Back and forth with insurance

[dpech66]

I asked for binding arbitration (girl rear ended me, I didn't have right kind of insurance due to miscommunication with finance company). Insurance company refused. I asked them to tell me their theory of liability, which they responded that I stopped in middle of road (not true, and I checked out where the witness was located in relation to accident--hedge in way, poor visibility). I contend she was following too closely and would have hit me no matter what the circumstances. I sent them a letter stating that I believed each of paying our own damages is fair (first they wanted all of it, then 75%, now 50%. The amount keeps dropping). They sent me a letter saying they hadn't heard from me (I did send them correspondence) and if I was not willing to make an "amicable" settlement by paying the 50% requested then they would consult with their legal dept. I feel that if they thought they had a leg to stand on they would have taken me to court (they have not, and this is from Oct 99). I re-sent them my original "pay our own damages" letter and am waiting to hear back.
My question is this: what are my chances (in the case that I am found liable-I am not but nothing is cast in stone in court) that I will have to pay more than 50%? Can they increase the damages? I feel that with all their correspondence dropping the amount is proof that they are just throwing it out hoping it will stick. Will a judge take this decrease of amount demanded into consideration? Also, what is the statute of limitations for filing a lawsuit after the date of the accident (just property damage, no bodily injury)? Is there a CVC traffic code regarding someone having to pay attention to the driver in front/following too closely? What about the fact that I asked for binding arbitration and they refuesed? Will a judge take this into consideration? I have tried to get an attorney to take my case but none will (not worth it to them money-wise, and they won't even talk to me in the first place). I may have to argue this myself in court. Any help to prepare myself in this event would be appreciated. Thank you.

 

[Tracey]

Settlement negotiations are not admissible as evidence of liability or comparative liability. Time to go to the library and ask the nice reference librarians if they have any legal self-help books on car accidents/insurance disputes. In future, send all correspondence certified, return receipt. Don't have phone conversations. Respond to all correspondence from them promptly. Assume every single word you say will be admitted against you in court.

Why are you offering to pay anything? If you believe she's liable, sue her! If the amount is small enough, sue in small claims court -- neither one of you can bring an attorney.

Can't tell you about the statute of limitations without knowing your state and the state where the accident occurred.


Since lawyers won't help you, check out "How to Win Your Personal Injury Claim" published by Nolo Press. http://www.nolo.com


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited June 13, 2000).]

 

[dpech66]

State is California.
I have not offered to pay anything (I sent them a letter saying each paying own is fair). They have been sending letters demanding I pay damages.
All correspondence has been by mail, not phone.
I do not want any money out of her (my damages were small, only about $1000, and I don't think I can because of the lack of insurance mishap). I simply want her insurance company to stop bothering me because I was not at fault. I feel this is more than fair. I believe that if I had an insurance company fighting in my favor they would not even be trying to get me to pay.
There were no injuries, but it's a big headache having this hanging over my head all the time.
As for settlement negotiations, I am not trying to negotiate a settlement. I am trying to avoid paying for her mistake. I was asking the question about court in the case if they do sue me, wouldn't their correspondence count for a lack of willingness on their side to work something out? Why did they not want to go binding arbitration (what have they got to hide? Do they think they'll lose?). Everyone I've spoken to thinks I have a good chance of beating this.

 

[lars coltrane]

I have 2 words for you: small claims court. o.k, so I can't count.

Sue for the cost to repair your car. Bring estimates and more importantly, photos of the street, and photos from the vantage point of the witness.

good luck.