by smonroe » Sat Aug 14, 2010 03:14 am
My son was in an accident in February on the interstate. The police came but left when both my son and the other driver agreed he wasnt needed.
We decided to be responsible for each others vehicles. My son did what he was suppose to do and gave his insurance card. The other driver gave his registration but not his insurance card. Next thing I Know I get a call from my insurance about the claim he filed. I called them and disputed and requested a claim through his insurance. They filed one and the companies decided each of us fix our own vehicle until arbitration. There was a witness that called about 10 minutes after the accident. His statements were contradictory and skeud. He spoke to the other driver prior to making his statement.
The insurance companies decided to cover each his own.
Now the other driver sent a letter to my son saying he was going to sue for $2000 plus court costs if I don't send $500 by Sept 1.
Can he sue after his insurance paid his claim?
My son is off to college now. Don't know if he can even show up for a court case. I do not think I should have to send him $500
He now says he has a police report. Can you get a report after the fact without the other driver knowing about it??
We decided to be responsible for each others vehicles. My son did what he was suppose to do and gave his insurance card. The other driver gave his registration but not his insurance card. Next thing I Know I get a call from my insurance about the claim he filed. I called them and disputed and requested a claim through his insurance. They filed one and the companies decided each of us fix our own vehicle until arbitration. There was a witness that called about 10 minutes after the accident. His statements were contradictory and skeud. He spoke to the other driver prior to making his statement.
The insurance companies decided to cover each his own.
Now the other driver sent a letter to my son saying he was going to sue for $2000 plus court costs if I don't send $500 by Sept 1.
Can he sue after his insurance paid his claim?
My son is off to college now. Don't know if he can even show up for a court case. I do not think I should have to send him $500
He now says he has a police report. Can you get a report after the fact without the other driver knowing about it??
Posted: Tue Aug 17, 2010 01:27 pm Post Subject:
in a pure comparative negligence state your son's policy would pay the other guy 60% of his damage, and your son would collect 40% of his damage from the other partys policy.
Lori, I have a question for you. Do the adjusters concerning each party actually get in touch with one another while settling claims in a pure comparative negligence state? How many such states are there in the U.S.?
Posted: Tue Aug 17, 2010 09:38 pm Post Subject:
. Do the adjusters concerning each party actually get in touch with one another while settling claims in a pure comparative negligence state? How many such states are there in the U.S.?
Sure they do, all the time! They will plead their case (facts of loss as they see them) to each other an attempt to come to some sort of agreement. Just like any negotiation, if I think my guy is really about 30% at fault, I'll start by asking for 100% or 90%, and so on. If no agreement can be reached between the two adjusters that's when Arb comes into play.Posted: Tue Aug 17, 2010 11:23 pm Post Subject: Insurance
The claim is going to arbitration Sept 21. The old guys insurance wasn't too happy about his threatning letter. My insurance got a copy too. I spoke to the arbitrator, he is putting together his case. It sounds like he he will put some effort into it.
Is Florida a 51/49 rule negligence state?
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