Car Insurance lawyer

[93VR6]

Well my car written off about two weeks ago, rear ended by another driver when I was stopped, and today I talked to the adjuster...

So apparently the guy (nick) that hit me from behind claims to have been hit from behind into me. If nick was actually hit from behind by someone else then this person fled the scene and obviously did not fill out a police report. So The adjuster today said that their guy, nicks car does have damage to his rear bumper that looks recent. So apparently this means they will not be honoring my claim and I now need to seek legal assistance. What I am asking for is a referral to a good lawyer who can get me what I deserve?

Also will it be possible for me to sue for lawyer fees?

thanks

[Zewind]

Wooo Wooo Woooooooo...


Was the accident in Alberta?
Do you have collison coverage on your vehicle?


This will help me formula an better answer than just going all over the place.

:D

[AndyL]

If he got rearended - that's irrelevant to you, even if he was hit - his insurance still pays for the damage to your car... At least that's how it worked last time I was hit (3 accidents behind me).

[tom_9109]

Originally posted by AndyL
If he got rearended - that's irrelevant to you, even if he was hit - his insurance still pays for the damage to your car... At least that's how it worked last time I was hit (3 accidents behind me).

Not true, if the OP doesn't carry collision then the IBC agreement that binds insurers to a certain percentage of fault does not apply. If the guy was hit by another car into the OP then it is the 'missing car' that is negligent and responsible for all damages.

[Masked Bandit]

This is that guy with Manitoba insurance right? And you don't carry collision coverage right? There are adjusters on the board that can speak better to this but I think Manitoba guy is still liable for damage to you. The problem is that without collision coverage you get to fight with his insurance company (Manitoba government) yourself. Good luck with that.

[tom_9109]

Originally posted by Masked Bandit
This is that guy with Manitoba insurance right? And you don't carry collision coverage right? There are adjusters on the board that can speak better to this but I think Manitoba guy is still liable for damage to you. The problem is that without collision coverage you get to fight with his insurance company (Manitoba government) yourself. Good luck with that.


I thought this sounded familiar.

[93VR6]

Originally posted by tom_9109


Not true, if the OP doesn't carry collision then the IBC agreement that binds insurers to a certain percentage of fault does not apply. If the guy was hit by another car into the OP then it is the 'missing car' that is negligent and responsible for all damages.

So If I ever rearend anyone I can make up a story that I was hit from behind and get off the hook? that seems a little ridiculous...

How is it possible that I can be screwed out of any compensation for something that was completely not my fault?

The officer on scene even said that there was no apparent damage to the back of nicks truck.



To everyone else, yes this is the manitoba guy and no I do not have collision coverage.

So does anyone have any lawyers they can reccomend to me?

[93VR6]

Originally posted by Zewind
Wooo Wooo Woooooooo...


Was the accident in Alberta?
Do you have collison coverage on your vehicle?


This will help me formula an better answer than just going all over the place.

:D

Yes in Alberta, No I do not have collision or this wouldn't be an issue.

Please help me :)

[tom_9109]

I'm just giving you the facts. take em or leave em.

[93VR6]

Originally posted by tom_9109
I'm just giving you the facts. take em or leave em.

Thanks I just hope this will work out so atleast get something.

This will sound like I'm doubting you but I don't mean to im just curious how do you know so much?

[tom_9109]

Originally posted by 93VR6


Thanks I just hope this will work out so atleast get something.

This will sound like I'm doubting you but I don't mean to im just curious how do you know so much?

I work in claims.

[93VR6]

Originally posted by tom_9109


I work in claims.

So what is stopping anyone from saying they were rear ended and then later that day kicking in their rear bumper and avoiding a claim?

This is so frustrating and just doesn't seem right.

[tom_9109]

Originally posted by 93VR6


So what is stopping anyone from saying they were rear ended and then later that day kicking in their rear bumper and avoiding a claim?

This is so frustrating and just doesn't seem right.

Buy collision next time and your insurance company will take care of it and likely get the other insurance company to accept fault.

[2BLUE]

This is bull.

I was smoked on 14st and the person behind me said she was rear ended.

The lady that hit me her insurance paid me out.

And she claimed to be rear ended by the other guy. which his insurance paid out.

[tom_9109]

Originally posted by 2BLUE
This is bull.

I was smoked on 14st and the person behind me said she was rear ended.

The lady that hit me her insurance paid me out.

And she claimed to be rear ended by the other guy. which his insurance paid out.

Different situation. Do you carry collision? Did all three cars stay at the scene?

[93VR6]

So pretty dumb of me I just went over the police report and the little box marked "hit and run" has the no box ticked off. At the scene the guy that hit me told the cop he had been hit and the cop looked at the guys bumper and said, "no there is no sign of damage", so I assume this is good information?

[tom_9109]

Someone was definitely negligent and caused the damages to the vehicle.

The guy who's vehicle directly contacted you has said he was hit into you. If it is true, he is not negligent and would not be held liable in a court of law.

As such his insurer has taken the position that they are not liable as the insured would not be held liable in a court of law if the case went to court. The party who would be held liable would likely have been the 3rd car.

The guy is probably full of shit when it comes to being hit into you, however his insurer is using it as their defence to your claim.


Go get a lawyer and have them sort it out. With a proper action started against the driver the insurance company will likely respond and it will never go to court.

[93VR6]

I understand completely the stance being taken my the insurance company now and I guess it makes sense, if it were true....

I also bumped into a girl infront of me (very slight, not even paint transfer, she had it checked and no damage, thank god for plastic bumpers). I also have her word that she saw no one flee the scene of this accident and that the guy who hit me is full of it.

So hopefully with this girls statement, my statement and the police report that says there was not a hit a run I should be able to wrap this up before having to take it to court.