Southern auto owners

[BryceSteiner]

For the OP: was there any resolution on this?

 

[Redlined0002]

Call the Insurance Commissioner office in Tallahassee and ask them. Auto Owners Insurance is a terrible Insurance company. I am in a lawsuit against them now. Been going on for 4 years.

 

[dougtrr2]

Small claims court might be an option. Collecting the judgement might be a problem. But, in Iowa if the claim is auto related and the person doesn't pay they lose their license. Pretty good incentive to pay up.

Doug in SW IA

 

[tom3]

Some years ago a car ran through the fence on a friend's property. Kind of a shady looking outfit so my buddy blocked the car and told the wrecker driver to get lost. That car stayed right there waiting for some sort of payout from somebody. Car stayed there for some years until he cut it up for scrap, got something out of it anyway.

And here in Ohio if a car rear ends someone and they hit you and you hit the car in front of you, the actual at fault driver is responsible for all of it. But if they have basic liability that usually doesn't cover hardly anything either so your insurance (if you have full coverage) is on the hook.

 

[CliffordK]

Basically backwards.

The party who started the ball rolling by committing the first tort is the one who is primarily 'liable' for resulting damages. There can be, of course, subsuquent intervening causes of damages down the line for which the original tortfeasor is not fully liable.

It is always complex.
Say you stop on the freeway, get rear-ended, and that car gets rear-ended, etc. Each car that rear-ends another is generally at fault. You have to drive your vehicle in a safe manner with a safe following distance.

I don't know what happened in the OP's case. However, say a car was drifting over the median line, and one had a choice of head-on collision, or taking out a fence... the choice should be take out the fence and save a life. Yet, if the other car stayed on the road, it might get away without a scratch. Dashcams may help alter how liability is attributed.

Many farmers deal with fence damage. Usually a couple of posts and a few feet of wire, so not a huge expense, but annoying nonetheless as the fences are almost never put back to original pre-accident, and splicing and stretching wire mid run is a pain. $4500 to $6000 estimate by the OP sounds high, but we lack photos and details. How fast was the driver driving to do so much damage? Local speed limit? They may well have been traveling at an excessive speed.

Around here we have "uninsured motorist coverage" this is supposed to cover damages resulting from an accident with either an uninsured motorist or hit and run.

I'd keep on the insurance company of the driver who you know hit the fence. They can pull the money from either the Liability or Uninsured Motorist pot, but they need to make you whole.

Either that, or get the driver out to do fence work. Fix his own mess.

 

[Mike0616]

^^^^
A woman at a local convenience store had her parked pickup run into while she was working, totaling the vehicle. It was a Canadian trucker that hit her and the cop messed up the paperwork; wrong VIN, or some dumb thing. Once he crossed the border there was nothing they could do, and she didn't have collision insurance.

That story doesn't pass the smell test. So what if they write down the VIN number wrong, they have all the driver's licenses and vehicle plate numbers to work from. Sounds like an urban legend to me, and not a very good one.

 

[2manyrocks]

Recently a vehicle crossed the median, drove through 2 of my fences ( one inside the other ) flattened a picnic table and knocked over some trees.
He was evidently not the at fault driver, ( even though he had to have his vehicle towed off our property)
At fault fled the scene.
Southern auto owners was the insurance carrier of the vehicle which came through the fence and have told us that they are not responsible and will not pay out for our damages.
It’s a nearly vacant lot with only a fruit stand pavilion on it.
Roughly 4500-6000 in damages in my guestimation.
Florida, anyone been in similar predicament?

Go see a local lawyer. I suspect the insurance company is counting on you not suing the guy who was forced off the road into your property. You may have to sue both of them in order to hold either of them responsible.

 

[Jstpssng]

That story doesn't pass the smell test. So what if they write down the VIN number wrong, they have all the driver's licenses and vehicle plate numbers to work from. Sounds like an urban legend to me, and not a very good one.

All that I know is what she told me.
Once he crossed the border, he was home free.

 

[Mike0616]

All that I know is what she told me.
Once he crossed the border, he was home free.

Not saying she was a liar, but......

Also, interesting to know they went through crossing unlike any others. Others have those pesky border patrol agents. Wow! I am impressed!

 

[Jstpssng]

I'

Not saying she was a liar, but......

Also, interesting to know they went through crossing unlike any others. Others have those pesky border patrol agents. Wow! I am impressed!

I'm not sure what you are talking about. Trucks cross the border all of the time.

 

[kthompson]

Call your State's Department of Insurance and talk with them.

 

[bdhsfz6]

Who would be at fault with this one?

This is a absolutely true incident which involved my brother about 15 years ago. Around midnight, he parked his car in front of his apartment and went to bed. While he slept, a drunk apparently thought that parking space was his. He convinced his equally drunk buddies to lift my brothers sub compact car and set it down in the middle of the street so he could have "his" parking spot.

At 2AM, a cop ticketed my brothers car and had it towed. On the way to the impound, the car separated from the tow truck, rolled down the hill and broadsided a parked BMW, totaling both vehicles. The tow truck driver fled the scene.

At 3AM, the cops show up at my brothers apartment and arrested him for hit and run.

My brother, the law, and three different insurance companies duked it out for over two years before it was settled. In the end, my brother was cleared of the charges and under no fault, his insurance company ultimately paid off for his totaled car. He never found out any more details.

Thankfully, there were no injuries or it could have been far worse.