QuestionI am a texas resident who was rear ended on my back driver's side and trunk going 65mph by a dump truck who came over into my lane. The pressure caused my vehicle to cross over into his initial lane and crash into a concrete barrier that seperated opposite traffic.The driver of the truck has told his insurance company that he was not at fault at all, and the only reason he hit me was because I had already lost control of my vehicle (it was a clear, sunny day). He also tried to tell this story to the police, who did not believe him due to the skid marks from my vehicle and the front of his bumper and the back of my bumper. He attempted to wipe his bumper off but was unsuccessful. the officer has stated that he will testify in court if need be.I do not want to have to file it on my insurance in the mean time. What do i have to do to get this insurance company to accept my claim. If i find a witness to the incident, how much will that help?
AnswerHi Nasha,
It is hard to answer your question precisely since you never let me know:
(1) whether you sustained any injuries (i.e. did you sideswipe the barrier or hit it head on or what?);
(2) what kind of problems you need to solve (i.e. just vehicle repair or just payment of medical bills, or what?)
Just the same, I think I will be able to give you sufficient information to solve your situation, at least as I understand it. Because you have been wrongfully screwed over by that company, I am going to put in a lot of time to make an answer that is full of all the information you will need.
My approach would be to FIRST solve the immediate need for transportation and SECOND for payment of medical bills. We will address any personal injury claim last. In a case like this, you should not shy away from using your own company for those two things. Let's take them one at a time.
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#1. Property Damage—rental car—deductible—raising your premium rates
Here is why I would NOT HESITATE TO CALL YOUR OWN COMPANY. First off, your own company cannot raise your rates with the information you give about the accident and the evidence mentioned by the police. The reason: this is NOT an at-fault accident and your own state insurance commissioner http://www.settlementcentral.com/links.php
(hopefully) has regulations that prohibit any rate increases for accidents that are not the fault of the insured. And even if there are no such regulations, your own contract will not allow the increase if you are not at fault. (I will address the fault issue below.)
You will get better service right now from your own company rather than trying to fight on liability with the tortfeasor's company. So let's plan to pay your own deductible and get the vehicle repaired.
Here are some pages of free auto accident information www.SettlementCentral.Com website.
• FAQ—Diminished Value Claims http://www.settlementcentral.com/page0454.htm
• Diminished Value Claims http://www.settlementcentral.com/page0455.htm
• Auto Accident Collision Repair Shops & Insurance Adjuster Relationships http://www.settlementcentral.com/page0456.htm
• Hire YOUR OWN Auto Collision Repair Expert for Repair Negotiations http://www.settlementcentral.com/page0457.htm
• Auto Accident First Steps: Report to Insurance? Save on Storage; Choose Collision Repair; Rental Car Rights http://www.settlementcentral.com/page0458.htm
If you have rental car coverage, your own company will pay the rental. If you do not have any rental coverage, you will have to figure out some transportation on your own, unless we can convince the tortfeasor's company to start paying. If you have room on your credit card and you need a rental car, go ahead and get one. You WILL BE PAID BACK from the tortfeasor. Just do NOT expect money for a car that is bigger or better than your existing vehicle.
Please note the rules on rental rights on the pages above: you are ENTITLED TO RENTAL MONEY EVEN IF YOU NEVER RENT A VEHICLE.
You will have to fork over your deductible, but you can also make arrangements with your own company to collect it for you when they use their subrogation rights to go after the tortfeasor's company for the costs they paid on your repairs. If your company will not agree to collect your deductible for you, then you will include that with your demand letter.
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#2. Medical care—Personal Injury Protection (or MedPay provisions)
Even if the tortfeasor's company were to admit liability, we do not recommend that you use them to pay your medical bills during the time you are undergoing your treatments.
Personal Injury Insurance Claim: Insurance Company Payment of Medical Expenses as Incurred http://www.settlementcentral.com/page0201.htm
Hence, it is always better to use your own auto insurance or health insurance to pay the medical treatment bills as they are incurred. You will want to keep track of the payments that are made on your behalf so that you can use those in making up your demand letter later on.
• Demand Letter Samples To Settle Your Personal Injury Claim http://www.settlementcentral.com/page0170.htm
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#3. This tortfeasor is 100% liable—DO NOT EVER AGREE TO ANYTHING LESS
Their argument is INANE AND LEGALLY DEFECTIVE for two reasons.
FIRST, as a matter of factual evidence, you DID control your vehicle until it was PUSHED from one side of your rear bumper, at which time it was shoved forward at an angle that moved toward the inside lanes and thence the concrete barrier. Hence, there is no evidence whatsoever of any failure to exercise control over your vehicle in these circumstances since the impact of the truck itself is what caused your vehicle to move to the left.
SECOND, assuming an alternate to the above argument wherein the tortfeasor is trying to argue that you failed to control your vehicle—one who causes the emergency CANNOT complain about the reaction of his victim.
How can they argue that they get to be negligent and to hit your vehicle, but get off the hook because you were allegedly unable to control your car? That argument will not fly in court. Use the argument above, plus this: one whose negligent acts precipitated the emergency cannot blame driver who was put into danger. Absent some obviously negligent act on the part of the victim (that is you), the perpetrator does NOT get to complain if the victim's reactions were not perfect.
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#4. What should you do about the demand letter?
If you have some injuries that caused pain and suffering of any kind, you are entitled to an award of general damages from the tortfeasor. DO NOT accept any reduction whatsoever for your alleged comparative negligence. You did NOTHING wrong.
Once you are nearing the end of your treatments, write to me with full information on the injuries, your treatments, the costs, how the medical costs were paid, the prognosis, lost wages, etc. I will then give you a number of pages of free auto accident information.
One thing I would mention now is DO NOT MAKE ANY RECORDING OF ANY KIND FOR THE TORTFEASOR. You are not required to make any recorded statement, even though the adjuster will lead you to believe that you will lead the rest of your life in shame unless you speak to her! Tell her that you think much better reading things, so if she would like to send you her questions, you will be glad to answer them.
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#5. Learn how to communicate with the insurance adjuster: FINAL TOPIC—COMMUNICATE IN WRITING AND "DEMAND" NOT "ASK"
FINAL TOPIC, Nasha: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
