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car hit a month ago, insurance claims its not covered under other persons policy.

Discussion in 'BBS Hangout' started by Chopped, Sep 8, 2009.

  1. Chopped

    Chopped Member

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    Backstory:

    some girl hit my car when i was attending the summer session at HCC, she scraped my rear bumper when my car was parked and i was in class. After hitting my car she parked right by me and i noticed the scrape as i was going to my car after class. a witness had left me a note saying that the car next to me had hit me and listed the license plate number. the paint transfer matched and the cops came and got her out of class and we exchanged info. at first i tried to settle with her for $250 (i have a hookup at a bodyshop actual quote was $600ish), she told me that she would pay in payments ( i have paper work for this) but after the first payment of $40 she said she wanted to go through insurance. well after a month of the insurance investigating they now tell me that the damage is not covered under her policy.


    what can i do?
    can i send her a letter threatening legal action?
     
  2. LonghornFan

    LonghornFan Contributing Member

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    Do you have insurance? If so, call your agent, give them the info. and the police report and let them handle it. That's what you pay them for.
     
  3. Chopped

    Chopped Member

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    wont that increase my rates?
     
  4. leroy

    leroy Contributing Member

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    Someone correct me if I'm wrong, but you get your insurance company involved. I believe it doesn't affect you negatively in any way. They will (or should) take the fight for you.
     
  5. rhadamanthus

    rhadamanthus Contributing Member

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    It should not - since you're not at fault.
     
  6. LonghornFan

    LonghornFan Contributing Member

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    It shouldn't as you were not at fault and she admitted to the accident. I've had two claims on my Z in the past year (1 a hit and run slight damage, one a major wreck but the driver admitted fault) and my insurance has stayed the same, as neither were my fault.
     
  7. Chopped

    Chopped Member

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    the police just took an incidence report, will that work?
     
  8. LonghornFan

    LonghornFan Contributing Member

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    It should, although I'm guessing you were on private property so I'm not sure how they fill those reports out. Just have them call or you can go by the station and request a copy of it to fax to your claim rep.
     
  9. ghettocheeze

    ghettocheeze Member

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    Well the "paper work" I am assuming is a promissory note to pay for damages to your vehicle. That in itself establishes responsibility and terms of payment. Easy thing would be to file a small claims case against her in your local JOP court. Often the thought of going to court is suffice and will cause many to pay. Otherwise a short court date and a judge rendering judgment in your favor should do the trick. Now for your last question, first send a certified letter demanding payment ewithin 10 days, if no response then file suit as I stated above and have a Sheriff's Constable serve her a notice to appear in court. Remember all the costs related to this case will be awarded to you once you win the judgement.

    Now ponny up and slide a $100 bill my way for giving you this Pro Bono advice! :D
     
  10. Chopped

    Chopped Member

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    thanks for all the help, im going to call my insurance and see what they say, if they cant do anything ill send them a letter via certified mail, know any place online where i can get a better idea of how to word the letter?
     
  11. xcamm1

    xcamm1 Member

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    Anytime your insurance company pays out, then its probably going to affect your rates. You can claim this under your uninsured/underinsured, but you will need to have a police report for documentation.

    Now in regards to making a claim, if the damage is only 250 bucks, I would just pay it out of pocket. Dont bother with making a claim
     
  12. across110thstreet

    across110thstreet Contributing Member

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    with a claim that cheap that's not the OP's fault, it's best to let insurance handle this as everyone has advised.
     
  13. leroy

    leroy Contributing Member

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    From my wife, a former insurance agent and current underwriter...

    In that case the only reason they would not be covering under her liability is if she was not insured at the time of the accident, maybe she had a lapse on the policy. They should give a reason, especially if there is a police report. I would say since he was not in his car and it was parked than yes he should file with his carrier. Worst case scenario in this situation is they are not able to subrogate. In that case and if he carries Uninsured Motorist coverage he could claim it under UM possibly for a lower deductible. Generally a claim under UM will not affect the rate of the policy.
     
  14. xcamm1

    xcamm1 Member

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    The UM is 250 for most carriers. Check your policy, but I'm pretty sure placing a claim isn't worth your time.

    I am a current insurance agent.
     
  15. Pocket Rockets

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    you are correct.

    it would also affect your future rates should you decide to switch insurance companies. i agree if its this small an amount, just pay it out of pocket
     

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