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Accident assistance
Posted on 2/20/19 at 11:21 am
Posted on 2/20/19 at 11:21 am
Had an accident about 6 months ago. Driver pulled out in front of me and I hit them. LSP deemed it their fault. No parties involved got medical treatment on scene. My vehicle was totaled.
Next day, I call their insurance company. Come to find out, dad & son have same name. Cop didn’t catch it and insurance company won’t pay my claim because the son was driver in the vehicle (dad wasn’t in vehicle)
Now, they are suing me for medical treatment days later they went to the hospital. They’re not going to win that suit, so I’m not worried about that.
What I am concerned with, is what can I do for compensation? Sue them for vehicle damages/diminished value? My insurance company paid out for a new vehicle for myself. The kid isn’t worth anything. Believe he is 20/21 and works at some fast food restaurant in NOLA.
Next day, I call their insurance company. Come to find out, dad & son have same name. Cop didn’t catch it and insurance company won’t pay my claim because the son was driver in the vehicle (dad wasn’t in vehicle)
Now, they are suing me for medical treatment days later they went to the hospital. They’re not going to win that suit, so I’m not worried about that.
What I am concerned with, is what can I do for compensation? Sue them for vehicle damages/diminished value? My insurance company paid out for a new vehicle for myself. The kid isn’t worth anything. Believe he is 20/21 and works at some fast food restaurant in NOLA.
Posted on 2/20/19 at 11:27 am to Skippy_
I have no advice, but this sounds like a nightmare.
Prayers sent
Prayers sent
Posted on 2/20/19 at 11:58 am to Skippy_
quote:
Sue them for vehicle damages/diminished value? My insurance company paid out for a new vehicle for myself.
Perhaps I’m not following you correctly, but if your insurance paid you for a new vehicle, then you are whole again.
Your insurance can sue them if they choose to recoup the cost, but that is on them, not you.
If your car was totaled, why are you thinking about diminished value? It’s totaled and you have been paid so your insurance co owns the car and if it has any value they will sell it to a scrap yard. But again, that’s on them, not you as you have already been made whole.
Posted on 2/20/19 at 12:15 pm to MikeBRLA
I see what you’re saying.
It just pisses me off that I’m being sued. I’m assuming it’s because I was in a brand new truck (didn’t even have it for 24 hours ) and the shite stain of a human thought he could get some $ out of me or my insurance company. It won’t happen but he had no insurance, car wasn’t registered in his name, I had to file a claim on my insurance, and this kid gets to walk free AND sue me? No. I want every cent from that McDonald’s paycheck.
Not that it’s a whole lot, but my insurance policy bumped up after this ~$200/6months
It just pisses me off that I’m being sued. I’m assuming it’s because I was in a brand new truck (didn’t even have it for 24 hours ) and the shite stain of a human thought he could get some $ out of me or my insurance company. It won’t happen but he had no insurance, car wasn’t registered in his name, I had to file a claim on my insurance, and this kid gets to walk free AND sue me? No. I want every cent from that McDonald’s paycheck.
Not that it’s a whole lot, but my insurance policy bumped up after this ~$200/6months
This post was edited on 2/20/19 at 12:17 pm
Posted on 2/20/19 at 12:25 pm to Skippy_
I'd just let it go, man. It's natural for you to be frustrated, but I have a hard time believing there are any options for you that will ultimately be worth the associated time/money spent.
Posted on 2/20/19 at 12:39 pm to Skippy_
quote:
It just pisses me off that I’m being sued.
My wife was visiting her sister in Pensacola. Some guy ran a stop sign (I think he was texting) and hit her. No question it was this guy's fault. He even received a ticket on the scene for running the stop sign.
He hires a billboard lawyer and sues my wife for being a "negligent driver" and sues me for "co-titling a vehicle with a known negligent driver". State Farm deals with all that but it is a total BS case that will easily be thrown out. The real shame is State Farm cuts this guy a check for like $5 or $10k to make it go away because it is cheaper than them fighting a winning case.
That whole deal made me leave State Farm. They represented us and the driver so they were on both sides of this transaction. My wife's Armada was totaled and they tried to play hard ball to make me take a lower amount. There was a real conflict of interest on that case and I bounced right after it was settled.
Posted on 2/20/19 at 12:43 pm to Skippy_
Shop your insurance.
Don't countersue or get emotional over this. It's a crap case filed by a crap attorney. There are crappy people, and they will do crappy things. It is a waste of your time and psychic energy to attempt to get anything from him.
Don't countersue or get emotional over this. It's a crap case filed by a crap attorney. There are crappy people, and they will do crappy things. It is a waste of your time and psychic energy to attempt to get anything from him.
Posted on 2/20/19 at 12:53 pm to Skippy_
If this is in Louisiana, I believe we have no pay / no play here. So he can sue you, but your insurer just has to show up and court and say "Kid didn't have insurance" and the judge says "goodbye" and your insurer won't have to pay him a cent. Won't settle either.
If you want to take out your frustration on someone, I'd go after the kid's attorney. let him/her know that you know this is a joke and that the kid was not only at fault, but also has no insurance. And let him/her know that if the attorney doesn't remove himself/herself from the lawsuit in 5 days, you are going to file a complaint with the attorney disciplinary board. they do investigate stuff like this.
Any chance the dad owned the car that hit you?
If you want to take out your frustration on someone, I'd go after the kid's attorney. let him/her know that you know this is a joke and that the kid was not only at fault, but also has no insurance. And let him/her know that if the attorney doesn't remove himself/herself from the lawsuit in 5 days, you are going to file a complaint with the attorney disciplinary board. they do investigate stuff like this.
Any chance the dad owned the car that hit you?
Posted on 2/20/19 at 1:39 pm to Skippy_
Sue him for loss of consortium due to ptsd from the accident. Juries will be sympathetic to that and you can clean this punk out.
Posted on 2/20/19 at 2:19 pm to Skippy_
congrats on your auto rates going up now for next 5 years.
Posted on 2/20/19 at 2:36 pm to LSUFanHouston
quote:
So he can sue you, but your insurer just has to show up and court and say "Kid didn't have insurance" and the judge says "goodbye" and your insurer won't have to pay him a cent. Won't settle either.
wrong. OP needs to consult an attorney
Posted on 2/20/19 at 2:38 pm to Motorboat
quote:
wrong. OP needs to consult an attorney
how is that wrong?
And I assume OP's insurance company has an attorney?
Posted on 2/20/19 at 5:41 pm to LSUFanHouston
If I am driving uninsured and an 18-wheeler rear ends me and I’m now a quadriplegic, I only lose out on the first $15,000 of any potential recovery.
This post was edited on 2/20/19 at 5:50 pm
Posted on 2/20/19 at 6:30 pm to boosiebadazz
quote:
If I am driving uninsured and an 18-wheeler rear ends me and I’m now a quadriplegic, I only lose out on the first $15,000 of any potential recovery.
So I guess the question is, how much is this lawsuit for?
Posted on 2/20/19 at 7:56 pm to Skippy_
quote:Was the son an excluded driver? Insurance follows the vehicle, so if I loan my truck out to a friend and they cause a wreck while driving then my insurance would cover liability for injuries or property damage to the other party even though I wasnt in the truck. Only way I can see their insurance denying the claim was if the dad had excluded the son as a driver bc of his driving record.
Next day, I call their insurance company. Come to find out, dad & son have same name. Cop didn’t catch it and insurance company won’t pay my claim because the son was driver in the vehicle (dad wasn’t in vehicle)
But unless you have injuries then I wouldnt worry about suing them. Let your insuance company handle it. If your insurer thinks they can recoup money, they will subrogate against the other party. If they recoup their money, you get your deductible refunded back
Posted on 2/20/19 at 7:58 pm to LSUFanHouston
If there is no shared fault and he was deemed to be a 100% at fault then his lawyer is a fool to waste his time on this. Like others have said if no coverage then he has a 15K deductible as a penalty. I'd let the insurance carrier handle the details and move along.
Posted on 2/20/19 at 8:20 pm to Tiger Prawn
What Tiger Prawn said is correct. It’s likely the kid didn’t have insurance because he didn’t pay his premiums.
Also. Louisiana is no pay no play. One of the few things the states gets right. If he isn’t insured he loses out on any compensation up to state minumiums. Which is 15k per person injury and 25k in property damage.
Also. Louisiana is no pay no play. One of the few things the states gets right. If he isn’t insured he loses out on any compensation up to state minumiums. Which is 15k per person injury and 25k in property damage.
This post was edited on 2/20/19 at 8:21 pm
Posted on 2/20/19 at 8:26 pm to LSUFanHouston
Yeah the attorney who filed the suit is some washed up law dude who works out of home I Believe. When I pulled the address up, it came back to some home in New Orleans.
Dad owned the vehicle. Don’t believe his son was an included driver on his insurance.
Dad owned the vehicle. Don’t believe his son was an included driver on his insurance.
Posted on 2/20/19 at 8:28 pm to Skippy_
It doesn’t matter if he is “included”. The insurance goes with the vehicle and there is coverage unless he is specifically “excluded”
Posted on 2/20/19 at 8:33 pm to HarveyBanger
So I was lied to? Insurance company told me they wouldn’t pay/settle whatever you want to call it because the kid didn’t have insurance and it was dads vehicle
This post was edited on 2/20/19 at 8:34 pm
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