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Failure to Yield/ Inusrance question?

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mongui

Junior Member
What is the name of your state?TEXAS-
Hey everyone. Had a question. Back like 3 months ago I was involved in a car accident where a motorcycle ran into the back of my jeep and 1 other car was involved. Of course I called the police, had a report filed and I was told I had gotten a failure to yield row ticket so I went to defensive driving etc. At the time of the accident I gave the police officer my insurance policy number and all the information that was relevant. Anyways the point is now I keep getting harrassed by the other persons insurance because according to them, my insurance company reviewed the claim, denied it and they say I need to pay. Do I need to hire a lawyer? If this is so, what is the point of having liability insurance? I cant help that my insurance denied the claim. They fixed my car.
 


sukharev

Member
Ignore the other insurance, they don't have any legal way to get your money. This is unusual, as insurances typically work the issues out by themselves, and accept each other's decisions.
 

mongui

Junior Member
failure to yield-another question

But can that insurance report me to a collection agency? I have great credit and would not want it ruined.
 
S

shell007

Guest
mongui said:
What is the name of your state?TEXAS-
Hey everyone. Had a question. Back like 3 months ago I was involved in a car accident where a motorcycle ran into the back of my jeep and 1 other car was involved. Of course I called the police, had a report filed and I was told I had gotten a failure to yield row ticket so I went to defensive driving etc. At the time of the accident I gave the police officer my insurance policy number and all the information that was relevant. Anyways the point is now I keep getting harrassed by the other persons insurance because according to them, my insurance company reviewed the claim, denied it and they say I need to pay. Do I need to hire a lawyer? If this is so, what is the point of having liability insurance? I cant help that my insurance denied the claim. They fixed my car.
Usually liability coverage covers the OTHER driver! Chances are the Other party(ies) will end up filing suit against you.
 
sukharev said:
Ignore the other insurance, they don't have any legal way to get your money. This is unusual, as insurances typically work the issues out by themselves, and accept each other's decisions.


Very foolish advice.
 

justalayman

Senior Member
mongui said:
What is the name of your state?TEXAS-
Hey everyone. Had a question. Back like 3 months ago I was involved in a car accident where a motorcycle ran into the back of my jeep and 1 other car was involved. Of course I called the police, had a report filed and I was told I had gotten a failure to yield row ticket so I went to defensive driving etc. At the time of the accident I gave the police officer my insurance policy number and all the information that was relevant. Anyways the point is now I keep getting harrassed by the other persons insurance because according to them, my insurance company reviewed the claim, denied it and they say I need to pay. Do I need to hire a lawyer? If this is so, what is the point of having liability insurance? I cant help that my insurance denied the claim. They fixed my car.
Who is "they" in the final line?

Just because your insurance co. rejected the claim does NOT mean you are not liable. Your fault usually means you're liability. It does not neccessarily mean your ins. co. is liable or responsible. It would depend on coverage. Call you ins. agent to discuss.

Do NOT ignore the other insurance..Call your insurance co. to talk to them about their decision.

They would sue you first and (if) they get a judgement....then it COULD end up on credit report. Call your ins agent to discuss.

What it sounds like now is the preliminary stages of trying to claim for the damages you caused to the other vehicle(s). Here again...call your insurance agent to find out what is going on.

So.....go call your insurance agent. They will have answers for you.
 

sukharev

Member
1) Insurance cannot report you to credit agency - you had no credit from them, signed no papers or owe them anything

2) Your liabilitry insurance would cover damages to other parties, to a certain (reasonable) limit, but only if you were at fault. If you were not (and your insurance determination of fault should typically be adequate, and is legally acceptable), you do not have to pay anyone anything. Insurances typically work out these disputes between themselves, and that's why you have insurance in first place. Yes, call them up to discuss.

3) Unless large sum of money is involved, insurance would unlikely take it to court - it's not worth the time. If anything, it may wind up in small claims court, where your insurance determination of fault should stand. If it does not, you can in turn sue your own insurance for any legal fees, etc.

All that said, I am just speaking from 12 years of experience as a driver, not a lawyer. I've had insurance in 3 different states, with 4 major carriers, and over 12 accidents (counting my wife's), 3 of them at fault. Never did I get any requests from any insurance about paying up.

Any of people that just called my advice foolish, please explain why. I am not aware of any legal reasons to worry about this, unless the damages are large and insurances could not work it out. Even then, don't know why you would be liable when you were not at fault.
 

sukharev

Member
justalayman said:
They would sue you first and (if) they get a judgement....then it COULD end up on credit report.
What would be their grounds for a lawsuit? And, of course, if you do get sued, ignoring it is foolish, you can safely argue your case in court - your insurance has determined you were not at fault. Finally, even if they get judgement, HOW exaclty are they going to report it to credit agency?
 

justalayman

Senior Member
sukharev said:
What would be their grounds for a lawsuit? And, of course, if you do get sued, ignoring it is foolish, you can safely argue your case in court - your insurance has determined you were not at fault. Finally, even if they get judgement, HOW exaclty are they going to report it to credit agency?
To Sukharev: didn't say they had grounds for a lawsuit...stated that the ins co. would have to get a judgement first (hence the lawsuit comment) then it could be reported. Judgements will be on your credit report. If the other ins. co. wants their money they will sue the responsible party (apparently the OP) to get it. The statement about the OP's ins. co. determination of fault standing....what is that BS. That is what the court does when parties can't agree and somebody sues. BTW the OP never said they (her ins. co.) wouldn't pay because of an at fault determination. As far as the ins. not suing....guess what.WRONG. If they are wrong they probably won't sue but if they go that far they are usually confident of winning. YOU pay for it all. Also if you read the original post....OP is at fault. Do you this as an antagonist or do you really think you are correct?

To the OP: call your insurance agent for a talk. Get their input before calling an attorney. Could be misunderstanding.....who knows.....well actually they would so call them.
 
Insurance cannot report you to credit agency - you had no credit from them, signed no papers or owe them anything
It is called subrogation, look it up.

Your liabilitry insurance would cover damages to other parties, to a certain (reasonable) limit, but only if you were at fault.
Did you miss the part where the OP stated he was cited for failure to yield?

Unless large sum of money is involved, insurance would unlikely take it to court - it's not worth the time. If anything, it may wind up in small claims court, where your insurance determination of fault should stand.
Huh? The judge will rule based on the merits of the case irrespective of the determination made by the insurance company.

If it does not, you can in turn sue your own insurance for any legal fees, etc.
Please cite ANY statutory/case authority supporting your claim.

All that said, I am just speaking from 12 years of experience as a driver, not a lawyer.
And therein lies the problem.
 

mongui

Junior Member
Failure to yield-another question

I will call me Ins agent. But who could end up suing me? The other person insurance company? And I dont see why my insurance company would deny the claim if the police report filed stated that I got a citation for failure to Yield Row? What is the point of liability insurance in this case if the insurance company can randomly deny things even if the police report states it and then the cost has to come out of my pocket? Maybe I dont understand. Isn't liability insurance specifically for a case like this? If I am at fault, should my liability insurance not cover the other parties damages?
 
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justalayman

Senior Member
mongui said:
I will call me Ins agent. But who could end up suing me? The other person insurance company? And I dont see why my insurance company would deny the claim if the police report filed stated that I got a citation for failure to Yield Row? What is the point of liability insurance in this case if the insurance company can randomly deny things even if the police report states it and then the cost has to come out of my pocket?
The injured parties and/or their insurance company would be the parties to sue you for expenses they incurred due to the accident.

Don't know why your ins. co. did not pay. Your ticket basically puts the blame for the accident on you. Generally your liability portion of insurance would pay in this type of situation. Are there any exlusions on your policy such as no drinking or such that may be involved that come in to play? Here again...your ins co. would be the place to start. Remember though just because your insurance didn't pay does not mean you aren't liable. To little info to make any sort of call on this though.

Give your ins.co. a call and get some info.
 

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