View Full Version : Car Accident BS
So I was going to Sunridge Spectrum on Saturday evening to catch the 7:35PM showing of Blades of Glory with the gf. I decided to take the South entrance to the theater just off of 23rd ave NE. In front of me was a Dodge Truck and in front of him was a Jeep Liberty. The liberty turned into the parking lot and somehow lost control and almost hit the building that Curves is in. The Dodge Truck that was behind him stops (so he is in the parking lot now) and I stop out on 23rd Ave waiting to turn into the parking lot. The Dodge Truck then decides to back up, but he doesn't check his mirrors and back up over the front right end of my car. I try to reverse but couldn't in time and CRUNCH!!! I cringed and then pulled the car out from underneath his truck and parked by the curb on 23rd ave. We all get out and he starts yelling at the kids in the Jeep who have gotten out as well. He is basically blaming them for the accident. He then calls police and then tells us the police are not coming. So we exchanged all our info and I took the names and numbers of the two guys who were in the Jeep also because I had a funny feeling that the guy might say that I ran into him.
During this entire time he is trying to scare the two kids in the Jeep by saying it is their fault he backed up into my car. We all exchanged info after he was finished yelling and I noticed that it wasn't his truck, he tells me it is his brothers. We talked about how we would work it out and I told Dodge Truck driver that I would go to the police the next day to report it and then go get estimates on Monday and then get in contact with him.
Well today is Monday and I went to A-1 and they gave an estimate of approximately $2400. I then waited to 7PM today to call him. I called and a lady picks up and says he is not home and I can leave a message. I told her who I was and that the estimate was $2400. She then replies "You expect him to pay this?" I told her yes because he backed up into my car. She then tells me that his story is different and it was me that rear-ended him. I asked who this was and it was Dodge Truck drivers sister-in-law. I left my message and I was/am furious.
I called the two guys in the Jeep right after and told them what happened. They said they would be my witnesses.
I am still waiting for the Dodge truck driver to call back.
My question is this. Are those two witnesses in the jeep good enough for me to win?
Isaiah
04-16-2007, 08:20 PM
Too little info to make a judgment but were the two in the jeep still in their vehicle when the guy backed into you? If so, they'll have a hard time convincing anyone that they saw anything that happened 2 vehicles back.
They actually were out of their car because they were seeing if they had hit the building.
The Truck driver hasn't called me back yet. But he did call the guys in the Jeep.
He yelled at them and told them to pay for my damages, because they were the reason he had to back up. He also said he just finished talking to me ...which he didn't. He also says he has 3 other witnesses (his son/daughter and wife). Which I don't think will hold up since they are biased.
This is a very straight up guy :rolleyes:
l8braker
04-16-2007, 08:37 PM
What a piece of crap. G/l with everything.
Hakkola
04-16-2007, 08:40 PM
Originally posted by eb0i
The Truck driver hasn't called me back yet. But he did call the guys in the Jeep.
He yelled at them and told them to pay for my damages, because they were the reason he had to back up. He also said he just finished talking to me ...which he didn't. He also says he has 3 other witnesses (his son/daughter and wife). Which I don't think will hold up since they are biased.
This is a very straight up guy :rolleyes:
WOW, I really hope this guy gets owned. Check the mall to see if they have video cameras pointed in that direction. If there's evidence on tape, ask the dude to file his own report. Then get the cops to nab him for filing a false report.
His family is not applicable as witnesses.
They were in the car with him and not in a 3rd party vehicle.
He was at fault.
He could however claim you were following too close. It's a possibility.
His story won't hold up, you got 2 witnesses and if the story sounds the same, he is 100% at fault.
Originally posted by Kaos
He could however claim you were following too close. It's a possibility.
I didn't rear end him...therefore I wasn't too close.
Intent_Fire
04-16-2007, 10:55 PM
well, first off i would for sure check with the mall.. there is a very good chance they would have security cameras.. and you have a witnesses and he doesn't hes just trying to get out of paying you.. But good luck with everything, im cheering for you.
Thanks guys for all the support:thumbsup:
I'll keep it updated until my car is repaired.
01RedDX
04-16-2007, 11:23 PM
.
RaptorGJC
04-16-2007, 11:36 PM
If the Jeep guys heard Dodge admit to backing into you, that's evidence for you. Also, I don't think the Jeep guys will get into too much trouble, since they didn't really MAKE Dodge back into you.
That's too bad about your car:thumbsdow What were you driving?
superboss
04-16-2007, 11:58 PM
good luck man, that sucks and I feel for you, Hope you win. Keep us posted
Originally posted by eb0i
I didn't rear end him...therefore I wasn't too close.
I'm not saying you rear ended him, I said it's a possibility he could say you were too close to his rear bumper when he reversed.
I'm just giving you a a scenario as to what he might say.
Originally posted by Kaos
I'm not saying you rear ended him, I said it's a possibility he could say you were too close to his rear bumper when he reversed.
I'm just giving you a a scenario as to what he might say.
Ahh... yeah I understand now:thumbsup:
It was actually one of many excuses he used when he called the driver of the Jeep yesterday.
^^ What a shady asshole.
Grind this fucker to the ground.
Keep us updated.
Just reported to my insurance today. I have to head down to Horton Autobody now so that they can send AMA some pictures of the photos. While I am there I am going to see if the appraiser can tell from the damage on my car how it was hit.
Masked Bandit
04-18-2007, 12:35 PM
You'll be fine. He has already said to the people in the Jeep that "he had to back into you". You have nothing to worry about.
gofastmerc
04-18-2007, 05:17 PM
Call him and record it.
Maybe you can get him to admit what he is doing.
Legal too.
What an asshole.
Khyron
04-18-2007, 07:09 PM
He should have filed a police report. Once you put that shit in writing, people tend to be a little less cocky about making stuff up. As long as you and the Jeep agree, he's screwed. His stupid driving error.
403Gemini
04-18-2007, 08:57 PM
Originally posted by Kaos
I'm not saying you rear ended him, I said it's a possibility he could say you were too close to his rear bumper when he reversed.
I'm just giving you a a scenario as to what he might say.
thats not a valid excuse by any means.
if a child was walking behind his vehicle and he backed up and ran over the kid because he didnt see him, he'd be liable for hurting that kid. If you backup you are fucked if you hit something.
JamesV888
04-18-2007, 09:28 PM
Its 100% his fault. if you get the guys in the jeep to be witness and told the insurance this. its the guy who is backing up at fault even if he gives a different version. There is no following too close cause your vehicle is stopped. Its like hitting a parked car. Usually the insurance will take care of business for you. You just have to put up with the hassle of taking your car to the autobody shop for repair.
HiSpec
04-18-2007, 09:36 PM
Originally posted by 403Gemini
if a child was walking behind his vehicle and he backed up and ran over the kid because he didnt see him, he'd be liable for hurting that kid. If you backup you are fucked if you hit something.
LOL... I'd like to see someone use that as an excuse "the kid rear-ended me!!!"
but anyhow, good luck!!
Originally posted by 403Gemini
thats not a valid excuse by any means.
if a child was walking behind his vehicle and he backed up and ran over the kid because he didnt see him, he'd be liable for hurting that kid. If you backup you are fucked if you hit something.
Have you been in that situation? Probably not.
However I know a couple of people who have been through it.
Remember back in driving school? You're only supposed to be so far away from a car infront of you.
Hitting a car and a human being is different.
:rolleyes:
Talked to an adjuster today and she seemed happy that I had the two witnesses in the Jeep. Now I guess I just have to wait...
Originally posted by Khyron
He should have filed a police report. Once you put that shit in writing, people tend to be a little less cocky about making stuff up. As long as you and the Jeep agree, he's screwed. His stupid driving error.
I filed one before he did, but it seems like he still lied. I will ask my insurance company for a copy of his statement. We'll see how much the bastard lied.
403Gemini
04-19-2007, 08:56 AM
Originally posted by HiSpec
LOL... I'd like to see someone use that as an excuse "the kid rear-ended me!!!"
but anyhow, good luck!!
you have no idea how often i hear "He/she shouldnt of been there!!!" everyday at work... lol
So it's been a month and NOTHING has happened yet. I have called my adjuster 3 times in the last month and have only received one response. I emailed her today and finally got another response and this is what she said:
The Third Party has not got back to me as of yet with respect to liability and I have left a message for him to return my call.
This is the same thing she told me two weeks ago. So what now? Is there anything I can do to speed things up? :banghead:
403Gemini
05-15-2007, 11:56 AM
Originally posted by Kaos
Have you been in that situation? Probably not.
However I know a couple of people who have been through it.
Remember back in driving school? You're only supposed to be so far away from a car infront of you.
Hitting a car and a human being is different.
:rolleyes:
Please, argue liability with me, i encourage it.
Yes, no shit hitting a car is different than a person, but it doesn't matter, reversing vehicle needs to make certain that it's clear behind.
edit: let me cut and paste what i posted in sp33d's thread
IBC agreement, Situation #5, point D
NOTES TO ALL CIRCUMSTANCES IN THE CLAIMS AGREEMENT
...
(d) The driver of a vehicle failing to obey a police officer's signal, proceeding the wrong way, BACKING UP, making a U-turn or striking a parked vehicle is, in each case 100% liable.
Originally posted by eb0i
So it's been a month and NOTHING has happened yet. I have called my adjuster 3 times in the last month and have only received one response. I emailed her today and finally got another response and this is what she said:
This is the same thing she told me two weeks ago. So what now? Is there anything I can do to speed things up? :banghead:
Not really man, i dunno how they do it at your insurance company but if i was your adjuster i would took your statement, waived your deductible, and shot off a demand letter to the third parties insurance company and looked after your repairs.
BigMass
05-15-2007, 12:04 PM
if you want this resolved the first mistake you're doing is email. You want shit done, you need to call and express a little more concern. Ask rhetorical questions such as "so what happens if they NEVER reply? This will never be resolved" If she does nothing ask to speak to a manager. Your insurance company needs to be a lot more pro-active. You can also go to a lawyer and seek advice.
The longer you drag this out the harder it will be to resolve anything. The fact you waited 1 month already is bad news. Be proactive and do something about it. Make calls. Stop with that email garbage. Also, good luck! that guy in the truck is an asshole and deserves to get nailed
Isaiah
05-15-2007, 12:12 PM
When my insurance company had failed to come to a resolution 4 months after my last collision, I was advised that in some cases it can take up to 6 months for the liable party's insurance company to accept responsibility and settle for an equitable amount.
BigMass
05-15-2007, 12:16 PM
Originally posted by Isaiah
When my insurance company had failed to come to a resolution 4 months after my last collision, I was advised that in some cases it can take up to 6 months for the liable party's insurance company to accept responsibility and settle for an equitable amount.
That just means your insurance company is horrible. They have their own lawyers that can press issues if needed. You don't just "wait" and scratch your balls and hope someone replies to you and gives you your money. However, if you're timid and let them jerk you around they'll just put your case at the bottom of the pile.
Originally posted by BigMass
if you want this resolved the first mistake you're doing is email. You want shit done, you need to call and express a little more concern. Ask rhetorical questions such as "so what happens if they NEVER reply? This will never be resolved" If she does nothing ask to speak to a manager. Your insurance company needs to be a lot more pro-active. You can also go to a lawyer and seek advice.
The longer you drag this out the harder it will be to resolve anything. The fact you waited 1 month already is bad news. Be proactive and do something about it. Make calls. Stop with that email garbage. Also, good luck! that guy in the truck is an asshole and deserves to get nailed
When I call her I get her voice mail that says:
we are experiencing a high volume of claims right now so please do not leave multiple messages as it will only delay call back
The first time I called and left a message it took her about 3-4 business days to respond. The second call she didn't respond, and the third call was today. I also decided to fire off an email to her at the same time, which she finally responded to. I almost have a feeling she isn't trying to hard to contact the other adjuster. When do you think contacting her superior is advised? Friday?
LilDrunkenSmurf
05-15-2007, 12:46 PM
Originally posted by 403Gemini
Not really man, i dunno how they do it at your insurance company but if i was your adjuster i would took your statement, waived your deductible, and shot off a demand letter to the third parties insurance company and looked after your repairs.
I wish you were handling my case :nut:
BigMass
05-15-2007, 12:53 PM
Originally posted by eb0i
When I call her I get her voice mail that says:
The first time I called and left a message it took her about 3-4 business days to respond. The second call she didn't respond, and the third call was today. I also decided to fire off an email to her at the same time, which she finally responded to. I almost have a feeling she isn't trying to hard to contact the other adjuster. When do you think contacting her superior is advised? Friday?
Why wait? call now and tell them that you have had no progress on your claim for 1 month now, phone calls not being returned in a timely manner or not at all, and you’re loosing your faith that they are actually doing anything to advance your claim in hopes that you will loose interest and eventually drop it. Ask them specifically what they have done since you've filed the claim to get your money. One phone call from them does not cut it. They need to do their jobs
BigMass
05-15-2007, 12:55 PM
Originally posted by LilDrunkenSmurf
I wish you were handling my case :nut:
actually thats what happened to me 10 years ago when someone crashed into me. They paid for my repairs and they went after the other insurance company on their own time. Their job is to get you back up and running ASAP. Time to change insurance companies. However, maybe service was just that much better 10 years ago than it is now :dunno:
yeah i had a cab hit my car last summer. i called melloche monnex and they said that they will send the demand letter to the cab's insurance company. then i got a phone call from the cab's insurance company admitting it was their fault. i tried calling melloche monnex back, left message nothing. 2 weeks later right before my car is going in i call up the shop and asked if my deductible was waived.... nope. i call up the cab's insurance company and talk to her and she hasn't even seen anything from melloche monnex yet. i called the girl at melloche monnex and leave another message and still didn't get anything. so for the next few days before my car went in, i called them up and talked to anyone. i talked to my adjuster once after that. i just made sure the people i was talking to were adding things into my file.
isn't it a rule that if the damage to the vehicles is over 1000 that you have to have the cops there?
Originally posted by zoik
isn't it a rule that if the damage to the vehicles is over 1000 that you have to have the cops there?
The cops said since both our cars were still drivable they wouldn't come. :thumbsdow
403Gemini
05-15-2007, 01:28 PM
Originally posted by eb0i
The cops said since both our cars were still drivable they wouldn't come. :thumbsdow
They were probably extremely busy, damage over $1000 , shops will need a damage sticker to work on the vehicle.
Honestly , every insurance company is dealing with a high volume of claims, my average was 120ish claims, im dealing with about 200 right now, but even still i can close the average claim in about 1 month, 1 1/2 tops. (3 months ABSOLUTE max if its something stupid). there is no excuse for the adjuster not to return your car though. And why is your adjuster trying to contact the third party, she should be calling their insurance company, giving them the policy # asking if a claim is setup, if not fire off a demand letter and then its the third parties insurance companies job to get the statement.
But again, i dont know the procedures of your insurance company, i'm only familiar with mine and i know it offers me a bit more freedom to waive deductibles and get shit moving. That and i'm an asshole to other adjusters/companies if they aren't co-operating ;) haha
Originally posted by Isaiah
When my insurance company had failed to come to a resolution 4 months after my last collision, I was advised that in some cases it can take up to 6 months for the liable party's insurance company to accept responsibility and settle for an equitable amount.
Ouch, which company is that? After 90 days i have to send a message to my manager and explain what is taking so fucking long and what my plan is to close the claim in a timely manner
I cannot waive your deductible as the Third Party Adjuster is disputing liability and I am waiting to hear back from the witness which I have nver heard from. So without the witness statement this will go 50/50 becuause of the differences in stories.
That is what the adjuster just wrote to me. Odd thing is that my witness was contacted by her or someone else at AMA the day I was contacted for my statement. Then the witness was contacted AGAIN about two weeks ago. Plus pictures of my car clearly indicate it was hit from the side which I have sent to her a few weeks back as well...
:dunno:
403Gemini
05-15-2007, 03:18 PM
Originally posted by eb0i
That is what the adjuster just wrote to me. Odd thing is that my witness was contacted by her or someone else at AMA the day I was contacted for my statement. Then the witness was contacted AGAIN about two weeks ago. Plus pictures of my car clearly indicate it was hit from the side which I have sent to her a few weeks back as well...
:dunno:
Are you serious? tell your adjuster to grow a spine.
I wouldnt take that.
You probably mentioned it already, but who is your insurance company and who is the third parties?
It's not like the damages to your vehicle was dead decent on the front of your bumper, its on the passenger side of your vehicle, and like i said in my pm, unless your vehicle is capable of moving sideways, theres no chance you could of hit him.
I'm with AMA (probably will switch after this crap), and the other party is with the Cooperators (I know the irony)....
What I don't get is why she keeps on referring to them as the "third party".
403Gemini
05-15-2007, 04:03 PM
Thats just the lingo eb0i.
Both companies are chart, so they abide by the same rules so there shouldn't be any confusion... Just be firm and say that it's unacceptable and understandably the stories are going to clash, they usually do in liablity instances, but the damage on your vehicle speaks volumes of what happened in the accident. Like i said, its not like the damage on your vehicle was your front bumper and his was the center of his rear bumper, clearly he backed into the side of your vehicle. I cant comprehend what the hell your adjuster is thinking...
stevo 27
05-15-2007, 09:06 PM
holy fuck who ever your dealing with is a moron
a monkey with downs syndrom could figure out he reversed into you
TrevorK
05-15-2007, 10:12 PM
Let me guess, you don't carry collision on your vehicle?
Originally posted by TrevorK
Let me guess, you don't carry collision on your vehicle?
ummm...i have full coverage.
So this morning I wrote this to my adjuster
From my understanding all liability claims will have differing stories from either parties so this should not be an issue. Also the damage that my car has incurred (all passenger side damage, no front end damage) should speak volumes as to who is right and wrong in this incident. I'm sorry to say but I really do not feel like you have my best interests in this claim.
Which she promptly replied
GOOD NEWS I JUST HEARD FROM THE TPA AND THEY WANT A COPY OF THE POLICE REPORT I DID NOT REQUEST ONE BUT IF YOU COULD PROVIDE ME WITH THE COLLISION REPORT. I CAN FAX IT OVER TO THEM. THE TPA DID SPEAK WITH THE WITNESS AND NOW ALL OF SUDDEN HAS A CHANGE OF HEART WITH RESPECT TO LIABILITY. I WOULD ALSO LET YOU KNOW THAT ALOT OF CLAIMS TAKE TIME TO SETTLE AND THERE IS NO TIMELINE IN INSURANCE.
Yep she wrote back to me in all caps.
So all I have to do is send her the police report and *crosses fingers* smooth sailing from there.
It's funny that she would add the whole "time line" issue in her email as it was not what I was referring to when I told her she did not seem to "have my best interests". But rather I was referring to the quality of customer service that she provided (or lack thereof).
katana9x4
05-16-2007, 08:57 PM
Dude, once you get all this stuff straightened out, I'd look for a new insurance company.
Wasn't she supposed to have my police report on hand when I made this claim? Or at least made an effort to get a copy of it?
LilDrunkenSmurf
05-17-2007, 07:26 PM
Originally posted by BigMass
actually thats what happened to me 10 years ago when someone crashed into me. They paid for my repairs and they went after the other insurance company on their own time. Their job is to get you back up and running ASAP. Time to change insurance companies. However, maybe service was just that much better 10 years ago than it is now :dunno:
The reason I say this is because I was in an accident recently and the other guys insurance is paying for my car... and 403Gemini works there with the guy... This adjuster went on vacation for 3 weeks while handling my case, and I don't blame the guy, I just wish he would of done what he said he would do (fax the stuff to the bodyshop - screaming paintworks)...
LilDrunkenSmurf
05-17-2007, 07:30 PM
Originally posted by eb0i
Wasn't she supposed to have my police report on hand when I made this claim? Or at least made an effort to get a copy of it?
I know when I submitted my claim, I had to prompt the adjuster to see if he wanted the police case #... I don't know if they get a copy on their own, or you should fax it to them, but it seems like your adjuster just isn't all there.
403Gemini
05-17-2007, 08:43 PM
Originally posted by eb0i
So this morning I wrote this to my adjuster
Which she promptly replied
Yep she wrote back to me in all caps.
So all I have to do is send her the police report and *crosses fingers* smooth sailing from there.
It's funny that she would add the whole "time line" issue in her email as it was not what I was referring to when I told her she did not seem to "have my best interests". But rather I was referring to the quality of customer service that she provided (or lack thereof).
First of all, i would never write to an insured in all caps... or anybody for that matter.
Second she shouldnt be using acronyms that she would put in her statements/memos (Ie: TPA, etc.)
Wow... just wow... sounds like shes one of those adjusters that hopes everything lands in her lap nicely and if it doesnt, meh, wont fight for anything.
I hate those adjusters...
Also all the adjuster needs is just the police file #, we dont NEED to order it unless there is a dispute in liability, i usually get all of my insureds to fax it over immediatly, but as long as i have the file # im usually happy enough cause i can order it if i need too...
TrevorK
05-19-2007, 08:42 AM
Originally posted by eb0i
ummm...i have full coverage.
Then why isn't your car fixed?
I don't understand this one - when you are purchasing collision for your vehicle, it is covered in pretty much any circumstance (DUI, etc... are exceptions). Once the accident has occurred you are able to take it into a bodyshop to get it fixed.
The only downside is that you will pay your deductable until they straighten out who is at fault.
This is what baffles me in your case - why don't you just pay your deductable, get your car fixed, and let this stuff work itself out as it will in due time?
Originally posted by TrevorK
Then why isn't your car fixed?
I don't understand this one - when you are purchasing collision for your vehicle, it is covered in pretty much any circumstance (DUI, etc... are exceptions). Once the accident has occurred you are able to take it into a bodyshop to get it fixed.
The only downside is that you will pay your deductable until they straighten out who is at fault.
This is what baffles me in your case - why don't you just pay your deductable, get your car fixed, and let this stuff work itself out as it will in due time?
Because I don't want the hassle of getting my deductible back. For a previous accident I was involved in (not my fault again) I went ahead and paid my deductible.....half a year later I got my money back. I just preferred to do it this way this time around:dunno: And so far it has worked out better...
Amysicle
05-19-2007, 04:48 PM
Good luck. Borrowing truck guy sounds like a real douche.
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