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  1. #1
    Join Date
    Mar 2005
    Location
    San Diego
    Posts
    2

    Default 17 year old in an accident and dosen't know what to do

    ops:
    I recently got in a crash with another car. I was coming to a stop sign, so I stoped and then put on my left turn signal and then I proceded to look both ways and then finally the last truck I saw was making a turn so I maid a left turn onto the street, so I look one more time and I started to proceed but then my sister in the car said that was anoter car coming and buy that point it was too late and we hit each other, the only reason I didn't see her was because of the HUGE truck turning onto my street. I got out of the car and went to the ladys car, someother guy came to me and said he was an off duty paramedic and asked me to hold her neck in place so she dosen't move it, so I did. Then the cops came and the paramedics came and took her to the hospital and then I was talking with the sheriff and he asked me all my information and I gave it too him. 3 days later she calls my house and talks to my Mom, saying she's a little bruised up, but she's ok. She also said that she want's a new car because I totaled her's, but I didn't. Her car started and worked for the tow truck driver, her air bags did deploy, but the worst damage was the right front bumper was cracked and her right headlight was poped out of place. The only thing I don't get is that I didn't total her car and she says I did, that's wrong, in my book. My car was more damaged then her's was. We both were insured but my Mom only has liability, so it pays for her property damage and medical bills, if I understand the policy right. Now I am 17 years old and live in San Diego,CA. I have a valid drivers license, valid insurance, and valid everything else. My question is if her insurance company says her car is totaled, what should I do, go to court and fight it or what do I do. I'm really kind of scared, I mean I'm only 17 and then my car is more banged up then her's and other stuff. I did say I was sorry and I did say it was kind of my fault, but she's claiming the there was no truck making a turn or blocking my site right before I turned, she's saying I didn't even look where I was going, and that's a lie. I think she's trying to get all she can from me and my insurance compnay. So if you could tell me what I should tell her and what I shouldn't tell her. You know the do's and don'ts.
    I would really apperciate some help on this matter as soon as possable, thank you for your replys. David

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Totaled car

    If the other driver's insurance company claims the car is totaled, and your insurance company agrees and pays the claim, what would you dispute? You (or your mother) would pay the deductible, and the insurance company would presumably pay the balance of the claim.

    Your insurance company is unlikely to accept a claim that the car was totaled unless it agrees with that assessment. There could be a problem resulting from the crash, such as a bent frame or cracked engine block, which you did not detect, or the aggregate cost of repair could exceed the replacement value.

  3. #3
    Join Date
    Mar 2005
    Location
    San Diego
    Posts
    2

    Default 17 year old in an accident and dosen't know what to do

    Her insurance company didn't claim it was totaled, she did when she called my house to talk to me, but she talked to my Mom instead. Her insurance company want me to call them so they can take a recored event of what happened and how. I was wondering if I do call what should I try to avoid saying so it can help me out in the longrun. Like if she asks who at fault, could I say I don't know that intill the police report comes out, or maybe I should just wait to call her insurance comoany intill I do get a copy of the police report. I am just scared that mite sue or my parents, I mean we make decent money, but we can't afford to be sued. If she dose take us to court, how much could she sue us for or should I say, what is the mas she could sue us for. She's not seriously injured, just some bruises, and neck and arm are sore, and that came out of her own mouth. All the people in my car are fine. I want to thank you for your help, I really do appercaite it. Also, if she said to her insurance company that I said out of my own mouth "that the accident was a 100% my fault"
    and I talk to her insurance company and they I did cause it all, but I say it was 50 50 because she could of avoided. Wouldn't it be my word against hers. Again, thankyou for your help I really do apperciate it. David

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Auto Accident & Insurance

    If you claim the accident was her fault, or that you were both equally at fault, and she claims that the accident was your fault, the insurance company will conduct its own investigation and assessment. In most situations, that will be a rather narrow investigation - involving perhaps no more than reviewing the police report, calling witnesses, and trying to speak to the other driver. The insurance company will then make its own assessment of what happened, and assign fault based upon its own internal criteria. Your insurance company and hers could conceivably disagree on the issue of fault.

    The question of being sued is rather speculative, but since you were insured you probably don't have to worry. Lawyers rarely try to seek damages beyond the policy limits, and the insurance company provides the defense, so the cost of a suit is usually a combination of time and the cost of the insurance deductible. If you believe you may be sued, though, you should contact your own insurance company, and let them know that the other driver's insurance company is trying to speak to you. They probably won't want you to speak directly to the other insurance company if litigation may occur.

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