'74 Carrera Hit, need help with insurance

[vintageairs]

hi guys-

sad but true, i was driving home and someone heading the other direction attempted a left turn and struck my left front fender with the front of her car. my car has never been involved in an accident before and i am devastated.

what was bad has gotten worse. it looks like the other driver is trying to deny fault, claiming i ran a red light.

her story is absurd. i had the right of way certainly did not run a red light. i had a passenger in the car with me. my passenger affirms that i did not run the red light. her insurance co (21st century) says that my passenger is not a “witness” and is simply my “passenger”.

the police were called to the scene of the accident, and did not complete a police report since there were no injuries. nobody was issued a citation, either.

the accident happened tuesday and today is friday. i never filed a claim with my insurance company, but did file a claim online with her insurance company and gave a written statement. her adjuster called me yesterday to give a recorded statement. i chose not to answer some of the questions.

I need some guidance. at this time i do not have my insurance company working with me, or a lawyer. i am simply trying to sort this out with her insurance company right now. does anyone have any advice? any assistance would be greatly appreciated.

[vash]

i think you are supposed to get your insurance company on board. they dont want to pay either, so it would be in their best interest to back you up.

[vash]

opps, by the way, that sucks, sorry to hear about it.

[Dan Owens]

Call your insurance and have them handle it for you. That's what you're paying for. They'll sort it all out.

[vintageairs]

thanks for your suggestions to notify my insurance company. i am trying to avoid that because i am worried about my rates, etc. i guess if she gives me difficulty, i will get them involved.
thanks again,
josh

[timz]

Sorry to hear the accident. I agree with unfixed. Get your ins co. on board and to the extent necessary they will hire an attorney for you pursuant to your insurance contract. Although you may want to check with your local agent, I don't think notifying your insurance will count against you. BTW your passenger is a witness and can testify as such in court.

Good Luck

[vash]

yes, the passenger IS a witness. keep in mind it was the other ins company telling you all of this, right? they only have their own best interest in mind! they could care less about you. cover your own @ss

[DavidI]

Josh, I am not sure what state you are in, but in Cali you are required to notify DMV and Insurance if the damage is over $500 (I think). Although your rates may increase, you should notify your insurance and let them handle it for you. That is what you pay for. Also, your passenger is a witness!

Sorry to hear about your car, David

[Jack Olsen]

Your insurance company can only raise your rates under very specific circumstances. They don't do it because they think you're a nuisance, or if you're involved in an accident where you are not at fault. Definitely get them involved right away. You can ask them point blank to tell you if anything you're doing will raise your rate.

[Zeke]

Originally posted by JackOlsen
Your insurance company can only raise your rates under very specific circumstances. They don't do it because they think you're a nuisance, or if you're involved in an accident where you are not at fault. Definitely get them involved right away. You can ask them point blank to tell you if anything you're doing will raise your rate.

Jack, I am reluctant to dispute your wisdom. Seriously. But the underwriters and actuaries use so many formulas to evaluate our rates that I think it's unavoidable to see a rate increase after an accident. Even if it's not your fault. I'm sure we'd all like to assume that they will give you one 'gimme' if you have a clean record. Somehow, I don't think that's the case. Do you have some info to support your thoughts?

Anyway, the left hand thing is in the gray area if the police didn't issue a ticket. s If she made an illegal left turn, they would have. They didn't have any evidence to do so. If she is proven at fault, they will issue the ticket post incident. Meanwhile, it sounds like the insurance co should be contacted immediately.

He doesn;t say where he is. I don't know why we have to guess where people are who post, but it's their perogative. My policy here in CA states that if I don't report all accidents, I can be cancelled.

And yes, here in CA, you must file an SR1 with the DMV in the event of an accident that results in $500 damage collectively (BOTH cars or any other property). That pretty much is any accident these days, save a door ding.

[Halm]

I have often wondered why you could not sue the individual in civil court for damage they inflected on your car? Common sense - which for the most part no longer applies to the courts- would seem to dictate that if you cost me $X,XXX in an accident I should be able to recoup my cost from you.

Other than it may cost more in legal fees than damage, is there a reason why you can't sue?

[vintageairs]

thanks guys, i am in los angeles, ca, by the way.

[pbs911]

This happened to me in my P-car a little over a year ago. I sued the driver of the car, who happened to have borrowed her father's girlfriend's car. I sued because . . . well that's what I do. It didn't cost me anything.

Tell your insurance company. They will at least repair your car and go after the other driver's insurance if that is the way you want to go and you have the correct coverage. In CA you MUST report to accident to your insurance. If you prove the accident was not your fault your insurance will not go up if your record is other wise clean. Get a physical, you never know. Soft tissue damage can take some time to mainfest itself.

Different states have different rules regarding diminished value. Generally, in states that allow recovery of dimished value you cvan recover for the loss in value associated with a vehicle that has been involved in an accident. CA has no such statute, but there are some cases on point that help out a litigant.

As for the cost of repair, take the car to shops you want and get a written estimate. When the insurance company sends their estimator give them the highest estimate you received. You have no obligation to give them any estimate. They can take the high estimate you provide as a guidline. They will also have an idea of what a shop would charge. Beat them to the punch.

As for the attorneys fees, in CA attorneys fees and costs are pursuant by statute and contract. Obviously you will not have a contract so must find a statute. I doubt you will find any such statute in any state.

Good job not answering questions from the other insurance company. They are not working in your best interest. Generally, you have no obligation, absent a court order, to provide them any more information than your identification, the licence number and your insurance carrier.

Good luck. I opted to go with the RUF style body and 3.6 conversion with the funds provided by my accident.

[84porsche]

I just got done dealing with an accident mess and my insurance company (21st) said they will possibly raise my rates by taking away my good driver discount because they blamed me for losing control of my car by trying to avoid another accident (go figure) but at least fill out the DMV form because I got my deductible back because the other driver was an uninsured motorist. Good luck.

[MRM]

Drop me a PM with your contact information. Which insurance companies are involved?

[zotman72]

This is exactly the reason I have in all my cars (only 2 now) disposable flash capable cameras. Immediately after the accident, you start taking pictures of everything-- provided you are not hurt. At $8 a pop, this is awfully cheap evidence compared to hearsay and such bs afterwards. She hit you while turning left in an intersection, had you captured it on film, who would argue with such evidence.
HTH
Get those cheap ass cameras in your 911s lads.

[D Hanson]

I would go ahead and get an attorney involved. What state are you in. If in a state where someone in my firm is licensed, I would be willing to talk to you depending who your coverage is with. If not, maybe someone hanging out here is licensed in your state. Sometimes, a few phone calls can hammer things out, especially where there are no injuries involved as appears to be the case here.

I do work for about 20 insurance companies (not incluidng 21st Century). If they start dicking you around on the front end, sometimes it is better to go ahead and play hard ball and pass the baton to someone who is used to dealing with insurance companies.

BTW, I am not looking to make a fee or charge anything, but willing to make a few phone calls if it would be any help.

[KevinP73]

It seems as though everyone has had different experiences with insurance companies and it's hard to determine a base line for what reaction the insurance company will have. I recently had to deal with my mother turning left in front of an oncomming car. ALL parties involved admitted that the light had turned red and she should have been free to finish her turn. The other driver "didn't see the need" to stop. Her insurance credited her for the accident because, in thier words, "she shouldn't have turned left in front of a vehicle that was in motion". A while back I was driving down the street. As I approached an intersection I noticed a car traveling the opposite direction pull into the intersection and prepare to turn left. The traffic light was late into the "yellow" stage and turned red just as I entered the intersecton. I looked in my mirror to see if the other driver was saluting my driving habits or perhaps taking aim, after all this is L.A.. The car about a half a block behind me didn't stop and nailed the driver turning left. I returned to the scene to offer my testimony to the officer who had rolled up on the accident. He told me the driver turning left is at fault even though the other car was running a red light. He offered the same reasoning as my mothers insurance. You can't turn left in front of a MOVING vehicle under ANY conditions. It doesn't matter what the traffic signal is indicating or who has the right of way. You just can't turn.
It's also been my experience that even if your insurance company raises your rates, it's still cheaper than losing your battle in court and if you think your going to out smart the attorney representing the other guys insurance your just begging for trouble.
You pay insurance for a reason. It's now thier turn to earn the money you've already paid them.

[vash]

Originally posted by zotman72
This is exactly the reason I have in all my cars (only 2 now) disposable flash capable cameras. Immediately after the accident, you start taking pictures of everything-- provided you are not hurt. At $8 a pop, this is awfully cheap evidence compared to hearsay and such bs afterwards. She hit you while turning left in an intersection, had you captured it on film, who would argue with such evidence.
HTH
Get those cheap ass cameras in your 911s lads.

that is smart! i hate dishonest people! i wish they...

i once bumped a beat up integra while parking. my hitch on my truck put a square indention in the bumper. you could barely see it at the right angle. i looked at the car, and i thought "oh oo, this may be owned by..nevermind i dont want to be thought of as racist" so i took some pictures, and left a note on the windshield.
i got a call immediately, the caller was soo thankful. complimented me on my honesty and crap like that. he took his car to his buddy that manage a body shop for toyota and came back at me with a$1600 bill. his goddamn car was a piece of sheet before i ever bumped it. he told me since i was honest he would accept $1500. i told him to eff off and i sent it to my insurance. i saw his car later with a new front end from a later model. i was this close to treating it with a dose of brake fluid. but i didnt, i moved.... it jacked my premiums up. mother effer!
i have been run over on my motorcycle and i didnt sue for anything! i cant even feel my right foot anymore! ARRAGGG! i hate dishonest people!

[vash]

opps, sorry vintage, this is your thread, didnt mean to vent. heehee.