Insurance Claim Law

504 Responses to “Insurance Claim Law”

September 5th, 2008 at 10:17 am #nick

An insurance adjuster sent us a claim payment check payable to us and the auto body shop that did the estimate (a dual party check). We asked the aduster to reissue the check with just our name on it as we are unable to get the repairs done any time soon and wish to bank the check. The adjuster reply is they will issue the check to the lean holder of the vehicle. How come they wont just write us a check? If they do write the check to the lean holder will this money go twards principle owed?
Talking to the adjuster is like talking to an angry rock.
September 8th, 2008 at 5:59 pm #admin

Hello Nick,
Yes, an “angry rock” is an excellent description on many adjusters. If there is a loan on the car, the insurer has to protect the lien holder as well as you, or the lien holder could sue the insurer. Actually they should name you and the lien holder, if not you and the body shop. And no, if they do send the check to the lien holder anyway, the lien holder cannot apply it to your payments, unless there is a clause in your loan contract that allows it. This would be highly unusual. They must set the money aside.

Now if you do your own repairs, or find a shop to do the repairs for less than what the insurer paid, then you should be entitled to the left over money.

Of course if you pay off the car, then the money has to go to you.
September 11th, 2008 at 8:29 pm #admin

And Nick, you should give this “angry rock” adjuster a rating on our “Rate Your Adjuster” page. You can also give a rating to your insurance company there.
September 24th, 2008 at 9:49 am #nick

thank you for the guidance.
October 22nd, 2008 at 2:31 pm #Dale Whipple

My car was damanaged beyond repair and insursance company of the person that hit me denied the caim saying he didn’t have insurance at the time of the accident. I’d like to know how much to ask for. The blue book value of the car is approximately $3500 but just prior to the accident (less than a month) I had just under $2000 worth of repair. I’ve been told I can add that to the total I want by some and others say no. So I’d like to know from if I can or not.
thanks
October 23rd, 2008 at 4:47 pm #admin

Hello Dale,

Its a tough situation you are in, but go for it if you have the time. Yes repairs do add some value, but to most buyers (and courts), not much value.

You can’t take the book blue and add the cost of repairs or maintenance. Look at a Kelly or Nada book at your local law library or car dealer and read the introduction pages. No insurer would ever pay it either. But hey, you may be dealing with just the other driver or a judge in small claims court. Dealers will tell you that a vehicle with a newly rebuilt motor that cost $3,000.00 will only raise “the market value” a couple hundred dollars. Call a dealer and ask him how much he would add to a selling price for your new repairs.

The book value should be adjustable based on condition and miles. Getting the book value up is the approach to take. Also getting local dealer quotes, in writing, may get the book value up or down. Also there are different books eg. Kelley, Nada, which can sometimes vary by 25%!

If you are going to small claims court, go ahead and claim the book value and your $2,000 worth of repair receipts. Who knows, the judge may allow a good chunk of that. What have you got to lose? And take some written dealer quotes to show the judge. And pictures too, if you have any showing your car looks above average.
February 2nd, 2009 at 2:08 pm #Bonnie Nack

I purchased an extended warrantyon a used automobile from American Guardian Warranty in 2007 from a dealer located in SLC Utah. In Oct. 2008 I reported a heater/ AC “Non-operative bi-level switch malfunction”. American approved the claim for $480. The dealer attempted to repair the defect. The technician discovered the bi-level switch was integrated into the GPS system and the cost of the repair escalated to $5000. American denied the claim. Then they sent out an appraiser who determined the switch did not work due to a missing switch cover. American concluded the cause of the malfunction was neglect and abuse. (The missing switch cover was removed by the technician who attempted the repair and was in the possession of the dealer.) In addition they stated the GPS and the heater control head are not covered. I say you cannot change the rules of the ballgame at the end of the game in order to make it appear you won.
February 3rd, 2009 at 8:34 pm #admin

Hello Bonnie,

This kind of reminds me of our mission statement on the home page of this website. People who say “oh, my insurance company is great, they paid my claim”, I say it was probably a small automobile claim or something easy to see with you own two eyes. Start talking more dollars and the claws come out.

But to get to your question. Automobile warranty policies are notoriously full of hidden loopholes. If you want us to review yours for you, email a scanned copy to info@insuranceclaimhelp.org. You can also email a copy of the denial denial letter and pics if you like.

As you might expect, neglect and abuse, is not covered, so that’s what they are looking to hand their hat on. Is the heater control head the same as the heater switch cover?

Whatever their technical reason for denial, you have to get an expert with a different opinion. For example, if your mechanic puts in writing that the switch was defective from the factory, then that contradicts the insurance appraiser. That will force the insurer to hire an engineer to look at the part. If he lies, then its your expert against theirs. Be sure to save the part and get close up pictures to show the judge if it goes to small claims court. Expert opinions that “win” are usually the ones that don’t leave everyone scratching their head, the common sense opinions.

Feel free to rate your adjuster and insurer on the Consumer Ratings page of this website.
April 4th, 2009 at 10:15 pm #Peter

My 14 yr old son collided with a car while riding his bicycle. Both he and the driver where approaching a blind corner and didn’t see each other. He collided with the drivers door creating several small dents and scratches. The insurance adjusted for the driver determined that it is my sons fault and is billing me for $1400.00 in repairs. The driver is suing me for $1000.00 in small claims court (her deductible). I don’t feel that it is 100% my sons fault, and that I should have to pay the driver and the insurance company twice. When I ask them for 3 estimates of the damage, the adjuster tells me that they used a reparable repair shop to get their estimate. I feel like I’m being bullied by the Insurance company. What can I do?
April 6th, 2009 at 11:07 am #admin

Hello Peter,

1. If you have auto insurance, you may have coverage for your son on the bicycle (I’m no expert on auto damage liability). Check your own auto policy and consider making a claim. Check with your agent. I believe the definition of “occupying” a motor vehicle in most policies includes “upon” a vehicle, which includes you as a pedestrian or bicycle rider. Perhaps a visitor to this website can comment on this?

2. Regarding who is at fault and percentages, look at the police report first (if there is one). Then get witness statements (if any). See who your own insurer’s adjuster says is at fault, (if you turned it in). Then look in the phone book or google “accident reconstruction” in your area. If the cost of an expert is too high, he may give a little free phone advice. Ask a traffic cop his opinion. And in the end, it may be the small claims judge who decides the fault issue.

Common sense would say that if the car was in its lane of travel and your son hit the side of the car, as opposed to the front, it was your son’s fault. Make a diagram of the street and the positions of the car and bicycle before, during and after impact. A number of factors should be considered, like speed, obstructions to vision, etc. One key to who is at fault is “negligence”, ie “was your son negligent?”.

3. You should not have to pay twice and I believe the law in most states would support that. If the damage is $1400.00 and the deductible is $1000.00, then the insurer should not be looking for over $400.00 from you (assuming you are 100% at fault).

4. If they want you to pay the cost of repair, I would think you would have a right to see the car. At the very least, they should give you a copy of their estimate and some photos, so you can show them to another shop for an opinion. You only owe the “reasonable” cost of repairs. Obviously they cannot charge you 1,000,000.00 for a broken headlamp.
April 29th, 2009 at 9:34 pm #John

Hi,
I was involved in an accident that occured in a parking lot. I was driving in a designated driving lane and was struck on the driver’s side, front quarter panel. The damage is on the side front. The police accident report clearly states that the other driver failed to yield right of way. Now, after several attempts to reach the other driver’s insurance adjustor, she returns my calls, and claims that her company has ruled that the accident was contributory because their insured, claimed that I had reasonable ability to stop and avoid the accident. We were at a slow speed and the other driver hit me in the side of my car. The accident report claims the other driver failed to yield right of way. I argued this to no avail. By the way, I filed the claim with my insurance and the other driver’s insurance. What should I do? Should I file small claims on both the driver and their insurance company, or get tough with the other driver’s adjustor and threaten to sue, since I have the proof of failure to yield in the accident report. Thank you for your time and attention to this matter.
May 1st, 2009 at 10:43 am #admin

Hello John,

I would say turn it in to your own insurer, pay your deductible and let your insurer settle up with the other insurer and get back all or part of your deductible for you.

If you are determined not at fault by your own insurer, then your premiums should not go up.
June 6th, 2009 at 9:24 pm #Denise

I had a significant amount of items taken from my auto after our daughter was in an accident in January. Because of the amount of items stolen or missing the insurance company conducted an under oath investigation of me verifying my loss. No problem with that at all I realize that is within their rights. I was just wondering under Pennsylvania law how long can they take to make a decision? Also do I have the right to suggest or force them to investigate others under oath? Thank you for any info..

Regards
June 6th, 2009 at 11:43 pm #admin

Hello Denise,

Most states have laws stating how long the insurer has to accept or deny a claim, usually 30 to 60 days. The problem is that the time can be extended for years if the insurer simply advises the DOI that they are still investigating and suspect fraud. So the law is worthless here. Your only way to fight on that ground is to show “unreasonable delay in investigation”.

I don’t know Pennsylvania law, but you can see the California laws in the Miscellaneous Product section at http://www.UClaim.com. Pennsylvania is relatively consumer oriented and likely to be like California on these laws.

You can’t “force” your insurer to take someone else’s EUO or do investigation. But you can suggest, in writing, that they do this or that, and if they fail to do it and it adversely affects your claim, you can sue your insurer for bad faith breach of contract.
June 8th, 2009 at 4:39 pm #Daniel

I got a claim check for hail damage over a year ago and never repaired the car. The check was made out to me and the lien holder. I assume that because the check is more than a year old it is now stale and a new one has to be issued. However, the car was returned to the leasing company about three months ago. Will the insurer issue a new check to just myself?

Thanks
June 8th, 2009 at 7:59 pm #Connie Johnson

Some lady rear ended me last month. I own my car. Insurance adjuster came out inspected the obvious damage and a week later sent me a $500 check. Bent sides, A trunk that wont open, The whole bumper is messed up, and The paint is messed up. An $500 is suppose to cover that? Um nooo, I don’t think so. So I took it to the body shop today and called the adjustor to let him know they are going to “tear the car down”. In a few days the adjustor will come out to inspect and negotiate with my body shop. He is making is sound like, after he inspects the other damage, he won’t right a new check to me, ONLY to the body shop. He is making it sound like I HAVE to get it repaired. What if I don’t want to get it repaired? what if I want the check written to me? It is my money after all! How do I get around this? I have a feeling he is going to be pushy on the issue.
June 10th, 2009 at 2:53 am #admin

Daniel,

You would have been better off to get the car repaired cheap, then the lien holder would have had no choice but to sign the check and return it to you for you to deposit.

Look on the claim check for words that say if it expires in so much time.

Good question about who the insurer will issue the check to, now that you have returned the car, but I suspect that they will issue the check to the lien holder, since you currently have no insurable interest, unless … the lien holder charged you a penalty for the hail damage to the car?

You have nothing to lose by asking the insurer to send you another check. And if it has both names on it, don’t sign it. Mail it to the lien holder to try and get them to sign it and return it to you. And call them first to see if they will do that. And don’t volunteer what the check is for if you don’t have to.

And read your lease agreement provisions regarding loss to the vehicle.
June 10th, 2009 at 3:10 am #admin

Connie,

You may want to get a few estimates, before the car is torn down.

If there is no lien holder on the car, then he has to send you the check, in your name. I doubt that there is any clause in your policy saying the shop gets the payment. But play nice for now and DON’T sign any authoriztion for the shop to start repairs (except teardown). But you will have to pay the shop for their tear down time if you decide to repair it elsewhere or not to do any repairs. If you reveal your intention not to repair, the shop and adjuster may conspire to lowball the estimate.

If the shop and adjuster are “good friends”, they could low ball the estimate, so you don’t take it elsewhere, and then do a “supplement” for more money if the shop does the repairs. So be nice until you have a check or satisfactory estimate in your hand.
June 22nd, 2009 at 8:59 am #Corey

Hi,
I relocated to the DC area from the SouthWest. I hired a moving company to move my things. The truck carrying my things got in an accident. Much of my major furniture was damaged and/or demolished.

The moving companies insurance company (Progressive) contacted me to begin the claims process. I am in the process of filling out their form. The form asks for items damaged, date of purchase, amount paid, etc…

My questions are:
1. for items that I don’t have a receipt for, how do I go about putting a price on them?
2. Because my furniture is demolished, I’ve needed to store it elsewhere. I had to rent a truck to move the furniture. Can I include the cost of the truck rental in my claim?
3. One of the pieces of furniture that was damaged was a living room couch. I’ve already purchased a new couch so that I have something to sit on in my living room. How (if at all) will that affect my claim?
4. One of the items that was demolished was a high end bedroom dresser that was part of a set (bedframe and dresser). The set is no longer available, so to make my furniture match, I’d need to buy a new bedframe/dresser combination. Can I add the cost of a new bedframe to my claim?
5. any other words of advice?

Thanks in advance for any input.
June 23rd, 2009 at 4:30 am #admin

Hello Corey,

I could write an book on this, but it’s already been done. The eBook entitled “CONTENTS INVENTORY LIST INSURANCE CLAIM ADVICE AND HELP
Subtitle: How to Maximize Your Contents Claim Settlement” at http://www.UClaim.com will answer most of your questions in great detail and provide sample inventories. And it has a money back guarantee.

While the EBook was intended for claimants making claims against their own insurer with a policy contract, most of the information and techniques in there will also apply to you as a 3rd party (if they consider this as a liability claim which is governed by the law in the absence of a policy contract). If they treat you as “an insured” and start quoting policy language, for example a “pairs and sets” limitation clause, then be sure to insist on a complete copy of the policy. Whatever denial they make, insist that they put it in writing and that they quote the policy wording or the law that they rely on.
July 14th, 2009 at 1:38 pm #pat

My daughters house was damaged by a neighbors fire. My daughter filed a claim with her insurance company and they told her that she would have to pay the $1000 deductible. The insurance company told her that they would not subbrogate against the neighbors insurance because the cause of fire was ruled an accident. This does not seem fair. Why should my daughter be out money because of a neighbors accidental fire.
July 15th, 2009 at 12:10 am #admin

Hello Pat,

Your insurer could only subrogate against the neighbor if there were “negligence” by the neighbor. Negligence is the requirement in most states for “legal liability” (something you can sue for).

But here is a possible tidbit for you. Ask the neighbor if she would mind asking her homeowners insurance company to pay your daughter under “fire non legal liability” coverage. Most homeowners policies pay a small amount $500 or $1,000 under the liability part of the policy for “non legal liability” for fire damages to neighbors, such as in your daughter’s case. But note, the neighbor does not “have to” turn it in. He or she, the neighbor, should confirm with their agent that it will not increase her premiums.
July 22nd, 2009 at 4:00 pm #Rick

Hi, don’t know if anyone can help or if this is the right place…but to make a long story short…. I hit an uninsured motorist(his fault)… He had just purchased a used vehicle from a dealer, is it possible to sue the dealer for not “Verifying” proof of insurance on that vehicle??? Thanks Rick
August 10th, 2009 at 6:48 pm #michelle

Hi I need help and some advised. I was hit the other day on the on the back door of my vehicle the person who hit me has progressive when i call them and started the claim they told me they will do an investigation and call me back within two weeks. To make the story short I waited and the adjuster never call me I call him 20 times, left him messages and he never return my call , finally I was so frustrated and fed up that I call the progresive customer care and told them i wanted to check the status on a claim, the csr from progresive told me that my claim was denied b/c their insurer said that he did not hit me and that my claim was a word against word claim so basically it was his word against mind and they believe their insurer. I told my husband and gave him the number of the adjuster that determine the denial of my claim, since the adjuster did not have my husband number on the list he answer right away when my husband told him taht he was calling about my claim and start to complain about the decison he told him there was not enough proof and when my husband told him well if my wife hit your insurer car why he gave her his information and he never ask for hers and the adjuster from progressive started to evade my husband question and told him that my insurance will have to call them and dispute the claim. What should I do???? what if my insurance does not help me?? can i get progressive to pay for my damages? or should i sued the guy that hit me?
August 11th, 2009 at 8:44 pm #admin

Hello Michelle,

Turn it in to your own insurer. They have to pay your claim regardless of fault. You may have to pay a deductible, but your insurer will attempt to collect all or part of that back for you. It could take them a year or two. If you get tired waiting for your insurer, you can sue the other driver in court and see what the judge says. But it will be binding, so your insurer will have to accept whatever the judge says. What does the police report say about fault?
August 13th, 2009 at 7:31 pm #admin

Please visit our new Discussion Forum!
August 21st, 2009 at 7:26 pm #Barb

Hello hope that you may be able to help me. I have a Hail claim with Safeco ,called in the claim Aug. 6th shortly after the storm stopped and was advised that a adjustor would contact us on Friday the following week a adjustor came and was at my home approximately 45 min. he was from out of state and mentioned that he was headed to Yellowstone Park for the weekend to at least get to see some of Montana. He did not take the time to go over any of the claim, my home has number 1 hand cut cedar on the roof, and number 1 clear cedar siding (lap) my home is insured for over $350,000 we have replacement . My siding on one side of the home was ripped off and on another side plummetted with hail the size of lemons. We lost 5 windows, damage to a cedar deck with dents the size of a golf ball,a Barn metal roof, it put holes in the seats of our boat,busted a truck windshield , destroyed hot tub cover and almost all yard ornaments, a contractor came out directly after the storm and said you have at least $63,000 in damages that I can see. The roof has 46 squares of cedar. After calling almost each day to the point of almost exploding the 2nd claims department said oh we are send out a payment today(this was Friday at 5pm) for $29,000. The adjustor that was here said that he thought the roof needed replaced and one side of home, and a few boards here and there and they would pay to have it stained. Cedar does not match up after stained and new. Oh and all gutters were destroyed with holes the size of a softball. Also we have a natural pond that has canadian geese, well they were about 30 in the pond when the storm hit and now we have two with broken wings, this will tell you how bad our storm was. I need so advise on what to do, Help Thank You Barb
August 22nd, 2009 at 10:28 pm #admin

Hello Barb,

You need way more help than I can give in a few paragraphs. You probably won’t get a public adjuster in your area. But if you do, take the advice offered at UClaim.com on how to hire one on the Free Stuff page. You could hire a lawyer as a last resort, but most lawyers will not know how to make the insurer pay more without litigation.

My best advice is to get the eBook at UClaim.com entitled “Homeowners loss Deluxe” currently on sale for $20.00, 75% off, with a money back guarantee. Read the description and view the table of contents.
September 20th, 2009 at 5:19 pm #jim

Hi,
My son was hit going through a green light. The officer did not interview all the witnesses, and cited my son for failure to yield. Both cars were totaled. We both have liability only. They have 2 witnesses that say it was red. We have 2 witnesses that say it was green and their is another witness that said both lights where red and only the turn single light was green. Both insurance co. have denied all claims. We have not gone to trial for the ticket yet. If the other party takes my son to court and wins will our insurance co. pay that? Does it seem likely anyone would sue? The insurance companies win.

Thanks jim
September 22nd, 2009 at 5:40 pm #admin

Hello Jim,

It’s all a matter of which witnesses are more believable as to whether who wins in court, imo.

1. If the other party wins in court, your insurer has to pay.

2. If you get served with notice of a lawsuit, you must report that to your own insurer, so they can defend you. That’s part of your liability coverage. If you don’t advise your insurer of the lawsuit, they may not pay if you lose.

3. In the end, one or both insurers will pay. IMO, if the witnesses are equally believable, I would say the insurers should just pay half of each others damages.

4. “Will anyone sue?” That depends on the amount of their damages, their chance of success in court, and your assets.
October 1st, 2009 at 10:31 am #belinda

Hello and thank you for taking time to answer so many questions. Recently my car was hit by a drunk driver and thankfully minimal damage was done. I had an estimate done at the auto body shop my insurance appointed, and the other parties insurance had an appraiser come out to do an estimate as well. Since the damage is minimal- no one at work even realized my car was in an accident- I would like the insurance company to write me the check instead of taking it in to this auto body shop for repairs. How do I go about requesting this from the other parties insurance company?
October 1st, 2009 at 11:45 am #admin

Just ask the adjuster to send you the check with only your name on it.
October 11th, 2009 at 10:03 pm #goodneighbor

Hi,

My townhome was recently damaged due to my nextdoor neighbor’s fire. I was not home when the fire took place. In attempt to rescue the neighbors who were trapped on the third floor, the fire fighters smashed through my windows on the 3rd floor to get to the neighbor’s unit and sledgehammered a hole in the wall to get through to the next unit. As a result, there is a huge hole in the drywall, 2 windows gutted out, smoke damage, and debris left behind by the fire fighters/rescuers.

I have made a claim using my insurance (All State) already and they have assured us of standard coverage including construction, accommodations(as I cannot stay in my townhome due to strong smoke residue), food, and cleaning. Are we entitled to any other claims? Should the firefighters /police be contacted for the damage done in my home and are they responsible for any or part of the damages? Any advice would be appreciated. Thanks.
October 13th, 2009 at 1:20 pm #admin

Goodneighbor,

I don’t know of any claim you can make under your insurance policy against the fire/police. If they were negligent in what they did, then you can sue them.

As to your claim with Allstate, I can’t tell you what you are entitled to in a paragraph. You not only are entitled to a lot more items than you mentioned, but you are entitled to a fair dollar amount for those items mentioned. I suggest you get the eBook “Homeowners Loss Deluxe” from UClaim.com, currently on sale with a money back guarantee. You can view the table of contents online to see a bit of what you are in store for. And “Goodneighbor”, you are going to need help since you are in the “good hands” of Allstate
November 2nd, 2009 at 11:44 am #km

My vehicle had minor rear bumper damage done to it in a mall parking lot. I filed a claim with a quote from a local body shop. My insurance company approved the quote. However, the body shop has now called me and stated that they have received everything necessary to repair my vehicle. I don’t plan on taking my vehicle to this specific body shop, I was planning on taking it to the actual dealer. My question is can I go somewhere else? I haven’t received the check from the insurance company would they have sent it directly to the body shop?
November 4th, 2009 at 6:12 pm #admin

KM,

You can take the car to any shop of your choice, as long as your policy does not say you can’t. By the same token, the body shop can’t just charge anything they like either. The insurer owes the “reasonable” cost. And you don’t have to get it fixed if no lienholder is named on the check. Yes, they could have sent it to the shop. Call the insurer and tell them to stop the check and mail it to you. If you did not authorize the shop in writing to order the parts, then they can return the parts.
November 5th, 2009 at 6:01 pm #Jeff

Hello and thank you for taking the time to read this. I was involved in an accident about a week ago. I was turning left onto my home street and a 16 year old girl was turning left onto the street I was leaving. She had a stop sign and was determined to be at fault for the accident. She hit me on the side of my car on the drivers side back door. She ran for 4 blocks and pulled over after realizing I wasn’t going to stop following her. She told the police that she was trying to find a non-busy street to pull over at, she didn’t have her drivers license on her but was licensed she said. They were insured and was at fault for the accident. She was not issued a ticket. The mother doesn’t want to go through the insurance company but after being told that I want the money from the $840 estimate of damage, she decided that she would. The insurance company called me and told me that they would not issue me a check but would only issue it to the repair place. I do not want to have the work done at this time, what should I do? I own the car outright, no liens are on it. Is it not my choice on where/when I get the work done and shouldn’t the insurance company be required to pay me?
November 5th, 2009 at 11:21 pm #admin

Jeff,

Fax your insurer telling them to mail you the check. If they want to put in writing that they only send the check to the body shop, make a complaint to your state department of motor vehicles/consumer affairs and or department of insurance. Maybe the adjuster is getting kickbacks from the shop? You can make a complaint to the president of the insurer. And you can sue in court.

For those with lienholders, the insurer should still send the check to you, even if they put the lienholder on the check. Once you get the car repaired, the lienholder has to sign the check. Read your loan papers to see conditions about an insurance claim.
November 6th, 2009 at 6:24 pm #Cortley

Hello,

My car was hit in the school parking lot. I took the estimate to their insurance and i want to know if they will write me a check with my name on it and not the auto repair shops or if they will pay the shop directly? What if i don’t want to get it repaired, can i still get the estimate check for compensation? How can i get them to give me the money?
November 10th, 2009 at 1:24 pm #admin

Cortley,

They should make the check out to the owner of the car, you. And also possibly the lienholder if there is a loan on it in some states.
November 21st, 2009 at 1:41 am #michelle

hello, i bought an extended auto warranty (service contract) a couple months ago about 2 mos after buying it car started sounding a little rough so took it to dealer….. 6000.00 repair!!! bearings and crankshaft??!! car has less than 50,000 miles on it! claim was filed w/ext.warr co they then requested receipts for all maintenance done, turned in receipts, denied for no VIN number on them!!!! also say they are hand written (my oil change place is just a small independant owner he doesnt even have a computer system!) was told by ext warr cust service to take them back to shop and have vin put on them, did that and faxed in again.. still denied now because looks like date and odometer reading were altered!!!?? they r exact same!! just w/ vin added. can they really get away with this???? or should i get a lawyer??? please help!!!!!!!!!!!!!!
November 21st, 2009 at 1:48 am #michelle

forgot to add to the post above, i reviewed my contract and all it says is that receipts must be “verifiable” well thats a pretty broad category if u ask me, who the hell determines what the meaning of verifiable is, my receipts do have my name make model and year of car,date,odometer,name and number of shop, and the service that was done. says nothing about hand written receipts or what info is required on receipts for them to be verifiable! please let me know what u think, thanks to all!! i need my car back!!!!!!!
November 22nd, 2009 at 4:39 pm #admin

Michelle,
Too small for a lawyer. Go to small claims court and let the judge decide if the receipts are “verifiable”. I agree with you, they are verifiable. Makes no difference if they are written on toilet paper.

This is why, IMO, auto warranty insurance is worthless. You are actually lucky the only reasons for denial are such simple and unreasonable ones. Usually they dig out some buried fine print on page 21 of the contract to deny the claim.
January 8th, 2010 at 5:11 pm #Maite

Hi –

My husband crashed in to a pole, his fault. First estimate is MORE than what we owe on the car. We want to use the money to pay the car off. We are in Utah, is this legal? Will Allstate issue us the check? Or will they issue it to the Lien Holder and us. Or will they require that the check be made to a body shop and us?

Can we request that the check be made out to us and the lien holder, (if they won’t just make one out to us) then we can tell the lien holder to satisfy the loan and reimburse us for overpayment which we can then put towards repair?

let me know, thanks~
January 8th, 2010 at 5:25 pm #admin

Maite,

The insurer should make the check out to both of you, and the lien holder should reimburse you the money left over after the car is paid off. You are lucky if they paid more than the value of the car to repair it. Get the check first before they change their minds, then have them reissue the check if necessary.
January 8th, 2010 at 5:36 pm #maite

you are sooo quick and awesome! I’m gonna tell everyone about your site. Is it ok to post on my facebook page?Also one point of clarification the check is for MORE THAN what I owe not for than the car is worth. Is that still ok? Will the leinholder be ok with it? Will my insurance company view this as wrong or fraud? What happens when I don’t pay a deductible to a shop? Will my insurance company ask for proofof repair?
January 11th, 2010 at 6:32 pm #Shel

A tornAdo went through our neighborhood and did damage to our home. We were sent a third party check from insurance between us and the Lien holder. The lien holder kept over half and sent us a check for what was left to start the repairs. Before the natural diaster hit we were having financial difficulties and falling behind on our mortage. We got scared that if we started the repAirs with a contractor they wouldn’t give us the rest of the funds since we were behind on payments and we would be stuck another bill we Couldn’t afford to pAy off, so we used the money to move. Can we get in trouble for this?
January 12th, 2010 at 2:24 am #admin

Shel,

Unless your contract says you can’t do that, then I suspect the lien holder would just have to sue you to get the money back.

And they cannot apply insurance claim funds toward the principal. But if you abandon the house and loan, they may get to keep the money. Talk to a lawyer.
January 12th, 2010 at 2:53 am #admin

Maite,

I don’t know why you can’t post this website info on Facebook. Please do.

Your lien holder has to refund you any overpayment. And no its not insurance fraud. Its no different than if they paid you and there was no lien holder. They can’t put the body shop on the check if the lien holder is already listed.
January 13th, 2010 at 4:55 pm #mark

wife hit a deer last week. caused damage to brand new 2009 ford focus, insurance company told me I had to take it to one of thier repair shops. I did but told them I would get other estimates as well. next thing I now I get this very low estimate, aqnd a check made out to me. not enough to cover parts as I called dealer to check. so I went to another repair shop and got an estimate that was twice, what theirs was. also found much more damage then thier shop did as well. they have since agreed to except second bid. however now they want to make check out to me and the shop and only after shop completes repairs. My concern is if the repairs get done cheaper than the estimate. do I keep the extra or are they going to deduct it from ballanced owed. also why are they changing the rules just because I’m not using thier low bid repair shop. I also found out that thier repair shop gets parts a lot cheaper than most other repair shops. one more thing. being its a brand new car with less that 7,000 miles I don’t want cheap light weight after market parts. I want exactly what dealer parts came with. can I demand new parts and not cheap after market. thanks for your time in advance
January 15th, 2010 at 5:07 am #mark

update. second bid was excepted on phone , then they sent a adjuster out to look at my car. said they needed more pictures. fine with me. while she was their, she told me she was thier to give me a bid from safgeco. I said I already have a bid, she said this is the bid that safeco will pay. “no others period”. later that day she called to say that she had gotten hold of my shop, that I asked to do the work. she was able to get the work done cheaper and they agreed to work for $1.00 an hour cheaper on labor. also found parts a bit cheaper. which made her bid $250 cheaper. I thought that I didn’t have to go with what the insurance company demanded. also how can they go behind my back and make seperate deal’s with my shop. I will now have a shop that will be working on my car, that has the attitude that hey got screwed over by insurance company. so why do a good job, might as well cut corners where we can attitude. how can insurance company control so much of the process always to be in their favor. and if you don’t like it tuff.
January 19th, 2010 at 4:34 pm #admin

Hello Visitors who regularly monitor this website via RSS feeds or other methods. Due to the burden of increasing visitors with questions, your answers are needed. Questions will be posted, but Admin responses may now either be delayed, or even not given at all. Here is your chance to give back. Your involvement in the Discussion Forum page of this website is also desired. Thank you.
January 28th, 2010 at 8:14 am #Sunny

I am leasing a car and it is due to be returned in a few months. I side swiped a pole over a year ago and had plans to fix the damage myself instead of filing it with my insurance. Well I have not fixed the damage and now I wanted to know if it would be too late to file the claim with my insurance agency? I still have the same insurance agency from when the accident happened but for some dumb reason I did not want to file a claim with them then, but now I realize it would be cheaper to file a claim and pay the deductible then to pay for the entire thing myself.
January 29th, 2010 at 4:47 am #admin

Sunny,

Read the section in your policy on reporting the claim to see “exactly” how it is worded, and make up a dumb, but believable story for your delay. I think most policies will say report the claim “as soon as reasonably possible.” IMO, the insurer should not have to pay for any extra damages (eg rust) due to a delayed report.
February 12th, 2010 at 1:39 pm #Joe

Alright, my story is a bit complicated, but I’ll try to make this brief.

I was involved in an accident, in which a motorcycle stalled on the freeway, and drifted in front of my car. The police report states that the motorcyclist was at fault, and that I was not (“Driver Contributing” code for me was 0). However, his insurance company after giving me the runaround for months, finally decided that their insured “wasnt at fault” but they’d be willing to pay for up to half the value of my car, which they deemed totaled. When I brought up the police report, they said that it didnt matter because the police werent there at the time of the accident and that everything they testified to was just hearsay. My insurance agent seems to believe that there is nothing that I can do, but I highly doubt that. Can they legaly dissmiss the police report like that? How do I fight this?
February 14th, 2010 at 1:33 am #admin

Joe,

You didn’t say why they determined the motorcycle was not at fault.

If you have collision coverage, turn it in to your own insurer and let them fight it out with the other insurer. Your insurer will reimburse you your deductible when they collect back from the other insurer, and your premiums should not go up if you were indeed not at fault.

If you don’t have collision coverage, sue them in small claims court and see what the judge says. And try to get the 50% before going to court, without signing a release.

If the valuation of your total loss vehicle was low balled, get the eBook at UClaim.com entitled Total Loss Auto. It has a money back and information guarantee with free consultation with the author.

They may be right about the police report, if it is only based on statements.
February 23rd, 2010 at 2:08 pm #jennifer

Hello,

Last summer I took a week long vacation out of state and accidently left my ac on. Apon returning home I was greeted with a strong smell of mildew. My ac unit is in my laundry oom and had leaked submerging the floor and even into the ajoining living room damaging my livingroom set, boxes of clothes that were in my laundry room. At first I thouught my landlord would be liable but I was advised to file a claim w/ my insurance co. Long story short I made the mistake of disposing the items because of mold damge and for most of the items I do not have reciepts. I took pictures of the damge that was left. Since then I have filed a claim through my insurance and the progress is not really going anywhere. They have assigned an investigator to my cliam, and doing a little researcxh myself I know investigators are called in for suspicion of fraud and at this point I am not satisfied with the time wasted on the claim. Someone should have responded to my home immediately. Now it looks as if I’m commiting fraud. Any advice would be appreciated.
Thanks
Jennifer
February 24th, 2010 at 12:53 am #admin

Jennifer,

You can turn in claims with your insurer and the landlords insurer and see who pays first. It’s illegal in most states for an insurer to tell you to go make your claim with the other insurer, if its something that they could cover themselves.

And you need to get stuff in writing. I have not heard anything that sounds like fraud by you. If they can’t get the cops to arrest you for fraud, then they can’t deny your claim for fraud. Consider the eBook at UClaim.com entitled Insurance Claim Practices Laws, and if the claim is denied, get the eBook on Denied Home and Auto Claims. Most states require insurers to accept or deny a claim in 30 days, unless they keep telling the DOI they are still investigating. And let them do an EUO if they think you are lying.

And you may also consider hiring a public adjuster or attorney.
March 2nd, 2010 at 9:38 am #jennifer

Thanks for the response. I met w/ the “investigator” this past week and her attitude is very nast. I honestly got the impression she thinks I’m lying about the whole ordeal, asking for my pay stubs that I do not have anymore (at the time I purchased items I had 2 sources of income). My question now is can I possibaly amend my inventory list because I don’t have reciepts for every last item per her request. Like I explained before this issue has been going on for the past 7 months now and I feel as if im being worked against. I honestly feel like just withdrawing the whole thing. I’ve already replaced several items already. If I choose to withdraw how do I go about doing so? Thanks in advance.
Jennifer.
March 2nd, 2010 at 4:53 pm #admin

Jennifer,

Unless you have something to hide, like a fraudulent claim, then all you have to do is stick to your truthful story and keep demanding payment.

All they can do is drag it out for a year or two in hopes that you will just go away. It’s called “delay” and its the best weapon insurers have.

Is this the kind of example you want to set for your fellow visitors? Stick with it and bring us some good news when its over.
March 3rd, 2010 at 11:13 am #patricia keating

Hello,

A toilet in our home overflowed and did a fair amount of damage. The adjustor came the day after the flood and the water clean up company was there at the same time. The man from the water company told the adjustor that there was alot of water damage in three tiled bathroms and the kitchen. Since then, the water damage company has been able to dry almost everything and although we still have repairs they are quite a bit less than originally anticipated. The insurance company has sent me an estimate, based on the original estimated damage and a check for $60,000. I know it will not cost this much to repair the damage. What do I do with any excess?
March 3rd, 2010 at 11:51 pm #admin

Patricia,

Keep it. Sounds like you have a quality adjuster and or company. Not many of those these days.
March 17th, 2010 at 2:21 pm #marty

Hello,
My family & I lost our home this past October (Halloween). Our home was completly destroyed by a fire. My husband & I went through the EUO Feburary 23 & we still haven’t even received the copies of that to get them notarized. When the insurance company does answer our call, they still don’t know anything. I am so frustrated. Does anyone know how long they have to send you the copies of the EUO? The lawyers secretary finally called last week & said they still haven’t received it. I feel like we are getting jerked around & this is really taking a tow on me & my family. All advice would be appreciated.
March 20th, 2010 at 1:54 pm #admin

Marty,

It doesn’t matter if you are good citizens and were in Disneyland when the fire occurred, they can still run you though the ringer and encourage you to give up your claim. And they probably have “fraud indicators” (like late mortgage payments) if they are doing and EUO on you. You should have had the EUO transcripts within a week, so something is in the works. Probably your testimony did not match your husbands perfectly, and they are trying to figure how to deny the claim or get the district attorney to arrest you. If they can’t get you arrested, then don’t give up the fight.

If you can’t afford a good public adjuster and or attorney, get the eBooks at UClaim.com on Homeowner Property Loss Advice, Denied Homeowner and Businessowner Claims, and the one on EOU. And don’t be penny wise pound foolish by completely relying on “free” internet information. You will not beat an insurance company without professional guidance.
March 21st, 2010 at 9:31 pm #Jeff Harris

Hello,
I have an interesting situation. I was separated (now divorced) two years ago and i gave the current car i had to her and decided to buy another one, fearing a court decision to split duel property I decided to put the loan for my Tundra I was buying in my mothers name, along with the insurance and me listed as a secondary driver, though I was paying all costs. All that worked out well enough with the divorce but while visiting my mom one weekend two years ago she backed her car into the side of my Tundra twice, and then I let her use it last year to haul some stuff and she dented the driver side read quarter panel and broke the tail light with the trailer. The truck was covered and remains covered under comprehensive through USAA but neither time we filled a claim. I have paid the truck off and want to buy a Mercedes C240 so I’m thinking about filling a claim for indirect repair and selling the truck as is and using the combined money from the truck sale and insurance claim as a down payment. What I need to know is if the accident from two years ago and the accident from one year ago can still be claimed. Someone please help me out here. Thanks!=)
March 25th, 2010 at 6:24 am #Olumide Ibidapo

Under a money insurance policy, does a lien/first loss payee clause inserted on the carrier’s policy implies that in the event of a claim contribution will come to play between the insured’s (carrier) policy and the first loss payee’s money insurance.

Please i need clarification on this.

Thanks.
March 25th, 2010 at 6:34 am #Olumide Ibidapo

I work for a broking company and my client (bullion movement company) has a Money insurance policy having a lien clause/first loss payee clause (interest of the bank).

A loss occurred (armed robbery attack) and the adjuster is bringing in the principle of contribution between my client’s policy and the bank’s own in his adjustment.

Does the first loss payee clause on my client’s policy makes contribution to take place between my client’s policy and the bank’s insurance policy?
March 26th, 2010 at 11:33 am #admin

Olumide,

Very unusual claim for the people here.

If your policy is not clear on this, ask the agent and adjuster for more explanation. Then get an attorney’s opinion of the policy wording and law on this. Check findlaw.com. I don’t know if they cover non USA countries (you sound non USA).

You are welcome to scan and email a copy of all or part of your policy to info@insuranceclaimhelp.org for us to look at.
April 24th, 2010 at 2:47 am #BJN

Hello and thank you in advance for your advice. In case it matters, I am in New Mexico. I was hit in a parking lot where the driver took off and did not leave a note. The insurance company agreed to pay the claim under my uninsured motorist property policy. The car has a leinholder. The insurance company said they will only issue the check as a two party check to either me and the shop or me and the leinholder. The vehicle is worth about $10,000 but the balance on the loan is only about $2300. The claim amount is for $2000. My question is, do I have the option of refusing the repair and signing the check and having the leinholder apply the balance toward my loan balance? Is this possible? What if the circumstances changed a bit. What if I were to make a payment on the loan so that the only balance due on the loan was $2000, the same as the insurance check. Would they then allow me to post it toward the loan balance? In this situation, the vehicle would be paid off and therefore the bank would have no legal right to require that the damage be repaired because they are no longer part owner. I look forward to your answer and hope I have been clear in my request. Thank you!
April 24th, 2010 at 7:14 pm #elaine

If a claim was filed to replace your roof for hail damage and the check was cashed but roof was not replaired do to extinuateing circumstances; can another claimed be filed for the same thing 3-5yrs later?
April 26th, 2010 at 3:40 pm #admin

BJN,

Tell them to make the check out to you and the leinholder, add your own check for $300.00 and mail it to the leinholder. They should then mail you the title. But of course, check this with the leinholder first. They may have some “fee” in fine print on page 448 that charges you for a prepayment penalty or other BS.
April 26th, 2010 at 3:43 pm #admin

Elaine,

Sure, you can file another claim. But they may add a deduction for depreciation in the amount of the prior claim payment. Or they may just deduct it completely. But if you have new damage mixed with the old, they may cover it all again if you have RCV.
May 28th, 2010 at 4:27 pm #Damon

The Situation:
I filed an insurance claim on some computers that I thought were damaged in an ice storm that came through my area this past winter. (One was a regular usage computer, and two were backups that I keep plugged in until I have a need for the information that is on them, which is very seldom.) When I sent the computers in to be diagnosed I found out that I needed to replace one power adapter, one mother board and one power adapter and mother board. I replaced the one power adapter on my own, and continued the claim with the other two computers. When I got the computers back from the repair place I sent in the information to my insurance company, they sent out a claims person to collect the computers. He asked questions and took pictures of the computers. (One of the questions was were the computers “powered up”. I took this as plugged in, where as he meant turned on and being used at the time. To this question I had answered yes.) Before I released the computers to him I had to erase the hard drives, due to personal school information as well as military related information that was on them. (SSN #’s, military personnel documents, Etc.) They kept the computers for around a month, then called and told me that one of the computers had not worked for about a year. The insurance company asked if I wanted to continue with the claim or if I wanted to cancel the claim. Because of the time it had taken to get any information back I had already purchased a new laptop for school, so I told them to just cancel the claim. I was told that they would cancel the claim for me and my case would then be closed and my computers returned. Approximately three weeks later I got a letter in the mail and the next day a certified letter that gave me the impression that they were trying to charge me with insurance fraud. The letter also contained a contact number, which I contacted the next day. The contact from the insurance company told me that it was not classified as fraud, but a misrepresentation of information. He also insured me that there was not any punitive or legal implications that would come about from it. He also got some answers to other questions that I had asked him as well. A few days later my wife got the computers back from the same claims person as when I sent them in. After that we heard nothing about the claim and it was taken off of our insurance page online, but continued to have a processing status. About a two days ago I got locked out of my online account, which contains my insurance, as well as my banking, and all of my bill paying. When I called to get an answer as to why the representative said that due to our recent insurance claim we forfeit our relationship with the company for insurance as well as online access. At this point I was given the number to the same contact that I had from the certified letters. He again assured me that I was not being charged with any legal actions, but did also confirm that I lost all of my insurance (auto, renters, and life) and online privileges with the company. He also checked to see if I had gotten the computers back, which informed him that I did. (I had tried to make a claim for a computer in the past with the same company, but did not receive any paperwork from them, likewise I never sent them any information about the computer and ended up replacing it on my own due to time constraints on when I needed the new computer by. There was no money paid out for the previous claim, due to the fact that it didn’t make it to a processing status.)

The Question:
Should I be concerned about the actions that my insurance company is taking or is this normal for a denied claim? The information that I am getting from the point of contact that I have been given seems to be contradicting the actions that I am seeing the company taking. Also how does a denied claim effect my ability to get insurance through another company now that I have lost insurance from this company.
June 21st, 2010 at 9:29 pm #Kyle

I took hail damage to my home in May, my adjuster came out and did an inspection, gave it to me and I sent it in. Two weeks later, check arrives, Myself, my wife, and Mortgage company endorse said check. I look for additional guidance from mortgage company, its your $ was the answer, I look for additional guidance from insurance company, same response. Now Im trying to find a contractor to do the work and they all want to know what the check was for, and thats their magic number. When I refuse to release the amount to them they treat me like Im doing something shady. Am I doing something illegal, I see it as the bank seems to be good with it, insurance too, if I spend the time getting a good price, and keep the additional money, am I breaking the law?
June 22nd, 2010 at 10:20 am #admin

kyle,
Its none of the contractors business if you are paying for it with your own check or cash. Don’t call the ones in the phone book listed under fire or water damage restoration. Most are loyal to insurers anyway.
June 22nd, 2010 at 10:26 am #admin

Can some of you savy visitors give Kyle a little more practical advice than my ranting editorial?
June 22nd, 2010 at 3:44 pm #TB

HI,
i was in an accident and with a foreign driver(who can not be located). i was forced to settle with my insurance carrier and now i have so many medical bills(Which want get paid if the health insurance get reimbursed) . My attorney wants to reimburse my health insurance carrier that i used at the time of the accident. I don’t want to i prefer to deal with the matter in my own way. She keeps telling me by law i have to reimburse them or they can come after her or her licenses can be suspended if she gives me the money rather than paying them. I feel like i can negotiate with them on my own. When i called the health insurance company the first thing i was asked was if i had received a letter from them about an lien. I haven’t received one nor has the attorney received one. I know that the company might want there money but i don’t see why i cant get the attorney to release the money to me and I’ll deal with them myself. I was even trying to give my attorney a letter stating that i am aware of the lien and will deal with it myself and relieve her of any responsibility for it.
June 23rd, 2010 at 10:17 am #admin

Can anyone help TB?

For starters, I’d say ask the attorney to provide you with a written copy of the documents and or law that would make her liable for giving you the money to pay the medical bills.
June 29th, 2010 at 4:55 pm #ajones

I have a few questions and I hope you can help. I just file an insurance clain for vandalism. The insurance company honorred my claim but do I have proscute the defendant? Will the insurance company require me to return the funds issued out to me because I decided to drop charges? Can the insurance company overturn their decision to approve this claim and reject it? Please help thank you!
June 30th, 2010 at 2:04 pm #Bruce

I live in California and recently my car was broken into and parts were stolen from it. I filed a comprehensive claim with the insurance company and they agreed to pay for the damage. The damage was around 6000 estimated by a shop. Now my question is I am the primary driver of the car and my wife’s name is under the policy. My daughter is the owner of the vehicle (registration and pays the loan). She still owes 2 or 3 grand on the loan. Who will the insurance company make the payment out to? Thanks
July 1st, 2010 at 8:29 am #admin

Bruce,
Probably to your wife and the shop or bank.
July 9th, 2010 at 11:58 am #Randy

Insurance company filed 2 claims against me when only one was paid. First claim: Lost one roof cap shingle had small amount of rain damage,adjuster quote was below deductable,did not use insurance.
Second claim: while looking at first claim roofer said there was alot of hail damage,had adjuster back out and filed for new roof @ around $9000.00. New roof put on insurance went up as expected,but found out one year later (just now) insurance filed $5000.00 on first claim I didn’t use and $4000.00 on second claim,giving me two claims on my record costing me Money by having two claims instead of one. I would call this Insurance fraud. Initial Ins. $516.00 annual now $839.00 annual 61% increase in 7yrs.
July 12th, 2010 at 11:32 am #admin

Randy,
I’m confused. Did you get $9,000 or $4,000?

Underwriting guidelines vary from company to company. Even if there is “fraud”, its not worth fighting in your case. But if you have the time, then try to clear your claim record by being a squeeky wheel.

61% increase in the last 7 years is low even with no claims on your record. Just shop for another insurer if you don’t like your current one. They are all ripping us off on premiums. But hey, that’s what the majority of Americans want, a “free” economy run by monopolies and price fixing corporations.
July 20th, 2010 at 7:48 am #cassandra

i had a very bad storm come through last month and destroyed my roof and siding and gutters, i made a claim through the insurance company and an adjuster cam out 2 weeks later, a tornado had hit our area two days before this, i have called the insurance company every day since my claim, letting them know that we are bing hit by storm after storm, and i need to know whats going on with this claim, to start repairs, i received no call back from the person taking care of my claim, this morning i finally got a ahold of the adjuster stating that it seems to have been deteriorating damage done to my home over time, and i would have had to make a claim for every storm that has hit, my gutters and siding are covered, but its the same price as my ded (500) so its a wash, is this possible for them to do? i have water damage in my house now, and i need these repairs done, which i cannot afford on my own, and it has taken them a month to get back to me, what can i do, this damage has been from storm after storm, and i feel they should pay the claim, especially taking so long to even let me know whats going on, as my house gets worse, please if you have any adise please let me know
July 20th, 2010 at 7:51 am #cassandra

p.s. they told me my claim for the roof was denied, because of deteriorating damage, and then asked me if i had any pics of the roof before the storms came through
July 22nd, 2010 at 6:53 pm #Janice Lewis

I have AAA insurance and I was hit by a uninsured drunk motorist. My car was totaled, My foot was broken and I have to have surgery to repair it along with physical therapy and a lot of lost work. What can I expect to get on an average if I sue? Do I really need an attorney or will AAA settlement be fair enough? How do they measure my pain and suffering? How does this uninsured motorist law work???
July 26th, 2010 at 8:26 pm #Shannon

I live in Montana and we had a horrible hail storm on June 30th. State Farm set up a catastrophe claims center here in Bozeman to deal with all of the claims. My car has numerous (a 2004 Malibu) dents in the roof, hood, trunk, driver’s side panels, and a cracked windshield. It was determined to be a total loss. The adjusters at the claims center said that there was probably $7500 – $8500 in damage, and the car is only worth $6400. I was sort of expecting it to be a total loss. The problem is that I still owe my financing company $6500 on the vehicle. My financing company wants me to take the amount offered by State Farm ($5900) and surrender the vehicle. This would leave me without a viable means of transportation, (I have a bike, but when winter hits, that’s not an option), and I would still owe $600 for a car of which I am no longer in possession. The car is still in perfect working condition – it has never had any engine problems, only has 77,700 miles, and I have the oil and fluids changed regularly. It’s just really dimpled now. My other option is to buy it back from the insurance company as a salvage vehicle for about $1300 and take the difference ($4500) and apply it to the loan. I would keep the car, but would be unable to repair it. My financing company, however, will not allow that. They will not keep a title on a salvaged vehicle. In the state of Montana, however, a title is only branded if the vehicle is less than 5 years old. Can they refuse to keep the title for that reason, if the title is not branded as a salvaged vehicle? Additionally, when I asked if there was a way to get a quote for a different salvage price, the State Farm rep told me that they can’t negotiate salvage amounts and that there is no way to get a quote from any other salvage company. When I spoke to a local agent, however, he told me that they did just that with someone else’s totaled car. I can get a loan for the difference between the amount I would receive from State Farm if the car was salvaged and the amount I owe, but if it can be salvaged for less, I’ll receive more money and will therefore be able to get a smaller loan to pay off the first loan and make a few repairs to the vehicle (a new windshield, maybe hammer out a few of the bigger dents.) I feel like both parties (the financing company and State Farm) are not being entirely truthful with me. What is your take?
Thanks in advance!
August 17th, 2010 at 8:38 pm #admin

Janice,

Your “pain and suffering” will bring you 2 to 4 times the amount of your “special” damages depending on whether you would be likable or dislikable to a jury. Now an adjuster knows a lawyer knows this, but you don’t, so he may low ball you. A skilled lawyer also knows how to legally “build the medical bills”. If you handle it yourself, go to the attorney and tell him he can have half of the amount over what you were already offered. If you have a serious injury involving months or years of recovery or permanent injury, get a lawyer.
August 17th, 2010 at 8:40 pm #admin

Shannon,

You have a better chance of getting an answer if you condense your comments.
August 17th, 2010 at 11:59 pm #Janice

My uninsurance motorist coverage is 25k. Is it possible to get more than that? I was hit by a drunk driver with no license and totaled my car. I broke my heel bone, have some ankle damage, and headaches everyday. Can I sue AAA for more then 25k or is that all I can get? What am I intitles to?
September 9th, 2010 at 6:16 am #Jim Reece

A friend had lost a diamond ring and the insurance paid the claim. The ring was found six months later. Should the recovery of the ring be reported to the insurance company? Would the money have to be repaid to the insurance company ?
September 9th, 2010 at 11:35 am #Ang

Hi there. So. I was in an MVA. both cars were totaled. It took a year for my recovery, and now my place of work says they don’t have an opening for me. The insurance co is paying my wages still, and is requiring me to look for jobs and also has me keep all my job data information and send it to them every 30 days. Now that is fine, but last month they told me I needed to look for 1 everyday-which I was anyway, now this month they want 5 everyday. I don’t qualify for half of the jobs out there today, because they all require schooling. What is the laws on this, or is there any? Some days I was getting up to 3, but 5-every day?
September 15th, 2010 at 12:59 pm #Jessica jackson

Hi I was wondering about a few things…here recently we were involved in a wreck and the other insurance company never let us know what the estamites were gonna be to fix the other car now they are trying to make us pay for things that didn’t even happen in the wreck…is there anything we can do?
The other insurance company has done payed the bill and are now saying because they have already payed to fix the other car that we have to pay for everything fixed even though it wasn’t damaged in the wreck
September 22nd, 2010 at 3:04 pm #Ms. P

A bank account has been opened to help out with expenses for an individual and her child who were involved in a car wreck. The individual & child (and spouse who was not involved in accident) are insured. Can the insurance company deny claim payments if the bank account was set up for the purpose of helping with medical and other miscellaneous expenses?
September 25th, 2010 at 4:44 am #Gus B.

Brief Description:
I was rear ended while driving home w my wife in the carpool lanes, I saw this lady driving -by herself- behind me for several miles, but speed build up a bit and then stop, which I did, but she didn’t… my car was declare total loss and my insurance co. pay for it…but the other insurance company denied all claims based on the police report. The lady who hit me lied to the cop and he believed her! She said that she was driving on the regular lanes when “someone” hit her from the side causing her to cross into the carpool lanes then bumping into me. The cop names it as a hit and run (3rd party fault)…I’m stuck with 1 ½ mo of loss wages, medical bills and my deductible…Can I sue in small claims? Who do I sue?…THANKS!
October 5th, 2010 at 5:16 am #Tamany

I was recently rear-ended while in a traffic jam in PA. The driver accepted responsibility at the scene; however, when she called her insurance company, she claimed that she was rear-ended by someone else and pushed into me. She didn’t mention this at the time and didn’t even get out of the car to see if someone hit her. There was no one close to her when I got out of my car to see what happened. We did not contact the police because both cars were only slightly damaged, but we did exchange insurance information. Her insurance company is siding with her indicating that someone pushed her into me. Is there anything I can do? Would she still be responsible for fixing my car since she hit me?
October 16th, 2010 at 4:45 pm #DeniseJ

I got insurance for my car and was told that when when my daughter was driving my van that caught on fire Progressive had a at-fault accident on my daughters record, well I told Progressive that there wasn’t a ticket or anything that she could of have done because Dodge Vans have a habit of burning because of the fuel rail, well it is time to re-new this insurance, have had Progressive for at least 20 years and they have treated me right until I received this message on my daughters name, under $1,000.00 comprehensive claim now. She never got a ticket, I called Progressive to make sure that I was covered if the fire department issued me a bill, well received no bill, Progressive can’t prove to me or anyone that they paid anything to put this on her record, can they do this to a college student taking Pre-Law or anyone else that has had this happen?
October 25th, 2010 at 12:52 pm #Richard

I made 3 inquiries over time to my insurance company regarding damages but had all three repaired for free or minimal cost to me and never had an adjuster come out or received any money for damages. My agent and the company say these are “claims” which is blocking my acceptance to another carrier. Two people at the FL Insurance Commission tell me these are only “inquiries” as no money was paid out and this should not affect my rating.
Who is right and what should I do?
October 25th, 2010 at 8:27 pm #David

In 2005 I had two auto insurance claim checks issued for hail damage to a truck I had fineanced at the time. The checks were lost in the shuffle during a difficult financial situation that resulted in my surrendering the truck to be put up for auction to pay off the loan amount on the vehicle before I had a chance to have the damage repaired.. The negative amount remaing after it was sold at auction was rolled into my Chapter 13 repayment plan. I recently found these two checks and wanted to look into having them re-issued from the insurance claims dept. They said they would have to re-issue them to me and the bank that once held the lein. Since that bank no longer has a lein on the vehicle or any interest in it how would I go about getting the new checks endorsed over to me since “I” was the one who took the loss at auction for the hail damage and “I” was the one who made all the insurance payments for all those years I owned the truck??? It seems like the checks would have to be made out to me since there is no lein on the vehicle and niether the bank or myself own it any longer. Please point me in the right direction….

Many thanks!!!
November 19th, 2010 at 12:52 am #Sharon Holman

I filed a claim for a theft of my jewelry and was denied by State Farm stating fraud and misrepresentation. They stated things that I had said in my sworn statement. However when speaking to the Insurance Division of Oregon they told me that they didn’t get their information from my statements but were reasons in a “confidential” file which they said I had no right to see as it is work product. I know that there is nothing that they could have possibly found fraud because there simply was none. My question is I am suing them in small claims court. Do I have a right to get these so called “confidential” files by subpoena or not? It is like they are saying “we are going to call you fraudulent but we are not going to tell you anything about how we came to that conclusion. S.
November 23rd, 2010 at 12:25 am #Edward

Hi guys I would like to know if it possible for me to get out of an insurance claim against me if it was my fault?
November 23rd, 2010 at 9:07 am #helen

Hi,
My car was hit in a parking lot while it was parked. The person who hit it was backing out and hit my car on the rear quarter panel on the passenger side. I had two estimates done. One was around 2,500 and one was 3,500. The adjustor looked at it today and told me he would give us 962. The car on blue book at only fair condition is 2,475. The estimate he gave me is 1,500 dollars less than the lowest estimate. Is there something i can do because that is just not enough.
November 23rd, 2010 at 4:03 pm #admin

No simple answer, but some contributors here may have some good general advice. For all the strategies on how to deal with this, get an eBook entitled Total Loss Auto at http://www.UClaim.com with money back guarantee.
November 30th, 2010 at 7:20 pm #Adam

Okay so here is my situation,

I recently got rear-ended and it wasn’t my fault. I got all the guys information down and filed a claim with his insurance company.

I filed a claim to an insurance company(to the persons that hit me insurance) and they accepted it, I talked to them and everything was going good until i couldnt get a hold of the agent. I kept trying and nothing.
Then recently i got a letter saying they had closed the claim because they couldn’t reach the person that hit me, which was THIER customer. I don’t know what to do now and don’t want to file a claim through my insurance.
I have thought about calling back and threatening them with a lawyer if they dont open the case, by taking them to small claims court.
I don think its fair that they couldnt reach thier customer and are closing my case cause its thier fault.

I would like to know what my real options are and which are the best, and also if thier is any possibility of taking them to court for malpractice (or something of that nature).

Oh and i would also like to know if there are any time constraints to filing, i heard it was a year for a claim.
Thank you for time.
December 2nd, 2010 at 10:23 am #stacey

I was rear ended 4 months ago and i made a claim with my insurance. They wrote the check out for me and I cashed it. Instead of paying a lot of money to fix it, I had someone repair it and kept the rest of the money. recently I was rear ended again. If I make a claim again and have it fixed, is this insurance faud?
December 11th, 2010 at 10:44 am #John

Hail storm damaged our vinyl siding. When we held up the NEW siding next to the old there was a very noticeable difference in color fading. Since all sides of the home were damaged in here and there replacing just the damaged pieces make the color difference stand out. Should the Insurance company then replace all the siding? I live in Montana and the contractor stated that it was a MT law that the insurance company had to replace it all if it did not match correctly.
January 3rd, 2011 at 4:22 am #steve

I settled with the company, and ran into some serious trouble with money income. i am not eligible for state assistance at all, so i was considering putting my credit score down a bit and skipping the 1200 dollar bill for physical therapy until i can pay it off in full. am i looking at any jail type problems? or is it the usual take me to court, I dont show they win, and i owe them money kind of thing. i know that it is dead beatish, but i need a roof over my head. the bills are very real. they havent sent the check out yet, can i ask for more money? i have signed no paperwork stating a settlement i just agreed over the phone, but now that my situation has worsened i feel i need a little more, thus me using the med bills to just barely scrape by.
February 2nd, 2011 at 10:52 pm #jcool123

once a claim adjuster has came out and got my statement, how long should i wait until i contact them about the decision. on my claim.?
February 21st, 2011 at 9:38 am #gloria christenbury

ihi, i’m having insurance hell my husband was in a wreck we both have geico,my husband was pulling out of a parking lot going to the left,a 2 ton dump/water utility truck was attempted to pull in ,he waved my husband out,the car behind the truck came around the truck and hit my husband head on.east right,no,the police report is wrong he has our vehicle pullong out going right ,stating we pulled out in front of the other vehicle which isnt even close..our complete vehicles front end is damaged point of impact front driver grill with damage going across the whole front no panel damage..our was towed the others not..there stating were at fault,to top it off we had full coverage just renewed 2 days prior.i called the day befor the wreck to have the lien holder removed and to verify the other car on the policy only had liablity,well there saying i had full coverage removed to just liability which is not the case my premium was payed for full coverage next payment isnt due til 3/12,dont they have to honor full coverage please i need help.i dont want to fall prey and be the underdog.someone should have to pay my vehicle was just payed off.
February 25th, 2011 at 9:31 am #Bobbie Walenciak

My car was totaled in a car wreck. My can they double my deductable insurance wants to deduct double my deductable as the car had hail damage and we did not file a claim on the hail damage, which means they can double the amount of my deductable as if we would have filed a claim we would have had to pay the deductable, I live in Oklahoma.
February 28th, 2011 at 3:46 pm #Brad

If you own your vehicle outrite can I have my mechanic repair it? I own the vehicle and the adjuster wants to make the check out to me and the shop! What should I tell him!
March 7th, 2011 at 2:51 pm #Tabitha

My hot water heater burst and did major damage to my home. The adjuster came out and is wanting to replace cabinets, flooring, drywall, etc. My contractor said the dry wall did not get wet and does not need replacing, some for my cabinets. My question is if we do not replace the dry wall and cabinets, but accept the insurance money and 5 years down the road something samiliar happens and cabinets, etc needs replacing are we covered by our insurance because we did not replace them the first time.
March 13th, 2011 at 7:00 am #march1

Okay was having lunch couple of weeks ago, all of a sudden over the speakers they announce. If someone has a black jeep please come to the front. I go up to the front they tells me someone hit your car. I go outside see my back light busted and my trunk dent. A nice gentlemen tells me I seen someone hit your car then leave. I went to the owner and ask can you look on you camers and see who could have hit me. The owners tell me I can, i go back and sit at the table waiting for the owner come and tell me if he seen anyone. About 15 mins or so a gentlemen walks in, I remember this gentlemen sitting behind me earlier. He comes over to tell me that he hit my truck, but he thought a box had fell and that was the noise. He gives me his business card telling me to call his accountant and they will take care everything. The owner then came back out and ask me did they guy talk to me. I told him yes and then I thank they guy who came inside to tell about the accident. Now to make a long story short, my car is paid off I own it. I called the company went and got my two estimates, sent them in. I asked the accountant can you make the check out to me. She told me that their insurance guy told them that he could not do that. But she would see, I told her to call me either way, she went on and send me they check with the car repair name and my name jointly on the check, I then called her and told her no I will not cash this check, because I want it in my name, the check is not from the insurance company it’s from the company. How should I handle this problem.
March 23rd, 2011 at 12:47 pm #nevaehsmom2011

I have a estimate from my insurance company but I can get it fixed for less then the estimate. The insurance company is going to send me the check made out the the body shop. Do they get to keep the remaining balance ? Or do I get it? Or is it returned to the insurance company. I have a lien on the car.
March 30th, 2011 at 7:11 pm #BadLuckTruck

My parents purchased an Escalade from a private party in 2006. I then purchased the Escalade from my parents and registered it in California. I still owe them money for the truck. In 2010, my wife got rear ended while in the Escalede. A claim was made and the Escalade was fixed. A few weeks later, I got a phone call from the Police Department and the National Insurance Crime Bureau. They informed me the Escalade I had in my possession was a stolen vehicle. It was a clone. There was another truck with the same VIN. They took the truck from me. Now I do not have a truck and still have to pay a loan. I had full coverage insurance and made a claim with the insurance company. They denied my claim. Is there some kind of Civil Code that protects me?
April 6th, 2011 at 4:18 pm #Deborah

We have a Audi s4, We hit a large boulder and received $3500 from the insurance we paid the $500 deductible. we still have a loan on our car with a credit union, we still owe $3200 on the loan the check was made out to my husband first then the bank they are telling us that they want a estimate for repairs which we gave to them but now they are saying they wont give us the the money for the check as they want to keep the check then write out checks for the shops we that will fix the car. my husband is a mechanic and the only way we can get all the repairs done is for him to fix it himself the parts alone are $3800 can we do this ??? can we get them to deposit the check into our account to fix the car?? This is our only car and we need it repaired.
April 7th, 2011 at 7:43 pm #crystal

i have a car with a lien holder. I hit a deer and called in a claim. I provided two estimates and left car at a shop of my choice. The adjuster cut a check for me and lienholder. The lienholder told me i was to bring the check down and sign it over then when the work was done they would decide how the funds would be disburst. is this right?? I never had this happen..
April 12th, 2011 at 1:08 am #Mike

Hi
I have extensive wind damage to my roof. The adjuster came and barely climbed a ladder on the corner that basically only has felt left. He is only giving me about 1/4 of the original estimate (I have full replacement value if work is done via my policy). How can he not offer full replacement if he does not inspect roof?
Thanks!
April 12th, 2011 at 5:04 pm #Alicia M

My former apartment complex is charging me for something they received insurance money to replace. Is this legal?

Just before I moved into my former apartment, the apartment complex put down brand new carpet, but the cleaning lady dripped bleach onto the carpet in two rooms (she put it on the ceiling fans and it dripped down to the carpet.) The manager told me the cleaning lady’s insurance was paying to replace the carpet. I had already moved in and didn’t want to move my stuff out so the carpet could be replaced. I asked the manager if they could just put that money towards replacing the carpet after I moved out. Unfortunately, the manager changed while I lived there. Fast forward to my move out 19 months later. I am being charged for carpet because my dog left a stain.

Can they legally charge me for carpet they already have been paid by insurance to replace? They are charging me for new carpet and disposing the old carpet.
April 17th, 2011 at 6:02 pm #CG

my truck was stolen in december and i have yet to be paid for that claim they are stringing this along they have everything keys, title etc and it it’s seem they still wanna play games and as of january all investigations have been completed what can or should i do now it’s going on 120 days (suppose to take 90 days).
April 20th, 2011 at 6:07 pm #peggy

my daughter was driving and a car hit her and another driver and totaled my car. One of the other drivers that was hit spoke to the person who casued the accident. That person left the scene before the police got there. In short the owner of the car told insurance car was stolen, but police did not take the report after the fact. Adjuster lied several times regarding the case.Now they are saying they wont pay cause driver was not identified. Not identified because police have not done a line up yet. What can we do?
April 20th, 2011 at 6:20 pm #peggy

Adding on to car accident. 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. After calling her back to check on police report #, then she said their was no stolen report filed that they received certified letter from their client saying car was stolen. After a couple of weeks the story from adjuster said they never said they wouldn’t pay and needed 30 more days to get the report. a month later called and they said not paying due to driver not identified in police report.
April 22nd, 2011 at 12:34 pm #mr m

I bought a policy from geico the sales rep was nice at the process I asked him I was living with my girlfriend and had been for a while if i could qualify for the marriage discount he said sure well guess what now i got a claim my car was vandelized AND they are sayinfg i did an unlawful act so what can i do cause they dont want to pay my claim and I dont even know if im coverd they lied to me and now i gotta pay the consequences any advice need it asap
April 25th, 2011 at 2:01 pm #Peggy

Daughter was hit and totaled car and driver left before police got there, but their car was at the scene. The insured according to adjuster 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 insured name was not on the police report at time of accident. Another victim in the accident also can identify the driver as he spoke with her. Can insurance deny my claim for this reason? Should I sue

Also adjuster told 2 different stories as related in previous email sent regarding this case.
April 28th, 2011 at 9:33 am #Shawn

I had a bucket of oil based paint spill in my home…the paint did major damage to the stairs as well as the hardwood flooring upstairs (which is continuious throughout the upstairs…my foyer area (marble) and front door got damaged from the paint spill…now my insurance company is looking for the cheapest cost which seems to be sanding the everything and this is something every floor specialist I had come check out the damage said wasn’t possible due to the floor as well as the oil paint…but the insurance sent out a guy who said “we can sand everything and if we get to a point where we need to replace the wood…we’ll just bill the insurance company…I informed my insurance company i rather have a check written to me for the replacement of all the wood and everything else that was damaged…do I have a valid point…because I told them I’m not using the guys they sent over…but the guy who always worked on my home…who said the floors need to be replaced…
April 28th, 2011 at 4:44 pm #Richard

I recieved hail damage last spring on my vehicle. We still hadn’t closed the claim with the insurance company and now we recieve more hail damage. We got it adjusted again and now the insurance company is trying to say that our first claim is closed and are subtraction the first claim amount from the new and making us pay the deductible twice. Shouldn’t they make it one claim and make us pay only one deductilble since the hail was never fixed the first time and shouldn’t we have been notified that the first one was being closed? We are in nebraska if this helps.
April 28th, 2011 at 9:01 pm #Kelly

I lost my house and contents in the Hawaii tsunami 2011. I had flood insurance, everything has been processed but the insurance company is giving me the run around and not sending me the check(s). Is there a law that prohibits insurance companies (this is Flood Insurance so it is through the National Flood Isurance Program – FEMA) from withholding funds?
May 12th, 2011 at 2:38 pm #Scott

Hi there,
My wife an I were victims of attempted auto theft. Progreessive came, inspected and did a great job on the adjusting part. We have a problem with our lien holder. They want us to mail them the check and they will pay fo rthe repairs after they are done. Well things don’t work that wya in my neck of the woods. Here we pay a sum up fron then the rest after the job is done. Our bank which is 3 states away, will not budge and only get mouthy or hang up on us. What can we do and who can we report this to? Please help…
May 16th, 2011 at 4:43 pm #Blake Walters

Hi,
I had several items stolen from my vehicle, including a $2250.00 stereo gps head unit. The thieves damaged a lot of the dash and some ac parts behind the dash. Insurance is covering all but the 1000 dollar deductible. I’ve heard that they normally send you a replacement stereo and a voucher for installation at a local shop. Can I request a check for the damages and stolen items. If I do request the check, are they required to do that. Of course minus the $1000 deductible.
May 18th, 2011 at 10:29 am #Melanie Hansen

I recently had hail damage to my vehicle. The insurance company wants to total it. I still have a loan on the vehicle. Can I use the money left over after the lien is paid off to buy the vehicle back? Farm Bureau or Tennessee Farmers are not completely answering my question on that issue. I want to buy back the vehicle.
May 20th, 2011 at 1:09 pm #Steven

When you file a claim with USAA, do you have to use the money towardes repairs? Or can you just keep the money and decide not to get work done on your vehicle? Im currently in some debt i need to get rid of and my claim for fixing my car for hail damage would help clear my debt, is it possible to not get my car repaired and use the money towards the debt?? or not please help me…
May 20th, 2011 at 1:12 pm #Steven

They are goin to direct deposit the money straight into my account also, soo yeah, lol, can i spend it on clearing the debt?????
May 21st, 2011 at 12:25 pm #peggy

Is this site even being answered anymore. If not, I wish someone would say so
May 23rd, 2011 at 1:30 am #admin

Peggy,

Try your questions on the Auto Insurance Claims page.
May 26th, 2011 at 5:47 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?
June 20th, 2011 at 7:42 pm #Kelli

I found a old check from my old auto ins. is thereachance they would re senda new one?
June 27th, 2011 at 5:43 pm #scott

i live in ohio and had a hail storm come through. had both cars, camper and house hit pretty hard. will ohio insurance companies cut a check to me if I repair the damage to the house myself? my mortgage company is going to hold the money in escrow and only give out 1/3 at a time. that wont even cover the roof replacement. the amount insurance gave me wont come close to covering damages. i am not comfortable with having contractors dealing with the insurance directly. what can i do?
June 27th, 2011 at 8:52 pm #sandra lytle

I have sighned a release form for Farmers over 10 days ago. faxed and filed.
The adjuster seems to be doing everything but giving the checks to my attorney
farmers tendered the full amount over four months ago. Every thing has been done
the lady at the farmers office told my attorney the checks were ordered over two weeks ago.
I am in financial despair and would like to know if there is a legal window on the adjuster paying me after I have already sighned a release
July 4th, 2011 at 12:11 pm #Sean

I have a question is it legal or possible for an automobile Insurance Company to deny/ refuse to pay a claim? I will explain:
I am the owner of a vehicle insured with (Pres insurance just for reference sake) which was in an accident with another vehicle insured with (Tat insurance for reference sake). Now I went through all the process of reporting accident, vehicle estimate, etc. Now I am claiming from the other person vehicle insurance, Tat insurance. The thing is the police ruled that the other driver was wrong but for some reason, Tat insurance claims that they did there personal investigation and that they stand on the ground that their driver was not responsible so my claim is denied. Is this even legal? Who governs whether who is right and wrong, not the police?
July 5th, 2011 at 1:36 pm #maria carmona

HI my name is maria i filed a calim with my insurance because my car was towed and the towing company charged me $110.00,my insurance company told me that they were going to refund me $75.00 because that is the only amount i qualified for so the check was issued on may 20th and today is the 5th and i havent received it so i called and they told me that it was sent and cashed on May 29th but i never received and now they are telling me that there is nothing they can do because the check was cashed what can i do.I told them that i can provide them with an affidavit stating that i never cashed the check please help
July 10th, 2011 at 7:48 pm #Si in Maine

My parked car was hit by insured lm. 2005 outlander xls AWD with high book value $10,500 and low trade in about $6000 car has 108,250 miles. first estimate $6000 first supplement $850 Second supplement $675 it was put on the alighnment machine and now needs a rear crossmember for I am guessing $700 plus. I called the main office of liberty and they havent seen anything for supplements 3 and 4 but there local appraiser has been ok ing the repairs. At the begining the appraiser at the body shop thought my car value was $8500 so thats why they where not gonna total it. After 1 supplement I asked the liberty appraiser why it wasnt considered totaled and he said it was worth $10500 on KBB after 2nd he said it was still under the total ratio ,then this last one I called main office of liberty and I spoke with a lady in the totaled division and we chatted then she asked how many miles on it and I said 108,000 and she says it says 10,800 on her computer. HMMM sounds fishy. They are also paying over $50 a day for the 2010 explorer I am driving for the last 33 days. Paid $300 for the kids car seats that where in the car when hit. So they will easily have payed out over $11,000 when all i wanted was it totaled at the begining. The axel shaft was torn from the transmission in the accident and the car hasnt been test drove as there needs a rear crossmember. I want to know what I should do? love to hear your input.
Thank-you
July 20th, 2011 at 11:56 am #sandra

I have a claim against my insurance company for an uninsured motorist and run, i would like to know is there a time frame for the insurance company have to settle.
July 28th, 2011 at 3:49 pm #Matt

My girlfriend was in a wreck a few years ago. Her insurance, which was full coverage, canceled her and never paid for any repairs on her car. The accident was her fault, this is in Oklahoma, but now the mechanic said the car should have been “totalled” due to the amount of damage. Is that even legal for the company to cancel a policy without repairing the car if it was under full coverage?
August 3rd, 2011 at 4:16 pm #Jason

Sandra,
It depends on the statute of limitation in your state for contract law. That would be the time it should be settled before you would need to extend that time with a lawsuit, if needed. Your insurance company will know the answer and should be able to tell you. Remember, they are your insurance company and you are their customer.
August 3rd, 2011 at 4:19 pm #Jason

Matt,
I don’t think you have all the information concerning the accident, what was done, and what wasn’t. Why are you concerned with an accident that happened 2-3 years ago? If it concerns you now, what did you do at the time to help her out?
August 3rd, 2011 at 6:05 pm #Jason

Sean,
Yeah it’s appropriate for an insurance investigation to conclude something different than what the police report. The police aren’t witnesses to the accident. They are there after the accident happens and have to put the pieces together. If we all relied on the police to determine fault in an accident, that would not be a good thing. Some police have no clue about fault. Some police are biased and that can sway who is at fault with an accident. Some police officers are dead-right on who is at fault but all the information and someone that can apply the facts of the accident to the law to determine fault is the best way to go.

Another thing about that is there are a number of states that place blame for an accident on the appropriate person. If driver A hits driver B in the front with the front of his own car can be apportioned fault and the fault can be 20-80%, 30-70%, 40-60%, etc. In rare cases is only one driver entirely at fault for the accident happening.
August 4th, 2011 at 7:31 pm #Nicole

Hi, I didn’t read through all the comments, so I hope I am not asking a question that has already been answered. A lady side swiped my car in a parking lot while I was inside a restaurant. She decided she would rather pay for it out of pocket and so asked me to get an estimate. I got 2, 1 for $2,800 and one for $2,300. When she saw how much it would cost she decided to go through her insurance. Her insurance company sent out an adjusted who just sent me an estimate for $1,100!! The car is slightly dented and completely scratched down the side, but my husband and I have decided we would rather just live with it like that and keep the money. However do I have to accept this low-ball offer from the insurance company? Or can I argue it and send them the estimates I received to get a higher price? I don’t want to bring the body shops into it because I don’t want to use them to get a good price when I am not even going to get the car fixed. What are my options?? Thanks!!
Nicole
August 5th, 2011 at 8:25 am #Jason

Nicole,
Your have 3 options. The first is to accept the $1100 from her insurance company for the damage to your car. Since you can live with it, the damage likely can be repaired for that amount. I would not classify the estimate as a low-ball offer just because it is lower than the other 2 estimates.

The third option is to submit the claim through your insurance company and hope they estimate the repair of the damage higher than $1100. If they do, then you may be able to accept that amount of money instead of getting it fixed. (Your insurance company would then ask the other person’s insurance company to reimburse for the money they just paid for the damage).

The fourth option is to get your car fixed and you will be back to before the damage occurred to your car. At that point, you don’t have to care if the amount to repair is $500 or $5000 because you are getting your car fixed.
August 5th, 2011 at 9:15 am #Nicole

Wow thanks for the quick response! You don’t think the $1100 is a low offer considering that both the other offers are over $2200? Both auto body shops told me that the insurance company would tell me I didn’t need a new “skin” on the car and they would tell me that it can be repaired without taking the doors or side panels off. Both autobody’s said that this is NOT the proper way to do it and that I should fight the insurance company on that.

Can I not argue with the insurance company’s claim representative about that? The way I see it is, this woman did damage to my car, by no fault of my own, I am entitled to the amount of money to properly fix my car whether or not I decide to use the money for that should be a moot point. It is still my money and should be reimbursed properly. Is that not true?
August 5th, 2011 at 10:07 am #Jason

Nicole,
No, the body shops are in the business of selling vehicle repairs to car owners. They make money by repairing vehicles. They will make more money from a higher estimate than they will from a lower estimate.

Regardless how the repairs are done, either repair option is appropriate. Either replace the skin or fix the skin is the way the repair can be done. Repairing a vehicle is not a science and there are different ways to get the car fixed.

If the body shops wants you to argue to repair it a different way, that is all fine and dandy and that might occur if you have it repaired. However, arguing for something that won’t even happen doesn’t make sense. If you want the car repaired the way the body shop will do it, then have the body shop repair it. They can always bill the insurance company more for a supplement.

You can argue with the insurance company’s claim person if you want. They may increase the offer but who knows?

Did you consider filing this with your own insurance company? You might want do that and attach the higher of the 2 estimates with your claim. They might just accept that or base their own estimate off the higher estimate and you could be in a different position to accept more cash for the damage on the car. Or your insurance company may consider the repair option at or around the $1100 mark. It’s entirely up to you on how you proceed.
August 5th, 2011 at 10:12 am #Nicole

Ok thanks! I just filed with my company. I guess if I don’t get it repaired it doesn’t matter as much. I’m not looking for $2800, I realize that the autobody shop suggest a higher amount (probably even more so if you are going through an insurance company) but from the way they both explained the repairs, it made sense to me. I’m guessing the actual cost to repair it correctly is somewhere in between. Anyway, thanks for your help!!
August 7th, 2011 at 9:30 am #jennifer hall

Hello there,

I have just filed a claim with nationwide as i woke up to find it appears as someone tried breaking in my car last night as my front passenger door is bent outward about an inch. I have a lein on my car and still owe money on it. What happens to the check and does my deduct come out of that or out of pocket?
August 7th, 2011 at 10:58 am #Jason

Jennifer,
The insurance company will write an estimate to repair the damage. They will take the total amount of damage, subtract your deductible, and send you a check made out to your lien holder and you.

With those funds, you will then be able to fix the car. Yes, you deductible is adjusted from the total damage and it also comes out of pocket when the repairs are completed.
August 7th, 2011 at 11:51 am #jennifer hall

Responding back:

Will anything come off the amount that i owe or will that not be effected??
August 7th, 2011 at 12:44 pm #Jason

Jennifer,
Your loan is separate and distinct from your insurance and this claim.

For example, if you owed $5000 on this vehicle yet, when this claim is concluded, you will still owe $5000 on this vehicle.

Now, let’s say the cost to repair the passenger door is $950. The insurance company will take this $950 and subtract your deductible (let’s assume it’s $250). They will then send you a check, written out to your lien holder and you, for $700.

You will then get the car fixed at the body shop of your choice and the $700 from the insurance company and your $250 deductible will need to be paid to the body shop for the repairs.
August 9th, 2011 at 2:13 pm #sunil

hi, last year we had sewer back up in our basement and we lost of few things and a few things we could manage to salvage or fix. eg, our furnace, water heater, washer/dryer were working, so we did not claim, we claimed structural and some personal properties (toys, electronics, some silk clothes)
mainly a bose sound system and 5 silk saries and a threadmill. For the bose one we cleaned and dried it and it was working after that, same with threadmill, and we dry cleaned the saries. We did all these because our losses were much higher than the 5000 cap we had for sewer backup last year, we claimed all of those and the insurance company noted down and then gave us only 5000 because that was our cap. After the incident I increased our insurance to 20000 and we had the same happen to us this year. Thinking that we will be covered this time, I claimed a few things that included bose, threadmill and saries. These were in the basement and got damaged. The adjuster said they will not pay for those twice unless I can show receipts that they were fixed. I don’t have the receipt since I fixed them did not hire anyone else. the adjuster says that even if I was not compensated last year, I cannot claim anything that was affected last year even if I did not claim it explictly. By that token they can deny almost everything saying it was damaged last year, what should I do?

Sunil
August 9th, 2011 at 9:17 pm #Jason

Sunil,
Your entire claim last year was all of the items. Your loss exceeded your coverage and they even absorbed your deductible.

You will likely have to explain the entire situation and work with them to find a middle ground that they can work with and you can find acceptable.

The way the insurance company views those things that were damaged is that they were damaged from the first incident which renders them to have no further value. The best option for you is to communicate with them and explain it in a way that they can understand. If you repaired the items again, and don’t have receipts or anything to show for that, ask them if they will accept an affidavit from you that indicates the items were repaired, functioning as they should, and they then got damaged in this new occurrence. If the adjuster is saying that they already paid for those items, they won’t pay for them again and you will have to keep that in mind.
August 10th, 2011 at 6:22 am #sunil

Jason, thank you for your quick response! I will try to work with them and see where it goes.
August 11th, 2011 at 1:52 pm #Courtney

I am selling my car to someone who is paying me monthly installments. I am getting a Bill of Sale and a Lien on the title. What happens if the car is in an accident before the person pays all of the payment installments? Also, can I be sued by the other party in the accident?
August 11th, 2011 at 2:42 pm #Jason

Courtney,
If the person gets into an accident before the payments are all paid, then the insurance proceeds would be made out to this other person and you. If he doesn’t have insurance and he is in an accident, then there won’t be any insurance proceeds.

No, you aren’t the owner of the vehicle any longer. You are only someone that is involved in the financing of the car and that’s where you connection to the car ends.
August 13th, 2011 at 8:39 pm #Aila Chaiyatham

If my friend’s insurance company (A) paid for my medical bills due to an accident (I was the passenger and my friend was the driver) and the other insurance company (B) (the guy that crashed into us) also compensate for the loss, am I obligated to pay back the medical bills expense to my friend’s insurance company (A) who already paid for the bills?

A medpay specialist called me up and notified me that I needed to pay back the insurance company (A) as I got a compensation from the insurance company (B) therefore, I am obligated to pay back for the bills. He stated that by california law, they do not believe in recovering from the injury twice, hence paying twice for the bills.

I am not from the States, therefore I have no idea how the law works. I just need to confirm whether or not I need to pay them back.

Thank you.
August 13th, 2011 at 8:49 pm #Jason

Aila,
This is called subrogation. It is correct that if you settled with the insurance company of the guy that hit you, then part of that settlement is for reimbursement of the expenses paid on your behalf from your friend’s insurance company. Sometimes it can get lost in the shuffle but yes, you are obligated to repay the medicals from your settlement.
August 13th, 2011 at 8:57 pm #Aila Chaiyatham

Jason,

Thank you for your response. If I pay them back, is it most likely that they will close the case? Because it feels like they keep contacting me back (via letters) that they need more information.
August 14th, 2011 at 8:26 am #Jason

Aila,
Yes, they will stop contacting you after you pay them back. Some people set up a payment plan to pay back the medical expenses, negotiate to pay back a certain amount as payment in full, pay it all at once, or never pay anything.

You may want to negotiate a settlement as payment in full. They may accept your offer of doing that.
August 14th, 2011 at 5:48 pm #Renee

My car was rearended at a stop light, the lady that hit my car was at fault and I have a police report to back this up. The lady had a valid insurance card at the time of accident but after filing a claim her insurance company sends me a letter stating that they are not responsible because her insurance lapsed 9 days prior to accident. The damages to my car totals $13,600 I have had to pay this out of my pocket. Is there a grace period on car insurance and is her insurance responsible, because they did give her a valid insurance card that was valid at the time of the accident. PLEASE HELP!!!
August 14th, 2011 at 6:49 pm #Jason

Renee,
When an insurance company indicates that coverage had lapsed 9 days prior to the accident, they likely allowed enough time for her to reinstate and she failed to do that. Her insurance is not responsible for her accidents outside her coverage period. Although it may have indicated it on her insurance card, the insurance card is not confirmation of a valid policy. The policy and it’s coverage period are what counts.

Hopefully, you can submit this claim to your insurance company and pay your deductible and you won’t have $13,600 come out of your pocket – just your deductible. And if you were injured, your policy may have uninsured motorists bodily injury that will address your injuries besides any medical coverage you have.

If you don’t have insurance, the alternative is to sue this woman for your damages. Since you have a police report, and every state requires liability insurance and she didn’t have insurance, you should be successful if you have to sue her. Many states provide that if a driver doesn’t have insurance and they cause damages, their license can be suspended or revoked until the judgment is paid.
August 15th, 2011 at 9:12 am #vanessa

I want to know when you are involved in a car accident and its not your fault you go to the hospital the dr charges your insurance does the responsable party have to pay this bill.
August 17th, 2011 at 12:55 pm #Stephen

If i make a claim on my insurance for hail damage will it make my rates go up or will it not matter?
August 19th, 2011 at 11:45 am #Avery

We received extensive hail damage to our vehicle. A body shop thought that it would probably be totalled. We owe more than the car is worth. I understand that we could be in a big mess if we settle. Is it possible to withdraw our claim so that we can go on paying for our car and drive it with the hail damage. We would just pay for the new windshield since that is cheaper than our deductable anyway.
August 20th, 2011 at 2:26 pm #Chris

I had a claim for hail damage to my roof and I want to know if I have to spend all of the money or can I shop around and get the cheapest contractor I can find and pocket the rest of the cash. I was told you have to send it back to the insurance company and that you are not allowed to profit from the loss.
August 21st, 2011 at 8:59 am #Jason

Avery,
Let’s change what the body shop said to you. Instead of them saying it’s going to be totaled, let’s change that to, “it’s going to cost a lot to repair.”

Ok, so you owe more on your car than it’s worth. Let’s just assume you owe $5000 on the car and the damage on the car is $3500. Also, let’s assume the car’s ACV is $3000.

With this example, the insurance company will pay for the damage to your car up to $3000 because that is the value of your car. Yes, it will be considered totaled but what do you care? You don’t need to repair it (other than the windshield) because it is still operational. You should be compensated for the decreased value because of the hail damage.

If you want, you can withdraw your hail claim as well.
August 21st, 2011 at 9:02 am #Jason

Chris,
You can shop around and get the cheapest contractor if you want. You can even retain the left over funds if you don’t use it for the repairs.

Whoever told you have to send this money back to the insurance company doesn’t know what they’re talking about.
August 21st, 2011 at 9:06 am #Jason

Stephen,
Generally a not-at-fault damage claim to your vehicle will not make your premiums increase. With a weather event like hail, however, the general premiums may go up in your area to compensate for the extra claims made in the area. So whether or not you make a claim, it generally will not affect what happens to your insurance premium.
August 21st, 2011 at 9:10 am #Jason

Vanessa,
Your insurance company will pay the medical bills up front. Then when the responsible party’s insurance company settles your claim, they provide you with the funds to repay your insurance company for what they paid for your medical bills. You will then repay your insurance company with the money you received.
August 22nd, 2011 at 7:01 am #Avery

If they pay the $3000 does that mean I will have to get a salvage title for the vehicle? And does that monies go to us or the us and the bank?
August 22nd, 2011 at 1:25 pm #Jason

Avery,
It depends. There are many states that don’t require a title to be marked as such if it’s over a certain number of years old. For example, Wisconsin doesn’t require the title to be stamped as salvage if the vehicle is 8 years old or older. And if you are going to keep the car and pay it off over time, does it matter if the title is salvaged or not? You would have to check with your state to determine the title requirements in your state.

The settlement check would be written out to the bank and you.
August 23rd, 2011 at 7:42 am #laura Jean

My neighbor ran over me with her pickup. There were no witnesses. I did not go to the Dr for several days. I stayed in bed. She denies the accident. I had a broken elbow among other things. Can I sue for negligence? The insurance companies (mine and hers) are not helping. Mine paid part of my PIP.
August 23rd, 2011 at 11:27 am #Jason

Laura Jean,
The thing here is that when accidents of this nature happen, the police are called or and ambulance is called. Each of these events would have produced a record of the incident.

I have deducted that you live in one of these states because PIP paid for your medicals: Florida, Kentucky, Kansas, Hawaii, Michigan, Massachusetts, New Jersey, Minnesota, New York, Pennsylvania, Utah or North Dakota.

With states that insure using PIP, it eliminates the requirement (and sometimes the option) of suing the other party. The other option of suing is only available if there is serious injury and/or gross negligence.

Since there isn’t a record of this incident, no witnesses, and the delay in seeking medical help it may be an uphill battle to sue (if you are even allowed to sue in this case). The upside of this is that your insurance had paid some of your medicals and they paid based on vehicle related injuries sustained.
August 24th, 2011 at 9:13 am #Nicki

If someone hits someones car and the owner doesn’t turn it in to his insurance can he turn it in two weeks later?
August 24th, 2011 at 9:36 am #Jason

Nicki,
Yes, the owner can. There is no set rule that a claim has to be turned in immediately. It makes it a little easier but that can be done.
August 24th, 2011 at 2:51 pm #Monica

I was involve in an auto accident on July 5th of this year, the other parties insurance denied the claim and my insurance does not want to pay for the estimate I received from a body shop (the same body shop my insurance frequently uses) I also have after market wheels that I had just recently purchased and have the receipts for, the wheels were damaged so I went to find out how much it was going to cost to get a replacement wheel. Well come to find out they have discontinued that type of wheel. My insurance says they will only pay for one wheel. Is there a way to get them replaced since I can not find a wheel to match the rest. Also do I need to get an attorney for them not wanting to pay the full amount to fix the vehicle?
August 25th, 2011 at 5:38 pm #Nicki

in wis do you have to call the cops if u get hit
August 25th, 2011 at 7:20 pm #Jason

Monica,
If one wheel is damaged, that is what they will pay for. Sure the wheel might be discontinued but there is a used market (even though it may be small) for the same wheels you can try to get.

We don’t have enough information to address your concerns about the estimate. Are you able to take the insurance company’s estimate to this same body shop and have the vehicle fixed based on the insurance company’s estimate?

We cannot advise whether or not you need an attorney. That is up to you.
August 25th, 2011 at 7:22 pm #Jason

Nicki,
You should call the police if you get hit so they can make a record of the incident. Do you have to call the police? I don’t think it’s against the law if you don’t if you were the one that was hit.
August 28th, 2011 at 8:45 am #Sativa

I was rear ended and have bumper damage, However the insurance company sent a voucher for the repairs of the bumper but the alternator is going out which is more important i rather have that fixed now than the bumper can demand a check instead of this voucher??
August 28th, 2011 at 9:40 am #Jason

Sativa,
If the alternator is going out, you will have to pay for that out of pocket. This damage to your bumper is specific to it being damaged and the funds are not supposed to be used for things other than repairing the bumper. If you want, ask the insurance company if they can pay by check instead of a voucher. I don’t know what they will do but you can ask.
August 29th, 2011 at 4:39 pm #Mister

I was sitting in my car one morning, in a parking lot. I was the only car parked along that line. Suddenly a pick-up with two men parks directly next to me. The passenger door hit my front left fender so hard that it not only left a dent but paint from his truck also. I accessed the damage and filed a affidavit, that’s when I saw that his door did do damage to my car. I called the police when it happened and the police are the reason I filed the affidavit. The police also got information from the driver of the pick-up truck. Five days later the pick-up drivers insurance contacts me to go over what happened. They agreed and our stories matched. On the same day I was sent to the insurances appointed body shop. I got the estimate done and the body shop talked to the pick-up driver insurance. Three days after that the insurance contacted me saying to not cash the check, which arrived in the mail on the same day I was contacted about the stopped payment. They said they stopped payment because they must do further
investigation and the pick-up driver must get a report also. They also said both vehicles must be seen. I am ready to get my car repaired now.
Please let me know what I should do next. Thanks
August 29th, 2011 at 5:21 pm #Jason

Mister,
You may be ready to get your car fixed but they want to inspect the vehicles. The claim is not yet concluded. What you should do next is wait for their inspection of both your car and his truck.
August 29th, 2011 at 7:56 pm #JohnCl

Filed a claim back in December ’09 for a rental property (roof – wind/hail) with Allstate. Got a check for about 9k with a promise to pay about 5k more once the work was completed (recoverable depreciation). Well life happened so I had to use the money elsewhere. I wasn’t able to get the work finished (I repaired the inside and patched the roof replacing decking and the like where necessary but then ran into some emergencies).

I am finally in a position to get the work completed (even though materials are much more expensive now – my loss). Knowing that that 5K check is coming once the work is completed would make a huge difference. Otherwise it’s a non-starter. It will get done and it will get done right.

The problem is that they say I only had 180 days to get the work done so I lost the ability to get the recoverable depreciation. That is a huge problem. I don’t have that type of money but something must be done. What can I do? Is that right? Allstate has not been harmed at all. Actually they’ve made interest on the money sitting in their bank account instead of mine. Plus the roof they’ll be insuring will now be 2 years newer than the roof they paid for.

Is my only option to change insurers and pray for another big storm to come through (where no one gets hurt of course)?
August 29th, 2011 at 9:13 pm #Jason

John,
If this happened in 2009, you are well out of your window to get the recoverable depreciation. The only thing you can do is replace the roof and that’s it. Don’t change insurers and don’t pray for a storm to come because praying doesn’t work.

It doesn’t matter if Allstate was harmed or not. That is your agreement and they lived up to their end and you didn’t for your end. As far as that money goes, it’s their money now. They don’t care if they insure a roof that is old or new. It doesn’t make a difference to them what age your roof is.
August 30th, 2011 at 4:46 am #John

Jason,

Thanks for the response. Why wouldn’t I change insurers? Sounds like Allstate is not insuring my roof anymore even though I’m paying for it.

John
August 30th, 2011 at 6:07 am #Jason

John,
Actually Allstate is insuring your roof. They are insuring one that they paid you to have removed and replaced in 2009. They kept up their part of the agreement. You make it sound as though it’s a bad thing if you have to pay for something you had already gotten.

Many times, claims are indexed into a system that insurance companies have access to. It may be that your new insurance company may be aware of this previous claim and payment, for which nothing was done as far as the replacement that was allowed. Another thing is that if you have another claim with a new company, it’s not difficult to determine new damage from old damage. You might be switching to a new insurance company without any coverage for your already damaged roof and you may not know it until you have a claim

On another note, it is always a good idea to review your coverage every 3 years and switch to another company if it makes sense. There are many companies that insure for less premium than your current company.
August 30th, 2011 at 7:47 am #christina

hello,

I was rear ended and the insurance company is sending me check, do I have to get the vehicle fixed or can I keep the money? Also, my situation is a little more complicated. I’m currently in chapter 7 and was planning to surrender my vehicle prior to the accident. If i surrender my car with damages can the lien holder come after me since I’m in chapter 7?
August 30th, 2011 at 12:32 pm #Jason

Christina,
If the check is made out to you then you can do whatever you want with the money. If you are in chapter 7, you may be able to keep the vehicle if you re-affirm with the bank to continue paying. You really need to to consult with your bankruptcy attorney rather than posing the questions here. From what I know about chapter 7, that wipes your slate clean and your creditors have to stop attempting to collect any debt you owe (unless the loan has a lienholder or mortgage holder associated with it.
August 30th, 2011 at 5:03 pm #John

Jason,

Thanks again for your help. I think you may misunderstand me. I am able to do the whole job now as long as I know I would be able to get the balance once the work is completed. If Allstate is not going to pay any more under any circumstances then I’ve got no reason to keep giving them my very high premiums. I stuck with them thinking that they would want to work with me. Nothing has changed except that more time has lapsed. If they don’t want to work with me I have no choice but to go to a less expensive insurer who may possibly cover any future events vs. Allstate who guarantees they won’t pay. Does this make sense?
August 30th, 2011 at 6:15 pm #Marissa

We had a roof claim 6 years ago. Apparently we could have turned receipt in and received an additional 2k which we were unaware. Now we were in tornado and roof needs repaired again and ins adjustor is subtracting off previous claim stating we didn’t have roof repaired although we did. Is there a statute limit on how long they can go back to previous claim?
August 31st, 2011 at 1:40 am #Jimi

This site is great. Here is my situation: I am in CA and was hit by a guy’s car running the red left arrow as my car went into an intersection after my light turned green. Both cars were totaled. There were no witnesses. Cops came and I could hear him trying not to admit fault. So, we have the possibility that his insurance will deny the claim in an effort to avoid paying me. My question is, if I take the guy to small claims court, what are the chances my insurance company will help me with a lawyer? Should I tell the insurance companies that am interested in suing? Maybe that will get them to pay my for my totaled car and injuries. Car is worth between 1700-2800 dollars, I have neck spams, and my passenger hurt his hip on the seat belt buckle. I am thinking that they would prefer to pay for these things than the lawyer fees and possibility of losing in small claims court. What do you think of this case?
August 31st, 2011 at 7:30 am #Angie

Good morning
I had filed a injury claim against an indian casino’s innsurance company because i stubbed my toe on the casino’s koi pond and it caused a really bad deep tissue staff infection in my leg and now my leg is permently scared and highly porn to cancer now from the infection; and they casino’s innsurance company has denied my claim and i can’t get any lawyer to take my case because most won’t deal with Indian law because it cost to much money and will drag out too long. is there any other ways i can still get them to pay other they going to every news station in town and getting the casino bad press for this?
September 1st, 2011 at 3:40 pm #Angela

So about 20 days ago a lady on a motorcycle crashed in to my car. I was at work at the time this happened but my boyfriend happened to be outside washing his car. He did not file a police report but the lady gave him her name and policy number. We went to her insurance and they gave us an estimate of the damage. Our adjuster has only gotten ahold of her through email but says he needs to confirm over the phone. Promblem is she won’t answer her phone. What can I do? I took pictures of how the car was parked before we moved it and of the skid marks and damage from her motorcycle. I really can’t afford to get it fixed myself and would if they can’t get ahold of her on the phone?
September 1st, 2011 at 5:07 pm #Jason

Marissa,
If he is subtracting off the prior claim amount, that seems reasonable to do if you were already paid for it. There is no statute of limitations on how long an insurance company can go back to subtract off from work they paid for that wasn’t completed. If you did the work as outlined in the claim payment before, this would not be an issue.
September 1st, 2011 at 5:13 pm #Jason

Jimi,
It is really difficult to total 2 cars as you start from a stop after your light turned green. If you did and he was turning on a red arrow, you should have been able to stop.

Anyway, no, your insurance will not assist you with an attorney to sue this other person in court. The insurance company will not care about the outcome of what you do. They simply don’t care and that is as nice as I can put it. They won’t care if they pay medical expenses if they are warranted. They don’t balance certain payments over payments for something else. I would just recommend you move on and leave this accident behind you.
September 1st, 2011 at 5:17 pm #Jason

Angie,
Because you stubbed your toe does not mean that the establishment is liable for your actions. They can deny your claim for a number of reasons. I’m not sure you can drum up enough bad press for this incident to make an impact on this business.

You could attempt to sue them yourselves but please take notice that if the attorney’s don’t want to do it, there isn’t much that will result in a positive out of doing that. And if you do it without an attorney, your chances of any success diminish more than I care to imagine.
September 1st, 2011 at 5:19 pm #Jason

Angela,
If this woman does indeed have insurance and they can’t reach her because she is avoiding her insurance company, the insurance company will likely make a decision on the information they have without relying on their insured to confirm it.

You could file a claim with your insurance company if you have collision insurance.
September 1st, 2011 at 6:26 pm #Angela

Is there anything else I can do. She has contacted them back in an email and she does have insurance there. She lives like 8 houses down from me. Would it be ok if I talked to her? And I think I only have liability insurance so they can’t really do anything. Can I get a lawyer involved because I really shouldn’t have to deal with something that isn’t my fault.
September 2nd, 2011 at 7:08 am #Angie

When i stubbed my toe it was not on purpose and it was on an indoor Koi pond that was not kept clean properly that caused the infection. The reason i can’t get a lawyer is because most Lawyer here will not take cases against Native American casinos, because they either do not know their law or they can not get primission to practice on tribal lands. And the Indian casinos are immune from getting sued in State or Fedral courts.
September 2nd, 2011 at 2:01 pm #Jason

Angela,
Yes, you can talk to your neighbor. There is nothing wrong with that. Yeah, if you don’t have physical damage insurance, you have to rely on others and their insurance companies to deal with your damage they did.

At this point, it may be premature to get a lawyer involved because you will have to pay the attorney fees and the outcome will likely be the same. They do need some time to settle claims. It would be nice if it happened immediately but that is not always the case.

Yes, you shouldn’t have to deal with it but it did and now you have to deal with it. I hope her insurance company takes care of it for you.
September 2nd, 2011 at 2:05 pm #Jason

Angie,
Of course we know you didn’t stub your toe on purpose. The casino will deny claims on a more consistent basis simply because they can for the reasons you indicated in your post. It’s not always fair but that is the risk people take when they enter the realm of a different country that is entirely enclosed within our country. For that very reason, I stay away from indian owned territory because they are not bound by our laws.
September 2nd, 2011 at 5:41 pm #Taylor

I had hail damage a couple months ago. insurance issued the check to me and the lien holder. lien holder signed the check. I have yet to the get car fixed because of time sake. Recently, had another claim and now my lien holder is trying to get me on fraud for not getting the car fixed. After i’ve already set a date and time to get the car fixed. Are they able to do this?
September 3rd, 2011 at 9:56 am #Victor Schneider

I have a case where I was in volve in car accident and was accused by the person that hit my car of making a U-turn in front of him. I was taken to the emergency room by umbalance. I sustained head injuries that required 40 stitches. While I was waiting to be stitched up an officer came and issue me a ticket for $110 dollars. I went to court and I pleaded not guilty. I then told the judge how the accident occurred and the judge found me not guilty. I had liability insurance and my car was total by the person that hit me and his insurance is telling me that my insurance already fixed his car before the case was called. So therefore they are not liable for anything. Is that true and if so can I then sue my car insurance company?
September 9th, 2011 at 2:04 pm #Jason

Taylor,
Probably not. They don’t really have the time or energy to get someone in trouble for fraud for this type of activity. They are likely pulling a scare tactic so you get the car repaired in the event they ever have to repossess the car because of non-payment or something. Just get the car fixed and this should not be a problem.
September 9th, 2011 at 2:12 pm #Jason

Victor,
You can sue your insurance company but for what? They did everything correctly with the information they had. The act of paying for the other person’s car has absolutely no affect on you. You didn’t have physical damage insurance so they have no obligation to you. Also, just because the ticket was dismissed means nothing except you didn’t have to pay the fine.
September 12th, 2011 at 8:39 am #Natalie

My boyfriend fell asleep while driving and damaged my car pretty badly. It got towed because it is not drivable at this point. This happened on Friday morning, and today, Monday, I got a call from my insurance asking me to find a mechanic for the repairs. Then he followed by asking if I knew where the car was. Isn’t he supposed to get an estimate of the car before he decides if it’s worth any repairs? Or is that my job? Also, I’m afraid that the mechanic will just fix the car to please the insurance company, but I’d rather the car just get totaled. I don’t want to have future problems because it is my understanding that the transmission got pulled out. I’m not sure what to do. I’m thinking of just choosing the dealership’s collision department for the repairs. How do I make sure that if the car has too much damage, it is declared totaled?
September 12th, 2011 at 2:10 pm #Carol

I live in Kansas.Almost three years ago,I was robbed and almost beaten to death. I was hit in the head three times with an axe and numerous other places,broken jaw,nose,arm,two steel plates in my jaw, and five in my cervical spine, plus many more injuries. I was told they lost me once in the air ambulance,and three times in surgery. I was in a coma over a month.paralyzed face,because of all the injuries and nerve damage,my mind and memory was messed up for a long time. Due to the brain injuries,I never even thought about my homeowners insurance, until one of the court officers brought it up. This happened in September of 2008. I did not file a claim on my stolen items until October of 2009. The second time the insurance company called me, I explained about the pre-meditated first degree murder attempt,and trouble with my mind, and memory. The insurance company told me they never received my first claim, so I could resubmit it and not to worry about the receipts,there was a message that said all their conversations were recorded,) so just send pictures,which I did,as the sheriff’s department had taken many pictures of my slashed up clothes that weren’t taken, things that can never be replaced from my son’s dad, shoes,etc. I told the agent I talked to,it might take me a while,as I still have trouble remembering to do things,she told me not to worry about it,just try to get it in in the next few months,which I did.I sent it in in the last part of August,but forgot to certify it. My sis asked me if I certified it,which I’d forgot to,so I called my insurance agent and he said he still had it,so my sis took me over and I took it across the street to the post office and did it right. I went to the post office on September 2,2011 and had it certified. I was already on permanent disability when I was attacked, and have to replace my clothes,shoes, as my attackers partner was his daughter and my size and was left in my house that night.Am I still eligible for my insurance?
September 12th, 2011 at 8:27 pm #Jason

Natalie,
Your insurance company will determine if a the car should be totaled or not. Any car is repairable. It’s just that there is a point when it becomes a better option not to fix it because the repairs are too expensive for the value of the car. You can ask them if they can review it for being totaled.
September 12th, 2011 at 8:31 pm #Jason

Carol,
Something rings a bell that a year is the limit you have to make a claim. I’m not sure though. You can ask this question of your agent. He can help you with that information.
September 15th, 2011 at 8:50 pm #jengles

Hello;
I have went through many a surgeries since late October 2010, and Feb, 2011, ( cancer) I fell behind 2 payments April 2011( at that time) . I pleaded with the bank to give me a bit of time, or at least to put the 2 late payments on the back of my loan, I pleaded, give me a chance to get back to work and on my feet again and not to file foreclosure on my home, because once back to work I could make the payments. Easy. They would not work with me for 2 measley payments. At any rate this past May and july we had severe storms and I have over 10,000 dollars in hail, wind, rain, storm damage to my home. Siding,roof,gutters and ceiling repairs. State Farm is my insurer. Adjuster took weeks to get to my home as there were many damaged in our area. Check from State Farm for 1/2 of the total amount was made payable to my lein holder and myself a common procedure. But my lein hold wants to NOT let me have any of the funds because it is in foreclosure. Is this legal? I have always paid my homeowners insurance and paid on time. I intend to keep my home and catch up payments before the time frame runs out, so to speak. Foreclosure hasn’t even given me a court date yet. It’s still that new, and as we speak i am installing oak flooring in my home because I intend to stay here and will pay my back payments, ( 5 of them) the wood flooring was purchased over a year ago, but due to medical issues I am just now getting a chance to install it. They will no doubt hold my insurance check, and may make payments payable to box stores for the materials but do not want to pay me the labor my insurance company has included in the check amount. Is this legal? They can not keep funds payable out of an insurance claim because I owe back payments can they? I just want to get my home fixed, and get paid for my labor that I have already done to my home which is included on the insurance check. They need to pay that to me right now dont they? It’s all written out on the insurance estimate. Pretty black and white, but my bank says they will not pay me a dime because I am behind on payment! Pleas help me, I really want to get my home fixed and really need to get reimbursed for my hours making my home livable with no holes in the roof, and I took time off of my regular job to fix because contractors are backed up 2-3 months here. Any advise wopuld be greatly appreciated. Thanks
September 17th, 2011 at 10:53 pm #Jason

Jengles,
What you have here is a bank issue, not an insurance issue. The insurance did what it was contracted to do with you. You had damage and they paid you the ACV of the damage. Now you have to get the repairs completed to collect the remainder which is called recoverable depreciation. You generally have 180 days from the date of loss to make a claim for this other money and you will need to document that the work was completed.

As for the bank’s policy, they generally release the funds as the work is completed. When a house is in foreclosure, I don’t know the bank’s policies. Somehow you have to get your home out of foreclosure or you may never get the insurance funds.

You ask is it legal for the bank to do this? Yes, I believe it is because the collateral (home) was damaged by the total amount of your claim. If you don’t get the work done, then the bank will use the insurance funds to off-set the lower value of the home because of the storm damage.

See if you can use the insurance funds to pay the mortgage current and plead with the bank to do that. Hopefully, they can do that. If they can’t, look for a place to rent because you may lose your home.
September 19th, 2011 at 7:20 pm #Rodney

ok i have a 2008 sv650s motorcycle in the shop for a estimate on damages, Also where its at is the same place that in house financed it, they estimated $5600 to fix it well adjuster found that it can be done for $3800 an said he was going to write a check for that amount so i went to get the bike from the shop so that when the check came i can get the fairings and other stuff that the bike needs when the check came in but the guys at the shop said no i cant take it because there’s a loan on it and its wrecked you cant take the bike till its fixed? How can i fix it if i cant get it? Ok im up to date on all my payments an im $150 ahead. Is this legal? holding my motorcycle that i pay for that i need to get to fix but he wont release it to me…..
September 22nd, 2011 at 2:05 pm #Dan

Hi,

I’ve been trying to glean an answer from the board, but I can’t quite see an exact match. Hypothetically, let’s say the insurance company approved a body shop to fix the car for a reasonable sum, including a $1000 deductible. The body shop then says, you’re a good customer, so we’re only going to ask you to pay $250 on top of the insurance payment. I see some of your other answers about keeping the money if you take it to a cheaper shop or just period, or if it costs less, but I’m not clear on this one as the other answers didn’t specifically address the deductible issue. This ties in with various stories I’ve heard about body shops having “cash” prices and more expensive “insurance” prices.

If you could help me sort out the legitimacy, and perhaps even the legality of this type of thing, I’d really appreciate it.

Best,
Dan
September 22nd, 2011 at 10:06 pm #Shelley

My daughter in-law filed a claim with her insurance co. for a collision that she had. The ins co had her bring the car to their facility and issued a check based on that estimation, but it was issued in both the lien holder’s name and my daughter in-law’s name. When she spoke with the lien holder he immediately told her the check belonged to him. She stated it was for repairs. He then wanted her to apply it to the balance of her car. She refused. He said that he would do the repairs, she asked him how much for repairs, he wanted to know how much the check was for. When she quoted him a $1000, he told her the repairs would be $950. She refused to have him do the repairs and wanted him to sign the check so she could get the repairs done. He refused and told her to get the repairs done and then he would sign the check. She just spent money out-of-pocket for repairs and now he refuses to sign the check. He wants things done that were not on the claim. His requirements are: 1) the work was completed to his satisfactory, 2) He’ll finish the job for $500 dollars of the money 3) Apply the full amount to the balance of the car and he would forget about the rest of the work. I was so furious, I called to speak to him myself, he told me if I brought him $50 then he would talk to me. I told him it sounded like extortion. It upset me, I then called the insurance company. Here is what they had to say–The lien holder can put ANY stipulation on the buyer before signing the check. Actually, I received two opinions were one told me that he could not use the check to pay off the balance of the car unless it was totaled and another one that told me he can do whatever he wants-he is the lien holder. He has all the rights. Then why is she paying premiums if he has all the say when the claims come in. He should not be able to strong arm her into dealing strictly with him for repairs or payment. I think that in itself is extortion. The insurance company will not take his name off the check now that she has made the repairs. The mechanic that she had fix the car met with him in person to find out what was not meeting up to his expectations and he basically told him that he wanted her to spend up the full amount of the check on repairs. The mechanic told him those repairs were not part of the claim, and he said well that is the only way he is going to sign the check. At this point what can she do?
September 23rd, 2011 at 3:28 pm #Marissa

we were in the ef5 tornado, houses were leveled just 1 block south of us. We have according to a couple of contractors $35K in damages. Our insurance wants to give us $8500…we’ve requested another adjustor to come out, and they sent the same adjuster….again we requested another adjustor and they have sent no one, and now that’s its been 2 months since our original request our agent said he requested it for us but didn’t know if they would honor the request since many adjustors had left the area and went to the hurricane areas. Our fence is going to cost $3000 they gave us $800, he only showed a claim for the side of the fence completely down not even the fence areas where there are many holes from the debris going thru it. This has been a total nightmare. What are our rights on all of this???
September 23rd, 2011 at 5:39 pm #admin

Marissa,

You see, this is why we created the “Rate Your Adjuster” page on this website, so you can find an alternate good adjuster from your company in your area without going through what you are going through.

But as you can see from the number of entries on the page, which has been up for a couple of years, 99.9% of the disgruntled visitors to this website won’t take 2 minutes to participate in a selfless act to help others as well as themselves. So there it is, do we American “me me me” consumers get what we deserve from the bad boy “Good Neighbor” “Good Hands” “do whatever we want” “to hell with government regulation” insurers? Do we even deserve the freedoms our soldiers and ancestors died for?

Ok enough editorial. It’s all yours Jason!
September 24th, 2011 at 12:21 am #Samuel

I have a peculiar situation. A tar truck lost a great deal of tar while traveling down the highway and covered my truck in hot tar as I was passing. A detail shop got the tar off, but it appeared to damage the paint, since we could still see the spots where the tar landed. A body shop also tried unsucessfully to buff out the marred paint and finally said it would need to be repainted. They wrote an estimate to repaint the truck, and the general liability insurance for the tar company agreed to pay the damages ($5,147) and sent me a check payable to me and my lienholder. Case settled, right? I’m not sure.

The shop can’t get me in for a few weeks, but the embarassment of driving what used to be a flawless vehicle got the better of me, so in the meantime I decided to see what I could do to at least make it look better. I’m pretty good with a buffer, and after spending hours on the hood, I can barely see any trace of where the tar used to be. Another day of polishing, and I’m sure the rest of the truck will look just as good.

So what do I do? Or perhaps more importantly, what am I legally obligated to do? I could go ahead and have the shop proceed with a new paint job (there’s no telling how much of the clear coat I’ve removed with all of the buffing), but what I’d like to do is forget about getting it repainted, get the lienholder to sign off on the check, deposit it into my bank account, and then apply the proceeds to the principal. But how do I “prove” to the lienholder that I’ve “repaired” the vehicle, if it wasn’t repainted like the shop said must be done?

Another option: My wife and I are needing a larger vehicle, and we’ve been thinking about trading the truck in for a mini van. If I trade it in, and the dealership pays off the loan, should my lienholder then be perfectly ok with signing off on the check? Or, once I’ve traded the truck in, do I or my lienholder even still have a legal right to cash it?

Should I even be contemplating any of this? On one hand, I feel like the insurance company has agreed to the settlement and won’t care what I do at this point, but on the other hand, the agreed settlement was to repaint the truck… At the very least, this is an ethical delimma, but while I’m pondering that, what am I required to do LEGALLY? Thanks for your help.
September 24th, 2011 at 4:31 am #lisa

I’m am being accused of a hit and run I was reconfigure my boyfriends car and was unaware that he had not paid his insurance otherwise I would not be.in this situation but while on the free way one night there was a major accident about 8 cars ended up being rear ended it was minor I was flagged down by a car so I pulled over the driver comes up to me and asked me did I hit him I replied no so he walked away from my car and proceeded to the other cars I waited for about 15 min but I was already late for work so I didn’t think much about it I went ahead and pulled back into traffic a couple months later a get a phone call saying they have my plate numbers but they are telling me that I drive a black Honda my car is gray no Honda? I sent a vehical report over but they still say the lic plate number matches even though the color and make is wrong.There is no police report bc I have tried to contact someone it has been almost a year Year now and there collections office is calling me I’ve told them to do what they have to I have requested.proof of evidence bc I was informed by my own insurance that they r suppose to( my insurance won’t cover my boyfriends car that I was driving).do that and all they have sent me is a estimate for there damages? What happens next? Can they come baCk.and sue me after a year I only ask because I don’t want to deal with the court stuff
September 25th, 2011 at 6:08 pm #Jason

Rodney, that isn’t an insurance question. However, they shouldn’t have the right to hold your bike for any reason. They are probably trying to strong-arm you into getting it fixed with them.
September 25th, 2011 at 6:10 pm #Jason

Dan, if the body shop wants to reduce the amount you have to pay, that is their business decision to do that and there isn’t anything wrong with that.
September 25th, 2011 at 6:15 pm #Jason

Shelley,
Have the insurance company verify that the repairs are completed to the car. You can do this by having the agent verify that for her. Then after they have verified the repairs are already completed, they can re-issue the check to your daughter without the lien holder’s name on the check.
September 25th, 2011 at 6:20 pm #Jason

Marissa,
Your question is too vague to address. If you provide direct questions, we can address them but to explain your rights would encompass too much time. We don’t have enough information to provide claim information to you. We don’t know if you have a replacement or ACV policy. You likely have 180 days from the date of loss to make the repairs if you have a replacement policy. If you have an ACV policy, then the time limitations are meaningless but we don’t know that to provide you with any information.
September 25th, 2011 at 6:24 pm #Jason

Samuel,
You can do anything you want. You’ve repaired the damage and if you need to provide proof of that, see my answer to Shelley 2 posts above. If you want to trade it in, then the lien holder would no longer have an interest in the vehicle and they will gladly sign off on the check. So the bottom line is, do what ever you want to do.
September 25th, 2011 at 6:27 pm #Jason

Lisa,
Here’s a summary for you. You drove a car without insurance. You were in an accident. You caused damage to at least one other vehicle. You left the scene of the accident you were involved in. You are legally responsible for the damage you caused.

You may also be criminally charged with hit and run. Likely that is only a fine and not jail time but hit and run is serious business. So, will you have to deal with court stuff? …. Maybe.
September 26th, 2011 at 3:47 pm #Phoua

Hi,
My mom got hit from the back passenger side at a 4way stop. The car got towed because the back passenger wheel wasn’t able to move after the impact. I was just wondering who’s at fault.
September 26th, 2011 at 8:14 pm #Jason

Phoua,
Probably the white car. It’s usually always the white car. (Do you realize the information you provided has absolutely no information to determine who is at fault? The only way we could determine who is at fault from your comments is if a video of the accident was attached to your comments and we were able to watch the video of the accident from multiple angles at least 3 times – in slow motion.)
September 27th, 2011 at 5:55 am #Jeet

Hello

I got in to a car accident which was not my fault. But the car I was driving is under my dad’s insurance. I have a separate insurance under my name. Will my dad’s insurance have to pay for damages or the person that hit me?
September 27th, 2011 at 7:49 am #Jason

Jeet,
If the other person has insurance, then they might pay. If you are partially at fault, then that may play a factor in how much the other company pays. If your dad’s policy pays for the damage, then that policy will look to the other driver’s policy to pay either the full amount of damage or their % of fault in this accident.

There will likely be questions asked about why you are driving your dad’s car if you have your own car. They will likely ask where you live, how frequently you drive your dad’s car, etc.
September 27th, 2011 at 7:55 am #Jeet

Jason

Thanks for the response. The other driver admitted he was at fault as he ran a red light.

My dad and I live at the same residence, and I do not drive his car often just in the early morning to drop him to work. My mom usually uses the car who is also insured under my dad’s name. Would it be a problem since I am not physically on the policy?
September 27th, 2011 at 8:06 am #Jason

Jeet,
Running a red light doesn’t make one driver completely at fault in all circumstances. All drivers need to drive with a sense that there may be others that they need to watch out for – like someone running a red light.

Anyway, we don’t know the specifics of your insurance company and the policy your dad has with them. It likely would not be of any concern if you are also insured with the same company. Then they would know all about you in the same household as your dad.

I’ve seen the policies evolve where the non-stated household driver is excluded from coverage. I didn’t read too much detail about this in that specific policy form regarding whether it applied to liability, physical damage, or both so I can’t comment on that.

Given that the other driver ran a red light, and if he has insurance, then your dad may be able to collect from that other guys insurance. If not, then he will have to submit a claim through his own policy.

Will this claim ever get to your policy for payment? That is very, very improbable.
September 28th, 2011 at 3:31 pm #jenny

Can i sue someone who hit my car and didn’t have insurance and if i didn’t have insurance too.Even if the other driver was at fault.
September 30th, 2011 at 6:33 am #Heather

My neighbor in Ohio backed into my car while she was pulling out of her driveway. Her insurance will cover it. I went out and got 2 estimates. The first was for $525 and the second was for $433. Her insurance company’s adjustor came out today and cut a check in my name for $329 which is $100 less than the cheapest estimate I received. I showed him the estimates I’d received and he said, “Oh they’re just trying to over rate us. They will do the work for that price.” I was upset, but there isn’t a lot I could do so I took my check and went back to work. What should I do if the repairs do cost more?
September 30th, 2011 at 11:21 pm #Jason

Heather,
Let your body shop deal with it through your insurance. The only amount you should pay is your deductible. Your insurance company should also collect the claim amount from your neighbor’s insurance and then reimburse you for the deductible you incurred.
October 1st, 2011 at 2:28 am #chels

Hi, I just recently filed a claim on my car for hail damage and got the check. It has my name on it and my lein holders name on it. I’m buying my car from a buy here pay here lot. I don’t really care to make the repairs on my car, but my lein holder said if I don’t make the repairs it has to go towards what I owe on the car. Is there any way I can keep the money myself without having to fix the damage and not have to give it all to te dealership? I could really use the money to pay off bills.
October 1st, 2011 at 2:10 pm #Jason

Chels,
If you pay off the car, then you won’t have to deal with the lien holder. Other than that, what the lien holder is requesting is reasonable.
October 1st, 2011 at 8:11 pm #Jess

I had a big hail storm come through. We took a look at our roof and didn’t see any damage from the storm. I started hearing from friends and family how much damage they had to their roof and started to get nervous. So I contacted our insurance company and they sent someone out to take a look. He told me there was no damage from the storm but he did notice some crinkeling in the shingles from the sun. We just had our roof done in 2008. He said he was willing to cut a check to have that fixed. I recieved a check in the mail and im just thinking about keeping the money since it was wrote out to just me. Is this wrong and can I get in trouble for this? I was told from someone that I could not make another claim on my roof if it was never fixed from this time?
October 1st, 2011 at 9:51 pm #Jason

Jess,
No, you can keep the money from the check and not fix the roof. You won’t get in trouble.

The person you heard this from probably heard that same thing from another person, who heard it from someone else.

Can they subtract the amount from your next claim if they determine you didn’t repair the issue? Sure, that’s possible and it does happen on occasion. It’s your choice. Either fix your roof or don’t. The roof is fairly new and what you were paid for was apparently wear and tear. That is not something a policy provides coverage for so the error here is that there was any type of payment made for your claim this time. Just do what you feel comfortable with. The roof should last at least another 20 years if what is happening to your roof is simply wear and tear.
October 2nd, 2011 at 7:52 am #Jess

Thank you so much for your help Jason.
October 5th, 2011 at 4:53 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 10th, 2011 at 10:31 am #Christina

I submitted an insurance claim for hail damage on my car. The check is made out to myself & my father (on the policy with me) & the lien holder. I have an emergency that I need to cover and would like to deposit the check and use some of it for the emergency and the rest for the car repair. My questions are as follows:
1. Does my lien holder need to endorse the check?
2. If they do need to endorse the check, in order for them to do so, do I have to submit an estimate from the body shop and then get the check back so I can deposit it into my account?
3. If they do endorse the check, will they then issue a check directly to the body shop?
Thank you for your help with this
Christina.
October 10th, 2011 at 8:51 pm #Jason

Christina,
1. Yes
2. No
3. No
October 11th, 2011 at 8:36 am #LaQuita

My car was determined totaled and the insurance has made a settlement. The settlement is less than what i owe on my car loan. I do have gap coverage which i have heard I may need to use. But what if I do not get any money back from the claim? Why pay autho insurance if when something happens you are still left to save up pennies to get another vehicle is the question i ask…Is this fair? I have made payments on time even paid $4000 in interest on the car. I owe maybe over half the total for the car. My question is regarding whether or not i should take the insurance company to a small claims court. Am i even do money back on this claim? What do i do if i am left with nothing from this claim, meaning no check and no car to ride in?
October 13th, 2011 at 3:46 am #Quitrona

I tried to file a claim with my insurance company for hail damage they denial because I waited over 91 days but I didnt know I had to file before 90 days it’s not on my policy what can I do?
October 13th, 2011 at 7:47 am #Jason

Quitrona,
Some insurance companies have time limits that you need to follow in order to make a claim. That is part of your agreement with the insurance company.

When one party to a contract breeches part of the contract, it relieves the other party of their obligation to fulfill their obligations of the contract. There is nothing you can do for this claim.
October 13th, 2011 at 5:46 pm #Liz

i was rear ended two weeks ago. filed a clain and her insurance company agreed to pay for the damage. Sent out my estimate. THe claim check was sent to my name and the lien holder. from what i have read, seems like i have to send my check to my lender. i found a shop that will do it for much less.Do i get the remainding money , or does the lender keep that. is there a way that they can sign it and send me the check back so i can cash it? this is my first time doing this. i’ve read a few post but decided to just put my situation and get an answere that i could understand.
October 13th, 2011 at 6:33 pm #Jason

Liz,
Send the check to the lien holder or take it there and tell them the situation of what you want to do. They are interested in getting the damage to the vehicle fixed to the condition before the damage occurred. That is it. If you have more than the amount to get it repaired, they should be able to release the remaining funds to you.

To be direct – take the check and the lower estimate to the bank. Ask them to write out a check from the insurance check to you and the body shop for the estimate amount and then have them either issue you a check directly for the difference, or have them hold it in an escrow account until the body shop repairs the vehicle to the condition it was before the accident. Don’t sign the check over to the body shop until your are satisfied with the repairs.
October 13th, 2011 at 7:17 pm #Liz

thank you.
did i mention that the ck is under my name and my lien holder?
October 13th, 2011 at 7:21 pm #Liz

oh sorry i did.
thanks for your help.
quick question. by me taking the check to the bank and explaining the situation, + asking them to “write out a check from the insurance check to you and the body shop for the estimate amount and then have them either issue you a check directly for the difference” will i still have to mail anything to my lien holder?
October 13th, 2011 at 8:05 pm #Jason

Liz,
I will restate this again using more specific terms. There is the insurance company, your lien holder, and you.

You can’t just go to any bank, you have to go to the bank that is your lien holder.

If your lien holder is not local, call them and explain the situation. You have to do everything with your lien holder. If you call them and explain the situation, you may be able to work this all out over the phone and then have them mail you the checks.
October 14th, 2011 at 5:30 am #Liz

Jason, again thank you so much for clearing that up for me.
October 16th, 2011 at 7:15 am #Lucie

A light pole fell on top of my car last week. I was at an appointment in the building that owns the parking lot. My car was parked two parking spots away from the light pole. The weather was very nice that day. Clear skies, no rain. It seems that the light pole fell because its base was completely rusted out. I was not in the car when the incident happened. No one was hurt. There is one witness that saw the pole falling on my car. I have two issues:
1) The insurance for the property who owns the light pole has denied my claim stating the owners could not have known that the light pole would fall.
2) My insurance company has inspected my car and has determined it is a total. I had a 2004 Honda Accord with 155,000 miles on it, in good condition. They want to pay me $6100 for the “actual cash value” of my car. My $500 deductible has already been subtracted from this amount.
My questions are the following:
1) I would like to pursue my claim with the property’s insurance because they are at fault. They were negligent in maintaining their light poles, which ended up causing me to lose my car. How can I appeal their claim denial? Should I sue the property owners directly?
2) The $6100 that my car insurance is offering would not allow me to go on a lot today and get myself a 2004 Honda Accord with 155,000 miles on it. My research has shown that I would need at the very least $9000 to accomplish this. How can I have my insurance provide me with enough money to replace what I have lost with a similar item? They are planning to subrogate the amount they pay me from the other insurance.
3) I carry both collision and comprehensive on my policy. In reading my policy, it is clear to me that if this event was covered under my collision coverage (accident with another automobile), my insurance company will pay for the “actual cash value” of my car. However, my comprehensive coverage (falling objects) does not state if it will cover replacement costs or actual cash value. Could you help me clarify this?
4) If I take the settlement from my insurance company, can I still sue the property owners for the difference in cost, days off work to deal with this situation, additional car rental expenses (I have rental car coverage but my insurance will stop paying for a rental once we’ve reached a settlement)?
5) how about pain and suffering? I was not injured but this has caused me and still causing me some significant unnecessary stress.
Thank you for any insights.
October 16th, 2011 at 7:22 am #Lucie

I forgot to add that I have a clean title. I own the car and I was not planning to get rid of it any time soon. In fact, I had just renewed my registration for two years and now I’m still carrying with me my $160 worth of registration sticker that I was planning to stick to my windshield the day the accident happened.
October 16th, 2011 at 8:44 am #Jason

Lucie,
1. The property owners are not negligent and they are not at fault. I don’t know where how you arrived at that conclusion but it is incorrect.
2. The actual cash value is the replacement cost for your vehicle. Talk to your insurance company about the shortcoming in getting a replacement car of the same year and same mileage. That does seem kind of close.

3. Your policy pays for ACV and in this case it also means the replacement value of a car of the same year and same mileage.

4. Nope, you cannot sue the property owner if you take the settlement. Your insurance company (by paying you) has purchased that right to attempt to recover the money from the property owner.

5. There is ABSOLUTELY no pain and suffering involved in this claim.

Here is a summary: Try to get your insurance company to increase the allowance for your totaled car. Have them prove to you the basis for the settlement amount of $6600.00.

Let the insurance company worry about subrogation against the property owner. Either they will try to get their money back or they won’t. They have the resources and experience to get it back while you don’t.

As a person looking in from the outside, even though the light pole was rusted, there is no way the property owner would know it’s going to fall. Since they don’t know that, they are not negligent. Negligence is a difficult thing to prove and for this situation, it will be nearly impossible.

Stress is an everyday thing for people just because we live in the world that we live in. To prove that your stress is related to this light pole and your car will be extremely difficult. But before you can try to link stress from this event to you, you would first have to prove you had stress. That is another almost impossible thing to do.

Let’s say you are 100% successful in proving you had increased stress and that stress was 100% related to this incident. The end result of that would be $0 awarded to you because stress is an everyday occurrence and not a basis to award any money.
October 16th, 2011 at 9:41 am #Tiffany

I had to file a homeowners claim due to damage incurred after a natural disaster. Everything has been approved and the insurance company is ready to cut my check which is over $10,000 and so has to be made out to myself and the mortgage company. Almost half of that money goes to the restoration company whose work is already complete so the and payment is included in the check they are about to send. I have read so many horrible stories about having to deal with the mortgage holder in getting repairs done in situations such as this where the check was over a certain amount. If the insurance company pays the restoration company directly then the remainder would be less than the $10,000 limit and I could get a check with just my name. Can I request that they pay them directly and would they have any reason to decline since their work has already been done and these are monies owed? Are they obligated in any way to oblige my request?
October 16th, 2011 at 9:53 am #Jason

Tiffany,
Don’t read too many horror stories. Work out the arrangements with your mortgagee and it should go smoothly. The only interest your mortgagee has is to get the house repaired to its pre-loss condition.
October 16th, 2011 at 3:54 pm #Lucie

Jason,

thank you for your very thorough answer.

I’m really having trouble understanding why the owners of the light pole hold no responsibility whatsoever. Whose responsibility is it to maintain light poles? How often are these types of infrastructure inspected?

As for the insurance company, the way they arrived at the figure was using a software called CCC Valuescope. I have looked through all the details in the report they sent me and I have started looking in the inventory of the dealerships they listed. So far I have not been able to find any of these cars on my own. Can I ask my insurance company to buy me a car (same year, similar mileage and condition as my car) instead of signing me a check? If that were possible what would be the risks involved in that? How should I approach this? I just want to made whole.

Thanks again for your insights.
October 16th, 2011 at 4:37 pm #Jason

Lucie,
You don’t have to understand why they light pole owner is not negligent. They just aren’t. It is way too complicated to explain in this forum.

No, the insurance company will provide you money and they won’t buy you a car.

On that CCC report, what is your car rated? I could be excellent, average, fair, or poor (or some thing similar). You want it to be at least average.
October 17th, 2011 at 6:52 am #Nikki

I live in Rhode Island and my car was broken into. I have full coverage from State Farm. The passanger window was broken and my GPS (which was not visably out) was stolen from the center console. Would everything be covered by my insurance or will I have to Fit the bill for any of it?
October 17th, 2011 at 8:07 am #Jason

Nikki,
The broken window will likely be covered by your automobile insurance, if you have comprehensive coverage.

The GPS sounds like personal property and if you have a homeowner, renter, or similar policy, that is what would address the gps.
October 18th, 2011 at 4:53 pm #Beta

I live in California. When I just start my car and was going to back out in the parking lot, some lady hit the back of my car at the back. Her damage is at the front side door. My ins company said the lady told them that I hit her and she is gonna sue me. So if I have my ins company to decline the claim, I will be solely in charge of all the payments if she sue me in the court. So is it legal for an ins company to not represent me in court? And not taking care of the payment? And the ins company said since it is the back of car, it is really hard to argue, so it is hard to win the case. So should I just plead guilty and saying that I hit her, and let my ins to take care of the payment? Thank you
October 18th, 2011 at 9:05 pm #Jason

Beta,
Yep, you will likely never have an insurance company represent you in court concerning an auto accident.

Of course, if you are at fault, which I conclude based on the information you provided, then your insurance company may pay for the damage. If they don’t, they they may have concluded something different than I did.

As far as dealing with this, yes, let your insurance company deal with it. The only thing that you would have to notify your insurance company about is if you were sued for this accident. If you had insurance and the other person had insurance, there is very little chance of this going to court.
October 19th, 2011 at 3:56 pm #Lucie

Jason,

I’m following up on my situation about the light pole falling on my car.
The property owner’s insurance has now called me to let me know that they would take full liability for the incident. The call came after I had spoken with my claims examiner who told me he would give them a call to follow-up on their decision. Why such a change in tune? why would they take the liability if they truly did not believe they were liable? Is this a game?

Now I would like to recover the difference in price between what my insurance is willing to pay me and what it would actually cost for me to purchase a car similar to mine today. My insurance tells me that I would have to file a diminished value claim with the other insurance to recover this difference in price. The other insurance claims that I cannot file a diminished value claim because my car is not being repaired. What am I to believe?
October 20th, 2011 at 4:47 pm #Jason

Lucie,
Diminished value probably isn’t what you think it is. If you take 2 cars of the same color, year, mileage, brand new tires, exact same condition, the price of either one would be exactly the same. Now take 1 of those 2 cars, put it into a minor accident and fix it up so nobody would ever be able to tell the difference (except a body shop) and you won’t have the same price between these 2 cars now. That difference is called diminished value.

Since your car is being totaled, it is not being looked at by insurance as being fixed but instead they are paying the fair market value for the car.

Make a claim with this light pole insurance company and if they offer you more than $6600, you may want to settle your claim with them.
October 22nd, 2011 at 10:41 am #Karen

A couple of months ago i had police officers come to my house and ask about a hit and run with a pedestrian involved, and they had said my car had been involved. I remember the place they told me it was at but am positive it wasn’t me. Maybe someone accidentaly wrote the tags wrong. Well I had police call me and ask questions, which i then decided to ge an attorney to help me with my case. My attorney suggested that i not answer any questions and to just tel them to contact him, which i did. Well Its been about 3 months now and the police have not tried to find me, i dont have a warrant against me or anything, but my insurance company keeps sending me letters and calling me about the loss. I had nothing to do with the accident but somehow they’re trying to get my insurance company to pay for it since there was a injury and my tags were the ones that came up.
October 22nd, 2011 at 11:21 am #Jason

Karen,
If this wasn’t you, why are you avoiding your insurance company’s letters and phone calls? Did you tell your insurance company this? Did your attorney tell you to avoid calls and e-mails. Did you refer your insurance company to your attorney?
October 22nd, 2011 at 2:45 pm #Fantasha

Does anyone know when a renter’s insurance company hires an investigation firm to investigate an insurance claim, legally how long do they have in the state of missouri to investigate?????? It’s been 4 months and I feel like they’re dragging their feet looking for an excuse not to pay. I NEED HELP, PLEASE!
October 22nd, 2011 at 3:38 pm #Jason

Fantasha,
Generally, insurance companies attempt to get claims addressed and closed within 30. Sure some are out of this time frame but I would guess that 90% of claims are closed within 60 days.

Is there a legal standard – probably not. There may be a reason they are not paying or taking this long. We don’t know all the details of your claim and cannot provide any further information.
October 23rd, 2011 at 10:51 am #Karen

Jason, Yes my attorney told me to avoid calls. He told me that they want me to state something that they can use against me. Even tho i didn’t do it they want SOMEONE to pay and since my tags came up they think its me. My attorney told me it didnt matter if i did or didnt do it they justs want someone to be held responsible. He told me to tell them to call my attorney, which i have numerouse of times and they keep callling and bugging me.
October 23rd, 2011 at 1:03 pm #Jason

Karen,
Then that should be all you have to do. Don’t put to much thought or effort into this.
October 24th, 2011 at 12:39 pm #Karen

Jason,
yes i know this is just stressing me out, i already have enough problems as it is and i don’t need another one. And it is very annoying getting mail and calls from them all the time.
October 25th, 2011 at 7:09 am #Rae

Hey…I live in Ohio..One 10/14 I was at a intersection heading east at a red light. I hit a vehicle that was heading westbound and making a left turn. I struck the rear passenger side of their vehicle. I and the other driver both went to the police station and made our statements for the police report. Her isurance called me the next day and took my statement. I was told by her insurance that “it looks like her client is liable” The adjuster came and looked at my car a few days later. He said once they had gotten the police report they would finalize the claim. A few days had passed and I called to see what was going on. I was then told that me and the other drivers statements conflict and once the report was received a decision would be made. 4 questions…whos at fault? why would her story conflict if they are the same on the reports (i got a copy) whats going to happen if she not at fault? the car is insured but im not on the policy…if she is at fault can i request the check to be made to me? idk where im taking the car…it has a lien with us bank..
October 25th, 2011 at 8:12 am #Jason

Rae,
From the information in your post, you are the at fault driver. Her statement is the verbal statement she provided to her (and possibly your vehicle’s) insurance company. They are separate from what is contained in the police report.

If she is determined less at fault, or not at fault, then you would be the at fault driver and your insurance may address some, all, or no damage to her vehicle (variances in how much damage the insurance company would address based on the state in which the accident happened. You indicated where you live but not where the accident occurred).

Generally a permissive driver does not need to be on the policy unless you reside with the policyholder and are an excluded driver. The information you provided isn’t adequate enough to answer the question.

The policy holder (which is usually the vehicle owner) would be compensated for their damage if she were at fault. Why do you think a check would be made to you, and based on what?
October 26th, 2011 at 10:47 am #Brandon

Just a general question about a hail damaged vehicle.

We had an adjuster come out, survey the damage and we received a call from our insurance company saying they have an amount. They stated that they would write the check out to us and a body shop of our choice, but not only to us. Is this because we still owe on the vehicle? I haven’t had an insurance claim in years and was just wondering. Our deductible is $500 and would like to take a place, where we’d be able to get the estimate and include the deductible without having to pay it out of pocket.
October 26th, 2011 at 11:18 am #Jason

Brandon,
Why don’t you get the check written out to your lien holder and you. That way you can then take it to a place to get it repaired and the lien holder can be assured that the vehicle is repaired to its pre-loss condition.

Or, if that is what you want to do, work it out with the body shop that they can have the entire check amount if they agree that the check amount will be payment in full for the repair work. Don’t submit the check to them until the repairs are complete.
October 26th, 2011 at 12:05 pm #Brandon

That’s what we’ll do. I called the bank and they’d prefer the check be written out to us/bank. We can deposit it and they’ll put a hold on that amount until we have it fixed. Once we let them know, they’ll release the funds and we can pay the body shop.

Appreciate the help and direction.
November 1st, 2011 at 12:38 pm #Tina

Question,

An SUV hit my daughter which she was in the turn lane. They decided to go around her. They left the scene after they gave my daughter a phone number and said that they can settle with the insurance company they would not wait for the police. I call 911 she said I could file a claim in the morning because my daughter was yelling and crying on the phone and I just wanted her safe at home. I called the police they said I should have went back and filed a report and now they will only do property damage report. The guy called me and wants me to pay to have his suv fixed. How am I to know what damage was caused when he left the scene and should I file a report now. Sorry so long.
November 1st, 2011 at 1:30 pm #Ragan

4 way intersection. Light was green and I was going straight. Light turned yellow as I crossed the crosswalk closest to me. In a flash, I see a car trying to make a right hand turn in front of me. I just got to the other side of the intersection when he proceeded and hit me. Wiped out the passenger side of my car. He now claims he was going straight and that I ran a red light and his light was green. No witnesses came forward. My car is messed up and his insurance won’t fix. Can I sue in small claims for repairs and attorney fees? I want his insurance company to be held responsible. So if I sue him, will his insurance pay for damages, and attorney fees and court costs?
November 1st, 2011 at 2:02 pm #John

Faxed cancellation request to my Allstate agent (property insurance). She left me a message saying she could not cancel unless I told her I was changing to. Why would she have such a right?
November 1st, 2011 at 2:33 pm #Patrick

Hi, I recently got backed into by a power plant truck hauling ash around. The insurance company decided it 100% their trucks fault. So they had me go out and get estimates… I had three estimates done 2 for 2500 and one for 1850. So a couple days later I get a check for $1850 made out to that particular auto-body shop. I called them and told them I didn’t want to get my car fixed there, and that I wanted the check made out to me not to the auto-body shop. They told me that they wouldn’t send me a check made out just to me (I bought my car in cash, I 100% own it). Basically, I just want the money (obviously, I’d rather the $2500). I can’t understand why they won’t issue a check just to me… Right now, I’m thinking of just trying to deposit the check with only my signature on it… What should I do? I dont know if it makes a difference, but my insurance is out of Vermont and I am currently in West Virginia (and the accident happened in West Va.)… Thank you.
November 1st, 2011 at 2:36 pm #Jason

Tina,
When there is an accident, the time to do the report is at that time so it can be captured in the form of an accident report. This is especially important if the other person is at fault. In your daughters situation, I don’t know who was at fault. The insurance companies will have to figure it out.
November 1st, 2011 at 2:47 pm #Jason

Ragan,
If you sue the other driver, his insurance company will step in and defend him. The insurance company will have an attorney representing their client and themselves. You will have to prove he was at fault for this accident. That is a very difficult thing to do and you don’t have any witnesses.

You not only have to sue him, but you have to win your lawsuit. This is a costly and time consuming endeavor and the burden would be on you to prove your contentions. Even if you win, you probably won’t receive attorney fees and court costs but that is entirely up the the judge.
November 1st, 2011 at 2:59 pm #Jason

Ragan,
Also, I reread your post and besides no witnesses, this is going to be even more difficult for you to prove your case because you indicate “in a flash” you indicate you see a car trying to make a right hand turn. If you were focusing on driving and paying attention to the roadway and obstacles that could be in your way, things don’t appear as a flash for a car that is making a right hand turn in front of you. You should see this car slowing down, or if stopped, starting to proceed to make their turn but you didn’t. Instead you saw the car “in a flash” attempt to make a turn.

If the other car is turning and you are going straight, your vehicle would be the one doing the hitting, not his vehicle. At this point, it makes more sense that the other car was going straight, and hit into your car (because that is what you said happened). I’m just letting you know that this is going to be nearly impossible to prove that the other car was at fault.
November 1st, 2011 at 3:06 pm #Jason

John,
She doesn’t need to know who you are changing to, if you are even changing to someone else. That is just a delay tactic so you might stay insured with them.
November 1st, 2011 at 3:12 pm #Jason

Patrick,
They should write the check out to you. I don’t see any reason they don’t. Just be persuasive and tell them what you want. They should honor that.
November 1st, 2011 at 5:56 pm #Ragan

Ok. I do appreciate your feedback Jason, but I tried to keep it short and simple, so with that, I do understand what you are saying. So let me get into more detail. I saw the driver, trying to make a right turn. I was proceeding through what is now a yellow light, in that time frame, from one crosswalk to the other, I watched as he just kept on coming into the intersection, even though I was still moving. At this time, I was taking evasive action and trying to avoid him while getting into the other lane because I was originally in the one closest to the sidewalk. At that time is when he hit me. I have no front end damage to my car, and you can see where the impact is on his car, a lot on the driver’s side, and none going across the front of his car. He was process of turning right, and he edged into the intersection trying to look beyond the car that was to his left in the turn lane. In other words, his light was red, he didn’t want to wait for it to turn green, he was inching into the intersection to see if it was clear, and even though I was coming, he moved into my lane. I hope this clears it up. I do welcome your feedback…thank you….
November 1st, 2011 at 6:27 pm #Jason

Ragan,
Thanks for the additional information. I just can’t imagine that a car to his left would be so large and obstructive that this driver would need to edge into the intersection to see traffic coming from his left in what seems to be a 4-lane intersection.

So, if this guy turns right into the lane that you were occupying and you merged left into the other available lane because you see this developing, I fail to see how an accident can still happen. The other driver would have to have driven through one lane and turned into the lane that you just moved into in order for him to be in your newly acquired lane.

Regardless, I don’t get caught up in the details of anything. I know how difficult it is to sue someone. It it is even more difficult to sue someone and prove all the elements of your case AND win. Remember, you will be going up against at least 1 attorney. If you have one on your side, they have to prove a minimum number of elements to make this end in your favor. That will be time consuming and expensive. You likely will not recover any attorney fees if you proceed with this. An attorney will require a retainer and they work on an hourly fee which is pricey.

It is timely and expense to prove court cases that are fairly easy and clear-cut. This one is not easy and clear-cut.

Another part of this is the interaction that is conducted between the insurance companies. I assume you had liability coverage. They also determine fault and who is responsible to who. If you are not being compensated for your damage, it appears, at minimum, the other guys insurance company finds you more at fault, if not 100% at fault.

Do you have a favorable police report? That is another thing that can be a hurdle in court.

I assume you don’t have collision coverage if you want to pursue this on your own. Truthfully, if this was me, I would forget about this incident and move on with life.
November 1st, 2011 at 9:04 pm #Alex

I just have an accident on my commercial truck but the cost of the repair was more that what the insurance send me a ck
November 1st, 2011 at 9:26 pm #Jason

Alex,
You should be informed of what the check was for. Without any other information from you, I would imagine that your truck’s market value is less than the cost to repair. In that situation, the insurance company can choose to send you the lower of those 2 amounts.

If that is not the case, they you may want to check with your insurance company about why it is not enough to repair. Please remember that you have to include your deductible for repairs.
November 3rd, 2011 at 9:53 am #Brandon Burkhart

I have damage to the roof of my car and my trunk from backing into the garage. I had a private estimate done that said my roof and antannae needed to be replaced and estimated my total cost of repairs at $1700. I took my car to my insurnace company who did an estimate and they said they would not replace the roof or antannae and gave me an estimate of $1200. I complained about the difference and I was told that my only option is to take it to a repair shop and let them discuss with the insurance company and they will come to an agreement to do the work. The problem I have is that I may not want to make the repairs I might just want the lost value in my car and to turn around and sell it for less now. Is the insurance company allowed to give me a low ball estimate and then require me to get my car repaired if I want the estimate increased?
November 3rd, 2011 at 11:54 am #Jason

Brandon,
If you can have your vehicle fixed without removing the roof and it would restore your vehicle to its pre-loss condition, then that is the amount of damage you have to your car.

If you have to reduce your vehicle selling price by more than $1200 to sell it, then you may want to get it repaired.
November 3rd, 2011 at 1:22 pm #William

yesterday i was involved in an accident where the person driving the car i was in backed into another vehicle going down the road. the person of the other vehicle had an estimate of the damage done and they said $1500 then we had one done saying $1200. if we were to pay that $1200 then the other person filed a claim and paid their deductible that would be fraud right? what would we be able to do as far as protecting ourselves from something like that happening
November 3rd, 2011 at 3:19 pm #Jason

William,
That would be considered fraud. If you settle a claim with someone, that should be the end of it. Could this person then file a claim and attempt to collect from his insurance? Yes, technically that could happen. If you wanted to eliminate that possibility altogether, just let him make a claim with his insurance company and let his insurance collect from the insurance company of the vehicle you were in. Or this other person could simply make a claim directly with the insurance company of the vehicle you were in.
November 6th, 2011 at 6:16 pm #Mary

Regarding Ragan’s situation: I thought there are no attorneys in small claims court and both sides just represent themselves? (The assumption being that for small claims, there’s not enough money involved to make it worth paying for a lawyer.) At least I believe that’s how it is here in CA. Is that not the case?
November 6th, 2011 at 7:09 pm #Jason

Mary,
I don’t know where your perception was developed. The judge in any courtroom can allow (or remove) any person in their courtroom they want. If it is not standard for attorneys to be in small claims court, how do you think an insurance company is going to represent themselves? If attorneys are not allowed in these proceedings, then the insurance company attorney will ask for permission from the judge and the judge, in every instance, will grant that variance.
November 7th, 2011 at 5:15 pm #paul

I was hit by a drunk driver his insurance dropped the claim because he failed to get in touch with them. he was arrested for d.w.i. I know he owns a home but that is all i know can i place a lean on his home since he has disappeared.
November 7th, 2011 at 9:08 pm #Jason

Paul,
You would have to sue him first, then secure a judgment, and then you could then file a lien on his home. It’s kind of involved so know what you are getting into.
November 8th, 2011 at 8:43 am #Whit

I recieved hail damage and I am taking my car in to get an estimate from my insurance company. Once I know the worth of the damage and I decide to get it done on my own am I required to have a body shop lined up so they can pay them or can I wait and have them give the check to me. I read about checks being signed to person and lean holder, if so does the lean holder sign it off to me once I find a time to repair, or can I pay the remanded of my loan with that check and be given the remainder?
Thanks whit
November 8th, 2011 at 8:52 am #Jason

Whit,
You will receive a check with the body shop and your name on it or the lien holder and your name on it. If you can make those arrangements with your lien holder, then that is something you can do.
November 8th, 2011 at 9:06 am #Whit

Thanks
November 10th, 2011 at 9:37 am #rishabh mishra

HI,
I have lost my bike in the month of July this year, i have submitted all the document to insurance company. the survayer come at my place to visit the location and filed a negative report that i have intentionally lost my bike as one of the original key was missing , he is saying that the 2nd key was not use and hence you have left the 1 key in the bike so it got stolen. i have given the affidavit saying that my key got lost in the month of jan this year. and i am using the same key(2nd key)..

they are saying that there is no scratch or dust on the key so it is not used. you have shown your carelessness on this .

please help me here it was new bike i have purchased in the month of nov 2010
November 10th, 2011 at 9:38 am #rishhabh

HI,
I have lost my bike in the month of July this year, i have submitted all the document to insurance company. the survayer come at my place to visit the location and filed a negative report that i have intentionally lost my bike as one of the original key was missing , he is saying that the 2nd key was not use and hence you have left the 1 key in the bike so it got stolen. i have given the affidavit saying that my key got lost in the month of jan this year. and i am using the same key(2nd key)..

they are saying that there is no scratch or dust on the key so it is not used. you have shown your carelessness on this .

please help me here it was new bike i have purchased in the month of nov 2010
November 10th, 2011 at 9:43 am #Jason

Rishhabh,
If you lost your bike (misplaced), the insurance company won’t pay for that. If your bike was stolen, then they should pay for that.

If you carelessly left your key in the bike, that is not a reason to deny your claim. You may need to get some help with your claim. You may want to discuss the claim details with an attorney.
November 11th, 2011 at 7:46 am #Rocco

Hi….A tree limb fell on the roof of my car. I received a 4000.00 insurance check made out to me and body shop, but not really sure if I want to get the roof fixed. Its a newer vehicle, and I can live with it. Body shop wants to put a new roof on it, and it sickens me thinking my newer car will get torn apart. Anyway, can I request the insurance company make the check out to me and the lienholder, a local bank that has many branches? If I bring the check into a local branch, any chance they will stamp it and let me cash it so I can get it repaired the way I want to, and not the body shop’s way?

Thanks
November 14th, 2011 at 10:01 pm #Gina

I was rear ended and the insurance company made me give them a auto body place for them to send the payment to. Can I ask them to give me the check directly or is that not allowed?
November 14th, 2011 at 10:03 pm #Gina

Also I own the car outright and live in California if that makes a difference
November 14th, 2011 at 10:37 pm #Jason

Rocco and Gina,
Contact your insurance company and have them issue the check to your lien holder and you. That way you work out the arrangements with your lien holder how and when they release the funds when the repairs are made. If you don’t have a lien holder, then they won’t have to include a lien holder on the check with you.
November 14th, 2011 at 11:24 pm #Eric

I had claimed my windsheild being defected. Only reason I claimed it is because the guy at the auto glass place said we should. My agent said it was ok to replace the glass and to bill them.. About 3 months later I get a bill in the mail saying I owe the auto glass place for the windsheild . I was told it was covered under my comp and no problem. What can I do? Even after the auto glass guy talked to my agent I called my agent and told her I did’nt know we were going to bother with insurance I was going to pay for it my self.. Now not only do I have to over pay ” insurance company’s get jacked on price’s” but my insurance company screwed me.. What can I do?
November 14th, 2011 at 11:34 pm #Eric

By the way I am new to this. I may have posted in the wrong place and I am from PA is laws change. Thank you.
November 16th, 2011 at 7:53 am #Jason

Eric,
Defective windshields aren’t covered by your automobile policy. In the end, this seems to be working out the way it’s supposed to. – The cost of replacing the windshield is your expense, the insurance company didn’t pay for this, and the windshield is not defective any longer. It appears the auto glass person gave you inaccurate information when he said to make a claim.
November 17th, 2011 at 7:18 am #Tony

Hello,

I have a property judgement lien against my home from an old creditor – I have been out of work and am waiting on a disability settlement so a lot of my debts have gone unpaid. As soon as my settlement comes through I will be able to clear that lien (it is for approximately 10k on a 250k home) – My question applies to this:
I have an homeowners claim that has been in the works for about nine months from some storm damage last year, the work is recently completed by the contractor and our first payment was sent by the insurance company a few months ago, we paid this to the contractor already with no incident from our mortgage company in getting the check endorsed. The lien on my home was just placed about a month ago and I have just received the final payment for the insurance claim to cash and hand over to the contractor. Like the previous payment, the check is made out to both myself and the mortgage holder. My mortgage account is up to date. Will I have any issue getting an endorsement from my mortgage company on that check due to that lien from the credit card company?

Thanks –

Tony
November 17th, 2011 at 9:45 am #Jason

Tony,
You will have no issues from your mortgage holder. That lien that is placed on your house takes a back seat to the financial obligation you owe your mortgage holder so, to your mortgage holder, it’s not significant.
November 19th, 2011 at 10:41 pm #K

I just got home a few hours ago from a fender bender which is (as best I can tell) 100% not my fault. I was going straight through an intersection in the righthand-most lane, and as I was going through the intersection a car coming the opposite direction tried to turn left across my path and I hit the back right side of their car with the front right side of mine. Basically, they tried to make it before I crossed, I tried to slow down, and they didn’t make it in time (I had the right of way).

So is this a slam dunk in terms of fault? I did hesitate when the light turned green (it’s a bit of a strange intersection with to coverging one way streets coming together into a single two way street), to be sure no one was coming. But then this person tried to zip through and we clipped each other (I tried to slow down when I saw them coming). Should I be worried that I will be partially to blame?

Thanks for putting my mind at ease if you answer my questions!
November 19th, 2011 at 10:46 pm #K

Also, did I do the right thing calling the police? I was feeling nervous after a few minutes when the person who caused the accident said to me:

A: she didn’t have her current insurance card
B: that the cops didn’t usually come to fender benders (um, they did), and
C: that we shouldn’t call our insurance companies because they weren’t open on the weekend (yes, they were, because I called mine and filed a claim as we were waiting for the police)

So I did call the police, and I think I was right to do so since we didn’t have any witnesses and she is at fault (she did have a passenger though, and I was alone, which was another thing making me nervous when she started trying to weasel out of her responsibility for caused the crash).

Anyways, I am a little shaken, but I think I’m in the right by assuming that it’s likely I will be 0% at fault, and also my insurance premiums won’t go up if they determine the 0% fault? Thanks again!
November 20th, 2011 at 12:04 am #Jason

K,
I understand you were going straight through the intersection in the right-most lane. This other car attempted to turn left in front of you. The other car turned from her lane, was essentially broad-side to you as she traveled through the lane to your left that you were not in, then almost crossed your entire lane and you struck in her right rear with your right frong.

Although she did something wrong, it is your duty to watch out for objects that can or will be in your way as you travel the roadways. This car gave you a considerable amount of time to avoid her yet you only slowed down. What about slamming on the brakes and stopping?

It sounds like the majority of the fault will be assigned to her. Some may be assigned to you too.

Calling the police was the right thing to do. Now you have it documented that you were in an accident and hopefully the police can capture the accident details correctly. This may be called an accident in which the other driver was majority at fault. She did the first wrong thing by turning in front of you unsafely.

However, if you were at a stop (or reacting to a red light that was turning green for you) and you proceeded through the intersection and you struck her before she had time to clear the intersection, then you would likely receive 100% of the fault. I don’t understand the way the streets are designed. But it depends on how this intersection is determined, and if she was turning on a designated light. She is owed the courtesy (and the right) to clear the intersection if she entered it under permission of the lights. Sometimes it takes a little while for all cars to clear the intersection. I think this could go either she is majority and you are partial for the accident, or you could be 100% at fault for the accident.
November 20th, 2011 at 5:57 am #K

We both had a green light at the same time, but she was supposed to yeild to me as I was going straight. When the police filled out the report they listened to what happened and put her car at “fault” or as the number 1 car that caused the accident.
November 20th, 2011 at 8:00 am #Jason

K,
From the information you provided, you said “I did hesitated when the light turned green” is something that would need to be investigated more. That seems to mean the intersection control had just been transferred to you. If it had, then you have the right of way but only after all prior right of way vehicles in the intersection have cleared.

Sure, at first glance the accident is her turning left in front of you. That is what most people will pick up on and go with. You indicated that is how the police officer wrote it up. That is good for you. Hopefully the insurance companies go along with that too. If they do, then some blame can be assigned to you because you hit a vehicle that you should have had enough time to see and avoid.

Many states address the responsibility aspect of an accident that the person who is 51% at fault, or greater, is responsible for the entire accident. While some states indicate if 1 driver is 60% at fault (for example), then they pay for 60% of the damage they cause.
November 20th, 2011 at 11:42 pm #Philicia Scott

Hi, I was in a accident with four people and we have now settled. Out of all four of us we each received a separate check with our name on it. One of the people in our group used a Medi-cal card. This person is being billed past what they were rewarded by the insurance company. Can our lawyer take money from our check that us other people were rewarded with our name on it to pay for their medi-cal bills? Legally?
November 21st, 2011 at 6:50 am #Jason

Phiicia,
No to both questions.
November 21st, 2011 at 7:10 am #NAKAYLA

I LIVE IN TENNESSEE & I WAS HIT BY A DRIVER & DAMAGE WAS DONE TO MY CAR…THE AT FAULT DRIVER HAS FARM BUREAU INSURANCE…CAN THEY WRITE THE CHECK OUT TO ME IF MY CAR IS OWNED OUT RITE & I REQUEST THAT THEY DO SO, OR DO THEY HAVE TO WRITE THE CHECK TO THE BODY SHOP?
November 21st, 2011 at 7:22 am #Jason

Nakayla,
They should write the check only to you. The car is owned by you and you suffered the loss. I’m sure the body shop does not own your car so their name should not appear anywhere except the estimate.
November 22nd, 2011 at 3:40 pm #Matt

i was in an accident that i was at fault for. my insurance accepted the claim to pay for the damages to the other party. my vehicle had only a liability policy, although the vehicle has a lien on it. it is my understanding that the insurer is obligated to require me to have full coverage due to the lien, which they failed to do. is this true? and if so can i go after them to pay for the damages to my vehicle?
November 22nd, 2011 at 3:56 pm #Jason

Matt,
You have that a little backwards. Your lien holder strongly encourages you to have physical damage insurance so it protects the lien holder’s collateral. Your insurance company couldn’t care less if you had or didn’t have full coverage insurance. So, going after them for your failure to have physical damage coverage is not appropriate.
November 28th, 2011 at 7:47 pm #Daniel Mendoza

Recently a school bus hit my parked vehicle. The school district was quick to take blame and I am currently in the process of working with their insurance for payment. I took it to their “preferred” repair shop for a quote. $2800 is what I was told. They also said they wouldn’t be able to start repairs until the 12th of Dec. After deliberating I have decided to use the money as a down payment on another vehicle. The insurance claim agent told me I could have the rented car until today Monday the 28th due to the holidays. Today he told me he would only pay for 5 days of the rented vehicle. I have had it for 10 days. Is this legal? The vehicle has tire damage so is not drive-able, he told me to keep the car for 10 days, and their repair shop cant fix it until Dec 12th even if I decided to have it repaired. What should I do? I don’t want to be stuck with a $300 enterprise bill. Also I did not receive a hard copy of the quote but they gave me the estimate over the phone. I am now worried that they may “lower the quote” knowing that I will not do the work. Do I have other options if this is the case?
November 28th, 2011 at 11:24 pm #Jason

Daniel,
You have settled the claim with the insurance company for $2800. Part of that settlement is that you no longer need a rental vehicle because you are not going to repair your vehicle, but get another vehicle. The insurance company isn’t going to pay for your “shopping” time to get another vehicle. So, yes, they can do what they did. However, just ask them if they will pay your rental so you don’t have to pay any out of pocket for that. Just ask and be nice about it. They have the flexibility to allow that. The $2800 is what it’s going to be. Regardless if you repair or not, that is the damage they did to your car.
November 29th, 2011 at 11:26 am #Kirsten

My husband I were recently rear-ended on a freeway by a drunk driver. We were in a rental car and the car was totaled. He never braked and struck us at approximately 60 mph. Both us and the other driver, (who was arrested for driving intoxicated), have insurance. The drunk drivers insurance keeps calling us and not our insurance. They are pressuring us to “close out” our medical claim. My chiropractors receptionist suggested we seek an attorney, as “closing out” our claim will leave us no recourse should medical issues arise out of the crash later down the road. Our own insurance is being difficult and we have yet (3 weeks later) to speak to our own adjuster. Should we seek an attorney? Or tell the drunk drivers insurance to contact ours directly and not us? Any help is appreciated.
November 29th, 2011 at 11:31 am #Tammy

A woman rear-ended the back of my car and was found to be the at-fault driver. Because of the age of my car, the insurance company considered it a total loss and paid me the market value for the car, $2,500. However, I just spent a significant amount of money ($5,000) on a new engine and convertible top 4 months prior to her hitting me. I want the car repaired. I didn’t have a new engine put in and top installed so someone could hit me and render my vehicle useless. To repair the damages she caused, it will cost $5,500. Can I sue her for the $3,000 difference needed to repair the car? This is in Texas. Thanks.
November 29th, 2011 at 9:22 pm #Jason

Kirsten,
The other insurance company won’t contact your insurance company about the injury portion of your settlement because that relationship exists between the other insurance company and you. Your insurance company has nothing to with the settlement effort of the other insurance company.

If you come up with a monetary amount for your pain/suffering and injuries in addition to any expected or unexpected further issues, then you have covered all your bases.

If your claim (and there is likely one for you and one for your husband) is valued at $10,000 (for example) then that the amount you will receive. If you want to get an attorney, and we use the same $10,000, you will get $7,000 and your attorney will get $3000.

But, your attorney might be able to get your settlement amount increased. Let’s assume he gets your claim value up to $14,000. Is that good? No, because he would get paid $4200 and you would get $9800.

The decision is yours. The worst case scenario with this example and an attorney is that your claim will be $10,000 and you will only receive $7000.

The best case scenario is if he was able to turn your claim into $20,000 (for example) and you would then end up with $14,000. Generally, attorneys are able to increase a claim but that added increase doesn’t benefit you – it kind of makes it a wash for you.
November 29th, 2011 at 9:29 pm #Jason

Tammy,
It’s not about what you have spent on your car, it’s what it’s market value is. You received $2500 for the value of your car and it’s over. You can’t sue anybody for any additional amount. It’s not good to spend a lot of money (in this case $5000) on a car that is worth half that amount.
December 2nd, 2011 at 10:36 am #Mark

I moved out of state and put my house up for sale last year. I sold my house recently. Homeowners insurance was canceled. The buyer said there was roof damage and asked me to claim with my old insurance company. I filed and insurance company paid the claim. Buyer owed me money which I adjusted against the claim payment. Buyer wants me to pay him the money i got for the claim. Is my position legal?
December 2nd, 2011 at 2:14 pm #Jason

Mark,
Technically, you don’t have to pay him a dime. The damage, claim, and insurance money is yours. It was realized after damage was found, a claim was made on a policy you paid for, and you are the one that can do what you want with those proceeds. If the buyer didn’t owe you anything, this wouldn’t be a concern because you wouldn’t be reducing the funds to him.
December 2nd, 2011 at 4:58 pm #Ricky

My Car got broken into in front of my house. Broke the window and also messed up with paint and the weather strip all around the window. MY insurance said that they would send me a check because i got the window fixed myself. Now they are saying they need the shop so they can pay them. Does is mean now im not getting the check anymore
December 2nd, 2011 at 6:23 pm #Jason

Ricky,
You will get paid for your window repair you did and the shop will be paid for their repairs.
December 3rd, 2011 at 11:38 am #Misty

I was rear-ended less than a month after I bought a 2004 Dodge Caravan. I traded my other car in getting $2000 for it. I didnt think he had insurance cause on the police report it said he had none so I was going to go through my insurance but I just found out he does have insurance. I already have an estimate from my insurance but have not signed anything over or recieved a check. The van was a total loss. I paid $10600 and my insurance is only giving me $9100 after my $500 de. What I want to know is should I go with mine or go after his and try to get what I paid. Cause not only did I lose the van but I traded in my car so now I won’t have that either. The van was fully loaded, only 42,000 miles and in brand new condition. I have looked and can’t find anything out there like it. What should I do?
December 3rd, 2011 at 12:17 pm #Jason

Misty,
Insurance will pay you fair market value (ACV) for your vehicle. In this case, it’s ACV is $9600. If you paid $12,600 for the van, you paid roughly $3000 more than it’s value. Neither your insurance company nor the other person’s insurance company can correct that.

What will the other insurance offer? They will offer you ACV which I believe is roughly $9600 based on what your insurance offered you.
December 3rd, 2011 at 9:50 pm #Liv

On October 26 of this year, I was in a car accident. In the car with me was a friend of mine and we both had severe whiplash. The other driver was at fault for pulling out in front of us. Both vehicles were totaled. The vehicle was given to me in May of this year, although I didn’t get any documentation stating the vehicle was mine. The man who gave me the car did state that the car was mine in front of witnesses. Come to find out, the vehicle I was driving didn’t have insurance on it. The reason why I didn’t get it put into my name is because the man who gave it to me owed taxes on the car and didn’t possess the title. That was what he told me, but after the accident I had found out that he owed nothing and could have received the title at any given time. The man is my sister’s father-in-law, which is why I trusted him, but in the eyes of the insurance group the car is legally still his. He is also trying to take the insurance check of the vehicle away from me. I heard something about driving a car that is uninsured can get you back $5000.00 to each person who was in the car. Is this true? If it is do you think this would hold up in court? Or what can I do in this situation? It is difficult because the money that is being returned from the accident should be used to buy me a new car to get to and from work, but they are attempting to swipe it out benieth my feet.
December 4th, 2011 at 6:18 am #Jason

Liv,
This is clear-cut. You were in an accident with someone else’s vehicle. A title is generally what is used to determine who is a vehicle’s owner. It appears you were not the owner of the car because, generally when a car is being driven, the owner will have it insured.

It’s not just in the eyes of the insurance group, but the eyes of the entire nation, that is car belongs to him. Don’t be confused because he isn’t trying to take the insurance check from you because you will never be in possession of it. Also, he isn’t just trying to be paid for collision damage to his car but instead, he will be paid. Don’t worry, I’m sure if he intended you to keep the car for absolutely nothing, he will turn the cash over to you.

There should be no difficulty about this because you’ll just implement the plan you had in May of this year to get a car because, if you remember, you didn’t have a car at that time. So just implement your plan and you can be thankful to this relative for letting you drive his car for 6 months while you figured out how to get your own.

Regarding the $5000 that you heard from someplace, that might have to do with insurance and if you had insurance, you could reference your policy. The only claim you or your friend appear to have here is if you need to be compensated for your injuries from the at fault driver.
December 5th, 2011 at 12:01 pm #Jerry

I was rear-ended by another driver. I filed a claim with their insurance company and received a check payable to me and the suggested body shop. Before I could get the repairs done I was rear-ended again by someone with a different insurance company. I filed another claim. I went back to the same claim center and had the car looked at again. I made the body shop aware that their was an outstanding claim and that they would need to coordinate with both insurance companies. They said this would be no problem. They went ahead and repaired the car under the older claim. In the meantime they received a check from the second insurance company that they said would be refunded to me but it has been a few months and have yet to do so. They have said that they need to figure out “how to make this work”. Something doesn’t seem quite right here. My issue is not that I have not received a refund but that they have money for something that they did not do. I have the receipt from the repair and the 1st company fully paid for the repairs that the shop did. Thoughts?
December 5th, 2011 at 2:08 pm #Jason

Jerry,
Unfortunately this happens all the time. They promise you a refund for you to sign the checks to them and they take all the money because all the damage repairs consumed both checks.

Just as long as your car is repaired, put this behind you because there is nothing you can do at this point.
December 5th, 2011 at 7:31 pm #Bren Lee

My Tahoe got broken into and they stole my third row seats. I have taken it to the suggested body shop for an estimate. I don’t want to take it there. I wanted to find it cheaper to cover my deductible. They want to make the check out to me and the body shop. I own my car and live in California . Can I get a check just in my name. First they said they would send me a check then they said it would be better to be in the shop and my name so they know the seats were replaced. Just in case it happens again. But I would have a receipt. So this dose not seem right to me.
December 5th, 2011 at 8:03 pm #Jason

Bren Lee,
The part of your policy that addresses how the loss will be paid is below:

PAYMENT OF LOSS
We may pay for loss in money or repair or replace the damaged or stolen property.

The provisions of your policy seem like they should pay you for the loss in money. It doesn’t say pay you (and the body shop). Please bring this to their attention and ask that they follow the language of the contract you have for your loss instead of doing what they want to do.

If they elect to replace the damaged or stolen property, provide them your address for them to deliver the seats because that is their other option. It seems paying you in money is a lot less complicated.

They do not need to know that the seats were replaced. That is none of their business.
December 8th, 2011 at 9:43 am #trish

Quick question…. my son and I was in a wreck along with my mother and my sisters kids(two girls)..everyone has already been paid,however they didnt get a lawyer and already got their money months ago,before thanksgivings.my son and I has yet received znything.a phone call, email,text nor anything.i really starting to become ill…we was in our accident june 18th of this yr..how much longer will it take to get our money? or can I call the adjuster and settle on my own?please,please help Thanks,
December 8th, 2011 at 10:08 am #Jason

Trish,
In order for us to address your post, it needs to make sense. No offense but your post is very difficult to read and because of that, impossible to understand. In order for us to help you, you need to express your claim concerns so we can understand what you are talking about.

Explain what kind of claim you have. It would be great if you can use correct grammar. Be specific. Although you know what has happened regarding your claim, we don’t and we need you to express it so we can understand it.
December 8th, 2011 at 10:49 am #trish

hey jason, I was in a wreck with my family everyone has received their settlement except me and my son. I hired a lawyer, how much longer will it take for my settlement, the wreck happen on july 18, 2011
December 8th, 2011 at 10:56 am #trish

they got their settlement b4 thanksgiving…they didnt get a lawyer how long should it take? or should I call and settle on my own?
December 8th, 2011 at 10:58 am #Jason

Trish,
Thanks for re-posting. You have clouded the matter by hiring an attorney. Technically you could call the adjuster and settle on your own but then that defeats the reason why you hired the attorney.

If you wanted to call directly and settle this by yourself, you need to relieve your attorney. However, the contract you signed with your attorney will require you to pay him if he settles this claim or you do.

I’m sure if the other people have settled and been paid their claims, you pretty much know how much your settlement will be. What ever that is, take into account that you just gave 1/3 of it away to your attorney.

Did the other people get an attorney? What happened after the accident that you believed you needed to secure an attorney?
December 8th, 2011 at 11:12 am #Jason

Trish,
This is definitely going to take longer with an attorney. Their intent it to maximize the amount you get. That generally take time to obtain your medical treatment expenses, notes, and all that is related to the accident. They will take that information and prepare a demand package that essentially outlines what they want the insurance company to pay and they will justify their demand with information why and how much your claim should be settled for.

With the information you have about the other people that settled, take the average amount they received and multiply it by 1.33. The amount after multiplying it by 1.33 is what you will need to receive the average same amount as the others after paying your attorney.

For example, if the other people received $3020. You would multiply that by 1.33 and arrive at $4016 as the amount you would have to be paid. However, if the attorney does not increase what you will get, and you are paid $3100 like the other (this is an example), then you will get $2024.

*All claims are based on their own merits and not all injuries are worth the same. The above information is only an example.
December 8th, 2011 at 8:10 pm #rey

hi: i was involved in accident in wich the other driver made a sudden left turn and she crashed into the front of my car. both cars seems to be totaled. now the girl that was driving is not under her parents insurance policy. and the insurance company (geico) is telling me that there is an investigation on this incident and do not want to rent me a car nor send an adjuster to see the damage on my car and i have miss work since november 24th beacause i work as a account executive and my work is driving from business to business, i will probably get fire. what should i do ?
December 8th, 2011 at 8:31 pm #Jason

Rey,
Sit back and think about this for awhile. You need to have a car for your employment. Get a weekly rental at Enterprise. You should be able to pay the $25/day on a weekly rate if you are an account executive. You could have done this as soon as the date of the accident. But since you didn’t, do it now. Oh, and since you haven’t been working since Thanksgiving, get back to work.

Then, file this claim with your insurance company because you very likely have collision coverage. If you believe your car is totaled, then also start looking for a replacement car so you can buy one if you have enough money to do so now, or when you receive the settlement from your insurance company.

DO NOT rely on anything happening with Geico. That claim will likely be denied and you will have no coverage from that other driver’s insurance. Don’t worry about it because that is why you have insurance. It is to protect you and your investment when damage like this occurs. And just because you don’t have rental car coverage on your policy, don’t let that let your life screech to a halt.

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December 9th, 2011 at 10:07 am #Erin

Hello,
I was involved in an accident that was not my fault. I did not have collision coverage through my insurance at the time and I do have a title loan on the car. My car was totaled. In having a lien on my car how will this affect me? The insurance company of the person at fault told me that they will not be covering my injury claim due to me being a 3rd party because of the lien and I need to speak with my provider. What exactly does this mean? In reference to the provider, is that the company I have the title loan through. I’ve been debating on getting a lawyer as I was badly injured and do not have medical insurance. Any advice would be greatly appreciated.
Thank you, Erin
December 9th, 2011 at 11:59 am #claims solicitors

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December 9th, 2011 at 12:17 pm #Jason

Erin,
We don’t like to answer any questions we don’t understand. It only affects your lender that you no longer have the car that they had their loan secured with. The other part of your post doesn’t make sense.

If the other insurance company sent you a letter and the information that you are trying to get across in your post is in that letter, try e-mailing that letter to complete.insurancehelp@gmail.com or explain in anther post what you are trying to say.
December 9th, 2011 at 6:33 pm #Miranda

Hello,
I was in a car accident awhile back that wasn’t my fault and I broke my wrist. Now the other guys adjuster sent me authorization papers that he’s saying I HAVE to sign so he can see all my bills for my wrist. I don’t want to sign them though because I was advised not to. Should I sign these papers? And also does this sound like a case that I could settle without a lawyer? Because I don’t want to hire one and drag this out any longer. Thank you very much for your help!
December 9th, 2011 at 6:45 pm #Jason

Miranda,
What they want the authorization for is to obtain your treatment records, expenses, and prognosis so they can put together an offer for you to settle.

If you want an attorney to do this for you, you would be signing that medical authorization with your attorney and you will be paying him to review your medicals, and then put them into a demand package that he would forward to the insurance company.

It’s up to you what you do. Now this might be a crazy question but who advised you not to sign this medical authorization and what is that person’s credentials? Some people talk and don’t know what they are saying.

If you want your claim to settle as soon as possible, sign the authorization and find out what this company wants to pay you to settle.
December 10th, 2011 at 5:00 pm #Karen

A DRIVER SIDESWIPT ME TO AVOID HITTING THE GUY IN FRONT OF HIM DUE TO AN EMERGENCY VEHICLE COMING THROUGH AN INTERSECTION. He admitted fault. I ALREADY HAD RODS AND SCREWS IN MY BACK BUT HAVE NOT HAD ANY PROBLEMS SINCE THE SURGERY IN 2003, AS SOON AS THE IMPACT I STARTED FEELING PAIN AGAIN. THE AMBULANCE TOOK ME TO THE HOSPITAL AND THE XRAYS SAY I HAVE A BROKEN SCREW BUT THE DR. SAYS HE CAN,T SAY IT WAS FROM THE CRASH. I AM IN PAIN AGAIN. I WAS HIT IN THE DRIVER SIDE AND OF COURSE I WAS DRIVING. IT TWISTED MY BODY. I AM NOW TAKING PHYSICAL THERAPY. WHAT SHOULD I DO?
December 10th, 2011 at 5:18 pm #Jason

Karen,
Your questions is too vague to address.
December 11th, 2011 at 12:47 pm #mark marsaiq

hi, i was involved in an auto accident two days ago in my home town. i went with my girlfriend and her little sister to pick up another sister of hers and as i came to a stop at a stop sign, looked in both directions and took my turn to go, i got half way through the street when a big suv ran the stop sign on my left and completely wrecked my entire front of my honda civic. the guy who was driving happened to not have a license and actually walked up to me and asked me to lie for him and tell the police that his mom was the one driving because she is the one who was on the insurance and im wondering if the insurance on their vehicle is still valid even though he was the driver and his mom was in the car along with his son. anyways, my questions are, what do i do?

ive called my insurance and filed a claim but now i am in quite a bit of pain and cant function well at work so i take time off, my car is totaled and have no means of transportation considering i work 20 miles away in another city. me and the other two passengers got injured and i am so lost as to what to expect from this to pay for everything. i mean im losing money by not being able to work for a bit and i have no way to get there in the first place considering i used all my savings to get the car i just got wrecked. i am looking for some kind of advice as to what i should ask for or hope for, i am starting to see a chiropractor and everything.

please help in any way you can. ive even got witnesses that are in my favor but i need some professional advice because i am so lost.

thank you,
mark marsaiq
December 12th, 2011 at 7:08 am #Eunice

I had a Progressive insured rear end my vehicle. The police department in the local town ticketed him for wreckless driving but didn’t make an arrest as they didn’t know under what influence he was under. Turns out he was under the influence of narcotics. My car was totaled out and Progressive quickly cut me a check for $4000.00 but when it comes to my medical, they want to settle for $5500.00. The at fault parties policy tenders at $25000.00. I have witnesses, plus pictures of my injury, still in pain, things will never be the same for me, ever, yet Progressive wants to settle for 1/5 of the at faults party policy. Should I proceed and file for a court date hoping that they will settle for much higher out of court or are they locked into wanting to pay $5500.00 and that’s it?
December 12th, 2011 at 7:43 am #Jason

Eunice,
It doesn’t matter if the at fault party’s policy limit is 25,000 or 25 million. That has nothing to do with your injury.

We don’t know what your injury is but let’s put it into perspective for you. Ok, sue the other driver. That will require giving away 1/3 of anything you would recover to your attorney. So, now you are down to $3685. Let’s say this goes to trial and is heard by a judge or jury and they decide that your injury isn’t worth $5500, but instead $5,400. Because you were offered more than the court decided, you have to then pay the other side’s legal expenses which might leave you walking out of the courtroom with $0. This is a worst case scenario so you might want to know how long this could take. It could take years.
December 12th, 2011 at 8:25 am #Jason

Mark,
Your questions is too general when you ask, “what should I do?” Can you be more specific with your question or questions?

You indicate you need some professional advise. We don’t charge for the information we dispense here but you are more than welcome to donate to the contributor addressing your questions.

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December 12th, 2011 at 9:12 am #Miranda

Thank you very much Jason, your advice was helpful(:
I think your right and the person telling me not to sign the papers was wrong. so Im now gonna go ahead and processed with everything I just didn’t wanna make a big mistake by singing something if I shouldn’t have, thanks again.
December 12th, 2011 at 9:23 am #John

Jason,

I truly appreciate everything you are doing here to help folks but why don’t you think Miranda should not at least consult with a contingency-based attorney? She is talking about being hurt for possibly the rest of her life and you are advising here to blindly take only $5500? 60% of 25K is 16.5K. Three times as much. Plus we are talking about bodily injury here? What state only has a minimum of 25K for bodily injury? Am I missing something?
December 12th, 2011 at 2:29 pm #Jason

John,
I’m not a proponent of advising someone to waste their time. If Miranda had indicated she had part of her spleen ruptured, spinal cord damaged, and/or a traumatic brain injury, I my answer would likely be a little different. But, as you can see, she was already incorrectly advised by someone not to sign her medical authorization. She said she doesn’t want to hire an attorney, and she doesn’t want to drag this entire thing out. Based on that information, I can provide fairly accurate information.

No, she is not talking about being hurt for the rest of her life. She indicated she broke her wrist. Bones break and bones heal. Your assumptions are not helpful to the situation. I know we are talking about bodily injury – that’s what a broken wrist is. Where are you coming up with $16,500? That seems to be something you blindly posted. Nothing led up to it and nothing referred to that dollar amount.
December 12th, 2011 at 8:04 pm #shawn

i was in an accident the other day. street lines have recently been painted differently and some cars had stopped right before the entrance to the high way… it kind of flows into another lane. but either way i looked and they were goin over the peak of the bridge. then i looked back up and the car infront of me was getting real close. real fast. never saw any brake lights

but any way me question is i have the pick your price insurance with progressive…got the absolute minimal and cheapest i could get it. basically with no collision and only 10k in coverage. the car i hit the worst reported an estimate of $9700. first of all there most def was not that much damage to their vehicle. and then i looked up the blue book value and its only between 9-13 grand… after further thought i realized that if they took just under 75% of the best possible value. they did it basically at something like 70% so they wouldnt have to “total” it. they obviously had a buddy get a repair quote for them to inflate the moneys. i need to know how i can fight this and prove that more realistically its only 3000 tops. its just some rear end damage.{i bounced off the guard rail into their back quarter panel. messing up the lights trunk and possibly wheel?} all this not to mention the other two cars i scraped on the way up. mirror knocked off etc

why the hell were they stopped when the speed limit is changing to 55? your supposed to just float through there… they just put roundabouts in for christs sake
December 12th, 2011 at 8:38 pm #John

Jason,

Sorry my comment was in reference to your response to Eunice’s question. Not Miranda’s. Thanks again for your help.
December 12th, 2011 at 9:29 pm #Jason

Shawn,
Damage is not what you want it to be; it is what it is. We don’t know why the cars may have been slowed or stopped. We do know that you are not supposed it hit into vehicles or objects with your vehicle.
December 12th, 2011 at 9:44 pm #shawn

all of which are obvious but what can i do to limit my losses here
December 13th, 2011 at 6:08 am #Jason

Shawn,
You don’t. I’ts already set. If you want to know what you should do to limit your losses in the future, that would be to driver slower, pay closer attention to the roadway at all times, drive defensively, etc.

A way that you can transfer the risk is to get higher limits of insurance. I’m afraid this accident is worth than you described. You mention physical damage to you the vehicles but you didn’t mention bodily injury and when people are hit in the rear, whiplash generally results.

I keep referring to your post in which you wrote, “never saw any brake lights”. Something had your attention and whenever you are behind the wheel, the roadway and your surroundings should have your attention 100%.
December 13th, 2011 at 10:01 am #shawn

your all attacking me here, i already said its my fault and thats besides the point. i want to know how i can prove that they are scamming me and my insurance company.. they think i just have couple grand to buy a new car and pay for their repairs? hell no!!! and no one was injured. my neck was really sore and tight all day so i had it checked out. nothing serious
December 13th, 2011 at 11:58 am #Jason

Shawn,
There is nobody scamming you or your insurance company. You cannot prove something that doesn’t exist.
December 13th, 2011 at 12:12 pm #shawn

how do you figure it doesnt exist? i have pictures and i know the damage could not have been that extensive.
December 13th, 2011 at 3:53 pm #Jason

Shawn,
Send the photos in an attachment to an e-mail to complete.insurancehelp@gmail.com I will write an estimate and we will see how close the actual damage is to what the others are claiming.
December 14th, 2011 at 2:25 pm #Dante

Hello, I was involved in an accident where a car struck me while I was walking in a cross walk. I went to the E.R. and the bill total was $7500.00 about how much can I expect farmers to offer me on the pain and suffering? Also in the state of Wisconsin can I request that farmers cut the check for the E.R. bill directly to me? Had an issue in the past where the bill was never paid by the insurance company as promised?

Thanks!
December 14th, 2011 at 3:51 pm #Mike

Hello a deer hit my car i Illinois ran from kinda behind so I contacted my insurance company and they informed me their closest shop was over 70 miles away so they said get 2 estimates and will be good to go. I went to 2 shops about 25 miles away and the average was around $5400 I turned in pics and estimates and waited about 12 days for them to offer $2200 for the repairs??? Can they do that my car was mint condition!!
December 14th, 2011 at 5:12 pm #Jason

Dante,
Why don’t you have them cut the check to the E.R. and send the check to you so you can personally assure that the E.R. get paid? Also, how many injury claims have you had that you run into E.R. bills not getting paid?

Also, if you have had injuries similar to this, you are aware the each injury is dependent on the injuries sustained, medicals incurred, and other subjective information.
December 14th, 2011 at 5:15 pm #Jason

Mike,
If the damages are $2200, that is how much your insurance would owe. What does it matter that your car was in mint condition? Are they proposing to total it because it’s age and mileage don’t justify repairing it?

If you want you questions addressed, you have to explain what your question is a little better.
December 14th, 2011 at 5:27 pm #Mike

No not totaled 2008 300C 38000 miles it’s a trophy winning show car and they are looking to put aftermarket or used parts….this car has all the bells and whistles right from the factory! How can they call it fixed to me that’s rigged up like you would have to if ya had no insurance…what is the point of the insurance if they are going to rig it? Thanks for the quick reply by the way!
December 14th, 2011 at 6:09 pm #Jason

Mike,
What parts are they repairing or replacing? If your car is a 2008, all the parts on it are 3-4 years old. If they put on used parts, the parts are supposed to be under 3-4 years old. Did they send you an estimate with the proposed $2200. If his before or after deductible?
December 14th, 2011 at 7:06 pm #Mike

The drivers door and drivers side fender,projector headlight assbly front bumper cover straighten hood…drivers door I am most worried about drivers door leaking air and making noise real high powered speakers in door Boston Acoustics system car was solid and quiet no rattles squeaks or wind noise even at 150 mph plus this is my show car so I want everything to line up and match! My friend had some bad body shop work door leaked air and rattled paint wasn’t quite a match real nightmare…heard Chrysler will match aftermarket price on parts so hoping it’s going to work out! I put many hours and dollars into this car….don’t want it rigged up or done half arse because they pay low labor rate!And no it’s $1500 with deductible taken out no way that can be quality at $2200 compared to shop in business 93 years quote $5256.99
December 14th, 2011 at 8:11 pm #Jason

Mike,
You are really concerned about things that you should not be concerned about. Just because your friend has some issues with his car, doesn’t mean you will encounter the same thing.

Also, the shop you indicate has been in business for 93 has been working on model Ts and cars have come a long way since then. There is not a correlation between time in business and quality of work. You may have to realize that $5257 may be an over-inflated cost to repair what your car needs.

If you have issues after the repairs are completed, then deal with it if they are even realized. To be concerned about something that may or may not be realized is unnecessary worry and concern.
December 15th, 2011 at 10:03 am #Dante

Jason, I ran into this Issue about ten yrs ago and had to pay the bill out of pocket before I purchased my home, so I’m a bit on edge now about how the bill gets paid.

Also, if you have had injuries similar to this, you are aware the each injury is dependent on the injuries sustained, medicals incurred, and other subjective information???
December 15th, 2011 at 10:11 am #Jason

Dante,
You seem to be asking a question about that sentence we posted about how a claim value is determined. If you have a specific question, please ask.
December 15th, 2011 at 1:09 pm #audrey

Is it legal for an insurance company to deny a claim, if the driver that was involved in the total damage of the vehicle is not the policy owner. Lets say the owner of the vehicle and insurance policy is a grandparent and there is an investigation but the police has not closed out the incident. Can the insurance company say it is fraud and deny the claim, when the police report say different.
December 15th, 2011 at 1:38 pm #David Massie

6 months ago i got hit by a semi truck on I-95 the driver did not stop. I
have 2 witness one witness chased him down and called the state trooper the other witness seen the
whole thing from behind us him merging right into us. The driver hit us going 85mph took us
completely off the road car is totaled. In the past 6 months i have bills up too 20,000. I have been
going to therapy i have 2 herniated disc in my neck and my shoulder has some damage Doctor said
surgery is not important because i am so young but also i have permanent damage and it says all this in the final doctor report. My lawyer says we are in the part of the case of the
settlement but it has been a month and we haven”t herd anything back from them yet. Am i looking at
a decent size settlement there coverage is a million dollars i know i wont get that does anyone have a similar story and if so what? Any input would be Awesome David.
Also
I went to a chiropractic and i am done with all medical things like i said i am in the settlement part waiting to here back from the insurance people
2 weeks ago
December 15th, 2011 at 5:17 pm #Jason

Audrey,
It is legal for an insurance company to deny a claim. We would address your concerns in more detail but your post is not very well written and because of that, not understandable. If you want to post again, we will answer your post immediately
December 15th, 2011 at 5:19 pm #Mark

I was stopped at a red light and the driver behind me rear-ended me. There are dents and paint chips on my bumper, the bumper came loose from my side panel and it seems as though the trunk/side panel has moved (the reason I say that is because I can put my finger between the trunk lid and panel on that side and not the other). The car is still drivable and it is not in bad enough shape that I am in a huge hurry to fix it. We stopped and exchanged information and the police came and wrote that it was completely her fault. I was told not to contact my insurance, only hers because I was at no fault. I contacted them, they (and the driver) admitted fault and I have an appointment with her insurance company next week to get an estimate from them. I told them that I will likely get the repairs done on my own from a shop of my choice, the agent also said if I choose that then they will write a check at the appointment. I got an estimate from the dealership where I bought the car and it was just under 1,100.00, when I went to go pick it up, they had actually re attached the small part of the bumper that was coming off the side panel without charging or asking me. The accident took place in NY and technically the bank owns my car (I still owe about 5 grand on it) if that matters.

My questions are:
1)Do I have to notify my insurance or the bank that owns my car (I heard that if you dont full own your car then the bank will demand you fix it)?
2)Do I have to get it fixed or can I just take the check (assuming it will be made out just to me and not the shop/me)?
3)Should I take the car back to the dealership before the appointment and tell them to place the bumper as it was when I brought it in?
4)If they (her insurance) tells me the damages are much less than the other estimate I got, how/can I get them to increase the payment for damages?
5)If they just write me a check to me personally (lets say for 850.00) for repairs and then I go to my insurance and say that I backed into something and my deductable is 500.00, can I pay that and have it repaired by my insurance and pocket the extra 350.00 while still getting the full repairs?
6)What is your personal advice for this situation? Do you suggest getting the repairs even if it is only a few dents and NO structural/underneath damage? Is the best case scenario that her insurance estimates the damage at 1,000.00 and then writes me a check and then I find a shop that will do everything for much less than that and I pocket the money?
7)Is her insurance (Geico) going to require a proof of repair after they cut me a check? (I heard that because they are not my insurance carrier that they wont).

THE LAST THING I WANT TO DO IS BREAK THE LAW! I know that is a lot of questions but I do not want to commit any crimes and I am looking to maximize the outcome for me while still doing the right thing so any information will help. I guess what I am getting at is that I want to get my car fixed but it would be nice to have some extra money in my pocket if at all possible (even if it means driving around with a tiny dent or two).

Thank you in advance for your comments and thoughts. I will check back frequently and answer any other questions that I may have left out.
December 15th, 2011 at 5:51 pm #Jason

Mark,
1. Since you heard whatever advice you received from someone else, you might want to check with whoever you heard that from.

2. No

3. Are you serious? Why?

4. That question makes no sense.

5. We don’t answer fraud questions

6. The best case scenario is that you have the damages done to your vehicle repaired at no expense to you. You are not entitled to pocket any money.

7. You may want to inquire with the person you heard this rumor from.
December 15th, 2011 at 6:51 pm #David

So can anyone answer my question????
December 15th, 2011 at 7:16 pm #Jason

David,
No, we don’t have enough information about your entire claim so we won’t even speculate. That is why you have an attorney. Perhaps you can discuss your questions with him.
December 16th, 2011 at 9:58 am #Palei

I have a question regarding having my car repaired. I was hit two days ago (lady reversed into the front of my car). Her insurance wants me to take my car to an auto body shop that they do work with in my area because they can appraise it and do the work. I would prefer to take it to an auto body shop that I’ve had previous work done on other cars. They told me my only option if I don’t go to their auto body shop is to take it to my auto body shop, leave my car there so that an adjuster from their insurance company (Mercury) can appraise it then try and make a deal with the auto body shop. I thought the adjuster could just come to my house and appraise my car then I could take my car wherever and if the charges end up being more than what they appraised the damage then they would have to pay the rest. I don’t feel comfortable with their adjuster trying to make a deal with my auto body shop. It just seems they are “too involved”. They should just issue me a check and I do the rest. Do I absolutely have to go about this the way they are implying? Where the adjuster goes to my auto body shop and works a deal with them? Or can I have the adjuster come to my house, assess the car and I take it where ever I want without them being involved unless there is more owed in the end? I’ve had 3 accidents (people hit me) in the last three years and have never had an insurance company want to make a deal with an auto body shop.
December 16th, 2011 at 12:05 pm #David.

Hit by a Semi Truck on the Interstate…

by David
(Florida)

I got hit by a semi truck on I-95 six months ago and the driver did not stop. I have 2 witnesses to the collision. One witness chased the truck driver down and called the state trooper. The other witness saw the whole thing from behind us and said he saw the truck merge right into us.

The driver hit us going 85mph and took us completely off the road. The car is totaled. In the past 6 months I have bills adding up to $20,000. I’ve been going to therapy for 2 herniated discs in my neck, and my shoulder has some damage. My doctor said surgery is not necessary because I am so young, however I do have some permanent damage (it says all this in the final doctors report). I went to a chiropractor and I’m done with all medical treatments.

My lawyer says we are in the part of the case dealing with the
settlement, but it has been a month and we haven’t herd anything back from the insurance company yet. I’m wondering what my settlement might be since I do have some permanent damage? Does any case you know have a similar story? Any input would be awesome, thanks.
December 16th, 2011 at 3:02 pm #Jason

Palei,
You can do whatever you want. This other insurance company seems to want to control the situation too much. Just do what you feel comfortable with. You know what the procedures are if you’ve had the prior experience.
December 16th, 2011 at 6:22 pm #Jamie

Found this site while trying to find information after my vehicle was hit while parked in my parking space at my apartment complex today. Thank you for doing this. So details/then questions, if I may.

1) My car was hit on the driver’s side while parked. The hit moved my car about 5 feet and smashed it into the Mercedes parked next to me. Not a pretty sight to come out to. The rear wheel is bent and the trunk/bumper smashed, passenger side smashed in, tail lights broken, etc. The car rental guy who picked me up said it’s most likely a total loss.

2) The driver who hit my car has accepted responsibility as has her insurer, American Family Insurance. I also have full coverage through Geico.

3) My vehicle is a 2009 Ford Focus in excellent condition (or was) and is being financed. The pay off is $9881.00. I have paid 47% of the contract. I have Gap insurance and an extended service plan. Got all the insurance/service coverages before even driving off the lot.

My question(s) is, if the vehicle is deemed a total loss, how does the payout work? Does it go to the finance co? I’m most concerned about being able to purchase another vehicle. How does the gap insurance figure in?

Any assistance/answers would be most sincerely appreciated.

Thank you.
December 16th, 2011 at 7:31 pm #Jason

Jamie,
If it’s totaled, a check will be written out for the ACV of the car. You can look on Nada (dot) com to look up the approximate value of your car in your area if you want to know.

The gap insurance covers the difference between AVC and the loan amount if the loan amount exceeds the ACV value of your car. It likely won’t come into play but we don’t know that for sure.

With that extended service contract, you may want to cancel it if they total your car so you can get a partial refund of the premium you paid for that coverage. It will not increase the value of your car by being on the car so don’t expect it to increase your car’s value.

Thanks for writing a well laid out post.
December 20th, 2011 at 12:29 am #Level

, on November 27, 2011 i was hit n the back by a truck mind you was not moving the coops order it the drivers fault. he has liability his insurents says they will pay 6000 but its going to cost 8000 at less for my car to be fixed I have a jaguar x-type 2003. but the damage to my car is over what the adjuster he came out and he says its 6000 but the body shop where i’m going is saying its going to at less be 8000 to be fixed but they don’t want to pay no more there talking about wrighting a cheek for 8500 and keeping my car I fix just want it fixed that’s it. i don’t want to sell it not at all i want it fixed back to how it was before truck hit me but i don’t know what to do how can i get them fix my car for that amount of what body shop is charging i mean come on why should i have to pay money out when it was not my fault at all he reached for his phone and hit me instead of stepping on the brakes and mind you by the way i was completely stopped so please tell me how can i get em to fix my vehicle at what body shop is charging
December 20th, 2011 at 12:59 am #What?

Level — What?

Let me start by saying that of the three periods used in the entire mess of words there, one was somewhat correct, one completely wrong and the other followed by a lower case “i”. Next, I assume you do not expect a response, as you did not actually ask any questions — usually indicated by a question mark “?”, in case you were not familiar.

I am sorry, but if you are asking for help please take the time to ATTEMPT to follow proper structure by, at least, trying to use sentences as a start. Even if you just get the hang of the shift key so you can make CAPITAL letters and a question mark “?”, that would be a start. Now, begin each sentence with a CAPITAL letter and then end it with a period “.” or if you want to ask something, a question mark “?”.

Once it has been translated to English, please re-submit.
December 20th, 2011 at 5:34 am #Jason

Level,
The insurance company is viewing your car as a total loss. That simply means that it makes more sense for you to get a similarly aged car with similar mileage.

Another option you have is to file this with your insurance company and simply pay your deductible at this point. When your insurance company collects the money from the at fault insurance company, they will be able to return your deductible to you.
December 20th, 2011 at 12:46 pm #Level

on November 27, 2011 i was hit n the back by a truck mind you was not moving the coops order it the drivers fault. he has liability his insurents says they will pay 6000 but its going to cost 8000 at less for my car to be fixed I have a jaguar x-type 2003. but the damage to my car is over what the adjuster he came out and he says its 6000 but the body shop where i’m going is saying its going to at less be 8000 to be fixed but they don’t want to pay no more there talking about wrighting a cheek for 8500 and keeping my car I fix just want it fixed that’s it. i don’t want to sell it not at all i want it fixed back to how it was before truck hit me but i don’t know what to do how can i get them fix my car for that amount of what body shop is charging i mean come on why should i have to pay money out when it was not my fault at all he reached for his phone and hit me instead of stepping on the brakes and mind you by the way i was completely stopped so please tell me how can i get em to fix my vehicle at what body shop is charging. What can I do to get my car fixed?
December 20th, 2011 at 1:54 pm #Level

on November 27, 2011 my car was hit n the back by a truck I have a jaguar x-type 2003. I want my car fix I don’t want the cheek that there offering me I just want my car to be fixed. How can I get the insurents place to pay for my car to be fixed?
December 20th, 2011 at 2:55 pm #Jason

Level,
There is no way the insurance company is going to pay to fix your car if it’s value is less than the cost to repair.
December 21st, 2011 at 12:42 am #Level

That’s my second family car I’m just ussing a close ex case to try help them out my second family is to kind. So thank you guys for your help. But before I get off his web is there a number I can give. My second family so if they have any questions or need help with a insurents problem they can ask you guys for help and this way they can know for them selfs as suppose hearing it from me like it sound and make more since hearing from you guys… So do you guys have a number that one can call for help? so they know that I’m not making all this up I mean wow you guys are to good to be true thanks admin and jason
December 21st, 2011 at 12:52 am #Level

When you pay the deductible to your insurents for your vehicle to be fixed would that mean that after they pay for it your car insurents go up even if its not your fault would your insurents go up?
December 21st, 2011 at 6:31 am #Jason

Level,
We don’t know the specifics about your insurance premiums and when or if your premiums may go up.

You can contact us at this site or if you want more personalized insurance claim help you can write to complete.insurancehelp@gmail.com We want the answers to be posted so everybody can benefit from the questions and answers.

All information provided by Jason is voluntary – To keep his help as a contributor, please consider a donation. (right sidebar menu link)

CONTRIBUTORS (Contact, Retention and DONATIONS Info.)
December 21st, 2011 at 10:12 am #Michael M

I was involved in an accident on 12/7/11 that was my fault. The other party received an estimate for $8000 which I offered to bring to his body shop the next day. He refused saying he was filing on his insurance. I did not have insurance at the time of the accident (mistake I know). His insurance has been very accommodating and we have begun working out a payment plan. Now the other man involved is threatening to take me to court if I don’t pay his deductible within 24 hours. I didn’t think this was possible since I’ve been dealing with his insurance company. His insurance actually told me to only talk to them and not him anymore. Please advise.

One other thing- If he takes me to court and sues me for 300, would this terminate my liability to pay his insurance? It seems like a catch he could be caught in. Not sure if that’s correct though. Thanks in advance!
December 21st, 2011 at 10:25 am #Jason

Michael,
This other guy is overstepping his bounds. His insurance company has exclusive rights to work with you (by the terms of the insurance contract unless they give up that right). Since you are working with his insurance company, you are doing everything you need to be doing.

It is very likely he will take you to court because this is his insurance company’s issue and not his. He needs to sit back and relax. The first money you pay to his insurance company will be money that is allocated to returning his deductible.

His insurance is correct. Just talk to the insurance company and not this other guy.
December 21st, 2011 at 10:28 am #Michael M

If he takes me to court and I am ordered to pay 300 to him, what then? Is my obligation to the accident fulfilled?
December 21st, 2011 at 12:12 pm #Jason

Michael,
This won’t go to court. He has no standing when it comes to this claim. He contractually given away his rights of this entire claim to his insurance company. He cannot sue you.

No, your obligation will only be fulfilled when you settle your debt with the insurance company.
December 21st, 2011 at 1:37 pm #Jamie

Jason,
I originally posted above on December 16th, 2011 at 6:22 pm and thank you kindly for your informative reply. I have an update, as the adjuster was out this morning to inspect my vehicle and it was finally towed. I also have a few questions as a result of her initial estimate.

Update/Estimate:
Preliminary estimate on repairs to my vehicle (2009 Ford Focus) per the adjuster is $8,300 (using recycled parts, seems to be a low estimate viewed with just my common sense), the vehicle is valued (per NADA) at $13,500 and she’s “on the fence” as to total loss v. repair. I don’t see how the vehicle can be restored to it’s pre-collision condition and imagine seeing all this on Carfax were I to try to sell it in the future aka diminished value. It has been towed and is on the way to the body shop for estimates. She asked my preference one way or the other and I said it would make sense to total the vehicle (based on resale value and condition). The car will never be the same.

Additional info:
American Family Insurance (the driver’s insurance) has accepted full responsibility and the driver has $100,000 property damage coverage.

Questions:
Can I ask what value she used for my vehicle to determine her decision (or non-decision) so far?

Will it be the same value she uses to determine the price offered if it is determined to be a total loss?

If she decides based on the estimate from the shop to have the car repaired, can I challenge it and ask that it be totalled?

How is diminished value determined? I am happy also to do my own research, but appreciate your knowledgable database/brain.

The estimate shows RECYCLED PART under almost everything that’s being replaced with the exception of the bumper and the wheels. Can I call the body shop and ask that they do the estimate and repairs based using after market/new parts?

Thanks so much, Jason. I hope the assistance you offer others here comes back to you tenfold. It’s a great thing you’re doing and so extremely helpful during a stressful time.

Jamie
December 21st, 2011 at 2:48 pm #Jason

Jamie,
1. Yes, ask her what value she is placing on the vehicle to arrive at her assessment.

2. Yes, you can ask that she total the car. They don’t always go with your suggestion but it’s better than not saying anything.

3. Diminished value is the difference in value of 2 identical cars. 1 car has never been in an accident and the other one has been and completely repaired. The difference between in value between those 2 identical cars is the diminished value.

Some states recognize diminished value and some don’t. I personally am not a proponent of diminished value because if repaired correctly, there really is no such thing.

Technically you have recycled parts on your car already. That is a nice way of saying used. You car’s parts are 3 years old. They will simply replace your car’s parts with ones that are 3 years or newer.

Sometimes aftermarket parts are less expensive. Most of the time new parts are more. Technically, the insurance company doesn’t owe for new parts. They really owe for recycled parts or new aftermarket parts if less expensive. Again, the courts go both ways on this issue.

You can do whatever you want. If you just call the body shop and indicate your preference for a total, they will include everything to make it that way if you are persuasive enough.

At this point, make it clear to your adjuster too that you prefer the car to be totaled and that you are picky about the repairs. To the adjuster, totaling the car and paying you a settlement check is much easier than working through the entire repair process with you and the body shop.
December 21st, 2011 at 3:02 pm #Michael M

I truly appreciate your help. You relieved a lot of stress associated with me being unsure of this process. Great site! I will definitely refer anyone I can.
December 21st, 2011 at 3:34 pm #Jamie

Thanks for the info, Jason.

When the adjuster asked my preference; repair or total, I told her that it made sense to me to total. I’m assuming she’ll be leaning that way.

I’m going to leave the parts/estimate with the shop alone at this point.

Actually, I’m going to let all sit. This process has been exhausting. I’m in a rental car. My property was damaged, but I (and my son) were not injured, nor was the driver.

Counting my blessings.

Will let you know how all pans out and thank you again!

Jamie
December 22nd, 2011 at 8:05 am #Blessed

Hi Jason, I found this site while lookin for info on hit and run. Here is what happened:
- I was getting on freeway (SC) and goin about 50mph. It was rainin and roads wet I was in right side lane and felt a bump in the back of my car someone rear ended me. They hit me and it send my car on a sharp left turn into the side rail on the other side of the road. I spinned out hit rail head on bounced back onto interstate and somehow managed not to hit any body while all this happen. I didn’t realize the driver that hit me didn’t stop until after the car had finally stopped. I called the police and my husband. Both came out. Apparently other people saw my car spinning into oncomin traffic and call police also. Officer determine I was not at fault but the other driver is unknown. The officer got statements from a witness that couldnt confirm or deny I was hit but saw the accident. I’m just glad I walked away with just bruises and sore.
-my question is since I only have liability will my insurance co. Pay for the repair under the UM clause? I have called them and waitin for adjuster to come out.
Sorry for long explanation but wanted to give you enough details.

Thanks

Blessed
December 22nd, 2011 at 8:26 am #Jason

Bles,
No, the UM is for uninsured motorists that cause you injury. You don’t have any physical damage coverage for what occurred.

In the past, I’ve seen uninsured – physical damage coverage before that would take care of the damage to your car if you were hit by someone without insurance but that is very, very rare to have that. If you did, have it, it’s a coverage that gets added after you have all the other coverage like comprehensive and collision.
December 22nd, 2011 at 9:39 am #Bless

Hi Jason, thanks so much for the quick response. I have UM and uninsured property damage with my coverage. I don’t have collision or comprehensive per my policy property damage covers up to 25,000 per accident. Would this be the coverage u mention above? And with the information I told u, would they deny it ? I tried to get a copy of the police report but turns out it takes months to get that. I just have an incident report. Im hoping they can agree to fix my car without too much fuss.
Thanks again
December 22nd, 2011 at 10:57 am #Jason

Bless,
If you do have that coverage, it requires you to be struck by an uninsured (or unknown) other vehicle. It may come down to witnesses that indicate you were struck by another vehicle. Perhaps the transfer of paint from that other vehicle to yours may help. If they are unable to determine another car caused this accident, the downfall of this coverage is that it doesn’t cover damage to your vehicle without the involvement of a uninsured (or unknown) other vehicle.
December 24th, 2011 at 1:29 pm #Trace

I was hit on my motorcycle by a car.
So far, it looks pretty clear that the other person is at fault.
Turns out that the driver of the vehicle, was not the owner of the vehicle.
His insurance company is trying to contact the owner of the vehicle to confirm that he had permission to drive the vehicle. They will not cover my losses unless the owner confirms that he had been given permission to drive the vehicle.

My insurance company was very quick to respond and alreay paid me a check for my bike, and said they would bill the other insurance company when they confirm permission.
I had full coverage for myself, but appears that I did not have uninsured motorist.
If the other insurance company trys to say they will not except responsibility for the driver because he did not have permission to use the vehicle, can I ask my insurance company to pay my medical bills, time off work and negotiate a payment for my pain and suffering since I broke my hand and will be in a cast for 6-weeks and also have torn ligaments that the Dr. says could cause me problems for a long-time.
What type of coverage do I need to have had on my poliocy to cover this for myself.

Trace
December 24th, 2011 at 1:54 pm #Jason

Trace,
To receive medical payments coverage, you would need medical coverage.’

To receive a injury settlement, you would need to have uninsured coverage.
December 27th, 2011 at 4:18 pm #Jamie

Update: (and questions/comments appreciated please)

With some nudging, the body shop finally pulled my 2009 Ford Focus apart and estimated the damage at $11,700.00. I spoke with the adjuster (American Family Insurance) and she said that she hasn’t done the paperwork yet or plugged numbers in, but is saying that it is a total loss. She will be going to the shop tomorrow to ‘value the car’.

Again, this is a 2009 Ford Focus with 28,497 miles that I kept in excellent condition and kept up on all service.

In doing research, I’m finding that the ‘average’ cash value (both dealer and private party sale) is around $14,000. I’ve done research on NADA, KBB, Craigslist, Edmunds and also looked at cars around the same miles/specs in my area (and printed out all)

She said once she determines what the car is worth, they will make me an offer.

Also, I have missed time off work to deal with the fall-out from the collision and getting into a rental car. Can I recover the loss in income based on my hourly rate?

Any thoughts as to what to expect in the first round regarding the value of my car and what they might offer? If I believe their offer is too low, I am fine being assertive in asking for the amount I’ve found in my research (and backing it up with the documentation).

Thank you,

Jamie
December 27th, 2011 at 4:43 pm #Jason

Jamie,
Now you know what she should be offering by doing your research.

No, you can’t recover any time off from work or the time getting a rental.

The offer should be right in line with what you expect. There is no reason to assume it will be low. Don’t even focus on that unless it is. That only provokes stress.
December 27th, 2011 at 5:34 pm #Jamie

Jason,
Thanks for the response and reminder to stay positive and not stress. This situation and dealing with the insurance company and navigating this process induces quite a bit of anxiety. I’ve done pretty well considering and your information and insight has helped significantly. Hopefully I’ll be back on the road in a new vehicle soon. In the meantime, I will keep in mind that I will most likely receive a fair offer. Positive. I like it.

Thanks again,

Jamie
December 28th, 2011 at 8:35 am #JERRI

OUR FAMILY PRODUCE STAND WAS DEMOLISHED BY AN AUTOMOBILE ACCIDENT NEAR OUR PROPERTY. THE VEHICLE THAT HIT OUR STAND WAS INSURED BY STATE FARM INS CO. WE’RE LOOKING FOR COMPENSATION TO REBUILD OUR PRODUCE STAND AND COVER THE COSTS OF CLEARING THE RUBBLE, GLASS AND DEBRIS CAUSED BY THIS ACCIDENT. IS THIS COVERED UNDER THE STATE FARM AUTO INS POLICY? THANK YOU
December 28th, 2011 at 8:38 am #JERRI

YES, I WASN’T SURE MY INITIAL COMMENT TRANSMITTED AS I HAD OMITTED MY NAME & EMAIL ADDRESS. PLEASE ADVISE, THANK YOU.
December 28th, 2011 at 8:51 am #Jason

Jerri,
This should be covered. If you can’t wait for state farm to take care of it, submit it to your homeowner’s policy.
December 28th, 2011 at 4:01 pm #Lower Back Pain Kidney

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December 28th, 2011 at 4:57 pm #Z. M.

Hi,
I just recently field a claim against a man who caused an accident by making an illegal right turn in front of me while I was driving straight. The man told an opposing story to mine and the insurer said there was nothing they could do because the stories were conflicting, even AFTER checking street maps that prove the other driver was in the wrong. Is there anything else I can do to get the negligent driver to pay for the damages to my car.
December 28th, 2011 at 5:49 pm #Jason

Z.M.,
If the determination of the other driver’s insurance places the majority of fault with you, it may be an incorrect conclusion but you just have to accept that because the have to trust their insured more than you.

Just submit the claim to your insurance company and let them handle the damage. When they are all done and they believe the other driver was more at fault than you, then they will ask that insurance company to reimburse them (and for your deductible too). If the other insurance company says “no thanks”, then your insurance company can send the claim to arbitration and a neutral 3rd party will make the decision and that will become final.
December 29th, 2011 at 4:03 pm #jd

This happened in California. My neighbor backed into my stopped car which was mostly in my driveway. I made a claim against her insurance company, but her company says that she said I backed into her and won’t pay the claim.

The damage is $800 and my deductible is $1,000 so my insurance company won’t take it to arbitration for me. Can I go to arbitration against her insurance company or do I have to go to small claims court? If I go to small claims court, do I sue my neighbor or the insurance company or both? If I win against my neighbor, does the judge’s decision force my neighbor’s insurance company to pay?

Thanks!
December 29th, 2011 at 9:23 pm #Jason

JD,
Arbitration likely isn’t an option in your local county. You would have to sue your neighbor.

After you sue, then your neighbor’s insurance company would intervene and replace itself in place of your neighbor in the lawsuit.

If you are successful, your neighbor’s insurance company would pay. But please realize that you will be up against at least one lawyer that represents your neighbor.

If you were in your car and it was moving just before the incident and mostly in your driveway, you have to prove that she was more at fault than you were. Proving this is difficult and you need to have a good legal understanding of how to do this. It’s a lot more technical and complicated that you may want to get involved with.

It may be more that $800 worth of hassle to you. Sometimes things are not worth pursuing, and you have to determine that but that will be difficult until you go though the entire process. You have to remember that when you selected your deductible, that is the amount of risk you elected to accept in the case of a loss such as this.
December 30th, 2011 at 9:37 am #jd

“You have to remember that when you selected your deductible, that is the amount of risk you elected to accept in the case of a loss such as this”…
Good point, thanks for your expertise!
January 2nd, 2012 at 12:40 pm #Auto Paper

great issues altogether, you just gained a new reader. What may you suggest in regards to your submit that you made some days in the past? Any certain?
January 5th, 2012 at 1:07 pm #Holly

I made a claim for hail damage on my vehicle the night before i traded it for another vehicle…the dealership we bought this from said as long as when the damage happened i owened the vehicle and i made the claim while still owning the vehicle they will have to pay me for the damages even though i traded the car. Is this true should i expect a check from geico for my damages. The dealership brought the car up to the place to have it looked at for me today but the adjuster called and said he would have to talk to his supervisor.
January 5th, 2012 at 2:40 pm #Jason

Holly,
The insurance company is very likely going to want to avoid paying this based on the fact you traded it in. The dealership is correct that it depends on when the damaged occurred because you have a policy that covers the damage for an event during which you have policy coverage and an ownership interest in the vehicle.
January 6th, 2012 at 4:26 pm #Mary

Our son fell and injured his mouth during one of his weekly physical therapy visits (definitely due to therapist negligence). He broke the root on one of his front teeth, so it will eventually fall out, and the other front tooth got jammed back inside his gums, next to his permanent tooth. Our dentist states there could be A LOT of future dental work/surgery in the future, depending on what happens with his permanent tooth; whether or not it was injured, etc. The owner of the physical therapy firm absolutely REFUSES to give us her liablility insurance information. She said she is going to pay the dental bills herself. I know she can claim “first aid” for the first 48 hours, but my son has already had a follow up visit 5 days after the initial visit, because the trauma to his mouth was so severe. There is a possibility he may need surgery, and who know what we will need to do when his permanent tooth comes in in 3 – 4 years. I have stated all this to the owner, and she still refuses to give me the information. What recourse do we have?
January 6th, 2012 at 9:01 pm #Jason

Mary,
You may want to consult with an attorney.
January 8th, 2012 at 11:21 am #Jamie

Update and good news to report:
Date of Loss: 12/16/11 – Date of Settlement: 1/6/12

Settled the property damage/total loss claim with American Family Insurance. (My 2009 Ford Focus was parked, hit and totalled by an elderly (insured) driver).

They paid me a little ABOVE the Actual Cash Value for my car which a), paid off my loan balance, b) gave me the down payment needed to buy a brand new 2012 Hyundai Elantra. As a result of my experience, I upped ALL of my coverages which cost me $10 add’l a month. I wouldn’t wish this ordeal on anyone, but I am very thankful to be in a new car.

My advice in pursuing insurance claims:

1) Check this site often. Jason gives straightforward and priceless advice.
2) Continue to nudge things ahead with the insurance co. If one person can’t help you, find someone that can. I ended up speaking with the adjuster assigned to my case’ supervisor. Things started moving right along THAT day.
3) Do your research before you call and before settling any claim.
4) Chances are you will be given extremely vague answers to your questions… take a deep breath and hang in there.
5) Hold your ground. If you deal with things in a reasonable, polite yet assertive manner, you’ll make your way through this maze.
6) For ACV, call NADA and ask them to run a ‘business’ ACV report on your auto. Well worth the $30 as this is the main value the insurance co. I was dealing with used. I also contacted my dealer and they ran a report for free.

Signing out for now, hoping to never have to return again!

Thanks again, Jason.

Jamie
January 8th, 2012 at 12:07 pm #Jason

Jamie,
Thanks for the update. You did a lot of things correctly. You had a basic understanding of the situation and you asked for more information to supplement what you already knew. Many times, people don’t do the right things when it comes to one of the most valuable possessions they have which happens to be their car.

It is my pleasure to assist someone such as yourself that deserves to have the help.
January 8th, 2012 at 2:50 pm #Mary

Jason,
As another thought, since the owner is insisting on paying the claims herself, is it within our rights to ask her to sign some type of form stating she will take financial responsibility for all future dental bills in relation to this accident? Is that something we can write up ourselves, or would it definitely need an attorney?
Thanks again!
Mary
January 8th, 2012 at 3:15 pm #Jason

Mary,
I hope our last post did not persuade you to accept the proposal of this physical therapist to pay for your child’s dental needs.

If you have to ask if you can just write something up, it is evident that you should not be writing anything up. Because you are parents and providers for your son, you need to do what’s in his best interest. If you don’t believe it’s wise to spend some money to consult with an attorney about this incident, then perhaps your son needs a guardian ad litem so that person can do what’s best for him.

Our suggestion remains the same to consult with an attorney. You cannot receive any reliable advice about your child’s situation from any place -including this site, other than through an attorney.
January 10th, 2012 at 11:49 am #Tisha

Hi. I totaled my car in Nov. of 2011. This is the first accident I’ve ever had and I have no clue as what to do. I have filed a claim. My car was paid for in full before the accident occured. I had to get another copy of my title to give to the adjuster. They are asking me not to sign the title. Could someone tell me why? Thanks!!
January 10th, 2012 at 5:40 pm #Jason

Tisha,
The insurance company’s have a standard form that is an abbreviated power of attorney that you sign instead of the title. That power of attorney form says they can do whatever is necessary to sell your car, like signing the title.

They do this POA form because titles were signed in the wrong spot, not signed at all, or whatever that they had a difficult time selling the damaged car after the car was paid for. That is why they are using these forms so they don’t run into any problems that they can’t take care of with this form.

Technically, they could even get a replacement title if they have this form from you. It just gives them options when they hit a hurdle.
January 10th, 2012 at 7:51 pm #Joe

Hi,

Someone keyed my car in NY. Got an estimate to fix it in NY for 1900 dollars. The adjustor make the check out to me and Wells Fargo. Went to NC for vacation got a second estimate for 1300 and let them fix the car. They stated that they are not going to give me the leftover 600, rather they are going to adjust their estimate up to 1900 so that they can have all the money. My father told them well gee, you better at least do an oil change, full detail, and give the kid a full tank of gas (he felt guilty thinking I would get the $600 leftover). I feel like they are stealing from me and that I should have first contacted Wells Fargo in order to get them off of the check so that I could’ve banked it. Now I don’t know what to do, I feel as though I am entitled to that leftover 600 dollars, but how could I make them give it to me?. I pick up the car tomorrow all fixed.
January 11th, 2012 at 11:31 am #Holly

Jason thanks for your response.. looks like they are going to just deduct what they would’ve gotten for the car at salvage so i will still be getting a settlement but i had to prove that i owned the car by faxing them my registration.. or else they were going to have to write the check to me and the dealership who took my trade.. which i thought was so strange.. Anyhow i have a new question.. i had a claim on my other vehicle and they already sent the check to the place that was fixing it.. I havn’t gotten it fixed yet… can i change my mind on where i want to get it fixed? I found someone that would fix it for less.
January 11th, 2012 at 3:43 pm #Jason

Holly,
If the amount they are subtracting for salvage is a lot, don’t go that route. If they want to subtract it, it should be them subtracting it from something unrelated to what you should be getting paid.

If you found another place to repair the other vehicle, have them re-issue the check to you, or if a lien holder carries the loan, then the lien holder and you. Then work out the details of the repairs with the lien holder. If the body shop has extra money, they won’t want to return it.
January 11th, 2012 at 3:46 pm #Jason

Joe,
You can’t let a body shop see the extra money. They should have only seen their estimate and when the car was completed, cash to pay for it. There is nothing that can be done now. This should have been worked out with your bank before you had the car repaired. Just chalk it up to a really expensive oil change.
January 13th, 2012 at 7:44 pm #Kim

Hi my aunt backed into my car 11/26/2011 at my grandmother’s house. We called boyth insurance companies and filed a claim. The issurance company sent an adjuster out to look at my car while I was in school and sent the check to me to have my car repaired because I was in school in Richmond at the time. The claims adjuster told me I could get anyone to fix my car at my convenience. One of my co-workers referred me t a guy that fixes her car, he came out looked at my car told me it would cost 450.00 to fix it. A couple days later another adjuster went out to the shop and did another estimate which was different from the first one. when the auto shop called me and told me the cost it had went from 450.00 to 907.00. He said it was because instead of doing repairs to the damages the insurance company recommended that he replaced the parts. Well he repaired it anyway o I asked him for a warranty in case something goes wrong. He refused to give me receipts or a warranty, won’t give me my car and says I owe him the 907.00 which includes the new bumper cover that he never put on my car. What can I do aout this situation?
January 14th, 2012 at 7:21 am #Jason

Kim,
The repairs are done. You agreed to have it done for $907 so that is why you left it in his care to fix. This isn’t any insurance issue, it involved an issue you have with guy that fixes vehicles.
January 16th, 2012 at 7:40 pm #Nadya

Hi, I was a victim of hit and run and my car was heavily damage back in January 2011. I brought my car to an auto body shop to get fixed, however they were doing sloppy job, such as missing parts from my car and claimed that I never had it. Luckily, I took pictures before we left the car with them. Also there were a few misalignments on the external part of the car and they said it’s really hard to restore the car back to its original condition. The fixing part took me about 3 months back-and-forth because they kept messing around with my car.

In December 2011, I noticed cracks inside the headlight housing, so I brought the car to another auto body shop, where the estimator and that body shop did some investigation. During that inspection, they have confirmed that the front and back panel were never fixed by previous auto body shop – which obviously the result of hit-and-run incident, and the car is now misaligned and dangerous to be on the road. My insurance requested me to ask them to take full financial responsibility, including the cost for car rental for this job. If they decline to take full responsibility, can I take this matter to higher authority (lawyer/ police), other than Bureau of Automotive Repair, Better Business Bureau (BBB)?

Thank you.
January 17th, 2012 at 10:18 am #Jason

Nadya,
You had a hit and run. The insurance paid for the damage caused by the hit and run. The insurance company has fulfilled their obligation entirely to you.

The issue you now have is with the body shop that repaired your car. They did a substandard repair to your car and from what you mentioned in your post they are completely unqualified to repair anything.

We have no idea what your insurance company is saying when they say, “take full financial responsibility”. We think what your insurance company is telling you is to take the car back to the repair facility and have them fix it correctly. However, based on the character of business practices you alluded to, if you took this car back to them again, they would not repair it like they are supposed to. So any attempt to have them do anything with your car would be a waste of time and effort.

Can you call the police? No, this is a civil matter and they deal only with crimes. Can you take this to a lawyer? Sure, but that will likely require you to pay a retainer of at least $3000 that you will never see again and they will charge you around $200 per hour. (And the lawyer will not do much, if anything for you. If you provide the information to the BBB, they will keep this complaint on file for others to see but you have to realize that people rarely every check with the BBB before they conduct business with a company.
January 18th, 2012 at 5:02 am #Sue

My son was injured during a football game and needed emergency medical care. My primary will not cover, as they are self-funded and only pay as a last resort, as I must seek other available coverage first. The school is denying payment. They say they only have this year a catastrophic policy with a 25000 deductible. They say I have to pay the deductible. I do not believe this to be true, as why would I pay the deductible, and then another parent gets a free ride if their kid gets hurt. I believe the school pays the deductible, and that same info is quoted on the website of the insurance company that issued their policy. Any advice would be greatly appreciated, as I have 19000 in bills from emergency room treatment for my son.
January 18th, 2012 at 7:11 am #Kim

Thanks Jason for your input. We agreed to have it fixed for 450.00, we never agreed to 907.00, had I known he would change the price plus not do the job that was required on the estimate I wouldn’t have left it in his care. Actually the job is not done because I have a repaired bumper cover instead of a replaced one. Thanks Jason
January 18th, 2012 at 10:13 am #Jason

Sue,
Your primary covers only when the other insurance companies have paid what they are going to pay. Well, this is fairly simple. The catastrophic company already paid as much as they are going to pay which happens to be nothing. Now, the next one in line is your primary company who will pay above the amount all other companies have paid, which again is nothing. So, that makes your primary the first payer. Talk to a manager from your primary company and explain to them what has happened. They may also need a copy of your catastrophic policy to coordinate coverage. Also, talk to you school to find out if they have other coverage available for injuries that happen on the football field. Also call your high school or collegiate conference for insurance that may be available.
January 18th, 2012 at 10:22 am #Jason

Kim,
This is the cruel and unfair world that we live in. You got jammed by the system and there is absolutely nothing you can do about it. I wish I could tell you there is something you can do about it but there is not. Did you get the vehicle back? Did you pay him $907. Does he still have the vehicle?

The only option you have is if you have the vehicle. Just pay him $450 and consider it payment in full. If you have the vehicle and you don’t believe he did anything worth any value to you, don’t pay him a dime. If you don’t have the vehicle, you can argue with him that his job is worth only $450 and get the vehicle back by paying him that amount. Or if he still has your vehicle, you may end up having to pay him $970.
January 18th, 2012 at 10:45 am #kayla

Hi, i was in an accident this past summer. A car driving way past the speed limit, not wearing a seat belt,counting money hit me
He totaled my car,and i had no choice but to get rid of it. He injured my left side since that morning. I have pain on a daily bases. I want to sue him not only for the damage he did to my car but the ambulence and medical bills as well as the physical theropy and pain and suffering. He made me afraid to drive, iam so parnoid now. Please help me guide me how to go about suing him
January 19th, 2012 at 9:05 am #Reggie

I was involved in a hit and run and i got the guys license plate number but after filing a claim we found out he didnt have insurance. So my insurance company did an estimate and will issue payment to myself and the auto body shop i choose. The car is paid for and still driveable and i could really use the money. So my question is how can i get them to send check with just my name on it so i can use the money? or any other options? thanks
January 19th, 2012 at 12:20 pm #Jason

Reggie,
How did they obtain a lien holder if there is not one on the car? Call them up and have them remove the lien holder since there is not one on the check.
January 20th, 2012 at 6:05 am #levi

I hit some guys plants (2 of them) its winter and the roads were icey. I was making a turn and my vehicle slide onto his lawn. I talked to the owner of the house and gave him my number. He called me later and wants to take my insurance do I have to give it to him for sure a small thing or can I just pay for the plants and be done with it?
January 20th, 2012 at 6:59 am #Jason

Levi,
If you hit two perennials, you owe nothing. Perennial plants grow yearly and they live by their roots so if you damage the tops, they are already dead and they will come back as good, if not better, the next spring. So, in reality you did no damage.

If the guys insists, give him your insurance information and they will tell him the same thing. The guy appears to be making a claim out of nothing.
January 20th, 2012 at 7:44 am #Michael

I am the owner of a vehicle but was temporarily allowing a companion to use it with the understanding that he would be responcible and keep it insured for that time period. The vehicle was ultimately totalled in a house fire where we lived. The insurance company, not wanting to deal with this small claim, made the check out to us both and pretty much said “you figure it out”. I knew very well that he would just take the money and not repair my vehicle. The result was neither he nor I would endorse the check. This happened 10 months ago. I’ve asked the insurance company to compensate me on my vehicle. Afterall, that’s what insurance is for. What are my rights? He no longer has interest in the claim but never signed over the check out of spite. This was not his primary source of transportation. Is it that unreasonable for the insurance company to reissue a check to ME, as the owner of the damaged vehicle they insured??
January 20th, 2012 at 12:01 pm #Sukanya

Recently, I am involved in an accident. I was driving my husband’s car and it got dashed with three cars in a parking lot. I was at fault. But the problem is I was not covered under my husband’s insurance policy. So obviously they have denied our claim. We haven’t received any claim yet but we wre sure we won’t be able to pay the damaged to three cars because out of them one may be totaled. What will be the consequence if I cannot pay the damage amount? Any help will be appreciated.

Regards,
Sukanya
January 20th, 2012 at 6:56 pm #Jason

Sukanya,
If you can’ pay, they you can’t pay. Insurance is more of a business of collecting premiums and paying minimal amount of claims than they are pursuing the few people that cannot pay for damage they caused.
January 21st, 2012 at 12:27 pm #Monica

IF I HAVE THE TITLE TO MY CAR AND I OWN IT, WHY DID MY INSURANCE COMPANY ISSUE THE CHECK TO ME AND BODY SHOP. CAN I GET IT REISSUED?
January 21st, 2012 at 12:45 pm #Jason

Monica,
yeah
January 21st, 2012 at 8:56 pm #Bobby

Does title have to be in my name to get insurance check in missouri I have bill of sall
January 23rd, 2012 at 7:56 am #shon

I am policy holder for geico insurance company and my husband was rear ended by a commerical vehchicle I have full coverage and. I have a police report. My insurance said they coould fix my truck and all I have to pay is my decutbile and they will pay the rest for repairs. Or I can have the other person insurance company pay for repairs. The repairs is. For 2100. I have a title loan for 800 dollars. My question is will the insurannce company issue me a check so that I can get the repairs done,or will they issue the check to the leinholder? My truck isn’t totaled it just needs repaired which will take two days to fix.
January 23rd, 2012 at 8:29 am #Jason

Shon,
You can file a claim with either your insurance company or the other commercial truck driver’s insurance.

Your insurance company will issue a check to you and your lienholder. The other insurance company may issue the check only to you but that is not for certain.
January 23rd, 2012 at 3:08 pm #Ryan

I recently slid on ice while making a right-turn, and my 2006 Honda Civic struck a curb-median. The appraiser contracted by the insurance company caught the obvious damage, and the body shop submitted a supplement for additional damages (undercarriage damage). I pointed out two dents in my roof, but the appraiser was supremely confident that if it was frame damage (which it probably wasn’t) that it wasn’t from that accident. I contacted the body shop and pointed out these two dents to their estimator, and he agreed that it was possible that it was frame damage and that the damage could have occurred from this accident… but he couldn’t be sure.

Basically, it seems to me that the insurance company is trying to call this possible frame damage “prior damage” so they can avoid paying a possible total loss.

How do I fight this?
January 24th, 2012 at 11:55 am #Loretta Bradley

Recently my rental property was burgarlirized the insurance company denied the claim because the property was vacant for more than 30 days prior to the burgarlary. The property has been vacant for about 4 years because I have be repairing it on my own and the cost has been high. Can the insurance company refuse to pay the claim then cancel the insurance policy all within two weeks of my filing the claim?
January 24th, 2012 at 12:32 pm #Jason

Loretta,
If we understand you question, you had insurance on your rental property for 4 years and during that 4 years it was vacant because you were repairing it. Then a burglary occurred and your insurance company denied your claim because the property was insured for all caused of loss except burglary (and maybe 1 or 2 causes) when vacant for that amount of time. The insurance company then canceled your policy shortly after the claim.

The insurance company can non-renew a policy after giving a minimum number of days notice. The insurance company can cancel coverage in an even shorter period of time if there is a material risk occurs or has not been corrected in a certain number of days, and the policy can be rescinded before it even began if there was deception or fraud committed at or around the time the application was secured. We don’t have enough information from you to determine what happened but it’s likely that they did what they were legally permitted to do.
January 25th, 2012 at 10:22 am #Jan

will the insurance company make you go to court when your insurance adjuster wrote you a letter that states, it is homeowners negligence?
January 25th, 2012 at 6:17 pm #Jason

Jan,
that is clearly not enough information to provide an answer.
January 26th, 2012 at 5:24 pm #Ashleigh

I need some help! My car was hit nearly a month ago while it was unoccupied in a parking lot. The driver of the other vehicle stayed and provided me his insurance information. I called a reported it to his insurance right away… I took it to a few places to have it looked at, who advised, I would need a new door and rear quarter panel. Easily over $5000 in outside damage, hoping there isn’t damage to anything else once the car is pulled apart.

My car will be in the shop for nearly a month… while his insurance will provide a rental. However, I would prefer the check just cut to me, so I can take it in to get repaired, I am not really concerned about a rental as my boyfriend has a car that can get me to and from school.

I called this insurance every day for nearly a month (AAA) and they did not return my calls, I finally called today and they told me that they have accepted liability and want to know which shop I have selected. I told them I did not have one.. and last time someone hit me, an adjuster came out, estimated the damages and wrote me a check for it… the lady then refused and said while she cannot tell me legally which specific shop to go too, I need to select a shop that they can deal with directly for repairs.

I do not wish for this to happen… I am currently in Fresno, CA and I want to know my options… do I have to comply with them and take my car into a shop to deal with them directly? Or can I demand they send an adjuster to look at my car and compare it to the estimates that I have already received once they make an offer? Wouldn’t fixing it be at my own discretion? I do have a loan on the car… but I would think that would be between myself and the bank if I didn’t fix the car and got it repossessed or something with so much damage, which is not my plan. I just want to know that I have the options to look around more, and perhaps get the parts myself and have someone in the family do it (who does work on cars that I trust very much).

I dont want to be forced to do something that I am not comfortable with… after all, if their insured did $5000 worth of damage to my car… then they owe me for the damages their insured did not matter what, right? Or do I have to do it the way they want too and take it to a shop that they deal with directly?
January 26th, 2012 at 9:38 pm #Jason

Asleigh,
Don’t fight the system. Just do it so the $5000 repair does does not drag on and on . You may have had it differently before but this is the option you have before you right now You have not provided any information why you would not be comfortable doing this. You just stated that without any support for that reason.

If your car is damaged, get it fixed so it’s safe to drive around while it is in disrepair. Remember, they will provide you a rental car but the longer you delay with your tactics, you will find them stopping your rental allowance and you will incur rental expenses even though your b.f. can driver during this short period of time. You won’t always be going to the same place with him so don’t count on your options because they can go away rather quickly if you keep delaying. Bottom line – get your car fixed and and stop trying to control the situation.
January 27th, 2012 at 5:25 pm #confused

Hello….
I hav a delima…. a couple of weeks ago I was side swiped by this lady…..called the Police but they said that they would not go unless there was an injury involved. She did not hav insurance or a drivers licence…reported it to my insurance co. And they are finding her at fault….trying to get her to pay the deductible but she wont……she has no licence…no insurance…how do I get the Police involved??? They didn’t want to come out in the first place. I own the car and the insurance wants to kno what body shop I’m going to hav it repaired at….the even want to send an adjuster out there…when the car was already estimated by there collision center…what i want to kno is do i hav to get it fixed and shouldn’t they just make out the check to me?? They said if I start repairs before their adjuster goes out to see the car that then they wont pay….im confused…i kno its a long story but plz ..plz…i need advise badly…ASAP
January 28th, 2012 at 7:12 am #carol ghiloni

Hi,
I was involved in a one car accident.[Jan.8,2012] [I was driving] For some reason I went off the right side of the road, hit an electric pole, then hit head on into a tree. I don’t remember anything because I was knocked out cold. Just for the record, I was sober.
I was transported to our local hospital. [I live in Ohio] Then flown to OSU in Columbus with a level 2 head trama. I am doing good. Thank God.My car insurance sent me a letter wanting me to complete a medical authorization and give them all my doctors names and phone numbers. they said for me to send them the bills and they would decide if they were necessary medical services also for me to give the hospital thier information and to send the bills to them. They also want the doctors to send them medical records.Do I have to do this.
Thankyou, Carol Ghiloni
January 28th, 2012 at 10:12 am #Jason

Carol,
Yes.
January 28th, 2012 at 10:59 pm #Jarrod

I was in an accident and i hit someone on the side who was turning left. Their fault, right? The police said they were going to report us both at fault for her: not yeilding and I: for not slowing down. Whuuuaat?? ok i was driving over the speed limit but she pulled out in front of me…. anyway i just wanted to know if my insurence is going to go up and how much money i would get (if any) for my totaled car if its worth 2,000.
January 29th, 2012 at 1:26 am #Jason

Jarrod,
It would be rather easy to answer questions if you provided us all the information we needed. Were you turning on a green light? Was the other driver turning on a green light? Do you have collision insurance. When a police office reports that that both are going to be reported for fault, it’s not clear cut to figure out.

Let’s just put it this way. If there is at least one person paying attention to the roadway and the activities of the the other drivers, there would be a lot less accidents. To say that you are at fault or not is completely impossible. To indicate you are going to get any money based on the circumstances of this accident is impossible.
January 29th, 2012 at 5:54 pm #Bryan

I own a 2007 Yamaha Rhino and it caught on fire and is a total loss. Would it be cover under my auto insurance since I drive it or under my Home owners isurance since it is personal property and I keep it in my garage? Need some guidance here it was a 7000.00 loss.
January 30th, 2012 at 11:59 am #Ellen

My son had my car parked on the street at college. Another car parked up against my car and he could not pull out. He called the police and filed a police report. They found the owner of the car and had him move. He did two very large cracks to my bumper. On the police report it had his insurance listed as Blue Cross/Blue Shield. I called him and said I know that is not car insurance and then he gave me the correct policy information as USAA. They sent an adjuster out and said it would be $810 to replace the bumper. I asked what happens next and he said I need to call There seems to be an issue. When I got in contact with the home office, she said that now the driver of the other car is claiming he does not recall hitting my car and that he came out and found a note on his car to contact the police. I have a police officer as a witness, an accident report, and my son took pictures on his cell phone. She said she had to speak to his father. How can they get away with not paying if all the evidence points to him at fault? Can the father make the decision not to pay?
January 30th, 2012 at 12:22 pm #angela

1. we had insurance for 3 years and recieved a letter stating tat our home never really was covered and refused to give our money back, is that legal;?
2. we had h/o and car ins through another company for 5 years and we swapped car ins because it was cheaper now they are gonna drop us because we need a soffit board fixed, is that legal?
January 31st, 2012 at 9:16 pm #John

Hi there!
So my insurance is allstate. I got involved in an accident on Dec 9, 2011, adjuster gave me a check for the deductible and the check came out to $709.00. I send my car to a dealership and have them repair it and it started on Jan 19, 2012. However, since school started on Jan 23, 2012 and due to my status of unemployment, I have spend all the check on school supplies such as books, and paid for my classes or else I will be drop. My car was already done on Jan 29, 2012 and is ready for pick. Now I have a major situation. My question is: Will Allstate issue another check for? or do I have to pay it out of my pocket for the deductible?
February 1st, 2012 at 8:25 am #John Doe

Hello,
My situation goes as follows. I got into an accident and the lawyer who took on the case sent me the settlement check but had wrong year. So i got rid of that check and had him send me another one. Well it took awhile so i called him and left a message stating that it was taking a long time. So i get the Check finally and cash it. Then a week later i receive another check so i am thinking that it the second part of the claim so i cashed that too. Keep in mind the lawyer never returned my calls or emails so i had no idea what was going on. Well here he issued another check because it was taking to long and i had no idea because he would not contact me back. Now i am being threatened by the fast cash loan but i dont feel like i did anything wrong can anybody help me out here? So to sum it up i got 2 checks from my lawyer and was only supposed to get one but i cashed them both thinking they were mine and i was only suppossed to cash 1. Can i get in trouble?
February 1st, 2012 at 4:00 pm #Kari

John Doe-
Did you not know the amount of money you were supposed to get? Did you not think that it was strange that you received two checks? Yes, you could get in trouble, since the money you kept isn’t yours.

John-
Really? You used the claims money to pay for items it wasn’t intended for. No, they will not just “give you” another check. They have paid you want they needed to. You now have to pay out of your own pocket.
February 1st, 2012 at 6:07 pm #Jason

Kari,
You have no basis for providing John with the information you did. You have no understanding what those checks were for. John, on the behalf of Kari, I apologize to you because I’m fairly certain she won’t. The check could be for medical bills, property damage, pain and suffering. Kari, you don’t know.

John there is a long standing rule in this country that if you didn’t order anything and your received it by mail, it is yours to keep for ever. If Kari didn’t get anything like this, I’m sure her main issues is that she is jealous. You have nothing to worry about.
February 1st, 2012 at 6:14 pm #Jason

Ellen,
Nice job with the collecting the evidence. This guys is going go to be sorry he lived hat he had medical insurnance when he had auto insurance. It’s a a shame that the members or our armed forces (USAA) and their families lie like this. I hope the judge provide punitive damage for his incredible deceit.
February 1st, 2012 at 6:18 pm #Jason

John, what do you think? Do you think they will offer you another check? If they did, I’m fairly certain it will be more more money than originally because time has passed and because of inflation. Also, they the have to realize that school cost has gone up more than normal.
February 1st, 2012 at 6:18 pm #Jason

John, what do you think? Do you think they will offer you another check? If they did, I’m fairly certain it will be more more money than originally because time has passed and because of inflation. Also, they the have to realize that school cost has gone up more than normal.
February 1st, 2012 at 6:26 pm #Jason

Angela,
You paid a premium and you received coverage for 3-5 years. Sure you may not have had any claims during that time but because of that, do you think they should return your premiums? If you get them to return your premiums back, can you ask for them to return my premiums back too? I haven’t ever had a claim in my entire life.
February 1st, 2012 at 7:23 pm #Kari

Jason- regarding John, from the question he posed- he spent the money on school not the car- he was asking again from what he posted- will he get more money- the answer is doubtful. You sir have no basis to assume that he would be entitle to more money from admitting he spent it on school. And

regarding John Doe- if you don’t think the lawyer will come looking for the money that wasn’t his to begin with is just wrong. And to advise someone that it is his to keep again is wrong I am sorry that you feel so threatened when someone else is a bit more knowledgable in the commen sense area than you, forcing you to act like a child. If he knew he shouldn’t have received two checks then he shouldn’t have cashed it. Period. Shame on you for promoting dishonesty.Per John Doe himself- he was sent check 1 with the wrong date so he destroyed- another was issued with correct date- in the meantime his finally got around to correcting the first check and sent a 3rd. Therefore he had been sent a duplicate. Why else would he be threatened? Could it be because someone wants the overage back. Use your brain there big guy!
February 3rd, 2012 at 6:15 am #Ellen

Jason:

Thanks for the response. When you said Military Insurance my heart sank. I forfot! My son was in a serious rollover car accident a few years ago and the driver had USAA. All I wanted for them to do was pay his medical bills. They gave me such a hard time and told me I had to claim it through my medical insurance and they would pay the deductible. I didn’t feel that was right so I ended up getting a lawyer and suing them.

Once I emailed them the pictures of the damage to my bumper, I received a phone call an hour later stating they agree their driver was at fault and is sending me a check in the mail. Glad it’s over and hope I never have to deal with that insurance company EVER again!
February 4th, 2012 at 7:52 pm #Linda

My son was in a car accident today, no one was hurt and minor damage was done to his car. Question is the driver that was at fault had no insurance (Police report was filed) and if my son turns it in on his which is (full coverage) his rates will go up. With it being minor damage he’ll be lucky to get his insurance company to pay any thing after the deductible.Can he take him to small claims court to get him to pay for the damages with out turning it in to his insurance company.
February 5th, 2012 at 8:56 am #Jason

Linda,
Car repairs are expensive. If you are asking if his rates will go up if he files this claim and it’s not his fault, the odds of that are really, really low. If your son was at fault, then your son’s rates would very likely go up.

Taking someone to court is a lot of work and effort and if his insurance pays for the damage, part of his insurance company’s process is to request the at fault driver to pay for the damage that was caused. If the damage is enough to warrant a claims action (suit), the insurance company will do that as well. But if your son wants to do the insurance company’s work instead, he is allowed that option.
February 5th, 2012 at 9:06 am #Jason

Ellen,
Thanks for the feedback.
February 6th, 2012 at 3:37 am #Akash

I need norms set by irda for car insurance claim and survey pls if u could help me
February 6th, 2012 at 7:01 am #Jason

Akash,
Please be more specific with what you want. What are norms? What are IRDA’s” and what are survey pls?
February 6th, 2012 at 2:25 pm #elizabeth

I have a question. I had a minor accident. In the 23rd I put a claim because the other person was at fault so I wanted the damage repair..so the car I was driving wasn’t under my policy so they told me nothing could be done because the car wasn’t under my policy. Should I call the other persons insurance and make a claim there since it was his faultt? And are they going to ask me if I have insurance and if so what should I say? And if I tell them that the car wasn’t under my policy would they want to fix my car? Someone help me please. Thanks
February 6th, 2012 at 4:58 pm #Jason

Elizabeth,
The most common courtesy thing here to do is notify the owner of the car you were driving that it was in an accident if you haven’t done so already. Perhaps the owner of he car doesn’t have the same intentions as you do so that is why it’s important that the owner know what is going on.

This important to some and you might know what it means but I’m sure more of us don’t so please help us out. When you say “…so they told me nothing could…” — Could you please tell us who “they” are that you referred to?

Again, when you say, …And are they going to ask me…” Who do you mean when you use the term, “they”?

The thing you need to tell people is the truth. If you have insurance, that is what you should let who ever asks you know and if you need to elaborate under which car you have insurance, that might go a long way too.

Again, and I can’t believe I keep having to do this, who do you mean when you say, “…and if I tell them that the car… Who is “them” that you refer to?
February 6th, 2012 at 8:15 pm #Hazel

I got rear-ended 2 weeks ago. The other party’s insurance is paying for my car’s repair. Today, I received a check from the adjuster but my last name was misspelled. Is this ok or should I have them resend it with my correct name written on it? Also, what if the amount is not enough for the repairs, will the repair shop contact the insurance for additional payment or I should pay & have it reimbursed?
February 7th, 2012 at 9:00 am #vickbob

there was a fire in our small town and doing damage to a business of my mother in laws.. there is a lein on the building with the bank and there is another lein showing my husband owes money to the irs and they attached a lein also and a bank that is no longer in business which there is no money owed to them. and one other thing they put another bank on the check which was filed on bankruptcy in 2004. so my question is what can we do we got the check from my mother in laws insurance and it was made out to the bank that she filed bankruptcy on and the irs and the bank that is out of business where there is no money owed to them. so what do we do.

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