Lawyer help? that damn fender bender...PLEASE ADVISE

[Guest011214]

so u remember, I was backing out at hyvee, he was behind me and backed out right into me

so he has state farm. they determine it was 50/50 we hit each other.

so I get??? shit!
he has no damage, and now I have to pay for my car to be fixed and he doesn't owe me a penny? where is the 50/50 in that? sounds like I am out %100 to me

I just had $1500 worth of dental work and now this........I am just infuriated ......why cant I ever get a break>!

do I have any recourse? I just cant believe that's how "Kansas law" is written the old fart said

[Helicopter206]

Kansas Law's are all written for the insurance company to come out on top.
Sorry
Look at it this way, like your at the casino. the insurance company is the casino.
You are betting you won't be in or have a accident. (you place your bet every month) Payment.
But the insurance company is betting that you won't. So they win. (you paid them)
if they lose, you have to pay more, and your deductible.
Have you caught on yet. they are winning the whole time.
Insurance company's are the biggest rip-offs that the government stands behind.
you drive for years and nothing ever happens, but you have to keep paying for insurance to drive, state law...
I worked for Farmers Insurance for eight years. I had a fire at my Apt. I had 100% replacement
they sent out all my stuff to get washed and treated for smoke.
and the stuff that could not be replaced, they gave me pennies on the dollar.
I got screwed really bad. I canceled my policy with Farmers, and I worked for them... Really

So I know what your going through, and it suck's... and not in a good way...


.

[Rodneykc]

Banks & insurance companies rule everything :-!

[green_betta]

sounds like something I've gone through before. 50/50 means you are both equally at fault, therefore it cancels out any reason the other party would have to pay for your damage. if it were the other way around i'm sure you or your insurance wouldn't want to pay up either.

by no means am i defending the insurance companies and their policies, but I've had enough experience with them to know how they operate and sadly, it really isn't ever in our favor.

get a truck or suv, and the little cars won't stand a chance

[Misawahawk]

He is in his lane of travel and you are backing out. You have to make sure that the path is clear prior to moving. The only way it could be his fault is if he was driving too fast and you have a witness. You could file a claim with your insurance (if u have collision) pay ur deductible and have them try to get the money back. Or you could get an estimate and go to small claims court. I'd probably just forget about it, too much hassle to probably lose.

[bikebryan]

Originally Posted by Misawahawk

He is in his lane of travel and you are backing out. You have to make sure that the path is clear prior to moving. The only way it could be his fault is if he was driving too fast and you have a witness. You could file a claim with your insurance (if u have collision) pay ur deductible and have them try to get the money back. Or you could get an estimate and go to small claims court. I'd probably just forget about it, too much hassle to probably lose.

This sounds simple enough, but is much more complicated. In many states, the last person who could have prevented the accident is often found at fault. So if the person in the lane of travel could have prevented the accident by stopping when they saw the other car backing into the lane, then the person in the lane of traffic could be found at fault. I've seen this happen right here in Kansas. I backed into a person who was not there when I checked but whipped behind me as I started backing out. They had plenty of time to stop. My insurance didn't pay a dime and his insurance didn't come after me. The other driver was deemed at fault.

[BigMikeinKC]

Depending on the amount of damage, a fender bender repair is likely less to repair than the cost of a lawyer. Insurance companies know this.

Possible recourse is to call them and ask for all the records as you are going to report the actions to the Kansas Insurance Commission. Although the commission probably won't take your side, as it is a front for the insurance companies, it is a hassle for State Farm or whoever, to fill out all the forms and deal with the "investigation". If your repair cost is low enough, they most likely will settle so they don't have to deal with it.

[Enchanterlingum]

You ain't seen nothin yet. Just wait until the multi-trillion dollar a year giveaway to the health insurance companies kicks in.