I was going about 40mph on a 3 lane street, I signaled, merged from the center lane to the right lane. I had about 5 car lengths behind me to the next car, when I get into the lane, I have to slow to a stop, 2 seconds later the car behind me slams into me. The damage is very minimal, but there is damage. I had neck pains and so did my passenger. I filed a damage claim and injury claim. Unfortanately, I didn’t get a police report; I thought it was an easy case since he hit me from behind. But this guy decided to claim that I cut him off and I was not completely in the lane when I was stopped, which is completely false. What should I do? I received a letter to call the California Department of Insurance Claims. Do I have case? I really feel this person should not get away with not paying for the damage to my vehicle because he twisted the story..
Yes I had Geico and in California. Everything was reported to my insurance and I made my statement to their insurance. I received a letter today, 1 month after the accident, that they denied my claim. That I was at fault for doing “an unsafe lane change”. Which is ridiculous! He was claiming that I cut him off and was not completely in the lane. Which is also false. I signaled and merged in the lane, 2-3 seconds later, he hit me from behind. Damage is directly behind me on the right rear bumper, his damage is left front.
I’m just looking to get my car repaired. My neck does and so does my passenger but I can deal with it. I mainly want my car to be repaired at that person’s expense. So what happens after this? Should my insurance provide the next step or do I have to report this to the California Insurance place?
Posts Tagged ‘CLAIM’
My car accident claim was denied, I was not at fault. What should I do next?
Monday, September 6th, 2010Car accident claim question?
Sunday, September 5th, 2010My wife was in a car accident she tore her acl and minscus dr told her she needs to have surgery. The other driver was at fault and admitted this at the scene. The cost of the surgery is 20,000 plus rehab and time off of work. We are turning the claim into my health Ins who will then go after the driver at faults ins. The other drivers limit is 25000 bodily injury. If the limits are exhausted for my wife where do we get our pain and suffering and how much can we do you think we will get. I understand that there’s not a direct formula on what we can get. Also we were told we could go after the driver of the car my wife was in and use there under-insured motorist coverage. Is that coverage able to pay for pain and suffering. Thanks
My wife was the passenger. Her sister was driving and if was her grandfathers car. My wife and I are not named insured on any active policy.
I had car accident today. How can I claim the money from anther guy’s insurance company as 3th party.?
Saturday, September 4th, 2010I am waiting for the car accident report. I dont know the other guy’s insurance company and any information yet. Will his information show on my accident report? , And then I call up his company and claim the money base on what the report said whose fault is?? And how long the claim process will take? I mean when the investigator will come and check the car? I want to get car fix fast. Thanks for help
In car accident, can someone claim bodily injury AFTER being denied initial repair claim? Can they sue after?
Wednesday, September 1st, 2010I was in a car accident. We were at a stop light. He accelerated when light was about to change, I followed. However he slammed on his brakes and I rear-ended him. He had no damage to his vehicle (according to HIS insurance), but my vehicle has hole from where his hitch hit near my vent. He is NOW claiming bodily injury, everyone is suggesting he’s a fraud (his insurance is hinting they don’t believe him). If he is denied, can he sue me personally??
How do I claim my deductible and rental car insurance from someone without insurance?
Wednesday, August 25th, 2010What is the best way for me to get my money back (deductible and rental car costs) from someone who caused the accident, but who’s insurance turns out to not be valid? She is insured with Geico, however when I called them – they said it is likely that there is something wrong with her policy and they will probably not cover the cost of the accident. I’m guessing she didnt pay her monthly bill, or something similar which caused them to void her coverage. Can anyone suggest what I need to do to recover my expenses for the accident she caused?
Insurance claim – repair damage on my own?
Tuesday, August 24th, 2010I have a $500 deductible on an insurance claim for $866. A friend of mine is in the Auto Body industry has agreed to help me repair and repaint the vehicle so I can avoid the deductible. In general will the insurance company allow this to happen, do we have to use parts supplied by the manufacturer or can we utilize aftermarket or used parts, what will they expect before the claim is paid? Any advice would be appreciated
Simple Accident Claim not Fully Explained
Monday, August 23rd, 2010Compensation for accidents claims can be complex and difficult to work out. In some cases the issue of who is at fault may not be clear cut and it could take time to collect the evidence to determine the facts of the accident.
In other cases the injuries sustained may take some time to develop and until that happens, no one is really sure of the entire extent of the damage, and thus what would constitute a fair amount of compensation. However in a few cases some things seem to be pretty clear cut, in which case determining liability and settling the case should be a fairly rapid process. This is what was thought about John Dai’s case of a simple road traffic accident, but it turned out to be a lot more complicated due to actions by his lawyers.
John Dai, from Australia was hit from behind by another car whilst slowing for traffic lights in his station wagon. He had been on his way to work, at a computer accessory company when the accident had happened. The case was simple enough as the other driver was clearly at fault, all that needed to happen was to arrange compensation through the insurance companies. Although Mr Dai held Australian residency his English abilities were limited so he sought the services of a solicitors firm which offered a translating service so he can understand the case in his native Chinese language. Throughout the case Mr Dai kept abreast with all the paperwork and attended the various necessary meetings. When his case was finally settled he attended a settlement meeting with his lawyers and was presented with a check for $155 thousand Australian dollars. Mr Dai confirmed with his lawyers at the time that this amount was all that was due to him and his lawyers agreed. However when re-checked his paperwork from the case he sawa figure of $240 thousand dollars in a letter about a compromise offer with the insurer. Mr Dai wanted to double check the figure so went back to his lawyers but nothing changed.
Mr Dai only found out the truth of how much he received in compensation when a year later he applied for a health card but was told that he was not eligible because of a lump sum of $375 thousand dollars he had received due to the crash. This was a huge shock as Mr Dai had never been aware of the full amount paid out for the accident claim. When signing the final documentation there had been no mention of the legal fees his lawyers were going to charge him and Mr Dai never received a bill. Adding the amount of compensation Mr Dai actually received, to necessary state costs still left $125 thousand dollars unaccounted for. The Lawyers in question say the case file has now been lost meaning finding the truth of the missing money’s whereabouts is going to be difficult. This story serves to remind victims of accidents to agree on legal costs prior to making the claim for compensation.
Should I report a car accident to insurance company if i don’t want to file claim?
Tuesday, August 17th, 2010I was in a car accident. I hit the other car when making a left turn. No personal injury but other car has damage. The police came and write a report. I do not want to file claim since my car has minor damage. My question is should i call my insurance or should i wait for my insurance to contact me?
I did call my insurance and report the accident but agent said that if i am not filing a claim then i don’t need to call. Wait until the other party contact my insurance then they will contact me to gave them my statement.
general release of claim (auto accident) in ontario?
Monday, August 16th, 2010How do I write a general-release for accident privately settled without involving an insurance company?
UK Accident Claim Company
Friday, August 13th, 2010If making a claim for the injuries suffered in an accident is a problem, then seeking professional advice can help get suitable compensation. Approaching an accident claim company can be an even better idea. These companies have abundant experience in handling claims cases. The injury specialists can guide a person get suitable compensation.
A person may have suffered various kinds of injuries. Road traffic accidents, car accidents, holiday accident, personal injuries, industrial accidents, etc. No matter how and where the injury has occurred, a claimant can seek compensation for the losses suffered. The injury specialists can help victims of accident get suitable compensation. A person can also make a no win no fee basis claim. Under this arrangement, a victim need not pay any fee to the claimant if the claim is unsuccessful. The reason for this being that the solicitors will claim all their costs from the insurers of the person responsible for the accident. To succeed in the claims case, the claimant must be able to prove that the injury has resulted due to the negligence of someone.
In legal terminology, negligence means a failure to take reasonable care to avoid acts and omissions which may have resulted in an accident. The amount payable to compensate the claimant is made up of general damages and special damages, including any future loss. Many people have successfully made accident claim with the help of accident claims solicitors.
General Damages:
These types of damages cannot be assessed appropriately. It includes the compensation for the injury itself involving pain and suffering. Damages for pain and suffering are normally established following review of medical reports obtained specially for the purpose.
Special Damages:
These types of damages include items of loss which can be calculated reasonably accurately. A specialist accident compensation solicitor will claim all losses sustained including reduction of earnings, traveling expenses for medical treatment, cost of medical treatment and medicines, personal effects damaged in the accident, and the excess on an insurance policy. A claimant must document the losses by the production of receipts. In the absence of receipts, the solicitor must make estimates of the losses and verify these by other documentary evidence.
Future Losses:
The calculation of these losses is slightly difficult. they may be slightly complex and if, as a result of the accident, if you have suffered losses that are likely to continue for the foreseeable future then your compensation award needs to take these into account.
Accident claims are not uncommon. There are many cases wherein victims of accident have received compensation for the losses suffered in a short period of time. A claimant is entitled receive compensation if the injuries have resulted due to the negligence of the other person. Claims companies can help get compensation quickly. They can provide all the required information on claims cases.
