Contour Enthusiasts Group Archives Forums General General Stupid Moron decides to cut across my lane and....

Ok because I can't go to sleep (still a little wired about my car still being able to drive) I think I'll give a little update. Only a few things really.

1. My insurance comapny denied the other guy's claim saying that he was a very neglegant person and from his statement he never looked before he made the turn.

2. The other guys insurance company said they are going to deny my claim because it is 1% my fault because I didn't slow down even more when I noticed him driving slow in the OTHER lane.

3. the car starts and runs perfectly besides from the body damage.

4. Estimates from body shops round out to nearly 6 grand. My estimate came out to about 1 grand.

5. I'm taking the other guy and his insurance company to court.

6. pre-98 mystique headlamps are a PITA to find. Still can't find it.

7. My car is a tank!

#1 Make sure whether EVERYONE in your car is OK. The day after a crash, they may feel like they personally were hit by a truck. If anyone has symptoms, make SURE they see a doctor ASAP. Does YOUR liability policy include either PIP or Med Pay coverage?

#2 Your company is already investigating. Your company took this other clown's statement and it sounds like he shot himself in the foot. If his own statement screws him, you ARE now holding aces.

#3 If anyone in your car DID get hurt, now an injury attorney may wanna get on board to go after the other driver. If the bulk of liability IS established on the other driver, you would likely be able to benefit from that also.

#4 This COULD take FOREVER. That is PART of why some people pick up collision/comprehensive coverage. It's NOT the other driver's fault that you did not pick up that coverage.

#5 You probably have a duty to "mitigate" your damages.

You need to talk MORE to a LOCAL attorney than this board can help you with.

woah man you seem to know your stuff. This all happened a while ago and there were injuries. The only thing I guess I need now is a copy of the police report. I've already started rebuilding the car myself (in the process of tearing her down) but I want his damn insurance company to pay me... NOW! *reverend lee's voice* can a get a hallalujah!?

Man this is just getting better and better for me.

Raise hell about how you want a rental car, paid by the other clown's insurance company, while your car is being fixed. The other company will only want to pay for as basic a beater as possible and then only for the time it would take a real body shop to fix your car. They also will NOT pay for any "extra" insurance you get on the rental, like CDW, etc. Take lots of pictures of you car's damage before and during it's teardown.

And with you or your occupants hurt, talk NOW to a local LAWYER. Insurance companies LOVE to settle for cents on the dollar of what a claim is worth, and with you being a civilian, it's feeding time for the sharks, er, I mean adjusters. It is pretty unlikely you will net out as much $$ on your own as you will even if the lawyer is pricey on a percentage basis. Before I forget: Any visible injuries? Get pix of those too.

But be ready to shop on attorneys also. Some charge one third of everything, even on medical bills your own insurance company pays for (OUCH). Others may calculate their fee on what's left AFTER all the medical bills are paid. So it's not just the percentage they charge, it's also the "of what".

If only your crash had been in Oregon or Washington, I'd be able to install a new *ss in that other driver for you (yeah, I'm a lawyer). But your mess will take a while, even with local assistance.

that made me kinda depressed and at the same time kinda happy. BTW, I'm not civilian... military. I just got off the phone with the other guys insurance and the two reasons they have are.

1. You were not driving right for the conditions.

So the roads were slick! I was driving for them. Under the speed limit man! Are you crazy? I was doing under the speed limit and he says I was still not driving properly for the conditions. I was doing 40-45 in a 45. So what is your take on that?

2. Oh yea, They said becasue I lost control of my car. Due to my locking up the brakes! How the hell can I stop my brakes from locking up when a damn moron pulls in front of me and forces me to SLAM! on brakes!

Oh man I was yelling at this dude. Then I put him on hold for like 5 minutes and then said I'd call him back. lmao he was so pissed. Made my day a little brighter though.

So with you being the lawyer... what do you think? Think I got them by the balls or what?

I do NOT know the particular nooks and crannies of Virginia/Maryland law. But assuming that like MOST states, you have concepts of "comparative fault" followed in your state, then the clown "could" be 95% or 90% or whatever% at fault, in which case you could only get 95 or 90 or whatever % of your damages paid by them. It would be up to a judge/jury/arbitrator depending on your local court system to make the final fault decision if you and that other carrier cannot agree. Some states say you get nothing if you are 51% at fault. Maybe that's what the adjuster is trying to argue with you. Sounds like garbage to me.

Meanwhile, MOST states have a concept of how you MUST bring ALL of your claims in ONE lawsuit. If Virginia does that, then you cannot bring one suit NOW for your car damage and another one LATER for your injuries from the same crash. That usually means your car claim is EITHER settled on a you get screwed basis OR your car damage claim is stuck waiting for your injury claim to develop, as it's NOT a good idea to settle an injury claim BEFORE you know if you are completely healed or not. If your physical recovery takes three months, then what happens to your car claim in the meantime? Again, this is part of why some people get collision/comprehensive coverage.

If they are trying to blame MOST of the fault here on you, that is just their way of saying PLEASE get a lawyer and sue our driver. Yeah, they are FULL of BS, but that is standard behavior from many liability adjusters. Any fault on you here sounds minor, compared to the creep who drove with his hands over his eyes. Two weeks ago I went to hearing against a driver who during October 2002 did a 360 and another 180 across Interstate 5 in Portland, coming to rest pointing the wrong way blocking the left lane. Pavement was damp. My client was doing 50 in a 50 zone, did not have openings to change lanes or room to stop completely. The arbitrator put 15% fault on my client, but with procedural attorney fee claims available here, I asked for (and am awaiting word on) a $3K+ atty fee award against the lady who spun across the lanes.

Having them by the balls is a RELATIVE term. Yep, you've got SUPERIOR ammo. BUT they've got the CHECKBOOK. And the ability to drag this out forever, until you give in or sue.

Your local laws MAY include factors about getting attorneys fees awarded against the other side if you do have to go after them, as a way of punishing them for dragging their feet and screwing you over. But that does NOT mean your claims will be favorably handled by that other insurer quickly, only that maybe you get to kick them harder months (or whenever-years?) from now if this is litigated.

It's crap like how you're being jerked around, that keeps me busy with new clients. When I called you a "civilian" I meant you're NOT a professional in this field. The adjuster is. You're a frustrated amateur doing battle with a pro: NOT an even match. And you are MORE of a target here for such crap BECAUSE you're not a pro.

I don't have the time to check your local laws for you to see if my favorite tools with which to hit the insurer over the head are available to you there. I also do not know any MD/VA/DC attys to refer you to. But that's who you want to talk to about this. Otherwise, you're learning as you go and you will get VERY frustrated. And the several weeks this process will take (at least) will try your patience MORE than it has been tried so far. Blowing your composure in the meantime IS something the insurer WILL take note of, to use against you later.

PLEASE get a referral or two to someone who does plaintiff car crash claims in your area. And if you DID give a recorded statement to the other insurer, ask them for a copy or transcript. If you did NOT give a recorded statement yet, don't give one now until AFTER you talk with a local attorney first.

Talk to a LOCAL attorney. And then go get the mofo's.