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  #1  
Old 03-27-2006, 02:40 PM
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Posts: 9

Accident with school bus


What is the name of your state? CA

Two years ago, I was involved in an accident with an LA Unified School District bus. It was raining that morning, and as I was approaching the intersection (about 100 feet), the light turned. Knowing that this particular intersection is NOTORIOUS for drivers jumping the green light I made the fateful decision to apply my brakes versus risking being clipped in the intersection. The bus in question was parked on the corner of the intersection (to my right). When I applied my brakes, unfortunately, I jammed on them a little harder than I intended, and the car began to slide. I basically slid down the side of the bus. Luckily the passenger side mirror of my car lodged in the wheel well of the bus breaking my slide and preventing me from entering the intersection. I immediately pulled my car into the gas station on this same corner, and upon a physical inspection of my car, I was surprised to discover that the ONLY damage to my car was to the passenger side mirror. It had snapped off. There was ABSOLUTELY no other damage to my vehicle. I took a look at the bus and noted that there was ABSOLUTELY no damage to the bus. No scratches, dents, of any kind. The driver (who was not in the bus, but standing on the corner) and I BOTH looked and both concurred that the bus was fine. No one was physically hurt as the bus was empty and not in motion.

A supervisor from LA Unified was called to the scene to take an incident report. After obtaining the usual information (drivers license, insurance info) I asked the supervisor what I could expect next. The supervisor stated to me that since it appeared that my car took the brunt of the damage that this would pretty much be the end of it. He also concurred upon inspection of the bus, that the bus had sustained no damage.

Three months later I received a letter from LA Unified demanding payment for damages to the bus. They did not attempt to file a claim with my insurance company nor did they provide any documentation substantiating the so-called damage. In this letter they included a copy of an estimate from from their internal body shop for body damages to the louvre panel and skirt rail of the bus. Since I knew that there was no such damage, and as I provided the school district with my insurance and license information at the time of the accident, I took no action at that time.

I am now in receipt of another letter from LA Unified again demanding payment for the damage to the bus. Two employees on the scene and myself ALL concluded that there was NO damage to this bus.. NOT ONE dent, not even a scratch. Even if the bus was damaged, I find it hard to believe that a school bus more than 3 times the size and weight of my vehicle sustained MORE damage than my vehicle did. My mirror cost me a total of $100 or so including parts and labor. The supervisor sent to the scene concurred with me that the bus had sustained no damage.. So what the heck cost $775.55 to fix???

Anyway here's what I need to know.. I'm not debating fault.. Clearly my car slid into a parked bus.. BUT
  1. Since the district FAILED to contact my insurance company and file a claim is it too late for them to do so now given that I am no longer insured by this auto insurance company? (I changed carriers last year)
  2. What is the statute of limitations on the district's claim for damages?
  3. If they are indeed SOL with my insurance carrier because they failed to file a claim in a timely manner, can they now come after me???
  4. Don't they have to provide me with more substantiation than an estimate from their own INTERNAL body shop?? Two district employees and me inspected this bus.. There was NO DAMAGE to the rear louvre or the skirt rail.. So am I supposed to just accept THEIR word on the damage??

Last edited by Pixiepie; 03-28-2006 at 11:39 AM.
  #2  
Old 03-27-2006, 07:41 PM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,759
Did you report the claim to your insurance? You should have, and let them handle it. Now, I don't know what to tell you.
  #3  
Old 03-27-2006, 07:50 PM
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Join Date: Mar 2006
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Yes I reported it.. But my insurance company was expecting (as was I) that the school district would contact them.. The district FAILED to contact my insurance company and file a claim, and I have since changed carriers. Neither I or my insurance company heard anything more from the district. The recent demand letter was the first I have heard fron the district since the 1st letter, and I confirmed with my old carrier that they were never contacted.

So back to my original four questions:
  1. Since the district FAILED to contact my insurance company and file a claim is it too late for them to do so now given that I am no longer insured by this auto insurance company? (I changed carriers last year)
  2. What is the statute of limitations on the district's claim for damages?
  3. If they are indeed SOL with my insurance carrier because they failed to file a claim in a timely manner, can they now come after me???
  4. Don't they (the school district) have to provide me with more substantiation of their claim than an estimate from their own INTERNAL body shop?? Two district employees and me inspected this bus.. There was NO DAMAGE to the rear louvre or the skirt rail.. So am I supposed to just accept THEIR word on the damage??

Last edited by Pixiepie; 03-27-2006 at 09:00 PM.
  #4  
Old 03-27-2006, 08:08 PM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,759
Your old insurance company should be able to tell you how long they have to file a claim. I suspect it's not more then 2 years, and they're out of luck. Did you ever tell the school bus company to contact your insurance, and give them the information? I assume you did...in which case they're out of luck.
  #5  
Old 03-27-2006, 08:51 PM
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Join Date: Mar 2006
Posts: 9
Quote:
Originally Posted by Pixiepie
...A supervisor from LA Unified was called to the scene to take an incident report. ...obtaining the usual information (drivers license, insurance info)...
I provided the district with my insurance and license information at the time of the accident as is required by law here in California. I contacted my insurance company to inform them of the situation. The normal practice in these matters is for the each party to contact their insurers, and the injured parties insurance will contact the responsible parties insurance company. In this case LA Unified never contacted my insurance company.

So given these circumstances:
  1. If the district is indeed SOL with my insurance carrier (because they failed to file a claim in a timely manner), can they now come after me???
  2. Don't they (the school district) have to provide me with more substantiation of their claim than an estimate from their own INTERNAL body shop?? (Two district employees and me inspected this bus.. There was NO DAMAGE to the rear louvre or the skirt rail..) or am I supposed to just accept THEIR word on the damage??

Last edited by Pixiepie; 03-28-2006 at 11:38 AM.
  #6  
Old 03-30-2006, 02:27 PM
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Join Date: Sep 2004
Posts: 1,923
This is pretty simple. Send all the bills to your old insurance company certified mail. Keep copies for yourself. Send another letter to the bus company certified mail saying that you've turned over the information to your insurance company and they should send all future correspondence that way instead of to you.

Now sit back and let your old insurance company do their job.
  #7  
Old 03-31-2006, 08:12 PM
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Join Date: Mar 2006
Posts: 9
My (current) insurance agent suggested the same thing.. So I wrote a letter to the district simply stating that I provided them with my license and insurance information as required to do in an accident situation by the state of Califonia.. I basically told them that they have my info, and that they need to follow "standard procedure" for filing a claim if they feel that they suffered damages..
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