Sue his ***.

 

This guy is paying premiums for insurance, and then when it's time to collect benefits (his insurance co. paying for damage), he plays hide-n-seek. Maybe he has a high deductible, or doesn't have the right coverage, and would have to pay all/most of the cost himself, so he's forcing you (or your ins-co.) to sue him. In fact, since the damage was done to you, I don't think your ins-co can sue him, I think you would have to reimburse your ins-co, and then sue him yourself. I would start to document everything, and send certified letter to him, letting him know that HE casued the damage, and that HE is responsible for payment, and that you will sue him.

 

man that sucks. find him and shove a GPS tracker up his **** for next time

 

That sucks that cops wont file a police report. I had an issue with my old car in which whenever i would call the other party's insurance they would tell me they had been trying to get a hold of their customer so she could verify the accident story but they couldn't get a hold of her.
Luckily i had the police report with all her info so i was able to call her directly so she would own up...she was smart though, would avoid my calls until i tried calling form different numbers. I ended up talking to her mom...that did it...after 4 weeks or so she finally contacted her insurance to confirm the accident and things went ok after that.....
Moral of the story, if i had no police report i would have bee screwed

 

There will be no deductible for him on the liability to the car he hit (the OP) only to repair his own car. Honestly most state mandated insurance will cover the damage to one 350z even if its totalled.

there is no point in even talking to a lawyer. Most decent ones will not even touch a case like this because there is no money in it for them. Now if you had been hurt.. well then step right up to the lawyer gravy train.

Really your best bet is to suck it up pay your deductible and wait the 2-3 months it takes to go through the process and get it back.

I have done it both ways and from a time and trouble standpoint that is the way to go.

 

If the police in your local won't come out for an accident like that, the next time I would report that you were assaulted from behind and the assailant is still in the area. That should bring them out.

I have been backed into twice before, both times causing serious damage. Each time the other party failed to follow through as promised. Get the cops involved. It's less expensive and hassle than having to get an attorney.

 

Interesting use of the word "decent"

 

from

http://www.merriam-webster.com/dictionary/decent

4: fairly good : adequate, satisfactory <decent wages>

A crappy lawyer might take the case because he has nothing better to do than suck what little money he might be able to get out of this case.

 

LOL...'decent ' and 'lawyer' reminds me of the Megadeth song that says "..two words combined that make no sense"

 

2 a: conforming to standards of propriety, good taste, or morality

I'm just joshing zeekle.

 

It sounds like you let the ball drop. I have been in this situation at least 3 times. In my experience you have to aggressively pursue the other drivers insurance company RIGHT AWAY. I usually call from the site of the accident immeidately. I get the other driver to admit fault on the phone line and verify information right then and there (i.e. car and poliy number). That saves you the trouble of tracking the driver back down. In today's world you simply CANNOT leave the scene of the accident with merely insurance information. If the driver won't admit fault call the police. Take down the contact information for the claims processor for the faulty driver while you are on the phone. The police should have been called regardless of the type of accident. The driver committed a moving violation when he connected with your car, and therefore should have been ticketed. Should the driver refuse to admit fault at the scene, the ticket serves as a "silent" witness. I increase the fever pitch by driving (if the car is driveable) to my preferred shop at which time I call back the insureds company demanding immediate service like a madman! You have to fight for your money, your car and your rights. Hopefully the runaround you are dealing with will help you the next time around. An attorney cannot help unless you want to spend more money out of pocket. <STAND UP FOR YOURSELF>

 

Eat the deductible for now, and let your insurance company handle it. That's one of the services your premiums pay for.

No need to pay a lawyer for a service your insurance carrier will provide.

bill

 

hehe I was half afraid I misspelled something

 

Get real guys... kicking somone's a$$ or suggesting bodily harm will not put any $$ back in his pockets or get his car fixed any faster.

Here's what I'd tell my guys on Team Transport to do.

Take out a piece of paper and scratch out a lot of notes to make it look like you took it in the field. Write down everything weather conditions, locations, witness names etc... write in all diff directions making it look like you were just trynig to get it all quick.

then organize it all and type it out on the computer in an organized manner. take both sets down to the police station (or CHP). You can file your own report with the police at any time, as long as the statute of limitations has not expired. that's why it is always a bad idea to get into a little bumper rubbing with someone and take their word that it was no big deal without exchanging or notifying your insurance info. they can go file a hit an run report on you!

1. File the police report
2. Pay for a copy of the report
3. Contact your insurance and give them the police report # and/or send them a copy.
4. Your insurance will then go after the other driver's insurance
5. You will need to pay the deductible
6. If you agree to use your insurance company's preferred provider, they will most likely not require an adjuster and approve estimates from their vendor. (make sure to get a list of ALL their vendors to get a good one)
7. Your insurance should pay your repairs and medical (think about getting a new insurance company if this takes more than 2 weeks - after your payount of course)
8. You can always sue the other driver in small claims for your deductible, court costs, and documented losses/expenses not covered by your insurance since he did not follow through or play nice. You can sue for up to $7500 in small claims and lawyers are not allowed to represent in Small Claims

 

WHY WOULD YOU RELY ON YOUR INSURANCE COMPANY TO DO ANYTHING???
They have no interest in returning your deductible. Everyman for themself.
Why pay your deductible if you are not at FAULT? This is TERRIBLE advice.
Your insurance company only cares about how much they have to pay out
of pocket. This is simple. Act aggressively and take it out of the faulty party's
insurance policy. Need I remind everyone that each time you utilize your insurance,
regardless of fault, you can face increased insurance costs. Why cause yourself
more harm? The OLD way of doing things is outlined above.

 

Waste your money and time? because that is exactly what you will be doing.Everytime I get hit.I try to get the persons info of what happened. Then on the bottom I have them state that they are the ones at fault and accept responsability.Now if they won't do that. 911 the police and let them explain what happened.

 

yep

 

Actually they have a vested interest in getting your deductible back to you through subrogation because at the same time they will get THEIR money back from the repairs they did to your car.

Insurance companies work with each other much easier than they work with the consumer because they do this stuff all the time. Its not in their best interests to **** another company off on a small claim like this when tomorrow they might get stuck by another really big claim the other way.

I can tell you I have done this type of claim in the recent past (less than 3 years) and it did NOT have any impact on my rates and I got my car repaired to the higher standards for repairs of my insurance company (no used or aftermarket parts) VS the standards of the lower tier insurance company that the person that actually hit my car had.

It takes time granted to get your money back but thats they only real negative. Surely its cheaper than dealing with lawyer. Even dealing with small claims court your time is worth something!

 

That may be the case as far as resources coming to the scene. But that is certainly not the case with the OP going in and filing a report about what happened. OP, you need to do that. Also, don't listen to nonsence about AALs not being important. Insurance companies LOVE to deal with people who aren't represented. Go get a good PI AAL. They don't charge anything up front; nothing out of pocket

 

okay here's what has happened as of today. My insurance has cut the check to the bodyshop to get the work started. So far no word from the party(big surprise). I have called numerous lawyers and they have told me that basically property damage isnt worth fighting for. BUT they tell me that Ca has a 2 year stature of limitations and so if my back suddenly gets sore well then i might have a case.

right now i'm calling my insurance to get the $500 deductible waived since obviously it wasn't my fault. My insurance has already completed their investigation and found that all of our stories match, and that the damage is synonymous with everything i said. The subrogation process is still onging and Mr. "X" is still ducking the claim.

i've been trying to call him but he has turned off his voicemail box so that he can't recieve messages.

edit: i had a friend look up his number and it looks like he cancelled his number after my last call. He had a pre-paid GO Phone! Anyways after hearing that i got pissed and called his insurance and left a nice little message with the words legal action, police report etc...and they called me right back. Funny thing is they know it's his fault the rep told me that from looking at my estimate that i got rear-ended and there insured person is liable. Then i questioned as to why are they draggin their feet? I explained that i had 2 witnesses and then he played dumb and said "witnesses, i don't see anything...oh yah here it is" so now he's calling my witnesses that i provided since day 1 to get the story.