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Summary: In an auto accident, car will not drive, at fault party insurance denied claim, my insurance won't help with anything; what the hell do I now?!
Story so far:
Thirty days ago I was in a car accident.
Since the insurance company I've been dealing with, Liberty Mutual, has denied liability to a car accident that was clearly their client's fault. There is a substantial amount of evidence against the other driver. Unfortunately I do not have collision coverage, but instead I have "liability only" coverage (just learned of this recently). My insurance company, Mercury Indemnity, says that since I only have this type of coverage they say I'll have to pursue LM on my own dime. Also they will not assist me in paying the rental vehicle.
THEY GAVE ME MIXED MESSAGES CONCERNING THIS WHOLE MESS!!!
My car was completely damaged and cannot be driven; fortunately, I wasn't injured. It was a 2000 Mitsubishi Galant. I had to obtain a rental vehicle to drive back and forth from Dacula to Alpharetta and vice versa. The kbb value for my vehicle is less than $1000. Today is the last day that I can have that rental vehicle.
Now I only see I have three options at this point:
1. Do I sue Liberty Mutual in court?
Should I hire a Lawyer?
Can either of you provide attorneys who work for contingent fees in Gwinnett County for property damage cases?
Is it worth it to go down this path considering what was loss?
2. Do I sue the person that caused the accident?
I'm not too sure about this one because if the person has no money to begin with, I'm back at square one and they are ruined financially with a judgement levied against them. I'd only consider this option out of pure contempt for this person; because I feel this would be a waste of time nor is it ideal.
3. Should I just suck up all my losses and just buy a goddamn new car?
The way things look right now the insurance companies aren't helping me at all right now and I can only look after myself. I'll have to take this as a lesson learned and make sure to always have full coverage.
I don't want to buy a used car and end up in the same mess again owing more than what insurance pays. I could be wrong though
On a small note: the way things work with insurance companies, if you are in a car accident and have full or insufficient coverage the only party that benefits is the insurance companies. You'll pay higher premiums regardless of whose at fault or you'll be out of a car, injured, or worse. Seems to promote more careless driving on the road then anything else
PS: Can someone recommend me a better insurance company? Mercury can go F**K itself for all I care now...
Summary: In an auto accident, car will not drive, at fault party insurance denied claim, my insurance won't help with anything; what the hell do I now?!
Story so far:
Thirty days ago I was in a car accident.
Since the insurance company I've been dealing with, Liberty Mutual, has denied liability to a car accident that was clearly their client's fault. There is a substantial amount of evidence against the other driver. Unfortunately I do not have collision coverage, but instead I have "liability only" coverage (just learned of this recently). My insurance company, Mercury Indemnity, says that since I only have this type of coverage they say I'll have to pursue LM on my own dime. Also they will not assist me in paying the rental vehicle.
The accident was clearly the other driver's fault or it was? Liberty mutual is a pretty good insurance company, they usually don't arbitrarily deny claims when their insured is at fault. Was there a police report? If so, what did it say?
Quote:
Originally Posted by CMHOUSE2010
THEY GAVE ME MIXED MESSAGES CONCERNING THIS WHOLE MESS!!!
My car was completely damaged and cannot be driven; fortunately, I wasn't injured. It was a 2000 Mitsubishi Galant. I had to obtain a rental vehicle to drive back and forth from Dacula to Alpharetta and vice versa. The kbb value for my vehicle is less than $1000. Today is the last day that I can have that rental vehicle.
Now I only see I have three options at this point:
It sounds like your car is totaled, bumpers run $500 to $1000.
Quote:
Originally Posted by CMHOUSE2010
1. Do I sue Liberty Mutual in court?
Should I hire a Lawyer?
Can either of you provide attorneys who work for contingent fees in Gwinnett County for property damage cases?
Is it worth it to go down this path considering what was loss?
1.You can hire a lawyer, but you will have a difficult time finding one that will take your case and spend time on it.
2. Most will only accept higher value case.
3.You can always sue in small claims court. You do not have to be an attorney or have one represent you in court. If the wreck was actually the fault of the other driver then you would win if you can prove that you weren't at fault.
Quote:
Originally Posted by CMHOUSE2010
2. Do I sue the person that caused the accident?
I'm not too sure about this one because if the person has no money to begin with, I'm back at square one and they are ruined financially with a judgement levied against them. I'd only consider this option out of pure contempt for this person; because I feel this would be a waste of time nor is it ideal.
1. You file a lawsuit against the person that hit you and possibly their insurance company. The person is liable, but the insurance policy covers them up to the limits of the policy and will represent them in court.
Quote:
Originally Posted by CMHOUSE2010
3. Should I just suck up all my losses and just buy a goddamn new car?
The way things look right now the insurance companies aren't helping me at all right now and I can only look after myself. I'll have to take this as a lesson learned and make sure to always have full coverage.
I don't want to buy a used car and end up in the same mess again owing more than what insurance pays. I could be wrong though
1. If you can afford a new (or used) car then I would spring for one. You are probably going to end up buying a new car anyway, usually when a low value car is in a wreck the car is considered a total loss. I don't know how badly the car is damaged though, but if it isn't running then it is anybody's guess how much it would cost to repair.
2. That can happen even with new cars - probably more often with new cars because of depreciation.
Quote:
Originally Posted by CMHOUSE2010
On a small note: the way things work with insurance companies, if you are in a car accident and have full or insufficient coverage the only party that benefits is the insurance companies. You'll pay higher premiums regardless of whose at fault or you'll be out of a car, injured, or worse. Seems to promote more careless driving on the road then anything else
PS: Can someone recommend me a better insurance company? Mercury can go F**K itself for all I care now...
ALL POST ARE GREATLY APPRECIATED!!
Allstate is good, but expensive. Progressive, Farmer's, and State Farm are good. Amica (sp) is supposed to be pretty decent, but I haven't dealt with them before.
The accident was clearly the other driver's fault or it was? Liberty mutual is a pretty good insurance company, they usually don't arbitrarily deny claims when their insured is at fault. Was there a police report? If so, what did it say?
DRIVER 3 WAS STOPPED ON HARBINS RD IN THE NORTHBOUND LANES JUST SOUTH OF ALCOVY
RD. VEHICLE 2 WAS ALSO STOPPED DIRECTLY BEHIND VEHICLE 3. VEHICLE 1 WAS APPROACHING
VEHICLE 2 IN THE NORTHBOUND LANE.
DRIVER 1 STATED SHE TRIED TO STOP BUT COULD NOT IN
TIME AND RAN INTO THE REAR PORTION OF VEHICLE 2 WHICH CAUSED HIM TO RUN INTO THE
REAR PORTION OF VEHICLE 3.
DRIVER 1 ALSO STATED SHE WAS STRUCK FROM BEHIND BY A
DARK IN COLOR PASSENGER CAR BUT THERE WAS NO EVIDENCE ON THE REAR PORTION OF
VEHICLE 1 TO SUPPORT HER STATEMENT. SHE STATED THE DARK IN COLOR PASSENGER CAR FLED
THE SCENE AFTER MAKING CONTACT WITH HER VEHICLE.
DRIVER 2 STATED HE WAS STOPPED AND WAS STRUCK FROM BEHIND BY VEHICLE 1 WHICH CAUSED HIM TO LUNGE FORWARD
HITTING THE REAR OF VEHICLE 3. DRIVER 3 STATED SHE WAS STOPPED AND WAS STRUCK FROM
BEHIND BY VEHICLE 2.
NO INJURIES WERE REPORTED TO ME WHILE I WAS ON SCENE.
DRIVER 1 WAS AT FAULT FOR THE ACCIDENT AND WAS CITED FOR FOLLOWING TOO CLOSE
I'm Driver 2. Driver 1 alleges that she was struck from behind by a another vehicle. There is no evidence supporting their claim. Plus the roads were wet at the time.
1) I'm not a lawyer but I would have assumed driver 2 was also at fault for being too close behind driver 3, such that when the car driver 2 was occupying was hit by driver 1, it bounced into driver 3.
2) You state you did not have collision coverage (i.e. comprehensive) - you only had liability coverage. This choice allowed you to pay less in premiums than had you had collision coverage. However, once in an accident, it appears you want the benefits of collision coverage (i.e. replacement vehicle or FMV of car).
3) You claim you "just learned of this recently" - the switch from collision to liability. Insurance companies send out every six months statements of benefits that list dollar for dollar exactly what they cover and under what conditions. You can access this 24/7 online via Liberty Mutual's website.
It's a tough financial situation you're in, but I don't see a lot of legal remedies to you. You played the dice and it came up short. Best of luck going forward!
DRIVER 2 STATED HE WAS STOPPED AND WAS STRUCK FROM BEHIND BY VEHICLE 1 WHICH CAUSED HIM TO LUNGE FORWARD
HITTING THE REAR OF VEHICLE 3. DRIVER 3 STATED SHE WAS STOPPED AND WAS STRUCK FROM
BEHIND BY VEHICLE 2.
NO INJURIES WERE REPORTED TO ME WHILE I WAS ON SCENE.
DRIVER 1 WAS AT FAULT FOR THE ACCIDENT AND WAS CITED FOR FOLLOWING TOO CLOSE
I'm Driver 2. Driver 1 alleges that she was struck from behind by a another vehicle. There is no evidence supporting their claim. Plus the roads were wet at the time.
It sounds like a multi car pile up, I was in a situation like that once. Usually, you pay for the damage you caused and the person that rear ended you pays for the damage they caused. GA is a proportional comparative fault state though, so unless you were at fault for 50% or more you should receive compensation.
This is my interpretation, but take it with a grain of salt because I don't work in insurance.
Driver 1 may not be liable for any damages driver 2 inflicted to driver 3's rear bumper, but would be liable for damages to driver 2's rear bumper. Driver 2 would be liable for their front end damages and driver 1 would be liable for any front end damages to their car.
At the very least you should get compensation for your rear bumper and considering the low value of the car that should push the car into total loss territory. Once a car is deemed a total loss the insurance company just buys the car from you.
Ex: If the car is valued at $1000 and the bumper repair is estimated $750 the insurance company will usually pay the $750, take the car and sell the car at a salvage yard.
I would look for a new car, but keep hounding the insurance company or call the insurance commission. Small claims court is an option as well, it's going to be cheaper to settle your claim than to go to court for the ins company.
1) I'm not a lawyer but I would have assumed driver 2 was also at fault for being too close behind driver 3, such that when the car driver 2 was occupying was hit by driver 1, it bounced into driver 3.
2) You state you did not have collision coverage (i.e. comprehensive) - you only had liability coverage. This choice allowed you to pay less in premiums than had you had collision coverage. However, once in an accident, it appears you want the benefits of collision coverage (i.e. replacement vehicle or FMV of car).
3) You claim you "just learned of this recently" - the switch from collision to liability. Insurance companies send out every six months statements of benefits that list dollar for dollar exactly what they cover and under what conditions. You can access this 24/7 online via Liberty Mutual's website.
It's a tough financial situation you're in, but I don't see a lot of legal remedies to you. You played the dice and it came up short. Best of luck going forward!
1. Driver 2 (ME) was at a "safe distance" from Driver 3. Safe means bumper, license plate of, and the ground beneath the vehicle between the tires was visible. Yes I am aware this can be argued in court what directly behind truly means in this case. If I was pushed by Driver 3 into Driver 1, isn't it still Driver 3 fault? In a court of law my case holds the most water it seems, logically speaking. Plus she has no evidence that a fourth car hit her, can she be penalized for that?
2. and 3. About my coverage, I was under my parent's policy so they explained to me that there is no reason to keep full coverage on a vehicle that's paid in full. So they switched that vehicle over to liability only to pay less. Of course I assisted in monthly premium payments.
Liberty Mutual is the woman's insurance company that hit me.
Mercury Indemity is my sorry-ass insurance company.
When I say recently learned this, I mean I just learned the difference between full coverage and others. If I had a used car I was still paying off and it was worth less than what I paid then I eat that cost. If I had a newer vehicle from the lot, totalled, insurance pays what they think it's worth and GAP covers the rest... I believe that's right.
In this case I had liability only coverage due to GA's law that everyone must have insurance. I now see in this case I was better off without it because I don't get jack squat for having it. AND I'M a safe responsible driver.
I also see that anything less than comprehensive/full coverage is just plain WORTHLESS.
Lesson learned.
I would look for a new car, but keep hounding the insurance company or call the insurance commission. Small claims court is an option as well, it's going to be cheaper to settle your claim than to go to court for the ins company.
Who do I take to small claims court? At fault driver or the insurance company?
Who do I take to small claims court? At fault driver or the insurance company?
The driver. S/he hit you and is liable, the insurance company simply covers him/her and would probably show up in court or settle. You can always call your insurance company for tips, they can help guide you through the process.
Don't be too hard on yourself. You're still young and learned quite a few lessons from this.
I wouldn't say that insurance is "worthless" - insurance is peace of mind in case something happens. If you have the funds to replace you car because it's a beater - then you don't need to get full coverage (and you should use the savings from insurance into a rainy day fund for a car). If you don't have the funds to get a used car - then you should pay more for insurance so that you're not left into a pickle. This was just a car. Think if it was your house.
When you have a mortgage - you have to get homeowner's insurance - and it's expensive - but it protects you in a fire/tree fall onto the roof etc. But once your house is paid off - you can make a decision: do I still want to pay monthly premiums for insurance or do I want to save the money and take the risk nothing will happen. 85% of the time nothing probably will happen. But if your house burns down, or a monster tree crashes into it, if you didn't have the "full coverage" you would be out 200K plus, not just $1,000. Is insurance a scam, not at all? You get to pick what coverage you think you'll need/and the risk you want to take. The lesson is really in knowing what you're signing up for.
Consider yourself a little wiser for the wear - but keep that chin up and keep keeping on...
The driver. S/he hit you and is liable, the insurance company simply covers him/her and would probably show up in court or settle. You can always call your insurance company for tips, they can help guide you through the process.
My insurance company said they would not be able to advise to that extent... would I talk to my agent/adjuster about it?
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