Girlfriend hit by oncoming car crossing median, insurance isn't paying

[suprarx7nut]

Update: Update: We got this all sorted with 3 days of Gieco taking over. She's still waiting for USAA for own up to their share, but she found a new car (1 year newer, better trim level) of the old one.

Gieco paid 7 grand for her old car! That went a long ways towards the newer, slightly nicer car.

All in all she's happy, but still hoping for USAA to pick up about ~$750 for the rental and deductible...

Update: 1/27/10 - Car is being totaled out and should have a check tomorrow afternoon. Still hoping to get deductible back as well as rental car fees, but we have to give Gecio some time to pursue USAA for liability. For now, gotta find another 4-door manual Civic! (GF refuses to drive anything but a stick )

Update: 1/25/10 - GF going through her own insurance because USAA refuses to act until they get a statement, can't reach their own client, looks like civil court will be in order to try to get back any fees + pain and suffering, deductilbe...etc.

UPDATE: State Patrol gave out wrong info over phone, going through correct insurance now... awaiting result.



Hello all, I post this in hopes of some advice. Thank you in advance for any meaningful thoughts.

My girlfriend, lets call her Mary, was hit (she's 100% fine, but car is likely totaled) by a car who CROSSED the median and came into HER LANE GOING THE OTHER WAY. My g/f was sideswiped and did NOT swerve into anyone else. There are only TWO cars involved with damage.

The other car (Let's call her Jane) claims that she swerved across the median to avoid being hit by a truck who cut her off.

Ambulances, firetrucks, local PD, state troopers were all present. Mary (my g/f) was given a case number and told to give that to her insurance company and they would get all the info from that.

This was all on Friday. Now, jump to today, Thursday. Jane's insurance company calls Mary and tells her she will not be covered for a rental because the accident is HER fault. That's right, Jane's insurance states that according to the report, it was Mary's fault (my g/f) and Jane is not responsible for any damages.

This is where we stand. We are leaving work early to go get the full police report from the clerks office to find out what the hell they put in the report.

What should we be doing? Do we need a lawyer? Do we need to "amend" the report somehow? How on Earth could mary be at fault for being hit by an oncoming car, crossing a median?! If this is considered a hit and run and the mysterious "truck" is at fault, would that simply mean Mary (my g/f) needs to go through her own insurance for damages?

So far, this feels like complete insanity. My g/f gets hits by a car coming out of nowhere and is now blamed for an accident.... What the fuck?

Thanks for reading and any worthwhile advice.

 

[mkiii222]

Sounds like 'Jane' knows someone at the police department.

Get the police report and talk to 'Mary's insurance company. Typically the insurance companies will hash it out. If Mary's insurance won't back her then seek legal counsel.

 

[kotu100]

Mary need to call Jane's insurance company and tell them to fuck off....
Of course they're gonna say Mary is at fault, they dont want to pay. if only 2 vehicles are involved in the accident those are the only 2 vehicles that can be held responsible (either one or both).
Call Mary's insurance company, and tell them what happened. Chances are they'll cover her, then go after Jane's insurance company for the money.
Either way do NOT take any crap from Janes insurance.

When my gf totaled her car it was because someone ran a stop sign, the other persons insurance company still said my gf was at fault. the other ins company will say anything to get out of paying.

GOOD LUCK!!

 

[suprarx7nut]

Update:

We got the Police report. Turns out the police gave Mary (my gf) the wrong persons contact info. We weren't given Jane's insurance, we were given someone else who also got hit by Jane.

She's calling USAA now to get it sorted. Hopefully it will be less painful now that we have all the correct info. I'll update soon.

 

[PureDrifter]

good luck!

 

[honestabe]

USAA should take care of you. Keep up updated.

 

[DreamerTheresa]

How's the girlfriend feeling today?

 

[suprarx7nut]

USAA should take care of you. Keep up updated.

I hope so.

How's the girlfriend feeling today?

Frustrated everything is taking so damn long. She still doesn't know if her car is totaled or not. It's been 7 days... but so far zero aches or anything. Physically, she wasn't jarred much, but the car has at least 4 trashed body panels and frame damage.

We still haven't gotten anything definitive yet. USAA is just getting up to speed and still hasn't seen the damn report yet. Gf faxed it in today. We're getting a rental tomorrow (which she hopes to get reimbursed for...), but this whole process is ridiculous. Obviously anyone but her fault and she just has to sit around waiting...

Thanks for the replies, I'll update.

 

[Flateric]

Sounds like she was in a decent car at the very least to avoid getting hurt or bashed up.

 

[suprarx7nut]

Sounds like she was in a decent car at the very least to avoid getting hurt or bashed up.

'03 Honda Civic sedan. Stood up ok. All the cars involved were small. 1 Ford Focus and 2 Honda Civics. Her car will need a new drivers door, rear driver side door, and the rear quarter is badly damaged, then theres the frame right under and behind the door... it's crunched in a few inches and the body is curled under towards the tire, piercing the tire. Between the rear quarter and that part of the body needing replacement.... I think it's totalled.

 

[suprarx7nut]

Update: USAA (insurance company of at fault party) has been contacted and given all accident info. They have NOT claimed liability yet BECAUSE they have NOT been able to contact their client!!!!!

The bitch that caused the accident and hit everyone hasn't given a statement as to what happened and USAA is refusing to do ANYTHING AT ALL until they talk with their runaway client.

Fucking bullshit. USAA told my gf that they WILL NOT pay for rental fees beyond a week, they will NOT pay for the parking fee the repair shop is charging ($25/day). So Mary (my GF) is completely fucked now. She will have to go through Geico with a claim on her record for something completely absurd and lose her deductible or wait out USAA... which could be a month easily. During which she has no car and is paying $25/day for parking at the shop.

She's going to go through Geico (her own company) and just pay the deductible and try to get reimbursed later.

She's looking at at least a grand up front, out of pocket for someone else flying over a median and going into oncoming traffic. PLUS... she has to try to find another car in decent shape for something close to what her insurance will pay out. Her car was in great shape and of course, that's not likely to be reflected in what she'll get.

Makes me want to go yell at the bitch who caused all this and refuses to confront her mistake by avoiding insurance...

 

[RazoE]

'03 Honda Civic sedan. Stood up ok. All the cars involved were small. 1 Ford Focus and 2 Honda Civics.

now there's a 3rd car..?

 

[kotu100]

woah woah woah... just because USAA isnt being cooperative doesnt mean they don't have to cover that stuff.
have your g/f call her ins company, tell them what happened (especially about the other person and their ins company) and im sure they'll help you out.
your g/f shouldnt have to spend a dime out of pocket.
i suggest researching colorado's motor vehicle laws, especially those to do with accidents.
No insurance company wants to pay out so they will do everything they can not to, the more you know the more ammo you have against them.
don't let them dick you around.
good luck.

 

[GrimJack]

I'd visit them in person, with the appropriate police reports in hand. Furthermore, I'd let them know that they only get the one chance to talk to me, after I'm done there I drive to my lawyers office and leave it with him.

 

[kotu100]

i'd visit them in person, with the appropriate police reports in hand. Furthermore, i'd let them know that they only get the one chance to talk to me, after i'm done there i drive to my lawyers office and leave it with him.

/\ this /\

 

[suprarx7nut]

now there's a 3rd car..?

Yeah, we thought it was just a wtiness, but apparently Jane grazed another car before going over the median into oncoming traffic.

woah woah woah... just because USAA isnt being cooperative doesnt mean they don't have to cover that stuff.
have your g/f call her ins company, tell them what happened (especially about the other person and their ins company) and im sure they'll help you out.
your g/f shouldnt have to spend a dime out of pocket.
i suggest researching colorado's motor vehicle laws, especially those to do with accidents.
No insurance company wants to pay out so they will do everything they can not to, the more you know the more ammo you have against them.
don't let them dick you around.
good luck.

She's been keeping Geico in the loop. Geico keeps asking if she wants them to start processing it, but the gf wanted to avoid deductible and all that crap. Now it's been long enough and USAA is impossible to deal with so she decided to finally go through Geico.

USAA is still responsible, but it seems they wont do shit until held at gunpoint so our hands are tied... All the reasoning and police report hasn't moved them to do shit in the 4 days they've known about everything.

I'd visit them in person, with the appropriate police reports in hand. Furthermore, I'd let them know that they only get the one chance to talk to me, after I'm done there I drive to my lawyers office and leave it with him.

I like this idea. But I really feel like we are David facing Goliath here. If it were me, I'd have the time to do that during the week. Her job (middle school teacher) doesn't easily allow any free time during business hours. Hopefully Mary (the gf) will get a lawsuit started if USAA doesn't take full responsibility shortly. For right now, she just needs to stop accumulating charges she might not get back and get a working car back on the road.

Both companies have already stated they will not cover shop parking fees ($275) or rental fees ($150). So she's already at $425 that she will have to likely take to court to get resolved. Everything about this incident has been extremely difficult...

 

[GrimJack]

The key is that they can make her happy for less than a lawyer is going to cost them. Give them the opportunity, and let them know the consequences. If that fails, lawyer up and have at 'em.

 

[suprarx7nut]

The key is that they can make her happy for less than a lawyer is going to cost them. Give them the opportunity, and let them know the consequences. If that fails, lawyer up and have at 'em.

Yup, great point. I hope this gets headed in a better direction fast. I'm really hoping Geico will take the reigns and make it right. We shall see...

Thanks to all of you who'd read and replied.

 

[staehlin180]

You're best bet is to deal with your insurance company, and yours alone. In California, You're only obligated to speak with your claims adjuster. Geico is a pretty good insurance company from what I've heard and should go to bat for you, especially if you're not at fault. As far as compensation for a totaled car, you'd be surprised at what they pay out. Many insurance companies pay out market value for the vehicle instead of blue book value. Last May my Corolla got rear ended and totaled, I was at a dead stop waiting to get onto the freeway and was hit at about 40mph. It was a 94 Corolla w/ almost 200k on it and oxidized paint, I got $3300 for it, I paid $2200 for it 5 years ago.

Also Have your girlfriend get checked out by a doctor, just for good measure, the other insurance company will have to reimburse you for the visit, but you can never be too careful when it comes to your own health and well-being. When you see the doctor ask his/her opinion on how long to wait before she can consider herself "okay" and DON'T CASH ANY CHECK FROM AN INSURANCE COMPANY THAT PAYS FOR PERSONAL INJURY/PAIN & SUFFERING BEFORE THEN. Typically the offer they make for those damages are good fro 90 days. Wait the 90 days, as the second you cash the check, you release the other party from all liability

-Hope this helps, Good luck man

 

[suprarx7nut]

You're best bet is to deal with your insurance company, and yours alone. In California, You're only obligated to speak with your claims adjuster. Geico is a pretty good insurance company from what I've heard and should go to bat for you, especially if you're not at fault. As far as compensation for a totaled car, you'd be surprised at what they pay out. Many insurance companies pay out market value for the vehicle instead of blue book value. Last May my Corolla got rear ended and totaled, I was at a dead stop waiting to get onto the freeway and was hit at about 40mph. It was a 94 Corolla w/ almost 200k on it and oxidized paint, I got $3300 for it, I paid $2200 for it 5 years ago.

Also Have your girlfriend get checked out by a doctor, just for good measure, the other insurance company will have to reimburse you for the visit, but you can never be too careful when it comes to your own health and well-being. When you see the doctor ask his/her opinion on how long to wait before she can consider herself "okay" and DON'T CASH ANY CHECK FROM AN INSURANCE COMPANY THAT PAYS FOR PERSONAL INJURY/PAIN & SUFFERING BEFORE THEN. Typically the offer they make for those damages are good fro 90 days. Wait the 90 days, as the second you cash the check, you release the other party from all liability

-Hope this helps, Good luck man

Good to hear Geico took care of you, lets hope she gets the same good service! I hope she gets more than what I'm expecting Geico to give her. It's tough to track down a comparable car so we need all the cushion we can get.

Geico has taken swift action so far. In only a few hours yesterday afternoon they arranged towing, recorded conversations with the body shop AND agreed to cover all "parking fees" accrued so far. They have adjusters assigned and in contact and we should know if the car is totaled or not Thursday afternoon.

So far so good. Rental car fee and deductible will still need to be sought through USAA, but otherwise it looks like this is finally moving towards an acceptable end.