QuestionI was rear ended and the guy was given a citation, but when we went to court, the judge noted the citation and ask me and the other parties did we see any reason why the guy should pay the fine an could the ticket be dropped??? I answered her by stating, If the gentlemen insurance company would still take care of our claims, then I wouldn't have a problem with it! WAS THAT WRONG for me to do or will the guy insurance company still have to pay for the damages to our cars. The police report stated what happened and show he was at fault.
Answer Hello Tyree,
You've appeared in court and the claim has not previously settled? In my experience, property damage claim settlements should have been settled long before the weeks or months it takes to get to a traffic court.
Setting that aside, let's take a look at the judge's actions. I feel like something is missing here. Why would the judge want the ticket to be "dropped"? Was it because the judge did not agree that the other driver had rear-ended you? Why would he need your "permission" to determine the other driver's fate?
Certainly is strange. I don't think you were "wrong" to look out for your financial interests ahead of the other guy's problems, but it certainly is "wrong" to find someone not guilty when it would appear that he is responsible for the accident - at the expense of innocent drivers.
Now how this will effect the insurance claim is another matter. When claims are filed, insurance companies are obligated to conduct their own independent claim investigation. Ordinarily a rear-ender is pretty cut and dried. I can't see where there would be a delay - unless the other driver somehow connived the adjuster into waiting to see what occurred in court. That would certainly be improper as it relieves the insurance company of its duty to investigate and it places an unjust time delay on your settlement.
You don't say what the judge ultimately decided, nor have you detailed any discussions you have had with the insurance company. But if I were you, I would insist (politely) on a fair settlement for your damages. I'm hard-pressed to figure out how the other driver would not be responsible.
If the adjuster refuses to cooperate, call the company directly with your claim number and ask for the name and phone of the claims manager for this claim. Contact that manager directly and demand (again politely) a fair settlement, or at the very least a specific reason why they are not responsible for your damages.
If they deny your claim, they have to provide you with a written denial, citing the reasons for the denial. Your only possible option in that situation would be to consider small claims court where you would sue the other driver directly. You might want to consider a legal opinion in that event.
For more detailed information, you can visit my website, http://InsuranceExpertAdvice.com
You'll find some informative consumer articles there on how to deal with insurance companies.
Good luck.
Jane Pytel
http://InsuranceExpertAdvice.com
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
