Home     Law Advice     Insurance Advice     Community    
Auto Accidents and Vehicle Claims : Visit FreeAdvice.com for useful articles and FAQs on Bike Accidents, Bus Accidents, Car Accidents, Motorcycle Accidents, Truck Accidents, etc. Visit AttorneyPages.com to find an experienced Car Accident Lawyer.
Go Back   FreeAdvice Legal Forum > ACCIDENT AND INJURY LAW > Auto Accidents and Vehicle Claims




Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-10-2006, 05:08 PM
Junior Member
 
Join Date: Jul 2006
Posts: 1

Minor car accident


What is the name of your state? Texas

I was in a minor accident a few weeks ago. No damage or injuries to myself or my car. The other person's bumper was dented and turn signal cracked. While I did run into her from behind, she turned into my lane at an intersection and I could not avoid her. I called 911 to report the accident and they said if no one was injured and no cars needed to be towed, they didn't have to come out and for us to exchange information. We did and left.

The next morning I called my insurance company to report the accident. The person I hit called me after the insurance company called her and said she wanted to keep it between us and not involve insurance. I told her I was more comfortable going through insurance and we left it at that. I gave my statement to the adjustor and, later, was told the person I hit was giving a completely different story. There were no witnesses and she was even disputing the location of the accident.

So yesterday I talked to the adjustor and they said it looks like she was in the wrong and they were going to deny her claim on my insurance. They said the damage was minimal, maybe $500-1000. After that, she has two options: she can file under her collision insurance or file suit. My question is if she decides to file suit, is it against me or the insurance company? The adjustor said the insurance company would supply legal representation and pay for it. I'm just worried she'll come after my personal assests instead of the insurance company. Thanks for the help!
  #2  
Old 07-10-2006, 05:44 PM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,775
If she sues, she will sue you not your insurance company, but your insurance will (like they said) provide for your defense, and if she wins, they will pay the amount she's awarded (as long as it's within your limits of coverage, which I'm sure it is). No worries
  #3  
Old 07-10-2006, 07:07 PM
Senior Member
 
Join Date: Feb 2005
Location: Elgin, IL USA
Posts: 1,089
Without all the facts it is hard to tell, but from your description, it sound like she "failed to yield" (pulled in front of you unexpectedly and unsafely).

I had someone almost do that to me when they were in the right lane of a one-way street, suddenly spotted a mailbox and pulled right in front of me in the left lane, slamming on the brakes to make a left turn. I may have screeched my tires threashold braking and honked the horn to let him know I was there, and he shouted that if I hit him it would have been my fault. I said "no it wouldn't" (but proving that might be difficult without witnesses). Don't try this at home, I am an experienced autocrosser that knows the difference between braking at the limit in complete control, or overbraking out of control.
  #4  
Old 07-10-2006, 08:07 PM
Junior Member
 
Join Date: Jul 2006
Posts: 1

Texas Partner using truck had his own insurance 4 deaths


My partner was using my truck but he insured it in his name had a wreck and killed 4 people by accident. he had only libilitiy how am I lible
  #5  
Old 07-10-2006, 08:50 PM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,775
You might want to try starting your OWN thread...
  #6  
Old 07-11-2006, 06:27 AM
Senior Member
 
Join Date: May 2005
Posts: 7,062
Quote:
Originally Posted by dboy
What is the name of your state? Texas

I was in a minor accident a few weeks ago. No damage or injuries to myself or my car. The other person's bumper was dented and turn signal cracked. While I did run into her from behind, she turned into my lane at an intersection and I could not avoid her. I called 911 to report the accident and they said if no one was injured and no cars needed to be towed, they didn't have to come out and for us to exchange information. We did and left.

The next morning I called my insurance company to report the accident. The person I hit called me after the insurance company called her and said she wanted to keep it between us and not involve insurance. I told her I was more comfortable going through insurance and we left it at that. I gave my statement to the adjustor and, later, was told the person I hit was giving a completely different story. There were no witnesses and she was even disputing the location of the accident.

So yesterday I talked to the adjustor and they said it looks like she was in the wrong and they were going to deny her claim on my insurance. They said the damage was minimal, maybe $500-1000. After that, she has two options: she can file under her collision insurance or file suit. My question is if she decides to file suit, is it against me or the insurance company? The adjustor said the insurance company would supply legal representation and pay for it. I'm just worried she'll come after my personal assests instead of the insurance company. Thanks for the help!
If she accepts the check from your insurance company, that's it. She can't turn around and try to sue you for more. Many insurance adjusters now use computer programs to recreate the accident using the known information. That evidence would be very hard to refute without the other driver hiring an "expert witness" of her own. Since there were no injuries, I doubt that a lawsuit for the property damage would be worth the expense.
__________________
Whatever women do they must do twice as well as men to be thought half as good. Luckily, this is not difficult.

Carpe Ominous
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:56 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.