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 Posted: Sat Jun 27, 2009 2:31 pm Post subject: "at fault" |
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My vehicle and I were the victim of a drive by shooting. While trying to evade the shooters I lost control of my vehicle and hit another vehicle. My auto insurance puts me at fault for the accident and I don't see how it would be my fault? Does anyone have any advice on how I can have this ruling by the insurance company overturned?
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Jay
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| Posted: Sat Jun 27, 2009 11:06 pm Post subject: |
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Was there any evidence of a 3rd party causing you to loose control?
But to answer your question, you can appeal to your insurance company but they have the final say... no ifs, ands, or buts. |
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tcope
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| Posted: Mon Jun 29, 2009 4:50 am Post subject: |
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Hi Jay,
| Quote: | | My auto insurance puts me at fault for the accident and I don't see how it would be my fault? |
Well, may be according to them you still had had the chance to avoid the collision and therefore they are putting you at-fault. Like Tcope has said, can you have an independent witness testifying for the 'drive by shooting' incident? I guess there is a police report for the entire incident. |
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JeremyHolter
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| Posted: Fri Jul 03, 2009 12:11 pm Post subject: |
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After I crashed my vehicle I fled the scene on foot. I wasn't really in the mood to get shot that evening. The police report did not include the 4 bullet holes that were in my vehicle or the 9mm round they retrieved from my drivers side door. The officer also failed to report that I returned to the scene after the police had arrived. I have some kind of report from the police station that has information about the round that was removed from my vehicle. That is all I have though.
How would I go about appealing to my auto insurance company?
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Jay
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| Posted: Fri Jul 03, 2009 12:24 pm Post subject: |
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| Quote: | | My auto insurance puts me at fault for the accident and I don't see how it would be my fault? |
Try and look at it this way, and ask yourself these questions.. What did the car that you hit do wrong? How were they at fault?
Your insurance company should know that your vehicle was shot...When they inspected your vehicle, or wrote an estimate for the repair, they had to 'notice' the bullet holes. What have they said about their reasoning?
| Quote: | | After I crashed my vehicle I fled the scene on foot. |
| Quote: | | The officer also failed to report that I returned to the scene after the police had arrived. |
What tickets (if any) did you get for the accident? Did you get a 'left/fled the scene of an accident' ticket? Your carrier may be looking at this as a hit and run...The poor guy you hit could certainly attest to the fact you returned to the scene promptly..or was it prompt? How long after the impact did you return? | Quote: | | I wasn't really in the mood to get shot that evening. |
As opposed to the next day when you were in the mood ?   Why didn't the shooters start shooting at the guy you hit? Did they flee as well? Did you get a license plate or do you know who they were? Did YOU call the police or someone else when this happened?
There are a lot of questions that would need to be answered to determine your liability in this accident. I'm assuming your carrier has got all of that information from you and others that were involved. | Quote: | | How would I go about appealing to my auto insurance company? |
Well, first..have they already paid the guy you hit? How long ago did this accident happen? Is the guy you hit injured? Have you told the adjuster that you do not agree with their liability decision? And if so what was their response?
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Lori
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| Posted: Fri Jul 03, 2009 7:02 pm Post subject: |
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| Quote: | | Try and look at it this way, and ask yourself these questions.. What did the car that you hit do wrong? How were they at fault? |
There were three cars involved. The vehicle I hit, my vehicle and the shooting vehicle. The vehicle I hit was parked in a driveway. I understand that the vehicle I hit didn't do anything wrong, but I don't feel I did either.
| Quote: | | What have they said about their reasoning? |
They told me they don't believe the accident was caused by the shooting.
| Quote: | | What tickets (if any) did you get for the accident? Did you get a 'left/fled the scene of an accident' ticket? Your carrier may be looking at this as a hit and run...The poor guy you hit could certainly attest to the fact you returned to the scene promptly..or was it prompt? How long after the impact did you return? |
I didn't recieve any ticket at all by the police department. I returned to the scene shortly after the police arrived. The owner of the vehicle I hit was not present the night of the shooting.
| Quote: | | Did YOU call the police or someone else when this happened? |
A couple of the guys I was with called the police when they heard the shooting. I didn't know who the shooters were or get the vehicle they were in license plate #.
| Quote: | | I'm assuming your carrier has got all of that information from you and others that were involved. |
I gave the carrier all the information I had at the time and which was only the police report, I didnt get the report that showed the bullets removed from my vehicle til after my carrier put me at fault. My carrier didnt believe the bullet holes on the left side of my vehicle and the crash damage on the right side of my vehicle were connected.
| Quote: | | Well, first..have they already paid the guy you hit? How long ago did this accident happen? Is the guy you hit injured? Have you told the adjuster that you do not agree with their liability decision? And if so what was their response? |
Yes they have paid the guy I hit, and it was in august of 08. I never spoke to the adjuster just my carrier. No one was injured, the vehicle I hit was unoccupied.
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| Posted: Fri Jul 03, 2009 10:36 pm Post subject: |
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| Quote: | | Yes they have paid the guy I hit, and it was in august of 08 |
Well honey, I'm sorry but you'll never get this over turned now, nearly a year later and they've already paid and closed the claim...What made you question it just now?
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Lori
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| Posted: Sat Jul 04, 2009 12:07 am Post subject: |
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Never knew what actions to take, I have been trying to find out information on what actions to take.
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Jay
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| Posted: Sat Jul 04, 2009 6:16 am Post subject: |
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Well Jay, thanks for the updates, but as Lori has said its too late to do anything about the claim since your insurance company has already paid it out.
Anyway,
| Quote: | | They told me they don't believe the accident was caused by the shooting. |
And, why exactly so? What do they think about the bullet marks in the car? Haven't you told them about the police report on the shooting?
Have you been paid for your damages?
~Jeremy |
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JeremyHolter
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