D
danderso
Guest
What is the name of your state? New Jersey
My son, age 17, was backing out of a parking spot in a crowded lot at the beach in Cape Cod, MA. He could not see well, as there was a van parked on either side of him, so he was inching his way out. Another van (driver also from NJ) was coming down the lane, and the two cars collided. According to my insurance company, the accident was more than 50% my son's fault, even though in this case, the other driver probably had a clearer view. There was a police report, which states that the "two cars collided". No tickets were issued. Unfortunately, my son will incur a surcharge on his insurance for the next three years. (He has no points or prior accidents, but of course is at the highest tier as a male, inexperienced driver.) Two ssets of questions: 1. The law that determines who is at fault: It was written before the age of vans, SUVs and pickups for personal use, and an individual had a clear view of what was coming down the lane in parking lots. Would you agree that this law is outdated in this day and age? How would I lobby for a change in the law in my state? 2. Initially, there was an amicable agreement between the two parties that I would pay for the damages without using my insurance company. My insurance company said they would hold the claim open until such time they heard from me. I mailed a check to the other party when I received her estimate, with a letter stating payment in full for damages. Apparently she had a problem with my wording, and decided she didn't want to risk any unforeseen damages, (and never called to disscuss it further). I was not aware that the claim had been reopened until I called her when I received my check back in the mail. My insurance company paid the claim, and I was the last to know. Is that unusual, especially since my company was not going to act until they heard from me? I asked my insurance company (I've been with them for 16+ years-car, homeowners, umbrella), through my agent, if I could just give them the monies (approx $1800) I was going to give the other party. That way they would not be out any money whatsoever (my check was actually approx $40 more than the insurance company's check). Could my insurance company have accepted a check from me? I feel I have acted in food faith with all the parties-the other driver, my agent and my carrier. Do I have any recourse whatsoever in any of this? Thank you so much.
My son, age 17, was backing out of a parking spot in a crowded lot at the beach in Cape Cod, MA. He could not see well, as there was a van parked on either side of him, so he was inching his way out. Another van (driver also from NJ) was coming down the lane, and the two cars collided. According to my insurance company, the accident was more than 50% my son's fault, even though in this case, the other driver probably had a clearer view. There was a police report, which states that the "two cars collided". No tickets were issued. Unfortunately, my son will incur a surcharge on his insurance for the next three years. (He has no points or prior accidents, but of course is at the highest tier as a male, inexperienced driver.) Two ssets of questions: 1. The law that determines who is at fault: It was written before the age of vans, SUVs and pickups for personal use, and an individual had a clear view of what was coming down the lane in parking lots. Would you agree that this law is outdated in this day and age? How would I lobby for a change in the law in my state? 2. Initially, there was an amicable agreement between the two parties that I would pay for the damages without using my insurance company. My insurance company said they would hold the claim open until such time they heard from me. I mailed a check to the other party when I received her estimate, with a letter stating payment in full for damages. Apparently she had a problem with my wording, and decided she didn't want to risk any unforeseen damages, (and never called to disscuss it further). I was not aware that the claim had been reopened until I called her when I received my check back in the mail. My insurance company paid the claim, and I was the last to know. Is that unusual, especially since my company was not going to act until they heard from me? I asked my insurance company (I've been with them for 16+ years-car, homeowners, umbrella), through my agent, if I could just give them the monies (approx $1800) I was going to give the other party. That way they would not be out any money whatsoever (my check was actually approx $40 more than the insurance company's check). Could my insurance company have accepted a check from me? I feel I have acted in food faith with all the parties-the other driver, my agent and my carrier. Do I have any recourse whatsoever in any of this? Thank you so much.