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Post by netmaster on Jan 18, 2012 19:54:55 GMT -6
obbama care is spreading to auto insurance..my daughter had a fender bender in sa, police said no fault to either party done deal right?..not .... I was like we will fix ours and you fix yours, you have a scratch and I have a major dent...she filled on my insurance and the adjuster called today and said that they will pay on her claim that my daughter was turning left and she had the right of way no lights no stop signs etc but "THATS what you have insurance for" WTF..maybe this is why I pay 4500.00 a year for insurance to cover other dumbass people...
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Post by baldybaskcom on Jan 19, 2012 9:58:17 GMT -6
What the police say has no bearing on who pays on an insurance claim. Unless the police witnessed the accident. Only the witnesses to the accident, those actually involved and those that saw it, have bearing on what the insurance companies do. I don't quite understand what you are saying regarding who turned left in front of who but that's what will determine the fault, providing there are no traffic controls at the intersection. My guess is that the adjuster has determined that your daughter was at fault to some extent and they just want to minimize the damage claim by paying it before a lawyer gets involved and injuries suddenly appear. Having said that, you might not know this but back in the 70s Texas law went from a "Contributory Negligence" doctrine to a "Comparative Negligence" doctrine. That change the game. You might want to look those terms up. So, there is nothing that says you can't go to small claims court and sue the other person for your damages. You wouldn't have a whole lot to lose if your insurance has already paid the other party's damages. But, you would be wise to make sure that you can prove some "Comparative Negligence" on the part of the other driver.
This not intended as legal advice, just advice from someone that has been there done that and learned a lot.
Baldy
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revkag
Founding Member
Posts: 1,001
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Post by revkag on Jan 19, 2012 10:17:18 GMT -6
My daughter had a similar deal happen here in the Big O... Nationwide ( is NOT on your side) paid close to $2000 for a scratch on a bumper. I talked to the claims agent and local office and told them that they were being ripped off, but their attitude was one of "Oh well... There's nothing we can do..."
Guess who we dropped when it came time for renewal?
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Post by baldybaskcom on Jan 19, 2012 11:50:36 GMT -6
Dropping a company over something like that is only going to make you feel better. Under the same circumstances your new company will probably do the very same thing. Remember, they operate under the profit motive (and that's a good thing) so their first priority is to keep the losses as low as possible. Also, they are protecting you in that effort because if they don't settle and some jury awards the other party an amount over your insured limits, guess who get's that bill.
Baldy
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revkag
Founding Member
Posts: 1,001
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Post by revkag on Jan 19, 2012 18:47:39 GMT -6
Yeah, I know... but I do feel better. I did get a better rate... Got a nice discount rate with my motorcycle, house and cars...
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