It Happened Again!!!

[JCtx]

Originally Posted by KIS

if he does not report it, or make himself available to his company's adjustor. You are screwed.

Car insurance wouldn't exist if that was the case. He might screw himself out of coverage on HIS vehicle, but if he caused any damage, he's liable, and therefore his insurance company, if covered. Uninsured motorist (if purchased) would cover the victim, but insurance company would go after the other in no time.

Only instance YOU might be screwed is if there were no witnesses, you didn't write down his license plate, and you don't have uninsured motorist coverage. In a place like TX, you'd be pretty stupid not to have the latter. Enough said.

[KIS]

Originally Posted by elp_jc

Car insurance wouldn't exist if that was the case. He might screw himself out of coverage on HIS vehicle, but if he caused any damage, he's liable, and therefore his insurance company, if covered. Uninsured motorist (if purchased) would cover the victim, but insurance company would go after the other in no time.

Only instance YOU might be screwed is if there were no witnesses, you didn't write down his license plate, and you don't have uninsured motorist coverage. In a place like TX, you'd be pretty stupid not to have the latter. Enough said.

I respectfully disagree. I'm not making this stuff up. His insurance company is liable if he follows the rules of his coverage, as set forth by the State of Texas. His insurance company is not liable if he does not cooperate with them. If he takes that route, then he is open to civil liability, but if he has nothing to lose, you have nothing to gain by suing him. I realize you want to believe it doesn't work this way, but it does. Now I will recover under my insurance, but that is not the issue. What is so difficult to understand? Since you're obviously more knowledgeable than the good people that work at the state board for insurance for Texas, I would appreciate you giving them a call and explaining the law to them. They can be reached at: 800-252-3439. Now, I've said more than enough.

[08E92M3]

You can thank Rick Perry for that!

[menomo]

hahah mother fuckers.

[bubu]

I'm shocked @ how bad the insurance laws are in Texas! I take you on your word that you are an intelligent m3 driving citizen who knows how to pursue his rights without getting stomped on by an insurance company.

I live in a sanctuary state and have been involved in a couple of accidents of this nature with illegal mexican immigrants...my insurance ends up paying under non-insured motorist, or arbitrarily assigns fault (if they had insurance) whether the other party presents their story or not. The adjusters agree to fault, or they end up in arbitration arguing over it. Either way, not my problem. Based on your insurance companies findings they then pursue the other insurance & insured party. My deductible is then set @ either 0 (if uninsured...they cant even pursue a claim against you under ca law) or % based on fault if under 50% (@ 51% fault you pay full deductible). Its not your problem whether they choose to pursue the other party & insurance. You are filing a comprehensive claim with your insurance and you do not pay a deductible if your insurance company rules you were not at fault...and if they say you are at fault when someone rear ended you...get a new carrier. Could it be that you just have a crappy insurance company who is skimping on their responsibilities by taking the easy way and shifting costs on to you?

Slightly off topic advice. Carry maximum's on your policy with a $100 deductible and add a couple of million umbrella policy on top. Its only a few hundred more a year. God help you if you ever rear end one of these people...or just get blamed for an accident you were not even at fault for. Your insurance company works for you, they have to pursue all claims and pay out irregardless of how they are going to settle with the other insurance company. It's not your problem what happens behind the scenes, you just care about what your adjuster states (or arbitrator if it ever goes that far)...at least Ameriprise has done it for me in this manner in the past.

...as for these questionable insurance companies playing loop hole games. They are entirely our fault as a society. We allow them to exist by having looser and looser ethics & moral standards.

[KIS]

Originally Posted by bubu

I'm shocked @ how bad the insurance laws are in Texas! I take you on your word that you are an intelligent m3 driving citizen who knows how to pursue his rights without getting stomped on by an insurance company.

I live in a sanctuary state and have been involved in a couple of accidents of this nature with illegal mexican immigrants...my insurance ends up paying under non-insured motorist, or arbitrarily assigns fault (if they had insurance) whether the other party presents their story or not. The adjusters agree to fault, or they end up in arbitration arguing over it. Either way, not my problem. Based on your insurance companies findings they then pursue the other insurance & insured party. My deductible is then set @ either 0 (if uninsured...they cant even pursue a claim against you under ca law) or % based on fault if under 50% (@ 51% fault you pay full deductible). Its not your problem whether they choose to pursue the other party & insurance. You are filing a comprehensive claim with your insurance and you do not pay a deductible if your insurance company rules you were not at fault...and if they say you are at fault when someone rear ended you...get a new carrier. Could it be that you just have a crappy insurance company who is skimping on their responsibilities by taking the easy way and shifting costs on to you?

Slightly off topic advice. Carry maximum's on your policy with a $100 deductible and add a couple of million umbrella policy on top. Its only a few hundred more a year. God help you if you ever rear end one of these people...or just get blamed for an accident you were not even at fault for. Your insurance company works for you, they have to pursue all claims and pay out irregardless of how they are going to settle with the other insurance company. It's not your problem what happens behind the scenes, you just care about what your adjuster states (or arbitrator if it ever goes that far)...at least Ameriprise has done it for me in this manner in the past.

...as for these questionable insurance companies playing loop hole games. They are entirely our fault as a society. We allow them to exist by having looser and looser ethics & moral standards.

It is unfortunate, but what you say is accurate. I appreciate you giving me the benefit of the doubt that I've done my homework. The only difference in Texas, is even if you are not at fault, you are still liable for your dedcutible. Also, your carrier can not raise your rates based on an accident they paid on that you were not found at fault. My deductible is $1,000 and that I will pay to have my carrier repair my car. As I said in an earlier post, I would have only paid $250 if the asshole had no insurance. Of course, I also have an umbrella policy since I actually have something to lose.

[Joey]

Originally Posted by KIS

It is unfortunate, but what you say is accurate. I appreciate you giving me the benefit of the doubt that I've done my homework. The only difference in Texas, is even if you are not at fault, you are still liable for your dedcutible. Also, your carrier can not raise your rates based on an accident they paid on that you were not found at fault. My deductible is $1,000 and that I will pay to have my carrier repair my car. As I said in an earlier post, I would have only paid $250 if the asshole had no insurance. Of course, I also have an umbrella policy since I actually have something to lose.

Sorry about your loss man, I know its so incredibly frustrating we work so hard and for so long to have the things we enjoy and some illegal with nothing to lose can ruin our day and make things miserable.

We have similar issues here in Florida. I would have done the same thing you are doing, its not worth my time or nerves to get upset and chase his worthless insurance company. You get the feeling right away the first time you speak to the adjuster whether or not it will go smoothly.

They need to revise our handgun laws, it should be legal to open fire on any illegal that backs into any enthusiast owned product

If that were the case, and one backed into me, it would be their last day being illegally breathing!

[KIS]

I picked up my car from Momentum Body shop (Houston) this morning and they did a superb job. Car looks perfect once again. A $1,000 (deductible), 2 weeks, several annoying conversations later, and all is well once again.

Btw, the asshole that hit my car seems to have vanished. I was quite surprised.

[Hix]

He is correct on the insurance stuff for Texas it is really that bad. That is why I have 250 as my deductible also. I was hit in a hit and run drunk driving wreck and took a picture of the guy who hit me and everything... Well the next morning the guy reported his car was stolen and the police said that there was nothing they could do since he was a Mexican national and illegal immigrant to the state of Texas. I paid the 250 and 45 bucks for a box of shells and took a couple of shots at the other vehicles the guy owned. Kinda nice this 'no snitching' stuff dumbas hoodrats have.

[Mr. ///M3 RD]

Glad when I took my trip out west (chicago to LA along Route 66) last year in my then Z4 I only spend a few hours in the state of Texas Hopefully the Insurance laws will change for I like to visit Texas again ...