The call you don't want to get.....

[252]

Thats terrible. Im sorry, and i hope she gets well soon.

[gimp]

Wow, you havn't had much luck with young drivers this year huh. Hope she gets better soon.

[breg]

It's good to hear that's she is OK.

[breg]

Re: pissed off... you bet....

Originally posted by shartley
UPDATE:

Well, we got in all our bills from the accident and sent them off to the Insurance Company last month. We were wondering why we had not received a check to cover them, but were not worried since the Hospital and Doctor’s Office have not been hounding us for payment since they knew it was an accident.

My daughter was issued a subpoena yesterday to appear in court to tell her side of the story. The other girl was issued a ticket and whatnot and is now pleading not guilty. And this is after everyone on scene, the Police, the girl’s own friends, my daughter, my daughter’s friends, the Insurance Company, and even the girl’s folks stated that SHE was at fault. Even SHE apologized to both my daughter and me and my wife for it and admitted she was in the wrong.

This is total BS. And I was a nice guy about it all when I thought everyone was going to do the right thing. But that has now changed…. Time to bring out the beast.

Why on earth did I think anyone would do the right thing? It seems NO ONE does the right thing now days. And I am tired of being screwed because of it. Enough is enough.

Missed this part,

Ok, now it is open up a serious can on that young woman. She needs to learn that she has to accept responsibility for what she has done.

Maybe someonewho is a little wiser in the legal system than I could answer this one: Whouldn't the penalities be lighter if she didn't fight it out? I know she could get it thrown out all together, but, by taking it to court, doesn't she risk a stiffer punishment?

Thanks,

Breg

[hitech]

Re: Re: Dumb People!

Originally posted by shartley [/B]

I don't know if it is different than here in CA, but... When I was in an accident (other persons fault) with my niece in the car the judge had to approve the settlement for my niece (because she was a minor). The insurance company was very leery of fighting a settlement with a minor (even though she was not hurt in the accident). We ended upside down on the freeway and my niece did get an ambulance ride. She received a settlement that is in a trust fund.

[hitech]

Re: Re: pissed off... you bet....

Originally posted by breg
Whouldn't the penalities be lighter if she didn't fight it out?...by taking it to court, doesn't she risk a stiffer punishment?

That has not been my experence. Actually, the opposite seems true.

[hitech]

Originally posted by shartley
The girl, her folks, and their insurance company has however just put themselves in my sights.

BTW, I don't know if it's different in other states, but in CA you can't sue the insurance company. They did not DO anything. You have to sue the insured party and the insurance company is contractually obligated to defend their client. If they do not YOU can't sue them. Only the insured party can. If it makes it in front of a jury you cannot even mention that an insurance company is involved.

[FutureMagOwner]

the way it works here in rhode island is that you sue guy who hit you if guy who hits you is getting screwed they can sue the company but you cant sue the company

[shartley]

Originally posted by hitech
I don't know if it is different than here in CA, but... When I was in an accident (other persons fault) with my niece in the car the judge had to approve the settlement for my niece (because she was a minor). The insurance company was very leery of fighting a settlement with a minor (even though she was not hurt in the accident). We ended upside down on the freeway and my niece did get an ambulance ride. She received a settlement that is in a trust fund.

Originally posted by hitech
BTW, I don't know if it's different in other states, but in CA you can't sue the insurance company. They did not DO anything. You have to sue the insured party and the insurance company is contractually obligated to defend their client. If they do not YOU can't sue them. Only the insured party can. If it makes it in front of a jury you cannot even mention that an insurance company is involved.

[breg]

that sucks bad shartley. what has to suck worse is that all of this could hae been over with if she just accepted the whole thing.

I hope life return to normal for you soon

breg

[CasingBill]

sam....sign me up when you're ready to start your militia!!

[hitech]

Originally posted by shartley

Well, if every lawsuit over the actions of an insured will always be dismissed against an insurance company, then I'd say you can't sue them. However, the only reason I posted was to make you aware of some of the possibilities. I assumed you would research it further and I've always found that they more you know the better off you are. :)

Originally posted by shartley

I would be of the same opinion (and I'm not humble about it ). You almost have to hire an attorney to get anywhere. Expecting them to work with you to come to a reasonable agreement is like expecting a hungry lion not to eat you. And they wonder why "we" have become so "sue happy".

Originally posted by shartley
No more Mr. Nice Guy. No one else seems to be able to do the right thing on their own, so now we will MAKE them do the right thing, and THEN some.

Nice guys finish last (or eaten by the lion ).

[shartley]

Yes, that is why I am leaving it up to the lawyer at this point. And I made sure I got a better lion.

[jdev]

id be pissed too if I didnt get AT LEAST a reach around out of the deal..

sincerely sam, to you and yours, I hope this turns out in your favor. nobody likes to hear stories about this happening to friends, whether they are known in real life, or just an acquaintence from the 'net.

hopefully the lawyer that you guys obtained will be able to get you and your family what they rightfully deserve in this case.

best of luck

.joe.

[-=Squid=-]

Can you say brought back from the dead?