The "Drive thru Window" At Skydoc_17's House Is Now Open!

[Hummingbird]

Getting a lawyer is REAL easy to say, not so easy when you look for one that will work for you.

Lawyers are a picky group, they pick the cases where they can make the most for themselves and in doing that they get the most for the consumer (you).

If you have trouble getting a lawyer to handle this incident for you then a trip to your local prosecuting attorney would be in order and present your case to him. He/she could be an invaluable source of information and help especially since you are the 'victim'

 

The bottom line is to GET A LAWYER !!

 

Good luck Earl

 

Dick

[dacheedah]

Don't care that his insurance has this as a writer, http://web.law.und.edu/LawReview/issues/web_assets/pdf/87/87-2/87ndlr233.pdf

 

1:) Does your state recognize this as a defense, if not it can not be raised.

 

2:) The driver must prove that such a condition existed, if they have had previous seizures and claim a seizure the defense won't work because it was foreseeable, insurance back on the hook. Ask your agent to provide you with the documents that prove the condition, the medical records from the ambulance . . . see if he blinks, can't tell you you can't have it they must prove it to claim it so you are entitled to it.

 

3:) If their car insurance doesn't cover it, do they have homeowners insurance?? They might be next on the hook.

 

4:) They are still liable to make you whole, no other way around it. I would not get a lawyer until you absolutely need it. You don't want them to get the 1/3 cost of repair and be on the hook for that if you don't need to.

[jakester]

Most homeowners policies have coverage for living somewhere else if *the house is concitered un-livable. Check the drivers homeowners insurance for liability clause*It is not restricted to location.....in other words....the drivers liability follows the insured. You can file on your homeowners and they will subregate to the driver for reinbursement...You will be out your deductible and will go as a claim on your policy that can effect renewal rates. You may have trauma from the accident, does your neck hurt? headaches? The loss may not stop at the property.

[SilvrT]

Sorry to hear about this Earl ... glad nobody in the house was injured.

 

I disagree with anyone saying "don't contact a lawyer". This IMO is the first thing that I would do because Ins co's are there to cover their own butt first and if they can see a way out, they will take it. Not sure about your area but around here there are lawyers who will take a case and get their payment at the end, out of the settlement, which usually includes costs (legal fees). If they don't win the case, they get nothing (generally that doesn't happen).

 

I can say the above as I've had first hand experience with this. My ex-g/f would have gotten basically nothing from a car accident if she hadn't contacted a lawyer. Even with that, the ins co tried their damndest to rip her off ... to no avail.

 

Talk to a lawyer ... initial consultations are usually free. Make sure you get one that is experienced in insurance claims.

 

(just my 3.2 cents ... becoz Can pennies cost 1.6 cents to make)

[Venturous Randy]

You may have trauma from the accident, does your neck hurt? headaches? The loss may not stop at the property.

 

Yeah, and don't forget the "Loss of consortium" thing.

RandyA

[Yamamike]

Hey Earl...the guy who hit your house wouldn't be insured by the same company as you, would he? That could cause you grief! If not, your insurance should be going after this guy, not you!!

[Venture n Dixie]

My brother did a short stint as an adjuster. He said they were trained to settle ASAP because the longer it drags out the more it's gonna cost. He also said they wanted to settle before chiropractors got involved because "they are a lifelong commitment."

[ragtop69gs]

COME ON EARL, how many times have i warned you NOT to build your house in the roadway?

 

I hope that guys ins picks up the tab. Good luck.

[CaptainJoe]

Ha... tell him your starting to have back problems from getting knocked over in the crash...

[The Tooch]

 

(just my 3.2 cents ... becoz Can pennies cost 1.6 cents to make)

 

Little off topic here......but it would be your nickel's worth, cause 3.2 cents would get rounded up to 5 cents. As that 1.6 cent penny means there are no more pennies in Canada.

 

Back on topic......Good luck with this Earl and what everyone else says.

[dacheedah]

Sorry to hear about this Earl ... glad nobody in the house was injured.

 

I disagree with anyone saying "don't contact a lawyer". This IMO is the first thing that I would do because Ins co's are there to cover their own butt first and if they can see a way out, they will take it. Not sure about your area but around here there are lawyers who will take a case and get their payment at the end, out of the settlement, which usually includes costs (legal fees). If they don't win the case, they get nothing (generally that doesn't happen).

 

I can say the above as I've had first hand experience with this. My ex-g/f would have gotten basically nothing from a car accident if she hadn't contacted a lawyer. Even with that, the ins co tried their damndest to rip her off ... to no avail.

 

Talk to a lawyer ... initial consultations are usually free. Make sure you get one that is experienced in insurance claims.

 

(just my 3.2 cents ... becoz Can pennies cost 1.6 cents to make)

 

The reason not to start with a lawyer is that if you hire a lawyer, and the defense is not valid in your state, the lawyer negotiates the payment you could have done with a little leg work and they get a 1/3. Now lets say the damages are 10,000. you end up with 6,000. and are out the difference. I suggest keeping a log, everyone you talk to, date and time, every paper you are sent. . . denial . . .

 

They must prove their claim first, in order to do that they must submit medical documents to you and they can't hide behind hipaa to do that. Most states require where they accept the "defense" is that it is unforeseeable. If they were diagnosed as an epileptic and have had a fit, it would be foreseeable that once they have an episode at some point in the future they will have another. If the physician signed off or they signed at the dmv they were in good health waiver when renewing their DL, they would have misrepresented the truth. Next if your state does not accept this as a defense, you should have that conversation with your agent.

 

Since they must prove it to your agent, ask him for the documents as it's his responsibility to defend the insured's best interest. My next question is what company insures the other party? Car and homeowner? If they are both covered by the same insurance company that would be good to know. Next every state has a department that regulates insurance and they can provide some good information to you including your rights to have the incident reviewed. When all is done you should have a binder with facts and information, if you end up having to take that to a lawyer not only will it help your case but it will reduce their billable hours.

 

Use your tax paid employees first,

http://www.insurance.pa.gov/portal/server.pt/community/insurance_department/4679

 

http://palawblog.stark-stark.com/2010/11/articles/personal-injury/sudden-medical-emergency-doctrine/

 

know your rights, you may be entitled to have your case reviewed or investigated.

 

I'm not against going to a lawyer, just not up front. If anyone tells you something 1) request it in writing, if they are telling you the truth they have nothing to hide 2) It will at some point prove useful to you in the future because it will lock their position and it will help you and other parties not mis-speak. 3) if they raised this as a defense they must medically prove that a) a condition caused the incident and b) that they did not know the condition existed c) they took an ambulance ride as a result of the accident and were evaluated.

[headdoc]

Hi, Earl

 

Let me know if you need any help on what they may not cover. I have a small backhoe if you need to dig around the foundation.

Don't hesitate to give me a call if you need help.

Good luck with the ins.company.

Mark

[SilvrT]

The reason not to start with a lawyer is that if you hire a lawyer, and the defense is not valid in your state, the lawyer negotiates the payment you could have done with a little leg work and they get a 1/3. Now lets say the damages are 10,000. you end up with 6,000. and are out the difference.

 

I forgot ... things are different "down south".

[SilvrT]

Little off topic here......but it would be your nickel's worth, cause 3.2 cents would get rounded up to 5 cents. As that 1.6 cent penny means there are no more pennies in Canada.

 

Back on topic......Good luck with this Earl and what everyone else says.

 

Wrong ... I have tons of 'em

[bongobobny]

Yah!! Jars full!!!

[spke]

One word - Private adjuster! well maybe two words.

 

Do not EVER deal directly with the ins co. Their function in life is to give you as little as possible, and worse than that, they are VERY good at it.

 

We had a house fire and the priv adjuster got us about $50K more than ins co was offering and that was after his expenses.

[bongobobny]

Good advice!!

[Snaggletooth]

I got to say the there must be something that attracts drivers to homes of bike owners.

 

Remember when Godlover had uninvited guests in his garage?

 

Makes a guys wanna live a mile from the road down a dirt path.

 

We have a family here that has had their house hit three times by drivers missing the curve. They finally set a row of sawed off telephone poles all around the property to fend off the cars. Set in the ground 6 foot deep, four feet tall and 8 foot apart. So far so good. Haven't seen them on the news for a while.

[reddevilmedic]

i would have shot him for trespassing! does a knuckle sandwich count as a "sudden medical condition?" EEEAAAARRRRLLLLL, good luck buddy!

[skydoc_17]

Thanks for all of the great replies! The power finally got turned back on Friday. We spent the night at the house Friday night. The adjuster had an engineer come to the house, he said that there was a problem with the foundation, and would need to be fixed at my cost before the repairs would be accepted. This has turned into a TOTAL nightmare.

About 8 grand in damages, plus about $2500.00 out of my pocket to repair the foundation. The adjuster has turned out to be a real jerk. I'll keep you posted as to how this plays out.

Earl and Jean

[Miles]

Earl, without having seen your home in person...me...not you......I believe I know what the adjuster was talking about when it came to the problem with your homes' foundation, and why they are saying that YOU need to pay for repairs to remedy this problem with the foundation...prior to the insurance company covering the costs of repairs that the car caused to your home.

 

I recommend that you get a "written" inspection report from your insurance adjuster...that explains the problem with your foundation...that "they" believe is something that you have to pay to remedy. Then...call up a few different Home Inspection companies in your area, find a very good quality Home Inspector...and have him do a foundation inspection on your home. Do NOT show him the insurance company's written report in advance of his inspection. Also, tell him that you only want the foundation inspected...not for damage caused by the car crashing into it, but for deficiencies that were present PRIOR to the car crashing into your home.

 

Tell the Home Inspector that you want to know if your homes' foundation was up to code...for your area...or not up to code...as per the guidelines that this professional home inspector abides by.

 

Get the written report from the Home Inspector, compare it to the written report from the insurance company...ONLY pertaining to your homes' foundation issues that were present prior to the car crash. If the two reports agree with one another, then...your insurance company "may" have a point. If the two reports do not agree with one another, then your insurance company does not have a point...or a leg to stand on.

 

And, even if the two reports do in fact agree, which as stated above, means your insurance company "may" have a point...that does not mean that they absolutely have a leg to stand on.

 

A judge, by way of an attorney...is going to give more weight to what the independent Home Inspector has to say about your homes' foundation, that he will to the insurance company's point of view.

 

Also...important point here: The insurance company has been insuring your home, taking your money for payments...all the while the home "supposedly" had this deficiency with the foundation...prior to the car crash. That means...in court... that they have "assumed" the position that the home is in good repairs to the point of being insurable. Once they take your money, they cannot change their minds about that.

 

I know that you said very early on about the two different ages of the home, as to two different sections that were built years apart. I would have to believe that they are concerned with the foundation of the older section, and I think I know why.

 

Send me a PM if you want further info.

 

[dogman]

Earl, I'm very sorry to hear all the trouble you are going thru with this crash into your home. It is hard to believe that you would be responsible for any of the repairs.

 

Insurance company's have no problem taking our money, but they hire and train employees to make the least amount of pay outs so the company can keep more of the money. Nothing new here as we all know this.

 

Your being given some great advice from people here. It is a shame that you have to go thru this stress for something that you and your house are zero percent responsible.

 

I wish you all the best for the outcome and repair. Easy for us to say, but with all the frustration and stress you are being forced to go thru, it can affect your quality of life. You need to manage this stress so it will not affect your living. Again easy to say, but harder to implement.

 

I wish you well.

[billmac]

If the problem was their before the accident why didn't your home inspector find it before you bought the home or your insurance company find it before they gave you insurance. Just to show their was nothing wrong with your foundation before the accident.

[wtnewton]

Earl ...

Sorry to have had this happen to you. I hope something has happened in your favor concerning this 'event'! It is obvious you are an innocent party and someone other than you should be on the hook to make you whole again.

Any update?