by Guest » Tue Oct 09, 2007 04:43 am
Hi, I'm really hoping someone can give me some guidance. I'm desperate! Here's the story:
My little brother (18 yrs old) borrowed our car, with permission. He was in a very minor accident - no damage to our car and some paint scratches on the other. The people he ran into (they were stopped at a red light and he misjudged his stopping distance) immediately got out of their car and were belligerent. They said that the same thing had happened to them recently and the other driver gave them false information, and that they weren't going through that again, so they called the police. The police arrived, filed a non reportable accident report, issued my brother a citation and went on his way. The other driver would not give my brother his phone number, only his insurance information. So, we were unable to call them and ask that we just pay for the damage to their car. Today, our insurance adjuster contacted us about the accident - they apparently reported it immediately upon getting home and they're claiming "residual bodily injury." My brother and his friend said that everyone was fine at the accident scene, no one mentioned any pain or injury to him at all. He also said that while talking to the police my brother overhead them saying, "he was flying" and "my daughter had her laptop on her lap and it flew"....
I have a sinking feeling that these people are just trying to milk the situation for all it's worth - especially since they got scammed in their last accident.
Is it possible for them to claim bodily injury after a non-reportable accident report is filed? How do we handle the fact that there was no damage to our car and very little to theirs (we have pictures of what we think is damage my brother caused), but they're acting like he plowed into them at 50 miles an hour?
I need to know the best way to convey all of this to our insurance adjuster as well. Are there things that I should definitely say or not say?
Thank you so much for any insight you are able to provide.
My little brother (18 yrs old) borrowed our car, with permission. He was in a very minor accident - no damage to our car and some paint scratches on the other. The people he ran into (they were stopped at a red light and he misjudged his stopping distance) immediately got out of their car and were belligerent. They said that the same thing had happened to them recently and the other driver gave them false information, and that they weren't going through that again, so they called the police. The police arrived, filed a non reportable accident report, issued my brother a citation and went on his way. The other driver would not give my brother his phone number, only his insurance information. So, we were unable to call them and ask that we just pay for the damage to their car. Today, our insurance adjuster contacted us about the accident - they apparently reported it immediately upon getting home and they're claiming "residual bodily injury." My brother and his friend said that everyone was fine at the accident scene, no one mentioned any pain or injury to him at all. He also said that while talking to the police my brother overhead them saying, "he was flying" and "my daughter had her laptop on her lap and it flew"....
I have a sinking feeling that these people are just trying to milk the situation for all it's worth - especially since they got scammed in their last accident.
Is it possible for them to claim bodily injury after a non-reportable accident report is filed? How do we handle the fact that there was no damage to our car and very little to theirs (we have pictures of what we think is damage my brother caused), but they're acting like he plowed into them at 50 miles an hour?
I need to know the best way to convey all of this to our insurance adjuster as well. Are there things that I should definitely say or not say?
Thank you so much for any insight you are able to provide.
Posted: Thu Oct 11, 2007 03:12 am Post Subject: followup
Thanks again everyone. I'm in pennsylvania, if that helps anyone.
I'm not denying that my brother was at fault. It's hard to miss the fact that he ran into them. I'm just saying that this non reportable accident was a very minor one.
Things are slowly evolving in the claim. They opted to have their entire bumper replaced (?!)and to get a rental car for two days, so there's a bunch of money already....and the woman is still claiming neck pain and has a doctors appointment next monday...I would think that if she was in such pain, she'd get to the doctor before next monday, but that's just me.
I feel like this whole thing is blown out of proportion and I really just feel like our insurance company will do anything to check this off their list -- even if it means throwing a bunch of money at these people. So frustrating.
Does anyone have any idea how insurance companies determine their rates after a minor accident like these?
Posted: Thu Oct 11, 2007 10:14 am Post Subject:
Good morning dee!
Wait a second here,
They opted to have their entire bumper replaced (?!)and to get a rental car for two days, so there's a bunch of money already....
The 'they' you refer to is either your insurance adjuster or the shop that your company accepted the estimate from, so there was more damage than orginally thought. If you could let me know the year/make/model of their vehicle I could better understand the scope of damage. Dee there had to be more than just 'paint transfer' on this cover I promise you no insurance company is going to replace it if it were repairable. Is it ONLY the bumper cover being replaced? They are owed a rental vehicle while theirs is 'out of commission' or under repair/in the shop. Surely you agree with that.?I know it's frustrating to you. Did you ACTUALLY SEE the vehicle or just two dimensional pictures? I have to take on an average of oh, 300 or so pictures of damaged vehicles every day. And I can tell you that many many times this damage does just not show up in a two dimensional photo. I have seen deep dents that I just cannot get no matter how hard I try to transfer to the camera.
Is it AT ALL possible that your brother was going a little faster than he told you? Discount what his passenger said, you (nor the insurance company) should pay too much attention to that. All I want you to 'think' about is, it sounds like there was more damage to the other vehicle than you were led to believe.
As far as your rates are concerned, this is company and state specific, they cannot rate you up until the end of the policy period (in otherwords can't just increase your rates next month if policy doesn't renew for five more months, they have to wait until then). Some companies if you have a 'safe drivers discount' you will only lose that, (for the first accident), others are different, either call your agent, or you companies policy services dept. and ask them.
Good luck and if you want let me know yr/make/model (both vehicles) I work on cars all day, and pretty much know how much of an impact one can take from another.
Posted: Thu Oct 11, 2007 04:31 pm Post Subject:
Two vehicles: Hyundai Santa Fe 2000. Pontiac Grand Am 2000.
I have only seen the pictures that the insurance adjuster took of the bumper, and I realize that I'm no expert, but it really doesn't look like it's worth replacing the bumper to me. Maybe a new paint job. Plus, there is zero damage to our car. Zero. I do not believe that I'm trying to sugar coat anything that my brother did. I am concerned that we are being held responsible for damage caused by this other accident (read original post) that they were given false insurance information about. If I was sure that the bumper needed replaced and if I was sure that it was damage that he caused, I would be okay with the whole thing, but I'm not sure of either thing.
I guess that the bottom line is that I have no recourse in the whole thing anyway, correct? The insurance company will handle however they choose and I just have to go along with it?
Posted: Fri Oct 12, 2007 10:34 am Post Subject:
Oh De honey, I wasn't saying this,
I do not believe that I'm trying to sugar coat anything that my brother did
I don't think you are either, (sugar coating or playing down anything I really don't) just that you weren't there, and maybe brother wasn't 100% sure of how hard he bumped them. I've raised two teenagers and was the oldest sister (one eight years younger one ten) to two younger brothers. Nor am I saying your brother would lie to you, but again I've been there, and also 'done that', when I told my Dad (at 16) I bumped into someone, (almost exact same circumstances) with HIS truck, I didn't exactly 'bump' them, and really didn't know myself, as I was pretty busy messing with the '8 track' (I know I know WHAT is an 8 Track right? :wink: ) and waving and looking mighty cool driving! 8) at some friends near by. (lost the cool thing pretty quick let me tell you when I hit the guy in front of me! :shock: )Plus, there is zero damage to our car. Zero.
I believe you I really do, I've seen it hundreds of times, the strongest part of your vehicle (as far as reinforcement) hit the weakest part (rearend) of the other vehicle. It isn't uncommon for there to be little - no damage to your front and damage to their rear. You didn't say which is which. Which vehicle is yours?I am concerned that we are being held responsible for damage caused by this other accident (read original post) that they were given false insurance information about.
I did and this is how I responded to it;
They also 'tipped' their hand in going into this with your brother. Clearly some damage on their rear cover could be from that accident, and their claimed injury as well. Unless they can prove they had this 'other accident' repaired, (if same vehicle) so that is in YOUR favor. Another thing regarding any injury, it is never as 'expensive' to aggrivate a 'pre-existing' injury as it is to 'cause' the injury. Make sense? They've also tipped their hand again in that statement at the scene.
Did your adjuster check this out? Your adjuster has many many different ways to check this out, among them, the prior police report, their insurance company, where they said they had it repaired, the pictures (I'm sure they took) after the prior accident?
If I was sure that the bumper needed replaced and if I was sure that it was damage that he caused, I would be okay with the whole thing, but I'm not sure of either thing.
I understand, which vehicle was yours??????????? The ponitac? (I hope)..............
I guess that the bottom line is that I have no recourse in the whole thing anyway, correct? The insurance company will handle however they choose and I just have to go along with it?
No not necessarily correct, your company (adjuster) owe you an investigation. But you might need to insist upon it (and hope not too late). What about 'matching up the damage' like I said in a prior post? That will tell you for sure. You need to call the adjuster immediately and keep calling him (again if not too late) and tell him/her you want this prior loss investigated.....There are times (for instance) a vehicle has some prior gouges or scuffs on (let's say) a bumper cover, that would've easily repaired, then another loss/accident comes along, and that accident caused the cover to need to be replaced. You would owe replacement regardless of the prior, however, if your wreck also was repairable, then the owner of the vehicle would be required to pay (if they want it fixed, have also just 'painted over' that damage for those owners that do not want to pay the difference) for that portion of the 'related prior damage' (related in this tense means in the same area or on the same panel, not what we normally would use the word related for).The adjuster must've written the estimate, again, (especially with an injury looming) they wouldn't replace that cover if it didn't need one. (both from a cost stand point and to further prove the 'light' impact when injury settlement time comes). Now are there some adjusters that just 'pay it' to get it closed? Absolutely but these are sloppy, lazy adjusters, if you cannot get your adjuster to pay any creedence to your requests, ask for that adjusters supervisor.
I really do understand your concern and frustration. Here's one way you MIGHT find out about the prior damage. Did the claimants chose the shop where it is being repaired? Ask the shop if there was a prior (to this loss) estimate written on this vehicle. All shops have computerized estimating (and shop) systems and should be able to easily access this data, if not for you then for your adjuster.
Please understand I'm not 'against' you and understand, and certainly do not think you are 'sugar coating' what happened, I believe you, just wanted to see if there is any 'room' there for another opinion/scenrio?
Something else that just 'dawned' on me, if the occupants were 'injured' in this prior loss, they should've had an Uninsured Motorist claim (for their injuries) with their carrier........ And you can just about 'take it to the bank' if there was an Uninsured Motorist claim, that company took pictures of the vehicle. The would've had to prove (the owners) that an impact occured.
Please let us know how you come out with the adjuster, (and of course anything else we can assist with) let me know which vehicle is which I have a few thoughts on that (if you care to hear them), that may make a difference dependent upon which vehicle belongs to whom.
Posted: Mon Feb 27, 2012 04:49 am Post Subject: none reportable accident
Hi, Dee:
It happened to me with my neighbor.
At first she was nice, then she called said I hit her body of the card while she was the one hit me. Stick to your story, time frame and consistant is the key. The adjuster will come and check your car and yes they are professional they know by taking the picture and all. Well long story short, they found I was not guilty and didn't have to pay anything.
Regards,
V
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