FA+
Shop
gonna have to fight?
14 years ago
Commissions are currently OPEN! See below for more information.
Don't wait for the queue to shrink—the commission docket is rarely empty.Insurance just got back to Cory -- they denied the claim on the accident.
The other guy apparently didn't have a license -- either not at all, or didn't have it on him, we weren't clear on that. So naturally his insurance is like "um, our liability doesn't cover it if the douchebag driving the car isn't supposed to be driving". So they are saying we get nothing. They are aware it was 100% his fault. They're saying they don't have to pay up because he wasn't supposed to be driving.
Of course. You didn't have to be a psychic to see that coming.
So we're carless, and the guy clearly doesn't have any money either, and it's harder to wring money out of folks in Texas than it is in other states (we're tough about garnishing wages and the like, the only thing we're tough on is child support)... so...
1. we may have to drag my Dad's insurance into this, which we didn't want to do.
2. we may just have to take our chances in small claims court.
This is all very stressful and scary.
Edit: The current plan is to have a friend-of-a-friend, who is a lawyer and kindly volunteered, send a helpful nudge letter to the insurance company. Sometimes all it takes is a letter, he says. Failing that, thanks to recommendations in this thread, we will go to the State Insurance board. And failing that, god forbid, we'll ask Dad's insurance to go to bat for us... and for god's sake, if that fails, we go to small claims court.
I hope the letter works.
The other guy apparently didn't have a license -- either not at all, or didn't have it on him, we weren't clear on that. So naturally his insurance is like "um, our liability doesn't cover it if the douchebag driving the car isn't supposed to be driving". So they are saying we get nothing. They are aware it was 100% his fault. They're saying they don't have to pay up because he wasn't supposed to be driving.
Of course. You didn't have to be a psychic to see that coming.
So we're carless, and the guy clearly doesn't have any money either, and it's harder to wring money out of folks in Texas than it is in other states (we're tough about garnishing wages and the like, the only thing we're tough on is child support)... so...
1. we may have to drag my Dad's insurance into this, which we didn't want to do.
2. we may just have to take our chances in small claims court.
This is all very stressful and scary.
Edit: The current plan is to have a friend-of-a-friend, who is a lawyer and kindly volunteered, send a helpful nudge letter to the insurance company. Sometimes all it takes is a letter, he says. Failing that, thanks to recommendations in this thread, we will go to the State Insurance board. And failing that, god forbid, we'll ask Dad's insurance to go to bat for us... and for god's sake, if that fails, we go to small claims court.
I hope the letter works.
Fight those jag offs! Hell, get the right lawyer you can sue the guy AND his insurance company :P
Good lucks! ^_^
There ARE lawyers who can help you if need be. *huggles*
If it were here in Denmark, it would have been easy. Your insurance would have to pay you, and then it would be their right to get that money from the guy that totalled your car. Or his insurance, if he had any.
You should also ask for a written copy as to why the insurance company is denying the claim, that way it is on file and you can use it in court.
Yay for my legal constitutional writing class!
If you need any extra basic legal research done don't be afraid to ask...I'm much cheaper(read: free college student)
Good luck with the small claims thing that is never fun and can be very stressful. Comes to a point really where you have to decide what battles are really worth it and that sucks when cash is tight.
Hope you are able to get things so that you are at least driving a car again. I guess you just have to stay with the positive in this kind of thing. It could have been a lot worst and it wasn't. And just go from there.
Still doesn't make it any easier and still totally sucks that you have to go through this but at the end of the day some positive is better then no positive.
Sorry you have to go through this. Hugs.
If the state board doesn't help, you can go to small claims, but I'd honestly try that second, if the state thing fails. They have more power to enforce laws and rulings, and it's what they're there for.
Good luck from both of us!
Best of luck to you dear! :<
More bullshit that this country is full of.
You pay and pay and pay. And then one day you have an accident. And they decide that they don't want to pay you the money they're supposed to.
You usually have to take them to court to get what you're owed. So that's my suggestion.*
*-These statements are made by the son of a lawyer who made a living suing insurance companies that refused to pay on their plans.
Makes me wonder what the fuck's the point of full coverage insurance, when /I/ get punished for someone else being an irresponsible douche. =P
The thing that boggled the hell out of me? This guy who backed into me...he didn't just back into me, he literally PLOWED into me, and he was in a parking space like 5 feet away from my car as I was creeping by. You'd THINK someone who's knowingly driving without insurance or a license would be the most cautious and paranoid SOB on the road, but apparently not. =P
Anyhow, this guy sounded like a total deadbeat without a dime to his name. And my insurance company was like "Well LOL you may eventually get the $500 back for that deductible if we get OUR money back from him for the $6000 worth of damages first. Good luck!" ... Yeah, won't be holding my breath on that happening. =P