Post | Login | Join    

once again :: e :: 15
    TAGS:



this is the car, image the so-called point of impact on the car that they are claiming is totalled, for which they are suing me in excess of $15,000 also claiming, among other things, “disfigurement and scarring,” which my insurance company tells me not to worry about; riiiight. 

August 8, 2006 at 6:19 PM ::
'mouse's avatar

I’m with the insurance company on this one.  I’d also send a copy of the picture, police report, if any, and the lawsuit to the local District Attorney to ask them if they’d like to investigate these folks.

'mouse on 08/08/06 at 06:30 PM ::
e's avatar

thank god, i was hoping you were there!  i’m freaking.  can they take everything i own and if so can i come live in your shower?  i’ll never get a job as an art teacher with a conviction, and my house will go and o god o god o god if there’s nothing to worry about, what can they be thinking?????

i’m not going to bother the district attorney, though, thanks.

e on 08/08/06 at 06:34 PM ::
e's avatar

there was no police report.  the sherriff came by to see what the holdup was when she wouldn’t move her car from the bottom of the offramp, where this “incident” took place --stopped at the light at the bottom of the offramp--and didn’t do anything except give us a dual form for us both to fill out, which we did, which was when i took the pictures.  there was no citation or anything.

but i’m not worried, or anything…

e on 08/08/06 at 06:35 PM ::
e's avatar

i’ve never had so much as a parking ticket, even!  i’m truly boring and now i’m toast.

e on 08/08/06 at 06:38 PM ::
'mouse's avatar

You can only live in the shower if you promise not to spill anything there that’d mess up my grout!

The good news (for you) is the insurance companies, which used to cough up $5K to $20K for this stupid shit now have a zero tolerance policy.  Your insurance company will—strangely really—be your friend and your best advocate and everything will be all right.

'mouse on 08/08/06 at 06:40 PM ::
'mouse's avatar

On the other hand, when someone hits you someday (knock on wood) and you’re really hurt and spend $10,000+ on real medical bills and physical therapy to get better, you’ll curse the other person’s insurance company and their evil lawyers to hell and back.  For now, sit back and enjoy the show.

'mouse on 08/08/06 at 06:42 PM ::
e's avatar

no, i won’t have any pigment, they will have taken that with the house.

the insurance lady is very nice and warned me about this a couple of months ago, so i wouldn’t freak out when i got it, or i’d really be insane, REALLY, i’d be dead by now.  (I just got this half an hour ago, and where do i go first?  where else, ‘mouse:)

isn’t there a possibility is that the insurance company will continue to say no and so they will come after me instead?  that’s what this disfigurement thing seems to be, in excess of our standard personal injury amounts, which i think is about $15,000.  not that i have anything, they won’t get anything from me, but they could force me into bankruptcy, i suppose.  is that how it works?  why would they want ot do that?

e on 08/08/06 at 06:47 PM ::
e's avatar

but i didn’t hit anybody!  i stopped before hitting her when she threw on her brakes as the light turned green and i hadn’t even put my foot on the gas and so just barely touched, so barely that there was not a mark on the car, at <3 mph!

e on 08/08/06 at 06:49 PM ::
'mouse's avatar

e, has anyone told you you’re cute when you’re frantic?  [ducking]

The simple answer to all your worries is, “no.” No.  No.  No.

I’ll see if I can spell it out without undue words (all this subject to minor local variations, so confirm it with local counsel in your state):
1) They sue you—legally, they must name you, not your insurance co.
2) You turn the case over to insurance, who must defend you and provide “your” lawyer.
3) The insurance co. either negotiates a settlement with them right away (rare nowadays, esp. since you have those great pics) or insuranceco will get their medical records, pictures of the car, etc. 
4) If they smashed the car backward several times into a brick wall or tree (some people try this), they’re, what’s the legal term… screwed, based on your pics.
5) If they didn’t, they’ve got some serious ‘splainin’ to do to the insuranceco who will take their deposition, review medical records and even send ‘em to the insuranco’s own expert doctor.
6) Insuranceco will prepare for a trial, potentially including accident reconstruction experts and medical experts, etc. if they’re really grumpy at these folks.
7) At trial they’d have to prove to a jury of your peers that damages are $XXX, and in excess of insurance limits before they can approach you for even one penny.

It’s insuranceco’s job to make this case go away for less than policy limits.  Therefore, if there’s any real danger to you, you will hear about it and the insurance company will be jumping to hand over money.

It’ll be sad if the insurance co. gives them even a dollar in go-away money, but practically, they may choose to do so instead of dealing with the cost of a trial.  However, if they do, it won’t affect you since it’ll mean the case is settled well below your policy limits.  In CA, nowadays, barring some strange event like a miscarriage directly and provabley triggered by the accident, the insurance co’s probably would not pay a penny over the $700 bumper replacement cost, if even that, given your pics.

If your insurance co tells you to worry, then worry a little.  Until then, this is nothing more than a joke and a funny story to tell people about the time the scammers tried to sue you for “scarring” when you couldn’t even find a scar on their bumper.

'mouse on 08/08/06 at 07:17 PM ::
e's avatar

oh god, ‘mouse, what would I do without you!

i got the pigment off the grout. (that’s where i was when served, actually, and i just finished up the job in this interim.) Fantastick.  no, really, Fantastick took it up.  so i’ll keep your shower in reserves anyway, thanks.  but i won’t worry.

and i figure, anyway, what’s one more apocalyptic worry? i mean, who’s counting?

e on 08/08/06 at 07:42 PM ::

you still there?  my insurance company just called me and wanted to know if I was onboard for fighting this ridiculously bogus thing.  “yes,” she squeaked timorously....

e on 08/11/06 at 09:37 AM ::
grudknows's avatar

“Heh. sherrif!”, muttered the crazy Australian shelia (because, in Australia, Sherrif’s are only fictional characters in American TV shows), then, realising that wasn’t the point frowned and pulled out her vodoo doll from amongst the clutter in the junk draw and adorned it with the pictures of the car - and with her brow furrowed in determined concentration, stabbed ruthlessly into the doll crying out curses at those who’d put her adored scriner friend in such a tizz.

grudknows on 09/11/06 at 11:47 PM ::
Keith's avatar

Side Note:  Is leaving hair on the soap cause for shower eviction?  Just checking.  I may be in the market for a new place, myself.

It sounds to me like this will all work out just fine for you, e.

Keith on 09/12/06 at 07:53 AM ::
grudknows's avatar

Scrine: a place to give in to whim, play, purge, dance (if you think your can), find the finest jam in the world, learn the secrets of mangoes and… get legal advice.

grudknows on 11/30/07 at 12:15 PM ::
e's avatar

no, the legal advice didn’t work out, but the psychiatric value was immense. kept me sane.  in the end they got ten grand out of my insurance company.  for nothing.

e on 11/30/07 at 03:50 PM ::

Name:

Email:

Location:

URL:

Remember my personal information     (Non-member comments will be held for moderation.)

Notify me of follow-up comments?

Submit the word you see below: