Only have 18000 miles Gt premium nav pony package 373 gears comfort package and I think the wheels where an option car only had 3k on it when I bought it

 

You can get the original window sticker online using the vin
http://researchmaniacs.com/VIN-Numbe...cker/Ford.html

 

An update called their insurance company to file a claim they said the have to investigate weather she had coverage or not is that normal???

 

Yes. The OVC (other vehicle's carrier) needs to confirm that her policy was current before committing to you. More than likely though the OVC was signalling to you that they have to investigate the claim and determine if they owe you and to what percentage.

What this means is that depending on the statutes of the state where the loss occurred and how claims are investigated and settled there, even if she has coverage, it doesn't necessarily mean that she's 100% liable for the accident.

In NJ for instance (where I settled claims before retirement) claims are settled using the doctrine of Comparative Negligence. Basically this means that all drivers involved in an accident are partially responsible for the loss and and if a person is claiming against the other driver, they can only collect up to their legal limit of liability as long as they are 50% or less at fault.

For example in NJ, if a person makes a left turn in front of you, they are mostly at fault, but you would be assessed some degree of negligence depending on speed, points of impact, weather conditions, etc. If that person is deemed to be 80% at fault, then you can only collect 80% of the damages.

Generally speaking, the only time a person is considered to always be 100% at fault is if they rear end you or hit your parked car.

There are other methods...contributory negligence, pure comparative, and others, and the method is determined by state statute. It's not something an insurance company makes up. All claims in every state have to be handled in the same manner as dictated by the laws of the state in which the loss occurred.

The most strict method is Pure Contributory Negligence and it's principles govern claims in just a few states. In this method, if you are deemed to be even 1% at fault, then you are barred from collecting anything from the other party.

Also bear in mind that the other carrier has an obligation to defend their customer and is given ample time by state law in which to conduct their investigation. They have to gather statements, police reports, damage reports or even send an adjuster to survey the scene of the accident before they can determine the extent (percentage) of their liability. If a party was making a claim again your policy, your insurance company would do the same thing.

Here's a list of the doctrines that each state has adopted for claims settlement:

http://www.mwl-law.com/wp-content/up...-50-states.pdf

Don't confuse these principles with No Fault. That generally applies only to how one collects for medical bills in an auto accident.

And one more very important thing.....

It's my experience that the fastest and least painless way of getting your loss resolved is to collect from your own insurance company. Let them handle this...it's what you pay them for. Regardless of how the loss occurred, they owe you minus your deductible and they don't need to conduct an investigation. That only applies to a person who is claiming against you.

If you haven't already done so, put your own collision carrier on notice of the claim. They'll need to inspect the car, and you can request that they don't pay you until the OVC makes their decision.

I wish you luck and hope it's resolved to your satisfaction.

 

I'm screwed she doesn't have insurance so now I have to pay my medical bills I have uninsured on my policy and medical for my passengers only just found that out so what options do I have?

 

Have you spoken with your insurance company? I'm not referring to your agent, but rather an actual claims rep? If not I'd suggest that you do that asap. Your carrier's claim department will be the best source of info and can advise you of your coverages under state law and your policy.

I just noticed that you're in Alabama. I'm unfamiliar with the specific insurance laws of your state, but generally speaking, if you have collision coverage, that'd be primary. UM (uninsured motorist) wouldn't likely apply. Naturally you'd be subject to a deductible.

How bad are your injuries? What makes you think you have to pay your own medical? Generally medical coverage is provided as part of your auto policy up to certain limits. In an auto accident, medical coverage for injuries is primary, but if for some reason that coverage is optional in Alabama and you did not choose it, then your health insurance, private or employer group, would respond.

File a claim under your collision, which I hope you have. You might have more coverage than you think.

Good luck.

 

I talked to my clams rep the medical is for passengers and if it's my fault I'm going to have a word with my agent I thought the medical on my policy was for me as well doesn't make any sense to me why they would cover everyone but me???? They are gonna take care of the car ford said 2 weeks

 

I just searched some general info on auto insurance in Alabama:

http://www.all-about-car-accidents.c...uto-insurance-

Alabama requires drivers to have a minimum amount of liability insurance on their vehicles, set by Alabama law. This insurance pays for medical bills, property damage, and other costs in an accident if you are found to be at fault. As of 2011, the minimum auto insurance requirements in Alabama are:
$25,000 for one person injured in an accident
$50,000 for each accident in which more than one person is injured, and
$25,000 for each accident that causes property damage.
This “liability” insurance does not pay your medical bills or cover the cost to repair or replace your vehicle. However, you can purchase additional insurance coverage in Alabama to cover those kinds of losses. And you can buy liability insurance with higher limits than those listed here, if you wish.


So it appears that medical coverage for the driver is optional in Alabama. Minimum requirements are mandatory if another party is injured and you are at fault.

You might be able to file a claim under your health insurance since that likely becomes primary in the absence of auto medical. Seek clarification from the claims rep on this.

 

Thanks triple black for your help at least my rep said they will cover diminished value i guess sense she doesn't have insurance they will sue her for the cost they said my rates will not go up witch is very good I'm stuck driving a Hyundai for 2 weeks

 

Alabama driver here. That is also my understanding tripleblack.

On another note you can take the uninsured driver to small claims for your deductible, and any other out of pocket costs.

 

This is my 3,800 post.

 

Any suspension damage in the rear that was determining factor for me, I lost in my case.

 

Could take her to court but she's 18 and works at a fast food place I would feel bad I was there once before I joined the army I'm sure my insurance company is gonna sue her I can afford the 250 dollar deductible and rental car

 

Rick I'm not sure I follow what your saying???

 

If they're successful you'll get your deductible back. But don't hold your breath. Anyone who is irresponsible enough to drive without insurance probably doesn't have any assets to attach.

Maybe I'm just jaded after 34 years in the insurance claims biz, but I have no sympathy for people like that. I've seen way too many customers get hurt both physically and financially by scum who drive without insurance. It's the folks who do the right thing and still get screwed are the ones I feel bad for.

But at least you're getting your car taken care of. My advice is to add medical coverage for yourself to the policy. I can't imagine that it's too cost prohibitive.

Keep us in the loop about the car and repair progress.

Good luck.

 

I added it right after I found out I didn't have it that's what I get for not asking and assuming I was covered I know now lol just seems like they would have said something so they could make more money

 

Good job....glad you took care of that. Also sit with your agent and go over the rest of your coverage. I hope you're not carrying just the minimum liability limits. Should you be involved in an at-fault accident where there are serious injuries, a minimum policy opens you up to a lawsuit where everything you own can be jeopardized. It happens here in NJ all the time. People here will sue over a dirty look.

But like I said, I'm jaded.

 

So I guess people get 6month insurance cards then cancel their policy but still have the card the cop didn't write her a ticket for no insurance and I thought Alabama just switch to a system where they run your tag number and its shows if you have coverage or not

 

even if they did it still takes time (dependent on when/if her insureance expired or lapsed) for that status to go from the insureance company to be updated to the database, so if it just was cancled or expired with in a few days lets say it may take a week to reflect in the system the cop used or accessed.


I don't live where your at and don't know the details but I am basing it off what I do know which is IT and this type of thing is right in that category of ĪT"....

 

I believe it is unusual to carry personal medical on an auto insurance plan because people are covered under their group medical or personal medical plans. Why pay the additional premiums?

If you don't have group or personal medical coverage, you are in violation of federal law! You must buy some form of Obamacare or the IRS will get you!!!