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sjhockeyfan | Please help! car insurance only covering 15% of accident?? |
My best friend got in a car accident because some kid made an unsafe lane change into her lane, the car was about to hit her, and she reacted by swerving out of the lane, which caused her to lose control and run into a median. Witnesses who stopped, saw the whole thing and gave their details to the cops. The cops filed the report claiming that the kid was at fault because he made an unsafe lane change. My friend sent that to his insurance, and they say they are only going to cover 15% of the cost, and she is lucky she is even getting that because his car didnt make contact. he is rude, oh and he works for state farm in case you are interested. since this kid is at fault, isnt she intitled to the full coverage? Please help! I know she should get it, but legally is what he is doing justified? |
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Gerry D
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SJ Hockey Fan,
(I am rooting for the Ducks tonight). But on to your question. I think that there is no easy answer here. Your friend will likely have to hire an attorney (I sense this is not what you want to hear). However, the kid in the other car IS responsible but also knows the ins and outs of the Insurance industry - leverage is required on your friends side of this. With the police report (full document to include copies of witness statements) your friend should at least seek a consultation. The consultation fees are normally around $75.00 for 30 minutes (for a lawyer that is going to be worth a damn). The insurance company is going to have to be played with in a "hardball" fashion. No Miss or Mr. Niceguy when speaking with them. Firmness required in a professional manner, when this is then settled later (after a long fight) then your friend can change insurance companies. Insurance companies make money off of people who do not challenge them. If she was fully covered and the accident not his/her fault - then your friend should be covered without question.
Best of luck! |
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acermill
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Yes, they can do that. The insured's car never touched your friend's car. The fact that your friend swerved and lost control indicates that she is partly at fault here. |
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mbrcatz
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Well, unfortunately for your friend, the police do NOT determine fault. With NO contact from the other car, the kid is NOT 100% at fault for the accident.
If she doesn't want to accept the 15% liability offer, she'll have to take him to court - and odds are, she'll lose.
Have her file the claim with HER insurance company, and let them subrogate if they can.
YES, it's legally justified. She swerved too far. There was no contact. She just THOUGHT there would be contact. I would be VERY surprised if he ended up paying 100%. Or even 50%. |
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la428282
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Honestly.... Your friend was atleast partially at fault here. You cant cause one accident to avoid another- she likely overreacted.
If she doesnt have collision policy- theres really no choice but to accept the offer.
Sure, you could try to file a claim against the kid in small claims court.. but you can guarantee his insurance will get him good lawyers.
And dont bother getting an attorney here... they arent gonna bully the insurance company into anything. insurance isnt afraid of lawyers. |
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down south
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she would need to sue him for damages after getting an estimate on fixing the car. if he had hit her, he would be lible for all immediately. |
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