Auto Insurance Claims - Insurance Claim Help

684 Responses to “Auto Insurance Claims”

August 25th, 2008 at 3:51 pm #Nick

Hello,
Is engine non flood damage covered under insurance?
August 27th, 2008 at 1:59 pm #admin

Yes, depending on the circumstances and what kind of damage and what kind of policy. Wear and tear is not covered. Under most auto policies with collision coverage, if you are in an accident and the motor gets smashed, or an engine part like an alternator is smashed, its covered. As far as comprehensive coverage for a motor, vandalism is covered and theft is covered.

If you are talking about “warranty coverage” insurance, thats another story.

Can you tell me exactly what the damage is to the engine and the cause as well as what kind of policy (auto, warranty, rental) you are talking about? If you give me the insurance company name, I may have one of their policies I can look at.

While most auto policies are very similar, there can be slight differences, like who pays for your appraiser if your claim “goes to appraisal”, and whether or not you have to accept aftermarket parts if your car is repaired. If you want to compare auto policies from different companies, you can download them for free at http://www.uclaim.com.

In my opinion, if you are shopping for auto insurance and short on time, don’t compare the wording in the policies. Compare how generous they are when it comes time to pay a claim.
October 2nd, 2008 at 8:41 am #JOE

IF MY CAR WAS PARKED IN A PARKING LOT AND LOCKED AND IT GOT STOLIN AND THERE WAS A KEY LOCKED IN IT ,HIDDEN OF COURSE WOULD THE INSURANCE CO TRY TO DENY MY CLAIM.
October 4th, 2008 at 2:56 pm #admin

I have not heard of that being a reason for denial, but there is always a first, and some adjusters will try anything to deny a claim.

It depends on who the insurer is and their auto policy. I may have one of their policies that I can read for you if you let me know who the insurer is. If I don’t have their policy, you can fax or email me a copy if you like.

I can tell you that the ISO (Insurance Services Office) generic personal auto policy sold by many independent insurance agents has no such exclusion. But most insurers take the ISO policy and edit it to suit their own needs.

If they are a “fair” company and there is no policy exclusion for this circumstance, then they should pay the claim without question. First read your policy exclusions.

Please help yourself and other consumers. Take 60 seconds to give a quick rating on your insurer and/or adjuster on our “Rate Your Adjuster” page.
February 26th, 2009 at 8:32 pm #Valeria Christiansen

My son, a California resident with a California-registered and -insured 1993 Saturn SL1 with approximately 177,000 miles on it, is attending graduate school in Denver, Colorado, and has had his car with him there.

Last Saturday morning, in snow-and-ice conditions, his car, legally parked curbside across the street from his apartment building, took an ugly hit to its left-rear door and fender panel in a multi-vehicle incident.

Since the Saturn was not insured under our policy for collision, a claim is being pursued against the driver of the vehicle that struck it. That insurance carrier has accepted responsibility and sent an “appraiser” to inspect the Saturn and the body shop reported to my son that the pronouncement that the cost of repair to “restore” the vehicle was $2,400. This appraiser has not contacted my son directly at any point.

At the same time, the body shop, to which my son was referred by a Saturn dealership in the area, has told him that they could do a repair that would make his car once again presentable and drivable (but not “restored”) for approximately $1,000.

We understand that my son may very likely be informed by the insurance company (again, it’s the other guy’s carrier) that they will want to “total” his car. The consensus in our family is if we can get the car back in presentable, drivable condition that would be desirable as my son is scheduled to graduate in June and sometime over the following months transition into employment, and having to deal with getting a replacement car right now is untimely and very inconvenient.

The way we see it, getting a late-model used car would be a hit to his finances, because we know the insurer’s payment will nowhere near cover that cost. And the alternative of taking the insurance money which we anticipate will be low to go buy a “cheap” used car, which would likely be as old as the Saturn, but with a completely unknown background and who knows what issues and problems, doesn’t make sense if that same money would allow my son to keep the Saturn, a great little car that has served him beautifully for 6 years already.

What would we have to do to keep the Saturn without it being transformed into “salvage” and/or having insurability problems going forward?
March 1st, 2009 at 9:53 pm #admin

Valeria,

It’s your car and no one can take it from you or put a salvage title on it. Let the insurer take a deduction for salvage value from their settlement to you. That salvage value is negotiable. If the car has no collision or comp coverage, you should have no “insurability” problem. A dented fender does not make the driver more likely to have an accident.

If you are trying to save money on the repair, consider “doing it yourself. Saturn is the only car that has “bolt on” quarter panels (just like fenders on regular cars). And the Saturn parts come pre-painted from the factory so you don’t have to pay a body shop to paint it. I imagine the doors are the same. Your car will have a paint code label somewhere. Ask the dealer where it is. Give the paint code to the dealer parts guy and get a price on the parts. You can also shop for used parts, but it the color does not match, then you have to paint it.
March 26th, 2009 at 3:39 pm #Angela

Unfortunately, my car was stolen last week. I had all my car paperwork inside my car and I’m filling out the equipment form and frankly, I don’t know all the details about my car. Is there somewhere I can pull a report on my car or can I call the dealership to figure out all the specs on my car?

Thanks!
March 26th, 2009 at 4:08 pm #admin

Hello Angela,

Yes check with the dealer or whoever you bought the car from to help you with the details.

Go to your local library or to your dealer to look at a copy of a Kelley Book, or NADA book to see all the options that could have been on your car. The vin number will have some basic information, and your insurer will have that.

You can also go to the Kelley book and NADA book websites to see what options came with the car. If yo don’t know the mileage, you will just have to make a best guess and put in writing it is only a guess.

You may contact Carfax.com to see if their reports give detailed descriptions. They have records from prior insurance claims and repairs from prior owners.

And if you get cheated on the value of your car, consider one of the eBooks on total loss vehicles in the automobile section at http://www.UClaim.com.
March 31st, 2009 at 9:49 am #Candice Morrison

Hello,

I have a 2007 Chevy Aveo that I am making payments on to the bank. I let my boyfriend drive the car to pick up lunch for us the other day. While he was out, he rear ended another car.

The other car has no damage. My car had about $4,000.00 worth of damange. I called in the claim to Met Life. The car was not drivable and was towed away. The company who towed the car stated the if I had the work done there, I would not have to pay the storage fee’s. The adjuster went out, wrote up the paperwork and the shop started the work. The car is now complete, but Met Life is not sure if they will cover the cost.

They are claming that my boyfriend is a regular driver. When I talked to the woman from met life she made me give her a montly estimate of how often he drives it, I told her maybe 1 or twice a month if that… I honestly don’t know how often it is, but i’m guessing its less than that.

He is not listed on my policy or any other policy. She said if he was listed on another policy this wouldn’t be an issue, but because he does not have his own insurance he is a liability??

I called Met Life (just the generic number) and ask how often does some one need to drive my car before I should put them on the policy. They said 4-5 times a month. If they drive it 4-5 times a month I should add them as a driver.

Can you forsee any reason this would be denied? I live in Massachusetts and my boyfriend does not live with me.

I am freaking out, if they do not cover it, I don’t know how I will pay this huge bill.

Also, They called both me and my boyfriend for recorded statements about how often he drives. They said the matter will go in front of a board who will decide. Do you know who this “board” is? also if they do deny it, do I have any kind of appeal I can do?

Thanks for any advice you may have!
March 31st, 2009 at 11:30 am #VADA MILLER

I HAVE BEEN HAVING MAJOR PROBLEMS WITH MY 2003 HONDA CRV. THE DEALER HAS REPLACED THE TRANSMISSION AND SEVERAL OTHER THINGS SUCH AS BOTH FRONT AXELS, BUT THAT HAS NOT COMPLETLY SOLVED THE PROBLEM. MY CAR STILL SHAKES WHEN IT TAKES OFF. THAT’S BAD ENOUGH ON IT’S OWN BUT IT GET’S WORSE. I HAVE HAD IT IN THE SHOP SEVERAL TIMES SINCE OCTOBER AND MY WARRANTY IS RUNNING OUT. IN FACT I ONLY HAVE 20 MORE MILES ON IT. ANOTHER TRIP TO THE DEALERSHIP WILL TAKE UP THOSE 20 MILES. WHAT CAN I DO?
April 1st, 2009 at 1:17 am #admin

Candice,

I don’t know who “the board” is.

You will have to read your policy to see if it defines who is covered. I don’t have a Met Life policy to look at. If you want to email a scanned copy to info@insuranceclaimhelp.org I will look at it for you.

In looking at the ISO auto policy (generic) at UClaim.com product page, I don’t see any definitions of who is an insured in the physical damage section of the policy.

If Met Life denies the claim, make them put it in writing and make them quote the policy language where the definition or exclusion is. If they cover it, but underpay the value of the claim, consider one of the automobile loss eBooks at UClaim.com.

If the Met Life adjuster said the claim was covered and you started repairs, then he can’t come back later and say its not covered, even if the policy says its not covered. This is what lawyers call “estoppel”.
April 1st, 2009 at 1:23 am #admin

Vada,

I guess either get the dealer to put in writing that he will still cover the repairs if the miles go over, or have your car towed to the dealer.

See if you can extend the warranty. Then sell the car
May 2nd, 2009 at 10:24 am #christopher

hello,
i need some help>>>

i purchased a 2006 toyota tacoma brand new. recently i had my truck stolen. i had done a lot of upgrades to the vehicle, but i feel they are undervaluing it. heres the details.
truck only had 14,000 miles on it from me
i purchased an extended factory 100,000 mile bumper bumper warranty. ($1900)
car was in mint condition inside out (seat covers, floor ,mats, wax jobs)
added the following…
premium tires, upgraded rims, grill, brush guard, toyota seat covers, top of the line sound system that didnt alter the vehicle. everything was mounted and made for this specific truck. ($4500)
now i know these are accessories, but they were specificaly for this truck and it did make my truck the best. of course if i were to sell my truck, it would be worth more than the same one stock with zero upgrades or warranty.

so they are valuing my truck like an average joe vehicle. i have AAA.
does any of this ad value? does the warranty ad value? is there anything i can do?
thank you.
May 2nd, 2009 at 12:12 pm #admin

Hello Christopher,

1. In my opinion, if you take a cash settlement instead of replacing the truck, I don’t think the insurer will add for the warranty. However if you tell AAA to replace the truck with exactly what you had and use the same dealer you got the warranty from, you would have a better chance of keeping that warranty? Read your warranty agreement to see what it says “in the event of theft or total loss” to the vehicle.

2. As to the other options/accessories, unless the AAA policy says it will only pay for a “stock” vehicle, then they should add to the value.

3. All this aside, the chances of you still being lowballed are pretty high, especially if AAA used CCC or ADP to value your truck. I suggest you consider the eBook “TOTAL LOSS AUTOMOBILE INSURANCE CLAIM ADVICE AND HELP – FOR INSUREDS” at http://www.uclaim.com/products.asp .
May 13th, 2009 at 10:32 am #alphanumericone

I have a truck that is a couple years old. It received minor damage from my garage door to the front bumper. I received 2 estimates in the $700 to $800 range. My deductible is $250.
What are the implications if I file a claim? Increase in premium? For how long?
I have multiple vehicles, and this one is for “recreational” use, < 5000 miles per year. I have not had a claim in 15 years.

Brian
May 14th, 2009 at 7:28 am #Virginia

I was in an auto accident about a year ago, and my vehicle was totaled. We had gap insurance to cover the cost of the difference between the value and the loan amount; however, the gap insurance company, did not pay the entire amount. They claimed that the vehicle was worth a different amoun than our primary insurance company. We have been trying to resolve this issue for over a year. I believe one of the two companies is trying to rip us off. The gap insurance company said they used a different “book” to get the value than the primary insurance company did. This doesn’t seem right to me…Have you ever heard of this type of discrepancy?
May 15th, 2009 at 12:11 am #admin

Hello Virginia,

Of course. Insurance companies and government tax assessors use whichever guide book suits their purpose whether its to lowball or to highball a valuation. Anyway, your first goal is to deal with the underlying insurer first, and the gap insurer later. You usually have 3 years to file suit on property damage, in spite of what the policy says.

Get yourself the eBook entitled “TOTAL LOSS AUTOMOBILE INSURANCE CLAIM ADVICE AND HELP – FOR INSUREDS” at UClaim.com http://www.uclaim.com in the Products section. Use the techniques in that eBook to discredit the insurers valuation. And use the gap insurers valuation also. (But if the gap insurer used a book, and not CCC or ADP, then the primary insurer will not likely be influenced).

Win or lose with the primary insurer, you can use your new valuation against the gap insurer. If that fails, you will have plenty of evidence for small claims court (no lawyers).
May 15th, 2009 at 1:15 am #admin

Hello Brian (Alphaone),

This is a better question for an agent. Find out if it will increase the premium, and if so, how much and for how long. If you don’t want to alert your own agent, call one in another town, but for your same company.

If you are not at fault in an accident, then your premium should not increase. Was there some negligence or fault by you or your family in this little mishap?
May 15th, 2009 at 7:19 am #alphanumericone

Yes,
I failed to back the truck in far enough and when I closed the garage door it scratched the front bumper. So yes, I suppose I was negligent.
I’ve put in an inquiry w/ my insurance company but have not received a response yet.
My personal opinion is that it would be a travesty if the insurance company increases my premium for a single non-driving incident after 15 years. They’ve made a ton of money from me over the years.

brian
May 17th, 2009 at 5:44 am #Tom

Hi,

I was involved in an auto accident. I was on my bicycle at the time.
Question:

Can I get my bike replaced? It is a high end bike – $ 3,000 msrp, $2400 paid. It is an 2006.

I was traveling along the side of the road and the driver hit me. It is basicly totaled in my eyes. The carbon frame is not visibly cracked or damaged. BUT I feel that the frame has been hit hard enough that I do not trust it to give me the longevity that I expected when I bought it.

The repair estimate is $2000. New bike is $3300.

Now will the evaluate it at the $2400 or the msrp of $3000. Or will they replace it.

Thanks
May 17th, 2009 at 7:48 pm #admin

Brian,

Let us know what they say.
May 17th, 2009 at 8:01 pm #admin

Hello Tom,

The insurer owes the least amount, to repair or replace.

You need some expert opinion on your side, and you need it in writing. If you can get a bicycle dealer to say that the frame will not last as long because of the accident, then that is where you start. Hopefully the insurer won’t hire their own engineer to refute your expert. This will give you a clue as to whether this is a low or high quality insurer.

Oh, and if they do pay to replace the bike, then they have a right to the salvage. So keep that in mind. Also, if it’s some one else’s insurer you are dealing with, if they do agree to total it out, they owe the used market value, not the replacement cost. If its your own insurer and you have Replacement Cost on contents, then you get RCV, if you replace it.
May 19th, 2009 at 4:36 pm #LFR

Hello,

I’m in California. My husband was riding down the freeway on his motorcycle when a pickup one lane over ran over a large piece of metal (about 3 feet by 2 feet) and launched it. It slammed into the side of my husband’s motorcycle, causing some extensive damage. When I went through all of my insurance paperwork I realized that the company had never sent me the full policy. My question is, how should this be covered? Under comprehensive or collision? Thank you.
May 20th, 2009 at 1:25 am #admin

Hello LFR,

If they won’t give you the policy or delay it, see if its listed on the Policy From Copies page of this website.

I would think collision. And most insurers don’t write comprehensive without collision already being covered. Most policies also define comprehensive as “non collision”, except for specific listed things, like impact with an animal in the road.

If they deny it, get the denial in writing stating the specific reasons and policy language.

I assume the pickup truck got away. If not go after them or your own UM coverage, as long as you can identify the truck.
May 20th, 2009 at 8:19 am #alphanumericone

Re: Garage Door Damage.

Insurance company says it is a comprehensive claim and will have no affect on my premium. They said it is no different than having a tree fall on the truck. It’s outside my control and doesn’t make me any higher risk to insure.

BTW, I found out you can request your A-PLUS and CLUE reports under the Fair Credit Reporting Act here in California. I’ll be doing this in the near future to see what the insurance company puts on it. These are the insurance equivalent to your credit report.

Brian
May 23rd, 2009 at 4:05 pm #admin

Hello Brian,

Please let us all know exactly how you access CLUE and A-PLUS. I wonder if you can get them for free if you were denied coverage or something adverse, as in getting free copies of credit reports?
May 26th, 2009 at 7:15 am #alphanumericone

I found this article which makes it seem you can get your CLUE and/or A-PLUS under the same circumstances as your credit report. Denial of coverage and/or once per year in California.

http://www.privacyrights.org/fs/fs26-CLUE.htm#5
http://www.privacyrights.org/fs/fs26-CLUE.htm#6

Brian
June 12th, 2009 at 7:54 pm #mitch

Bristol West admits their client is at fault and offers me $800 For my old car despite my having over $2000 into it. They call all that engine rebuilding “routine maintenance.” I have proof of the work done. Does anyone know howthey value cars?
June 12th, 2009 at 11:55 pm #jason

ok here it is…..HELP!!! 2 months ago my 2007 toyota highlander was stolen. it was completely a show car. very expensive accessories. i had upgrade coverage put on the car. specifically i had custom rims and tires. i had no receipts but i did have a bill of sale and specifically asked when i insured my vehichle that if anything happened was that good enough. i was told yes. after 2 months of inquires and the standard “the investigation is ongoing” my car was recovered. of course it was in bad shape and whoever took it put some junkyard tires and rims on that didnt even fit.. to top it all off it doesnt start. ive exhausted myself with phone calls and inquires to no avail of a satisfactory answer on whats happening with my claim. im coming up on a third car payment with no car, and recently the car mechanic who is friendly told me that it got it from the insurance guy that they are trying to just throw factory tires and wheels on there. i got 8000 worth of extra coverage not to mention the storage and towing fees i incurred after it was recovered. thinking about getting a lawyer. what are my options????? my insurance is unitrin direct.. ok everybody laugh at once…..HELP
June 14th, 2009 at 2:09 am #admin

Hello Mitch,

Sorry to tell you that in most areas, the value of a vehicle is based on the ACV (Actual Cash Value) or Market Value (what it would sell for), not what you put into it. And the Market is defined by “the average buyer”, not that one in a thousand buyers that matches your likes and dislikes.

Usually putting a new motor that costs $2000.00 in a 20 year old car will not raise the resale value by more than 200 to 300 dollars. That is what a used car dealer will tell you. And that is why used car dealers don’t put new or rebuilt motors in used cars for sale. Don’t put $2,000 into an old car unless you plan keeping it for yourself for a long time. And money spent on maintenance like new brakes or alternator will not raise the market value at all. Valuation guide books like Kelly Book and NADA Book will tell you the same thing.

Now if you want to see if the $800.00 was a lowball appraisal (and it probably is) check out the Total Loss Auto for Insureds on the product page at UClaim.com.
June 14th, 2009 at 2:33 am #admin

Hello Jason,

Ok I’m assuming they are repairing your vehicle instead of totaling it out. If you got special insurance or endorsement for the tires and rims, then they owe you for that, less depreciation. Read your policy and endorsement and see if you can find out who has the burden of proof. I think in your case, the insurer has the burden to disprove you owned those tires and rims, not you giving them the proof. You can check that with a lawyer in your area.

If you got an endorsement for 8k extra, and you have a bill copy, I think that’s proof enough. You can also get affidavits from people who saw the car before it was stolen. Consider small claims court. Note that the insurer owes the used value of the tires and rims, not new value.
June 17th, 2009 at 6:36 am #Mike

Two weeks ago my wife was rear-ended in an auto accident. The other ins co accepted fault. We subrogated for repairs. The car was deemed totaled and settled with our insurance co. As part of the accident, my wife’s shoulder was injuried by the seatbelt restraint due to the impact. She also had some lower back and leg pain. A week later bruises showed on her arms and legs. We sent photos to the insureds ins co. Unfortunately she did not seek medical care. She has had over two weeks of sleepless night because she keep replaying the accident in her mind to the point of hearing the impact of the crash. Because of sleep deprivation, she has missed 20 hours of work (used her paid leave). She also has the fear on being rear-ended again. I was a passenger with her the other day and she ended up going through a red light because of this fear. As a matter of fact, the other ins co has never really contact us to see how thing are. Without medical bills, what recourse do we had? Will we get any settlement from the insureds co.?”
June 20th, 2009 at 1:17 am #admin

Hello Mike,

We are not experts on auto injury claims here. Consider the eBook on claims like this at http://www.autoaccidentclaims.com .

That being said, if the other drivers insurer is ignoring you, then its time to get a lawyer (on contingency fee) or file suit against the other driver and car owner. Pay attention the the “statute of limitations” in your state to file suit. It is often only 12 months from the accident date.

If you have no medical bills as proof of your wife’s new injuries, get some pictures. In fact get pictures anyway. A good accident lawyer will send you to doctors he works with.

To insure you got a fair settlement for your totaled car, consider the product entitled “Total Loss Auto for Claimants” at UClaim.com.
June 29th, 2009 at 6:07 am #kris

Hi All,

I my jeep had an engine failure, the shop i had it inspect did not want to touch it and informed me to take it to the dealer incase there was a warrantee that exist for 2002 jeep liberty. I took it to the dealer and only way to find the proble was disassemble the engine which cost me 600 bucks. I the engien was completely destroyed due to coolant fluids was getting inside the engine. All in all my jeep is dead and i’m in need of another transportation. I call an insurance agent told my situation and asked for MBI (mechanial breakdown) claim, which i was denied due to i do not have collision insurance. I was told to get back with the dealer and perform a “f14 function” chrysler extended “Home for the holiday” warrantee, that was effective back in 2001 – 2002. Dealer mechanic had informed me that he had run my jeep’s vin# and had performed F14 function. The jeep was not covered due to first owner was a company, not a private owner. I did my reseach on chrysler’s extended warrantee where, it stated first buyer gets 100k miles 7yrs extended warr.

Q. how could i definitely be sure that my jeep is really not covered for such extended warr.?
Q. I wasn’t any collision, its a complete engine break down, is there any claim i can make for these type of loss?
June 29th, 2009 at 8:11 pm #Jack

I have a question. I was driving to get something to eat and a car came in to my lane to avoid something in their lane or because they were not focusing. I don’t know. It caused me to go on the side walk and damage my under carriage. I did not realize anything was wrong. As I gathered my senses and started to drive the oil light came on. I turned the car around to start to head back home. It was in the middle of the night in a not so populated part of town. As I started to head back the car lost power and I was able to park it off the street. Will the insurance company pay to have the engine replaced? My friend told me the engine was locked. Will they replace with a used engine or will they just try and total the car out. The KB value is about $2800. Car has just about that much left to pay off.
Thanks,
Seriously Sad!
July 1st, 2009 at 11:28 pm #admin

Hello Kris,

I’m no expert on warranties, but I would say start with reading a copy of the warranty.
July 1st, 2009 at 11:49 pm #admin

Hello Jack,

Turn it in and see what they say. Most auto policies have “collision” coverage and “other than collision” coverage (which is called Comprehensive). A low quality insurer may say that YOU caused the engine to lock or seize by driving with low oil pressure. A good company might say it was a consequential loss to the collision and cover it under collision. I don’t think any insurer would cover it under comprehensive coverage.

If they cover it, they will either pay the full cost for a used motor or rebuilt motor, or pay for a new motor less depreciation. If they total the car out, make sure you get a fair settlement with one of the auto total loss eBooks at UClaim.com. It will also tell you how to keep the salvage without getting short changed.
July 6th, 2009 at 10:12 pm #Susan

I have a serious situation. My 16 year old daughter took my brand new car without permission and proceded to wrap it around a light pole totaling the vehical. AAA is saying that because she was excluded from my policy the car is not covered, but because she took it without permission I feel it should be, do I have any recourse?
July 8th, 2009 at 3:15 am #admin

Hello Susan,

We are not experts on auto coverage, just total auto loss valuations.

Turn in the claim and insist that they put their denial in writing. It must state specifically where your claim is excluded in the policy or the law. If the policy or endorsement says “excluded” but does not specify “with or without” your permission, then you may have a claim. If they persist in the denial, check with an accident lawyer. There may be statute or case law on this issue in your state.

Consider turning it in as a theft claim under comprehensive coverage? If the insurer insists on a police report, ask the police if you can report your daughter as the thief (for insurance claim purposes), then later drop charges after the claim is paid? And it may be good for your daughter to get arrested and spend a night in jail if she does not want to buy you a new car.

Now if the car was brand new and you had a loan on it, then the insurer would probably have to pay the lender’s interest. Just an idea.
July 15th, 2009 at 9:53 pm #Rita

We have a 2009 GMC Sierra Crew Cab with 8,000 miles that was hit on the passager side, at first the damage looked cosmetic. But once we had it towed to a AAA certified body shop, we were advised the frame was bent(front end). The body shop manager and AAA adjuster say the vehicle can be fixed by cutting the front end and welding back…we have refused their fix and now we are being told they will replace the entire frame.

The AAA Adjuster will not total it because it only has 8,000 miles and the cost to repair is less than the value per KB.

Do we have to accept their solution in replacing the entire frame? Wouldn’t this fix have to be disclosed should we trade in?
Will replacing the entire frame reduce the value?
July 16th, 2009 at 9:42 pm #admin

Hello Rita,

First of all, you are right that the market value of the vehicle would be diminished, perhaps 10%, if you disclosed to a buyer these repairs. Check to see if that is required in your state. Getting compensation for that from an insurance company is not likely, in my opinion. But try anyway since you seem to be a good negotiator.

You should be happy that you got them to replace the entire frame. I have never seen an insurer agree to replace an entire frame when they could weld on a new piece. In fact frames are often straightened and the wrinkly part is often covered up with trim parts so the owner never sees it.

Keep up the good work.
July 24th, 2009 at 8:55 pm #Melissa

My niece had an accident involving her car and a tree. Anyway, when they reported it to the insurance company they were told that she had not been added to the policy. My sister and brother-in-law spoke with the agent to add the car and my niece to the policy over a year ago. They were even advised by the agent to list the teen as the primary drive of another vehicle in the household to get a better rate. Anyway, it seems that the agent dropped the ball and didn’t notify the company to add the driver but did add the car. If the claim is denied is there a course of action for my sister to take.
July 25th, 2009 at 12:17 am #admin

Melissa,

If the agent denies he was asked to add the daughter, try to find some proof that the newly added car was used mostly by the daughter. This would be circumstantial evidence that a car was added for the daughter and the agent was probably aware of it and either forgot or doesn’t want to look bad to his company.

If the insurer still denies the claim, sue the agent and the insurer.

And I guess now everyone knows from your sisters experience to look at their declarations page (with the bill) to see who is a named insured.
August 13th, 2009 at 7:29 pm #admin

Take a look at our new discussion forum!
August 16th, 2009 at 6:01 pm #Denise

My truck was stolen, when trying to file the claim the adjuster states that my rims are not covered by the insurence, she also said that they do not go by the blue book value. I do not undestand how can she said that when we purchase that truck the rims came with it and at the same time we purchase the full coverage for it is there anything that I can do?
August 17th, 2009 at 5:58 pm #admin

Hello Denise,

Are the rims original or aftermarket? Have the adjuster quote the policy language which says aftermarket stuff is not covered.

As to the value of the truck, if it was low balled, get the UClaim.com eBook “Total Loss Auto for Insureds”. Its guaranteed and currently on a 75% off sale at around $6.00.
August 26th, 2009 at 12:48 pm #Jaime

I’m going to make this as short as possible, but detailed.

Two vehicles in my own driveway were wrecked into by drunk driver w/ no insurance.

Both paid-off, but I kept full coverage on both under advisement from my agent.

Simply put she asked “If I was able to easily replace these vehicles if anything was to happen to them, then yes take off full coverage.” So I kept it.

Car 1 = Totalled / Car 2 = Minor damage.

Car 2 is undergoing repairs

Car 1 is again totalled

My insurance is giving my only 1400 after ded. for car1. My issue is that I don’t need the money, I need the car. If money was the issue I would have sold the car a long time ago and got more for it then. I dont expect a spanking new car but I would expect a car guaranteed to give me what I know car1 would have continued to give me and I cant afford to buy another car payment. Adjustor will not budge. Do I need an attorney? What can I do?

State of Texas / American First Ins (Liberty Mutual)
August 26th, 2009 at 11:36 pm #admin

Hello Jaime,

You can hire an attorney who has no experience on this subject for 150-250/hour who will waste your money or you can spend $6.00 (current sale price) on the eBook at UClaim.com entitled “Total Loss Auto for Insureds” that will teach you how to get most or all of your money in dispute simply, the way a good public adjuster would do it.
September 4th, 2009 at 1:57 pm #Jessie

I was parallel parked about 10 feet away from an intersection where only 2 of the directions were required to stop.

I signaled, checked my mirrors, and did the once-over my shoulder and proceeded since it was clear. As I was pulling away, a man hit me. Now I believe he must have been coming around the corner (on my right side) and floored it.

when we got out of the vehicles, he was apologizing up and down saying “I’m so sorry, I wasn’t paying attention, I was looking at the light up ahead and couldn’t slow down in time.” He then proceeded to sway me to not call insurance/police. I thought this was fishy so I called my boyfriend. When he arrived, the man began telling my boyfriend his car was fixable (By a buffer) but he suggested a friend of his who would only charge me $150. I thought that was strange as well.

Now my insurance won’t cover my damages, is it reasonable to go after his since he hit me? I feel he was negligent in not paying attention and possibly speeding around the corner in a residential neighborhood.
September 5th, 2009 at 7:27 pm #admin

Hello Jessie,

I don’t know why your insurer won’t cover your damages, unless its under the deductible. You may have to sue the other driver in small claims court and see who the judge believes. If the other driver wants to lie to a judge after swearing to tell the truth, then he will have to live with himself. Do a diagram of the accident scene showing where the cars came from and where they impacted. And get witness statements if there were any. And see if the police will take a “late report.”
September 17th, 2009 at 11:39 am #Stephdc66

What negotiating power does one have to push for a salvage settlement? I have a 2005 Dodge Magnum with a market value prior to the accident of approx. $10,000. The two quotes to fix the damage are around $7,000. Even though the car is driveable, it does have some ambiguous suspension problems that I am not convinced will get covered under a repair as part of the settlement. Most of the questions on this forum are on how to keep from having your car totaled but mine is how to force a salvage settlement?
September 17th, 2009 at 7:35 pm #admin

Hello Steph,

It sounds like the question you mean to ask is how do you force the insurer to total your car out? Because you can’t “force a salvage settlement”. If your car is totaled out and you keep the salvage, then they deduct the salvage value from your settlement. If they take the car, then there is no deduction.

The insurer’s rule of thumb is that if the cost to repair gets close to 80-90% of the repair cost, then better to total the car out since supplemental repairs could end up costing more than that 10-20% margin.

If you want your car totaled out, then insist that they check out the suspension at a suspension shop before any body repairs. They have to. Now some body shops may be reluctant to do that first, because they could lose a repair job. If you have to, get the car to a suspension shop yourself and pay them to check it out and give you an estimate. The insurer has to reimburse you for that estimate cost.

And if they still fail to total it out, then take the repair money and sell the car.
September 25th, 2009 at 1:24 pm #chad

I was recently hit by another driver in CA while riding my 1987 Yamaha motorcycle. I only have liability coverage on my policy. The other drivers insurance is probably going to total the vehicle for $1000 or so. This is my primary vehicle and I will not be able to purchase another reliable vehicle for that amount. Do I have any other options to get the vehicle replaced or a more appropriate sum of $ to get a replacement?
September 29th, 2009 at 12:30 am #admin

Hello Chad,

They have to pay you for something comparable to what you had. If the check has a release on it, line it out. And don’t sign a release. The same principals for settling a car total loss claim apply to motorcycles. You can get an eBook at UClaim.com entitled Total Loss Auto for Claimants currently on sale for around $12.00, 50% off and money back guarantee.
October 16th, 2009 at 10:14 am #Peter

My wife was in an accident. We tried to file a claim with the other party’s Progressive insurance company. They had to conduct investigation because the other party denied it was their fault. The insurance company came back saying it was my wife’s fault due to a security camera footage. I have asked my wife many times to make sure that she was 100% not at fault. I know it is in human nature to not accept our own faults and to place the blame on others. My wife really believed she didn’t do anything wrong. In any case, we really want to dispute their finding. They are saying it is 100% our fault. I don’t believe the video showed that. I have not seen it though. What do I do next? There was a police officer involved but I have not seen the report, if there’s any. Please help. My wife and I are very distraught. I wish people would just admit when they made a mistake.
October 20th, 2009 at 10:46 pm #admin

Peter,

First, get a copy of the police report and see what it says. Then ask for a copy of the video tape and if they decline, then ask to view the video tape. Put your request in writing and fax it. It would cost them more money to sue you in court than to simply show you the video tape. And if they won in court, I doubt the judge would award them costs since they withheld the evidence.

If they still decline to show you the tape, then they are either lying or misrepresenting the evidence. You might also make a complaint to the state department of insurance and let them get the tape.

You could also turn in the claim to your own insurer and let the two insurers fight it out.

You could also ask to speak to a supervisor at the other insurer since the adjuster may be out of line.
October 21st, 2009 at 8:13 am #Peter

Admin,

Thanks for your suggestions. After talking to my agent, it looks like the insurance companies will duke it out. But we have to put up the $500 deductible in order for State Farm to have a reason to go after Progressive. Another fishy thing they did was to have their own adjuster give me a quote, instead of the car shop give me a quote. Is that illegal? I found out my insurance company got a statement from the other driver admitted to fault.

Should I still tried to contact their insurance company to scare them a little bit so they would give in? or do I leave it to the insurance companies?

We don’t have $500 to put it up but if I have to, I will.

Any suggestion?
October 21st, 2009 at 4:30 pm #admin

Peter,

You could continue to press the other insurer, but keep in mind that your insurer will get all or part of the $500.00 back for you after they collect back from the other insurer. But it could take 6-12 months. If the other driver was only 90% at fault, then you would get 90% of the $500.00 back.

The adjusters estimate is ok, as long as the shop agrees with it.
November 3rd, 2009 at 3:10 pm #BJ

What is the protocol an insurance company is to follow for an accident claim? We’re in NJ and Twin Lights is the insurance company. My daughter reported her accident and the insurance company sent all of her correspondence to her finance company not her. Though the typing of the letters make it appear to be sent to my daughter by the address information etc.. This completely took her out of the loop and gave her no opportunity to dispute the ‘total loss’ of her vehicle. Phone calls from the insurance company were only to confiscate the vehicle, which we did not release due to the lack of information. Phone calls made to the insurance company were answered with one lie after another seemingly to keep my daughter and us in the dark. To cut to the chase, we finally got the insurance company to agree to sell back the title, but they couldn’t find it (the title) until I handed them the tracking info I worked to get from the finance co. Now that they have the title in hand they say it will be a ‘salvage title’!!! Is the finance company allowed to send the title to the insurance company w/o any consent from my daughter? Is the insurance co. required to retitle the vehicle as ‘salvage’? My daughter would like to repair it as the only reason it is ‘totaled’ is financial not mechanical or safety. My daughter has very limited options due to poor credit, so she needs this car.
November 5th, 2009 at 10:54 pm #admin

BJ,
You need to read your loan agreement papers with the finance company to see if it takes you out of the decision process if there is an insurance claim. If there is no “insurance clause/s”, then I would think it unreasonable that you have no say or rights in the claim.

And you have a right to letters that are addressed to you. That also indicates to me that the insurer should be dealing with you, not the lienholder. Yes, sounds like they are trying to keep you in the dark.
November 17th, 2009 at 3:59 pm #chad

Admin,
Thanks for all the great info, you are very helpful to us poor accident victims. I am currently negotiating a total loss settlement, I had casually notified them I had a rental car on my credit card that I was expecting them to pay for. They took 7 weeks to make an initial offer for the loss and I have prepared my desired settlement over the past 2 weeks. I reminded them I have the rental car and they said I should be turning that in since they made an offer. Today I received a call from the rental company saying that the last day the insurance would pay for it was 4 days ago. I will be sending my request to them tomorrow, but since we haven’t settled I am in need of the rental still. Are they just trying to push me to accept or do they have the right to cut the rental as soon as they have offered me something? Thanks again.
November 17th, 2009 at 8:08 pm #admin

They can end the rental if their offer on the vlaue of your car is reasonable. But the offer will probably be lowballed, so if you fight it and get them to pay more, then they owe the rental during the negotiation. Consider one of the eBooks on Total Loss Automobile at UClaim.com to get a fair settlement on the car. They are on sale with money back guarantee.
November 18th, 2009 at 7:20 pm #Joe S

My motorcycle was stolen and recovered. The police called me on Thursday and told me I could pick it up. I didnt want to pick it up without an adjustor looking at it first. I tried to call Progressive on Friday and Saturday but I couldnt reach my insurance agent and no one else would help me. I finally spoke with my agent on on Monday. He sent someone out to the impound lot on Tuesday. Today (WED), they called me and told me to pick it up and I owe the Police Department for towing and storage. I owe $341 and have a $500 deductible.

A. I wanted someone out there on Friday but no one would help me. Since it was in there longer I incurred more fees.

B. Doesn’t the deductible I have to pay apply to damages or total loss and NOT to towing and storage?

What should I do?
November 19th, 2009 at 3:21 pm #admin

Hello Joe,

I’m not an expert on this so anyone else is welcome to answer. Here is my shot at it:

The towing and storage should be included with the total loss settlement. And you have to pay your deductible anyway. So no worries?

Regarding “A”, ask the claim manager to have the insurer pay for the three day delay part since they delayed it. He may say you should have removed it yourself to “mitigate” the costs. It’s arguable both ways.

Regarding “B”, I don’t think so, unless you have separate coverage for towing.
November 26th, 2009 at 11:55 pm #stevie

Yesterday i was in a car accident. A car two cars ahead of me was making a turn and the car behind it hit their brakes and i had no time to stop. Ihad to swerve off the road to miss the vehical in front of me, i hit a tree head on going pretty fast, not exactly sure of the speed. I had to me takin to the emergency room in a ambulance. Also my airbags did not deploy and i think they should have considering i head a tree straight ahead.
My question is am i entitled to any compensation. i have liability coverage through all stat
November 29th, 2009 at 6:18 pm #admin

Stevie,
Your liability insurance covers damages to the other vehicles and drivers you may be responsible for, not your own damages. See if you have medical payments coverage and uninsured motorists coverage. You may have a claim against your auto manufacturer for the air bags not operating.
December 1st, 2009 at 12:06 am #Billy

This may have been answered before on this site but I couldn’t find an example.
In brief:
I was rear-ended. The other driver accepted fault and his insurance will pay for the damage. My car is paid off and insured.
I forwarded the body shop repair estimate (about $1000) to the other driver’s insurance company.
His insurance company is going to send me a check for me to sign over to the body shop.
If the check from the insurance company is made to me and the body shop, can I simply cash it instead of getting the repairs?
December 5th, 2009 at 5:09 pm #admin

Billy,

If it is the other insurer, they should only put the check in your name, unless your state requires it due to a lienholder on the car.
January 3rd, 2010 at 1:48 pm #kristy

9 months ago, the house that I rent was hit by a rental car. The speed limit on the road is 35. Thankfully my family was not home at the time. When the car crashed through our house, it sent the table flying, thus destroying most everything in the room (it was our dining and computer rooms). We were a bit slow on getting together what the insurance company had requested (itemized list and value), because the gas and electricity was turned off, and our house was subsequently condemned.
I was on the phone with Unitrin (the girls personal car insurance) and made a claim. I asked about some sort of temp housing for my family and was told that was out of the question, as they weren’t sure whose fault it was. I told the agent I understood, as im sure it is rather difficult to determine if the driver or the house was at fault. Then I spent the next hour trying to tell him it was undoubtedly his insureds fault, my family had no where to go, and our house had been condemned. The Womens Center put us up in a hotel for a few nights at their expense.
After dozens of calls throughout the next few weeks, I was told to make an itemized list of all the damages. That took a while…..after I submitted it, the agent emailed me and said I needed to provide a replacement value for the items, and any recipts (we dont keep those things past a week). We spent many hours researching and finding prices for everything. Sent it back off to the guy. Then he writes back and tells me that I have not provided info as to when the items were purchased and if they were just damaged or destroyed, (and the valuation of a claim such as mine would also take depreciation into account), and they will estimate the value of my claim based on these things.
I might add also, that they sent NO ONE to look at my house, or view the damages. I did take photos of the condition of everything.

I am told that the drivers insurance only pays up to $10,000. My claim alone was almost that much. I am also told that there are 3 claims for this incident, mine, the rental car agency, as well as the homeowners insurance. I do not see how this is. I thought the purpose of having homeowners insurance was so they would pay if anything happened. I do not feel that I should have to take a loss in this matter. Also, the accident happened late April of 09. I still have not recieved an offer from unitrin. Is there some kind of time limit they have? Do I really have to settle for whatever they offer, or is there something further that I can do?
Thanks for any and all suggestions.
January 4th, 2010 at 12:45 pm #Karrie

Hello:

I had my car vandalized on August 31, 2009, in my driveway. It is a convertible and the top was completely cut open and my all my electronics were stolen and my personal items too. During that night/next day, we had major thunderstorm in Florida and my car was flooded with about 8 inches of water. Keep in mind, that all my electronics were going so the rain got into the interior of the car. A Progressive Insurance adjuster came to assess the car. He determined $8,700.00, in damages and claimed my car’s ACV was $17,775.00. My mechanic recommended the car be totaled due to the water damage and the problems that ensue because of it, but the adjuster laughed at him seeing as “it wasn’t even close” to the ACV of the car. Fast forward a month ahead, the car incurred an additional $1,500.00 in damages and $900.00, in rental car fees. It was in the shop for a month being repaired. Once I got the car back, it started making clicking sounds and there was still outstanding cosmetic repairs that needed to be done. I put it back in the shop and the additional damages totaled $2,200.00. For the third round of repairs they have kept my car in the shop since the end of October, 2009. Progressive’s shop spent a month trying replicate the clicking noise which they admittedly were having a lot of trouble figuring it out and ended up not being successful at it. They claim once they drove the car around the clicking stopped (I had been driving the car for a month with the constant clicking). They didn’t start the repairs until my car was sitting in their shop for a month.

So, to make my nightmare a little shorter, this claim has been going on for 4 months, only one of those months has my car been in my possession. The other 3 I have not had a functioning car and it has been in the shop. My claim is up to $13,300.00, not including the $1,700.00, I have spent in rentals and other things related to this incident. I still don’t have my car back. They refused to do a tear down to solve the clicking issue, claiming that it conveniently cannot be replicated. My adjuster never answers his phone. What are my rights? I know Florida law is 80% of vehicles value and it is considered totaled. My car is worth NOTHING now. I wouldn’t even be able to sell it seeing a Car Fax report will show $13,300.00, on a car that is valued for $16,000.00 on KBB. When the claim was originally opened, I had a different adjuster that was helpful and told me that if my car continued to have problems they would look into totaling it, now this adjuster is telling me that the money is already spent so they won’t do anything. I cannot afford to not have car, I can’t afford to pay my car payments and pay for rentals and my car keeps having one problem after another. What do I do? Do I have any legal recourse with regards to them taking so long and not totaling out my car which was recommended since day one? Progressive is doing nothing to help me and doesn’t understand why I am “upset” over this. Please help.
January 4th, 2010 at 4:21 pm #admin

Kristy,

At least they have accepted liability, that’s a big plus. Now all you have to argue is damages. They can’t deny your claimed items just because you don’t have receipts. Consider the eBook on Contents Inventory List Advice at UClaim.com. It will teach you how to not get set up and screwed by the insurance adjuster.
January 4th, 2010 at 4:50 pm #admin

Karrie,

Any car flooded should be totaled. No insurer can guarantee a component will not fail at a later time due to the water. No insurer can guarantee you don’t have mold inside the upholstery and inner panels.

Lots of ways to go. Start with a letter faxed to the the CEO for Progressive. Get an estimate to fix it right and sue as a last resort. Let a judge drive your car. Other stuff you can do in between to get resolution using techniques you can find in eBooks at UClaim.com. Most important with auto repair claims is to document your damages and efforts.
January 12th, 2010 at 3:33 am #admin

Attention please Visitors who monitor this website with RSS feeds or other ways. Because of the increasing number of visitors asking questions, your help is needed. Questions will be posted, but Admin response may now be either delayed, or not even given at all. Your involvement in our Discussion Forum page is also necessary to its success. Thank you.
February 4th, 2010 at 10:09 pm #scott

Ok, Here’s the story…. 3 nights ago I was driving my 1999 gmc yukon slt ,with 118,000 miles and no accidents or mechanical problems ever, through a heavy rain storm. I came to a almost 90 degree left turn in the two lane country road that was filled with water. I slowed down to about 15 mph to go around the turn and through the water standing on the road. I would say the water was up to tailpipe in height. My yukon started to stall and I gave it more gas and got through the water in the road. I pulled my yukon over and turned it off. I waited for maybe 5 minutes and cranked it back up. My check engine light was on but engine cranked fine. I was then about a block from my home. I noticed that my engine was making a “knocking noise” when I gave it gas. I got home and turned the engine off and went inside. The next day I came out and cranked my yukon, the “knocking noise” seemed to be louder and steady, when I gave it gas it got louder. I went and got gas treatment from a close by gas station, put it in, and then drove about a half a mile to let it cycle through, i thought. I let it sit with the hood open all day, thinking it may dry out, It didn’t help. I hold full coverage auto insurance, so I gave my insurance a call and explained the incident. They sent an adjuster to my home the next day. He came and took pictures and then checked what he said was “looking for a water line”, then he checked my air filter and said it was “bone dry”, then he checked my oil and said it didn’t seem to have water in it. He said he wanted to have it towed to a chevrolet dealership to have a diagnostic run on it. That was done today, and I called the dealership to ask about my yukon. The person did not return my call. I called again after my adjuster called me and said that my engine was blown. I called the dealership again and then spoke with the mechanic who performed the diagnostic. The mechanic said the engine is blown and has to be replaced. He also said he told the adjuster that he did not see any sign of water and that he thinks it was strangely coincidental, but said it was mechanical malfunction. I said it seems really strange that a vehicle that has ran great for me without ever a problem goes through, what even the tow company and adjuster said was ,a very large puddle of standing water and immediately after my engine fails and that not be due to the water and not a strange coincidental engine malfunction. He said he agrees but just kind find water anywhere. I asked what the readout of the code from the check engine light, he replied with o2 sensor, which he said could have been caused by the water hitting the heating element. I asked then what was exactly wrong with my vehicle, that engine blown was very vague. The mechanic said he doesn’t know. I said you know that my engine is blown but dont know why or how but not due to the water I drove through. I said that just sounds rediculous. He said it could be rod(s) bent or maybe bearing but doesn’t know yet. He informed me that he told my adjuster that he doesn’t think it was damaged by the water. So now I’m left with this all to think about before I hear this from the adjuster tomorrow the same story. And why did the mechanic inform the adjuster about my vehicle before ever calling me back or informing me, the owner? I feel pretty sure that I know water caused this to happen to my vehicle, and I don’t believe that it is just all too coincidental that my vehicle just happen to have a engine malfunction right after driving through this standing water, when I have had no signs of anything wrong with my vehicle what so ever. Can insurance deny my claim? What recourse do I have? Can they just say its mechanical malfunction without ever having to prove that water was 100% not the problem? by the way this is my wife(27) and I’s(29) only vehicle and we have 8 month old twins and a 3 year old, how can they attempt to do this? I mean what are the chances of a very strong reliable vehicle, like my yukon, with no past problems just all the sudden happen to have a mechanical malfunction after driving through high water, and the water not be the cause of the malfunction? Please help, I have never dealt with insurance claims before and am afraid they are about to get over on me. Thanks
February 4th, 2010 at 11:33 pm #admin

Scott,
If you don’t get an answer, try a much shorter question.
February 20th, 2010 at 2:01 pm #Angela

I received an estimate from the auto body repair that to fix my car would $1500.00. My insurance company sent them a check (instead of me) for $2700.00. The auto body repair states that I have to pay them an additional $1000 deductible. Is that right? Because since the job was only $1500.00 they got an extra $1200.00
February 21st, 2010 at 3:45 am #admin

Angela,

We are a little confused. Is the repair cost $1500.00 or $2700.00 or $3700.00 before the deductible?
February 27th, 2010 at 11:20 pm #Laura

Hi,

I’m not sure if this is your area of expertise, but I have a question about an insurance settlement.

I was in a car accident and have settled with my insurance company. Due to the fact that there were policy limits, the adjustor had to be sure that everyone in the accident (total number of 12 people, 3 parties) got enough to cover their expenses. The accident was my fault so I wasn’t going to ask for more than having my ER medical bills and car paid for.

Well in paying the claim, my adjustor made a mistake by overpaying a bill in one of my children’s settlement amounts. I telephoned him several times to ask him to explain how he paid out that claim because it wasn’t adding up, but that I was pointing this out on his behalf because it looked as if the error would be his. He stated to me that if there was actually any overpayments that I would receive the difference not to worry.

What then happened is, he settled the claim with all parties. He paid my medical bills, but I noticed there was still an outstanding bill…this didn’t make sense because I thought he was going to end up overpaying this company by $1,300; instead they didn’t get paid at all by him and there is only a $100 balance because my health insurance did pay their portion of the bill.

I hope this is making sense…so as it stands now the settlement amount that I signed has $1400 which has not been paid out to me or to a medical bill. The BIG mistake he made was that he overlooked this bill and paid the balance left in the policy to the other party. Well now if he pays me the $1400 he will be that much over my policy limits.

My question is….Since I signed a settlement agreement with him for $12,000, does my insurance company have to pay me that total amount…which is currently lacking the $1400. He is telling me that he doesn’t even know if he can get the insurance company to pay the $100 balance of my medical bill much less pay me the remaining $1300 due to the fact that the policy limits have been met and there is no money left even though I signed an agreement with the company. I am just trying to find out what the company should pay, I know if it were the other way around, I would have to be happy with whatever amount I signed off on.

Thanks for your help…btw if it makes any difference..I live in Texas.
March 7th, 2010 at 4:03 pm #Deanne

My son was rear ended about 7 months ago. a police report was filed however since he was going away to college, we failed to make a claim because he will need transportation and being under 21 he legally cannot have a rental car. He has since moved back home and was wondering if we can still make the claim or has time expired.
March 7th, 2010 at 7:00 pm #admin

Deanne,
If you are talking about a claim against the other driver’s insurance, in most states you have 1 or 2 years to sue on injury claims and 3 or 4 on property damage. After that, the insurer will ignore your claim.
March 23rd, 2010 at 8:15 pm #vaguy

I got distracted trying to reach for my cellphone in a residential neighborhood. My car swerved and hit a parked car, airbags did NOT deploy, NO injuries and the damages to both cars seemed moderate.

My adjuster called me the next day and said they were going to total my three year old car, due to a slightly bent rail frame and engine damage. My vehicle was professionally customized with wheelchair accessible features to the tune of an extra $25,000. I am 100% positive this was included in the vehicle information when initially insuring the vehicle (the adjuster does not dispute this).

After bringing this up, I was told that they want to investigate if it can be safely fixed after all. This was two and a half weeks ago, and they are still accessing if it can be fixed (or so I’m told). I have been very patient with the adjuster, emailing him for status updates every few days. His answer is that his supervisors are going to make the decision and it should come within a day or two. I’m starting to grow impatient — I want to know if I should start car shopping or if I can start counting the days down until my car is repaired. I don’t have rental insurance and I’m paying $1200 out of pocket each month just to go to work and back.

How long should I wait before I take more direct action? What direct action should I take?
March 23rd, 2010 at 10:57 pm #admin

Vaguy,

Perhaps the adjuster is waiting for the body shop to finalize their estimate. So call the body shop, or whoever the hold up is with and rattle their cages.
March 25th, 2010 at 8:55 am #Robert

I was hit by a car while riding by bicycle to work. The driver pleaded guilty to a lesser charge of careless driving with the agreement that I would be paid restitution for damage to the bike. The bike is very exspensive $15000.00 and the repair/restitution amount is $10000.00. I have been dealing with his insurance company, and after 4 months they have offered to pay $5700.00. They took the repair estimates and depreciated them by half to get their number. Are they allowed to do this? What should I do?
March 25th, 2010 at 8:57 pm #vaguy

Yes — turned out that the damage was in a very complex area, and due to the customizations, it took longer than usual. Claim is moving to its final stage, everything is looking positive now. If they follow through like I was told over the phone, I give them a BIG thumbs up. Thanks for the feedback!
March 26th, 2010 at 11:26 am #admin

Robert,

They owe you for which ever is less, the bikes used value, or the repair cost. And they can take “reasonable” depreciation on the parts used in a repair. So one of your arguments may be on the depreciation of the repair parts. Argue the items one by one. Oh, and get your repair shops estimate of the depreciation. They can’t take depreciation on the labor.
April 7th, 2010 at 7:40 pm #Erik

Hello,

My fiancee & I live on the MA/RI line and her car was flood damaged while driving in Warwick,RI during the flooding last week. She drove down a road that was not closed off but the water was 1-2 feet high approx. After driving through the water her car began sputtering and died right after driving through the water. We had vehicle towed from the scene. Insurance co told her to bring it to a mechanic, which we did. Appraiser just looked at thee vehicle a week later and said there was no evidence of water damage. The engine has seized and there is now electrical problems, our mechanic has concluded that there was water intrusion into the vehicle. The insurance co has now said this is “normal wear & tear” and not water related. How can they conclude this after the vehicle was running fine and how can we appeal this? What would be the best course of action to resolve this? Thank you.
April 9th, 2010 at 1:45 pm #admin

Erik,

Your mechanic will need to put his opinion in writing and be specific. You should pay him for his time to do this. And the insurer may hire their own “expert” to evaluate the car if they don’t accept your experts report. Then you may end up in small claims court. This is not a valuation issue for “appraisal”.

If the motor is “seized” due to water in the combustion chamber, then get the water out of the motor and crank it up. Drain the oil pan, which should drain the water. Take the plugs out and crank it over to blow the water out. Now if something is broken in the motor, from trying to compress the water in the combustion chamber, that may not be covered. Just as running a motor without oil, causing it to seize, is not covered.

Now just my opinion, but if your wife was driving slow and water got in the motor, it should just stop running (seize) without breaking motor parts. But if the engine was at high rpm, it would break some parts. Good luck.

And it would seem that the water would have to have been higher than 1 or 2 feet to reach the carburetor air intake.
April 20th, 2010 at 8:49 am #TERRY

good morning ,

i have an auto insurance question. i was rear-ended over a year ago….not my fault. this was established on the police report submitted to my auto insurance carrier in new jersey. i paid my $1000.00 deductible and had the repairs done. i am still waiting over a year later for my insurance carrier to return my deductible. they keep telling me that the other insurance carrier is not cooperating. do i just have to wait for how ever long this takes? wait recourse do i have to recover this money? thanks.

kind regards,
terry
April 20th, 2010 at 10:54 pm #admin

Terry,

Your auto policy probably gives the right of subrogation to your insurer for the money they paid. But I think you could probably sue the other insurer in small claims court for the $1,000 deductible, and see if you get any, all or part of it back. Check with a lawyer.
May 5th, 2010 at 8:23 pm #Reggie

son driving our van and noticed a wreckless thought was drunk but police said no coming over into his lane, crossed the center line. My son veared to the left to keep from head on collision and it sheared our van passenger side and blew out rear tire with the passenger side of the other van, so he was totally in my son’s lane. Thank God no one injured just few minor cuts and both him & girlfriend shaken up pretty bad. She was taken by ambulance just as procaution. Our van totaled and we used it to secure a personal loan which is also part of a chapter 13. Police report and other driver accepted fault. Driver was distracted because reaching for a phone # he had dropped and his eyes left the road. My son had a witness which verifies my sons story. Haven’t accepted offer, but from what I gather they are paying as little to loan company and we will receive nothing to replace our vehicle. If was minor fender bender we would still have van and it fixed but his negligence has cost us much more. Progressive immediately settled with son’s girlfriend hospital bill and & suffering. We didn’t know they were doing this until it was a done deal. Nothing been offered to my son for his anguish as he saw his life pass before him. If my son didn’t react there definitely would be a fatality. In my research says insurance is to put you back to where you were before the accident, but I don’t see this happening, so how can I fight and get monies, even partial to aid with replacing vehicle? Also the suffering we have all done with dealing with all of this needlessly. We all need transportation. Did research on tort and Indiana is a tort state, so how can I deal with them. Progressive dragging their feet and I’ve made sure things are in writing to protect me. Sorry so long and thank you for your time and help.
May 6th, 2010 at 4:05 pm #Frederick

We live in Florida and my wife got rear ended by a school bus. The damage is very light and we were told to get 2 quotes and that they would pay the lowest one. Their insurance company wants to write the check in both names- ours and the bodyshops. My question is since I am the third party claimaint are they legally obligated to protect the lien holder by making sure the work is carried out? I was under the impression that this would only be the case if I was the 1st party claimant and that their insurance company has no right to dictate whom the check is made payable to since we are the 3rd party claimant. Please advise. Thanks n
May 6th, 2010 at 5:09 pm #admin

Frederick,

You are right, unless there is some law in Florida that requires lienholders to be included on checks, or a body shop to protect the lienholder for 3rd party claimants. Ask the other drivers insurer to provide you with their written justification for naming the body shop, then check it out.
May 6th, 2010 at 5:10 pm #admin

Anybody want to answer Reggie’s long question?
May 22nd, 2010 at 9:41 am #Jason

Reggie, I am not admin but I will attempt to answer your question. The modified comparative fault system – 51% rule is what Indiana law follows. From the way you described the accident, the other insurance company believes their driver was 51 to 100% at fault. Usually insurance companies deal with injuries at 100% because it is easier to do it that way and less confusing to the injured people. Since your son’s girlfriend has settled already, she is no longer involved in what will transpire.

Your son’s involvement will be for his injuries, if any. Since he didn’t go to the hospital after the accident, there is no medical support to document he sustained injuries that need to be settled by the insurance company. Generally, mental injury is difficult to prove and not considered an injury by insurance companies or courts. Probably the most the insurance company can consider for your son’s injuries are for a claim of bruised, scratches, and soreness that did not require medical attention. There is not much value assigned to these conditions.

Since the vehicle is owned by you, you have a claim for the damage to your van. The insurance company’s obligation will be the percentage of fault they assign to their driver (between 51-100%) multiplied by the ACV (actual cash value) of your van.

For example, if your van is worth $4000 and they have assigned 100% of the fault to their driver, they will offer $4000. If they assigned 75% fault to their driver, they will offer $3000.

Because I don’t know the ACV of your van and your loan amount, it is hard to comment. I will speculate that your van may be worth $4000 and they accepted fault at 100% and your loan is $5000, they will offer $4000 and that will satisfy their obligation to your loan company and you.

Another option you may have is to file a claim under your insurance for collision damage, if you have that coverage, and your insurance company may value your van’s value differently (but probably not much different). If you go through your insurance, you will have to pay your deductible.

If you go through your insurance, your insurance may recover your deductible, or a percentage of it, from the at fault insurance company and return it to you.
May 26th, 2010 at 3:29 pm #T. Hall

I was recently involved in an accident in Texas. Her insurance company acknowledged fault and agreed to pay for damages. My vehicle was taken to a repair facility recommended by the insurance company, which made body and limited structural repairs. However, since picking the vehicle up two days ago, suspension problems continue that didn’t exist before the accident, resulting in serious alignment problems and a squealing sound. The front left tire, the corner at which impact occurred, is three inches closer to the rear of the wheel well than the corresponding wheel on the other side. The insurance company refuses to pay for the repair, saying that generally worn tires and wear on the fender indicates the problem existed prior to the accident. Does this reasoning seem sound, given myriad other reasons for the reasons given? Do insurance co.s often refuse to make structural repairs?
May 28th, 2010 at 12:21 am #admin

T. Hall,

Get the repair shop to put in writing that the damage could have been from the accident.
May 28th, 2010 at 11:44 am #Jason

T. Hall,
I am not admin and see that your questions could use some additional attention. The reasoning that this damage existed before the TX accident is correct, but flawed, if it is indeed from the TX accident. It is up to the insurance company to prove pre-existing damage for which they they are not responsible.

If the damage was the result of the woman in TX, then the insurance company should repair any and all damage caused by their insured person. (Existing wear on the fender does not establish that structural damage existed prior to the TX accident.)

If you are having difficulty having all the repairs from this accident completed, you may want to contact your insurance company if you have collision damage coverage.
June 3rd, 2010 at 10:10 pm #Ray Carpenter

If my cars were parked in my driveway, and a vehichle hit and took out both my cars in my driveway, the insurance company is telling me they want to fix with used parts on the one car and aftermarket on the truck. Both these cars are newer, Do I have to allow them to fix them that way, I want factory parts back on my car?
June 5th, 2010 at 12:36 am #admin

Ray,

You can get new parts, but they are entitled to take depreciation. That’s the trade off. I suggest taking the used parts, but OEM used parts, and … insist that you see the used parts before they put them on. Insist on “undamaged” used parts, no bondo.
June 6th, 2010 at 5:16 pm #pamela

i was involved in a car accident two months ago and filed a claim with the driver at fault’s insurance company. the man that wrote the estimate said the check would either be made out to me and the lien holder or me and the shop of my choice. i told him i wanted the check made out to me and the shop. when the check came, it was made out to me and the lien holder. i called the assigned adjuster (different from the person who wrote the estimate) and asked if she could re-issue the check. she stated that by law the check had to be written to me and the lien holder.

i live in texas and wasn’t aware of any law that required the check be made out to me and the lien holder. in fact, last year i was rear ended and the insurance company i filed the claim against issued the check to me and the shop.

on my recent claim, the amount of the check wasn’t enough to pay for all the damages made to my car and the shop had to ask for supplemental funds to take care of everything. the supplemental check was made out to the shop only. what kind of law states the original check must be made out to me and the lien holder, but it’s okay to make out the second check to the shop only?
June 7th, 2010 at 7:12 pm #Tan

My car was parked on the street and apparently hit during the night. I drove it to the body shop for repairs and on the way there, the airbag deployed. It did not fully deploy, it just sort of came out with now hoopla. Everyone from the insurance company keeps telling me that that is impossible. Airbags either deploy or they don’t. There is none of the powder in my car consistent with an airbag deployment, The insurance company is now telling me that the damage is not consistent with a hit and run. However, my car has full coverage, so shouldn’t this damage be covered no matter what happened? As I have stated to countless people, I don’t know what happened!! I found it that way. In my opinion, they are trying to make me accuse my boyfriend (who is not on the policy) of causing the damage. They keep telling me that even if he was driving the car, my policy would cover the damage. They have suspended repairs and my rental vehicle pending investigation. Do I have any recourse if after their investigation they decide to deny the claim? Also, the car was involved in a fire about 1.5 years ago with severe damage to the front of the vehicle.
Thanks for any info!
June 8th, 2010 at 11:22 pm #admin

Tan,
With all your issues, I’d say get a lawyer if they deny your claim. Get an auto shop written opinion on your airbag issue and use that.
June 9th, 2010 at 4:17 am #Jason

Tan,
Your insurance contract will provide coverage for collision which is either someone hitting your car or your boyfriend hitting something. Either way, they need to determine what happened because that is what their investigation of your claim is all about.

They need to know what happened to find out if this is an “at fault” accident or something out of your control.

The insurance company seems to have reason to believe that a “hit and run” is likely not the reason for your claim.

It is important for insurance companies to understand why they are paying before they pay a claim, and they will determine what happened so they pay the claim correctly.

From the tone of your question, I entirely agree that you may want to consult a lawyer.
June 16th, 2010 at 4:31 pm #Iren

Dear Admin, thank you in advance for your help.

I was involved in a car accident in October. It was my fault as I failed to yield left properly. I was turning slowly (about 15mph) left on green light changing to yellow, but did not realize it should be green arrow. My bad. Both my car and of the other person (coming with the straight traffic) were totalled, but none of us was injured. When the police officer spoke to me later on, I asked how come the two cars were totalled if the other person did not exceed allowed 35mph, but he said there is no way to know for sure what the speed was. He also mentioned that this junction has a history of being problematic and they have lots of accident due to the lack of green arrow light on the junction of two major city streets.
Yet, I was assigned with 100% of responsibility for the accident and the other person – 0%. Today, 8 months later, I recieved a claim for $2000 (while my insurance covered $5000, the remaining amount is claimed directly from me). Apparently the other person had collision insurance and she was already paid the entire $7000 for her car. Now her insurance company is claiming the money. I spoke to my insurance company and they said I can negotiate how much I will pay. I am confused and not sure what I can do. The problem is – I simply don’t have such money and also not sure how come it took so long to assign this claim (I thought that my insurance company had settled it long ago). I am international graduate student and have been in US for the past 3 years – I am not familiar with the possibilities I have.

Thank you so much for your advice.
June 17th, 2010 at 6:50 am #Jason

Iren,
Thanks for writing. I am not admin but I will attempt to answer your question. You have made it clear that you were assigned 100% and the other driver 0%. If there is $2000 that they are asking you to pay after the insurance companies has been involved, it looks like the liability assignments were 70% to you and 30% to the other driver.

In that case, approx. $2000 of the other driver’s $7000 would not have been paid to the other driver. Although there may not be enough information in your post to determine this is the case, that makes the most sense.

If the other driver was assigned 30% liability, then it is the other driver’s reduction of $2000 and not yours.

If you wanted additional advice, please redirect your question with more specific information and we will respond. Otherwise, discuss this with a lawyer to find out why they are asking you to pay the other person’s liability portion.
June 17th, 2010 at 1:43 pm #Iren

Thank you so much, Jason, here is the clarification.

The other driver apparently was completely insured and her insurance company, GEICO, had already paid her the full amount ($7000). Since I was assigned 100% fault, GEICO is contacting me and my insurance for reimbursement. Since my insurance is very basic, they are obligated to pay only $5000 in such case. GEICO’s representative (CRS) had contacted me personally to claim the remaining $2000, which my insurance will not cover. What confused me the most is that both my insurance agent and Geico’s representative told me that I can negotiate, and my agent even said that I can refuse the payment. If I am legally obligated to reimburse GEICO, then what does it mean that I can negotiate? Can GEICO by law demand this money from me (I was under impression that other driver’s premium payments are the reimbursement of GEICO)?

Thank you so much.
June 22nd, 2010 at 9:18 am #Ilene

I was struck by an individual and that individual also struck another vehicle. The at fault driver’s insurance company is claiming that they can’t settle my property damage claim until they get a release back from the other claimant for her property damage.

Is this true? I was under the impression that there could be 500 claims and each can be settled on their own time and not have to wait for the other 499 claims to settle.

This carrier has been delaying my claim for some time so I am suspicious of what they are saying.
June 23rd, 2010 at 8:16 am #Jason

Ilene,
That doesn’t appear to be true. Claims are not dependent on the outcome of other claims. If you want to move forward, simply process the claim through your own insurance company and let your carrier work out the details with the at fault driver’s insurance company, including the recovery of your deductible.
June 23rd, 2010 at 11:46 am #Ilene

Thank you for your answer Jason. Unfortunately, I do not have collision on my policy therefore I am at the “mercy” of the at fault driver’s insurance carrier. However, since I was suspicious (and confirmed by you) that their delay reasoning was not true, I will be contacting them immediately and advising that the resolution of the other claimant’s claim has no bearing on the processing of mine. Unfortunately, I do think this is yet another tactic they are using in order to not process my claim.

Thank you again.
June 24th, 2010 at 7:31 am #Jason

Ilene,
Yes, you are dependent on the other insurance company doing what they should be doing. I wish you all the luck and it may be important that you become the squeaky wheel to them. Perhaps a call and/or letters to this claim handler’s superior may speed up your claim. If that doesn’t bring you results, you could initiate a small claims action if the damages are less than your state’s monetary threshold. Or if over that threshold, you may want to talk to an attorney.
June 30th, 2010 at 6:32 am #Ilene

Thanks again Jason. According to the carrier’s letter, they are dividing the property damage limits between three parties and my pro rata share will be forwarded “upon receipt of ALL parties’ signed releases”

I will be sending them the Release today with a letter advising them that the delay of any other releases should have no bearing on when I receive my distribution of the property damage limits.
July 1st, 2010 at 9:19 am #Jason

Ilene,
Now I take that back what I said about claims not being dependent on other claims. It appears in this case, the at fault driver’s insurance company is doing the correct thing by protecting their insured’s best interest to divide the total insurance proceeds to reduce or eliminate any outstanding claims against that driver.

Although that is the best approach for their policyholder, it doesn’t do you any good with the amount of time it takes to get through the ordeal. At minimum they should have explained this to you initially so you knew where you stood.

Since the damage is known, they should be able to send you your claim amount before the other releases are received. However, there are circumstances that the damage can increase if it is unknown or overlooked initially. It seems this insurance company is being cautious about that.
July 26th, 2010 at 10:08 am #Aaron

I was on vacation, a spare tire fell off a vehicle hit the road(interstate), damaging a pull-behind camper that a van was pulling. I wasn’t able to swerve to avoid it and wasn’t able to slow down enough to avoid the tire-it wrecked the front of my car. Nobody had contacted me. I tried to contact claims company 8 times. Finally they called back. He said he needed to get other party’s story before they decide what to do. They still never get back so I called a week later. Ins. claims guy said they are not covering any damages because once the spare tire fell off the vehicle & hit the road, they were not obligated to pay because it was considered “road debris” not insured property. The guy that lost the spare tire admitted it was his tire. I called my insurance agent & he said some ins. companies use reason, but I never got an answer as to whether this is “the law” or not. If its a mere reason for not paying-should I contact my State Insurance Commissioner, File a lawsuit, or what can I do-I need my car fixed as its been a month now.
July 27th, 2010 at 1:38 pm #CD

my car was hit by a driver and I claimed her insurance as it was her fault. Her insurer gave me two options, total loss of about $2000, or a salvage retention for about $1500. I would like to keep the car and fix it, provided that the title of the car will still be a “clean” title, without the “salvage” word on it. I asked the adjuster about this. On one hand, she said they don’t need my title if I choose salvage retention. On the other hand, she said, once they ran the CCC and determined this is a total loss, my car has a salvage flag on it. She ask me to sign an affidavit if I agree to retain the salvage in the value of about $1500. Nothing else. Can I assume the car’s title will still be a clean title if I sign it and get the money? I am in Texas.
July 27th, 2010 at 5:13 pm #Jason

Aaron,
Probably the quickest thing to do is file it with your insurance company if you have physical damage coverage. If you don’t then you have a options available to you that include your state insurance commissioner or a lawsuit. I know that may not seem like you should have to do that but short of a lawsuit, it can be difficult to have an insurance company do the appropriate thing.

Insurance coverage is set up to protect the insured owner and driver from negligence that they cause. It seems if the tire was not appropriately fastened to the vehicle it was on and that mere fact seems to indicate negligence in that situation.

I am not aware of any law or court ruling that dictates that liability does not attach to the vehicle owner who had the tire fall off, especially since there was an unbroken chain of events that led to your vehicle’s damage. And probably even more important than that was the owner’s statement that the tire was his that caused the damage to your car.
July 28th, 2010 at 6:35 pm #Jason

CD,
You can assume the car’s title will still be clean if you sign and get the money from them but that assumption is probably inaccurate. Regardless, if your vehicle is valued at $2000 and they are willing to pay $1500, I don’t really see why it matters whether or not the title is has a salvage stamp on it. They are essentially paying you for the entire car, less $500.

If you are concerned about the amount they are willing to pay you, simply present the claim to your insurance company and let them settle this with you.

If the vehicle is valued at $500 after this entire ordeal is complete, do you think a prospective buyer will care if the vehicle has a clear title or not?
August 20th, 2010 at 12:16 pm #Jillian

I am at a complete loss. Recently I was involved in an automobile accident. It has been proven the other guy’s fault. And, yes, there are injuries and a totaled car…all mine. The other party’s insurance was contact the day after the accident. The passenger in the other vehicle was the owner and the insured. The driver was his cousin, who turns out to be uninsured. I have plead constantly with the other party’s insurance company to provide with with a rental car. I’ve had to pay for my own and borrow cars to get to work. The refuse stating they have yet to accept responsibility. It’s been three weeks. My car is totalled and I’m nearly out of options. Fortunately I have great health insurance to pay for the medical which is extensive. At present, the insurance company is trying to claim that their insured got insurance fraudulantly by not listing the driver (his cousin and roommate) as a driver. The owner claims the driver told him he had insurance so he let him drive. For these reasons the insurance company says they may not be liable for anything. My assertion is they accepted premiums to insure the vehicle. I’ve hired an attorney for the medical, he doesn’t do the property side. And I’ve filed a complaint with the Missouri Insurance Commissioner’s office. That process will take 30-60 days. In the mean time I have no car. No car no work, no work no health insurance and no money to pay to keep the roof over my head. All I was doing was going to work like a responsible person does. I didn’t ask to be involved in an accident nor did I select two nobodies to have an accident with. Can they so this?
August 20th, 2010 at 12:37 pm #Jason

Jillian,
The best approach is to not put yourself in a position to rely on other people to take care of the damage to your vehicle. Simply submit the claim to your auto insurer and let your company handle the damages to your car.

Now if you didn’t have collision coverage, then you are at the mercy of this insurance company. The driver does not have to be insured. The insurance follows the vehicle in your state. (Unless the insured driver is driving a non-owned car that is not insured, then the insurance follows the driver).

The insurance company will look at ever angle it can to be off the hook for liability for injuries and property damage. There is not enough information known about the insurance of this driver, how the insurance was obtained, when it was obtained, etc. so you ask can they do this? Yes, they can.
August 26th, 2010 at 9:27 am #Mark

Admin – I completely disagree with your answer to Valeria’s problem because her son is the Victim. This victim should be indemnified and if it costs the other party (OP) insurer $5000 or $10,000 to indemnify the victim then that is what the at fault pay’s insurer should pay. Or the at fault driver’s insurer can send the victim to an approved body shop and then Guarantee the repairs for 4 years. This way the victim will not get SCREWED.
Valeria Christiansen

My son, a California resident with a California-registered and -insured 1993 Saturn SL1 with approximately 177,000 miles on it, is attending graduate school in Denver, Colorado, and has had his car with him there.

Last Saturday morning, in snow-and-ice conditions, his car, legally parked curbside across the street from his apartment building, took an ugly hit to its left-rear door and fender panel in a multi-vehicle incident.

Since the Saturn was not insured under our policy for collision, a claim is being pursued against the driver of the vehicle that struck it. That insurance carrier has accepted responsibility and sent an “appraiser” to inspect the Saturn and the body shop reported to my son that the pronouncement that the cost of repair to “restore” the vehicle was $2,400. This appraiser has not contacted my son directly at any point.

At the same time, the body shop, to which my son was referred by a Saturn dealership in the area, has told him that they could do a repair that would make his car once again presentable and drivable (but not “restored”) for approximately $1,000.

We understand that my son may very likely be informed by the insurance company (again, it’s the other guy’s carrier) that they will want to “total” his car. The consensus in our family is if we can get the car back in presentable, drivable condition that would be desirable as my son is scheduled to graduate in June and sometime over the following months transition into employment, and having to deal with getting a replacement car right now is untimely and very inconvenient.

The way we see it, getting a late-model used car would be a hit to his finances, because we know the insurer’s payment will nowhere near cover that cost. And the alternative of taking the insurance money which we anticipate will be low to go buy a “cheap” used car, which would likely be as old as the Saturn, but with a completely unknown background and who knows what issues and problems, doesn’t make sense if that same money would allow my son to keep the Saturn, a great little car that has served him beautifully for 6 years already.

What would we have to do to keep the Saturn without it being transformed into “salvage” and/or having insurability problems going forward?

March 1st, 2009 at 9:53 pm #admin

Valeria,

It’s your car and no one can take it from you or put a salvage title on it. Let the insurer take a deduction for salvage value from their settlement to you. That salvage value is negotiable. If the car has no collision or comp coverage, you should have no “insurability” problem. A dented fender does not make the driver more likely to have an accident.

If you are trying to save money on the repair, consider “doing it yourself. Saturn is the only car that has “bolt on” quarter panels (just like fenders on regular cars). And the Saturn parts come pre-painted from the factory so you don’t have to pay a body shop to paint it. I imagine the doors are the same. Your car will have a paint code label somewhere. Ask the dealer where it is. Give the paint code to the dealer parts guy and get a price on the parts. You can also shop for used parts, but it the color does not match, then you have to paint it.
August 26th, 2010 at 9:39 am #Mark

Jillian,

I disagree and agree with Jason’s opinion. I only agree with Jason under these circumstances: If the cousin of the insured is a resident of the insured’s household and if the insured stated that all licensed drivers in the household have been listed on the policy then you are SCREWED.

I am not going to go into a 30 minute typing explanation cause I am not earning $$$.

If a family member, friend or complete stranger is visiting my home and I loan my family member my car and they get into an accident then VICARIOUS LIABILITY occurs and the victim will be compensated.

GOOGLE Vicarious Liability.

Unlike Jason, I have my Associate In Claims designation from the Insurance Institute of America and I have sold insurance for 15 years as well as having been an underwriter and adjuster.
August 26th, 2010 at 9:47 am #Mark

Iren

I have never in my entire life heard of a liability insurance carrier limiting the amount of its payment to below policy limits. Unless you live in a state where the minimum liability limits are $5k and you bought those limits? If the answer to that question is yes then YOU are SCREWED!
August 26th, 2010 at 2:33 pm #admin

To all commentators,

We are all trying to help our visitors here to the best of our knowledge, right or wrong. We don’t need to berate each other. We should be on constant guard to protect this website from flame wars …
August 26th, 2010 at 7:17 pm #Jason

I agree with admin that we are here to help people with our experience and knowledge that can be valuable to some that don’t have the experience or knowledge concerning insurance and claim help. I am here to provide information to those that have questions about insurance, claims, and who need a little guidance. I am not posting on this forum to inform people about my AIC, ARM, AIS, how many parts of CPCU completed, finance degree, Masters, or in which area of the insurance industry I may or may not practice. I won’t confirm my education or experience but hope my information helps people who need it because I personally believe my input is reliable and timely.

In summary, thanks to everybody for your comments.
August 31st, 2010 at 1:14 pm #Teresa

Hello, my neighbor backed into my car and damaged my driver side fender. I have a jeep that has fender flares (made of plastic) on it. The insurance company put a new fender on, however it does not match the other three. The new one is black and the others are gray due to sun fading. This is blatantly obvious and even the guys at the shop said it looked really bad. I was looking at trading in my jeep for a new car and am pretty certain this will affect the value. I feel that the insurance company should be responsible for ensuring that my car essentially be in the same condition as before it was hit (ie all fenders matching), however they said are only responsible for replacing a damaged part although it does not match the other three on the vehicle. I am a grad student and can’t afford the $580 it was estimated to fix the other fenders so that they match. Is there anything I can do (besides complaining to people on the phone who don’t seem to care)? Thanks for your help.
August 31st, 2010 at 1:19 pm #Patty

My son hit a deer while driving 2004 SUV that was in my name with a $10,000 loan balance and 117,000 miles on it. He thought he had insurance on it as the dealer said he was covered when he left the lot. I never received a request from Wells Fargo for proof of insurance. He’s had the car for over 2 yrs. He did have ‘gap’ insurance, but they are stating that the car is worth $700 less than when I purchased it. Do I have any recourse ?
August 31st, 2010 at 5:13 pm #Jason

Teresa,
That is pretty much what the insurance company owes you. Perhaps you can work out an arrangement with the body shop so they can locate a used (and faded) fender flare for exchange for the new one that was placed on your jeep. Of course, both the new one and the old one will be used and there will be a cost for the used fender well and the labor to swap it. Good luck.
August 31st, 2010 at 5:19 pm #Jason

Gap insurance is there to cover any “gap” in the value of the vehicle and what is owed for it. It only seems reasonable that the SUV is worth less now than when he purchased it because vehicles generally depreciate over time. The gap insurance is there to pay the difference between a vehicle’s value and the loan amount. From what you’ve indicated, the situation appears to be exactly what it should be.
September 2nd, 2010 at 8:33 pm #Toni S

My husband was hit by an uninsured driver that ran a red light back in feb. apparently because our insurance companies records had not been updated, our payment had not been posted to our account yet so they denied our claim. (payment posted 10 mins after police report time of incident). our truck was deemed totalled and the insurance co told us our options. we told them we wanted to voluntarily relinquish the truck to the finance co., we also notified the finance co of this AND the auction/salvage yard where the ins. co. sent the truck. now SEVERAL months later we are being contacted by OUR ins. co. stating that they had to pay $300.00 in storage fees to the auction/storage place and if we do not pay them back with in 15 days that they will suspend my husbands drivers lic. we live in texas…is this legal? can they charge us for this?
September 3rd, 2010 at 10:37 am #Jason

Toni S,
The situation you provided was that both cars were uninsured at the time of the accident.

The insurance company seems to have been acting in good faith based on assumed coverage to have the truck sent to the action/salvage yard and then after further review determined that coverage did not exist on the truck at the time of the accident. Their towing fees and storage fees may be legitimate.

Now, can the insurance company suspend your drivers license because you did not pay them? Texas is a state that allows the DMV to suspend a drivers license if a vehicle is not insured or if you don’t have proof of insurance. The likely arrangement your insurance company has with the DMV is to submit reports of lapsed and canceled insurance to the DMV on a periodic basis.

Whether or not you pay the $300 to the insurance company does not appear related to their obligation to submit your lapsed insurance to the DMV. Since 6 months time has elapsed since the accident, the information about your insurance and the truck may not be timely for the DMV to act upon.

The insurance company can ask you to pay this because it is related to their expenses related to your vehicle. Since you relinquished the truck to the finance company, it may be the finance company’s expense but that is merely speculation.

The insurance company can attempt to get your husband’s license suspended but it is not certain they will be successful since 6 months has passed. However, I don’t know if the $300 is worth the risk of them being successful.

(Perhaps others can provide more information because this involves the DMV, legal issues, and practices of insurance company’s specific to Texas.)
September 14th, 2010 at 4:19 pm #ash Rotman

I had a hail claim on my wife’s Jeep. My Insurance Cimabue sent out an estimator and sent me a check for estimated cost minus deductable. I took the car to the shop and now that the car is done my insurance is refusing to pay and saying it was a false claim. What can I do?
September 14th, 2010 at 5:51 pm #Jason

Ash Rotman,
It seems if your insurance company sent you a check, less your deductible, they have already paid. I don’t understand how they are now refusing to pay based on a false claim if they already paid. Perhaps there is more information that you need to provide to obtain an answer.
September 17th, 2010 at 5:49 am #Keke

My car and 3 others was hit in my parking lot. Mine was hit first so it’s way worse than the others. Woman had a seizure and plowed into them. Her ins totalled all 3 and I suspect they will fix the 2 and make money from them. I only had liab. It’s a ’94 with highway high mileage and it got me where I needed to go. The adjuster did nothing but play phone tag with me. He would leave mess and say nothing but call me and every time I called he wasn’t there. It’s been a month and I’ve had to borrow a car to get to work,been out expenses I otherwise wouldn’t be and didn’t have it to spare,missed work. I didn’t ask for a rental car cause I didn’t think it would be this long. I finally talked to him last Th and he said all he obligated to do is give me retail value,1500.00. I told him I don’t believe him and I think I should be compensated for expenses and emotional stress. I can’t buy another car with this and pay TTL or make car pmts. His client has a history of seizures and 1 other wreck I know abt. I’ve been told to not accept it and to sue her personally. My ins hasn’t helped me at all and I’ve been with them for at least 15 yrs with no claims. Please can someone tell me whether I should sue her and how to find an att that will help me since I’m poor.
September 17th, 2010 at 8:00 am #Jason

Keke,
Hiring an attorney can be rather costly and there isn’t a reason in your post that would indicate you need one. If the $1500 if a reasonable amount for your car, then that is what her insurance company should pay you. If you have other expenses directly related to the damage to your vehicle such as taxi fees, rental fees, or other transportation related expenses, these should be offered as documentation to the adjuster for reimbursement.

As far as emotional distress, from what you posted, this does not meet the threshold for any monetary compensation.

I don’t know who has told you not to accept this settlement but that doesn’t seem to be rational advice.
September 21st, 2010 at 3:40 am #Keke

After posting in a few places and talking with others abt this I do understand that the ins comp is not going to give me more the ACV which is 1500. I havce also been told by alot that I can still sue her personally for punitive damages,think that’s what it’s called,by going to small claims court. If I do this can I go ahead and take the settlement from the ins co and then sue her.Doing this shouldn’t have any effect on the case with her,would it?
September 21st, 2010 at 7:04 am #Jason

Keke,
You are correct that the insurance company isn’t going to give you more than ACV of $1500.

The advice you are receiving by these people is more talk than substance. This woman did nothing worthy of having a judge or jury think her actions require her to have a monetary punishment against her. Accidents happen all the time and it happened to this woman and several cars. Where she should receive her monetary consequence is through any tickets and fines that may have been issued to her. The tickets she receives is between law enforcement and her and should have absolutely no bearing on you.

You can sue anybody for anything. However, your acceptance of the funds would under-mine any attempt to sue this woman in small claims. If you didn’t accept the money, the most likely outcome of a small claims action will be that the insurance company should pay you $1500. By not accepting their offer now, you are adding about $100 of nonrecoverable expense you will pay to initiate a claim, around $50-$70 to have this woman served the courts papers (also nonrecoverable), and many, many months of wasted time and effort to have the same outcome that the insurance company is voluntarily offering at this moment.

The best advice anybody can give you is to accept the settlement money, forget about this woman, and continue on with our life.
September 21st, 2010 at 9:22 pm #Keke

Thank you for input. Yes I found out if I settle with the ins com I can’t sue her. You’re right abt it being more money and troub;e for me. I can’t take anymore. Looks like I’ll looking for a long time to find a decent car for less than 1500 since I have to buy a TTL. I have looked at 3000 car ads so far and not having any luck.
September 21st, 2010 at 10:42 pm #admin

Keke,
If you think your car’s ACV was way too low at $1500, consider the eBook on Total Loss Auto claims at UClaim.com. You should not have to look at 3000 car ads. Something is wrong.
October 5th, 2010 at 2:46 am #Dana

I just filed a claim about a small accident in a parking lot in Minnesota. Now a relative says I shouldn’t have put the claim in because the damage was not significant enough. I have a fairly new Saab with no other damage and haven’t filed a claim in years against my State Farm Ins. My bumper was cracked, and I wasn’t at fault, but since I had reversed into the driving area and she was about two feet out of her stall, my insurance says it is probably a 50/50 situation. Two questions: is there any way to dispute my part in the liability? And is there a way to reverse my claim? In other words, ‘take it back’?
October 5th, 2010 at 6:51 am #Jason

Dana,
You can dispute your assessment of the liability but it would be a meaningless dispute. The question you have to ask yourself is what will it matter what % it is decided?

No, you can’t reverse your claim but you can withdraw it or cancel it. It will still be a claim of record but they would just close your claim file.
October 6th, 2010 at 5:59 am #Gracie Parker

the best show car that i know are those expensive Bentleys and Audis`:,
October 23rd, 2010 at 1:06 pm #rhonda

the mechanic said it would be fine if we had him disengage the 4WD and make our 2000 ford explorer a 2WD. we said OK. he removed the front tranfer case and completed the conversion and we drove our vehicle home. next day while on highway something happened and front drivers tire with part of the braking system broke away. i now am concerned the claim would be denied because of alteration of vehicle
October 23rd, 2010 at 4:10 pm #Jason

rhonda,
There are Ford Explorers that are 2 wheel drive. That alteration should not matter. You didn’t explain what happened on the highway but if something breaks away without a collision or other provoking incident, I don’t see coverage for this. As you didn’t have a question, this is the extent of what I will post.
November 18th, 2010 at 9:31 am #Teacher

Hi,
We had a vehicle totaled, and our GAP insurance denied our claim stating that the vehicle exceeded the 125% loan value. However, on the paperwork we requested fro m the GAP company, they used the wrong MSRP. They MSRP they stated was around 36,000. We requested a copy of the invoice from the dealership we bought the vehicle from and the MSRP was right at 46,000. We financed right around 50,000. So, they are 10,000.00 off. Suggestions? We are going to send a copy of the invoice from the dealership to the GAP company. What should we expect?
November 19th, 2010 at 4:45 pm #Jason

Teacher,
GAP insurance plays a role in the total loss valuation of your vehicle compared to your loan against that vehicle. GAP insurance doesn’t care what your MSRP is. What it looks at is the insurance settlement amount (before deductible) from your insurance company and the current loan amount on the day of the total loss. If the loan amount is less than or equal to the insurance settlement, then the GAP insurance doesn’t need to make a payment. If the loan amount is more than the insurance settlement amount, then they would pay for the difference. There may be some restrictions in their obligation that excludes any amount borrowed that exceeds the vehicle’s valuation at the time of the contact but I don’t know that is the case involving you.

For example, if a vehicle was purchased for $10,000, and the loan amount began at $12,000, and the GAP contract may have a clarification that the insurance settlement will always be adjusted by adding $2000 to the insurance settlement amount before comparing it to the loan amount.

GAP insurance is actually the hedge against a vehicle’s market value decreases faster than the outstanding loan balance. In the above example, if an accident would happen the same day the car was purchased for $10,000, then the valuation would also be $10,000. The market value of the car did not decrease and the loan did not decrease so the insurance settlement would be $10,000. And you would be asking, what about the $2000, isn’t that the difference between the car’s value and the loan settlement amount? Yes, it is but why are people paying $2000 more than market value for a car? This $2000 can be considered the uninsured portion relating to the transaction concerning GAP insurance.
November 19th, 2010 at 8:27 pm #Angel Cylone31

i have a 2004 mazda rx8 back in jan of 2010 i live in los angeles, a heavy storm had hit the city, while coming up to the entrance of a freeway there was a puddle of watter but not knowing after the incident there was a dip that when i drove into the entrance of the freeway it was deeper the pavement was crack so there was a dip so it was off balance and deeper than it look like so it flooded my engine, when i have called my insurance company(safeway insurace) they took care of the catalic converter but not my engine which it was damage resulting the flood , water went inside the engine broke one of my seal, shouldnt my insurance should had cover the engine if the damage was cause by nature of god i guess it what u called it?
November 20th, 2010 at 6:11 am #Jason

Angel Cylone31,
If the damage to your engine was caused by water essentially the same way your catalytic converter was damaged, then the insurance should cover that damage as well.
November 20th, 2010 at 6:54 am #Angel Cylone31

so jason,so my insurance acted in bad faith then? should i get a lawyer open a case or file a claim with the state agaisnt my old insurance for not covering what they should had cover along time ago?
November 20th, 2010 at 3:28 pm #Jason

Angel Cylone31,
No, nothing that you indicated puts your insurance company in a position of acting in bad faith. Do they know about your motor issues? How long before the water did the motor need attention? Do you have a mechanical technician that will relate that the failed bearing is related to the water?

You can get a lawyer if you want. The thing is that the lawyer will want a retainer from you between $1000 to $3000 and then will consume this amount doing the things you want your attorney to do until the money is gone and you have nothing further than you did before you hired the attorney.

Did you call your insurance company and indicate to them that this bearing problem is related to the prior claim that they paid for your catalytic converter? If not, then that is probably what you should do first.
December 15th, 2010 at 1:01 pm #Georgina

Can anyone tell me if there’s anything I can do for an insane auto premium increase for moving 10 miles away?
I moved July 11th and my policy was up until August 24th. Then I received a letter saying I owed $130 more!

I had already paid off my six month policy. That is just crazy to me! No other factors for the raised but the move. Which doesn’t even makes sense because I move from the city to a suburb.

There has to be something I can do to fight this! Does anybody have any advice?
December 15th, 2010 at 5:23 pm #Jason

Georgina,
Yeah, talk to your agent. If he’s an independent agent, there may be other companies he can place you with, and maybe even save you money in the process.

If you are with an captive agent and they sell for only one insurance company, check with other agents. Do some shopping. It might take a little time to do this but it may be worth your time to check out the competitiveness of other companies. A good rule of thumb is to re-check your insurance needs, coverages, and rates every 2 to 3 years.

One of the factors that determine an auto premium rate is the mileage you drive from home to work, one way. You may have been in the casual or leisure driving category and you may have been re-rated in another category other than casual or leisure driving. This is one of many factors used to determine your premium rate. There may have been a recent review of your traffic violations that sparked an increase and it may seem that it’s related to your move but it may not be.

If you want to know why, just ask your agent. If you want to find a lower priced policy, just do some shopping around. Chances are that you can find something less expensive.
December 16th, 2010 at 7:35 pm #Arnie

my car was stolen over 5 months ago. insrance company has not paid me and keep stalling . what can i do. they tell me to sumit paper work and when i do they seem to go on vacation the same day i file
December 17th, 2010 at 8:05 am #Jason

Arnie,
It seems a little odd that a claim for a stolen car was submitted over 5 months ago and the claim has not been either denied or paid.

In order to address your question about what can you do, it is important to understand what the insurance company is doing when you refer that the company “keeps stalling”.

Also, what paper work are they asking you to submit? Did you complete a police report concerning the theft?
December 24th, 2010 at 4:24 pm #Shay

Hi,

While I was sleeping my 22 year old son took my car to his friends house to grab his video game at 12am in the morning, and on the way back home he blacked out and hit a parked car and a utility pole. My new SUV is a 2010 that I only had for 6 months and still owe payments on. I called my insurance and they asked me if I gave him permission to take the car and I said no I did not, the insurance took me and my son’s statement and he also told them what I told them, but my husband later told me that he gave our son permission to take the car and come right back. My son has a drivers license but is not on our insurance policy. I have full coverage and me and my husband have two cars insured with Travelers. The rep told me that my claim maybe denied because he did not have permission to drive. Also my husband cosigned the car for me. After many calls and to return calls back from the claims rep. I receive a letter in the mail stating that my car is a totall loss and my claim maybe denied. My question is can I appeal and tell them that my husband gave my son permission to take the car while I was sleep? I was so mad at everyone in my house that I stopped speaking to them for a couple of days.Will the insurance pay anything? like the other drivers car or my son’s medical bill from the accident? HELP PLEASE! Thank you for your time.

Also I receive a letter today stating that my claim is still under investigation.
December 24th, 2010 at 4:26 pm #Shay

Hi again,

I have a broker and Travelers insurance. What does a broker do and how do they get paid?

Thank you.
December 24th, 2010 at 6:00 pm #Jason

Shay,
I will briefly address your questions. Of course you can appeal and indicate that with the additional information you gained, your understanding of the situation has changed from your initial interview. If you provided a statement without as much as information as you have now, of course your can correct that.

I don’t know that the insurance will pay. It seems if he was a permissive driver by your husband, I don’t see any reason why they wouldn’t pay for the damage. The medical bills are not as certain.

The broker is a person that acts between you and the insurance company for the purpose of facilitating an agreement or a financial contract. A broker receives a payment or a commission payment from the company they conduct business with.
December 27th, 2010 at 8:19 am #Jodi

Commercial Auto Question –

A snow plow company is clearing a lot and hits an asphalt ramp the was not part of the original concrete lot. They damaged the ramp and it needed to be replaced. The claim is being denied by the insurer because they state that the lot was in the care custody and control of the insured during snow removal. Many ladnscapers have claims like these and I have never experienced a denial on this basis. Does this seem reasonable? I would argue that the insured was hired to move snow not to work on the lot surface therfore any property damage should still be covered under the auto liability. Additionally, what is reasonable care is this case? Most landscapers have multiple drivers and each driver may clear different lots on any given day. Is it reasonable to expect every employee of the company to know the intimate details of each lot the company is contracted to clear? Seems unreasonable to me. Your thoughts?
December 27th, 2010 at 10:08 am #Jason

Jodi,
Snow removal from a lot is actually a from of lot maintenance. The snow is being removed from the lot so the lot can be used for its intended use.

Professional people are expected to have a certain level of competence in their field of expertise. It is expected that they will professionally and accurately perform their services, according to the common standards of conduct for their business. If a professional person fails on the job, intended or unintended, they can be held responsible for any harm they cause to other people, business, or property.

Although it appears the landscaper is responsible for the damage, this type of damage does not flow through to the policy to be covered as a liability the insurance company intended to cover.

The snow removal process is a work product (service or result) that the landscaping company did not perform correctly. Damage to an asphalt ramp while performing their service confirms the snow removal service was not done with competence since the ramp was damaged.

The insurance company’s expected remedy for a professional who incompetently causes damage while clearing the snow from a lot is to clear the lot again in a competent fashion (not causing damage to a ramp) and is something the contractor should be able to absorb because that is what the contractor does.

Can this lot be cleared again while not causing damage to the ramp? Of course it can and that is the way a general liability policy addresses situations of this nature.

Although the work can be redone, the damage cannot be undone. This is the sort of damage that the contractor is not insured for and one way to make this right is for the landscaping company to repair, replace, or reimburse for the damaged ramp.
January 2nd, 2011 at 7:18 pm #Jeff

While driving west in Ft. Lauderdale in the afternoon, another car hit my suv on the right rear door. It happened at such an angle that her left outside mirror dinged my door and that was the only damage to my car. A ding. We both stopped in the middle of our lanes. We pulled over and we were going to drive to the next intersection but she drove off through the next traffic light which I did not make it through. The only contact to either car was the mirror to my r. passenger door ding. I wasn’t going to claim it as it was a ding and I felt that I would look kind of stupid trying to claim a ding that didn’t even scratch the paint. I thought maybe she didn’t have insurance, a license, etc. and that was the reason she drove away. The other party afterwards filed a hit and run with the police and supplied my license plate and claimed that her car was damaged on all sides. The GEICO adjuster wrote up repairs to repair her right side, bumber and the entire car. I recently found out the claim which should have been for 100-150.00 turned out to be a claim over 4,000.00 against me for a ding. The Geico claims dept. is now giving me the runaround. What can I do? Its their adjuster that wrote up all of the damages fraudulently for damages on her car that had nothing to do with this accident. The accident was said to be against me because she filed with the police. I wasn’t going to file a ding to my car. What can I do?
January 3rd, 2011 at 7:39 am #Jason

Jeff,
Your question, “What can I do” is a little vague. What do you want to do? Do you want to make a claim for your damage? Although your damage may have been a ding on your car, that doesn’t mean the damage to her car was also a ding.

It really doesn’t make sense that you both stopped in the middle of your lanes, then stopped again on the side of the road, and then made plans again to stop at a different area on the road at an intersection.

Whether it’s right or wrong, this woman that made the police report and claimed hit and run against you has the upper hand regarding the accident and how it happened.

What should you have done is probably a better question. Immediately after this contact was made between this woman’s car and your car, you should have called the police and completed an accident report.
January 3rd, 2011 at 2:33 pm #george

i have a question my girlfriend left her truck with me to be safe when she went on a trip it was parked in the street in front of my house and the guy across the street backed into it and damaged the door i have taken it to many shops and they are all telling me that the paint job is costum and they will not be able to match it and they dont even want to attemt to do the job there was not 1 dent and there is only minor scratches on the truck so how would i get this repaired to look the same 1 shop said they could make a job like it but they need to repaint the truck so does his insurance have to pay for a complete paint job?
January 3rd, 2011 at 3:09 pm #Jason

George,
Your neighbor’s insurance company should pay for the cost to repair the truck to it’s condition prior to the damage. I find it odd that the body shop is unable to match the paint. If the paint is custom, then they will just have to mix the paint to match the custom. That is not too difficult with equipment that can determine colors to nearly a 100% accuracy rate.

The common practice in the body shop area is to blend adjacent panels to the one that is fully painted. This simply means that they will lightly paint the neighboring panels with more paint applied closest to the fully painted panel and less paint the further away from the fully painted panel. The human eye is unable to pick up differences this minor when looking at a vehicle’s paint.

Many paint automotive paint jobs apply this technique of blending because even if the body shop is able to use the factory paint code from a specific vehicle, paint will fade over time, and blending is needed to have a nice looking paint job when all is said and done.

No, the insurance company would not pay for a complete paint job. The insurance company is responsible for repairing the damage, then painting the panel and allowing a sufficient allowance to blend the adjacent panels.
January 19th, 2011 at 8:27 am #john

im a driver is there any way that can get coverge for my engin, transmition, breaks, and other parts for my car.
January 20th, 2011 at 11:59 am #abo

I am trying to help a friend. I understand that they had GAP insurance (rolled into their auto loan). Over the course of the loan several late payments were made, never skipped, just late. The vehicle was totaled and GAP insurance has denied their claim. Now they are being sued by Ford for the balance due on the loan.

Obviously I do not have a copy of the contract and she is not sure if she has it. Can a GAP claim be denied due to a late payment?

Thanks.
January 20th, 2011 at 10:30 pm #Jason

abo,
Well, if she is not sure she has gap insurance, this gap question is out of place. Either there is gap insurance or there isn’t.

To directly answer your question, can gap insurance be denied due to a late payment? No, it can’t.

Gap insurance covers the difference that exists between the amount owed on the loan, and the difference between what the primary insurance pays for the damage minus the current valuation of the vehicle immediately before the loss.

Gap insurance is not a primary insurance and this may cause some confusion for people. If there is no primary insurance, gap insurance may not respond in that particular situation.

I wish I could provide you with more information but that may be impossible due to the fact that you may not have all the information to accurately ask those questions.
January 20th, 2011 at 10:40 pm #Jason

John,
Yes, there is coverage you can get for your engine, transmission, and other non-wear parts of your car. This would technically be a service contract but is really insurance of a sort. In reference to your brakes, yes, a service contract will cover some components of your brake system but will not cover wear items like brake pads and/or rotors. It likely would cover the ABS system and other non-wear parts of your vehicle.

Generally, the cost of this type of coverage is more costly than it’s worth. It is usually available for both new and used cars and sold through a dealership at the time of sale.

I personally would not advise purchasing this type of coverage because it is costly compared to the average cost of repairs a typical vehicle owner would encounter.

To expand on this a little more, traditional insurance does not cover the items you posed in your question. Things that can be damaged in a collision or other accident is what would be covered by a traditional insurance policy like a vehicle’s fenders, hood, windshield, and other car components that are damaged when a vehicle hits another vehicle or object.
January 27th, 2011 at 12:49 pm #Paul

My insurer is Progressive. I recently had my Honda element stolen from in front of my house. I called the police and filed a report, and then filed my claim. The car has not since turned up.
The insurance adjuster is now telling me that if I cannot produce maintenance receipts for the car, she will not honor my claim. I did all of my own oil changes for the past couple of years to save money and because I enjoy working on cars. I have no receipts of any kind, and any I did have for other repairs were in the car.
A mechanic recently performed a brake job and some minor repairs, and I gave the adjuster his information, for 3rd party verification of the condition of the car. Not good enough, she says, and she is denying the claim.
Is this standard? I can’t believe that I paid these people premiums for 3 years, and the very 1st time I put in a claim, they deny it over something like this. Any suggestions/ideas?
January 27th, 2011 at 4:25 pm #Jason

Paul,
There is obviously more to your claim than what you indicated because insurance companies don’t deny claims for not producing maintenance receipts.

There is not any part of your policy that says you can’t change the oil or do other maintenance on your car.

Is you claim denied or are you still in the process of the insurance company gathering information? They may just simply be covering all their bases and doing that in a thorough way in case your vehicle is recovered. If they pay your claim and then the car is recovered, they will need to sell the recovered vehicle for salvage. If the car is recovered before the settlement is complete, then they would make any required repairs to the car prior to the theft, if any, and then their claim is closed.
February 1st, 2011 at 7:19 pm #Barry

I live in Virginia and I got into an accident last year. The accident was my fault and my vehicle was totaled. Luckily, I have comprehensive insurance. My vehicle had customized options (for a wheelchair ramp), and though the insurance company did not know about the modifications, they covered all the options 100%.

After I purchased a new vehicle, they asked very specific questions about any customized equipment that was part of the vehicle (what was it, how much did it cost, etc). After the interview, the agent stated that they “forgave” the previous accident but my policy was going to increase by $1500/yr because of the customized equipment in the new vehicle.

I have since read that in Virginia, that you are not required to tell the insurance company about customized equipment and that the insurance company covers customized equipment “automatically”.

So, were they allowed to ask about the customized equipment? Are they allowed to charge me extra for custom options when it does not seem that is allowed (or necessary) in Virginia?

Thanks
February 1st, 2011 at 8:54 pm #Jason

Barry,
Yes they are allowed to ask about the customized equipment. You policy might already covered customized equipment to your vehicle but up to a certain dollar amount but that isn’t the issue here.

If your premiums went up by the amount you have indicated, it is time for you to look for another insurance company.

As a rule of thumb, you should be reviewing your coverages and insurance shopping every 3-5 years. It is time for you to do that right now.
February 3rd, 2011 at 6:22 pm #Nick

i never signed the release for limits and liabilys what can i do if my insurance company did anyways
February 3rd, 2011 at 7:45 pm #Jason

Nick,
Could you be specific? What did your insurance company do anyway without your signature?
February 3rd, 2011 at 7:57 pm #Nick

I was in a accident and they sent me a letter asking permission to release my limits and liabilitys to the opposing insurance companys and i told them no until my claim was satisfied and they did it anyways
February 4th, 2011 at 6:20 am #Jason

Nick,
As a result of your insurance company releasing your coverages and limits to the opposing insurance company, what would you like as a remedy? Your insurance is there to protect you in the event of claims against you. There appears to be a claim or claims and your insurance company is doing what it can to protect you by confirming you have available coverages and limits. I am not aware of the policy language that gives you the right to withhold your insurance information to a party that needs to know that information. Their communication with your concerning the release may have been their procedure to notify you of a claim that may reach or exceed your limits.
February 11th, 2011 at 8:56 am #Scott

My vehicle was hit by another driver. I took my vehicle to an auto body shop for an estimate and their written estimate was $1,100. The other driver’s insurance company estimated my damage at $1,500. The insurance company said that I had to take their (insurance company’s) estimate to the body shop before repairs could begin. The insurance company sent me a check (made out too me) for $1,500. I picked up my vehicle after repairs were made and the body shop’s bill was exactly $1,500. I paid them that amount to get my vehicle. Now I wonder if the body shop should not have billed me only $1,100 since that was their written estimate given to me.
Whose estimate must the body shop go by? The one they gave to me or the insurance company’s? And should I be able to go back to the body shop and ask for the difference ($400) back?
February 11th, 2011 at 9:59 am #Scott

Following up on previous post -
I called the body shop. They said that the price to fix my vehicle ended up being over the insurance estimate of $1,500, and that they billed the insurance company directly for that overage. I asked why their initial estimate was much less than the insurers estimate and they said that their original estimate was just an estimate and that parts prices had increased. I asked why their original estimate was for 2 hrs labor and they billed the full 5 hours that was on the insurers estimate. I thought that they would use book rate just like if I were to go someplace for an engine repair for instance. They said that body shops don’t work that way and their labor hours can change depending on what it actually takes to do the work. Still, I think they’re milking it for all they can.
February 12th, 2011 at 7:43 pm #Jason

Scott,
Whose estimate must the shop go by? The simple answer is the highest one. Is it fair? Not really. Are you able to ask the shop for the difference back? Sure, you can but you won’t have any success. On occasions, the body shop will write a lower estimate than the actual job cost with the anticipation of billing for the actual cost when they actually get the job. The insurance company will pay because it’s called a supplement and that happens all the time.

In your situation, you should have collected the settlement from the insurance company and then took the vehicle to a body shop to repair the vehicle with no notice of an insurance company involved. You likely would have gotten an estimate of $1100 and without the situation you ran into with the body shop and the insurance company, you would have fixed your car and had an additional $400 in your pocket.
February 12th, 2011 at 7:53 pm #Scott

Yup, I believe you’re right. Next time.
February 12th, 2011 at 7:57 pm #Jason

Scott,
I just tell it like it is and I know that it’s not always right but I want people to know the truth and sometimes it hurts. At least you got your vehicle fixed and you didn’t have anything out of pocket expense for this. Other than your time and inconvenience.
February 24th, 2011 at 12:54 pm #Lisa

My truck was backed into by my old boss. I had to go get an estimate from a body shop they said the damage was 627.00. I needed a rental car and couldn’t afford one so I had to file a claim through my insurance company. So they sent their adjuster out and he said the damage was 985.00. My insurance company ended up putting 485.00 in my acct. Now my truck is done and the shop wants 985.00 even though thats now what their estimate was for. Do I have to pay them that full amount?
February 24th, 2011 at 2:24 pm #Jason

Lisa,
Unfortunately you are going to have to pay the amount based on $985.00. The body shop will always choose the higher estimate when put in a position that they are in. Is it fair? No, but the best thing to do is get an estimate, settle the claim with the insurance company and then find a dealership and indicate the repair proceeds are coming from you and an insurance company is not involved.

The thing here is that your insurance company should now attempt to collect the money from your boss or his insurance company, including your deductible, and return your deductible to you. You might want to contact your insurance company about that.
March 16th, 2011 at 7:22 pm #Natalie

Had an accident and totaled my car. Was sent a package from Allstate stating to sign and return to them:

signed title
secure power of attorney (provided)
proof of loss certificate of satisfaction (not provided)
extra keys

Any idea what proof of loss forms are for an auto claim? Help.

Thank you,
Natalie
March 16th, 2011 at 7:51 pm #Jason

Natalie,
A proof of loss is basically a formal claim in writing of what happened, what was damaged, when, how, and where. And signed by you. It is a common practice with insurance and is basically everyone crossing their T’s and dotting their I’s. The proof of loss certificate of satisfaction is basically the same thing. It outlines the what, when, where, and is basically the statement that indicates the claim is settled. To do this properly, first a statement of loss is provided to the insurance company, then at the time a check is delivered, the proof of loss certificate of satisfaction is then signed. If this site allows, I have attached link that explains this form a little bit more. http://finance.qandas.com/insurance/what-is-proof-of-loss.html

If you believe you don’t have all the forms needed to make your claim, simply call your adjuster and indicate that to them.
March 22nd, 2011 at 7:32 am #Charles

The engine in our 2008 Ford Focus (68K miles on it) was damaged from a no-fault accident (frost heave hit oil pain and engine siezed). Our adjuster wants to replace the engine with a “used” engine from a car that has been hit from behind, has about 30K miles on it with a 1 year warranty on the engine. I don’t want an engine from a car that has been in an accident when our car never has been in a serious one..can I argue with our insurance company to get a new engine or some sort of salvage claim??
March 22nd, 2011 at 2:58 pm #Jason

Charles,
Sure you can argue with the insurance company for a new engine but that will fall on deaf ears. They owe you for a functioning engine with 68k or less miles on it, plus the cost to remove and replace it. Think about it. Your car is also “used”.

Don’t be concerned about an engine out of a car that was hit from behind. Although damage occurred to that car, it is very likely not to have anything wrong with the engine due to the accident.

One extra bonus you get with this whole transaction is an engine with a 1 year warranty. I’m confident your current engine doesn’t have a warranty on it.
March 22nd, 2011 at 5:03 pm #Barry

Hypothetically, if a friend borrows my car, totals it, totals the other car, causes serious injury to the other party, and is found at fault — how much (if any) am I personally liable for? Does it impact my insurability/rates? I have comprehensive, collision & liability.

Just curious since a friend wants to borrow my vehicle…
March 22nd, 2011 at 5:37 pm #Jason

Barry,
Your friend would be a permissive user of you car. The insurance generally follows the car. I say this because there are some circumstances where your insurance covers the car’s driver and what he does with the car including things for which he can be liable.

Sometimes, but rarely, the insurance follows the driver. This would mean that if he injured people, his insurance policy would cover for the liability he caused because of his actions or inactions. A good example of a policy that follows the driver is a “named non-owner policy”.

Let’s just use the example of the insurance following the car. If he got into a horrific accident that caused total loss to you car, total loss to the other car, and serious injuries to 3 people, you policy would pay for the loss to your car (less your deductible), loss to the other car, and liability limits up to the limits in your policy. The limits are generally stated in terms like this: 250/500/100. The first number represents the single person limit for bodily injury of $250,000 that it will pay for 1 person injured. If 3 people are injured, it will pay up to $500,000 but that money would be split proportionally for those 3 people. The last number of 100 represents to total that is available to pay for property damage you or a permissive driver cause.

If this friend borrows your car and is in an accident and this person doesn’t live with you and is an infrequent driver of your car, it should not affect your insurability or your rates at all.

Let your friend borrow your car. This is why you have insurance – to protect yourself for what happens because of your ownership of the car which is sometimes being a good friend and lending your car to a friend.
March 22nd, 2011 at 5:51 pm #Jason

Barry,
I failed to answer how much would you personally be liable for. You likely would not be personally liable for anything he does. There is an exception to that though. If you let him drive your car and you knew he was stumbling drunk, then you might be found partially liable for letting him drive your car because then it opens up to his actions and your actions that would cause the accident.

Also, there is also away that if he has insurance on a car and he uses your car, your car could be the initial insurance and it was not enough, then his insurance would kick in and cover the rest. Although this is rarely encountered, the insurance is there to protect the owner of the car and their permissive users and if that wasn’t enough, then his policy would step in an provide the insurance protection for him.
March 22nd, 2011 at 6:35 pm #Barry

Thanks for the quick response..!

Just so I have this straight, if he incurs a huge loss that completely exhausts all my policy limits, will the other party sue him, not me, for anything beyond the coverage limits?

Thanks again!
March 22nd, 2011 at 6:41 pm #Jason

Barry,
If the other party sues the correct party, they would sue him. Does that mean they could sue you? Yeah, anybody can sue anybody for absolutely no reason. The correct person to sue would be him. Have a good night.
March 23rd, 2011 at 8:00 am #Meleah

We bought a truck with slight hail damage. Then we got a HUGE hail storm and received more damage; it even broke the windshield. Can i file a claim with insurance even though it had some hail damage when we bought it?
March 23rd, 2011 at 2:17 pm #Jason

Meleah,
Your policy covers your vehicle for hail damage. If a covered event occurs to your vehicle (hail), you may file a claim.
March 24th, 2011 at 2:43 am #Becky

I am in a bind and need some advice…..My car was in the shop and my insurance carrier provided me with a rental…..I let my daughter who does not live with me and was never excluded from my policy take the said rental to work…..on her way to work she was involved in an accident the police report clearly states that the other driver was at fault, but he was not cited…..needless to say the rental is totalled and since I was the responsible party on the rental contract…..Enterprise Rent-A-Car is trying to recover the monetary sum of $ 12,135 for their vehicle…..the other driver’s insurance carrier has denied liability…..claiming that my daughter was the one at fault for the accident…..furthermore my insurance carrier is dancing around the fact that since it wasn’t her fault…..they will more than likely deny liability as well…..I thought that this is the reason we pay for insurance…..I have full coverage insurance and my carrier should cover this claim…..since the rental company is coming after me for their loss…..what can I do?
March 24th, 2011 at 6:42 am #Jason

Becky,
Your post raises some questions that would cause any insurance company to proceed with caution to make sure your insurance company doesn’t pay for this claim if they are not legally responsible for the damages. The first question is why your car was in the shop and who was the driver of that car. The second question is why your daughter would be using “your car” for a daily activity (driving to and from work). The third question is what precipitated the arrangement for your daughter to be in possession of the rental car if she doesn’t live with you. Another question revolves around the concept of an “excluded driver”. Excluded drivers generally are people insurance companies do not want to insure.

Your insurance company has many questions to answer before it can determine 2 things. The first thing they have to determine is whether your policy provides coverage for a temporary replacement vehicle for the operator of the vehicle at the time of the accident. Then after that is determined, and if it is affirmative that coverage exists, then the second thing they have to determine is who is at fault and responsible for the accident. Coverage is the obstacle your insurance company may be reviewing and because you have received a bill for the rental car damage instead of the bill being directed to your insurance company, it appears the insurance company may not have found coverage for this incident. You may want to consult a with a lawyer.
April 11th, 2011 at 9:39 am #Tracy

Can an insurance company which sells extended waranties on cars specify what garage you need to take your car to when you have a claim?
April 11th, 2011 at 12:05 pm #Jason

Tracy,
Probably. It makes sense that a garage that only works on Mercedes may not be able to fully service a Ford or visa-versa. The insurance company may have “qualified repair facilities” that they had join their array of service providers. A warranty isn’t the same as insurance, by the way.
April 12th, 2011 at 10:27 am #Sharon

I was involved in a car accident in March of 2010. At the time i was pregnant, so i was told that i needed to hold off with any injuries. I started up my therapy on my injury in december of 2010, and am now i need to have surgery My insurance company told me they would give me an answer on them covering all expenses, and now they are stating i have to wait until AFTER the surgery and all follow up care.

At what point do they have to give me their decision. this is in michigan, so being a no fault state, and the way our guidlines are, i do know, that by them accepting responsibility they are going to have to cover this for LIFE. so they will be traking their time, but this i think is BEYOND ridiculous.
April 12th, 2011 at 2:17 pm #Brandon Potter

My girlfriend bought a brand new Kia Soul. She had “Liability” coverage through Progressive and picked up the gap insurance on the loan through the dealer. Within a couple days of purchasing the vehicle she rear ended another driver before she had a chance to put full coverage on the new vehicle purchase. I am trying to figure out if someone is liable for covering the repair of the vehicle. She is confused because she felt that between having auto insurance and purchasing the dealer gap insurance on her new vehicle that car would be covered until she had a chance to call and change coverage with her current provider. Is the dealer liable for providing her a loan and then allowing her to drive off the lot without full coverage? Or did the girlfriend make a collossal mistake and her procrastination cost her?
April 12th, 2011 at 4:53 pm #Jason

Brandon,
Gap insurance is not insurance. It is a contractual agreement to pay the difference between the actual cash value of the car and the loan amount. (search this forum for “gap insurance” for more information) It may come into play if the car depreciated faster than the loan balance decreased. It also only comes into play when the vehicle is totaled. From the sounds of your post, I can’t determine if the Kia was totaled. Even if it was, the actual cash value (what your girlfriend paid for the Kia was established at the time of purchase).

The dealer is not liable for anything relating to what your girlfriend does with the vehicle. It is your girlfriend’s responsibility to have the appropriate amount of insurance. She appears to have the liability portion which will cover her obligation for the damage/injury to the car and occupants she struck. Collision insurance is what is needed for the Kia for it’s physical damage.
April 12th, 2011 at 5:06 pm #Jason

Sharon,
I’m not a big fan of no-fault insurance. What it amounts to is you insurance company pays for your vehicle damage and your personal injuries. It’s that simple. If you were injured in an automobile and you were insured under the no-fault policy, you are covered for the medical attention and expense related to the accident. For example, if you have whiplash, it will pay for your treatment related to whiplash. In your case, t won’t pay for child birth.

There is something that may complicate or confuse your automobile companies involvement in your medical bills and that is your health insurance. If you have health insurance, the two insurance companies have to do what is called a coordination of benefits. I can’t remember if no-fault is primary insurance related to the automobile medical bills or if your personal health insurance is primary.

As for the amount of time to give you a decision, there should be absolutely not time involved to give you a decision. If it’s vehicle related and you have medical treatment, it’s covered.
April 12th, 2011 at 5:07 pm #Jason

Sharon,
I’m not a big fan of no-fault insurance. What it amounts to is you insurance company pays for your vehicle damage and your personal injuries. It’s that simple. If you were injured in an automobile and you were insured under the no-fault policy, you are covered for the medical attention and expense related to the accident. For example, if you have whiplash, it will pay for your treatment related to whiplash. In your case, t won’t pay for child birth.

There is something that may complicate or confuse your automobile companies involvement in your medical bills and that is your health insurance. If you have health insurance, the two insurance companies have to do what is called a coordination of benefits. I can’t remember if no-fault is primary insurance related to the automobile medical bills or if your personal health insurance is primary. Primary just determines which insurance pays first and which pays next.

As for the amount of time to give you a decision, there should be absolutely no time involved to give you a decision. If it’s vehicle related and you require or required medical treatment, it’s covered.
April 15th, 2011 at 10:29 am #Parker

1974 VW Transporter Type II (BUS):VW is no longer making these parts they(ins co) only found aftermarket parts and not the same quality-do I have the right to request used vw parts?(found parts in CA, I live in OR. What is reasonable request for compensation for my time travel and trouble?

In OR do you have to open a claim with your own auto ins if you are going to the doctor because of damage caused by the accident?

Should I just open a claim under my insurance or will that make me pay more?
April 15th, 2011 at 10:59 am #Jason

Parker,
I take it that you had an accident and the vw transporter is damaged. Of course you can request used vw parts. The items that are damaged are used parts themselves so it is appropriate to have those parts replaced with used parts. Sometimes after-market parts can be more or less costly than used but many times it’s easier to use new after-market items. There is no reasonable request for compensation for your time, travel, or trouble. It is common for the cost of delivery of a part to be included in the cost of of the part itself.

No, you don’t have to open a claim for medical treatment related to an accident. The medical provider may ask if your visit is related to an auto accident and if you so indicate, they may send the bill to your automobile insurance for payment. Getting medical attention related to an automobile incident, and having the medical provider bill your insurance company is an indirect way of making a claim under your automobile policy.

In regard to your last question, I don’t know what you are asking.
April 21st, 2011 at 4:34 pm #Arriana

Hi, my name is Arriana.
My car got stolen a yr ago. Everything was stolen inside n out, the dash board was kicked in. So they found my car and towed it to a towing Co. I didn’t want the car because it was fully destroyed. Now monthly the towing Co. was sending me fee notices that i have to pay for storage fee because they have the car there. I mean y do I need to pay that if I never ask them to tow the car there. I was not going to pay to take my car out of the towing Co. because it was fully destroyed. I called the towing Co. and they told me that if I have full coverage then the insurance would haved payed for the fees, but i only have liability. but I’m mean I can’t afford to have taken my car out. I mean it was stolen and now I am put on collections for that. Is there a way where I can fight the situation? I have the police report stating that the car got stolen. Ugh y do I to pay.
April 21st, 2011 at 4:36 pm #Arriana

Hi, my name is Arriana.
My car got stolen a yr ago. Everything was stolen inside n out, the dash board was kicked in. So they found my car and towed it to a towing Co. I didn’t want the car because it was fully destroyed. Now monthly the towing Co. was sending me fee notices that i have to pay for storage fee because they have the car there. I mean y do I need to pay that if I never ask them to tow the car there. I was not going to pay to take my car out of the towing Co. because it was fully destroyed. I called the towing Co. and they told me that if I have full coverage then the insurance would haved payed for the fees, but i only have liability. but I’m mean I can’t afford to have taken my car out. I mean it was stolen and now I am put on collections for that. Is there a way where I can fight the situation? I have the police report stating that the car got stolen. Ugh y do I have to pay.
April 21st, 2011 at 10:12 pm #Jason

Arriana,
The car is yours. The common practice of police departments is to have a tow company removed the car (which is still yours even though it was stolen) and move it to a controlled place which is a tow yard. The police did what they are supposed to do. The tow company did what they are supposed to do. You as the vehicle owner are responsible for taking car of your property. If it is your intent to abandon the vehicle, then you need to communicate that with the tow company. It would seem there is basically 1 year of storage charges for the car. Are you able to contact the tow company and ask if you can surrender your title to them so they can dispose of the car as salvage and recoup some of their fees?

I don’t know what situation you want to fight. Everybody did everything the way they were supposed to except you. You need to take responsibility of your property even though it was stolen. It was recovered and something needed to be done with it.
April 25th, 2011 at 12:04 pm #Rose

My 2000 Jeep Grand Cheerokee was parked at the STL Airport during the tornado that hit April 22nd. The majority of my windows were blown in plus water damage (I can see a couple inches of water sitting in the cup holders and interior door handles). The only exterior damage I could really see at the time was chipped paint from the flying debris. I was told an adjuster would not be able to be assigned to me for 1-2 days.

My question is what are the odds of an adjuster saying its “totaled” rather than “repairable”. Even though my vehichle wasn’t submerged it has been raining (I was affraid if I covered it there would be more damage from mold ect) I just don’t want them to say they can fix it and then all my electical components slowly start to go out on me from all the water damage.

Thanks,

Rose
April 25th, 2011 at 5:03 pm #Jason

Insurance is either repair if that make sense or total it if that makes sense. There are no odds for the question you ask. If you have concerns about the water that entered the vehicle, simply express those concerns to the insurance adjuster. Hopefully they address them to your satisfaction.
April 29th, 2011 at 10:03 am #Terrie Gutierrez

January 2011 my insurance replaced the engine in my car due to me running over an animal. At the time of my claim, I did not have rental insurance. I added rental insurance right after this claim. Today, 04/29/11 the transmission went out but luckily I had a 1 year warranty on the transmission so therefore the mechanic shop is going to fix it however my insurance will not pay for a rental because they say that i did not have rental at the time of my original claim. Can they do this
April 29th, 2011 at 6:40 pm #Jason

Terrie Gutierrez,
Your claim right now does not appear to be a covered claim for the April 29th engine failure because insurance companies don’t insure for engine failure unless it is related to an accident or incident covered by your policy.

What appears to be happening is a continuation of your claim from January, 2011 because the resulting repair was not satisfactory. If they don’t allow for a rental vehicle that would make sense because you didn’t have rental coverage during that first claim.

With the information provided, I don’t envision this as a new claim and it is likely the continuation of the first claim. For clarification, you may want to ask your insurance company if that is the case. If not, ask them to explain it to your fully.
April 29th, 2011 at 9:51 pm #CA Will

My son borrowed my car with my permission because his vehicle was in the shop. He was not on my policy but a member of my household and has his own liability coverage on his vehicle. He was in a single car accident and DUI. My insurance paid my damage and is now pursuing him. I gave him permission to drive but not permission to drink & drive. Will his liability policy cover my damages?
April 30th, 2011 at 6:16 am #Jason

CA Will,
Since your damages were paid by your insurance company, there are no damages you sustained that need to be covered by his liability policy.

If you are asking what happens behind the scenes, it doesn’t seem like a reasonable thing for his policy to reimburse your policy. Your son had your permission to drive and insurance in most cases follows the car, not the driver.
April 30th, 2011 at 8:58 am #Steven S.

Forgive me if this has been asked and answered already. Recently I was involved in an accident where it wasn’t my fault, he ran a redlight and I hit the rear passenger of his car. His vehicle is immobile while mine has heavy damage at the front driver side.

Basically, I don’t have insurance and he does. Will I still compensated for repairs? What should I do? This is my first auto accident.
April 30th, 2011 at 9:37 am #Jason

Steven S,
Every driver is partially responsible for an accident. I always say that if at least one of the drivers is paying attention, an accident can be avoided. However, if your assessment of liability is less than the other drivers, which if he ran a red light and you are assessed a liability factor of 49% or less, and this other driver has liability insurance, it is likely you will be compensated for repairs.

Another scenario is if he has insurance and your are assigned 40% liability for the accident, you may receive only 60% of the cost of the damages. I don’t know in what state this accident happened and that would be one of the factors in providing a more accurate answer.

As far as what you should do is determine if this other driver has insurance. If he does contact that insurance company and make a claim for your damages.
April 30th, 2011 at 10:54 am #Steven S.

Thanks for the reply. This happened in Texas. He does have insurance and I did call his insurance and filed a claim, they told me a representative would contact me by Tuesday. My worry is that when they asked me for insurance I gave them information on insurance that I stopped paying for a few months back but says it’s still valid until June 2011. I’m worried that when/if they find that it’s no longer valid they wont make any compensations.

Also, a police report wasn’t filed since we both sort of agreed not to call the police (I had no insurance and expired inspection sticker and he had been drinking), making it hard to prove who was at fault if needed to, I assume.
April 30th, 2011 at 11:47 am #Jason

Steven S,
Although I don’t believe it should be required by law for people to carry liability insurance, that is the requirement in every single state with Wisconsin adding that requirement in June of 2010.

That is beside the point. In Texas, it’s a comparative negligence State and the amount of fault of the other driver (for example 70%), the other driver’s insurance would pay you 70% of your damages. That would put you at 30% at fault because the total has to equal 100%.

The other insurance company may assign the appropriate amount of negligence to their driver and the 70/30 is just an example.

You may need to file an accident report with the police. This avoidance of the police may make it more difficult for you to establish the accident was primarily the other driver’s fault. In addition, now that you both avoided a record of this incident, there is a possibility that the other person’s insurance company could find you at fault for this accident and liable for the percentage of fault they determine for you.

Insurance lapses and people refuse or fail to have insurance for a number of reasons all the time. That fact should not affect what percentage of at-fault you and the other driver are. Just because you didn’t have insurance does not change the negligence factor for either the other driver or you.
May 1st, 2011 at 4:45 pm #D D Dinter

I went through flooding streets in my vehicle and my car stalled out. I had to leave the car and when I went back to pick it up the next day the sunroof was ajar and i noticed flooding on the interior of my roof and my back seat was submerged along with the oil light going on after just getting an oil change when trying to get my car home. Will comprehansive cover this claim?
May 1st, 2011 at 5:46 pm #Jason

D D Dinter,
Although I personally believe that driving through flooded areas with a vehicle is asking for trouble and should not be covered, it is.

If you have comprehensive coverage, it should cover your loss.
May 3rd, 2011 at 4:58 pm #Kevin

I have just started noticing a horrible smell in my car. A dead mouse after searching I found little droppings. I have went over and over this car even removing some of the easily removed panels. NO MOUSE. Can I claim this on my Auto or Renters insurance to have a professional find and fix the smell?
May 3rd, 2011 at 5:45 pm #D D Dinter

I did not intentionally drive through the floods first off Jason. I was driving in an unfamiliar area and the road had some water on it from the rain we experienced not knowing the depth of the water it was very low laying and it was too late I was caught in it. I left my car since it was stalling out and then the rains caused leaking through my sun/moon roof and caused water to gain entry and the board collapsed and all of the lining interior of my ar became soaked. The roof lining is coming down now. I will assume tis is comprehnsive ?

Thank you for your help in this matter.
May 5th, 2011 at 7:59 am #CA Will

Jason,

Can my insurance go after my son for damages they paid?
May 5th, 2011 at 8:35 pm #Jason

DD Dinter,
After re-examining my prior position on the water damage, people don’t know that driving through water would damaged their car and is technically an unintended accident when water does over-take the car. Nobody can tell how deep water is and if people knew that it could damage their car, they very likely would not proceed.

Yes, this would be comprehensive coverage for water damage.
May 5th, 2011 at 9:14 pm #Jason

CA Will,
From the situation you described, he was a permissive user of your car. I don’t believe they would because the reason an insurance company requests money for reimbursement of a claim they have paid is if a person is liable for the damage caused. (Technically, your permission made your son an insured and part of the risk of using a car is having an accident.) Your son is technically an insured because you allowed him to use your car. A person who is an insured cannot be liable to themselves.

There may be a condition of your insurance policy that exempts this condition though (such as a resident relative not listed as a driver).

If you want more information about this, please indicate your insurance policy form number (located at the bottom of your insurance policy), state in which you are insured, and I will look specifically at that policy and add more information if I can.
May 5th, 2011 at 9:24 pm #Jason

Kevin,
The renters or homeowners policy does not cover damaged to vehicles. In fact, it will specifically exclude damage to vehicles.

Technically, an odor by mice is not physical damaged to an automobile. Smell is not a required physical damage required to activate payment of a claim. Although it is unpleasant and offensive, there is not any damage to your vehicle that would be addressed by your policy and I don’t believe is covered.
May 10th, 2011 at 3:33 pm #Jeremy

My girlfriend was just involved in an accident, where she turned right onto a road into the proper lane and after completing her turn a truck came into her lane and hit her, the other driver was found at fault by the police report but not cited. I went to claim the accident on our insurance but upon doing so found out i had cancelled that policy, by mistake i just sold another vehicle and meant to cancel the insurance covering that vehicle. So since the other driver was at fault i claimed the accident on his insurance and after calling them a few times got to the adjuster, she took the report from my girlfriend and said she is denying the claim based on the fact that the other driver had the right of way. This is not true, as indicated in the police report. She also stated that she hasnt spoken to her driver yet or recieved the police report or even been out to see my car. Yet she is still denying the claim without any of the information short of my girlfriends statement. Is this legal? and how should i proceed.
May 11th, 2011 at 8:39 pm #Jason

Jeremy,
A police report doesn’t find anybody at fault. The circumstances of the incident determine who is at fault. You girlfriend turned right onto the roadway and another driver hit her. The way you described the incident, she didn’t yield the right of way, entered a lane before it was clear, and was the proximate cause of the accident. If that is the case, she is at fault for the accident. If the other driver had right of way and there was an accident, your girlfriend would be the vehicle operator at fault. This is legal what the other person’s insurance company is doing. You should have insurance on vehicles that you intend to be insured. Another thing you should do is to not sell vehicles by accident. The only way you should sell vehicles is with full knowledge and understanding of the transfer of ownership of the vehicle.
May 15th, 2011 at 11:01 pm #Marie Michael

Myself and another registered owner buy a car 3 years ago cash, both names on pink slip..

I moved 2 years ago and kept the car, maintained the car and insured the car.. Lost all contact with other registered owner in now over 2 years…

Car is stolen a month ago…

Being the location and hour at which it was missing from where I left it there is a 90% it was stolen… and highly unlikely that the other registered owner took back this car.

Insurance company and police try to contact the other registered owner who lives in different city to verify he does not have the car..

3 weeks pass and he avoids messages and calls. I recieve papers for us to sign. I turn in papers he signed. I then get a call from my insurance company saying the other registered owner finally returned a call and said he had the car so cancel my claim..

Im conviced he does not have the car and out of bitter and revenge he is hoping that by just telling my insurance company he has it they will cancel my claim and I will not get any help. I let my insurance company know this and my car is still reported and listed as a stolen car through police.

In order for the other registered owner to cancel this claim, the car has to be taken out of the system and is recovered. He has not does so.

Insurance company allows the other registered owner more time to clear the car out of the system and leave me with no rental, no phone calls, no assurance, nothing….

Another week goes by, still no word. My insurance company tells me the other registered owner has been unable to show police the stolen car that is legally his to clear it out of the system. They want to give him more time and perhaps send an investigator.

Since I know the pink slip was in this car at the time it was stolen then I know that if the other registered owner really had this car then he would have no problem clearing a stolen car out of the system that is legally his too..

It has been a month, still no word… nothing.. no rental car, no car at all. My car is still filed and reported stolen through police and insurance. Investigator is going to see that the other registered owner does not have this car that he fraudually said he did have in hopes to cancel my claim, what happens then? How much longer to I have to miss time away from my work and kids because of no help through insurance company? Is there another step I should be taking, legal action perhaps not only on the other registered owner but on insurance company as well for not working for me or with me…

Why am I suffering not being issued a rental car because the other registered owner just said he had a car that is still technically stolen? Why do I have to wait longer than thirty days to recieve any information or claim or help when my car is still stolen? What do I do now and what happens now?
May 16th, 2011 at 8:42 am #spanza

how do i obtain information on what was paid on a claim for property damage?
the driver who hit my car is dead…my lawyer filed a claim for personal injury and property damages with the drivers insurance company on my behalf.
I have not received any money,but recently spoke with the insurance company who informed me that the property damage portion of my claim was exhausted…when i asked what had been paid and to whom,they quickly shut up and referred me back to my lawyer.
Is there any way to obtain this info without going thru my attorney?
May 16th, 2011 at 10:07 am #william

i was in a head on collision not my fault and i was hurt. my doctor calls me today saying my offer from the other insurance company doesnt even cover my medical and lawyer fees. im in the negative at this point . he says the county i live in is a conservative county and that lawsuits are not very good . he said he is going to see if they will offer more and he is going to try to get the doctors bills lowered and he said he is looking into lowering his own bill but that still isnt gonna leave me much at all , even if they come back with a slightly higher offer. what am i to do . i was hurt and i had pain and im basicly being told IF i get anything it wont be but a small amout ,(in the neighberhood of 2k) i was out of work over 2 months . can someone help or give advice. can i fire my lawer and not have to pay him? or should i be thinking of something else?
May 16th, 2011 at 5:59 pm #Jason

Marie Michael,
This doesn’t sound like an insurance question. This appears to be a civil or a domestic issue. The insurance company is doing what it should be doing and the police appear to be doing what they should be doing. As of right now, the car is not stolen and it is in the possession of one of the registered owners.

If this other person has your car, and you don’t work it out with this other person to get the car back, you will have to buy another car to replace this one. If the car is indeed stolen, then insurance company should be able to assist you with the claim for a stolen car. If this car is stolen by someone other than one of the rightful owner’s, then the insurance company should be able to reimburse you for you additional costs associated with getting a rental car, public transportation, etc.
May 16th, 2011 at 6:01 pm #Jason

Spanza,
Simply ask you attorney for the information you are seeking. You do know that your attorney works for you, don’t you?
May 16th, 2011 at 6:09 pm #Jason

William,
Frankly, I don’t follow your post. If you have an attorney, why are you discussing the settlement amount with your doctor? Why isn’t your attorney talking to the doctor to have the medical bills reduced? How does you doctor know what your attorney fees are? This just doesn’t make any sense unless your attorney is also your doctor or something. There is absolutely no way you should be discussing your claim with your doctor. I can’t answer any of the questions you presented. You likely signed a contract with you attorney. That would dictate whether you can fire him and not have to pay him. However, that is very unlikely and if you fire him, you likely have to pay him his fees in the event of a settlement.
May 16th, 2011 at 7:36 pm #william

i did say my doctor called me , (THAT WAS A MISTAKE ) i meant my attorny. that should clear that up a bit
May 17th, 2011 at 5:06 am #Jason

William,
Discuss all your options with your attorney including firing your attorney and not paying him in order to find out the consequences.
May 18th, 2011 at 6:43 am #Misty

If I have a claim against someone else’s insurance policy … should my settlement check be minus their deductible? I was told that I had to get that directly from the person. Is this correct? I don’t feel comfortable with appoaching the policy owner for the amount of thier deductible.
May 18th, 2011 at 11:15 am #Jason

Misty,
The situation that you described makes you the claimant and in your case, there is a liability owed to you for the damages you suffered. The part of the other persons policy that will be paying you is the liability portion. There is no deductible associated with a claim of your type. (In commercial policies there may be a liability deductible but that is not the case here.).
May 19th, 2011 at 12:11 pm #TERRANCE

Hello, I had a car, which got in an accident some years ago, I was new to this country and was paying for full coverage, I was never advised that I had to take pictures of the vehicle which i bought from a dealer. at the time of the accident my claim was denied because i did not take any pictures. However i was paying each month for full coverage. what can be done?
May 19th, 2011 at 3:51 pm #Jason

Terrance,
You are not required to take a photograph of the car for it to be insured. I don’t know what can be done short of discussing this with an attorney.
May 23rd, 2011 at 9:01 am #peggy

Daughter was involved in hit and run in February 2011 and my car was totaled. The driver left scene before police got there, but their car was at the scene. Another victim in the accident also can identify the driver as he spoke with her. The adjuster first said after 2 days following accident they are denying claim cause their client filed a stolen car report but they didn’t have the report number. The insured according to adjuster later said she sent certified letter stating her car was stolen after we asked for stolen report number that she was to get. Police did not issue stolen report after the fact. Insurance denied my claim stating they concluded after their investigation that insured vehicle was stolen and not liable for my damages,which took 3 months. Can insurance deny my claim for this reason? Should I sue
May 23rd, 2011 at 4:48 pm #John

I had an animal accident (2 deer hit) 2 years ago. I followed my insurance request and took it for appraisal. I received a claim check, but it was made out to me AND the title holder. However, the bank would not endorse unless the van was already fixed. I did not have rental in my policy, and since it was my only vehicle at the time, I could not afford the deduct and rental to have it fixed. Now, I have the vehicle paid off, but check has since gone stale and I cannot find it anyways. I asked my agent if there was a way to get a new check to have vehicle repaired now that I have another vehicle in which to use for work.

I have not gotten a reply. Do you think that I should now receive another check to replace the first one? If so, how would I get it?

Thanks
May 23rd, 2011 at 5:08 pm #Jason

John,
Yes, you should receive another check to replace the other one. The insurance company should be able to verify that there is no longer a lien on the damaged car and should be able to send the replacement check directly to you. Contact your agent until this is concluded. If you have your claim adjuster’s contact information from that claim, you can contact through that route. Also, if you know the insurance company, call the insurance company’s claim department directly and explain you circumstances to them and they should be able to help you.
May 24th, 2011 at 10:13 am #Maureen Barksdale

My husband was on his motorcycle sitting waiting to flow into traffic. he was run over yes the car was on top of him and his motorcycle was damaged. We received an estimate but Allstate (the other drivers ins) only wants to give us half of what the repair estimate was. we have looked at the NADA value and Kelley Value and they are in line with the estimate but the ins. company is not budging. Is there any recourse? They want to total it and offer us the half of the estimate. We can’t buy another bike for that amount? an advice is greatly appreciated!!!

Thank you in advance!
May 24th, 2011 at 4:33 pm #Jason

Maureen,
It’s motorcycle season again. The NADA and Kelley are good sources for vehicle valuations. A better measure of the bike’s valuation is the actual market where the bikes are purchased and sold. Some claims adjusters will do a market survey which is actually looking in the market for bikes that are similar to the one damaged to arrive at a fair settlement amount. Most companies will rely on the easy way which is the valuation guides.

The estimate is over the ACV (actual cash value) of the bike. The bike is totaled. The insurance company owes you for the ACV of the bike. That should also represent the purchase price of another bike just like it with the same features and in the same condition.

Unless there is a way for you to persuade that adjuster that the bike is valued higher, that will be your settlement from them. Another thing you can do it turn this claim into your insurance company and let them come up with a settlement offer. You will have to pay your deductible in going though your insurance company but when everything is completed behind the scenes, the other insurance company will pay back your insurance company (including your deductible). Your insurance company would then send your deductible back to you.
May 25th, 2011 at 9:15 pm #Jason

Peggy,
Yes, the insurance can deny your claim for that reason. If you have physical damage insurance on your car, that is the only option you have remaining.
May 27th, 2011 at 5:41 am #David

I was rear ended by a school bus, the school district is asking me to get two estimates. In Arkansas. Is there a law forcing me to get two estimate for a claims?
May 27th, 2011 at 9:49 am #Jason

David,
Specifically addressing your question, no, you don’t need to get a single estimate. The insurance company is capable of writing the estimate for you. They appear to be asking you do to their leg-work. All you need to do is present your claim and they should be able to settle your claim by doing their work.

If that is what they are asking you to do, you may want to do just that. Find several of the most reputable repair shops in your area, get 3 or so estimates, and then submit the 2 most inclusive estimates to repair the damage.
June 1st, 2011 at 10:34 am #fq

HI I was just wondering in the state of PA if your inspection stickers are expired and you get into an accident with the vehicle will your auto insurance still cover you? We have up to date full tort/full coverage auto insrance..up to date registration and up to date drivers license…we just 4got to get our car inspected…thanks
June 1st, 2011 at 5:02 pm #shawn

I recently had some hail damage on a 07 silverado crew cab. we still owe about 8k on this vehicle thru our bank. i filed a claim with my insurance (allstate). they said get an estimate faxed to them. i have a 500$ deduct. i got 4 estimates. 1800, 2100, 2700(DV) and 4100(TRN). not necessarily wanting to make a fortune, i would have liked to cover my deductable. i faxed them the 4100(TRN) and the 2700(DV). when they called me and asked which of the 2 i wanted to use i said the 2700 because it was closer to my home. after this, TRN (the 4100 body shop) contacted me and said they had an error on their estimate and delivered me a new estimate for 2400. i did not refax or contact my insurance adj about this update. a day or two later, i recieved a check made out for 2200 (right amount for DV with deductible subtracted), but made out to me and TRN (the body shop who originally estimated 4100.) so now i can’t get it repaired at DV because the check isn’t made out to them. if i go to TRN, i will only be out about 200 from my pocket. should i contact my insurance to correct the issue by making check for same amount out to DV (and likely pay my $500 out of pocket) or request the 4100 estimate for TRN. or just leave everything alone? should i request a check made out only to me.
June 1st, 2011 at 7:35 pm #karri

So we got hail damage. We are insured by Travelers, and they will make payment to us and the bank, to us and the body shop or to the body shop. We are leaning towards us and the body shop. I wonder though, what happes to the left over money if any, after all repairs are made? Return to insurance, does the body shop get it or do we get it back from the repair shop? Also, my husbands truck needs a new windshield and the body shop we selected doesn’t do them, so we would use someone else. How does that work? Get the windshield fixed first with travelers making check to them and then if we get the money we can pay the body shop for the body damage? Last time I filed a hail claim I lived in Colorado and was with state farm. I drove to a tent, collected a check made to me, then picked a shop…that was years ago. We are in Ohio.
June 1st, 2011 at 8:25 pm #Jason

fq,
Insurance is not dependent upon having inspection stickers that are current.
June 1st, 2011 at 8:31 pm #Jason

Shawn,
Ask the insurance company if they will reissue the check directly to you. They should be able to do that. Then go have the work done at the $1800 place.
June 1st, 2011 at 8:37 pm #Jason

Karri,
Probably the best thing to do is have the check written out to your and your bank. The bank just holds onto the funds until the repairs are completed. If you should happen find a place that can do your repairs for less, get it done then and then inform your bank. They should have no issue providing the funds to you.

If you have the body shop on it and there is any left over funds, don’t count on ever seeing that extra money.

Body shops commonly subcontract the window work out so anybody shop should be able to assist you with that.
June 2nd, 2011 at 4:05 am #karri

I look at it this way, can’t I get an estimate from the body shop first, have repairs done then pay with the claim check? That way they can’t say oh she has 4000 so That’s what we will charge her. If they give me a written estimate for $xxx they would have to refund the difference. Ill ask the body shop again about the windshield as they said no yesterday.
June 2nd, 2011 at 4:25 am #Jason

Karri,
You can do it anyway you want. When a body shop is on the check, my experience is that the money nearly always gets consumed in the form of a supplement, the estimate should have been higher, or “we went off the insurance company’s estimate that was higher”.

Banks don’t have the same kind of ways they consume the money that body shops do.

If you have the bank control the money, you can work it out with them to allow a charge for a body shop and a glass company on an account they put it in. Talk with your bank. I’ve had banks just sign off on the checks like that in the past.
June 2nd, 2011 at 2:53 pm #Kevin Coyle

Over 3 weeks ago, my Son was involved in an accident in his 86 F150. It’s painfully obvious the other driver was at fault, and the owner is insured by Allstate. I have Metlife, and they won’t carry comprehensive or collision on his truck due to the age. I filed a claim with Allstate, and their adjuster (after negotiating with him), came up with a $1480.00 estimate for repairs, and not total the truck. I’ve had a hard time dealing with Allstate, they say they can’t settle with me until they speak with the driver of the other vehicle (the driver is not the owner of the vehicle). The driver won’t return their calls, and the owner of the car doesn’t beleive the driver was at fault, even though the police report shows she was. Question 1: Is there a deadline for Allstate to settle this claim (Florida), or can they drag this on forever if they can’t get in touch with the driver?. Question 2, I’ve informed Allstate that I’m seeking loss of use damages for every day he’s without a vehicle (Allstate won’t approve a rental car until they speak with the driver), what do they base loss of use on?
June 2nd, 2011 at 8:45 pm #Jason

Kevin Coyle,
In a sense, if they came up with $1480, they are in the process of settling with you. They can determine the damage and the amount they are liable for but they cannot accept that liability until they conclude they investigation of the accident and apparently that involves speaking with the driver of their insured vehicle. They can’t take forever but they are allowed a reasonable amount of time to investigate a claim before making a decision. I don’t know what that time frame is in Florida but excessive time settling a claim of this value would probably be in the range of 30 to 45 days.

Your loss of use would be the actual costs you incur as a result of not having the ability to you use this truck. If you are incurring rental charges or bus fees because you don’t have use of this truck, then those are what they should reimburse after they accept the liability for the damages.

Let me provide a quick example. If this truck had a dented fender and a wheel that went flat due to the accident, it would be reasonable for you to replace the tire and use the vehicle and not require a rental if there is only panel damage and the tire can be repaired. If there is much more damage and the vehicle is not safe to drive, then it is not reasonable to make the limited repairs to safely operate the vehicle.

Best advice is to keep contacting Allstate until they make a determination about their liability in the case. Speak to the claims manager to get faster results.
June 6th, 2011 at 7:30 pm #Jay

I need some advice,
We recently bought a vehicle from craigslist and insured it with full coverage through Statefarm. One month after purchasing and insuring the vehicle the police special investigations unit came to our house and said they had found a stripped chassy that matched the vin# that we registered at the secritary of state and that the vehicle in our driveway was a stolen vehicle that had been retagged. They took the vehicle and said to contact our insurance company. So we immeadiatly contacted them and filed a claim… they took 3 weeks to get back to us and said its not covered if your vehicle is seized by any government authority, and denied the claim.

I have 2 questions:

1st is, Under comprehensive in my policy it reads exactly: There is no coverage for Loss TO any covered vehicle that results from the taking of or seizure of that covered vehicle by any governmental authority. Now doesn’t that mean, they don’t cover things taken out of it or damage done too it due to the siezure, and shouldn’t we be covered in this case because the entire vehicle has been taken and is not going to be given back, due to no fault of our own?

2nd: If they wont replace the vehicle that was seized, shouldn’t they have to replace the one that was found stripped that actually matches the original vin# on our title?

Please any help would be greatly appreciated…..

Thanks
Jay
June 8th, 2011 at 5:04 pm #Jason

Jay,
I believe I understand your question. You insured the vehicle you had in your driveway. You didn’t insure the vehicle that was found stripped.

The last one in possession of stolen property are the ones who will lose in this case and that happens to be you.

Should the stripped chassy be covered by statefarm? No, the vehicle was very likely that way before you insured it and the loss would have occurred to it before you purchased it.

No, if the vehicle is taken by the police, it’s not covered. This will have to be chalked up as a bad transaction involving craigslist and nothing more.
June 8th, 2011 at 6:44 pm #Ben G

Hello. My motorcycle was recently totaled and though I thought it was covered under my insurance–I had a Jeep at the time, too–it was not. Therefore I am dealing with the insurance company of the girl who hit me by myself. Luckily her insurance co. (State Farm) accepted fault.

But now State Farm is not only offering $700 than we had purchased it for a month earlier (brand new), but would not pay us until we got the title. The catch, of course, is that we cannot get the title until the motorcycle is paid for, and we don’t happen to have an extra $3500 laying around.

So my 2 questions are:

1. Can we reject the settlement offer for a more reasonable one? (Why should we lose-out when we were the ones rear-ended by a girl texting while driving?), and

2. Can we somehow decline the settlement offer and insist that they allow us to get the money before we pay it off?

Thanks for sharing your time and knowledge.

-Ben

-P.S. If you are going to give us grief about being (unknowingly) uninsured, please at least offer some help. Thanks.
June 8th, 2011 at 8:20 pm #Jason

Ben,
You won’t get any grief from me. I believe insurance is important in many cases but I don’t believe the state should force people to buy it.

Ok, your claim. It would seem that if their insured hit you in the rear, they are 100% at fault. They should then pay for 100% of your damage. Or, if totaled, then state farm should pay you the actual cash value (ACV) of the cycle.

Since they want your title, it appears they are totaling the cycle. They should be offering you exactly what the cycle’s value is just before their insured damaged it.

Your first question – Yes you may reject their offer. They should be paying you for the cost to repair or replace it to the condition just before their insured damaged it.

Second question – You can take up to 2 or 3 years to conclude a claim in most states. I am assuming you need time to come up with $3500 and if you take their $700, you would pay off the cycle so you can give them the title? And the bank where you have it financed is a title holding bank.
June 8th, 2011 at 9:06 pm #Ben G

Wow, I’m impressed with your knowledge and quick response; this is a great resource.

So when rejecting an offer, should I provide a counter offer myself?

Also, another issue is the fact that they are demanding that we submit all of the bills and paperwork as a one-time fax, so they “don’t lose any of the information”. They want to pay me in “one lump payment”. My fear then is receiving a bill or new development after signing and sending everything in.

Can I demand that they pay as each new bill arises, so that I don’t somehow incur late charges or other issues as I am waiting to receive all of the material?

Also: Is there a way to know when I have received everything?

I understand if this is now venturing outside of the boundaries of this forum. Thanks again regardless,
-Ben
June 9th, 2011 at 5:55 am #Jason

Ben,
Now your last post sounds like they are going to pay to repair your cycle and it is not totaled.

Regardless, yes, provide a counter-offer but it should be based on supporting information. For example, if the bike is totaled, you should have valuation sources indicating what it’s ACV is. If it is damaged and you want to have a different or more accurate estimate, simply have other estimates for comparison.

Having all your information together just makes their job easier and allows them to handle the claim file less times. It’s really just a way to stream-line their job.

If your cycle is being repaired and you have an estimate which you shared with state farm, and there are additional costs incurred in fixing the bike beyond what was initially estimated, they should pay those too. Usually, the repair facility sends these extra bills to the insurance company and you are not involved in the supplements to the initial estimate.

You can demand they pay as each new bill arises but why? People’s natural reaction to demands is resistance. Try to work with what they request if you can.

When to know if you’ve received everything is simply to keep track of what you are supposed to get and if you got it. Do you mean like a replacement vehicle (cycle) while your cycle is being repaired?
June 9th, 2011 at 11:46 am #Ben G

Hey Jason.

What this all comes down to is me not knowing my rights. A major incentive for having insurance is having someone else who knows for me.

When I said “Can I demand” I just meant am I within my rights to ask for them to pay as each bill comes. I want to get the bills taken care of as soon as possible but don’t want to submit them the insurance company before I have all of the bills.

I totally understand the idea of making their job easier, but I have no idea what I will be charged for. For instance, I just received another bill from the hospital ER (separate from the other bills) for $400. I also received a separate bill for the ambulance from the fire dept. I am not familiar enough with the process (thank God) to know everything I should expect to be charged for.

They have declared it a total, but I want to keep it for parts.
June 9th, 2011 at 1:32 pm #admin

To all of our great contributors:
You may show your company name and website address at the end of each post if you think our visitors might benefit from your services.
June 9th, 2011 at 10:12 pm #Jason

Ben, not only was your cycle totaled but you were also injured. You have two settlements that you need to conclude with the other driver’s insurance company and that is the amount they owe your for the totaled bike and the amount they owe your for your medical bills and your pain and suffering associated with the injuries you sustained.

Ok, now to address you medical bills. You will need to pay for these yourself or have your health insurance company pay the bills for you.

You will be offered a single final settlement for your medical bills that also includes an amount for pain and suffering. Please note that if your health insurance pays for any portion of the bills, they are allowed to be reimbursed because it is related to an accident of an insured person so be prepared to collect enough money to reimburse your health insurance company. Yes, don’t send the medical bills in until you have them all collected and you are prepared to ask for a full and final settlement from them. Depending on the extent of your injuries, you may want to discuss this case with an attorney.

And in the case of having them pay each bill as it comes in or is due, no, they won’t do that. They will pay once and only once and they will ask you to sign a full and final release for payment of money. That release indicates that you agree that they have paid you monetarily and you will no longer hold them responsible for anything related to the accident.

Generally, you won’t have to sign a release for the property damage to your bike but a release is common for bodily injury settlements.

We can provide more information to you if you have other questions or concerns.
June 9th, 2011 at 10:18 pm #Jason

Admin,
Thank you for your consideration. I have no employer or company I represent. Also, I have no web site address to post.
June 10th, 2011 at 12:00 am #Kevin

I rented a car for two days. It was insured and could cover personal items stolen. Just wondering if i were to get the items recovered by the police after an investigation, could i still be reimbursed by the insurance company.
June 10th, 2011 at 12:32 am #Kevin

I rented a car for two days. It was insured and could cover personal items stolen and etc. I saw a male going through the trunk of my rental car and I tried to stop him. I got hit by the car, but, only had minor injuries. I called the police and told them the license plate, information and gave a list of items stolen. I have a copy of items and going to file a claim. Just wondering if I were to get a check and cash it for the items stolen and sometime later if by chance if the items are recovered can i still get my stuff back or will the insurance company try to reclaim the cash or repossess the items.
June 10th, 2011 at 6:38 am #Jason

Kevin,
I’m not so sure the items stolen are covered by any type of automobile insurance. Insurance for personal property is covered by homeowner policies or inland marine (personal property) policies. But that is not what your question was about.

If you were to get a check for what was stolen, do you think you would be able to then get your stuff back that was recovered? The insurance company paid you for your loss. You are made whole. The insurance company then becomes the rightful owner of the property recovered.

If you wanted the property back that was recovered, then you could purchase it from the insurance company and that would essentially be returning the money they provided to you in the form of a check.
June 17th, 2011 at 3:22 pm #Kay

Hi, sorry if this question has been asked already, but I recently had hail damaged to my vehicle and reported a claim. My insurance company (State Farm) has sent a check already, and the check was written out to both my parents, me, and my bank that I took a loan from to buy my car. Will I be able to deposit or cash the check by myself or would I need signatures from everyone that was addressed to on the check, including the bank? Also after doing that, when I find a repair shop to fix the damages on my car and if the amount comes up to less than what was written out on the check, do I get to keep the remaining amount or do I have to return it back to State Farm? Because if we choose our own repair shop, we are required to let our insurer know which shop we took it to, to get it fixed.
June 17th, 2011 at 4:09 pm #Jason

Kay,
Yes, have the parties sign the check. The bank may not provide you with all the funds until the repairs have been made. Simply make arrangements with the bank because that check represents some of the value of your car that they provided money for. Some banks just sign it and don’t follow up with you to make sure the repairs are completed.

You would be able to keep the remaining amount if you had the repair work completed for less than estimated by state farm.

You are not required to inform the insurer where you had the hail damage repaired. They just need to know that it had been repaired and they are asking you too much if they want to know where. You can just have your agent verify the repairs have been made when the repairs have been made and that should be sufficient for your insurance company to know that there is no longer any pre-existing damaged on the car.
June 19th, 2011 at 12:57 am #Hope

Hi,

I purchased a used car for my son from a dealership. I gave them my insurance info and they called the insurance company. I assumed to add it to my policy like when I purchased my car (from a diff dealer). My son had an accident less than 2 months later where he rear-ended a car. At the accident we found out the car had not been added. We live in VA and although my son did not get a ticket because the police officer wasn’t so sure she was not without fault. The other driver’s insurance company, Geico, says my son is still at fault and has filed a judgment against my son, which I’m paying for. The amount has changed three times and now they are filing another claim for injuries to the driver’s son, even though she said neither of them was hurt and refused medical treatment at the accident scene. Geico says they can amend the claim as many times as is necessary to compensate the driver. I understand that but it just seems so unfair and easy for someone to commit fraud. The only plus was that I had GAP insurance but I’m still paying for a totalled car and for the accident. My son is in college now and I’m a single mom with another younger child. I just can’t afford another judgment.

The lack of insurance was unintentional, a miscommunication. Should anyone else be sharing the blame in this? The dealership? The driver? Anyone? Please help!
June 19th, 2011 at 8:37 am #Jason

Hope,
Your son should be sharing in the blame but I don’t know how that will make anything better for you. Is there anyone else that should share in the blame? The simple answer is no.

I don’t even know how GAP insurance can be a plus for you. That insurance pays the difference between the market value of a vehicle and the loan amount. It pays only after collision damaged insurance pays. In this case, since the accident was 2 months after it was purchased, GAP insurance would pay little to nothing. Since there wasn’t physical damaged insurance for the car for your son, I don’t expect GAP insurance to pay a dime.
June 21st, 2011 at 2:25 am #Stuck in PA

What a great resource–thanks for your assistance in the claims maze!

My 07 Honda Fit Sport (65k miles) slid on black ice in March and hit a guardrail (significant front end damage, long scrape along passenger side, one airbag deployment).

I would like to fix the vehicle if possible b/c it is my ideal car, has low mileage, and my teaching position has unfortunately been eliminated and I would no longer be eligible for an auto loan. My cousin is a professional mechanic and could do the work for me privately.

However, I have encountered the following problems:
1. Progressive will not give me an itemized estimate. They deemed it an “obvious total loss” and they say PA law does not require them to write an estimate in such cases. My mechanic would consider fixing it, but we live a significant distance from where the car is located and he is unable to see it in person. I asked the body shop to write an estimate, but they declined, saying the cost of professional labor would not be worth the repair (but admitted private labor might be an option). This lack of data makes it very difficult to assess the feasibility with only a handful of photos to use.

2. I made the journey to empty out the car recently and noted no fewer than 8 areas circled on the vehicle unrelated to the accident (above chest height on various panels, some on spoiler and roof), indicating very minor scuffs to the clear coat, or in the case of the windshield, a 1 mm “scratch” that was merely dirt that I removed with my thumbnail! They apparently wanted to make sure that every panel of the vehicle was involved so it would indicate a complete repaint, windshield replacement, etc. despite being unrelated to the accident but driving up the loss total. Without an estimate however, we have no idea what they are basing their formula on.

3. The car had a rebuilt title when I purchased it, so Progressive is only giving me 2/3rds of the KBB value (7900 of 11550) despite it’s excellent condition. I’m told this is typical. However, they want 1817 salvage if I retain it, which seems high for a totaled vehicle. I expect it would, of course, retain a salvage title.

4. I need to get this situation wrapped up. In addition, my bank just notified me that despite the fact I have continued to make payments on time after the accident and the insurance payment will almost cover the remainder of the loan, they are charging me “collateral insurance” b/c I naturally stopped the policy on the totaled vehicle after the accident. My insurance company notified me today they want me to sign over Power of Attorney to them. Is this normal? If I accept the insurance settlement, should the check be made to me or the bank?

What do you advise? Thank you for your assistance!
June 21st, 2011 at 7:02 am #Jason

Stuck,
Providing the insurance company this limited power of attorney is for purposes related to the title and making sure they can have the ability to resell the vehicle in case they need to sign your title or another document related to that.

The check will be made out directly to the bank and you. This is an obvious total loss. That is not because it is just barely totaled, it is because it is way more than just totaled. Every single panel will need to be repainted because there is a process called blending which means that adjacent panels need to be blended into the one being painted. So if a front fender is being repainted on a car, then the hood and the front door have to be blended and this is technically painting 3 panels when only one is being repainted.

If you paid $1817 for this two-time totaled vehicle, you would be paying $1817 more than it’s worth. And after spending countless hours and money fixing it, you would not be in a good position.

Just to give you a short handwritten estimate that is gonna be pretty accurate, you can start by reviewing the following and apply it directly to your vehicle: AIR BAG – $5000, PAINT (every panel) -$5000. *** I am going to stop right there. This is an obvious total loss and I didn’t even write to replace any of the dozen necessary panels, align the uni-frame, windshield/other glass, bumper, tires, all the other dozens of so components, and the involved labor that I don’t even need to know about because it’s obvious. Too bad your mechanic didn’t just be honest and tell you this when you first discussed this with him.

So, in summary, sign the power of attorney, get the check written out to the bank and you, DO NOT buy the salvage, and proceed on with life without this vehicle the best way you can.
June 22nd, 2011 at 9:19 pm #Hope

Hi Jason,

Well as far as GAP insurance, I was thinking along the same lines as you but they actually paid almost half so that did help some. I think there was a misunderstanding. I wasn’t saying my son wasn’t to blame, I was speaking more on the insurance and not getting a ticket but I appreciate the advice. Thanks.
June 23rd, 2011 at 2:15 pm #Steven

Hi. I have a question about insurance parts replacement. Couple of days ago I went through flooded area and engine hydro-locked in my 2006 Cadillac STS. I know it is covered under my comprehensive insurance, but now I’m lost. Car was towed to dealer and sitting at dealers lot. Adjuster came over and did an estimate for used engine. Dealer disagrees and tells me that although car has 99,475 it is certified Cadillac and my bumper-to-bumper warranty will be voided altogether. Also dealer tells me that I don’t have to accept what insurance offers, that engine has to be re-manufactured and certified one. How do I resolve this? Do I have to accept used engine offer knowing that all warranty (and of course trade-in value) would be lost?
June 23rd, 2011 at 4:21 pm #Jason

Steven,
You have a 2006 model year vehicle with 100,000 miles on it. The insurance company is estimating to put in a used engine with 100,000 miles or less in your vehicle. I have no idea what your dealer is talking about. If you dealer is causing issues, talk to your insurance adjuster about it and perhaps you can take it to a place that is capable of replacing your engine with another engine. This dealership doesn’t seem to be capable of that – or at minimum, unwilling to do that.
June 25th, 2011 at 2:39 pm #Tracey L.

My 2008 Explorer was stolen 5 days before I gave birth to my 1st child. I have been w/the same reputable insurance co for 18 years, with NO CLAIMS! My truck was recovered 2 days later in an adjoining city. The truck had been torched on the inside and the column was popped. I want to add that this was a leased vehicle that was PAID OFF on my end. Actually the truck was stolen in April 2011 and I had 2 more payments for May and June (in which I paid). The insurance adjuster won’t return my calls. I spoke with Ford and they too said my insurance co won’t call them back. I had both sets of keys. The last time I spoke with the adjuster they sd they were doing a lock analysis, and then the communication stopped! I continue to call…nothing! I continue to pay car insurance, yet I am walking and “bumming” rides with a new born baby! It has been 60 days! Why are they taking so long? My inner gut is telling me they are looking for a reason to deny my claim! Again, my car was paid off on my end bc it was a lease, Ford is still owed $14k on the car. I have nothing to gain financially, so what is the deal? BTW…I am a law enforcement officer, and have read that insurance companies try to use the lock analysis to deny claims even though the lock analysis has not been proven to be accurate?
June 25th, 2011 at 3:24 pm #Jason

Tracey,
I don’t know why it’s taking so long. You many want to speak to the claims manager or someone higher to get this remedied a little sooner that it is taking.
June 26th, 2011 at 7:49 pm #ben

I have a 2010 Toyota Corolla which got on a hailstorm this weekend. I took it to different body shop to estimate how much it would cost to fix the car, they all told be around $ 4500-5300. But the insurance adjuster thinks it will cost only $2700 and wrote me a check of $2200 after my $500 deductible. They told that the body shop can file supplemental income it it costs more.
My question is how do I make the insurance company to pay more for the costs before I decide which body shop to take to fix the car. And do I have to fix the car or just take the money for the total damage and decide not fix the car. The car runs good other than the external hail damage?
June 26th, 2011 at 9:23 pm #Jason

Ben,
The insurance company is low-balling you. They figure you will not fix the car and pocket the small amount they offered to you. If you have the car fixed, they will be out a total of $5000 but if you don’t, they will be out $2700.

Don’t cash the check. Call your insurance company and discuss this claim with this adjuster’s manager. Have your other estimates available. You may want to send them to the claims manager. Ask that they pay based off the estimate of the body shop you choose and not based on the low ball offer of the adjuster.
June 30th, 2011 at 2:06 pm #Andrew

Six months ago, I purchased a car through a loan my insurance company gave me. They are the leinholders on the vehicle. Recently, I got into an accident and my agent at my insurance company told me that my new car wasn’t on my policy, my old one was (which they had purchased from me before I bought my new car). Being six months ago, I am not 100% certain that I asked them to change the vehicles, but seeing as how they would not allow me to purchase my new vehicle without insuring it, as well as the fact that the new vehicle was registered to me, both led me to believe that the new vehicle was on my insurance. I never noticed that this new vehicle wasn’t on my statement. Now, I may be denied a claim even though I have paid insurance for six months and made six months worth of car payments on a car they KNOW I own. Is there anything I can do in this situation? I’m sorry if this is confusing, thank you for your help in advance.
July 1st, 2011 at 6:07 am #Jason

Andrew,
Probably not. The only hope is if your old one was on the insurance and you were paying the premium for that car. Regardless, you were paying a premium for a car – the incorrect one but a car nevertheless. If you didn’t have the one that is on the policy, they should correct it for you.
July 4th, 2011 at 12:14 pm #Ryan

My durango sits in the driveway most of the year as I only drive it in the winter, therefore I dont carry insurance on it till then. I was out of town this weekend, and seen a major storm coming to my area. I quickly added insurance to my vehicle, knowing if it were in harms way, I couldnt do anything about it from where I was at. I came home 3 days later to find major hail damage. My question is Being I added insurance the same day as the storm, how much hassle is the insurance company (Progressive) going to give me?
July 4th, 2011 at 12:30 pm #Kari

Ryan- I used to work for Progressive although not on claims and I now work for an independent agency, and I have seen progressive scrutinize when something like this happens. They will look at the exact time you added coverage vs the time the storms hit your area.
July 4th, 2011 at 12:40 pm #Jason

Ryan,
Kari is correct. The time that you added coverage can be verified and so can the time of the storm. There should not be any hassle if the coverage was added prior to the storm. If it was added after the storm, then any damage would have existed prior to the insurance coverage. Your agent will be the one that will be able to clarify this with Progressive if there is any concern.
July 4th, 2011 at 1:20 pm #Ryan

Thanks for the quick response. To be honest it was probably added about a half hour before the storm hit. A friend from a neighboring town told me it was coming with damaging winds and hail. I went straight to the computer and switched it to coverage. Although I can’t be exactly sure when it hit town, I do know he lives a good half hour from me. Is there anything else I should be aware of? I do have the time dated on my printout….but I really don’t think any neighbors could verify an exact time it hit.
Thanks again
July 4th, 2011 at 1:25 pm #Ryan

Also would like to add that I added the policy sometime around 7pm..don’t have the printout right by me….but being it was the long 4th of July weekend, I diddnt know if it takes any time to go through with processing of payment( I pay monthly)…I am just throwing that out there, wondering if they can use that against me
July 4th, 2011 at 1:49 pm #Jason

Ryan,
The time stamp on your additions of insurance should be the moment the insurance company uses for coverage determination. Of course 30 minutes is not a large window to work with. The insurance company has to weed out those that added insurance prior to the damage and those that added it after the damage. The historic weather reports detail weather occurring at any given point on the globe within 10 minute increments that I’ve seen. There are likely more accurate ones than that though. What we have here is your addition of physical damage insurance to that vehicle just before a storm based on a “heads up” by your neighbor. The storm hit and damaged your vehicle. Now all you need to do is submit a claim for the damage unless you already have. The insurance company will either accept your claim or they won’t. If the time specifics place your damage on the vehicle before the coverage was applied they may resist paying for it. The burden is now going to be on the insurance company to prove that coverage was added after the fact. Just make a claim and have them sort it out.

It is not so important when that added coverage gets paid, it only matters when it was added to the vehicle. I hope it works out for you.
July 6th, 2011 at 12:04 pm #ap

Hi,

I got hail damage on my 2011 Honda Civic 3 months old. I called up my insurance company (geico) and filed a claim. I also got the estimation done from a body shop the insurance company suggested. The amount approved by them is $6000.

I also have a lien on this car with a bank. The pay off amount is $9000

Can I get the insurance check and then sell off the car OR trade it in without repairing? I believe the insurance company will issue the check on my name as well as on the bank’s name, right? So how exactly does this work?

Will the bank allow me to sell the car without repairing, if I pay off the amount with the insurance claim check (partially) and the rest from my pocket?

Please help.
July 6th, 2011 at 8:38 pm #Jason

ap,
Yes, you can trade it in without repairing it. You should get the check in your and the bank’s name. And yes, the bank should allow you to sell it without repairing if you pay it off the way you are suggesting.
July 7th, 2011 at 7:27 am #Ryan

Thanks again for the input. everyone I knew told me to wait a few weekes and file a claim when the next storm hit… But I know thats fraud, and I really dont have anything to hide. But just out of curiousity…..do they take into consideration the time it takes to add a policy? we are out in the country,thus no high speed internet, and it does take forever to get onto the site, find the vehicle and add the policy….not that an extra 15 minutes makes a whole lot of difference, but its a valid point…
July 7th, 2011 at 8:02 pm #Jason

Ryan,
If you added the coverage and you believe it was covered during the time of the hail, then submit the claim. No, they won’t take into consideration the time it took you to dial-up, find the vehicle, and then press submit to cover the vehicle. They only know when the coverage was added and when the storm occurred. There is no grace period. Either there is coverage at the time of the hail damage or there isn’t.
July 8th, 2011 at 9:25 am #Ryan

yeah, I submitted the claim and am supposed to get a response in 24-48 hrs…which would be today. Will keep you posted on the results.
July 11th, 2011 at 2:45 pm #Tracy

I am so upset and frustrated. I want to keep my car but the insurance company has deemed it a total loss and because I still owe on the car they will send the check to my lienholder. My lienholder is telling me that they won’t allow me to keep the car, that they will send my insurance company the title. The car is repairable, and I want to keep it. Do I have any sayso in the matter? I feel like I’m being robbed just because I got into an accident. Help! ( btw, I live in Maryland).

Thanks
July 11th, 2011 at 6:37 pm #Jason

Tracy,
If it’s a total loss, why do you want to keep it? A total loss means that the cost to repair it is basically more than it’s worth. The insurance company should be paying what it’s worth. What they pay it’s always what’s owed on it but they pay what you should be able to sell it for without the damage. What they are doing, seems normal. You are the owner but the bank is technically the owner too. I don’t think the bank would want a totaled car.
July 12th, 2011 at 2:24 pm #Nick

I had an insurance claim filed in 2010. The insurance company told me that they would fix the damage to my car. I didnt have time to take the car to the auto body, but I did end-up trading my car in for a new car, however when I traded the car in the dealer took off money for the damage. Can I still get the money that the insurance company said they would payout for the damage since I have sold the car?
July 12th, 2011 at 9:00 pm #Tiffany

My car was parked legally on the street outside of my apartment building. It was hit by an elderly man who was attempting not to hit someone else, but instead of hitting the brake – he hit the gas and rammed into my right rear quarter panel.

I went through his insurance company to have the repairs done and sent my car to my body shop. My body shop and my own insurance company have inspected the vehicle and say that it is unsafe to use USED parts to repair my vehicle, and that it is considered a total loss.

The other guy’s insurance company is saying that it is repairable and that they can use USED parts to repair my car.

When I asked my own insurance company for advice, they wanted me to pay my deductible (which I understand is only paid when I need to have repairs made, which won’t be the case because they agree it is a total loss) and to call the other guy’s insurance to manage that.

1) I want new, OEM parts for my car.
2) Why won’t my own insurance company help me settle this claim? Isn’t that what I pay them for? So far, I’ve been having to manage this all myself and I don’t have an assigned agent to help me. My adjuster is asking me to do the work he should be doing for me.

What are my rights in getting my adjuster to do his job?

Who do I fight next? My own insurance company to get them to do their job? Or the other guy’s insurance to get them to give me a fair claim?
July 13th, 2011 at 2:12 am #Jason

Tiffany,
How old is your car? For example, if your car is a 2003 model, every single part on the car is 8 years old. If repairs are made with used parts, they are replacing your damaged used parts with undamaged used parts. If you want brand new parts, that is not an appropriate option. Why would you put new parts on your car when it is not new? If you have physical damaged insurance on your vehicle, file the claim with your insurance company and let them settle your claim. If you don’t have physical damage insurance, have it settled with the other guys insurance. If you don’t have physical damage coverage on your car, your insurance company has no job being involved with this claim. What is so unfair about repairing your car using parts that are used when your car has damaged used parts on it? It sounds reasonable what the other guys insurance company is trying to do to settle your claim. Can you explain what is unsafe about using used parts on your car? Who ever said that really is not thinking about what they are saying because that doesn’t make any sense at all. Do you think it does?
July 13th, 2011 at 2:15 am #Jason

Nick,
Call your insurance company and tell them exactly what you just wrote in this post. They should help you with that but you will only know when you ask them.
July 20th, 2011 at 8:05 pm #LaCreasha

In June 2011 I was involved in automobile accident with a deer. I had the insurance adjuster came out and wrote an esitmate. So when I received the check to have my vehicle repaired the leinholder’s name was on it and so was mines. I had found a company who was going to fix the vehicle but my leinholder manager said that she would need the check and make copies and send it back to the insurance company to void it. I have spoken to my insurance company and they said they would take there name off if they would fax them a note to do so and it’s been over a month and I cant get my car fix. So if i cash the check and pay the company will I get in trouble cause im tired and fed up with them never had this problem happen before and all I want my car back right.
July 20th, 2011 at 8:14 pm #Jason

LaCreasha,
Do you have a question?
July 20th, 2011 at 9:12 pm #Barry

LaCreasha,

If the check is made out to you and the lien holder, no bank will cash that check unless you and the lien holder both sign it. If you forge the lien holder’s signature, you probably would get in trouble.

Barry
July 23rd, 2011 at 6:50 pm #Ryan

just an update on my situation…I got a letter from Prograssive stating that it appeared that the coverage was added after the storm, and they were further looking into it. had an adjuster come look at it, who deemed it could possibly be repaired, depending on what the auto shop says about the roof dings.
I did some research into my situation and heres what I have. I have text messages on my phone with my wife stating she had insured the vehicle at 5:26 PM….Progressive stated the storm hit my area at 5:40PM…I have an email confirmation at 6:05 PM stating the vehicle had been insured. According to the NWS storm report, the area of the storm with damaging hail hit at Approximately 6:03 pm in my area…according to a trained spotter.
The claims adjuster was going to submit his paperwork to progressive, and I should hear from them soon.

Your thoughts?
July 27th, 2011 at 4:06 pm #Mark

I had a front end collision with a deer and the body shop fixed the visible damage along with the visual mechanics. I got the vehicle back and had all the sensor lights come on and stay on, the transmission rough shifting into and out of drive, and noise from the front end/vibration in the steering wheel. They looked at and found damage to the wiring harness and replaced but now they (insurance company ((state farm)) and body shop want me to pay for a diagnostic???? Shouldn’t they do this up front to verify I have a reliable and safe vehicle??? Any pointers on where to go from here?
July 28th, 2011 at 4:00 pm #Carlos Martinez

last week my car was rear-ended, i have been a little achie for a few days now and it is not critical. The insurance adjuster (nationally known company) for the person who hit my car asked where I wanted the car fixed. Through co-workers I was recommended a local shop and notified the adjuster, I dropped off the vehicle, they arranged for a car rental. Today the adjuster called me asking about the car and parts, cost etc., my car has a manufacturer spoiler added to the lower portion of the rear bumper (luxury accesory orbody kit), they are not willing to cover the part and inlcuded 7 hours worth of repair to try to fix this part since it cost between 750 to 950 (painted from factory). I also forgot to mention the adjuster wants to provide me with a re-manufactured rear bumper, isnt that nice? I want my car back like it was no re-manufactured parts and I want a new spoiler not one that someone attempted to spend 7 hours fixing. Do I need a laywer at this point, these people are idiots. I live in FL, arent there laws to protect me against this nightmare, I think I have been through enough already.
July 28th, 2011 at 5:08 pm #Jason

Carlos Martinez,
Do you even know what a remanufactured bumper is? What objection do you have to a bumper with that name attached? Why do you want a new spoiler when the one that you have will be repaired even though it may take several hours? This really isn’t a nightmare. This is just what happens when cars get fixed. You can get a lawyer but for what reason? They cost a lot of money and everything appears to be working out for you.
July 28th, 2011 at 5:10 pm #Jason

Mark,
The insurance company should pay for your diagnostics. Just be firm with them that they should pay for that and you have already incurred your expense which is your deductible. They should incur the expense from that point forward.
August 1st, 2011 at 7:31 am #Vanessa

Hi I borrowed my parents car for a week. We had a hail storm and their car got damaged. We took it to the repair shop and Geico paid for the claim. My parents had rental car reimbursement so I picked up a rental car and signed for it. A truck or car side swiped the rental car in the middle of the night. I did not get the extra insurance from the rental agency and my policy on my car is only for liability not collision or comprehensive. Who should pay for the damage? Geico is saying that I should because I signed for it but it is being rented under their policy? HELP!
Thanks
Vanessa
August 1st, 2011 at 7:45 am #Jason

Vanessa,
You rented the vehicle. You, as the renter, are the one that is responsible for any damage that occurs to the rental car. It doesn’t matter if you rented it because of work on your parent’s car.

Sure, you might have needed the rental car because their car was being repaired but for coverage to extend from your parent’s policy, they would have to be the ones signing for the rental car. Since you signed for the rental car, it is an extension of your policy which is absent the collision and comprehensive coverage. As a result, the damage is your responsibility.
August 2nd, 2011 at 7:11 pm #Charles

My vehicle was hit by a BMW backing into me as I was passing by it at very low speed. Minor damage to both passenger side doors that is estimated to be $3000 by State Farm’s approved collision center.

I think they are employing deliberate delaying tactics in the hopes I will accept a lot less. For example, I took it to there collision center the next day, but I needed an ‘assignment’ number before I could get an estimate. That took over three weeks. Three weeks later State Farm sends me a second claims form to be filed, but by a different claims manager and different location. Two weeks after that they claim I need to send in a photo, but their collision center does that. The collision center needs an ‘assignment’ number now for the photo, etc…another three weeks delay, etc…see what I mean…

They also want a phone’ conversation’ and I have been advised not to have this recorded conversation because State Farm will use it some how against me and refuse to pay all or some part of it.

Why won’t they pay the claim since it was estimated by THEIR ‘approved’ collision center (and probably low-balled), THEIR policy holder did the damage, THEIR acknowledgement of responsibility, THEIR service center is responsible for photos and estimate to STATE FARM as a mater of procedure.

I have co-operated with them on their terms and given them every advantage with the so point of receiving a quick and simple resolution to the claim and a quick check. It isn’t working out tht way. Is small claims court an answer to their delays and excuses?
August 2nd, 2011 at 7:44 pm #Jason

Charles,
I don’t know what you are talking about. How can you accept a lot less for this claim? If your car gets repaired do you care it it costs $10,000 to fix it or $2500 to fix it? You shouldn’t care how much it costs to get fixed just as long as it gets fixed, right?

Now, I don’t really think small claims is the way to go because if you are complaining about 3 weeks delay or even 2 months, you are talking about a lot longer delay in the court system. Now, I can’t believe it’s taking 3 weeks to get an assignment number and then another 3 weeks to get some numbers to attach photos. Have you talked to a claims manager at state farm about how long it’s taking? If you have, maybe it’s time to talk to that manager’s manager about how long it’s taking.
August 8th, 2011 at 8:49 pm #leanne

I hit a piece of concrete pulling out of a driveway and punctured my oil pan. I noticed when the car died in the road. I had it towed home as I was leaving for the airport. My brother fixed the hole but the engine is seized. Will the partial repair affect my insurance claim negatively?
August 9th, 2011 at 5:28 am #Jason

Leanne,
Partial repairs don’t work in damaged oil pans. If an oil pan is damaged, the entire oil pan needs to be replaced.

You had an accident in with you struck something causing damage. That should be covered by your policy to replace the oil pan. The indirect damage is you continuing to run the vehicle with the oil light on and oil starvation to the engine causing damage to the engine.

I believe the insurance company will not be swayed because you brother partially fixed the oil pan. They should cover the replacement of that item entirely. On a separate note, the insurance may not cover the indirect, secondary results of the initial damage which is the damage you did to you engine.
August 9th, 2011 at 2:39 pm #Mike

Around March 2011 a lady failed to stop @ stop sign coming out a complex and I T-Boned her. She admitted fault at the scene and in the police report and she even got ticketed. My car got towed from the scene as well as hers.

Now she stated at the scene that she dont have insurance or might have. I was going to take her to court, I even called her and she said she will call us back and contact her insurance.

I paid for the damages to my car out my pocket $3,000 right away after the accident and I got my car out the shop around April. I paid out my pocket because the lady made it seem like she didn’t have insurance.

Well fast forward I month ago 4 months later in July, I get a call by her insurance company asking me about the accident. They asked why I never contacted them, and I stated I never knew she had insurance. She said its in the police report, I stated that no where in the police report idoes it state anything about insurance. The claims lady checked and said I’m right.

Well I she asked for estimate and I stated I got the car fixed already right after the accident because I thought your client didnt have insurance. The claims lady said well send before and after pics and a “estimate”. I stated I don’t have a estimate since the car was fixed already , and that I only have a receipt/invoice. So I sent that along with the before and after pics of my car to the adjuster.

So I called 1 week later to check on my claim and they were like well usually we need 2 estimates. I stated I dont have estimates because as I mentioned before the car is already fixed since I came out my pocket, and that I only have a invoice. She said well I will email the adjuster to check on this claim since this is a unusually case since usually they need to see the car before paying a claim. I reminded her again since there was no mention of insurance on police report, and the lady got ticketed for having no insurance as well I was under the impression she had no insurance since she even mentioned it at the scene.

So my question is:

1.How long do they have to pay out on the claim or close it out

2.Do I have to send a estimate? The car is already fixed and I didn’t get a estimate when a shop fixed it just a invoice.

3. Do they have to reimburse me for full amount or will they settle for less? Are they obligated to pay full amount( I got the work down way cheaper then a body shop would charge)

4. If they take to long can I take the insurance company to court or do I take the driver?

5. How long should I wait for settlement and should I send a demand letter.

6. I know my post is long. I greatly appreciate your help and any more tips will be appreciated!

Mike
August 9th, 2011 at 4:31 pm #Jason

Mike,
1. The insurance company usually allow themselves 30 days to settle a claim. On some occasions, it can take longer.

2. See if the shop has an estimate in their system that they can provide to you. An invoice is actually the conclusion of an estimate and the insurance company should realize that. Probably the insurance companies concern is that they only want to pay for the damage their insured caused and nothing more.

3. They should pay for the full cost of the repair regardless how or where you got it fixed. Their insured caused the damage and they will have to figure it out.

4. If you have to take this to court, the insured should be the one you take to court. If she does have insurance, which appears apparent, then the insurance company will substitute itself in place of their insured. It’s kind of automatic that they get entered as the defendant so just name their insured in your law suit. Lawsuits can be expensive so if you can get them to settle this prior to legal action, you will likely be better off and have a lot less stress about the entire matter.

5. You will just have to keep following up with this insurance company. Provide as much information as you can and explain why you can’t supply everything if you cannot supply what they ask from you. Sending a demand letter can be done but you should try to work it out with them without getting overly pushy. They may take a defensive stand and that probably won’t be a good thing to get this settled.

6. Just post additional questions if you need other advice. We won’t provide legal advice just so you know that.
August 9th, 2011 at 4:52 pm #Mike

Thanks Jason..

Now when i got the car repaired at the small buy here pay here dealership I put $1500 down and the rest ($1500)was added to my car loan. How would that work? Do they still have to reimburse me the full amount even though half was added to my car loan??

Additional questions to previous answers above:

2. The shop wont provide a detailed estimate. I kind of got it done at a small buy here pay here dealer . Actually the dealer I bought the car from fixed it and they said all they can provide is the invoice since this was kind of like a side job for them. ??

4. If I take them to small claims would it not be expensive??? They told me its $120 to file..

5. Yes your right I don’t want to sound too pushy so I will probably wait out the 30 days. They told me when I first submitted my info that it takes like one week but after doing some research i figured that was the standard answer.
August 9th, 2011 at 9:15 pm #Jason

Mike,
So what happened is you had a car damaged that was financed at the BH-PH place. Since you still owed money on this car, they indicated they would repair it but you would have to pay $1500 up front and they would add the remainder of the total cost of repair to your loan.

The total cost of the repair was $3000. The BH-PH dealership had the work done and they likely had another body shop do the repairs. All you really got out of this is a repaired car for $3000 and the place financed $1500 of that for you.

The insurance company is going to have to justify paying you for the repairs of the car. They really need to understand how you had this repaired. Your repair is a little out of the norm because you didn’t have the repairs done – the BH-PH place did that for you.

I would try to explain this as clearly as you can to the claims adjuster and let them know you will provide as much information to them as you are able to obtain. Perhaps a letter from the BH-PH place might add to the information you provide to the insurance company about what happened. They might be able to help you out by getting a letter or some type of estimate for the work that was done to the car.

It shouldn’t matter to the insurance company how you paid or how you financed a portion of the total cost to get the repairs done. They should just pay, or reimburse, for the damage to your car.

Ok, it’s $120 to file. It may be easy to initially file a law suit and pay the money. You have to prove all the elements of your claim to build a satisfactory case in order to win a judgment in court. In court, this is not a simple process and if you don’t prove all the elements of your claim, you will not prevail. It will be you against an attorney who the insurance company will have represent the insurance company. That attorney will do whatever they can to prevail for their client, the insurance company. Please don’t take this as legal advice because it is not. I’m just telling you this is a difficult arena to enter unless you are an attorney. I assume you are not one.

Your claim is an unusual one but one that the insurance company should be able to figure out. I think I understand it. If I was the insurance company representative, I would want to know what was damaged to your car, who repaired it, and what did they do to repair it. Those are simple questions but that is the information they would find on an estimate, which you do not have. Try to work with the insurance company to assist them in trying to settle this with you.
August 9th, 2011 at 11:35 pm #Mike

Thanks Jason,

Ok, yes it is unusual even the adjuster said that.

i dont know if you understood what i typed earlier, but the adjuster already know who fixed it(BH PH), the BH PH) lot did all the work themselves. i guess the have workers there who work on there on cars (salvage titles)..

The BH PH did this as a favor for me as they dont usually do this.

Now the invoice I faxed to the adjuster is from the BH PH lot. Their name is even on the invoice and the adjuster is aware of this.

I told the adjuster that I thought their client didnt have insurance so I got it fixed myself, the next week. I told the adjuster that the BH PH lot fixed it up themselves and that they never gave me a estimate or anything, only thing I was given is a invoice which list the parts used, cost for each part and labor charge.

I told her I could not get a detailed estimate like a regular bodyshop because they are not int he business of doing bodywork for public.

So yes the adjuster already have the same invoice i was given which list parts, price and labor charge.

I also gave her the before pics(at accident scene) which shows my whole front end tore off and both side panels and airbags deployed , it was bad. And I also showed her the finished results(which looks like a new car again), so it shouldnt really be no disputing the fact that the car was heavily damaged .

The car lot said they probably would had written it off for $3500 or so if I would had filed a claim when i had accident.

Here is a before pic of it at the accident scent http://superbdebtrelief.c0m/mustangaccident.jpg
change the “0″ in com to letter o.

As you can see the damage is there. Now it looks like a new car again.

It took them 4 months to contact me and when they called I was like this is a joke right? she said no..LOL i was like I thought she didnt have insurance and why did you contact 4 month later. Im grateful you contacted me but that was kind of odd. I was like I got the car repaired for $3000 out of my pocket 3 months ago.

But I sent the the receipt/invoice I got. As far as a estimate I cant get that. I would think the invoice would be good enough as it shows parts, price and labor.

I just hope everything is done and claim closed and settled within 3o days.

so what do you think?

There is really no disputing the damage

So what do you think.
August 9th, 2011 at 11:37 pm #Mike

O yea, and the car is a mustang. probably cant tell from the pic
August 10th, 2011 at 11:11 pm #Brandon

I was recently side swiped by another person where they totaled my car, they admitted fault and I am to be paid the value of my car but they are telling I have a salvage title and wont pay me the full amount. The private dealer guarantees me still that car has a clean title, is nationwide trying to get me to fall into a trap? It’s not right because my 1998 Volvo s70 was in mint shape and now there telling me it’s worth nothing it doesn’t add up? My dealer says he guarantees it’s a clean title how do I go about this to get what I disserve?
August 11th, 2011 at 9:57 am #Nicole

Hi,

In July, I was involved in a small-at fault accident with a Spanish speaking couple. I wanted to pay out of pocket, but they filed a claim with my insurance company. The damages to their car rear bumper was $804 for a ’95 honda civic. Since it had already been reported, I decided to let my insurance pay for it.

Fast forward, I took my car to a few shops to get an estimate that ranged from 800-1600. I thought since it was my 2nd at-fault accident, my rates would increase regardless even if I switched to another insurance company.

The total damages for my car is 1400. I’ve already paid the 500 deductible to the shop and Progressive my company, has issued me a check for $913.

While shopping around, I noticed some companies charged me more for having 2 at-fault accidents, whereas I noticed others also based it on the amount of damages/payout from the insurance company.

If I choose to pay out of pocket for my car, it leaves the claim at $804 on my record. The 1st claim of $3800, from Dec. 2009 comes off in Nov. of 2012.

I was wondering if I should let my insurance pay for the costs, or pay out of pocket. I currently pay $216 with progressive, that will go up to $330 if i renew. If I move to another insurance company for instance and leave the claim of $800, its considered non-chargeable, bringing a 10 month rate to $170. If I use the insurance check, it brings my claim to $207/month. Please let me know what you siggest.
August 11th, 2011 at 5:41 pm #Jason

Brandon,
Each state keeps a record of vehicles that are totaled. Why are you seeking the assurance from the private dealer that sold the vehicle to you? What does the title say? Did you retitle it in your name? If so, it should have the noticable words of “salvage”, “junk”, or some other words that express a salvage vehicle.

To make sure, you can clarify this with your department of motor vehicles whether the vehicle is totaled or not. And yes, the insurance company will pay you the fair market value of a vehicle that has been totaled and then repaired. Why? Because these vehicles have a market value less than vehicles that have not been previously salvaged.
August 11th, 2011 at 5:45 pm #Jason

Nicole,
You should do the math and do what makes sense to you.
August 12th, 2011 at 9:21 am #JOHN DALESSIO

my son had a car repair, after it was done engine light came on, I was told to take it to volvo dealer, soon after my car broke down and they say I need a new engine.neither ins co will assume responsibilty, cannot get any results, so I have to pay for the $5k repair. how can I sue both ins co.
August 12th, 2011 at 10:20 am #mike

Hey Jason mike here. Why did you delete my last comment and left it unanswered ???
August 12th, 2011 at 1:32 pm #diana

A Lowe’s truck backed up and ran over my Mazda Miata. I came out of Lowe’s parking lot onto a side road when I got to the end of the road a Lowe’s truck with a fork lift was sitting there waiting on traffic so I pulled behind him to wait also. The Lowe’s truck suddenly started backing up (not sure why unless he thought he was out in the road to far) I blew my horn and he didn’t stop coming back before I could get my 5 speed into reverse the fork lift on the back of his truck grabbed the front of my car and I couldn’t get away from him. He continued to back up and the fork lift went all the way up the hood of my car I blew the horn some more but he didn’t stop. I then decided he was going to back over the top of my car and crush me so I got out he then pulled forward and pulled out into the 4 lane highway and left the scene.. I called the police we went to lowe’s got a police report and they called the driver of the truck he admitted to backing up but said he was unaware that he had hit me.

Lowe’s insurance Company called me 3 days later and told me to go get an estimate and fax it to them..which I did the same day.. it has been 2 weeks now and I have heard nothing from them. She said I must sign a release of all claims before they will pay me for damages (my car is paid for) I told her No what if there is some unforeseen damage to my car ..she said they will not release any money until I sign this.. also they are not paying for my rental car while mine is being fixed!!! I guess I just need to sue them Huh?
August 12th, 2011 at 10:15 pm #Jason

Diana,
It seems that lowe’s is accepting negligence for this accident. That is the way claims are settled. If you wanna make sure all the damage is found, take it to a body shop and a mechanic and make sure there is no damage unforeseen. When they know of the damage and you are willing to sign a release, then they will settle with you.

The release is kind of a closure for them. They just want it so the sum of money they pay you closes the claim and the claim doesn’t linger.

Why would you need to sue them? If you sued and you were successful, they would still require you to sign a release. So you would be no further ahead than if you got a complete estimate for repairs and did this right now.

Also specifically ask the body shop or repair facility to indicate on the estimate how long it will take to repair your car for rental car purposes. Then ask Lowe’s to add the rental car expenses to the release and go ahead and get the funds to repair your car and so you have a rental to use while it’s being repaired.

This doesn’t have to be complicated. You will have to have faith that this process they use works.
August 12th, 2011 at 10:16 pm #Jason

Mike,
Sorry, I didn’t delete your comment. Simply re-post it and I will address it for you, ok?
August 12th, 2011 at 10:22 pm #Jason

John Dalessio,
Perhaps neither insurance company sees a direct connection to the repair and the engine light coming on.

Just because an engine light comes on does not make the repair facility responsible for an engine light coming on. Engine lights come on for other reasons.

Basically you can sue anybody for any reason. The court will dismiss suits that have no merit. If you cannot tie the repair to engine light coming on and the engine failure, then you fail to have merit. (Please do not construe this to be legal advice.)
August 13th, 2011 at 9:26 am #Jason

Mike,
You can’t post photos on here. You likely didn’t have your post initially posted on here. I believe you indicated you have the mustang. We don’t care what kind of car it is, nor do we need to see any photos. Do you have an insurance question?
August 14th, 2011 at 9:06 pm #gsanders

I have a 1999 cadillac deville. It was vandalized pretty bad the other night. An allstate adjuster is scheduled to look at it tomorow. WIll they cover my 20 inch rims if it is totalled?
August 14th, 2011 at 10:51 pm #Jason

Gsanders,
The insurance considers that cars will have wheels on it. Generally, specialized parts to a car don’t add much, if any, additional value to a vehicle. You can ask your adjuster that question when he looks at the car. Perhaps he will let your replace the wheels with stock wheels.
August 16th, 2011 at 10:47 am #Kim

I had an fender binder my insurance company sent me a check made payable to me and some auto body shop. Can they make it payable to me I dont know this body shop I want to take it some where I want to go.
August 16th, 2011 at 12:51 pm #Carlos

I have a 2011 Toyota Tundra truck and guilty party insurance carrier wants to repair my d/s door instead of replacing the door. Is this fair? Since my truck is new. Aren’t I entitled to replacement of door legally?
August 16th, 2011 at 12:56 pm #Carlos

Kim

You have choice of taking your vehicle to any body shop, but if you have a lienholder your insurance will have to make check to you and your bodyshop or you and your lienholder.
August 16th, 2011 at 4:07 pm #Keri

Yesterday was the first day of school in my city. I work at a school, but I am not employed by the school. I work for an outside agency. I was alerted that my car was hit while parked in the school parking lot. I went outside to see the whole, right front of my car tore up where the headlight is. The fender casing was resting on my wheel which made the car unable to drive. There was a box truck in front of me delivering furniture to the school. They were employed by the public school system for the city I work in. They offered their apologies and I talked to their supervisor. A man came to take pictures of my car. I had my car towed to a collision center in the city. I used my service through Allstate to pay for the towing of the vehicle. The school system said they would need two estimates.

I gave them two estimates for approximately $2500 for the repair. I talked to a representative of Engle Martin & Associates in Birmingham, Alabama as they are the ones who handle the claim. I told them that I did not have another vehicle and inquired as to how I would get to work. They told me that I would have to pay for the rental car and I would be reimbursed, BUT they would only pay $25 a day. I am in dismay, because what rental car service rents a car for $25 a day. Then the collision center told me that it would take at least a week for my car to be repaired and that would only be after they received payment verification from Engle Martin & Associates. I am so frustrated. Is there anything I can do, because I don’t think it’s right that I have to pay for anything and get reimbursed when my car was obviously legally parked and I was inside the building of the school. Now, I can’t even get to work, because I don’t have a car to get me there since mine is in the shop. Can they be reported to the Better Business Bureau or can anything at all be done. I don’t think anybody should have to go through something like this when it is not their fault. I understand that I don’t have the rental car insurance in my policy. I didn’t add that on before, and of course now, I will definitely do so. But can anything be done about the way this is handled??

Although, everyone I talked to were pleasant, everything needs to be handled better than this, because I should not have to pay anything out of my pocket. I am considering suing, because as of right now, I still don’t have a rental car….
August 16th, 2011 at 5:06 pm #Jason

Carlos,
Yes, that is fair for the other insurance company to repair your door.
August 16th, 2011 at 5:09 pm #Jason

Kim,
Yes, the insurance company can write you a check with only your name on it if you don’t have a lien holder for the vehicle.
August 16th, 2011 at 5:29 pm #Jason

Keri,
In Birmingham you can get a full-size rental for $172.30 weekly, which is less than $25/day. If you wanted to keep the rental and a tax amount less than $25 per day, you can get a standard size car $146.31 weekly. It’s not impossible to get a car if you need to have one while your car is in the shop.

Having to pay for the car and getting reimbursed is not the worst thing in the world. If you want a car, that is what you have to do. If you don’t want a car and can ride with a family member or a friend, that is another option you have.

The way they are handling it is the way things of this nature get handled. They caused some damage, are getting it fixed, and allowing to reimburse you for your extra car expense. Other than the prepayment and direct payment for a rental, what else do you want them to do?
August 16th, 2011 at 10:35 pm #Joe

do insurance company third party cut checks without the paying signing a settlement form? Other driver insurance stated they have sent a check for damages to my car bit I never sign any settlement for or was one not needed ?
August 16th, 2011 at 11:20 pm #Andy

I just got into car accident last Tuesday, I didn’t have collision coverage…but I do have the police report said it’s other party’s fault.
So my insurance company told me to contact the other party’s insurance company.
The adjuster from other party’s insurance company said he came to check me car already, I don’t know if he did because he didn’t call me when he came and he said he read the police report already. So I asked him how they gonna fix my car, and he keeps saying that the investigation is still pending because he still needs to talk to the other party which is his own client…and he told me he hasn’t been able to reach his client since last week…so what should I or what can I do under this situation to speed up the process…because I really need my car to be fixed…tired of asking for ride or borrowing car from friends…or I just have to wait until they are willing to pay?
August 17th, 2011 at 6:56 am #Keri

Hey Jason! I am actually in Mobile, Alabama, but the insurance company for the vehicle that hit me is located in Birmingham. I just don’t think I should have to pay anything out of my pocket. It is an inconvenience to me, but I guess I have no other choice…I really don’t think I should be stressed with handling any of this since I was not at all at fault. That is just my opinion….
August 17th, 2011 at 7:12 am #Katie

I got into a car accident and the other person’s insurance has issued me and my lien holder a check for the repairs. Their estimate was $1200, but I have found somewhere to get it fixed for considerably less. I received the check, endorsed the back, and deposited the check into my bank account. The lien holder did not endorse the check, but the bank still deposited the check for me. I wasn’t sure whether or not they had to endorse the check in order for me to cash it, but they did. I plan on fixing the car and using the money to pay off other bills. Do you think this will come back to bite me since the lien holder didn’t endorse the check? Thanks!
August 17th, 2011 at 8:28 am #Jason

Andy,
Everything is going as it should. The insurance company does need to contact their insured to confirm that everything is as they believe it is so they can pay for your damages.

They should reimburse you for a rental car. You really can’t speed things up. All you can do is call them every once in awhile to see if they’ve been able to contact their insured. Also, you may want to ask the insurance company if everything is confirmed by their insured, if they will reimburse for a rental car and for how much per day.
August 17th, 2011 at 8:30 am #Jason

Katie,
Probably not. Just get the car fixed. That is what the lien holder would want you to do.
August 17th, 2011 at 8:32 am #Jason

Joe,
One apparently isn’t needed. If a third party has injuries, then a release would be needed. For property damage, either it’s fixed or it isn’t. There is really no gray area for property damage like there are with some injuries.
August 17th, 2011 at 9:11 am #Andy

Thanks for answering…Jason
So if they keep saying they can’t reach their client for a month than I’ll have to wait for a month or maybe more? Their client filed the claim last week…but they didn’t speak to the client…and I believe they will only pay for the rental car when my car is in the body shop and being fixed…so if I rent a car now…they won’t pay for it…oh well…
August 17th, 2011 at 9:49 am #Katie

Thank you!!! Will do.
August 17th, 2011 at 10:22 am #pj

I was in a car accident this past friday, we were hit by a drunk driver I just found out that my car will be deemed a total loss. Now as I understand it there will be a lot of paperwork and whatnot to deal with for the DMV, however I do not currently have possesion of the title for my car even though I am the registered owner. I’m 21 years old and my mom signed the car over to me back in May when I moved out of the house (which she was furious about) but her stipulation for that was that the title would have to be sent to my former address (her house) so that it wouldn’t get lost. So, will I be able to complete all the paperwork etc. and get my settlement without having the title for my car? Because my mother and I aren’t exactly on speaking terms and I don’t think she’d give it to me anyway.
August 17th, 2011 at 1:44 pm #Joe

Andy

Usually claim can take around 30. Out your car in the shop now regardless of its getting fixed or not.

Them tell the insurance your car is in the shop now as your without a car.

Just be patient really there is nothing to be done to sped up besides call once a week. But usually it takes like 3 weeks for third party claim. If they don’t get ahold if driver after 30 days I’m sure they will just pay you
August 18th, 2011 at 12:04 pm #Jason

PJ,
There is not a lot of paper work involved in a total. It will require you to surrender the car to the insurance company along with the title. If you need a new title and it’s registered to you, just go to your state’s dmv and apply for a lost/stolen title to replace your current one. That should solve all the issues that you have.
August 18th, 2011 at 12:14 pm #Bradley Crawshaw

My 2011 Toyota Prius was flash flooded on 07/29/11. After weeks of going round with Frank the Claims adjuster (angry rock…. perfect) the car is being under-repaired and I believe it should be considered a total loss based on the extent of electrical components compromised by water. Do I have the right to call in a Toyota Prius expert for evaluation of this vehicle for this claim?

Florida resident, car flooded in Michigan.
August 18th, 2011 at 8:07 pm #Jason

Bradley,
Yes, you could call in a Toyota Prius expert but that probably would be your expense unless you could get the insurance company to agree to that.
August 19th, 2011 at 12:02 pm #taylorgeo

I was hit while riding my bike along the roadway (following all road rules). An auto mechanic backed into me and I ended up in the hospital for days. He was the owner of the shop and driving a client’s car. I am having a difficult time getting the shop’s insurance to pay the medical bills even though the police issued him a ticket. Can I also pursue the owner of the car to get medical bills paid on his insurance since the business owner’s insurance is resisting?
August 19th, 2011 at 6:45 pm #Rosa

I was involved in an auto accident in March of this year, took the car for an estimate and gave the adjuster the name of shop. The check was issued to them in early April, I never took the car in for the repairs so the repair shop returned the check to the insurance and now the adjuster says they can only issue the check to another body shop. The car is paid for, not sure why they can’t issue me the check. I live in California, if that helps.
August 20th, 2011 at 5:45 am #Jason

Rosa,
They can issue the check to you. Simply ask them to do that. They should not be sending a check to the body shop.
August 20th, 2011 at 5:55 am #Jason

Taylorgeo,
The insurance company for the garage will pay you a one time settlement and also require you to sign a release in exchange for the sum of money they pay you. They are not going to pay any medical bills for you. It will all be done with the settlement that they do with you.

If you were riding your bike and own a vehicle, you may have medical coverage from your auto policy. That would be the place to find medical coverage for this incident.

If you go to the vehicle’s owner, you probably can make a claim. I don’t believe you will have any success in getting medical payments paid through that policy since you were not an occupant of that vehicle at the time of the accident.
August 20th, 2011 at 3:23 pm #Rosa

Thanks for the reply Jason, but this is the email I got from the adjuster today.

Rosa,

This specific policy requires that we issue payment to the shop directly. Please refer to your policy and see page 18. no cash outs allowed…

thanks…

But back in March she sent me a letter stating they would issue a check to me unless I specified a body shop. I am confused. Do I have any recourse on this?
August 20th, 2011 at 5:33 pm #Jason

Rosa,
This must be a company specific policy. If the agreement is that there are no cash-outs allowed, then you will have to follow the guidelines of the agreement.
August 22nd, 2011 at 8:14 pm #Levy

I left my sunroof open and my car got completely wet on the inside. The electrical in the dash no longer works and I am getting flashing signs that saying bring in for maintenance. This is a mercedes benz 2001 so everything works on electrical system. Car won’t start or even try to start. Will my insurance cover it this type of damage or will i be wasting my time calling and going through the could be hours of wait time. i have Full coverage through progressive and i think i did read something about if my car is damaged from flooding it is covered. Thx.
August 22nd, 2011 at 8:20 pm #Jason

Levy,
It appears you suffered a loss and comprehensive covers accidental water damage so this seems to be a loss that would be covered by the policy. The only way to find out for sure is to make a claim. A claim should not take an excessive amount of time to work though but it will require some time from you.
August 23rd, 2011 at 3:54 pm #jake

i filed a claim a few months ago on my 2004 cadillac cts because i was following a motorhome agong a river road an the motorhome went off the road a little trowing up a much of rocks chipping my paint and cracking my windsheild in about 4 spots, i slowed down letting hm get way ahead of me so i didnt get hit again and looked in my rear view mirror and seen a bunch of oil smoke, i slowed down and got to the nearest straight streach for safety reasons and pulled over. the whole bottom was covered in oil an oil was everywhere. my insurance had it towed to a dealership and i explained the motorhome thing an they said it was fine that it was coved. they sent a appraiser to the shop to look at it an they had to remove the front of my engine caus there was no holes it my oil pan. on my engine it has a oil canister off to the side an they said it was leaking from where that hooked back into the block. i asked if a rock could of bounced up there an caused the damage and they didnt give a clear answer, the next day the agent called and said it was a mechanical failure and would be covered. they said it was unlikely the rock could of got to that area but when i looked by the oil canister you could still see the ground so it could of been the rock, and how unlikely would it be for my car going out seconds after being pelted with rocks. what can i do to make them reopen the claim
August 23rd, 2011 at 4:10 pm #Jason

Jake,
You will really have to consider the size of the rocks when you try to piece this together. If rocks are going to hit your windshield of your CTS, then they are not really that big. The other rocks that are not going to bounce as high as your windshield are going to be a little bit bigger. There is a limit to the size that these rocks can because 1. the rocks have to fit within the tread on the vehicles tires to become thrown up and 2. rocks over a certain size won’t be thrown up because they are too heavy. You were able to see the rocks that flew up causing damage to your windshield. Do you think any of those sized rocks could have bounced up to cause an oil canister to become dislodged? Also, what were the physical indications that rocks caused that damage? Although it is coincidental with the rocks, this seems to be a mechanical failure as they have indicated. Ask them to re-evaluate the claim if you want them to review it again. Before you do that, you may want to provide them reasons that they may have mis-diagnosed the damage and why rocks could have made that damage happen. Short of that, it doesn’t look promising for you.
August 24th, 2011 at 10:32 am #ssapungan

My mother died as a result to vehicular manslaughter. The other party had liability insurance and I have full coverage insurance. The attorney we retained to pursue a case against the other party and her insurance company didnt do much but file a claim and an asset check on the other party. Once he realized she had no asset he didnt want to pursue any other actions against the woman because he would be losing money per hour. This settlement fund was distributed 33.3% for the lawyer and the remainder was split 33.3% for my mothers heirs. My question is, since I have a separate claim through my insurance Sapungan/Deluna vs my insurance company for under-insured motorist (my mother qualified under this loop hole because she was my parent residing with me at the time of her death), since this is my own policy am I dont feel like I have to split the settlement with my siblings as equal shares. I pay my premium and have paid my premium for the last 5 yrs. I have offered them both a decent amount minus $2000. So instead of being split 33.3% I asked to split it 22.2% so that the remaining 11.1% can be set aside for her grandchildren with whom she lived with and were also greatly affected by her death. I believe this is fair because this is not a claim against the person at fault, this is just extra money because I legally carry a decent automobile insurance and I was the responsible party for my mother at the time of her death. I think the person who profited from our loss and emotions was the attorney who could have ethically directed us to resolve it through filing the insurance claims ourselves because this in his own words “was an open and shut case”, he didn’t advise us of other options that were available to us because he wanted to profit. So now the two siblings are against (let me say, they are single and have no family and are 24yrs old and 29 yrs old) me because I asked for a larger portion of my insurance policy. Please advise.
August 24th, 2011 at 11:45 am #Jason

Ssapungan,
Do you have an insurance related question?
August 24th, 2011 at 12:42 pm #Joe

So the insurance company finnalt cut me a check third party claim. In in Tennessee should I go for finished value now or is it too late. I never signed any paperwork .
August 24th, 2011 at 2:21 pm #Jason

Joe,
I don’t know what you mean by finished value. Do you mean diminished value? If you do, that should all be part of the settlement of value for the car initially. I think Tennessee is one of a handful of states that recognize diminished value. Personally, I think the battle to gain that incremental amount is not worth the hassle.
August 24th, 2011 at 5:24 pm #Joe

Yes Dv. I was told and read on this forum to go after Dv after the payout of damages so the car can be properly evalulated regarding worth after the accident
August 25th, 2011 at 5:56 am #Jake

i owned an 05 honda civic ex special edition coupe with full coverage insurance and it was in good condition. i totaled it monday and i was wondering how much i will get out of the crash it was my fault but the blue book value is around 7,500?
August 25th, 2011 at 7:09 pm #Jason

Jake,
You would be around that amount but less your deductible. Insurance companies generally don’t use the blue book, NADA, or those type of periodic valuation guidelines but rather use CCC Information Services product called CCC Valuescope and it generally arrives at a very close value to the blue book anyway. Look this up in a google search to learn more about this service.
August 29th, 2011 at 4:08 pm #Jim Harrison

My car was extensively damaged but not totaled on a trip to MO. The other driver and his insurance were found to be liable. I live in NJ. The local repair shop estimates 2 to 3 weeks to complete the repair. I can’t wait for it. Should I expect the insurance company to ship the repaired car back to PA? If not, how is this typically handled?
August 29th, 2011 at 5:28 pm #Jason

Jim,
Those are great questions to ask the claim rep you are working with for his insurance company. They may allow you to do a rental car to drive back home and back to get the car. They may even allow you airfare. Let them figure it out for you. Come up with a couple proposals of your own and see if that makes sense to the claim adjuster.
August 29th, 2011 at 6:08 pm #Barry

Let us know how it turns out Jim!! Good luck!
August 31st, 2011 at 12:46 pm #Ullandra

Hi, my car was flooded by Hurricane Irene. When I first got the car, I wanted to have full coverage on it but the Insurance company wouldnt let me because of the age of my car. Now by it being flooded, the Insurance wont pay for it because I only had liability. Is there anyway I can get help with this?
August 31st, 2011 at 2:22 pm #Karlee O

Help!! I crashed my car and filed my claim with The Hartford. I chose my body shop recomended by a close wise friend of mine. The hartford sent an estimator to do the quote, i took my car in, pick it up and I hate it!!! The paint DOES NOT match not even close! I have an 08 Chrysler Sebring, with a blue-grey metallic exterior. I called hartford, they said they would send me the check and i can pay when i was satisfied. so i took my car to a different shop, showed them my original estimate and he saw right away that the estimate was wrong! my car needs “blend” time, or some kind of paint blend technique or else the paint will not match. they told me it would be an additrional $1000.00 +! So he arranged for the hartford to send someone to do another estimate, the estimator told me that his best advice for me is to take it back to the shop where they messed it up and have them fix it! because i didnt use one of their shops, the work is not guaranteed. ok, but how is he going to fix it without knowing how to “blend” and without the additional funds?!! I feel like The Hartford owes me a supplemental quote and that they should pay for the blend paint and labor!! what should i do?
September 1st, 2011 at 5:26 pm #Jason

Ullandra,
No, there is nothing you can do if you didn’t have physical damage coverage on your car. You are basically self-insuring the car without the physical damage coverage because the insurance company didn’t want to allow that coverage.
September 1st, 2011 at 5:31 pm #Jason

Karlee,
Take the car to the original shop and have them fix it. It doesn’t take time to learn to blend paint, it’s just part of doing it right. The original shop should be able to bill your insurance company for a supplement to get the car right for you. It doesn’t matter if the car is their preferred shop. You as the customer get to choose any repair facility you want and the insurance company’s obligation to you is to get your car fixed when it becomes damaged.
September 12th, 2011 at 3:44 pm #Tammy

I was recently t-boned on the driver side and was not my fault, later to find out the person who hit me doesn’t have insurance. They fixed the obvious, no problem. Once I got the truck back, the drivers side wheel was making a churning noise and every time I went over a bump, it sounded like the floor was going to fall out. Keep in mind when I was hit, the main impact was the driver side wheel and it needed a ball joint/bracket since the wheel was leaning inwards.

I took it back and was told by the mechanic it needed a wheel bearing and a strut. The insurance may not pay because of normal wear and tear. It wasn’t driving this way prior to the accident…can they not pay?
September 12th, 2011 at 4:04 pm #Karlee O

Jason –

I would take my car back to the original shop, but there was an issue even with that shop!

First of all, the man works alone and it looks like he may be nearing his ealry 70′s….. I’m not too sure he knows about blending and what not.

second, when The Hartford tried to pay him, his tax i.d. # was not coming up, and he never provided a valid one!

i emailed and called my adjuster and still got the same answer:

It is my responsibility to pay for anything the shop did not repair/fixed wrong. the work is not guaranteed like their preferred shops are.

Regardless of who i take my car to, shouldnt The Hartrford pay for the blend time, paint and supplies???? This is a procedure that is MANDATORY in order to match the paint on my car. And their estimator wrote the quote up for just normal painting. I am really at a loss at this point. I have my adjuster’s supervisor’s contact info so I am going to call her. He said that she will juast tell me the same thing he told me, so I’m assuming that they’ve already talked about my claim and she will just frustrate me even more, but worth a try……

And if nothing comes out of all this I WILL take my complaint to Action Line in our local newspaper here in San Jose and most likely pursue legal action against The Hartford.
September 12th, 2011 at 9:34 pm #Jose

I have a quick question, recently i bought a vehicle from Hgreg, it had a car fax saying no big accidents. A week later a small vehicle hits my car, its a small damage but enough that my bumper has to be replaced by their insurance company. Then they tell me this car has 3rd party parts. It has been in an accident. There was no mention of the excess of damage before i bought the car, anything i can do? second.. the vehicle is still being repaired and it comes out on thursday, because of the impact i believe the tires need to be realigned and balanced specially since it was a side impact is that something standard they will do at the shop or is that something i am going to have to ask and fight for them to do out of the insurance who hit me?
September 13th, 2011 at 6:41 pm #Charles

I live in California my truck was stolen. Its been 60+ days and I haven’t been paid. Is there a law of some sort that insurance companies must abide by regarding paying for stolen vehicles. Im making payments on a truck I no longer have. This is very frustrating. Thanks in advance.
September 13th, 2011 at 9:32 pm #Jason

Tammy,
That is correct. Try to get them to pay for most of it or as much of a percentage you can get them to pay for those parts.
September 13th, 2011 at 9:35 pm #Jason

Charles,
Hopefully you have rental coverage and you have a vehicle that the insurance company is paying for. If it’s been 60 days, get the insurance company to make a decision to pay for your vehicle. Ins. companies delay with stolen vehicles for the hopes that they turn up and if they will turn up, stolen vehicles are usually found within a short period of time.
September 13th, 2011 at 9:40 pm #Jason

Jose,
The buyer has to beware. These car faxes have some information in them but you shouldn’t rely on them like they are oxygen and water.

The shop won’t rotate and balance your tires unless you request them. Those are maintenance things and insurance won’t pay for that.
September 13th, 2011 at 9:48 pm #Jason

Karlee,
The shop should have gotten the paint close enough that there should have been little to no blending needed. If you take it somewhere else, then you will have to foot the bill. It’s your choice.
September 17th, 2011 at 8:12 am #William

Hello,
I purchased a certified pre-owned car with comprehensive insurance coverage a few weeks ago in NY. A few days later my car was hit in NYC on the driver’s side while legally parked on the street in an accident involving several vehicles….argh! This is the first time I’ve ever had significant collision damage to my car and I’m concerned about the claims process because I don’t believe I should have to pay a dime for repairs or rental while my car is being fixed. I reported the accident immediately to my insurance company and was told that once the police report is generated I would be able to identify the liable party and file through the liable party’s insurance. In this way I pay nothing. Got the report and apparently the damage was done to my vehicle by a car which swerved to avoid another car exiting a parked spot. The car that swerved overturned and slammed into my vehicle. It turns out that the car that overturned and damaged my car is also insured by my insurance company. The car that exited the parking spot has a different insurance company. The adjuster from my insurance company is telling me that they may contest liability for the damage to my car and so I have one of two options. 1. Wait for the the two insurance companies to settle on who is liable for what and then file through whichever is fully liable or both (in the case of shared liability). However I may not get the full value of the repairs because the car that hit mine has a cap of $25K for damage to all the cars, the cost of which is not known yet. or 2. File through my company’s collision coverage and pay the deductible of $500 and out of pocket rental then through subrogation attempt to recover the deductible and rental costs. I’ve scheduled an estimate with my company because I was told that its necessary. On the emailed appointment confirmation it says that in many circumstances the estimator gives you a check for the amount of estimated damage.
Which route should I take? Does anyone know how long it might take for insurance companies to settle on who is liable? If I take the estimator’s check which less than my dealership’s estimate, is there any route to recovering the difference? Is my adjuster bluffing about shared liability because its hard to believe a car on a local street with a speed limit of 30 swerves so violently that the car overturns and slams into another on the other side of the street. Any suggestions would be appreciated because this is the first time I’m going through this.
-William
September 17th, 2011 at 10:38 pm #Jason

William, settle the claim with your insurance company. Pay your $500 deductible and let the insurance companies sort the liability issues and behind-the-scene settlements and negotiations. If they are able to recover from the responsible party or parties, then they will return your deductible. If you have to get a rental car, either have your auto insurance pay for that or make sure the other insurance company’s are aware of your rental expenses.

Don’t worry about how much damage, how the accident happened, or the speed limit. Just concentrate on your car and getting it fixed. That is all you have to do because all that other information is irrelevant.

Oh, and the estimate written by the insurance company should be adequate for the repair at any body shop you choose. If not, then have the body shop work it out with your insurance company so the most you have to pay is your deductible.
September 19th, 2011 at 9:32 pm #Miranda

I am a co-owner of a vehicle that was totaled over 2 years ago. My ex-husband was driving the vehicle, rear ended and filed a claim with the other person’s insurance company. They (State Farm) apparently admitted fault and considered the vehicle a total loss. My ex still owed money on the vehicle and to top it off was in the middle of a bankruptcy proceeding. However, he dropped the ball and failed to follow through with the claim. Nothing was paid and the vehicle is still at a storage facility (2 and half years later). It is now past the statute of limitations to file a lawsuit against the insurance company. My problem with the whole situation is that now the storage facility has applied for an abandoned vehicle title and the DMV wants me to pay $500 (went up from $50 in March!) for the abandoned vehicle. I never had any knowledge of the status of the claim and State Farm never attempted to notify me of the situation. Do I have any recourse in this matter? Can an insurance company simply “close” a claim right after the SOL runs out even though a claim was filed because they know they can’t be sued? There were so many other interested parties in this case like myself, the finance company with a lien on the title, and the bankruptcy trustee yet because my ex didn’t provide documents they needed they failed to pay the claim. Any information would be greatly appreciated.
September 19th, 2011 at 9:58 pm #Jason

Miranda,
Yes, it’s all over as far as the insurance company is concerned because the statute of limitations has tolled. Insurance companies pay claims because they are legally required to. If they are supposed to pay and they don’t, they penalties imposed by the courts ensure that they pay when and what they are supposed to. It’s a good check and balance. However, since the statutes have run, there is nothing the insurance company will do about the claim now that it’s that old. Don’t count on them to help you out of this situation.

What kind of recourse do you think you might have and from who? I see absolutely none. If you wanna ask your ex to pay for it that is the only thing I see as a possibility but his life is probably in shambles and I would not bank on it that he’s going to help in any way.
September 21st, 2011 at 4:34 am #Jose

My vehicle was recently in a car accident, i took it to a body shop for which the other party at fault was going to pay for my fix. Since i step into the door i informed the bodyshop i wanted all parts that came out of my vehicle. I called the insurance company and they told me thats an unsualy request but that i was within my rights to do so. I also asked what would happen if they failed to return me the parts, they said we will have to wait to cross that bridge. After 2 weeks of constant reminders to the shop that i was going to pick up all my parts at the time i pick up my truck, they failed to give me back my transmission coolent. I called the insurance company that paid for my repairs and they said their sorry but they can’t do nothign about it, and the repair shop is saying it was a broken piece why would i care if i had a new piece installed. A simple request of please hold all my parts, i even visited the shop and the guy told me they were holding them turned into a why do i care and then a i thought you meant all the parts but that one.
what can i do? i understand it was a dented piece but still functional, not a broken one which means not functional.
September 21st, 2011 at 8:21 pm #Jason

Jose,
That is an issue you have with the body shop. The insurance company has no control over what the body shop does or doesn’t do with your request. Unfortunately since the part has likely been discarded, there is really nothing to do. You’ll just have to realize the part is gone. Whether the part is dented, completely junk or otherwise, the body shop should honor your request to receive all the parts back. You can take up your issues with the body shop owner but he probably won’t be able to help you out since the part is gone. The at least should provide you with an apology since you made it clear you wanted all the parts. If you were going to sell it on e-bay or craig’s list, you can ask the body shop to pay you for the part’s used resale value but then again, they probably won’t do anything for you.
September 24th, 2011 at 12:53 am #nayak

i sent my x5 to be repaired at the auto shop due to oil leak, the car has been in the shop for one month, yesterday i received a call from the machanic telling me the car will not start, i want to know if i can start a claim on this car , am insured with GEICO.please help me solve this issue.

thanks
nayak
September 25th, 2011 at 6:31 pm #Jason

Nayak,
Unless you hit something that caused the oil leak, it would not be something the insurance would consider covering. If the leak was caused by vandalism, perhaps – but a maintenance oil leak is not something that insurance covers.

Take this to a qualified repair shop because 1 month in the repair shop is a little over 3 1/2 weeks too long to fix an oil leak.
September 28th, 2011 at 9:12 am #Mike

Hi,

my car was hit on the passenger side door at 10:30 pm while it was parked inside a parking lot, when the police was called, they said that they will not come to make out a report since there are no injuries. So, I exchange insurance information with the party at fault. I then made a claim with my insurance carrier the next morning. After investigating, it was clear that I was not at fault and my insurance carrier was not liable for the damages. Since I had “liability with uninsured motorist only”, my insurance will not pay for my damages and won’t help me with my claim to the other party’s insurance.

I contacted the other party’s insurance to file a claim(isn’t my insurance suppose to do this)? Anyhow, 2 months had gone by and the at-fault party’s insurance contacted us stating that they are denying the claim for any damages because they had not been able to contact their insured person and their were no witnesses or police report to back up our claim.

My question is…Where do we go from here? How do I go about recovering the damages to my vehicle? Obviously, the other person is trying to avoid this. We’ve never dealt with anything like this before and don’t know what to do. Please help!
September 28th, 2011 at 2:18 pm #William

[reposted here from earlier entry where I mistakenly put it under Our Mission tread] Hi, I have a warranty policy with a insurance provider for my Buick Century Custom which was supposed to provide coverage for repairs subject to a deductible of $100; the policy also covers the cost of rental car for up to 5 days for any repair covered under the warranty. There has been a need to replace the motor and the car was sent to authorised workshop. The provider took 5 days to agree to send the inspector, and the provider’s inspector took more than 2 days to visit the workshop to examine the car before sending in his report. Then the provider took another 4-5 days before agreeing to cover the repair, and the shipment of the replacement motor took more than 11 days. The whole duration lasted almost 1 month (about 28 days), but now the provider says it will only provide rental car cost for up to 15 days (including the 5 days under my policy). I feel the delay is wholly due to the provider’s delay in getting to the repair, and so I should get my rental car costs covered for the entire 28 days. What recourse do I have? Appreciate your quick comments as I will be billed soon. Thanks!
September 28th, 2011 at 9:07 pm #Jason

William,
What recourse do you think you have? The policy provides for rental coverage for 5 days. They are providing you with rental car for 10 more days than your policy covers. If you can figure out who should provide for the rental car coverage from day 16 to day 28, let us know who it should be. The contract is for 5 days and if you need a car, then you need to get a rental or find some other transportation. Does the contract say the rental coverage is for more than 5 days under certain circumstances?
September 28th, 2011 at 9:11 pm #Jason

Mike,
Your liability insurance protects you from claims of money that others think you owe them for damaging their property or injuring them. You don’t have physical damage coverage so why would the insurance supposed to make a claim for you? They have nothing to do with damage to your car. It is your car and only you have responsibility for it.

Now, as far as the other incident with the other driver hitting your car, you probably will have to sue him in order for his insurance company to substitute in and defend against your claim or pay you off. That’s the problem when insurance company’s can say that there is no witness, no police report, and no record other than your claim – that leaves you with nothing but word against word.
September 29th, 2011 at 7:34 am #Todd

My <6-month-old vehicle was parked in my employer's parking lot this week. A construction vehicle in a nearby construction staging area sprung a leak in its hydraulic system and sprayed hydraulic oil all over my car and 2 others. The responsible party did nothing to clean it up or notify anyone that the incident had occurred. My vehicle now has stains in all of the plastic pieces. I got in touch with the company responsible for the construction, and they said they'll pay for the damages.

I'm just wondering if I should involve my insurance (I'd rather not) and what is the procedure for dealing with their insurance? Will they send a claims adjuster? Will they accept the estimate I obtain? Who gets the check…me, the body shop, or the lienholder? I do want some of it repaired, but I think I can do it myself for much less than the body shop will charge.

Thanks!

Sorry I think I posted this earlier in the wrong section!
September 29th, 2011 at 6:08 pm #Jason

Todd,
If you use your insurance, they will handle all the leg-work for you. They will send you a check that is a adjusted for your deductible. Then, they will ask the construction company’s insurance to reimburse them and also collect for your deductible. When they get your deductible, they will forward it to you.

Basically, filing a claim with the other party’s insurance is the same as filing it with your own insurance company. First, you have to make a claim with them and then provide them the information they need.

Why don’t you want to involve your insurance company? They involve you every time your premium is due. Why not involve them when you need some of the assistance you’ve paid for?

A claim with the at fault party will usually result in a check written out to you.
October 5th, 2011 at 4:48 pm #admin

Dear website visitors,

Most of our questions and answers for October 3rd and 4th were lost as a result of a malware attack on our website. In addition, some of our pages were “redirected” to malware websites. We have now incorporated stronger security measures.

While we have no proof as to the original source of the hackers, suffice to say that this website had never experienced hacking problems until shortly after we posted the page “BOYCOTT FARMERS INSURANCE?” which exposed criminal acts by Farmer’s CEO and their Los Angeles based attorney Richard O Knapp.
October 6th, 2011 at 7:16 pm #Robert Nixon

If I have liability insurance ONLY with “company A” and they total my car due to the extent of damages, will I get a settlement from them? (neither I or nor the other person involved in the accident that rendered my vehicle
totaled were cited)?
October 6th, 2011 at 7:56 pm #Kari

Robert- yes the at fault parties insurance company will pay out under property damage coverage for the damages to your vehicle.
October 6th, 2011 at 8:34 pm #Jason

Robert,
Your insurance company won’t pay you anything because liability protects you from claims against others but doesn’t protect your vehicle in the event it is damaged.

Now Kari,
I don’t believe you have enough information to make the statement you made. How do you know the responsibility party has liability insurance? Also, Robert indicates the “person that rendered his vehicle totaled”. Nothing in his post gives any indication who is at fault. We don’t know who was even driving Robert’s car. (Perhaps it was the person that rendered his vehicle totaled) We don’t know anything. This isn’t a perfect world and it would be great if everybody had insurance and the responsible person or company paid for the damage but that doesn’t always happen.
October 9th, 2011 at 10:56 pm #Vic Mundell

In the state of Texas do I have to be a licensed bodyshop in order to supliment a auto insurance co. for the damages on my brothers car. I am a professional bodyman at a bodyshop but I am doing my brothers car on the side at my home?
October 10th, 2011 at 8:43 pm #Jason

Vic,
I am not able to address your question because I don’t understand what you are asking. Could you use different words to ask the same question? Thanks.
October 11th, 2011 at 8:48 am #Randy Graham

My vehicle was hit in the parking deck where I work. The lady who hit me insurance company is paying for everything. My question is because this is considered property damage and they have decided to total the car out, will they pay off my loan although the car is under water?
October 11th, 2011 at 10:39 am #Jason

Randy,
Your loan has nothing to do with the damage to your car. If the damage done to your car causes it to be totaled, then they will pay you the fair replacement amount of a car just like it. And in order to do that, they will not need to know anything about your finances, your loan, or even where you bank.
October 12th, 2011 at 8:22 am #Mike

Jason,

thanks for clearing that up. I am in the process of filing a small claim, and hoping to get my car fixed. I have moved on to getting complete coverage with AAA, as the Ins. company that I was with did not provide full coverage.

Since AAA said that they will cover my vehicle regardless of anyone driving it, then what is the point of paying more by adding a driver to my policy?
October 13th, 2011 at 5:51 pm #Matthew

I recently had hail damage on one of my vehicles, an adjuster came out and took some pictures of the damage on the cars and then went on about his way. Some time later we received settlement checks in the mail along with a copy of there estimates. It was obvious that the check they issued on my vehicle was incredibly low compared to what it would cost to fix the vehicle.
I took the vehicle to a body shop to have an estimate done and as i suspected i would need an additional 1,200 dollars to have my car fixed to its condition before the hail damage happened. The body shop spoke with the insurance company and the insurance company sent them a supplemental check for the 1,200. (The car is bought and paid for, I have the title). If i choose not to get the dents fixed what happens to this money that the body shop now has in there possession?
October 13th, 2011 at 6:26 pm #Jason

Matthew,
Now that you have established the damage to your vehicle, you should be entitled to be paid the entire amount for your hail damage whether your\ repair the vehicle or not.

Probably if you don’t get it repaired with the body shop that has the supplement check, they likely will send that check back to the insurance company.

I don’t know what you can do to get the total amount sent to you. Perhaps you can call the insurance company and ask that they send you the full amount of the damage so you will be fully compensated for your damage.
October 14th, 2011 at 10:02 am #Karie

I have a hadicapped accessible van and so did the person that hit me. The wreck was minor and his fault, but my van needs reaired non the less. He was unable to provide the officer with proof of insurance, but said “I have really good insurance”. So good that when I called his insurance provider they have never heard of him and the address he provided is no good. My insurance only wants to pay $30.00 a day for an accessible van. I think they should pay the full amount. My van is going to be in the shop for a whole week. I am in a wheelchair, but I work full time and need my van. Legally can the insurance only offer pay $30.00 a day? I feel descrimated against. I wish it was just a simple as going to the rental car place and picking up car. If I could I would. Thank God this is not the early 1900′s I would probably be institutionalized for being in a wheelchair.
October 14th, 2011 at 6:59 pm #Jason

Karie,
I can assure you that this is not discrimination. If $30 day is the allowance in the policy, that is the allowance in the policy.

They can offer $30 a day and you have 2 options. You can accept that $30 a day or you can decline it.
October 17th, 2011 at 8:10 am #Praveen

HI,

I bought a brand new chevy camaro last march financed by bank.
I assumed my car to have full collision. I had my first accident dis may and they told me I have limited collision on it. They gave me a quote to change mine infor future but I told that I assumed to have a full collision so I don not want to change and I want to dispute. They paid my bill but did not send me any kind of letter, e-mail or phone to explain. I assumed that I have a full collison and they paid off for me.

This month I had another accident and they replied me back saying that I have limited collision and they wont cover as they already informed me and I did not change my coverage to full collision. They sent a letter of denial.
I asked if they could have sent me a notification that my previous claim as a waiver and I policy still has limited I would have changed.
But they did not reply back, As per my dispute I thought I had full collision.
Even the document they gave me reads like this:

Part7: collision Part8: limited collision Part9: part7 and part 8(deductible)
YES YES $500

So I assumed it to be full collison.

My bill is 6300$. The workshop guys have started working on the car as the insurance appraiser checked it initially and asked to continue the work.

Can I dispute claim denial. This is total mis-communication from thier side and should I end up as the loser.
October 17th, 2011 at 8:58 am #Stacy

Hi,
I live in Michigan, was sitting at a traffic light where when south and north bound lanes have a solid green light the left turn signal is flashing yellow light. I was stopped behind a car, light still flashing yellow I looked and saw no cars coming south on the road, I proceeded to turn left after the car in front of me turned. However, after turning saw a red car coming, too late to do anything. Red car hit my car, but only dented my rear bumper, no major damage. As for his car, it dented in the passenger front quarter panel and his turn signal popped out, but he could put it back in, just wouldn’t stay in but worked, his passenger door wouldn’t open, but didn’t look too bad. I took pictures and he said that he probably wouldn’t file a claim. I was issued the ticket for failure to yield while makes a turn causing an accident. I went to court and the officer was a no show so the judge dismissed the case. The police report was written where I turned on a blinking red light and never stopped. The report I felt was issued incorrectly, as officer went off of the witness only and the person in the red car, never heard my side. Although to me it should have been safe to go and I’m still wondering how it even happened anyway. But since it was dismissed I couldn’t change the report. But now the other car’s insurance company is sending me a note to call them regarding “my claim” so apparently he did file a claim. The note just says to call them that they tried to contact me, but they never did try to call me, I’m home most all the time, if I’m not some one is and everyone says they didn’t call. I went to my insurance company and they questioned why I didn’t file a claim with them, but I said he wasn’t going too and my damage wasn’t bad and both cars were drivable, so didn’t think I needed too. This was my first time being in an accident and I’m 35 yrs old. So what do I do? My agent called the person but she is going on vacation until next week and I don’t know if I should call his insurance company or just hold off until my agent returns next week. I’m scared and confused as to what I’m suppose to do. I’m also out of work and surely are asking me for money…help….What if his deductiable is more than $500, which mine is???
October 17th, 2011 at 5:32 pm #Boris

Hello My husband just had an accident, the other part said that they don’t have insurance, our car was with a full cover without uninsured motorist coverage, so now we don’t know if we can have some money from the other part because they refuse to pay medical cost, my husband it’s okay but he have some pain on his back, and the other part told me if I want to take them to the court it’s nothing like I can do , because the guy on the accident it’s a 18 years old that took his mother car and he had the accident, for some reason they said they have insurance after two days they say they don’t, it is some way I can check if they have insurance.
I don’t now what it’s the best to do, to let my car with the place that the toll truck took my car or send to the dealer, and if I have to pay just the deductable or I have to pay something else, and if my insurance rate are going to increase after this accident even do if wasn’t my husband fault but my insurance it’s going to pay for the repair.
Thank you and sorry for my grammar I’m not american, so my english is no so good.
October 17th, 2011 at 10:38 pm #Jason

Praveen,
Yes, dispute you denial. Other than that, I don’t know what you are asking about. Please review your post and submit it so it makes sense.
October 17th, 2011 at 10:41 pm #Jason

Stacy,
You had an accident in which you were at fault. The ticket and fine is separate from the fact that you are at fault for the accident.

I don’t know why you are even concerned about his deductible. What does that have to do with anything because when your liability insurance pays him for his damage, your insurance pays from the very first dollar.
October 17th, 2011 at 10:44 pm #Jason

Boris,
Talk to your agent and ask these questions to your agent.
October 18th, 2011 at 10:42 am #kerena

Last week, 10/10 4:43pm, I was stopped at a stoplight (was on way home from Dr appnt with my 12 year old in the car) and the truck in front of me backed up and punched a whole in my bumper with her tow-thingy, and now every time I turn water pours into my car (AC?) onto the accelerator, onto my feet and carpet, and now the car smells mildewy. I called my insurance, Farmers on that day or the next and was advised to call her insurance, Geico. I called her insurance and told them what happened, they didn’t call me back. I took my prius into the shop this morning for repair and followed up with her insurance. They say they are unable to get a hold of the person who hit me for her statement and therefore cannot establish liability. Will you please let me know what to expect now? I hope the car is available for pick up tomorrow. I’m assuming I need to pay for the repair (under my deductible of 1K). What happens if their customer doesn’t call them back?
October 18th, 2011 at 8:42 pm #Jason

kerena,
Yes, you have to pay for any repairs you request for your vehicle. If their customer doesn’t call them, they may make a determination of fault with the information they have. Usually, they will attempt to reach their customer for around 30 days before they give up on their attempts.
October 20th, 2011 at 2:52 pm #Janson

ok i’ll make a long story short. i got into a minor fender bender that required me to file a claim with my insurance company. when it came time to pick an auto body shop my friend referred my to a shop he was working at at the time. he told me he gets paid by commission on the number of cars he brings in. i figured why not help a friend out right? biggest mistake i ever made. so the total dollar amount for the damages my insurance gave me was $4500.

for some reason the shop owner said i needed to put down some money before he could start repairs on the car. so i gave him $3200. after i had paid him it took them forever to fix my car. i dropped off my car the weekend before 4th of july. its will be 4 months come nov 4th. so within these last 4 months i friend quit working at the shop because at it turns out the shop owner is a slime bag. he couldn’t even afford to pay my friend that worked there. after the second month i started getting on the owner’s case about how long it is taking to finish my car. it was getting to the point where i was about to call the board on him. however the problem now is that because i chose a body shop that is not a preferred shop with my insurance there is nothing they can do for me. i asked my agent and they said i shouldn’t have paid anything before any work was done which was already too late. i was getting fed up with having to go to the shop everyday to check their progress. so due to my disgust with the shops slow progress the shop owner told me he would knock off $500 from the $4500 for having to wait so long.

so today the shop owner finally calls me and tells me that my car will be ready and to have the balance ready. my question is am i required to pay the shop owner anything because i don’t want to pay him a dime. the damages on my car weren’t even serious it was a bent axle and replace a fender. so while i was waiting for my car i called my insurance and asked them if there was anything they could do the speed up the process they said because they are not a preferred body shop there is nothing they could do for me. i told them about the situation and they told me that this matter is now between me and body body shop. so if i wanted to get my money back and go to another shop that is between us. so what i want to know is am i required to pay the shop owner the remaining balance because i don’t want to pay him a dime. secondly about the $500 discount i did not get that in writing so would a verbal agreement hold up in court? lastly do i have a case against this shop owner for his shady business practices?? please let me know. thanks
October 20th, 2011 at 5:38 pm #Jason

Janson,
If you hired the body shop to repair your car for a certain sum of money and they did that, then you owe them the money you agreed upon.

It is unlikely you agreed on the duration of time it would take so part of that blame may fall onto you.

If the shop owner is going to knock off $500, that seems to be the best you are going to do. At least he is taking into account the long time you’ve had to wait for the vehicle to be repaired.

You have not mentioned any shady business practices so I won’t provide an answer to that question. This website is about insurance, not how people run their business.
October 21st, 2011 at 8:32 am #Janson

thanks jason. well this guy has shady business practices because a lot of people i have met at his shop are on the same boat as me. this guy takes in more jobs then he can handle and takes forever to finish them. not to mention the fact that he won’t even pay his workers what he owes them. this guy blows the money the customers give them for the job to complete previous jobs which he already blew the money for. and we did have a verbal agreement that the car shouldn’t take more then a month to finish when i first dropped off the car. i have a witness that can verifty that. its almost been 4 months now.

as it turns out one of the days i went to check on my car i ran into an old friend of mine. he was shocked to see me at the shop. he asked the the hell are you doing here, don’t tell me they have your car!? i told him they did, and he told me his story. basically my friend brought his car to this shop to have some work done. just like my case the owner asked for payment before the job started. my friend gave him a $1000. after paying the owner the money they never did any work on the car. my friend told me the car sat there for about a year, until he was fed up and could not take it anymore. so one night my friend had to go to the shop in the middle of the night to steal his own car back because it has just been sitting there being neglected with no signs of any progress being made. so he basically stole $1000 from my friend after i found out what had happened i was furious. so here is the scenario as of right now. i owe my friend that i ran into at the shop about $800 for a business loan he lent me a few months back. after he found out that my car was getting serviced at the same shop, he asked me if i had paid in advance i told him yes, which is something i shouldn’t have done. so after i found out my friend got ripped off from this same guy i was furious! so my friend asked me if i could pay him back the $800 i owe him with the remaining balance of the check i received from my insurance company and so that is what i did. my question is if this matter goes to civil or small claims court would i be required to pay the shop owner even though he owes my friend money? because i would much rather help my friend get his money back the pay this shop owner anything. i found out about this shops shady reputation and business practices after i had already given my car to them. in fact there are several forms online that other victims started that show the unprofessional work this shop does and in one instance the owner of the car had to pay $4000 to fix the damages this shop had done to his car.

secondly what if he goes back on his word about the $500 discount will i be held liable to pay the addition $500 and i have a witness that heard and can confirm our verbal agreement.
October 21st, 2011 at 9:16 am #Jason

Janson,
Your situation involving this body shop is completely separate from the situation involving your friend and this body shop. Since they are completely separate, yes, the repair facility could take you to court. Not likely, but he could.

If he wants to go back on his word, he can. The best you can do is hope that he doesn’t.

Now again, I find nothing shady in what this business person does. Shady infers that what he is doing is under the table or may be construed as illegal. He may be guilty of running an unorganized and unprofessional business but that doesn’t make this business shady.
October 21st, 2011 at 12:44 pm #Emma

I have a client that has only just reported the claim to me, accident was 10/1/2010 (so a year old,) client instructed her own attorney via her UM policy as they could not locate an insurance policy for the third party a year on and client has now located a third party policy and wants to recover hire charges, deductible, vehicle rental etc, her Attorney closed the file 2 months ago and will not reopen it to recover extra expenses, I am able to recover the losses on our clients behalf via the third party carrier considering an Attorney was involved in this claim originally? Is there some law against this?
October 22nd, 2011 at 8:23 am #Jason

Emma,
I wasn’t even going to address your post. You seem to be an attorney or a person who works with an attorney. Are you seriously asking a legal question on here? Perhaps you want to do a little research in your field.
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October 24th, 2011 at 11:21 am #Justice

I had a car accident last November(11/2010) in Bellevue local road. It was snowing. I drove on the middle lane. The car, KIA, on the left lane hit my left front. her right front was damaged, the Honda behind the KIA was damaged too.
police came and no report filed due to the weather. We exchanged insurance information. Reported to Geico and gave them all three car insurance information..

11/30/2010, Geico called informed the claim not yet been transferred is going to follow up on it.

12/1/2010. Debbie at Geico called and informed me that the Honda case was dropped as the driver statement did not match the others.
Yesterday , 10/23/2011, a different person named Bret called me from Geico and notify me that my case is settled. It was my fault for both cars, the KIA and Honda.

12/2010 Geico called to say it was my fault for the KIA. I disagreed and dispute. Geico said they will get back to me.

Called back Geico. says due to my statement, It was my fault. I was dispute again. never heard from Geico for follow up .

10/23/2011, Bret at Geico called to notify me that the case was my fault and I am responsible for both KIA and Honda. Of couse I disagree.
I told Bret that I have not heard from Geico since my dispute and how can the decision was made without any contact with me. Bret apologized for the delay and not follow up, he said because the previous person, Rebecca, who handled my case was promoted and he tried to catch up all the cases that he gets from her. Bret told me at this stage, there is nothing I can do to override it. After my insist, he said he will discuss with his supervisor.

Any suggestions on this? Thanks.
October 24th, 2011 at 2:43 pm #Mike

My wife was in an accident on 9/27/11 while driving alone. She unsuccessfully tried to avoid a school of deer. She cranked the wheel and her drivers side struck the deer, then she slid into the ditch and tipped the van onto it’s drivers side (at about 50 mph). After the accident, she attempted to dial 911, but her phone was dead. Since this was in the middle of the country at night, she decided to walk for help. 2 hours later, someone picked her up and gave her a ride home. She wasn’t hurt, but she was freaked out, so she took a seditive (prescribed to her) when she got home and went to sleep. She did her best to tell me what happened before she fell asleep, but I didn’t get all the details.
I decided we needed to start the claims process right away, so I called my insurance company (remember, I was NOT in the van at the time of the accident). When I called them, I told them she attempted to avoid the deer and went in the ditch. When asked if she hit a deer or not, I said “I don’t know, I wasn’t there and my wife is asleep”. I also filed a police report for her saying the same thing.
My insurance company told me it would be a collision claim since a deer was not hit. I told them a deer was hit, but I told the story wrong when I initially reported it. They called her and asked her side of the story. After talking with her, they decided to change it to a comprehensive claim.
On 10/3/11, our claim was settled (total loss) and we were given a check for the damages. We went out and bought a new van 2 days later.
On 10/18/11, my insurance company called me to tell me they decided it should be a collision claim instead of a comprehensive claim.

I am fighting this for 2 reasons…
1. She hit a deer, so it should be comprehensive (even the guy who assessed the damage for my insurance company said she may or may not have hit a deer, but he said it was hard to tell since the van slid through a ditch at 50 mph after the collision with the deer).
2. I don’t want a chargable claim on her record since that will raise my rates.

My question is this…can they change this from comprehensive back to collision after the claim has been settled?
October 24th, 2011 at 3:01 pm #Shawna

The previous owner of my car did not tell me that it had several problems with all the engine cooling parts while they owned it and now all the problems are resurfacing on me but worse. To get my car fixed could cost me around $5000 if not more depending on any other issues found, my pontiac is only worth about $6000 now. Is there anyway to total my car with full coverage even though I have not been in an accident? I just can’t justify spending 80+% of what my car is worth.
October 24th, 2011 at 7:03 pm #Jason

Justice,
This is a mess. There is not much you can do to change the course this is taking. Hopefully, you have physical damage coverage. If you do, file this with your own company and let them sort his out with the other companies.

As far as who is at fault in this accident, I have no idea – and if I did, that would not change the information I am providing to you.
October 24th, 2011 at 7:14 pm #Jason

Mike,
I can guarantee you that if your wife hit a deer that would be evidence of that regardless if the van rolled 100 times and then struck 10 different trees. Absent that indication of hitting a deer, this should rightfully be classified as a collision claim. And that is likely why it was changed.

It’s not the end of the word. Can this be changed from a collision to a comprehensive incident? Yes, it can be but since it was already changed, the odds of that happening are minimal.

Also, Mike, you assert she hit a deer. You were not there and you do not know that. The longer this stays at a collision, the more difficult it will be to change it. I’m saying this because time is not on your side.
October 24th, 2011 at 7:18 pm #Jason

Shawna,
No, insurance does not address those kind of things. Only damage caused by accidents, hail, fire, or flooding, etc.
October 25th, 2011 at 3:24 pm #Ramya

Hi,
I saw these posts while i was searching for car accident related laws. Kindly help me.
My husband and myself met with an accident on Oct 1st ,2011 while driving to duluth from minneapolis in our honda accord ex 2005. It was because of flat tire and we were on the correct speed(GPS showed 72/70). Unable to manage the car my husband tried to move into shoulder besides which there were some farms and a farming machine, and hit to the machine ( empty machine with no people in it)parked there. Our car got totaled and now we got a letter and a call telling to attend court on monday(Oct 31st). I am very much worried. would there be any fine or imprisonments? Please reply me Should we take help of any attorneys? Will our insurance (GEICO) cover if we are judged with any fine?
October 25th, 2011 at 3:36 pm #Jason

Ramya,
If you have been served notice to appear in court and is someone suing you, you need to contact your insurance company immediately and inform them of this. Then ask any questions you may have of them.

However, the basis for the court appearance may be for inattentive driving or a similar infraction that relates to the accident. Generally things of this nature are for a monetary penalty and do not include jail times with them.

Your insurance company will not pay your fine.

From the information you provided, you shouldn’t need an attorney.
October 26th, 2011 at 12:19 pm #Deb

My son was involved in an auto accident. Police were called, and the officer failed to take statements from the two witnesses in my sons’ car, listed the vehicle type wrong for my sons’ car, listed the vehicle color wrong (white vs. black) for the other parties car, and issued my son a ticket that placed fault on my son. We are fighting the ticket in court. Claims were filed against our insurance by the other party and against the other party by us. Other parties insurance denied our claim stating accident was not their insured’s fault. Our insurance, despite our objection, intends to pay the claim to the other party. The damage pattern on the vehicles and logic lend credence to my sons’ version of events. (ie. what is more logical – the other driver merged into my son when my sons’ small vehicle was in his blind spot or my son decided to take on a larger vehicle in clear sight by merging into the truck with his small car?) Can my insurance company pay the claim without regard to my dispute? How do we recover damages on our claim, do I have to hire my own attorney?
October 26th, 2011 at 1:02 pm #Jason

Deb,
Yes, your insurance company can pay the claim no matter what. They could even pay it if they and everybody agreed that the other party was 100% at fault. The decision about what they do it out of your hands.

If your insurance company and the other insurance company both agree that it was your sons fault, you can collect your damages from your insurance company if you have collision coverage. Other than that, you cannot recover.

If you want to hire an attorney, that is great. What will happen in that circumstance is the attorney will be paid by you, and nothing will change.

The limited control you have is for the ticket. Either pay the fine, dispute the fine and have it reduced or dismissed. Then move on with life.
October 26th, 2011 at 5:05 pm #Kristi

My brother was in an accident a few months back, he was driving someone elses vehicle, swerved to miss a deer hit the gravel on the edge of the road and rolled the vehicle. Him and the passenger were severely injured and have over $100,000 in medical bills. My big question is the person’s vehicle he was driving, her insurance company is trying to sue my brother and make his insurance pay. And than they keep threatening him and telling him and my parents that their insurance would be next in line. He does live at home (he moved back as he lost his job and house) He’s 30 and isn’t on their insurance policy. IS this legal? And 2nd is the air bags never deployed in the vehicle, and the car dealership she bought the car from paid off her car, in full. Without a request to do so, it seems rather fishy to me that they would do that. Makes me feel as though they knew that the airbags were never replaced (they were missing) I guess my parents keep asking me as they are concerned about losing their home, etc. My dad is retired and my mom only works part time.. Any help would be great. Thank you!
October 26th, 2011 at 6:27 pm #Jason

Kristi,
Your folks didn’t do anything that contributed to the cause of the accident. They are off the hook. Their insurance may be there for the benefit of your son if he is a resident relative.

His insurance would be next in line after the insurance of the vehicle he as driving is consumed.

This is a rather complicated issue and I will only address the negligence and liability. Your brother is negligent to the injuries of his passenger and because of that he is also liable for that cost including pain and suffering.

The primary insurance is belongs to the vehicle doing damage. The vehicle that rolled caused injury to the driver and passenger.

Next, the responsible controlling person (driver of the car) would be next in line for insurance. That is if he has a policy. If the damages (injuries) are more than the insurance connected to the automobile and the insurance connected to your brother, then it would look for other insurance and that would be insurance in the household in which your brother lived. The insurance in the household is there to protect the household members and your brother seems to fit that category.

Now, what if the damages and injuries were more than the available insurance? Well, that is where is ends, or they could sue your brother for anything over and above.

As far as the dealership paying and the airbag issue, I will refrain from addressing that point.
October 28th, 2011 at 12:22 pm #Velma

My daughter was in an accident in NC. She had stopped with her signal on waiting to make a left turn. Once an oncoming car passed she began to turn and a car behind her passed on her LEFT side as she attempted the Left turn and she hit his rear bumper. Unknown to us our insurance had lapsed. He now claims that she was at fault and is trying to make us pay for his damages. Are we really liable or is this a draw situation? No ticket was issued at the time to either driver and our insurance company offers no advice what so ever though we are now current. Do we have a leg to stand? By the way our car sustained $2,000.00 in damages but his only about 500.00. (So he says for now.)
October 28th, 2011 at 5:07 pm #Jason

Velma,
We don’t know enough information about the accident to determine who is at fault, or who has more fault, for the accident.

Can the other driver ask you to pay? Yes, technically he can. However, if you don’t want to pay, he would have to sue you and prove that your daughter was more at fault than him.

If you weren’t insured at the time, your insurance company has nothing to do with this accident.
October 28th, 2011 at 5:49 pm #Jennifer

I was hit in a parking lot- the other party was found at fault- she has insurance with Geico, however on another car- not the one she was driving so my UM kicked in. Why wouldn’t Geico pay if she had an in force policy at the time? I understand insurance follows the car not the driver per say, but if the car wasn’t insured, would HER insurance then follow, then mine? Thanks.
October 28th, 2011 at 5:53 pm #Jason

Jennifer,
It is following the car. It follows her car, then your car comes next. She isn’t insured for this accident. The UM that your policy pays can seek recovery from this woman for reimbursement. That’s just the way it goes.
October 28th, 2011 at 5:58 pm #Jennifer

That’s what I thought- I highly doubt my company will look for reimbursement, but that’s up to them. So long as they take care of me, I’m fine with it.
October 29th, 2011 at 1:48 pm #Brian

In theory if i was to purchase a car and get insurance policies from 2 separate companies and continually pay for both companies and then ended up totaling the car would i be paid in full by both companies? I was just curious as i couldnt seem to find the answer anywhere online thanks
October 29th, 2011 at 2:46 pm #Jason

Brian,
Technically, that could happen but there is a part of your policy that indicates if you have other insurance for that vehicle, then one policy would not pay for the loss.

Somehow if this fell between the cracks it could happen.
November 2nd, 2011 at 2:24 pm #Lester Wollman

I was involved in a low-speed accident in California that damaged my car, rendering it undriveable, but did not cause any injuries. I had just dropped collision coverage because my car was old. After the accident, my insurance company, Allstate, took both of our statements and sent a technician to photograph our cars and examine the site of the accident, and determined a couple of days later that the accident was 100% the fault of the other party, but since I no longer had collision coverage, they were naturally not going to pay anything to me. The other party’s insurance company, Farmers, only took our statements without sending anyone over and determined within an hour that the accident was 100% my fault. Allstate recommended that I try to recover damages in small claims court.

I have some questions of strategy. First, I assume that I sue the owner of the other vehicle, not Farmers, correct? Second, would it be beneficial for me to first send photographs and other evidence to Farmers in an effort to get them to change their minds? Can that be later used against me in court or would it look better for me in court if I first try to negotiate with the other insurance company? Third, should I file a complaint with the California Board of Insurance with the complaint that Farmers came to a hasty conclusion without looking at evidence? Fourth, can I try to fix or sell the car before the court date (which could be many months from now), or will that be considered as tampering with evidence and hurt my case in court? If I can’t touch the car, I have to leave it in my driveway and keep paying insurance on it.
November 2nd, 2011 at 3:18 pm #Jason

Lester,
Your assumption is correct about who you sue. The insurance company will then substitute itself in place of the other guy and you will then be up against at least 1 attorney who represents Farmers.

You can choose your strategy about how you want to approach this whether it is negotiating first or not doing anything until court.

You can file a complaint with any organization you want. I don’t know how much it will help you.

You can do anything you want with your car. You can fix it, sell it, or whatever. It won’t be considered tampering with evidence. Just take photos that you can use in court before you do anything with the car. Farmers apparently has waived their opportunity to look at the car because they did not look at it.
November 2nd, 2011 at 4:57 pm #Lester Wollman

Jason,

Thanks for the information. It answers my questions, except for one point. You said that Farmers will have an attorney represent them. I thought attorneys are not allowed in small claims court. How will it work out if it is me against one or more attorneys?
November 2nd, 2011 at 5:47 pm #Jason

Lester,
Attorney’s are not barred from small claims. It’s just that non-attorney’s people can access these courts more readily because it is a little less formal.

I don’t understand your question. I cannot predict the outcome of a case. I just know that the attorney will have a law degree, know the law, and will be in his comfort zone.
November 2nd, 2011 at 5:54 pm #Lester Wollman

Jason,

My question is, how often do we non-attorneys win against insurance company attorneys in small claims court in cases involving determination of liability? Do I start off at a huge disadvantage simply because it will be attorney vs. non-attorney? If the odds are really small, I may decide the case is not worth pursuing.
November 3rd, 2011 at 7:07 am #Jason

Lester,
Everybody has their own level of skill and each person understands the law and all it’s details concerning the court process differently. Usually I would indicate that it’s a lot of time and energy and I would suggest avoiding it rather than pursuing it.

However, you present very well on here with your questions. I don’t know the details about your accident but it’s odd that both insurance companies arrive at the extreme opposite conclusion of fault. I don’t like to give out odds on here but I think you would match up good with an attorney on the other side of you.
November 4th, 2011 at 2:38 pm #Jeremy

Our car (A 2 week old Hyundai Sonata Hybrid) was parked in a parking garage and was hit while we weren’t in it. The other person left a note and we were able to contact her and get her insurance company to repair the car. We are trying to get reimbursed for the time I spent getting quotes (at their request). I had to take the time off from work to get it accomplished because the shops are only open during normal business hours and that is the time i work as well. Shouldn’t their insurance company also reimburse me for this time, and the time we spent dropping off the car and picking it up during business hours. If so, how do i approach this with them, the insurance agent said she talked with her ‘supervisor’ and they are not going to pay for the time off, just the ‘direct loss to the vehicle’.

Thanks in advance,
Jeremy
November 4th, 2011 at 2:42 pm #Jodi

Hi Jeremy –

I work for an insurance agency as a claims advocate and before that I worked as an adjuster. Auto property damage claims pay just that – property damage. The time and inconvenience of having a wrecked care is not compensable. I know it may seem unfair but this is how policies are written.

Sorry to disappoint –
Jodi
November 4th, 2011 at 2:45 pm #Jeremy

That just doesn’t sound right. That should be covered under pain and suffering. Like ‘pain in the butt’ to get taken care of…

Jeremy
November 4th, 2011 at 3:39 pm #Jason

Jeremy,
Pain and suffering requires an physical injury to be considered. Absent an injury, that can’t even be considered. I’m glad the insurance company is taking care of the damage.
November 5th, 2011 at 3:02 pm #sharletha

I live in michigan and I had a break in recently. My renters insurance is replacement cost but they told me that they will depreciate by 50% which is acv until i replace the item and send them a receipt showing the item being replaced. is this legal? what recourses do I have instead of taking 5 to 6 months to replace items stolen?
November 5th, 2011 at 8:47 pm #Jason

Sharletha,
No, this is what happens. You would be paid ACV only when you have a loss except you have the additional coverage that allows you to get new items instead of just the ACV value.

The recourse you have is that you can take 3 to 4 months to replace the stolen items, or even less time if you choose.
November 6th, 2011 at 10:41 am #Jackie

I have a 2007 Mercedes R350 and it was unoccupied when it was hit in a parking lot. My insurance company (SF) paid for the damage but the value of the car dropped by $5k. Is there anyway my insurer can make me whole to at least bring me back tot he amount my car was worth prior to the accident?
November 6th, 2011 at 10:55 am #Jason

Jackie,
What you are referring to is diminished value. Perhaps if your state recognized this type of loss you could do that.

However, your expectations that your vehicle lost over 25% of it’s value based on a minor parking lot accident is unrealistic.

It is very likely that your insurer has already brought you back to the value your car had prior to the accident.
November 6th, 2011 at 10:56 pm #Fernando

This begins with an accident between our car and another car, on public streets. There was one witness. Police officers took a statement from all parties and filed the report. We have a copy of the report and sent it to the our insurance company. Our insurance company now wants our “recorded” statement of the accident. I’ve advised them that they have a copy of the report with the statements from both parties. The other insurance company recently sent us a letter requesting answers to such questions like “Did you violate any traffic laws?”, “Did the other driver?” (does this sound like self incriminating?). The question is do we comply with their requests since the statements were provided to the police department?
November 7th, 2011 at 7:01 am #Jason

Fernando,
The police do their investigation based on their resources. They have information available from the involved drivers and any witnesses. Their report is not set in stone because they were not there and are relaying their information the best they can. They don’t always get things right, or the way they put it into report form can differ from the way the accident actually happened. Also, one of their principal activities is to see if anybody violated the law. Their reports are generally created to support violations and making the work of the district attorney easier because that is who they work for.

Your insurance company is doing something similar. They don’t have to report to a district attorney. They have to determine, though their separate and distinct investigation, with all the resources they have available to them the level of fault of each driver. Your insurance company doesn’t want the investigation of the police officer as their only information in order to make a liability decision.

At minimum, you should comply with the reasonable requests of your insurance company. A recorded statement is reasonable. Your claim could be denied if you didn’t cooperate with your insurance company. It likely wouldn’t be denied, but it could because it’s a contract between the insurance company and you.

As far as the other person’s insurance company, you don’t have to provide a statement or any completed forms to them. If you did, it would be voluntary because you don’t have a contract with them. The other insurance company, like your insurance company, is attempting to determine how the accident happened with the resources available to them.

No, the questions asked do not sound like self incrimination. Depending on your answers, your answers could be self incriminating.
November 8th, 2011 at 8:01 am #Jason

I live in Kansas. My motorcylce was knocked over at some point at night. The insurance company is paying for damage. My only problem is they want my old parts, do they have a right to those parts? My understanding is those parts should be mine, am i correct?
November 8th, 2011 at 8:07 am #Jodi

Insurance is intended to make you whole. Your bike has damaged parts and your insurance pays to replace those parts. The key is replace. If you were allowed to keep the parts then you would be “gaining”. That is not the intention of insurance. If you would like to keep the parts then I am sure the adjuster would be willing to negotiate and reduce your settlement by the value of those parts. Otherwise they are replacing those parts which then become their property.
November 9th, 2011 at 12:26 pm #Allen

I am trying to gain as much information for one of my sister that recently had her car totaled in an accident with another car. The incident involved driver that blacked out during a right turn at a controlled intersection in which his vehicle crossed two lanes of traffic, ran over a cement median during the turn and entered oncoming traffic hitting my sister’s car almost head on. The individual was treated for low blood suguar on scene and refused any further medical assistance or to go to the hospital for further evaluation.

All insurance companies will deny that they have no liability in this case since it was a medically induced event. State Farm has already compensated her for the loss of her vehicle but is telling her that she is on her own to recoup the deductible and lost wages covering two and half days due to injuries from the crash. Founders Ins., which insured the other vehicle, has been very hostile towards my sister when she has talked to them to recover these cost.

The Illinois State General Attorney’s Insurance division informed me that State Farm should cover the lost wages and deductible then it will go to arbitration. After Founders Ins. fails to show up arbitration then State Farm will pool this claim with other claims against Founders Ins. until it reaches the monetary amount to justify taking Founders Ins to court.

I get the feeling that State Farm is trying to pass the responsibility on the losses which are harder to recover, dedcutible and lost wages, and recover their money on the surer thing, the vehicle. Should she be compensated by State Farm on the lost wages and deductible and make State Farm recover that along with their losses on the vehicle?
November 9th, 2011 at 1:27 pm #Jason

Allen,
You will have as much luck of having State Farm pay this and then recovering it from Founders Insurance as you would have of the Illinois State General Attorney’s Insurance division paying this and then recovering it from Founders Insurance.

You already said it in the paragraph preceding the the paragraph about the State Attorney General. Founders Insurance does not have any liability for an medically induced accident. They don’t owe the money. In fact, your sister doesn’t even have coverage for this that State Farm can pay and then collect if there was a negligent person. There are 2 important conditions missing in this scenario and that is no negligence and no coverage.

State Farm can seek reimbursement for things they are contractually required to pay which is the collision damage to the car but they will only seek that if Founders Insurance is legally liable to pay it (negligence of their driver). This insurance division is providing you with inaccurate information.
November 13th, 2011 at 7:02 pm #Chantal

My husband recently had work done on his 1997 Jeep Wrangler…new tires, oil change, check brakes. Anyhow, two days later he is driving down the road and his hood flies up. Fortunately he was able to get off the road safely,without injury to himself or others. It turns our the service shop failed to lock the hood down when they performed the service work. The hood is dented and the windshield broken. The service shop has agreed to replace the hood and windshield. It has occured to us that now we will have a bright, shiny new hood on a faded 1997 Jeep. Our desire would be to have the Jeep restored to original condition. We feel that having a bright shiny hood sitting atop a nicely faded 1997 Jeep will be rather unattractive and are curious as to whether we are within our rights to request that the whole Jeep be painted. The service station has not provided us with their liability carrier’s information, so I assume they’d rather pay for the damages outright. Thank you.
November 13th, 2011 at 7:35 pm #Jason

Chantal,
The difficulty with your situation is that the body shop cannot fade your paint on the hood to match the rest of your vehicle’s paint. So, the only thing they can do is put brand new paint on which is technically better than the faded paint.

Your option in this situation is to get the rest of the vehicle painted. The thing you might not like is that you will have to pay for that because the body shop’s negligence did not cause damage on the rest of your vehicle and they did not cause the paint to fade.

In this case, you are not entitled to get undamaged things repaired and paid for by others. Whether the service station pays out of pocket or goes through their carrier, nothing I’ve provided in this post would change.
November 14th, 2011 at 8:41 am #Nicco

I got side swiped by an 18 wheeler which caused my car to spin off the highway and crash into the median. I did not have insurance at the time but the 18 wheeler admitted it was all his fault and we filed the police report. Does he get away with having to pay nothing since I dont not have insurance?
November 14th, 2011 at 12:51 pm #Jason

Nicco,
Although you were in an accident, this is the ideal situation for you. The insurance company for the truck driver, if it is the fault of the semi-driver, will offer to pay you for the damages to your vehicle. Not having insurance has nothing to do with somebody being responsible for the damages you sustained.
November 14th, 2011 at 3:47 pm #Brandy

My bf recently backed into my car. Since my car is brand new (less than five months old) the repairs are going to be costly! I decided though that I wanted to get the ball rolling, so to speak, by using my insurance to get it repaired since my bf currently out of town. In any case my insurance gave me a check, less the cost of my deductible. The thing is, they made the check out to the lien holder and myself. I was told by the adjuster that when I find a body shop, I can call and cancel the check they gave me and they will issue me another check payable to the body shop of my choice, and myself. My family is really into show cars and they build all of their cars from the ground up. I know a guy that does stellar body work, and he’d give me a great deal. The thing is, he does it as side work, not in a regular body shop. Is it legal for me to deposit the check in my bank account and take my car to my guy or do I HAVE to take it to some lame body shop that’s going to probably rip me off and do a crap job? I’ve always owned my cars free and clear, so I’m not sure if they did it this way bc I owe money on the car or what.
November 14th, 2011 at 4:18 pm #Jason

Brandy,
The lien holder is on the check because the lien holder wants to make sure the collateral supporting the loan retains it’s current worth.

If you present or send the check to your lien holder and you let them know you intentions of repairing the car, they will work with you. Just as long as your car gets fixed, your lien holder will be content.
November 15th, 2011 at 10:32 am #JOHANNA BRADFORD

MY HUSBAND AND I OWN A SMALL AUTO REPAIR SHOP IN CALIFORNIA. WE HAVE A SIGN POSTED ON THE PREMISES THAT STATES “PRIVATE PROPERTY. NOT RESPONSIBLE FOR THEFT OR DAMAGE OR THEFT TO VEHICLE.”

WE EXPERIENCED A BREAK IN A FEW MONTHS AGO. THE THEIVES STOLE TWO VEHICLES OFF OF THE PREMISES, AND WERE CAUGHT ON TAPE. BOTH VEHICLES WERE LOCATED WITHIN TWO WEEKS WITH MINOR DAMAGE. AND BOTH CRIMINALS WERE APPREHENDED.

BOTH CUSTOMERS WERE HAPPY TO HAVE THEIR VEHICLES RETURNED. HOWEVER, WE RECENTLY RECEIVED A CLAIM LETTER FROM ONE CUSTOMER’S INSURANCE COMPANY STATING WE ARE RESPONSIBLE FOR REIMBURSING THEM FOR THE DAMAGES INCURRED TO THEIR VEHICLE.

CAN YOU ADVISE ON IF THIS IS TRUE, AND WHAT PROTOCOL TO FOLLOW? ANY ADVISE YOU CAN SUPPLY WOULD BE APPRECIATED. THANK YOU FOR YOUR TIME.
November 15th, 2011 at 11:16 am #Leslie

I had an accident where the other driver was at fault. I was given a check from his insurance company for damages and I deposited it into my account. I didn’t make the repairs.

The guy’s insurance company, called (now 6 months later) and wants to inspect my vehicle to make sure I repaired the car.

Is that legal? Once I cash the check the whole thing is over, right?

It doesn’t seem like they want to inspect my car for my benefit. What if it takes me another year to get my car fixed? It is drivable.

Also, do I even have to fix it?

Thanks!
November 16th, 2011 at 8:21 am #Jason

Johanna,
Simply forward this letter to your insurance company and forget the letter even existed. Your insurance company will address this claim and you can concentrate on making money by repairing vehicle.

If you don’t have insurance, then the answer will be different. If that is the case, please provide the state in which your business operates.
November 16th, 2011 at 8:32 am #Jason

Leslie,
That is indeed a very unusual request by the other insurance company. Sure, it’s legal because they are not violating any laws by asking to do that.

Are you required to let them inspect your car? No. Also, you were paid for the damage and you can repair your car or drive it like it is. If you are satisfied with the settlement amount, this claim is over and there is nothing further you have to do. Also, if you never repair your car, that is your option.
November 16th, 2011 at 9:43 am #william

I live in Texas. Someone hit my vehicle and the person has AllState. AllState said we had to go to the body shop they recommend? Is this true? What do I tell them based on the law?

Thank you
November 16th, 2011 at 10:17 am #Jason

William,
You don’t have to tell the insurance company anything concerning the law. If you don’t want to deal with allstate, just have your car fixed using your insurance company.
November 16th, 2011 at 10:22 am #william

Jason,

I thought of that but since it’s not my fault, I didn’t want to use my insurance company because the claim would increase my rate. I just want to make sure I can avoid using their body shop of choice. Thanks
November 16th, 2011 at 10:37 am #Jason

William,
A non at fault accident is not a precursor to increase your rates. To assume that is not a fair assessment. Just because they indicate a certain shop doesn’t mean you should resist that body shop. All you are concerned about is getting your car fixed to its pre-loss condition. That is what their shop will do. You might want to consider it.

I know it might not seem right that they provide that take it or leave it option but that’s what it is. They are not forcing you to use that shop because you can decline and use your own insurance.
November 16th, 2011 at 10:42 am #william

Ok,
Thanks for the help!
November 17th, 2011 at 12:31 pm #sharon

need some help and advice please!!!!!!!!!!!!!
I was in an accident 2 years ago and have now recieved letter from a company who fixed my car and my insurance is saying they are not going to be paying them as they didn’t check with them before fixing my car, i should add that this company were sent to via my insurance.
My insurance are saying the fault is on the other companies side as they should have checked with the before takin on my car. They aren’t paying it the other company have told me that i will have to pay these cost however my insurer have said that i need to refuse to pay this as theres no liablity, as the fault is with the other company.
WHERE DO I STAND WITH THIS????????????????????

please someone help me
November 17th, 2011 at 4:24 pm #Jason

Sharon,
I don’t know where you stand. I don’t really understand your post. Could you identify who everybody is that you are talking about? Please don’t use “they” – instead tell us who they is. When you refer to “other company”, do you mean other insurance company, other body shop that fixed your car, or something else? If you can provide us with some clear information, we can provide you will clear answers.
November 18th, 2011 at 6:38 pm #John

While traveling through Canada, I wrecked my car 2 times over the span of 4 days. (Very icy and very isolated roads.) One was a sliding off the road into a ditch. The next rolled the vehicle onto its top. By the time I got the car back to the US, the vehicle was deemed a total loss. However, the first wreck was not enough for it to be considered a total loss, and nor was the second if taken as a single claim. My question; can the insurance company bundle the damage to deem vehicle total loss? And if so; can they take my deductible twice; thus lowering the amount they have to pay me. 1000 + 1000 instead of just 1000. Thank you in advance.
November 18th, 2011 at 8:19 pm #Jason

John,
Yes and yes. The car is totaled at this point. Being totaled means that it doesn’t make sense to repair it because one of similar condition, age, and mileage will be less than the cost to repair it.
November 21st, 2011 at 6:39 am #Hildago

Hi,

My car was recently damaged during a snowstorm and the body work estimate is roughly $3000. If my insurance company cuts me a check for the amount less my deductable, am I obligated to use it for repairs or can I use it for, say, part of the down payment on a newer car?

Thanks!
November 21st, 2011 at 6:56 am #Jason

Hildago,
No, you are not required to get the car fixed. You can use the funds anyway you want.
November 21st, 2011 at 8:05 am #Val

I just noticed that someone must have hit my car this weekend. There was never any note and I have been a ton of places where it could have happened. How do I start, does it pay to file a police report with no idea where or when it happened in the last few days, will my insurance company believe me? I have never had a claim for anything in over 16yrs of driving but I did just change insurance companies so I dont know if they’ll think it’s odd or suspicious after just a month that now I file a claim.
November 21st, 2011 at 10:41 am #Chris

Hello,

I have a 2003 Jaguar XType 3.0 with 160,000 miles that was involved in a car accident last Friday. My wife was waiting at a light and an old man came out of the driveway and hit her passenger back door, quarter panel, and rear bumper. The alloy rim was damaged as well. My ABS light turned on. I bought the car for $3500. cash and gave up my 2003 Civic EX 4 door standrad trans (worth $2500. to me, had some issues). I had the transmission and transfer case rebuilt ($4000.). I also bought Jaguar rims from a junkyard for $400. I went through my insurance company (Geico), and long story short the car is consisdered totaled, they are offering me $5,406.44 (after my $500. deductible)…I have more than $10,400. invested and only had the car for 6 months! ransmission still under warrantee, what can or should I do?
November 22nd, 2011 at 2:06 am #Jason

Val,
Yes, they will think it’s suspicious. It is going to be even more suspicious if the damage is on the right front of the car. If you want to make a claim, be prepared to make a police report if they request you do do that.
November 22nd, 2011 at 2:09 am #Jason

Chris,
Although you have $10,400 invested in the car, it’s worth is worth $5906. Take the settlement and be aware that just because you spend a lot of money on a car doesn’t mean that it’s value is going up.
November 23rd, 2011 at 5:45 am #sherry

My husband has a 18 wheeler that had heavy damage to his truck the insurance company wants to put the check in the business’s name that might be repairing the truck. I need the check made out to me what is the problem with that. Can I have the check made out to me instead, this is going to be a long process because he needs the truck to work and it will take some time to repair?
November 23rd, 2011 at 7:11 am #Jason

Sherry,
The insurance check should be made out to the policy holder. If there is a lien holder, then the lien holder should be added as well. However, another way around listing the lien holder is to have the check drafted to the policy holder and the repair facility in order to remove one party that will not be involved in the repair.

I assume your husband and you are the policy holders. If there is not a lien holder, the check could be made out to both of you. Why do you believe it needs to me made out only to you.
November 24th, 2011 at 2:27 am #James Collins

My car (and the truck behind it) was hit while parked.
It was forced 5-10 ft foward, and the tires made about 1/2 of a revolution (while in park)
The vehicle that was pushed into mine, was left in place for 2 days (with a pre-load on my drivetrain).
Once it was finally pulled away, my cars suspension went back down to it’s usual height.

The responsible motorist was insured by State Farm.
After an adjuster inspected my car, they sent me a check for about 1/2 of the amount to repair it.
SO….. I dropped it off at the local “State Farm Approved Repair Facility”, along with the check I received and told them to give me a call when it was done.

They were able to get the adjuster to issue a second check, and perform a semi-poor repair of the rear bumper.

When I dropped the vehicle off, I also gave them photos, showing how the tires had rotated during the collision, and requested that the motor mounts and the entire drivetrain be inspected for any noteable damage.

I was told that I shouldn’t push for too much, I said fine. I won’t push, but I did want any collision related damages repaired.

I just looked under the hood, and it is clearly evident that the upper “Torque Strut” (motor mount) has extremely recent damage (can easilly see where the rubber was forced against the bracket, and can see that all of the cracks and missing rubber is fresh damage
==============================

Now keepp in mind that the top “torque strut” is the only “motor mount” that can be easilly inspected easilly.
And the damage that is visable, warrants further inspection.
======================================
If I had the money, I’d simply pay for the work to be performed, then submit a receipt. But I do not have that ability, nor should I have to do that.

So how do I deal with mechanical repairs, and the insurance adjuster (who thinks that it’s a closed case)?????

Photo’s can be viewed at…….
http://s330.photobucket.com/albums/l422/jamesc116/camry%20collision-%20hit%20while%20parked/

Thanks,
James
November 28th, 2011 at 8:14 am #Mike

Thanks Jason,

Ok, yes it is unusual even the adjuster said that.

i dont know if you understood what i typed earlier, but the adjuster already know who fixed it(BH PH), the BH PH) lot did all the work themselves. i guess the have workers there who work on there on cars (salvage titles)..

The BH PH did this as a favor for me as they dont usually do this.

Now the invoice I faxed to the adjuster is from the BH PH lot. Their name is even on the invoice and the adjuster is aware of this.

I told the adjuster that I thought their client didnt have insurance so I got it fixed myself, the next week. I told the adjuster that the BH PH lot fixed it up themselves and that they never gave me a estimate or anything, only thing I was given is a invoice which list the parts used, cost for each part and labor charge.

I told her I could not get a detailed estimate like a regular bodyshop because they are not int he business of doing bodywork for public.

So yes the adjuster already have the same invoice i was given which list parts, price and labor charge.

I also gave her the before pics(at accident scene) which shows my whole front end tore off and both side panels and airbags deployed , it was bad. And I also showed her the finished results(which looks like a new car again), so it shouldnt really be no disputing the fact that the car was heavily damaged .

The car lot said they probably would had written it off for $3500 or so if I would had filed a claim when i had accident.

As you can see the damage is there. Now it looks like a new car again.

It took them 4 months to contact me and when they called I was like this is a joke right? she said no..LOL i was like I thought she didnt have insurance and why did you contact 4 month later. Im grateful you contacted me but that was kind of odd. I was like I got the car repaired for $3000 out of my pocket 3 months ago.

But I sent the the receipt/invoice I got. As far as a estimate I cant get that. I would think the invoice would be good enough as it shows parts, price and labor.

I just hope everything is done and claim closed and settled within 3o days.

so what do you think?

There is really no disputing the damage

So what do you think.
November 28th, 2011 at 8:37 am #Jason

Mike,
If you need more detailed information and assistance than the general information we can provide on here, send a short e-mail to us at complete.insurancehelp@gmail.com There is some additional information we will ask in order to provide you with more detailed help.
November 28th, 2011 at 10:05 am #reyna

Hello,

I had a mercedez s500 that flooded while it was at the body shop getting fixed. It was a total lost. I owed $32,000 and my insurance paid what the car was worth $12,000, but my gap insurance only wants to pay $4,000. What can I do because I paid this car for 4 years and they still want to make me pay $15,000 for a car that I don’t even have?
November 28th, 2011 at 10:27 am #Amy

I was recently rear-ended in my boyfriends car I did not have my own insurance so I was covered under his. The car was totaled I had gone to the chiropractor where I was told I had whiplash. I have not been there since although my neck gets a little achy sometimes I didn’t have the money at the time I am not employed so I did not miss any work. The insurance company wants to offer me $500.00 inconvenience for my injuries am I entitled to more????
November 28th, 2011 at 11:37 am #Brian

My BMW 328I car hit with a rock from underneath last week and it damaged the oil tank and the Engine. I do have the collision coverage with Geico.

Geico agent told me that they cannot cover the Engine repair cost as it was caused by driving the car after it was hit with the rock. Actually, engine switched off by itself right after it was hit with rock and I didn’t drive the car more than 0.01 miles after the collision. But Geico agent is not ready to agree.

Is there any way I can get the Engine repair cost paid by Geico?

Thanks in advance!
November 28th, 2011 at 11:28 pm #Jason

Reyna,
Contact your gap insurance. They should be paying the difference between what is owned on the vehicle (If you didn’t increase the amount owed since you got the gap insurance) and what the vehicle insurance pays for it.