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  1. #1
    Join Date
    Sep 2013
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    19

    Default Accident Involving Hitting a Parked Vehicle After Sliding on Ice

    My question involves an injury that occurred in the state of: PA

    About 2 months ago, a taxi cab driver slid on ice and struck our vehicle. Our vehicle was parallel parked in front of our driveway. This happened around early morning (4-5 AM). The taxi cab driver who struck our vehicle immediately contacted the police. The taxi cab driver admitted he was at fault. Later went to the police station to pick up the police report in which matched the description of the accident. Called the taxi cab drivers insurance company and was told they were going to investigate the accident. About a week later an appraiser came in to appraise the vehicle damage. Called the taxi cab driver's insurance company after 2 days from appraisal. Straight to voicemail. Left several messages and no response. After a couple weeks, called from a different line and finally got someone on the phone. Was told the insurance company was going to mail us a release to sign so that we can receive our check for the damages to the vehicle. About a month later, no mail and no one picking up the phone. Obviously the insurance company is ignoring us. Since we only have liability coverage on our insurance, it would be difficult for us to file a claim with our insurance company. So what other options are there for us?

  2. #2
    Join Date
    Jan 2013
    Posts
    372

    Default Re: Accident Involving a Parked Vehicle

    Get several estimates for the repair of your car. I think the Small Claims Court limit is $12,000 in your State. Stop phoning, write a letter to the Driver, the Cab Company, and the Insurance Company advising them that you will sue if this matter is not taken care of within 30 days. Save a copy of the letter for your files.

  3. #3
    Join Date
    Sep 2013
    Posts
    19

    Default Re: Accident Involving a Parked Vehicle

    Thanks. I will follow through with that. If no response just sue? Also they will probably bring in their own attorney.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Accident Involving a Parked Vehicle

    and you sue the driver and if a different entity, the cab company. you do not sue the insurance company and yes, they will have an attorney as their insurance company will provide one for them

  5. #5
    Join Date
    Sep 2013
    Posts
    19

    Default Re: Accident Involving a Parked Vehicle

    So we signed this agreement on the 21st. Which reads....

    KNOWN BY ALL MEN BY THESE PRESENTS: That the undersigned, being of lawful age, for the sole consideration of (Amount for damage) ($xxxx) to be paid to/on behalf of (Our Company) do/does hereby and for my/our/its heirs, executors, administrators, successors and assigns, release, acquit and forever discharge (Insurance Company/Taxi Company that hit our vehicle), and all other persons, firms and corporations, whether herein named or referred to or not, of and from any and all past, present and future actions, causes of action, claims, demands, damages, costs, loss of services, expenses, compensation, attorneys’ fees, third party payments, suits at law or equity, including claims or suits for contribution and/or indemnity, including any claims or subrogation, of whatever nature, and all consequential damage on account of, or in any way growing out of any and all known and unknown property damage resulting or to result from an accident that occurred on or about February 14, 2014 in the state of Pennsylvania.

    IT IS UNDERSTOOD AND AGREED that neither this release nor any payments made pursuant hereto is to be taken as an admission of liability on the party of any person in whose favor this Release is given.

    IT IS UNDERSTOOD AND AGREED that this Release discharges and releases any and all parties that are or may be liable in damages for the above described occurrence, including those parties who are known, but not named in this document, and those who are not know. It is the intent of the parties to this Release to discharge all parties and to release all property damage claims arises from the above-described occurrence. It is further acknowledged by all parties to this Release that the above consideration constitutes full compensation for all property damages caused by the above-described occurrence. In accordance with the Pennsylvania Rules of Civil Procedure the parties hereby agree that the payment of settlement funds will made within 60 days of receipt of the fully executed and notarized Release by (Insurance Company).

    Still haven't received funds and called a few days ago. Was told that it will be processed by the 21st. Should I be worried? It's now past 60 days.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Accident Involving a Parked Vehicle

    So, processed BY the 21st. That was Saturday. Call them and ask if they sent out the check.

  7. #7
    Join Date
    Sep 2013
    Posts
    19

    Default Re: Accident Involving a Parked Vehicle

    I did and there response was that they don't know yet.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Accident Involving a Parked Vehicle

    Ok, after that they suggested you call who to find out? Or said call back when?

    Seriously, if it was to be processed by the 21st, give it to the end of the week. If you don't get it, call back. If they don't know, then figure out if you want to go all legal on their butts or you want to wait.

  9. #9
    Join Date
    Sep 2013
    Posts
    19

    Default Re: Accident Involving a Parked Vehicle

    Was told the check was not processed. Seems to me that the Insurance Company will not process. I just have that feeling for some reason. Thanks for your response. I think hiring a lawyer would be a good risk on this one. Or is it a risk to represent myself? I know they will more than likely bring in their legal team.

  10. #10
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Accident Involving a Parked Vehicle

    Quote Quoting johndoe555
    View Post
    Was told the check was not processed. Seems to me that the Insurance Company will not process. I just have that feeling for some reason. Thanks for your response. I think hiring a lawyer would be a good risk on this one. Or is it a risk to represent myself? I know they will more than likely bring in their legal team.
    You signed the release on the 21st.

    Today is the 25th. It's barely gotten in the door at the insurance company. It has to be routed to the claim rep where it's reviewed in the order that it came in. That means there are likely hundreds of documents for hundreds of claims that got in ahead of you. It isn't unheard of that it would take a week or two to get to it. Then a few more days for the check to be issued and mailed, then a few days mail time.

    If all goes well you are looking at maybe getting it by July 10.

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