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Car accident claims be denied by insurance in GA? Diminished value?
My boyfriend’s dad was in an accident where a lady T-boned the side of his truck while she was backing out. The police were contacted and a report was made, but the police did not issue the woman a ticket because the accident happened on private property.
His dad got everything appraised through the lady’s insurance (state farm) and sent them a copy of the police report, but in the end they denied his claim saying "both drivers were negligent"…. How could it be considered negligent on HIS part if he was T-Boned on his passenger side door? Play the scenario in your head…
Also, if anyone knows the details of how the diminished value law works, that would be appreciated as well.
Just so you know more details since one person assumed that the accident took place from someone backing out of a driveway, it in fact was in a parking lot which is more tricky. I am sure anyone who drives has run into at least one close encounter with someone who tried to gun it from the parking lot without looking out behind them… (and depending if a small car parks between two big SUVs or Trucks, you usually dont see them until the last second… so just how careful can you be?)
Yeah I ran into a problem similar to this. The adjuster said in an accident where someone is in reverse motion, the one that is reversing is normally at fault. BUT, if both parties are in motion it will be handled by each on their own. So basically if he was in motion he will be found at fault as well. If he would have stopped if would have been here fault completely.
if he has full coverage ins why doesn’t he file thru his carrier get his truck fix and have his carrier get the money from state farm. as far as diminish value claims they are difficult to prove since you have to be able to show the diminished value which you can’t do until you sell your car and even than how can you show you only got so much because it had been in an accident.
References :
insurance adjuster.
Most insurance investigators will tell you there is no such thing as an accident. There is poor judgement exercised by 2 or more parties.
Play the scenerio in my head-okay he was driving down the road minding his own buisness, obviously not paying attention to details going on around him. Had he BEEN paying attention, he would have noticed a vehicle to one side or the other starting to move in a driveway, and then he should have exercised caution. But instead he continued driving oblivious to the potential danger. Had he been paying attention, he would have a)slowed down when approaching the backing vehicle, b) been prepared to slam on his brakes when it became obvious that the other driver had not seen him or was to preoccupied with THEIR own adjenda, c)taken evasive manuvers if braking was not an option.
All I can say is that it is a good thing he was driving a 4 wheeled vehicle and not one where lack of attention behind the controls guarantees death or serious injury-like a motorcycle.
References :
motorcyclist for 40 years
Car/light truck driver for more than that
Yeah I ran into a problem similar to this. The adjuster said in an accident where someone is in reverse motion, the one that is reversing is normally at fault. BUT, if both parties are in motion it will be handled by each on their own. So basically if he was in motion he will be found at fault as well. If he would have stopped if would have been here fault completely.
References :
Experience, Lic. Ins. Agent
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