however there may be extra to the declare than simply coincidence main points. By refusing to cooperate you're hanging your household declare at hazard. Just opt for up the mobile and phone them. By no longer calling you're truthfully making matters so much worse.
2016-09-05 12:18:17 · answer #2 · answered by sykes 4 · 0⤊ 0⤋
Get three estimates for the repair of your vehicle, file suit against the other driver in the Arkansas court system for the highest estimate, medical expenses, lost wages, pain and suffering, etc. Anything you have to pay due to the accident, and don't forget court costs.
2007-11-22 18:35:36 · answer #3 · answered by Gray Wanderer 7 · 0⤊ 1⤋
YES...have your insurer deal with this and pay you. Don't deal with the other company or its representatives.
Your insurer will pay out and then file a subrogation claim against the other company (to recover what it paid you)
Your rates shouldn't be affected, and this is what you pay for insurance for.
2007-11-22 19:14:55 · answer #4 · answered by Anonymous · 0⤊ 0⤋
They are trying to cheat you. Send them a receipt for the repair. Some times your insurance company will help with an other company.
2007-11-22 18:45:53 · answer #5 · answered by Anonymous · 0⤊ 1⤋
You are going to have to go to court, or talk with your own insurance. If you had uninsured/underinsured coverage, it should cover this accident after your co-pay. Your insurance company can then go after the other driver at no expense for you. If they recover their REAL expense, they will even return your co-pay. This happened to my parents several years ago, they had almost forgotten about it, when they received a check for their $1000.00 co-pay (deductible) almost five years later....
2007-11-22 18:43:01 · answer #6 · answered by Ben H 5 · 0⤊ 1⤋