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re: Wife involved in hit-and-run

Posted on 12/3/23 at 12:39 pm to
Posted by viv1d
Member since Aug 2017
1617 posts
Posted on 12/3/23 at 12:39 pm to
Give letter to your insurance that's why you pay them every month. They have lawyers.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51805 posts
Posted on 12/3/23 at 12:43 pm to
quote:

quote:

Yeah, that’s kinda the point of this thread. No idea why we were even contacted by their insurance. This should be an insurance v. insurance matter.


If the other insurance is denying your claim they have to notify you that it’s denied. Some states require a letter to be sent, some require just a phone call for denial. Pretty much all of them send denials via letter though.

Your insurance company will just pursue it through arb and may contact you for an additional recorded statement though.


This. Contact your insurance company to let them know about this and let them handle it (that's part of what they are there for).
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423378 posts
Posted on 12/3/23 at 1:06 pm to
quote:

But they're not saying "do this or I'll do that." They're saying "you choose."

Literally the same thing

You cannot condition filing a police report. That's extortion.
Posted by newmexicotiger
Member since Sep 2017
2334 posts
Posted on 12/3/23 at 1:50 pm to
Pics of wifes injuries. I'm not a doctor but I watch Grey's Anatomy and House.
Posted by RoyalWe
Prairieville, LA
Member since Mar 2018
3135 posts
Posted on 12/3/23 at 3:28 pm to
There's nothing illegal here. You're offering a settlement or you will use the legal system. Both of these are legal pathways. You're not forcing the former, and the later is, by definition, legal.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423378 posts
Posted on 12/3/23 at 3:31 pm to
quote:

You're offering a settlement or you will use the legal system.

This is only legal if you threaten them with a civil suit.

You can't threaten conditional action with criminal stuff. You can't offer/request anything in exchange for not taking action criminally.

As my cite stated earlier:

quote:

It is extortion if the defendant tells the victim that they will call the police and accuse them of breaking the law if the victim doesn’t pay him money or do something for him. It is illegal to get paid off to not turn someone in.
This post was edited on 12/3/23 at 3:32 pm
Posted by Finch
Member since Jun 2015
3155 posts
Posted on 12/3/23 at 4:03 pm to
Does your wife have contact information for the car that took the pictures?

Did she file a police report?
Posted by Rabby
Member since Mar 2021
586 posts
Posted on 12/3/23 at 6:55 pm to
quote:

I’m confused as to what exact the issue is here. As you clearly stated above, the police used video evidence from the car behind the perp to identify both driver and vehicle. It’s in the accident report, which states the driver is at fault….
WELL DONE!

And for the long list of people who failed to notice the important information before bloviating with baseless opinions:
quote:

but luckily, the car behind her (Cadillac) actually had a pic of the perpetrators tag from camera which was used in the police report and ultimately, to name the perp.
Posted by Twenty 49
Shreveport
Member since Jun 2014
18804 posts
Posted on 12/3/23 at 7:51 pm to
The pic of the tag tells you who owns the car but not who was driving it at the time. Was there a pic of the driver, or is everyone assuming that only the registered owner of vehicles drive them?
Posted by BeepNode
Lafayette
Member since Feb 2014
10005 posts
Posted on 12/3/23 at 8:04 pm to
gvhjbknml
This post was edited on 12/31/23 at 11:29 pm
Posted by Tigers2287
Member since Apr 2023
19 posts
Posted on 12/3/23 at 10:08 pm to
quote:

The pic of the tag tells you who owns the car but not who was driving it at the time. Was there a pic of the driver, or is everyone assuming that only the registered owner of vehicles drive them?


Would that even matter??? Unless the person is personally excluded from driving the vehicle. No criminal charges were filed.
This post was edited on 12/3/23 at 10:09 pm
Posted by 3deadtrolls
lafayette
Member since Jan 2014
5737 posts
Posted on 12/3/23 at 10:57 pm to
You have no reason to talk to their insurance company. That's what you pay your insurance company for.
Posted by Errerrerrwere
Member since Aug 2015
38326 posts
Posted on 12/4/23 at 12:06 am to
The judge will want to see the damages to your property were covered. Not going to look good on the perp during court if it isn't to your liking.

In other words, when there is damages judges want them made whole.
Posted by Rabby
Member since Mar 2021
586 posts
Posted on 12/4/23 at 12:39 am to
quote:


The pic of the tag tells you who owns the car but not who was driving it at the time. Was there a pic of the driver, or is everyone assuming that only the registered owner of vehicles drive them?



quote:

but luckily, the car behind her (Cadillac) actually had a pic of the perpetrators tag from camera which was used in the police report and ultimately, to name the perp.

Why do you assume that the image was restricted to the license plate and failed to depict the driver?

Apparently, between the statement of the witness who supplied the image and the image, someone was able to "name the perp."
Posted by AcadieAnne
Where I drink and know nothing.
Member since May 2019
859 posts
Posted on 12/4/23 at 1:03 am to
Tell them to take it through your insurance. That's what you pay them for.

Make sure your insurance has actual the dash cam footage from the Caddy and the police report. Beyond that, it's not your problem.
Posted by Gideon Swashbuckler
Member since Sep 2019
5802 posts
Posted on 12/4/23 at 3:01 am to
Insurance companies are in business to collect premiums, not pay claims.
Posted by Strannix
District 11
Member since Dec 2012
49020 posts
Posted on 12/4/23 at 3:52 am to
Call the police duh
Posted by jimmy the leg
Member since Aug 2007
34347 posts
Posted on 12/4/23 at 6:50 am to
5 pages, and so few posts about the title…

quote:

Wife involved in hit-and-run




The OT is slipping.
Posted by Rabby
Member since Mar 2021
586 posts
Posted on 12/5/23 at 2:23 pm to
Besides, the civil liability for the costs of repairing the damage follows the policy of the vehicle involved - even if the driver is not certain. So a witness with a clear image of the plate pretty much puts the claim beyond the preponderance of evidence threshold in my experience.

Thanks to the Caddy driver for doing the right thing!
Posted by Boudreaux35
BR
Member since Sep 2007
21578 posts
Posted on 12/5/23 at 2:28 pm to
quote:

We’ve already received a check from our insurance


Cash 'dat! Now!
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