Maybe some insurance type person can answer this question
Posted: 24 May 2013 11:37 AM   [ Ignore ]
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Recently, my daughter was involved in a car accident…not her fault (which is extremely unusual).  This, of course required her to demand money from me (which is not unusual at all).  I told her to collect from the people who caused the accident.  She claimed that she couldn’t because Kansas is a “no fault” state.  Of course, I assumed that she was lying (not unusual at all), but I did some research and found that she was telling the truth (very unusual).
Now, here is my question.  If some jerk pulls out in front of you and wrecks your car and your body, and you can’t sue for damages, then what is the point of buying insurance?
If I can’t sue them for damages, and they can’t sue me if I am at fault, then why am I paying these insurance premiums? I can’t collect from the other party. I can’t be sued by the other party, so, I ask again…what is the point of insurance? Just curious. Could it be that the insurance companies are in collusion with the state?  I wonder what percentage of my insurance premiums go to the state coffers to “insure” that I have to buy this useless insurance?

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Posted: 24 May 2013 08:27 PM   [ Ignore ]   [ # 1 ]
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Michael, I sorta like the no-fault plan Kansas implements in their vehicle insurance requirments.  We are on of something like 19 states that have no-fault.  Let’s take your daughter, for instance.  First, thank goodness she was not severly injured.  In her case, the other driver was as fault.  She knows it.  However, if the other driver makes up some cock and bull story about how your daughter was in the wrong, now you are forced to litigate to get your vehicle repaired.  The police can assess fault, if it is clear.  Too many times, however, if not witnessed the one seeming to be in the right may simply be the best liar.  With the Kansas requirement of proof of insurance and the no-fault plan, your own insurance takes care of your damages and injuries.  You are not forced to take time off work to be part of a jury trial to see if you can prove you were not the culprit.  The insurance companies, as I understand it, resolve clear fault cases between themselves.  Your daughter’s insurance will immediately take care of her damages.  Then, they may well attempt to collect from the other driver’s insurance if the police report makes things clearly black and white.

No-fault does not take away your right to litigate under certain circumstances.  If your property damage or personal injury medical costs exceed the limits of your policy, you can sue the other driver for the additional expense.  And, of course, if a death occurs one can sue for that loss. 

As to your idea of simply not carrying insurance, you will not be able to buy license plates for the vehicle.  And, if you were to be involved in an accident… even if not at fault… and did not have insurance in force, you would pay a quite hefty fine.  Surely, insurance on that 50 year old Buick Roadmaster you putt around in can’t be all that expensive.  :>)

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Posted: 24 May 2013 08:34 PM   [ Ignore ]   [ # 2 ]
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Your daughter’s accident didn’t by any chance happen in the parking lot at HyVee, did it?

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Posted: 25 May 2013 08:29 AM   [ Ignore ]   [ # 3 ]
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No, mercifully for me she does not live here. I would consider a complete hip replacement as a serious injury.  She can’t work…so she says, and can’t get disability.  I agree, there is something fishy about the entire story.

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Posted: 26 May 2013 03:34 AM   [ Ignore ]   [ # 4 ]
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Doesn’t sound right to me…..

Its been several years but I was involved in an accident in Topeka a few years ago.  Wasn’t my fault and the other driver was given a citation for attempting an illegal U Turn on I-70W in Topeka which was the cause of the accident.

The TPD gave me a copy of the other drivers Insurance information, and the following business day I called the other driver’s Insurance Company and told them I wanted to submit a claim for damages.  They asked do you have an Insurance Policy with us?”  I said no but the Driver who caused the accident does.  Then they told me I would have to submit a claim with MY insurance company.  I said “No, if I do that then my insurance company will raise my rates, your driver caused the damages to my car, are you going to pay for the damages or do I need to drag YOUR driver and YOUR company into court???


I was then told they would have an adjuster come out within 48 hours to look at the damages.  SURPRISE I got a call about an hour later and the adjuster showed up that afternoon, 2 days later I had a check for the damages.

Now that was a few years ago and I don’t know how the Kansas Law’s have changed but..

This is currently posted on the Kansas Insurance Commissioner’s Web Site:

http://www.ksinsurance.org/consumers/autoclaim.htm

Who to Contact to File a Claim

1.  Contact your insurance company or agent/agency about any motor vehicle accident regardless of fault. You should notify the insurance agent or company while the details are fresh in your mind. If you report a claim by telephone, follow up in writing. Cooperate with the insurance company’s investigation.

2. If you feel the other party is responsible for damages to your motor vehicle or other property, you will need to contact their insurance company or agent to file a claim.

3. The insurance agent or company’s representative will be able to inform you of the proper procedure to take ... such as, whether to obtain estimates from local repair shops or from the insurance company’s claim representative.

4. If you suffer any injuries and you are a titled owner of an insured motor vehicle, you should notify your own insurance company because your coverage under your Kansas No-Fault PIP benefits would be primary for any medical expenses incurred by you, regardless of fault.

5.Be sure to keep good records of any communication with an insurance company during a claims process, including dates.

 

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Posted: 27 May 2013 07:12 AM   [ Ignore ]   [ # 5 ]
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Gray,
Thanks for the info.  That is pretty much what I thought.  Of course, there may be facts here that I am not being made privy to. I do know that I had an accident many years ago in Wichita.  It was my fault…sort of. The crossroad had a steep incline.  I was turning left and the guy passed another car on the right.  I couldn’t see him until he was right there.  If I had had the Toyota, he would have missed me but I had the big-butted Lincoln and he glanced off my back bumper. When the cop came , he said that this was a dangerous intersection.  He said he could cite me for failure to yield, and told the other guy he could cite him for passing on the right, but he wasn’t going to do that and instead he listed it as an “unavoidable accident”. That could be the case here. In which case, no one would be at fault.

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Posted: 27 May 2013 12:12 PM   [ Ignore ]   [ # 6 ]
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I guess there is a significant difference between (a) an accident where neither driver is obviously at fault or both drivers are partially at fault and (b) an accident where one driver is not at fault and the other driver was doing something illegal and was cited for it, and that something the other driver was cited for is obviously the cause of the accident.

Back in my younger days in the early 80s I was driving west on Moro between 4th st and Juliette.  There were cars parked on both sides of the street, making it impossible for 2 cars going in opposite directions to pass each other with a car parked on both sides.

I saw a car approaching at what I guessed to be a way to fast rate, I picked a spot between two parked cars on the right and pulled in between two parked cars leaving what I thought was a good space for the oncoming car to pass.

The other car didn’t slow down a bit until it planted itself in my left front fender.  I was alone, the other driver had someone with them.

According to me the other car was at fault for driving too fast and not slowing down to navigate an obvious hazard.

According to the other driver and passenger I was at fault because it was night time and they thought I was driving a motorcycle because according to them my driver side headlight and parking light were both out.  (a scenario that was impossible to disprove as both my driver side headlight and parking light were demolished in the crash and the essential pieces of the bulbs were smashed in the accident, so at the time RCPD showed up to take the report, both in fact were not working)

The RCPD officer told us both he could cite us both and place the blame on both or cite neither and not place any blame.  I opted for taking a ticket and not leaving my 6 flapping in the legal breeze.

The officer suggested to me that since I was by myself and the other driver had a witness that might not bode well for me if the other driver later decided to sue me in court.  I agreed and that was that.

I’ve never had to go to court over a traffic accident, but I have heard from many who have.  It appears that judges and jurys are more likley to decide partial responsibility to both parties, thus making the court process a waste of time and money.

Unless one party is clearly in the wrong and the other is clearly not in the wrong, going to civil court over an accident is a bet against the house and you don’t get to play with free money.

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Posted: 27 May 2013 01:06 PM   [ Ignore ]   [ # 7 ]
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Gray,
I have argued for twenty years that parking should not be allowed on those streets, and I include especially, all the streets north of Bluemont…Vattier, etc. When you approach those streets, you simply can’t see because there are cars parked right up to the street line…and those streets have the right of way.  You have to edge out and hope there is no co-ed speeding in daddy’s car.  But, as long as you pay KSU for the parking sticker, you can park right up next to the intersection. A small bit of collusion between the U and the city. Pays well, though.  I had a friend who inched out on 11th and Vattier, and was smashed by a speeding co-ed.  He was determined to be at fault, and, technically, he was…but he couldn’t see because of the parked cars.
I avoid that area like the plague. I never drive on those streets.  There should be a rule that no one can park within fifty feet of an intersection, but, that, of course, would lose some cash for KSU and the RCPD.

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Posted: 29 May 2013 03:08 AM   [ Ignore ]   [ # 8 ]
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In the case of your daughter, I’m pretty sure she personally can’t sue the drivers—her insurance company should be paying for her medical expenses and will then sue the drivers (and their insurance company) to recoup the costs. But she won’t benefit at all, and her insurance may not pay for rehab and other things she may need but they will decide are “unnecessary.” No-fault is basically great for the companies, not so much for individuals.  It’s been a long time since I was a prop/casualty agent in Kansas and I never worked claims anyway, so I may be wrong on this, or things may have changed.

As for Disability, most people are denied multiple times, and I have known plenty of patients (when I worked in medical records) who really couldn’t work a regular job but who the State or Feds said weren’t really disabled. She should consult with a Disability attorney, which will give her options and help her get benefits if she does indeed qualify. It may have been decided by some bored bureaucrat that she got a hip replacement therefore is all fixed up, when that may not have been the case.

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Posted: 29 May 2013 08:20 AM   [ Ignore ]   [ # 9 ]
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Stacia,
I think you are probably right. Her insurance did cover the new hip, but not rehab or the truck.  Of course, I am certain that she had only liability on the truck so I am not surprised there.  I have heard the same stories about Disability. I will pass on to her your suggestion.  Thanks.

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Posted: 30 May 2013 10:50 AM   [ Ignore ]   [ # 10 ]
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All depends on the honesty of the person who hit you….

Recent claim in July—- I posted on RCPD FB-

ommon Practice? From a client 7-13-12—-We were turning left back to our apartment on Manhattan Ave to Ratone St. There is s STOP sign on Ratone St. but the guy didn’t stop and he was trying to turn right so hit our car on the left side on both doors of my car. So we stopped and called the police. The police came and said since no body injured and it was not a big accident, just asked us to change information and then he police left. I was thinking it was not a big deal so I wanted to talk to him and trying to solve the problem without reporting to our insurance companies. But the guy said he’s calling his insurance company so I was thinking okay, that’s fine. It’s your fault so I also called my insurance company. Also I was thinking because we are Chinese so the policeman was not doing anything to protect us.
Like ·  · May 15 at 10:20am near Manhattan

RileyCountyPD Not all accidents are required to be reported to the state and information exchange in the case of minor accidents is sometimes an option. Personal factors of the individual reporting the accident have no bearing on the type of response officers take. We pride ourselves on our service to the community and would like to apologize for creating the perception stated above.
Like · Reply · May 15 at 11:49am

Joshua Runyan And that is what I informed her- I let her know that it had nothing to do with who she was. Just intrigued on why there was no accident report. People are not inherently GOOD people. The at fault party never got back in touch with his company and my cl…See More

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Posted: 30 May 2013 11:05 AM   [ Ignore ]   [ # 11 ]
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The main issue is that your insurance company will fight for you in KS (if you have full coverage)

My client did not since it was an older vehicle. The guy that hit her had PROGRESSIVE insurance and refused to pick up the phone or call them back so Progressive CLOSED the claim due to not hearing back from their client. A police report woudl have solved the issue.

The bigger thing that would have helped would have been for my insured to call me about it. She failed to do so and I could have fought it for her which I am now doing.

This is the second time this has happened for me. 1st one a client was TBONED on the frontage road by dominoes on TCB. Police called it a parking lot and made no citation. American Family did not pay calling it an accident in a parking lot. This was unfortunately was for a Spanish client who pays his bills on time on liability only and I tried and tried to fight it but they would not.

I just wish the RCPD or departments in general issued a report on everything. I tell all of my clients to request a report if it is not their fault. CYA

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