Discussion in 'The Coffee Shop ~ Chit Chat' started by ChevyFan, Nov 13, 2007.
That long ago? Seems like just last week. :gasp:
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
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.
so any updates on this?
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. :grrrrrr:
that blows. do you still have the TB? if so, how is it driving?
Wow, sore subject. TB is gone, wrecked it in September. That was one of the best vehicles I've ever owned.
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.
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.
Separate names with a comma.