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Honored Contributor
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Registered: ‎05-23-2010

@Laura14 wrote:

If the woman has liability coverage, everyone will be paid by her insurance company to the limits of her policy.  And hopefully that man has medical insurance to help with his expenses as well.  

 

I have been in this woman's shoes.  By the grace of God, my car rolled down a steep hill  with the emergency brake on and hit nothing.  I still shake a bit even remembering it.  Your life is changing in an instant before your eyes and there is literally nothing you can do to undo it or to make it better.

 

I hope that man recovers swiftly and everyone is able to made whole through the insurance so that all can move on from something no one ever intended to happen that day.  

 

@Moonchilde  So glad you have the ball rolling.  Sounds like you are well on your way to getting your car back.  


 

 

@Laura14 The CHP officer said she has "multiple" insurance. Not sure one can have "double" insurance on a car, but - ?  I'm playing a waiting game right now - waiting for my estimate, the police report, and can't take the car in without the estimate. I'm going to call my ins co tomorrow & attempt to contact the adjuster just to touch base.

 

I don't think the victim is going to recover swiftly; he may not recover from what I know at this point 😔

Life without Mexican food is no life at all
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Registered: ‎03-09-2010

@Moonchilde wrote:

@Isobel Archer wrote:

While I certainly feel for the driver - if, in fact, her car malfunctioned in some way, I do wonder if she will be in jeopardy of a lawsuit from the family of the man who was run over.  Was she totally unable to steer the car?  Why did she get out of the car while it was still running?  If the brakes failed, could she have driven into another car to stop - which is ultimately what happened anyway - but tragically after he was run over.

 

Not blaming her because clearly she panicked, but I'm sure they are questions that will come up if she is sued.


 

 

There are no answers to this until next week when the police report becomes available. It kind of pizzes me off that I'll have to pay for the police report, because - without it I have no info on the driver, nor does my insurance co. Under normal accident circumstances I would get all info from her, but in these injury cases, not possible. So I have to pay $10 to get info that is legally mandatory for me to have - no choice. That doesn't seem legal to me. But the officer would not give me her info. "Wait for the police report."

 

If what I heard at the scene turns out to be stated in the police report, the woman claimed she did not have control of her car, which is why she was screaming for help in the first place. And then apparently from my understanding at this point without the report, she thought her car was in neutral, but it wasn't, it moved/jumped(?) and hit the man coming to help her. And hit him hard - fractured skull, punctured liver, multiple broken bones, hemorrhaging. 

 

As was pointed out earlier in the thread by others, Lexus SUVs have a history of brake and out-of-control issues. I'm sure the woman's insurance co will have that car gone over with a fine-toothed comb looking for evidence it was the car, not her. If it was the car, everyone sues Lexus. If not, yes, everyone sues the driver.


 

 

Yes, that was the point I tried to make the other day. IF it was the Lexus issue, YOU should be able to sue them also.  IF her company sues Lexus, you might want to get a lawyer to recover all you have had to deal with. 

 

I am so sorry for the man who was so badly injured.

 

@Moonchilde

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Registered: ‎05-23-2010

@BabyYoda it would be great if that was possible about the deductible, but my ins co won't even know what her ins co IS before I put the car in for repair, due to having to wait for the police report. My ins co has the report contact info so they'll get it almost as fast as I will. I know I'll be reimbursed, but I suspect I'll have to pay it just because of timing.

Life without Mexican food is no life at all
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Registered: ‎02-20-2017

@Moonchilde, you have to pay for the police report?

 

 

Honored Contributor
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Registered: ‎05-23-2010

Re: Bad Afternoon

[ Edited ]

@Noel7, I will consider getting a lawyer IF there is some issue whereby I'm not going to be reimbursed ASAP because a lawsuit against Lexus goes forward, or her ins co drags its feet for any reason.

 

I'm not going to be out of pocket anything except the deductible - no injuries, no pain & suffering. Since I'm retired I can't claim any inconvenience related to working. My car is actually drivable, thugh I prefer not to. I would only consult a lawyer if it appeared I wasn't going to be getting my deductible back within a month of repair, say. If there are hang-ups. Everything hinges on the police report, bigtime-bigtime - for everyone involved.

Life without Mexican food is no life at all
Honored Contributor
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Registered: ‎03-09-2010

Your deductible is what I was thinking of.  And if your car was somehow totaled, like the mainframe bent, and your insurance didn't give you 100% reimbursement.  It can happen. 

 

@Moonchilde

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Registered: ‎05-23-2010

@Bri36 wrote:

@Moonchilde, you have to pay for the police report?

 

 


 

 

Yes, @Bri36, and I find that highly annoying. I can't have access to the other party's info without paying for it, which doesn't seem legal to me.

 

But I just looked it up on the CHP website, and they are taking the "cost of reproduction" tack, as a hospital medical records dept does, i.e. so much per page to copy for you. So I guess I have to deal with that, as it isn't unrealistic strictly on that basis. But I have no option (not that I would want it in this case) to say just give me the other driver's info, not the whole report. It seems like that should be available free of charge.

Life without Mexican food is no life at all
Honored Contributor
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Registered: ‎05-23-2010

@Noel7 wrote:

Your deductible is what I was thinking of.  And if your car was somehow totaled, like the mainframe bent, and your insurance didn't give you 100% reimbursement.  It can happen. 

 

@Moonchilde


 

 

@Noel7

Oh yes, definitely then. The guy who looked at my car didn't say anything about totaling, but he isn't the money guy. One year old car. Replace both driver's side doors and paint/buff front & rear fenders. Nothing else wrong that can be seen at this point. The car drives fine, no shimmy or pulling. 

Life without Mexican food is no life at all
Respected Contributor
Posts: 3,250
Registered: ‎04-04-2015

I don't know how it works - and you probably are stuck with paying for the report, but couldn't your insurance company get it for you and then get reimbursed by her insurance?

 

It may be a petty expense, but with all the inconvenience you are already experiencing, I don't see why you should have to pay anything - when clearly you are in no way at fault in this accident.

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Registered: ‎02-20-2017

@Moonchilde wrote:

@Bri36 wrote:

@Moonchilde, you have to pay for the police report?

 

 


 

 

Yes, @Bri36, and I find that highly annoying. I can't have access to the other party's info without paying for it, which doesn't seem legal to me.

 

But I just looked it up on the CHP website, and they are taking the "cost of reproduction" tack, as a hospital medical records dept does, i.e. so much per page to copy for you. So I guess I have to deal with that, as it isn't unrealistic strictly on that basis. But I have no option (not that I would want it in this case) to say just give me the other driver's info, not the whole report. It seems like that should be available free of charge.


It should be, considering you're a party to the accident.

 

In Illinois, as soon as the police finish the report, all interested parties get a copy. 

 

Plus, we have to send Illinois Secretary of State an accident report - all parties do.  We need that information to fill that out. 

 

I would think at least your insurance company would give you a copy of the report.