If an insurance company denies your claim for an automobile accident how can you open a new claim?
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My boyfriend and I was making a left turn on a green arrow light and a car from the opposite direction hit us while attempting to make a right turn on red. There was no tickets given. We were hit on our front passenger side fender. The person who hit us had a witness and we had a witness. On the police report the investigator listed that we failed to yield while making a left turn on green and they failed to yield while making a right turn on red. What she would we do? We or now out of a vehicle b/c it was wrecked beyond repair and I have medical bills. He stilled was making pymnts on the car so his insurance company is just paying off his car. He also had GAP Insurance. His insurance company offered him 5,337 for 1999 Tahoe, which after fees came to be 4,000 and something is this appropriate? Now the 4,000 is going toward what was owed on the vehicle. Isn’t the other persons insurance company liable? Please help me understand this I just want my life back to normal.
Also, the accident happened in Texas and we live in Louisiana. The other persons insurance company is Farmers.
We had a lawyer in Texas, but they were trying to get us to go to more doctors and everything " I guess trying to milk the cow" but I was not trying to do this. I was not in any pain anymore and wanted this to be over with. So they dropped us.
We had collision coverage. We had full coverage b/c it is required here when you are paying notes on a vehicle.
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bundysmom said:
The other insurance is only responsible for the actual cash value of the vehicle, not your loan balance. If there is GAP insurance it should cover the difference b/w the ACV and the loan less late payments/fees.
The cop is right…you failed to yield. Just b/c you get a green arrow doesn’t give you the option to just go enter an intersection w/o yielding to other cars that may already be in the intersection. You have to look first prior to entering, and even if it’s clear, you still have a duty to maintain a proper lookout & take reasonable & prudent steps to avoid an accident, like honk, stop, etc. If I recall my Texas law correctly, it is a modified negligence state, which means if you are found 51% or more at fault for an accident you can not recover. If you’re under the 51% threshold, you recover up to your negligent free percentage. Your failure to yield may reduce your overall settlement, both for your property damage and your injury claim.
If you have insurance go through your own insurance company…that’s why you have it. Let the carriers hash it out b/w each other.
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0December 10th, 2009 at 12:47 pm
