D
Newport News,#2UPDATE Employee
Fri, March 26, 2004
I appreciate your comments and I can understand how you would be upset. Any accident is upsetting, time wasting, and a hassle to deal with. You have several issues at work here that just don't fall in your favor. My point being that even though you can be in the right, you did everything right, you have high morals and want to do the right thing, sometimes the devil is in the details... Your accident sounds like it was not 100% your fault. Accident details however get lost, recollections can evolve...not saying that this is the case but it does happen. Here's why an insurance co might refuse to take responsibility: The fact that the police did not cite the other driver (for whatever reason) does not help your situation...so in a way, the police messed up and didn't do the right thing. Police may tell you that they can or can't write a ticket. They may have a guideline they go by but don't let them snow you...they can write a ticket at their discretion. No reason to be mad at the insurance company there. I'm assuming that there were no other witnesses besides for the ones in your car? Only third party witnesses (for obvious reasons) can be used in these situations. Also not the insurance companies fault. The fact that you were in the one lane, and the fact that this truck was compelled to go onto the shoulder to go around you says that possibly you were contemplating which way to go and he, being impatient, went around you illegally. At this exact time, your moment of indecision was settled and you went right, right into his vehicle... true? His fault by all means but, without independent witnesses, it comes down to two different versions of a sad story. It is possible to have one accident and have both parties at fault. In some states there is a statute called contributory negligence. It means that the fault can be decided on a percentage basis....him 80% at fault, you 20%. In VA, (I'm not sure about Maryland) there is no contributory negligence statute. If fault cannot be proven, then both parties are at fault. The other party would be responsible for his damages and you would be responsible for your own. If an insurance company pays out on your behalf, they consider it a chargeable accident. Both parties to an accident can be charged with fault for the same incident. What are attorneys after? Truth? Justice? Looking out for the little man? Some are... What are they really in business to do? Make money-duh. Are attorneys generally friends with insurance companies anyway? Or are they advesaries? It's obvious by listening to the commercials on TV that they hold insurance companies in complete contempt. Why would this atty say anything positive. In his own way he was trying to make you feel better by trashing the insurance industry and Nationwide especially. With no Personal injury and only a property damage claim to pursue, he wasn't interested in pursuing the case to right some big wrong- that's not making him any money - and that's why he said it wasn't worth suing over. They want INJURIES! Not property claims... Insurance companies in general side with their own policyholders when the accident details are not clear or there's nothing to substantiate one side's story over another. I know you would expect your company to stand behind you in a similar circumstance. Sometimes you need to direct your anger to the REALLY responsible party. Instead of complaining about your situation here. Why not take this gentleman (for lack of a better description) to court yourself. HE wronged you, not Nationwide. If you truly believe you were wronged, write down a complete narrative of what happened in the accident, what you were told by the insurance companies, all of the details, and file a complaint with the State Corporation Commission - Bureau of insurance for the state of Maryland. If you have truly been wronged, they are the ones that have the ability to get Nationwide (or any insurance company) to change their decision.