Legal Questions? - Get An Answer Here

[GaSouthSideRevolver]

pretty cheap if you do it yourself. if truly uncontested you can go to the court house and file yourself for around $100, depending on your local courthouse fees

Strong emphasis on the word "Truly" in this statement. Meaning, you and the other party have 100% agreed upon everything yourselves and do not need any legal assistance.

 

[gh1950]

Hey HeavyD I have a question:

Was in a fender bender. Young lady was driving someone else's car. Hit the back of my car on the driver's side left with her passenger side right as she tried to swerve into the other lane but clipped me. Gwinnett Co. found her at fault, ticketed her for "Following too closely" and found me not at fault at all. Her insurance called me and said "She said you came into her lane and that's why she hit you so we're siding with her and we're not paying anything to you". I stated the police report found her at fault and he said "Police reports are not admissible in court". (a) well he's wrong about that, and (b) the police officer's testimony, which is what the report records, is certainly admissible, and more forceful. That's why God created subpoena's. So now I'm confused, why call the police and get a report for insurance if insurance can say we don't care about the police report? This is America, the land of the free, They are free to ignore anything they choose. Do I have a reason to open a claim with my insurance to get her to pay for damage to my truck? That's what they want you to do. It's foolish to do that. What Progressive is counting is that they can stall you long enough that that is what you will do. Or can an insurance company just ignore a police report. Sure, see foregoing. That company is Progressive by the way P.O.S. company.Progressive is playing games with you because it's not their insured. Any advice?

O.K. Pay attention.

First, track down the citation. It will be in the Recorder's Court, Gwinett County. You'll need the name, date of accident. The traffic report should have the citation number. If she has paid the fine without going to court, then that is an admission of guilt (and liability) and trumps the police report. You will probably have to go to the courthouse, but get a copy of the record where she has paid the fine.

Now here's where you can make the price of poker go up. You appear to be reasonably articulate, so send a letter to the young lady, stating 1. the owner's insurance company had refused to pay the claim. 2. she clearly was at fault, 3. you have no choice but to sue her individually, which will be a public record and among other things impact her credit rating, result in garnishment of her wages and 4. because the ins. co. will not pay, she will be personally liable for the damages and court costs, and 4. you recommend that she take this letter to Progressive to protect her rights when you sue. . See because Progressive is not her ins. co. she probably doesn't realize all this has been going on. CC: the letter to Progressive.

Send a similar letter to the owner.

Send the letters certified mail, return receipt requested.

What Progressive is doing is playing a game, where they have your money, and the longer they keep it the better off they. Being as Progressive is the adverse party's ins. co., they have no obligation to deal with you, so they can do about anything they choose. The one thing that can't do is subject their insured (the young lady) to unnecessary litigation because they refuse to pay a routine claim. That's what the letter does, and if they ignore it, a fender bender can get real expensive in a hurry.

 

[GaSouthSideRevolver]

O.K. Pay attention.

First, track down the citation. It will be in the Recorder's Court, Gwinett County. You'll need the name, date of accident. The traffic report should have the citation number. If she has paid the fine without going to court, then that is an admission of guilt (and liability) and trumps the police report. You will probably have to go to the courthouse, but get a copy of the record where she has paid the fine.

Now here's where you can make the price of poker go up. You appear to be reasonably articulate, so send a letter to the young lady, stating 1. the owner's insurance company had refused to pay the claim. 2. she clearly was at fault, 3. you have no choice but to sue her individually, which will be a public record and among other things impact her credit rating, result in garnishment of her wages and 4. because the ins. co. will not pay, she will be personally liable for the damages and court costs, and 4. you recommend that she take this letter to Progressive to protect her rights when you sue. . See because Progressive is not her ins. co. she probably doesn't realize all this has been going on. CC: the letter to Progressive.

Send a similar letter to the owner.

Send the letters certified mail, return receipt requested.

What Progressive is doing is playing a game, where they have your money, and the longer they keep it the better off they. Being as Progressive is the adverse party's ins. co., they have no obligation to deal with you, so they can do about anything they choose. The one thing that can't do is subject their insured (the young lady) to unnecessary litigation because they refuse to pay a routine claim. That's what the letter does, and if they ignore it, a fender bender can get real expensive in a hurry.

Ok so I have a copy of the original report which has the incident#, her name, date, location and all that jazz on it. But you're saying I need to get a copy of the citation and see if she actually paid it without going to court as that would stand as an admission of guilt trumping the police report which would then actually be admissible evidence in court. Wow, didn't think of that. Not too sure the letters would mean anything as she was a 23 year old lying P.O.S. and probably doesn't have anything to lose. But, to the actual vehicle owner and the insurance company that route may prove effective. Thanks. I'm going to swing by Gwinnett County today and look that information up. Thanks gh1950 you did me a solid my friend.

 

[gh1950]

[QUOTE="GaSouthSideRevolver, post: 5123575, member: 52002" Wow, didn't think of that. Not too sure the letters would mean anything as she was a 23 year old lying P.O.S. and probably doesn't have anything to lose. But, to the actual vehicle owner and the insurance company that route may prove effective. Thanks. I'm going to swing by Gwinnett County today and look that information up. Thanks gh1950 you did me a solid my friend.[/QUOTE]

The letter to her doesn't have to mean anything. It's the copy of that letter you send to the insurance company that really means something.

If you file suit, even in small claims court, the ins. co. has to hire a lawyer to defend her. That's the real cost to the ins. co. in cases like this. Usually they will do anything within reason to avoid having to hire a lawyer, Just make sure the copies to the ins. co. are signed for, as they will lie like rugs about getting documents.

 

[the_great_white]

@N Cochran H heavyd @Cobalt 60

do any of you handle estate resolution?

thanks.

 

[georgia357]

Not sure if this belongs here or not but the first page says "contracts" and I'm guessing that buying a car might come under that. Question is, does somebody have any recourse if they bought a year 2000 car that show 80,000 miles on the dash and title but after having lots of problems with it, they ran the VIN and found out that in 2010 the car had 180,000 miles on it. They've had the car about 4 months now and it's been nothing but expense after expense. Thanks in advance.

 

[GaSouthSideRevolver]

[QUOTE="GaSouthSideRevolver, post: 5123575, member: 52002" Wow, didn't think of that. Not too sure the letters would mean anything as she was a 23 year old lying P.O.S. and probably doesn't have anything to lose. But, to the actual vehicle owner and the insurance company that route may prove effective. Thanks. I'm going to swing by Gwinnett County today and look that information up. Thanks gh1950 you did me a solid my friend.

The letter to her doesn't have to mean anything. It's the copy of that letter you send to the insurance company that really means something.

If you file suit, even in small claims court, the ins. co. has to hire a lawyer to defend her. That's the real cost to the ins. co. in cases like this. Usually they will do anything within reason to avoid having to hire a lawyer, Just make sure the copies to the ins. co. are signed for, as they will lie like rugs about getting documents.[/QUOTE]

Great to know. The accident happened a little over a month ago so I'm not sure if her citation or court date would have happened by now but I'll still check for the citation number and see if maybe she decided to pay early and not go to court which would serve the purpose of guilt admission if she paid it. We shall see. Thanks again for the insight.

 

[georgia357]

Not sure if this belongs here or not but the first page says "contracts" and I'm guessing that buying a car might come under that. Question is, does somebody have any recourse if they bought a year 2000 car that show 80,000 miles on the dash and title but after having lots of problems with it, they ran the VIN and found out that in 2010 the car had 180,000 miles on it. They've had the car about 4 months now and it's been nothing but expense after expense. Thanks in advance.

Nobody has anything?

 

[El Jefe 2.0]

O.K. Pay attention.

First, track down the citation. It will be in the Recorder's Court, Gwinett County. You'll need the name, date of accident. The traffic report should have the citation number. If she has paid the fine without going to court, then that is an admission of guilt (and liability) and trumps the police report. You will probably have to go to the courthouse, but get a copy of the record where she has paid the fine.

Now here's where you can make the price of poker go up. You appear to be reasonably articulate, so send a letter to the young lady, stating 1. the owner's insurance company had refused to pay the claim. 2. she clearly was at fault, 3. you have no choice but to sue her individually, which will be a public record and among other things impact her credit rating, result in garnishment of her wages and 4. because the ins. co. will not pay, she will be personally liable for the damages and court costs, and 4. you recommend that she take this letter to Progressive to protect her rights when you sue. . See because Progressive is not her ins. co. she probably doesn't realize all this has been going on. CC: the letter to Progressive.

Send a similar letter to the owner.

Send the letters certified mail, return receipt requested.

What Progressive is doing is playing a game, where they have your money, and the longer they keep it the better off they. Being as Progressive is the adverse party's ins. co., they have no obligation to deal with you, so they can do about anything they choose. The one thing that can't do is subject their insured (the young lady) to unnecessary litigation because they refuse to pay a routine claim. That's what the letter does, and if they ignore it, a fender bender can get real expensive in a hurry.

I am dealing with Progessive insurance when the fault hit me head on, sending me and two year old to the ambulance. Progressive is denying the claim bc the fault couldn't remember what happen ? So I got an attorney to fix this bull**** with progressive.

 

[El Jefe 2.0]

I am dealing with Progessive insurance when the fault hit me head on, sending me and two year old to the ambulance. Progressive is denying the claim bc the fault couldn't remember what happen ? So I got an attorney to fix this bull**** with progressive.

He got a ticket and fault on the police report