Help. Trouble collecting for damages from the insurance
 

Hay guys,

I need some help in dealing with the insurance companies. This is for my dad. He does not speak english very well.

This is what happen.

While my dad was in the parking lot. He said he look and saw nothing and started backing up. He back up enough to the point where has enough room to go forward and get out of there and stop. When he was about to shift gears. He got hit from another guy who was backing out. They exchange informations.

The other guys insurance company called me and said they will pay half. Because they believe that that they backed into each other. The other guy said he look but did not see anything before backing up.

So, I said my dad did not back up into the other guy because he has already stop.

I believe the physical evidence support my father's story. Because it is obvious that his truck was struck at a 45 deg angle. and because the ile in the parking lot was about the length of my dad's truck. Based on these two physical facts my dad's truck at the point of inpact was passed the middle of the ile (therefore had the right of way).

Now they were suppose to called us yesterday so they could get a statement from my dad and they did not do so. I called them 15 minutes after the time they were suppose to call us and left a message. They have not gotten back to us today.

Is there a web site that informes me of my dad's rights or a goverment agency that has resources regarding this matter. Or if you guys have pratical experience dealing with these things. I am in california. And my dad's insurance is only liability so they would not pay for my dad's 1/2 of the bill. And my dad feels that it was not his fault.

THe best advise I can give is to hire an attorney, and let the attorney dealw ith the insurance company.

ALon

just do it
 

Take alot of pictures.
Make diagrams.
Do your own trajectory analysis on paper.

Be organized.
Write down dates and times of everything.
Log phone calls and what is said.

The more prepared youare in the event you need to use the law, the better you will be in a position to force the other insurance to pay up.

Can't be nice if it was not your fault.


The other ins. co. knows that your ins. won't spend money to prove them wrong.
That is why they are trying to 0-50 you.

Plus , if it is not your fault, this needs to be reported to the DMV so that your record is clean and you don't get tagged for higher insurance etc..

how's your neck feeling????

Alon is right.

BLAU---Did your dad call the police at the time of the accident? Were there witnesses? What is the extent of the damage? You could end up eating this loss as it seems there were no witnesses, the cops weren't contacted, and both drivers looked before backing and saw nothing. It seems your dad is lucky the insurance is paying half.

I have read so many cases where the cops weren't informed for these minor accidents and innocent parties end up losing just to save time. I know the police often say its not necessary to call them when there are no injuries but it seems to me when people make statements to the police the truth of what really happened comes out.

Contact a lawyer.

The exact same thing happened to me 20 years ago. The other insurance wouldn't even return calls. My insurance (AAA) said this was typical, to go to court. My insurance represented me as part of my coverage. (Check this out through yours - if they don't, then try small claims court as an alternative.) On court day, the other driver showed up, as did AAA attorney and myself. Their ins co. never showed, and the court issued a judgement in my favor after seeing my diagrams, photos, and analysis. (The other driver had no pics or diagrams, just a story). The court ruled in my favor, and I rec'd a check a week later from the other insurance co.

Do a search under "E500 owner in trouble"...explains the process you should pursue.:)