not at fault; other driver's insurance wants to deny the claim
Lica
other driver's fault. I have a copy of the police report
and it clearly states that it was her fault. Yet, the
police officer did not give her a ticket for running the
red light because his reasoning was if he were to give her
a ticket then she would be more worried about taking care
of the ticket rather than taking care of my car. Well, the
damage to my car is at least $5000 and her insurance
company which is metlife has not determined who is liable
even though they have the police report. The adjustor told
me they need her statement before they can determine who is
liable. And if he doesn't get a hold of her then they'll
deny the claim. He has been trying to reach her and she
won't return his calls and has obviously been avoiding the
letters he has been sending her. Is it true they need her
statement even though they have my statement and the police
report? The adjustor told me they can't go on the police
report alone since the officer did not write her a ticket.
Is this true? It seems to me that he's using that as an
excuse to prolong this. I think I have been patient
enough. Please help!!
* Sent from AltaVista http://www.altavista.com Where you can also find related Web Pages, Images, Audios, Videos, News, and Shopping. Smart is Beautiful
Todd Copeland
can issue a citation for running the light... but does not issue a citation for being liable in the accident. Usually they go hand in hand... but there are
also degrees of liability. If I fail to stop at a red light and enter an intersection it does not give someone else the right to just hit my vehicle. Also,
the officer did not witness the accident. He/She relied on the statements of the people in the accident (does not appear there were any witnesses). I don't
think it would be prudent to take information 3rd hand in every situation. Better to speak to the drivers directly. I cannot tell you how many police reports
I've seen that were incorrect (saw another one yesterday).
Please keep in mind that the insurance company has a _duty_, by contract, to protect their insureds interest. Will your loss over ride this duty? No. They
also have a fiduciary responsibility to you. Will this be placed first? Again, no. I doubt it's likely they will actually deny the claim if they cannot reach
their insured, though it's possible. This is one reason why you may want to consider obtaining collision insurance. It protects _your_ interest in your
vehicle.
Allan
client without speaking to them first..... Suppose your company paid a claim
and raised based on this claim without even bothering to ask your side of
the story first? Would you be upset? I know I sure would. They are
representing the other party in the accident. They have a contractual
obligation to do so.
If you don't want to wait for them to talk with their client first, you have
2 options. First is to have your car repaired using your collision coverage,
and second is suing the other driver. Were I in your position, I'd probably
choose the first....
Allan
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acap
their policyholder, they would not have much ammunition to fight your claim
with, and they do not have a half decent defence, they can only go on the
evidence that is available, in theory therefore, you should win. Also if
their client is not contactable and you sue, you would win by default.
(according to british law anyway)
Allan <Pref...@uswest.net> wrote in message
news:YZw84.383$G_6....@news.uswest.net...
ted_b...@my-deja.com
Lica <licanavar...@usa.net.invalid> wrote:
> I was in a car accident about a month ago where it was the
> other driver's fault. I have a copy of the police report
> and it clearly states that it was her fault.
Keep in mind Lica that the person who hit you owes for loss of use
(rental car) and any other associated losses due to the accident. If you
are certain that it was the other parties fault go after them (not their
insurer). You'll notice insurance people do not like talking about
filing suits against insured, this is because they have a duty to defend
and it will cost them some legal expense.
Just my 2 cents...
Sent via Deja.com http://www.deja.com/
Before you buy.
eva bellwood
officer's superior. If the other driver ran a red light, they should have
been ticketed and this would have been shown on the police report. This
would have made the claim much easier to settle. #2 - You should request a
statement from the police officer that states that the other party was
totally at fault. #3 - If there were any witnesses to the accident, the
adjuster can call them to back your description of how the accident
happened.
I can't speak for the adjuster, but they can't just take your word for how
the accident happened. If the police report is not clear on who is at fault
on the accident, then the adjuster needs to speak to others who were
involved or witnessed the accident to arrive at a conclusion on who was at
fault.
Lica <licanavar...@usa.net.invalid> wrote in message
news:0006fc98...@usw-ex0110-073.remarq.com...
> I was in a car accident about a month ago where it was the
> other driver's fault. I have a copy of the police report
Kevin Felix
(1) The adjuster CAN settle the claim by paying you your damages without
speaking with his insured. He has your statement, and he has the police
report, and both you and the report agree, I am sure. Both items are legal
evidence in support of your claim regardless of their insured's statement.
And the duty of the company is to step into the place of the insured to pay
all sums the insured is legally obligated to pay, whether the insured agrees
they are legally obligated or not.
(2) Yes, you can claim collision coverage on your own policy and allow your
insurer to subrogate the claim. But first I would push the other party's
insurer to pay the claim. That way you don't have to suffer your deductible
until the subrogation attempt is successful.
(3) File a lawsuit? How much is THAT going to cost you? How LONG would it
take to reach conclusion? Were it me, I would consider that as a LAST
resort.
Kevin Felix
Felix Insurance Agency, Inc.
WPLC PandC
should the driver of the other vehicle not provide a story to the company, then
they would be within their rights to deny the claim. HOWEVER, as has been said
in this NG many times before, just because the company denies a claim does not
mean that you doin't have a right to recovery.
You could (and should) sue her, Small Claims Court, if possible in your area.
Your case (with or without her insurance company) will be heard and a decision
rendered.
> The adjustor told
>me they need her statement before they can determine who is
>liable. And if he doesn't get a hold of her then they'll
>deny the claim. He has been trying to reach her and she
>won't return his calls and has obviously been avoiding the
>letters he has been sending her.
Your statement is considered highly prejudicial in that you could "twist" some
facts to improve your case. The policeman was not a witness to the accident so
that his (her) testimony would be heresay.
There is a further problem with a traffic light... they constantly change.
Unless there is an independent witness the other party could claim that you ran
the red light. In this case her side of the story is critical.
Her insurance company will send her letters telling her that her coverage is at
risk if she does not cooperate. That may be enough to spur her compliance.
Is it true they need her
>statement even though they have my statement and the police
>report?
Steve West-Rosenthal
Rosenthal Group International
reply to: s...@rosenthalgroupny.com
adjus...@my-deja.com
"eva bellwood" <evar...@e-machines.net> wrote:
> #1 - I would march on down to the police department and speak to the
> officer's superior. If the other driver ran a red light, they should
have
> been ticketed and this would have been shown on the police report.
Why should a police officer ticket someone for an infraction they
didn't see? Unless there were multiple witnesses at the scene (and
those witnesses come to court to testify), the officer won't be able to
make the charge stick, which means he or she will just wind up wasting
a day in traffic court.
FYI -- traffic accident reports are inadmissible in most courts of law
for this very reason, UNLESS the officer personally witnessed the
accident. The police report is not an account of what happened, it is
only the officer's best guess as to what happened, based on
his "investigation" after the fact. These investigations are rarely
exhaustive unless it's a serious accident.
Finally, let us put the shoe on the other foot for a moment: my SIL
was recently summonsed for "leaving the scene" on the word of a 16-year-
old driver (small fender-bender, less than $500 damage) when NO ONE
witnessed the accident except the two drivers! My SIL says the kid
left the scene before she could get her driver's license info, etc.
(which I believe), but because Bimbette went home and called the cops
first, they believed her and cited my SIL. Is this fair?
Adjustergal