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Recorded Depostions After an Accident?

Yossarian451

Senior member
To make a long story short, the day before I left houston I am rearended by this guy in on the toll road. Basically traffic was backed up from the traffic light all the way to the exit ramp on the toll road and I stopped but the guy behind me didn't. It made me mad that my car was brand new, less than a month in it, and the the back end was totally jacked and part of the back frame bent. Anyway, the guy had insurance (Home State County Mutual), so I thought it wasn't so bad, but since my insurance requires that we have a police report for the insurance claim I called them. Two and a half hours and two phone calls later no cops show up, so we call my insurace company and they say it is ok not to have a police report. Next day I take the car in and file with my insurance company. Eight weeks and $10,126 later I get my car back, and my insurace has taken the initial cost of repairs (since quite intelligently we went through our insurace company so they would collect and not us).

Now normally the story would end there, but then my parents get a call from some adjuster company for the guys insurance claiming I need to call a number and that they need a recorded statement from me. At first glance this was really odd to me since there were no injuries and it was obvious who was at fault. But my parents said to go ahead and give the statement. So today I was going to call them, but just before I called I looked up the company in google. Glad I did first page is about how they have ongoing complaints about unfair and deceptive trade practices. It basically said don't give them recorded statements and not to sign medical release forms. What worries me is that they are going to pull some stunt and try to screw us, mostly since I am an 18 year old I figure that they will try to put the blame on me and cause much more problems. Luckily it is our insurance company who paid the first bill so the legal battle would be between our insurance and his, but I am still clearing everything through them first. It still smells really fishy to me.

Has this kind of thing happened to any of you? If so what did it turn out like?
 
Originally posted by: Zorro
Cliff Notes

Lazy.. Lazy...😀 I know I am a ranter.

Cliff notes: Guy rearends me. He is at fault. NO injuries. He is insured. I go through my insurance company to get repairs. Get Car Back. Get call and letter from adjusters requiring a recorded statement over the phone. I google the company. It gives bad news of deceptive practices and suits against them by attorney general. WTF?
 
Originally posted by: gtsukada
i've heard you're never supposed to contact the other party, let your insurance do everything for you.

Heh, I did the exact opposite. When this lady hit me I dealt exclusively with her insurance. I never even called up my company. Not even sure if the lady's insurance contacted my insurance. Either way I got my check and my rates haven't budged so I'm not complaining.
 
Call your agent and i wouldn't sweat it as it's your insurance company's problem now. they are the ones who have paid
the money it's there responsibility to get reimbersed
 
Yeah that is pretty much my sentiments, but I am putting it up to them wether I answer it since they could come back and say that they won't pay without it and my insurance company blame it on me.
 
Call your insurance company. The law office I work at and I deal with insurance companies all day every day. Those depositions shouldn't be given without a lawyer present. If it comes down to it, your insurance company will provide and do everything. All you'll probably ahve to do is sign a paper YOUR insurance company sends you saying that you declare the following "you were driving such and such, attached are such documents." The insurance company/their lawyer will do the rest.
 
Originally posted by: Yossarian451
Yeah that is pretty much my sentiments, but I am putting it up to them wether I answer it since they could come back and say that they won't pay without it and my insurance company blame it on me.

Nuh uh, if it comes down to they won't pay, it'll be pretty much like you got hit by an uninsured motorist. Your insurance company will pay for everything and then go after whoever hit you. Don't owrry about them not paying your insurance company and then your company blaming it on you.
 
Originally posted by: Kelvrick
Originally posted by: Yossarian451
Yeah that is pretty much my sentiments, but I am putting it up to them wether I answer it since they could come back and say that they won't pay without it and my insurance company blame it on me.

Nuh uh, if it comes down to they won't pay, it'll be pretty much like you got hit by an uninsured motorist. Your insurance company will pay for everything and then go after whoever hit you. Don't owrry about them not paying your insurance company and then your company blaming it on you.

I apologize I was unclear, my sentiments are that I let my insurance handle everything, and only do that which they tell me I need to do. By doing that it is soley my insurace company that makes the decions and that I am not repsonsible for any legal actions.
 
Originally posted by: Yossarian451
Originally posted by: Kelvrick
Originally posted by: Yossarian451
Yeah that is pretty much my sentiments, but I am putting it up to them wether I answer it since they could come back and say that they won't pay without it and my insurance company blame it on me.

Nuh uh, if it comes down to they won't pay, it'll be pretty much like you got hit by an uninsured motorist. Your insurance company will pay for everything and then go after whoever hit you. Don't owrry about them not paying your insurance company and then your company blaming it on you.

I apologize I was unclear, my sentiments are that I let my insurance handle everything, and only do that which they tell me I need to do. By doing that it is soley my insurace company that makes the decions and that I am not repsonsible for any legal actions.

Ok. 🙂 Just please don't be a dick to their lawyers? We tried to get this one guy to sign some papers one time (liek a week ago) and he would constantly bitch and never tell us what is wrong. He refused to do anything but belittle everyone until he got to speak to the main attorney (who avoids taking calls like the plague). All we were trying to do is sue the guy that hit him for his insurance company for damages along with the guy's deductable and any other possible expenses he might have had. Why make the people who are trying to get you money hate you? This guy made it on our list of worse people ever.

This is directed to the people we try to collect from. I don't get why people think they'll be better off pissing off the people who can ruin them. We can pull licenses, garnish wages, put liens on your house, take your house, why would you make it so we hate you to the point to where we're not just doing our job, but making it a personal vandetta against you? I feel bad when I take your house and garnish your wages, but have the ability to talk my client (the insurance company suing your ass to take lower monthly payments, waive suit costs against you (that we can make you pay by way of the courts), along with flexible payment dates.

Ahh well, end rant.
 
Originally posted by: Kelvrick
Originally posted by: Yossarian451
Originally posted by: Kelvrick
Originally posted by: Yossarian451
Yeah that is pretty much my sentiments, but I am putting it up to them wether I answer it since they could come back and say that they won't pay without it and my insurance company blame it on me.

Nuh uh, if it comes down to they won't pay, it'll be pretty much like you got hit by an uninsured motorist. Your insurance company will pay for everything and then go after whoever hit you. Don't owrry about them not paying your insurance company and then your company blaming it on you.

I apologize I was unclear, my sentiments are that I let my insurance handle everything, and only do that which they tell me I need to do. By doing that it is soley my insurace company that makes the decions and that I am not repsonsible for any legal actions.

Ok. 🙂 Just please don't be a dick to their lawyers? We tried to get this one guy to sign some papers one time (liek a week ago) and he would constantly bitch and never tell us what is wrong. He refused to do anything but belittle everyone until he got to speak to the main attorney (who avoids taking calls like the plague). All we were trying to do is sue the guy that hit him for his insurance company for damages along with the guy's deductable and any other possible expenses he might have had. Why make the people who are trying to get you money hate you? This guy made it on our list of worse people ever.

This is directed to the people we try to collect from. I don't get why people think they'll be better off pissing off the people who can ruin them. We can pull licenses, garnish wages, put liens on your house, take your house, why would you make it so we hate you to the point to where we're not just doing our job, but making it a personal vandetta against you? I feel bad when I take your house and garnish your wages, but have the ability to talk my client (the insurance company suing your ass to take lower monthly payments, waive suit costs against you (that we can make you pay by way of the courts), along with flexible payment dates.

Ahh well, end rant.

Understood, and I have no intention of doing anything but acting in a professional manner. I don't act like an @ss to people for doing their jobs. But if they were to act like jackasses it would only speak more poorly for them in court. But if they try to harrass I would probably lessen my level of professionalism. However i don't anticipate that. But here is a link to the business practices of these people http://www.drjohnbaker.com/homeafteragree.htm
 
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