aroraborealis: (stabby)
[personal profile] aroraborealis
So, I thought the whole bike/door saga was over at the end of last week with the final chapter being me and [livejournal.com profile] signsoflife going to the Somerville Police Station to file an accident report and being told that I couldn't file a report after making a financial settlement (Marcia, aka Ms Door had dropped off a money order at my house on Thursday night). I considered returning her money and filing a report and then decided I'd rather be done with the whole thing and put it all behind me.

Imagine my surprise, then, when I found on the dining room table yesterday an insurance agent's card with a note asking me to call him regarding last Wednesday's accident and a claim number. [livejournal.com profile] fraterrisus tells me it was stuck in the front door when he arrived home on Tuesday night. Obviously Marcia has filed an insurance claim. My hope is that this means I trashed her door. But I'm fretting that this means she's going to try to get money from me. Obviously, insurance guy wasn't in yesterday, so I'm now waiting for him to call me back.

Could she possibly be trying to get money from me? Wouldn't the insurance company, at least, look at the case and go, "No, this won't work."? But for what reason would an insurance guy show up at my door? Should I talk to a lawyer? Should I wait until after I hear from Mr. Insurance?

ARGH!

(no subject)

Date: 2007-07-05 05:37 pm (UTC)
From: [identity profile] moominmolly.livejournal.com
Preface: I totally know nothing about this and am talking out my ass.

But, if you weren't even able to file a police report about the incident because of the money that had changed hands, doesn't that mean that you can no longer be held liable, since you've settled the issue between you?

I bet she found out that the damage to her vehicle was more than her deductible cost and filed a claim, and so the insurance company is required to check out the incident (and therefore talk to you). I really can't imagine that you'd be liable. Do you have your trashed bike still around? Do you have photos of it, and of your bruises?

You were obeying the law and she broke the law. She can't get money from you, I don't think.

(no subject)

Date: 2007-07-05 05:40 pm (UTC)
From: [identity profile] redheadedmuse.livejournal.com
If anything, her insurance company is probably trying to head off a possible lawsuit by offering you money, now that they know she was involved in this accident.

(no subject)

Date: 2007-07-05 05:40 pm (UTC)
From: [identity profile] istemi.livejournal.com
I haven't followed all the details closely, so you may know this already. In MA, in an accident where someone opens a door, the law says it's the fault of the person opening the door. [livejournal.com profile] scholargipsy had a minor accident with another car a few years ago as the opener. Hope that's helpful.

(no subject)

Date: 2007-07-05 05:42 pm (UTC)
From: [identity profile] sandhawke.livejournal.com
Your situation makes me wonder if there is such a thing as a reputable personal injury lawyer.

(no subject)

Date: 2007-07-05 05:43 pm (UTC)
From: [identity profile] darthsunshine.livejournal.com
Based on my own experience, my advice would be that if you think that you might end up needing/wanting to talk to a lawyer, talk to one sooner rather than later. Sooner could still mean "after you hear from Mr. Insurance," but if Mr. Insurance starts asking you questions about the accident, I might be inclined to answer, "I think I'd like to speak to an attorney."

And I have no clue why an insurance guy would be showing up at your door. I would expect phone calls, not personal visits. They might at some point have interest in examining your bike, but I'd still expect a phone call before they just showed up at your door.

I spent 3 weeks after my accident trying to resolve things the "nice" way before I contacted a lawyer. I'm not sure I'd've had any different an outcome if I'd contacted a lawyer sooner, but I'd've had 3 fewer weeks of headache (metaphorical) and frustration as I tried to deal with a bunch of assholes by myself.

I'm so, so sorry that this keeps drawing out for you.

(no subject)

Date: 2007-07-05 05:47 pm (UTC)
From: [identity profile] candle-light.livejournal.com
I'm sorry this is still dragging on. When I had my motorcycle accident where the other person was at fault, I was told by my insurance agent & my lawyer not to answer any questions from the other woman's insurance company or lawyer.

(no subject)

Date: 2007-07-05 06:00 pm (UTC)
blk: (Default)
From: [personal profile] blk
How frustrating to have this not resolved. :(

If I were in that situation, I would seek to find out what the insurance guy wanted to talk about, but definitely on my own terms and comfort level. If I got uncomfortable at any point, then I could always stop ("I need to stop this now; may I get back with you later this week?") and get further outside advice.

(no subject)

Date: 2007-07-05 06:15 pm (UTC)
From: [identity profile] maebeth.livejournal.com
I expect that she got in her car and discovered a big and green pile of black goo on her seat. It ruined her dress and she's asking the car insurance guy to sue you for $2000 to replace it (the dress).

He stopped by because a phone call would be traceable. Before he rejects the claim and cancels her insurance for making frivolous claims, he wants to meet you and find out if you really ARE a witch. If you are, he has someone he wishes you would send black and green goo to.

(no subject)

Date: 2007-07-05 06:29 pm (UTC)
From: [identity profile] wolfkitn.livejournal.com
well, this one wins my vote, because i have no real answer to the question. my typical response to anything connected with insurance agents and accidents is that at best, it all indicates that someone, somewhere, is trying to screw someone else who doesn't deserve to be screwed, and the goal of the potential screwee (in this case, you) should be to evade the situation as thoroghly as possible; but i have no idea what sort of evasive action is called for in this case.

that said, i think that this whole issue should simply go away and stop being a factor in you enjoying your life, and just why hasn't it gotten that idea yet?

i hope it gets the message soon. and best of luck with all of it.

(no subject)

Date: 2007-07-05 06:15 pm (UTC)
From: [identity profile] signsoflife.livejournal.com
I find it extremely sketchy that he showed up at your door, and that would be the first thing I'd address when contacting the insurance agent.

(no subject)

Date: 2007-07-05 06:28 pm (UTC)
From: [identity profile] hammercock.livejournal.com
Honestly? I would consult a lawyer before talking to Marcia's agent, or at least before answering any of his questions.

(no subject)

Date: 2007-07-05 07:55 pm (UTC)
drwex: (Default)
From: [personal profile] drwex
He's almost certainly going to ask to photograph your bicycle. My guess is that this is because she filed a claim (logically, she must have because otherwise where would he have gotten your name/address)?

I don't think it's particularly creepy and I do think you should let him photograph the bike but rather than answer questions out of the blue I do agree you should get more info first and decide if it warrants you talking to a lawyer.

(no subject)

Date: 2007-07-05 08:51 pm (UTC)
From: [identity profile] srl.livejournal.com
Do not pass go, even if you already collected the $200, and call Andrew Fischer before you give Insurance Guy any information. Start keeping a log of what happened and when, if you haven't already. When Insurance Guy calls, find out what you need to about his mission, tell him you need to talk to your lawyer, and call IG back later.

(no subject)

Date: 2007-07-05 08:58 pm (UTC)
From: [identity profile] aroraborealis.livejournal.com
[livejournal.com profile] qwrrty gave me Andrew Fischer's number this afternoon, and I'm waiting for a call back from him.

*fingers crossed*
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