Auto Insurance Claims
Have a question about auto insurance claims? Post it here for our contributors to answer. Questions under 100 words are more likely to receive an answer.
Have a question about auto insurance claims? Post it here for our contributors to answer. Questions under 100 words are more likely to receive an answer.
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 jsut 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 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.