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    justme99336's Avatar
    justme99336 Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Dec 17, 2011, 07:41 PM
    Who is at fault?
    My friend and I were hit by a semi truck. The semi's insurance stated that since it was cut off by an unknown SUV, they won't pay for fixing my friend's car or any of the injuries we got from this. They said that we have to file for a phantom driver accident.

    How can the semi-truck truck driver's insurance say they were not liable? They rear ended us. Is there something else that can be done?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
    		  
    #2

    Dec 17, 2011, 08:04 PM
    Who got the ticket? Have you contacted your own insurance company about this accident?

    You may need to retain a good personal injury attorney to handle this matter for you if you are not getting anywhere with the semi's insurance carrier.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Dec 17, 2011, 08:57 PM
    They can say that because they don't want to pay. So, you file a claim with your insurer. They will deal with the other insurer.

    Were the police called? A report made? Did an investigator check the other driver's story? It may be necessary to file suit against the other driver and his carrier, but your carrier should handle that.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 17, 2011, 09:01 PM
    It is called lying and hoping they can get by with it.
    Many, many companies refuse payment the first time they get a claim.
    That is why you turn it over to your insurance, get paid your claim and allow your insurance to sue the other company.
    justme99336's Avatar
    justme99336 Posts: 3, Reputation: 1
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    #5

    Dec 18, 2011, 10:14 AM
    My friend didn't get a ticket, but we don't know about the trucker. My friend contacted her insurance. They're paying for personal injury.

    The police came and a report was made.

    Thanks everyone.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Dec 18, 2011, 10:36 AM
    Quote Originally Posted by justme99336 View Post
    ... My friend contacted her insurance. They're paying for personal injury. ...
    How much are they paying for? Medical expenses? Pain an suffering?

    And what about repair of her vehicle? Is this being paid?

    If the PI isn't being adequately paid, or the vehicle damage, consider filing suit.
    justme99336's Avatar
    justme99336 Posts: 3, Reputation: 1
    New Member
    		  
    #7

    Dec 18, 2011, 10:40 AM
    My friend's insurance is paying $10,000 per person. The other company refuses to fix her car or give us anything else. My friend got a lawyer, but she isn't doing anything but taking the insurance company's word on it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Dec 18, 2011, 10:51 AM
    Quote Originally Posted by justme99336 View Post
    My friend didn't get a ticket, but we don't know about the trucker. ...
    Her attorney should look into whether the driver was ticketed.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #9

    Dec 18, 2011, 11:37 AM
    If her carrier isn't paying for her car then I suspect she didn't have collision coverage, just liability.

    She shouldn't be doing anything, she should let her attorney deal with the trucker's insurer.
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