Driver hit chicken, wants us to pay for new bumper

[Coralietg]

Partner spoke to our insurance agent today. He said we would have to prove she was speeding, which would be very difficult. Told us that if they got the claim through, they would just pay it, so he recommended us contact her with payment.

I am sick and upset to the point I don't want to live here anymore. It's bad enough hearing people tear up and down the road day in day out, now we're out $500. We are a frugal family, chickens were part of that, 2 weeks before Christmas and we'll be $500 down.

Thank you for everyone input, I've really appreciated it.

 

[Dreyadin]

If speeding is a problem.. you can ask if the police if they would keep an eye on it. It's rough now as many have less staff.. but it doesn't hurt to ask. I did at our previous house as we had people tearing through the neighborhood (many close calls with the crossing guards- it was that bad.) They put out that speed detector thing.. and then one cop went out of his way to be there twice a day during the busiest times (elementary school was just a few block away.)

Make sure she's paid w/ a check (memo on it for the car) or money order-also noted... just not cash. Or have the body shop send you the bill.

 

[Sonoran Silkies]

If you let insurance pay, you will not be out any dollars. Deductibles ONLY apply when YOU are getting paid for a loss you incurred; Not when the loss is someone else's.

 

[Coralietg]

If you let insurance pay, you will not be out any dollars. Deductibles ONLY apply when YOU are getting paid for a loss you incurred; Not when the loss is someone else's.

If we let insurance pay, it will count as a claim against us. My partner hasn't had a claim in over 20 years, and he doesn't want his rates going up over $500.

 

[TTracy]

Quote: You need a new insurance agent!
Speed can be determined by how much damage was done to the car. A car hitting an object at 25 mph isnt going to as much damage as a car going say 55 mph.
Did you see the car hit your chicken? If you did, then wouldnt it be your word against his? If you saw him hit your chicken, then you saw him speeding. If you didnt see him hit your chicken, then how do you know he was the one that hit your chicken??? Can he prove that he hit your chicken? Can he prove that the damage done to his car was done by your chicken?
This sounds like a scam to me. The burden of proof is on them, not you.
I wouldnt pay them a DIME! Let them take you to small claims.
At least in court you have the right to demand up to 3 estimates from 3 different lic. mechanics. So if you do lose, you would pay the LOWEST estimate!

Its too bad you are not in Europe...then YOU could have sued THEM for your chicken and all the eggs that chicken would have laid in her lifetime.

 

[Coralietg]

We have realized our insurance agent isn't interested in keeping us as clients. He told us it wasn't worth fighting over $500 so they would just pay it. We would be glad to let it go to small claims court, but they are putting it through their insurance and their insurance will come after us.

I know it was our chicken, we were at fault for it being in the road. But speed WAS a factor. Last year I saw a pick-up truck hit one of our chickens in the road, he had to have been doing 45-50mph. The chicken was a smear on the road, he didn't slow at all.
I'm sure they didn't think the chicken would damage their car, so they didn't slow down. There was no attempt to slow, no skid marks. My partner didn't witness the actual hit, but he heard it in the kitchen. He heard the car come around the corner, and accelerate, as most of the cars here do.

I love driving down our road, and seeing people rapidly gain on me. Then they have to sit behind me while I trundle along at 20mph.

 

[TTracy]

It wouldn't hurt for you to call a lawyer and get a free consultation. Most lawyers offer that.

 

[flockanuts]

It is my PERSONAL opinion that you shouldn't pay them a ****** dime!!!! Rip-off artists. I really can't believe they are sending it to their insurance company. Ask for a copy of the claim!!! Get proof!! Sorry for the language but stuff like this really makes me angry!!!!!

 

[buckbye]

Look into this person's background and prior contact with the legal system, both civil and criminal.

 

[Mtn Laurel]

If enough people in your neighborhood complain about people speeding down your road, local law enforcement should do something to monitor and catch some of the speeders. That has occurred where I live and - when we complain as a group - the police will put up a speed trap for a while to catch the chronic offenders. That slows them down for a while, at least.

Once a claim is submitted to an insurance company, it's like a runaway train. There's really no way to stop the progression. They will look for the least expensive way to close a claim and sometimes that means making a small payment instead of having a long and even more expensive investigation. That's pretty much a standard operating procedure for all insurance companies. It would make sense for the other party to claim this under their own coverage as that's the quickest and easiest option for them. Unfortunately for you, that will instigate subrogation - where their carrier files a claim against your insurance. At that point it's an insurance-to-insurance matter and they will settle it amongst themselves.

Speeding is very hard to prove, especially in this situation. I'm not sure that the lack of skid marks would indicate speeding as many - including myself - would not swerve or hit the brakes if a small animal popped into the road no matter if I was doing the limit or not. I'm not going to risk running off the road or jamming up my brakes and possibly causing another accident for a small animal. Not that I don't love small animals but rather that I've seen too many accidents caused by people trying to avoid small animals in the road.

This is a really unfortunate situation and I'm sorry you're having to go through this.