Actually "no fault" works quite well. I've lived in Michigan, a no fault state, and now in Arizona where there is no "no fault."

With no fault insurance, when you get in an accident your insurance pays for your damage and medical bills etc. In Michigan you can then go after the other person's insurance to cover your deductible. Works well, no need to sue the other guy for damages, don't have to worry about who's fault it was because everyone takes care of their own. Insurance rates tend to be much less than areas that don't use "no fault".

Contrast that to Arizona. Some of the highest insurance rates in the country. Constant lawsuits and frivolous claims because both parties always deny responsibility at the accident scene. Better have a lawyer and a witness. Both of which are usually unnecessary in a "no fault" state.

The only ones who make money in areas that don't use no fault are the lawyers and the insurance companies. The insurance can charge outrageous rates and the lawyers sue everyone.

Give me "no fault" any day.

 

I was trying to respond earlier when but that's when a manager type walked by. I kind of didn't want to appear as if I was giving away the "trade-secret" that everyone knows about anyway.

Here goes:

It seems as if you have insurance coverage with one of the big three auto coverage agencies (Allstate, StateFarm, or Prudential). Obviously since both parties here are holders of policies from the same agency, they will have to cover both drivers. However, it is there job to cover as little as possible. They want to dole out the responsibility to both parties to lessen their losses on both claims.

They also do seem to be operating on agent/adjuster commission basis. The agents over estimate both claimants' responsibilities, and the adjuster will under estimate the repair bill. The company is going to pay one price and that's it. The result of the excess of that price paid minus what the actual repair cost and added payments from the claimants goes into these people's bottom line.

Since your coverage provider has no interest in taking the other driver's coverage provider to court, you're in a very tough situation. Your recourse is to get the estimate from the provider's body shop. Go to two different independant body shops and get esitmate (hopefully more in your favor). Take all the estimates to the adjuster and insurance company and work out what the insurance company is going to pay for; try doing this amicably. Now see how much of a loss you are at with what will be coming out of your pocket. If you don't think it's too much, then live with what you have to pay. . .following through with more action is a real headache.

If you are at too much of a financial loss (or loss of pinciple) then you have to start looking for a lawyer. You may even want ot ask your lease company if they have representation for their leasors. If and when you take the insurance company to court, make sure you inflate your award settlement you are looking for to include the cost of court, the expected cost of lawyer fees, the difference of payment, the expected cost of rental car, the expected time loss off of work, and any other costs. Now inflate that figure by 25%. Hopefully, the representing lawyer will want to settle this "small" matter for the ins. company. Just make sure the settlement covers all your costs.

In your case, because the other driver wasn't issued a warning, citation, or traffic ticket, this will be real hard for you. I don't think the other driver will want to come to court as a witness for you either, seeing that if you win. . .the insurance company is going to find her negligible and make her liable for their losses, as well as her own loss.

Hope I helped.

 

This is what I and every other insured driver pays insurance company rates and premiums for, so that these services are already provided for and we don't have to go after anybody. . .that's the insurance company's job.

 

[QUOTE]
With no fault insurance, when you get in an accident your insurance pays for your damage and medical bills etc.

 

[QUOTE]Originally posted by turbo_pwr

Quote:

I witnessed the whole thing from my front lawn but am not allowed to testify because I know her. Additionally, I asked the officer who clearly heard the woman stating, it was her fault to put it in writing and he declined.

Why didn't the officer issue a ticket then if the women was stating that it was her fault. That sucks, he just didn't want to write out a full ticket and the incident report. He still had to write out the accident report though, how f-ing lazy.

Well just get a good lawyer to represent you, and to make sure that he uses the given circumstances as evidence to prove fault on the other driver.

 

[QUOTE]Originally posted by turbo_pwr
[B][QUOTE]
With no fault insurance, when you get in an accident your insurance pays for your damage and medical bills etc.

 

State farm was sued and lost(in TX) in a class action suit over this exact thing... They charged me $125 of a $500 deductible(claimed I saw the car coming and did not react soon enough) when I was hit by a maniac that changed lanes into my lane after seeing I was there! I eventually got my money back after the suit, after responding to the class action letter I recieved.

Bottom line, stick to your guns... the other driver was backing down the 1 way road and you had no opportunity to avoid the accident.

 

But isnt' this why we pay for premium insurance companies?!?!?!? So why don't I jost go with the cutrate companies and save myself some money instead paying the extra hundred a month to the big three? I'll get treated the same in the case of an accident anyway right? Luder?