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question for car insurance law experts (Page 2)
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ProwlerOnline, Plymouth/Chrysler Prowler Discussion Forum
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question for car insurance law experts (Page 2)
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| This topic is 2 pages long: 1 2 This topic was originally posted in this forum: Tires, Rims Discusssion |
| Author | Topic: question for car insurance law experts |
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lavka Prowler Junkie Posts: 884 |
posted 07-02-2003 02:21 PM
Hypothetically speaking of course... Imagine you were hit head on by another car and suffered an injury. The police report and eyewitnesses clearly convey that the other driver was at fault. The other driver's insurance company discovers he had a seizure which resulted in the accident. They call it "an act of god" and refuse to pay. Is it legal? |
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tangled up in BLUE Prowler Junkie Posts: 11086 |
posted 07-02-2003 03:20 PM
...Good old insurance companies....any way to avoid paying a claim....I am sure things have changed, but a long time ago my sister was killed in an auto accident nearly identical to this....the other lady had a seizure,, passed out at the wheel and hit us head on....the other insurance company paid all of our bills and there was a cash settlement too.....your insurance company should be the one fighting this, unless it is common practice these days not to pay....insurance companies can and will insure you for ANYTHING, except what JUST happened...but now, if you want to make an amendment to your policy, just incase lightning does strike twice, they WILL take the extra premium......politicans, lawyers, and the insurance companies are really the only beneficiaries from your policy payments....everyone else usually gets the "BIG GREEN WEENIE"...... |
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GUB Prowler Junkie Posts: 239 |
posted 07-02-2003 04:48 PM
quote: I am not an attny.If you have insurance and the other party has insurance, than your insurance company is responsible for the claim. If the other carrier wants to claim an act of G-d, I'm sure your insurance company can tell them to tell it to the judge! Just get your ducks in order and let the companies fight it out. YOUR COVERED, REGARDLESS!!!Anyone can claim it's not my fault and anyone can say I don't want to pay. THAT IS WHY YOU HAVE INSURANCE AND MEDICAL!!! sandy g. |
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Neal & Mary Ann Bardens Prowler Junkie Posts: 587 |
posted 07-02-2003 07:05 PM
You need to get your insurance agent working on this. Each state has a department that oversee's insurance companies contact them and provide written documents about the incident and they should investigate the incident. My truck was hit once and the other company was not wanting to pay and I sent the complaint to the Indiana Department of Insurance and the matter was cleared up in my favor in less that 30 days. Neal ------------------ |
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idive Prowler Junkie Posts: 8483 |
posted 07-02-2003 09:40 PM
Its legal, and they will get away with it IF YOU LET THEM. What you need is an atty. You will have to hire an atty on a contingency fee basis *no cost to you til you win* and sue the other driver. His insurance will pay then. It'll just be a matter of time. And believe me, they will take their time, drawing it out to your financial detriment, and give you loads of crap to follow in hopes you will settle earlier. Its unfortunate that you have to take that route. Word of advice... don't settle with them until you are comfortable that you are healed from your injuries. I learned that the hard way. Theoretically, you typically sue for 3 times your medical damages (after you get paid for your car). The atty gets 1/3, med bills get paid with 1/3, and you get 1/3 for pain and suffering. Don't let anyone try telling you that YOUR personal injury protection coverage reduces THEIR responsibility to pay ALL your medical bills. If you file a claim on this with YOUR insurance company, it will go against you. Its HIS ins. co. thats responsible. Good luck. ------------------   |
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GUB Prowler Junkie Posts: 239 |
posted 07-03-2003 05:20 AM
quote:
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SirReal Prowler Junkie Posts: 3332 |
posted 07-03-2003 05:19 PM
My Grandfather, a great man and my hero, at 97 was killed in a head-on. He was still a good driver and had recently been issued his DL renewal. The accident report said he had crossed over the line into the path of a pickup truck. The driver of the truck was killed also. The passenger with the driver of the other truck was severely injured. My Grandfathers insurance paid everything that was covered in his policy. The surviving passenger is now suing his estate which is what he would have wanted to cover her loss. I believe he had a heart attack which is certainly an act of God. But I know if he were still alive he wouldn't hide behind a loophole for his own gain. He was still very vital at 97 maintaing his own home and helping anyone that needed it. Though he had outlived his same-age friends, his funeral was standing room only with people whose life he had touched and enriched. This happened just a couple of months ago. I Love and Miss you Grandpa Jeff |
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lavka Prowler Junkie Posts: 884 |
posted 07-03-2003 05:34 PM
SirReal, I feel your pain. Sorry to hear of your loss. The question I originally posed did not happen to me but to someone on another car enthusiast message board that I frequent. I am in disbelief that this could be legal but stranger things have happened. |
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YellowFever unregistered Posts: 884 |
posted 07-03-2003 05:41 PM
My experience has been that insurance companies are in the business of "collecting" money and not haphazardly "doling up" money. Depending on what insurance company and what time of their fiscal year, this may be easier or hard to get them to belly up quickly. I witnessed one of these about 7 yeras ago. A woman was driving a van next to me then irratically drove into oncoming traffic, then into the ditch on the other side of the road, did a 180 and then slammed into a motel room back on my side of the road. Watching this all go on in my rear view mirror it looked like a sceen from a chessy movie. Anyway, I went back to assist and thought she might be drunk or had a heart attack. She had a epileptic seizure. Her insurance paid for everything from what the motel clerk told me later. |
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SirReal Prowler Junkie Posts: 3332 |
posted 07-03-2003 05:50 PM
Thank you Lavka. It's intersting how 'legal' and 'ethical' are not always in sync. Jeff |
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