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Old January 14th 08, 04:19 PM posted to rec.autos.driving
C. E. White[_1_]
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Posts: 933
Default Underinsured motorist at fault in accident- any suggestions to come out


"Alexander Rogge" > wrote in message
...
>> I hit the pickup truck in the rear end corner .The driver hit
>> bushes
>> on side of road.
>> So, far the insurance claim had come up to 35000$.

>
> Most pick-up trucks aren't worth $35,000. You need a different
> value estimator.


Why do you think that? Have you priced a full sized diesel pick-up
truck lately? Without more information (truck model, age, options,
damage, etc.) it is impossible to say that what the replacement cost
might be. I also suspect there might be injury charges included. No
matter how minor the accident some people develop ailments that they
attribute to the accident. My son was in a extremely minor incident
(his foot slipped off the brake and he rolled forward and touched a
car in front at a light). There was absolutely no property damage, not
even a scratch on a bumper, yet the driver of the car he touched is
claming a neck injury and suing for damages.

>> Should I approach an attorney for solving this?

>
> Your insurance should be doing that for you. You shouldn't be
> billed for more than the sale price of the truck. It sounds like
> you are being swindled.


Could be. However, an insurance company is not necessarily looking out
for your best interest. They only care about their best interest.
Another example. My other son was in a parking lot accident that I
felt was mostly the other drivers fault. My son was turning into a
parking space and a car tried to pass him on the right as he was
parking, resulting in damage to the side of my Son's car and the front
of the other vehicle. The police investigated and noted my son did not
use his turn signal. The police ignored witnesses who described the
accident. I contacted the insurance company and was assured that my
son was not at fault and that they would not pay any claim by the
other party. Unfortunately they also explained that under North
Carolina law the other party would not have to pay either, since it
was obvious both parties were at least partially liable. I was not
ahppy, but let it go. A few months later, when I got my insurance
bill, I was shocked to see a large increase. When I queried the
company, I was told that the rates had increased becasue they had paid
out after an accident (my Son's parking lot accident). It turns out
the other party in the accident had hired a lawyer and was threatening
to sue and my insurance company just paid the claim rather than fight.
They never told me that they were going to do this. I understand that
this is their right. However, if I had known they were going to treat
the claim this way, I would have hired my own lawyer and sued the
other party under the same basis.

>> ....As a final option, I am thinking of filing a bankruptcy.If I do
>> so,
>> wat major problems will I face?

>
> You would be in bankruptcy, which is a big problem.


If you have no money, and no insurance, the other party is unlikely to
sue, particularly if they are running a scam. Not much profit in suing
poor people with bad insurance.

I think it is silly of you to have such low liability limits. $15K
would barely cover the cost of a modern stripper (Corolla S, Focus,
Honda Fit, etc.).

Ed


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