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Old 01-09-2018, 05:44 AM
 
Location: Ft. Myers
19,719 posts, read 16,881,808 times
Reputation: 41864

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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.

Absolutely. This only happened yesterday, so why are you so sue happy ? Let the insurance company and your friend work it out. The person admitted guilt, has insurance, so that is how you handle it, no one jumps the gun and sues just because they think they should.

This is why the courts are as clogged up as they are. (Plus, you are sticking your nose where it doesn't belong)
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Old 01-09-2018, 09:47 AM
 
Location: Wonderland
67,650 posts, read 61,099,822 times
Reputation: 101095
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.
This exactly - why sue someone if the other driver has insurance? The insurance company should pay all her expenses.
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Old 01-09-2018, 09:52 AM
 
Location: Wonderland
67,650 posts, read 61,099,822 times
Reputation: 101095
Quote:
Originally Posted by ClaraC View Post
I don't know what insurance company is handling this, but if you're hit by someone with USAA, they will be fair. You're covered. Other insurance companies might lowball. Depending.
I can vouch for this.

Hey, I rear ended someone once - it was my fault basically, even though they slammed on their brakes because of something several cars in front of them and I didn't have time to stop. Their car was totaled between the two cars. I had USAA insurance (still do). They handled everything from start to finish. My premiums went up a bit for a few years but dropped back down after I had no other accidents.

I didn't have to do a thing and thankfully no one was injured and no one sued me.
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Old 01-09-2018, 10:32 AM
 
Location: Watervliet, NY
6,915 posts, read 3,966,383 times
Reputation: 12876
Quote:
Originally Posted by KathrynAragon View Post
I can vouch for this.

Hey, I rear ended someone once - it was my fault basically, even though they slammed on their brakes because of something several cars in front of them and I didn't have time to stop. Their car was totaled between the two cars. I had USAA insurance (still do). They handled everything from start to finish. My premiums went up a bit for a few years but dropped back down after I had no other accidents.

I didn't have to do a thing and thankfully no one was injured and no one sued me.
If you didn't have time to stop, than you were following too closely. So it clearly WAS your fault. No "even though" about it. This is why it is important to leave several car lengths between you and the car in front of you.
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Old 01-09-2018, 10:32 AM
 
Location: NYC
16,062 posts, read 26,778,607 times
Reputation: 24849
Quote:
Originally Posted by ClaraC View Post
I don't know what insurance company is handling this, but if you're hit by someone with USAA, they will be fair. You're covered. Other insurance companies might lowball. Depending.
Even if an insurance company low-balls they will refer you to a place you can get the car fixed for the estimate they give.
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Old 01-09-2018, 01:49 PM
 
1,454 posts, read 1,498,454 times
Reputation: 1843
That's why you buy insurance. If other party doesn't pay, your's pay. You let the insurance companies battle it out if they think it's worthwhile in arbitration, but you don't have to worry about it.
No one but attorneys win a court battle.
Even when you win you loose.
90pct of America has no money. So you can win the judgement, but you don't get paid.
However your attorney will probably want some money from you.
So in fact you may loose this battle 2-3-4 times.
You loose your car, you loose money to the attorney, you loose your time and patience.
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Old 01-09-2018, 02:09 PM
 
Location: Finally the house is done and we are in Port St. Lucie!
3,487 posts, read 3,349,589 times
Reputation: 9914
I think about those ambulance chaser commercials. They really are hurting us. What those commercials don't tell you is that they are basically suing the insurance companies to try to get more money from the insurance companies.

The other driver really doesn't get sued, they may be dragged into the suit but the driver by themselves don't get sued.

All this does is drive up the cost of insurance to the rest of us.

It's all a scam. Don't sue.
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Old 01-09-2018, 04:50 PM
 
37,315 posts, read 59,965,938 times
Reputation: 25342
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 ?
This is more about you being judged right
Not your business
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Old 01-09-2018, 07:31 PM
 
16,825 posts, read 17,763,236 times
Reputation: 20853
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 ?
Sue them for what? She has insurance. She was rear ended. Her insurance company will collect on her behalf from his insurance company. Even if something bizarre happens, and he has no insurance hers will pay assuming she has collision. That is literally what insurance is for. Why would she need to sue? And why would she need to waste money on a lawyer, especially at this early stage? So yes, advising someone to pay for a lawyer before the insurance company does its part is bad advice.

I have had my car rear ended 3 times since I started driving 25 years ago and never had to sue anyone to cover the damages because the insurance company collects for you.
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Old 01-11-2018, 06:39 PM
 
469 posts, read 399,344 times
Reputation: 1810
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!

Exactly! No need to go all sue-happy. I think maybe you and your husband don't know what you are talking about. If the other guy's insurance refuses to pay, then HER insurance company will sue HIS insurance company. This is their job, and why we pay insurance premiums!
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