Insurance Claim question
Instructor
Joined: Aug 2004
Posts: 178
Likes: 9
From: Tempe Arizona
Your car is now dimished in value by 2 years alone, if you do get paid, the insurance may just total the car. Which means you could have Salvage title on the car if you decide to keep it, that wil hurt way worse than a CARFAX ding.
Good luck
Good luck
Racer
Joined: Apr 2011
Posts: 320
Likes: 1
I don't think you're going to have any luck getting someone to pay for it now. You're probably on the hook for the whole thing. There is this thing called the statute of limitations. I'm no lawyer but I think you have to file the lawsuit within one year of being damaged. You're two years out so they (the lady who hit you and her insurance company) may tell you to go pound sand because they have no liability. This might be a $12,000 lesson learned the hard way.
What I would have done is A) file a police report, B) get her info, and C) file a claim with my insurer and let them go after her and her insurance company. That's what they do. Alternately you could have just filed a lawsuit against her for damages and then she would have to turn the matter over to her insurer.
What to do now? You could try to file the lawsuit but it'll probably get tossed unless your state has a longer statute. You could try sending her the bill and see if she'll pony up $12K. I wish you luck, anyway.
ETA: Apparently the 1-year limit is for personal injury and fairly uniform. Damage to personal property (like a Vette) is longer but varies by state. I would get your *** to the courthouse TODAY and file the lawsuit. That way you're covered however long it takes.
What I would have done is A) file a police report, B) get her info, and C) file a claim with my insurer and let them go after her and her insurance company. That's what they do. Alternately you could have just filed a lawsuit against her for damages and then she would have to turn the matter over to her insurer.
What to do now? You could try to file the lawsuit but it'll probably get tossed unless your state has a longer statute. You could try sending her the bill and see if she'll pony up $12K. I wish you luck, anyway.
ETA: Apparently the 1-year limit is for personal injury and fairly uniform. Damage to personal property (like a Vette) is longer but varies by state. I would get your *** to the courthouse TODAY and file the lawsuit. That way you're covered however long it takes.
Last edited by SubjectAlpha; Sep 19, 2011 at 04:21 PM. Reason: Statute info
Safety Car
Joined: Sep 2005
Posts: 4,062
Likes: 103
From: Southeast, Tennessee
St. Jude Donor '09 thru '26
sounds to me like your boss/roomate did a job on you thinking of his own self interests (getting her house done) and not what was right to be done regardless of self interests. after 2 year, my guess (and it is just that) is you have a real problem if you believe you can collect (particularly if you believe you can get her to pay out of pocket) any part of a claim for the damages.
Race Director
Joined: Aug 1999
Posts: 11,119
Likes: 672
From: SE Pennsylvania
St. Jude Donor '03 thru '26
Oldtimer
2 years ?
I see several potential mistakes on your part:
1. You did not file any report with the police.
2. Did you get anything in writing from the client that she was responsible and would cover any damages? Would have done this at the time it happened.
3. You waited two years to look at getting the car fixed.
Unless your boss is going to back you up on this one and vouch for you that the accident occurred, you may have a difficult time getting her insurance company to pay up after two years. I hope that is not true.
If she's still willing to pay the damages, get the estimates and have her sign an agreement that she will cover the costs (plus any unforeseen damages) in cash or through her insurance. If you are worried about the accident being reported to CarFax, then obviously the best way to handle this would be a cash transaction.
Good luck on this one. I personally would not have waited this long to take care of this.
1. You did not file any report with the police.
2. Did you get anything in writing from the client that she was responsible and would cover any damages? Would have done this at the time it happened.
3. You waited two years to look at getting the car fixed.
Unless your boss is going to back you up on this one and vouch for you that the accident occurred, you may have a difficult time getting her insurance company to pay up after two years. I hope that is not true.
If she's still willing to pay the damages, get the estimates and have her sign an agreement that she will cover the costs (plus any unforeseen damages) in cash or through her insurance. If you are worried about the accident being reported to CarFax, then obviously the best way to handle this would be a cash transaction.
Good luck on this one. I personally would not have waited this long to take care of this.
Here in Pennsylvania the statue of limitations is 2 years. So if it's been two years you won't even get her insurance to even consider it. But in reality, you are going to have to pay for this out of your own pocket. Since your client 's 'House' or project is done, I'll bet she can't even remember you and your problem. IF, if your boss is any kind of a class act, he'll fix your car and just pay for it out of the operating account. That way he or she can write it off in the years taxes, but since it's two years old that is going to be a problem claiming a two year old loss. But in the end, your boss should make this right, it all started with you being an employee and working there. And he's the one who said to calm down and deal with it later. But 2 years . . . ? 
