90 YO driver backed in to me

[einzlr]

Originally Posted by No Quarter

Of course, at the time I was trying to get into reverse, there was no consideration as to if there was anyone behind me. There wasn't, but how ironic would have it been if I had got into reverse and then backed into someone behind me?

lol :P

[Turbowned]

Hey, at least he didn't back into your house or through your storefront - those seem to be the only stories I see on the news lately.

Elderly drivers are terrifying... There should absolutely be re-testing required for everyone every so many years. It wouldn't hurt if they actually made the driver's test a challenge in the first place

[quik1987]

Originally Posted by Want.FR-S

You are young so you can say this. Remember this statement when you are 75 and think again. Do you want your driving privilege taken away because you are old?

If I'm a danger to those on the road sure. Don't mind being chauffeured at 80. I'll be lucky if I can wipe my own ass at that age.

[whaap]

Originally Posted by quik1987

If I'm a danger to those on the road sure. Don't mind being chauffeured at 80. I'll be lucky if I can wipe my own ass at that age.

LOL. I guess since I'm only two years away I should consider myself among the lucky!!

[EN2_Squirrel]

I have 86fest 3 days from now and just found out via picture from a friend today that my car was damaged. Not to mention I am stuck at work (duty).

[Rampage]

Originally Posted by whaap

I retired after 25 years of handling automobile insurance claims and I will try to explain something to you and I hope you will understand.

When a person takes out an insurance policy he is paying money for protection in the event he should become liable for an amount of money because of his negligence. The policy is his to use if and when he wants to use it. The insurance company has an obligation to only one person and that is their policy holder. If he doesn't want to make use of his policy that's his business. Think if I was to make up a fictitious police report and go to your insurance company, claim you backed into me and they gave me a check and raised your rates! You'd really be pissed at insurance companies then wouldn't you?

The simple way to handle this is to not get bent out of shape. Go to your own company. Pay your deductible and let them handle the matter. They will turn around and subrogate against the other guy and his company for the amount of money they're out and also for your deductible. From your companies point of view the claim should not be a bad mark on your policy. It would be considered a non chargeable loss and should have no impact on your insurance rates. Double check with your agent and he will ease your mind.

I agree with this assessment with one exception. Do not expect to get your deductible back! I have had two accidents that were not my fault in my 40 years of driving. In both cases I paid the deductible with promises from the company that when the claim was resolved with the other insurance company that I would be reimbursed. In both cases in never happened despite me calling on a monthly basis for two years each time. Good luck to you.

[whaap]

Originally Posted by Rampage

I agree with this assessment with one exception. Do not expect to get your deductible back! I have had two accidents that were not my fault in my 40 years of driving. In both cases I paid the deductible with promises from the company that when the claim was resolved with the other insurance company that I would be reimbursed. In both cases in never happened despite me calling on a monthly basis for two years each time. Good luck to you.

I'm only guessing here but what probably happened is the two insurance companies could not agree. In that case they submit their files to an arbitration committee for their review and decision. The insurance companies are bound to accept the decision of the arbitration committee and their decision is final. Again, I'm guessing in both your cases the facts weren't cut and dried.

If they simply dropped the ball that's another story entirely.

[DSPographer]

Originally Posted by whaap

I retired after 25 years of handling automobile insurance claims and I will try to explain something to you and I hope you will understand.

When a person takes out an insurance policy he is paying money for protection in the event he should become liable for an amount of money because of his negligence. The policy is his to use if and when he wants to use it. The insurance company has an obligation to only one person and that is their policy holder. If he doesn't want to make use of his policy that's his business. Think if I was to make up a fictitious police report and go to your insurance company, claim you backed into me and they gave me a check and raised your rates! You'd really be pissed at insurance companies then wouldn't you?

The simple way to handle this is to not get bent out of shape. Go to your own company. Pay your deductible and let them handle the matter. They will turn around and subrogate against the other guy and his company for the amount of money they're out and also for your deductible. From your companies point of view the claim should not be a bad mark on your policy. It would be considered a non chargeable loss and should have no impact on your insurance rates. Double check with your agent and he will ease your mind.

What about when you are driving an old car or motorcycle with only liability insurance? Will calling your own liability insurance company help?

While riding his motorcycle, my (then 80 year old) father got hit by a girl pulling onto the road. Her insurance jerked him around about paying the full value of his bike and any uncovered medical expenses. He ended up having to get a lawyer, and because there was a painful injury involved, the lawyer got them to pay several times what my dad originally asked for plus legal fees.

One thing that makes a difference in Connecticut is if one driver is ticketed by the police for causing the accident. In my dad's case above the girl was given a ticket.

[whaap]

Originally Posted by DSPographer

What about when you are driving an old car or motorcycle with only liability insurance? Will calling your own liability insurance company help?

While riding his motorcycle, my (then 80 year old) father got hit by a girl pulling onto the road. Her insurance jerked him around about paying the full cost of his bike and any uncovered medical expenses. He ended up having to get a lawyer, and because there was a painful injury involved, the lawyer got them to pay several times what my dad originally asked for plus legal fees.

Technically you should call them and put them on notice so they don't get blind sided in the future. However, if you don't have collision coverage your only option is to eat it or collect from some one else.

That doesn't surprise me. I've also seen it go the other way. I've seen people get less because of the attorney they retained than they would have gotten if they hadn't retained the attorney. Sounds crazy I know but unless you have a really close attorney that you know well, it's an accepted fact that the insurance companies know the attornies better than you do.

[Rampage]

Originally Posted by whaap

I'm only guessing here but what probably happened is the two insurance companies could not agree. In that case they submit their files to an arbitration committee for their review and decision. The insurance companies are bound to accept the decision of the arbitration committee and their decision is final. Again, I'm guessing in both your cases the facts weren't cut and dried.

If they simply dropped the ball that's another story entirely.

Both cases the other driver was cited. Facts were irrefutable. Simple matter of a company reducing expenses by not doing what it was supposed to do. In both cases after two years, I moved on to a new company. I could have forced it with a lawyer but then he/she would have gotten all the money anyway.

[MmmHamSandwich]

Originally Posted by ichitaka05

old man gave him $15,000 check (& no, I'm not joking here. I have seen that check) for a repair, if he didn't call the cop.

And this is why I carry around a fake check book. You wouldn't believe the insurance savings!

(Legal: Not really)

[whaap]

Originally Posted by Rampage

Both cases the other driver was cited. Facts were irrefutable. Simple matter of a company reducing expenses by not doing what it was supposed to do. In both cases after two years, I moved on to a new company. I could have forced it with a lawyer but then he/she would have gotten all the money anyway.

It's probably too late now but in the future any time you feel your insurance company is not living up to what its obligations should be, contact your states Insurance Commissioner. Each state has one and the insurance industry operates in that state under the guidance and control of that office. It is no expense to you as you already pay them with your tax dollars and it only works when you're having a problem with your own insurance company, not if you're having a problem with someone else's company. One of the last things an Insurance company wants is to get an Insurance Commission complaint. The commissioners office gives them a limited number of days to answer directly to him and explain why they have taken the position they have. If his office thinks they're doing wrong they will be corrected. Believe me it works. The insurance companies need the cooperation of the commissioners office and will do what ever is needed. It was usually a laugh when a policy holder would threaten to get a lawyer. It wasn't a laughing matter when they threatened to call the insurance commissioner.

[Gen]

Originally Posted by quik1987

If I'm a danger to those on the road sure. Don't mind being chauffeured at 80. I'll be lucky if I can wipe my own ass at that age.

This would probably be instituted except for the fact that the older population basically calls the shots in elections. If you ever threaten to touch medicare, SS, or driving privileges, you will never, ever get elected. So we'll continue on as always.

[FR-S/GT-86]

Originally Posted by whaap

I retired after 25 years of handling automobile insurance claims and I will try to explain something to you and I hope you will understand.

When a person takes out an insurance policy he is paying money for protection in the event he should become liable for an amount of money because of his negligence. The policy is his to use if and when he wants to use it. The insurance company has an obligation to only one person and that is their policy holder. If he doesn't want to make use of his policy that's his business. Think if I was to make up a fictitious police report and go to your insurance company, claim you backed into me and they gave me a check and raised your rates! You'd really be pissed at insurance companies then wouldn't you?

The simple way to handle this is to not get bent out of shape. Go to your own company. Pay your deductible and let them handle the matter. They will turn around and subrogate against the other guy and his company for the amount of money they're out and also for your deductible. From your companies point of view the claim should not be a bad mark on your policy. It would be considered a non chargeable loss and should have no impact on your insurance rates. Double check with your agent and he will ease your mind.

I know this is what insurance guys always say, but this isn't how it works in the real world. I was rear-ended in Chicago at a busy intersection by a guy in 2005 when my Mini Cooper was brand new. I was sitting at a light, and when the light turned green (I was about the 8th car in line) he just accelerated into the back of me. I think I had owned it for MAYBE 3 weeks. The young man that rear ended me spoke broken English, had only been in the country (from Nigeria) for 5 weeks, and when he hit me it was his 5th (yes, FIFTH) moving violation in 5 weeks. He, luckily, had an insurance card.

I reported it to my insurance, went through with all of the repairs ($4600), paid my deductible, and waited. And waited. And waited. So, now it's the end of 2012 (7 years later) and his company is STILL fighting with State Farm about it. They have not paid a dime of the repair costs yet, nor my deductible. Their argument? He was only insured for about a month, and had not even made a payment yet, so they don't feel that they should be liable.

7 years.

So, text book or not, this isn't how it always works in the real world.