Driver hit chicken, wants us to pay for new bumper

[Coralietg]

Excellent news, I really hope that this is the end of the case for you.

However, I have personal experience of thinking that a litigation was over, only to find that it was being continued because nothing had ever been put in writing to finally end it, despite a verbal agreement between the two parties involved.

I don't want to put a damper on things, but I'm just being practical - don't consider anything 'closed', 'finished' or 'dropped' until you have it in writing. I would consider sending an email or registered letter to their company, requesting written confirmation of your telephone discussion. That way you can be completely certain that it is over.

I was thinking about this earlier. I will make sure that if we don't get anything in writing, I will have my partner call and request it from the subrogation agent. We have kept a paper trail thus far, it would be silly to let it slide now!

 

[KayTee]

Don't call - get an email or postal address and send your own letter in writing stating what they told you verbally, and requesting written confirmation. It is much easier for them to deny receiving a phone call than an email or registered letter.

 

[boskelli1571]

Congratulations! Your persistence has paid off - some people can be so devious. Makes me wonder exactly who/what they did originally hit to cause the damage in the first place..........

Hope this is the end.........................Sue

 

[Granny Hatchet]

your persistence saves us all from a rate hike . more people should learn from this. stand up for whats right. long battle but well won.

 

[MaPa26]

Sounds wonderful. I know this has been a huge headache for you and I pray it is finally over, too. Keeping everything documented is an excellent thing to do; records of when you talked to people and their names, along with written confirmation that the insurance claim has been dropped. If by some chance this person tries to take you to court, you should have everything you need to make sure they don't have a leg to stand on.

 

[buckbye]

Great news! Hope that driver feels like an idiot.

So wait, your insurance company was about to pay out and raise your rates--without even knowing that this woman failed to report the "accident" in a timely manner and even broke the law? Sounds like it's time to go insurance shopping....

 

[BigECarter]

I suspect that there was a pattern of frivolous claims when they looked at the driver's record.

 

[Coralietg]

I have no clue what their insurance saw that made them change their mind.

Obviously, the driver can still sue us in small claims. I think that the fact THEIR insurance decided not to pursue us, is telling though. It's not like OUR insurance had refused to pay, then they would try suing us.

I will definitely update if we get served with court papers, lol.

 

[MaPa26]

I have no clue what their insurance saw that made them change their mind.

Obviously, the driver can still sue us in small claims. I think that the fact THEIR insurance decided not to pursue us, is telling though. It's not like OUR insurance had refused to pay, then they would try suing us.

I will definitely update if we get served with court papers, lol.

It wouldn't hurt to ask them (why THEIR insurance decided not to pursue a claim). When my daughter was involved in an accident, the lady who pulled out in front of her got a ticket and she was to go to court. When my husband talked to her insurance company, they told him that they were in the process of cancelling her insurance because of the number of accidents she had been involved in and her license may be revoked. On the court date, my daughter and my husband showed up, and I don't think she was expecting them to. She kept trying to say that my daughter pulled out in front of HER. People just lie through their teeth. She was so ignorant. My daughter was on a "through" street and said the lady was stopped at a stop sign and pulled out in front of her when it was too late to stop. At first the lady said she didn't see my daughter (in her red car). Then she tried to blame my daughter. The police report had the whole story and the judge revoked the lady's license.

If the "speeder" (as I will call your chicken-hitter) takes you to court, I should think she won't get a dime from you; even if she shows up claiming she hurt her back and had pain and suffering. (This is why I would want everything in writing about the claim and that it was dropped- and why. A statement from the sheriff would be good, too.) There is nothing you can do about the aggravation they have caused you. With 99% of the people who would hit a chicken, even by accident, you would not have had such difficulty. But there are those people out there who are always looking for an "angle" and a way to profit from their own mistakes. I would bet a million dollars that your chicken did not RUN out in front of that car. In my opinion, that would be the only reason a normal person would hit an animal in the road. That person was most likely speeding and probably not even paying attention to the road. Good luck. I hope you never hear from that person, again.

 

[RTFchickens]

I just came across this thread. I few years ago I hit an airborne wild turkey with my Toyota Camry. I was driving to work on the highway doing 70 mph. It was dark as the sun was just coming up in the morning. Turkey was hit by the car in front of me, landed on the hood of my car, slid up my windshield, and continued on to the car behind me!!! It was quite the experience! There is a small dent on the hood of my car that makes me laugh every time I see it. The odds of this happening are what? 1:1,000,000,000?
Anyway, my point is this, large turkey at 70mph = small dent. Bantam chicken at 20mph = someone is looking to make a false insurance claim!!!