Posted: Sun Jul 13, 2008 4:55 pm Post subject: I need advise, what to do?
My car was hit while parking in a street in philadelphia, the other car owner claim that someone attempted to car jack him while his vehicle was running,
the thief shoved him out jumping into the vehicle, the car owner grabbed the wheel from the thief making him hit my car. their was no eye witness except a 7 years old boy. the problem is that his company didn't want to pay. now what I have to do? , go to the court and sue the insurance company that no one can proof his story or go to the court and sue the car owner for his reckless action that cause the accident???
OMAR
You can't sue the insurance company as they did not cause your loss. You would sue their insured and they would provide that person a defense. What you would need to prove in court is that the driver/owner is liable. His defense is... just as he stated. Did he file a police report stating this same information? If so, it would go a long way in supporting his defense. If their a problem with his witness? If the child is independent, his statement would pretty much seal the other person's defense as well.
Just file the claim with your carrier under your collision coverage, if they think they have a case, they will take the other carrier on. _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
Well Omar, I think Lori has a point....you may have to file a case with you own insurer. the driver's insurer is denying the fact based on the fact that their insured wasn't responsible for the damages since his car was stolen at the time of accident. And if the driver has a police report to support his version, you may have a hard time in proving it otherwise even if you sue him. _________________ Register Now to have your Insurance queries solved.
you should consult your lawyer
Going to the court will not help much because if that child speaks in other man's favour in the court, then it will not help you much.
on the contrary, that man can sue you because you dragged him to the court without any reason _________________ INDIAN_TUSHAR
for latest money news
www.its-all-abt-money.blogspot.com
Hi Lori
I don't have a collision coverage, So my insurance company will not pay, and because they will not pay, they don't care about my case at all...
i have a question:
the car owner that hit my car was in the scene and even his act by grabbing the car wheel caused the accident, and the car owner admit that, does that give me the right to ask his insurance to pay?
I don't know what are the regulations that govern when or when not the insurance company should pay or not?
You could raise this issue but personally, I don't think it's going to change anything. When someone is trying to steal your car, is it reasonable that your going to try to stop the person? In court the person's story would be something like he was trying to remove the keys, he was trying to brace himself, etc. I see no reason why anyone would try to _stop_ a vehicle by grabbing the steering wheel. If he said this, he's probably just explaining that he was tying to stop the vehicle and it hit your car because he was holding the wheel at the time.
I think you can point out to the adjuster that you feel grabbing the wheel was inappropriate/unreasonable but I think the adjuster is not going to change their mind because of this.
If someone ran up to your car and car jacked you, how would your really respond? I don't think anyone can plan out what they will do.
It sounds to me like the witness is credible and that it's very likely that the person's car _was_ being stolen?
Hi tcope thanx for your interest,, it's not that the witness is credible or not,,, as i said before the only witness for the accident was a 7 yrs boy, that i don't know until now what he saw exactly,, the point is that is there an easy way to do it,, rather than going to court doubting what the owner claim,, he might be joking with a friend and after the accident he claims that there was a car jack.
i have a question:
the car owner that hit my car was in the scene and even his act by grabbing the car wheel caused the accident, and the car owner admit that, does that give me the right to ask his insurance to pay?
I don't know what are the regulations that govern when or when not the insurance company should pay or not?
If it's a credible story, then surely (although it sucks for you) you have to admit that you wouldn't want to be held responsible for some jerk that was trying to jack your car right? I mean if someone jumps into your car, personally I'd be 'trying' to hit something to get attention and maybe save my life, maybe even hit six cars, but my insurance company wouldn't pay a nickel, because insurance companies don't insure felons...meaning a thief did not have my permission to drive my car, no matter what i did in an attempt to escape etc....like I said you wouldn't want to be held responsible if it were you right?
T, brings up a very valid point...police report, police report, police report....I see no way out of this other than suing, and I honestly (unfortunately) don't see it changing, however, you could always take him to small claims court...minimal fee, no attorneys and you each tell your story to the judge, and let him decide, if the judge rules in your favor his carrier will pay then. _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
Sorry Lori, I couldn't understand you, you are saying if the car owner hit my car or maybe even hit six cars, its fine since he is trying to save his car, and the other cars owners should hit their heads on the floor, no body will give them a penny, this is not right.
the car owner left his car running, and was outside it, how far was he no one knows? but i think far enough to motivate a thief walking in the area to steal it. the car owner made a big mistake and to solve it he did another mistake by running after the car and grabbed the wheel through the car window turning the car to hit my car.. the car is a deadly weapon this is why you get a traffic ticket when you did a violation, you cant act reckless even you try to save your piece of metal called a car,, he might killed a person or even the 7 yrs old child who was there,, or may be turning a healthy man to a handicap, or even kill the thief, he deserve to go to prison but not killed, we are not living in jungle, if you are not defending you life, there is no excuse to hurt others life or property, this is why the invented something called the cops.
I will go to the court not because of the money, but because I feel injustice, from both the owner and the insurance company, and if I stop fighting for myself no one will fight for me.
the car owner left his car running, and was outside it
I did not realize that he left his car running and was out of the car (I don't think you mentioned this). If that is the case, I could see a little liability against the owner but not much. It's also a judgment call. Some adjusters might not accept any liability for this.
Quote:
he might killed a person or even the 7 yrs old child who was there,, or may be turning a healthy man to a handicap, or even kill the thief...
If, if, if... all of which never happened. What _if_ the owner successfully recovered his car with no damage and the theft went to jail? As that _could_ have happened, is it a good reason to deny liability for what _did_ happen? The questions is, was what the owner did reasonable in attempting to stop the thief. Would many other people have done the same thing if they thought they could stop the person. The owner should have the right to try to stop the theft of his car. As I mentioned before, I don't see why anyone would grab the wheel as this would not stop the car. More likely he was trying to stop the thief and perhaps needed to grab the wheel to brace himself. When this person sits in front of a jury and tells them his only means of transportation was being stolen right next to him and he was trying to apprehend the car thief and save his car from getting stolen... do you really think the jury is going to send a message that tells people they should not try to stop their cars from getting stolen? The owner certainly has a right to protect his own property.
Quote:
this is why the invented something called the cops.
Police officers chase stolen cars all the time. This also causes property damage to innocent 3rd parties. They have the same recourse you do... against the thief.
Quote:
I will go to the court not because of the money, but because I feel injustice, from both the owner and the insurance company, and if I stop fighting for myself no one will fight for me.
You certainly have that right. I think you have a good case for _some_ liability against the car owner (for leaving the car running and walking away). But for any more then that... this is why people pay for collision coverage.
I think your really upset because you were not at fault for the damage to your vehicle so you feel someone else should be. You are correct... but that person is the thief who stolen the car.
I did not realize that he left his car running and was out of the car (I don't think you mentioned this).
I don't think she did either, or the fact the he reached inside the car and grabbed the wheel...this would've been good information to have Omar...however, I don't think it will change a thing...
Omar, remember now I don't make the laws, or have any say so at all in them..I'm just telling you what from my 23 years experience will happen...If the guy left his car running, CLEARLY he was close to it...close enough to not only chase it down but get atleast his hands inside the window and grab the steering wheel...
I totally understand your frustration and angry...but honestly you have no idea FOR SURE what you would do in similar circumstances...Take your car, you have no comprehensive coverage do you? If someone steals it you are flat out of luck unless the cops find it, and they NEVER find it in the same condition it was in prior to the theft....this being your circumstance (no coverage) would you if you thought you could try and stop the thief? Hell, I would and I have the coverage, it would be a natural instinct for me anyway to try and stop someone taking my stuff! The owner of the vehicle perhaps doesn't have comp either...
Take the guy to small claims court, and let us know how it turns out...all I'm telling you is from the benefit of my experience I have never not one time for one single penney seen any insurance company pay for any damage that was caused by a thief and the proximent cause of this damage was car theft....I'm sorry. _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
I hope that you still remember my case,, i took your advise and I went to small claims court,, i filed a case and I was waiting for my court date.
what happened is that I received a letter from the insurance company attorney that he will defend their client.
I imagined the situation will be my story against the other car owner story,, but now it will my story against a lawyer defense.
do you have an advise for me about this new situation.....
continue.......
for me it seems logic to me that the insurance company defend their client,, that if the other car owner was accused by the court then he will be liable to the accident and his insurance should pay..
but for me the case become harder now I will fight a big lawyer office not an ordinary guy. I need to be sooooo prepared and i need advise for what to do next.
