waiting and waiting

[frustrated innc]

What is the name of your state? North Carolina My daughter was involved in a car accident on 5/5/06. She was traveling straight through an an intersection and the other car turned left in front of her. Both cars had the green light (no arrows or anything). My daughter hit the other car in the rear passenger door. The policeman at the scene issued no tickets because he did not see it happen. When I asked him how it could be my daughters fault since she was the vehicle going straight through the intersection, he said that is why he hates auto accidents, just her word against hers. He also told me he has the right to give anyone involved in an accident a ticket that he wants to. Anyway, the police report said car 1 (my daughter) failed to yield to car 2 and car 2 failed to yield the right of way to car 1. Our insurance company has not been able to get a statement from the other girl and her own insurance hasn't either. Her insurance company told me that she hung up on them and was supposed to come into their office last Wed. but didn't show up. Her insurance company saild the police report favors my daughter. I don't want my own insurance to fix our car but am very frustrated waiting. What is the legal time period for this to go on? Thank you for your help.

 

[JETX]

What is the legal time period for this to go on?

In your state, the SOL for a property damage claim is 3 years.... so it could go on that 3 years.
I suggest you file a lawsuit against the other driver or file a claim on YOUR insurance.

 

[moburkes]

What is the name of your state? North Carolina My daughter was involved in a car accident on 5/5/06. She was traveling straight through an an intersection and the other car turned left in front of her. Both cars had the green light (no arrows or anything). My daughter hit the other car in the rear passenger door. The policeman at the scene issued no tickets because he did not see it happen. When I asked him how it could be my daughters fault since she was the vehicle going straight through the intersection, he said that is why he hates auto accidents, just her word against hers. He also told me he has the right to give anyone involved in an accident a ticket that he wants to. Anyway, the police report said car 1 (my daughter) failed to yield to car 2 and car 2 failed to yield the right of way to car 1. Our insurance company has not been able to get a statement from the other girl and her own insurance hasn't either. Her insurance company told me that she hung up on them and was supposed to come into their office last Wed. but didn't show up. Her insurance company saild the police report favors my daughter. I don't want my own insurance to fix our car but am very frustrated waiting. What is the legal time period for this to go on? Thank you for your help.

It doesn't matter which company pays the claim. It will not affect your daughter's rates, unless the accident turns out to be her fault. It actually sounds like the vehicle will be repaired faster if your daughter pays the deductible and gets her vehicle fixed through her own company. Even if the police officer wrote a ticket, that ticket is not binding to the insurance company to determine fault. More than likely, the other driver will be determined at fault, especially if she doesn't cooperate. Your insurance company will subrogate to get their money back, as well as your deductible.

 

[MHH]

I feel your pain. I'm also from NC and am going through a similar problem where I feel beyond a shadow of doubt that the fault is with the other driver, but the police report says otherwise and I also got a ticket. The police officer in your case is correct. They can ticket any way they want to. Both parties are insured by the same provider, which makes it extremely difficult because the insurance company wants to settle right away by having my policy pay for my and his repairs. To beat all, the other driver was driving while revoked. The car was insured by his wife, who has since dropped the insurance. My recourse has been to hire a lawyer to handle the ticket. I've been told you cannot sue your own insurance company, because when you sign the contract with the insurance company, you give them the right to arbitrate on your behalf. My lawyer has already spoken with the DA, who has summoned the police officer who wrote me a ticket to meet in front of the judge. Our goal is to get the police report changed to my favor. My court date is today, so wish me luck. These are all things for you to think about.

 

[MHH]

Sorry I rambled on about my case. It's been driving me crazy, so I spill my guts to anyone who will listen and even those who don't want to.

Anyway, to my point. I just re-read your case and realize you said the police report favors your daughter and not the other party. That will help you in the long run. My agent told me insurance companies look at the police report and the written statements from the parties involved to help determine who's at fault and whose insurance pays. If your daughter and the other party have different insurance companies, that will probably help you too. In my opinion, opposing insurance companies will "fight it out" more aggressively than if both parties share the same insurance provider. As I said, that's just an opinion. I would definitely say don't give up or give in until you have exhausted every possible means of getting what you feel is fair.