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Just got car totalled by a 36 wheel semi. How do I get the truck company to pay up?
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Just got car totalled by a 36 wheel semi. How do I get the truck company to pay up?

I was uninsured but cant even get the name of their insurer, my car and trailer and contents are totalled, but they stall and mess me around on the phone. I'm in Australia but I guess this kind of run around is universal. Why the big stall? Do they think I will go away? I am not at fault so is a lawyer the only option?


    




mybuttstinks2001
Rating
In California, no insurance, no recovery. It sounds like you need an attorney!


Zach
Rating
I would get an lawyer to help you out, but there's going to be a huge amount of time that you're going to have to wait, and you'll probably have to go to court to get a legal settlement.

We were hit by an uninsured driver and ended up totaling our truck, and we still haven't received anything, and the accident was over 2 years ago. We're supposed to go to court to see if we can get a settlement from our insurance company to pay for our bills (new truck, medical, etc) next month.


Rawbert
Get a lawyer. The insurance stalls in hopes that you will give up and take whatever they offer. If they stall you for two years, they figure that you will be desperate and take anything.


oklatom
You notify your insurance agent, who then does the work for you and gets you compensated for your loss. Oh, that's right, you don't have insurance. And without insurance, you should not have been there in the first place, which means the accident would not have happened. Sure, go waste money on a lawyer if you'd like. Since you were not supposed to be there, how do you figure you were not at fault?

Insurance, at least third party, is required to drive in Australia.


DB
Rating
Trucking companies cringe when this happens. They know they will have to pay, but they usually don't react until a legal action is your only choice. If you're willing to settle for less than about $10k, then you could go it alone. Your own insurance should pony up the funds though. They typically will settle with you and then go after the trucking company.
If you choose a personal injury lawyer, Sam Bernstein is the one on TV here where I live. Unless you know a lawyer personally, you should call Sam. Usually, the trucking company won't want to talk to you. Keep in mind that after two years from the date of the accident you can't file a claim. So don't wait too long. The lawyers know all the ins and outs, that's their business, so they know all of the tricks and loopholes to watchout for.


nikipoo
Rating
get a lawyer an also let your ins. co know they can help. In the us your ins. co would pay all but the deductible an go after the co who was at fault when they collect you will get your decidable back good luck


mbrcatz
They don't HAVE to tell you. It's private information. I'm not sure what the laws are on the other side of the pond, but it's highly possible that yes, they ARE hoping you just go away, to avoid any possible penalties for being uninsured.

They ALSO could be contesting fault. In which case, they might sue YOU for damages, depending on what happened.

In ANY case, you're probably going to end up having to sue them for damages, so that fault can be established in court.


UCANTCME
Rating
G E T A L A W Y E R.





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