by Guest » Thu May 08, 2008 04:30 am
I was involved in a rear end accident last November. I was stopped at a red light and had my blinker on to make a left hand turn. While setting there I was rear ended. My sister was in the car with me and she started complaining about her back and leg hurting (she had back problems before accident). The girl that hit me got out of her car and came up to mine and asked if we were Ok and asked if I would move my car because we were blocking traffic. I told her I wanted to call the police first, which I did and told them about the traffic and being out in the intersection. The dispatcher advised me to move my car to the nearest shoulder. Since I had my blinker on to turn left, I turned and parked in a parking area. The police came and took statements.
My sister went by ambulance to the hospital. I decided to get out of my car after my sister was in the ambulance to inspect the damages to my car, surprised damages was not that bad because I thought the impact was pretty hard. Went back to the girl that hit me to exchange insurance information and the officer taking the report asked for me to return to my vehicle that she would supply with the insurance information. The paint on my car was scratched in some areas and my license plate light was broken and there was a few small buckles on both ends under my tail lights (damage was estimated at $850). No damage was done to her vehicle because she had metal bars on the front. She was driving an SUV, I was driving a little sports car.
After the accident I went to hospital to check on my sister and they just said she was going to be sore for awhile. They took xrays and gave her prescriptions for pain pills. While I was waiting for her I got a real bad headache and my neck and right shoulder started to bother me. I went on ahead and took her home and I went home and took some advil, but the pain just got worse, so I ended up going to the hospital and was told it was from the accident. They took xrays, put a neck brace on me and told me to wear it for a week (plus prescription). What an ordeal!
I called my insurance company and than I called her insurance company to file a claim since she rear ended me. Found out the officer that took our statements gave me the wrong policy number and insurance agent for her. Anyway, I got the correct insurance info from the officer and called them to file a claim. Waited and waited to hear something back. When I would call to find out about the claim they just kept giving me the run around saying they couldn't get a hold of the other driver. Then one day at work they call and tell me that they are not going to pay the claim, becauce the accident was my fault. The girl said my car stalled and rolled back and hit hers. My car is a standard, but that is not happened. I was just setting at a stop light waiting to make a left hand turn.
BUT HERE IS THE KICKER!, the officer that took the report believed her over me and made it out to be my fault, but in the officer's report she didn't include that the vehicles had been moved, she didn't get a statement from my sister and she didn't note that where the accident happened the road was flat and sloped downward. I called the Police station and talked to the supervisor of the officer and was able to get an amended report stating the vehicles had been moved, my sister's statement (which was the same as mine) and the officer said she wasn't sure who was at fault because both vehicles had been moved after the accident. Still her insurance company refused to pay for the damages to my car.
Anyway here is where I'm at and sorry to make this so long. Her insurance company refused to pay. My insurance company believes it was not my fault, but my deductible is $1000. Damages to car $850. They talked about subrogation of claims here, but since the damages were below the deductible they couldn't do claims subrogation. So, I thought about small claims court and checked into it. Small fee and found out even if I won I would probably have to hire an attorney to have her wages garnished to get my car fixed. That would be more of an expense. So, I dropped it and just wished hurful, hateful thoughts that something bad would happen to the girl that hit me, that lied and got away with it.
NEWS! Today I receive a call from my insurance company wanting to get a statement from me about the accident because they want to go after her insurance company and get the money back on what they paid on the medical bills. Kansas is no fault state. Right!? Can my insurance company do this if they can't go for a subrogated claim ? Never heard of this before. Please advice me on this. Sorry so long, but I hope someone can help me.
My sister went by ambulance to the hospital. I decided to get out of my car after my sister was in the ambulance to inspect the damages to my car, surprised damages was not that bad because I thought the impact was pretty hard. Went back to the girl that hit me to exchange insurance information and the officer taking the report asked for me to return to my vehicle that she would supply with the insurance information. The paint on my car was scratched in some areas and my license plate light was broken and there was a few small buckles on both ends under my tail lights (damage was estimated at $850). No damage was done to her vehicle because she had metal bars on the front. She was driving an SUV, I was driving a little sports car.
After the accident I went to hospital to check on my sister and they just said she was going to be sore for awhile. They took xrays and gave her prescriptions for pain pills. While I was waiting for her I got a real bad headache and my neck and right shoulder started to bother me. I went on ahead and took her home and I went home and took some advil, but the pain just got worse, so I ended up going to the hospital and was told it was from the accident. They took xrays, put a neck brace on me and told me to wear it for a week (plus prescription). What an ordeal!
I called my insurance company and than I called her insurance company to file a claim since she rear ended me. Found out the officer that took our statements gave me the wrong policy number and insurance agent for her. Anyway, I got the correct insurance info from the officer and called them to file a claim. Waited and waited to hear something back. When I would call to find out about the claim they just kept giving me the run around saying they couldn't get a hold of the other driver. Then one day at work they call and tell me that they are not going to pay the claim, becauce the accident was my fault. The girl said my car stalled and rolled back and hit hers. My car is a standard, but that is not happened. I was just setting at a stop light waiting to make a left hand turn.
BUT HERE IS THE KICKER!, the officer that took the report believed her over me and made it out to be my fault, but in the officer's report she didn't include that the vehicles had been moved, she didn't get a statement from my sister and she didn't note that where the accident happened the road was flat and sloped downward. I called the Police station and talked to the supervisor of the officer and was able to get an amended report stating the vehicles had been moved, my sister's statement (which was the same as mine) and the officer said she wasn't sure who was at fault because both vehicles had been moved after the accident. Still her insurance company refused to pay for the damages to my car.
Anyway here is where I'm at and sorry to make this so long. Her insurance company refused to pay. My insurance company believes it was not my fault, but my deductible is $1000. Damages to car $850. They talked about subrogation of claims here, but since the damages were below the deductible they couldn't do claims subrogation. So, I thought about small claims court and checked into it. Small fee and found out even if I won I would probably have to hire an attorney to have her wages garnished to get my car fixed. That would be more of an expense. So, I dropped it and just wished hurful, hateful thoughts that something bad would happen to the girl that hit me, that lied and got away with it.
NEWS! Today I receive a call from my insurance company wanting to get a statement from me about the accident because they want to go after her insurance company and get the money back on what they paid on the medical bills. Kansas is no fault state. Right!? Can my insurance company do this if they can't go for a subrogated claim ? Never heard of this before. Please advice me on this. Sorry so long, but I hope someone can help me.
Posted: Mon May 12, 2008 02:17 am Post Subject: insurance
Of course, people DO have options ( to go to Small Claims, etc). So.you would have to spend ALL of this money, out of YOUR pocket, JUST to make sure someone is listening to you ( I don't blame you. People often have 'deaf ears.') and you STILL not sure if the other person's insurance will fix the damage. I don't see what kind of 'fault' you could have had, BUDDY, if the OTHER person 'rear-ended' you.
Posted: Wed Jun 04, 2008 03:48 am Post Subject:
Talked to my insurance company today. Was told my file shows the claim is in recovery expense as of May 20. The other driver's insurance company is still denying the claim. Was told the next step is arbatration and if that fails, then it will go to mediation (if my insurance decides to take it that far). Can anyone tell me more about arbatration and mediation process? Thank you for your time and help! :D
Posted: Wed Jun 04, 2008 05:58 am Post Subject:
Most like it's Inter-Company Arbitration. If that is the case, the arbitration is binding. That is nothing after that is possible.
Posted: Wed Jun 04, 2008 11:01 am Post Subject:
Was told the next step is arbatration and if that fails, then it will go to mediation (if my insurance decides to take it that far). Can anyone tell me more about arbatration and mediation process? Thank you for your time and help!
I think you have this backwards...should be mediation first (which is NOT generally binding) then arbitration who's decision IS binding...So more than likely they may try mediation first (which I personally don't understand), then if an agreement cannot be reached they will go to arb. which is binding...once that decision has been made...it's over (as tcope said)...
Arbitration is when both companies present their 'files' (the adjusters are not there...) to the arb. board...they will review all the facts and render their decision based on the information in the claim (if you have a good adjuster you're ahead of the game)...then that's it...the companies pay (or don't pay, or pay the percentage) based on the decision of the arb board...This can take (from the date of filing) several months..
Posted: Wed Jun 04, 2008 10:20 pm Post Subject:
Arbitration sounds like a pretty fair process. The amount of time could easily leave someone put out (finacially) for a while. I'm sure glad this isn't my chosen profession..it all sounds vveerryy com plicated.
Posted: Thu Jun 05, 2008 03:26 am Post Subject: Sitting at a red light and getting whacked by an SUV
Two years ago, I was at a stoplight of an intersection. Without warning, because as it turns out, the kid who rear ended me was digging around in his floor board for a cd - - a 17 year old male driver smacked me from behind doing 40 MPH, downhill, on a curve on wet pavement.
The only skid marks on the road were mine after my Honda Accord was pitched 30 feet forward before my brakes dug into the pavement. I ended up stopping my vehicle and his enough to avoid being hit by a semi truck coming across the intersection. He never engaged his brakes.
The laugh of all laughs, insuranceThe KIDS Insurance co, tried to blame me for putting on my brakes and injuring my right foot on the antilock braking system. They blamed me for my tearing up my cartledge in my left knee which was extended on the clutch at the time. It is also apparently my fault that I heaven forbid, TENSED up after the rear end of my vehicle exploded.
It's my fault that the car was packed for a cross country military move. My fault a box from the back seat knocked out a tooth. My fault my shouldedr bruised and frozen from seat belt injury now has arthritis, my fault I have nerve damage in my arm and into my wrist.
Heck, it's even my fault I didn't see the kid coming....gee whiz golly, why would I ever think a driver wouldn't see NOT ONE but THREE traffic signals all with blazing RED FREAKING lights and not know it was time to stop their vehicle....
Unless, it's also my fault the kid was digging around in his floorboard. The kid got a ticket for failure to heed traffic and wreckless driving. ON the written statement the kid said he hit me cause? HE wasn't paying 'attention.'
His insurance company wants to buy me off with 1500.00 for my inconvenience while they pay my medical bills to date ofr 10k.
They call a ruined shoulder an inconvenience???
My deal to settle this claim for 1.00 would be to put that kid who hit me in my Honda Accord (he totaled my car by the way) and let me drive an SUV just like his, souped up with big old tires, put his hind end at that traffic light and let ME rear end him going 40 MPH....and see if he walks away from a wreck like that scott free.
I'm so sick of adjusters, pain, not sleeping, not being able to do things I used to do, living on lyrica and cymbalta for nerve pain, sick of not being able to take pain meds due to allergies to them which shut down my lungs, I could scream.
I'm lawyering up and claiming bad faith on this insurance company...as if my sitting at a red light waiting on it to turn green some how contributed to this accident? hahahaha....what it did do was save that stupid teenager's life as he would have run his truck straight under the middle of a transfer truck had I not been there to 'block' him.
Insurance adjusters have a nasty business, and I tell you, it seems to attract nasty people who like to be combative and insulting. I've never seen anything like this in my life.
Idiots, all of them.
Posted: Thu Jun 05, 2008 10:12 am Post Subject:
If what you have stated here is true...the adjuster/company has actually said all these things are your fault etc...You''re correct this adjuster is an idiot, and I don't blame you a bit for hiring an attorney....I must however take exception with ...
Insurance adjusters have a nasty business, and I tell you, it seems to attract nasty people who like to be combative and insulting.
I assure you, most adjusters are not natsy people and they do not like to be combative or insulting...again, from what you've said you've ran into one, and I'm sorry for anyone having to deal with such a jerk.....I'd file a complaint with your states Dept of Ins. and get an attorney, but really it doesn't mean that all adjusters are nasty people...that enjoy being insulting and combative, that's just not true...nor is it of the adjusters I know...like any job (your's included) there are good ones and bad ones...and everyone knows a jerk, doesn't make them all or even the majority that way.... :roll:I've never seen anything like this in my life.
Neither have I !Idiots, all of them.
Not true, and really rarely is the word ''all'' ever correct...certainly not when talking about thousands of people...again sorry you're having such a terrible time, and again you certainly have a right to be upset, but come on, you know it's not true that all are that way....._________________
Posted: Sun Aug 28, 2011 11:10 am Post Subject: Pharmacy Rocks! I mean it!
Really interesting blog, keep up the good work!
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