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I think emm74 summed up the process from here. To answer your question about involvement, these sort of claims almost never go to jury trial and real life court proceedings are nothing like most people think they are. Here's a basic outline of what you might experience.
Car #1 will make demands
Your insurance will either offer some small settlement to make them go away, or will negotiate
Car #1 attorney will probably file a complaint in your state court system
Your insurance will indemnify you and hire you an attorney
That attorney will answer the complaint (usually just deny everything)
From that point, you will probably answer some interrogatories with your attorney, these are prepared and written questions created by Car 1s attorney
The attorneys will exchange information with eachother
If it makes it past that you could be deposed, that is where you, your attorney, opposing counsel and a court reporter meet in a conference room, you will be questioned by opposing counsel. This can last up to 7 hours depending on your jurisdiction
At this point, it will be clear of the merits of the claim and a settlement will probably be drawn up. Or your attorney will motion to have the claim dismissed.
Average time frame in my state for standard litigation is about 1 year, longer if it's complicated (this is not).
Excuse my grammar I'm on an iPhone. Based on what you typed, your insurance will be on top of this.
The grammar was fine. I appreciate you taking the time to type all of this on a phone. And, I appreciate the insight into how it may play out. Never been in anything like this before. I think we are at point 2, as the attorney made demands of my insurance company, and my insurance company denied making any payment to him. So, either he goes away or things progress.
Car #1 is A CON ARTIST trying to make a few bucks off of you! Simple as that.
I am trying not to think this. I am. But I was in a car that was totaled, and I didn't have 16k in medical bills. But, who knows, maybe it is legit...the one that got me was the car seat. While there may have been damage to the bumper or behind, there was no sign of any impact or crumpling, so I am not sure how in the world a car seat was damaged.
But, at this point, my insurance company categorically refused to pay anything. So, if they were hoping to get paid to go away, that didn't happen.
One of the most frustrating things about auto insurance is that we have 51 different sets of laws and regulations in the U.S. I am a licensed agent in Georgia, so I can't speak to your exact situation (unless you happen to be in Georgia).
First of all, I'm very sorry that you're having to deal with this....BUT, I'm very thankful that you weren't injured! I need a little clarification, and I apologize if you explained this and I missed it- Car #3 was found at-fault during arbitration with Car #1's insurer, correct? Did Car #3's insurance, since the driver was determined at-fault in arbitration, pay a claim to Car #1?
I have represented nine different insurance companies as an Independent Agent. Situations like this happen and, even if your insurer pays to make this go away, I have not seen a company consider it a 'chargeable' claim. In other words, it is unlikely that your insurance company will consider this an at-fault claim if they decide to pay. Hopefully, your attorney will make it go away and that is the most common result in this type of situation.
I commend you for carrying significantly higher than state minimum liability requirements. There are far too many drivers on the road with only state minimums or with no insurance at all. Georgia requires 25/50/25 (Bodily Injury of $25k per person up to $50k per accident and Property Damage of $25k) but I carry 500/500/100 Liability AND the same amount for Uninsured and Underinsured Motorist. You never know what's going to happen.
Try not to stress about it and let you insurance company and the attorney they hire (or assign, if they employ their own attorneys) deal with this as much as possible! Please let us know how it turns out.
I am trying not to think this. I am. But I was in a car that was totaled, and I didn't have 16k in medical bills. But, who knows, maybe it is legit...the one that got me was the car seat. While there may have been damage to the bumper or behind, there was no sign of any impact or crumpling, so I am not sure how in the world a car seat was damaged.
But, at this point, my insurance company categorically refused to pay anything. So, if they were hoping to get paid to go away, that didn't happen.
You are supposed to dispose of a car seat after a moderate to severe accident, I'm guessing they are being overly cautious (if it weren't for the high medical claim I'd say they were just trying to be made whole, I certainly would be swapping out a car seat after a wreck, and if I was hit I'd certainly expect the at fault party to foot the bill (obviously a different situation than this whole mess)).
Sorry about your wreck OP, looking forward to hearing about your insurance company tells by car #1 to pound sand.
One of the most frustrating things about auto insurance is that we have 51 different sets of laws and regulations in the U.S. I am a licensed agent in Georgia, so I can't speak to your exact situation (unless you happen to be in Georgia).
First of all, I'm very sorry that you're having to deal with this....BUT, I'm very thankful that you weren't injured! I need a little clarification, and I apologize if you explained this and I missed it- Car #3 was found at-fault during arbitration with Car #1's insurer, correct? Did Car #3's insurance, since the driver was determined at-fault in arbitration, pay a claim to Car #1?
I have represented nine different insurance companies as an Independent Agent. Situations like this happen and, even if your insurer pays to make this go away, I have not seen a company consider it a 'chargeable' claim. In other words, it is unlikely that your insurance company will consider this an at-fault claim if they decide to pay. Hopefully, your attorney will make it go away and that is the most common result in this type of situation.
I commend you for carrying significantly higher than state minimum liability requirements. There are far too many drivers on the road with only state minimums or with no insurance at all. Georgia requires 25/50/25 (Bodily Injury of $25k per person up to $50k per accident and Property Damage of $25k) but I carry 500/500/100 Liability AND the same amount for Uninsured and Underinsured Motorist. You never know what's going to happen.
Try not to stress about it and let you insurance company and the attorney they hire (or assign, if they employ their own attorneys) deal with this as much as possible! Please let us know how it turns out.
HI, thanks for taking the time to answer. I am in CA.
The arbitration involved my insurance company. They went after the insurance company for car #3. It never occurred to ask me if the insurance company for car #1 was part of that or not.
Thanks also for the info on the "at-fault" as that is my biggest concern. I am able to afford the coverage I have because I have NO at fault accidents on my record, ever. I was concerned that this could become one and make the coverage I have REALLY expensive. I have the 100/300/??? I don't remember the 3rd one. I know I should. And I think I have the one under for the uninsured/underinsured.
You are supposed to dispose of a car seat after a moderate to severe accident, I'm guessing they are being overly cautious (if it weren't for the high medical claim I'd say they were just trying to be made whole, I certainly would be swapping out a car seat after a wreck, and if I was hit I'd certainly expect the at fault party to foot the bill (obviously a different situation than this whole mess)).
Sorry about your wreck OP, looking forward to hearing about your insurance company tells by car #1 to pound sand.
They have already told the attorney to pound sand, so to speak. They told them that the same day. Another adjuster looked it over, found no validity to a claim that I was at all at fault and had already spoken with Car#1 attorney by time I even talked to them.
I didn't know that about the car seat. Although I am still not convinced it was even a moderate accident for him. His car had no visible damage and he admitted that the impact didn't move his car forward at all. His car was a LOT taller than mine and it was not the impact but his bumper/trailer hitch that ate my car. And, my issue is not the idea that he wants the at-fault party to pay...my issue is that I am not that party and he STILL wants me to pay. Jerk. But, I can see why he would be frustrated if this still hasn't been settled, as he was the one who was rear ended and hit no one else, so he is the one most obviously not at fault for a thing.
This is a little confusing, I admit. But I will try to keep this as short and clear as possible.
I was involved in a 3 car accident. I was the middle car. Car #1 was stopped at a light. I, Car#2, stopped behind him. Car #3 decided not to stop. Hit me VERY hard. I was pushed into the car in front of me. Mr car was totaled.
Car #3 tried to claim that she was not at fault for both collisions (she admitted to hitting me) and claimed that I hit Car #1 first. Car #1, in his recorded statement confirmed that there was only one impact. My insurance found me to have NO responsibility for the accident, as I was stopped a reasonable distance from the vehicle in front of me and that it was inertia, and not being stopped too close, that caused the impact with the car I hit. Car #3 fought this, refused to pay and it went to arbitration. In arbitration, car #3 was found to be completely at fault and I was found to have zero liability.
yesterday, my insurance company informed me that they had received a demand letter from an attorney representing Car #1. They reached out to the attorney and my insurance company is saying he didn't even have a good answer as to why he thinks I (and they) are liable. Another, higher level adjuster also looked over the evidence and agrees that I am not at fault. They sent back paperwork letting them know they are refusing the claim. When they told the attorney this, he said they were going to pursue their options and may sue. Fine.
My questions, preferably anyone who either is in insurance or has been through this...
1. How involved will I be if there is a lawsuit? I was essentially told I would be served, if there is one, and that I send the paperwork to the insurance company and they deal with it.
2. As my company has already found me not at fault, what happens if, by some fluke, they sue and recover? I am not worried about it costing me anything as my coverage is WELL above the claim he is making...but will I then end up with an "at fault" accident and the insurance rate increase to go with it?
Sorry if this was confusing and thanks in advance...
I was also the middle car in a 3 car accident; my car was totaled and I was injured, don't know the extent of my medical bills yet, it's been less than 2 weeks, but I assume they will be substantial.
If you don't mind me asking, how long did it take your insurance company to pay out your bills?
I am fortunate in that I keep an emergency fund for unexpected life events, but I hate to see it depleted due this accident.
I was also the middle car in a 3 car accident; my car was totaled and I was injured, don't know the extent of my medical bills yet, it's been less than 2 weeks, but I assume they will be substantial.
If you don't mind me asking, how long did it take your insurance company to pay out your bills?
I am fortunate in that I keep an emergency fund for unexpected life events, but I hate to see it depleted due this accident.
So sorry to hear about your accident. I was injured, but not badly, so I was not in as much emotional stress as you are. But, to answer your question, once I started going through my insurance and stopped trying to get the 3rd car's insurance to do the right thing, it was fairly quick. I had the total loss payment for my car within a week and the medical bills I submitted to them were also paid quickly...
I also ended up using my own health insurance and as far as I know, as it was a claim, my doctor is requesting reimbursement for the full cost, but this is going to the insurance of the other involved driver, the one at fault. I know I was told at the time that if I make it clear I am seeing the doctor for something that is part of an accident claim, some doctors will be willing to take payment later.
I hope this helps. The situation is not fun.
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