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  1. 04-21-2006, 12:45 PM #1
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    Ever get screwed by an insurance company...screw this

    So i was driving to school the other day on a main road and from a side street this old lady pulled out in front and I hit her in on the driver side door and quarter panel. The officer that arrived on the scene gave her a ticket for failure to yield. My beautiful Z28 is now a total loss but thank God she had insurance. Except one thing...her insurance company is not accepting liability and is actually blaming me for the accident. She had no yield sign or stop sign but she was turning onto the main road and pulled out in front of me. They said that since it is an uncontrolled intersection that the person on the right has the right away. However, it is not a four way, it is a side street intersecting with a main thru street so I do not understand how she cant be at fault. If this is true, that would mean that everytime you are traveling down a main road, you must yield to all traffic on side streets coming that is on your right.

    The road looked as follows:

    I
    I
    I
    I
    -----------
    I
    I
    I

    where the I street is the one i was traveling on and the dotted line hers
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  2. 04-21-2006, 12:54 PM #2
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    what the ****, thats some baby back bullshit man, **** sorry to hear that
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  3. 04-21-2006, 12:57 PM #3
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    If the officer gave her the ticket then there is no way the insurance company can get away with not paying the claim. They are just doing their scare tactics, I'd call a lawyer up and have him give them a call.
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  4. 04-21-2006, 01:01 PM #4
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    Quote Originally Posted by majorpecs
    If the officer gave her the ticket then there is no way the insurance company can get away with not paying the claim. They are just doing their scare tactics, I'd call a lawyer up and have him give them a call.
    ditto i work in insruance....i
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  5. 04-21-2006, 01:19 PM #5
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    see if she will pay the estimate without dealing with insurance...... if she doesnt know your situation she might think your doing her a favor so her rates wont go up.......
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  6. 04-21-2006, 02:10 PM #6
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    Attorney!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!
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  7. 04-21-2006, 02:12 PM #7
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    good luck, You might want to call the insurance and tell them that you are taking them to court and that the officer will be present as well and tell them the story once again.
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  8. 04-21-2006, 02:13 PM #8
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    You could win in small claims by your self. The limit in my state is $5,000. If you damage is less. Do it your self. It takes thousands for any Insurance Company to defend anything.
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  9. 04-21-2006, 02:18 PM #9
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    actually the cheapest and best way is to go to an attorney and have a letter written. It will cost you $50. The letter will state an intent to sue. The damages seeking to be awarded. the time they have to pay or settle, and intent to seek penalties. You will get results that way. Calling yourself will do nothing.
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  10. 04-21-2006, 02:19 PM #10
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    They may offer you a small amount to get you to settle, but with an intent to sue letter you will be calling there bluff and get much more. It is way cheaper for them to pay your damages then actually go to court.
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  11. 04-21-2006, 02:22 PM #11
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    Sue the town its in. I work for the highway department and I can tell you that you have a pretty legit lawsuit against the township thats in.
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  12. 04-21-2006, 02:24 PM #12
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    Quote Originally Posted by majorpecs
    If the officer gave her the ticket then there is no way the insurance company can get away with not paying the claim. They are just doing their scare tactics, I'd call a lawyer up and have him give them a call.

    Right there man....happened to my dad (the scare tactics) had a lawyer send the insurance company a letter and they backed off they would rather shell out the bucks for the car then get sued up the @ss
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  13. 04-21-2006, 07:22 PM #13
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    Find a lawyer.
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  14. 04-21-2006, 07:54 PM #14
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    Contact your insurance company. I'm almost positive that they will use thier lawyer to get your money from them. You shouldn't have to put a dime out in lawyer fees.
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  15. 04-21-2006, 08:19 PM #15
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    UPDATE:

    Apparently Kansas law does in fact state that at an uncontrolled intersection the person to the right has the right away. At least in this situation, this seems to be common sense her fault but even my lawyer (from my insurance co) stated that we might not be able to do very much. They are going to try nonetheless.

    I do like that idea about possibly suing the city as perhaps that shouldnt be an uncontrolled intersection.
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  16. 04-21-2006, 08:20 PM #16
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    Also, according to my lawyer, the fact that the cop issued her a citation does not directly put her at fault as the officer could have made a mistake.
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  17. 04-21-2006, 09:38 PM #17
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    WOW KANSAS has some backward laws.
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  18. 04-21-2006, 09:58 PM #18
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    Quote Originally Posted by Pooks
    WOW KANSAS has some backward laws.
    ya this situation doesn't make any sense.
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  19. 04-22-2006, 02:25 PM #19
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    That sucks hardcore. Hope you can stick it to her insurance.
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  20. 04-22-2006, 03:56 PM #20
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    Quote Originally Posted by cfiler
    That sucks hardcore. Hope you can stick it to her insurance.
    the old lady is going down lol
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  21. 04-22-2006, 04:55 PM #21
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    insurance is such bullshit anyway, you spend all that money on insurance, then when you need it, the rates go up, like whats the point? i dont insure any vehicle i have.
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  22. 04-22-2006, 04:56 PM #22
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    you may say that is dumb, but the fine is 2500 bucks, my insurance for a year is well over 3 grand.
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