Wasted Guy + Rain = Wreck!! *UPDATE*
12-14-2004, 09:39 AM
#1
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Location: Cincinnati, Ohio
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Wasted Guy + Rain = Wreck!! *UPDATE*
Some of you may remember my wreck about a month ago - drunk guy in an Astro hits a Hertz rental Kia, which slams into me. As promising as the scenario looked, everyone decided to stick something up my butt.
Hertz is not obligated to pay for my damage because the Kia only hit me because the Astro hit him, so naturally - Hertz denied my claim. And neither my self nor State Farm has the "legal right" to challenge their denial. This puts the blame entirely on the Astro, who turned out to be UNINSURED!
State Farm is "like a good neighbor" eh? My ****. When I bought the Max I stepped up from liability to comprehensive, but the secretary kept spitting out a bunch of industry jargon during the discussion. I cut to the chase and said "I want coverage in every situation unless I drive off the road all by myself and hit a tree." So she says no prob, this comprehensive coverage is what you want. I call State Farm regarding the accident and they tell me that I do not have uninsured motorists coverage and my "KY No-Fault" coverage only includes bodily injury to people involved and has nothing to do with auto damage (which still baffles me and makes no sense). If you don't know about No Fault stuff, its a BS system in which many wrecks don't access blame and each car's insurance pays to fix only their car, which contradicts what State Farm tells me!
So if I want my money, I have to take the drunk guy to small claims court and get money via wage garnishment. This will be a bigger hassle than anything else for two reasons:
1. Hertz already has a claim filed. I will have to either wait until Hertz gets their money in full before getting paid or they will pay us both at the same time in smaller amounts.
2. The drunk guy has no obligation to notify the courts if he gets fired or gets a new job. So every time I miss a check I will have to go down to the courthouse, check his records, and (if he has a new job) fill out a bunch of paperwork to begin garnishing those wages. And if he's unemployed I'm just fcuked. Why the system is on his side more than mine is a mystery! A cop buddy of mine has seen instances where people will frequently change jobs on purpose to try and avoid garnishment, and it often works because people get tired of tracking them down and filling out paperwork. And the crappier his job is, the smaller my checks will be. I mean seriously - he was wasted at 8pm on a Wednesday night wearing cutoff sweatpants and socks with no shoes.... not a good sign of a guy with a promising career.
I'm getting screwed from every angle on this one, and my viable options are just as crappy. I've been
I think.
Hertz is not obligated to pay for my damage because the Kia only hit me because the Astro hit him, so naturally - Hertz denied my claim. And neither my self nor State Farm has the "legal right" to challenge their denial. This puts the blame entirely on the Astro, who turned out to be UNINSURED!
State Farm is "like a good neighbor" eh? My ****. When I bought the Max I stepped up from liability to comprehensive, but the secretary kept spitting out a bunch of industry jargon during the discussion. I cut to the chase and said "I want coverage in every situation unless I drive off the road all by myself and hit a tree." So she says no prob, this comprehensive coverage is what you want. I call State Farm regarding the accident and they tell me that I do not have uninsured motorists coverage and my "KY No-Fault" coverage only includes bodily injury to people involved and has nothing to do with auto damage (which still baffles me and makes no sense). If you don't know about No Fault stuff, its a BS system in which many wrecks don't access blame and each car's insurance pays to fix only their car, which contradicts what State Farm tells me!
So if I want my money, I have to take the drunk guy to small claims court and get money via wage garnishment. This will be a bigger hassle than anything else for two reasons:
1. Hertz already has a claim filed. I will have to either wait until Hertz gets their money in full before getting paid or they will pay us both at the same time in smaller amounts.
2. The drunk guy has no obligation to notify the courts if he gets fired or gets a new job. So every time I miss a check I will have to go down to the courthouse, check his records, and (if he has a new job) fill out a bunch of paperwork to begin garnishing those wages. And if he's unemployed I'm just fcuked. Why the system is on his side more than mine is a mystery! A cop buddy of mine has seen instances where people will frequently change jobs on purpose to try and avoid garnishment, and it often works because people get tired of tracking them down and filling out paperwork. And the crappier his job is, the smaller my checks will be. I mean seriously - he was wasted at 8pm on a Wednesday night wearing cutoff sweatpants and socks with no shoes.... not a good sign of a guy with a promising career.
I'm getting screwed from every angle on this one, and my viable options are just as crappy. I've been
I think.
12-14-2004, 10:12 AM
#4
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Originally Posted by MaximaTodd
that really does suck. how bad is the damage?
<- You
<- Drunk Guy
12-14-2004, 08:25 PM
#8
Senior Member
Join Date: Dec 2003
Posts: 633
that's horsesh*t. i dropped state farm like a std ridden ex-girlfriend after one of their agents treated me like crap over a comp. claim (hail damage). i switched to erie insurance. i have better coverage (including uninsured motorists), and my premiums are less... you should check into another company maybe after this fiasco 
12-14-2004, 08:47 PM
#9
I highly recommend amica insurance. I was referred to the and recently had a deer hit. They were more then helpful and covered everything very well. They even cover my rims. Let me know if you switch.
www.amica.com
* I am in no way associated with the above company except that they insure my car. *
www.amica.com
* I am in no way associated with the above company except that they insure my car. *
12-14-2004, 08:56 PM
#10
I remember your accident and it sucks to hear about the aftermath. Atleast the damage is relativly lite.
Couldnt you sue hertz for rear ending you and have Hertz add onto their claim to cover your damages?
Couldnt you sue hertz for rear ending you and have Hertz add onto their claim to cover your damages?
12-15-2004, 02:09 AM
#12
Senior Member
Join Date: Mar 2004
Posts: 494
Originally Posted by MaxNismo1
I mean seriously - he was wasted at 8pm on a Wednesday night wearing cutoff sweatpants and socks with no shoes.... not a good sign of a guy with a promising career.
Sorry to hear about your situation.
12-15-2004, 06:26 AM
#14
Senior Member
Join Date: Nov 2003
Posts: 106
This is a terrible situation. It seems like you've pursued every possible avenue in trying to get compensated for your loss. It is too bad that your State Farm agent didn't understand your needs at the time, although it looks like you were pretty clear. I have filed two claims with State Farm in two years (no fault) and they have promptly addressed my concerns and issued payment in a timely manner. IMO, I would call your agent and tell them they did a poor job at meeting your needs and that you were very specific as to what coverage you wanted. Second, file a complaint with State Farm and tell them you are unsatisfied with their performance. Third, find a new agent.
Your damage appears minimal. It is fortunate that there is no body damage. IMO, I wouldn't continue to spend anymore of your time or resources in trying to get this resolved. Pursuing it any further is a going to be a pain in the ****.
Buy a bumper, muffler and tip (hangers if needed) and have the bumper painted ONLY.
It simply isn't worth the frustration. Call it a loss and move on. Good luck, man!
Your damage appears minimal. It is fortunate that there is no body damage. IMO, I wouldn't continue to spend anymore of your time or resources in trying to get this resolved. Pursuing it any further is a going to be a pain in the ****.
Buy a bumper, muffler and tip (hangers if needed) and have the bumper painted ONLY.
It simply isn't worth the frustration. Call it a loss and move on. Good luck, man!
12-15-2004, 09:06 AM
#15
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Location: Cincinnati, Ohio
Posts: 641
Originally Posted by Supermax95
Hrm, i was rearended by a guy who was rearended and the insurance company of the guy who hit me wrote me the check.
I tried to get S.F. to call Hertz to see what the deal was, and they wouldn't. They insisted that they don't have the "legal right" to challenge it, and that even CALLING to ask/talk about it is illegal. WTF?
I am definitely switching insurance companies when this pay period ends (April). Whoever said Amica, thanks - hadn't thought of them yet. My father has used this SF agent (Bob Newman) for over 40 years - he has spoken to him on the phone twice and seen him in person once. In 40 years!!! He has his secretaries do everything, and they're *****es most of the time and will tell you one thing on Monday and another thing on Tuesday. I got the most info out of them when I had to put my father on the phone (yes, I'm 24 years old and had to have my daddy call) because he's developed a good relationship with one of the secretaries, but even she wouldn't budge as far as sticking up for me.
My plans are to cut my losses and just walk away from this with my fists clenched. It's an incredible pile of BS that I can't fight, so F-it. I would spend more money fighting it than I would to fix my Max out of pocket.
The bottom line here is that State Farm can't get screwed into paying to fix my car. If I had collision or uninsured coverage, they'd have to fix my car regardless of the scenario -- and then you're damn sure they'd be taking Hertz and the drunk guy to court to get their money back out of it. But since SF isn't getting screwed, they don't care what happens to me because they don't have to open their check book.
12-15-2004, 10:42 AM
#16
Member
Join Date: Nov 2004
Posts: 62
I was hit by an uninsured guy, and was able to get the court to make my damages part of his fine(punishment), so eventually I was able to get my repairs covered. If he hasnt already been convicted, you maybe able to get a judgment like that against the drunk, or the uninsured guy(depending on your states insurance laws). Good luck.
12-15-2004, 10:57 AM
#17
Senior Member
Join Date: Oct 2003
Posts: 891
go down to there office and start *****ing them all out, and smack bobby on the head for being a fat piece of $hit. this is bull, that's why you have insurance....incase $hit happens you get your car fixed....ugh! im sorry bro...good luck.
Tony
Tony
12-15-2004, 07:55 PM
#18
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Join Date: Jan 2004
Posts: 684
I would change agents since it seems like the one you have now is a punk. I had a claim with State Farm in September and they covered all of it. They even paid for a guy to clean the inside of my car. (There was blood in it)... My agent was awesome. You should call higher ups in the company and tell them what happened. She could have sold you a better/more money policy and all would be good right now. I would then tell your agent that they suck and that you are staying with the company, just changing agents... that would get her riled up...
12-15-2004, 08:12 PM
#19
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Posts: 641
Originally Posted by ThunderMaxi
I would change agents since it seems like the one you have now is a punk. I had a claim with State Farm in September and they covered all of it. They even paid for a guy to clean the inside of my car. (There was blood in it)... My agent was awesome. You should call higher ups in the company and tell them what happened. She could have sold you a better/more money policy and all would be good right now. I would then tell your agent that they suck and that you are staying with the company, just changing agents... that would get her riled up...
12-15-2004, 08:51 PM
#20
Originally Posted by MaxNismo1
That's why I don't get, either.... how can Hertz just deny my claim and then wash their hands of it? I was always under the impression that you pay to fix the damage that you do - if the drunk guy started a 50 car pile-up, would he be responsible for all 50 cars?? I highly doubt it, so why does that idea apply here?
I tried to get S.F. to call Hertz to see what the deal was, and they wouldn't. They insisted that they don't have the "legal right" to challenge it, and that even CALLING to ask/talk about it is illegal. WTF?
I am definitely switching insurance companies when this pay period ends (April). Whoever said Amica, thanks - hadn't thought of them yet. My father has used this SF agent (Bob Newman) for over 40 years - he has spoken to him on the phone twice and seen him in person once. In 40 years!!! He has his secretaries do everything, and they're *****es most of the time and will tell you one thing on Monday and another thing on Tuesday. I got the most info out of them when I had to put my father on the phone (yes, I'm 24 years old and had to have my daddy call) because he's developed a good relationship with one of the secretaries, but even she wouldn't budge as far as sticking up for me.
My plans are to cut my losses and just walk away from this with my fists clenched. It's an incredible pile of BS that I can't fight, so F-it. I would spend more money fighting it than I would to fix my Max out of pocket.
The bottom line here is that State Farm can't get screwed into paying to fix my car. If I had collision or uninsured coverage, they'd have to fix my car regardless of the scenario -- and then you're damn sure they'd be taking Hertz and the drunk guy to court to get their money back out of it. But since SF isn't getting screwed, they don't care what happens to me because they don't have to open their check book.
I tried to get S.F. to call Hertz to see what the deal was, and they wouldn't. They insisted that they don't have the "legal right" to challenge it, and that even CALLING to ask/talk about it is illegal. WTF?
I am definitely switching insurance companies when this pay period ends (April). Whoever said Amica, thanks - hadn't thought of them yet. My father has used this SF agent (Bob Newman) for over 40 years - he has spoken to him on the phone twice and seen him in person once. In 40 years!!! He has his secretaries do everything, and they're *****es most of the time and will tell you one thing on Monday and another thing on Tuesday. I got the most info out of them when I had to put my father on the phone (yes, I'm 24 years old and had to have my daddy call) because he's developed a good relationship with one of the secretaries, but even she wouldn't budge as far as sticking up for me.
My plans are to cut my losses and just walk away from this with my fists clenched. It's an incredible pile of BS that I can't fight, so F-it. I would spend more money fighting it than I would to fix my Max out of pocket.
The bottom line here is that State Farm can't get screwed into paying to fix my car. If I had collision or uninsured coverage, they'd have to fix my car regardless of the scenario -- and then you're damn sure they'd be taking Hertz and the drunk guy to court to get their money back out of it. But since SF isn't getting screwed, they don't care what happens to me because they don't have to open their check book.
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