Filing suit on insurance company - anything I need to know ?(first time)

[D22]

I am about to file a lawsuit in Magistrate Court against an insurance company for denying my mother's claim in an auto accident. The car that was wrecked was a 94' Accord, and the other driver got a "failure to yield" ticket. The other driver was turning left and my mother was going straight, the car was totaled.

The insurance company already sent a letter to my dad denying the claim, and my dad keeps insisting they say they are "reviewing" the case more. I keep telling him they are just stringing him along, probably know they are old, and are assuming they are just going to roll over and let it die.

The car already had some previous damage to it, but it was repaired enough to make the car drive perfectly, I had the rest of the parts already to restore it to mint condition. I believe as-is the car was worth at least $2000, considering for another $500 I would have had it "like-new".

My mother already made a statement saying the light was yellow when she was going through which I know isn't a smart move, the best move is to just keep your mouth shut.

However, considering there is a police report with a diagram and the other driver got the ticket, I figure this would be a pretty cut and dry case - easy to win. I plan on taking pictures of the car and have my mechanic testify to the condition to the car at the time it was wrecked. I will also get a copy of the police report to show to the judge. Are there any other damages I can sue for, such as mental anguish and my time and energy to collect the claim we are owed? Anyone with experience please help!

 

[Reel]

Best of luck to you.

 

[Kelemvor]

Contact an Attorney if you want legal advice...

 

[D22]

You don't take attorney's to magistrate court...It is for civil claims of $15,000 or less.

That is like saying "contact a computer tech if you want to set up a computer". There are times for everything.

 

[allisolm]

Just because you can't take an attorney with you to court doesn't mean you can't consult one.

AFAIK, unless your parents have been declared incompetent, YOU can't sue for anything.

I'm not a lawyer and I didn't even stay at Holiday Inn Express, but on the judge TV shows thay always say that time and money spent to prepare for court as well as time off to be in court are not compensable.

Somehow I don't think that this is a case where mental anguish applies. Definition of mental anguish.

Good luck with their suit - I hope your parents prevail.

 

[dud]

"I'm not a lawyer and I didn't even stay at Holiday Inn Express"


You go girl ...

 

[fitzov]

what is their stated reason for denying the claim?

 

[her209]

Seriously, car insurance is the biggest scam. The law requires you to have it. You buy it. And the insurance company will try and deny every claim they can. When they do have to shell out, they raise your rates. WTFF?

 

[KK]

Won't your insurance company go to bat for you?

 

[orakle]

Originally posted by: KK
Won't your insurance company go to bat for you?

I think it's his insurance company that's fvcking him over. But yeah, to the OP, even though you are doing this in magistrate court, and as I understand it you cannot bring an attorney with you, you should consult one and see what he/she says.

 

[KK]

Originally posted by: orakle

Originally posted by: KK
Won't your insurance company go to bat for you?

I think it's his insurance company that's fvcking him over. But yeah, to the OP, even though you are doing this in magistrate court, and as I understand it you cannot bring an attorney with you, you should consult one and see what he/she says.

I hope that's not his insurance company bending him over.

 

[orakle]

Originally posted by: KK

Originally posted by: orakle

Originally posted by: KK
Won't your insurance company go to bat for you?

I think it's his insurance company that's fvcking him over. But yeah, to the OP, even though you are doing this in magistrate court, and as I understand it you cannot bring an attorney with you, you should consult one and see what he/she says.

I hope that's not his insurance company bending him over.

I guess I read it wrong. It seems he was talking about an insurance company other than his "An insurance company". Up here in Quebec we have no-fault insurance, so you deal with your own company exclusively. It's worthless - someone whacks you and totals your car and your premiums go up.

 

[MrWizzard]

I deal with insurance every day in CA.

From what I just read I don't think you stand a good chance.

Sorry, I am not trying to be rude or anything, but insurance companies deal with things like this all the time. You have a lot stacked against you.

BESIDES, from what you are saying in your story there are ALOT of details missing to even try to give you accurate advice. We have no idea what coverage?s your policy had or the other driver. Even if we did we would need the policy jackets of both policies that detail what the insurance companies are obligated to do in this situation.

There is a chance you will win but its small.

Good luck.

 

[robothouse77]

it's an un-winnable fight. just give up

 

[MrWizzard]

POSTED BY her209

Seriously, car insurance is the biggest scam. The law requires you to have it. You buy it. And the insurance company will try and deny every claim they can. When they do have to shell out, they raise your rates. WTFF?

If you think insurance is such a scam why not just go down to the DMV and put up $35,000 for a bond.

You know you can do that instead of insurance. Of course you will only have $35,000 for any once accident. And that is for the other party you hit their car and injuries.

If you don't have the money then take a loan to put up the money. Then you don't have to worry about rates going up. Of course you will have to settle your own accidents though, and claims and make sure that the other person is not trying to get a hold of your $35,000 for false reasons. You will have to make sure the other party is happy with the end result also. If your car gets stolen or vandalized, well you will have to pay that out of pocket. If you crash/damaged your car you will have to pay the damages out of pocket to.

But hay it beats getting your rates raised because of something that was most likely your fault.


My point is Insurance is a necessary, yea I know it seems like we put so much money into it. I have put thousands into it and have never needed it. What you are buying is piece of mind that the company will take what was your fault as their fault if you hit something or someone.

Weather or not you purchased enough coverage or the correct coverage is a story for another day.

EDIT Be careful what company you buy from the cheapest company may give you crappy service/coverage. You get what you buy sometimes. The cheapest is not always best.

 

[erikistired]

Originally posted by: MrWizzard
I deal with insurance every day in CA.

From what I just read I don't think you stand a good chance.

Sorry, I am not trying to be rude or anything, but insurance companies deal with things like this all the time. You have a lot stacked against you.

BESIDES, from what you are saying in your story there are ALOT of details missing to even try to give you accurate advice. We have no idea what coverage?s your policy had or the other driver. Even if we did we would need the policy jackets of both policies that detail what the insurance companies are obligated to do in this situation.

There is a chance you will win but its small.

Good luck.

But hay it beats getting your rates raised because of something that was most likely your fault.

tell me again why i am obligated by law to have car insurance? and why it isn't a scam? guilty until proven innocent ftw!

 

[MrWizzard]

quote:

--------------------------------------------------------------------------------
Originally posted by: MrWizzard
I deal with insurance every day in CA.

From what I just read I don't think you stand a good chance.

Sorry, I am not trying to be rude or anything, but insurance companies deal with things like this all the time. You have a lot stacked against you.

BESIDES, from what you are saying in your story there are ALOT of details missing to even try to give you accurate advice. We have no idea what coverage?s your policy had or the other driver. Even if we did we would need the policy jackets of both policies that detail what the insurance companies are obligated to do in this situation.

There is a chance you will win but its small.

Good luck.

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quote:

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But hay it beats getting your rates raised because of something that was most likely your fault.
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fisher SAYS,

tell me again why I am obligated by law to have car insurance? and why it isn't a scam? guilty until proven innocent ftw!

If you were on the way home today and got hit by someone who blows threw a red light, who had no insurance. They total your car and cause you to be crippled for the rest of your life.

Do you feel it's fair that they say sorry and walk away meanwhile you can't walk for the rest of your life, can't do your normal job anymore?

It's law because people in general are not responsible enough to fess up and pay for the things they cause. If you didn't have to pay 300k for someone's life you ruined would you? Maybe you would? But you are one in few.

Unfortunately most people only buy what the state makes them buy and that?s not enough in a lot of cases.

If humans just took responsibility for their own actions we would not need it.

fisher don?t take my posts out of context those were 2 replies to 2 differnt people. If her209 was not at fault then I am sorry for making that assumption.

 

[xgsound]

Originally posted by: D22
You don't take attorney's to magistrate court...It is for civil claims of $15,000 or less.

That is like saying "contact a computer tech if you want to set up a computer". There are times for everything.

Perhaps you aren't bringing an attorney, but the insurance company most definitely will. I think you should prepare to be equally armed, or don't start a gun fight with only a knife


Jim

 

[D22]

Well, looks like the supervisor is overruling the first adjuster in our favor. We will know the amount of the settlement on Wednesday.

So yeah, what was that about an unwinnable fight?

We need more people in this country who are willing to stand up for their rights. But oh yeah, then we might NOT have a puppet government and we might have to think, and all that dumb stuff...