Opinions requested

[Ray]

This is a long read.

A few weeks ago I was involved in a car accident. At the time of the accident the other driver admitted being distracted. ( cell phone) in front of witnesses, fire rescue and others.

Fast forward. It turned out the other drivers insurance refused to honor the claim because the husband held the policy in his name as drive only. Wife was the driver.

So I drafted him a letter asking his intentions.

This is what I received back today.

I'm sorry to hear that my insurance did not cover your repairs.
It came as a surprise to me because my insurance company has not been in contact with me since the accident, so I assumed they were handling it.
I understand the frustration you are feeling in pertains to the damage to your vehicle.

While the matter is unresolved as to who ran the red light we do feel a matter of responsibility for the damage to your vehicle.
It appears the damage by looking at the pictures is limited to your bumper and are offering --- dollars to cover the cost.

If this is not acceptable and you decide to take legal action then we will have no choice but to file a claim against you for the damages to our car.


There is more to it but that's the body of what I was sent.

Any opinions or advice. No one was injured at least not seriously. Both vehicles are totaled hers 02 Kia. Mine 94 gmc Mark IV conversion van.

 

[burdar]

What does your insurance company say about all this?

 

[Ray]

No help. They will only pay for my medial issues of which there are none.
I did not carry comprehensive due to the vehicles age.

 

[ramenth]

Who was ticketed?

 

[moparleo]

Get an estimate to fix your car and tell the guy that you will take him to small claims court if he doesn't pay up. I think 5,000 is the limit now. Now did you get any names and phone numbers from the "witnesses?" Small Claims court is called liars court for good reason. The guy with the best story usually wins. Was this guy stupid enough to put his apology in writing and if so, did you keep it ? Let him explain to the judge The note that said if you don't accept his offer that he would take YOU to court. Make a folder and write down everything that you can remember as well as pictures of the damage. Unless you are used to going to court, it can be intimidating and your memory tends to go away, so write it down.

 

[Ray]

Who was ticketed?

Police do not respond to accidents in phila. Unless there is an injured party.
Although she is guilty of driving without insurance as is her husband. Which if I make a police report will result in a license suspension for them both.

 

[Ray]

Get an estimate to fix your car and tell the guy that you will take him to small claims court if he doesn't pay up. I think 5,000 is the limit now. Now did you get any names and phone numbers from the "witnesses?" Small Claims court is called liars court for good reason. The guy with the best story usually wins. Was this guy stupid enough to put his apology in writing and if so, did you keep it ? Let him explain to the judge The note that said if you don't accept his offer that he would take YOU to court. Make a folder and write down everything that you can
remember as well as pictures of the damage. Unless you are used to going to court, it can be
intimidating and your memory tends to go away, so write it down.

Funny part is he reported the accident to his insurance and claimed responsibility. That would be recorded and I could get a copy. His insurance appraised the damage then told me they denied the claim because he wasn't covered.

In most states there is what's called named driver only insurance. Look it up. That means only the insured can operate the car and only that person.

 

[moparleo]

Let us know how you did in court. File tomorrow.

 

[Ray]

Let us know how you did in court. File tomorrow.

Intend to do that tomorrow.
I'm sure they own nothing so the end result will be to take the judgment to Penn. DOT who will suspend there driving privileges tell they reimburse me for damages.

 

[moparleo]

Go get em tiger!

 

[burntorange70]

Sorry to here Ray. Wish I could help but know nothing about such things. Good luck to you. I hope all goes well.

 

[Ray]

Just thought I would update this. I finally received my check for damages today.
Now to search for a replacement.

 

[moparleo]

All right ! There is still some justice out there. Good going Ray .

 

[Ray]

Well half way there. Now there is still the criminal hearing for the idiots that attacked and threatened me if I pursued the claim. I spent a few days in ICU as a result.

 

[moparleo]

How long ago did this happen? Are they in jail? Did you hurt your shifting arm ?

 

[74chlngrTT5.9]

Well half way there. Now there is still the criminal hearing for the idiots that attacked and threatened me if I pursued the claim. I spent a few days in ICU as a result.

Wow that is a statement that leaves things dangling. Some details if you are so inclined would be appreciated. If not, It is understood...

Are you ok/healed or healing??? And as Leo asked, Jail time???

 

[Ray]

Sorry for not being clearer. My wife had posted something in my visitor message at the time. Let me just say that shortly after he was served notice I was greeted outside my garage and threatened . A fight incurred and I was stabbed in the process. Collapsed lung and severe blood loss. I was lucky that a fellow contractor from the neighbor hood was driving by with his Helpers and stopped to help me.

I lost a lot of blood and flatlined once on the way to the hospital. ER doc jumped the gun and told my wife I probable wouldn't make it. Looks like he was wrong.

Fine now still weak but getting stronger everyday.

 

[burntorange70]

Dang ray. That's wild stuff. Sorry to here that. Hope all goes well and you are healing up. Thoughts and prayers coming your way bud.

 

[74chlngrTT5.9]

Thanks for the update,

Prayers out for your complete recovery and piece of mind (now and long term) for your entire family also recovering from having to deal with this.

Mike.

 

[Ray]

Thanks for the update,

Prayers out for your complete recovery and piece of mind (now and long term) for your entire family also recovering from having to deal with this.

Mike.

Prayers back to you and your's.