Re: Follow up to rear-end collision/// Rather than going after the offending party's personal...

A few days after submitting my claim to my insurance co. I received a letter from the perp's ins. co. stating that her policy had been rescinded 3 days before the incident (suspiciously convenient timing)
I contacted my ins. co. and was told that they were aware of the problem and would be pursuing the individual directly to recover the damages. My car has been repaired and looks as good as new. I just wish I didn't have to lose my $1000 deductible.

If you win, put a lein on his/hers house, of they own, to force payment. Heck, check the other insurance company, too, as maybe there's a grace period where there is in a sense, some sort of phantom coverage/cooling off period, where the individual was technically still covered.

A real bummer, though. Check with local authorities, maybe get them hit with a ticket/fine for driving an uninsured motor vehicle. Make this person's life miserable.

and if they wish to pursue the "perp" they can do it on their time.

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Faster Horses (Apollo Beach, FL)
A few days after submitting my claim to my insurance co. I received a letter from the perp's ins. co. stating that her policy had been rescinded 3 days before the incident (suspiciously convenient timing)
I contacted my ins. co. and was told that they were aware of the problem and would be pursuing the individual directly to recover the damages. My car has been repaired and looks as good as new. I just wish I didn't have to lose my $1000 deductible.

or emotional well being, concentrate on extracting 100% of what is due you by virtue of the FACT that you were hit from the rear...The possibility of his claiming that you backed up into him does not exist, so one or the other insurance company (or, as in NY law, the uninsured/underinsured motorist coverage) must cover it according to their contractual obligation(s) with the Insurance Commissioner of your State.

I would be sorely disappointed to learn that you had to dig into your own funds, for even $1.00 in case such as this one. The hordes of persons who are uninsured/underinsured has increased so dramatically that NY and FL in particular are having a difficult time sorting it out and making sure that the insurance covers you if you are not at fault. Give the insurance companies no quarter, I say!!!!

BTW, I'm helping a neighbor with this exact same type of accident, but the offending party is much more of a standup guy. More to follow in a few days (Monday) as that time will tell whether he comes through from his own pocket and then, whether his insurance company (located in Omaha, NE) wants to go at it

Regards, Maurice.



Edited 1 time(s). Last edit at 07/23/2011 08:42AM by MauriceonLongIsland. (view changes)

your insurance company will get your $1000 for you. A few years ago, my company recovered my $500 deductible in their subrogation claim against the "perp" and refunded it to me.

Lawdevil
2013 Boxster S - Agate Grey,
2016 Macan Turbo - jet black
Cashiers, NC & Atlanta

They probably were paying homage to you profession, Mike.

When's the party at your place?

should not be based on whether or not the insurance company collects from someone else. If the accident was not your fault, you should not have to pay the deductible.

You do if neither party is charged, the other party's insurance company denied liabilty and you don't want to have to sue the other party to prove you are right. Under my policy there was a $500 deductible. In this case my insurance company took the subrogation claim to arbitraton agaisnt the other insurance company and won.

Although I agree with you, I would add that in Missouri (and presumably other states also), if you had an accident with over $500 in damage and the other driver failed to maintain financial responsibility (i.e. insurance), you can apply to the State to have his or her license suspended. They don't get their license back until they settle with you. That may not work with a complete deadbeat who cares nothing about his or her license, but it's another tool in your toolbelt and I've used it successfully in the past. See Sections 303.030, 303.041, and 303.042, RSMo.

There are a lot of clowns out there who go out and get insurance and then cancel as soon as they get the card. They use the card to register their card and to show the cops if they are pulled over for any kind of ticket. The license suspension procedure is about the only thing the State can do to prevent this.

What you say is true in many states. However, the situation I am talking about is where the other party is insured and the insurance company denies liability and either no one is charged by the police or the other insurance company denies liability. In either case, unless you want to go to the trouble to sue the other party, you pretty much have to go through your own insurance (with its deductible) and hope for the best.

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Lawdevil
What you say is true in many states. However, the situation I am talking about is where the other party is insured and the insurance company denies liability and either no one is charged by the police or the other insurance company denies liability. In either case, unless you want to go to the trouble to sue the other party, you pretty much have to go through your own insurance (with its deductible) and hope for the best.

Do it for the social good, I say...

Any further, or other, emoluments will be just gravy for the linings of one's pocket(0...

I rest my un-case, but never until the D is totally done.

Regards,

I hear you -- we were talking about different things. I was referring back to Faster Horses' post that mentioned that the perp's insurance was cancelled three days before the accident. The license suspension procedure would apply there. If the other party actually had insurance and denied it, I agree that you would either have to hope your own insurance can get your money for you or else that you can sue the other party, win, and collect (the collecting is the hard part).

Depending on the contract and the state laws, sometimes the insurance company has to pay the deductible if you found not at fault, regardless of the other driver or their insurance company.