insurance claim question

[nismo_fan]

CLIFF NOTES: Lady hit and run my car, hit me personally with her car, i kicked her mirror off. Her insurance wants to send me the bill for mirror, I got charged with property damage at time of accident. Charges get withdrawn, but her insurance still wants me to pay for mirror. I don't think I should have to, but I don't know which is why this thread is here



first, sorry for the long read, but it is worth it lol....

December 27, 2011: I was travelling north on 36 st ne, north of 80th ave towards Country Hills Blvd. 60 km/h speed limit, one lane each direction, solid yellow line down the middle. I was doing 65, and a silver suv came racing up behind me. It started tailgating me, so i slowed down to 60. The suv then attempted to pass me, for whatever reason. As it was getting back onto my side of the road, the rear bumper of it clipped the front bumper of my vehicle. The driver then kept going, passing a semi that was in front of me, illegally as well. At the lights at CHB, she got stuck in traffic, which allowed me the chance to get out of my car and approach her about it. She denied hitting my vehicle, and so i stood in front of her vehicle, and i told my passenger to call 911. As he was calling the police, this lady then hit me as i was standing in front of her vehicle, moving me about 4 feet back. I lost my temper and kicked her driver's side mirror off. The traffic light went green, and she took off in traffic again. I got back into my vehicle and followed her. She went to the Country Hills Police station, as did I. Cops showed up, we all gave statements and stuff, and at the end she got 3 tickets, and all i know is that one was for a hit and run. I got charged with property damage for kicking her mirror off, and that was it. On the collision report form, the accident was marked as a hit and run as well.

I called her insurance company after giving her the chance to settle this privately. She had made 2 claims, one for her bumper and one for her mirror. Her adjuster informed me that they were expecting me to pay for the mirror. I told him that until I went to court I wouldn't pay anything, and if I was found guilty that I would gladly pay the whole bill. I also informed him that if the outcome was not guilty that I wasn't paying the bill at all. We left it at that and waited for the trial date.

Fast forward a couple of months, and I have my preliminary trial date (because i was representing myself), and the charges are immediately withdrawn, the crown said that they didn't have any sort of a case. I'm happy, so I then inform the adjuster of what happened and provided the necessary paperwork. He then tells me that they are still going to send me the bill for the mirror, because I admitted to kicking it off. I told him that I am not paying for it, due to the fact that the charge was withdrawn, making me not-guilty. Now they want me to go and get a damage estimate done for my bumper and use what money i would have gotten and apply it to the bill for the mirror.

Is this allowed? Can they use the money I was supposed to get for this to satisfy the other claim? I really don't care about my car getting fixed, the damage isn't that bad and it's only cosmetic really, I just don't think that I should have to pay for her mirror. Would it be wise to get a lawyer involved? I haven't dealt with an insurance claim before and i'm not sure what to do.....any help is appreciated.

[lilmira]

Why was the charge dropped for property damage?
So you admitted that you broke her mirror? Or you broke her mirror while you were trying to stop her from running away?
May be you should tell them that your neck is a little sore ever since she hit you with a vehicle.

[BananaFob]

Was your charge from the police for property damage a criminal charge? It probably was.

If that's the case, what happens in criminal court usually has little to no bearing in civil court, they can definitely sue you for that damage.

For example, OJ Simpson was acquitted of killing his wife, but the Goldman family still sued him (and won) civilly for wrongful death.

[Zero102]

You say that you don't think you should have to pay for it, but you kicked it off, were it not for your actions she would not have suffered that damage. I don't see how it gets any more clear cut than that? Being mad doesn't give you a free license to break the law.

Road rage is a bitch and hopefully you learned a lesson and won't try to act like the road police in the future. Blocking people who are passing is a bad idea, deliberately slowing down to incite rage in other drives is a bad idea, standing in front of a car that has just hit your car and driven away is a bad idea. Getting the point?

In case you are wondering about my first bad idea point, you didn't say this but you sped up while she was passing you, that is illegal because it was deliberately blocking her from returning to the correct side of the road after passing you. Also, you mention illegal passing, how many yellow lines are down the center of that road? Last time I saw that stretch it was just 1, and as far as I know passing over a single solid yellow line is legal so long as it is done safely.

[guessboi]

Originally posted by Zero102
You say that you don't think you should have to pay for it, but you kicked it off, were it not for your actions she would not have suffered that damage. I don't see how it gets any more clear cut than that? Being mad doesn't give you a free license to break the law.

Can't say it better than this! You damaged it, you should pay for it...simple as that...doesn't matter if the charge is withdraw or not.

Be a man and pay up that mirror.

[jwslam]

Originally posted by Zero102
Last time I saw that stretch it was just 1, and as far as I know passing over a single solid yellow line is legal so long as it is done safely. [/B]

I always thought it was illegal as long as the line is solid... a quick google and the book only shows it's illegal in rural areas and has no indications otherwise

As for OP: You really should tell them you have neck pains and go from there.

[dr_jared88]

I can't even believe this is actually a question you aren't embarrassed of asking. You broke her mirror, you should be responsible to fix it. Her hitting your car doesn't give you a free pass to give her what you think she deserves.

I agree she should be punished for her hit and run however that punishment is not to be determined or given by you.

Man up and pay the bill, and maybe look at investing in some anger management classes.

[FraserB]

You're gonna be on the hook for the mirror. She on the other hand is royally fucked.

Failure to yeild, leaving the scene and probably an unsafe lane change ticket? Once she is convicted on all of them her insurance will skyrocket and she will be very close to losing her DL. I assume it was also reported that she struck you and not just the car?

I would just tell them to take the $ for the mirror out of you settlement for your damages. Just make sure they don't put it through as a claim against you.

If you were thinking right at the time you would have said that you were trying to get her to stop and thats when the mirror came off, that and her hitting you while trying to flee would have meant that you never would have been charged and not have to pay her insurance.

[Kloubek]

Yeah - if you said that you were holding the mirror in an attempt to keep her at the scene, and she drove off and that is how it broke, then you probably could have gotten away with it.

As it stands, I can see why they are going after you for the expense of the mirror. You admitted to doing it because you were pissed (can't blame you), and it was entirely your own actions which caused the mirror to be broken. She simply cannot be blamed for that - regardless of whether she is a total bitch for doing what she did.

The fact is that you (understandably) let your temper get the better of you. But now it is time to pay for it.

It sucks, but you are responsible for your own actions.

[OriginalGoods]

Dude you kicked off her mirror. Hahahahaah, you have to pay for that still tho .

[nismo_fan]

at the time that i kicked her mirror, it was more in an attempt to get her to realize what she was doing. at that moment, she had done the following:
-speeding
-unsafe lane change
-hit and run
-another unsafe pass
-denied hitting my vehicle
-hit me personally with her vehicle

i didn't know what else to do to try and get her to understand that you can't just hit and run. had she stopped she probably wouldn't have gotten a hit and run. had anything gone differently, i honestly don't think that i would have kicked her mirror off. my car isn't nice by any means, and the damages aren't really that bad.

i have talked to my insurance company and i think that i still have a fighting chance. i'll keep updating this thread either way. my biggest problem is that i could have gotten the mirror, had it painted, and installed for less than $300, and the claim was for $570.....and if my damage is less than $570, i'm still on the hook for the remaining.

[93VR6]

Go see a doctor tell them you were hit by a car and your neck hurts, this bitch deserves what she's got coming.

You have up to a year after to claim injuries such as that.

[Zigo]

^^ Rolled your ankle or something.

[J-hop]

Originally posted by jwslam


I always thought it was illegal as long as the line is solid... a quick google and the book only shows it's illegal in rural areas and has no indications otherwise

As for OP: You really should tell them you have neck pains and go from there.

Zero is correct, perfectly legal on an urban highway (urban road) as long as it is done "safely". Had this argument with an AMA instructor because he marked me wrong for saying it was legal as long as it is safe to do so. His argument to me was it's never safe to do and therefore never legal, although he agreed with me that the law allows it (still pissed about losing that one mark because no one else taking the course knew that law, but the instructor was teaching the course using his subjective view of "safe")

[Zero102]

Originally posted by nismo_fan
at the time that i kicked her mirror, it was more in an attempt to get her to realize what she was doing. at that moment, she had done the following:
-speeding
-unsafe lane change
-hit and run
-another unsafe pass
-denied hitting my vehicle
-hit me personally with her vehicle

i didn't know what else to do to try and get her to understand that you can't just hit and run. had she stopped she probably wouldn't have gotten a hit and run. had anything gone differently, i honestly don't think that i would have kicked her mirror off. my car isn't nice by any means, and the damages aren't really that bad.

i have talked to my insurance company and i think that i still have a fighting chance. i'll keep updating this thread either way. my biggest problem is that i could have gotten the mirror, had it painted, and installed for less than $300, and the claim was for $570.....and if my damage is less than $570, i'm still on the hook for the remaining.

I don't see the problem, you damaged something and you are obligated to pay. They asked you to get an estimate for the damage to your car and they will take that estimate, they won't then turn around and say "Well we could have a new bumper painted for this much...". It is unbelievable how you seem to feel you have no obligation to pay for something that you deliberately damaged. Seriously, I gave you an EASY out to get more than enough money to pay for the fucking mirror in my first post and still you come back here bitching.

In case you are wondering, the correct procedure for a hit and run is to gather as much identifying information about the driver as possible, how they look, rough age, etc. so that you can identify them later if asked, then identify the vehicle and any if there are any other people in it get a decent look at them too, then go to the police.
You put yourself in the whole second half of the situation. You argue that you wouldn't have kicker her mirror if she hadn't done things, I would fully expect her to argue that she wouldn't have hit you with her car if she didn't feel threatened.

Also, it is ILLEGAL to exit your vehicle and approach another vehicle in traffic, maybe for this reason

[Zero102]

Originally posted by jwslam


I always thought it was illegal as long as the line is solid... a quick google and the book only shows it's illegal in rural areas and has no indications otherwise

As for OP: You really should tell them you have neck pains and go from there.

Illegal in rural areas? Can you provide a reference for that? I thought passing over a single solid was legal everywhere that passing is not altogether prohibited and the Alberta rules of the road document seems to imply this as well.

[baygirl]

Originally posted by Zero102


Illegal in rural areas? Can you provide a reference for that? I thought passing over a single solid was legal everywhere that passing is not altogether prohibited and the Alberta rules of the road document seems to imply this as well.

I am currently in the middle of butt fuck nowhere (in Newfoundland), and here it's illegal to pass on a solid yellow line....

[g-m]

I'm pretty sure his post said Alberta specifically. But let me read that for you. Yep. Alberta

[Zero102]

Originally posted by baygirl

I am currently in the middle of butt fuck nowhere (in Newfoundland), and here it's illegal to pass on a solid yellow line....

You do know driving laws change from province to province, don't you?

For example, in BC it is legal to turn over a yellow double solid line so long as you don't impede traffic. That is not legal here in Alberta.

[baygirl]

Originally posted by Zero102


You do know driving laws change from province to province, don't you?

For example, in BC it is legal to turn over a yellow double solid line so long as you don't impede traffic. That is not legal here in Alberta.

I knew driving laws change from province to province, but figured the basics(like passing on a solid yellow) stayed the same. Then again I have only driven in 2 provinces.