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  1. #1
    gdebay9 Guest

    Responsible Party's insurance company is Doesn't want to pay

    I live in TN. Less than 48 hours ago I was involved in an auto accident. I am not at fault. I was at an intersection waiting for the light to turn green when my car was hit from behind. The other driver quickly got out of her car and and apologized and begged me not to call the police or to contact her insurance. I felt sorry for her and almost agreed not to until she told me she was only 17 and that she had been in 3 similar accidents that were all her fault. I was shocked and felt that this person does not belong behind the wheel of a car. I was also concerned because I was the only occupant in my car and I had no witness, she had three, all young girls. I felt that if a report wasn't made then that she could tell any story she wanted and even deny the accident occured all together.

    We moved our vehicles from the road and I called the police from a pay phone. When the police officer arrived the young lady was crying and explained to him about her prior accidents and that one more point on her record would result in her license being suspended. The officer then listened to our accounts of the accident and then urged me not to file a report and stated that the damage to my car was minimal. The young lady admitted her fault. I insisted and he reluctanly took the report. The damage to my car was apparent to me, but it was dark and the officer didn't believe there was any damage. He did not even give the other driver a citation because in his words the damage was minimal. Well, the next morning in the daylight the damage was clear and I even noticed more damage. I took my car to the dealer and got an estimate for repairs. This minimal damage will cost over $1700 to repair. I'm outraged that this young irresponsible driver was not given a citation. It is also clear to me that she doesn't belong on the road.

    Her insurance company contacted me today and asked to come by and see the car. We arranged a time for them to come to my home and they inspected the car. Without question they began taking pictures inside and out. Then they gave me an estimate for repairs which totaled $350 and asked when I would like the car repaired and that there were two locations I could chose from. I then explained about the estimate I had received from the dealer. They insulted me, asking why I chose the dealer to fix my car and then told me they would not pay anymore than the amount in their estimate. They told me it didn't matter how many estimates I got, they would not pay anymore. They also commented on the age of my car. Yes, it is an older model, but it is no piece of junk. It is exactly the year and model of car I want to drive. It is an 87 Cadilac Fleetwood Brougham in perfect condition and worth far more than the $1700 estimate I recieved. They agreed to contact the dealer and try and get the dealers estimate lower, but I would have to pay the difference if I chose to have it fixed there. Can they do this? I am not at fault. Why am I being treated like I shouldn't have even been on the road that night. What are my rights? Can I insist on having the repairs made by the qualified dealer or do I have to accept their estimate and have my car fixed at their butcher shop. Also, I have neck pain and back pain that has kept me up for the second night and I have an appointment with my doctor tomorrow. What should I do. I think they will force me to settle and I will be left with a busted car and medical bills and it will be no fault of my own?



    Gary
  2. #2
    stephenk is offline Senior Member
    Join Date
    Oct 2001
    Location
    california
    Posts
    7,790
    Is your car insured? If yes, make a claim on your own policy if you have collision coverage. You have the right to have your car repaired at a dealership. Then let your own carrier fight it out with the other driver's carrier. Insist that your carrier waive any deductible.

    You can also just sue the other driver for property damage in small claims court. Any judgement you get will be paid by her insurance company.

    If you feel the other carrier is not making a fair offer of settlement you dont have to accept it. Just be prepared to prove your case.
  3. #3
    gdebay9 Guest
    Thanks for your reply. Yes I am insured and I have contacted my insurance company. They told me I did not have to file a claim if the responsible party's insurance will take care of the repairs. I'd rather not file a claim. We know that accidents, even if they are not your fault do not look good to insurance providers.

    Her insurance company is going to call me tomorrow to find out what I want to do. I want to tell them I don't agree with their estimate and that I will get another estimate. $350-$1700 is a huge difference. I could understand a few hundered dollars difference, but I don't feel there offer will properly take care of the repairs. I would feel more comfortable getting another estimate to get a better idea of what it will cost to properly repair my car.


    Gary
  4. #4
    gdebay9 Guest
    I need more advise. The at fault insurance company has refused to pay for the needed repairs to my car. I have two estimates and each exceeds $1500 and they will only pay up to $350 stating I would have to pay the remainder. They say their body shop will repair the car for that price if I will take it there. The problem with that is they don't want to properly fix it. They want to only replace the dented pieces and not do any blend painting. They also do not want to repair the hidden areas under the car. They actual stated that the least we do the better for your car. Not replacing the impact absorbers is a big safety risk I am told. I want my car in the condition it was before I got slammed into at the intersection. I have decided to sue the other driver and the owner of the car? Can I sue both or do I just sue the owner of the car? Do I sue the insurance company? I have a provable back injury and I am under the care of my chiropractor and my family doctor. I am in pain with constant headaches and I havn't slept more than 3 hours a night in two weeks because of back pain. Why oh why is it so hard for insurance companies to be responsible. Is there a formula for pain and suffering, a ration to medical bills? How much do I sue for? Thanks.




    Gary

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