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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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#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.
 
Visiting Host
#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.
#4144 of 4410
Re: help need help with auto accident [jimmydc2] by lilyowen
Nov 28, 2008 (9:11 am)
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Replying to: jimmydc2 (Nov 20, 2008 11:16 pm)

I know I'm late in the game, but I'd like to put my C-note on your carrier paying for the damages to the other party, and you hearing nothing more of this.
 
Now, there are states that have enacted "pay to play" laws that would in some twisted reality make you not liable for rear-ending another party when they have no insurance; however, even these laws do not make the uninsured party liable, they simply prohibit them from collecting from the negligent party (in this case: you).
 
I'm all for people having insurance ... in fact, I'm all for impounding vehicles of people that do not have insurance. But the simple lack of insurance has no bearing whatsoever on your negligence while following too closely. My money is on your carrier paying and you getting dinged with an at fault accident.
#4145 of 4410
If I have the facts by marsha7
Nov 28, 2008 (2:02 pm)
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straight, a poster (Driver #1) rear-ended another driver (Driver #2), and the rear-ended driver (Driver #2) was uninsured...so, Driver #1 thinks they are not at fault because the driver they struck had no insurance???...if my facts are correct, the post is beyond ridiculous...unless they cut you off, rearending someone will virtually ALWAYS place you at fault for causing the wreck, plain and simple...
 
What usually happens, here in GA anyway, is that Driver #2 is also cited for failure to have insurance, which carries a fine here of $200-$1000...but that in no way changes fault in the wreck...
 
That uninsured driver has every right to have their car fixed by the poster's insurance, and collect damages for any injuries suffered...
 
In fact, aside from being cited for no insurance, the entire process should proceed as tho nobody knew they were uninsured...just because I have no insurance takes away NONE of my rights if you rear-end me...I have simply committed an infraction that causes me to pay a fine, but my rights against your negligence are unchanged, and, regardless of my insurance or not, you ARE at fault for my damages...
 
Now, if I had struck you, everything would change, but that is not the the situation, if I understand correctly...
 
I am amused at what folks will do to relieve themselves of their own carelessness...
#4146 of 4410
Re: If I have the facts [marsha7] by houdini1
Nov 30, 2008 (11:25 am)
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Replying to: marsha7 (Nov 28, 2008 2:02 pm)

I agree with everything you say...if those were the facts and the intent. But as I recall, the person who was rear ended had no injuries and no damage to his car so I don't think our original poster was trying to shirk his responsibility. He was merely trying to figure out how to get his own damage repaired in the least costly manner. At least that was my understanding.
 
#4147 of 4410
Re: If I have the facts [marsha7] by paisan
Nov 30, 2008 (6:21 pm)
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Replying to: marsha7 (Nov 28, 2008 2:02 pm)

In some states no insurance or dwi or a few other offenses actually does make that person wrong, no matter ho would be in the wrong if they were not committing such infactions.
 
-mike
Subaru Guru and Track Instructor

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