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Old 01-08-2018, 03:08 PM
 
Location: Texas
13,480 posts, read 8,434,568 times
Reputation: 25958

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In my state, the insurance companies must handle it (if the drivers have insurance). No lawsuit is necessary in that case.
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Old 01-08-2018, 03:31 PM
 
Location: Richmond VA
6,886 posts, read 7,929,846 times
Reputation: 18230
Quote:
Originally Posted by phonelady61 View Post
Hi my neighbor got rear ended yesterday and she claims that the man told the insurance company it was his fault and that he assured them all would be taken care . She says that she does not take people to court over things because she is a pastor s wife and to do so would go against God . She says God will work it out . I myself think she is living in a wonderland . She nor her husband take people to court . I think this one might be an eye opener for her and if the insurance company decided not to pay wonder what she will do then ? I told to see a lawyer she says no . They will be without a vehicle if the insurance company decides not to pay . my husband also said to her you really should see a lawyer . Again she said no . Did we not give good advice or is she just being stubborn or just such an evangelist that she does not see clearly ?
If someone rear ends you, it's their fault. Period. Assuming everyone involved HAS insurance, the accident will be covered. Car restored, rental car provided as needed, medical bills paid, etc, according to the terms of the insurance.

You don't get a lawyer until that first plan fails. Maybe they are uninsured, or try to defraud.

This has nothing to do with her 'evangelism'. I'm not even a christian, and I feel basically the same way she does. It will work out. I'm going to let the process unfold. Being overly litigious is irresponsible and immoral.

If everyone who ever got rear ended sued, it would be a strange world indeed!
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Old 01-08-2018, 03:46 PM
 
Location: here
24,873 posts, read 36,251,908 times
Reputation: 32732
A good piece of advice that applies to many situations... mind your own business!
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Old 01-08-2018, 06:25 PM
 
Location: (six-cent-dix-sept)
6,639 posts, read 4,600,135 times
Reputation: 4730
i've been hit 2wice and didnt hire a lawyer. i dont understand the op since it seems it will likely be handled by insurance.
Quote:
Originally Posted by fleetiebelle View Post
I've been rear ended, and it never occurred to me to take anything to court. In a basic situation, the person who rear-ends is at fault--you file a police report and the insurance company takes care of it. There's no need to make it more complicated than that.
?
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Old 01-08-2018, 06:36 PM
 
Location: (six-cent-dix-sept)
6,639 posts, read 4,600,135 times
Reputation: 4730
Quote:
Originally Posted by HokieFan View Post
^^ This - except that there are missing steps between file a police report and the insurance will take care of it.

Your friend needs to file a claim with the guy's insurance company. Presumably, they exchanged insurance information. She needs to call them up and file the claim.

I've been rear ended a couple of times, and I've never had an issue with the other guy's insurance company paying for the repairs and even paying for a rental while it was in the shop. There's certainly no need to automatically jump to filing a lawsuit.

Even if his insurance were to balk, she should file a claim with her insurance and let the two insurance companies duke it out. That's why we pay premiums!
i've been the nice guy that gives the other driver repair quotes to not claim against their insurance. if its below their deductable, they would just pay out-of-pocket. the first time i just kept it since the car was crappy anyways.
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Old 01-08-2018, 06:43 PM
 
Location: (six-cent-dix-sept)
6,639 posts, read 4,600,135 times
Reputation: 4730
Quote:
Originally Posted by Miss Blue View Post
If she is super religious her "yes" means yes and her "no" means no. She said "no" more than once. She is not going to change her mind, and no amount of persuasion will change it.

Just hope the man was telling the truth, but unless there is a police report, there is probably not much she can do about it anyway unless she has the man's name, phone number and Insurance Co. information
is the op's neighbor ned flanders ?:
Quote:
Marge: I'm sure your insurance will cover the house.
Maude: Uh, well, no. Neddy doesn't believe in insurance. He considers it a form of gambling.
Hurricane Neddy/Quotes | Simpsons Wiki | FANDOM powered by Wikia
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Old 01-08-2018, 07:02 PM
 
Location: (six-cent-dix-sept)
6,639 posts, read 4,600,135 times
Reputation: 4730
Quote:
Originally Posted by phonelady61 View Post
wow why so much anger in here just forget it . jeeze we saw her van and we asked her if she was okay and her husband asked my husband what he would do and my husband said to talk to his insurance company first and then if they want to low ball the figure then go see an attorney and then husband said no and she said no .But we did stress the fact that she was saying how the insurance would be fair about it , my husband then said well don't expect that . I was just trying to be a good neighbor and make sure she was alright and that she ended up with a vehicle instead of nothing jeezuz I am astounded at such anger directed at me .
they are affluent enough to own a vehicle; i assume they wont become homeless as a result of a fender-bender.
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Old 01-08-2018, 09:36 PM
 
11,024 posts, read 7,884,123 times
Reputation: 23703
The key word here is "damages." Damages can be to a person or to property that cause monetary expense. If those damages are properly compensated for they no longer exist and there are no grounds for a successful lawsuit. If there are no injuries there are no personal damages. If the other driver or his insurance company pays to properly repair the physical damage to the woman's car no property damage exists. No damages, no lawsuit; it would be interesting if the OP would describe why she thinks suing would be appropriate and what there would be to gain.
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Old 01-08-2018, 11:21 PM
 
Location: Washington state
7,048 posts, read 4,941,818 times
Reputation: 22027
Although usually the person who rear ends someone is the one at fault, I was told (haven't verified it yet) that in the state of Washington, if you rear end someone and they don't have insurance, the accident is considered their fault.

Sounds weird, but my friend swears it's true.
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Old 01-08-2018, 11:31 PM
 
Location: Somewhere in America
15,479 posts, read 15,684,167 times
Reputation: 28464
Quote:
Originally Posted by phonelady61 View Post
Hi my neighbor got rear ended yesterday and she claims that the man told the insurance company it was his fault and that he assured them all would be taken care . She says that she does not take people to court over things because she is a pastor s wife and to do so would go against God . She says God will work it out . I myself think she is living in a wonderland . She nor her husband take people to court . I think this one might be an eye opener for her and if the insurance company decided not to pay wonder what she will do then ? I told to see a lawyer she says no . They will be without a vehicle if the insurance company decides not to pay . my husband also said to her you really should see a lawyer . Again she said no . Did we not give good advice or is she just being stubborn or just such an evangelist that she does not see clearly ?
I'd mind my own business. She's an adult and can handle the accident as she sees fit. As long as she isn't doing anything illegal, what do you care? It wasn't your car or your accident.
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