Today's car accident victim is...me

[Ns1]

Originally posted by: sactoking

You're discussing some different topics here.

What I think Fatdog is saying: "Dude, if you're 80% at fault, your rates are going up either way you make your claim."

This is TRUE

I went through their insurance company, was ruled 20% at fault (per their insurance company), and my rates did not go up.

 

[Tobolo]

Don't take the 80% and tell that that you will take it up with a civil suit. Wait a week or so and if nothing happens call your insurance company.

 

[amdhunter]

Originally posted by: Beev

Originally posted by: Fatdog
Either way your insurance is going to go up, unfortunately. Even if you don't call them, they will see it on your record when they pull it for renewal purposes. Might as well call them and see what they recommend.

I know this is true, because I've seen it happen, and it's buttfucking RETARDED. If someone is in an accident and they were 100% not at fault, why the fuck should their insurance go up?

I got rear ended twice in my Civic in 1 years time. My insurance went down almost $100. Geico got my deductible back both times.

I just got rear ended again last week. Other person is 100% at fault, and my insurance rate will probably drop again.

I guess its what company you have. Geico might be a hair more expensive than others, but they are at least fair to their drivers in my experience.

 

[NoCreativity]

Originally posted by: Beev

Originally posted by: Fatdog
Either way your insurance is going to go up, unfortunately. Even if you don't call them, they will see it on your record when they pull it for renewal purposes. Might as well call them and see what they recommend.

I know this is true, because I've seen it happen, and it's buttfucking RETARDED. If someone is in an accident and they were 100% not at fault, why the fuck should their insurance go up?

Not true in all cases. I got in an accident, rear ended. Guy who hit me didn't have insurance, I claimed on my insurance (Allstate), he paid my deductible, my insurance didn't go up.

Also had a couple other not at fault accidents a while back and my insurance (AAA) never went up.

This was in Michigan which is a no fault state so you always go to you own insurance AFAIK.

 

[SarcasticDwarf]

Ack, let me reply to everyone at once:

1) I do not believe I mentioned my speed, but it was right at the speed limit. It is a small town and I do NOT speed in town.

2) They said I should have been able to swerve based on the damage location and the street.

3) Skids were not measured. The cops came, asked us about it, we both said the same things, cops issued him a citation (I did not get one).

4) I initially went through HIS insurance as that is the recommended way to go initially. That is from both a relative who was an agent AND my agent.

5) The damage is ~$1200 (plus loss of vehicle for two days). My deductible is (I think) $1k, so going through my own insurance has serious disadvantages.

 

[Ns1]

Originally posted by: SarcasticDwarf
Ack, let me reply to everyone at once:

1) I do not believe I mentioned my speed, but it was right at the speed limit. It is a small town and I do NOT speed in town.

2) They said I should have been able to swerve based on the damage location and the street.

3) Skids were not measured. The cops came, asked us about it, we both said the same things, cops issued him a citation (I did not get one).

4) I initially went through HIS insurance as that is the recommended way to go initially. That is from both a relative who was an agent AND my agent.

time to go through your agent.

 

[mrSHEiK124]

Originally posted by: KevinCU

Originally posted by: Beev

Originally posted by: Fatdog
Either way your insurance is going to go up, unfortunately. Even if you don't call them, they will see it on your record when they pull it for renewal purposes. Might as well call them and see what they recommend.

I know this is true, because I've seen it happen, and it's buttfucking RETARDED. If someone is in an accident and they were 100% not at fault, why the fuck should their insurance go up?

Definitely butt-fucking retarded. This is way past vaginal-fucking retarded.

I'd put it past butt-fucking retarded as well, this is in the realm of nostril-fucking retarded.

 

[Blieb]

You need to fight it.

Call your agent. When I did this in the past, they said the amount wasn't worth it for them to get involved.

I fought DAILY with the other guy's insurance company for about 3 weeks until they caved.

It was NOT your fault, unless being on the same road at the same time makes you somehow responsible.

 

[eits]

Originally posted by: Codewiz

Originally posted by: eits
go to a chiropractor

Seriously, do you have a hardon for chiropractors. I see you recommend them in every thread you can. WTF

people don't usually think to see a chiropractor when things like this happens (or other things happen). that's why i drop the comments. it will probably end up saving them a lot of wasted money, time, degeneration, and pain down the road if they go to see a chiropractor before they see an md in many cases, this being one of those cases.

 

[Onita]

Originally posted by: eits

Originally posted by: Codewiz

Originally posted by: eits
go to a chiropractor

Seriously, do you have a hardon for chiropractors. I see you recommend them in every thread you can. WTF

people don't usually think to see a chiropractor when things like this happens (or other things happen). that's why i drop the comments. it will probably end up saving them a lot of wasted money, time, degeneration, and pain down the road if they go to see a chiropractor before they see an md in many cases, this being one of those cases.

And that is part of the reason that chiros have bad reputations.

 

[looker001]

Tell the insurance company to take a big hike. Call your insurance company and let them deal with it. Also if you like you can instead hire a lawyer and make some money. Check your state law, if you even have to avoid an accident. I know for a fact, that in state of California, you don't have to avoid the accident and it will not be counted against you(personal experience)

 

[looker001]

Originally posted by: Fatdog
Either way your insurance is going to go up, unfortunately. Even if you don't call them, they will see it on your record when they pull it for renewal purposes. Might as well call them and see what they recommend.

Is your state modify no-fault state? If so yes i can see both side insurance going up. However if your state is not no fault state. that statement is false.

 

[Auggie]

Call and tell your insurance company what happened. It's pretty much bullshit for their client to be issued a citation (being in the wrong) and then not having the responsibility of paying for everything.

 

[sactoking]

Just so people know about this accident and all others that will inevitably discussed in ATOT:

Criminal liability, such as being issued a citation, does NOT directly correlate to civil liability, such as in an auto accident.

It is entirely plausible for two people to be in an accident, have 1 person get cited, and the other driver is 100% at fault.

Edited to add:

And a citation does not mean that the cited driver is always 100% at fault.

 

[zoiks]

Originally posted by: SarcasticDwarf
Ack, let me reply to everyone at once:

1) I do not believe I mentioned my speed, but it was right at the speed limit. It is a small town and I do NOT speed in town.

2) They said I should have been able to swerve based on the damage location and the street.

3) Skids were not measured. The cops came, asked us about it, we both said the same things, cops issued him a citation (I did not get one).

4) I initially went through HIS insurance as that is the recommended way to go initially. That is from both a relative who was an agent AND my agent.

5) The damage is ~$1200 (plus loss of vehicle for two days). My deductible is (I think) $1k, so going through my own insurance has serious disadvantages.

I was just in an accident with the other party being at fault. I immediately called my insurance company and told them everything. They had a bunch of questions that I answered and then I was told that I could go home. My insurance company had the claim adjuster call me. She dealt with the other party's insurance company (Allstate). Allstate called me and asked me the same bunch of questions. They then told my claim adjuster that they'll foot the bill. They waived my deductible ($200) and my car is currently at the body shop.
On a side note, these auto body shops have a racket going. There was a dent on the door and on the fender but those were pretty small. They're charging the insurance company close to 4000 for that.

 

[jagec]

Originally posted by: eits

Originally posted by: Codewiz

Originally posted by: eits
go to a chiropractor

Seriously, do you have a hardon for chiropractors. I see you recommend them in every thread you can. WTF

people don't usually think to see a chiropractor when things like this happens (or other things happen). that's why i drop the comments. it will probably end up saving them a lot of wasted money, time, degeneration, and pain down the road if they go to see a chiropractor before they see an md in many cases, this being one of those cases.

Why, because it artificially inflates the dollar value of the claim and makes it seem like some medical condition exists when it does not?

Scamming insurance companies may be fun, but it's immoral.

Ram 1500 vs. Tercel, and the OP doesn't even make mention of ANY pain or soreness, and you want him to go to a chiropractor. I bet you'd recommend a chiropractor if I so much as stubbed my toe on a couch cushion.:roll:

 

[looker001]

Originally posted by: jagec

Originally posted by: eits

Originally posted by: Codewiz

Originally posted by: eits
go to a chiropractor

Seriously, do you have a hardon for chiropractors. I see you recommend them in every thread you can. WTF

people don't usually think to see a chiropractor when things like this happens (or other things happen). that's why i drop the comments. it will probably end up saving them a lot of wasted money, time, degeneration, and pain down the road if they go to see a chiropractor before they see an md in many cases, this being one of those cases.

Why, because it artificially inflates the dollar value of the claim and makes it seem like some medical condition exists when it does not?

Scamming insurance companies may be fun, but it's immoral.

Ram 1500 vs. Tercel, and the OP doesn't even make mention of ANY pain or soreness, and you want him to go to a chiropractor. I bet you'd recommend a chiropractor if I so much as stubbed my toe on a couch cushion.:roll:

Welcome to the real world. I am sorry but who cares if it's immoral, the fact is that op got in to an accident and is well within his rights to see a chiropractor. Who are yo to decide if op is in pain or not?

 

[KK]

I'd call the kids insurance company back and ask them where to send the medical bills to.

 

[SarcasticDwarf]

Updated again in op.

 

[KK]

Originally posted by: SarcasticDwarf
Updated again in op.

psst. It's the 10th today. 😛

 

[Rumpltzer]

Originally posted by: eits

Originally posted by: Codewiz

Originally posted by: eits
go to a chiropractor

Seriously, do you have a hardon for chiropractors. I see you recommend them in every thread you can. WTF

people don't usually think to see a chiropractor when things like this happens (or other things happen). that's why i drop the comments. it will probably end up saving them a lot of wasted money, time, degeneration, and pain down the road if they go to see a chiropractor before they see an md in many cases, this being one of those cases.

I dislocated my pinkie this weekend. It was pointing off to the right after my hand slipped off the edge of the tub and hit the floor. I couldn't believe it.

I stared at it for a few minutes, wondered what to do, then I pulled on it until it went back into place.

Should I go to the chiropractor? 😀

 

[sactoking]

Originally posted by: SarcasticDwarf
Updated again in op.

If you go the bad faith route, you should know that third-party bad faith claims in Montana are covered under the Unfair Trade Practices Act (UTPA), specifically 33-18-242.

33-18-242. Independent cause of action -- burden of proof. (1) An insured or a third-party claimant has an independent cause of action against an insurer for actual damages caused by the insurer's violation of subsection (1), (4), (5), (6), (9), or (13) of 33-18-201.
(2) In an action under this section, a plaintiff is not required to prove that the violations were of such frequency as to indicate a general business practice.
(3) An insured who has suffered damages as a result of the handling of an insurance claim may bring an action against the insurer for breach of the insurance contract, for fraud, or pursuant to this section, but not under any other theory or cause of action. An insured may not bring an action for bad faith in connection with the handling of an insurance claim.
(4) In an action under this section, the court or jury may award such damages as were proximately caused by the violation of subsection (1), (4), (5), (6), (9), or (13) of 33-18-201. Exemplary damages may also be assessed in accordance with 27-1-221.
(5) An insurer may not be held liable under this section if the insurer had a reasonable basis in law or in fact for contesting the claim or the amount of the claim, whichever is in issue.
(6) (a) An insured may file an action under this section, together with any other cause of action the insured has against the insurer. Actions may be bifurcated for trial where justice so requires.
(b) A third-party claimant may not file an action under this section until after the underlying claim has been settled or a judgment entered in favor of the claimant on the underlying claim.
(7) The period prescribed for commencement of an action under this section is:
(a) for an insured, within 2 years from the date of the violation of 33-18-201; and
(b) for a third-party claimant, within 1 year from the date of the settlement of or the entry of judgment on the underlying claim.
(8) As used in this section, an insurer includes a person, firm, or corporation utilizing self-insurance to pay claims made against them.

It always helps to have the law handy if you're going to cite it. Blindly screaming 'bad faith!' is usually bad, mmmmm'kay.

 

[jagec]

Originally posted by: looker001
I am sorry but who cares if it's immoral

Moral people do.

Originally posted by: looker001
Who are yo to decide if op is in pain or not?

The OP is the one to make that decision. He doesn't mention any pain, he doesn't mention any doctors' visits, and yet eits feels that he MUST GO TO THE CHIROPRACTOR RIGHT NOW, since obviously eits knows whether the OP is feeling pain or not, even if I don't. Why aren't you jumping down HIS throat?

 

[SarcasticDwarf]

Originally posted by: sactoking
If you go the bad faith route, you should know that third-party bad faith claims in Montana are covered under the Unfair Trade Practices Act (UTPA), specifically 33-18-242.

Ah man, you totally beat me to it. And here I was going to walk over to the law library😛

Thanks. Now to spend to hours deciphering it.

 

[sactoking]

Originally posted by: SarcasticDwarf

Thanks. Now to spend to hours deciphering it.

33-18-242 (1): Your bad faith claim is independent of any first party bad faith claims (i.e. those made by the insured person)
33-18-424 (2): You only need to prove that this one thing was bad faith, not that the defendant made bad faith practices part of their normal business practices
33-18-242 (3): Does not apply, only applies to first-person insureds
33-18-242 (4): Damages can be consequential (i.e., for the damage caused) and exemplary (i.e., to punish the wrongdoer)
33-18-242 (5): Insurer can't be guilty of bad faith if their actions were legal
33-18-242 (6)(a): Does not apply
33-18-242 (6)(b): You can't file for bad faith until AFTER the underlying claim has been settled
33-18-242 (7)(a): Does not apply
33-18-242 (7)(b): You statute to file a bad faith lawsuit is 1 year from the date you settle your claim
33-18-242 (8): Does not really apply, it just defines 'insurer'