[SEG388]

Nope, he is suing me. I am not sure if I mentioned it previously, but the other driver took the insurance company to court and the judge ruled that the issue is between the other driver and me. Yet based on the statement given, it seems that the other driver is trying to argue that the breach of insurance was a mistake on the insurance company's fault and because of that the other driver must pay for damages for both vehicles out of pocket.

That sounds like bullshit to me. Sounds like the other driver is just being a jerk. Heck, I still think you'll be fine.

 

[Doom4life]

SEG388: I agree it is bullshit. Nothing more than a waste of time and lost wages.

hskrRT: My truck was already fixed, as the other driver was found at fault so my insurance company took care of all associated costs. Since the insurance company deemed the other driver was in breach of his insurance he has to settle the total bill with them

 

[Doom4life]

Heh... I was thinking about this last week (that I haven't heard anything) and sure enough, I spoke to soon!

Got a letter in the mail from my lawyer advising me of the date for a settlement conference in the Summer. Just fucking great, I am under the assumption that this is a bad thing for me and a good thing for my insurance company (cheaper for them).

The thing that is most frustrating is I can't get a straight answer from either my lawyer or my insurance company. The lawyer says he deals with the case and not the actual insurance rates and says I need to talkt o my insurance company (ok, I understand). When I ask my insurance company if there is a settlement made, would it affect my rates and all they tell me is "possibly". My lawyer told me that it's cheaper dojng it this way, as hopefully the plaintiff (who our insurance company deemed 100% at fault) will come to his senses and drop it, which I HIGHLY doubt given the fact that they are proceeding.

So can anyone give me any advice/tips/anything for what to expect at a settlement conference? The lawyer is meeting me 30 minutes before the time to go over the details of what to expect, but it's no help for me so far in advance. Is there a judge or who makes the final decision? Or does it just go like this?:
Plaintiff: I want $9,000 as thats the cost to fix both vehicles
Defendant (me and insurance co.): You were found at fault so you aren't getting anything.
Plaintiff: Fine, I'll see you in court.
Defendant: We'll give you $1,000

If that's how its going to go, I do NOT agree with that at all, as that money would come from my insurance (since he was determined to be in breach) and raise my rates...

The one thing I do know, is my witnesses don't have to appear at the settlement conference. So how the hell does that work?

 

[wrc1045]

We'll we all make our assumption on who is right or whom is wrong. It is very possible you could lose your case. Unless you know all the facts it's really not worth commenting. The changes of your rates increasing with be 100%. You should expect your rates to increase when there is any insurance company pay outs period. Your rates offset the costs of doing business (expenses and liabilities) with you the insurer. I wouldn't worry either way. You will be assorbing some of the costs one way or another.

 

[Doom4life]

I might get hell for raising up such an old post for this, but hey.. its an update!!

The case was dismissed, so I know feel comfortable talking about the specific details. To summarize everything:

Our provincial insurance company found the guy in breach of his insurace. In our province, we have to declare the principal operator of a motor vehicle (this is to prevent people with low discounts getting someone they know with a high discount to insure their car for them). The basis of the decision was based on the fact that while he was in physical possesion of the car for more hours within the day, the parent drove the most amount of mileage (if that's even true). Since this decision was made, the cost to repair his vehicle and my truck comes out of his pocket.

However, he tried to fight this decision by taking the insurance company to court and suing the insurance company for the total damages. The judge threw the case out citing the fact that since it involves a motor vehicle accident, I had to be named the primary party (with the insurance company representing me).

Once I actually got to meet with my lawyer in person, I got to see what a waste of time this whole thing was. My lawyer had a 3" ring binder full of papers and stuff related to the case (which my lawyer said the size and amoutn of time spent on thsi case was absurd).

I had a settlement conference in the summer of 2010, and when I met with my lawyer and representative from the insurance company, they told me not to worry and that they weren't backing down on making any sort of claim. I was also told that the plaintiff called the insurance company late in the afternoon the day before sayng that he couldn't make it to the settlement conference because he hurt himself playing sports. Sure enough, he wasn't there and the judge gave him two weeks to come up with a doctors note that specifically said he was unable to come to court because he was injured (my lawyer wanted that versus a note from a doctor saying he was injured since he said it would be too easy to just get a note saying he was injured). After we left the court room, my claims adjustor told me that they didn't think he was going to show up to begin with since it's been a total gong show trying to deal with him and they he got caught trying to get cheap insurance.

So, two weeks came and gone with no doctors note given, however they couldn't get a date in front of the judge until a few weeks ago, where the judge dismissed the case. :mullet:

 

[djdanrt]

I swear I hate people that try cheating the system because they can. Especially when they know they are in the wrong, total waste of space.

I had some old lady hit me while crossing an intersection, when we parked and got out the first thing she said was "oh no not another accident" She had got confused while crossing this intersection and didn't know what lane she was supposed to be in. Police show up and right away the police are on my side but because she doesn't want to tell the insurance she has been in another wreck she plays dumb and says she doesn't know who was at fault! The police finally talk her out of filing a police report that she thinks she needs for the insurance. No real damage to my truck as it hit the side of the bumper. Devious people I swear!!

 

[FSTDANGO3]

Only speak to your Insurance Company as said above!!!
They will take all statements from you and they will handle it directly.

 

[dave3240]

Yes, my insurance company is paying for a lawyer to represent me since it was deemed not my fault.

But yeah, I never thought about the fact that he is paying out of his own pocket for a lawyer. I mean, he has no witnesses so I don't know what him or his lawyer are thinking....

But as I said, there seems to be something going on between him and the insurance company because I was told that, "they know of him". So, I'm assuming he is trying to pull a fast one.

Ins Cos keep a database. In it there is a record of every claim paid out. They use this to identify serial litigators. Once a person is known to sue frequently, they go on a SPEND THOUSANDS TO NEVER PAY THIS PERSON A DIME list. I'd say don't sweat it.

 

[Shimrra]

now you sue him for emotional distress and make him declare bankruptcy for being a total back of dicks

 

[Anthony]

^^^^ I totally agree. Nail him good!!!

 

[440kota]

yeh id go it caused u to miss work which caused u financial problems, plus the mental anguish of you having to worry about you now being sued.

 

[Shimrra]

lol i was totally joking

 

[440kota]

mine was too hopefully they dont take us too serious, after all its internet after all

 

[Doom4life]

Trust me, I wanted to sue for lost wages, emotional distress etc. Especially since I was working a contract job so I couldn't make up the lost wages, the gas to drive to court and the fact that the freeway was shut down while I was trying to get to court (a 20 minute drive turn into an hour and a half ordeal).

However, my lawyer didn't take my commends to kindly and I think I kind of struck a chord suggesting I sue him for wasting my time. He got all defensive saying thats just how the system works (of waste of time lawsuits) and we have to do these things so people don't get away with frivelous lawsuits.

Whatever. It's over and I don't really want to see or hear from that prick again. Personally, I think he did it just to buy time to come up with the money.