Ask Experts Questions for FREE Help !
Ask
    chontez's Avatar
    chontez Posts: 35, Reputation: 1
    Junior Member
     
    #1

    Mar 2, 2013, 09:29 AM
    Auto Accident Police ruled at my fault.
    I was involved in a auto accident. Someone hit my car, but the police ruled it at my fault unfortunately. No serious emergency injuries occurred at the scene. I did suffer some like cervical spine and neck sprain and strains, and have to go to physical therapy. Everything else was just in pain. I have insurance for personal property, comprehension, everything else except bodily injury. She was not injured at all she was trying to fight me. So she is trying to get over by seeking a attorney. What do I do? I am a young mother also a freshman college student who has barely a part time job. Can she sue me and I will be in debt, or will I have to file bankruptcy.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
    Expert
     
    #2

    Mar 2, 2013, 09:58 AM
    Why is she trying to 'fight' you if you were responsible and not she? This doesn't make sense. Is she saying she was injured, in that the point ?

    The police at an accident scene make a point of asking each party if they were injured, and what both of you say goes on the incident report. If she said at the time she wasn't, then that is on the police report and she can't come back at you for bodily injury.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #3

    Mar 2, 2013, 10:21 AM
    'I have insurance for personal property, comprehension, everything else except bodily injury.'

    I doubt this very much. Bodily injury is required in most states, whereas comprehensive (not comprehension) is not. You may have just the minimum bodily injury, and she wants more. There is no such thing as 'personal property' coverage (except what comes under comprehensive). There's personal injury, and there's property damage, and that's for the other person.

    Contact your insurer. It's their job to handle lawsuits.
    Tell us what you have for a car and what coverage you have. It sounds all wrong. Some not enough, some too much.
    dontknownuthin's Avatar
    dontknownuthin Posts: 2,910, Reputation: 751
    Ultra Member
     
    #4

    Mar 2, 2013, 10:44 AM
    First, I agree you probably must have full coverage for bodily injury for yourself and other drivers given the other coverages you have. You have to carry coverage for liability to the other party - both bodily injury and property damage (such as their car). So, give your medical providers your auto insurance card information so they can attempt to bill for the charges.

    As for the other driver, let your insurance handle it. She can sue if she likes but she would not sue you personally - she would sue your insurance company. If she calls, tell her to call your insurance company and don't get into it. After you tell her to call your insurance company, hang up the phone.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #5

    Mar 2, 2013, 11:08 AM
    Quote Originally Posted by dontknownuthin View Post
    ... She can sue if she likes but she would not sue you personally - she would sue your insurance company. ...
    No. She would sue OP. When OP is served with process, notify the insurance company, which will defend the suit and pay any resulting judgment (up to the policy limits).

    The insurance company should be notified promptly of the accident. The other party should make a demand on the insurance company and, if the insurer and the other party don't settle, then, and only then, will it be necessary to sue.
    Mcsap9213's Avatar
    Mcsap9213 Posts: 99, Reputation: 10
    Junior Member
     
    #6

    Mar 2, 2013, 11:30 AM
    Police don't determine fault , they determine who committed any traffic violations that caused or contributed to the crash. It may seem like a play on words but insurance companies will determine who is at fault and how much ( in percentages) they are willing to accept responsibility for.

    If you just blew a stop sign and broadsided someone else , that one is pretty easy. It is not uncommon for violations to have been committed on both sides. You may have blown the stop sign while the other driver had expired license plates. That wouldn't change what you did but your insurance company would probably pay a lesser amount to the other driver as they were driving " illegally."
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #7

    Mar 2, 2013, 11:42 AM
    'you probably must have full coverage for bodily injury for yourself and other drivers'

    Bodily injury by definition is for other persons.
    PIP - personal injury protection - is for yourself.
    Full coverage isn't a meaningful term for bodily injury. It's sold in increments, and in states where it is required, a minimum amount is all that is required.
    chontez's Avatar
    chontez Posts: 35, Reputation: 1
    Junior Member
     
    #8

    Mar 2, 2013, 09:13 PM
    I have Personal injury protection, property damage liability, comprehension, collision, and towing and rental. I have peach tree casualty insurance and the claim rep is really rude. He told me you do not have bodily injury liability and she has seek and attorney and she is suing you.A attorney Farrah and Farrah sent me a paper in the mail. I have had a neck brace for a week, and my primary doctor says I will never stop being strained because I work on the cash register and doing heavy duty work, I am my only support system so I have to go to work. Today at work I saw her in the store and she lifted a 20 lb. bag of sugar and put it in the car. My job is going to let me get the film, also should I seek an investigator for further evidence she is not injured and trying to get over?
    Mcsap9213's Avatar
    Mcsap9213 Posts: 99, Reputation: 10
    Junior Member
     
    #9

    Mar 2, 2013, 09:15 PM
    There isn't anything you need to do until she gets an attorney AND she actually files a suit. She may get an attorney who tells her she has no case.
    teacherjenn4's Avatar
    teacherjenn4 Posts: 4,005, Reputation: 468
    Education Expert
     
    #10

    Mar 2, 2013, 09:16 PM
    Quote Originally Posted by chontez View Post
    I have Personal injury protection, property damage liability, comprehension, collision, and towing and rental. I have peach tree casualty insurance and the OP is really rude. He told me you do not have bodily injury liability and she has seek and attorney. I have had a neck brace for a week, and my primary doctor says I will never stop being strained because I work on the cash register, I am my only support system so I have to go to work. Today at work I saw her in the store and she lifted up a 20 lb. bag of sugar and put it in the car. My job is going to let me get the film, also should I seek an investigator for futher evidence she is not injured and trying to get over?
    Just a bit of info: you are the OP. OP means original poster because you posted the question on this site.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #11

    Mar 3, 2013, 04:56 AM
    Your insurance coverage is all wrong. Bodily injury is the ONE coverage you want the most because it covers OTHER PEOPLE. Comprehensive is the most expensive, and I never buy it, because I never have a new car. Go to a local agent and discuss this or look online for sites that help you know what is best for you, your income and assets, and the car you have. I pay less than $300 a YEAR for car insurance.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #12

    Mar 3, 2013, 05:11 AM
    OK, I find that Farrah and Farrah are in FL, so if you are too, you are not required to have bodily injury. The most commonly selected coverage, however, according to Allstate, is 100,000/300,000 per person/per accident. So why you selected all the towing and rental and so on, but no bodily injury, just makes no sense.
    I'm very sorry this all happened, that you are hurt (you do have coverage for that!), that she isn't, and that she says she is going to sue. I am glad that your employer is going to keep the video tape of her lifting 20 lbs. Hope it helps.
    chontez's Avatar
    chontez Posts: 35, Reputation: 1
    Junior Member
     
    #13

    Mar 3, 2013, 07:09 PM
    The salesman at the dealer ship, choose my insurance.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #14

    Mar 4, 2013, 06:13 PM
    Quote Originally Posted by chontez View Post
    I have Personal injury protection, property damage liability, comprehension, collision, and towing and rental. I have peach tree casualty insurance and the claim rep is really rude. He told me you do not have bodily injury liability and she has seek and attorney and she is suing you. ...
    I have never heard of auto insurance which doesn't require the insurance company to pay your lawyer.

    What did the Peach Tree Insurance claim representative tell you? Because I cannot understand that part.

    I think you are getting confused with the terminology. If you have collision coverage, damage incurred by the other driver, including damage to the vehicle as well as personal injury, would be covered. The suggestion that you are covered against liability for injury to the vehicle but not for bodily injury is absurd.
    If you cannot read your policy, take it to an attorney, who should be able to easily determine if I am correct or not.
    chontez's Avatar
    chontez Posts: 35, Reputation: 1
    Junior Member
     
    #15

    Mar 5, 2013, 05:58 AM
    Quote Originally Posted by AK lawyer View Post
    I have never heard of auto insurance which doesn't require the insurance company to pay your lawyer.

    What did the Peach Tree Insurance claim representative tell you? Because I cannot understand that part.

    I think you are getting confused with the terminology. If you have collision coverage, damage incurred by the other driver, including damage to the vehicle as well as personal injury, would be covered. The suggestion that you are covered against liability for injury to the vehicle but not for bodily injury is absurd.
    If you cannot read your policy, take it to an attorney, who should be able to easily determine if I am correct or not.
    Peachtree just told me well when you get a lawyer give him my information. They really sucks
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #16

    Mar 5, 2013, 06:14 AM
    Peachtree has a legal obligation to deal with a lawsuit, WHEN and IF it happens.
    You need to take some responsibility for your life, and not let car salesmen choose insurance for you, and not understand insurance, and know how to deal with accidents.
    PLEASE copy each coverage you have, and the dollar limits (two numbers) here, or I'm out of here. I keep trying to help and you aren't helping back.
    chontez's Avatar
    chontez Posts: 35, Reputation: 1
    Junior Member
     
    #17

    Mar 5, 2013, 06:57 AM
    Personal injury protection limits10,000 deductible 1,000. Property damage liability 10,000. Decutible -. Comprehensive and collision 500. Reject bodily injury liability, uninsured motorist. I told the salesman I wanted reasonable and full coverage insurance. And he chose without asking.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #18

    Mar 5, 2013, 07:12 AM
    'Comprehensive and collision 500? '
    Anyway, you turned down bodily injury. Most states I know of require it. Your state doesn't.
    The salesman was obviously just guessing and had no clue.
    But it's not his fault. It's not his job. It's yours. Sorry
    Hopefully she won't sue, and hopefully you will change your coverage. 'Reasonable' is largely what is appropriate on a person by person basis. 'Full' is not really meaningful, because limits can go really high and unless you are a billionaire, you don't go that high.
    Go talk to a local agent, and learn what each one means. Yes, it will cost a bit more than Peachtree or any online company.
    You can find sites that help you decide what you need online/
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
    Expert
     
    #19

    Mar 5, 2013, 07:22 AM
    Quote Originally Posted by joypulv View Post
    'Comprehensive and collision 500??'
    Anyway, you turned down bodily injury. Most states I know of require it. Your state doesn't.
    The salesman was obviously just guessing and had no clue.
    But it's not his fault. It's not his job. It's yours. Sorry
    Hopefully she won't sue, and hopefully you will change your coverage. 'Reasonable' is largely what is appropriate on a person by person basis. 'Full' is not really meaningful, because limits can go really high and unless you are a billionaire, you don't go that high.
    Go talk to a local agent, and learn what each one means. Yes, it will cost a bit more than Peachtree or any online company.
    You can find sites that help you decide what you need online/
    Usually comprehensive is 250, but you pay more for lower; 500 deductible for collision is normal and at the 'just' affordable end.

    Agree picking the insurance was not salesman's pervue. Ths would have been better accomplished with insurance agent. And if you needed the insurance to drive off the lot, then could have been done before hand to 'hold covered'.

    Now get through this and have your insurance prepared properly.
    chontez's Avatar
    chontez Posts: 35, Reputation: 1
    Junior Member
     
    #20

    Mar 5, 2013, 09:25 AM
    Quote Originally Posted by tickle View Post
    Usually comprehensive is 250, but you pay more for lower; 500 deductible for collision is normal and at the 'just' affordable end.

    Agree picking the insurance was not salesman's pervue. Ths would have been better accomplished with insurance agent. And if you needed the insurance to drive off the lot, then could have been done before hand to 'hold covered'.

    Now get through this and have your insurance prepared properly.
    Okay so I need a attorney? And would it be better to hire a private investigator for more evidence. Than my video. And I'm switching to progressive after this with bodily liability of course. . And thank u so much.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search


Check out some similar questions!

Auto accident with no police report [ 4 Answers ]

I was driving my car into very narrow street cars parked on both sides of the road,then I saw another can coming with quiet high speed towards me.Decided to back up slowly to let him pass through first. At the same time, someone behind me turned and accidentally crashed into her car. There was no...

I had accident last month.It was other guy's fault.no police report.he says my fault [ 13 Answers ]

I had accident last month.It was other guy's fault. He admitted it. So I didn't call the police & no police report. After filing the claim with his insurance company, he has said that it was my fault. So his insurance company denied my claim. They say that they denied the claim because there is no...

Police Say No Fault Accident? [ 8 Answers ]

Hello all, First time user of this site and hope to learn a lot of info from it. The reason I come here tonight is with a question... Recently I was in a small fender bender in my place of employments parking lot. I was backing out my parking space and low and behold someone else start to...

Is it possible to get no fault auto accident changed to at fault? [ 0 Answers ]

The police declared the auto accident I was in a no fault because there was no witness to claim who was at fault. Should he have done more investigating to determine fault? Can I hire someone to investigate where fault was?

Is it possible to change a at fault auto accident to no fault in NYS [ 4 Answers ]

How do you get a at fault accident changed to no fault? No guide rails on the shoulder of a 20 foot drop made from a culvert pipe - was clearly not drivers fault but is on the accident report as at fault. No markers of any danger. Is there anything that can be done?


View more questions Search