What to do when car wreck is disputed?

[CZroe]

Geico tried to screw me over TWICE now. After showing her the scratches on the rear door, one customer of thiers threw a fit when I suggested that the marks on my front door and sideview mirror were also from her minivan. I then had to show her the red mark on her silver hood (my car is red). She took pictures of everything and then tried to fight it in court. I made sure to be there and keep her from weaseling out of it, but even though she lost and had to pay for the ticket, Geico refused to pay and still hasn't Because of another recent incident, I'm going to give them the double-whammy from my insurance comany (I can still claim that one from 2004). Even though I showed up in court and sat there all day as instructed, the city prosecutor lady got up and said that "it looks like [my name] isn't here so I'll just have to procede without" until I stood up and then started prosecuting the lady myself! They actually had to remind me that it was the prosecuor's job to ask the questions! I showed up the same day on the previous week and sat through the entire day's proceedings thanks to misinformation from a family member, so it's kinda funny that they would just assume that I wasn't there whn I had been there approximately three times as long as I should have been. The deductible from my insurance was just too high to bother with over some cosmetic damage, but in light of the most recent incident*, it's worth it just to give them the ol' one-two punch nd hopefully make them submissive.

*stopped at red light then rapidly crossed intersection when green-lighted and another vehicle which was stopped in the oncoming turn lane somehow accellerated enough from a stand-still while trying to beat my lane's traffic to total my vehicle (*right* into the driver's side). They aren't trying to claim that I didn't have a green light, and they got the ticket, so it's indisputably their fault. In this case, it's simply the insurance company refusing to take care of the car or pay for it because they can't agree on the value/worth. It's been all Summer without even so much as a rental.

 

[SmoochyTX]

You're probably both going to be considered at fault.

And why does it matter when he got his insurance as long as he had insurance at the time of the incident?

 

[Itchrelief]

Originally posted by: nwrigley

I've spoken to both my insurance agency and his several times. My insurance agent told me it is best to wait to see if his insurance claims liability before they get involved. Basically, if they end up fighting over it, I would have to pay my deductible and would be reimbursed once the case is settled based on how much they were able to get. She said that she has seen it take up to 3 years (worse case scenario) for a person to get their money back.

I'm no auto insurance expert, but I'd rather file a claim through MY insurance company anyways, just so they have some skin in the fight. The deductible you can get back through subrogation.

You've been paying $$$ for collision coverage. Make it work for you. Even if you never see your deductible, if the car was worth repairing to begin with, the repair costs will be much greater than whatever deductible you get screwed out of.

Oh, and what's so great about subrogation is YOUR INSURANCE COMPANY fights the other guy's insurance company to get their (and your) money back. You get your deductible back in the process.

Honestly, I have more faith in some huge corporation's agents, whose entire rationale for having a job is this sort of negotiation, to get your deductible back than you on your own, assuming you're just an average guy with average knowledge of these things.

 

[IGBT]

..I keep a cheap camera in my truck for such events. picture's worth 1k words.

 

[IanE]

Am I the only one that finds it somewhat humorous that a $500 car caused more than $500 worth of damage?

Take him down. No mercy. I'd be furious if somebody lied to get out of getting what they deserved... >=[

 

[MrDudeMan]

Originally posted by: IanE
Am I the only one that finds it somewhat humorous that a $500 car caused more than $500 worth of damage?

Take him down. No mercy. I'd be furious if somebody lied to get out of getting what they deserved... >=[

That's how I feel as well.

 

[nwrigley]

Originally posted by: IGBT
..I keep a cheap camera in my truck for such events. picture's worth 1k words.

I did take pictures after the cars were moved off the road. The pictures show the marks on the road indicating where the crash happened. I moved my car off the road right when the accident happened, because I came to a stop turned across a traffic lane.

 

[nwrigley]

Originally posted by: IanE
Am I the only one that finds it somewhat humorous that a $500 car caused more than $500 worth of damage?

Take him down. No mercy. I'd be furious if somebody lied to get out of getting what they deserved... >=[

I know there is no misunderstanding here: he is intentionally lying. For that reason, I am definitely not in a mood to show mercy. I'm just not sure what the best course of action is to take the fight to him without causing myself any unnecessary hassle. I think I'll need to talk to a lawyer to see what my options are.

 

[mrrman]

any witnesses??

 

[MegaVovaN]

Let me guess, it was in the South, where people are nice but stab you in the back?

edit: nvm

 

[OS]

i'm not sure how your injury will come into play, but i had a somewhat similar incident couple years ago;

a big rig made a left turn through my lane and i was incoming from the other direction and i ran into him. The police at the time claimed i was speeding despite there being no particular evidence of such. There were like 40 feet of skid marks, but that is not enough to show high speeds.

Additionally, CA VC explicitly states that any vehicle making turns through incoming traffic must not block traffic at ANY time during the turn. I pointed this out to my insurance company, and that in fact because big rigs are particularly large vehicles, they need to be more aware that turning through incoming traffic blocks other cars for a longer time.

Anyways, I just claimed all my vehicle damages to my own insurance, which they paid for and they went after the other guy's insurance policy themselves. I later got my deductible back, which almost certainly means my insurance co successfully collected from the other party's insurance.

 

[nwrigley]

Originally posted by: mrrman
any witnesses??

I wish. Several people would have seen it, but no one stopped.

 

[nwrigley]

I feel like I won't be satisfied until I go after this guy (through the legal system). I'm not sure what my options are, but I won't feel right letting a guy intentionally lie in an effort to screw me over. At the bare minimum, I won't stop until I am repaid 100% for all money that comes out of my pocket. Beyond that, I at least want to make him sweat and put him through as much stress and aggravation as he's put me through.

If he thinks he can push me around, I want to show him that he's wrong.

 

[Itchrelief]

Originally posted by: nwrigley
I feel like I won't be satisfied until I go after this guy (through the legal system). I'm not sure what my options are, but I won't feel right letting a guy intentionally lie in an effort to screw me over. At the bare minimum, I won't stop until I am repaid 100% for all money that comes out of my pocket. Beyond that, I at least want to make him sweat and put him through as much stress and aggravation as he's put me through.

If he thinks he can push me around, I want to show him that he's wrong.

Good luck. It seems maybe you're out for vengeance at this point. I'd stop and ponder if perhaps your anger is clouding your judgment.

Honestly, the least aggravating thing you could have done was just put in a collision claim to your insurance company and let them deal with this liar.

If you're motivated enough, though, I'm sure you can make his life hell.

 

[Capt Caveman]

I'm sure it varies by state but since you were in the road and he was trying to enter it from the Apt Entrance, you had right of way. In MA, he would be at fault 100%. You should be able to final a claim thru your insurance company and they should be able to collect everything from the other driver's insurance company without any deductible out of your pocket.

 

[alkemyst]

Originally posted by: nwrigley

Originally posted by: bctbct
Did the police ticket him?

No, the police did not ticket him.

A ticket isn't needed really, the report is a good third party account by a trusted source of what occured.

A police officer may balk about 'they can't do anything', just ask them you'd like to report it not looking for blame.

This is invaluable.

Also 9 times out of 10 your insurance card has a 24 hour reporting number. I'd definitely use it and find out what they recomnend you do.

I was involved in an accident where some chick decided to make a left turn at an intersection in front of me because the guy in front of her went. I was able to avoid him, but nailed her broadside. I was in my VR6 GTI at the time. It was modified and a little louder than stock. What happened at the scene was screwed up.

In the car behind her (which were later found to be friends of her parents) were witnesses that claimed I had a red light and was going about 100 miles per hour (in a 45). Now I was sort of freaking because they were calling and telling others to show up to 'witness' an accident. I got on the phone and called police just to make sure they had done so (they said they reported it....turned out they really hadn't yet).

Cops get there and the other people are freaking out yelling that I was drving like a maniac. My g/f was a bit banged up. The girl that was driving the other car had wrapped herself in blanket with a big teddy bear and was rocking back and forth at the scene (turns out she had some mental issues we found out later and it was her first week driving).

The cop told me the people in the other car live right next door to the other driver...they were claiming they didn't know her at all and just happened to live next to her. At the same time the tow truck arrived. The driver witnessed the accident...although he saw me missed the first driver and thought I made it through. He had told the cop he had passed me before the intersection and I could not have been going much more than the speed limit. He stated the light had just turned green for him and I was close behind him. He stated right after he passed the intersection a jeep jumped the light and he had told I was going to hit that driver. Once he saw that guy make it, he thought I did too. During this time 3 other cars pulled up to be witnesses. Only one tried to make a statement and the cop told them it was obvious they all know the driver of the other car (they all were hugging and handshaking when they got there).

Accidents can be fvcked.

I don't know what would have happened to my record/insurance if I didn't get lucky.

 

[Mill]

Geico will never pay you shit. I watched an accident unfold two months ago in which a Geico driver ran a red light and nailed a guy going straight. There were 8 witnesses (including me) that stopped and gave reports to the police. We all said the same thing -- Geico driver ran the light and hit the car going straight.

I got a call a few weeks ago. The insurance of the guy got hit called me. They took a tape-recorded statement of what I saw. They said Geico was refusing to pay. They made a determination that the Driver who was hit was going 45 in a 40, so they are not going to pay. They don't care that their driver ran a light.

Fuck Geico. I'd never do business with those nuts.

 

[hanoverphist]

Originally posted by: Capt Caveman
I'm sure it varies by state but since you were in the road and he was trying to enter it from the Apt Entrance, you had right of way. In MA, he would be at fault 100%. You should be able to final a claim thru your insurance company and they should be able to collect everything from the other driver's insurance company without any deductible out of your pocket.

in arizona too. well, never 100%. they knock off 5% usually, since you took it upon yourself to get behind the wheel.

 

[alkemyst]

Originally posted by: Mill
Geico will never pay you shit. I watched an accident unfold two months ago in which a Geico driver ran a read light and nailed a guy going straight. There were 8 witnesses (including me) that stopped and gave reports to the police. We all said the same thing -- Geico driver ran the light and hit the car going straight.

I got a call a few weeks ago. The insurance of the guy got hit called me. They took a tape-recorded statement of what I saw. They said Geico was refusing to pay. They made a determination that the Driver who was hit was going 45 in a 40, so they are not going to pay. They don't care that their driver ran a light.

Fuck Geico. I'd never do business with those nuts.

My brother dealt with that, they paid in the end. Minor fender bender to his Porsche, $10000 claim. They nickle and dimed everything even disputing his factory optioned Aero kit. In the end it took strong arming to get them to pay out. The actual repairs came in at $12,500.

I am with allstate, haven't tested them yet. State Farm dropped me after one minor claim and my family when I was about 18. My dad was with them 20+ years without a claim on house or car and one business. Progressive was good to me on a couple accidents I was in (not at fault).