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gerhunspa

non injury auto accident

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You sue the owner of the other car directly (I presume you don't have insurance of your own). Insurance company is more likely to see things correctly after it's informed by its client/customer of the lawsuit having been filed, given it would incur more expenses defending the client if it had to deal with a lawsuit (even if in small claims).

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MY QUESTION IS .....IS THERE A LAW IN PENNA STATING DRIVER IS NOT NEGLIGENT BASED ON THE ACCIDENT............ON JUNE 12 IN PENNA A JEEP LOST ITS LEFT REAR WHEEL HITTING MY CAR. JEEPS DRIVER INSURANCE WILL NOT MY CLAIM SAYING DRIVER WAS NOT NEGLIGENT OF COURSE I HAVE INSURANCE INS COS ARE BATTLING I KNOW I CAN SUE....................IS THERE A PENNA LAW OR IS THE DRIVERS INS CO BLOWING SMOKE

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i need an answer to this question the ins co of driver told me that they denied my claim because in penna a certain law says the driver is not neglient ; his jeep lost a wheel that hit my car.............is there such a law?

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First of all, the other driver's insurance company has no obligation to you in the first place since you don't have a contract with the other driver's insurance company. Instead, the other driver's insurance company's obligations run to its insured, the other driver. its obligation to that driver is pay claims that are within the coverage of the policy.

Under tort law, the other driver is only liable to you for damages caused by his negligence. Thus, the way auto insurance policies are written, they only pay for damages done to others that occur because of the driver's negligence. If the insurance company determines that the damages were not due to the driver's negligence, it will generally deny paying the claim. If you disagree and believe the driver was negligent, your remedy is to sue the other driver in court for the damages you suffered. The insurance company would then provide a lawyer for the driver to defend the claim. If you win, the insurance will pay the portion of the claim that is covered by the policy; anything else the other driver would have to pay himself.

In the case of the Jeep losing its wheel, you'd have to show that was caused by the owner's negligence. It is not automatic that he's liable just because his wheel feel off. You'd need to show that he either knew there was a problem with the wheel and failed to correct it or that he failed to take reasonable steps to maintain the car, thus leading to the equipment problem. As far as I know, PA still requires annual inspections of automobiles. If the annual inspection did not reveal a problem with the wheels, he might not have had any reason to believe that there was a problem and therefore may not have been negligent. I don't know what all the PA auto inspections cover.

In short, you'd have to develop the facts to show that the owner was negligent—simply showing that the wheel detached is not sufficient. That's not a good do it yourself kind of project. Hiring a lawyer to do it may cost you more than the damages you suffered out of this, with no guarantee you'd even win.

If you carry collision coverage on your own vehicle, then I suggest you make a claim through your insurance company. It will then decide if it thinks there was negligence by the Jeep owner and deal with his insurance company to work out any reimbursement of what it pays you on your claim.

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Fallen said...

You sue the owner of the other car directly (I presume you don't have

insurance of your own). Insurance company is more likely to see things

correctly after it's informed by its client/customer of the lawsuit

having been filed, given it would incur more expenses defending the

client if it had to deal with a lawsuit (even if in small claims).

You've made two assumptions that may not be correct. First, you assume that the Jeep's owner/driver is liable for the damage. But unless the owner/driver was negligent, he or she is not liable for this. There is nothing in the post from which one can determine with any degree of confidence that the owner/driver was negligent.

Second, you assume that the insurance company would incur a lot of expense in defending the claim (and thus imply that the insurance company will pay the claim just to make it go away). But that's not necessarily the case either. A lot depends on how much work has to be done and how the insurance company pays the lawyers that it hires to represent the insured. It's possible that it would not cost the insurance company much to defend this.

Yes, it might be the case that the insurance company would cough up an offer to settle this if the insured were sued. But there is no guarantee of it.

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Guest FindLaw_Amir

gerhunspa said...

jeep drivers insurance will not honor my claim saying driver was not negligent. how do i handle?

Did you resolve this issue?

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