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  #1  
Old March 9th, 2005, 09:32 PM
scubadanster
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daniel park
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any lawyers out there??

hey fellas...

well...just got the letter from the other party's insurance...

i can NOT believe that they say I am at fault....

my d90 is back in the shop.......

anyhow, the girl ran through the red light in an intersection.......while i was making a left turn.....
had 3 witnesses say that she blew the red light as she sped up to fly through......

what can i do?!?! i can't believe it...so upset.......first my d90 is sick and hurt, and now this.

any suggestions??? please???

so upset....

-dan
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  #2  
Old March 9th, 2005, 10:06 PM
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Chris von C
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Your insurance company should already be sending them a letter saying "i dont think so" with the police report and witness statements. Seems like a standard ploy by insurance companies to try that. I was stopped in a toll booth paying a toll (before EZPass was here in PA), when a guy rammed me from behind doing about 35mph like he was not going to stop at all at the toll, reducing my VW GTI to half its original length, and we too got a letter from his insurance company stating it was my fault. Needless to say with the police report and witness statements, that ploy was quickly stomped. Your insurance company should work for those dues you pay and stomp that sillyness pretty quick.
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  #3  
Old March 9th, 2005, 11:54 PM
scubadanster
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daniel park
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thanks chris...

i will call them tomorrow first thing....

yeah, it's SO frustrating. dang those dues! they should work for you once in a while.

glad you weren't hurt...

-dan
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  #4  
Old March 10th, 2005, 11:41 AM
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Hans Haase
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Do you have a copy of the full police report yet? It should have all the witness statements and everthing in it.

Had an accident a few months ago, my insurance company said it's the routine practice to go after whoever was making a left-turn first. If the girl never told her insurance company about that whole "red light" thing......

-Hans
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  #5  
Old March 10th, 2005, 01:36 PM
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Paul / Boultbee
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Ditto on the above. Standard bullshite from the guilty party. This is why you pay insurnace fees. If you have your insurance agents name, start building that friendship. The other guy can not accept blame so try to play the games. You would not believe the number of people who back down off that 1st letter. With witnesses, police report, etc you have it going. Oh, and how is the neck and the knee that got banged up?
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  #6  
Old March 10th, 2005, 05:04 PM
scubadanster
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daniel park
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wow...

thanks for the support.....

but here is the catcher.....

the police did NOT file the report.....they said since i had 3 witnesses and no major injuries, i didn't really need one.......that was a big mistake, eh?? intersections are controversial........so they are saying now........great.......just great.....

sad,

-dan
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  #7  
Old March 10th, 2005, 06:15 PM
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Phil
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Quote:
Originally Posted by scubadanster
wow...

thanks for the support.....

but here is the catcher.....

the police did NOT file the report.....they said since i had 3 witnesses and no major injuries, i didn't really need one.......that was a big mistake, eh?? intersections are controversial........so they are saying now........great.......just great.....

sad,

-dan

Whoa, whoa! No major injuries??? An accident report is required by law in Ca. if there is ANY injury and/or more than $500 worth of damage. The term for what they did to you is, "Kissed it off". I can't say I've never done it myself, but only when there were NO injuries, minimal damage, and all parties agreed to it. The good news is it's not too late. Go to the office of the law enforcement agency that has jurisdiction and file a "counter report". The bad news is, you are now going to have to do the work that should have been done for you. Get written statements from your witnesses and attach them to the report. Make sure you have full names, current addresses, phone #'s, etc. Go take photos of the intersection and do this all QUICKLY before the other party does it with a different version.
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  #8  
Old March 10th, 2005, 07:43 PM
scubadanster
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daniel park
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yikes!

sounds like i have lots of work to do....

thank you guys so very much....

-dan

ps> dang those people who run reds!!!!! hope you guys don't......lol


pss> her insurance said i was guilty of california vehicle code #21800(a).......whatever that means....
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  #9  
Old March 10th, 2005, 08:59 PM
Mark M
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Mark Mathews
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Dan, besides a police report you will also want to file a DMV Traffic Accident Report form SR 1/SR 1A within 10 days of the accident or the DMV might suspend your license. Since I'm sure you had liability insurance you should be OK if you file the form. A friend of mine who was driving uninsured got into an accident and didn't file the form. The other driver filed the form. As a result my friends license was suspended for a year. Unfortunately he didn't find out about the suspension untl he was pulled over for a minor traffic violation. Needless to say he had a very bad day involving jail and an impounded car! File the form ASAP! You can get it from any DMV office or their website. Good luck with the insurance companies.

-Mark
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  #10  
Old March 10th, 2005, 09:52 PM
scubadanster
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daniel park
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you guys are awesome.....
thanks, mark.....yeah, i already filed that form as soon as i got it from my ins. co.

i just can't believe what's going on......how am i supposed to yield when someone runs a red?!?!? now i think it looks bad since i was the one making a left....but i just think it's soooooooo not right..

-dan

ps> should i get a lawyer??
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  #11  
Old March 10th, 2005, 10:12 PM
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Yousef Hamzeh
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I had the same thing happen to me and between my insurance company and I bugging the shit out of them they paid the 10K to fix my car but it took two months. I you can afford a lawyer go for it other wise let your insurance take care of it. Let them do the battle and the money spending on lawyers to fix your rig.

Your other option is to pay your deductible and have your insurance go after them and when they settle you’ll get your deductible back

Good luck
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  #12  
Old March 11th, 2005, 04:19 AM
Mark M
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Mark Mathews
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Dan, glad that your insurance company was on the ball and sent you the form. I wouldn't have even known it was required by the DMV if it weren't for a minor fender bender I had a few years ago.

While I am not a lawyer, I would start with the claim adjuster handling the case for your insurance company. Does the adjuster have all relevant information re: Witnesses and their contact info, Photos of the intersection, etc? Does the adjuster for your company agree with the other person 's insurance company findings? More importantly, does your insurance company think you were at fault?

If your insurance company thinks you were at fault you want a lawyer. If they think that the other driver was at fault then you might want to wait to see how it is handled by the insurance companies. Part of what you are paying insurance companies for is their lawyers. They do not want to have to pay claims against you and they hire lawyers whose only purpose is to fight claims that might force them to pay money out instead of taking it in. Find out how your insurance company is handling the claim.

In the end, if you can afford a lawyer it wouldn't hurt anywhere but your wallet. Not having a lawyer might hurt more. Then again it might not....

I am NOT a lawyer, but sometimes they come in damned handy...

On another note: Situations like this are part of the reason I always have a disposable camera in the truck.

-Mark
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  #13  
Old March 11th, 2005, 09:55 AM
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Jason Habbal
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Daniel,
My dad just went through all this shit with the insurance agency. Some guy changed lanes on him and forced him into the center barrier on the interstate, totaling his vehicle. The guys insurance comp. said it wasn't his fault so my dad called our insurace and they paid for our vehicle then sued the guys insurance company for compensation of the vehcile's costs.
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  #14  
Old March 11th, 2005, 02:06 PM
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Rod Hayward
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I can't resist beating a dead horse...but, damn that pisses me off!
I have a number of vehicles on the road and run into this more often than I'd care to remember.
It's my understanding that when you bind insurance coverage you have, to a great extent, designated to your insurance company your right to sue for your damages. Unless you are into tilting at windmills, do a good job of hounding your insurance agent and you will probably get just as good a result as if you sued them yourself. Have your company fix your rig, it's got to be done anyway, they will subrogate against the other party. Give your agent every bit of info. you can get, let them know in no uncertain terms it was not your fault. Did the other party get a ticket? Now it's just a dog fight. Make your agent earn their premium. I've had it take 6-8 months to come to a conclusion. This is where the other party's insurance company tries to assign a percentage of the blame to you. 10%-20% who knows? You should have had superhuman reflexes and been able to avoid the collision. Your company will get tired of expending resources and probably settle for less than complete restitution.

I hope you have better luck, but this has been my experience. It will leave you bitter...
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  #15  
Old March 11th, 2005, 03:14 PM
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Paul / Boultbee
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Well, the side of this is we now know what to do.
If not at fault, get a police report (shame on the cops here), get your insurance company involved, and be ready to have to fight.
It seems the honest do not win and I really do not underatand it. My mom got hit by a car that ran a red light. It was late at night and he stated his light was yellow - my Mom, she had green. The classic hesaid/she said scenario. In the end, the guy vanished, turning out he was not insured, no license (? how is it the cops did not arrest / cite him at the time of the accident?) etc. Mom was insured, but had claimed 2 other fender benders - both not her fault - in 12 months so she got dropped. She is in FL. 3 time loser because of others and now $$$ premium with a $1k deductable.

Its a dead horse but well forth beating
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  #16  
Old March 11th, 2005, 03:45 PM
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David Shechter
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If you can get in touch with Vince, user name "thelandroverguy" or if he could chime in... anyway he is a police officer in LA and I'm sure could be very helpful in advising you on proper procedure and what you can do. Nice guy too. Vince you out there? He will probably be at the RR5 if you go, he seems like the type would be more than happy to give you some advice. Good luck with the whole thing. You think that's bad try dealing with a NYC taxi cab insurance company.
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  #17  
Old March 11th, 2005, 09:32 PM
scubadanster
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daniel park
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lol!
thanks dave........

vince? you out there????

-dan
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  #18  
Old March 12th, 2005, 08:56 PM
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WOW,

There is a lot of scary stuff posted in this tread. Dan, don't worry yourself too much about any of this. The truth is you do not have to do anything. You CAN do a report and such but altimately it is the responsibility of your insurance company. Keep in mind, the first thing both ins. comp. always do is blame the other person. Even with a police report, they will still blame you. It's there jobs to limit their loss. It will go like this, your insurance company will pay to fix all your damages, then they will recoup that amount from the other ins. co., assuming that you are not at fault. There is really nothing that you need to do and altimately, you can't really affect the ins. co. decision other than to sue after the fact which is rarely necessary.

Keep in mind that the worst that can happen to you is they find it is your fault, you are out a deductible and a point is on your record. No big deal.
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  #19  
Old March 13th, 2005, 02:12 PM
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daniel park
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yeah, but that's just it, dave....i don't want a point! i don't deserve a darn point.... =(

i'd hate to see my premiums go up for something like this........she BLEW through the red......

such a pisser...

thanks,

-dan
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  #20  
Old March 13th, 2005, 02:35 PM
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I don't think I was all that clear with the last part. If you are not at fault, your insurance company will fight hard for you. You have nothing to worry about. Accidents happen everyday! Have a beer, kick your feet up, and relax!
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