[Dr. Mom]

My 16 year old son was hit near head-on by a suspected drunk driver on 7-11-09. Thankfully he is ok; great testamonial for seatbelts. The driver of the other vehicle failed to negotiate a curve in the road and ran his Jeep Cherokee up onto the drivers side of my sons car then flipped his jeep over onto its side; he was cited in the ER for negligent driving and further charges are pending the outcome of the toxicology reports. The police report clearly states what happened, however the other drivers insurance company insists on interviewing my son before they even send an adjuster out to assess the cars damages. The body shop manager (who we trust) says the car is totaled. My son had a 1999 Buick Regal which we purchased in April 2008 for $5800. It was a nice vehicle, leather seats, nice paint with pin striping along with other amenities; it was an upper end model of that brand for "its day". Now to my questions.....is it customary for the insurance company of the 'at fault' driver to want or need to interview my son? Should we have an attorney present to guide said son through the interview in the event they are trying to displace blame? We are not out for blood, just to be fairly compensated as we will need to get another vehicle. Pre-owned vehicle prices are now much higher just a year later due to the state of the economy. Any guidance would be GREATLY appreciated. Thank you for taking the time to read this. If I need to supply more information, I will gladly do so. I may have unwittingly left some vital details out. I still shutter when I think of my sons voice on the phone when he called me. He was only six blocks from home and on his way to purchase a few necities for football camp the next day. The other driver was less than a block from his driveway so the curved road was NOT new to him. !!!!!

[Dr. Mom]

Oops....necessities.

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[StrwBerryBlond]

Wow what a shame. I'm happy for you & your son that he is okay.
Insurance companies always need a statement, sometimes several. They also always try to get over on you. I would call your own insurance agent immediately with any & every question. That's what they're there for right?
Good luck

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[Vsp1140]

From a Police officer's stand point... Get a lawyer. It may cost you some money but in the end it will be worth it. Dont let your son interview without one. Insurance companies can be a d ick to dear with.

[exelant]

Vsp is right, but your insurance company should be advising you. Call them and tell them what's going on - they aren't going to want you talking to the other side this soon. Do not talk to the other insurance company without a lawyer. In civil cases, the ticket does not automatically assign blame for damages. When they call again say you're going to get your own lawyer - most lawyers will take a case like your's on contingency. Good luck.

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[wnm]

Have your insurance company handle this for you. I have been hit a number of times by others who were clearly at fault. I always called my company and had them subrogate the claim. They will immediately pay in full and except for your deductible, which they will pay once the other company admits fault and pays in full.

Your son may still have to give a statement, but I would delay that until your company has done everything first. Also, I would not retain an attorney until your company says you need, and even then, see if your company will provide the service for you.

Here's how it works:

Subrogation - Wikipedia, the free encyclopedia

[KillYouWithMyMind]

i work for an insurance company taking claims over the phone. i can tell you the adjusters from every insurance company will need a statement from every party involved no matter what. a statement is all the company has to go on to decide who is liable for the accident. the lawyer of course would be a personal decision. if you feel like the 3rd party (other person involved) or their insurance company is trying to screw you or lying about how this happened, you may want to get a lawyer. subrogation is not a bad idea if you have your deductible to spend up front because even if there is a problem and you have to handle it thru your insurance co, the process wont change. if the other company does accept liability, you will get your money back. if not, you would have to spend the deductible anyway to get your check for the totalled car.

insruance companies DO and WILL try to screw you over, i know first hand. this is just a job to me, i dont like the insurance companies any more than the rest of you. (i felt like i had to say that so no one thought i was a j*rk!)

i am very glad your son's ok. i have to take claims involving injuries, even deaths on a daily basis and its hard enough for me to just take the call. so even if this situation doesnt work out for the best for you, you still have your son and he still has you.

[wnm]

i work for an insurance company taking claims over the phone. i can tell you the adjusters from every insurance company will need a statement from every party involved no matter what. a statement is all the company has to go on to decide who is liable for the accident. the lawyer of course would be a personal decision. if you feel like the 3rd party (other person involved) or their insurance company is trying to screw you or lying about how this happened, you may want to get a lawyer. subrogation is not a bad idea if you have your deductible to spend up front because even if there is a problem and you have to handle it thru your insurance co, the process wont change. if the other company does accept liability, you will get your money back. if not, you would have to spend the deductible anyway to get your check for the totalled car.

insruance companies DO and WILL try to screw you over, i know first hand. this is just a job to me, i dont like the insurance companies any more than the rest of you. (i felt like i had to say that so no one thought i was a j*rk!)

i am very glad your son's ok. i have to take claims involving injuries, even deaths on a daily basis and its hard enough for me to just take the call. so even if this situation doesnt work out for the best for you, you still have your son and he still has you.

I love my insurance company. They have never tried to screw me.

[KillYouWithMyMind]

I love my insurance company. They have never tried to screw me.

i actually love mine too, i was just speaking in generalities. i know the company i work for (which will remain namesless) is one of the companies that has no problem dropping people after 1 claim, not paying out completely and numerous other complaints ive heard from customers, family, etc.

we are some of the lucky ones wnm.

[BIGREDMACH1NE]

Glad to hear your son is ok. I'm not 100% sure what to do in your situation, But back in November I was rear ended by a School Bus in my (babied, shiny, sexy) 97 Pontiac Bonneville.

The driver admitted fault to their insurance company and all I had to do was get some estimates, wait for an adjuster to come out (BTW that took a week ugh) and wait for the $3500 after they deemed it "totalled.

Oh, And I fixed it for $350

I mean seriously does this look totalled?

DIGI0491.jpg picture by dragongamer701 - Photobucket

[xxxxpradaxxxx]

Glad to hear your son is ok. I'm not 100% sure what to do in your situation, But back in November I was rear ended by a School Bus in my (babied, shiny, sexy) 97 Pontiac Bonneville.

The driver admitted fault to their insurance company and I had to do was get some estimates, wait for an adjuster to come out (BTW that took a week ugh) and wait for the $3500.

Oh, And I fixed it for $350

And thats why insurance companies are so impossible to deal with.

Because they get screwed over day in and day out and lose out on way to much money.

[KillYouWithMyMind]

And thats why insurance companies are so impossible to deal with.

Because they get screwed over day in and day out and lose out on way to much money.

well thats a good excuse for the insurance companies but you have to think of the millions of dollars they get for nothing every month.

think about how much you pay for insurance.
now think about how much your insurance company has given you back.

if you're safe (and lucky) and never have to file a claim, you're throwing money away that you will never see again for the abstract notion of "peace of mind." if insurance was an honest business, the companies would refund a majority of your money (of course not all, it is a business) if you dont cost them anything. that will obviously never happen. i know some companies have the safe driver rewards and stuff but it still doesnt amount to much. basically what im saying is there are not losing money or struggling. and if they are, our govt will bail em out with taxpayers money so what do they have to worry about?

i know what youre saying prada and i agree, it is screwing the insurance company. but if i was in his position, id probably do the same thing. money is money.


sorry to go off on a rant there, i hate my job.

[xxxxpradaxxxx]

Yes but if you have 1,000 dollar 6 month policy-

And lets say you have a policy for 6 years.

Thats 12k dollars.

12k dollars is nothing, when claims can easily reach 70k in medical bills alone.

In NJ, the most densely populated state in the country, claims get filed left and right.

And being that I get to see my Insurance companies statistics-

The Premium to Claim ratio is usually either even, or negative.

[KillYouWithMyMind]

thats not the case for the company i work for. or the company i personally have insurance thru (as far as i know)

im sure it varies depending on the company.

plus i know claims get filed left and right and i can tell you probably 25-30% of the claims i take during any given day, the injuries reported are false.

that doesnt mean the company wont pay out, just means that people are full of crap. i hate those people with a passion, any way to make a buck its just ridiculous. i really wish they were hurt and the company denies their claim. just me pitching a fit again.

[xxxxpradaxxxx]

plus i know claims get filed left and right and i can tell you probably 25-30% of the claims i take during any given day, the injuries reported are false.

Those are the ones that screw everything up...

Medical bills are ridiculous.

Just a few chiropractor visits for a "crick in the neck" and thats like 80k dollars.



Scary!

[CanuckBB]

Dr. Mom,

Contact YOUR insurance company. They will take your statement. Typically, your company settles with you and then reclaims to the other one. I've been in a few accidents and I've never had to speak to the other driver's company.

2 years ago, some ***** t-boned me and totalled my car and is now suing me. Word from my insurance company is to simply turn all legal documents to them, they will handle the settlement.

[Dr. Mom]

Thank you to all who read my lengthy saga and replied. We contacted our insurance company within a couple hours of the accident and so far they seem pretty willing to leave us hanging out to dry while we keep getting contacted by the other company. Our company has not been very helpful other than to aknowledge the fact that there was an accident. Our local police were fantastic!!!! God bless them for ALL they do. Were still waiting on toxicology reports. Don't really know when and how we will be notified.

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[exelant]

Might be time for a new company Mom. Still, do not offer any statements to the other company. Also, most lawyer's first appointments are free, you do need one, and like the insurance workers have said, don't trust them and they will use everything you say against you.,

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[Vsp1140]

Might be time for a new company Mom. Still, do not offer any statements to the other company. Also, most lawyer's first appointments are free, you do need one, and like the insurance workers have said, don't trust them and they will use everything you say against you.,

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Yeah I dont know who your insurance company is but find another one. Dont make any statements without an attorney. It will come back to haunt you.

[Dr. Mom]

An attorney will be present. When things are settled I will post back to let all of you gracious "crackheads" know how things turned out. May be a couple weeks; I know from my medical background, insurance companies work at a snails' pace.

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[Dr. Mom]

P.S. Thank you!!!!

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[KillYouWithMyMind]

hope everything works out for you and your family!