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Old 02-17-2005, 08:51 AM
doug294 doug294 is offline
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Thumbs up Filing a law suit.

Well I finally got fed up and decided to file a lawsuit against the girl that hit me last March. We were coming from one of the local performance stores and pulled into the turning lane, then into the first right lane. We began to accelerate and a car started to pass. Well this girl flys by and tries to cut between me and the other car and hits me in the front pass. side.

Well then she runs and I chase her to a gas station. Called cops, she tells cops she did it, wrote on police report she did it, but then tells her insurance she didn't. So after fighting with Allstate for 3 months the say they are denying my claim because she says she didn't do it. Guess we will just have to see what the judge says. I will post a update later.
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Old 02-17-2005, 10:32 AM
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Re: Filing a law suit.

If it was last march, and you were fighting with her insurance for 3 months why are you only filing the lawsuit now?
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Old 02-17-2005, 10:51 AM
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Re: Filing a law suit.

hell yeah dude go for it, take all her money.
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Old 02-17-2005, 10:56 AM
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Re: Filing a law suit.

u gotta stick it the man (or woman) whenever's necessary. people are out for themselves. especially if she tried to run after she hit u...

why did u wait so long to file a suit tho?
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Old 02-17-2005, 01:17 PM
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Re: Filing a law suit.

wait....wait, you said the police where there and you have a report? the company has to go buy the report. if it sayes she did it then what is the prob? before you sue the company tell them you are gonna and see what they say. i have been doing ins for 8 yrs now and i see this shit all the time. get the cops # that went out to the site. something don't sound right. this should have been an open and shut if she said on the police report that she did it.
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Old 02-17-2005, 01:22 PM
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Re: Filing a law suit.

Yeah if she admitted it in the police report and to everyone else but the insurance company, then there shouldn't be a problem. I think you should sue the insurance company too, if anything for being dumb and ignoring the police report .
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Old 02-17-2005, 02:11 PM
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Re: Filing a law suit.

The judge will be happy that you took the time to try to go through the insurance, I think you did the right thing.

Courts don't like when people just start sueing right away.
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Old 02-17-2005, 02:49 PM
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Re: Filing a law suit.

well she probally has some hook up or something(knows the insurance agent "personally" maybe?). remember that insurance companys are ran by people, and people dont always do the right thing.
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Old 02-17-2005, 03:40 PM
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Re: Filing a law suit.

true, but companies have policies and rules to go by - and if they have a rule that says look up the police report they obviously neglected it in this case

i hope you win, and i hope she loses lots of money - i hate people like that
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Old 02-17-2005, 04:20 PM
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Re: Re: Filing a law suit.

Quote:
Originally Posted by Kven
well she probally has some hook up or something(knows the insurance agent "personally" maybe?). remember that insurance companys are ran by people, and people dont always do the right thing.
umm, no. the person that did the policy is not gonna be the same person to do the clam. alstate as outside reps that do the clam. but like i said, tell the company what you are gonna do. it is a hell of a lot cheeper for them to pay you then to go to court.
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Old 02-17-2005, 04:29 PM
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Re: Filing a law suit.

1). Get a copy of the police report as evidence for the court.
2). Get in contact with the cops who took the report to be witnesses.
3). Sue the bitches ass off.

If you can afford to you should try to hire a lawyer who specializes in traffic cases - they know the proper procedures and can file the proper paperwork for you. Then you can sue her for the cost of the lawyer too.
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Old 02-17-2005, 08:27 PM
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take her to court!

I got hit by a girl with no insurance and then she tried to lie to the cops and the judge..so after several months of headaches I finally took her to small claims and took it out of her ass... and i don't even feel bad for it. She was in the wrong. so do what you gotta do.
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Old 02-18-2005, 06:04 PM
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Re: Re: Filing a law suit.

Quote:
Originally Posted by clawhammer
If it was last march, and you were fighting with her insurance for 3 months why are you only filing the lawsuit now?
Well it took a month for us to get in contact with the insurance company. Then she kept trying to call (even though it never shown up on our caller ID) Well after a month and a half they finally decide to get my side of the story. Then it takes 3 weeks for them to get in contact with the girl. So then they decide to send a guy out to do the estimate. Well that takes another 3 weeks before he can get to me. Then after calling and leaving message after message she finally calls me back 3 months later and tells me the girl said she didn't do it so the claim is denied. We sent 3 copies of the police report.

I am suing for $2,300 for the following:
1)Hood
2)Headlight
3)Headlight adjuster clip
4)Pass fender
5)Pass fender support
6)Front bumper
7)Frontbumper filler panel
8)Si lip
9)inner fender
10)corner lense
11)new 17" rim
12)front end alignment

I think thats all. The insurance company also said that if it was anything over $1300 they would total my car. I would like to see them find a mint 91 Civic Si for $1300.
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Old 02-18-2005, 07:10 PM
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Re: Re: Re: Filing a law suit.

Quote:
Originally Posted by doug294

I think thats all. The insurance company also said that if it was anything over $1300 they would total my car. I would like to see them find a mint 91 Civic Si for $1300.
I just recently filed a claim for $1675 because someone hit my CRX in a parking lot, and they paid up right away. There was no talk of totalling the car or anything. I would only rate my car as fair condition. The $1300 is waaaay too low, especially for a car in excellent condition. I guess dealing with big insurance companies helps a lot.
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Old 02-21-2005, 09:32 PM
doug294 doug294 is offline
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UPDATE: Well I went and got another copy of the police report and went to the court house and filed it. I heard it would only cost $35 to file, but it cost me $140 so I really hope I win to get that back also lol.

If I do win the $2300 I will probably buy the following.

1) Delta 272 cam for Y8 aprox $125
2) Set of KYB AGX and coilovers for my 96 Eclipse
3) Turbo kit for my Eclipse also....

Well there went that $2300 plus a little lol
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