• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

3rd Party fender bender

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

P

Pepper

Guest
By the way lars and iaal - good job you did to haley3 it made me laugh - anyway i was in an accident on 3/14 a trucj hit a van and the van hit me. i called the cop and as the tension realeases i began to shake by this time we have all moved to the shoulder area of the 10west freeway - at first the passenger in the van came to ask if i was ok then she went to talk with the people of the truck and left me by myself later on both parties came to me and said oh by the way your damage looks minimal just a minor scratch the people in the truck started saying they will take care of the van's damage and the person on the van keep insisting my damage was minimal through my shaky hands and body i started to get the feeling these people are going to run out on me - so i started to ask for drivers license and such things both on provided me with names and phone numbers and were going to leave the lady in the van kept insisting that she was going to be late for a funeral -to my luck the cop i called came and asked if we wanted a police report i said yes the two parties said no cop said all have to be in agreement i insisted on yes cop ended up taking all infos and i sat in my car shaking called my sis in law to pick me up and take me to work fot to work was not allowed to work by my boss without a doctors release ended up having to take bus home because my sis had dropped me off and left went to doc got release was prescribed pain medication for headache which was pounding by then and neck pain. pain lasted for 3 days - since i could not go back to work i took car to the shop my insurance recommended car was in shop for two weeks(by the way damaged estimated to $2000.00 since insterior bumper was cracked my bumper was tilted and my trunk was popped up a little bit) in the meantime i got impression from my insurance company that the other two parties were evading my adjuster since i can only provide phone numbers to my insurance company - i called them myself and was told by lady in van that she was informed she's not liable for any of my damage and end of onversation -called the truck people and was greated with anger that they do to want to pay for $2000.00 damage for a mere "scratch" to my car. I told her hey it was the body shop who marked down the damage when he did a walk through i did not even noticed the damage at the scene of accident being i was badly shaking - all i care is that i be reimbursed my $10.00 doctor co-pay, my one day loss of wage $148.00, $6.00 police report fee, my $200 deductible and $400 car rental fee. Finally, after i got the police report my insurance was able to contact the truck's insurance company. the truck owners insurance company called me while i was at work i returned their call 3x so far and they have not called me back i would know because i have caller id even if they did not leave a message - they have sent me 2 letters one informing that he was the adjuster and that he has received the claim and i have to call him at such hour and such days i called him at those hours and those days but only got voicemail - 2nd letter is informing that rental coverage will be covered only if determined that their policy holder has that benefit while they recomend my car for repair in their recommended auto shop. My car has been repaired by now through my insurance. So my questions are can i claim for all the expenses i have stated because my insurance company has paid $1800 of repair thats about it, they told me to submi the medical bill to the truck's insurance company and they will try to collect my $200 deductible out of courtesy - should the truck's insurance compensate me for more than what i have put out of my own pocket? they did stress me out for a couple of days when my insurance company couldn't get hold of them nor i the first time all i got was voicemails and answering machines now my dealings with the trucks insurance company doesn't look like its going to be smooth sailing in the meantime I am $600 (good thing i haven't paid all my bills yet with my tax refund) hard out on cash not to mention what the one day pay loss hurt too to cover bills. i am not cheap to hire a lawyer just don't want to take advantage of people if i am not badly physically hurt (i do believe in the law what goes around comes around, do unto others what you want others to do unto you) - i do want to be compensated for what i lost and forked out money wise though.
 


L

lawrat

Guest
I am a law school graduate awaiting Bar results. I am only offering this information as mere guidance.

Okay, either the truck or the van are each liable....meaning you can collect from either. You should be able to collect because you were not at fault, each of them were. therefore, you should get everything (all expenses, reports, payments, etc) together and take it with you to your local legal aid foundation.

Ask for a dept. that would be able to help you....legal aid helps for no cost or very minimal fees. Most of the people who will help you there are practicing attorneys.

It seems each insurance company knows each is at fault, and is trying to pawn it off to the other one.

Also, I would, in addition to contacting legal aid and getting their help, contact the insurance commissioner. That dept. is responsible for regulating bogus or underhanded auto insurance practices. (i know, had to do almost the same thing)

: - )

Hope this helps.
 
P

Pepper

Guest
thank your very much for the reply any help is very much appreciated! this site is a blessing for people like me who is ignorant of the laws and could easily be swallowed by sharks - thank you again!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top