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Old 04-23-2010, 08:06 AM
 
34 posts, read 82,488 times
Reputation: 15

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This happened at the Cunningham Park Elementary school on 4/16/10.

I was dropping off my daughter at her morning program when the SUV in front of me that already dropped off her kids backed up into my car instead of driving forward (I still think it was an accident). The Vienna police came but they said the school was private property so they can only help us exchange information, but won't make a report or determine fault.

The driver has a Maryland license and is insured by the Maryland Automobile Insurance Fund, but she lives in Vienna Park Apartments. She doesn't speak English well, but I understood before the police came that she wanted to pay $200 and settle it personally.

After we exchanged info and went to work, I filed a report with my insurance carrier. The information she filled out on the form provided to us by the police turned out to be wrong(She wrote All State as the insurance carrier), so I couldn't file a claim with her insurance then.

A few hours later, I got a call from my insurance carrier saying that she claimed I ran into her. I did a recorded statement. A week has gone by. They have yet to get a recorded statement from her. I haven't heard from her insurance carrier although I was able to file a clam and assess the damage (around $1700).

I stood outside the school asking for witnesses on Monday and Tuesday to no avail. The insurance adjuster from my insurance carrier said that if she can't get a statement, and if I can't get a witness, she'll have to go with the other driver's initial claim. I'll have to pay $500 for a mistake I didn't cause!

Is it worth it to have attorneys involved? My daughter was in the car with me, but she's under 18 and I can't use her as a witness. Why is a public school private property? Unfortunately the school doesn't have a surveillance camera.

Is there anything I should do?? Has something similar happened to you? Have you dealt with MAIF(maryland automobile insurance fund)? They don't seem to return your calls.
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Old 04-23-2010, 08:21 AM
 
Location: Maine
2,010 posts, read 2,699,969 times
Reputation: 2752
I am so sorry this happened to you. Some people around here should NOT be licensed to drive. (I nearly got sideswiped this morning by a woman in a huge SUV this morning as I dropped off my student for school. She had the entire width of a street to pass me, but she could not be bothered to steer correctly.)

I don't understand why the police said a public school drop-off lane is private property, either. And why does she have Maryland plates on her vehicle if she lives in Vienna?

Hopefully someone will have a good idea about what to do...
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Old 04-23-2010, 08:34 AM
 
Location: Fairfax
8 posts, read 38,290 times
Reputation: 12
looking up MAIF, it seems it is for folks who can't buy regular car insurance. That is a big red flag. I doubt you will get any compensation from this woman. Also, the police did not make a report of whose fault it is so it is her word against yours. Why would your insurance carrier force you to pay for damages without any "evidence" e.g. police report, witnesses?
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Old 04-23-2010, 08:40 AM
 
Location: Chapel Hill, NC, formerly DC and Phila
8,555 posts, read 12,613,293 times
Reputation: 8310
She doesn't drive a Mercedes by any chance, does she? We had something happen in the Town of Vienna with a similar story.
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Old 04-23-2010, 08:50 AM
 
10,595 posts, read 12,079,209 times
Reputation: 6449
Quote:
Originally Posted by sportrider90 View Post
looking up MAIF, it seems it is for folks who can't buy regular car insurance. That is a big red flag. I doubt you will get any compensation from this woman. Also, the police did not make a report of whose fault it is so it is her word against yours. Why would your insurance carrier force you to pay for damages without any "evidence" e.g. police report, witnesses?
Yep, MAIF is where you go when you are a really bad driver and regular insurance won't take you. You must be insured to drive, Maryland forces all insurance companies to take on a certain percentage of MAIF drivers.

Without someone being ticketed for the accident I don't know how you can be forced to pay for her damages. What will probably happen, if you can't find a witness, is that your insurance will have to pay for your damages.
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Old 04-23-2010, 08:52 AM
 
34 posts, read 82,488 times
Reputation: 15
She drives a 99 Mitsubishi Montero Sport. Maryland license plate. Michgc, how did the story end?
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Old 04-23-2010, 09:03 AM
 
1,182 posts, read 2,535,362 times
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Who told you that your daughter couldn't act as a witness?
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Old 04-23-2010, 09:03 AM
 
34 posts, read 82,488 times
Reputation: 15
Quote:
Originally Posted by mississippimagnolia View Post
Who told you that your daughter couldn't act as a witness?
The insurance adjuster said she's under 18 and can't act as a witness...
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Old 04-23-2010, 09:05 AM
 
Location: Chapel Hill, NC, formerly DC and Phila
8,555 posts, read 12,613,293 times
Reputation: 8310
Quote:
Originally Posted by kt543 View Post
She drives a 99 Mitsubishi Montero Sport. Maryland license plate. Michgc, how did the story end?
Well, our story is a bit different in that most of the damage was on HER car. She insisted on getting it towed; rented a car for about a month, and managed to work the system very well despite her lack of English.

My husband actually called the police because this woman turned in front of him - he never in a million years thought she would not own up to it. Instead she called him a liar. Husband got a citation. He went to court and the judge threw it out when my husband provided pictures that he took showing that her story made no sense.

Regardless, because he got the citation, our insurance company immediately agreed to pay for her car damage. (Our damage was minimal - under $200, I believe). This happened last summer. A few weeks after what really was a fender bender on a residential street, she started seeing a doctor for aches and pains! Her lawyer recently presented a request for medical damages from our insurance company, which they are now fighting. We are not really involved. We just wish our insurance company wasn't so quick to accept the blame on my husband. I imagine they'll negotiate and she'll get some compensation. So far our insurance bill hasn't gone up, but maybe it will after the medical damage is settled - I'm not sure. He has a good driver record, so this is a first.

I cannot stand liars and I kept giving her the benefit of the doubt that maybe, just maybe she really believed what happened. There are two sides to every story, and people do see things differently. But when she insisted on a tow truck (for a dented car door?), went to the dealer's multiple times, insisted something on her car no where near the accident point was from the accident, had a rental car for a month, repeatedly called my husband a liar, claimed medical problems, and showed a huge dent on the other side of the car a mere month or so after my husband's accident with her (another supposed accident that wasn't her fault?), I stopped playing devil's advocate. Hopefully, our insurance company will fight hard for the medical claim. I don't want to see her get another dime.
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Old 04-23-2010, 09:07 AM
 
Location: Chapel Hill, NC, formerly DC and Phila
8,555 posts, read 12,613,293 times
Reputation: 8310
Quote:
Originally Posted by kt543 View Post
The insurance adjuster said she's under 18 and can't act as a witness...
I'm not a lawyer and I don't play one on tv but I was a juror in a murder trial and there were two girls under 10 who were witnesses. Sure they may not be as credible as an adult, but I don't know why she can't be considered a witness.
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