Can I Make A Crimianl Complaint?

[johnhigney@gmai]

What is the name of your state (only U.S. law)? NM

Oops typo on the Heading which I can not now correct; should read "Criminal"

I was involved in a non fault accident in NM. The other driver was charged with no licence and failing to yield.

I was seriously injured (surgery required) and attempted to make a claim against the Insurance carrier identified in the certificate she produced to the Police.

The insurance was in the name of her father who was also the registered owner of the vehicle.

His insurers have denied the claim on the grounds that their policy holder is not co-operating and also that their insured (the father) states his daughter did not have permission to use the vehicle.

If she did not have his permission to use the vehicle then what criminal charges may I make a complaint of? Theft? Assault? Anything?

I understand that this is a sledgehammer approach but what I am attempting to achieve here is to get the father to come clean with his insurer and let them handle my claim. I do not see any father letting his daughter get convicted of what I suspect is a non crime. I am pretty certain that she had permission as she was on her way home from an 8 hour shift at work and he must have known his car was not at home.

Thoughts?

[I_Got_Banned]

Originally Posted by Labtec600

Take his daughter to small claims court to recover your damages. Have you filed with your insurance carrier? Health and auto?

My guess is that the limited nature of a "small claims" would fall far short of indemnifying the OP for medical costs to cover (surgery/rehab/follow up care ... etc) for a "serious injury that required surgery" (as the OP described it). as well as property damages to OP's vehicle as a result of the accident.

Johnhigney, I highly doubt that you can "make a criminal compaint" against anyone. You can certainly meet with the D.A. for your area to see if they could find any wrong doing by any of the parties involved but ultimately, the "filing" of criminal charges rests solely in the hands of the District Attorney/the police.

So the response that you've received form the Insurance company is "our insured is refusing to cooperate so.... tough. Nothing we can do!"???? Rhetorically, why couldn't every insurer in every accident claim assume the same irresponsible stance? They would never have to pay another claim ever again!!!

The 2 questions I have you are:

1. Why isn't your insurance covering your medical costs + property damages and then going after the other insurer? &...

2. Why haven't you hired an attorney to handle this mess for you yet? I would have guessed you'd have had a grip of ambulance chasing attorneys all over you for this one!

[johnhigney@gmai]

Hi I got banned

Correct the small claims court is way below my losses. The realistic chances of a 17 year old chicken factory worker having any realizable assets to collect on seem slim to none.

Medical bills so far exceed $130,000. PIP insurance covered $5,000 and Health Insurance pick up the rest but of course they can be subrogated in any claim. Collision cover took care of my vehicle repairs $7,000 +. I am still out 8 months and counting of income together with a lot of deductibles.

My own Insurers appear to accept that the other party was uninsured and I am currently battling with them as to why they accept what the other company say with no fight.

I agree with you that the other parties insurers seem to be acting ina strange fashion.

I have retained an attorney in my home state who has said in effect oh well the denial of the claim triggers your un/underinsured loss cover which is capped at $100,000 so after fees medical recap etc will not go close to putting me back to the position I was in prior to the MVA.

Hence I am looking for creative ways to force the other parties Insurer to come to the table. Nothing ventured nothing gained is my take.

Thanks for taking the time to reply.

[I_Got_Banned]

Originally Posted by johnhigney@gmai

Correct the small claims court is way below my losses. The realistic chances of a 17 year old chicken factory worker having any realizable assets to collect on seem slim to none.

And so much fro states regulating that people MUST have coverage if and when they drive of the insurers are gonna turn their backs on claims as costly and serious as this one!

Originally Posted by johnhigney@gmai

My own Insurers appear to accept that the other party was uninsured and I am currently battling with them as to why they accept what the other company say with no fight.

I honestly could care less whose buck pays it as long as it is paid. But if the cost exceeds the policy limitation... Heck you'd never think of a $130k medical bill when you're buying insurance.

Originally Posted by johnhigney@gmai

I agree with you that the other parties insurers seem to be acting ina strange fashion.

Not only do I find it irreprehensible, it is hypocritical too...
I wonder if they are still insuring and (more importantly) collecting premiums from the other party!

You know, I only thought of this after my last post... In addition to contacting the District Attorney's office, I would also contact the NM Department of Insurance.... The regulatory agency for the insurance industry in your state. Something is not right here and they ought to know about it.

here's a link: [url]http://www.nmprc.state.nm.us/id.htm[/url]

Originally Posted by johnhigney@gmai

I have retained an attorney in my home state who has said in effect oh well the denial of the claim triggers your un/underinsured loss cover which is capped at $100,000 so after fees medical recap etc will not go close to putting me back to the position I was in prior to the MVA.

Welll, yeah with a disinterested insurer, there's not much in it for him/her...

Originally Posted by johnhigney@gmai

Thanks for taking the time to reply.

Not a problem... best wishes on getting well and healthy and plenty of good luck taking on the bad guys.

[ecmst12]

Being served with a lawsuit often encourages people to cooperate with their insurance companies. You need to hire a lawyer and serve both the driver AND the owner of the car ASAP. If they owner is going to claim he did not give permission to the driver, he will have to prove it in court.