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Car accident - Other insurance says they won't pay

Discussion in 'Auto Accidents, Injuries' started by Vinny94, Dec 23, 2021.

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  1. Vinny94

    Vinny94 Law Topic Starter New Member

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    Jurisdiction:
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    I was in a car accident recently (no injuries). Was going through a traffic circle and the other person did not yield and hit my passenger rear door. The 90 year old woman said she did not see me and that it was her fault. Called the Police and received a Police report that states she was at fault. I also have dash cam video (front & rear) that clearly shows it was her fault. Called her insurance company and filed a claim and was told an adjuster will be calling in a few days. Never got a phone call. Left many messages but no call back. Talked to a manager and he stated that they cannot get a hold of the person that hit me for a statement so as of now they are not liable for any damages. Can they say that without even looking at the Police report (wasn't available at the time of the call). All he talked about was how they may not pay for the damage to my car and that I should call MY insurance. I really do not want to go through my insurance for this, especially since I have a Police report that says its her fault and video of the accident. Any other options ?
     
  2. Zigner

    Zigner Well-Known Member

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    Yes, of course they can say that. They have no duty to you. If you go through your insurance, they will pursue the other party for reimbursement.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Yes.

    Yes.

    You have it now. Send it to the claim rep. Along with a copy of the video.

    Understand that her insurance company has a contractual obligation to investigate any claims against her including getting her side of the story.

    Wouldn't you want your insurance company to do the same for you? Of course you would.

    First, get a repair estimate from your favorite body shop. Then, write her a letter reminding her that she admitted fault and you have the video. Advise her that you will sue her for the repair cost if her insurance doesn't pay for it. Attach a copy of the estimate. If your repair cost doesn't exceed the Florida small claims limit of $8000, fill out and attach a small claims complaint form (but don't file it yet).

    Send it to her certified return receipt and regular mail with a delivery confirmation (no signature). Both ways gets it to her and you have the documentation.

    Send a copy of all that to her company's claim rep.

    That should get you some results.

    If it doesn't then use your collision coverage and let your company seek reimbursement.

    If you are concerned about your rates and your deductible, your rates are going up no matter what you do and your deductible will be refunded to you when your company is reimbursed.

    Come back to this thread if you need any more help. I'm a retired claims adjuster.
     
  4. Zigner

    Zigner Well-Known Member

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    Is this a Florida-specific thing? In my state (most assuredly NOT Florida), a not-at-fault accident doesn't increase insurance rates.
     
  5. army judge

    army judge Super Moderator

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    A FL attorney explains their auto insurance law:


    What Does Florida’s No Fault Auto Insurance Really Mean?
    in Insurance
    Florida is a “No-Fault” insurance state as it relates to automobile liability insurance. This is an often misunderstood topic. Drivers who may have caused an automobile accident in Florida and had a claim brought against them sometimes wonder how those claims were allowed if Florida is a “No-Fault” state. Those drivers incorrectly believe that because we are a “No-Fault” state, they can’t be sued for injuries they cause in an accident. Under Florida law, every motorist is required to carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage. A driver’s PIP coverage, as this type of insurance is most often known, is to cover medical bills and lost wages the driver may suffer in an accident, no matter who caused the accident. When a crash occurs, each person involved in the crash turns to his or her own insurance company to pay the costs of medical care and other losses. By contrast, in an “at-fault” state, drivers may choose to file a claim with their own insurer of a claim with the other driver’s insurer, or file suit against the other driver to prove fault t determine the one responsible to pay the costs of the accident.

    Florida Drivers Can Be Left Unprotected for the Costs Associated with Car Accidents under Florida’s No Fault Insurance Scheme

    What many drivers do not realize is that, under Florida’s no fault statute, their PIP coverage by law only covers 80% of the medical bills which they may incur in an accident as well as only 60% of lost wages or income they may suffer in a car accident. Their PIP coverage is also subject to whatever deductible they may have chosen. The deductible will lower your premium but it will also mean that you become personally responsible for the first $1,000 in medical bills or lost wages. As an example of how this would work, assume you have a $10,000 PIP policy with a $1,000 deductible, the absolute minimum required under Florida law. You are hit by another driver in an accident in which the other driver is clearly at fault. Assume you go to the emergency room and your medical bills are $2,000 plus you are out of work for one month and lose out on $3,000 in income.

    If you did not suffer any injuries in the accident which are considered “permanent injuries” under Florida law (see below for how this is defined), you are then only entitled to receive $2,400 from your automobile insurer ($1,600 of medical expenses + $1,800 in lost wages- and taking in to account your $1,000 deductible) even though your total damages were $5,000! If you did not suffer any permanent injuries as a result of the accident and your total losses are less than $10,000, you cannot sue the other driver for the remaining $2,600 in damages you suffered as a result of that driver’s actions.

    Exceptions to Florida’s No-Fault Insurance Scheme

    There are exceptions to Florida’s “No- Fault” law that permit a motorist to directly sue another motorist who caused the accident. The first exception to Florida’s no fault statute is if a person suffers a permanent injury as a result of the accident, Florida statute (627.737(2)) defines a permanent injury as: (i) significant and permanent loss of an important bodily function; (ii) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; (iii) significant and permanent scarring or disfigurement; or (iv) death. Accordingly, if a driver suffers a “permanent injury” as defined above, then he is not subject to the “No-Fault” limitation against the at fault driver and may be able to bring a claim not only for medical bills and lost wages but also to recover for pain and suffering and other “intangible” damages suffered as a result of the accident. Another exception would be if the injuries suffered are not permanent, but the medical bills (or lost wages) total more than the $10,000 in PIP coverage. In that instance, a claim can be brought to recover the medical bills (or lost wages) not covered by the PIP insurance.

    Obviously, even though Florida is a “No-Fault” state, the application of the law is limited since it only applies to those accidents in which the medical bills and/or lost wages or lost income do not exceed $10,000 and where someone has not suffered a permanent injury.

    What Does Florida's No Fault Auto Insurance Really Mean? - Personal Injury Attorneys Schwed, Adams & McGinley
     
  6. Zigner

    Zigner Well-Known Member

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    Thanks for sharing that, Army Judge, but this thread doesn't have to do with personal injury. It is (or, rather, appears to be) a property damage matter only.
     
  7. mightymoose

    mightymoose Moderator

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    That is likely the fastest way for you to get this resolved.
     
  8. army judge

    army judge Super Moderator

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    The article addresses MORE than personal injuries, mate.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    There may not be a specific surcharge for a not-at-fault accident but, unfortunately these days, a not-at-fault accident may lose a discount. Plus, most of the insurance buying public see rate increases every renewal anyway. The cure for rate creep is shop around for another company when it happens.
     
  10. Zigner

    Zigner Well-Known Member

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    From what you shared, I didn't see that. I didn't read the source article.
     

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