chad l asked:
I am getting a raw deal from Arbella Mutual Ins. after they decided I was 50% at fault for an accident that was clearly thier clients fault (even Arbella’s appraisor said so). I wanted to file a small claims suit instead of go through my insurance company & pay the deductable. But now I wonder if the process and fees are cheaper in the short term to just pay the deductable. Plus I have no idea on how to file a small claims suit (though I will research it). Any ideas?
Go see an attorney if there is a good case he will take it. Rarely will you win against the Insurance Giants- also make sure they pay to have your seat belts reset as they are obligated to by law.
It’s not small claims because your suit would be against Arabella for breaching its duty to handle claims of their insureds in good faith. Consult one of those attorneys that advertises on tv & in print – consultation is free. They can advise you on how to proceed & if you have a valid claim.
I’m sure a police report was filed. If the other party was cited as being in the wrong their insurance company has to pay you. When someone else is in the wrong you dont pay a deductable. Sounds like you are getting a raw deal. Talk to your insurance company and tell them what is going on. See if there is anything they can do to help. If not you need to seek legal council. The next time the insurance company tells you they are only paying for half, tell them they can send all future coorespondances to your attorney. Usually when they hear you have an attorney they are more willing to do better. You should not have to pay a dime if you was in the right and you shouldnt let them screw you. A case like this cannot be done in small claims court. It involves major players and needs a more experienced judge to over see it. good luck!
Absolutely go through your insurance company! Your insurance company has attorneys working on their end of it for you and you need to get them involved. This is how insurance companies make more money – they try to get you to settle and go away. If you have a 50/50 accident on record you will be stuck with higher insurance rates as it will show “at fault” on your record. Why should you take the rap for that when all they want to do is save some money. First of all, request a copy of the written and verbal statement you made to Arbella Mutual, and request a copy of the file. After you obtain this you need to get an attorney. If they do not cooperate with you on the request get an attorney with out it. It just helps to have this when you go talk to one. It does not cost you anything to talk to a lawyer about it and they can tell you if you have a case and can tell you how to go about settling or not in the case and if you are being given a fair deal, if you should win and can probably get you a much better settlement than you would get on your own. Even with paying the fee and the costs to an attorney you will come out much better in the end. I cannot stand insurance companies that try to rip off the public! They are getting richer and richer as the people who pay for inusrance for years get the shaft. Nothing makes me madder! I work for an accident and wrongful death attorney and see this everyday out there. If you need any advice ( I cannot offer you legal advice as I am not an attorney but can give you some direction and input in your case) please do not hesitate to email me.
My instinct says to let your insurance company deal with them because they are an insurance company and they will know the enemy better. They will have their own attorneys and I suspect you’ll come out better that way.
Even if you have to pay a deductable it would be just as expensive or more expensive to hire an attourney, depending on the size of your deductble.
Do you have the written word from the Arbella appraisor? What does the police report say? I would definitely run it past your own insurance company- that’s what you’ve been paying your premiums for.
Good luck.
All i can say is,…same thing here
Some idiot plowed into me and messed up back of my car…and my back
their insurance company pretty much insisted that i go to the hospital for whiplash and said they were going to pay everything, don’t worry about it just go
well, they don’t seem to be paying for it and the stupid hospital will not return my calls even though they claim they call me,..i’ve given everyone information they want repeatedly
i’ve already paid 200$ they sent to a collection place that said they will sue me
now they want another 1,000$
also sending it to collection people
I hate insurance, I hate not having health insurance and i hate hospitals
Let’s see, my back is messed up, my car is messed up and I have to pay bills and be threatened with lawsuits?!?
DO IT
take the bastards to court
do whatever you can
goodluck