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Questions About Auto Insurance & Accidents

4410 messages,  Last post on Nov 29, 2009 at 5:58 AM

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What is this discussion about? Buying Insurance


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#4134 of 4410
Re: Teenager with accident..should I file a claim [kyats] by euphonium
Nov 23, 2008 (4:56 pm)
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Replying to: kyats (Nov 23, 2008 5:37 am)

Old Farmers advice in Post 4132 is very good.
 
Minor fender benders when the adverse vehicle is vacant could be handled w/o the insurance company's involvement, but in this case, I'd turn it in.
#4135 of 4410
Re: help need help with auto accident [oldfarmer50] by jimmydc2
Nov 23, 2008 (6:34 pm)
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Replying to: oldfarmer50 (Nov 23, 2008 7:22 am)

first of all ...I just want to thank everyone for their advices..... well its come to this...the guy that i hit isn't planning on paying for my damages....my insurance is taking care of my damages and they're telling me that I might have to go to small-claims court.....because the other guy is suing me for damages to his car.....NOW here's my question....
 
1: I rear-ended him
2: he has no insurance when the accident occured
3: and I don't think he cares about his license being revoke because he's counter-suing me for harssment and damages to his car...
4: WILL I WIN THE CASE in court....?
 
---so far i have 3 people telling me that i will win in court due to the fact that he's automatically at fault because he was an un-insured motorist...and its illegal in the state of california.....BUT there's a guy on a different forum telling me that I will lose because being insured or uninsured doesn't matter..,because I caused the accident...I rear-ended him....and 99% of rear-ended collusion..the guy that hits you will lose in court...in court being insured and uninsured isn't relevent...the fact of the matter that this accident happened .was because i was following too close pretty much tail-gating and thats how i hit him....seems like he's lawyer..but who knows...any how......so now i'm kinda frustrated.....does anyone know a good lawyer or is there anyone a laywer on this forum who could give me some advices...?....please anything will help...thanks a bunch
#4136 of 4410
Re: help need help with auto accident [jimmydc2] by houdini1
Nov 23, 2008 (8:29 pm)
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Replying to: jimmydc2 (Nov 23, 2008 6:34 pm)

I am not an attorney but here are my thoughts:
 
First, he can't counter sue you unless you sue him first so I assume he is just threatening to c/s you because you probably said you would sue him. In his situation I think this is an empty threat to scare you off, else he would sue first.
 
If he does sue you, well, your insurer will have to pay. That's what insurance is for. Then I am certain your insurer would sic the authorities on him. I would relate all of this to him and give him one more chance to pay up. You have nothing to lose. Of course I could be wrong.
#4137 of 4410
Re: help need help with auto accident [jimmydc2] by mikefm58
Nov 24, 2008 (4:53 am)
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Replying to: jimmydc2 (Nov 23, 2008 6:34 pm)

Here's what I'd do if it were me. I'd put my damages on my ins. policy. You did rear end him, so the accident was your fault. Going after him in court just because he's not insured, in my opinion is not right, since after all you did rear end him.
 
I'd also tell him you're not paying for his damages. If he wants to take it public and sue you, then that's his option and he'll have to go in front of a judge admitting he's not insured. A judge will throw the book at him for that, so I seriously doubt he will pursue this. And he'll be dealing with your ins co, not you.
#4138 of 4410
Re: help need help with auto accident [mikefm58] by kyfdx HOST
Nov 24, 2008 (7:54 am)
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Replying to: mikefm58 (Nov 24, 2008 4:53 am)

This sounds like good advice..
 
I'm not a lawyer, but threatening to turn someone in, if they don't pay for an accident that wasn't their fault to begin with? That sounds like extortion..
#4139 of 4410
Re: help need help with auto accident [mikefm58] by Mr_Shiftright HOST
Nov 24, 2008 (8:35 am)
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Replying to: mikefm58 (Nov 24, 2008 4:53 am)

Anyone can sue anyone for anything in Small Claims Court. Often the "judge" isn't even a judge in Small Claims.
 
Just file a claim then to get your own car fixed under your comprehensive coverage and let your insurance company handle everything. They can figure out what they will or won't do for this guy.
 
The court system is not about justice or fairness, get that out of your head. It's about maneuvers, in my opinion. For him to sue you is a very bad maneuver, and for you to personally go after him is a futile exercise IMO.
 
Make a claim and forget about that deadbeat is my advice.
 
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#4140 of 4410
my thoughts... by the_big_al
Nov 24, 2008 (8:38 am)
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Irregardless of whether he was insured or not, you caused the accident. Not really a big deal, it wasn't a major one and accidents do happen. That is why you have insurance. Rather than try and get out of something that you should technically be responsible for, I would just let your insurance handle it. You hit him, caused a little damage and so now your insurance (what you pay them for) should take care of it....
#4141 of 4410
Re: help need help with auto accident [Mr_Shiftright] by oldfarmer50
Nov 24, 2008 (9:59 am)
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Replying to: Mr_Shiftright (Nov 24, 2008 8:35 am)

"...Make a claim and forget about that deadbeat is my advice..."
 
Good advice. I agree.
#4142 of 4410
Re: help need help with auto accident [mikefm58] by jimmydc2
Nov 24, 2008 (11:11 am)
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Replying to: mikefm58 (Nov 24, 2008 4:53 am)

once again thanks a bunch......pretty much i'm gonna report it to my insurance company and let them deal with it...if i do end up going to court then i guess i'll have too....thanks for all of your advices....i'll post up what happens in a few weeks
#4143 of 4410
Re: help need help with auto accident [jimmydc2] by fezo
Nov 24, 2008 (11:47 am)
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Replying to: jimmydc2 (Nov 24, 2008 11:11 am)

Best of luck. Will be interested in seeing how it plays out.

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