Car accident and dealing with insurance companies

[Chronicles]

The day that I got my used Subaru I got in an accident, A motorcycle went around me on a two lane street on my left while I had my left turn signal on. It was ruled a no fault accident, since there was no negligence on my part. I did not have insurance at the time (I was a few blocks from my house, showing my husband a noise the car was making), and I have been ignoring the calls of the other guys insurance company to give testimony, since I have no legal obligation to do so and they will ask leading questions to try to put you at fault somehow.

Cut to today, and I get a letter in the mail from his ins company saying that we owe them 13k+, etc...which is preposterous since I was not at fault! My dh has been unemployed for ten months, and I can't afford a lawyer to play around with this retarded insurance company who obviously has no case.

I looked up the insurance company that sent us the letter, and they are a real piece of work. They sent us this letter that is badly printed on cheap paper, saying we need to respond within 7 days, etc.

Anyone have any experience in this? Any advice?

[Bill Brasky]

Who ruled it a no-fault?

[Chronicles]

The Sheriff at the scene.

[Bill Brasky]

I assume then, it is legal to operate vehicle without insurance?

[Chronicles]

I got a ticket for it, which I have a court date to go and talk about. That doesn't factor into determining fault.

[Bill Brasky]

I got a ticket for it, which I have a court date to go and talk about. That doesn't factor into determining fault.

It may not determine fault, but usually InsCo's haggle this shit out amongst themselves, regardless of fault.  That burden is now upon you. 

I guess I would call the InsCo and tell them you're not at fault for the accident and can prove it was deemed no-fault, and tell them directly you refuse to pay.  They can then sue you if they want, and they might.  Defending yourself would be not much more than showing the judge at the hearing the no-fault ruling/affidavit or whatever.   Watch your mail and show up wherever you're supposed to.  You'd probably lose in absentia, for failure to show for the hearing and present any papers supporting your side of the argument. 

[Alex Libman 15]

Women drivers... 

[spicynujac]

You conveniently omitted the accident from your description.  Im guessing you hit the back of the motorcycle?
Dealing with insurance companies can be pretty awful.  Was the bike totally destroyed?  13k is a lot.

[One two three]

Maybe there are different standards for criminal and civil.

[Bill Brasky]

Im guessing you hit the back of the motorcycle?

 Does that sound like something that would be called "no fault"?

[Sam Gunn (since nobody got Admiral Naismith)]

Open your eyes and pay attention while you're on the road asshole.

[Chronicles]

You conveniently omitted the accident from your description.  Im guessing you hit the back of the motorcycle?
Dealing with insurance companies can be pretty awful.  Was the bike totally destroyed?  13k is a lot.

I was going down a regular two lane residential road, and was making a signaled left turn. The motorcycle didn't see my signal or assumed I was going to turn right into the library parking lot, since he revved his engine and went to pass me on my left. I had no reason to expect someone to be there, and was already turning. The accident was extremely slow, and he didn't get hurt at all, just kind of hopped off the bike and stumbled. The front tire was wedged underneath the driver's side door, and the paint was scratched. My car was dented, but it already has a few so it isn't a big deal to me.

For the record, this is the first accident I have ever been in in 15 years of driving.

I've done some more research on this company, and they really are bottom feeders. I'm going to take your advice, Drifter, but instead of calling I am going to send a registered letter. I don't want to give them the opportunity to upset me, and to be honest it's a really upsetting situation even thinking of having to go to court over something like this.

[davann]

Open your eyes and pay attention while you're on the road asshole.

WTF is the matter with you? From the description of the event and that fact the sheriff, a third party with experience determining fault,  ruled no-fault how in the world is this a problem of her not "having her eyes open"? You're an idiot. People on bikes need to pay extra attention to what they are doing and think three times prior to doing something out of the ordinary. Are you one of those share the road pricks that assume share the road means every other driver better watch what the asshole on the bike is doing every second until the prick decides to zip past them with some "cool" biker move, like squeezing between two moving cars by using the space where the lane divider is?

I've seen so many of these free wheeling punks on their rice grinders end up as road paint because they are not respecting the rules of the road and acting like assholes. Kinda like what this prick was doing by trying to pass a turning car on the left just cause he thought he could fit since he was on a bike.




Take Drifter's advice and deal with the insurance company. It will be a head ache but unfortunately this is the way the system is setup.

[Cognitive Dissident]

After the fact, and all, but it's really risky to drive without insurance.  Normally, if you're already insured and you buy a car, that car is insured for a minimal period of time (30 days, I think), and I think that's in the uniform commercial code, which each state except Louisiana observes.  However, if you didn't already have an insured vehicle, you're completely uninsured, which I needn't go so far as to say is really dumb.  When you don't have money is a really good time to make sure you're insured properly.  I know.  I'm between contracts myself.  I had a comprehensive claim yesterday.  It sucks, but I'm so glad I didn't do something desperate like cancel my insurance.

[Chronicles]

After the fact, and all, but it's really risky to drive without insurance.  Normally, if you're already insured and you buy a car, that car is insured for a minimal period of time (30 days, I think), and I think that's in the uniform commercial code, which each state except Louisiana observes.  However, if you didn't already have an insured vehicle, you're completely uninsured, which I needn't go so far as to say is really dumb.  When you don't have money is a really good time to make sure you're insured properly.  I know.  I'm between contracts myself.  I had a comprehensive claim yesterday.  It sucks, but I'm so glad I didn't do something desperate like cancel my insurance.

I had just bought the car from a private party, and intended on buying insurance when I got home...that just didn't happen. I did get it later that day, though. The Sheriff said the judge will more than likely be lenient due to the circumstances, but we'll see. I can always take the jail time to pay off the ticket if need be. I guarantee I won't be making the same mistake twice, for sure.

It's just the unjustness of having to deal with this stupid insurance company when the accident was his fault. I had to climb out of the passengers side to get out of the car cause his bike was lying there, and this was a two lane road for Christ's sake! Grrr.

I did get the accident report today, and it has a lovely drawing of his bike against the driver side door. I think things will work out. (Funny story...when we were at the courthouse and the Sheriff gave my kids little deputy stickers. My eldest said ,"No thank you, I want to be a scientist." lol)