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  #1  
Old 05-16-2011, 10:16 AM
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BIRD DOG BIRD DOG is offline
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Default Car and ATV accident
Need a little legal advice.Yesterday my wife hit two kids on a 4wheeler,kids were fine.My wife has cuts all over her arms and face from windshield and drivers window shattering.Shes sore all over and we were in ER till midnight. Car (08 Nissan Altima)looks totaled to me but Im sure it can be fixed.Other than everyone bein all shook up they are ok!Kids were issued a citation and parents were pissed at my wife,said she should have been looking for them.My insurance will cover car and hospital bills but I dont think they should have to!How does this work?What happens now?Is court the only way?
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  #2  
Old 05-16-2011, 10:17 AM
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I forgot to mention that my wifes 6 months pregnant!
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  #3  
Old 05-16-2011, 10:24 AM
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If the Atv was on a public highway then it's a no brainer they are at fault. But no tellin these days.
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  #4  
Old 05-16-2011, 10:24 AM
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Glad to hear noone was hurt. I handle cases like this outside of my department for insurance companies and lawyers. Are you looking for some kind of monetary embursment for the other family? If so then yes you will meed to file a suit against them. You will need to communicate with your insurance company to see what their policy is to see if they are going to pay for the damages to your vehicle. They may also file suit over damages. They will tell you if the other party had insurance on the atv. Some people do have their atvs insured through their home owners. If you have anymore questions feel free to ask. I usually get 250 bucks and hour for the info you got, but I will waive the fee this time, LOL! Good luck!
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  #5  
Old 05-16-2011, 10:29 AM
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Off road ATV on Public road is illegal...100% ATV fault and your insurance should not have to cover it...There insurance should.. I would go after the parents home owners. Get a lawyer because this its the parents fault if the kids are under 18
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  #6  
Old 05-16-2011, 10:44 AM
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If there is no homeowners or ATV insurance, your uninsured motorist should cover this. Thank God everyone is ok! If ya need some help on the collision side, advice or whatever, let me know. Not trying to scurry business but, I'll be glad to answer any questions you may have. I deal with collision and insurance companies daily.

Also, you may get with Raymond. He's an agent and could likely tell you more than most here.
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  #7  
Old 05-16-2011, 10:54 AM
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Quote:
Originally Posted by southern151 View Post
If there is no homeowners or ATV insurance, your uninsured motorist should cover this. Thank God everyone is ok! If ya need some help on the collision side, advice or whatever, let me know. Not trying to scurry business but, I'll be glad to answer any questions you may have. I deal with collision and insurance companies daily.

Also, you may get with Raymond. He's an agent and could likely tell you more than most here.
Winner, Winner Chicken Dinner!!!
Corey, you hit the nail on the proverbial Head. Homeowners insurance does not cover atv's. Best bet would be to let your insurance company pay for the damages less deductible, they will subbrogate with claimant to get their money back and if they do you will get your deductible back. This way will be way faster and cleaner than hiring an attorney. Glad your wife is okay.
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  #8  
Old 05-16-2011, 11:17 AM
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Yea no doubt whos at fault here.I was just curious about what would cover a 15 year old kid on a 4wheeler b/c my insurance shouldnt HAVE to handle it.I have already contacted them and they are sending an adjuster and a rental car as we speak! Thanks for all the advice guys!
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  #9  
Old 05-16-2011, 12:04 PM
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Yea no doubt whos at fault here.I was just curious about what would cover a 15 year old kid on a 4wheeler b/c my insurance shouldnt HAVE to handle it.I have already contacted them and they are sending an adjuster and a rental car as we speak! Thanks for all the advice guys!

Any bodily injury to the other party will be handled by their insurance since they were at fault. Your auto policy will cover your wife and car and either get reimbursed from insurance or judgement.
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  #10  
Old 05-16-2011, 01:51 PM
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Thanks
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  #11  
Old 05-16-2011, 04:01 PM
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Originally Posted by BIRD DOG View Post
Need a little legal advice.Yesterday my wife hit two kids on a 4wheeler,kids were fine.My wife has cuts all over her arms and face from windshield and drivers window shattering.Shes sore all over and we were in ER till midnight. Car (08 Nissan Altima)looks totaled to me but Im sure it can be fixed.Other than everyone bein all shook up they are ok!Kids were issued a citation and parents were pissed at my wife,said she should have been looking for them.My insurance will cover car and hospital bills but I dont think they should have to!How does this work?What happens now?Is court the only way?
Parents of the kids are pissed???
They can get glad in the same drawers they got mad in!
They should be arrested for letting unsupervised minors ride the dang thing in the street.
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  #12  
Old 05-16-2011, 05:56 PM
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I would whoop them kids azzes then whoop the parents arse .....
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  #13  
Old 05-16-2011, 09:44 PM
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I would whoop them kids azzes then whoop the parents arse .....
The dad and I started to get into but the cop intervened and told him I was right!
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  #14  
Old 05-21-2011, 08:54 PM
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Any news on the wreck?
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  #15  
Old 05-21-2011, 09:51 PM
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Cars in shop,our insurance had to cover it.Not sure whats gonna happen with her hospital bills.Guess Geico will go after them for it.
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