Who's going to pay for the damages?
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Who's going to pay for the damages?
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I need some serious advice. A few months ago, my friends were driving home and as they were going through a stop LIGHT, a driver on the opposite side (I think he was on the left of the driver) came speeding down towards my friends direction. He ran the light and swerved into a telephone phone trying to avoid hitting them. My friend quickly jolted the car to the opposite side to avoid being hit. He was NOT in the accident. he was just getting out of the way. yet the other driver came out of the car shouting that my friend ran the "stop sign". Now, the stop light was actually a stop sign many months prior to that incident. The other driver was still at fault either way you look at it. However, he did not see it that way.
Then the cops came, took a report and left assuring my friend that all is well and everything will be taken care of. My friend called his insurance company the very next day to make sure that the other driver doesn't put out a false claim to the insurance company. He explained everything and the agent assured him that nothing will happen to his policy.
Weeks later, he finds out that the other driver, who was clearly at fault, put out a claim apparently stating that my friend was at fault. The other drivers' insurance company maxed out the money his policy can pay for damages and in turn his insurance company contacted my friends insurance company for the balance and my friends insurance company PAID for the damages. WOW !
Now, I am a certified paralegal. I know the procedures but I need a second opinion. We are in the process of obtaining the information from the report that day and then we can take it from there. But if you've been in a similar situation, your advices is appreciated.
thanks
Additional Details
well. Thank you for your comments. This is actually the full story told from my friend to me. No biased words in here just what happens. Now even the police officer assured my friend that he was not in the wrong but I still feel that something was done incorrectly.
I just wanted to know your opinion. You obviously can't get both sides of the story. I am just hoping that no shaddy business was done on the insurance part. Thats all.
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ejire
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well the insurance people are going to go by the accident report, I will advise your friend to go get a copy of the report before you can take any step. if the report favor him, he could fight back but if not, there is nothing he could do about the insurance. He can just file for amendment to the statement |
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hmitchel
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It's not clear what your question is because if both insurance companies have paid damages, then it is likely there is nothing your friend can do. Insurance companies will not pay damages unless they get a release for the type of damages for which they are paying money. |
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Mutt
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To give an accurate opinion on who is at fault, I would like to hear the other guy's side of the story, and also your friend's side of the story. So far, we only have your side of the story, which is going to be biased toward your friend.
Just based on this, it sounds like the other guy was at fault. Even if it was a stop sign just the day before, he is still responsible for noticing that it has changed to a stop light now.
But, as I said, this is only going by your side of the story, and not the whole complete picture. |
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