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scandmx5
03-30-2011, 03:29 PM
I got a decent quote of how much Geico will give me for the accident from their adjuster today. However, the ******bag that pulled out in front of me is disputing the claim and says that's not what happened (what I said, and the police department report says) he was ticketed for failure to yield. The Geico rep on the phone gave me some bs about "the officer wasn't there, so he doesn't know exactly what happened"
:facepalm:
So now it's their driver vs. me. It was Friday and everyone was running home, so no witnesses stuck around. They said they were going to look at damage pics from my car and his car, and images of the streets, etc where it happened and justify what happened (since they weren't there either, nor at the scene of the accident like the officer that was) Any advice on what to do?

GVfanatic
03-30-2011, 03:44 PM
I hate people. Fvck that dooshbag and his mother. It shouldn't matter if the cop was there. You were on main highway traffic and he pulled out in front of you from a side road. That dumb fvck is suppose to yield to you. Its his fault for pulling out into oncoming traffic.

RotorNutFD3S
03-30-2011, 03:54 PM
Somehow the insurance companies don't seem to think in such simple terms as that. Although that's the conclusion that they should come to as well but I don't think you have much choice but to let them perform their "investigation" as they're controlling the settlement. You can consult a lawyer of course, they usually make the first consultation/advice session free, just to get an idea of where this could be headed.

Did you go to a Dr./hospital anytime during or because of this accident? If so, not only do they owe you for repairs, they will owe you a pain and suffering settlement as well. The longer they drag this out and don't settle with you, and when the case is found to be in your favor, the more that they will owe you.

scandmx5
03-30-2011, 05:41 PM
That's the problem, the money they agreed to pay (that THEY quoted me) isn't enough to warrant getting a lawyer for. Sub $1000, but still it's money owed. Glock funds, Miata funds, etc... His fault, his ticket, his dumbass decision to pull out and failure to yield. No medical attention was needed, I was fine. I called my insurance (State Farm ftmfw) and she said if they keep dicking around to tell them I'm going to consult the insurance commissioner's office of the state of GA and wait it out.

I called Honda Carland but they don't have cameras out front and that would have been my only witness, since no one stopped. It really sucks too because it was a Friday so everyone was headed home in a hurry. I really hate how a liar can get away with something like this, and I was completely legit, honest, and the victim of his negligence. I'm not out for some b/s amount, or wanting money for something that didn't happen.

Dr.Drew
03-30-2011, 05:55 PM
The good news is that's is extremely difficult to change fault after an officer writes it. There are even cases out there where there is video evidence but the court still rules on whatever the accident report says.

99% chance you'll win.

jester911
03-30-2011, 06:03 PM
I agree with Drew. They are just stalling. They may not pay off as quickly as you would like but they more than likely will.

lance
03-30-2011, 07:09 PM
That's the problem, the money they agreed to pay (that THEY quoted me) isn't enough to warrant getting a lawyer for. Sub $1000, but still it's money owed. Glock funds, Miata funds, etc... His fault, his ticket, his dumbass decision to pull out and failure to yield. No medical attention was needed, I was fine. I called my insurance (State Farm ftmfw) and she said if they keep dicking around to tell them I'm going to consult the insurance commissioner's office of the state of GA and wait it out.

I called Honda Carland but they don't have cameras out front and that would have been my only witness, since no one stopped. It really sucks too because it was a Friday so everyone was headed home in a hurry. I really hate how a liar can get away with something like this, and I was completely legit, honest, and the victim of his negligence. I'm not out for some b/s amount, or wanting money for something that didn't happen.

Tell them you were shook up in the accident and have not been feeling well lately and may have to go to a Chiropractor, see what happens. I would guess quick settlement:lol:

scandmx5
03-30-2011, 08:22 PM
The good news is that's is extremely difficult to change fault after an officer writes it. There are even cases out there where there is video evidence but the court still rules on whatever the accident report says.

99% chance you'll win.
So in other words, I should go to his assigned court date? I don't think I could speak or argue the case though. I hope they don't do it where they throw it out as long as he pays the fee, and he gets off Scot-free. The officer gave me his number extension, so I'm thinking about calling him tomorrow and letting him know what is going on, and that the guy is probably going to fight it.

I agree with Drew. They are just stalling. They may not pay off as quickly as you would like but they more than likely will.
Hopefully that is the case
Tell them you were shook up in the accident and have not been feeling well lately and may have to go to a Chiropractor, see what happens. I would guess quick settlement:lol:
When they call back and say they aren't going to pay I'm just going to flat out say "I'm not one of these people asking you to fix dents in my car that were there 5 years prior, I'm not making false claims, and I'm not trying to claim medical, pain and suffering, etc...However, I do have a severe anxiety now when I'm driving, I'm worried someone is going to pull out in front of me and I have flash backs to the accident" (which is true). If it gets drug out, then it will be their fault not mine. I just want what they said they would pay if the dispute rules in my favor. I've never been in an accident with another vehicle and have a clean record, I'm willing to bet the opposite on the other guy. This sh!t is just stressful, now I know why people hate insurance companies

oldgrayfrog
03-30-2011, 08:32 PM
I agree with Drew, the guy was ticketed it's going against him. I would however tell the insurance that you are visiting a chiropractor and pain specialists at Shepard Pain Institute, because of soft tissue damages and lingering pain issues....

scandmx5
03-30-2011, 08:43 PM
I agree with Drew, the guy was ticketed it's going against him. I would however tell the insurance that you are visiting a chiropractor and pain specialists at Shepard Pain Institute, because of soft tissue damages and lingering pain issues....
Between you and Lance, I swear I feel like it's a Ken Nugent commercial :lol:
They'd call b/s so fast for that because I already told the officer and the Geico rep that I wasn't injured.

FooSchnickens
03-30-2011, 08:45 PM
So is the toolshed who pulled out in front of you or his insurance company the ones telling you this or is it your agent at State Farm? If it's the former STOP TALKING TO THEM NOW. ALL communications regarding the claim should be done directly between the two insurance companies now since they have made it clear that he is disputing the charges. As soon as you say one little thing wrong they will use it against you. Guaranteed. The ONLY reason you should be talking directly to the other party is to be giving them the contact info for your agent. Period.

If he or his insurance company call you again, give them the contact info for your agent and hang up. If the other side needs any info, they can get it from your agent after they are advised by their legal team. Larger insurance companies have a huge legal team that work on these cases for you, that's part of what your premiums pay for.

As far as the court date, I would attend it knowing that he's going to try and dispute it. Get a copy of the police report and make yourself familiar with the officer's notes. I might even go so far as getting in touch with one of the public defenders at the courthouse and see if they would represent you in lieu of hiring a lawyer. They aren't the best legal counsel out there, but they'll make sure you say the right thing if you have to make a statement in court. If you skip all that and they want you to make a statement beyond what you've already given to the police/insurance company and you don't have a lawyer, ask for a continuance so that you can obtain legal counsel (for the same reason stated above).

tl;dr

don't tell the other team anything

Dr.Drew
03-30-2011, 08:46 PM
There's no point in going to his court date because it's not an actual trial. Now if he pleads not guilty and it does go to trial you may be asked to give another statement.

Like I said though, it's damn near impossible to switch fault unless he has very hard evidence and the cop agrees with hin

FooSchnickens
03-30-2011, 08:48 PM
Derp, You're right. It will just be a prelim. hearing. Disregard my last paragraph in my previous post unless you start getting letters from lawyer's offices in the mail. And then direct those letters to your insurance company.

Beastinthebushes
03-30-2011, 08:49 PM
Im with Foo.

And you should call Ken Nugent, one call, that's all.

scandmx5
03-30-2011, 11:18 PM
I don't think my insurance company is going to represent me unless dickwad says I was at fault, then that's when they get involved. I have liability only on this truck anyway. My agent gave me all kinds of things to say and do, but they didn't mention representing me unless I went and got all the repairs done, etc if Geico refused to pay... then she said State Farm attorneys would go after them and I wouldn't have to worry about a thing. My insurance company shouldn't be involved I would think, unless they were having to shell out money. You can bet if I was the Geico driver and another driver insured by X brand insurance was at fault- then that police report would be totally enough for them.
I hope Drew is right

Im with Foo.

And you should call Ken Nugent, one call, that's all.
I would never show up being represented by a TV lawyer. :lol: That's more for the people that are sue happy, and live in Section 8. That's why you only see those commercials on daytime tv, so they can reach their main demographic- the unemployed looking for money :lol:

scandmx5
03-30-2011, 11:25 PM
interesting-
http://geicocrap.com/

GVfanatic
03-30-2011, 11:26 PM
the unemployed looking for money :lol:

hmmm.......

VitaminD
03-30-2011, 11:43 PM
would never show up being represented by a TV lawyer. :lol: That's more for the people that are sue happy, and live in Section 8. That's why you only see those commercials on daytime tv, so they can reach their main demographic- the unemployed looking for money :lol:

I have a friend that is related to Mr. Nugent. I agree that he targets a demographic, but he didn't get where he is by sucking.
BTW, you don't have to accept a settlement by an insurance company, argue their offer. The only accident I have been in where I was driving, I received about $1200 more than I paid for the car.
Just saying...

scandmx5
03-30-2011, 11:54 PM
BTW, you don't have to accept a settlement by an insurance company, argue their offer. The only accident I have been in where I was driving, I received about $1200 more than I paid for the car.
Just saying...
That would be great but I don't want to drag it out any longer than necessary. I'm not asking for extra, or trying to get away with as much as I can. I just want it to be over- I get my check for the amount they said, and he gets points on his license for being a moron.

VitaminD
03-31-2011, 12:21 AM
That would be great but I don't want to drag it out any longer than necessary. I'm not asking for extra, or trying to get away with as much as I can.

You make it sound so sinister. :lol: I was hit by a off duty Cumming Police officer that happened to be drunk (empties fell out of his Toyota truck when he got out).
My advise was more directed at getting what your car is worth, and not what the insurance company believes its worth. My car was extra clean and the insurance company(cant remember who it was) came at me low. I got what it would cost me to replace the vehicle, which was definitely $1200 more than they came at me with.

FooSchnickens
03-31-2011, 01:00 AM
Nothing like a hot shot from a hot cop.

VitaminD
03-31-2011, 01:11 AM
Nothing like a hot shot from a hot cop.
Best part of the situation was the denial and dodging that went on by the responsible party.

RotorNutFD3S
03-31-2011, 07:51 AM
I'd check regarding attendance at the initial hearing. Some counties do it differently than others. There are some that will dismiss the case if both parties are not present and the offending driver isn't even asked to enter a plea. I have personally seen this happen in Fulton Co.

metalman
03-31-2011, 09:55 AM
I already told the officer and the Geico rep that I wasn't injured.

Bummer. Thats where you screwed up. :lol:
Seriously, that is a question that is of primary interest to adjusters. They tend to pay very quickly, even toss in extra cash, if one acts like they might have 'pain & suffering' or medical bills.

scandmx5
03-31-2011, 10:01 AM
Well I just got an email saying "we've reviewed the evidence and need you to call us at your earliest convenience to discuss our decision" so I'm kinda nervous. The insurance commissioner's office said if they don't pay then I can have SF go after them (which is doubtful because I only have liability) or to take dickwad to small claims court, which I may have to do. I'd like to get a written statement from the police officer as well.

scandmx5
03-31-2011, 07:48 PM
:banana: :banana:
payment on the way

wonton
04-02-2011, 06:27 AM
what are you gonna do with the truck? get it fixed or buy something else?