Involved in an accident, case ongoing, insurance company contacted me, need help?
back in february i was involved in an accident, at the time i was driving my scooter here in key west, the other driver swung out into traffic and crashed into me throwing me from the scooter, i left the scene of the accident because i was not injured and also i had no license at the time of the crash, stupid i know, as most of you pointed out here they tracked me down and i was charged with leaving the scene with damage not more then 1000, and driving with license suspended with knowledge, the details of my surrender and negotiation with the police are not important, suffice to say there was no jail time involved. This question does not focus on the legal issues i am dealing with (they are still in court) but rather just yesterday Progressive insurance (who insured the other driver) tracked me down FINALLY, and i had a conversation with them. The jist of that convo is that they wanted to know what happened from my end, i told them exactly what took place, they said they wanted to locate and take pics of the scooter, which the police still have today, and more then likely "total" it out and cut me a check for the value (around 700 bucks or so) thus admitting fault??
After that was taken care of the agent informed me that in florida the law is based on "comparitive negligence" which is a fancy way of saying the fault percent is based on the drivers actions involved, he said his claimant is 80% at fault and he says that leaves me with 20% and since the scooter was not insure i am falling under "self insurance". he went on to tell me that the guys BMW SUV had a few nicks and scratches on the hood (he hit me at the bumper, my scooter is not high enough to reach the hood) and that because it was a BMW that the estimates were around 4500, he said once they photographed my scooter and cut me a check someone would contact me to setup a payment plan to pay for the guys BMW (in a crash that was NOT my fault???)
when i told my criminal lawyer this they shook their head, this has been one big headache after another and i dont feel like paying for anyones vehicle, ESPECIALLY someone who HIT ME, so i leave it with the community to help me understand what to do next, im not getting another lawyer for this, do i take the check for the scooter and beat feet, or do i tell them to piss off i dont want their money and im not paying anything, just so everyone knows the police report says that a witness said i was following the vehicle in front of me closely, we had all just left a red light and were in a line of traffic, we hadnt even accelerated yet from the light everyone was fairly close together, and being on a bright yellow scooter with a red seat you would think someone in an SUV (which sits about 6 feet up ) would see a scooter,
so thats all for now, i didnt admit anything on the phone, i said they could take pics of the scooter and they said they would be in touch
- Anonymous8 years agoFavorite Answer
You say you spoke with "my criminal lawyer" and "they shook their head" Did they shake their head "yes", "no" or "too bad, sorry"? Did you hire this lawyer or merely consult with him?
If you have a lawyer, why not ask him for advice. If you don't have a lawyer, then you are on your own but if the other guys insurance found you 20% negligent then because you have no insurance company to protect, defend and represent you that will stand unless you want to fight that decision.
You assume that the other insurance company will "total" your bike and cut you a check for the fair market value. I believe (I'm not positive) that the fair market value check you might receive will be reduced by your share of the fault: 20%. As for the $4500 damage to the BMW, it also seems to me that you will only have to pay him $900. which is your share (20%) of the fault
I fail to see a specific question(s) here but if you want to fight this you are going to have to hire a lawyer. My advice? If I am assuming correctly, I would accept their offer
Edit: Mushu said it better than me... heed her advice
- lucyLv 78 years ago
It sucks, but you will be responsible for 20% of the $4,500 in damages to the BMW, which will be around $900. They got lucky due to the value of your scooter being so low, so they actually made money from this claim.
See, if you had had insurance, then YOUR insurance could have fought this claim. Even if they could say you only had 10% vs 20%, then that is all they would have paid. But, you have no one to fight for you, since no insurance.
As for getting a lawyer, since you were not injured, NO lawyer will take, since they will have to BILL you for their services, and I am guessing you don't have money to pay for a lawyer. IF, you had been injured, then, no problem, they could have tried to lower the fault, since with an injury settlement would increase it and also the lawyers settlement.
You might want to tell them to keep the check for your scooter, so will only owe $150 balance.
I hope you now plan on buying insurance, since most likely you will be forced to get an SR 22?Source(s): former auto adjuster who had handled FL claims.
- MushuLv 78 years ago
So, you were uninsured, unlicensed, and fled the scene of the collision, and you think you have a leg to stand on?
You have no recourse here. Unless you run and get an attorney like you did with the criminal case. Thing is, there isn't an attorney that would touch this because attorneys don't argue liability. That's only up to the insurance companies. And since you don't have one to fight for you, there's little you can do other than taking what they offer and turning it right back over to them to cover your 20%.
Or you could always just run away, like you did at the accident scene. But they caught you then...
- YourinnervoiceLv 78 years ago
Your negligence isn't the only issue. Know your rights and do nothing, sign nothing, without reviewing it with your lawyer. The insurance companies are interested in finalizing claims, and that's what you're getting from them. There isn't too much you can do that I'm aware of,by way of legal ground(like suing the insurance co), but if you are pursued regarding the BMW repairs, then they want their 20% ,of whatever claim, from you, as a result of your liability that was already (supposedly) determined.
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- s and d eLv 78 years ago
the biggest issue is that you were driving illegally. so yeah---you are going to have to pay for the car. obviously (from your previous actions)--it's doubtful you will pay if they win againt you. all that other crap really doesn't matter---you were driving illegally, bottom line