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i might need to scream.
i think the guy who hit us is trying to claim it was a "no fault" accident which would mean he would pay nothing for destroying my mom's car
see, my mom's insurance co called and asked my mom if she was filing a claim which makes no sense if he's taking responsibility for the accident.
sighs ...
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Comments
Are there any cameras in the
Are there any cameras in the area where the accident occurred, or did you happen to get the names of any witnesses. unfortunately the cops seem willing to go with that claim. my mom had her neighbor back into her car when she was in the street about to leave and the cops wanted to call it no fault.Try to find as much corroborating evidence as you can and good luck.
First, File A Claim
If you don't you'll lose by default. Second, if there were two of you in your car and he was alone you have one more witness than he does. Detail the damage done to your car and send an estimate to the insurer. Whatever you do it will probably take many months to settle.
Don't just scream....do something!
Is there
a police report?
Love, Andrea Lena
It depends on state law
If you are in a state which has "no-fault insurance" then your car and injuries are covered by your insurance no matter what the nature of the accident. This was touted as a way to reduce insurance costs by ending costly litigation. In my state you can sue the at fault driver to recover your deductible up to a I believe $400. If the other driver has "no-fault" insurance but the accident occurs in a state with standard insurance then I believe his insurance has to pay.
Another reason to file a claim
If she files a claim with her insurance company, they'll pay to get her car fixed/replaced and then their subrogation unit will fight with his insurance company over which one is actually responsible for the cost. That's true in the States, anyway. I expect that Canada is the same. If her insurance company then recovers their expenses from his, they will refund the deductible. Either way, your mom gets her car fixed/replaced without having to fight HIS insurance company for it. Let her insurance company do the fighting. That's what they're for.
You pay your insurance, let them earn it.
Do exactly as LittleOne recommends. With your claim enclose photos not only of the damage to the car but also the road and surrounding area. Sketch it with some measurements, so that you can demonstrate that the other driver was at fault because of carelessness or not paying attention.The more you help your insurance company, the more they can and will help you.
Don't scream Challenge no fault
Challenge it with all the evidence you can get. "no fault" looks nice but is a scam by the insurers". In UK the police view is that vehicle "accidents" don't happen only "collisions"with blame attached . Insurance companies also take that view when calculating the premium for your next year's insurance so a no fault will probably show on your record even if there was cost to them. Remember insurance companies are not charities but exist to make a profit for their shareholders so if it costs them someone pays!