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  1. #161

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    Quote Originally Posted by Steve View Post
    It's been almost two years since the accident!
    That long ago? Seems like just last week.
    Christopher

    1991 Chevy Suburban 1/2 ton 2WD w/ chevy SBC 350-3/4 ton drivetrain upgrade w/4.10 gears 200K miles
    2005 Saturn ION-2 Stock 277K miles
    1982 Bronco, 1993 Bronco (sold), 1971 M35A2 Deuce and a Half



    There are 10 kinds of people, those who understand binary, and those who dont...

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  2. #162

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    Wow, I just talked to Farmers Insurance and they claimed that they are STILL holding to the fact that they are going to only CONSIDER paying out 60% ... MAYBE.

    Wow, I was hoping to just waltz through this and get all of my medical

    Steve
    10 Chevy Traverse LT AWD
    02 Chevy Trailblazer LS (110K+ miles - loaded except for 4WD - WRECKED!)
    99 Chevy Cavalier LS (105K+ miles - commuter car)
    78 Chevy Suburban Silverado (454, 3/4 ton)
    62 GMC 3/4 ton Pickup (350 police interceptor)

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  3. #163

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    Looks like I have to file suit against Farmers for all of this. I'm calling the attorney right now and we'll see what we have to do to get them to pay.

  4. #164

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    Quote Originally Posted by Steve View Post
    Looks like I have to file suit against Farmers for all of this. I'm calling the attorney right now and we'll see what we have to do to get them to pay.
    Not a big deal but legally you don't file against Farmers, as they did not cause your loss, you'd be filing against their insured. Farmers would be required to provide their insured a defense.

    An attorney will normally take on an injury claim and collect 33% of your injury settlement. They almost never get involved with property damage. I suppose they would if you paid them but it would cost you some major coin (probably $100-$150/hour).

    If I remember correctly, your carrier paid for your property damage. They collected 100% back so you also were paid your $500 deductible back.

    You mentioned medical bills and diminished of value of your truck. Most carriers are not writing their policies to excluded DV claims. So it's unlikely that your carrier would pay you for this. But you can ask. Did you seek medical treatment? In order for you to make any money using an attorney, your treatment would need to be around $1000 or more. Otherwise your not looking at much money after the attorney takes his/her 33% plus expenses.

    You can always file suit in Small Claims Court up to the max that they allow. I think this stands a good chance of getting Farmers to throw money at this to make it go away. As I mentioned before, I doubt the arb settlement can be entered in as evidence in Small Claims Court. You can always have fun filing a Discovery Motion against Farmers and ask for a copy of your claim file as well as a boat load of other information. They'd probably oppose but you'd be making them spend a lot of money in the defense of a minor claim. It would not cost you anything but they'd be paying an attorney to handle the matter.

    You can fill out the paperwork for Small Claims and send it to the Farmers insured as well as Farmers and include with it a demand. Let their insured know if it's not paid w/in 30 days that you will file the paperwork. See where that goes.

  5. #165

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    so any updates on this?

  6. #166

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    It was in a different thread. It was a procedural thing, I sued the other party but the way that insurance paid out some made it too much total claim to go to small claims court, and it wasn't enough money for an attorney to take the case, so they paid $10,000 to repair the TB and then I got nothing.

    Yes, I am bitter about it too.

  7. #167

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    that blows. do you still have the TB? if so, how is it driving?

  8. #168

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    Wow, sore subject. TB is gone, wrecked it in September. That was one of the best vehicles I've ever owned.

  9. #169

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    Quote Originally Posted by Sooner View Post
    Comparitive negligence sucks. Oklahoma is the same way. A close friend of mine is an adjuster for Farmers (she doesn't care for them either). She told me two very important things when involved in an accident. First, always stay at the scene and file a police report. Second, talk to your insurance company BEFORE giving a statement to theirs, regardless who you think is at fault. They will protect you, and them, from getting shafted unless it is a cheap insurance company. In which case, the cheaper insurance companies will usually roll over rather than fight the companies with deeper pockets. Also, she said the wording in your statement is critical in a comparitive negligence state. For example, if you are following someone, they slam on their brakes forcing you to slam on yours (you stop short of rear ending them) and then you get rear ended by a third vehicle behind you, what you give in your statement can put you partially at fault. If you say you simply came to a full stop and the car behind you rear ended you, it's likely they will be 100% at fault. If you say you "slammed" on your brakes and the car behind you rear ended you, they may deem you partially at fault for not allowing enough distance between you and the car in front of you to make a slow/easy stop. Either way, the best thing you could've done was contact your insurance company. They have lawyers to fight for you. If they don't, it's time to find a new company and I'm sure you won't be going to Farmers.

    Sorry, I didn't mean for that to be so long. Maybe it'll help someone.

    Old thread but that happened to us. We just finished playing golf at LSU and we turned left onto Lee Drive from Highland going back to the house and we were the 4th truck in line. There was a old Oldsmobile at the front who decided to make an illegal U turn to turn into the Popeyes after turning onto Lee Drive. This caused everyone to hit their brakes and come to a dead stop short of hitting everyone.

    A girl from LSU who was obviously texting was behind us. She was looking down and texting and didn't see all of us go. So she hit the gas after she realized it, made the turn and looked down to text again. She must have gotten to about 40 whe she slammed into us. When she hit us, we were still dead stopped and I could see the Chinaman's towing package and some blacktop on his early 90s Tacoma. We were in my buddy's 03 Tundra, got hit and pushed into the Chinaman rather hard and it bent his towing package down and thats it. It popped the emblem off of Colby's Tundra and thats it. There was another wreck behind the girl who hit us between a odd guy and a mid 50s woman but thats their problem.

    Anywho when the Baton Rouge PD came, the Chinaman gave his statement first which was more of a lie when Clinton said he didn't sleep with that woman (joke). I couldn't understand a word the Chinaman was saying. So then I gave mine correcting the Chinaman's statement being the only "credible" witness really (I was enlisted at the time in the Marine Corps Delayed Entry Program). Then Colby and the LSU girl gave theirs which sounded alot like mine.

    That was a little over a year ago and they're still fighting it. Colby and the girl from LSU are being sued by the Chinaman who claims to have back pain and neck pain but still goes into work for a construction comany in Baton Rouge doing a good bit of lifting; I first noticed he did that because he had a construction shirt on and his tools were in the back of his truck. Thing about it though, I was leaving on a plane in less than 8 hours when that happened to go to Washington state to start the long drive back to Louisiana when my brother got out of the Navy, I was in a bit of pain on the plane as was Colby when he went to work.

    When Colby got served a few weeks later, he called me and I called a cousin who is a Police Officer and he said he passed a construction area where he saw the Chinaman's Tacoma and the Chinaman doing very labor intensive work a few days later when the Chinaman said he was lying in pain in bed at his home.

    When the insurance companies called and lawyers called, my story was exactly the same as it was the night of the wreck and so was Colby's and the girl from LSU. The Chinaman's stories, yes with an ies have so much variation that I don't see how they are still fighting this.



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  10. #170

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    Just another reason to learn to read in English .
    Farmers tried to hire me as an agent. I reminded them that they shafted me on my '61 Pontiac gran prix.
    They said that was long ago. I said" And have you seen a check from me since?" I think they finally understood that they were wasting their time.
    2010 Chevy Silverado Z71 ext cab.4x4
    72 Monte Carlo 350-415 hp- sold (June 2011) to pay medical bills
    79 Impala 350 4bbl 375 hp- sold (June 2011)to pay medical bills
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