Datsun350Z Posted June 19, 2007 Share Posted June 19, 2007 I was involved in an accident about a month ago. My insurance company said that if they were handling the case, I would be 0% at fault, and the other driver would be 100% at fault. The other company told me today they are denying responsibility for the accident because "I was changing lanes during the accident". I told them I had already made the lane change, and was stopped when he hit me, and that all of their correspondence with me reflects that, as does the damage. They got flustered, and told me that If I disputed the claim I could go through my insurance to fight it. I don't want to have my insurance do this because I'd rather pay the damage than see my premiums increase over $900 of damage. Anyone know about small claims court, or how to start a claim? Do I need a lawyer for this? Will I get my ass handed to me if I don't lawyer up? Do I go after the insurance company, or the driver directly? Quote Link to comment Share on other sites More sharing options...
dr_hunt Posted June 19, 2007 Share Posted June 19, 2007 There are lawyers that love this kind of case, commonly referred as "ambulance chasers", perhaps they will take it on a contingency basis. I suggest that you confer with one at your earliest opportunity. Quote Link to comment Share on other sites More sharing options...
Datsun350Z Posted June 19, 2007 Author Share Posted June 19, 2007 Those are the only type of lawyers I have found. I wasn't injured, so they generally aren't interested. Quote Link to comment Share on other sites More sharing options...
mark Posted June 19, 2007 Share Posted June 19, 2007 have your insurance carrier contact them. Your insurance carrier does not want to pay a claim that is not there responsibility. Have them deal with the at faults insurance. Someone at the other company is trying to make some numbers look good. Maybe a summer bonus comming up. Quote Link to comment Share on other sites More sharing options...
MrFancypants Posted June 19, 2007 Share Posted June 19, 2007 Your insurance premiums won't go up if the other driver is at fault. Your insurance doesnt want to pay the other driver. I see no reason not to involve your insurance company. Do you have a copy of the police report? Did the other driver get cited? Totally sounds like a scare tactic. Your insurance company probably has much better lawyers than you can afford, and they come free with your annual membership - Greg - Quote Link to comment Share on other sites More sharing options...
pete280z Posted June 19, 2007 Share Posted June 19, 2007 Your insurance company may be a very valuable resource here. I had good results with having State Farm pay my claim and then they handled the subrogation. A couple of months later I got a check back for my deductible. It would have been a nightmare for me to handle myself. The other driver was in his employer's delivery truck and didn't speak enough English to tell me who to call for insurance information. State Farm took the police report and handled everything. Quote Link to comment Share on other sites More sharing options...
mikeatrpi Posted June 19, 2007 Share Posted June 19, 2007 I can't believe they're giving you the runaround for only $900. That's pocket change to them. Edit- Best advice is to consult the police report. Quote Link to comment Share on other sites More sharing options...
SteelToad Posted June 19, 2007 Share Posted June 19, 2007 Go through the insurance company. If you're worried about the premiums going up because you files with them, they could just as easily go up because you paid (admitted fault) the damages. Like others have said, let your insurance company fight with theirs. Quote Link to comment Share on other sites More sharing options...
Datsun350Z Posted June 19, 2007 Author Share Posted June 19, 2007 Thanks for the advice. I'm going to fish around with both companies and see where it takes me. My insurance is willing to pay the claim... I have a $500 deductible, and i'd rather pay the $400 out of pocket than even go through them. They seem to want to just pay it though, and aren't interested in going after the other company. I'll keep you updated, and i'll probably be back with more questions. By the way, the Z is in the shop getting the exhaust done. I hope it'll be ready by next week so I can get the bodywork finished up before july. I need to drive it this summer or get rid of it. I'm getting fed up with myself for not making enough progress. Quote Link to comment Share on other sites More sharing options...
RB26240Z Posted June 20, 2007 Share Posted June 20, 2007 This is a small case. Your adjuster will take the file and send it to an arbitrator with all supporting documentation. Based on past experience (as an adjuster) there might be some comparitive liability on your end to, meaning the arbitrator will assess probably a 70/30 liability, or 100% on the other party. It could go both ways. Let your insurance company handle it. By the way, what does the police report say? Good Luck Henry Quote Link to comment Share on other sites More sharing options...
Pop N Wood Posted June 20, 2007 Share Posted June 20, 2007 Stay away from arbitration. There is more than a passing coincidence between the words "arbitration" and "arbitrary". They will assign fault whether it makes sense or not and whether there is enough information to assign fault or not. I had a woman turn left in front of me when I clearly had the green. Although there were 200 people behind me no one stopped to give a statement, so it was my word against hers. It went to arbitration and I got assigned fault for not trying to avoid the accident. My own insurance company said they didn't agree with the arbitration and did not raise my rates, even though there was probably $15K in total damages. Quote Link to comment Share on other sites More sharing options...
quicker240 Posted June 20, 2007 Share Posted June 20, 2007 If you let the other ins. co know you are willing to get a lawyer(whether its true or not),its likely they will write you a check just to be done with it.The adjusters (for both parties) job is to settle the claim for the lowest amount possible.Dont kid yourself that your own ins co. actually cares who is at fault,or how much your rates increase based on some arbitrary fault assignment,they just want it settled as cheaply as possible.Be a thorn in the side of the other guys insurance company.900 bucks is chump change to them,and they will gladly cut you a check to not have to screw around in court,even if they think they would win.Leave your company out of it till you have to.My .02 cents worth. Quote Link to comment Share on other sites More sharing options...
Datsun350Z Posted June 20, 2007 Author Share Posted June 20, 2007 No police report. I called and reported the accident. They said they were on their way. No one came. I had my girlfriend walk to the precinct (3 blocks from the accident) They said they were on shift change. the first available officer would be dispatched. 3 hours later... No one came. Finally flagged down a passing police car. He told me since they didn't see the accident happen, they couldn't file a report. I didn't believe him, and still don't. But I don't want an angry cop filling out my report, or looking for my car later on because I made him feel like a jackass. Quicker: That's the route i'm looking to take. From what i've seen so far, exactly true. They don't care what happens to me. They'll be glad to pay me and jack up my rates, I just won't claim it if that's the case. It's exactly like if I was parked in a parking lot and I saw someone hit me. Why should I bear ANY of the burden for this idiot who wasn't paying attention? Quote Link to comment Share on other sites More sharing options...
sweetleaf Posted June 20, 2007 Share Posted June 20, 2007 Witch insurance company are you with? Their lawyers should be able to handle it for you, without your rates going up. Of course, without a police report you might be a little SOL. Not sure about NYC but in most states you could still go file a police report. Were there any witnesses? Quote Link to comment Share on other sites More sharing options...
Guest 280ZForce Posted June 20, 2007 Share Posted June 20, 2007 ok, what are the odds of a officer or anyone for that matter actually witnessing an accident? Slim to none. I would say 99.9% of all accidents, the officers do not witness, but yet, there are police reports for all accidents reported. SO I think he just didn't want to give you the time or day, which is BS. You should've noted his full name and reported him when you report the accident. Quote Link to comment Share on other sites More sharing options...
RB26240Z Posted June 20, 2007 Share Posted June 20, 2007 If the other company has already decided that their insured is not at fault, they may very well take it to mediation to collect and your insurance company will have to step up and fight otherwise they will have to pay. I am just letting you know how the system works, (not in your favor). I used to work for an insurance co. and quit after 2 years because of how things are done and I did not want to be a part of it. Henry Quote Link to comment Share on other sites More sharing options...
Kevin Shasteen Posted June 20, 2007 Share Posted June 20, 2007 If you plan on pushing this issue then you need to go to the police station and file a report yourself. ALL police reports are heresay since they are not witnessed by the police as 280ZForce said therefor it doesnt matter if they filled the report out on the scene or not...all insureance companies know that the police report is not evidence of fault they are only evidence that an incident occurred. If you wish to take this to small claims court you need a police report enterered into evidence and the report will be accepted as fact until proven otherwise by the other driver. Lawyers dont care about PD-Collision as the damages are minimal and cant be swayed by fancy talk. The damages are what they are. Anything you get from the other carrier is a fixxed amount based on your damages to your car substantiated by the appraisers report. The Lawyer - if you decide to get one, will take 30% of that at the least. NY is one of the most rigid states, and hardest to deal with; as everything requires a State Form to be filed for anything and it must be filed within very strict timelines or the claim will only be accepted with penalties applied to the tarty filing party. Get a police report filed, hand it over to your carrier, let their adjuster deal w/the other carrier and if anything can be obtained in your favor - they will be more capable than you. Your problem is that you dont have any witnesses (were there any passengers in your car or theirs?), or pedestrians that came forward? Were there any side store employees that may have seen the accident? No witnesses...probably no fault to be assigned to the other driver. Without witnesses - it is a "He said She said" scenario. New York is a PURE FORM State regarding Contributory Negligence. This means that even if you are 99% negligent the other driver's carrier must pay you the 1% damage they are at fault. Chances are, if you decide to push this witnessless claim, the carriers will come up with an agreement for a 70/30% fault or a 60/40% fault. In other words, even if the other driver is seen as having the most negligence you will only get 60 to 70% of the damages to your car. The decision to go forward has to be yours - but if you do decide to chase it you really will be better off if you let your carrier handle the issue. Kevin, (Yea,Still an Inliner) Quote Link to comment Share on other sites More sharing options...
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