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Looking for some legal advice

post #1 of 9
Thread Starter 

As I stated in an earlier thread, I was recently in a motor vehicle accident.  http://www.cheftalk.com/forum/thread/62853/um-ouch Rather then retyping the whole story, there is the link. 

 

Now its almost been 2 weeks since it happened, the guy's insurance company hasn't contacted me and the officer who responded advised me day of the accident "the guy's insurance company should be in contact with you within a few days, or you can contact them if it takes longer".  I called the # provided on the accident report, it was for the guy's auto dealership.  The report at least stated the guy's insurance company and policy# so I did a little digging and found the phone# for his insurance.  The name and policy# matched up and its valid in their system but they don't have an accident claim made by him.  I've got the feeling that I'm being screwed by this guy here.

 

Now this is my first auto-related accident ever so I'm really lost, I'm not sure what my recourse should be.  I haven't even gotten an estimate on how much the repair cost is gonna be plus I've been out of work for just over a week, back now but on reduced hours and modified duties. 

post #2 of 9

Start by talking to your own insurance company. They'll get a response from the other guys real fast, I reckon.

They have taken the oath of the brother in blood, in leavened bread and salt. Rudyard Kipling
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They have taken the oath of the brother in blood, in leavened bread and salt. Rudyard Kipling
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post #3 of 9

I went through a similar situation not long ago. KY is right. One of the reasons for having an insurance agent is to deal with these situations, not just to sell you a policy. My agent contacted the other company and got the process started.

"We make our food; thereafter, our food makes us." - Winston Churchill (with a slight modification)
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"We make our food; thereafter, our food makes us." - Winston Churchill (with a slight modification)
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post #4 of 9

You should be able to call his insurance company and get the process started.  You said he was from a dealership.  If he's an employee of a car dealership, they have their own insurance and it's possible he filed through them. 
 

Quote:
Originally Posted by KYHeirloomer View Post

Start by talking to your own insurance company. They'll get a response from the other guys real fast, I reckon.

post #5 of 9
Thread Starter 
Quote:
Originally Posted by gobblygook View Post

You should be able to call his insurance company and get the process started.  You said he was from a dealership.  If he's an employee of a car dealership, they have their own insurance and it's possible he filed through them.


 

When I called the number to the dealership, they had no knowledge of any accident.  Thats why I was confused as to why that number was on the accident report and not the insurance company.

post #6 of 9

The guy is giving you snow job. It may be to your advantage if you were hurt in any way to contact an attorney who deals in this. If any money is due you an attorney in most cases will get you 2 1/2 times as much as his company will offer.

Chef EdB
Over 50 years in food service business 35 as Ex Chef. Specializing in Volume upscale Catering both on and off premise .(former Exec. Chef in the largest on premise caterer in US  with 17 Million Dollars per year annual volume). 
      Well versed in all facets of Continental Cuisine...

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Chef EdB
Over 50 years in food service business 35 as Ex Chef. Specializing in Volume upscale Catering both on and off premise .(former Exec. Chef in the largest on premise caterer in US  with 17 Million Dollars per year annual volume). 
      Well versed in all facets of Continental Cuisine...

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post #7 of 9
Thread Starter 

Well I wound up filing a pedestrian accident (because my ebike doesn't fall under the category of motorized vehicle) through my insurance co.  My rate will go up next year because of it, hopefully not by much.  I'm having my boss write up a doc on how much time I've lost, I'm waiting for word from my doctor still and from my ebike dealer.  I really didn't want to take legal action if I could avoid it, those have the tendency of becoming long drawn out issues.  I know the guy would fight it because he argued with the cop that he saw me and only opened his door a crack...yet I still wound up on the ground remembered seeing at least half a door. 

post #8 of 9

I'm not licensed to practice in Canada, don't know the ropes and am not offering legal advice beyond what any ordinary person would know.  Also, I'm not going to handicap your case for you and say whether it's good, bad, or in the middle. 

 

It's glarlingly obvious you can't avoid "legal action" if you want help shouldering the burden imposed on you by the accident.  Since your insurance company doesn't seem like they're taking the matter seriously, consult with a personal injury attorney and find out what's what.  That sort of consultation shouldn't cost you anything, nor take more than a few minutes for you to find out whether or not you have a case. 

 

  • Quit screwing around and start the ball rolling. Call an attorney tomorrow.
  • Keep notes of everything anyone says to you.  Start now.  Do your best to write down your impressions of conversations you've already had.
  • Keep a copy of anything anyone sends to you.
  • Don't trust your computer to keep your records.  Print everything out.
  • Create and organize a paper file with all of the original documents including computer printouts of emails, etc., as well as your notes. 
  • Keep two duplicate files.  You can carry one of them around (to show an attorney, for instance); keep the third in an alternate location, just in case.
     

One last free piece of advice: 

 

  • Don't ask for legal advice in cooking forums.

 

BDL


Edited by boar_d_laze - 11/17/10 at 6:15pm
What were we talking about?
 
http://www.cookfoodgood.com
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What were we talking about?
 
http://www.cookfoodgood.com
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post #9 of 9
Thread Starter 

Well like I said, I've never been in an accident before.  I was given a lot of mixed suggestions of what I should do, figured most of the online communities I regular in have some experience and whatever the consensus was would be my best course of action.

 

I have yet to touch base with my insurance co, been a bit busy but I've left them a few messages while they've been leaving me a few messages.  Trying to match schedules with my broker to answer her questions.  She took all the info off my accident report form, I've got a folder together of bills and docs, anything pertaining what happened or related to the accident.  I didn't think to make copies though, figured I'd be faxing everything to my broker.  Thanks for that idea.

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