Friday the 13th of Feburary. I am getting all set to head to Florida that night. I had my car 98 E320 detailed and readied for the trip. I had a vibration in the front end at highway speeds develop so I figure let me take it to Mavis and see if a weight came off? I am pulling into the Mavis parking lot before a fourway intersection with a traffic light. Two lanes in each direction so I slowing look out passed the first lane which is stopped for someone taking a left. No cars are there and the light goes red. So I go. I look right as I am about to hit the raise in the driveway and see a white flash and then my car is spinning and smoke is everywhere. I gain my senses and see I am covered in glass. I wiggle my toes and fingers(old reaction to a football injury) all good. So I get out of the car and run to the other driver. Young girl early twenties airbags deployed and some blood. I keep her stable and medics arive. Off to the hospital we go. She is screming I am an a$$hole my fault this and that. Well the smart one she is doesn't realize how loud she is and who is around. Yells to her father who showed up that she didn't take her meds(????) and that she ran the light. Well I don't have to tell the nurses the alert the officer who responded because he was RIGHT THERE to hear it. A witness gave the report that she sped up 3 to 7 seconds after the light went red and gunned it through. Cut and dry case. Oh I still head to Florida in a rental. While the car is sitting in a butcher shop of a lot yard I have some friends take out my stereo and other stuff. I was told by the yard and the adjuster that the car is totalled. So I tell my friends bust open the trunk it doesn't matter. So insurance time now. State Farm(hers) SUCKS. They decide maybe the car can be fixed. Well this sis now aproblem. since I have now caused post accident damage to the car. They claim that they will not cover the trunk damage. I lose it. Their adjuster claims he never spoke to me and never gave me any info. Meanwhile I have his name and info that no one at State Farm can explain how I got his name number and CARD. anyway. a battle ensues about who is paying for what the body shop is doing no work to the car becasue the second they do the car must be fixed. I at this time am given a rental. well April 12th rolls around the car has not been touched and State Farm states they are not paying for a rental anymore. I lose it stating they should contiue to pay becasue their screwup caused this delay and I still have no car. Well they extend the rental till May 3rd and that is it. So may 3rd rolls around and I have no rental and no car back. My insurance company (geico) SUCKS MORE. No help throughout the entire process. They give no rental and belived a whole new line of BS from State Farm and close the case on their side. So I will finally get my car next week and a new insurance company when my policy expires. Thanks for reading my frustration. Oh by the way Florida was great finalized my new home. If anyone wants pics I will eamil them or if someone wants to post them in this thread I will email them. Thanks.

 

That sucks....the important thing though...at least your alright

 

If you have a police report that shows the other driver was at fault and cited, can you sue her for the difference of what the insurance companies are paying for repairs?

Richard E320

 

Here is the deal regarding insurance companies...

When you purchase an insurance policy, the insurance company takes on the responsibility, to the extent of liability you would have contributed to a motor vehicle accident.

If someone has commited a criminal offense, the insurance company protects you for your involvement, excluding whatever criminal charges you may incur. So say if someone was drinking and they caused an accident, the insurance policy would cover the driver, unless any exclusions were addressed, to the extent of the policy limits of the driver. You could file suit against the driver for his criminal negligence of drinking and driving, but you can't file a lawsuit against that person directly, it goes through the insurance company first. Usually people in this case sue for medical expenses and property damages. The insurance company will cover these to the extent of the drivers' policy limits.

Now, if say in DasE320's case, if the woman is indeed found to be 100% liable for the MVA, then her insurance company would pay for the damages to Das' car or the ACV, if it is totaled. Now again, it all depends on her policy limits. Say if Das' car is worth 15K, and her Connecticut policy only has coverage for property damage up to 10K, state minimum, then yes, Das could file a suit against her directly for the remaining sum, becuase the insurance company would only pay out up to 10K....


Hope that helps...