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 Message Boards » » I need help disputing a claim ... etc Page [1] 2, Next  
Klatypus
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long story short, they have like $2,000 in body repair, I backed into a car after checking my rearview mirror and they were speeding but the cop left that out of the report. I don't have $2,000, I don't even have enough money to pay my phone bill.





car A (my vehicle)




Car B (R&R vehicle)


car 1 (neighboring stationary vehicle that car A was smashed into)





[Edited on August 9, 2012 at 4:33 PM. Reason : .]

8/9/2012 4:16:00 PM

PaulISdead
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how did you do that much damage from backing up?

8/9/2012 4:38:19 PM

jbrick83
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Meh...looks like you still fucked up.

8/9/2012 4:38:41 PM

afripino
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if only this were chit chat...

8/9/2012 4:38:42 PM

EhSteve
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isn't this what liability insurance is for?

8/9/2012 4:42:36 PM

PaulISdead
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Id try to drag this one out. would they hit your student account?

I dont understand why your insurance isnt paying for the damage you caused to the other cars.

[Edited on August 9, 2012 at 4:49 PM. Reason : .]

8/9/2012 4:44:59 PM

lewisje
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wait wait wait so Klatypus is a guy

8/9/2012 4:50:41 PM

PaulISdead
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[Edited on August 9, 2012 at 4:53 PM. Reason : .]

8/9/2012 4:51:35 PM

CapnObvious
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Even when a cop points blame towards you for a wreck, you aren't actually liable for damages (yet). They make their best assessment from the situation to write it into an official report, but they are no judge/jury/executioner.

As an example, my friend got into a wreck where she and the other card hit in a parking lot. She pulled out first and was fully in the lane. The other car pulled out later without looking and my friend couldn't stop. Originally the policeman assigned blame to my friend because she hit the other car (terrible rule-of-thumb probably picked up in an hour long seminar).

She contacted her insurance about the claim and showed them pictures and told her side. They made _their_ assessment. When the other car filed a claim, the insurance denied them. The other driver went nuts and said its BS and that she was going to sue and etc. The insurance told my friend that if she did get a notice for a lawsuit, simply forward it to them and they would take care of it (not sure if she would have to go to court).

Nothing ever came, so it appears to be settled.

[Edited on August 9, 2012 at 4:55 PM. Reason : ]

8/9/2012 4:54:19 PM

BlackJesus
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According to the report the other car wasn't speeding as you said. 15 in a 25.

8/9/2012 4:55:00 PM

Smath74
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tell them to get in touch with your insurance. that's exactly why we HAVE insurance... to pay for damage you can't otherwise afford.

8/9/2012 4:55:44 PM

jcgolden
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Get a bicycle. no I am not being sarcastic or trolling. If you are EVEN CLOSE to having financial difficulties, then you shouldn't have a car and all of the expenses associated with that.

You should be riding a bicycle with a basket. It's good for you and everyone else too.

If you need to transport things, use the post office. They pick up and send a box locally in one day. If you need to go long distance, you can rent a car on the weekend for cheap or you can take a bus.

Don't be a typical stupid wasteful American

8/9/2012 4:59:01 PM

PaulISdead
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Minimum liability coverage in North Carolina is 30/60/25

is your deductible 2k? thats crazy. my premium barely changed between 1k and 1.5k its a big jump between 500 and 1000 but 1k is reasonable enough to pay on a credit card.

[Edited on August 9, 2012 at 5:04 PM. Reason : .]

8/9/2012 5:04:34 PM

jtw208
 
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^^ this guy

we don't live in China, dude.. not everybody can substitute a bicycle for a work truck

8/9/2012 6:12:42 PM

NeuseRvrRat
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what exactly do you plan to dispute?

8/9/2012 6:30:16 PM

jimmypop
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From my understanding is you would be at fault since the other driver had the right of way. Only way you might not be is if the other driver was otherwise distracted by texting or some other act like that. Even then you might be responsible for the damage or a percent of the damage. Also was the owner of the other truck notified or has pushed for a claim against your insurance?


also

Quote :
"wait wait wait so Klatypus is a guy"


lol

8/9/2012 6:31:16 PM

wolfpackgrrr
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Quote :
"

I dont understand why your insurance isnt paying for the damage you caused to the other cars."


I'm confused by this as well. Why isn't your insurance company handling the claim?

8/9/2012 7:16:34 PM

ComputerGuy
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You are at fault.

If you don't have insurance, you're screwed...
Whoever's truck is that you were driving, is paying for it.

Speeding is irrelevant here as there were no major injuries...and even if there were..you still hit them.

Full coverage? It's a state vehicle, its not going to have it. It will go to the fleet place to get fixed. Then prolly hit up the State Surplus. Their insurance doesn't matter.


I feel like we are really midding crucial plot points here.

8/9/2012 9:08:46 PM

MinkaGrl01

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I don't get this "he was speeding so it's not my fault" idea.

[Edited on August 9, 2012 at 9:12 PM. Reason : English is a second language]

8/9/2012 9:10:02 PM

Beethoven
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1) Your insurance pays, not you. You pay your deductible.
2) Contributory negligence helps you here.

8/9/2012 9:24:52 PM

Chief
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Based on my unprofessional opinion, its your fault clearly. Checking your rearview mirror when backing out of a space in no way checks the crosstraffic that could come by. Thats like crossing a street on foot and looking directly ahead but never checking both left and right. When Im in a situation like that I extremely slowly back and admittedly hit the horn a few times if its a lot of people nearby. Many industrial sites do the same to avoid a situation exactly like this.

8/9/2012 10:20:52 PM

Moox
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How the hell fast were you backing up that you went in over a foot?

8/9/2012 10:57:24 PM

LaserSoup
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^^^ I would put my money on whateve Beethoven posts.

8/9/2012 10:58:29 PM

Str8BacardiL
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I will donate $30 to teh wolf web via paypal if this thread gets moved to chit-chat.

8/9/2012 11:13:08 PM

ussjbroli
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How do you t-bone another car backing out of a spot and possibly think you have anything to dispute? Its not like they clipped you as you were pulling out, you drove right into the side of another truck.

8/9/2012 11:43:59 PM

PaulISdead
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where is OP?

8/9/2012 11:48:16 PM

Skack
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Quote :
"I don't get this "he was speeding so it's not my fault" idea. "


What's not to get about it? Excessive speed is always grounds for fault. A person entering a road should be able to expect other drivers to be going at or near the speed limit when making their decision to stay or go. Likewise, excessive speed can create a scenario where there is absolutely no way for another motorist to safely enter the road due to limited visibility. The DOT considers these things when setting speed limits and if you're involved in a wreck your speed will always be a consideration when it is time to assign fault.

5 MPH in a 70 MPH zone might not matter, but if you're going 15+ over just about anywhere there's a good chance they'll deny fault. Even 10 MPH over in a 25 MPH zone might be problematic for you.

Quote :
"1) Your insurance pays, not you. You pay your deductible.
2) Contributory negligence helps you here."


Quote :
"^^^ I would put my money on whateve Beethoven posts."


Deductible does not apply to liability claims. Her rate might go up as a result of the accident, but she won't have to pay a deductible for NCSU's vehicle to be repaired.

[Edited on August 10, 2012 at 2:05 AM. Reason : l]

8/10/2012 2:01:39 AM

jethromoore
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As everybody else has said, your liability insurance should be the one paying out and there is no deductible for that. If you did have the $2k to spare then you can estimate how many insurance points you will be assessed (based on the TOTAL property damage to BOTH vehicles) and then determine your rate increase if you let the insurance cover it. Then you can make the determination of which option is cheaper.

http://www.ncdoi.com/_Publications/It%20Pays%20to%20Be%20a%20Safe%20Driver%20Insurance%20Points_CAU1.pdf

If you don't have the money, then the calculation is moot, other than showing you what your insurance premiums are going to be for the next 3 years.

The other side of the crash report is also going to have some good information on it. This will give you a better idea of how likely it is that some fault lies with the other driver. There are boxes containing numbers where the cop basically determines who is at fault and for what reason. You can use this manual to decode the crash report:

http://www.ncdot.gov/download/dmv/DMV349_Instruction_Manual.pdf

8/10/2012 8:36:13 AM

ThePeter
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Two things I don't get

1) she t-boned a truck backing out of a space
-with enough force to latch onto the truck's side and get dragged into another vehicle... For several feet, judging by the scar on the left
-significant dent on entire side of hit truck
2) said truck was allegedly speeding

So to even hit the other fast moving truck where she did, she had to have been hauling ass out of the spot or perfectly timed it while not looking at her mirrors to slam the breaks when the truck appeared. However, given that she was dragged for a few feet and looking at the impact crater, it seems to me that she must have hauled ass backwards in order to have her bed sink into the truck and latch on for a ride. Further evidence for this is shown where her vehicle collided with the neighbor at her door vs the neighbor's bed corner, meaning she was almost half way out of the spot.. . Or maybe a little less than half way, I can't tell where the secondary collision starts exactly.

My guess is she knew it was momentarily clear on one side (her left, seeing there is a pickup truck on that side) and thought it was clear on the other (perhaps blocked vision, per another vehicle in the report) so she kicked the truck out to hit a small opening only to smack into the other truck.

[Edited on August 10, 2012 at 8:54 AM. Reason : Jdjd]

8/10/2012 8:49:04 AM

Dr Pepper
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^winner. I came to post the same exact thing.


also, yet another klaty thread about someone 'not having enough money'

8/10/2012 9:28:14 AM

Beethoven
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Quote :
"Deductible does not apply to liability claims. Her rate might go up as a result of the accident, but she won't have to pay a deductible for NCSU's vehicle to be repaired."


Agreed. I was referring to the deductible to have her vehicle fixed.

8/10/2012 9:29:09 AM

MinkaGrl01

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Quote :
"What's not to get about it?"


sorry, there was another sentence or two after that explaining what I meant. I must have deleted it when I was editing out a word I misspelled. What I meant was the point of impact doesn't make sense with her theory of his speeding and that it's not her fault. I could see if maybe he was speeding and she hit his front end, but she didn't. I think in the end it's her fault and that she just wasn't looking enough.

8/10/2012 9:34:07 AM

jbrick83
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Maybe one of her friends get can a t-dub account and make a thread to raise money for her.

8/10/2012 9:43:57 AM

urge311
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no disputing this claim. need to suck it up and deal with your mistake like an adult. bazinga.

8/10/2012 12:06:56 PM

Klatypus
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perhaps I was not clear, this is not my truck. This is my department's truck, with NCSU 'insurance' that I backed into another NCSU 'insured' vehicle.


this is the email I got this morning
Quote :
"Regarding Insurance coverage --
Both vehicles are currently covered by Liability Insurance only - So yes, you are correct - which in this case, is unfortunate - but they will not cover any Comprehensive &/or Collision claims - therefore, for the vehicle at-fault (according to the police report) - the owning department, is responsible for providing the funds, to cover the total cost estimated, in order to repair any and all damages obtained during the incident. In this case - the Facilities vehicle involved, is assigned to the Repair & Renovation Dept - It is one of their fairly newer trucks, and they have already stated that they want it to be repaired - so, it is at the body-shop now, receiving the repair estimate.
Once the estimate is completed by the body-shop, they will provide us with it - at which time, we would forward it on to Richard Hassard - Manager of Repair & Renovation Dept - and to Entomology, if requested. "



and as for the jackass suggesting I get a bike.... thanks I ride bikes and the bus. I have to use our work truck for hauling things around for my thesis project.


I am confused, and I don't think they can put this on my account, god I hope not. That is what I am concerned about, I don't think I have all the info. I am so stressed that this could affect my getting my diploma in December.

[Edited on August 10, 2012 at 12:56 PM. Reason : and jbrick, this isn't me asking for money, I am asking for advice ...thanks.]

8/10/2012 12:55:36 PM

ComputerGuy
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did you ever sign anything saying you are responsible when driving the truck to your department?

Looks to me like your department is out of money.

8/10/2012 12:56:58 PM

jtw208
 
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8/10/2012 1:01:55 PM

Smath74
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you should have included that information in your original post

8/10/2012 1:44:13 PM

jbrick83
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Quote :
"and jbrick, this isn't me asking for money, I am asking for advice ...thanks"


Not yet. Treat other people's property with the respect you would treat your own and you probably wouldn't be in this mess. Fucking pedal to the metal coming out of a parking spot...how else do you create that kind of damage. Damn demolition derby parking lot.

8/10/2012 1:47:43 PM

dswillia
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Quote :
" did you ever sign anything saying you are responsible when driving the truck to your department?

Looks to me like your department is out of money."


Last line qft

I'm still trying to figure out where you are owing money for the truck. I'm pretty sure those trucks are on a commercial policy (which I'm not as familiar with), but as far as auto coverage goes....insurance coverage follows the truck, points follow the driver. If NCSU didn't purchase comp/coll, the money to fix it is their problem. They choose to self insure that expense should it arise.

8/10/2012 2:26:21 PM

Klatypus
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the insurance is run by ncsu, is that legal that an ncsu vehicle can hit another ncsu vehicle and it's not covered?

8/10/2012 2:44:20 PM

jethromoore
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The problem is that both vehicles are on the same policy, I think. Just as an example let's say I'm driving my car and following my wife who is driving her car. If she stops at a red light and I rear end her, then the liability coverage from my car is not going to repair hers. Likewise if I wreck into my own fence turning into my driveway, my liability insurance is not going to cover the damage to my own fence. I could be wrong, but that is my understanding.

To make this example more appropriate for this situation let's put a "friend" driving my car with my permission. Let's say he is following my wife, and the same situation occurs. Since the insurance follows the vehicle, the liability coverage is still not going to cover it. Well it's obviously my friend's fault so now I can ask him to pay for the damages and sue if needed. If he also has auto insurance then that should kick in under his liability and if not he is still responsible for the cost.

[Edited on August 10, 2012 at 2:51 PM. Reason : Maybe try student legal services first? Have they told you that you, personally, have to pay?]

8/10/2012 2:46:38 PM

Klatypus
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oh. well that makes sense, although I have a new found hate for insurance.





I am going to find a lawyer I guess.

I wanted to at least dispute what the cop wrote down, they were NOT going 15 mph as the papers say, but that probably won't make a difference, goddammit.

[Edited on August 10, 2012 at 2:52 PM. Reason : .]

8/10/2012 2:50:14 PM

David0603
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How exactly do you know how fast they were going?

8/10/2012 2:57:00 PM

Klatypus
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I don't, but I was in the car when they hit me, and they moved my truck (that cannot be towed by a normal tow truck bc it weighs too much) into the neighboring truck causing that dent.

I know, this isn't proof.... I need a physicist!!!! is there a physicist in the house?

[Edited on August 10, 2012 at 3:01 PM. Reason : .]

8/10/2012 3:00:32 PM

cyrion
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my physics teacher in HS tried to dispute a ticket using his physics knowledge. They basically told him to quit being a smart ass and made him pay anyway.

8/10/2012 3:07:00 PM

David0603
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So, by your logic, if I hit a car that was illegally parked I am at no way at fault?

8/10/2012 3:08:31 PM

Klatypus
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I am not saying I am not at fault. I am saying that the damage would not be as extensive if they were going the said 15 mph and I would have seen them anyway.

I know that I am responsible, but I don't think I am entirely to blame. Regardless of how I feel, NCSU should not be going after their own graduate student that was driving their vehicle while on the clock on university property.

I am already in the hole the the new tail light cover and light for our vehicle which is a pretty penny. I just cannot afford 2K.

[Edited on August 10, 2012 at 3:20 PM. Reason : .]

8/10/2012 3:14:12 PM

Beethoven
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Hey, look on the bright side, if you're injured, you've got a workers compensation claim!

8/10/2012 3:18:56 PM

David0603
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That sounds like legal advice.

8/10/2012 3:22:36 PM

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