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Car accident advice? (pg. 3)
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| Slylee |
both of you go through your insurance companies. if you claim an injury you might get a settlement. all you have to do is go to physical therapy 3 times a week for 3 months lol
he'll have a higher premium after but so what, he's a drunk driver. he's lucky to only suffer that consequence. |
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| Moral Hazard |
You're in a pure tort jurisdiction so you need to make a claim through his insurance or (if you have collision) through your own and they will recover through his insurance. The tortfeasor (your friend) only owes you THE LESSER of the damages or the value of the asset lost or damaged... this is to say he owes you the cost to repair or the ACTUAL CASH VALUE (what a wholesaler would have paid your for your vehicle the second before the damages were suffered), whichever is lower.
You can sue him but the most you will get is the lower of repairs or ACV.
Jamie, it sounds like he wasn't in the vehicle at the time of the collision so a claim for personal injury seems improbable. |
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| Fledz |
| Honest question - What is up with you Yanks and suing everybody for anything and everything :conf: |
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| Moral Hazard |
| quote: | Originally posted by Fledz
Honest question - What is up with you Yanks and suing everybody for anything and everything :conf: |
Greed + Too many lawyers + contingincy agreements = over litigeous society |
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| Boomer187 |
just say a deer jumped out in front of your car :wtf:
DeerHax |
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| Silky Johnson |
| quote: | Originally posted by Boomer187
just say a deer jumped out in front of your car :wtf:
DeerHax |
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| Slylee |
| quote: | Originally posted by Fledz
Honest question - What is up with you Yanks and suing everybody for anything and everything :conf: |
i know it's horrible. i couldn't help myself i worked for a personal injury attorney for 3 years and watched all these toothless losers from the street walk away with 10k + checks and all of their "injuries" were preexisting and they just went through the motions of saying it was from the accident.
there's literally a billboard around my area advertising a new website called "whocanisue.com" lol
and for the record, you're not really "suing" the person right away. you both just "open up a claim" and usually it's settled out of court. all the money you pay for premiums is what is essentially used for settlements. it goes through the bodily injury portion of the insurance policy of the other person. it's not like the money comes from the person's pocket, it comes out of the insurance money that he/she pays big bucks for. so it. lol |
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| Moral Hazard |
| quote: | Originally posted by Slylee
and for the record, you're not really "suing" the person right away. you both just "open up a claim" and usually it's settled out of court. all the money you pay for premiums is what is essentially used for settlements. it goes through the bodily injury portion of the insurance policy of the other person. it's not like the money comes directly from the person's pocket, it comes out of the insurance money that we all pays big bucks for. so it. lol |
Fixed for accuracy
The money doesn't come from the individual's pocket... it comes from out collective pockets... that's why it costs you triple to insure your car then it does a home despite the home being 10x the value of the car and liability coverage bing roughly equal. |
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| Slylee |
| yea you're right. and "opening up claims" just adds to the high cost. |
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| Boomer187 |
| quote: | Originally posted by jennypie
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| Moral Hazard |
| quote: | Originally posted by Slylee
yea you're right. and "opening up claims" just adds to the high cost. |
A bull injury claim will take between 20 and 40 hours of an adjuster's time to get either settled for a minimal amount (5-10K) without litigation or 40-100 hours to get it tossed out with litigation (10-15K of legal fees). My billing rate ranges from $110 - $175/hour... so that's a total range of $7,200 - $19,000 to resolve a claim that has zero merit. |
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| Slylee |
| ughh talking about this makes me think of the last 6 years of my life. i'm so glad i don't work for attorneys any more. i've never been happier lol |
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