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Auto Ins Advice? - 4/30/2005 2:59:23 PM

FangsNfeet

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This Dumb ass Mother fucker Son of a bitch Red Neck moron whiped my car out the other day when making a left turn off a road into my car causing a head on collision which throuh my car into the ditch and into a fence.

There I feel better now. Here is the situation after the event that occured 2 days ago. Before I start I want all to know that this incident happend in the state of TX and therefore goes by state laws.

Well the mother is the owner of the car. Her 20 yr old son was driving the vehicle when he hit me totaling my car. Fortunatly the car is insured and was never canceled. However, The insurance refueses to pay anything done to my car because the mother had her son excluded from the policy when she bought it. Since the son was exclued from the policy, it means that he shouldn't have been driving the car in the first place so the insurance is only going to give me Jack Shit and Jack went home.

Now, the guy who hit me has his own insurance which covers him when he's driving other vehicles. However, since he wasn't driving his car, his inurance will only pay for the car that he was driving and not do any business with me.

On the Bright side I am fully covered and can file with my insurance which will talk with the other insurance agencies and such.

So for those who know the law and have experience with Auto Insurance agencies, What are my best options as far as getting a laywer, fileing on my insurance, and making sure I get the settlement that I diserve?

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RE: Auto Ins Advice? - 4/30/2005 5:19:43 PM

SweetDommes

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If the other driver is found to be at fault, then he is liable - if his insurance doesn't cover the damage that he does to other property when he is driving a car that is not his, then they are not obligated to pay it, but HE IS liable to pay it. If you can't get it out of him, sue him. Make sure that you do work with your insurance though - they don't want to pay to fix your car any more than you do.

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RE: Auto Ins Advice? - 4/30/2005 5:22:18 PM

BlkTallFullfig

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quote:

ORIGINAL: FangsNfeet
So for those who know the law and have experience with Auto Insurance agencies, What are my best options as far as getting a laywer, fileing on my insurance, and making sure I get the settlement that I diserve?

Sorry about all the inconvenience Fangs...
In my experience, if someone is driving my car with my consent(the mother did not report the car stolen by her son, so she consented), than I'm still responsible for the damage my car did to someone else's.
If I'm driving someone else's car, I'm also responsible for the damage I do while is someone's car though my own insurance.
I'm reasonably certain that your insurance can probably take care of this and make the other insurance pay them back because in no way should this become your problem or that of your insurance as long as it was reported and police have the story down.
Good luck, M

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RE: Auto Ins Advice? - 4/30/2005 5:40:09 PM

stef

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quote:

ORIGINAL: FangsNfeet

So for those who know the law and have experience with Auto Insurance agencies, What are my best options as far as getting a laywer, fileing on my insurance, and making sure I get the settlement that I diserve?

Contact a lawyer that specializes in auto accidents/claims and do it ASAP. Keep this in mind, free legal advice from the internet is worth every penny you paid for it.

Good luck!

~stef

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RE: Auto Ins Advice? - 4/30/2005 7:50:10 PM

proudsub

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Sorry to hear that Fangs. I hope you weren't hurt. In WA we have uninsured motorist coverage which covers situations like this and it is up to your insurance co. to try to recover their losses but you get paid. If all else fails go see Judge Judy.

< Message edited by proudsub -- 4/30/2005 9:16:46 PM >

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RE: Auto Ins Advice? - 4/30/2005 8:31:09 PM

CTclay

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I'm no lawyer, but what's been said so far seems about right.

You are the only one who shouldn't have to pay for this mess, of course, and either insurance rules or, if it comes to that, a lawsuit should allow you to get repaid for any expenses. State rules may vary as to how this happens, but the principles will be the same, of course. Obviously, keep receipts and records and notes in order.

If you have insurance covering damages to your vehicle, you should expect the insurance company to either reimburse you right up to the limit you're insured for or be able to tell you exactly why they can't. I'd take notes when you talk to your insurance company and make sure to get down their answer to whether or not you're going to be reimbursed entirely (if you're not sure after talking to them, call them again). If they can't assure you of that, THEN go to an attorney who specializes in accident claims, an initial consultation with a lawyer should be absolutely free. And feel free to see more than one lawyer.

Lawyers for insurance companies of each driver usually work out the whole thing (your insurance company may pay you relatively quickly and then negotiate a settlement with the other insurance company for their reimbursement), so you probably won't need to get your own lawyer at all.

Either the son, the mother or both can be sued if necessary, and if it's only the son, even if he has no assets, a percentage of his future wages can be taken from him. If you're only recovering costs of the vehicle, don't go all gooey and be easy on him. Just about anybody can afford that, at least over time.

The problems with lawsuits, even if they never go to trial, are that you may have to pay the lawyer's bill, the time and effort it costs you to go to court is often not reimbursed, and while you may eventually get all the money coming to you, it sometimes takes a while and you might not get interest on top of the original bill. But those are some of the things you'd discuss with the lawyer.

I hope you're physically all right. If you have the slightest doubt about that, get yourself to the hospital.

It's a rotten thing to happen to anybody. I hope you get some relaxation this weekend. Best of luck.

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RE: Auto Ins Advice? - 4/30/2005 8:52:01 PM

FelinePersuasion

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Be prepaired not to get a settlement my mom was hit over 3 years ago Her neck was cracked and she had to go to pt and was in lots of pain. Sam got a new car because hers were totled and my mom well the lawers had a hearing on her birthday then moved it ahead 6 months and there's no sign of settlement.

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RE: Auto Ins Advice? - 4/30/2005 8:57:42 PM

brightspot

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Some F*#king people!

I too hope you are okay Fang, and
hope everything is worked out, so,
you're insurance doesn't sky-Rocket.
Best of Luck!

*Brightspot

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RE: Auto Ins Advice? - 5/1/2005 7:13:43 PM

FangsNfeet

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Other than a seat belt burn I'm ok. I had nothing wrong with me that a couple of extra strenth tylenol couldn't fix.

So far calling my insurance agent is the plan. I'll be making the call this monday morning.

The situation with the Mothers insurance is that the Mother Had her son specificly EXCLUDED from the policy meaning that he should have never been driving it in the first place. So her insurance refuses to pay for now.

I do have full coverage including being hit by one with no insurance which my car can be taken car of.

As far as sueing it would be a waist of time. The car that hit me was a 1981 ford LTD which pretty much tells you how much money they have. The guy that hit me was a 20 year old redneck with a minimum wage job. His mom and dad are rednecks as well.

The blue book value of my car is $5000. I'll be needing to get a new car ASAP. I'll let everyone know how things go next wkend.

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RE: Auto Ins Advice? - 5/1/2005 7:31:21 PM

onceburned

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From: Iowa
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Fangs, I am glad you are alright and that you had uninsured motorist coverage.

I have to admit that it seems strange that the guy's insurance would cover damage to the car he was driving but not the damage done to your car. I had thought that liability insurance was the foundation for all other coverage... but I guess not.

I hope you get your car replaced soon.

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RE: Auto Ins Advice? - 5/1/2005 7:39:46 PM

knees2you

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Remeber the old saying You can't get blood out of a turnip,
well it is true~

You Will probablly have to pay Your deductable,
and then Your "Insurance Company" will have to go
after the other Driver, if that is aloud in Texas?

Other wise take Him to small claims court.
It will take awhile, but Show Him and
Mom that You mean Business!!!!

Sincerely, ant

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RE: Auto Ins Advice? - 5/2/2005 12:42:36 PM

sub4hire

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quote:

So for those who know the law and have experience with Auto Insurance agencies, What are my best options as far as getting a laywer, fileing on my insurance, and making sure I get the settlement that I diserve?

You ever try to file a term death benefit insurance policy? In other words the ones that come in your mail that you pay like 5 dollars a month to for an accidental death?

If not, well lets say you now have to. Doctor's are urged not to put down any form of accident down as death. Thereby leaving you out in the cold.
You then have to go out, get the death certificate changed. Not the easiest task in the world. Especially if it was an accident and they were in an ER.
It is easier if it is a doctor you know.

Then you have to file a lawsuit..because of the change the policies do not have to pay.

Basically what I've been told over and over...well not anymore because I know how the system works and I hold onto an attorney I use for it all.
Those term life policies do not pay off period. Only when you go to court and fight over your dead loved ones body do they. Only when forced.

Not on topic, but it is an insurance rant never the less.

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RE: Auto Ins Advice? - 5/2/2005 12:54:32 PM

proudsub

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From: Washington
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quote:

Those term life policies do not pay off period. Only when you go to court and fight over your dead loved ones body do they. Only when forced.

I've never paid for one of those, but i have signed up for a lot of free ones from various credit cards, etc. Just hope i never have to use them.

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RE: Auto Ins Advice? - 5/2/2005 3:35:12 PM

sub4hire

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quote:

I've never paid for one of those, but i have signed up for a lot of free ones from various credit cards, etc. Just hope i never have to use them.

This past April 4th marked 3 year's for my mother's death. This coming July 1st will mark 3 for my sister's. I'm still dealing with the credit card companies over those little 1000 insurance plans. The attorneys tell me it would cost me more than 1000 a policy to fight. So, I'm advised to fight those myself.
Most of the cards have been paid off now by me. Yes, I know I could have allowed them to default..but that just isn't me. It would still be nice to have all those 1000 checks come in the mail.

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RE: Auto Ins Advice? - 5/2/2005 4:05:57 PM

SenorX

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File the claim through your insurer and ask them if there is a subrogation provision in TX whereby your insurer will then pay the damages and subrogate against the at-fault driver's insurer. If the at-fault driver was, de facto, insured to drive other people's vehicles, then he was, de jure, driving another person's vehicle, ipso facto, his insurer is liable.

Best Regards,

X

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RE: Auto Ins Advice? - 5/2/2005 4:58:49 PM

sub4hire

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quote:

File the claim through your insurer and ask them if there is a subrogation provision in TX whereby your insurer will then pay the damages and subrogate against the at-fault driver's insurer. If the at-fault driver was, de facto, insured to drive other people's vehicles, then he was, de jure, driving another person's vehicle, ipso facto, his insurer is liable.

What?

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RE: Auto Ins Advice? - 5/2/2005 7:07:21 PM

proudsub

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quote:

This past April 4th marked 3 year's for my mother's death. This coming July 1st will mark 3 for my sister's. I'm still dealing with the credit card companies over those little 1000 insurance plans. The attorneys tell me it would cost me more than 1000 a policy to fight. So, I'm advised to fight those myself.

That really sucks.

grrrrrr can't type one short sentence without a typo.

< Message edited by proudsub -- 5/2/2005 7:08:10 PM >

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proudsub

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RE: Auto Ins Advice? - 5/2/2005 10:56:15 PM

SenorX

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In other words, your insurer has a duty to represent you and protect your interests... that is what you pay property & casualty insurance premiums for... to indemnify you (put you back to the same financial position, without gain, that you enjoyed prior to your loss), therefore, you should have your insurance company (insurer) handle the claim for you, inddemnify you for your loss, and then the insurer can go after the other person's insurance company (at-fault driver's insurer) or the at-fault driver himself.

If the other person was... as a matter of fact, but not law (de facto) insured to drive other people's vehicles, then he was, as a matter of law (de jure) driving someone's vehicle that was not his, then the insurer, because of the facts (ipso facto), is liable.

Best Regards,

X

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RE: Auto Ins Advice? - 5/3/2005 1:22:46 PM

sub4hire

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Thank you

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RE: Auto Ins Advice? - 5/3/2005 5:08:55 PM

FangsNfeet

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Just to get the facts straight I had a consultation with a lawyer. The driver wasn't driving his car. He was driving his mothers car. So the drivers insurance isn't responsible for my vehicle. It will only cover the vehicle that he wrecked. The mother had her son excluded from her policy on the car that crashed into mine. Sure the mother and son are liable for my damages but there insurances aren't liable for anything. Unless they are keeping a low profile the family is BFE redneck poor.
As advised by my lawyer I filed on my uninsured motorist coverage. I now have a rental car and should be getting my Blue Book cost on my car soon. The detucable is only $250 and I can swing it.

Thanks everyone for this discussion and hope that all of us where able to learn a thing or two about how auto insurance works. I advise everyone to carry Full Coverage to avoid being screwed.

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