Well, the insurance company for the driver who pulled out in front of me is trying to get out of paying. They haven't made a final decision, but they are dragging it out as long as possible and have suggested that I may share blame for "failing in my responsibility to do everything I could to avoid the collision." Yeah, they said that. On that note, the witness statement from the police report says "the operator of the motorcycle did everything he could to avoid the collision." They haven't actually even requested the police report yet.

 

Of course. Insurance companies are in business to make money. Not spend it. Go see a lawyer and see if you can really put the screws to em.
Put a neck brace on and whine a bit. Lost time,wages,back hurts too much too bang the old lady. That kind of stuff.

 

Time to lawyer up. Quit discussing your accident and find a personally recommended lawyer. I personally think all lawyers are low life opportunistic pecker heads but it is what it is.

 

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.

 

You need to have your insurance company go to bat for you or contact the state insurance board or whatever it is called.

5 years ago my daughter was hit head on by a drunk. She was on a narrow bridge with walls on the side. The idiot crossed into her lane. She slammed her brakes and just prior to impact she sideswiped the wall. She miscarried her baby and her and my granddaughter had to be cut out of the car. Both vehicles were totaled but the dumbass wasn’t even hurt.

We had the police report and statements and he still claimed it was not all his fault. His insurance company kept stalling saying more investigations and whatever other **** had to be done. They actually told us that they thought it was partially my daughters fault somehow. My insurance company, USAA, came to my rescue and filed a complaint somehow. Anyway a few days later the claims were settled. BTW, his company was Progressive.

 

Some states have laws against stalling insurance claims and penalties for a company that fails to pay a claim in good faith. Michigan doesn't.

 

Yep! I have seen this crap before. My daughter had a fender bender with another driver and their insurance company tried the same crap.....suggesting that SURELY my daughter had SOME part in the accident and therefore SHOULD partially share the costs. I called my insurer and told them to get this BS taken care of pronto. They did.

 

Anytime I've had an insurance company drag their feet I call them and tell them I'll have to get a hold of my attorney. My experience, that has gotten things settled within 24 hours.

 

Before you start threatening the lawyer game call the claims supervisor and see where its at; usually if you've got a legitimate case they'll just pay it and move on. If they continue to drag and/or decline it turn it into your company and they will subrogate against the at fault party to get your deductible back.

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.

 

Could be worse.....Trying to get out of paying would be a problem if you both had the same Insurance company.