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Ever been in an accident and had the other drivers insurance refuse to pay up?

Posted on 12/29/18 at 1:38 pm
Posted by BigOrangeBri
Nashville- 4th & 19
Member since Jul 2012
12279 posts
Posted on 12/29/18 at 1:38 pm
Some turd that couldn't speak English swerved into my wife's lane, knocked off her mirror and caused other minor damage. He probably wouldn't have stopped, but there was a cop behind them. Needless to say, he has crap liability insurance from the general and they are now trying to deny the claim.

Not sure what to do
Posted by broadhead
Member since Oct 2014
2104 posts
Posted on 12/29/18 at 1:40 pm to
Get Gordon. Get it done.
Posted by RummelTiger
Texas
Member since Aug 2004
89849 posts
Posted on 12/29/18 at 1:40 pm to
quote:

Not sure what to do


A) Call your insurance company and see if they can help.

B) Call an attorney and see if they can help.

C) Send an email to Shaq to see if he can help.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27066 posts
Posted on 12/29/18 at 1:40 pm to
quote:

Some turd that couldn't speak English swerved into my wife's lane, knocked off her mirror and caused other minor damage. He probably wouldn't have stopped, but there was a cop behind them. Needless to say, he has crap liability insurance from the general and they are now trying to deny the claim.

Not sure what to do


Call your insurance company and tell them. They literally have law firms on retainer to handle situations like this.
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
119119 posts
Posted on 12/29/18 at 1:40 pm to
Sue them
Posted by Shaun176
Baton Rouge
Member since Aug 2008
2465 posts
Posted on 12/29/18 at 1:42 pm to
File a claim with your insurance and ask them to go after his insurance.


Posted by BigOrangeBri
Nashville- 4th & 19
Member since Jul 2012
12279 posts
Posted on 12/29/18 at 1:42 pm to
quote:

Send an email to Shaq to see if he can help.



Lmfao
Posted by ldts
Member since Aug 2015
2677 posts
Posted on 12/29/18 at 1:43 pm to
One time, this woman ran a stop sign and I hit her. It was pretty cut and dry, her insurance company wanted to do ahead and settle. She held everything up, though, trying to say I was going so fast she couldn't see me. Got a lawyer, and he got it sorted pretty quickly.
Posted by BigOrangeBri
Nashville- 4th & 19
Member since Jul 2012
12279 posts
Posted on 12/29/18 at 1:44 pm to
quote:

Call your insurance company and tell them. They literally have law firms on retainer to handle situations like this.


That's kinda what I thought, because they obviously don't want to be the ones stuck paying the bill.
Posted by East Coast Band
Member since Nov 2010
62764 posts
Posted on 12/29/18 at 1:46 pm to
Filing with your insurance in hopes that they'll collect from their insurance, thus alleviating your responsibility is risky at best.
Probably will cost you in the long run.

To me, it always seems like it's best to not even have insurance, since you'll never have to worry about someone really going after you.

It sucks.
Posted by Cosmo
glassman's guest house
Member since Oct 2003
120260 posts
Posted on 12/29/18 at 1:47 pm to
You should consider yourself lucky they had insurance at all
Posted by cajunandy
New Orleans
Member since Nov 2015
671 posts
Posted on 12/29/18 at 1:49 pm to
refusal to pay a good faith claim in Louisiana can end very badly for the insurance company.

Bad faith refusal to pay claim

if the refusal is found to be arbitrary, capricious or without probable cause can result in penalties and attorney fees.
Posted by BigOrangeBri
Nashville- 4th & 19
Member since Jul 2012
12279 posts
Posted on 12/29/18 at 1:51 pm to
quote:

cajunandy


Thanks. I need to check the laws in Tennessee
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27066 posts
Posted on 12/29/18 at 1:51 pm to
quote:

if the refusal is found to be arbitrary, capricious or without probable cause can result in penalties and attorney fees


I would imagine that the other driver is claiming she she swerved into his lane, not vice versa.
Posted by BigOrangeBri
Nashville- 4th & 19
Member since Jul 2012
12279 posts
Posted on 12/29/18 at 1:52 pm to
quote:

would imagine that the other driver is claiming she she swerved into his lane, not vice versa.



The cop behind them saw what happened
Posted by papasmurf1269
Hells Pass
Member since Apr 2005
20894 posts
Posted on 12/29/18 at 1:54 pm to
Posted by TigersSEC2010
Warren, Michigan
Member since Jan 2010
37359 posts
Posted on 12/29/18 at 1:54 pm to
quote:

Some turd that couldn't speak English


I’m shocked he had any insurance at all.
Posted by cj35
Member since Jan 2014
6153 posts
Posted on 12/29/18 at 1:54 pm to
quote:

Call your insurance company and tell them. They literally have law firms on retainer to handle situations like this.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27066 posts
Posted on 12/29/18 at 1:56 pm to
quote:

The cop behind them saw what happened


I didn't say they would win at trial, but if their client is saying that your wife and the cop are either lying or wrong, their denial of the claim isn't in bad faith.
Posted by keakar
Member since Jan 2017
30001 posts
Posted on 12/29/18 at 1:57 pm to
its simple, your insurance covers you if theirs wont, that is what the uninsured motorist part of your policy is for.

step one is determine if they are refusing your claim or if they are refusing to cover the other guys claim because his negligence voids his policy coverage.

once you have that info go to your insurance with that info and file a claim against your policy on those grounds. your insurance company will do the rest because if they dont make them pay then your insurance is on the hook to pay for it.

he might be an illegal who has a false identity or something so it sounds like you are going to be fighting your own insurance company to cover this.

some people with minimum coverage sign away the uninsured motorist coverage to save extra money, but this type of situation is exactly why that coverage is so valuable
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