I would let it drop, I don’t want my rates to go up as progressive customer. Just kidding, glad you are ok, unfortunately this is going to be a battle of insurance companies. Ask your friend what the insurance company is going to do and if you feel like you need to get a lawyer you do that, in todays society you have to cover yourself legally otherwise that other family might end up crying they are victims and make you guys pay. My wife’s aunt made a good living suing people, it was embarrassing how little she cared at the impact that would have on other people. I didn’t even feel comfortable having her over our house.
Thanks. We are not interested in suing or hurting anyone personally, but the the driver was to blame and something stinks. His ins will cover it, but my original question was can my friend go beyond complete replacement value for her car if this idiot was texting?
I decided to post one pic after all because it turns out that his front license plate got blown into oblivion when he smashed us. EDIT: And no ticket for excessive speed, nothing.
I don't think it matters what he was doing while driving, even if it can be proven he was texting. What matters is what damage he did, a) to property and b) to you and your friend's health, which could include emotional trauma. I doubt you would be able to recover compensation beyond the replacement value of the car unless your friend has that kind of coverage in her insurance.
Being seen by my GP today, my Neurologist is away. I feel a little off, but no way was I doing the ER for 18 hours yesterday. I have to give the insurance claim # at exam. Her coverage isn't doing anything, his is. Progressive called me pumping me for the attorney's name and what I'm doing and I said I'm seeing him next week, when I know what I'm doing, I will let you know. The ins agent offered me $500 for whatever. I said no.
My friend just got the rental on Progressive's dime. I couldn't care less if that company gets drained forever. "Is the car totalled?" "Not up to me to determine, send an adjuster." "Do you have photos?" "Nope. That's your job." The car is not being moved under any circumstances. Pay the storage fee, thanks. Edit: Autocorrect.
The answer is yes, you have to sue them to get additional monies beyond what insurance company will pay.
I see what you're saying. I don't want to be a skeezeball ambulance chaser by any means, but I am really pissed off. It turns out that I am mildly concussed, I have a CT Scan in the a.m. Since I have a TBI, I don't need any more trouble. Not TBI from the accident, kook brain from my past coma, the gift that keeps on giving. So, playing it safe. Now this is a wee bit crazy . . . ? On the Accident Info Exchange Form, the guy who hit us, his DL # is blank. In what world does that happen? My friend's DL # is on there. So at first I'm going, well, maybe her DL # is not on his copy for privacy reasons, but I'm thinking he got the same thing we did. Something is not adding up.
Crazy. The person must have been going really fast to rear end you while you are already doing 35. I can't believe the officer refused to even issue a ticket. It's annoying because that's one of the first questions insurance usually asks and it helps determine who is at fault. Many insurance companies will try to pull that, "Oh we've determined that our client is only 60% responsible" or some nonsense like that to reduce the payout. The guy must have been flying to rear end you while you guys while doing 35. At the very least he should get a citation for careless or reckless driving. I honestly don't think the texting would have any effect on insurance or payouts, but it could make his premiums go up. I think in NJ, you can only be at fault for getting hit in the rear if you brake check somebody or do something obvious like stop at a green light or cut somebody off. I had an accident where an elderly lady turned left right in front of me at a green light while I was doing 40 and caused a head on collision and this clown ass insurance company tried to say I could have done better to stop in time, which was an absolute load of crap and one of their justifications was that the old lady didn't get a ticket. I argued with them and they eventually conceded. I also had a college girl completely total my car while it was parked once and the dumb ass cop didn't even give her a ticket. It's kind of pathetic how they do that when it matters most, but issue tickets out the wazoo for crap like parking meter violations and going 10 over the speed limit when there is no accident at all.
Do some back-reading. There were no witnesses, lol. I'm psyching myself out here, but something about this is weird
I wasn't kidding... especially now that I've seen the condition of the car that hit you. I don't know what State this accident occurred... but if you want to seek damages through legal channels you should ask a Mod to delete this thread pronto.
The initial consultation with a lawyer is always free. You can get accurate information from an attorney especially if you have injuries. They will be able to give you the best solution moving forward. They would also be able to answer questions with regards to the DL issue as well. Whatever direction you take, just remember it’s your long term health you have to consider. Wish you the best.
Pretty amazing that a cop will write a ticket for speed based on his “trained eye”, but couldn’t write one based on that damage.
NY. I thought you were ribbing me about talking too much in general, re: aforementioned kook brain. I see your point, but I'm not overly concerned about that because what did I do except almost get killed.
Was the cop older or younger? Seems like the hiring crisis affected our law enforcement here, there are some real turds in uniform here now. I got pulled over by a cop about a month ago that had a fucking tear drop tattoo.
