Got into accident (t-boned), insurance company not wanting to pay

Discussion in 'Off Topic' started by CptCrunch, Nov 6, 2009.

  1. CptCrunch

    CptCrunch Golden Member

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    So, this hasn't been confirmed, but it appears the other party's insurance company is not wanting to pay on the claim (surprise surprise) because the car wasn't covered, even though the driver was.

    Alright - backstory: I basically got t-boned while driving down a side street. Got a police report, and after a week of fighting, finally got the guy's real name and driver's license number, and finally found his insurance information.

    So I filed a claim, and heres what happened: The accident was on 10/28/2009 and the asshat didn't get insurance on the vehicle until 11/02/2009. Now granted, he was "insured" under his wife's policy, but the vehicle was not. Apparently he bought the car the day he hit me, and he neglected to get insurance on it until he had to go to court (2 citations, driving on a suspended license and failure to clear cross traffic when emerging from a driveway).

    So, the insurance company is not wanting to pay (no final decision yet) because the vehicle wasn't insured, even though he was. Any suggestions on how to fight this with their insurance company if they wont pay or what the laws are in Ohio (I live in Kentucky, he lives in Ohio, accident occurred in Ohio) regarding this sort of thing.

    I was always under the understanding (insurance agents correct me) that if I have insurance, I'm covered no matter what vehicle I drive. Now, I understand I can file this with my insurance company and they can duke it out with the other guy's, but I dont want a claim on a policy that is only 2 weeks old (1 week at time of accident), which may raise my rates if I decide to switch companies.

    Cliffs:
    Got t-boned
    Guy didn't get insurance on the vehicle until court date 5 days later
    Guy was insured when he hit me
    Insurance company doesn't want to cover claim because the car wasn't insured (not final)
     
  2. JoPh

    JoPh Diamond Member

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  3. Dr. Detroit

    Dr. Detroit Diamond Member

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    Let your insurance Company handle this.

    Stay the F out of it and let them do the job you pay them every month for.
     
  4. TwiceOver

    TwiceOver Lifer

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    Can't even drive off the lot here without insurance (paid in full or not). I'd say hand it over to your insurance, that is what they are for.
     
  5. DrunkenSano

    DrunkenSano Diamond Member

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    Unless you're a lawyer, don't do anything except give your Insurance Company the data they request from you. If you want to sue the other guy, let your lawyer handle everything.
     
  6. Caecus Veritas

    Caecus Veritas Senior member

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    yes, claim this through your insurance first and have them deal with it. at least in ca, they can't raise your existing policy's premium because of this as it doesn't count against you.
     
  7. techs

    techs Lifer

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    The real solution is more effective government regulation of insurance companies.

    Many years ago insurance companies routinely screwed their customers.
    Which is why every state now regulates the insurance industry.
    Push for an initial level arbitration plan that would let you the insurance holder explain your case to an impartial arbiter. That would mean you wouldn't have to pay a lawyer, and it would resolve many of your types of issues more quickly and cheaply.

    btw push for non binding arbitration. If the insurance company loses yet doesn't pay, you can much easier get a lawyer since its on record they lost. Plus the evidence they have to present can be used against them in court.
    Under these types of government regulation if the insurance company loses in arbitration yet takes it to court they must reimburse your lawyers fees so you get the full amount. Plus they can then be held responsible for damages for not paying the claim promptly.
     
  8. Fritzo

    Fritzo Lifer

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    That's what lawyers are for dude. Get one. They'll only get paid if you win, and they usually get you a few bucks more than you would normally get.
     
  9. Nik

    Nik Lifer

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    Bolded is arbitrary, can/will change depending on the lawyer.
     
  10. Saint Nick

    Saint Nick Lifer

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    So its safe to say your car got captain crunched?
     
  11. Nik

    Nik Lifer

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    [​IMG]
     
  12. M0oG0oGaiPan

    M0oG0oGaiPan Diamond Member

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    let your insurance company sue him.
     
  13. alkemyst

    alkemyst No Lifer

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    looks at OP's username and ponders.
     
  14. CptCrunch

    CptCrunch Golden Member

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    heh

    It wasn't a bad accident, only $2000 in damage, because it was a low speed collision. I'm following up with my insurance agent and getting him involved. I told him about the accident after it happened, but didn't file a claim just yet.

    It was interesting, after talking to the insurance adjuster from his insurance company, she was refusing to take responsibility even after seeing the police report that placed him solely at fault. Funny fuckers they are
     
  15. Redfraggle

    Redfraggle Platinum Member

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    I didn't know any state would let a customer take a car off the lot without insurance. I know that NC does not, as I used to sell cars in this state. Unless you were at fault (and I doubt it from what you've said), file it through your insurance company. They won't raise your rates for an accident that wasn't your fault (usually), especially if you had a clean record previously. This situation is why you have an insurance company. You are not going to win against his company, but your company will have clout to do something about it.
     
  16. LTC8K6

    LTC8K6 Lifer

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    He had liability insurance correct? So I don't see the problem. He had insurance for the accident and that company should be paying. I'd just tell your insurance company everything and let them handle it.

    After all, liability insurance is all you need to drive legally.
     
  17. Redfraggle

    Redfraggle Platinum Member

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    That isn't surprising. Admitting fault means them having to pay right away. Since they insured him and not the car (as I understand from the story), they are going to try to not pay out money.
     
  18. MotF Bane

    MotF Bane No Lifer

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    You pay your insurance company to deal with this shit. Give them whatever information they ask for, and let them take care of it.
     
  19. JDub02

    JDub02 Diamond Member

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    seriously, what everyone else said ... you call your insurance company and they give you $$. then they go after the other guy and his insurance company. they have lots of lawyers who are very interested in collecting.
     
  20. jupiter57

    jupiter57 Diamond Member

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    It is a common misconception that so long as a person has insurance on any vehicle, they are covered under that policy whatever they are driving.
    This is not true (at least in KY), each individual vehicle must be insured.
    If he was driving an uninsured vehicle, you either let your insurance co. go after him (unlikely), or lawyer up.
     
  21. mugs

    mugs Lifer

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    Do you ever post anything in OT that is not about politics? I know you know we have a Politics forum here, because you post in it. The reason that forum exists is to keep politics separate from Off Topic. Posts about politics are unwanted here. Please go back to P&N.
     
  22. caspur

    caspur Senior member

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    *Insurance follows the car. You don't need an insurance agent to tell you that.

    *CaptCrunch is a tard for not telling the whole story.

    *Police do not determine liability.

    *Lawyer for a 2k PD claim? You think a lawyer will actually take that? Not many lawyers here apparently.
     
  23. olds

    olds Elite Member

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    OP, do you have insurance?
     
  24. Kev

    Kev Lifer

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    I had an accident where the other party was at fault. They only had minimum coverage which was not enough to cover the damages. I just let geico handle it. They try to go after the driver himself, and that didn't work so they ended up paying the difference. My rates never went up. In fact they went down slightly.
     
  25. edro

    edro Lifer

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    If their insurance won't cover it, you go through your insurance.
    Your insurance will pay, but you will probably have to pay your deductible.
    You can get repairs done at a cheaper place that will cover your deductible.