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My friend "J" was approaching his apt. complex gate when he noticed another car about to exit the gate. He stopped just short of the gate-track (the gate was open) and waited for the other car to come out. However, the other driver turned wide and ran into J. He had noticed she wasn't watching, and when she didn't slow down he honked, but she was already too close to stop.
They both got out. Apparently she's not a native English speaker. He was incredulous when she mentioned how it was the fault of both of them. She said something about him being "in the middle," which J understood in context there as referring to at the gate-track, rather than out on the driveway or all the way into the complex.
However, when J called her insurance company, they seem to think that J's car was "in the middle" perpendicularly - straddling the center line. He was entirely in his lane. He requested that they call her and ask about what she meant, since English isn't her native tongue, but the agent said he's legally obligated to give her the benefit of the doubt, and that he cannot call her, only accept her calls. The other driver also told J that he was moving, which A) isn't true and B) she wouldn't know because J saw that she wasn't even looking.
Well, the repair to J's bumper is in the $700 range, this otherwise-sweet woman either won't admit to the full truth or is convinced her version is correct, and her insurance company refuses to cooperate.
Inasmuch as J and A (his wife) believe that the woman isn't being accountable for her actions, and that her insurance company is refusing to hold her accountable, they are considering taking the matter to small-claims court. They would seek only the bumper repair/replacement amount.
Should they go ahead? Are there other options? Is her insurance agent really legally obligated as he stated? etc.
Posts: 105 | Registered: Oct 2005
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I agree -- J's own insurance company should be involved, too, at least for advice (even if his insurance doesn't cover this).
Posts: 14017 | Registered: May 2000
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He should definitely get his own insurance company involved, but he may also want to speak to a lawyer. Did he not call the police? It's a shame because an offical accident report would help him greatly. Remember, insurance companies are not actually in business to pay your claim, they're goal is to pay as little as possible. With no accident report, her insurance company is certainly not going to go out of their way to accept his version of the truth, or pay his claim.
So...definitely call his insurance. If nothing else, they can advise him if he needs to speak to a lawyer.
Posts: 1214 | Registered: Aug 2005
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The police should have been called and a report made. If not...well...the matter becomes a he said/she said thing. His insurance company needs to be involved. He needs to file a claim right away. What type of insurance does he have? No-fault? Minimum?
Posts: 4953 | Registered: Jan 2004
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It also makes a good argument for carrying around a camera - either a disposable in the glove compartment or a digital (even better).
Posts: 8355 | Registered: Apr 2003
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Well if the accident was on private property ie the apartment property versus the road the police probably wouldn't take a report. I was hit coming out of Walmart and the girl behind me denied she ran into me (though she totally wasn't looking and was trying to go to the far left lane and beat traffic). In fact she told her insurance company I rolled back into her. I ended up having my insurance pay my chiropracter bills but left the bumper dented.
Its frustrating but short of court there may be no other recourse.
Posts: 1132 | Registered: A Long Time Ago!
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He should call his insurance company and let them know his side of the story. The way it works here (Alberta) is that once this is done (and preferably a police report filed) the insurance companies will discuss the situation and perform their own investigation to determine fault.
Posts: 1336 | Registered: Mar 2002
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Thanks, all. J has contacted his insurance company, but unfortunately it appears that he didn't call the police. I'll send J & A the link to this thread so they can keep the story straight.
Posts: 105 | Registered: Oct 2005
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I'm an agent myself. These things never work out like they should. Her insurance company is never going to pay a dime to J unless there is direct proof of what happened like a witness or a police report, or she admits fault. J is going to be stuck with his deductible unfortunately.
Before taking any money from his insurance company, J should find out from his agent (not the claim adjuster, they won't go into this) how his rate could be affected. A pay out of $700 minus his deductible is not worth it if his rate is going to go up by $200 a year or more for 3-5 years.
Posts: 3134 | Registered: Mar 2005
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