| Author |
Message |
    
snowmom
Citizen
Username: Snowmom
Post Number: 330
Registered: 5-2001
| | Posted on Sunday, January 29, 2006 - 8:54 pm: | 
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Last Monday I was rear-ended @ the intersection of Parker and Academy/North Terrace. I was headed up hill (east), driving very slowly, on a rainy Monday am, and I stopped at the intersection as kids were about to step off the curb into the cross walk. A cop was directing traffic and I think he was signaling the car headed south on Academy to come through the intersection, ie turning left onto Parker. The car behind me slammed into me, going uphill. We exchanged information and I went and got an estimate. ~ $850. Ouch.
Now she's denying the whole thing! Do I have any recourse, other than reporting it to my ins. company? Just had another fender bender repaired! (kid driving...) |
Just The Aunt
Supporter
Username: Auntof13
Post Number: 3770
Registered: 1-2004
| | Posted on Sunday, January 29, 2006 - 9:06 pm: |
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Did th cop happen to notice the 'accident?' If so you could ask him to give a statement. Even if the cop didn't notice, call the police dept and explain the situation to them. Either way, fill out a police report explaining what happened. Include how you exchanged information, but now they refuse to pay. Also call your insurance company and report the accident to them. Write down everything you can remember about the accident, including what the person who hit you looked like. Did they have kids with them? Include that. I think she's going tohave a hard time explaing how you had her information if she didn't hit you. Does she live local? If you exchanged information, you should have her address. In some cases you might be able to convince the insurance company to go look at her car.
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Bailey
Citizen
Username: Baileymac
Post Number: 157
Registered: 3-2005
| | Posted on Sunday, January 29, 2006 - 9:15 pm: |
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Didn't the cop see the accident? No police report?
I don't guess you have any recourse other than dealing with the insurance companies, but since you were rear-ended, I can't imagine your insurance company finding you at fault.
Is she denying the accident even happened? |
snowmom
Citizen
Username: Snowmom
Post Number: 331
Registered: 5-2001
| | Posted on Sunday, January 29, 2006 - 9:21 pm: |
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Thanks, JTA and Bailey - unfortunately I did not go to the police station when it happened,(yes, I was in my PJs and bathrobe under my raincoat) but I will tomorrow! |
Albatross
Citizen
Username: Albatross
Post Number: 800
Registered: 9-2004
| | Posted on Sunday, January 29, 2006 - 10:04 pm: |
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With her information, an insurance company will take a look at both cars and figure it out pretty quick. I've had friends deal with people like that, and those sort of people rely on your meekness. They back off when you push. |
Strings
Supporter
Username: Blue_eyes
Post Number: 791
Registered: 4-2004
| | Posted on Sunday, January 29, 2006 - 10:19 pm: |
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I was rear-ended on Valentine's day last year by a Seton Hall student rushing to get home because she left her books there... She was riding my a** and it was very rainy, so I pulled over (blinker and all) to let her pass, but she didn't quite make it all the way around my car. She didn't want a police report because she said her parents wouldn't want to go through insurance, I insisted anyway and am glad I did because we ended up having to go through insurance after the work was done on my car. If I hadn't insisted on a police report I probably would have been SOL.
Moral of the story: Always get a police report, even if the accident was obviously not your fault. I hope you're able to get everything worked out! |
hch
Citizen
Username: Hch
Post Number: 195
Registered: 8-2002
| | Posted on Sunday, January 29, 2006 - 11:34 pm: |
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Same thing happened to my wife. Rear-ended and did not get cops involved, exchanged information and we contacted our insurance company.
The woman ended up lying to my insurance company, her insurance company, and the collection agency that my insurance company hired. I was SOL and out $500. Her boyfriend even had the nerve to call me and basically threaten me if I continued to contact her.
Unfortunately, my wife did not get the license plate number of the car so it was our word against hers.
I recommend documenting EVERYTHING you know and saw and sending it to your insurance company. Be prepared to got to small claims court if the insurance route does not work. |
ess
Citizen
Username: Ess
Post Number: 954
Registered: 11-2001
| | Posted on Sunday, January 29, 2006 - 11:48 pm: |
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I will share my rant.
About a year ago, I had an accident in Newark. I was changing lanes in my little car and this HUGE Sequoia came flyin' out of nowhere and ripped off my entire front end.
There was a cop in that little cop-box at the next corner, so we pulled over. The cop took our reports, took our information, etc. The hitter and I exchanged information.
The hitter was free to go. I got a ticket for careless driving. I sent letters to the court, appeared in court three times, and the best those *#$(*@#)!s could do was reduce the charge to "unsafe" driving.
My insurance went up about 80%.
I am still seething. |
newone
Citizen
Username: Newone
Post Number: 318
Registered: 8-2001
| | Posted on Monday, January 30, 2006 - 7:12 am: |
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Keep a disposable camera in your glove compartment to take pictures of the cars in the accident and always call the police for a report as a CYA. |
Gatica™
Citizen
Username: Katracho
Post Number: 249
Registered: 11-2002
| | Posted on Monday, January 30, 2006 - 10:13 am: |
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Yep, always file a police report, even if you don't file a claim later on.
I had an accident in Brooklyn once, where a 4Runner backed into my car. I wanted to wait for the police, but they were busy with more important stuff than a fender-bender. Anyway, after I took the other driver's info, I gave him "permission” to leave the scene. I then drove to the local precint and filed a report. Long story short, the other driver had 30 days to file his version of the accident. He never filed. My insurance company paid for my repairs (about $800) and then collected from his insurance company. All the while he denied it was his fault. He lost because he never bothered to file.
Also, never ever speak to the other insurance company. If they call you directly to ask you about your version of events, just tell them to contact your insurance company. Lest you say something that they can use against you.
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Bob K
Supporter
Username: Bobk
Post Number: 10470
Registered: 5-2001
| | Posted on Monday, January 30, 2006 - 10:26 am: |
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There are two ways to handle fender benders.
Assuming you have collision coverage you can collect from your own insurance company, minus the deductible, and if they feel that you are not at fault for the accident they will make a claim against the other parties insurance company in a process called "subrogation". If succesful you will get your deductible back from your insurer. This can take six months to a year or more.
The other method if the accident is clearly the other persons fault is to make a liability claim against the other persons insurance company for the damages. This will only work if the other party is clearly at fault and admits that they were at fault. In this circumstance you definetly have to talk to the other persons insurance company.
It is always a good idea to put your insurer on notice that you were involved in an accident and that you are pursuing the claim directly against the responsible party. This way their can be not question of timely notice.
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The Libertarian
Citizen
Username: Local_1_crew
Post Number: 1444
Registered: 3-2004
| | Posted on Monday, January 30, 2006 - 10:55 am: |
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disappointed!
i read the title of this thread and thought is was going to be lots of sexy talk.
Complaining isnt activism.
stop bitching on the internet and do something about it!
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BGS
Citizen
Username: Bgs
Post Number: 577
Registered: 10-2003
| | Posted on Monday, January 30, 2006 - 3:46 pm: |
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Snowmom- the mere fact that you two exchanged information should be worth something...I mean, how would you have her contact information and her insurance information if she did not give it to you?
Go for it!!!
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jet
Citizen
Username: Jet
Post Number: 1017
Registered: 7-2001
| | Posted on Monday, January 30, 2006 - 3:48 pm: |
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The 2 Insurance co. will settle it. I wouldn't worry about it. But you got 2 valuable lessons 1}people suck. 2} Allways get a police report. |
jet
Citizen
Username: Jet
Post Number: 1018
Registered: 7-2001
| | Posted on Monday, January 30, 2006 - 3:52 pm: |
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BTW there is no law that you stay @ the scene of a accident , just that you exchange info. |
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