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FLaCaTaCa
Kelsey Elyse = Love
Member since 5/05 1855 total posts
Name:
Stacy
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Do you think I have a case?
Heres my story!
I was stopped at a red light and was rear ended TWICE by a man in diabetic shock. I have only liability on the car as it is paid off and only worth 4500 blue book. I was literally STOPPED! He hit another vehicle before me and then came around and hit into me twice!
Needless to say, the whole back of my vehicle is pretty jammed up and will be pretty expensive to repair.
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.
My issue with this is the following:
When the accident happened, he was pretty much asleep in the drivers seat. As I called 911 and yelled for him to get out of the vehicle, he called his mother and told her that he had just hit someone because he hadn't eaten before leaving work for the day. The police come on scene and the EMT take him away. As we're waiting for highway patrol, his mother comes on scene and apologizes once again stating that this wouldn't have happened if he had eaten before leaving work! The passenger with me heard him on the phone with his mother and my husband and the passenger heard his mothers apology to me.
That to me is NOT exactly unforseeable! I might be ignorant and before I take him to civil court and make an arse out of myself I want to know if I stand a chance.
Thanks in advance! I'm pretty clueless to this whole mess!
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Posted 4/22/08 8:06 AM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
browneyedgirl
family is all that matters
Member since 6/06 6513 total posts
Name:
browneyes
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Re: Do you think I have a case?
i don't know about a case, but i'm glad you are okay!!! 
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| Posted 4/22/08 8:09 AM |
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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?
Do you live in NY or elsewhere?
In NY, I'm pretty sure he and/or his insurance is still responsible - wether you have coverage or not.
I'm not sure what the rules are in other states.
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| Posted 4/22/08 8:11 AM |
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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?
Posted by Gertyrae
Do you live in NY or elsewhere?
In NY, I'm pretty sure he and/or his insurance is still responsible - wether you have coverage or not.
I'm not sure what the rules are in other states.
I'm in SC.
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| Posted 4/22/08 8:11 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 FLaCaTaCa
Posted by Gertyrae
Do you live in NY or elsewhere?
In NY, I'm pretty sure he and/or his insurance is still responsible - wether you have coverage or not.
I'm not sure what the rules are in other states.
I'm in SC.
if i were you, i would call a lawyer, just to see what your options are - i don't know what the law in SC is but this sounds like absolute bull to me. glad you are okay
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| Posted 4/22/08 8:21 AM |
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saraH
happy birthday sweet kate!
Member since 5/05 16555 total posts
Name:
I know that God exsists, I held her in my arms...
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Re: Do you think I have a case?
Clearly he knew the ramifications of him not eating something before driving. I would call a lawyer and give him the info and see what he says.
glad you are ok.
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| Posted 4/22/08 8:31 AM |
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LisaW
Time for me to FLY!
Member since 5/05 13199 total posts
Name:
Did I ever tell you that I hate people?
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Re: Do you think I have a case?
Posted by headoverheels
Posted by FLaCaTaCa
Posted by Gertyrae
Do you live in NY or elsewhere?
In NY, I'm pretty sure he and/or his insurance is still responsible - wether you have coverage or not.
I'm not sure what the rules are in other states.
I'm in SC.
if i were you, i would call a lawyer, just to see what your options are - i don't know what the law in SC is but this sounds like absolute bull to me. glad you are okay
ditto!!
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| Posted 4/22/08 8:40 AM |
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beautyq115
New Year!
Member since 5/05 13729 total posts
Name:
Me
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Re: Do you think I have a case?
Posted by saraH
Clearly he knew the ramifications of him not eating something before driving. I would call a lawyer and give him the info and see what he says.
glad you are ok.
ITA! It's not like he just discovered he had diabetes that day!
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| Posted 4/22/08 8:45 AM |
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bklyngirl
COULD THIS BE MY YEAR??
Member since 6/05 15758 total posts
Name:
Gail
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Re: Do you think I have a case?
i would want to know why he didn't eat before he left. glad rhat you're ok
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| Posted 4/22/08 8:49 AM |
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Emily
Kasey & Me! Lurves it!
Member since 7/06 8703 total posts
Name:
STBHC
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Re: Do you think I have a case?
If he chose not to eat and knew the reprecussions of his choice, then it is solely his fault and not the fault of his disease.
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| Posted 4/22/08 8:51 AM |
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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?
SAME thing happened to me last week but instead of the driver hitting my car, he drove into my house.  in my case, the driver admitted 100% fault and all damages are repairs are going to be covered by his insurance.
i am confused as isn’t the very nature of the term accident ,"unforeseeable.”  before contacting a lawyer, i would call the police officer that handled the accident as well as your insurance agent. get advice from them as how to proceed.
Message edited 4/22/2008 9:54:30 AM.
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| Posted 4/22/08 8:59 AM |
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Goobster
:)
Member since 5/07 27557 total posts
Name:
:)
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Re: Do you think I have a case?
In terms of insurance, yes, his should pay b/c it was deemed he was at fault. You were doing nothing wrong, so your insurance, after reading the police report, will have to fight his insurance.
Message edited 4/22/2008 9:04:54 AM.
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| Posted 4/22/08 9:01 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Do you think I have a case?
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.
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| Posted 4/22/08 9:46 AM |
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dbleplay17
My 2 boys!
Member since 10/06 4578 total posts
Name:
Chrissy
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Re: Do you think I have a case?
what insurance co is the guy?
It is DEF his fault regardless
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| Posted 4/22/08 10:34 AM |
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CouponKT
Our family is complete
Member since 6/06 16494 total posts
Name:
K
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Re: Do you think I have a case?
Posted by Emily
If he chose not to eat and knew the reprecussions of his choice, then it is solely his fault and not the fault of his disease.
excellent point
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| Posted 4/22/08 10:43 AM |
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PrincessP
Big sister!!!!!!!!!!
Member since 12/05 17450 total posts
Name:
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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.
Yeah seriously, if he has an "unforseen" medical condition and is driving around like a time bomb, he needs to get his licensed revoked.
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| Posted 4/22/08 10:47 AM |
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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 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.
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| Posted 4/22/08 11:17 AM |
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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 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.
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| Posted 4/22/08 11:41 AM |
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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 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).
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| Posted 4/22/08 4:14 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
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.
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| Posted 4/22/08 4:18 PM |
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LightUpOurLife
Totally in love
Member since 8/06 12785 total posts
Name:
Bonnie-Jean
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Re: Do you think I have a case?
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.
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| Posted 4/22/08 4:24 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 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.
the claim IS on his auto policy, not his homeowners or mine. he never reported the accident. the police officer assigned to the accident contacted the driver's insurance agency as the man stated he didn't want to deal with it. after the officer explained what occurred, the agent asked to speak with me. i received a claims # and contact info. even DAYS after the fact, the man has YET to call his insurance agent (claims dept contacted him) 
i am advising that she contacts her agent but to try and settle with theirs so that a claim is not filed on hers.
Message edited 4/22/2008 4:36:38 PM.
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| Posted 4/22/08 4:29 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 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.
Message edited 4/22/2008 4:38:08 PM.
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| Posted 4/22/08 4:37 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 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.
Message edited 4/22/2008 5:00:16 PM.
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| Posted 4/22/08 4:39 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 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.
Message edited 4/22/2008 4:41:05 PM.
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| Posted 4/22/08 4:40 PM |
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