QuestionSome guy pulled out in front of my husband almost a month ago. My husband swerved to miss him & hit a guard rail, the car is more than likely totaled. The guy is now changing his story, saying it wasn't his fault, when in the police report he states that it was his fault. We've had a rental car and our car has been at the tow company since the accident, now all of a sudden we're responsible for the bills for these 2 places and to get our car fixed or totaled out. If we have to go to court is there any way to get what we now have to deal with since this guy is lying? Or what do you suggest?
AnswerHi Megan,
If you haven't already done so, you need to make a report to your own insurance company. Most states require that your company provide proof to the department of insurance that you were insured at the time of the accident. I am assuming that you did not carry collision on the car your husband was driving, otherwise, you would have had your own company repair or total the car and then do all the necessary work to recover from the adverse driver.
If you didn't carry collision, that means that your company is not legally obligated to pay any money for damage to your car, and state law says that since they are not obligated to pay any money, they have no legal interest in this case. This means they are prohibited by law from providing you any 'free' legal advise. Their hands are tied as far as being of help.
The adverse insurance company is required by law to accept their clients statement and being fully of fact and truthful UNLESS there is a police report or witnesses that contradict his report.
Since there is a police report that places their insured at fault, I simply can't understand why they would take the risk of acting in 'bad faith' and denying your claim.
Your first step is to get the car out of the tow shop. Their charges are probably at least $45-$60 per day.
Your nest step should be to file a complaint with your State Department of Insurance.
Just type 'yourstatename' department of insurance' in your web browser and hit go. This will bring up multiple sites in your state dealing with insurance. Scroll through them and find the one that states 'official site of the department of insurance'. Click on that site and scroll through it and you will learn how to file an e-mail and telephone complaint. They should be willing to enter this case and provide assistance.
If not, your nest step is to get at least two different shops to write estimates for the repair of your car or write an estimate that just says 'total loss'. If the car is a total, then you need to visit 3-5 used car lots and get written statements from each of their 'willing to sell for' price for a car identical to yours with the same equipment and mileage.
Your nest step should be a call to your County Attorney Referral Association (it's free) and request the names of at least 3 attorneys that have experience handling 'Bad Faith' insurances suits and have TRIAL EXPERIENCE in this field. In many states the first consultation is free, in others, there is a minimal charge of $20 for the first 30 minute consultation visit. Take your estimates for repair, your dealer quotes for a replacement car, the storage bill , the car rental bill and a copy of the police report with you for the consultation. If the attorney is convinced that the adverse company has acted in bad faith in the handling and denial of your claim, you have the right to sue them not only for the financial losses, but also for a very large putative damage award. If the attorney feels that you have a legitimate bad faith situation, he will handle your case on a contingency basis, meaning that he will retain up to 40% of your award as a fee for his service. If he doesn't feel that you have a bad faith claim, DO NOT hire him to recover your economic losses, this is something that you can do in small claims court.
If your nest step is small claims court, you need to take the average of three highest estimates for a replacement car or the average of the two estimates of repair, add the cost of storage and the cost of the rental vehicle and file small claims court action against the driver of the other vehicle.
If this becomes the final site of resolution, please send me a follow up question and tell me what state this accident occurred so I can advise you of the small claims court laws that apply there.
I hope this has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 12-10-07 4:25 PM PST
