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OT: car accident victim

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Looking for some help about how to get compensated for my loss. I was involved in an accident where someone blew through a red light and took off the front end of my car. Since it is a 2003, I have no collision. Called my company, and they laughed a little and said call the other person's insurance. Tried calling and am getting a run-around. The other person was cited, and multiple witnesses verified my account. Police report is on file. What is my next step? I'd like to sue this state's insurance commission.
 

TRest

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Looking for some help about how to get compensated for my loss. I was involved in an accident where someone blew through a red light and took off the front end of my car. Since it is a 2003, I have no collision. Called my company, and they laughed a little and said call the other person's insurance. Tried calling and am getting a run-around. The other person was cited, and multiple witnesses verified my account. Police report is on file. What is my next step? I'd like to sue this state's insurance commission.
If the police report is in your favor the other guy's insurance will usually accept liability unless he is giving them a different story. Threaten to notify the insurance commissioner that you are getting jerked around, that may get a response. You can also file a small claims action if your damages are under 5 k to get someone's attention fast.
 

formerlurker

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Looking for some help about how to get compensated for my loss. I was involved in an accident where someone blew through a red light and took off the front end of my car. Since it is a 2003, I have no collision. Called my company, and they laughed a little and said call the other person's insurance. Tried calling and am getting a run-around. The other person was cited, and multiple witnesses verified my account. Police report is on file. What is my next step? I'd like to sue this state's insurance commission.

Not sure what your next move is but sure as don't do this in court!



In all seriousness, hire an attorney.
 
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You have no recourse with your own insurance. Just contact the other carrier and determine what their stance on liability is and what they are waiting on. If their driver is giving a different story they will look at the damages to both vehicles and wait on witness statements before coming to a decision. Sounds like everything is in your favor however and you just may have to be patient. Just ensure you are mitigating your own damages though and not leaving your vehicle somewhere where it is collecting storage if it will be a drawn out situation.
 
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You have no recourse with your own insurance. Just contact the other carrier and determine what their stance on liability is and what they are waiting on. If their driver is giving a different story they will look at the damages to both vehicles and wait on witness statements before coming to a decision. Sounds like everything is in your favor however and you just may have to be patient. Just ensure you are mitigating your own damages though and not leaving your vehicle somewhere where it is collecting storage if it will be a drawn out situation.
Just spoke with them, and they will be moving it to a 'free' storage area they run, and will check the damages. They are also footing the bill for a rental tomorrow... guess I'm on my own after that. Just sucks. Car was 12yo, but only did 10k/yr, and it was all I needed to commute with (working a/c, awd, usb stereo, and 25mpg to boot). Needs a complete front end, and maybe some structural, so I'm guessing a total.

Thanks to all that offered suggestions!
 

RichZ

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Years ago, Some guy pulled out from an intersection I was turning into and drove directly into the side of my car. He got the ticket. The police incident report clearly identified him as the offending party. Two weeks went by and I hadn't heard from his carrier. Called them, and they said their insured was not at fault. They based their decision on his description of the accident. "I was sitting at a stop sign when I hit him." I showed them the police report. They said that had that on file, but they were going by their insured's statement. I called my lawyer. He called them. They called me back the next day and said the check was on its way. My lawyer didn't even charge me.

They don't make lawyers like that any more.
 
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It sounds like the other driver's insurance company will accept liability and if it is a total loss, they will have to pay you the value of your vehicle. Your carrier should be assisting you to get them to step up.
 
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Insurance companies cooperate with each other settling property damage claims because they want to be cooperated with when the situation reverses. Your company is not in the game so that courtesy will not be extended to you. The company for the responsible party can make you get a lawyer, which will cost you money. Therefore, they will negotiate knowing that you may have that weakness. For example, they offer you $2500 for a 'contested' claim as a 'compromise.' You get a lawyer and they'll give you $4000, but the lawyer wants $2000.

If the numbers do not justify having legal help, consider immediately demonstrating that you will be a pain in the neck. What is the value of the total loss? Look at the maximum recovery limits to small claims cases in your jurisdiction. Maybe you can file immediately for that amount. The opposing company is going to have to deal with the suit like it is a big deal by hiring a lawyer and spending its money, and that might escalate the file to where someone will actually care about satisfying you.

It is amazing how many small cases become personal injury claims because the victim driver can't get satisfaction for property damage and then decides, maybe I will go see a doctor, it might not hurt that bad, but if I have to sue those jerks let's go firing both barrels.

Good luck.
 
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Insurance companies cooperate with each other settling property damage claims because they want to be cooperated with when the situation reverses. Your company is not in the game so that courtesy will not be extended to you. The company for the responsible party can make you get a lawyer, which will cost you money. Therefore, they will negotiate knowing that you may have that weakness. For example, they offer you $2500 for a 'contested' claim as a 'compromise.' You get a lawyer and they'll give you $4000, but the lawyer wants $2000.

If the numbers do not justify having legal help, consider immediately demonstrating that you will be a pain in the neck. What is the value of the total loss? Look at the maximum recovery limits to small claims cases in your jurisdiction. Maybe you can file immediately for that amount. The opposing company is going to have to deal with the suit like it is a big deal by hiring a lawyer and spending its money, and that might escalate the file to where someone will actually care about satisfying you.

It is amazing how many small cases become personal injury claims because the victim driver can't get satisfaction for property damage and then decides, maybe I will go see a doctor, it might not hurt that bad, but if I have to sue those jerks let's go firing both barrels.

Good luck.
Not worried about lawyers, have them in the family. The other insurance company didn't do anything until they spoke with their client, even though they had access to a police report and witness statements. WTF is wrong with this state allowing that as a way to do business? They called the owner (not the driver) and they claimed to know nothing, so the insurance company wasn't going to do anything. We gave them the driver's cell number and it was OK within 10 minutes. Picked up a rental this morning that they reserved for me.
 

UConNation

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Looking for some help about how to get compensated for my loss. I was involved in an accident where someone blew through a red light and took off the front end of my car. Since it is a 2003, I have no collision. Called my company, and they laughed a little and said call the other person's insurance. Tried calling and am getting a run-around. The other person was cited, and multiple witnesses verified my account. Police report is on file. What is my next step? I'd like to sue this state's insurance commission.

I work full time in the insurance industry and used to handle personal lines auto claims. PM me if you want any specific suggestions and/or an idea of what the laws in CT dictate.
 
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Looking for some help about how to get compensated for my loss. I was involved in an accident where someone blew through a red light and took off the front end of my car. Since it is a 2003, I have no collision. Called my company, and they laughed a little and said call the other person's insurance. Tried calling and am getting a run-around. The other person was cited, and multiple witnesses verified my account. Police report is on file. What is my next step? I'd like to sue this state's insurance commission.
The other side Will give you the runaround until you provide him a copy of the police report and or witness statements and they do their due diligence. Rest a sure, after jerking you around for a couple of months they will pay your losses but unfortunately you're not going to get immediate justice when you do not have comp and collision to take care of things right away for you while you mess it out with the other side.
 
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Is the other carrier not already accepting responsibility because they have offered to pay for your rental car? If their client were not at fault, why would they make this gesture?
 
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What about all those ambulance chasing , lawyer TV commercials that run during the day?

You know; "Tell them you mean business!"

Doesn't your back feel different? ;)
 
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Years ago, Some guy pulled out from an intersection I was turning into and drove directly into the side of my car. He got the ticket. The police incident report clearly identified him as the offending party. Two weeks went by and I hadn't heard from his carrier. Called them, and they said their insured was not at fault. They based their decision on his description of the accident. "I was sitting at a stop sign when I hit him." I showed them the police report. They said that had that on file, but they were going by their insured's statement. I called my lawyer. He called them. They called me back the next day and said the check was on its way. My lawyer didn't even charge me.

They don't make lawyers like that any more.

God, my wife and kids certainly hope they don't.
 
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Is the other carrier not already accepting responsibility because they have offered to pay for your rental car? If their client were not at fault, why would they make this gesture?
We were able to convince them it was needed, but they weren't going to budge until we called multiple times. The idea that the owner (not the driver) can disavow anything and they don't follow the police report (and the fact that the driver was cited for a violation) is rather appalling to a victim.
 
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Well, they have paid now and that to me is an acceptance of fault. Now just go and collect the rest of your money.
 
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Was waiting at red light and got rear-ended by a guy who was yelling at his kid about violin lessons. Guy admitted fault. Cop came. Guy admitted fault. I ended up getting a check in a few days. He and I both had Geico.
A couple years later I'm checking out my insurance rate, which has gone up. I call up Geico. They say there's an at-fault collision on my record. I say BS. They pull up the red light accident and say that the file says it was my fault so they have to raise my rate. I tell them the other driver was a Geico client, please pull his record. Sure enough, he's listed as "at fault" as well. Ended up with the lower rate, but these companies can be slippery. When wet or otherwise.
 
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Rich Z said -
Years ago, Some guy pulled out from an intersection I was turning into and drove directly into the side of my car. He got the ticket. The police incident report clearly identified him as the offending party. Two weeks went by and I hadn't heard from his carrier. Called them, and they said their insured was not at fault. They based their decision on his description of the accident. "I was sitting at a stop sign when I hit him." I showed them the police report. They said that had that on file, but they were going by their insured's statement. I called my lawyer. He called them. They called me back the next day and said the check was on its way. My lawyer didn't even charge me.

They don't make lawyers like that any more.

Oh yeah? No charge for my advice given above.
 
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