by Marshall28 » Thu Jan 03, 2008 02:57 am
I just want to say this is my first post and it is a messy situation so any advice would be much appreciated.
I was involved in a two car accident in May 2007. The driver of the other car had a stop sign and stopped quickly and preceded into the intersection as I was crossing the intersection, I had no stop sign. I hit her back passenger door. The police were contacted but did not come due to a high speed chase in the area. So there is no accident report. We exchanged information and she drove away and I had my car towed. Long story short my claim was denied by her insurance company. I have been making my monthly car payments on the car as it sits in a junkyard. Her insurance company is now taking me to arbitration court for damages to her car, now seven months later. I am now sitting here seven months later with a denied claim and still making payments, is my insurance company responsible for any of the damages. I did have full coverage and Minnesota it is no-fault state. I am just wondering what I can do....
Any advice or suggestions would be great!! I am just fed up with my insurance company and just want to resolve this.
I was involved in a two car accident in May 2007. The driver of the other car had a stop sign and stopped quickly and preceded into the intersection as I was crossing the intersection, I had no stop sign. I hit her back passenger door. The police were contacted but did not come due to a high speed chase in the area. So there is no accident report. We exchanged information and she drove away and I had my car towed. Long story short my claim was denied by her insurance company. I have been making my monthly car payments on the car as it sits in a junkyard. Her insurance company is now taking me to arbitration court for damages to her car, now seven months later. I am now sitting here seven months later with a denied claim and still making payments, is my insurance company responsible for any of the damages. I did have full coverage and Minnesota it is no-fault state. I am just wondering what I can do....
Any advice or suggestions would be great!! I am just fed up with my insurance company and just want to resolve this.
Posted: Thu Jan 03, 2008 07:24 am Post Subject:
Long story short my claim was denied by her insurance company.
Have they cited any proper reason for that?
Even though, no police report was filed, you had the fair opportunity to register the accident with the state DMV. With a written account of the accident it would have been easier for you to establish your claim.
Anyways, have you informed your carrier about the accident? What's their response?
am just fed up with my insurance company and just want to resolve this.
Please elaborate this sentence little more……….
Posted: Thu Jan 03, 2008 07:35 am Post Subject: lender of the last resort!
My friend, your insurer is responsible to cover for the damages caused by you to the other driver if you are the party at-fault and which seems to be the case here. So, its your liability that would be paying towards the damages of the other party & not the other way round.
I had no stop sign.
......... where as, the other driver had and you have accepted to have overlooked it then. So, you being the party at-fault can't expect anything from the other party's insurance.You'd surely need to pursue the case with your own insurer in order to get your coverage for your damages. In case it is not settled then I'm sure the DOI is your lender of the last resort.
Thanks, haywireplus
Posted: Thu Jan 03, 2008 08:52 am Post Subject:
The collision-n-comprehensive coverage of your policy will cover the damages happened to your vehicle and the liability coverage will cover the damages that occurred to the other driver. Therefore, if you have the collision coverage in your auto, file the claim with your insurer. It'll cover the damages irrespective of the fact ‘who was at-fault?'.
I have been making my monthly car payments on the car as it sits in a junkyard.
Apparently, a claim settlement mustn't take that long but may be your insurer is still investigating into the matter. The adjuster must be having a hard time in establishing your degree of involvement because there is no police report to consult.
Posted: Thu Jan 03, 2008 12:13 pm Post Subject:
What it sounds to me like is that both companies have denied each other...meaning your company has told their company you are not at fault and visa versa, thus arb. arb is only between insurance companies, and you won't have to do anything regarding this prep......this however has NO BEARING WHATSOEVER on you getting your car repaired/totaled if you have collision coverage in place at the time of the accident........why has your company not done something with your damage? What EXACTLY are they saying? Is it totaled? You (or they) will owe a huge storage bill if your vehicle continues to set at a tow lot! Please advise us what YOUR company is doing re: YOUR damages......
Unfortunately there are times when a liablity agreement cannot be reached, this appears to be one of them...judgeing from your short discription, of the accident, i would presume they are denying you based on their party having 'control' of the intersection (based on the point of impact).......
Please elaborate......
Posted: Thu Jan 03, 2008 05:23 pm Post Subject:
So i am finally getting some answers from the insurance company even though it is not good news. Basically when I switched to this insurance company I gave the the current insurance I had and they quoted me a lower price so I switched not really knowing they changed my full coverage to just liablity insurance( why they would do this I don't know since I have a loan on the car). Am I pretty much up a creek without a paddle? Unless I can prove the accident was the otherdrivers fault? Also there is dvd video of the acciednt since the intersection is know for accidents and a resident of the city records this on a daily basis.... Thanks again for your help.
Posted: Thu Jan 03, 2008 06:24 pm Post Subject:
I would say talk to a lawyer. I don't get what the others are saying .If you had no stop sign and the other car did a quick stop then drove into the intersection and hit you seems like they are at fault to me.
Posted: Fri Jan 04, 2008 11:55 am Post Subject:
so I switched not really knowing they changed my full coverage to just liablity insurance( why they would do this I don't know since I have a loan on the car).
I'll tell you why so their rates were lower and you would switch! However, buyer beware...so probably ulitmately your responsiblity to know what you are buying...how long ago was this? (that you switched)....Am I pretty much up a creek without a paddle? Unless I can prove the accident was the otherdrivers fault?
Yes, more than likley unfortunately......Also there is dvd video of the acciednt since the intersection is know for accidents and a resident of the city records this on a daily basis..
GET IT GET IT GET IT!!! THIS IS YOUR ONLY HOPE!! make sure the adjusters know about this and do what you have to do in order to get a copy of this......Thanks again for your help.
You are welcome from all of us...please do keep us updated...and feel free to ask anything else that may come up....good luck with the video! (i want to hear about that when you get it please! )Add your comment