Hit by out of state trucker. Won't cooperate. Any help?
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Hit by out of state trucker. Won't cooperate. Any help?
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I was hit by an out of state truck driver. I have my health insurance and the hospital on my back to pay the bills. The trucking firm that owns the rig won't even return my phone calls now. All I need is their insurance company name or number. On their website they quote how honest and how much integrity they have. See www.premotrucking.com (?it is their advertising website in the public domain.) And I talked to Ken and he told me he would get me the info I need ... Now he just ignores me. If there are any honest people in Michigan I haven't met them yet. Sorry. Any help would be appreciated. My neck still cracks and pops but nothing is broken so I don't have a huge claim. Additional Details I do not drive without insurance. Somehow my ins. co. won't get involved unless I pay my deductible, otherwise they are "legally bound", so what do I pay ins. for in the first place?
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Infinity606
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Ok, a few key things here...it sounds like you are saying the accident happened in Michigan. If that's the case, Michigan is a no-fault state which means even if the other vehicle was COMPLETELY at-fault, you still have to go through own carrier and the best you can hope to recover is your deductible.
If the loss happened in another state, start with sending the trucking company a letter. This will have your complaints confirmed in writing and date-stamped. So, the longer they delay, the worse it looks on them. However, it is important to stay rational. The more you scream in a letter, the less it helps your credibility. If you still get no response, threaten to go the Better Business Bureau and then the local Insurance Commission as well. (Although, the trucker's insurance company info should be on the police report.)
Now, regarding your own insurance, it sounds like you are confused on how your policy works. No worries, you aren't the only one. Your deductible works as a self-insurance policy up to that dollar amount to help keep your premiums low and have you handle all losses that are that amount under out of their hands as a result. The "legally bound" I believe you are referring to has to do with their right of subrogation. Unless you make a claim with them and allow them to pay for your loss, they have no right of subrogation on your behalf against the other party. Basically, this means the law does not allow them to pursue the other party without financially putting themselves in your situation. Otherwise, the government doesn't recognize them as a party to the loss because what would stop them for just taking the money and running (not that reputable insurance companies would do such a thing).
Trust me, with the situation you are going through, it would be smarter for you to go through own insurance company, dole out that deductible and let them handle it from there so you are in the clear and keep yourself from hitting any statute of limitations or anything else that would keep you from collecting what you are owed. Otherwise, if you don't use your insurance, what are you paying that money for, after all ? (as you asked?) If necessary, your insurance company will sue that company for you and on your behalf and they will also seek to collect your deductible and reimburse that to you as well. I hope you take my advice and good luck to you! |
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G.V.
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Let your car insurance company handle it. |
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Scott H
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Of course you have to pay your deductible in order for your insurance to pay. It's not "somehow", that's how it works. Do that to get the hospital off your back and then sue the trucking company to recover the damages. |
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Ron K
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Seems like your insurance should be going after them...hope the accident was reported to the police...may have to get a lawyer. |
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Fred C
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Pay your deductible, as agreed to in your own insurance policy, and get your insurance to process the claim. Once you have them processing the claim, they subrogate against the company, and their insurance. You get your deductible back if and when they collect. |
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Ohno
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Call your state's Insurance Commissioner, then call your state's Attorney General.
The trucking firm just hopes to wait you out, and so does your insurance company.
Call in the big boys to help, and make both companies shake in their boots.
good luck. |
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S Z
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It sounds like you were driving without insurance, otherwise your insurance would handle everything. |
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David L
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Get a lawyer & sue their tails off.
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Se7en Sins
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Call Edgar Schneider |
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