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06-09-2007, 06:03 PM
| | Junior Member | | Join Date: Nov 2006
Posts: 12
| | | Lying on police report
What is the name of your state? N.Y.
Was involved in an accident a few weeks ago. The other driver went thru a stop sign , hitting my car in the process. I had the right of way and no stop sign. Seemed like an open and shut case. However , on the P.R. that was mailed to me a few days later , the other driver (falsely) indicated that apparently "traffic was stopped to let him thru" and my car went around the stopped ones "thus causing a collision". Ignoring the fact that he's lying to the police , what recourse should I take with his insurance co. ? How would one go disputing a "he said-she said" situation such as mine? How would the ins. co. determine the at fault party?
Thank you. |
06-09-2007, 07:03 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,501
| | Quote:
Originally Posted by PAPD  what recourse should I take with his insurance co. ? | Depends entirely on what course you are interested in pursuing. Quote: |
How would one go disputing a "he said-she said" situation such as mine?
| The only way to counter such a situation is to present evidence to support that your claim is the correct one. Of course, you have to have the evidence to do this. Absent that, you would just have to present the best case you can and hope that the court agrees. Quote: |
How would the ins. co. determine the at fault party?
| By getting statements from all party's and witnesses.
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There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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06-09-2007, 08:05 PM
| | Junior Member | | Join Date: Nov 2006
Posts: 12
| | | Thanks for the reply JETX.
At this point in time my primary concern is to get reimbursed for the damages to the car and the rental bill. I'm not sure whether I'll proceed any further.
Does the ins. co. interview police officers that were at the scene? If so , should I get in touch with the officers ? One of them did comment at the scene that the driver who had a stop sign is usually at fault. Is this how the ins. co. will see it too?
Thanks. |
06-09-2007, 09:49 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,501
| | Quote:
Originally Posted by PAPD Does the ins. co. interview police officers that were at the scene? | I have never heard of an insurance adjuster 'interviewing' the on-scene officer. They will rely on the officers statement in the accident report. Quote: |
One of them did comment at the scene that the driver who had a stop sign is usually at fault. Is this how the ins. co. will see it too?
| No.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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06-09-2007, 10:14 PM
| | Junior Member | | Join Date: Nov 2006
Posts: 12
| | | So , getting in touch with the cops is pointless?
Then I guess you've answered my questions.
You wouldn't have any other tips or suggestions for me?
Thanks. |
06-10-2007, 12:06 AM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,739
| | | Unless the officer witnessed the accident, there's no reason for the insurance to interview them. If there were any witnesses to the accident, they will be listed on the police report and the insurance will contact them. If you have collision coverage with your insurance company, then let them pay for your repairs (and rental if you have coverage for that) and let them go after the other insurance company if they think you have a decent case for not being at fault. No insurance company is required to go by the police report alone when determining fault. |
06-11-2007, 12:19 AM
| | Junior Member | | Join Date: Nov 2006
Posts: 12
| | | But should it really matter whether there were other cars or not, or whether they were letting him go or not ? I mean, the guy had a STOP sign. Doesn't that account for something? |
06-11-2007, 12:42 AM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,653
| | Quote:
Originally Posted by PAPD But should it really matter whether there were other cars or not, or whether they were letting him go or not ? I mean, the guy had a STOP sign. Doesn't that account for something? | If there really were stopped cars, and if you really did proceed around them, then it might cause a portion of the fault to be assigned to you.
I'm not familiar enough with NY State Law to say anything more definite than that.
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06-13-2007, 01:22 AM
| | Junior Member | | Join Date: Nov 2006
Posts: 12
| | | No, Zigner , there weren't any other cars. Anyway , the adjustor should be in any day now and we'll see what happens. One last thing, should I mention to the adjustor or the police that the other driver did NOT have a valid ins. card with him at the time of the accident? The card that he gave to the police at the scene was invalid and from the wrong ins. co. The police report has the information from that ( wrong) card on it. I had to get in touch with the corporate owner of the car ( it was a commercial vehicle) in order to obtain real ins. info. Does it matter at all? Will the other driver get a retroactive ticket for not carrying a valid ins. card? I just want the guy to suffer consequences for lying to the cops and feel a little remorse for what he did . |
06-13-2007, 07:29 AM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,739
| | | None of that will make a difference. No, you can't make the cops give him a ticket. Don't worry about making him suffer, that's not going to happen, he has insurance. Tell them your story and hopefully your damages will be covered, that's the best you can hope for. |
06-28-2007, 01:09 AM
| | Junior Member | | Join Date: Nov 2006
Posts: 12
| | | Follow up
As of 6/18/07 I put in a claim with my own ins. co. and let them figure out what to do next. My ins. co. is sending me a check for the damages minus the $500 deductible and minus the rental charge. The other drivers ins. co. is giving me hell as to the rental reimbursement ( they claim $33 per day is too much ) and the diminished value of my not-so-new-anymore car.
This forum has been very helpful so far , so please share the thoughts on how to collect the money that are owed to me. I'm not looking to profit from this whole nightmare , but I believe that a vehicle with a street value of approx $18000( in clean condition according to NADA) is worth considerably less after $6500 in damages (repaired now) had been done to it. The incident occurred in NY state , but the vehicle is registered in N.J.
Thank you. |
06-28-2007, 08:51 AM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,739
| | | Insurance companies usually approve between $25 and $30 per day for a rental. Any reason you did not rent a less expensive car or ask how much they would approve for rental reimbursement first?
Diminished value is hard to prove. You can try small claims court.
Is your insurance company going after them for the money they paid and your deductible? |
06-28-2007, 02:30 PM
| | Junior Member | | Join Date: Nov 2006
Posts: 12
| | Quote:
Originally Posted by ecmst12 Insurance companies usually approve between $25 and $30 per day for a rental. Any reason you did not rent a less expensive car or ask how much they would approve for rental reimbursement first?
Diminished value is hard to prove. You can try small claims court.
Is your insurance company going after them for the money they paid and your deductible? | ecmst12
A car similar to mine (midsize) runs approx. $38 plus tax plus 9/11 fee of $5 per day. Even after "insurance discount" ($10 off/day) that comes to about $35 with tax. It's my understanding that the ins. companies must provide for similar types of vehicles.
Also, should it be my ins.co. or I that has to go after the deductible? Do you know the procedure?
Thanks.
Last edited by PAPD; 06-28-2007 at 07:40 PM.
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06-28-2007, 09:12 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,739
| | The insurance company is NOT obligated to provide you with a rental the same as your regular car unless you have some sort of special needs (a large family and need a minivan for example). They only have to provide you with basic transportation during the time your car is being repaired. If you want something nicer/bigger then they want to pay for, the excess is on you.
If your insurance company is going after the money they paid for your car from the other insurance company, they will probably include your deductible in the demand. That seems to be the standard procedure  | |
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