Thursday, August 19, 2010

I need some advice on how to fight a big insurance company...see detail?

I had a minor fender bender in a parking lot the older woman hit me, I was backing out of parking very slowly and had stopped and put my car in drive when the crunch happened. She has state farm insurance. we agreed in the lot that the accident was mutual and each would pay for their own damages now I am being sued and threatened by their lawyers to lose my license for a year. I cannot afford a lawyer to fight them any advice out there? Help please I am tired of being screwed because I am poor. There were no officers called to the scene and no tickets issued.I need some advice on how to fight a big insurance company...see detail?
Don't worry too much about not having a police report; usually they will not respond to a non-injury accident on private property.





The accident was not mutual. By your account, you were in Drive when she hit you, therefore it is her fault. You can undercut her claim against you by taking her to small claims court. With disagreements about how the accident happened and no witnesses, the judge will probably decide that the parties involved will handle their own damages.





Be prepared for court by taking pictures of the damages and the accident scene. Draw a diagram of the scene and how the accident happened. Be sure to indicate that your car had cleared the parking space and was moving forward. Include measurements to show how far the other person traveled before she hit your car. Did she travel 20 feet or 100 feet? This helps to indicate how fast she was going and how much time she had to avoid the collision (mitigating circumstances). Did she just enter the lane when the accident happened? What did she say to you when she got out of her car? Did she have a passenger? If this person is a witness in court, object to testimony as biased.





Write as much down as you can remember so you can hand it to the judge. Make yourself look good on paper. The judge will rarely make a decision in court. If all he has is the other person's verbal testimony, he will be more inclined to side with you or, at least, decide that each person will handle their own damages.





Go to the police department and make a counter report. You can bet the other person did and that is what the insurance company is using to come after you. Get a copy of the other person's report and make your own report. Answer all her ';facts'; of the accident with your own. Don't admit ANY fault!





As for the insurance company's attorneys. They are blowing smoke. They have no authority to take your license away. If you were driving without insurance, then they can turn you in to the DMV who will follow through. If you did not have insurance at the time of the accident, get some before you go to court.





Finally, dress well and don't be afraid of the judge. I have seen people lose because they feel intimidated in court. Be polite and answer any questions with simple answers. If the judge asks you how you would like to see this resolved, remind him/her that you both agreed to pay for your own damages at the time of the accident and that the other person then reneged on that agreement.





When the court rules, the decision is generally accepted by the insurance company. There can be only three decisions: You win and pay nothing for her damages and her company pays for your damages; each will pay their own damages; or you will lose and have to pay damages to the insurance company (which is where you are right now).





I hope this is not too long for you. Good luck!I need some advice on how to fight a big insurance company...see detail?
That was your first mistake not calling the police. I would definitely get your insurance company involved. They will do an investigation of their own and fight your side of the story.





While you and the other person may have came to an agreement in the parking lot, usually the insurance company will make their own liability decision based on their insured's story.





I imagine what is happening is they are subrogating against you and requesting the money for their insured's damages. They will suspend your license if you don't pay them. If you get your insurance company involved, they can either pay the damages for you or take your side of the story and fight it out in arbitration.
What you do is call your insurance company, make a report and they will represent you with State Farm. If you were backing out of a space it will probably be your fault, but let the insurance company figure it out, and pay if necessary. That is why you have automobile insurance, so they can take care of situations as you have described.





Now, in the event you were driving without insurance, prepare to pay out lots and lots of money and be without a license.
Call your own insurance company for assistance.
Turn the incident in on your insurance, tell them what's happening, and let the two insurace companies fight it out.





Your insurance rates will go up from this however.

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