pursued by some one elses insurance company for something that is not our fault.

[lessis more]

California,

Hi all,

My brother got into a bike on bike accident some time ago. The other cycilist filed a claim with his home owners insurance. We just received a a letter from his insurance company stating that they think my brother is at fault and want him to pay the around $2000 for the other guys new bike(a 2007 or 2008 model).

first, my brother was not at fault here.

second the guy emailed my brother and said his 2004 frame (worth around $500) was the only thing damaged, the other parts of the bike are fine.

the $2000 can buy the guy totally brand new bike, not replace the older one he had.

the insurance company has already paid there client and they are coming after my brother. what is the proper thing to do here? If he gets a layer it will probably end up costing him more than the $2000.

Does the insurance company have a leg to stand on?

thanks.

 

[seniorjudge]

Your choices:

Pay up

or

Hire a lawyer and fight it (and you still may have to pay up)

or

Go it alone without a lawyer and fight it (and you still may have to pay up).

 

[lessis more]

I'd also like to point out that my brother has damage to his bike as well. how does California being a dual fault state come into play here?

 

[Zigner]

What actually happened?

 

[lessis more]

I wasn't there but this is loosly what i think happend. two cycilist on a narrow path traveling in opposite directions. both where taking up the middle ground and they collided. there was no way to veer off the path as there was a freeway on one side and a 200 foot drop on the other. This was a designated bike path and people ride very fast.

 

[lessis more]

My brother just got off the phone with the insurance company. they said they would not take him to court but they would pass him on to a collections agency. How can they do this? legally can they do this?

It didn't seem like they could pinpoint fault, and now they are just trying to manipulate the situation to get paid.


they kept asking for my brothers side of the story. he gave them a loose explanation and said he would confirm or deny any thing the other guy said. she said they had to end the conversations. that was it.

 

[VeronicaLodge]

did your brother turn his damages into his homeowners insurance? have the two insurance companies battle it out.

 

[lessis more]

thats part of the problem, he is renter and didn't have renters insurance at the time of the accident. he has insurance now for just this reason.

 

[Zigner]

thats part of the problem, he is renter and didn't have renters insurance at the time of the accident. he has insurance now for just this reason.

A valuable lesson...

 

[lessis more]

Does the Insurance company have the right to send my brother to a collections agency? they have not renderd any services in which they are owed money. Is it OK to just just claim that he owes them money so he has to pay? He offerd to go to small claims court but they said no.

 

[VeronicaLodge]

i dont know for sure, so someone else can answer, but my guess is no they cant until they get a judgment against him. i think they are just trying to use scare tactics to get him to pay them. let them sue, then he can defend saying it wasnt his fault but the other guys fault and by the way, here is my counter claim.

 

[moburkes]

They were both at fault. They both are responsible for paying 1/2 of the other person's injuries. Since your brother (stupidly) did not have insurance, he has to fight this fight alone, or hire an attorney, as has been advised.

 

[lessis more]

Update on the case.

i was asked to move an old post to the original post, sorry for the repetative nature of this post.


What is the name of your state? CA

Hi all,

My brother got into a bike accident about 6 months ago, no tickets where issued and no fault was determined. The other guy reported his broken bike to his home owners insurance which covered it. He got them to cover the cost of a new bike $1900.00, even though his bike was 4 years old. Any way the insurance company called my brother and told him they are holding him responsable and asked him to pay the $1900.00. My brothe'rs response was to settle this in small claims court, which he was happy to attend with them. the insurance rep did not want anything to do with court or the legal system. They have now sent my brother to collections for a bill that he is not responsable for, in his opinion. The collection company has not sent any paper work on the process. At the time of the accident my brother did not have renters insurance to cover the cost. He also lost his bike($1400). But at this point he just wants to keep his credit clear.

The steps we have taken are;

file dispute with the California department of insurance.

written to both the insurance company and the collections company disputing the claim.

contacted the highway patrol for there reports on the case.

The insurance company sent him a letter stating "they have investigated the claim and have determined it is his fault. See document enclosed". And all that was enclosed was a picture of the other guys broken bike and an estimate for a brand new bike from a shop. My brother feels that this is not sufficient proof of fault(as there was no fault) and that the insurance company is just trying to strong arm him. So i guess the question is, does he fight the insurance company and prove he was not at fault or does he fight the claims company for collecting on a bill that is not accurate, or both?

with which company, does he start his arguments?

thanks all.

 

[moburkes]

He disputes the claim with the collections company, just as he would any other debt.