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Old 05-20-2019, 02:45 PM
 
3 posts, read 3,092 times
Reputation: 25

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Hello all,

I am new here, I was recommended to this forum by a friend.

I need your help or advice.

I received a letter from a lawyers office stating I am being sued by All State for a car accident that occurred last year. Last year I was involved in a car accident where the cop did not recognize anyone as fault on the police report. Both cars was repaired.

Now Allstate is stating I was a fault for the accident: Failure to Yield. I totally disagree with their judgment labeling me at fault. Allstate is planning to serve me with court papers soon.

I am completely confused, afraid, and I am not sure what to do next. I do not have a lot of money to afford a lawyer as well.

Any recommendations or advice would be great.

Thank you,

 
Old 05-20-2019, 02:47 PM
 
18,845 posts, read 13,587,446 times
Reputation: 14261
Did you open a claim with your insurance company? Did you talk to your agent? If not you should call them
 
Old 05-20-2019, 03:02 PM
 
3 posts, read 3,092 times
Reputation: 25
It was a rental car I was driving at the time, and I was not listed as a driver in the insurance. I didn't own a car at the time so no I did not have insurance.
 
Old 05-20-2019, 03:07 PM
 
Location: The Triad (NC)
28,482 posts, read 62,084,629 times
Reputation: 32131
Quote:
Originally Posted by momtrynasurvive View Post
I am completely confused
The police chose to not ticket you (prosecute at the criminal level)...
but the insurance companies are still able to sue civilly.


Contact your insurance company.
 
Old 05-20-2019, 03:08 PM
 
9,418 posts, read 7,067,523 times
Reputation: 12176
1) Lawyer.


2) You were driving a rental car.. How did you pay for the rental car? I'm confused at the 'not listed as a driver' part.. Are you saying that someone else rented the car, got the supplemental insurance, but didn't list you as a driver?

How was the rental car repaired?

In a situation like this.. Generally what would happen is that your insurance company and the other insurance company would figure out who was at fault.. Based on your description.. You have noone to fight for you.. So, that's where a lawyer comes in. You'll need one.

Sounds like allstate repaired other party's vehicle under Uninsured motorist coverage and now they're coming after you to recoup.
 
Old 05-20-2019, 03:13 PM
 
11,922 posts, read 21,503,013 times
Reputation: 11694
Quote:
Originally Posted by momtrynasurvive View Post
It was a rental car I was driving at the time, and I was not listed as a driver in the insurance. I didn't own a car at the time so no I did not have insurance.
Wow I guess personal responsibility just doesn't mean anything to you, does it?
 
Old 05-20-2019, 03:26 PM
 
374 posts, read 84,449 times
Reputation: 741
Moral of the story, buy proper insurance and buy enough insurance to cover one's behind.
 
Old 05-20-2019, 03:56 PM
 
Location: Aurora Denveralis
8,561 posts, read 3,001,676 times
Reputation: 12765
1) Lawyer.
2) Lawyer.
3) Lawyer.
4) Lawyer.
5) Lawyer.

Distant #6: Whose insurer was Allstate?

Even more distant #7: Are you sure this is a legitimate claim? There is a whole field of borderline scam artists who try to collect damages from long-ago accidents, and get people to pay their demands without really verifying the legitimacy of the claim. (I've gotten two very aggressive, threatening such claims over the years... both from states I'd never set foot or wheel in. It's funny how the words "bar association" will make these slimers backpedal until the carpet smokes.)

But 8... Lawyer. This could have huge financial repercussions for you if not handled correctly.
 
Old 05-20-2019, 03:57 PM
 
Location: Aurora Denveralis
8,561 posts, read 3,001,676 times
Reputation: 12765
Quote:
Originally Posted by mikefong123 View Post
Moral of the story, buy proper insurance and buy enough insurance to cover one's behind.
The OP did not have a car or insurance. First guess is that the rental company's insurance is the responsible party, if there is any valid claim at all.
 
Old 05-20-2019, 04:04 PM
 
242 posts, read 87,967 times
Reputation: 544
Quote:
Originally Posted by Quietude View Post
The OP did not have a car or insurance. First guess is that the rental company's insurance is the responsible party, if there is any valid claim at all.



Maybe I read it wrong, but I thought she wasn't named as a driver? So the insurance wouldn't have covered her accident.



Quote:
It was a rental car I was driving at the time, and I was not listed as a driver in the insurance. I didn't own a car at the time so no I did not have insurance.
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