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semtex · 05-08-2009, 06:25 PM

Okay, I have an update on this, and I wouldn't mind some feedback on a dilemma I now have. It's been 3 weeks since the accident, and I just found out today from the lady's insurance adjuster that they're denying my claim. Why? Because even though I was stopped when the lady hit me, I can't prove it and there are no witnesses who can back up me up, so as far as they're concerned I hit their policy holder as much as she hit me and we're equally at fault. In the statement that the lady gave to her insurance company (Liberty Mutual), she stated that she doesn't know if I was already stopped when we made contact, or if I was also still backing up. Now, I can't blame her for saying this, because it's the truth. All she felt was a bump. There is no way for her to know if my car was stationary or moving at the time of the impact.

I talked to my own insurance agent and asked him what my options are. He said that he's seen this thousands of times. He said that the insurance adjuster may even believe that even I'm being truthful and was stationary when his driver backed into me, but he also knows that I can't prove it, so he'll just screw me over without a moment's hesitation, because that's his job. It's his job to not pay out if he thinks his company can get away with it. The amount of the damage is below my deductible, so filing a claim with my own insurance and letting the two insurance companies duke out liability is not an option. My agent told me that at this point, my only option would be to call up the other driver and tell her that I'm going to sue her in small claims, but she can avoid being sued if she calls the adjuster back and tells him she's changed her mind and knows that she was at fault for sure.

Well, that doesn't sit well with me. That sounds like bullying, and that's just not me. But here's the dilemma. As much as I don't want to bully the other driver, I feel like her insurance company is bullying me, and that's just getting under my skin right now real bad. If I just let the issue drop, then I feel like I'm not standing up for myself and rewarding their bullying behavior. It's not about the money. As I've already stated earlier in this thread, I'm actually fine with paying for the repairs on my own. It's the principle of the thing -- I don't tuck my tail between my legs and back down when someone tries to bully me. What sucks is that in order to stand up for myself, I have to bully the lady who hit me. I have to be vicious to her as a stepping stone to get at her asinine insurance company.

So I'm torn. I do not want to be a jerk and bully this lady. My brain is telling me to just let it drop and walk away, especially seeing how money isn't the issue. But my gut is telling me to get nasty and fight, because that's my instinct. In fact, my gut is telling me to make the insurance company pay in some other, non-monetary, 'extra-cirricular' way that I won't detail because . . . well, it's not legal. I think of 'First Blood' and 'Falling Down' as inspirational films. I'll just leave it at that.

So what do you guys think? Just take a deep breath and let it go? Honestly, that's what I'm trying to do. But how do I shake this feeling that I'm just backing down and letting some jerk walk all over me and not standing up for myself? I try to be easy going. I'm the kind of guy who can shrug things off all day long with people, no matter what they do to me, so long as I know that it was accidental. But the moment I think someone is trying to screw with me intentionally, all bets are off and I go to war.

05-08-2009, 06:25 PM	#39 (permalink)
semtex A True Z Fanatic Join Date: Jan 2009 Location: Behind enemy lines Age: 54 Posts: 5,995 Drives: People to drink Rep Power: 32	Okay, I have an update on this, and I wouldn't mind some feedback on a dilemma I now have. It's been 3 weeks since the accident, and I just found out today from the lady's insurance adjuster that they're denying my claim. Why? Because even though I was stopped when the lady hit me, I can't prove it and there are no witnesses who can back up me up, so as far as they're concerned I hit their policy holder as much as she hit me and we're equally at fault. In the statement that the lady gave to her insurance company (Liberty Mutual), she stated that she doesn't know if I was already stopped when we made contact, or if I was also still backing up. Now, I can't blame her for saying this, because it's the truth. All she felt was a bump. There is no way for her to know if my car was stationary or moving at the time of the impact. I talked to my own insurance agent and asked him what my options are. He said that he's seen this thousands of times. He said that the insurance adjuster may even believe that even I'm being truthful and was stationary when his driver backed into me, but he also knows that I can't prove it, so he'll just screw me over without a moment's hesitation, because that's his job. It's his job to not pay out if he thinks his company can get away with it. The amount of the damage is below my deductible, so filing a claim with my own insurance and letting the two insurance companies duke out liability is not an option. My agent told me that at this point, my only option would be to call up the other driver and tell her that I'm going to sue her in small claims, but she can avoid being sued if she calls the adjuster back and tells him she's changed her mind and knows that she was at fault for sure. Well, that doesn't sit well with me. That sounds like bullying, and that's just not me. But here's the dilemma. As much as I don't want to bully the other driver, I feel like her insurance company is bullying me, and that's just getting under my skin right now real bad. If I just let the issue drop, then I feel like I'm not standing up for myself and rewarding their bullying behavior. It's not about the money. As I've already stated earlier in this thread, I'm actually fine with paying for the repairs on my own. It's the principle of the thing -- I don't tuck my tail between my legs and back down when someone tries to bully me. What sucks is that in order to stand up for myself, I have to bully the lady who hit me. I have to be vicious to her as a stepping stone to get at her asinine insurance company. So I'm torn. I do not want to be a jerk and bully this lady. My brain is telling me to just let it drop and walk away, especially seeing how money isn't the issue. But my gut is telling me to get nasty and fight, because that's my instinct. In fact, my gut is telling me to make the insurance company pay in some other, non-monetary, 'extra-cirricular' way that I won't detail because . . . well, it's not legal. I think of 'First Blood' and 'Falling Down' as inspirational films. I'll just leave it at that. So what do you guys think? Just take a deep breath and let it go? Honestly, that's what I'm trying to do. But how do I shake this feeling that I'm just backing down and letting some jerk walk all over me and not standing up for myself? I try to be easy going. I'm the kind of guy who can shrug things off all day long with people, no matter what they do to me, so long as I know that it was accidental. But the moment I think someone is trying to screw with me intentionally, all bets are off and I go to war. __________________ "There are no small accidents on this circuit." -- Ayrton Senna 316.8whp & 248 ft/lbs (Dyno Dynamics) \| 319whp & 256 ft/lbs (DynoJet) (04/23/10) Stillen G3 CAI, CBE, Pulley / F.I. LTH / GTSpec Ladder Brace / Setrab Oil Cooler / UpRev-tuned by Forged Perf.