I had a wreck this past April. When settling, because my car had more damage, I told her I would buy her a new bumper(thats all she needed.) The officer asked us both if we needed to go to the hospital. We both said no. Fortunately, I did not get a ticket because the women had no insurance so she got the ticket. Three monthes later I get a call saying she had to go to the hospital on account of whip lash, back pain, and nightmares. So, my insurance company "decided" it would be "best" if they paid her for this nonsense. Anyways, they said my insurance would go up of course. Well I get another call, today (December now) saying my insurance went up $200. It doubled. And now I have 3 points on my license.
The question, how can my insurance pay for this women when I did not get a ticket or court date? I also paid for my own car damage? And its been eight monthes after the wreck?
Please help me. Anyone!!!
2007-11-27 12:19:32 · 10 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
The State it happened in was North Carolina.
And the whole reason for the accident was because my brakes went out. No other reason.
2007-11-27 12:33:12 · update #1
Also, turned it into the insurance company and they did not do anything about it until three months later when she called it in. After my accident, I called the insurance place to report it but then never did anything.
Also, we never paid anything for her. Never talked to her again until she said we could make payments to her. She said if we paid the $3000 bills she wouldnt turn it in. And she wanted cash money.
But my insurance only paid for $2500. Why would she want $3000?
2007-11-28 06:49:00 · update #2
Most of the other answers are good, but I wanted to add a couple of things.
The points you have are INSURANCE points, not points on your driving record. They are on your insurance policy only & are a way for the company to determine your premium. This is for the at fault accident surcharge.
With a $200 premium before (you said $200 additional doubled your premium) I am assuming you have liability only. I don't know of anywhere you can get that premium for "full coverage" so you would have had to pay your own damages anyway.
You should have turned in the accident from the beginning. The company may or may not have paid the damages to her car depending on the circumstances of the accident, or they may have only paid a percent of her damages (if they determined she was partially at fault). If the company paid her damages to her car along with the injury, your premium would have gone up the same amount. It doesn't matter if the company pays $1000 or $300,000 for an accident, the surcharge is the same.
You are lucky they paid her injury, many companies would have told you since you paid for her bumper, you assumed all liability in the accident, so you pay for the injury too.
The facts of the accident determine liability (or the fact that by paying for her bumper you admitted yourself you were 100% at fault - which outweighs the facts of the accident), not tickets, police reports, etc - although they are part of the adjusters investigation of the accident.
Next time, turn it into your insurance so they can determine fault.
2007-11-27 22:49:52 · answer #1 · answered by Sue 6 · 0⤊ 0⤋
They give you points if they pay out for an accident. You don't ALWAYS get tickets when you have an accident! In my experience, only about 10% of people involved ever get a ticket. In some states, you get charged points for the ticket AND the accident; in others, just whichever will generate more points - which is USUALLY the accident.
Her not having insurance has NO BEARING on whether you're at fault for the accident. That ticket she got, does NOT make her at fault for the accident. Not going to court, does NOT make her at fault for the accident. Less than 1% of accidents end up in court.
ONE of you two, caused the accident. You didn't describe how it happened here, but pretty clearly, your insurance company thinks YOU caused the accident - not her. That's why you got points.
2007-11-27 22:20:54 · answer #2 · answered by Anonymous 7 · 0⤊ 0⤋
One doesn't always get a ticket when there's an accident. Your brakes went out. Yeah, right. I have heard this at least two hundred times and I have NEVER found it to be true. The brake system of an automobile is the single most reliable unit on the car and it will give warning signs for months before a failure. Your insurance company won't buy that excuse.
2007-11-27 22:30:58 · answer #3 · answered by Anonymous · 0⤊ 0⤋
First, the insurance company can't control your driver's license. They're a private company, and your license issued by the state. If somebody did something to your driving record, it was the state.
Second, your insurance company can charge you whatever they want to. You're free to shop elsewhere if you don't like it.
Third, you don't mention the accident report. If there was one, then that's what they're looking at. They don't really care much about tickets, I don't think. That's not a good way to determine who's liable, and it's not the intent of issuing tickets in an accident.
2007-11-27 20:26:05 · answer #4 · answered by Firebird 7 · 2⤊ 0⤋
i agree with Firebird, would just add that there is a difference between being determined at fault in an accident, and receiving a ticket
the person at fault is held liable for any damages, to the car or person, whether they received a ticket or not
tickets are only given if you made a clear violation of a traffic law
following too closely, rear ending someone, you might get a ticket, if your brakes fail and you rear end someone, but there is evidence you tried to stop/avoid the accident, then you most likely wouldnt be ticketed, you broke no driving law
2007-11-27 20:30:43 · answer #5 · answered by dlin333 7 · 1⤊ 0⤋
Because you told her, in front of an officer, that you would pay for her damages. In effect, you admitted fault for the accident by doing that. As a result, her claim for physical injury, which I assume was accompanied by the bill from a medical provider, was paid by your insurance. It doesn't take a ticket or a court date to establish guilt and add points to your driving record. Obviously the police report stated you admitted guilt on scene and offered to pay her damages.
2007-11-27 20:27:38 · answer #6 · answered by oklatom 7 · 1⤊ 0⤋
You NOT getting a ticket or a court date has NOTHING to do with whether you were at fault at all.
She called a claim into your insuarnce.... they investigated and found you were at fault for the accident (it doesnt matter that she doesnt have insurance- that doesnt determine fault)
Since you were at fault they owed her for damages to her car (which you already took care of since you tried to be sneaky) and physical injuries.
Unfortunately they can't "prove" she wasnt injured so to PROTECT YOU they paid her.
I love how you are trying to act like you did nothing wrong her and the insurance company is the "bad guy"- people like you make our job miserable.
Quit being said that you tried to be sneaky and not tell your company and you got caught. if you told them from the beginning like you should have they would have taken care of all the damages and you wouldnt have this problem. You are a higher risk to them now taht you were at fault in an accident so of course your rates are gonna raise.
quit thinking the world is out to get you.. learn your lesson.. and move on. YOU did this to yourself.. no one else did. If your trying to blame your brakes then sorry... vehicle maintence is YOUR job.
2007-11-27 20:56:42 · answer #7 · answered by la428282 6 · 2⤊ 0⤋
The state is the only agency that can put points on your license. If you haven't received a ticket/plead guilty to a moving violation, you shouldn't have points.
Insurance companies assign blame independant of what the police write tickets for.
2007-11-27 21:58:56 · answer #8 · answered by Chris F 3 · 0⤊ 1⤋
It's time to get a good lawyer to take your case. Try to find one who will do it for a percentage of the award. You have a case against both your insurance company and the other driver.
Most if not all states access points on your license and not insurance companies. Again, get yourself a lawyer.
2007-11-27 20:26:16 · answer #9 · answered by notadeadbeat 5 · 0⤊ 4⤋
When posting insurance questions, make sure to say where you're from as it varies from state to state and province to province.
2007-11-27 20:27:54 · answer #10 · answered by Anonymous · 1⤊ 0⤋