- Thread starter
- #41
Jdavidson015
Expert
- 66
I know, but it can't hurt to have that stuff in my statement
Got Hit Today, Not Sure how to Handle, Please Help!
- Thread starter Jdavidson015
- Start date
I know, but it can't hurt to have that stuff in my statement
- Thread starter
- #43
Jdavidson015
Expert
- 66
As long as they r more than 50% I'm all good
- 182
It depends on what state you are in. If you are deemed 1% responsible in some states, you cannot recover anything. This is called pure contributory negligence rule, which says that a damaged party cannot recover any damages if they are even one percent at fault.
Other states recognize the pure comparative fault rule, which allows a damaged party to recover even if they are 99 percent at fault, though the recovery is reduced by the damaged party's degree of fault.
And finally, there is the modified comparative fault standard, which is breaks the remaining states in half. One set says a damaged party cannot recover if they are 50 percent or more at fault, but they are 49 percent or less at fault, they can recover, though their recovery is reduced by their degree of fault. The other set says a damaged party cannot recover if they are 51 percent or more at fault, but they are 50 percent or less at fault, they can recover, though their recovery is reduced by their degree of fault.
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- #47
Jdavidson015
Expert
- 66
Thanks guys, I will keep you all informed. In Massachusetts, it is the 51% is at faulty and 49% can recover. The adjuster came out on Friday and he said that based upon what he saw, my ins. Comp will likely agree that it is the other guy at fault and fight the other ins. Comp on it pretty heavily. The Paint is scraped forward instead of pushed directly in, which indicated that I was we'll into my turn when I was hit as I stated. Plus my statement which is literally 2 types single spaced pages chronicles every little detail of what happened. And lastly, I found out that if I had called the police to come, the other party would have been cited for failing to reduce speed to avoid a collision ( in his case he accelerated from a dead stop). Anyway, I think things aren't looking too bad for the whole situation. And with my luck, it's about time. If you've seen my post in the homeowners ins. Forum, you know know a little more about what I mean
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- #48
Jdavidson015
Expert
- 66
Hey, so the adjuster came back saying the damage tommy caris like 780, less than my deductible. I spoke with 3 body shops and they all said 1000 minimum in damage. I also received a letter from the other guys insurance saying that they have "been trying to contact me". they have my phone number and I have talked to them, any idea why I would get this letter? And how should I proceed with the claim being that the adjusters price is so low? And because I'm puttin the claim against the other guy, should I wait to do/ fix anything until fault is determined?
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If the other guy is found at fault, I plan to go after him for the additional devaluation of my car, to do that, do I press his insurance for that, or do I have to take him to small claims court? If it is small claims court I will likely go for treble damages plus court and attorney fees. There is precedent for his, although most people don't know about it or do it just because of all the time it takes, but I can't afford to lose the value of the car, especially since I was getting ready to trade it in, and was barely going to be able afford my new truck. This loss will put it out of reach.
Thanks in advance
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If the other guy is found at fault, I plan to go after him for the additional devaluation of my car, to do that, do I press his insurance for that, or do I have to take him to small claims court? If it is small claims court I will likely go for treble damages plus court and attorney fees. There is precedent for his, although most people don't know about it or do it just because of all the time it takes, but I can't afford to lose the value of the car, especially since I was getting ready to trade it in, and was barely going to be able afford my new truck. This loss will put it out of reach.
Thanks in advance
To take care of the claim, take your car to a body shop, preferably one recommended by the insurance company. They will further inspect the car, if its over $780, they will have the adjuster come back and look at it again and they can do a supplement for the amount over your deductible. If you want to file with the other carrier, you should have done that already. If you haven't done this, do it today. Waiting does not help your case. Or maybe you have filed, not clear from above.
I'm not sure what state you are in so going after diminished value changes a lot from one state to the next. In general terms, the car is not significantly damaged and doesn't affect any real value (I'm basing this on a $1000 repair bill). Its hard for me to see how there is any real diminished value.
The letter. The other driver called his insurance company and filed a claim. They almost always send the letter and then pick up the phone and call. It sounds like you have talked with them but I would call back and confirm they have what they need. If you have filed the claim, you can ask them about the status of getting your car repaired and in essence, see if they have done a fault determination yet.
Good luck.
Dan
What would be the basis for treble damages? I'm not an attorney, but I believe this normally requires a willful act. I can't see how this falls into that category, or else every minor fender bender would be in court for this.
Dan
I'm not sure what state you are in so going after diminished value changes a lot from one state to the next. In general terms, the car is not significantly damaged and doesn't affect any real value (I'm basing this on a $1000 repair bill). Its hard for me to see how there is any real diminished value.
The letter. The other driver called his insurance company and filed a claim. They almost always send the letter and then pick up the phone and call. It sounds like you have talked with them but I would call back and confirm they have what they need. If you have filed the claim, you can ask them about the status of getting your car repaired and in essence, see if they have done a fault determination yet.
Good luck.
Dan
What would be the basis for treble damages? I'm not an attorney, but I believe this normally requires a willful act. I can't see how this falls into that category, or else every minor fender bender would be in court for this.
Dan
- 117
Dude you are at fault or equally so. Accept it and move along. Geez.
