3 car accident...person that caused the accident is uninsured
11-15-06, 04:27 PM
#1
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3 car accident...person that caused the accident is uninsured
Hello everybody....since i think this is my first post. I only had the car for 3 weeks and already something happens to the GS400
My GS4 recently got rear ended. But the lady (car in the middle) that rear ended me said its not her fault because the guy (the cause of the accident)behind her rear ended her pushing her car into mine. I think that the lady behind me was following to close....thats why she hit my car. Her insurance will not pay for the damages for my GS4 and they told me that it was the guy that rear ended the lady was at fault. But the down side is the guy that rear ended the lady was uninsured.
Now this is the part i dont get....when i was 16 and got into my first accident i was the person in the middle. I did not follow close to the person in front of me. I was driving very safe that day because i going on a down hill on a rainy day. A lady in the eclipse hit me and i held the brakes and slid into the car in front of me. The cop wrote me a ticket saying it was my fault too. It was WET on a downhill!!!! I thought that was a bunch on BULL****!!! SO WTF!!!!!
Is there any way to get that lady that rear ended me to pay for the damages. Im really I-rated right now and i only had the car for only 3 weeks.
IF you cant see the back tires of the car in front of you, doesnt that mean are following to close? My insurance agent told me doesnt matter if its just one inch away. Its not their fault. Its the person the caused the accident is at fault. Now I have to go through my insurance to get it fixed and I have a $500 deductable. I just used that money to register the GS400. I just need to know if there is way to get the lady that rear ended me to pay for my damages? Any legal advice help would be greatly appreciated.
My GS4 recently got rear ended. But the lady (car in the middle) that rear ended me said its not her fault because the guy (the cause of the accident)behind her rear ended her pushing her car into mine. I think that the lady behind me was following to close....thats why she hit my car. Her insurance will not pay for the damages for my GS4 and they told me that it was the guy that rear ended the lady was at fault. But the down side is the guy that rear ended the lady was uninsured.
Now this is the part i dont get....when i was 16 and got into my first accident i was the person in the middle. I did not follow close to the person in front of me. I was driving very safe that day because i going on a down hill on a rainy day. A lady in the eclipse hit me and i held the brakes and slid into the car in front of me. The cop wrote me a ticket saying it was my fault too. It was WET on a downhill!!!! I thought that was a bunch on BULL****!!! SO WTF!!!!!
Is there any way to get that lady that rear ended me to pay for the damages. Im really I-rated right now and i only had the car for only 3 weeks.
IF you cant see the back tires of the car in front of you, doesnt that mean are following to close? My insurance agent told me doesnt matter if its just one inch away. Its not their fault. Its the person the caused the accident is at fault. Now I have to go through my insurance to get it fixed and I have a $500 deductable. I just used that money to register the GS400. I just need to know if there is way to get the lady that rear ended me to pay for my damages? Any legal advice help would be greatly appreciated.
11-15-06, 04:49 PM
#2
Lexus Champion
You can sue both the lady that hit you and the one that hit her and knocked her into her. You are right it is her responsiblity to keep a following distance that will keep her from hitting you if she is rear ended. Just have your insurance pay to fix your car and get a Lawyer to sue both of them for your neck and back problems. Get the Lawyer ASAP, enjoy. If you want you can call her insurance company and see if they want to pay you for your pain now or if they want to wait and after your Lawyer gets involved pay later.
11-15-06, 04:55 PM
#3
You can sue both the lady that hit you and the one that hit her and knocked her into her. You are right it is her responsiblity to keep a following distance that will keep her from hitting you if she is rear ended. Just have your insurance pay to fix your car and get a Lawyer to sue both of them for your neck and back problems. Get the Lawyer ASAP, enjoy. If you want you can call her insurance company and see if they want to pay you for your pain now or if they want to wait and after your Lawyer gets involved pay later.
If I were you, I would talk to my insurance company first (a specialized agent). Your insurance company can sue her insurance company if she hits you. Also, ask your insurance company if they can sue the uninsured driver; if not, just sue the uninsured driver on your own.
However, if your insurance company cannot get any settlement from the lady's insurance company, sue the lady on your own.
Try to go through everything with insurance, since hiring a lawyer can cost you.
Last edited by ElitistK; 11-15-06 at 05:00 PM.
11-15-06, 05:01 PM
#4
First of all, before you let a body shop do the repair, discuss the price to them. The body shop has an estimator from your insurance come in, and estimate the damages, and then insurance sends you a check for that amount. However, the body shop may do the work for less, or more - something you should discuss with the owner.
One thing to keep in mind, never give the body shop "the power of attorney" when dealing with insurance, and specifically instruct your insurance company to send the check to you, not the body shop.
Back in may my wife had an accident, insurance estimated the damages at $4,600 - $1,000 deductable, so I ended up with $3,600 - however the body shop owner agreed to do the work for $4100, and then I found an used headlight, so the whole repair cost me around $3000 and so I even ended up with $600 in my pocket.
One thing to keep in mind, never give the body shop "the power of attorney" when dealing with insurance, and specifically instruct your insurance company to send the check to you, not the body shop.
Back in may my wife had an accident, insurance estimated the damages at $4,600 - $1,000 deductable, so I ended up with $3,600 - however the body shop owner agreed to do the work for $4100, and then I found an used headlight, so the whole repair cost me around $3000 and so I even ended up with $600 in my pocket.
11-15-06, 05:37 PM
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thanks for everybodys quick response. I cant really claim i have back injuries though. Its was a minor accident to me. The back bumper only has deep scratches from the lady that rear ended me. I yea....and a dent in the right muffler tip. I gotta say though...the Lexus GS400 has a strong rear bumper. The lady (sorry dont know here name) was driving a ford minivan, and her front end got F***ed pretty bad. Well her rear end was pretty sore too.
Im trying not to go through my insurance to pay for the damages. I rather just sue everybody involved. Yea...that includes the police officer too. He wrote out the accident report info for me and the only info the officer gave me was her insurance info. Not even her name or her driver license number or anything. I didnt even get info from the guy that rear ended that LADY. COPS in Oklahoma City are PIGS anyways...a bunch of dirtbags that cant even follow the instructions on the accident report and fill it out correctly. I bunch of BS.
Im trying not to go through my insurance to pay for the damages. I rather just sue everybody involved. Yea...that includes the police officer too. He wrote out the accident report info for me and the only info the officer gave me was her insurance info. Not even her name or her driver license number or anything. I didnt even get info from the guy that rear ended that LADY. COPS in Oklahoma City are PIGS anyways...a bunch of dirtbags that cant even follow the instructions on the accident report and fill it out correctly. I bunch of BS.
11-15-06, 05:57 PM
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I would talk to your company as much as possible. Go and talk to your insurance agent, and see what all they can possibly do. They may be able to sue the lady's insurance company, or he/she may be able to direct you in the right path which you should to take to get your car fixed as quick as possible. That or you could call law firms, explain what happened, and just get an opinion. Most of the time on the phone they can tell you if they will accept the case based on your description.
Good luck with it man, getting in accidents is a *****.
Good luck with it man, getting in accidents is a *****.
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11-15-06, 06:03 PM
#8
Moderator
vicpham:
First: Were the cops called at time of accident.
Why should you accept the statement that car2 was pushed in. It could be that car2 hit you and the car3 following close collided with car2.
In a perfect world the intiator of the accident is held responcible and then % fault determines the actual payout. As an example 20% of your loss will be paid by the insurer of the middle car if the driver of the middle car was determined to be 20% at fault. Ideally the car (cause of accident) writes all the checks and with hold based on % fault.
Legally, your car was hit by the car in the middle and although you can sue any one, but your claim has to be made to middle car insurance. So your attitude has to be the car who hit you needs to pay up. Drill this fact into your insurance agent. [You should not be put in a position to determine % fault beween car2 and car3].
Get the estimates but I would advise against actually getting the repairs done till it is determined who is paying.
If you carry more than liability, you can claim against your insurance and let them deal with recovery. Check with your agent as you will have to cough up the detuctable and implications in premium hike.
This is the time to find out which insurance company is better.
Salim
dont be surprized if the repairs cost $1500-2500
First: Were the cops called at time of accident.
Why should you accept the statement that car2 was pushed in. It could be that car2 hit you and the car3 following close collided with car2.
In a perfect world the intiator of the accident is held responcible and then % fault determines the actual payout. As an example 20% of your loss will be paid by the insurer of the middle car if the driver of the middle car was determined to be 20% at fault. Ideally the car (cause of accident) writes all the checks and with hold based on % fault.
Legally, your car was hit by the car in the middle and although you can sue any one, but your claim has to be made to middle car insurance. So your attitude has to be the car who hit you needs to pay up. Drill this fact into your insurance agent. [You should not be put in a position to determine % fault beween car2 and car3].
Get the estimates but I would advise against actually getting the repairs done till it is determined who is paying.
If you carry more than liability, you can claim against your insurance and let them deal with recovery. Check with your agent as you will have to cough up the detuctable and implications in premium hike.
This is the time to find out which insurance company is better.
Salim
dont be surprized if the repairs cost $1500-2500
Last edited by salimshah; 11-15-06 at 06:08 PM.
11-15-06, 06:06 PM
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I would talk to your company as much as possible. Go and talk to your insurance agent, and see what all they can possibly do. They may be able to sue the lady's insurance company, or he/she may be able to direct you in the right path which you should to take to get your car fixed as quick as possible. That or you could call law firms, explain what happened, and just get an opinion. Most of the time on the phone they can tell you if they will accept the case based on your description.
Good luck with it man, getting in accidents is a *****.
Good luck with it man, getting in accidents is a *****.
My insurance company..(American Family) says that they cant pursue that lady cause they said its not her fault. Even if she was an inch from my bumper...its still not her fault. Which i think its dumb because every driver has the responsibility to maintain a certain distance of the car in front of them. If its not her fault then why do cops give tickets for tailgating?
11-15-06, 06:11 PM
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vicpham:
First: Were the cops called at time of accident.
Why should you accept the statement that car2 was pushed in. It could be that car2 hit you and the car3 following close collided with car2.
In a perfect world the intiator of the accident is held responcible and then % fault determines the actual payout. As an example 20% of your loss will be paid by the insurer of the middle car if the driver of the middle car was determined to be 20% at fault. Ideally the car (cause of accident) writes all the checks and with hold based on % fault.
Legally, your car was hit by the car in the middle and although you can sue any one, but your claim has to be made to middle car insurance. So your attitude has to be the car who hit you needs to pay up. Drill this fact into your insurance agent. [You should not be put in a position to determine % fault beween car2 and car3].
Get the estimates but I would advise against actually getting the repairs done till it is determined who is paying.
If you carry more than liability, you can claim against your insurance and let them deal with recovery. Check with your agent as you will have to cough up the detuctable and implications in premium hike.
This is the time to find out which insurance company is better.
Salim
dont be surprized if the repairs cost $1500-2500
First: Were the cops called at time of accident.
Why should you accept the statement that car2 was pushed in. It could be that car2 hit you and the car3 following close collided with car2.
In a perfect world the intiator of the accident is held responcible and then % fault determines the actual payout. As an example 20% of your loss will be paid by the insurer of the middle car if the driver of the middle car was determined to be 20% at fault. Ideally the car (cause of accident) writes all the checks and with hold based on % fault.
Legally, your car was hit by the car in the middle and although you can sue any one, but your claim has to be made to middle car insurance. So your attitude has to be the car who hit you needs to pay up. Drill this fact into your insurance agent. [You should not be put in a position to determine % fault beween car2 and car3].
Get the estimates but I would advise against actually getting the repairs done till it is determined who is paying.
If you carry more than liability, you can claim against your insurance and let them deal with recovery. Check with your agent as you will have to cough up the detuctable and implications in premium hike.
This is the time to find out which insurance company is better.
Salim
dont be surprized if the repairs cost $1500-2500
11-15-06, 06:17 PM
#11
Moderator
I would suggest to talk to your insurance agent and NOT the customer service. If it is your agent who gave you the bull get the area supervisor and the next step would be the state office of insurance regulation board.
Salim
Salim
11-15-06, 06:18 PM
#12
I would talk to my insurance agent first. Of course the lady's insurance carrier doesn't want to pay you anything. It would help if you had a police report stating she was following too close. The other insurance company probably will make a settlement with you. Remember, litigation costs a ton of money. Maybe suggest mediation or arbitration hearing?
11-15-06, 06:58 PM
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Damage doesn't look too bad. Get the bumper repainted for a couple $$K and call it a day. It's not worth the frustration for a scratched bumper.
Know if you want to get even with the uninsured, and the biatch riding to close , thats when suing for aches and pains is a valuable option. You are guranteed something.
Know if you want to get even with the uninsured, and the biatch riding to close , thats when suing for aches and pains is a valuable option. You are guranteed something.
11-15-06, 07:15 PM
#14
Lexus Test Driver
I'm only 18, never been in an accident, and probably don't know much about insurance, but i can tell you this: those commercials that say "back/neck problems, car accidents? call us 1800fthepersonbehindyou" work.
that's option a
option B would to save yourself the frustration of paperwork, phonecalls, emails, and gas by just painting the back bumper for a few hundred $$$ and call it a day.
sorry to hear that some as*hole's don't know how to drive, but if your insurance is telling you that it wasnt her fault, they're obviously not trying to screw you, so save yourself the stress and take it into your own hands.
p.s. did you get her plate? if so...look it up, go to her house, **** up her car...(i didnt tell you to do that), hahaha, jk
that's option a
option B would to save yourself the frustration of paperwork, phonecalls, emails, and gas by just painting the back bumper for a few hundred $$$ and call it a day.
sorry to hear that some as*hole's don't know how to drive, but if your insurance is telling you that it wasnt her fault, they're obviously not trying to screw you, so save yourself the stress and take it into your own hands.
p.s. did you get her plate? if so...look it up, go to her house, **** up her car...(i didnt tell you to do that), hahaha, jk
11-16-06, 11:02 AM
#15
I was the victim of a uninsured driver just about two weeks ago. I'm allowing my insurance company to handle the process of getting my money back. Although they say that'll take some time, I feel confident that they will make this happen. Let's just hope that your company is able to track the uninsured driver and get the funds. I'm suppose to pick up my car today and hope that I'll get my money sometime down the road. Good luck during this process.