Lady
Old Hand
Member of the Month - 9/08
I may live in Ohio but my heart belongs to the blue and the gold !
Posts: 659
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Post by Lady on Feb 21, 2008 9:00:00 GMT -6
I was in an auto accident Sunday and and the officer told me that no one was going to be charged . I was also told that since no one was charged ,it means we will both basically be responsible for our own vehicle repairs ect... Well my vehicle was totalled . My question is this . I still owe on my vehicle {under 1000.00 } and when I bought it I was suppose to have full coverage on it and did until about 3 months ago . I dropped to liability because of my impending hernia surgery to cut expenses . It is about a given they are going to repo the van ,because I can't afford payments, because I am not able to go back to work ,like scheduled , until I have another vehicle . At the moment all we are living on is my daughters child support . Is there any legal{criminal } trouble that I can get into for not maintaining full coverage ? I am sure they will file a civil case but just wanted to know about criminal charges . I fully intend on paying them ,once I figure out a way to get another vehicle ,and can get back to work . Any advice .
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Post by lawrence on Feb 21, 2008 9:54:33 GMT -6
Then unfortunately i feel that your buggered lady. With insurence if the t's are not crossed and the i's dotted you have not got a right whats so ever. Its unfair as my life insurence was stopped becuase i was honest and informed them of an upgrading of my medication for high cholesterol. Within a week i had a letter back from them stating that they will be asking my doctor for his views . Because i asked to see a specialist (not the doctor) that was placed on my report. the insurers know this and have suspended my life insurence until after that appointment. Crazy and unfair but what can we mear mortals do. Try the small claims court if you have one, explain and they might be able to do something or the civil liberties office. I sympathise with you. I think you should try to get some legal advice just to be on the safe side. Talk to someone and get advice. To be prepared to to be ready. i wish you luck and keep us informed.
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Post by iamjumbo on Feb 21, 2008 18:28:01 GMT -6
I was in an auto accident Sunday and and the officer told me that no one was going to be charged . I was also told that since no one was charged ,it means we will both basically be responsible for our own vehicle repairs ect... Well my vehicle was totalled . My question is this . I still owe on my vehicle {under 1000.00 } and when I bought it I was suppose to have full coverage on it and did until about 3 months ago . I dropped to liability because of my impending hernia surgery to cut expenses . It is about a given they are going to repo the van ,because I can't afford payments, because I am not able to go back to work ,like scheduled , until I have another vehicle . At the moment all we are living on is my daughters child support . Is there any legal{criminal } trouble that I can get into for not maintaining full coverage ? I am sure they will file a civil case but just wanted to know about criminal charges . I fully intend on paying them ,once I figure out a way to get another vehicle ,and can get back to work . Any advice . short answer is no. there's no law that says you have to have full coverage on a car you're making payments on. it is in the contract you signed, and they undoubtedly will sue you for it. you can handle that however you'd like, but there's nothing criminal about it at all
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Post by trogdor on Feb 24, 2008 2:13:08 GMT -6
I was in an auto accident Sunday and and the officer told me that no one was going to be charged . What happened? That's not for the cop to decide. That's for the insurance company to decide. It's all about the police report...not whoever is charged. And the other car? Eek! Don't believe so. But if it does happen, log onto PTO...they loves their criminals. Who is filing a civil case? Get a bike. It's what I do.
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Post by iamjumbo on Feb 24, 2008 10:43:12 GMT -6
I was in an auto accident Sunday and and the officer told me that no one was going to be charged . What happened? That's not for the cop to decide. That's for the insurance company to decide. It's all about the police report...not whoever is charged. And the other car? Eek! Don't believe so. But if it does happen, log onto PTO...they loves their criminals. Who is filing a civil case? Get a bike. It's what I do. would you ride your bike through the snow if you lived forty miles from work?
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Lady
Old Hand
Member of the Month - 9/08
I may live in Ohio but my heart belongs to the blue and the gold !
Posts: 659
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Post by Lady on Feb 24, 2008 11:33:21 GMT -6
I was in an auto accident Sunday and and the officer told me that no one was going to be charged . What happened? That's not for the cop to decide. That's for the insurance company to decide. It's all about the police report...not whoever is charged. And the other car? Eek! Don't believe so. But if it does happen, log onto PTO...they loves their criminals. Who is filing a civil case? Get a bike. It's what I do. Well what happened was this old lady ,who has no business behind the wheel of a car ,ran a red light and t boned me . The other car was a Cry.300 and it got a little damage but was likely able to be driven away from the scene . I was wondering if the car lot could file criminal charges against me since I dropped to liability coverage . I agreed to full coverage . I have to have a running vehicle as part of my job , because I care for the handicapped and have to transport them places ,so a bike is not an option .
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Post by iamjumbo on Feb 24, 2008 18:00:50 GMT -6
What happened? That's not for the cop to decide. That's for the insurance company to decide. It's all about the police report...not whoever is charged. And the other car? Eek! Don't believe so. But if it does happen, log onto PTO...they loves their criminals. Who is filing a civil case? Get a bike. It's what I do. Well what happened was this old lady ,who has no business behind the wheel of a car ,ran a red light and t boned me . The other car was a Cry.300 and it got a little damage but was likely able to be driven away from the scene . I was wondering if the car lot could file criminal charges against me since I dropped to liability coverage . I agreed to full coverage . I have to have a running vehicle as part of my job , because I care for the handicapped and have to transport them places ,so a bike is not an option . like i said, all you did was breach the contract. it's strictly a civil issue.
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Deleted
Deleted Member
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Post by Deleted on Feb 25, 2008 17:39:45 GMT -6
Well what happened was this old lady ,who has no business behind the wheel of a car ,ran a red light and t boned me . The other car was a Cry.300 and it got a little damage but was likely able to be driven away from the scene . I was wondering if the car lot could file criminal charges against me since I dropped to liability coverage . I agreed to full coverage . I have to have a running vehicle as part of my job , because I care for the handicapped and have to transport them places ,so a bike is not an option . File a claim with her insurance company ASAP. Her insurance info should be on the police report. If she ran the red light, she is at fault even if no citation was issued by the investigating police officer and regardless of if the officer said that "no one" was at fault. It is common that a person will not get a ticket yet they are still ultimately 100% at fault for the accident. Which means, the other driver's insurance company will pay to fix your car and/or pay you for it if it is a total loss AND pay for any medical bills you may have for whiplash (chiropractors can do miracles for aches/pains resulting from fender benders). However, just know you can get paid for the total loss AND keep your car if you want but it will require a new title be issued later indicating that the car was fixed after such extensive damage. Also, I think you said you still have liability insurance? If so, talk to them ASAP as well so they know what is going on if she tries to do the same thing by filing a claim with your insurance company. Finally, I would suggest you come clean with the bank that financed the loan on the car. Tell them what happened, why you dropped it, etc. and ask them to work with you. Tell them that you are filing a claim with the other driver's insurance company because you believe that the other driver was at fault since she ran a red light. The lender may prove to be an advocate for you in this process to protect their interest in your car -- they want it fixed and/or they want the money paid out for the total loss -- either way, if you are communicating with them it makes it much less likely that they will file a lawsuit against you for breach of contract. Good luck.
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Post by trogdor on Mar 2, 2008 13:57:41 GMT -6
would you ride your bike through the snow if you lived forty miles from work? I'd telecommute through the snow if I lived 40 miles from work.
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Post by trogdor on Mar 2, 2008 14:03:38 GMT -6
I have to have a running vehicle as part of my job , because I care for the handicapped and have to transport them places ,so a bike is not an option . The paradigm has been shifted.
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Post by kma367 on Mar 13, 2008 18:15:31 GMT -6
Excellent advice, Little and you're absolutely right!
In a lot of jurisdictions police officers have "discretion" on whether or not to issue tickets when they investigate a crash, especially those with no injuries, or minor ones. Additionally, if Lady told the officer she had the green light and the old Lady told the officer she had the green light, he's got no way of knowing which driver actually had the green light. Even with multiple witnesses backing one side up, he might not have been able to issue a ticket since he didn't have any first hand knowledge of who had the green light.
It is important that you immediately notify your insurance company about the crash in the event that the old lady tries to file a claim against your liability. That will trigger your adjustor getting a police report and speaking to any potential witnesses who might be able to back you up on the fact that the old lady ran a red light. While that will simply lead to them denying her claim since you didn't have comprehensive/collision, it's an important step to take.
It actually might also be in your best interests under these circumstances to contact an attorney to deal with the old lady's insurance company, as well as assisting you in dealing with the lien holder on your vehicle. They work on contingency and unless you have to file a lawsuit, the expenses should be minimal in the early stages of the process.
I hope every thing works out for you.
kma367
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