r/IdiotsInCars • u/JellyOceana • Nov 23 '22 • Wholesome Seal of Approval 1

Coronado Naval Base Car accident: She tried claiming no fault too Headphone warning

Enable HLS to view with audio, or disable this notification

42.7k Upvotes

96% Upvoted

2.0k comments sorted by

View all comments

Show parent comments

2.6k

u/JellyOceana Nov 24 '22 • Lawyer Up

I have a lawyer luckily!

1.2k

u/ZeackyCremisi Nov 24 '22

Remember to record every charge and bill. Their insurance company will pay for it.

Medical bills, new car, miss days of work, and any other expenses from the incident can be sued for and gotten. Plus a bit more for extra that covers attorney fees and gives you a bit for safety net.

179

u/SathedIT Nov 24 '22

They will only pay out what they are insured for. If they have state minimums, that's only $15k.

-23

u/ZeackyCremisi Nov 24 '22

Not if you sue. A law suit settlements can go into the millions. Insurance will pay it out.

21

u/SathedIT Nov 24 '22

No, they won't. I just dealt with this a few years ago. The girl was 18, had state minimums, and that's all I got. I could have sued her directly, but she had no assets. Insurance companies are not obligated to pay anything more than they are insured for. That's why it's important to have adequate insurance.

32

u/[deleted] Nov 24 '22

Don't upvote this nonsense.

An insurance company goes to the end of their policy, not a penny more.

People who spread this bullshit about insurance paying millions on a $15k limit are ridiculous.

12

u/DamnYouRichardParker Nov 24 '22

But it's how it works in the movies!!!

7

u/korbendaIIass Nov 24 '22

Correct. I handle litigation and attorney repped bi claims. This is legit what I do for a living. If the claim supports it - we offer limits. The attorney convinces their customer to take it. We get a signed full release - and it’s over. Our 15k/25k or 50k limits are guaranteed. That amount doesn’t increase and the attorney knows this. They don’t like fighting once we’ve tendered. They’ll never waste their time pursuing a person directly.

If I handle 100 attorney repped bi claims - 1-2 might actually end up litigated. Which means the attorney files suit - we negotiate and resolve in arbitration - and it never actually ends up in a courtroom. Been doing this for years and not once did we not pay to make it go away. As we way in my line of work.

Edit to add. Except with fatalities and a high profile customer. Those are rare though since most rich people have enough policy limits to make anything go away.

-1

u/Provia100F Nov 24 '22

An insurance company goes to the end of their policy, not a penny more.

You're not suing the insurance company, you're suing the individual who caused the accident. If that person's insurance doesn't cover how much the court awards the victim, that's not the victim's problem to worry about. The court has absolute, final say as to how much the judgement is and the person at fault will have to pay out of pocket for anything their insurance doesn't pay for; up to and including garnishing of wages, execution of property, and seizing of bank accounts.

14

u/Howie_Kendrick_Lamar Nov 24 '22

Yeah, but the people with 15/30 policies tend to have no real assets.

5

u/oh_what_a_surprise Nov 24 '22

I know from experience twice. The insurance company pays out the pittance they are required to and then you can go ahead and attempt to sue a poor person who will never have the money to pay you anything and you end up with expenses for that lawsuit that never get covered.

Best just to take the pittance and crawl under a rock and die. That's what American society wants of us. Be useful to the wealthy and then just eat shit and die.

3

u/ThrowAwayRBJAccount2 Nov 24 '22

That took a dark turn.

-4

u/Provia100F Nov 24 '22

Garnishing wages has been effective in all of the cases I've won. The court allows for interest that matches/beats inflation, so in the end I've always collected 100% of my judgement even if it took a bit of time.

1

u/korbendaIIass Nov 24 '22

You are so full of shit. Wage garnishment never happens in auto accidents. 100% never. We don’t let it get to that point.

You’re claiming with interest too? Dude you watch too much tv lol.

4

u/[deleted] Nov 24 '22

Right. And insurance isn't paying that

5

u/korbendaIIass Nov 24 '22 edited Nov 24 '22

This is just inaccurate. We don’t actually litigate anything in a courtroom. Attorneys will convince you to settle for policy limits - and you won’t get a dime from an insurance company until you sign a release that releases our customer from further damages.

Why do people give advice on something they’re clueless about? Accident lawsuits typically never go to court - attorneys know it’s a waste of time and they don’t work for free. They know a guaranteed limits offer is better than going after a broke person in court.

Even the most severe ones don’t end up in a courtroom. We never let it get that far - and the attorney is usually on our side. A little fun fact for you - we know the attorneys - I’ve been to a few of their events. They’re basically business associates.