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Old 09-20-2009   #16 (permalink)
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well i will talk to my teacher tuesday at school he has delt with this kind of crap before and always represents himself in court. i just want to get my car fixed right. i dont want all of the guys money but he gets what he deserves and i get my expense taken care of
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Old 09-20-2009   #17 (permalink)
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I'm the complete opposite, I'd nail the guy for every penny I can get. Someone who doesn't have the respect for others to carry insurance doesn't deserve any mercy in my opinion. Maybe a hefty lawsuit will change how he thinks. . . How's that ankle of yours by the way? I'm so evil. . .
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Old 09-20-2009   #18 (permalink)
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no i understand what you are saying and i will talk to my teacher about what my legal actions are in this situation. my ankle?? i didnt say my ankle was hurt??
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Old 09-21-2009   #19 (permalink)
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PLEASE LISTEN TO ME!
Call your agent - let him/her handle it for you. They work on commision- every month you pay your premium, they get a little piece of that. They WANT to make you happy- so you will stay with them. Your company will almost always handle the entire thing from start to finish- even provide lawyers if needed in some cases.
There is not enough room in here to explain it all, but you are paying them for the entire package - not just so they can write you a check after an accident.
One other thing I saw in here I want to address is the money-you can always add services to your claim that you will pay for yourself, but they may not pay you directly. For example, if you owe money on the car to someone else, in some cases they will insist on sending payment the repair shop directly- not relevant to my advice to call the insurance company, I only added that in because someone else mentioned it.
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Old 09-21-2009   #20 (permalink)
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well i talked to them today and they are sending somebody out to look at the damage. i told them i dont feel safe driving it and i had it towed to a shop and they will repay me for what it cost to have it towed. i got an estamate at a shop today and it was 2477.76 and just over 28 hours of work
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Old 09-21-2009   #21 (permalink)
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Well at least it'll be covered. What's funny though is that if not for the door damage it'll probably be a lot cheaper of a repair. Rewiring the door mechanics if they choose to straight up repair it is where all the time and money come from.
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Old 09-21-2009   #22 (permalink)
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yeah i just want it fixed but the quotes i got didnt cover fixing or replacing the rear bumper which has a crack in it from where he hit the side of it and the paint is now rippled. it also doesnt mention the rims? which im not having two messed up rims and two goo rims?? ill have to see what they give me and fight for what i want
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Old 09-22-2009   #23 (permalink)
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Quote:
Originally Posted by 95blkcobra View Post
so on my way to work today in heading westbound in the left hand lane and a guy making a right into on comming traffic doesnt look adn turns all the way into the left lane and hits my car. he then speeds up and so i catch up and make him pull over about 4 blocks later. he gets out and askes what happened? i show him the damage done to the passenger side of my car. i called the cops but i guess in ca they only have to show up if there is bodily damage?? (i went down to the police station and filed a report.) so we exchange information and the guy leaves. i go to work and call both insurance companies and find out his insurance was canceled?? my insurance covers uninsured drivers but only to 3500. so after work i get home and 20 min later the guy is at my door with two other guys and wants to talk to me so i tell him i will talk to him monday after i hear back from the insurance companies. he admits infront of my mom and a friend that he was in a hurry he was late to work. the he tries to tell me he didnt understand what i was saying to him this morning cause his english isnt good?? we talked for ten min while waiting for the police that didnt come. i not sure what to do, ive never been in an accident or even pulled over before. and all this had to happen the day after i finish up my suspension upgrades and a complete detail of my car!!!

I will be a nice guy (ironic for a lawyer, heh?) and throw in my two cents in...

There are several ways to go here. You can have your insurance pay for whatever the the damage is or up to your insured amount (whichever is higher) then pay the difference yourself (if ther eis indeed one). Then at that point, assuming the difference you paid is less than $7500 sue the other driver in small claims court.Bring your witnesses, evidence, repair bills, and what the insurance paid all to court. Assuming the facts are as you decribe them, you are likely to win your case.

You can also skip the insurance, and sue for damages. If total damages are under $7,500, stick with small claims, it is cheaper and quicker than Superior Court. If the damage is more than $7,500, your only real bet would be to sue in Superior Court of California (for the County in which you live). If you go Superior Court way, it would be best to hire a personal injury attorney, that way the attorney will go for more than just pure economic damages, which will help pay the lawyer bills. You could do it yourself, but I would not recommend such a feat. Superior Court is expensive (especially with a lawyer involved), time consuming and complezx, but often well worth the effort.

In additon to damages, you may want to call your local district attorney's office to report the guy for not having insurance. It is not much of a victory but it will be a moral victory. That is one piece evidence you want to bring to the court's attention when you do sue for damages. For even if he was right, he is wrong for not having insurance as the law requires.
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Old 09-22-2009   #24 (permalink)
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thank you very much for your reply. im pretty sure my insurance will cover most of the damage to my car except maybe the rims. i was told it loks like curb damage and the insurance company will fight paying for them. but the ones on the other side are near perfect! the front has damage consistan with the amount of damage done to the front. the rear has damage consistant with the rear. the front has heavier damage and the rear is lighter.
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Old 09-22-2009   #25 (permalink)
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A guy that I know, that owns/runs a body shop, once told me that a body shop can write up to "3" supplements over damage that is found once opening up a car for repair.

"IF" the wheels were NOT written down by the ins. adjuster, can the body shop write it up ?? And send notice to the ins. company ??

I'm just stating what I was told. I don't "know for a fact, that it's true".
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