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Old 10-14-2015, 07:39 PM
 
90 posts, read 213,142 times
Reputation: 75

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Hubby was in an accident a couple weeks ago and so far there is $100,000 worth of damage i.e. Medical bills, their car and his car. Our insurance co told us to offer them whatever assets we might have to off set the cost of this accident. As of right now he is at 50% fault and it could be more. He was making a left hand turn in the dark and they had no lights on and where speeding. The police are doing a crash investigation so we can't even get our truck back for a year!!
At first they thought the other car had serious injuries so the life flighted her for $40,000. Turned out to be 2 broken fingers and a concussion.

My question is will our ins cancell us? We have 100,000/300,000 ins and this is the very first clame ever and what can we do about our car. From my understanding WA state only does accident reconstruction if someone was seriously injuried. Do we need a lawyer? And what type of lawyer should we use? And would an attorney even help us?

Sorry so much but this whole thing is pretty overwhelming.
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Old 10-14-2015, 07:43 PM
 
Location: 42°22'55.2"N 71°24'46.8"W
4,848 posts, read 11,807,234 times
Reputation: 2962
Quote:
Originally Posted by Mrsacg View Post
Hubby was in an accident a couple weeks ago and so far there is $100,000 worth of damage i.e. Medical bills, their car and his car. Our insurance co told us to offer them whatever assets we might have to off set the cost of this accident. As of right now he is at 50% fault and it could be more. He was making a left hand turn in the dark and they had no lights on and where speeding. The police are doing a crash investigation so we can't even get our truck back for a year!!
At first they thought the other car had serious injuries so the life flighted her for $40,000. Turned out to be 2 broken fingers and a concussion.

My question is will our ins cancell us? We have 100,000/300,000 ins and this is the very first clame ever and what can we do about our car. From my understanding WA state only does accident reconstruction if someone was seriously injuried. Do we need a lawyer? And what type of lawyer should we use? And would an attorney even help us?

Sorry so much but this whole thing is pretty overwhelming.
Huh? I don't think your insurance company knows what insurance means. Sounds like you need a lawyer, especially for a claim this large. I wish you the best in getting through this tough time.
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Old 10-15-2015, 08:57 AM
 
Location: Raleigh
13,707 posts, read 12,418,158 times
Reputation: 20222
Quote:
Originally Posted by Mrsacg View Post
Hubby was in an accident a couple weeks ago and so far there is $100,000 worth of damage i.e. Medical bills, their car and his car. Our insurance co told us to offer them whatever assets we might have to off set the cost of this accident. As of right now he is at 50% fault and it could be more. He was making a left hand turn in the dark and they had no lights on and where speeding. The police are doing a crash investigation so we can't even get our truck back for a year!!
At first they thought the other car had serious injuries so the life flighted her for $40,000. Turned out to be 2 broken fingers and a concussion.

My question is will our ins cancell us? We have 100,000/300,000 ins and this is the very first clame ever and what can we do about our car. From my understanding WA state only does accident reconstruction if someone was seriously injuried. Do we need a lawyer? And what type of lawyer should we use? And would an attorney even help us?

Sorry so much but this whole thing is pretty overwhelming.
I think I would hire an attorney, if only for a consultation/to write threatening letters. Of course there are lawyers that will represent you. The fact that your insurance company wants YOU to pay THEM for what seems to be a 50-50 liability deal, doesn't bode well. You can start looking for general types of law firms in the area, and they could likely set you in the right direction. If you know any lawyers, ask them to point you in the right direction.

Your insurance might cancel on you, but seriously, so what. If you've only ever had one claim, you don't need to worry about getting insured again, even if you have to pay more for a couple of years.
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Old 10-15-2015, 11:35 PM
 
Location: Living rent free in your head
42,839 posts, read 26,242,918 times
Reputation: 34039
Your husband was the one who was speeding and made a left hand turn with no lights on? I'm surprised they only found him 50% at fault what was the other driver doing? I certainly wouldn't be offering them any assets, and your insurance company should be going after the other driver's insurance to pay at least half of the claim if they are 50% at fault. Talk to an attorney, there are a number of issues here that need to be addressed. An accident investigation does not take a year, so unless they are going to criminally charge one of the drivers and are holding the vehicle as evidence there is NO reason to impound the car for a year!
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Old 10-16-2015, 08:09 AM
 
806 posts, read 958,165 times
Reputation: 1049
Quote:
Originally Posted by 2sleepy View Post
Your husband was the one who was speeding and made a left hand turn with no lights on? I'm surprised they only found him 50% at fault what was the other driver doing? I certainly wouldn't be offering them any assets, and your insurance company should be going after the other driver's insurance to pay at least half of the claim if they are 50% at fault. Talk to an attorney, there are a number of issues here that need to be addressed. An accident investigation does not take a year, so unless they are going to criminally charge one of the drivers and are holding the vehicle as evidence there is NO reason to impound the car for a year!

Her husband made a left turn in front of the other car because the other car was speeding with no lights on supposedly. Unless he has a dashcam or witnesses, it'll be nearly impossible to prove this.


'
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Old 10-16-2015, 08:34 AM
 
Location: Living rent free in your head
42,839 posts, read 26,242,918 times
Reputation: 34039
Quote:
Originally Posted by acercode View Post
Her husband made a left turn in front of the other car because the other car was speeding with no lights on supposedly. Unless he has a dashcam or witnesses, it'll be nearly impossible to prove this.'
Thanks, then I would say that unless this was at a controlled intersection it could be argued that her husband has any liability. If there was no criminal conduct I still don't get the year long impound of the vehicle
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Old 10-16-2015, 11:54 AM
 
90 posts, read 213,142 times
Reputation: 75
The other car had no lights on and was speeding. He was making a left turn from a complete stop. This accident took place in pitch black in a forest. We live in NW Wa in the sticks, no street lights or very many reflectors. He was arrested for vehicle assault. In WA if a serious injury accrued durning an accident you go to jail till they figure out what's going on. All the charges where dropped the next morning when they figured out he was not drinking or on drugs. The police still want to do a accident reconstruction which they clame takes a year!! We my live in the sticks but they also survey the Seattle area so they clame to be busy. The police won't tell us if they even tested the other driver for alcohol or drugs and they say it's non of our business. I feel like we are being railroaded b/c we are outsiders in a small town of good old boys and he hit a 5 generation local couple. We just moved here 3 months ago. We know the other couple is fine b/c hubby workes with the brother of the passenger. But hubby feels awkward asking him if he knows if his brother in law was drinking. My hubby is his superior at work.
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Old 10-16-2015, 11:24 PM
 
Location: Living rent free in your head
42,839 posts, read 26,242,918 times
Reputation: 34039
Quote:
Originally Posted by Mrsacg View Post
The other car had no lights on and was speeding. He was making a left turn from a complete stop. This accident took place in pitch black in a forest. We live in NW Wa in the sticks, no street lights or very many reflectors. He was arrested for vehicle assault. In WA if a serious injury accrued durning an accident you go to jail till they figure out what's going on. All the charges where dropped the next morning when they figured out he was not drinking or on drugs. The police still want to do a accident reconstruction which they clame takes a year!! We my live in the sticks but they also survey the Seattle area so they clame to be busy. The police won't tell us if they even tested the other driver for alcohol or drugs and they say it's non of our business. I feel like we are being railroaded b/c we are outsiders in a small town of good old boys and he hit a 5 generation local couple. We just moved here 3 months ago. We know the other couple is fine b/c hubby workes with the brother of the passenger. But hubby feels awkward asking him if he knows if his brother in law was drinking. My hubby is his superior at work.
I would pressure the insurance company into being more aggressive in the investigation, whether or not they tested the other driver is a matter of public record - your insurance can get a copy of that and already should have. If he was impaired, then they should be able to make a determination that the accident is the other driver's fault and pursue his insurance company for your damages. Honestly if it were me I would call my insurance company EVERY day until they start treating this as they should, that it is the other drivers fault! If they won't do that I would threaten to file a complaint with the Washington State Insurance Commissioner I think I would call the head of whatever agency is supposed to be doing this 'accident reconstruction' and raise hell, that just sounds like a lot of BS.

I don't think you should have to pay for an attorney when you are paying for insurance- but you might just have to get in touch with one if you can't get your insurance to be more aggressive. If you can convince an attorney that the accident is not your husband's fault maybe they will take this on a contingency basis.
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