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CkGm
They get so big, so fast :(
Member since 5/05 13848 total posts
Name:
Christine
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Re: Do you think I have a case?
Posted by Blu-ize
it is most certainly his fault. He didn't have a heart attack and crash into you. If you have a medical condition you have to make sure you are safe to operate a motor vehicle as does anyone else. That's crap and I would have your insurance deal with it. His liability insurance pays for it. It doesn't matter if he has collision either.
You could make the case that he shouldn't be driving at all since he cannot control his disease and is a danger on the road. You can tell his insurance agent/claims adjuster/whomever, then you will go after his assets in court to pay for the damage...their choice. Ask that agent if they are covered under an umbrella policy.
Can you tell I'm mad? People have a lot of balls.
ITA- that is such crap! I'm sorry but what happened to people taking responsibility for their actions!
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Posted 4/22/08 5:25 PM  |
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stickydust
Now a mommy of 2!!!
Member since 4/06 3164 total posts
Name:
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Re: Do you think I have a case?
Posted by ave1024
Posted by MST9106
Posted by skew
Posted by MST9106
Posted by ave1024
Posted by FLaCaTaCa
Heres my story!
The adjuster for his insurance calls me yesterday and tells me that he is NOT liable to fix my vehicle as the accident was caused by an "unforseeable medical condition". He has diabetes and went into diabetic shock.
Doesn't matter what medical condition he has, this is what insurance is for. If he doesn't pay... sue him and the insurance company for good measure.
Find a lawyer that will take your case on contingency. I am sure there will be somebody out there that will want a piece of this pie.
Absolutely correct advice...and why are YOU speaking to HIS insurance company? This is YOUR insurance company's responsibility! Contact your insurance company and have them take care of it.
not true!
not sure if you saw my post but a man (diabetic) drove through my house last week. i have ONLY been dealing with his insurance agency. i did call my agent but she advised me to deal with his agency to avoid any unnecessary claims on mine. she said they will however get involved if his agency does not meet my documented terms (recovery costs).
Home insurance and auto insurance work a little differently. I work for an insurance company so I'm a little more informed on this topic and I've also worked for PI firms and the claimant always dealt with the other insurance company either through HIS or HER agent or through HIS or HER attorney.
Yes thank you. This is the way it works with auto and this is the reason why you pay your auto insurance.
And besides, the "claim" will still probably be on your auto record whether you are found at-fault or not. It will say on the claim who was at fault though and if money was paid out or not. But a claim can still be there depending on the insurance company.
Yes, but remember she does not have collision, only liability so her only chance to get her car fixed is through his insurance not hers. Her insurance company will only get involved if their monwy is on the line.
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| Posted 4/22/08 5:40 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Do you think I have a case?
Posted by stickydust
Posted by ave1024
Posted by MST9106
Posted by skew
Posted by MST9106
Posted by ave1024
Posted by FLaCaTaCa
Heres my story!
The adjuster for his insurance calls me yesterday and tells me that he is NOT liable to fix my vehicle as the accident was caused by an "unforseeable medical condition". He has diabetes and went into diabetic shock.
Doesn't matter what medical condition he has, this is what insurance is for. If he doesn't pay... sue him and the insurance company for good measure.
Find a lawyer that will take your case on contingency. I am sure there will be somebody out there that will want a piece of this pie.
Absolutely correct advice...and why are YOU speaking to HIS insurance company? This is YOUR insurance company's responsibility! Contact your insurance company and have them take care of it.
not true!
not sure if you saw my post but a man (diabetic) drove through my house last week. i have ONLY been dealing with his insurance agency. i did call my agent but she advised me to deal with his agency to avoid any unnecessary claims on mine. she said they will however get involved if his agency does not meet my documented terms (recovery costs).
Home insurance and auto insurance work a little differently. I work for an insurance company so I'm a little more informed on this topic and I've also worked for PI firms and the claimant always dealt with the other insurance company either through HIS or HER agent or through HIS or HER attorney.
Yes thank you. This is the way it works with auto and this is the reason why you pay your auto insurance.
And besides, the "claim" will still probably be on your auto record whether you are found at-fault or not. It will say on the claim who was at fault though and if money was paid out or not. But a claim can still be there depending on the insurance company.
Yes, but remember she does not have collision, only liability so her only chance to get her car fixed is through his insurance not hers. Her insurance company will only get involved if their monwy is on the line.
Yes but even if she doesn't have collision her insurance company should still be going after the other company on her behalf.
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| Posted 4/22/08 5:44 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Do you think I have a case?
With all this said, I would just go by what I originally said and just sue them and be done with it.
Find a lawyer that will take the case on contingency. If your case is strong enough, you shouldn't have problems finding a lawyer that will take your case for free and will sue for his attorney costs.
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| Posted 4/22/08 5:50 PM |
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stickydust
Now a mommy of 2!!!
Member since 4/06 3164 total posts
Name:
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Re: Do you think I have a case?
Posted by ave1024
Yes but even if she doesn't have collision her insurance company should still be going after the other company on her behalf.
even if they don't have the proverbial horse in the race?
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| Posted 4/22/08 5:51 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Do you think I have a case?
Posted by stickydust
Posted by ave1024
Yes but even if she doesn't have collision her insurance company should still be going after the other company on her behalf.
even if they don't have the proverbial horse in the race?
Yes. What if they come back and say that somehow the OP caused damage to this person. Yes its so far-fetched since she was stopped. But still.
Her liability would have to kick in. The insurance company should be handling this.
Collision coverage is just for reinbursement when you are at fault. This doesn't mean her insurance company should just sit around and do nothing.
She can still sue the other party in court on her own.
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| Posted 4/22/08 6:05 PM |
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skew
LIF Adult
Member since 5/05 6794 total posts
Name:
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Re: Do you think I have a case?
Posted by MST9106
Posted by skew
Posted by ave1024
Posted by skew
not sure if you saw my post but a man (diabetic) drove through my house last week. i have ONLY been dealing with his insurance agency. i did call my agent but she advised me to deal with his agency to avoid any unnecessary claims on mine. she said they will however get involved if his agency does not meet my documented terms (recovery costs).
This is not accurate. Homeowners insurance is different than auto.
You pay your auto insurance company to handle claims for you. Going by what you are saying, you are telling the OP to not even tell her insurance company and to deal with the other parties insurance company.
If you fail to report an accident with your auto insurance company you can be dropped whether you were at fault or not.
Even if the OP was not at fault, her insurance company should be handling this claim. That is what you pay auto insurance companies for.
i am advising that she contacts her agent but to try and settle with theirs so that a claim is not filed on hers.
And I don't agree with your advice...I think she should go through her insurance company. She is not at fault here so this is not going to necessarily affect HER policy premiums.
ETA: And it is also in her insurance company's best interest to collect on her behalf.
i am utterly confused now. maybe our situations are different but wouldn't the procedure be the same? 
FM
Message edited 4/22/2008 7:00:15 PM.
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| Posted 4/22/08 6:56 PM |
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MST9106
My life:)
Member since 6/06 9589 total posts
Name:
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Re: Do you think I have a case?
Posted by ave1024
Posted by stickydust
Posted by ave1024
Yes but even if she doesn't have collision her insurance company should still be going after the other company on her behalf.
even if they don't have the proverbial horse in the race?
Yes. What if they come back and say that somehow the OP caused damage to this person. Yes its so far-fetched since she was stopped. But still.
Her liability would have to kick in. The insurance company should be handling this.
Collision coverage is just for reinbursement when you are at fault. This doesn't mean her insurance company should just sit around and do nothing.
She can still sue the other party in court on her own.
The bottom line is that her insurance should still be involved in the case as she is insured through them, and like ave said, they can come back and try to claim anything. Since she has liability only coverage, they may refer her to one of their PI attorneys so that she can recover property damages through a damages claim. Her adjuster should guide her through the process and her attorney should be speaking to the guy's insurance company, not her.
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| Posted 4/22/08 9:01 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Do you think I have a case?
Posted by skew
FM
I responded to your FM. But to sum it up. Your case damage was done to your home. I wouldn't recommend going through your HOMEOWNERS for your case. Homeowners claims are very bad in general and should only be used in dire emergencies.
Flacata was in an auto accident and damage was done to her car. Auto insurance companies want to know every time the vechicle they insured is hit. So since you have to tell them, might as well make them work for you.
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| Posted 4/22/08 9:23 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Do you think I have a case?
And to add to the homeowners claims being bad... I actually took my jewlery off my homeowners policy for this reason. A little OT but I think this info could be useful.
If for some reason my ring was lost, the last thing I would want to do is make a claim on my homeowners for a lost diamond.
Every homeowners claim goes on your CLUE report (I think thats what its called) and that puts you in a bad class if you ever want to change companies, or they could drop you after making a claim.
And with all the homeowners companies bailing on Long Island, the last thing I wanted to do was give them more ammunition to drop me
I took out a separate policy with Jewelers Mutual for my ring and if I ever lose my ring, I make a claim with them and my homeowners is "shielded". Plus my homeowners deductable is $1000 which would suk for a ring.
I always said to myself the minimum claim I would make on my homeowners is $5000. I had pipes freeze over the winter that hit me up for close to two grand. I didn't go through my homeowners.
My jewelers mutual policy was pretty much the same price as my homeowners jewelery rider. I would highly recommend people NOT insure jewelery under their homeowners. Get a separate policy.
Message edited 4/22/2008 9:30:37 PM.
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| Posted 4/22/08 9:29 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: Do you think I have a case?
Posted by ave1024
Posted by MST9106
Posted by skew
Posted by MST9106
Posted by ave1024
Posted by FLaCaTaCa
Heres my story!
The adjuster for his insurance calls me yesterday and tells me that he is NOT liable to fix my vehicle as the accident was caused by an "unforseeable medical condition". He has diabetes and went into diabetic shock.
Doesn't matter what medical condition he has, this is what insurance is for. If he doesn't pay... sue him and the insurance company for good measure.
Find a lawyer that will take your case on contingency. I am sure there will be somebody out there that will want a piece of this pie.
Absolutely correct advice...and why are YOU speaking to HIS insurance company? This is YOUR insurance company's responsibility! Contact your insurance company and have them take care of it.
not true!
not sure if you saw my post but a man (diabetic) drove through my house last week. i have ONLY been dealing with his insurance agency. i did call my agent but she advised me to deal with his agency to avoid any unnecessary claims on mine. she said they will however get involved if his agency does not meet my documented terms (recovery costs).
Home insurance and auto insurance work a little differently. I work for an insurance company so I'm a little more informed on this topic and I've also worked for PI firms and the claimant always dealt with the other insurance company either through HIS or HER agent or through HIS or HER attorney.
Yes thank you. This is the way it works with auto and this is the reason why you pay your auto insurance.
And besides, the "claim" will still probably be on your auto record whether you are found at-fault or not. It will say on the claim who was at fault though and if money was paid out or not. But a claim can still be there depending on the insurance company.
Are you talking about NY? Because she is SC. I lived in NC and you would claim directly with the person's insurance NOT yours. I had 2 people hitting my car and both times, I dealt directly with their insurance without mine involved at all. All States don't work the same.
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| Posted 4/22/08 9:54 PM |
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BRod-Cheng
I'm going to be a big brother!
Member since 6/07 1860 total posts
Name:
Betty
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Re: Do you think I have a case?
In NY the person who rear-ended you is usually liable. The insurance company will always try to get out or paying.
You should file a lawsuit against the driver and the insurance company. Clearly his diabetes was not new information to him.
The statements that he made can easily be used against him.
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| Posted 4/22/08 10:10 PM |
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Gertyrae
Peace out Homies!
Member since 5/05 20046 total posts
Name:
Gerty ®
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Re: Do you think I have a case?
The big question is that since she is in SC, do the same rules apply?
That was why I asked originally.
I would think the smartest thing to do at this point would be to call her own insurance company, tell them what happened and find out what should be done or what her rights are.
NY insurance is hugely different from other states....she needs to find out how the rules apply where she is.
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| Posted 4/22/08 10:11 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Do you think I have a case?
Posted by smdl
Are you talking about NY? Because she is SC. I lived in NC and you would claim directly with the person's insurance NOT yours. I had 2 people hitting my car and both times, I dealt directly with their insurance without mine involved at all. All States don't work the same.
These aren't state laws. It would be provisions that were written into her auto policy documents.
If her documents say she has to report ALL accidents (regardless of fault) she would report it to her insurance company.
If her insurance company won't pursue her claim because she doesn't have collision, then fine go after the other party's insurance directly.
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| Posted 4/22/08 10:16 PM |
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FLaCaTaCa
Kelsey Elyse = Love
Member since 5/05 1855 total posts
Name:
Stacy
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Re: Do you think I have a case?
Thank You all so much! When it rains it pours down here thats for sure! My RENTAL got hit as well this week!! I was at a funeral and another rental hit me while the car was parked!!! HOLY CAR ACCIDENTS!!!
Anyhow, I called my Insurance company and they are just advising me. They contacted the adjuster and told me that because they denied the claim and I only had liability....BLAH...It's up to me now.
I was waiting on final word from my insurance company to make sure it was officially denied by his insurance company and that my insurance company couldn't cover me under anything! Came back with both bad news...his insurance denied it and my insurance can't cover it because I only had liability.
Looks like I am going to court. With all your advice...I *think*I'll be ok. I sure as heck hope so. I just honestly want it fixed.
The dumba$$ is lying and saying that he ate before and since this has been a condition he's had for 12 years, it was sudden and "unforseeable". I think it's crap and now I'm ANGRY about the whole mess so I don't have a sensitive attitude like I did when it first happened. 
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| Posted 4/25/08 11:11 AM |
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HUMBLEABODE
LIF Zygote
Member since 5/08 2 total posts
Name:
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Re: Do you think I have a case?
NO
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| Posted 5/12/08 2:34 AM |
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Re: Do you think I have a case?
Def. call a lawyer! Thank goodness you are okay!
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| Posted 5/12/08 8:27 AM |
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TJLealand3
LIF Adolescent
Member since 6/07 839 total posts
Name:
Thomas
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Re: Do you think I have a case?
Posted by BJandDan
Sounds like his insurance company is trying to see if you'll just forget about it and move on. This way they don't have to pay out.
Be a pain in the A** and don't listen to thier moronic reasoning. If I have a seisure and drive through the insurance companies front door is the accident my fault or my medical condition.
If I am sitting in traffic and the guy behind me has a heart attach and smashes my car, he / his insurance are still responsible.
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| Posted 5/12/08 8:33 AM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: Do you think I have a case?
Posted by TJLealand3
Posted by BJandDan
Sounds like his insurance company is trying to see if you'll just forget about it and move on. This way they don't have to pay out.
Be a pain in the A** and don't listen to thier moronic reasoning. If I have a seisure and drive through the insurance companies front door is the accident my fault or my medical condition.
If I am sitting in traffic and the guy behind me has a heart attach and smashes my car, he / his insurance are still responsible.
you guys are bumping a post that's 3 weeks old 
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| Posted 5/12/08 9:59 AM |
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