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How should I handle this?
I got hit by a wheel/tire assembly. Here's the story:
Went to the post office a couple weeks ago to mail the property tax bill. While waiting to make a left turn onto the street the post office is on, I got hit by a wheel that came off a Jeep. Guy was making a right turn and his left front wheel comes off, bounces across the street right into my bumper (wife's '13 CR-V). The guy drives his Jeep over to the curb on the rotor, I make a U-turn and park in front of him. He gives me his license and a AAA insurance card. I fail to ask for his registration, my bad. Anyway, the damage to the bumper at first looks like smudges from the tire hitting it, that will rub out. There are some scratches though that might not buff out. I was glad the tire didn't hit the headlight as it would have taken it out. I photo the guys info, the hub sitting on the ground and leave after saying I'd try to rub out the paint myself but would be in touch if it didn't rub out. I go home and rub the smudges off but the scratches aren't leaving. A couple days later a friend comes over and looks at it and says the paint is cracked. I take the car to a repair shop we've used in the past and get an estimate of $672 to repair the bumper as the tire did fracture the paint. I mail a certified letter to the guy stating I'll wait a week to hear from him on how he wants to handle paying for it to give him a chance to not use his insurance company. I include the estimate with the letter. Week goes by I hear nothing so file with AAA. Got a call yesterday from the adjuster that took the claim and he states they won't cover the damages because the guy isn't on the policy. From what I can gather from the doc's I photo'd the Jeep policy is in his mother's name and she and one other female are the named insured. What is my next step? Wife is adamant that we will not be putting any money out to fix the car, and I agree. Would this fall under our comprehensive coverage which has a zero deductible? Pisses me off that low life's like this are running around on the streets without insurance. |
File a report with the Sheriff's dept. Hopefully, they'll give him a friendly call and lean on him a bit to make you right.
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Does car insurance cover cars, or people?
It's that ol' problem. |
Just my opinion but I'd say let your comprehensive pick it and then let your insurance company chase the other party for their compensation. You've already paid your insurance company now it's time for them to earn it. YMMV.
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File with your insurance. They'll subrogate.
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Your insurance will subrogate and handle it. Really should not be too much for you to do unless things go south. More likely that they will be able to convince the other company to pay up rather than it getting messy. |
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Our collision deductible is $500. Comp should be $0 though.
Since this isn't a 'collision' (which I assume means car-to-car) I would think it'd be covered under the comp. Guess I'll have to call my agent. |
How much was the property tax bill?
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By the way, the call center adjuster you spoke to is an idiot. He's probably a newly trained entry level employee who didn't absorb any knowledge during training. The car is insured. It doesn't matter who the driver is. Unless the car is stolen the insurance covers any permissive user and the insurer cannot deny a third party's claim.
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I'd still file the police report. If he's driving his mothers car and he's not on the policy he's driving uninsured. That's a no no up here.
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Thanks for the input guys.
Once I get over this flu bug I'll feel more like tackling this. Oh, and it's not like this is some teenager using his mom's car, the guy's 50+ yrs old. |
Scott,
Just consider yourself lucky as you can post about it. Less than 3 months ago I came across a scene similar but the tire did not hit the bumper, it hit the windshield and kill the guy on is way to work. 10 minutes earlier it and could have been me... As for insurance company, they are all the same, love to collect but will do anything not to pay out. |
Auto policies cover cars, not people. Even if he is an excluded driver, the vehicle's insurance has to pay. They can drop the insurance now, but they still have to pay. His insurance is jerking you around and what they are doing is both illegal and unethical.
I'd personally file a claim and let your insurance subrogate. A call to your state's insurance commissioner could also work. |
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^^^That is hard to watch.
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