Remember my accident?

[Rock'n Robin]

Remember I was in the far left lane on an off-ramp, and a semi was in the center lane? The light turned yellow so I slowed to stop but he went on and turned left and his trailer caught the passenger side of my car. Every part of that side except the back door (where DS was sitting!) needs to be replaced --$4700. I've been having issues with the truck co. insurance--they wouldn't accept liability because they couldn't talk to him one-on-one--his cell phone wasn't working, his home phone is disconnected. It was very complicated--he lives in Arkansas, trucking co. is in Grand Rapids but he drives out of Chicago, insurance co. is in Canada!!!
Finally last week he talks to the agent and says it is MY fault! I talked to her today. She said she needs to "work out" liability with my insurance but she "doesn't want to leave me hanging," so she is offering me a settlement--$500 for my deductible, $1500 for my rental (37 days at $35 a day) and $2000 for whatever. She says he has a witness that says I went through the light.
I went to get the entire police report--I only had the 1st page that had our personal information and the fact that the truck driver was cited. Boy is there some interesting stuff! First of all, this witness says the truck clipped me as I was trying to turn when there wasn't enough room as he was making his turn. This isn't valid because I was stopping at the light. Then the trucker's statement was even better--says he saw me back in the lane- turned too short (admits it), clipped me, LOOKED BACK (while he is turning a semi?) and SAW ME BACKING UP. So his story is I was going through the light, he hit me, and I backed up to make it look like I was not in the intersection.
Now I'm upset--I know I had two witnesses but neither left a statement. One was a bus driver so I'm thinking that if things get bad I can find out who had the route in our city that day and get his help. I also have the paramedics and police who saw my wreckage with the front tires at the crosswalk. Let me add that when the trailer caught my SUV, it dragged me over the curb on the left side and my left front tire was completely blown out. It ended up by a road sign (possibly "left lane must turn left") on the left side in the grass. That tire was so shot the tow truck driver turned down the job because it needed a flatbed! So how could I have backed up?
Needless to say, it is going to our attorney. DH says not to worry, that the police have it right. I'm inclined to accept the offer rather than pay cash for my deductible, but DH says no, they need to accept the liability. I wish people could just be honest!
Robin M.

 

[doxdogy]

I am so sorry that you are having all of these problems. I have no advice to give you. Just sending a hug your way. I know this is the last thing that you need right now.

 

[mt2]

Ouch!

mt2

 

[Rajah]

 

[tar heel]

I'm so sorry you are having such awful stuff thrown at you lately.

I assume you would be accepting liability if you take the settlement, right? I'm not sure how much that would cost you in insurance, but it would be plenty. Have you been able to get your car fixed?

 

[Kimberle]

You should not be dealing with them at all. Let your insurance company fight it out. That's why your pay premiums!

 

[EsmeraldaX]

 

[Denise W]

I have been a claims adjuster for 27 years. Do not accept anything directly from the other company unless is for 100% of everything. Do not sign anything from them, do not give them a statement. Have your attorney and/or your insurance company attempt to find your witnesses and get a statement from them of anything they saw. I have seen many, many claims where the other driver decided to change his story and because we could not "prove" our case, we lost out. Give all the information to your attorney and let him handle it for you. Good luck!
Denise

 

[BedKnobbery2]

*sigh* this is why I can't stand insurance companies. Robin, if your insurance company is not willing to fight for you, you may want to talk to an attorney....although honestly, you may be hard-pressed to find one who'll take it for you since you won't be getting any compensation above and beyond material damages (and before anyone starts complaining about greedy lawyers....the lawyer's choice in that matter is either take money out of the clients pocket or not got paid for their work). If they do take it, it'll most likely be on an hourly basis rather than a contigency basis (where they get a portion of the settlement). I would hope your insurance company fights it, though. Regardless of what the witness says, the POLICE cited the truck driver. So they found enough evidence to deduct HE was responsible. I would not take that settlement if I were you.

 

[Denise W]

I have been a claims adjuster for 27 years. Do not accept anything directly from the other company unless is for 100% of everything. Do not sign anything from them, do not give them a statement. Have your attorney attempt to find your witnesses and get a statement from them of anything they saw. I have seen many, many claims where the other driver decided to change his story and because we could not "prove" our case, we lost out. Give all the information to your attorney and let him handle it for you. Good luck!
Denise

 

[grinningghost]

I can see why you're so angry. Take Denise's advice. Get your attorney to handle this mess - you don't need the headaches.

 

[BedKnobbery2]

Doh! I missed the part that said you already had an attorney...oops! Had dinner on the stove, and scanned the original post a little too quickly.

Anywho, I agree with Denise.

 

[Rock'n Robin]

DH already faxed the police report and a written summary of the "offer" today to our attorney. Thanks to all, especially Denise. I'm almost glad my students come in tomorrow to take my mind off of this stuff!
Robin M.

 

[philaround]

Originally posted by Rock'n Robin
Needless to say, it is going to our attorney. DH says not to worry, that the police have it right. I'm inclined to accept the offer rather than pay cash for my deductible, but DH says no, they need to accept the liability. I wish people could just be honest!
Robin M.

Please DO NOT accept a settlement from these bozos. They owe you from penny 1, no deductable. Have you contacted your insurance company? Some companies will take care of their own customers and go after the other insurance company for you. If they do this you will have to pay the deductable but you will get the money back after your insurance settles with their insurance.

Good Luck.
Be sure to update us.

Phil

 

[Aimeedyan]

Why is your company not handling this?

I was in a messy accident 2 years ago. MESSY. Witnesses all had diff stories, nobody could figure out how happened, cop at the scene was a SWAT officer who drove up on it so he took care of it though he never had handled an accident before, etc. MESSY.

My insurance company handled it ALL. My rep and I talked several times about what happened, got my statement, and she talked with the other drivers. My company determined that I was NOT at fault, though the police report wrote it up that I was, and they fought tooth and nail for me. I never had to do a thing, didn't lose my deductible, etc. I didn't talk to the other company at all, except when I gave my standard recorded statement. They did all that correspondence for me. MY insurance company settled on my car, reimb my medical, and rental, and then went after the other company for that money. This is always what has happened when an accident happened (I've had one prior, and my sis just had one).

So I don't understand why you're talking to them at all... unless you're uninsured? That's YOUR companies job! That's why you pay them the big bucks.

To add insult to injury, I got SUED over this for personal injuries from another driver... once again, all I had to do was send the papers to my company, they hired a lawyer and he made it go away. I never ever had to go to a deposition!!

Talk to your company. Ask them why you are dealing with this, and they aren't. DON'T EVER talk to that company - only your company or your lawyer should be negotiating with them. If your company is not willing to stand up for you, HIRE a lawyer. It will be worth it.

Good luck, and update us!

 

[Chicago526]

It sounds to me like the other insurance company must know the truck driver is in the wrong if they are offering you that much (sure, it's not 100% of the damages, but it's more than a few crumbs). Don't sign anything untill you lawyer/insurance company reviews it AND it sounds like a fair deal. And no mater what, don't admit to liability, you own insurance rates will hit the roof!