Ask MetaFilter questions tagged with car and accident

Traffic accident incorrectly without fault?

anti social order — Wed, 18 Nov 2009 09:12:00 -0800

Maryland Accident, car totaled. Cops incorrectly say both drivers are at fault. Can anything be done? My wife was in an accident yesterday while driving her fathers's car. Some very old lady (OL) in a 80's crown vic pulled directly into her head on. The Mrs is fine, but the since there were no witnesses at the scene the cops claimed both parties were at fault in their report.

This is bad because there's only liability on that car and it's totaled.

It's also completely false. The OL was in my wifes lane and hit her head on. The OL claimed she had a 'solid green light' and was cleared to go. One cop mentioned to my wife offhand that wasn't possible as her lane only has arrows (no solid lights at all). How this means she wasn't at fault is beyond me.

So no one was cited and the cops told my wife the insurance companies would figure it all out. I don't trust that for a second.

Some older questions about fault on Ask.Mefi say to ask the judge, but no one was cited so there's no court date. From my cynical POV, lazy cops throw up their hands to avoid paperwork and leave it to the insurance companies that will try very hard to screw my inlaws.

So my question is: How can I help my wife and her dad through this nonsense without them being screwed? Is there anything we should/shouldn't do? Bonus: if anyone knows about police procedure in MD can answer if this is typical procedure up here or something that should be reported?

Did the seat belt fail?

Anonymous — Tue, 20 Oct 2009 07:57:18 -0800

Automobile accident: Did the seat belt fail? What should we do? My wife was recently involved in an automobile accident. She was driving our 07 Kia Spectra and rear-ended a large SUV on an exit ramp connecting two major highways(no intersection or traffic lights involved), traveling at about 45mph. The ramp has 2 lanes, and the collision occurred when she was switching from the left-hand lane to the right. She was ticketed by a state trooper for "unsafe lane change."

Her injuries are, thankfully, limited to some severe bruising across her abdomen and shoulder, and pain that she describes as muscle soreness. The other driver did not leave the scene in an ambulance, injuries were probably less severe than my wife's.

My actual question concerns the seat belt. After the collision, the seat belt was fully extended and hanging loosely, and the buckle had come undone. The seat belt did not retract after the accident, and appears to have not locked during. That doesn't seem normal. We have photos of the seat belt fully extended and hanging loosely, not retracting, but when we went to check out the car a couple of days ago, the buckle seemed to be functioning normally, so it would be difficult or impossible to prove it came undone. Of course, I can't put nearly the same force on it by yanking that a high-speed collision would cause.

Should we contact Kia? A lawyer? Or is that totally normal and we should let it go? We're really thankful that the injuries aren't any worse than they are, but we also think something should be done about that seat belt, if it indeed malfunctioned.

If it matters, location is north-east edge of DFW metroplex.

Thanks.

Should I seek a personal injury lawyer after being rear ended?

zzztimbo — Sun, 18 Oct 2009 06:42:07 -0800

Should I hire a personal injury attorney after being rear ended? I was rear ended while waiting at a freeway off ramp stop light. It was completely the other driver's fault. The driver even admitted fault to me, the other person that I hit (I was pushed forward into the other car) and the CHP that came on to the scene.

My issue is my car is an older BMW with high mileage. My insurance is claiming it will be a total loss. I'm thinking that I won't get much for the car. I don't think this is fair and would like to be give as much money as it takes to find a similarly configured car.

The car I was driving is a BMW wagon with manual transmission. It is pretty difficult to find one of these in my area (SoCal). Should I seek a personal injury lawyer?

Minor accident, am I being an ass.

evilelf — Thu, 08 Oct 2009 21:20:20 -0800

SUV backed over my tiny Miata, what should I do? Well, instead of trading in my clunker Jeep in for a minivan this summer, I decided to buy a 17 y/o Miata to help survive my horrible commute (at least on the nice days). The Miata is in great shape (low miles) for it's (17y/o) age. Unfortunately, last night a huge (Acadia) SUV backed over it while parked on the street (I was not in it). The owner of the other car was nice and coo-operative (I'm pretty sure I have all the info I need from them) and the damage looked minimal. Thing is while it looks like it may 'buff out' (the damage is only to the nose piece which is body colored plastic), I really do not have the time/inclination to fix it myself. I am going to get professional estimates in the morning. However, I feel a bit of an ass going after the person who backed over it for a professional repair (the car is 17 years old after all). If it were my Jeep I would have said just let it go, but this car was pretty much mint.
The person who hit me claimed they had not had an accident in 40 years (though I drought they were much older than 40), but my car had not had one in 17!
Opinions?

Help me find a hit-and-run driver!

janerica — Sat, 15 Aug 2009 09:50:47 -0800

Can you identify this GM car part? My sister's car was significantly damaged by a hit-and-run driver last night. I know what color the other car was from some paint transfer. I also found an amber light cover (?) on the ground next to her car. It says "GM" on it, with this number: 16513298. I assume this is a GM car part number, but I've had no luck finding what kind of car it belongs to on any car parts website or Google. Photos of the light cover are here and here.
Anyone recognize this part, or know how to access a complete GM car parts database? I realize this is a total long shot and we'll probably never find the driver, but it would be nice to know what kind of car to keep an eye out for.
Thank you!

So much for the car and vacation

icarus — Sat, 08 Aug 2009 23:22:17 -0800

I was in a pretty crappy head-on collision with another car tonight. Advice on what to do? My husband was driving and I was in the passenger seat. The 16 year old girl that crashed into us (found 100% at fault by police and was cited) gave me all of her insurance information and when I asked her if she was ok she said she was fine; obviously she was pretty shaken up, but looked like she suffered no injuries.

My husband was taken from the scene to an emergency room, they checked his neck (the headrest snapped back towards him and jabbed him pretty hard in the neck upon impact). I'm fine except a minor scratch.

We had both taken the entire upcoming week as vacation, which we will now have to spend at home.

Our car was towed and I assume is pretty totaled. I took 2 photos, but it was pretty dark and I was more worried about my husband than about being a good photographer.

What are our options? I know you are not my lawyer, I doubt I need a lawyer.

I'm not looking to sue for injuries, pain, suffering, or any other bs like that.

I want to know if I am entitled to a rental car, how long can I hold on to the rental car? How long do I have to find a replacement car? Is there anything else I should know about being 100% not at fault and yet having my car smashed, my vacation ruined, and my husband on pain pills?

Rental Car Accident filter

spacefire — Sat, 04 Jul 2009 06:43:10 -0800

Hertz fender bender, do I need to file police report, and am I covered? I backing up out of my parents driveway, I hit my mom's car with the rear of my Hertz rental car. Dents and scratches , but no other damage. I have Liability Insurance supplement but no Loss Damage Waiver as that should be taken care of by Visa since I rented using my Visa card. Should we file a police report?

Another question, related: The liability protection states, quote:
Within the limits stated in this subparagraph, hertz will indemnify, hold harmless....which by definition EXCLUDES ANY OF YOUR OR ANY AUTHORIZED OPERATOR'S FAMILY MEMBERS...RESIDING WITH YOU OR THEM..."
I don't live with my parents, I was just visiting, will the liability thing cover the damage to my mother's car?

Can I / should I accept reimbursement for a car repair I didn't do?

Anonymous — Tue, 30 Jun 2009 07:40:56 -0800

Is it legal to accept $500 from a car insurance company, reimbursing me for a repair I'm not going to make? If it's legal, should I? Recently my car was very lightly rear-ended. Both I and the other driver are insured. There were no injuries and my car has no visible damage -- I took it to my mechanic, who I trust, who confirmed that there was no damage from the collision. The other driver's insurance company sent a photographer to take photos of my car to check its condition. The photographer reported a small nick in my bumper, and based on this, the other driver's insurance sent me a check for $500 for a new bumper. The nick is almost invisible (my wife can see it, I haven't managed to) and we have no interest in getting a new bumper. My wife thinks it might be OK to just cash the check, on the grounds that the eventual resale value of the car will be lower because it's been involved in an accident, however small. I'm concerned that it might actually be against the law to cash a check for replacing a bumper that I didn't actually replace. I see a few options:
A. Cash the check, pocket the money.
B. Cash the check, replace the undamaged bumper. (Seems like a waste of the world's resources, but maybe I should think of it as economic stimulus?)
C. Don't cash the check, keep it, and if I need to replace the bumper for some other reason in the next year (the life of the check,) cash it.
D. Cut up the check.

We don't want to do anything illegal. So: which of these four options is legal? And of the legal ones, which are ethically OK?
(Anonymous in case the right answer is "A is probably legal but I wouldn't do it if my real name were attached to the general practice in a public place.")

Paying out of pocket and preventing future involvement of car insurance co.

ecsh — Tue, 26 May 2009 14:57:29 -0800

If I pay out of pocket for repairs to another driver's car, is there a form I can ask him to sign to prevent later involvement of insurance companies? As I was backing slowly out of a parking space this afternoon, I bumped into another car. The other car was driving through the parking lot and not yet in a space.

The collision was so gentle that I didn't actually feel it, and the only damage to my car was a small crack in the paint on the corner of the rear bumper. The other car was a two-door model, and the only damage that we could see was a dent in the panel just behind the driver's door. The dent was about a foot across and looks like something that might easily pop out, but then there's the issue of repainting.

The other car belongs to the driver's brother; it is unquestionably still drivable and both the driver and owner live nearby. I admitted fault, but I pointed out that it was raining and that the other driver had not turned on his headlights, which certainly contributed to my failure to see his car. I'm in PA, where headlights are required when wipers are in use, and it was raining hard enough for that.

Given the headlight issue, I asked that the driver do me the favor of communicating to the owner that I am interested in paying out of pocket and not getting insurance companies involved. We exchanged contact and insurance information amicably, and the driver mentioned it was possible that his brother would decide to let the whole thing go (not that I'm pinning my hopes on this).

1. My guess is that repairs will run $200-400, and in this range I would rather pay out of pocket than report it to my insurance company and deal with increased premiums for years. Are these estimates reasonable?
2. I've never before been in a car accident where parties other than myself and a deer were involved. Is settling w/o involving insurance in any way illegal? If not, is there some standard form I could ask the owner to sign, when I hand over the check, to establish that the issue has been settled and prevent him from seeking money from my insurance company?
3. Would the driver need to sign the form mentioned above? I don't think there are any medical issues, but we did not discuss that explicitly.
4. If costs spiral out of control somehow, and I decide that I would rather have my insurance company cover the cost, how much of a delay in reporting the accident is acceptable?
5. The other car is 15 years old and worth $800-1200 according to KBB. It seems possible that the owner might prefer to have the cost of the repair in cash and either not repair the car or repair it when convenient (since the damage isn't a safety issue). Does offering to write him a check directly, either for the value of an estimate or for a mutually agreed upon amount, change any legal/insurance status?

Please don't tell me that I shouldn't have admitted fault. I think that it mostly was my fault, and paying a few hundred dollars out of pocket is no hardship. I would just rather avoid the insurance hike.

Do I need to replace my son's car seat?

anastasiav — Wed, 22 Apr 2009 09:42:28 -0800

Last night my husband was involved in a very low-speed crash -- the other party was a cement pylon. The crash popped the airbags and broke the plastic grill on the front of the car, but we don't see any other damage. My son's car seat was in the back of the car. (My son was not in the car.) Do I need to replace the seat? I know there was an Ask question about this a year or more ago, but I cannot locate it on search. Google results seem to be divided on "replace or not replace" but they guy at the repair shop (not an expert, I know, but he is a volunteer firefighter) saw the seat and basically said "ooohhh, you'll need to get a new one of those" even after we told him my son was not in the seat at the time.

Checking the NTSB site this accident met all the criteria for a "minor" crash except that the airbags did deploy.

How to manage two consecutive car accidents?

fermion — Fri, 06 Mar 2009 16:03:28 -0800

My parked car got hit by a truck. Then, before I could get it fixed, it got hit by another truck. How do I handle two claims at once? The first accident was a couple of months ago--a truck hit my parked car and ripped my rear bumper halfway off. The wheels of paperwork have been grinding slowly, partly just because I've been busy, so I'm still working things out with that insurance company and hadn't fixed the damage yet. This morning, a garbage truck hit my (again, parked--I haven't driven it at all for a few months) car and did some damage to the door and mirrors, as well as taking my bumper the rest of the way off.

What do I tell the garbage truck's insurance company about this most recent incident? I don't want to get compensated for the same damages twice, but I also don't want to give them an excuse to claim all the damage was pre-existing. I know that the appropriate actions in situations like this can be counter-intuitive, so I'm hoping you folks can give me some advice.

Potentially relevant info: I'm in Washington State, and my insurance is liability-only (it's an old car) so I'm dealing with the other insurance companies directly rather than through my own insurer.

Responding to car accidents...

rancidchickn — Mon, 09 Feb 2009 16:05:12 -0800

Does this job exist? What should I be searching for? A couple months ago, I met a friend of an acquaintance who described his job to me. From what I got out of it, whenever there was a car accident in the area, he would get a call on the radio and respond to it. He said that often times he got to the scene before an ambulance or the fire department could. He drove his own personal car to the wreck and helped to stabilize the victims until the ambulance arrived to take them to the hospital.

I don't believe he was volunteering, but in my searching I can't seem to find a job like this. Would he be working for a hospital/private company/something else? What certification would he need? I've read about certified first responders, but are there paid jobs where you work out of your own vehicle? I'm curious because this seems like a job I may be interested in.

How to find details of a car accident?

tkolar — Mon, 02 Feb 2009 10:53:26 -0800

Outcome of a car accident in San Jose, CA on 880 North near the Alameda, around 10:30am February 1st? I witnessed a fairly nasty accident (car rolled several times) on the other side of the road while driving south on 880 yesterday, but I am unable to find any references to it in the news.

Hopefully that means that no one was badly injured, but ... how does one find these things out?

How to get insurance company pay for my car accident?

coolnik — Thu, 08 Jan 2009 17:57:38 -0800

Car accident insurance filter: Insurance company refuses to provide for rental car before sending me the money. What to do? Details:
My car got rear-ended 14 days ago. No fault of mine--this is confirmed by the police report. I took the damaged car to the body shop. 10 days after the accident I got the rental car, and have been using it for last five days.

For the first time in last 14 days, today I heard from the other party's insurance company. The car is deemed total loss. I have been offered two choices, one of which lets me keep the car, while if I go with the other I will have to say goodbye to my car. Now that I have been "offered" compensation, the insurance company wants to cut-off my rental car within 2 days. The insurance company agreed to pay $30 per day for loss of use for the duration I did not have rental car, but that was only upon my strong insistence.

Here is my problem: How can insurance company cut-off my rental car without sending me the money, or in other words, how am I supposed to buy a new car without having any money from the insurance company, and till then why shouldn't the insurance company pay for my rental car?

More, I have been asked to tell my choice for the compensation within one day, or else (I have been told by the insurance company) the body shop will start charging me for car parking fees and so will be rental car company.

This all seems to me an attempt to twist my arm and make me agree to what they offer. MeFi, please help.

Toronto Injury Claims Lawyer

juiceCake — Sat, 25 Oct 2008 02:59:53 -0800

Injury claims lawyer recommendation in Toronto? A friend was in a car accident quite some time ago and now she´s being sued for severe injuries. The fault of the accident is still at fault as well. Any recommendations would be greatly appreciated.

Car accident/insurance advice

rbellon — Wed, 17 Sep 2008 19:59:00 -0800

What should I do if I'm not sure someone's after the fact claim about a car accident is actually related to the accident? I recently rear-ended another vehicle in stop and go traffic during rush hour at less than 5mph. We pulled over, and looked at the cars. Both agreed no damage, but wanting to be a good doobie, I gave her my contact info in case something internal came up. I was foolish in that I didn't get her info, or even jot down her car's make/model or license plate number. I have a perfect driving record, and had never been involved in something like this, so it kind of took me by surprise and I wasn't sure what to do in the moment. No insurance information was exchanged and no police report was filed.

Several days later, she e-mailed to say that she had found damage, that she was away for the weekend but could send pics when she returned, and could I please send her my insurance information. I replied requesting that she send the photos, since we had both concluded there was no surface damage.

She subsequently sent two very dark photos of just the damaged area of a vehicle. I do recall that the other vehicle was a large SUV, and it's discernible in the photos that they depict a Ford Explorer. Here's the thing - the rear fender is knocked loose in the photos, and at a downward angle. I drive a small compact car that has absolutely no signs of any damage.

I showed the pics to a friend who works with cars and his take was that there was no way a collision at less than 5mph could have caused the damage in the photos, especially without sustaining serious damage to the front of my car. He also noted that based on the respective heights of the vehicles, her fender should have gone up and not down as the picture shows. Finally, he commented that the only way he could imagine the accident I described "causing" the damage was if it was already quite rusted (and there is some rust visible in the photos).

I found a Ford Explorer in a parking lot earlier this evening to just kind of compare heights, and what he says seems to be true. He suggested being back in touch with her and basically explaining the above, then seeing if she still wants to pursue.

What's the smartest thing for me to do at this point? Be back in touch with her? Call my insurance company? I'm kicking myself because I a) want to be responsible and take care of any damage that I caused, but b) just had a funny feeling when I got her e-mail and saw the pictures, which has only deepened since communicating with my friend. I don't want to be taken advantage of.

Medical suggestions for accident victim in India?

maya — Fri, 08 Aug 2008 21:40:33 -0800

Earlier this week I witnessed a pedestrian/car accident while traveling in Calcutta, India. A boy was pinned between two vehicles and his leg is badly injured. [warning] Here is a photo of his leg a few days later. His care is deficient as best and I am looking for advice and suggestions. Inside is an excerpt from my blog where you can find the full story, including known medications administered. His leg was stitched at the government hospital, under dire conditions. He has no broken bones. He has received an IV saline drip continuously except for the 4th day when he received 2x250ml of blood (about 1 pint). He never lost consciousness and responds to questions. He has no feeling around or below the wound (right calf, extending behind knee). There is obviously nerve damage, but I have no idea how extensive. His right foot seemed cold the first night but blood flow seems to have returned. He told me he can move/extend his right leg at the knew but it is extremely painful. He is very thin and his leg is somewhat swollen. Around the wound his skin is warmer.

Advice so far:
*try squeezing a toenail, it should blanche and then return to normal
*make sure he can move his foot
*Pus, if it is a white/thick substance is obviously a sign of infection and he needs stronger antibiotics. However, if it's blood and a more-or-less clear/yellowy liquid, that's normal as part of the healing process.
*the abrasion on the left of the photo should have a different bandage than the rest of the wound, and should be kept moist

As mentioned in my blog, I know advice without face-to-face consultation is inadequate. Anything stated will be taken as suggestion only, and I will consult a doctor that can see him before suggesting or administrating any changes in his care.

How do you negotiate with insurance companies after an accident?

FlamingBore — Sat, 05 Jul 2008 14:31:04 -0800

How do we navigate auto insurance negotiation post accident? My partner was involved in a major auto accident this past week. We're now trying to figure out all the insurance craziness. Looks like all the other AskMeFi questions are dealing with someone else's insurance company and we're only dealing with hers. Any help you can offer is greatly appreciated.

On Monday she was driven off the road on I-91 near Holyoke MA. The other driver did not stop and no one has come forward with his/her license plate details, etc. There were witnesses and the police report indicates she was not at fault. She is lucky to be alive and is thanking her lucky stars that her 15 year old Audi took the bullet for her.

The car is totaled (we're pretty sure, as are all parties who have seen it thus far) and we're just waiting to hear from the insurance company. How can she best navigate this situation to get the most from her insurance company to replace the car?

The car was a 93 Audi 90s with about 108k miles on it. She was paying for full coverage. She maintained it well and had recently put in about $1600 worth of work into it.

We've been told that she can negotiate with the insurance company. We've also been told that they are likely to offer her considerably less than the NADA book value, but she should push back on them saying that's the guide to go by.

Is there an insurance adjuster in the house? Any tips, suggestions or insider information to make this as non-excruciating as possible?

Looking for traffic accident details

shortfuse — Fri, 23 May 2008 16:36:20 -0800

Is there a way to find out details about a particular traffic accident and death that occurred in New Jersey on May 11? The only additional info I have is the name of the deceased. I found out that someone I used to know has passed away due to a traffic accident of some sort. I had fun hanging out with him back in high school, and I'd like to attend the funeral or any remembrance events that might be taking place. Unfortunately I wasn't in touch with him and I don't have a way of contacting the family. I thought of trying to find any published info about the accident which might also contain further info. I didn't find much thru Google. Is there a news/government/community site or instituation that can help with such inquiries? Should I call the police - if so, which one, as I don't know the city where it happened? Thanks.

Should I take the unlicensed driver who destroyed my car to Chicago small claims court?

hypocritical ross — Mon, 21 Apr 2008 17:38:29 -0800

My car was just totaled by an unlicensed, uninsured 16-year-old driver in Chicago. I'm insured, but I have no collision coverage, so any/all expenses are strictly out-of-pocket. The teen responsible was found to be 100% liable on the police report. Can/should I take the family to small claims court? Related: Can anyone suggest a salvage guy that pays a fair price for junked cars and a decent lawyer to represent me in small claims court? Do I even need a lawyer in small claims court? Sorry - I'm new to this. Driving along to work this morning, when a car pulls out of nowhere right in front of me. Nobody was hurt luckily, but it was a hard crash... with way more damage to my car than to hers. She turned out to be uninsured, unlicensed, and was also cited for failing to yield at a stop sign.

Unfortunately I never sprung for collision insurance (bare minimum in Chicago is liability insurance), so I'm pretty much hung out to dry as far as paying for the repairs. The estimate is about $3800 - which just so happens to be the same as the blue book value of the car ('95 Honda Accord).

I'm thinking my best option is to trash the car, get what i can from a salvage guy for it, and put that towards a new hoopty off Craigslist just so I can get to work (my commute is roughly 20 miles - I live in the city but work in a suburb that isn't particularly accessible by public transportation). So I guess I have three questions:

1) Is this the best solution?

2) If so, do you know the name/number of a good salvage guy in Chicago that won't totally rip me off?

3) Can I take this to small claims court, if I can should I get a lawyer, and if so do you know one?

Rear-ended by a nun

any major dude — Wed, 26 Mar 2008 13:45:21 -0800

My wife was rear-ended today by a couple of nuns while stopped at a light. She didn't call the police to the scene and now she is feeling some stiffness in her neck. What should we do now? I'm not very concerned about the scratches to our bumper but I am a little worried about the health of my wife and child. The must have hit her car with some force because my wife said their front end was all pushed in. Something tells me that if either of them end up with whiplash in a week or two I'm going to have very little recourse without a police report. Do I need to file a police report or should I just report it to my insurance company even though there is very little damage to my car? What if the nuns file their own police report and change the story? What if they weren't even nuns at all just women who dress that way out of habit? ;) Basically I'm just looking to cover us financially just in case this ends up being more than what I hope it ends up being, just an unfortunate fender bender.

How can I get enough money to replace my car?

Alison — Mon, 24 Mar 2008 09:19:12 -0800

How do I get a fair settlement for my totaled car in Pennsylvania? The insurance adjuster insists that I am not owed the replacement value of my car and refuses to budge. My neighbor hit a patch of black ice a few weeks ago and struck my unoccupied, parked 1996 Mazda Protege. A few days ago the insurance adjuster (Traveler's insurance) came back with a settlement of about $3300 based on the NADA book value.

I looked around and the Kelley Blue Book value for my car starts at about $3500 and goes up to $4300, with my low mileage car (~49,000 miles) in the upper range. Even cars with twice the miles are retailing at $4000. I've been collecting sales ads for replacement cars due to the good advice in this thread.

The adjuster refuses to budge and insists that I am only owed the NADA value of my car and nothing more in the State of Pennsylvania, even if a replacement vehicle would cost much more. They won't even consider retail prices for equivalent vehicles and were very short with me when I brought up the option.

My insurance (Geico) has been absolutely no help and has left me to take care of this on my own. I'm considering retaining legal counsel, but I don't know how to sort through all of the ambulance chasers. I'm not even sure if it will be worth it for less than $1000 difference.

I've contacted the state insurance bureau, but it will take them a few days to answer my question.

So, how does this work for Pennsylvania? Am I not entitled to the cost of a replacement car? Is the insurance adjuster even telling me the truth about PA law? They're taking the rental car back on Friday so I'd like to have a course of action planned by then.

Sorry baby, I had to crash that Prius.

hulahulagirl — Mon, 17 Mar 2008 17:36:11 -0800

Do I have to pay $1000+ the insurance co. won't cover? CarAccidentFilter: Last Thanksgiving we rented a Prius from Dollar Rent A Car to drive from Portland, OR to Idaho. In Walla Walla, WA someone pulled out in front of us on the highway and we crashed. The other driver (18 yr old girl) was cited and I was not. The car was towed to a wrecking yard in Walla Walla (and we rented another car and finished the trip). Luckily no one was hurt.

The other party's insurance co. (Safeco) paid the balance of the cost of the car minus what Dollar RAC received after they sold the Prius as salvage. However, they refuse to pay about $1000 in towing charges because they feel that Dollar was unreasonable in requiring the car to be returned to PDX for assessment after the accident. Safeco told me that Dollar could have had it towed to any number of closer yards where a "field agent" could deem the car a total loss. Dollar tells me that they don't have field agents and they needed to tow the car to PDX because that's where it came from/that's where their office is. Dollar wants me to pay the $1000+ that Safeco won't pay although it sounds like Dollar is correct in requiring the car to be returned to PDX and I think Safeco should be ponying up the rest of the cash. They've already paid over $11,000 and they're sticking me with $1000 in towing charges.

So, my question is, am I on the hook for this? I don't want to fight it too much and incur a bunch of atty fees and interest, but I really don't feel it's my responsibility. I know, YANAL, etc. (unless you are and that would be awesome).

I was run over, should I take legal action? If so, how?

flaneuse — Fri, 01 Feb 2008 11:38:44 -0800

So I was crossing the street right after work in the crosswalk, on a green walk sign. A cab was making a left turn, ran into me, knocked me down, and then ran over my foot! The worst part was that he stopped ON TOP OF MY FOOT, wth?! So he gets out of the car to check on me and i'm on the ground screaming bloody murder- BACK THE F OFF MY FOOT- pretty funny when i re-tell it now since miraculously (doctor's words) I was spared from any major injury! I had my Kaiser health insurance card on me and the ambulance took me to the ER at Kaiser (I am in California) where I had several x-rays, was given pain meds and crutches, and had my leg wrapped in a splint. I haven't gotten any hospital or ambulence bills from them yet, but did not pay the ER co-payment on my plan because I told the admin there that this was a third party's liability and that I would send their bills to the cab company's insurance provider.

This was over a month ago, and the cabbie's insurance company just sent me a "Report of Accident" form. It assumes that my car, not my person, was hit by the cab, which I plan to clarify. I also plan on ordering the police report that identifies eye witnesses who confirm that it was my right of way when I was hit.

I looked at past questions posted here, but they all involved car accidents and reccommended liasing through one's own car insurance company. Should I do the same with my health insurance? Should I sue the cab driver personally? The cab company? Call the cab's insurance company? I am not looking for an exorbitant sum of money but would like to see a small settlement for the emotional distress I've been through. Thoughts on how to proceed?

crash Fortunately, we all had insurance. Which one of the three companies gets the claim?

truenorth — Thu, 24 Jan 2008 23:10:31 -0800

Out of state rental car driver who paid for the Loss Damage Waiver backed in to us. We have his insurance information and claim number, and also reported the incident to our insurance company, which offered to cover damages to the car. We think we'd like to have repairs covered under the rental company's LDW. Do we have the right to choose who should foot the bill? And is this a good choice? The damage: back door and back fender panel, which is a pretty sizable piece of metal.
Rental Car company: Enterprise
His insurance: USAA
Ours: Allstate, with good driver discount and a promise of no rate increase even if we make a claim.

Other driver totally at fault - we were in a crowded parking structure, blocked front and back, and he backed in to us despite our honking. No injuries, but it caused a surprising amount of (cosmetic) damage for such a low impact collision. We would rather not bill our insurance, because we filed a damage claim last year.

My preference would be to somehow bill Enterprise, since the other driver paid for the LDW, and I have an idea that this would not increase his USAA rates. Unfortunately, the only information I have about it is the driver's name and the rental car license plate number. USAA called two days after the accident with a claim number, Allstate has called to ask if we'll be filing the claim with them, and we haven't had an adjuster take a look at the car pending this decision, but will probably set up an appointment tomorrow.

I know nobody's my lawyer and I won't treat any advice as legal counsel.
Thanks for any information you can offer, Reader.