Perhaps google maps has been in the area and there is a Street View of the road.

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PostPosted: Sun May 11, 2008 2:44 am   Post subject:   

OP, if where the accident happen is level, go out and take a picture of the area. Hold the camera down low so it shows the grade of the road. Offer to send those photos to the adjuster to show that it's highly unlikely that you rolled backward. Perhaps google maps has been in the area and there is a Street View of the road. If the adjuster is any good, they should understand that rolling backward into someone almost never happens.



Also, if an attorney told you that you might not be able to collect on a small claims judgement, they need to go back to school! The contract between the other carrier and their insured states that they will pay when their insured is legally liable. A ruling in small claims against the other party would me they were "legally liable" (to pay as a result of property damage). If they did not then pay you and you pursued the other person directly for this legal collection, their insured could then file a bad faith claim against his/her own carrier (and should, if they did not pay).

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PostPosted: Sun May 11, 2008 3:51 am   Post subject: Too funny, but really sad.  

Your analysis and self righteous pontification is a prime example of why people need attorneys to help them settle their claims oftentimes. You think it's your job to protect the insurance company's gold from people you perceive don't deserve it, when in fact, that money is set aside to pay for losses that is owed to people with ligitimate claims. That money belongs to the people who rightfully are owed for losses and gambled they would never have to use it. It's not hitting the jack pot when you get paid for losses that leave permanent scars and death to loved ones.



I think you believe it is the insurance industry rather than lawyers that are caped crusaders swooping in to rescue victims with their contractual indemnification and to decide what is owed to injured people, including my 15 or more area Missouri and Oklathoma neighbors that were killed this evening in tornadoes and countless home owners and vehicle policy holders that will be trying to get a fair settlement on their damaged homes and cars and injured bodies. Just like Katrina, Just like Oklahoma, Just like Northridge. Your industry has earned some deserved black eyes the last few years.



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PostPosted: Sun May 11, 2008 2:33 pm   Post subject: Sanity makes a comeback.  

T, I don't think it's good to justify paying out as little as possible on claims, by saying that there are people out there trying to commit fraud. You only can control your actions. I think that it's ironic that you brought up advertising. We both know that claims practices are a far cry from the slogans insurers advertise. I think what bothers me the most is that the people calling the shots in these companies, don't have to look the consumers in the eyes.


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PostPosted: Sun May 11, 2008 3:33 pm   Post subject:   

Quote:
You think it's your job to protect the insurance company's gold from people you perceive don't deserve it, when in fact, that money is set aside to pay for losses that is owed to people with legitimate claims.
I'm pretty sure most every time I stated what should be paid is what is owed. This means no more... no less.



Again, I'll ask the same question (I'll make it simple this time)... what is a fair settlement on an injury claim? You keep saying that fair settlements should be offered... please give me an example of one of these "fair" offers. Truth is, you can't. It's nice to be able to _say_ that offers made by carriers are not fair... when you don't have to back it up in anyway.
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PostPosted: Sun May 11, 2008 3:37 pm   Post subject:   

Quote:
T, I don't think it's good to justify paying out as little as possible on claims, by saying that there are people out there trying to commit fraud.
I never said that but those two statements were mentioned closely together so I can understand how it could be taken that way. One statement was to show that settling an injury claim is a adversarial situation by nature. The other was to show that _all_ claimants are not pure saints as some would have people believe.



I agree... almost all commercials are simply propaganda. I place no weight on any of them other then for entertainment purposes.
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PostPosted: Sun May 11, 2008 4:42 pm   Post subject:   

Fair is a reasonable amount to take care of all immediate expenses and unforseen expenses related to the accident or injury that you could reasonbly predict one will incur and to do so in a manner that will make them whole as they were prior to the loss.



There is an old adage that applies, " Do not take monetary advice from the very people who owe you money"



Let's say you are a reasonable person ( I believe you most likely are) but you have to answer to your employer who has ultimate control of the amount the check is written for. I also believe that there are attorneys driven by moral principles. I also believe there are adjusters that attempt to be driven by a moral compass but may be influenced by a higher authority. That being said let's agree that you are a trained and skilled negotiater and you come to the bargaining table with years of experience and skill developed to settle the claim for what you say is as little as possible for it is your duty to so, as you say.



Do you feel it is not fair that the unskilled, the uneducated, the illiterate, the minority, the old, the untrained person come to the table without representation or someone who is their advocate? One company advocated that they could do both for the insurer and the claimant. They advertised that you won't need to hire representation that they would treat you fair. It was determined that they could not and ordered to cease and desist from saying so.



I do not feel all attorneys are driven by greed, I feel a great many of them are driven by a moral compass as are you and others here.



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PostPosted: Mon May 12, 2008 2:17 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.

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PostPosted: Wed Jun 04, 2008 3:48 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! Very Happy


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PostPosted: Wed Jun 04, 2008 5:58 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.

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PostPosted: Wed Jun 04, 2008 11:01 am   Post subject:   

Quote:
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..


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PostPosted: 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.

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PostPosted: Thu Jun 05, 2008 3:26 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.


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PostPosted: 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 ...

Quote:
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.... Rolling Eyes
Quote:
I've never seen anything like this in my life.
Neither have I !
Quote:
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.....



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PostPosted: 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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