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  #11  
Old 01-20-2012 | 12:02 PM
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Allstate tried to run that crap on me.

I was sitting still at a red light when the woman behind stepped on the gas (she was texting) because the lane to the right got the green.

Allstate tried to assess me a "liability quotient" because I was on an "inherently unsafe vehicle". This was after they had taken 100% liability on behalf of their client. In North Carolina you have a hard time collecting pain and suffering if you are partly at fault.

I asked her to send that in writing and told her I would fight it. She decided that they would not pursue it.

Allstate=dirt bags. If I had to do it over again I would go straight to a lawyer.

I was hit in June, I finally sued in small claims court in November, and won. Now it's mid-January and I'm still waiting for the judgment to be sent to me.
 
  #12  
Old 01-20-2012 | 12:09 PM
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That the reason I have my own Insurance,I'll let them fight with yours while my Bikes being repaired !
 
  #13  
Old 01-20-2012 | 12:13 PM
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dude, get a lawyer, i got 100K out of my accident, and the bastards even deemed the accident 50/50 at fault. If your in CA I can refer you to my lawyer, he kicked ***.
 
  #14  
Old 01-20-2012 | 12:15 PM
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I dont know the extend of damage done to you, but I shattered my pelvis and snapped my tibula so that probably accounts for something.
 
  #15  
Old 01-20-2012 | 12:18 PM
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Originally Posted by wcsj55@yahoo.com
That the reason I have my own Insurance,I'll let them fight with yours while my Bikes being repaired !
More and more insurance companies are raising rates for a non fault subrogation.

I had Progressive, when I contacted then they told me that they will negotiate damage claim only. They would not negotiate rental transportation, injury, towing, or diminished value.

Then they told me that even though the accident was 100% at fault of the other driver, they would raise my rates as if I was at fault.
 
  #16  
Old 01-20-2012 | 12:25 PM
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two choices..ride it out..

or contact ur agent/company and let them pay and subrogate it..
 
  #17  
Old 01-20-2012 | 01:08 PM
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Maybe I missed it, but why isn't your insurance company involved in this? That's what you pay premiums for in the first place.

They can believe what they want to believe but, what does the police report say? Have yet to see a written law that says you it's ultimate responsibility to avoid an accident, you do what can and the rest is in the hands of fate.
 
  #18  
Old 01-20-2012 | 01:42 PM
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Originally Posted by oldairboater
I personally think all lawyers are low life opportunistic pecker heads but it is what it is.
I agree. And they take around half of what you get. Still, lawyers are sort of like proctology exams. They are not fun to deal with at all, but sometimes they are necessary, and the feeling afterward is about the same. Thankfully, I have not had to go to court, but know it is a matter of time in today's sue happy society.

Originally Posted by barjbar
What insurance company is the driver with? I'd call their claims adjuster and politely ask them what their decision is and let them know will you see an attorney if it's unacceptable. That should at least get them motivated.
Would not be surprised to hear State Farm being tossed around... best company to deal with locally (my agent has been AWESOME!), worst company to deal with as far as a claim goes. Almost a year since the hail storms, and the foot draggers still have not completed my two claims! One they paid little more than half the estimate, the other has not even really been started yet!

Originally Posted by vistavette
Before you start threatening the lawyer game call the claims supervisor and see where its at...
Great advice! Plus, threats can often take a personal note, which can haunt you in court. At this point, the insurance company will likely be looking for any excuse to drop the case.

Originally Posted by BBStacker
Maybe I missed it, but why isn't your insurance company involved in this? That's what you pay premiums for in the first place.

They can believe what they want to believe but, what does the police report say? Have yet to see a written law that says you it's ultimate responsibility to avoid an accident, you do what can and the rest is in the hands of fate.
One of the best pieces of advice on this thread (besides anything that I have personally said. )! Your insurance co. will know the tricks that they will want to use, and will fight on your side to take care of their customer.
 
  #19  
Old 01-20-2012 | 01:43 PM
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Originally Posted by RHPAW
Could be worse.....Trying to get out of paying would be a problem if you both had the same Insurance company.
Now that is a nightmare, had that happen to me
 
  #20  
Old 01-20-2012 | 04:23 PM
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You don't have a lot of decisions to make! If you don't get what you want from the other persons insurance company talk to your insurance company to see what they will pay. (this is dependant on the state in which you live) If you are not satisfied you should contact a lawyer to see how far he would be willing to take it. In my experience with lawyers, they wouldn't waste their time with vehicle expense recovery. The real meat and potatoes they would be interested in would be injury. PAIN AND SUFFERING PAYS BIG! (BTW - this should be pro-bono)

Everyone bashes a lawyer UNTIL THEY NEED ONE! I was involved in an auto accident a few years ago where I was injured and the other person was 100% at fault. I wanted them to just pay my medical expenses and let me get on with my life. When I approached them with this idea they said no. They advised me to get a lawyer - BIG MISTAKE for them!!

THE ONLY THING THE LAWYER I HIRED WANTED TO SEE WAS A COPY OF MY INSURANCE DECLARATION PAGE! Seems that I did not wave my right to sue (tort limits in NJ) and all that my lawyer saw was dollar signs! Collision was covered by the other persons company (car totaled), medical was covered by my auto/health policies and THE ENTIRE SETTLEMENT was for pain and suffering! HUGE BUCKS!!!

If I had it to do over again I'd rather not have been in the accident, but I wouldn't change any of my actions afterward.

I GUESS I WAS JUST LUCKY? -

"As an insurance agent I can tell you an insurance company is nothing but a big room of attorneys just waiting to do something. Once you threaten "I'm getting an attorney" you can all but bet they'll just turn it down all together and you can't outspend them. Also; if you don't have any significant injuries most attorneys are not interested in your case. A lot of attorneys will send you to their doctors office and all sorts of other "specialists" but what winds up happening is a really long drawn out series of appointments and a final settlement where the attorneys office and the doctors make out huge and you get nothing more than you would have in the first place... or often less."

While I agree "an insurance company is nothing but a big room of attorneys" the notion of you outspending them is ludicris! IF YOU HAVE INJURIES - SIGNIFICANT OR OTHERWISE - ANY LAWYER WORTH HIS SALT WOULD LOVE THE CASE! As far as coming away with nothing, BS! All costs associated with the case should be paid for BY THE ATTORNEY and in my experience the lawyer should end up with 1/3. These are the terms you dictate to your attorney BEFORE SIGNING ON!!!!!
 

Last edited by jeffreydsilver; 01-21-2012 at 12:28 PM.
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