Insurance co. screwed me over (vehicle, motorcycle, best, left turn)
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I was in an accident a while back driving a relative's vehicle. The insurance company automatically thinks I'm at fault because I was given a ticket and doesn't seem to care that I have proof showing otherwise. They also decided to to pay out money to the other driver before hearing the final court/trial decision.
Is all of this normal? I thought that the insurance company was supposed to be on my side. Aren't they supposed to stick up for me?
Now because they paid out several thousand dollars to the other driver, my relatives will get nothing and their insurance rates could go up.
Is this normal? What's the point of even having insurance if this is how they're going to treat you?
I was in an accident a while back driving a relative's vehicle. The insurance company automatically thinks I'm at fault because I was given a ticket and doesn't seem to care that I have proof showing otherwise. They also decided to to pay out money to the other driver before hearing the final court/trial decision.
Is all of this normal? I thought that the insurance company was supposed to be on my side. Aren't they supposed to stick up for me?
Now because they paid out several thousand dollars to the other driver, my relatives will get nothing and their insurance rates could go up.
Is this normal? What's the point of even having insurance if this is how they're going to treat you?
What do you mean they will get nothing? If they have full coverage their car will be fixed too.
What "proof" do you have that you were not at fault?
This is a mere rant. You do not say exactly what occurred. Why would your relatives (?) get money? Did you hit their car? Wasn't it fixed?
I don't know where you live but where I live cops rarely give tickets to anyone for a car accident unless (1) there are injuries, or (2) it's considered a hit and run (assuming they can find the driver). If you were ticketed, the police considered it your fault. You offer no explanation or proof that it wasn't.
Recently had a similar situation here. I got rear-ended by an immigrant with no driver's license. Stupid cop gave ME the ticket, insurance company took cop's word for it even though he wasn't a witness to the accident, insurance paid out to the other party (who should never have been on the road in the first place) while I had to shell out to cover my deductible, then the ticket got dismissed. Go figure.
tickets are usually the tie breaker. once a violation is deemed its tough to win a case.my brother inlaw got hit on his motorcycle by a guy making a left turn. the
guy making the left was actually behind another guy making left and he got tired of waiting for the guy in front of him to turn so he went first.
when the case went to court the judge told the jury he was deeming it a violation because the guy had to cross the double line in order to make his
left ahead of the guy in front of him. therefore he told the jury dont decide on the negligence aspect as he already decided that,just concentrate on the award. to my brother inlaw.
Recently had a similar situation here. I got rear-ended by an immigrant with no driver's license. Stupid cop gave ME the ticket, insurance company took cop's word for it even though he wasn't a witness to the accident, insurance paid out to the other party while I had to shell out to cover my deductible, then the ticket got dismissed. Go figure.
This is very similar to what I'm going through. You would think that the insurance company would want to wait to see what a judge says before paying out all that money. In my case, the insurance company paid out between $4000-$6000 to the other driver, who was at fault. Isn't there anything that can be done about this? That's why I started this thread. Isn't there anyway to get the insurance company to take back the money?
The other driver lied to the police about what really happened, that he was doing something illegal and that's why he hit me. I was having anxiety issues and was not able to give the police all the details. I was charged with a moving violation (can't say what right now). I was also not able to tell the insurance companies what exactly happened because I was still sort of out of it. I had anxiety issues for several days. I still have not driven since the accident.
The day after the accident I obtained proof (thanks to my father) that I am not at fault, but I can't say what that is right now.
The vehicle I was driving is old (from the '90s) and only has liability coverage. The other vehicle involved is newer and I have no idea what kind of coverage they have. I assume they have liability and some type of partial or full coverage.
The first time I talked to the liability adjuster from my relative's insurance company, they said that because I received a ticket, they were finding me at fault. Because they find me at fault, they're paying for the other driver's damages. Because they find me to be at fault, they will not pay anything to my relatives. My relative's vehicle was totaled as the frame is all bent up and mangled. The most they would've gotten would probably be a couple hundred. But a couple hundred is better than nothing, right? But because the insurance company paid out money to the other driver, there's a possibility that they might increase the insurance rates. That's what my lawyer told me. In fact, my lawyer said it was odd that the insurance company had already gone ahead and paid the other driver. He said that they should have waited for the results of the court case. He said that if I'm found not guilty, the insurance company wouldn't have had to pay that money to the other driver. I suppose if I win, we could sue the other driver, but I doubt anyone wants to go through the hassle.
The point is, I was under the impression that your insurance company is supposed to be on your side if you're in an accident. By them going ahead and paying the other driver, my relatives are getting screwed out of whatever money they could have gotten.
your insurer does whats best and easiest for them,not you. today awards from cases going before a jury can be outragious so insurers will avoid that.
in my brother inlaws case he wanted 30k to settle the accident. all-state who represented the other party who hit him said no.. sooooo they went to trial.
the day of the trial all-state offered him 50k before the case was called . he turned it down since they were already at court.
the judge ruled the other party committed a violation when he crossed the double line to make the left ahead of the guy making a left in front of him.so the judge told the jury to only decide on an award not the negligense part.
well the jury awarded 145k in favor of my brother inlaw . all-state could have spared an award like that for 30k up front but they didnt . they already knew my brother inlaw had the right of way regardless so they would be at fault.
it was an expensive stupid move on their part.
there are guidlines as to fault or percentage of fault that are followed. insurance companies are not going to deal with a she said ,he said investigation as to who is at fault each time unless its a major accident.
if you got issued a violatation and were convicted or plea bargained down its your fault by guidlines. they arent going to risk going to court ,wasting lawyers time, and walking in with you already issued a violation. it makes little sense and could end up just like the party who hit my brother inlaw...
hit someone in the rear, odds are your at fault too by guidlines.. doesnt really matter what happened. unless the question asked of you by the cop at the scene was " so how fast was the guy at that traffic light going when he backed into you?" odds are you are at fault no matter what.
fair or not that simplifies things greatly for the insurers and keeps operating costs lower. sometimes they may payout wrongly but then again sometimes they may not pay out wrongly so it all evens out.
Last edited by mathjak107; 02-17-2012 at 04:22 AM..
Thanks for the informative post, but I'm a little confused. You're talking about a civil suit and I'm talking about traffic court. In my case, I've been charged with a moving violation and am fighting against it in traffic court, this is not a civil suit. My lawyer says it's odd that the insurance companies didn't at least wait for the outcome before they paid the other driver to cover his damages and repairs. The insurance company just automatically decided I was at fault, they didn't even wait to see what a judge decided. The insurance companies don't have to be involved in this matter, they just have to wait for the outcome.
I was in an accident a while back driving a relative's vehicle. The insurance company automatically thinks I'm at fault because I was given a ticket and doesn't seem to care that I have proof showing otherwise. They also decided to to pay out money to the other driver before hearing the final court/trial decision.
Is all of this normal? I thought that the insurance company was supposed to be on my side. Aren't they supposed to stick up for me?
Now because they paid out several thousand dollars to the other driver, my relatives will get nothing and their insurance rates could go up.
Is this normal? What's the point of even having insurance if this is how they're going to treat you?
This can go the other way too. Back in Phoenix, I was driving down the road when a girl pulled out and made a left without looking. My front end hit her driver's side of the vehicle. It was obviously her fault. The cop came out and gave her the ticket, and I received none. We both had Allstate insurance. Allstate determined that the accident was 70% her fault and 30% my fault because she and her passenger both said I was looking down at the radio and could have avoided the accident (liar). Allstate then said I only get 70% of my car damage claim, a rate hike, and an at fault accident on my C.L.U.E report making it so I could not go to another insurance company as their rates were just as high.
The point is, I was under the impression that your insurance company is supposed to be on your side if you're in an accident. By them going ahead and paying the other driver, my relatives are getting screwed out of whatever money they could have gotten.
Here is your first mistake right here. Insurance companies are on one side and one side only, and that is their bottom line. They don't care about you or anyone else. Sure, they are polite on the phone and such, but they are running a business, and like all other businesses, they need to turn a profit. My guess is that the insurance company just paid out because the ticket was issued to you. In fact, that is exactly what the adjuster himself said, according to one of your posts above. Nobody who works for the insurance company was there, so they have to default to a legal document issues by a sworn officer. It's all they have.
Good luck to you as you navigate this process. Ultimately I hope that you and no others were injured. This is a pain in the rear, of course, but if you are not hurt and did not hurt anyone else, it is simply a lesson learned and not necessarily a life changing trauma for anyone involved.
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