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Insurance Attorney in the house?

Discussion in 'Ferrari Discussion (not model specific)' started by heritage58, Apr 2, 2004.

  1. heritage58

    heritage58 Rookie

    Apr 2, 2004
    12
    Wilmington, NC
    Full Name:
    Tony Di Bernardo
    #1 heritage58, Apr 2, 2004
    My 78 GTS was damaged, the other driver was issued a ticket for "failure to yield, stop sign." StateFarm, his carrier, states it's his word vs. mine. His car was indamaged. Any hope of collecting or do I go the civil court route? Regards, Tony in NC.
     
  2. twoshort

    twoshort Rookie

    Jan 22, 2004
    10
    #2 twoshort, Apr 2, 2004
    What state is this in?
     
  3. Exoticbro

    Exoticbro Karting

    Nov 1, 2003
    203
    St.Louis, MO
    Full Name:
    Chuck Ligon
    #3 Exoticbro, Apr 2, 2004
    Hello Tony,

    If he received a ticket by the police, wouldn't this validate your word?
    Well, this is typical, insurance companies hate lawyers but they are the reason we have so many.

    Chuck
     
  4. dhs-9

    dhs-9 Formula Junior

    Feb 6, 2004
    292
    #4 dhs-9, Apr 2, 2004
    You have two options. One, you can sue them for your damages but you have to prove it was his fault to recover 100 percent of your damages. If the trier of fact believes you contributed to the accident any fault assigned to you will be dedcuted from your award.

    Second, and the preferable route make a claim with your insuance co. and let them subrogate against State Farm for what they paid you. If your co. gets State Farm to pay you will get your deductable back
     
  5. future328driver

    future328driver Formula 3
    Silver Subscribed

    Dec 10, 2001
    1,764
    Dallas, Texas
    Full Name:
    Ken Thomas
    #5 future328driver, Apr 2, 2004
    I would agree with the subrogation route. If there is a police report and citation on the accident, your insurance company should pay the bill without increase your rates. They will then subrogate the claim to the other driver's company.
     
  6. Bobert

    Bobert Formula Junior

    Jan 17, 2004
    277
    Oak Hill VA
    #6 Bobert, Apr 2, 2004
    Yes...Turn it into your company and let them handle it. if you read the fine print on your policy you will find a clause that states you must report all accidents to your company ...usually within 24 hours of occurance. Subrigation works great and the ticket is proof that it is the other guys fault.
     
  7. Challenge

    Challenge Formula 3

    Sep 27, 2002
    1,530
    PA
    Full Name:
    Kevin
    #7 Challenge, Apr 2, 2004
    Your deductible should not apply. This was the way Allstate handled a similar claim of mine in VA about 6 years ago.
     
  8. heritage58

    heritage58 Rookie

    Apr 2, 2004
    12
    Wilmington, NC
    Full Name:
    Tony Di Bernardo
    #8 heritage58, Apr 2, 2004
     
  9. heritage58

    heritage58 Rookie

    Apr 2, 2004
    12
    Wilmington, NC
    Full Name:
    Tony Di Bernardo
    #9 heritage58, Apr 2, 2004
    Wilmington, NC. Actually an amusing aside to this disaster was that a local radio station announced that a red Ferrari was racing on a major road, heavy afternoon traffic, and got what he had coming to him. Lots of grins and jokes followed. An employee heard it, called me, got the real story and did me a favor by calling the DJ's. Next was a public apology to me. So many people heard it that I'm thinking I could possibly find a witness to the accident. Would this help?
     

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