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 What Would You Do?However, even with two witnesses at the time of the accident who seen the other driver run the red light, this driver is telling his insurance I was NOT at fault. This has led my claim going to "arbitration". I can still drive my vehicle, but it is only because I am using a piece of clothes line to hold up my damaged front bumper! My insurance representative is explaining that Geigo the others insurance company is dragging their feet in contacting the witnesses. Whew! I am considering going to Small Claims court or getting legal help to get this claim settled. I do not want to spend more money I do not have to waste for something that should have been settled months ago, but you know people move and maybe this guy might move as well. Any suggestions, please? |
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If you did NOT get a police report --- well: That's YOUR fault, and it almost becomes a no-fault "you say, he says" issue. You might also want to contact YOUR insurance company about the matter --- they can put some pressure on the at fault insurance company. |
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Though I didn't wait for the police to get an official report, the police explained to me that unless they SEE someone run a red light it's still "he said, she said". There's no putting on "pressure". Something about professional courtesy I think. Looking online at what the state insurance commission can do, they say the same thing about being unable to put a fire under someone's arse. Hate to say ir, but part of the problem could be this other driver is Hispanic . . ., and here in Texas, well. I'm going to start calling for kegal advice. Thanks, Mo-one, for your help. |
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No (legal) fault You need to ask your auto insurance provider to help you fix your car. Questions for ya, ace Why do you consider the other drivers (Hispanic) nationality and/or race to be part of the problem? Is there something going on in Texas "law" that we should know about? |
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@ Mo-one Just a personal feeling here. I am not used to having fellow citizens of America not being able to speak English. I'll admit that in this regard, I am prejudiced. But, also, (please, do not call me ace, okay?) you must take into consideration. I was totally shocked by what happened! I drive a small compact Mitsubishi Lancer hatchback. This other driver was driving about 30 miles an hour when he blew through the intersection after I had already started to drive forward. He was driving a full sized Toyota Tundra. If my brother, in the passenger seat hadn't yelled for me to stop, he would have T-boned me. Talk about no contest! |
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There's no law against not understanding the English language in America, IHS. Do you think there should be? |
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I would contact the ... 1. better business bureau 2. Your attorney general 3. Your insurance commissioner 4. Your department of motor vehicles Then I would write a certified letter to his insurance company and outline the steps that you have taken. I would also say, I am going to my local news station and informing them and I am also contacting an attorney and will be asking for 3 x damages and attorney fees. I would start there |
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@Apatzer Sitting around waiting for whatever while these characters are doing nothing is . . . Asking for disappointment or WORSE. Right now my car really isn't safe to drive. These other agencies that you have mentioned are going to be hearing from me starting tomorrow. Thanks a million! |
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Seems the he-said or you-say is the main issue not resolved. I hope you get this matter corrected soon and your car is repaired to make it safe to drive. |
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I'm thinking these insurance companies have a racket going here. Every month drivers pay them money because "that's the law". I just talked to my co worker here. He told me he also had an accident which went to arbitration. Nothing ever got resolved. I am having a talk with my wife and I think we have made a big mistake getting such a high deductible - which we can't afford! We're paying all this money for a lower premium for what?!! Whew. |
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Best of luck to you |
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We'll probably write some letters and try getting some legal counsel. Intimately, it's in God's hands, we know. Bless you for your time and consideration. |
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Was a police report taken? If so what does it say? If a police report was taken and it states who was at fault, then the insurance company doesn't have a leg to stand on. I would mail them a copy of the report and demand that they fix your vehicle immediately. As it is causing an unfair burden on your family. If they ignore that, try to find a lawyer who will take the case pro bono, and also sue the insurance company |
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Systematic Problem Finding an attorney who would help me pro bono will likely be like finding a perverbial needle. We were in a tight spot financially some time ago, and put up the car title for a loan. This required us getting a full coverage insurance policy. To lower the premium we used a high deductible, and the beat goes on . . . We'll soon have our title back and we can get cheaper insurance as well. This other driver played the system better than we did. It sticks in my craw, but now I'm a little wiser. I hope. |
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Yeah |
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P.S Most lawyers are around 300 per hour, but some are cheaper. |
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Privileged Class . . . It wasn't only THAT, but the fact he apparently had a nice job with the city or county, and then I seen inside his brand new Toyota Tundra with all of this electronic goodies, you know? Hmm, can't speak English but lands a cush job with the city/ county . . . Yet has the brass to stick me! Any lawyer I get will be low income or free. We just made a mistake getting that high deductible trying to save money. Believe he will get what he's got coming. Running red lights usually is a bad habit. |
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Ihs |
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Don't You "Get It"? Maybe? |
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Judgmental? |
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@Zorro Don't know, and really couldn't care less! Do you have any constructive suggestions? |
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Yes Also you said, “Hmm, can't speak English but lands a cush job with the city/ county . . . “ And “I recall how much this guy was in a hurry to exchange our personal information. Also, he said that waiting for the police wasn't necessary because I had the witnesses names and phone numbers. He tried to sound so reassuring.” Did he speak English or not? Do you know he has a cushy county job or not? Sounds like you’re making all kinds of assumptions. Don’t get me wrong... you have a right to be upset, but it seems like you’re upset about his language skills and his job, when you should be upset about him running the red light and dealing with insurance. |
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You Were NOT There Recalling the incident as I related it above, do you recall my mentioning how "shocked" the incident left me? And then you question my integrity by asking; << "I recall how much this guy was in a hurry to exchange our personal information. Also, he said that waiting for the police wasn't necessary because I had the witnesses names and phone numbers. He tried to sound so reassuring.” Did he speak English or not? Do you know he has a cushy county job or not? >> Because I grew up in a Hispanic culture environment I know what people sound like who are not fluent in English. This man was not fluent in English, okay? It was his body language which indicated he was in a hurry, AND because I am experienced in the mannerisms of the Hispanic culture I could understand very well his intentions wanting us to go our separate ways. Think on this for one minute; whether or not he was aware that the light was red when he ran it and hit me. When we both got out of our vehicles to begin assessing what happened, when I got around to accusing him of running the light, he immediately denied it, saying that I ran the light. Quicker than you can say (bad word), a crowd of people there waiting for the bus said loud and clear, "Oh, no! You did!" With that information he likely started saying, "Oh, (bad word). Now what do I do?" The wheels in his head - all in Spanish, of course - started thinking maybe I can get out of here before the cops show up." You should be able to figure out what upset me about your post. If you want to post another opinion maybe ask our moderator. That would be great. Bottom line; because I don't want us to get off on the wrong foot in this Club, would you please delete your post above, and try offering me other suggestions? Or just delete it period? Thanks |
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I wasn’t there I just didn’t understand your statements. My bad. |
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Exchanging Thoughts And Ideas Here is the kind discussion and discourse which will be the pattern for this Club. If I can be so bold. in order for all Club members to better understand what just happened here between Zorroloco and myself I will explain some of the "history" I alluded to in my post above. Zorroloco has a very good reason to ask me about my comments concerning the other driver's heritage. He and I have had disagreement over this "issue" before. So, when I challenged Z_L concerning his post I let him know exactly what issue upset me. Without any reference to any other issue. In response, L_Z acknowledged my points and apologized. The misunderstanding was addressed, and now we're ready to move on. Now I will share with you all a personal note I have been working on before this little clash. As an example for everyone, and as a marker bar for myself and everyone else, I'm going to to offer Zorroloco a chance to be a Club moderator. Because I don't want there to be any doubt about the bar I hope to set for TFTFS I will abide by Z_L fair sense of keeping issues SEPARATE from personal biases. If I will require that from our members I should be able to abide by the same rules. |
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Hmmm 😱 |
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Hmm . . . Starting a new Club was a bit of a risk for me. As you may or may not know some of my ideas were not welcome at the last Club I was a member at. Leaving All of that behind I had to make a fresh start. You say that you are not sure about my assessment above. I've been wrong before. Let's hope that isn't the case here. I'm not going to suggest that you and I will now be in agreement about everything. I'm just hoping you will help me in my blind spots. Can you do that? |
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IHS I would like to share something with you that may or may not be of service to you and others. One thing that I have had to work on with myself throughout the years is, not to take offense (still working on it) I have given this much thought. I no longer get easily offended (concerning things directed to me) that is all part of not letting my ego rule over me. Ego is self and we ought not think highly of ourselves, (more than we should) I have learned that this is the inroads to allowing negativity to take hold. I have a lot to learn. And would like you to remind me when I stray. It is important for us to be accountable to one another, for growth to take place. |
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Hear Hear Thank YOU. These words should be posted to the Club profile page. |
