Auto Insurance Claims: 3 car accident, uninsured motorist coverage, exit 28b

Question
This occurred on a 3-lane interstate (all travelling in the same direction). The SUV was in the middle lane and I was driving in the far right lane (where the exits are). The SUV suddenly came perpendicular/sideways (close to 90 degrees) in my lane as I believe she was trying to take an exit she had missed by going though a patch of grass that would still allow her to get the Union turnpike exit (28B). The driver mentioned she lives in the area and when it was time to leave she took the exit in question to do so.

The pavement had been wet since it had been raining.

She however claims someone else hit her, but there is no other damage to her car (as can be seen in the pictures I've attached) besides where our two cars collided. There was no other car that hit the SUV from my view neither was there any noise/bang that could be heard. The suv only has damage along the right passenger side doors and I have damage mostly at my left front end.


Her insurance company denied my claim blaming the phantom car for liability. They said the phantom car hit her the same place the maxima did. My car is pretty much totaled (> $5,000 damage) and I nly have liability for my 97 max. I don't know what to do anymore

Answer
Hi Jay,

Dr. Settlement is back in the saddle!  It is GOOD to be back into my own house.  We lost our power here in WA for two days—one million houses without power.  But we were able to return home tonight, so I am just now getting to open my e-mail.

Sorry to hear that you are getting the run around from them.  We can look at ways to get your repair and injury money from her.  

First though, let’s make sure that you don’t have uninsured motorist coverage (UIM) property damage.  I take it from your statement that you elected to skip on the collision coverage for your car.  But in most states UIM is either mandatory or one has to sign a special acknowledgement that he is waiving the UIM coverage.

So it is likely that you already do have UIM property damage.  THAT would solve your problem.  If you did not purchase UIM, do you recall signing a waiver?  

You might contact your state insurance commissioner http://www.settlementcentral.com/links.php to find out whether or not you had to sign a waiver on UIM.  Then if you have not signed the waiver, you can get them to pay your damages.

As for the present situation, let me know if you are injured, since you will have to do something other than what I am going to suggest here.  In other words, if you sustained any injuries, then we will take a different course, depending upon what happened to you.  

But if you have no injuries and you only want payment for the property damages, then the best forum is your small claims court.  Yes, the limits may be only$4,000.  But that is a heck of a lot better than zero.  

Plus, no attorneys are allowed, and that should include no representatives (i.e. insurance adjusters acting on her behalf).  The complaint form is easy to fill out; it costs only $50 or so, and it WILL GET YOU RESULTS.  

With the evidence you have amassed, the judge will rule for you.  But I suspect that once she is served with the Complaint, the supervisor will direct that the claim be paid.  

Finally, take a look at this page for information on phantom cars and proving UIM claims.  http://www.settlementcentral.com/page0550.htm

This raises the question of whether or not HER insurance company has allowed HER to fix her car on the basis of a phantom car accident, OR ARE THEY MAKING HER PAY HER DEDUCTIBLE.

Best Wishes,


Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com