(I apologize in advance. This is yet another legal/insurance question related to my toppled motorcycle.)
Yesterday I filed a claim with the insurance company of the the driver who damaged my bike back in January. I just got a call from their representative saying that the driver mailed me a check to reimburse my repairs in full this morning (mind you, AFTER I filed my claim).
I don’t want to accept his check. Here’s why:
I don’t trust him, and I want him out of the picture. He has lied and acted in bad faith throughout this whole ordeal. If I opt to only deal with his insurance company, (I think) I’m protected from any crazy countersuit or other nutjob tactics he may try to throw at me.
If he is found liable (a no-brainer, given his signed confession) it’s a black mark on his insurance record and his premiums may go up. This makes me very, very happy.
Assuming that I will get the same amount from the insurance company as him, is there any reason I’d not want to go the insurance route? I realize that the insurance option will take longer, but I’ve got no problem with that.
Don’t do it. By not accepting his check, his insurance will consider your claim as refused payment and you will get nothing. This would also be just cause for dismissal of your claim if you attempted to sue. In fact, his insurance probably already considers your claim as closed and will take no further action.
What if the person only sent stuyguy a payment of like $50, when there was $1000 worth of damage…? I hope you can get more compensation out of a situation than that.
PMFJI… I didn’t catch the beginning of this, and don’t know where the thread started, but I just want to add my thoughts and ask a few questions. I’m not up on accident laws having never owned a car in the US.
racer (well, this can go out to anyone of you with an answer, actually),
isn’t that illegal? It seems to me that it’s a form of buy-off. Also, if stuyguy were to encounter serious problems later on (physical problems, I mean), would he be disqualified for coverage on medical bills or disability leave if he is out sick from work?
Taking the money would leave the case:
“unclaimed” in the insurance company’s eyes, therefore this other man’s premium hikes aren’t recoded (or the point systems used in some states by the cops/Dept. Motor Vehicles goes unreported), and
2)“settled” in the eyes of the law because all damages were taken care of with this payment.
Wouldn’t it be better to go to a lawyer and have a letter drafted stating that this man’s check is a down payment for damages and then file with the insurance company for full compensation? This way SG isn’t refusing payment, but is also not considering the matter closed?
If the legalities of this is too lengthy to post here, you can e-mail your reply
I don’t see why it would be illegal. The damage is the driver’s responsibility.It doesn’t become his insurance company’s responsibility until he asks them to pay for it. It might become a problem if stuyguy were injured, but I think the motorcycle was parked.
Whether I’d want to accept the driver’s check is another story. The accident happens in Jan, he won’t tell you which company insures him and he finally supposedly sends you a check in May, coincidentally the day after you file a claim with his insurance. I don’t trust him. You don’t know if he sent a check, for how much or if it will bounce.
Call your insurance company. They can’t really help you get your money if you don’t have comprhensive coverage, but they can tell you the implications of accepting or refusing this guy’s check.
Mere acceptance of the check has no legal significance on its own beyond you being paid a specific sum. In the absense of a release or accompanying letter indicating that acceptance constitutes a release for all claims related to the accident it means squat. I don’t see how an insurance company settlement provides any better protection from spurious counterclaims. If you really think he would do this then insist on a mutual release.
Personal motivations like wanting him to get screwed by his insurance company aren’t worth more than a few fantasy moments of your time. Take what you are owed and let it be.
It really isn’t up to you whether you wish to settle with his insurer. He has instructed his insurer to ignore the claim and this has ended their involvement. I suppose you could insist that they be the ones to settle but he could simply ignore your request. Then where would you be.
Why do you assume that the insurance company will offer you the same amount of money? Many insurance companies are experts at the art of the “lowball” settlement offer. Let’s suppose that the total repair bill was $600. The insurance company might offer you $400, claiming that that’s all the damage is worth, or on some other excuse. They know you won’t sue them over $200, so you end up getting shortchanged. Insurance companies play these games all day long and they know every possible excuse to get out of paying a claim.
If you’re worried that the guys’ check will bounce, just take it to his branch and present it there (with photo ID).
The possibility of this guy making trouble for you seems remote to me, and in any event, I don’t see how refusing his check will help things.
In any event, I would consider telling the insurance company that you’re not dropping the claim until you actually receive the check and it clears. Oh, and you might mention their agent’s behaviour to them (hehe).
If you want to put a black mark on the guy’s record, why not file charges against him for leaving the scene of an accident? Who knows, maybe that’ll give him some points on his license.
But all in all, you’re probably best off taking the money (assuming that he’s paying you in full) and then forgetting about the whole thing.
(standard disclaimer about legal advice)
P.S. I’m assuming facts here from another related thread.