by sener » Mon Oct 13, 2008 10:33 pm
Hi everyone,
I really need help with this..
My car was hit - very badly- as an accident happened right next to it about three weeks ago. I found my car with a police report on the door.
So I contacted the insurance companies of the two people who had the accident. (I only have liability) - Both companies sent people to look at my car, they said it was totaled. But after numerous phone calls, they both are now denying that their insurer has the fault in the accident - I mean, both say that the other party has the fault and that they won't pay me anyhting. I guess all I can do now is to sue them but I don't even know if I am supposed to sue the insurance companies or the people who had the accident.
Any help will be greatly appreciated.
I really need help with this..
My car was hit - very badly- as an accident happened right next to it about three weeks ago. I found my car with a police report on the door.
So I contacted the insurance companies of the two people who had the accident. (I only have liability) - Both companies sent people to look at my car, they said it was totaled. But after numerous phone calls, they both are now denying that their insurer has the fault in the accident - I mean, both say that the other party has the fault and that they won't pay me anyhting. I guess all I can do now is to sue them but I don't even know if I am supposed to sue the insurance companies or the people who had the accident.
Any help will be greatly appreciated.
Posted: Wed Oct 15, 2008 10:25 am Post Subject:
Any decision made by AFI about the case between the other two parties is not binding on the OP or really involves the OP in any way.
I disagree arb makes a definative liability decision...if vehicle #1 is found 100% at fault then they owe for the OP vehicle and couldn't get out of that payment if the arb decision is against them...granted it will take forever (as I said) to get this done...think arb files take what about six months at least?I don't think we mentioned (maybe someone did) OP you have to sue the drivers of the vehicles not the carriers....personally I think you should got straight to the dept of ins now and get a fire under their butts...
Posted: Wed Oct 15, 2008 01:26 pm Post Subject:
AFI decision are not binding to third parties. The only reason they are binding at all is that both/all parties signed a contract agreeing to it being binding. I'll give an example... if a respondent in their contentions places liability against a 3rd party that is not a member of arb then the Applicant can withdraw their filing and sue all parties... even those that are members of AFI. This is part of the Rules as any decision rendered by AFI does not apply to a non-member in any way.
Probably a better way of putting this is that AFI won't, can't make or tell a Respondent what they need to do with a 3rd non-member party. It's not withing the scope of what they do. I can't file against you and in order for AFI to tell you how to handle a claim with another non-member. I can only have them rule on a case between you and me. I have a claim right now where my insured hit 5 people. Most of their carriers are members of AFI. I offered 80% to all carriers. One filed with AFI and won 100%. I paid that carrier 100% but none of the other carriers (again, they are also members). I have no obligation to do that. They need to prove their own cases. If I don't need to pay other members of AFI, I certainly don't need to pay a non-member.
Cases usually take around 30 days to be heard by AFI once filed. Carrier has another 30 days to pay. But preparing and submitting might take a carrier 30-60 days so right there you might have a 4 month "delay" when you add it all up.
Posted: Wed Oct 15, 2008 09:10 pm Post Subject:
Well I agree with you that arb will not bind them to paying the third party...just that this loss, not your five car wreck...arb says car #1 is 100% at fault...do you think that carrier isn't going to have to pay for the OP's damage? do you think that her damage isn''t going to be see by the board? (police report if nothing else)...all I'm saying is I believe IN THIS ACCIDENT...the carriers will pay the OP what arb says (if the OP doesn't get it paid before)...
Posted: Wed Oct 15, 2008 10:44 pm Post Subject:
Whoa..4 months...6 months..How fair is this to the OP? So if this is a persons only form of transportation and they haven't the means to get another vehicle what are they suppose to do until all the arguing is over? Just doesn't seem fair to the innocent victim.
Posted: Thu Oct 16, 2008 03:28 am Post Subject:
Hi everyone.
So i followed your suggestions and called the dept. of insurance. They told me to sue the drivers in small claims court (like you guys said). They said that because it I am not the inured person with these companies the department of insurance cannot do much.
Anyway, it is good to hear that I don't need an attorney for small claims court and can get the court fees paid by them.
I received the letter from both companies, saying that they have no obligation to pay all the claims that are presented, and that their insured is not legally responsible for my damage. one says their insured did not contact my car, the other says their insured is not the proximate cause of of loss. To be honest, I am starting to think that maybe they'll get away with this. Here is my conversation with one of the insurance people: when he said they are denying the claim, I said "the other party is denying it too but one of you guys have to pay for my damage". and his reply to me was "not necessarily".
So i hope you guys are right and the court can solve this. I am really a victim in this case. Yes, the car is not worth much but I am a grad student and it's a lot to me.
Does anyone know if I can sue both drivers at once or does it have to be separate cases? I am thinking of finding the used value of the car from the internet and asking that to be paid. But what about my suffering for weeks, my cell phone minutes and the money that I pay train everyday?
I am not trying to turn this thing to my advantage but I am losing more than the car (more time and money) trying to get this thing resolved.
:(
Posted: Thu Oct 16, 2008 04:03 am Post Subject:
actually, here is another thing I really need help with.
the car is still sitting on the street (where it was parked) looking totaled and abandoned. Can someone suggest me what to do with it - can I get it towed somewhere that I won't need to pay, until the court thing is over? Like a body shop? or what else can I do? any suggestions?
many thanks in advance..
Posted: Thu Oct 16, 2008 11:05 am Post Subject:
It's not fair that's why many carriers will pay her under the 'innocent third party' theory and then go to arb collecting all the money back if they are found not at fault....I'm betting from the accident discription the one pulling out into traffic from a parked place will bear the majority of fault..if I were the OP I'd get this filed in small claims YESTERDAY.
Posted: Thu Oct 16, 2008 11:11 am Post Subject:
Sorry I posted the above before I realized there was another page on this post...
You can and should file suit against both drivers at the same time...take tons of photos of your vehicle where it sets...take photos from all four corners, the vin (make sure you can read it) the odometer all options etc....I doubt you can move it to a storage free facility...you can ask but I doubt it...if you want to post the year/make/mileage and ALL options I'll check the value for you...
Honey I know it sounds bad, but you won't get anything other than the value of your car...the sales tax and I'd ask for loss of use this entire time...
Posted: Thu Oct 16, 2008 06:46 pm Post Subject:
I am sorry to hear you are having so much hassle. Lori has given you the best advice available here in this situation. I hope you can get it all straightened up and soon. Is your own insurance compnay not helping you? I would assume they would in this matter. I am just registering a guess there.
Posted: Thu Oct 16, 2008 11:00 pm Post Subject:
FIRE, the OP does not have collision coverage.
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