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Posted by Doc Dave on Sunday, February 22, 2009 at 07:31:14 :
In Reply to: Re: Another Hmmmmm Hey Look posted by Kevin in Ohio on Saturday, February 21, 2009 at 20:28:02 :
Here is another loophole, "a get out of jail free card", for people (and their insurance companies) to weasel out of paying for damage.
My son was stopped at a light. A guy rear ended him. My son does not remember any other collisions or strange skidding or anything. You would think that the other guy was liable for damages. NO---- he claimed that another car cut him off, causing him to swerve and thus hit my son. He also said the other driver slightly sideswiped him. I replied, O.K. where are the witnesses? How can you prove the minor damage on your car just happened? There were no witnesses and he could prove nothing, but his insurance company (Allstate) said "no pay". My insurance company said that with that scenerio he is not liable, by rule they have to just accept his word.
This almost exact scenario also happened to a friend of mine; the person that hit her "got off" without their insurance company paying a dime because the other drive claimed they hit my friend to "avoid" another car.
A heads up to everyone here. If you are in an accident, even a small fender bender, try and get a witnesses address and phone number. You never know.