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 cuda1179 wrote:
I'm just wondering how big of a Jerk the DA is considering the attorney I was talking to is literally less than 10 miles from the county border, and less than 18 from that county's courthouse. How jaded do you need be to refuse a case is the neighboring town?

It isn't necessarily the DA, its about the kind of law the lawyer practices. Most of the ones I've met are terrified at the idea of going to court. They write letters (for a hefty fee), plea down traffic tickets, but actual litigation scares them.

When I had to lawyer up, I was able to draw upon my friend network to find a pugilist who was always spoiling for a fight. Rather enjoys it. He lived up to his reputation and had the other side reeling. We never did see court and that's probably the only time I've seen a state agency tuck its tail and run.

Good luck and keep in mind that overcharging is usually just a strong-arm tactic to force a plea, and it can backfire badly with a skilled defense. There are established guidelines for first-time offenders that make jail sentences very rare. At least 'round here, judges bend over backwards for diversion programs even for violent offenders.

Alas, that kind of representation is not cheap, so maybe setup a fund-raiser.

Well, more developments. Looks like the construction company opted for a double dose of insurance fraud and fraud on the courts, and the pictures I took the day of the accident are paying off.

Construction company initially claimed I drove through 1400 feet of concrete, and I alone was responsible for $210,000 of damage. My well documented pictures clearly show it was, at most, 800 feet.

The company also submitted pictures of the barriers I ignored. This included a fence, 4 signs, 4 metal/wood barricades, and about 16 sandbags. Were they there when I took pictures the day of the incident? Nope. In fact, if you look in the background the utility poles in my pics have no horizontal supports, and only two power lines. In their pictures? Horizontal supports and 7 power lines. This isn't even the same road.

After my insurance rep and lawyer pointed out these discrepancies, the total damage somehow dropped to only $48,000, including damage done by the other party. My insurance guts are both frustrated and amused by this. According to them, no matter what, my coverage is enough and my insurance rates won't even increase.

Nice.
Also that construction company should be named and shamed.

I know this won’t necessarily apply in the US?

But under UK Law, such blatant attempts to inflate a claim would scupper them in the whole.

There’s a term for it I can’t properly recall, but it’s to do with just how dishonest you’ve been. Mildly inflating a claim (for instance, you claimed your tyres were brand new, but they were in fact two years old with high mileage) might bugger that specific head of loss. But when you tell massive porkies from the get go, especially providing manufactured evidence? You can lose the entire claim.


Automatically Appended Next Post:
But on Cuda’s point about their photos of the incident on the day paying off?

I cannot stress enough how much of a good idea that is.

In my insurance days many years ago now, dashcams and smartphones did exist, but weren’t nearly as common as they are today. Which could make defending inflated claims tricky.

For instance? You’ve rear ended someone, and hold you hands up as being at fault. You exchange details with the other driver. Yet, when the costs are being addressed in the claim? There are five** Personal Injury claims for whiplash and Mycoxafloppin.

You’re absolutely sure there was only the driver, but unless you can film or photograph the scene? It’s a right sod, but not impossible, to prove that to a sufficient degree unless you’ve a supporting, independent witness*

*As in someone unknown to both parties, with no basis for a claim for either ideally***

**Though my record on a claim was 8 Personal Injury and Mycoxafloppin claims….from a Mini. Yes that was a piece of piss to deny for all except the Driver, as they were the only party that was definitely there.

***Except in Scotland, where anyone can be a witness. No I don’t know why.

Nice to see some good news today.

Agreed, this seems to be the best possible outcome, especially after an honest mistake. Hopefully the stress will lift now.

@ MDG - Its because we are so inherently trustworthy up here

This seems like a pretty clear case of fraud to me. You should report it to the police if your insurance company hasn't already done so. Somebody at that construction company made a deliberate decision to defraud you, and has definitely committed a crime.