Post by
AntiIdTheft »
https://forums.nicoclub.com/antiidtheft-u15557.html
Sun Mar 28, 2004 6:22 pm
You're lucky that it did NOT go bad to chase the hit and run driver.
What if he was a wanted criminal who would do anything to NOT talk to the police, even shoot you? What if chasing him caused an accident with MORE property damage, or someone injured or even killed?
Did you know that contrary to the ad campaign by AllState that even the very BEST insurance companies will NOT represent you for CRIMINAL CHARGES such as negligent vehicular homicide or manslaughter. The retainer could be $20,000 to $30,000 and by the time you go to trial in 1 to 3 years, the legal costs (not even counting lost wages) could exceed $70,000 to even over $100,000. I found out how to close this $100,000 or more loophole in my insurance coverage, and it can also help me get faster and larger claims paid to my family.
They may have an attorney represent the INSURANCE COMPANY in the CIVIL LAWSUIT, however their is a conflict of interests and that attorney can NOT represent two DIFFERENT clients. If there is just one attorney, they he is representing the BEST interests of the party who is paying him, the insurance company. Thus, you need YOUR attorney to guard YOUR best interests. The insurance company may ask the other lawyer to settle the insurance company's liability for the amount of the policy, and that agreement may NOT release you too. Thus, they can settle out-of-court for the policy limits and leave you defenseless against the rest of the amount !!! In one good example that was $500,000 on top of what the insurance company paid, was still owed by the defendant.
I've been an insurance agent since 1986, however it was NOT as a property and casualty agent. It was other lines.This is MY OPINION, not legal or insurance advice.
I'm an independent agent, so I can tell clients how to get better claim settlements and faster payments. Independents can sometimes save you a lot, but check out the AM BEST report to make sure the company is sound, even if it has a good name.
#1. Your insurance agent is NOT "your" agent. He is compensated by the insurance company and his first and ONLY loyalty is to that insurance company. If there is something which will cause you to get a larger claim, then he can't tell you that ... unless he does it as a friend secretly and then he might get fired or his appointment not renewed with that company. That included advice to call YOUR attorney, or NOT settle a claim without YOUR attorney reviewing everything and giving their blessing, or having insurance contracts which are written by THEIR lawyers read by YOUR attorney before you sign them.
The agent usually will NOT tell you how to get much cheaper rates UNLESS a competitor is bidding for you business, or you are thinking of dropping the coverage. Otherwise they get a pay cut and the company may get mad at them
# 2. NEVER sign a release for medical or property damage UNTIL you speak with YOUR attorney and let them read it. There maybe hidden damage to your car or you. I'd suggest a thorough exam by a chiropractor to be safe. Symptoms might not show up, even after 6 to 12 months after the accident.
# 3. NEVER make any statements to adjusters for either company until you talk to YOUR attorney. Adjusters will frequently record your call with your permission usually so they can use it in court. If you can legally do it in your state, then record your call too. Take notes on who and when you talked to people, their number, position, and a summary of what was said.
What you say or reportedly said ... can get your claim reduced or even denied.
One example of the seriousness of this in a short Reader's Digest form. A friend was a passenger in a vehicle that ran off the road. He suffered back and internal injuries that caused over $35,000 in medical bills. The injured party had NO medical insurance. The adjuster asked the friend if the driver did anything wrong that he knew of to cause the wreck. Since he did NOT want to get his friend in trouble, he said NO. Those simple two letters cost him over $35, 000. The adjuster and insurance company denied the claim. The policy clearly stated that the company was ONLY responsible for claims where the driver was "CLEARLY NEGLIGENT." Since there was no signs of negligence, the company was off the hook.
# 4. Write a letter of complaint to your state's insurance department and send a copy to that insurance company's home office. Insurance companies do NOT like to have OPEN letters of complaint with ANY insurance department and will race to get your permission to CLOSE the letter. I have used this many times and IT WORKS. Just stick to details and facts, and keep it short and sweet. Don't suggest any settlement amounts or terms, just that you NEED assistance with your claim and wish the department to review your claim. Also write a letter if they deny your claim, but have both letters reviewed by YOUR lawyer.
If they deny your claim, then write a letter to your insurance company and just the term "BAD FAITH" Example I believe the company is using BAD FAITH to deny my claim # under policy # for the accident or injury which happened on or about this date.
In this day of Identity theft, stolen or illegally duplicated driver's licenses, forged insurance verification forms, etc., there are special precautions to take for the wise.
# 5. Carry a disposable camera in a sealed pouch under the driver's seat or middle arm rest. (Don't put it in one of the two hottest places in the car, the glove compartment or visor. Don't put it in the trunk where it might be destroyed or hard to get to in a rear-end wreck.) Start taking pictures of the position of the cars, the condition of the roadway, anything that might have limited the vision of the drivers such as bushes, landscaping signs that may be in an illegal position, the other driver (especially as close up as a mug shot without being too obvious. They usually have 27 shots and run under $5 if you get them at Walmart or a discount clubs
Why? The other driver may claim that the accident was due to a portable sign in the way, oil on the road, etc.Once the vehicles are moved OFF the road as many states are requiring for NON-injury accidents, then it's a game of he said, she said, and how good is the investigating officer is at reconstructing a wreck when all the evidence has been moved. He might rule against you, even if it was NOT your fault !!!
The other driver might claim that he was not the driver, and that might be true that someone has stolen his identity. Your pictures can help prove or disprove this, and catch the real driver. Using a lost, stolen, or illegal duplicate driver's license, then the car and insurance may be registered to a person whose Identity was stolen. One NJ man only had one car, but 15 were registered to him. He found this out when he was sued for ONE MILLION DOLLARS due to an accident by a driver in a car that was registered in his name by an IDENTITY THIEF.
Take pictures of the damaged vehicles from many sides and also of the other driver and passengers walking around and any witnesses. Also take pictures of your passengers walking around in case they decide to sue you later.
# 6. If it's during business hours, then call that insurance agent and tell them you are in a wreck with one of their clients and you are the agent that is listed on the insurance verification. You want to make sure that the driver (give physical description and VIN or tag number) are currently covered. That will help reduce the chances that they are an identity THIEF, have lapse insurance, etc.
# 7. Ask the cop to verify that the diver has a good license and it is not a fake one.
# 8. Don't admit guilt to the police or others. You might think that you were partially or totally at fault, however there might be other caused. Get names, addresses, and phone numbers of witnesses, especially if local. Saying I'm sorry that I hurt you could be considered an admission of guilt. However, it's safer to say that I'm sorry that you were injured.
I've been a member of a legal service for over 20 years that helps me for less than many spend for a convenience store cup of coffee a day. Thus, I can get virtually UNLIMITED legal advice and letters written by a VERY LARGE and well-known law firm for less than 87 cents a day, or even less in some states. I can even call a lawyer 24/7 if I or a family member id stopped, questioned, or arrested by a law officer or security guard with a few safeguards to avoid encouraging bad behavior. Thus, I get many valuable services under this nationwide coverage at no extra charge, without worrying what it will cost me to pick up the phone and ask what are my rights, how can we enforce them, what should I say or NOT say, etc. ?
I just lost my dad and his Identity was stolen before he died. This caused probate to DRAG out an extra 14 or so months, plus cost about $15,000 extra.There's a UNIQUE program that I'm now enrolled in which a different 32 year old-publicly traded company will monitor my credit reports and alert me to possible problems.However, what's UNIQUE is rather than stopping there, they will do virtually all the work to RESTORE identities. The average time required to do this is 600 hours, but there are no extra charges. I spent longer than that clearing up what I could on his ID Theft. There are some other major differences too.
Best wishes,JoeNew to me 1996 Infinity I30 owner looking for a right cornering lamp assembly that is next to the fog lampTulsa OK