Insurance Claim Law and Unfair Practices - FREE Q&A

1,795 Responses to “Insurance Claim Law and Unfair Claims Practices”

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 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 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

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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 UClaim.com with information guarantee and included consultation.
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.
February 10th, 2012 at 3:55 am #Hirosh

My Question is:As a third party insurance holder- I met with an accident in a government owned property- the cost of the damage is estimated at 250,000.00. When I called the insurance company advised me that they would only fork out 15000.00. I want to know if i have paid a premium for a third party policy why haven’t I been covered for the third party damages.
Is there a law in which i can saw the insurance company that it is my right to third party cover. Please answer my question anybody with facts or a law which i can bring to the insurance companies notice.
February 10th, 2012 at 10:52 am #Suzanne

Please, please advise me…

I was hit from behind at red light. (Other party’s fault.) Neck & hip njuries crept up after a few days. The guy who hit me’s insurance Co paid for my car repairs & rental very quickly. For injuries I saw a Chiropractor as I was told they are good for spinal injuries. He made me sign a lein telling me it was customary in PI cases. I was in so much pain and needed help, so I gladly signed it in exchange for promised healing. Fast forward months and months. Chiro would never give me an itemized statement- despite many requests. Insurance company moved slow. Chiro complained constantly that they hadn’t paid him. Finally 7 months after accident insurance Co calls me and says they’ll cover $2K of Chiro’s bills and that the he way inflated the bills. I finally learn that he charged them $11k for 29 visits (mostly 20-30 minutes.) I approach Chiro with this info. He denies it saying everything was customary.

Chiro types a threat letter directly to the guy who hit me basically telling him that I will sue him personally if he doesn’t call Chiro and make payment arrangements for the $11k within 2 days. He tells me to come to his clinic and sign it (as if it was from me) and he will mail it. I am really uncomfortable with this and just file the letter.

Now I don’t know what to do! I think the insurance company is lowballing, but I also think the Chiro really is inflating his bills. (example a TENS unit I found on-line for $25 is billed at $595 + $60 for his couple minutes of instruction on how to use it. Also, 10 minutes of lying on a massage type table is billed at $100 dollars—for every visit.)

I feel like as soon as I signed the lein it gave him a free license to run up the bill because even if the insurance company refused to pay, I’d have to. I am scared to get an attorney and rack up the bills even higher for myself. Also, it might be another party trying to make money and not help me. Plus, do I need a PI attorney to deal with the insurance company AND some kind of fraud attorney to deal with the Chiropractor??

Is it really possible to owe $9k for doctor bills for an accident that was 0% my fault? What do I do???
February 10th, 2012 at 12:51 pm #Jason

Suzanne,
You saw a chiropractor for 29 visits. You say, “I was in so much pain and needed help, so I gladly signed it in exchange for promised healing.” yet you go to a chiropractor instead of an ER or hospital.

Were your provided medication to take for your unbearable pain? And if so, how much, and who prescribed that?

Do you realize what kind of person you are dealing with when he types up a “sue you” letter and asks you to sign it? How did you find this chiropractor? Regarding this letter, you went to his office to pick up the letter? I fail to understand why you didn’t sign it and send it.

What you have is a mess. You have a chiropractor that is inflating his bills. You say, “the other insurance company paid your car repairs & rental very quickly.” Yet, you are now saying this insurance company is low balling. Is this the same insurance company that paid for your car and rental quickly or are we talking about 2 different insurance companies. Could it be that the chiropractor is inflating is bills and your insurance is not low balling, but being fair?

Please help us put this into perspective. What is the speed limit on the road in which this happened? Was the other vehicle and your car the only ones in this accident? How many ambulances were were dispatched to this accident scene? How many days was your car in the shop? How much were the repairs? Were there any other people in either vehicle and if so, what were their injuries or fatalities?

Did you also have TENS prescribed at this chiropractor’s office to you? Again, what ER room or hospital did you go to? How often and for what duration was the TENS to be used?

Yes, that is correct. If the insurance company doesn’t pay, then you, because of your lien, would be responsible for paying the inflated bill. Throughout the 29 visits, you should have been able to figure out something was not right. This chiropractor was going go get paid his inflated rates and somehow it’s going to go full circle to you as the one having to pay it. If you want to respond to the …complete. e-mail address in orange at the top of this site, you can do that.
February 12th, 2012 at 1:45 pm #Kim Clemetson

Unsure how to respond to settlement offer.
In August 2010. My daughter was hit from behind. They fled from scene but caught later. Their insurance has settled for my car. My daughter was a minor at the time. We notified them via mail that there would be a bodily injury claim. She had signed for intent to run track competitively for the college she was going to attend. (She has post-concussion syndrome from high school basketball injuries. It was resolved enough for our Dr. to “okay” her to run at college.) The accident caused her to have back pain that triggered her headaches again. We have had medical bills and treatments done but she lost her scholarship as she was unable to run per MD order. All the medical charts were given to their claims adjuster. As of February 2012, we rec’d an offer of $1000.00 for settlement from them. I know that it is a low-ball offer. I am not trying to milk this, but with the loss of the scholarship she was to receive; she had to pay for college. This doesn’t include her time, gas, food expense of traveling for her medical treatment. I want to ask for 8,000.00 settlement (we have not responded yet). I don’t want to play the back-in-forth game. Is it alright to attach a statement at the end of the offer. “If this is not accepted, I will start increasing the amount for pain and suffering, which I have not asked for at this point.” It’s not meant to be a threat, I just want to get this settled. Claim adjuster called my daughter and stated she already headaches so they don’t have to pay for per-existing condition. My daughter told them to talk with me. Is verbal permission enough of permission for me to settle this claim as she is now over 18 or do we need to send a notarized statement? I understand that they can not use her post concussion syndrome as an per-existing condition to relieve them from a settlement. It is true?
February 12th, 2012 at 6:07 pm #Jason

Kim,
Your daughter’s claim is too complicated to discuss on this forum. If you want this to settle for the range you mentioned, an attorney will need to be secured because the insurance company values your daughter’s claim at $1000. There is a lot that your daughter’s attorney would have to prove and those items will not be easy to prove.
February 13th, 2012 at 4:49 pm #Kim Clemetson

Thanks for you prompt answer. I appreciate the honesty.
February 14th, 2012 at 5:30 pm #brandon

My girlfriend was an uninsured driver involved in a minor accident, rear end at 30 mph, a year ago. She was called by the other parties insurance company and sent a bill. she has been paying on in for a year and was just sent another bill a few days ago for the other person’s medical. I called and the insurance company claims they can collect medical for 3 years and the original bill was just for damage to the car. Do they have to prove that it is her medical? I know there are all kinds of laws protecting medical but to charge her and she doesn’t know what she is paying for sounds outrageous. Can i get legal assistance to get proof of the bills or what is the best way? We are tempted to just say forget it and quit paying to just file bankruptcy. Can they really just charge for unto 3 years? If she is insured now can she claim it on her insurance and have them settle? Can I get some help please and thank you?
February 14th, 2012 at 5:38 pm #Jason

Brandon,
If you want them to prove it, ask the insurance company to prove it’s a medical bill related to the accident.

The 3 year is related to any medical treatment received within 3 years. They can collect on it longer than 3 years.

No, she cannot claim this accident on her current insurance because it depends on who insurance was on the date of the accident which was no company.
February 15th, 2012 at 11:19 am #Tammy

Someone hit our truck and the adjuster gave us a check in our name for $7000. We ended up getting lesser repairs made at a shop and spent about $4000. The progressive agent found out where we were getting the vehicle repaired and sent them a copy of his estimate. The repair shop owner was furious with us and said we were not allowed to keep the difference. Mony is gone. What now?
February 15th, 2012 at 12:42 pm #Jason

Tammy,
You and the shop owner had an agreement what to fix. The shop fixed everything at your agree price for about $4000. I see nothing wrong with the situation and nobody should be upset.
February 15th, 2012 at 2:16 pm #Tammy

So I would not owe the insurance company any money back?
February 15th, 2012 at 3:09 pm #Jason

Tammy,
No, the insurance confirmed your damage was $7000. You got $4000 of that total amount of damaged fixed. You were paid for the damage and your claim is very likely closed.
February 15th, 2012 at 4:05 pm #Mike

A car ran a red light, hit the car next to me that was pushed into my truck. I contacted the at fault driver’s insurance company and was told she is underinsured and wouldn’t be able to cover the repairs to my truck and the car that hit me.

Can I file a claim against the driver of the car that hit me even though he was hit by the other car? If not, it looks like I will have to file a claim with my insurance company, pay the deductible and try to get it back in small claims court.
February 15th, 2012 at 4:10 pm #Jason

Mike,
The car that hit you was not negligent so they aren’t responsible for your damages. Yes, you will have to file through your own insurance.
February 15th, 2012 at 10:43 pm #Tami h

I rent out a home and in my ins. policy there is a section stating whats not covered. The renter dwelling ins states flooding,ground seepage,sump pump etc is not covered. I had renters there for over a year and one day they came to my leasing agent statimg the basement was leaking. He went right over and found they hadnt paid their electric bill and sump pumps dont run without electricity. Bill immediatly plugged the sump pump into tje neighbors and got the 3 feet of water out then he had me turn on the power.neither bill nor I had any idea they were living without power. The electric company wont say what there statis is on there bill due to privacy laws. insurace company wont pay because of the water clause yet I (the home owner) didnt have a clue they didnt have electricity and so the sump pump was off therefor filling my finished basement with several feet of water ruining the drywall,etc. Do I have any recourse to take against state farm since there was no way for me to know. I’d like to get back some or all of the money ive spent out of pocket for cleaning up and repairing the damages they caused.
February 16th, 2012 at 6:37 am #Ally

My recent auto claim has been sent to the departments SIU and they would like to get a statement from me. The damages are about $2000. What is the purpose of investigators? If I drop my claim before making the statement and pay the damages out pocket will this investigation go away or make the situation worse? I am 7 months pregnant and don’t need the extra stress. Thanks for your help!
February 16th, 2012 at 8:27 am #Jason

Tami h,
Probably not. It doesn’t matters the reason why it happened, something that is not covered happened.
February 16th, 2012 at 8:29 am #Jason

Ally,
We don’t have enough information from you to provide you with a response. The reason for the SIU is because they believe your claim may not be valid. We don’t know what the ramifications would be if you dropped your claim.
February 16th, 2012 at 9:58 am #Jes

We had a fire back in September and we had a bunch of property that was claimed and we received two acv checks for. My understanding is I only have to submit receipts to the insurance company to get the depreciation back on the items that I paid more than the ACV value I was given. What happens if I do not send any receipts in as most of the items I was able to replace with the ACV money and some items I chose not to replace. They can’t come back and charge me with fraud if I decide to not send in any receipts can they?
February 16th, 2012 at 10:52 am #David

after several rough storms in my area i started noticing a few small leaks in my roof. i contacted the roofer i have always used and after he inspected the roof he told me the roof was definitely damaged by hail. i contacted the insurance company and they sent a guy to check it out, my ankle was broken at the time so i couldnt climb on the roof with him, after a quick inspection he told me there was no damage. since that time i have had three more roofers look at it and they all say it is most definetely damaged, the insurance refuses to pay..they will not even send another adjuster to look at it. what can i do if anything? most every other house on my block has had new roofs because of hail damage, but mine refuses to pay..
February 16th, 2012 at 1:45 pm #Jason

Jes,
No, that’s how it works. it you don’t want to make a claim for any additional amount above what they paid you as far as ACV, you don’t have to. There is nothing wrong with that.
February 16th, 2012 at 1:47 pm #Jason

David,
See if you can get a claim manager involved and have your roof reinspected by someone other than the original person.
February 17th, 2012 at 5:12 pm #Jeremy

I was rear ended in PA and my camry hybrid 2011 was determined a total loss by progressive (my ins company). The other driver was with Erie ins. I had a loan on my car and also loan/lease payoff coverage. Progressive first told me I could pay the salvage value and get my salvage title. Than I asked the total loss rep and she said I couldn’t b/c of the loan lease payoff. I asked how much the salavge was and she said the estimate is for $9,000, than I asked how much damage there was and she they stopped the estimate when they hit $11,000. They are going to subrogate Erie anyway so why can’t they come up with a total damge to my car – loss of value – money saved from rental etc. and let me bye my car for $5000 salvage and sell it on my own to help recoup my losses? I understood this was the case but it seems like progressive is using my misfortune to profit and I’m out my down payment and everything else. Please advise if I have any recrouse with progressive or are they as bad as everyone says.

Thanks!
J
February 18th, 2012 at 10:06 am #Sukanya

This is Sukanya from Illinois. I previously had a chat with you over the mail couple of weeks ago regarding my car accident. I was driving my husband’s car and had an accident in the parking lot hitting three cars. I was not insured at that time.As told you earlier, since I am an unemployed person, it is not possible for me to pay the amount for the damage of the three cars. Later, we came to know that one of the cars was totaled and the amount the owner got was 3200$. But we didn’t hear anything from his insurance company.. neither did they claim anything yet. But today we got a call from the owner of the car that he had rented a car during the last few days and now he is claiming the rental car amount which is 300 bucks from us. He said that he called his insurance company for the amount but they told him to claim the amount from us and if we deny the amount, then he can file the case in the court and they assured him that he will win the case. He then told my husband that if we can settle it between us, then we will have to pay less… else in the court the expense we gonna bear is going to be more. So we are quite a bit confused as to why we will be going to pay his rental car expense. Paying the damage is considerable but can you suggest me what we can do now to avoid this. Your help will be appreciated.

Thanks & regards,
Sukanya
February 20th, 2012 at 10:14 am #Mark

Hello, Thanks for all the help you put out on your website. My situtation is as such – a friend was backing out of her driveway into the road, had started turning her car to go straight down the road and was hit on the corner of her bumper by a neighbor across the street also backing out that didn’t notice her in the road. She took extensive photographs and contacted her insurance right away. At first her insurance company told her the fault was 50/50 (after speaking with the other party who had changed her story to both were backing out at the same time even though the photos and the damage to both vehicles contradicted that statement). Then after sending the photos and telling the adjuster she would not accept that since it wasn’t true, her adjuster sent her an email stating that they had decided it was the other party’s fault after all. Her adjuster told her that she had to contact the other insurance company and wait for their ruling, but in the meantime she could get the car fixed and her insurance company would pay minus the $1,000 deductible, which she may or may not get back. The question is – shouldn’t an insurance company that you pay a premium to be the one to fight the other insurance company to get you refunded in full? Why should she have to contact the other insurance company when she has one who she turned in the accident information to? I am not familiar with insurance practices but this strikes me as unsettling and not in line with what insurers are paying for? Is this standard operating practices and/or should she sue the neighbor directly? Thank you.
February 22nd, 2012 at 1:17 am #Aro

Hi everyone I have a question. In 2009 I was insured by Allstate and I get in accident . Allstate try to avoid to pay for claim so they sue me and the other people for possible fraud and because I not cooperate with them. So I should hire a Lawer and pay my money to protect myself. But there is the thing they send me a letter where they say that Allstate will pay for any legal espenses regarding that claim. So I won that case and Allstate agree to pay for that claim. Now I want to reimburse my legal expenses from Allstate so can anybody tell my how to do that? Thanks Aro
February 22nd, 2012 at 1:18 pm #Dan

Hello legal eagles, I am being taken to small claims court in California for an incident involving my Truck damaging a customer’s driveway. The incident was reported to my insurance company who is currently in the process of investigating and most likely paying for the damage. How can someone litigate an issue that is currently in the insurance process? Thanks, Dan
February 23rd, 2012 at 1:54 am #Deen

I hope someone will answer my question. I rear ended a car on jan.1. The police came, to a report and relued me at fault.The. problem was that i was uninsured at that time. So the other driver’s insurance contacted me and i told them that i will pay them out of pocket. At this time, i asked adjuster how much do i have to pay themm and she said they have gave the guy a check in the amount of $ 1200. I felt like that was more than the damage cos the damage wasnt really a big on. I asked the adjuster how the payment will go, she told to wait till she refer the claim to the subrrogation department. Because i afraid to lose my licence for driving without insurance, i couldnt do the waiting and i was calling them. i eventually spoke to the subbrogation lady and to my surprise she said the total amount is 2,829 instead of1200 the adjuster told me. Also the letter statet that there could be more money like rental etc. I felt that this people want to take my advantage cos i wasnt insureda at that time. Am ready to pay them for the damage but not the inflated amount. What do you think i should do? can they report me to dmv for driving without insirance. What are my rights?
February 24th, 2012 at 5:33 am #Von

I have received a check from the insurer(who was at fault in the auto accident,because of which my vehicle was totaled), her insurance company issued me a check for the sales tax of my totaled vehicle. However, the insurance company misspelled the last letter in my last name, the last letter should have been n, but they typed a m. Is it o.k. for me to still cash the
check?

Thank you
February 25th, 2012 at 11:12 pm #Raheal

Hi can someone plese give me an advice….

Well I got in to car accident in 2010…. Someone told me to file a claim
For benifits now my insurance claim is settling and insurance settle for 14g
And am getting only two thousand dork…
The clinic I bin going to they taking more then half of it and I see bills from the time when I haven’t bin to clinic… Then how can they bill my insurance compney when I haven’t even bin to clinic I think they did some fake signature or something ….. They taking money which I haven’t bin treated for ….. So plz help me figur out what should I do
February 25th, 2012 at 11:27 pm #Kari

Von- take it to your bank- ask them- some will be okay with it others won’t. If they aren’t, contact the adjuster and have a new check issued with the correct spelling.
February 26th, 2012 at 6:16 am #kim

I was in car accident wasn’t my fault the other person told the truth but I was driving on suspended license I’m I still title to anything Please help.I’m in pain
March 3rd, 2012 at 10:17 am #Morgan

Hello,
Hit a deer with my truck. It’s a 2002 S10 so to say the least it damaged it badly. The hood needs replaced, actually the whole front end. The passenger’s side was demolished. THe drivers side is completely loose even though my head light and turn signal works I need a new assembly. The passenger’s front fender is now pressing against the door so that it doesn’t open and is dented and scraped. The adjuster did not even quote all the damage to my vehicle. Said it was lucky to be $3,000 in damag but the body shop says that will be the work alone because it will take more than 8 days to repair. He also said he could get salvaged parts in yards 5 and 6 hours away for cheap but I am a student and nurse that doesn’t have time to travel to get these parts. I haven’t accepted the offer from them nor any checks. I still owe on the truck because I had gotton it new. My concern is, do they not have to fix all the damages to my vehicle as a result of the deer or can they just pick and choose what they fix? Also, can they adjust my price based on parts they found in areas so far away? Is it too far fetched for me to believe my vehicle should be restored backt to the condition it was in prior to my accident?
March 3rd, 2012 at 12:03 pm #Kari

Morgan- my first question is, why didn’t they “adjust all of the damages” if you don’t know then you need to ask your adjuster.
March 3rd, 2012 at 4:25 pm #Kelsey S.

Hello,

last year on June 2nd 2011, I was in an auto accident. I was traveling in the fast lane (far left lane) on the freeway During stop and go traffic. The carpool lane was also to the left of me, and there was a large cargo van traveling in that lane. The van suddenly cut in front of me and slammed on his breaks due to the traffic in front of us coming to an abrupt halt.

Because the van slammed on his breaks after squeezing itself between my car and another, I wasnt able to stop in time and I clipped the side of the van. I tried to swerve but there was just not enough space or time for me to avoid this accident. I immediately filed a report with highway partol. The officer said because the van shouldnt have been merging lanes that the accident wasnt my fault.

In this situation, the driver of the van pretended like he didnt feel the impact of the collision, and kept driving away. Because we were in stop and go traffic, the driver wasnt able to speed away, and within the first few moments of the impact it didnt appear that he was not planning on stopping.

By the time that he was at a far enough distance away where I realised he wasnt stopping, I couldnt see his license plate number therefore the police considered it a hit and run when I was filing the report on the side of the freeway.

After the accident, my insurance company paid to fix my vehicle with virtually no hassles whatsoever. About a week after the accident, I realised that the stiffness caused by the shock of the accident had turned into a significant pain, particularly in my right hip (the hip attatched to the leg attatched to the foot that slammed on the break right before the impact).

Because I had already given a recorded statment where I indicated I had no injuries, I called the claims agent back to ask him if it was still okay to seek chiropractic adjustments under my PIP coverage. He stated that was not a problem and that was what PIP was for.

I went to a chiropractor for about 4 months, he was able to help me get to a point where it no longer constantly hurt to walk around and sit. Now almost a year after the accident, I still have constant headaches as well as pain in my right hip that causes me to toss and turn every night.

Right after the 4 months of chiropractic treatments, the bills for the care were submitted to my auto insurance carrier UAIG. At that point, they then began to question the claim by submitting it to the SIU (special investiagions unit). The insurance company then requested that I submit to an EUO. Once I got a lawyer, they have cancelled the EUO for a later date they have not yet specified. The original date was the last week of November 2011. It is now March 3rd 2012.

After researching the reasons an insurance company will request an EUO, I feel that they are either suspecting me of fraud, or of exagerating a claim. Even though I am still in pain every day from that accident, they are dragging out the claims process and have not given a definate answer of whether they will pay my chiropractor for the $3000 of bills I accumulated.

Also, I would like to continue to see the chiropractor, but I am afraid to rack up any more bills until I know whether or not I am going to have to set up payment arangments for the care Ive already received in the past.

My main questions are: What is the point of requesting an EUO, then delaying the process once I hire a lawyer? Does the fact that I was 7 months pregnant during that accident have anything to do with the request for an EUO? Do I still have a chance at getting compensation for the PIP claim now that I just recently switched to GEICO? And finally, what in this situation most likely caused the insurance company to request an EUO in the first place. Please advise, Thank You 🙂
March 3rd, 2012 at 6:28 pm #Alicia

I was hit on a private road by my neighbor. She ran into me leaving my drivers door smashed in. She was driving fast on ice, lost control and slid into me. When she got out of her vehicle, she was very rude and told me that I could call her if I had a problem, and she went on. Unfortunately, I didn’t call the police bc my insurance had over lapsed by a week. I was very sick and had forgotten about it. Their insurance company called me and asked me for a statement. After I told them what had happened, they called back the very next day and told me that all damages would be covered. Now my neighbor is mad and keeps calling me asking me for my insurance information. I don’t understand why bc it was her fault. There’s proof, her headlight is busted and my door has her cars paint on it. I got insurance right after the accident happened. Will I get into trouble? I’m not sure what to do. I had been very ill and wasn’t even going to work the week I didn’t have insurance and then bam… first day back to work… my neighbor hits me. Thanks for reading
March 4th, 2012 at 2:46 am #admin

I have no idea what happened to Jason. I sent him an email a long time ago, but no response. This website would be a lot better if some of you would step up to the plate and start answering questions. I know you are out there and listening because there are hundreds of you who subscribe to RSS Feeds for this website.

For those of you who want automatic notices of new comments on this website, just click on the “comments (rss)” link at the bottom right corner of the page.
March 5th, 2012 at 6:33 pm #Liliana

I totaled my car in an accident and I have only liability insurance. Can I recover salvage cost from my insurance in California?
March 9th, 2012 at 5:30 pm #Stacey

my brother wrecked his motorcycle. His throttle stuck and shot him across a busy 4 lane street. totaled his bike. His auto insurance gave him $1000.00 check. His medical insurance will not pay any of his medical bills pertaining to that accident due to the fact that he did not use that $1000.00 check on medical bills. Can they actually do this?
March 13th, 2012 at 10:02 pm #abby

Hi about a month ago my car was stollen the insurance company says that they are done with their investigation ( car was set on fire totaled) they sent me a proof of loss form to be filled out and mailed back to them they wanted to know how much I thought they should pay me for the loss of my car and the carseats for my kids my car only books for like 4200 in exalent condition but it was a nice car in perfect shape nothing wrong and low miles after doing research on how much it is going to cost me to get the same car with around same miles I can’t find one within 200 miles of my house for less than 5990 and no more than 8,688 what do I ask them for on this form
March 13th, 2012 at 10:10 pm #abby

Ps. How long does it take for them to get all this stuff done and cut my check my car was not paid off still owe 1300 on it so do they give blue book or do they replace your car I have two small kids and have to have a car but I can’t make 2 payments a month
March 14th, 2012 at 6:29 pm #Amanda

Hi. I was the passenger in my boyfriend’s truck; He ran into a tree, totaled his truck and collected a claim for the truck. I got somewhat injured and need to at least get checked out..xrays will likely be done. I know his insurance will already go up since he claimed his truck but will it go up even more if I decide to sue his insurance?
Also I know sometimes there’s stack insurance, so with suing the other persons auto insurance in the house, will it make their rates go up?
March 16th, 2012 at 2:03 am #RAKESH DESAI

I HAVE A KOTAK LIFE INSURANCE ULIP PLAN. I PAID ONE PREMIUM THEN I DONOT PAY ANY MORE. IS THERE ANY POSSIBLE WAY TO GET MY MONEY BACK
March 16th, 2012 at 4:21 pm #Sam

Hi,
I was involved in a accident on Februrary 1st and I received the ticket and declared my fault, and I just received phone call(my adjuster) today regarding the other parties claims. I’m guessing they were waiting on the police report to be released and during that time they hired an attorney to collect their claims, I’m scared of the word “attorney” and I was wondering what I should expect from this.

My insurance covers upto $100,000 in liability coverage… Do I have anything to worry about? Did they hire the attorney because the weren’t able to get to my insurance company last month? I am insured with Allstate by the way.
March 19th, 2012 at 11:30 am #kristi

So march 9th a girl hit my car in the walmart parking lot. she gave me all of her information and that night i called my insurance company since it was her fault my insurance called hers and reported the claim. the next day her insurance came out and took pictures of my car and faxed me an estimate that same day. they told me it would take 2 or 3 days to get a check but they said they first would need to get in contact with the girl that hit me because since the accident she has yet to call her insurance company and that have to get her said of the story before paying me. well its been almost 2 weeks they said that the girl will not answer or return any of their phone calls. I dont know what to do. should i sue her?
March 19th, 2012 at 11:42 am #Holly

Hi Jason holly again.. earlier this year i asked about changing the check on who i wanted to repair my vehicle for hail damage you responded with this:

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.

I now had it fixed by the guy and they paid him what he charged then wrote a check to the lien holder and I for the balance of the claim. How do i go about cashing this check.. will the lien holder want to keep it even though i got the vehicle fixed?
March 19th, 2012 at 11:49 am #Jason

Send it to your lien holder with support that the car is fixed and ask that they sign it and return it back to you.
March 22nd, 2012 at 4:49 pm #Chris

Progressive made a check to me and my lienholder. Since it is all parts I have the ability to replace (about $4500), am I legally allowed to replace the parts, make the repairs myself and make the lienholder accept this? Or have it written off that it has been repaired? Or can they force me to do repairs at a “professional” shop?
March 24th, 2012 at 7:44 pm #Jasmine

Hi I got into an accident two days ago. It was my fault and the car was towed to a body shop that was a member of Farmer’s circle of dependability shops (my insurance). I was told by my insurance I could leave it there for assessment. It is going to be torn down for a proper estimate by the shop and I’ll be given a quote in a couple of days. How will my insurance decide if it’s totaled? Would they just base it off of the body shop’s estimate or will a separate appraiser check it out? Also if the body shop thinks it might be totaled, can I just withdraw my claim and pay for the repair myself? I can ask the body shop to repair just the most complex damage and look for another cheaper shop for the rest of the repairs.
March 25th, 2012 at 8:01 am #Sofiya

Hi, I hit another car in a parking lot last Thursday. I waited for the owner of the car. When she showed up a few minutes later, I gave her my insurance info and my personal cell. She reported the incident to her insurance who in turn filed a claim with my insurance. I confirmed the details with both insurances as I was at fault. She then called me later and proposed that I pay her directly for the estimate that she got from the repair shop and she will drop the claim. I was a little confused as I have never been in such a situation before. Please advise:
1) If I cover her damages personally, does the claim still remain in my history with my insurance?
2) Does it help me in any way to pay her or the repair shop directly? (I would not pay her because then I have no leverage)
3) If I have her sign and notarize any further liabilities relating to this incident, can she still come after me?
4) Should I inform my insurance company that she has approached me with this offer?

Thanks!
March 25th, 2012 at 5:30 pm #Jason

Sofiya,
1. You had an at fault accident. This is part of your driving record and will be considered whether there is a payout or not.

2. No.

3. Why would you consider even opening up that can of worms?

4. Who cares if she approached you or not? Don’t deal with it with the other person. That is why you have liability insurance coverage.
March 25th, 2012 at 8:37 pm #Sofiya

Thank you Jason for the prompt and clear response.
March 27th, 2012 at 10:07 am #Shelly

My car was hit and the insurance company paid the repair shop, I chose for almost 11000 in damage to my car that was only 9 months off the lot. I have learned a very expenisive lesson in that I was trying to help the “little guy” rather than taking it to the dealer. The little guy had my car for 6 weeks, then dropped it off at my home. After going over the car, I sent it back with a list of things that needed to be done right. Door didn’t close right, damaged seal around passenger window, paint or clearcoat drips & chips, headlight not in properly, traction control switching off and on, the list goes on. Long story short, car comes back second time… some things repaired others not. He is sorry says he doesn’t have the money to do anymore work and that the dealer needs to fix the traction control. My husband was dumbfounded, and brought the car home.
I brought the car to the dealer for the traction and other things that need to be finished. The insurance adjuster went down to the dealer too. They are saying a lot of the things that insurance paid for has not been done, or done right and that my paint looks horrible. The insurance company says I’m on my own because I did not pick a preferred shop.
The dealer says he will give me an estimate and that I would have to pay out of pocket or go to small claims court. I’m not really sure what to do from here. What proof / steps do I need to take for small claims? What kind of damages can I seek? I just want my car fixed the right way, my accident was 12/19/2011 are there any time limitations?
Do auto body shops carry insurance to cover situations like this? Or will this be out of his pocket?
March 27th, 2012 at 10:32 am #Jason

Shelly,
This is between you and the incompetent body shop. It is clear this body shop is incapable of doing the repairs properly and there is no need to explain it any further because you already know the specifics.

The issue you have is a contract/performance issue and that is a legal concern, not an insurance issue. This has nothing to do with insurance any longer. The insurance company did what it was supposed to do and they have no further obligation.

Almost all the questions you posed are legal questions. To find those answers will require an attorney. We don’t provide legal advice here.

The last question we can answer. The shop may or may not carry insurance based on how shoddy they run their business. Let’s just say they do carry insurance. That insurance will specifically exclude the lack of repair or the sub-par repair this guy did.

What is difficult to comprehend is how the check the insurance company, written out to the body shop and you, was signed over to the body shop without the car being repaired properly. By signing that check to the body shop, you accepted the condition of the repairs.

On your second attempt to get this car fixed properly, take it to a reputable repair shop and realize that the repairs are out of pocket for you. Don’t pay the body shop until you can confirm you are satisfied with the repairs.
April 4th, 2012 at 11:54 am #Betty

I was parked at a grocery store parking lot. A driver plunged into a car next to mine and that car hit my car and my car hit the car next to me. So the driver has caused a 4 car accident (including his car). The car belong to someone else who had given him permission to use it.
The year of my car is a 1992 and I had Liability, un/under insured motorist, PIP and other coverages. Because the $200+ I would be paying for Comp/Collision seemed expensive for the year of my car I choose not to purchase the comp/collision. I had purchased the vehicle for $2,000. The body was in great shape, the interior was in good shape no tears or rips. I had the exhast system repaired , a new radiator, and some engine work for a total of $1600 (within the last 6 months) which is not bad and the car was running great. Guessing from the damage to my car it is prbably totaled.
The driver was arrested for a DWI, resisting arrest and traffic warrents at the scene. The car’s owner insurance is battleing with me to pay the claim and trying to say that this person had a medical issue that he didn’t know about and therefore they may not pay the claim. I ‘ve spoken to my insurance to see if it is possible to use my un/under insured motorist coverage because the driver was uninsured. My insurance is stating no because the insurance follows the car not the driver.
I pulled the police report and he was arrested for the DWI, but nothing more is said about his alcohol levels. Where can I obtain that information and do they do a blood test for a DWI? Please let me know how to proceed and if there is anything I can do about this situation? I was covered on my end for anything that I would be responsible for. It’s hard to think that because of these situations that I could be out of everything and paying for all this out of my pocket. Thanks for your help.
April 5th, 2012 at 1:06 pm #MY SUPER SEXY STARS (STEPHANIE)

HELP ME SIR COULD YOU PLEASE CALL ME ASAP PLEASE PLEASE
TO MUCH TO TYPE 925-705-0155
April 5th, 2012 at 1:07 pm #MY SUPER SEXY STARS (STEPHANIE)

HELP ME SIR COULD YOU PLEASE CALL ME ASAP PLEASE PLEASE
TO MUCH TO TYPE 925-705-0155 IN IN CALIFORNIA
April 6th, 2012 at 1:56 pm #Jason

Betty,
Your option is to persist with the other vehicle owner’s insurance company. You don’t have collision coverage so you are self insured in that regard. If you don’t have success with the other owner’s insurance, move on with life.
April 11th, 2012 at 12:42 pm #Melanie

Our family just found a life insurance policy made back in the day before any of the deceased’s kids were born. Is there anyway to appeal the money going to people that haven’t been in the deceased’s life for over 30 years? We want the money to go to his grandkids which were his world and kept him going? How do we make this happen?
April 11th, 2012 at 4:48 pm #Jason

Melanie,
The person to make those changes is deceased. He had the choice to change the beneficiaries. The person or persons in the beneficiary area of the policy is where those changes need to be made.

Please notice that you said, “We want the money…” That clearly doesn’t sound like any type of wishes of the deceased person.

You really have no influence where the money goes because it’s not your insurance policy.

Can insurance beneficiaries be changed by the court? Sure they can but you need a very strong argument why it should be changed from directives contained in the policy holder’s contract and you better have some money to pay the attorney because this would be an hourly case with a sizable retainer.
April 18th, 2012 at 4:04 pm #Melissa M

The neighbors driveway has a downward pitch in their driveway, directing water to pool up under my home. It is causing mildew/ mold to form under my home in that area. Is this something I can have his homeowner’s insurance pay for?
April 18th, 2012 at 4:38 pm #Jason

Melissa,
His homeowner’s insurance protects your neighbor from negligence claims. If the driveway was just recently installed, perhaps but we don’t know for sure.

What actions have you taken to divert the water once it gets to your property? A homeowner is responsible for protecting their home and sometimes those actions are not paid by someone else or their insurance.
April 24th, 2012 at 8:51 am #Chris

Thank you for all of your advice! My parked vehicle was recently hit by another vehicle. I am currently dealing with the other parties insurance ( AAA) They told me I could have the estimate for repair done at one of their approved body shops or they could send out an adjuster if I chose the body shop of my choice. I went with their body shop and received a estimate of $1800.00 in damage. I faxed them a letter stating I would like for them to send me a check for the full amount and I will proceed with the repair when I choose a body shop and have the time to fix my vehicle. They called me and told me they would not send me a check. I would have to do a cash claim if I chose a body shop of my choice, and they will again send out an adjuster. I told them I was unhappy with this and would like them to send me the check for the repairs. She told me I would be doing a cash claim then and a liaison to tell me what the cash settlement will be. Do i have a right to receive the full $1800 that their body shop estimated in damages? Also, I live in Michigan and was wondering if I could receive diminished value.
April 24th, 2012 at 9:31 am #Melissa

Jason,

Thank you for the reply. I haven’t done anything to prevent the water from pooling up on the side of my house. I am not sure how I can prevent this from happening, when his driveway keeps dumping water on that whole side of my house. Maybe I can lift my cement up and create a pitch back towards his driveway? I’m not sure how to put a band aid on this. In my opinion, the only true fix would be to have him pitch his driveway in the correct direction.
April 24th, 2012 at 10:50 am #Kari

Chris-
If you wanted to pick a body shop of your choice, then why didn’t you chose that option from the beginning. You chose for their body shop to fix it. That is what they did, they got an estimate from their body shop of $1800. If you are now changing your mind, then have them send out an adjuster as she said they would and go from there.
April 24th, 2012 at 8:59 pm #Jason

Melissa,
If you lift your cement up and it pitches toward his driveway, and his driveway already pitches toward your driveway, the water will meet between the 2 driveways and disperse from where they both meet. He is keeping water away from his house and your move would be to keep water from your house. Problem solved.

Your neighbor’s primary interest is protecting his property, not your property and his property. In this case, you need to be proactive to protect your property and that might cost some money on your part. Or, you can let the water damage your home. Sometimes decisions have to be made.
April 25th, 2012 at 6:52 am #Chris

Kari or admin,

Kari, I was looking for a response from Admin. He wrote earlier on question 37 and 38. his answer to 37 …
( 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.)
is what I was looking for more. My insurance is giving me a hard time about sending me the check directly. Now they are saying they will send me less money if they have to give me cash? It doesn’t make any sense. I would like the check for $1800 to decide when and where I will do the repair myself.
April 25th, 2012 at 7:41 am #Jason

Chris,
The amount the insurance company has to pay the body shop to perform the repair to your car is $1800 and that is firm.

The amount they pay you in the form of cash is not firm. If you believe it is, that is fine but if you don’t have it repaired by the body shop for $1800, they can adjust the cash settlement to any amount they want and the only option you have is to accept it or reject it. If you accept it, the insurance company has reduced their expense. If you reject it, you have no funds and they continue to have the upper hand in bargaining power.

You have options here. File this claim with your insurance company and settle with them. Your insurance company will apply your deductible, but they should be able to recover that from AAA and send it back to you. Or, determine when and when you want to get it fixed and get the car fixed. You seem to be making your claim complicated by delaying getting your car fixed.

Diminished value sounds important and all and we believe it is recognized in Michigan but for an insurance company to consider that for $1800 worth of damage is very unlikely. If they did recognize it, the diminished value would be very close to zero.
April 27th, 2012 at 7:36 pm #Miguel

Who’s money is it??

Vehicle loan in im name, friend took over payment. Contract was sign in regards to payment, resistration and insurance were to be changed and payed for by her. Accident occured, the car was a complete loss. Her insurance notified my paid off the loan still in my name and sent me the balance. Now that her insurance company had notified her of the loan payoff and the balance being sent to us. She’s calling asking for the money. Is she entitled to any of this money??? The vehicle is still in my name, is she entitled to the money for a vehicle that wasn’t hers yet???
Any suggestions, please help!!!!
April 30th, 2012 at 12:08 pm #Jason

Miguel,
No, she has no ownership interest in your car. Had she transferred the ownership to her name, then should would.

Look at it this way. If you are renting an apartment and it burns to the ground, does the insurance pay you for the building or the owner? Her payments made her the renter and you remained the owner.
May 2nd, 2012 at 7:16 pm #Felicia

I was in a car accident about a week ago. A car in front of me slammed on brakes and I wrecked my car pretty bad when I slammed on mine. I’m not sure if the car in front say what happened. Now I’m left at the accident alone. I call my insurance company and they tell me I do not have colliding coverage, but my car is financed; so I have to have comp and collison. My insurance faxed over to my fiance company documents stating I have coverage, however I did not know the one company never added collison or my lien holder to my policy. My fiance company told me my policy never showed renewal coverage and its in default. But they never sent me a notice. Now I get in a car accident and no one wants to pay. I know i probably should have reviewed my policy, but my fiance company could have informed me I didn’t have proper coverage, especially since they didn’t increase my payments on my vehicle to make sure the car is covered. i just want to know is there anything I can do before I just have them report the car?
May 3rd, 2012 at 6:05 am #Jason

Felicia,
You appear to have rear-ended another car. From what you wrote, you never had liability insurance which protects you from causing injury to others and property damage to property you don’t own.

If you don’t pay the premiums for comprehensive and collision coverage, you don’t have insurance coverage.
May 5th, 2012 at 10:06 am #Carl Johnston

Hi 95 days ago i was hit by someone who was insured by USAA.
3 days after the accident i filed a claim and faxed the police report to USAA. The person who hit my car got arrested on site and USAA says that they sent out a “reservation of rights letter” and claims that they have made multiple other attempts to contact her. I have concern they are giving me the run around. Is there any law that limits how long they have to actually give me an approval of my claim? Would it be wise to file a suit against USAA? They keep on asking me why dont i go through my insurance company i say there just trying to get out of doing there part.
May 5th, 2012 at 11:31 am #Jason

Carl,
A reservation of rights letter is something that is sent to their customer indicating there might not be coverage and that the policy must be adhered to and followed until that determination can be made about coverage.

It might be best if you file with your insurance company.
May 9th, 2012 at 2:28 pm #Glenna Conway

Hello, I live in california and was in a accident that caused damage to car and i have medical issues. I received the check already for the car damages, but i am worried if i cash it then I will void any future personal injury claim…I have a personal injury claim, but waiting to see how much i should be compensated for the suffering…I want to cash the check to fix the car, but not sure if it will void future claims. Do you know anything that can help me decide what to do? Also on the personal injury claim can I pursue items that i may need to help with the pain of my back and neck…like the cost of new mattress. Or is the claim strickly for personal injury and the suffering
May 9th, 2012 at 5:24 pm #Jason

Glenna,
Your damage to your auto payment is completely separate from your injury claim. Cashing that check and using it to fix your car will not affect your injury claim.

Medically necessary things directly related to your accident – not age, wear, and getting old kind of things, and that are directed by a doctor should keep you within the guidelines of your claim.

We can’t really understand why you would need a new mattress when you already have one. If you need a more comfortable mattress, it might just be that your current one is worn out. Mattresses aren’t a medically necessary item in most cases. Maybe if you required to be in a hospital bed for treatment overnight, then that hospital bed is medically necessary.
May 21st, 2012 at 7:35 pm #Kelly H

Hi,

Just wondering if anyone could give me advice. I rearended a guy on motorcycle today. Bike tipped over….helped him up and get the bike to stand. He said he was ok and didn’t want to involve the police. I was surprised……kept asking if he was sure he was okay. Gave him name and number and he gave me the same. Was going to pay for damages ….noticed some cracks on back of bike. My parents are concerned that if I pay without going through insurance he could come back and sue me and then I do not have insurance protection since it was not reported. Is this true? Can anyone give me advice on the best thing to do?

Thanks,

Kelly
May 21st, 2012 at 7:45 pm #Kelly H

sorry for double post….didn’t think it went through first time
May 22nd, 2012 at 7:39 am #Jason

Kelly,
When you have an accident, you use insurance. Why are you letting this guy control the situation? He probably doesn’t have insurance or a license and you are not in this world to protect him from his shortcomings.
May 22nd, 2012 at 6:09 pm #Kelly H

I did report it today. The guy came back with an estimate of nearly 2800 for a bike that is worth about 6800 at best. I found it hard to believe so I told him I had to put it through insurance. He said fine but then called me back and told me if I could give him 1500 his insurance would cover the rest and that he had really good insurance. Does he think I was born yesterday??? What insurance company would agree to this….none I know! Anyway, he has acted suspiciously since not wanting to call police, which I found strange and then, with this latest…..it seems he is up to no good. I am letting my insurance company deal with it. Thanks for the advice.
June 2nd, 2012 at 8:34 am #Sheryl Agner

Father willed trailer & property to children. (Land was pre-marital property so only the trailer had wife’s name on it.) Upon his death, we found that he did not file a second divorce from this wife. They had remarried, then after a few months she abandoned him for the next three years prior to his death. She had signed a Quit Claim deed relinquishing her rights to the property which was filed with Butler County MO courts. Now the trailer house itself has burned down. Bills for funeral are past due, expences and travel costs remain open. I am supposed to be the executor so Vanderbilt Mortgage stated they will send the property dead to the address on file after the home owners insurance has paid off the mortgage owed. Can a Lien be filed against the balance of the money from the insurance claim in order to pay the outstanding debts?
June 7th, 2012 at 8:29 am #mj

What if I made a claim on my floor from water damage, but now I can’t afford the deductable to get my floor fixed because of unexpected medical issuses.
The insurance company already sent a check to the comapny that did the estimate. I never agreed to have this company do the work(it took almost 2 months to get the esimate done) , but the insurance company sent them a check for the repairs with my name and there name on the check.

Shouldn’t the insurance let me know they were sending a check before the sent it? I’m not sure what to do.

Thanks for your help
June 7th, 2012 at 10:53 am #Jason

mj,
The insurance company does that likely because you have a mortgage holder. They can send the check with your name and the contractor’s name, or your name and the mortgage holder’s name.

If you don’t have a mortgage holder, have them cancel the check and send you one in your name only.
June 11th, 2012 at 8:42 pm #Kathy

Hi, i go to dental school in PA and there was recently a fire at the school and my dental instruments/equipment and a few personal items were burnt in the fire (as well as 6 other classmates). When we asked the school what to do about this, their response was to give them a list of everything we lost and they would replace it. Now I am finding out that they are only going to replace the dental items and not the personal items, like my dental loupes (special magnified glasses to do dentistry with) that I purchased outside of the school. My question is, is this allowed? I paid for my equipment in my tuition, so aren’t we entitled to a check in the amount of the items lost, including my personal items? No one will tell us anything and I don’t know what to do. I am just a little aggravated that they are going to give us all the items lost instead of a check. Some of the items I lost, I will probably never need again, and now I will have all this extra stuff again, but no loupes.
June 11th, 2012 at 9:09 pm #Jason

Kathy,
If you have a homeowner or renters policy your personal property is covered anywhere in the world. It it is worth your hassle, and the lost items are above your deductible, you may want to make a homeowner or rental claim for your personal property.
June 18th, 2012 at 3:29 pm #David

Hi I my car just got some hail damage done to it a few days ago that was minor. The adjuster just came and gave an estimate and found 16 small dents all over the car worth $3100.00. He said i would get a check in a couple days made out to me, (he did ask if it was financed but didnt ask with who) and said to take it to whichever shop i wanted to, that it was my option. The estimate he wrote was for sanding, filling and repainting every body panel…the whole car..even though there was only a couple of the panels had only 1 small dent the size of a pea on it, the hood and trunk had several the size of small peas.

My question is..since its a fairly new and expensive car with only small minor dents…can I use a paintless dent repair guy/shop to easily get out the small dent so i can keep my factory paint with the check or do i have to have my car sanded/filled and repainted cause thats what he wrote the est for?? I can get a PDR guy to get them out for around a $1000.00 and be like they were never there AND keep factory paint and not have my car took apart :/
June 18th, 2012 at 3:49 pm #Kari

David-

I always have to laugh a bit when I read posts such as yours- why not just ask what you really want to ask, ” can I have my car fixed for cheaper than the estimate, and pocket the rest with out getting in trouble.” If you can get it fix for less, by all means fix it for less. If your not sure what to do with the balance, try calling the adjuster- I am sure they can let you know.
June 18th, 2012 at 3:51 pm #David

Jason..a follow up question..why can i not just cash the check..assuming its made out to just me…and use it to get a PDR guy to get the dents out? I see where lots of people take the cash and pocket it instead of getting their car fixed. Why could i not do the same but instead of blowing the cash use it to get a better repair done?? Thanks for your time.
June 18th, 2012 at 3:56 pm #Jason

David,
Cash the check, do the repairs you feel are warranted, and then it’s over. You do not have to repair it the way it’s written in the estimate.

I’m sorry Kari is laughing at you. We don’t think that is appropriate.

We hope we answered your question without assuming you were asking about something different.
June 18th, 2012 at 4:09 pm #David

Kari thx for the reply. I wasn’t concerned really if the PDR was cheaper or not but was a better repair in my case. I was concerned about HOW to get it repaired as he wrote it as a conventional repair and wanted to know if I HAD to get a conventional repair done or as he said take it to any shop did that mean a PDR place too?? Sorry I’m dumb on the insurance subject lol 😉
June 18th, 2012 at 4:15 pm #David

Thank you Jason, I’m going to take your advice, great work you do here imo thanks again. I did not take offense to what Kari said, she just didn’t understand what I was talking about or I didn’t make it clear.
🙂
June 19th, 2012 at 10:54 am #Sara

Hello,
While driving a friend of mines car I backed into a car that was parked illegally, and we agreed that instead of claiming it on insurance, since I wasnt driving my car, that we could take the dented car to a body shop. Now this person is telling me I need to give her 3000 dollars to fix her car. I was told by a person that I have a right to get 3 different quotes on the car, and was only required to pay the lowest amount that was quoted. Is this true?
June 19th, 2012 at 11:12 am #Jason

Sarah,
No that is not true. That is one method used to determine the damage. If a car was backed into, the damage is generally not that great to repair. Have that person turn it into their insurance and you turn it into your insurance and let the insurance companies work it out. Or simply ignore the situation if there wasn’t a police report. You have a number of options and you should select the on that is right for you.
June 22nd, 2012 at 3:36 pm #Derrick

My 2010 truck was damaged by a construction company ho dropped a beam on it while it was outside my place of work. The damage so far is at 7500. Although the damage is being fixed, the truck has depreciated in value. Is there a way to recoup this depreciation. As we were in the process of trying the sell the truck as ads will testify to.
Oh we are in BC, Canada
Thanks
June 22nd, 2012 at 3:42 pm #Derrick

Our truck was damaged by a construction company that dropped a beam on it while it was parked outside of my wifes work. The damage so far is at 7500 dollars. Although the damage is being fixed the truck has depreciated in value for resale significantly. The truck has been listed for sale before this happened.
We are in BC Canada. Can we sue for depreciation?
Thanks
June 22nd, 2012 at 5:10 pm #Jason

Derrick,
Bring up your concerns to the person settling your claim. We don’t know if any territories in Canada recognize diminished value claims. It is a difficult process and burden to prove diminished value in some of the states that recognize the diminished value concept in the US.

You indicate the value of your truck decreased significantly. In order to sue and be successful you have prove that the truck decreased in value and what amount that decrease is. That’s not an easy proposition.
June 23rd, 2012 at 10:03 pm #Casey

i was in an accident. i was rear ended by a texting driver. at the time i was a little over a month behind on the car payments. the accident caused nerve damage to my back. I have an attorney. The car was repossessed and the ladies insurance had not issued a check to repair the car yet. my financial company said if I do not have the entire amount 14,500 to pay the entire car off I cannot get it back. then they filed a claim for the damages to the vehicle under my insurance knowing that a claim was already opened and I was not at fault. Is this legal for them to file a claim with my insurance when there is already a claim open with the ladies insurance company that hit me? The texting and drivers insurance company knows she was at fault and has no problem as far as paying the for the repairs. I had already had a body shop give me an estimate. My financial company is being very very difficult and wouldn’t even tell me where the car was taken to so that I could get my personal things out. They finally did tell me where. Before the car was taken I asked them to let me defer a payment and they wouldn’t then I asked to change the billing date and they wouldn’t. They would not work with me at all! Now I am unable to work because of the accident. The day it was taken the lady from my financial company block me in so that I couldn’t leave. I was literally coming out of the house to go make a payment i told her that I told her she could follow me there if she didn’t trust me and she wouldn’t. She kept me blocked in until the tow truck got here. Is there anything I could charge them with for trapping me there and not letting me leave and then filing an additional claim for damages to the car knowing there was a claim open?
June 24th, 2012 at 9:19 am #Jason

Casey,
You were well over a month late in your payment. In fact, you were so far behind in your payments that the lending company got a replevin action against you so they could repossess the vehicle. This doesn’t happen in a little over a month. It takes several months.

Yes, it is legal for your lending institution to make a claim on the car of which they are listed as the lien holder. In fact, when they repossessed it, they became the sole owner of the car and you were removed from any ownership position in the vehicle.

It is difficult to accept that you were going to make a payment when the financial lady visited you before your car was taken. If you were going to make a payment, why didn’t you just hand it over to her?

It is also very difficult to believe your statement that you are unable to work because of this accident. Nerve damage to your back from a rear end accident isn’t even a good injury to claim because your entire back was completely against the upright of your seat during impact. Are you asserting you have nerve damage in your back because your back was pressed into a soft seat back at the point of collision?

You were not trapped, the car was and when the financial company has the court’s blessing to take the car, they can do whatever they legally want when picking it up. Now, if they trapped you, that would be a different story but they didn’t. You were never deprived of your freedom or your ability to walk or move in any direction by them.

You could charge them with “conducting business in a normal and reasonable way” because that is what they were doing concerning your breach of the loan agreement.

Given the information in your post, you were well over 3 months late in your payments, you were not going to make a payment when your car was repossessed, your injury is fabricated, and your post has almost nothing to do with insurance.
June 24th, 2012 at 3:58 pm #Casey

I wasnt well over a month late. how are you going to tell me I was well over three months late? I know how late I was! my injury is real and I have xrays to prove it! f… you seriously your a f…ign jerk and you have no clue what you are talking about.
June 24th, 2012 at 3:59 pm #Casey

I was going to pick the freaking money you dumb ass. dont f…ing get on here a doubt me when i’m being honesty i had a check book in my hand i could have wrote her a check then I would just had to deposit the money into the account because my dad was giving me the cash to help me.
June 24th, 2012 at 4:44 pm #Jason

Casey,
Because we people that know about repossessions know when they happen. Yes, you were months behind in your payment. That is how repossessions work. You may know how late in payments you were but you provided misleading information on here.

Your injury that you allege, if nerve damage, doesn’t show up on x-rays. In fact nerve damage doesn’t show up on anything – not even cat scans.

You should have asked your dad for some financial help before the court date so this would not have happened. The good thing is that your dad doesn’t have to give you any money now.
June 25th, 2012 at 11:53 pm #kirstie

my car was broken into about two weeks ago and my friends laptop was stolen but none of my items were taken. since i am currently a student and under my parents insurance policy, i am hesitant to make a claim in case our premium will go up. is it possible for my friend to file a claim under her own homeowners insurance even if her laptop was stolen out of my car?
June 26th, 2012 at 8:09 am #Jason

Kirstie,
Personal property is covered any place in the world. The laptop being in your car has nothing to do with whose insurance you should consider in order to file a claim. The only insurance it could be covered with is your friend’s homeowners policy, not your parent’s policy.
June 26th, 2012 at 10:19 am #SP

we have hail damage to our vehicles. we took our cars to the insurance adjuster and they wrote us a check for the damages to one of the vehicles because we no longer have lien on the vehicle. we finally got our car into the shop to see about the damages and they said there is more damage then the original estimate. they wrote a supplement invoice for the insurance company and they approved it however the insurance company will not issue the check to us, only to the body shop. why is that? one person we spoke with from the insurance company told us that they will issue the check to us however if there is hail damage to the car again and we did not fix originally, we can’t claim. i just don’t understand if there is not a lien on the car, why they won’t issue the entire amount for the damages?
June 26th, 2012 at 1:39 pm #Jason

SP,
Just have your car fixed and this shouldn’t be an issue whether the funds flow through you or not.
July 3rd, 2012 at 5:24 pm #Dan

I have a weird question. I am on vacation and we had a bad storm back home. My pole shed was blown over and alot of my stuff has damage. I already talked to the insurance company and its all fine. Now I find out that the front door to the shop witch is still standing got kicked in. Not sure if this happened before or after the storm. There is alot of damage and big items missing. Is this 2 different claims one for storm damage and one for theft or is it all one claim? I have $50000 in coverage but there is that in damaged property and close to that missing so was wondering if I can file 2 claims. That and it is all still open and the neighbor kids are going through it all. I wont be home for a couple days yet to take care of anything.
July 3rd, 2012 at 6:29 pm #Jason

Dan,

Storm activity is a natural occurrence and buglary/theft is not. These two losses are not directly and/or continuously related.

If you don’t know when the door was kicked in, did the kicked-in door and theft cause the pole shed to blow over?

On the contrary, did the storm cause an otherwise undamaged and locked building (door had to be kicked in to enter) to be broken and things taken.

These are 2 completely and separate incidents.
July 13th, 2012 at 11:41 am #Jeff

Recently my apartment was flooded twice and I’ve discovered that it was attributable to rodents chewing through the fire extinguisher piping and bursting the piping causing the flooding. I’ve recently moved from the apartment. The 2nd time the flooding occurred I faced approximately $12,000 damage. I have renters insurance and they covered a portion less my deductible. Now there’s still over $3,400 that they will not release because I have replacement value rider on my insurance and they’re demanding that I replace the assets before they’ll release the difference. I’m in Texas.

My two questions are a) is there an appeal process I can use to force the insurance agency to release these funds and/or b) can I sue the landlord in small claims since this was directly attributable to their building.

Frustrated…..

Jeff
July 13th, 2012 at 1:12 pm #Jason

Jeff,
You would have more success suing the mice that chewed through the pipe. Your landlord has to be negligent and it’s very likely he did not instruct those mice to chew through the pipe to cause the water damage.

If you have followed all the requirements for the insurance company such as replacing the damaged items and providing them with proof in the form or receipts or invoices, they should release the amount owed.
July 23rd, 2012 at 5:04 pm #Jose E Bonito

Hi

On May 31, 2012, in Florida, I had a hit and run were I hit a divider and my car was estimated in $3,200. The insurance paid for it, minos the $500 deductible and the car was repaired
As a consequence of the accident I went into treatment, physical therapy, for 3 weeks
The insurance sent me to a doctor, which in general terms concurred with the initial diagnostic
Now a lw firm retained by the insurance company has sent a letter to show up in their ofice for a full day interview and asking for more than 5 years of IRS returns, records of all the phone I use form a month before the accident, among a lot of other things
I don’t know what to do, if do not show up, or retain an attorney, that will cost me money
Please advice
July 24th, 2012 at 6:49 am #Jason

Jose,
You have 3 choices: 1. Go alone to the interview with the information they requested, 2. Go to the interview with an attorney with the information they requested, or 3. Don’t go.

We can’t decide for you. What is probably going on is that they find inconsistencies with your injuries and the accident and want to know if they should be paying medical payments for this. But that is only our guess.
July 24th, 2012 at 9:07 pm #Von

Hello,
My mothers car was hit. The guy who hit the car knew he was in the wrong. My mother insurance and the guy’s insurance told my mom her car was totaled and they will give her $3000.00 for the car. The car is drivable and she wants her truck fixed. Can she sue both insurance companies to get her car fixed?
July 25th, 2012 at 6:30 pm #Melanie

My mother-in-law died in a fire she had renters insurance, the company has processed the check, but will only issue to her estate she has none. Please advise how we can get around opening an estate probate?
July 30th, 2012 at 9:26 am #Jason

Von,
Nope, the car is totaled and that is how insurance works.

Melanie,
You can’t get around probate. The court will handle it from this point forward.
August 11th, 2012 at 7:51 am #Joe

Hello,

I live in Arizona. I co-owned a vehicle with another party. I insured this vehicle on my auto policy. I am the only named insured on this policy. The vehicle was totaled. The insurance company sent the $7,200 check to the other party, who spent the money. I called the insurance company and they said they could pay anyone that they want to settle the loss and paid him because we were both listed on the “or” title. I don’t think this is right because the policy is in my name only and I told the insurance company that I was the person who purchased the vehicle when the claim was filed. What can I do if anything.
August 11th, 2012 at 9:09 am #Jason

Joe,
Probably nothing. The insurance company is technically correct and since they paid, their obligation is fulfilled.

You might want to ask for some funds from this other person which would probably be a waste of time.
August 21st, 2012 at 10:36 pm #Stephen S.

Funny. The story above is similar to my own in a couple ways…We purchased a vehicle from my mother-in-law a few months ago. My wife (and I think I) were listed on the Insurance policy, and we have the title, in my wife’s name only. We just moved to Iowa, and a tree fell on and totaled the car. The insurance company wants to make the (all too small) settlement check payable to my wife AND mother-in-law. The problem is that we left Arizona primarily because of her mom, and there is no way that she would ever give that money to us. The car is exclusively titled to my wife, and her mother was never once an owner of that vehicle.
At this time, there has been no check written, but the insurer (former, now) seems to be insistent that they do it that way. Please tell me I can make them stop! (and how.)

Thank you.
August 22nd, 2012 at 8:08 am #Jason

Stephen,
We cannot provide information when you supply conflicting information. First you say your wife and you purchased a vehicle from your mother-in-law.

Then you said your mother-in-law was never once an owner of that vehicle.

We won’t try to decipher this until we know the information we are dealing with is clearer. Also, you might want to find out who is listed as the insureds on the policy. You said you think your wife and you are, but it’s likely it’s your wife and your mother-in-law.
August 22nd, 2012 at 8:19 am #Stephen S.

Sorry, I was tired. We purchased the vehicle from the mother-in-law’s husband…As for the policy, both my wife and her mother were on it. Hope that clears it up…There were no excluded drivers.

Stephen S.
August 22nd, 2012 at 8:57 am #Jason

Stephen,
There is your answer – Your policy is in the name of your wife and mother-in-law. The people that are named as the policy holders of the vehicle are the ones that receive the settlement when it’s totaled.

Your MIL doesn’t need to give you the money, she just needs to endorse the check so your wife can then cash it.
August 26th, 2012 at 9:24 am #Amanda

My son and I were temporarilly living with my mother when her house flooded a few months back. My son and I lost everything, and my mother claimed all of it on her insurance. She is now refusing to replace any of our things or relinquish any of the money that the insurance has given her for them. Do I have any legal claim to the money that she made off of us?
August 26th, 2012 at 6:18 pm #Jason

Amanda,
You probably don’t have a legal claim for any of the money. It would seem your mother would a have ittle more decency though.
August 29th, 2012 at 9:39 am #Jerry

Our home was broken into in June and they stole everything of value. The insurance company finally after months of investigation and delays they finally are paying. The wierd thing is, that they are asking that we send them the receipts of everything that we buy to replace the items that were stolen. And that they will require us to send them the money back that was not used to replace the items. Some of the items that were stolen was equipment that I no longer need or have use for. I feel it is my choice to decide what items that I purchase and what Items that I do not. The fact is that someone stole things from my house, whether or not they were usefull to me is none of the insurance companies business . Is this lawful or is it a trick that they have come up with. I have never heard of this before.
August 29th, 2012 at 8:02 pm #Jason

Jerry,
Your insurance company pays you the ACV (actual cash value) of items stolen or damaged.

The items that you choose to replace (if you have replacement coverage which you probably do) can be replaced and the difference between what they paid you (ACV) and the replacement cost of the item can be claimed based on submitting receipts as you purchase those items.

Most policies have a period of 6 months that you have to replace those items and to claim what was withheld. That amount is called called recoverable depreciation and is really a secondary claim on you part.

This is a common practice in the insurance industry. If you have further questions, simply ask.
August 31st, 2012 at 8:04 am #lauri

HI,
I am wondering if these could be used in 3rd party settlements/litigation.
I was hit by a 16 year old 2 1/2 yrs ago and he was cited for failure to yeild. Long story short 2 1/2 years in pain have now become nerve damage on my left side including ulnar nerve that needs transposing and 3 herniated disc, one is pressing on my spinal column and I will be having cortizone before having surgery. I guess they are waiting till I am in a wheelchair?

Their client did this and I am almost bed ridden all th time and they refuse to settle this out. Do you think they want to goto trial where they would lose??
August 31st, 2012 at 10:24 am #Jason

Lauri,
It’s surprising that the insurance company has not presented you with an offer or offers to settle this.

We don’t know what the insurance company wants to do. Trial does not necessarily mean they will lose – nor does it necessarily mean you will win.
August 31st, 2012 at 10:42 am #lauri

they did. and Yes I do have an attorney. He is great but this is allstate we are fighting with.

The last offer was 25000.00 but the policy is only 50000.00. I swear, while I suffer every day they act as thoughit is a million bucks they are holding on too.

Now I will have about 28000.00 in med bills with the cortisone in the cervical disc and they will still act as though I am faking. You think they will settle once that is done??
August 31st, 2012 at 10:46 am #lauri

Plus they wont even reimburse me for flying to seattle,WA. (WE MOVED LAST YR) for their damn deposition they had me be there for.
August 31st, 2012 at 11:11 am #Jason

Laurie,
Your attorney probably advised you not to discuss your case without him being involved. That would likely mean in chat forums too.

We don’t know all the details of the accident or injury and the insurance company would owe what is related to the accident and not because of those things that happen because the body gets older and ages and things stop working or get worn out.

We don’t know when they will settle. If you accept what they are offering, it could be settled immediately.

As for the travel expense to get to the deposition, you had a choice not to go to that and then you would not have incurred the expense. They can’t force you to go to a deposition.
September 5th, 2012 at 10:17 pm #Joan Gaston

My daughter was rear ended. The 15 yr old kid ( his mother was with him) who hit my daughter has admitted total fault. My daughters car was pronounced “totaled.” My daughter then took the title to the insurance company, handed over the title and they cut her a check for 7,800.00. She deposited the check, and a few days later when the check cleared went to the bank and withdrew the money to buy another car. She found another car, paid the cash to the seller and now three days later she is overdrawn her bank acct. 3,000 something dollars! The bank said that the insurance check was pending return. How can this be and why only PART of the amount? And why is my daughter not notified about this and finds out only after trying to use her debit card and it is declined?
September 6th, 2012 at 7:18 am #Jason

Joan,
Clearly this sounds like a banking issue, not an insurance issue. We don’t know what “pending return” means.

You do realize that debit cards are issued by the bank not the insurance company.
September 6th, 2012 at 9:15 am #Joan Gaston

Hi Jason
Yes, I understand the debit card is issued by the bank. And Jason, you are correct. As my daughter has given me an update. Apparently the check from the insurance company had not cleared, but the teller at Wells Fargo went ahead and gave my daughter her money anyway! So now they have found their mistake and since the check still has not cleared they drained my daughters account. This is another example of the bank doing what ever they want. What I was saying is why can’t the bank notify someone when their bank acct is going to be drained and to give them an explanation. She found all this out when her debit card was declined. So as far as I see the bank screwed up by giving out the cash when the check had not cleared. Correct? And how is this resolved asap as the bank made the mistake? She has NO money! I will also say that my daughter is closing her acct. with the aforementioned bank as soon as this is cleared up.
September 6th, 2012 at 9:22 am #Jason

Joan,
It appears the bank allows a portion of the money from a check to be available until the check actually clears and they physically get the money.

We don’t know all the arrangements concerning the bank and that is not a topic we discuss on an insurance forum.

I personally use a credit union instead of banks and my relationship with my credit union allows all check funds to be available immediately and does not require the checks to clear first. That is how it should be done.
September 7th, 2012 at 1:39 am #Dell

Hi Jason,
I was involved in a 3 car accident where I was rear ended at the front. I got a check from the insurance of the one responsible (rear car) and deposited it into the bank. They then call me later that day and say i need to return the check and go to my own insurance company to get it readjusted because the damage to the middle car exceeds the limit that the person at fault is covered. They said they could just let me have the check and negotiate it with my insurance company. So i call my own insurance company, they check out my car and also issue a check for an even larger amount. So now i have 2 checks. What would be your legal opinion of what I should do.
September 7th, 2012 at 6:50 am #Jason

Dell,
If the first part of your post, you said the other person’s insurance company told you that they need you to return the check to them and file through your insurance. It seems those are pretty simple instructions. You seem to have filed through your insurance company, but the other part of the instructions were not followed.

What you should do is so evident that it doesn’t even need to be spelled out.
September 23rd, 2012 at 8:15 pm #Aiesha Cummins

Hello Jason,

I recently received a car as a gift and six weeks later we suspect an angry ex employee set it on fire in the parking lot of my job. My car has been purchased at auctions for about 25 grand, but I owe 36 grand because of the vehicle I traded in. Well it burned through under the hood and there is a lot of melted under and some other stuff came out the bottom of the car, can the insurance company try to fix this, and make me drive around in something that I would not be comfortable driving?
September 23rd, 2012 at 8:33 pm #Aiesha Cummins

Also how long can they take to resolve this matter?
September 24th, 2012 at 7:47 am #Jason

Aiesha,
If you received this car as a gift, why would you owe any money on it?

Owing $10,000 more for the car will require the insurance company to determine if you set fire to the car. We don’t know why you suspect an angry ex-employee did this.

The decision to total will be made comparing the cost of repair to the value of the vehicle. We don’t know how much damage was done by the fire and smoke. And we don’t know how long this will take.
September 26th, 2012 at 5:07 pm #Mike

First of all, thank you for providing this forum.

Here is my situation:

My car is blue book valued at around 7000. I still owe 4300. I filed an insurance claim due to hail damage and the adjuster came out earlier today and proposed a settlement for 3500 after deductible. The insurance company said that for settlements over 3000, checks can only be issued to either me and the repair shop, or me and the lien holder.
I brought the vehicle in to a body shop to get an estimate and they said it was determined a total loss with damages estimated at 7000.
The insurance company does not have this repair shop estimate yet and again, the adjuster didnt initially assess the vehicle damage at total loss but offered 3500 to settle. I haven’t accepted yet.

The lien holder told us that if the check is written out to me and them, they would apply it towards what we owe, and so, we would get no money back in return. Or we could show the lien holder proof that we fixed the vehicle, and keep the check or difference. (except there would be no difference, since repair shop est is 7000!!!!)

Honestly, at this point, I don’t want to even repair the vehicle, I just want the check. My question is a) is there any way to get the insurance to resettle except this time for less than 3000 so that they can just write ME the check, and if not then b) how can I keep the check or at least get some money out of this (of course, I will continue to make my monthly car payments)

I hope this all made sense. I apologize for the length of the question, but I really am beginning to feel hopeless right now. Thanks again sir
September 26th, 2012 at 6:32 pm #Jason

Mike,
The $7000 seems like a lot even if they replace a lot of the metal on the car and then repaint the entire car.

You should have the check written out to you and the lien holder and send the money to them. If you really need cash, then get another loan against the car and continue to make payments until that other loan is paid off. To us that doesn’t really make sense. Just get the money and get your loan paid down.

However, you could use that $7000 estimate, or another one and send that to the insurance company and tell your insurance company you want your claim based off the higher estimate and then ask them to send the check to you with your name and the lien holder on it. That way, if you get more than $4300, the lien holder will send you the excess. (The $7000 estimate may be to difficult to have the insurance company accept – perhaps one around $5000 would be more reasonable.)

Since you don’t care about the repairs, time is on your side and the insurance company will want to get this settled so they it can be closed and they can move onto other claims that need more attention.
September 26th, 2012 at 7:42 pm #Mike

Thanks for the timely response.
Just to be clear though, how exactly would I get another loan on the car? You mean pay the lien holder the settlement check and then ask them for another loan?
Also, if the insurance settles on a total loss, dont they then keep the vehicle?
Appreciate your help
September 26th, 2012 at 9:08 pm #Jason

Mike,
If it was a total loss, the insurance company would take possession of your car. Generally that happens when the damage of your vehicle is 80% or more of your vehicles value. We don’t think your situation applies since it is all cosmetic.

Yes, just get another loan on the vehicle but that is not really related to the subject of insurance and we don’t see how that would benefit you at all.
September 26th, 2012 at 10:40 pm #Mike

Jason,
I’m a broke college student and I need cash!
Thats why I filed the claim in the first place I dont really have a problem driving around with the dents on my car. From a legal sense maybe I shouldnt admit that. at this point im just trying to figure out how I could simply keep the check money, and if I can’t, what I should do. pushing for a total loss doesnt seem such a good idea since that would have me out looking for a new car (after paying off the loan thatd leave maybe a grand or so and carless no thanks )

*pretty much every panel, fender, hood, roof, all have distinctive hail hits and im guessing replacing those, with labor, could reasonably total loss the vehicle. its also likely the body shop is overcharging
October 5th, 2012 at 4:11 am #andrew mitchell

Hello i live in new york state well my truck was parked out side my house when a drunk driver stuck it at 230 in the am. He was arrested right after he hit my truck. Come to find out it is his company vehicle that he hit me with the insurance on the vehicle says they will not cover the damages due to he did not have permission to drive in that area at that time with the company vehicle. I thought this is why they have insurance on vehicle for this kind of stuff any suggestions would be great !!
October 5th, 2012 at 8:32 am #Jason

Andrew,
You can file thorough your own collision coverage if you have physical damage coverage, you can sue the driver personally for the damage to your truck, or you can do nothing.
October 5th, 2012 at 2:38 pm #andrew mitchell

i dont want to sue its only like $1600 worth of damages and i dont really want to pay my deductable for $500 i just dont understand why they wont cover it
October 5th, 2012 at 4:15 pm #Jason

Andrew,
The concept is simple. The business insurance covers liability for business related activities of their employees. It does not cover the liability of those same people in their personal lives.
October 8th, 2012 at 8:20 am #Deana

I live in the State of NH , I had a home fire in which we lost everything. This is a manufactured home, I have insurance which is replacement Insurance and with the policy I recieved a copy each year of a RSA 407:11 . I hadnt noticed it until the other day , when I was once again racking my brain trying to wrap my head around Insurance Information.

My delima is this , The Insurance Co called us and told us they were sending a check out for approx 25% of our Insurance Policy.

What can I do?
October 8th, 2012 at 9:17 am #Jason

Deana,
You are referring to the valued policy laws in your state in reference to RSA 407.11. Talk to your insurance representative about this and why they are not applying this part of the law to your claim.
October 8th, 2012 at 9:26 am #Deana

They are very difficult to talk with , rarely return phone calls, I have contacted a PA and hope that he can help, I am just wondering if this RSA holds value for me, I would have never thought to look into that unless I stumbled across it , stapled with my Insurance Policy itself , from the Insurance Company.

Its just frustrating
October 8th, 2012 at 9:55 am #Jason

Deana,
If they rarely return phone calls, you have to make the initiative to call them more often so you can speak with your claim adjuster or the claims manager.

If you hire a PA, you can expect to pay that person 20% of your claim total. Bringing this to the attention of your insurance company should be all you need to do.
October 8th, 2012 at 11:23 am #Deana

Why wouldnt they already know that , are they just hoping we didnt notice or research?

I am sorry to sound Ignorant , but is it as easy as just saying to them. “You should probably take another look at the policy you issued to me , and have continued to issue for years. I have Replacement Cost and NH RSA 407:11 Valued Policy Law should be followed”?
October 8th, 2012 at 12:08 pm #Jason

Deana,
We don’t know the specifics of every claim. We also don’t know the usage of your building that was destroyed. We don’t know if it was totaled. We don’t know a lot of information and without knowing all that information, we can only provide responses based on what we know. Not all buildings apply to that state law you referenced and for us to say that your property does would be provided reckless information.

Instead of posting on here, we suggest you call them until you can get this figured out. We cannot do anything for you except let you know what you should be doing about it.
October 8th, 2012 at 1:34 pm #Deana

Sorry to bother you.
October 10th, 2012 at 9:37 am #Brian

I co-own a trailer with another person and it’s registered/licensed in both our names (and). This person was pulling trailer when it was struck by another vehicle. Other vehicle’s insurance comany paid a large claim just for the trailer damage to our trailer. Insurance paid ONLY the other person. My name wasn’t on the check (I had to get copies from the insurance company that paid out). The other person on the title cashed the check and kept the money. Now I own 1/2 of a damaged trailer. What action should I take and with who? Shouldn’t the insurance company be responsible for not including me on the check?
October 10th, 2012 at 9:41 am #Jason

Brian,
It’s not the owner or owners that are the focus of the insurance company, it’s the person or persons who insure the trailer. We would assume because you didn’t include information about who the named insured is, that you are not the named insured.
October 10th, 2012 at 9:59 am #Brian

Thanks for the response Jason.
The trailer is NOT insured and is not legally required to be insured in the state of California. When a trailer is being pulled, it is insured by the vehicle pulling the trailer. That said, the insurance company of the vehicle that was pulling the trailer was not involved in any way.
The person driving the truck that hit “our” trailer was insured. His insurance company paid out for the damages to the trailer. The problem lies in the fact that they paid the “co-owner” of the trailer and didn’t include my name on the check. This allowed the “co-owner” of the trailer to cash the check, keep the money, and not fix the trailer that I legally own 50% of. Also, the names are listed on the title as me “and” the co-owner, not me “or” the co-owner.
October 10th, 2012 at 11:13 am #Jason

Brian,
The other driver’s insurance company paid for the loss. That is their obligation. They are now out of the picture.

Simply have the other owner of the trailer get it fixed or pay you half of the damage amount. That is the only thing that can be done since this is no longer an insurance issue – it’s an issue between the owners.
October 10th, 2012 at 11:17 am #Jason

Brian,
An addition to that last post is that it appears the other half-owner made a claim for the entire trailer. You needed to make a claim on your behalf to give the insurance company notice of your interest in the trailer. There is nothing you can do about the insurance company issuing the entire check to the person who made the claim. That insurance company acted in good faith with the claims they had in front of them for that trailer. This remains an issue with the owners working out the details of ownership.
October 12th, 2012 at 9:45 am #Lonnie Burr

We have leased a motorhome from a person for 5 years. We have been making his payments to his bank. We tried to get in touch with him about 3 years ago. We found out that he has left the country. We had hail damage to the motoehome in May. We carry the insurance on the motorhome. Now the insurance company will not give us and the bank the insurance check to get it fixed. The insurance company now is saying they have to write the check out to the owner and the bank. Is there anything we can do.
We have tried to get in touch with the owner but he can’t be found.

Lonnie
October 12th, 2012 at 10:18 am #Jason

Lonnie,
Now that the insurance company is aware the motorhome is not owned by you, you have no insurable interest in the motorhome and payment of a claim to you is not appropriate. You will need to find the owner and get the owner involved if you want to see anything get done.
October 18th, 2012 at 5:52 pm #Jennifer

Scoured the internet and unable to find anything on my dilema, hoping you can help. Or problem really isn’t with our insurance company, nor our mortgage holder, it’s with our contractor.

We had a fire the end of July that destroyed our garage and damaged our home. The insurance company paid us within days for the garage and suggested a contractor to repair our home whom we went with. The insurance company agreed to the contractor’s estimate, which was grossly overbid, and sent a check made out to us, the bank (our mortgage holder), and the contractor. On this estimate were rooms being repaired that were not touched, multiple things being done that were not, things being replaced, etc. Only about 50% of the work on that estimate was done and the contractor is telling us he’s wrapping it up and wants his check in full. We pointed out that he only earned half the money. His response to us is that after we release the money to him, he will then reimburse our insurance company for the monies he didn’t use.
Have you ever heard of this? He didn’t even finish the work…. aren’t we entitled to hire someone to finish and pay them the balance of the payment from insurance? If there’s anything left over, aren’t WE entitled to that money?
Help….. I meet with this crook next Tuesday to settle up. Thank You!!!
October 18th, 2012 at 7:40 pm #Jason

Jennifer,
Talk to you insurance company about your situation. We don’t get into issues with contractors.
October 19th, 2012 at 7:17 pm #Susan

I had a water damage claim and I signed a contract with a contractor that basically said that all the money paid by the insurance company for the repairs to my home would be signed over completely to the contractor. When the insurance company finally paid with a check made out to me and the contractor, I endorsed it and gave it to the contractor per the contract. Then he began the repairs. Within the first week after the disaster, the contractor moved most of my furniture and belongings to his warehouse. When the repairs were finally completed, the contractor moved my belongings back and I immediately advised him of damage to several pieces of my furniture. His office advised me that the contractor would schedule a final walk through and at that time would give me information regarding how the damages to my furniture would be handled. It has been more than a month and when I have requested this final walk through, the office has told me that the contractor is out of town or not available and they will get back with me later. They have not contacted me now for several weeks and my furniture is still not repaired and I have not received any indication from the contractor on how he plans to address this issue. Prior to the completion of the construction repairs, the workmen just left the job and refused to return. I called the insurance company at that point to inquire about what I should do since the insurance company had paid the contractor for work that was not being completed. The insurance company called the contractor and told him that he need to furnish me with a certificate of work completion that would require my signature. A week after that phone call, the contractor sent the workmen to complete the remainder of the work; however, he has not done the final walk through to address the repairs of the furniture that was damaged when he moved it to his warehouse. What do you advise that I do at this time?
October 19th, 2012 at 7:37 pm #Jason

Susan,
We don’t deal with contractor issues. That is the summary of your problems. You gave this contractor way too much power by signing the check over to the contractor. In hind sight, you should have given the unsigned check to the contractor and told him you would sign it over to him when his work was completed.

The insurance company did everything they were supposed to do.
October 25th, 2012 at 10:35 am #Kelly

My boyfriend was hit by a car on his motorcycle in August of this year and the medical bills have been coming in non stop. I told him he needs to send these into his insurance provider since he is looking to press charges against the gentleman that hit him. His parents are telling him not to send anything to the insurance company, but only to the lawyer (mind you he has not formally pressed charges at this time) am I crazy, or does he need to get that paperwork to his insurance ASAP so they will pay what they cover under his insurance? The remaining balance can be pushed insurance of the person who hit him. I just dont want him to wait so long until his insurance will not pay, snooze you lose kind of scenerio.
October 25th, 2012 at 11:08 am #Jason

Kelly,
If he has medical coverage insurance, he should send his medical bills there for coverage.

His parent’s information should be disregarded in its entirely because they are providing information without a basis.

If your b.f. is going to get an attorney, he should do so right now so he has someone who knows what they are talking about that can guide him through this.
November 12th, 2012 at 3:08 pm #Lajoi

Hello,
I was in a accident a year ago to be exact. I was cut off the road and hit a pole. I only had liability insurance. I had passengers in the car. We were all really hurt. A friend picked us up before the police came and took us home. This happened on a Friday evening. That following Monday I called my insurance co and file an accident claim. My passengers decided to file a claim against my insurance co for personal injuries with an attorneys help. Its been a whole year and their case has not settled. Now all of a sudden a have received a message from my insurance co to call them. They do not believe after a year that the accident was real and need to talk to me. I guess they are trying not to settle out payments. My car was totalled, I still do now own a car since that happened. Should I call them back, why would they want to talk to me after a year? Strange.
November 14th, 2012 at 4:49 pm #Jason

Lajoi,
Yes, you should call them back. If you want to find out why they are calling you after a year, you will need to call and find out. They are your insurance company and they provide you insurance coverage and legal protection for injuries you cause by your negligent driving. They are not the enemy, so call them.
December 1st, 2012 at 8:24 am #Eddie

My mother has been paying for 38 years on a $10,000 life insurance policy from a major carrier. She has paid in a bit more than $13,500. I took the policy and a copy of a Durable Power of Attorney allowing me to deal on her behalf to an independant insurance office to ask a few questions. The agent that came to the lobby to speak with me said it was a Federal Law that prohibits servicing a policy he didn’t write and he would not even look at the policy. Rudness aside, was he right? All I asked him to do was to tell me if there was a cash value and how much it might be. There are cash surrender tables attached but they don’t go as high as 38 years. I was told that these tables were inserted in all policies even if they didn’t apply to a certain policy. The guy was a jerk, real attitude. I can overlook that, his problem not mine, just want to know why a company can’t service a policy written by another agent who most surely is retired or dead.
December 1st, 2012 at 3:20 pm #Jason

Eddie,
Apparently you want to find out more about the policy, coverage, and benefits. The agent you talked to is correct about his relationship with the insurance company. His relationship concerns any and all customers he has previously and currently connected to the insurance company and customers can only go through the specific agent that has the agent/insurance company/customer relationship.

You mention your mother’s original agent. How insurance works is that the agency relationship remains with the original insurance agent. If this agent has retired or is deceased, that agency relationship can be transferred to another agent and that would then allow you to discuss the policy with that new agent who now has the agency relationship with the insurance company.

Your best bet to find cash surrenders figures is to talk to the insurance company directly because the contractual insurance relationship has always been there between your mother and the insurance company.
December 20th, 2012 at 4:52 pm #J. Thomas

I was involved in auto accident 11/21/12. My car was damaged $10,000 and is being fixed through my insurance. Just saw a report on NBC news today saying Toyota has a “POOR” crash report involving the front quarter panel not holding up. Can I sue Toyota for building a poor part of the car? A person crashed into the car new to me at a light. My quarter panel had to be replaced 3 times before finding one that fits correctly. I am leary about being protected in the future.
December 20th, 2012 at 5:51 pm #Jason

J. Thomas,
There are no front quarter panels on a car. Quarter panels are the rear corners of a car. The front metal items are called fenders.

It seems that since you have a correctly fitting metal panel now, there are no more concerns you should have.
December 28th, 2012 at 11:30 am #Patrick

My wife was dirving my car that only has liability and a car backed into her at the bank. The progressive adjuster for the other car said they would pick up half of the repair. The amount they are puting on the estimate is 750.00 (so 375.00 to us), though two other body shops gave us estimates in writing from 1675.00-2,000.00. They said they are only willing to pay us 375.00. The body shops say they cant do that, but to get the full amount I need to have the wotk done by them. The problem is, I don’t have an extra 1,000.00 to pay my half right now and Progressive says I have to accept the 375.00 right now or i lose the whole deal.
December 28th, 2012 at 12:31 pm #Jason

Patrick,
Did your wife have any fault in this accident? How does your estimates of $1675-2000 compare to the estimate Progressive is basing the damage upon?
December 28th, 2012 at 4:26 pm #Patrick

She didn’t have any fault, but progressive says that they are placing 50/50 blame on it anyway. They say that is how they do it. The difference in the estimates is dramatic. They (Progressive) say repair ($745.00), but the parts are shattered and broken, so need replacement, so the other bids are replacing the parts (labor and materials 1675-2,000.00) and touching it up. They say there is no repair. When I spoke to Holmes Body Shop (one of the estimates), they said Progressive told them they would only consider more upon proof on teardown, but Holmes is requiring me to sign to pay the difference.
Since I called my insurance (Liberty Mutual), they say Progressive made the 50/50 determination on their own.
December 28th, 2012 at 5:45 pm #Patrick

Progressive also told me i only have a few more days before they close the case and we are out of luck
December 28th, 2012 at 6:04 pm #Jason

Patrick,
That doesn’t make sense that she is being assigned 50% blame. Since Progressive is assigning 50% blame, it has to be assumed your wife was 50% at fault.

If Progressive is going to pay 50% of the damage, then if the total damage is $1675, they will pay half of that amount and you will have to pay the other half.

It’s very likely you have more than a few more days to make a decision. In fact, your claim could remain open and available to pay you for several years, depending on the statute of limitations of the state in which this accident occurred.
December 29th, 2012 at 4:38 pm #patrick

The assuming she (my wife) is 50% at fault is only based on Progressive’s practice of splitting the blame on these types of accidents. I currently don’t have 50% of the realistic quote of 1675.00-2000.00. Does that mean I need to settle for the 373.00 when someone else runs into my car and i only have liability insurance on it. Isn’t there an insuirance board or state repair shop I could get closer to the acvtual cost of repairs? I may need to get parts from a junkyard, but 373.00 isn’t enough for that.
December 29th, 2012 at 4:44 pm #patrick

The accident happened in CA. My wife wasn’t at fault, she was stopped, but no way to prove that. I don’t currently have my half of the 1675.00, so do i need to settle for 373.00? Is there a mediation shop that will get closer to the actual cost?
December 29th, 2012 at 4:52 pm #Jason

Patrick,
It’s very likely that if you have your car repaired for the total cost of $1675, you will pay half and the amount the insurance company will pay is half.

If you don’t have the body shop repair the car so they can work out the details with Progressive, you will have to take the settlement and do the best you can with it.

Your other choice is to sue the other driver/Progressive. After a lot of time and money, you might get the award of 50% of the $1675 in damage but that is something you could get right now if you had the car fixed.
December 29th, 2012 at 5:37 pm #patrick

Thank you for your expertise. It sounds like we need to accept the 50% at fault and the amount. How much time do i have to come up with my half? Is there a way to keep it open until I can make some extra money? 3 months maybe?
December 29th, 2012 at 6:13 pm #Jason

Patrick,
Those are questions to ask to Progressive. Let them know your plans and tell them the body shop you want to do the repairs won’t do it for less than the estimate that estimate wrote. You may have to send them a copy of that estimate.
January 10th, 2013 at 12:40 pm #Robert

What is the penalty for someone if they lied on an insurance claim when they were a minor but they no longer are?
January 10th, 2013 at 5:02 pm #Jason

Robert,
It doesn’t matter if the misinformation was presented by either a minor or an adult. Insurance companies look at a lie as a type of insurance fraud. There are statues in your state that dictate the kind of penalty for that. Your state is unknown but if you want to look that up, research under your state statutes and fraud (or insurance fraud). This is something you probably could do over the internet.
January 17th, 2013 at 8:38 am #shayne

Hello,

My girlfriend was in an accident. the fault is apparent as the other party ran a red light. their appraiser has already came out and declared the car is a total loss. its been almost 1 month since the accident and we’ve been having trouble with the other insurance company. they claim that they have not yet been able to reach the insured to take his statement. we havent been able to get a call back from thier adjuster. we got this info from our carrier. Will they be able to deny our claim because the insured is unreachable or non-compliant? and how long do they have to make a decsion? unfortunately we have liability only, so we have no other way to pay for the loss. also, will they be liable for rental alowance since the date of loss? Do u have any suggestions for how to handle the adjuster?

We do live in CA
January 17th, 2013 at 9:20 am #Jason

shayne,
Generally insurance companies will makes attempts around 30 days to obtain the information from their insured.

If they are not successful in reaching their insured, they will then make a determination with the information they have at that point.

If this other driver’s insurance company is going to accept the liability for this loss, they should also pay a reasonable amount for a rental car from the date of loss until the date they settle the claim with you.
January 17th, 2013 at 2:35 pm #LIZ SMITH

My partner of 7 years and the father of my 3 children, one yet unborn, recently committed suicide (01/2013). We live in California and in Aug 2012, he hit a deer w/our car which is in both of our names with an insurance policy from AAA that covers any person driving the vehicle. Unfortunately, he drug his feet and the claim is still in the process of being settled. AAA told me that since he has passed and had not claimed a beneficiary, the monies remaining after paying the lien holder, would go to his parents. Can you tell me if this is true, and if so, why? I would think any remaining funds would go to his surviving children. Thank you for your time and consideration, any information is helpful.
January 17, 2013 @ 2:34pm
January 17th, 2013 at 10:02 pm #Jason

Liz,
Intestate is the form of property disposal that the father of your children’s estate needs to go through if he did not have a will or a trust upon his passing.

There is a specific formula for the heirs that are decided by law that the property goes to concerning a deceased person. The first would be the dependents (or children) and the secondary avenue is the parent or parents.

Do a google search for the terms “ca intestate law” and the one entitled “dying without a will” should give you clear guidance on what should happen.

Since you are an insured, the claim should either flow entirely to you. At minimum, you should receive 50% of the proceeds but if that happens, that would be upon the insurance company to dictate survivor rights and they don’t really belong in that arena since you are a named insured to this loss and survivor rights don’t apply since you are still alive.
January 23rd, 2013 at 2:33 pm #Cathie Langdale

My family and I were in an accident. The other party was at fault. We have medpay and thats who has paid all our medical bills. My husband is a disabled VET and was seen at the naval hospital. Because my husbands percentage of disability he pays no copay so the VA hospital issued no bill nor did they even input the insurance information. Now its time to get paid by the other parties insurance and they will not issue a check for my husband unless they include the VA on the check. I feel they are holding our money hostage cause when we went to the accounting department at the VA they said non of them are authorized to sign such a check. so our check would be worthless.
Any advice
Thanks for your time
January 23rd, 2013 at 4:05 pm #Jason

Cathie,
You could ask for a release from the VA so you can present that to the insurance company. The insurance company is just covering its bases by including the VA. But that may be more of a hassle than your other alternatives.

If you don’t want to go that route, get the check with the VA on it and then handle that battle when you have the check in hand. If may take some time, but there is someone in the VA that can and will sign it.

Or perhaps you could have then write out the check to you for a stated sum and then they could write another check to the VA for the related expenses your husband had there.

You might have to be creative on this one to get past your obstacle.
January 28th, 2013 at 5:40 am #Jodi

My daughter rear-ended a car that yielded/stopped at a yellow light. My daughter and the other driver exchanged info. The other driver got an estimate for $2000.00 and also wants a car rental for 2 weeks. My question is should my daughter pay the cost out of pocket or go through insurance. Do you think the length of time for the rental is realistic?
January 28th, 2013 at 6:52 am #Jason

Jodi,
Without a doubt, go through the insurance. No matter whether this accident is paid out of pocket or through the insurance, it is an at fault accident.

For damage in the $2000 range, a 2 week car rental is not realistic at all. Let this guy go through your insurance to settle his claim.
January 31st, 2013 at 10:05 pm #Miranda

i was involved in a 3 car accident. Drvivng on the highway the car infront of me hit the car infront of him of course in did not notice veh, sttoped until was was closer because his breaklight never was on. so i did break but i still slid into and hit his rearend my car had the most damge in the front his car did get dame in front and back but now he got a ticket for following to close and i got one to his at fault with the first veh and im at fault with him, which i should not be at fault its not my fault he was neglagent and his lights not working properly. thing is because he hit the one in the front his air bags came out. mines did not and i hit in the back so im afraid they are going to try and have me pay for it all when it was not my fault i can pay for rear damage but no way should i be liablr for front rnd. My insurance company says im at fault because i hit him without looking into considersation the factors way
January 31st, 2013 at 10:10 pm #Miranda

i was involded in 3 CAR accident on the highway car infront of me hit cR INFRONT OF HIM WHICH CAUSED ME TO HIT HIM I WAS ABBLE TO STOP but my car slid and hit him my airbags never came out i was fine but his did because he hit the other car and now im afraid that they will have me pay for all when it was not my fault but my insuance say i was at fault because i hit him without putting other things into consideration as we were on the highway he suddenly stops his breaklights dont go on i see he hit the other party so thats when i tryed stopping by my car still hit him.
February 1st, 2013 at 9:05 am #Jason

Miranda,
The first car is car #1, the middle car is car #2, and your car is car #3. This is how it will be illustrated on the accident report.

#2 failed in the level of responsibility by hitting the rear of #1. Because of the events in front of you, you owe #2 the duty not to hit car #2. By hitting #2, you would be responsible for #2’s rear damage (and your front damage).

Car #2 would be responsible for car #1’s damage (and his front damage).

It is very likely #2’s brake lights were operable. Even if they were not, does not provide you with free-reign to smash into the rear of his car. You have a duty to avoid hitting another car by defensively driving.

If #2’a brake lights were not working, why did you apply the brakes in your attempt not to hit car #2?
February 21st, 2013 at 2:29 pm #Alexandra

Dear Sir’s,

We are first time homeowner’s. We purchased a home in June of 2012, there was a relator who got us in touch with a mortgage co. who in turn referred us to a farmers insurance agent, all knew and spoke to each other and worked together in tandem to help us in the purchase of our home.

Now it is 8 months later and starting in approx. Sept. an new mortgage house has taken over our policy, and all the required insurance that was deemed a requirement in order to make this purchase is null and void. The hard to contact Farmers Insurance Agent that assured us we had the required flood insurance is no where to be found and others have taken over his books…

He had been assuring us and sending out the ppwrk, over the last five or so months all to no avail. Meanwhile the new mortgage co. has been charging us $500.00 extra a month for the last five months… that on top of our mortgage, and wont accept any minimum payment… This is all due to our not having the insurance we were under the impression we had.

Now my question is what can we do? Does Farmers Insurance work this way? Does this happen to anyone else? What should be our next step?
February 21st, 2013 at 7:05 pm #Jason

Alexandra,
Check the area of BEST AND WORST INSURANCE COMPANIES at the top of this page. Get a different insurance company and get the required insurance you need for your home so you are not charged by the bank any further. It sounds like after 8 months, you are not going to get results from your Farmers agent.

Your new agent may be able to backdate your policy so it is effective for the months you have been charged by the mortgage company. But it may be difficult to find an agent to do this for you. They may do this backdating with your assurance that no claims occurred and you would simply be paying the premium to avoid the mortgage holder insurance. Make sure your mortgage holder will accept a back-dated policy before you do it, if you are able find an agent that can work with you.

You have to take charge of your situation because it is costing money each day you don’t get the insurance issues resolved.
February 23rd, 2013 at 1:26 pm #Paula Stokes

This story is a tricky one-yet I really feel that you will have an answer to my question that I will type at the end. My car worth 24,000 at the time of wreck occurred in 2008. The Body Shop that repaired (was on my insurers list. Wreck was my fault. The Body Shop not only did not follow the rules of notifying me of what was being done to my car-never did they present documents for me to sign-when I went to pick up the car after they had it for 3 MONTHS which my replacement car allowance covered very little-no papers were given to me to sign off on-nothing. I just drove off. After having the car for a week-a friend who used to work in a body shop noticed as soon as he looked at it-things that were wrong-water in the front headlight for starters. he crawled up under the car and saw rust everywhere-joints not lined up- white chalk numbers on parts that he knew immediately had come from a junk yard…. to a female (me) the outside of the car looked fine-if he had not gotten involved I probably would have never known-UNTIL I ever decided to sale the car. So, to top everything off -he discovers that the front end had a different vin #. They took the whole front end off of a 2003 4-Runner and stuck it on my 2004 4-Runner.
So, I paid $300.00 to a company that does total unbiased reports on cars and photographs everything, documents everything he sees that is defective and he also took the receipts for work done that were submitted to my insurance company-and included in the report work that was not done but billed for parts not replaced but billed for etc. He put the report into a nice professional notebook-with a CD included of the report-and I headed off to hire a lawyer. My lawyer files a lawsuit against the Body Shop for Unfair Trade Practice- That was in 2008- there have been so many postponements from my attorney and their attorney that here we are in 2013. My attorney did manage to do depositions 2 years ago-and in my opinion they are very damaging to the Body Shop-so with a FULL report and Depositions and I have even SOLD the car so the diminished value is right there on paper. As soon as the Carfax report hit the desk of the buyer my car went from $16,000 down to 8500.00.
Now after knowing all of this information- I am going to switch to another direction. My car is in litigation. I have an attorney and have had since 2008-I paid him a retainer for $3000.00 in 2008. So two days ago- while researching Unfair Trade practice me-I- stumbled across this shocking fact. “IF A CAR IS WORTH LESS AFTER REPAIRS THAN THE VALUE OF THE CAR BEFORE THE WRECK IN THE STATES OF NC, VIRGINIA, AND KENTUCKY ONLY-CAN A CLAIM BE FILED TO YOUR OWN INSURANCE COMPANY FOR DIMINISHED VALUE- AND IF YOU HAVE A REPORT SUCH AS I HAVE AND A LAWYER SUCH AS I HAVE-THE INSURANCE COMPANY WILL HAVE NO CHOICE- AND THERE ARE 3 DV categories it could fall under.
So, my REALLY BIG QUESTION to you is (putting the lawsuit aside) but yet beause there is a lawsuit still pending CAN I FILE A DV CLAIM WITH MY INSURANCE COMPANY EVEN THOUGH STATUTE OF LIMITATIONS HAS PASSED (for NORMAL circumstances). I know fully well why my INSURANCE company did not mention this to me back in 2008-but I SHOCKED my attorney still hasnt mentioned it. I have a scheduled call with him this up coming Tuesday.
Can you shed any light on this incredible situation I am in? With all my heart I will appreciate hearing anything you say.
February 23rd, 2013 at 1:33 pm #Paula Stokes

PS I forgot to mention that I live in North Carolina.
February 23rd, 2013 at 1:42 pm #Paula Stokes

PSS I never saw- spoke- got a call from anyone from the insurance company (the agent assigned to my case. Not one word did I ever hear from her or him-I don’t even know who they were.
February 23rd, 2013 at 1:50 pm #Jason

Paula,
The statute of limitations allows 3 years for contracts. You are outside that limitation for a diminished value claim. The only exception to this is if you named the insurance company in your suit, but this would not apply since you mentioned you are have only sued the body shop.

There is no additional assistance beyond what your attorney is doing for you in your civil conflict with the body shop.
February 27th, 2013 at 9:37 am #Stephen

We were asked to provide an estimate to a damaged building by an insured owner. He told us the insurance company required 3 estimates.
The 3 estimates were within 7% of each other, we were the lowest.
The owner told us that the insurance adjuster used our estimates to ‘shop’ for a lower bid. Perhaps from a company they know or are related too?

Is this practice used by the insurance adjuster legal in Virginia for the insurance company and the construction company responding to a ‘shopped’ bid?

Thank you,
Stephen.
February 27th, 2013 at 11:47 am #Jason

Stephen,
What the insured told you about what the insurance company said is hearsay. When you repeat it to us about what the insurance adjuster said to the insured, who then told you, only to post it on here, makes it 2nd-tier hearsay.

It is difficult to rely on someone telling you something they may or may not have originated from the insurance company. It would be speculation to think there is nepotism or closely linked relationships at play here.

Most likely the insured is price shopping his repairs because it doesn’t make sense that the insurance adjuster would be requiring the insured to do that type of thing. Unfounded information isn’t something that should be relied upon.
February 27th, 2013 at 8:13 pm #Jackie

My car was keyed,the estimate was for 3200 done by my insurance company,because my last paint job was 800 dollars 2 years ago my insurance company offered me 700 to get my car painted. Is this legal?
February 27th, 2013 at 9:46 pm #Jason

jackie,
If you were able to get your car painted for $800 last year, they should be offering you $800 if the same body panels need to be painted. If this does not address your concerns accurately, re-post with some more clarity.
February 28th, 2013 at 4:28 pm #Aaron

Hi,

I just wrecked a motorcycle in the state of VA. The motorcycle was totaled (although I have not talked to an adjuster yet). There was a performance exhaust and an aftermarket computer installed on the motorcycle. These parts were permanently installed on the bike. There were no riders on these parts. Are they covered?
March 7th, 2013 at 8:21 am #Rick

A lady hit my parked car. I started a claim with her insurance, who inititally told me it appeared her policy was not in force. They allowed me to continue the claim, but I also filed one with my insurance. My insurance gave me a check, and now her insurance says that she did in fact have valid insurance and they’ll pay the claim. My question is how to have my insurance claim totally wiped out. I have not done anything with the check and will be returning it to them. I just wonder if there is a way to be 100% sure that this doesn’t get recorded as a payout by my insurance. Thanks.
March 7th, 2013 at 11:36 am #Nancy

Hello I am hoping you can help my family and I with this question. Ive read through all the comments and haven’t found one that can help answer mine.

My family home suffered a house fire in June of 2012. It was a total loss and our insurance company has made good on rebuilding it and we are nearing completion. As a result of this house fire we had to establish and turn in a contents claim. Our adjuster who has been so far a solid upstanding guy (albeit hard to get a hold of sometimes), gave us 6 months to turn it in- as one can imagine with a 5 bedroom house this took some time and dedication. We were giving the contents paperwork that included carbon copies to hand write everything in.

Being the modern gal I am, I asked and double-checked with our claims adjuster about utilizing excel to capture and organize the contents list, which he said was perfectly fine as long as we sign all sheets. So around thanksgiving we turned in printed out excel sheets, receipts and pictures supporting our contents claim. We also sent along a zip file of the excel workbook that contained the contents list. We double-checked our adjuster received it, he told us he sent it along to the correct people and explained how the deprecation would work.

As of Monday we received in the mail a letter from our insurance company…with new contents paperwork asking that we hand-write our contents list over to the documentation they provided (carbon copy sheets)

I think this is ridiculous and I cant figure out why our claims adjuster would agree to allow us to utilize appropriate technology…just to turn around and have our insurance company ask us to respend time handwriting it all over. We were well under our contents claim amount, and kept it honest with what we claimed with pictures and receipts etc. My only thought is they are trying to discourage us from pursuing a contents claim? I will definitely sit down in the coming weekend and tediously handwrite everything over, but what recourse do I have to ask them why they are asking us to do this?

oddly enough I work in insurance, just on the u/w side. not the claims side and this practice is something I haven’t seen. I hope I have made sense. thank you!
March 7th, 2013 at 12:01 pm #Jason

Rick,
Stay with your insurance company settling the claim. Your insurance will collect from the other insurance company, including your deductible, that your insurance will then reimburse you for your deductible that was applied.

There is no undoing a claim. You should not have concern about that because the accident is recorded as a not at fault accident for you.
March 14th, 2013 at 2:55 am #charity

recently my car was keyed in five different spots i reported it to my insurance and filed a comprehensive claim after submitting all required forms they asked for they are now avoiding me and passing my claim off to other adjusters and saying they need to further investigate i feel like they are stalling and making it hard to get what we are entitled to after all we pay our premiums why are the acting so shady
March 14th, 2013 at 9:09 am #Jason

charity,
How long has it been since you made a police report and submitted the forms to your insurance company?

Nothing you posted supports your statement that the insurance company is stalling or that your insurance company is acting shady.
March 17th, 2013 at 11:59 am #Mellisa

Hi;

I was rear ended on the highway during morning traffic in California. Traffic had come to a complete stop and not a drastic stop the car behind me was traveling too fast and not paying attention due to construction in the center divider happening he hit me and because I was at a stop with my foot on the brake the impact caused over $6,500 in damages and the person who hit me their insurance paid for it on my 2011 Ford Focus and I also had proof that it caused my front alignment to be off. I had my car fixed as i was driving away and noticed there was a whining sound from the front end I took it back to the mechanic immediately and told they said it was the front wheel bearing and they would get it taken care of because it was due to the impact. As they contacted the insurance company they denied that was not caused by the accident and will not repair it that it was my responsibility. The mechanic is still fighting with them to get it fixed because they had sent them all the paperwork stating this was their responsibility. They keep saying i was hit from the back that this would not cause damage to my wheel bearing if that was the case then why was my front end alignment off and they covered that in the repairs and the mechanic even should them proof. What do I do to get this resolved? Do I need to get a lawyer to get this fixed? so frustrated.

Thank you for your help.
March 17th, 2013 at 1:20 pm #Jason

Melissa,
Has the insurance company asked you or the mechanic to explain to them how a wheel bearing was damaged as the result of the accident?

Rear wheels on a car are not adjustable as far as alignment goes. The front tires can be out of alignment if there is a bad bearing. Without damage to the front, it is unlikely the front end was out of alignment, except for the alignment variance due to the bad bearing. The bad bearing should have been noticed by the mechanic at the time of the alignment.

The insurance has a good point that bearing do not become damaged as a result of an accident on the opposite end of the car. Bearings are wear components on a car and unless you left some detail out about the accident, there is a high certainty that the bearing failure is not the result of the accident.

Continue to let the mechanic state your case for getting the bearing replaced as part of the claim. Don’t get an attorney for a bearing replacement because the first 2 hours of an attorney will cost more than that of the bearing replacement.
March 18th, 2013 at 2:15 pm #Mellisa

Jason – just a key note a month before the accident I had new tires and a front end alignment done to the car. When the accident happened and the car was being fixed I had the paperwork regarding the alignment had just been done and the mechanic said that because the impact and the pressure of the brakes caused the alignment to be bad and the mechanic did say that in this case it is very possible for the bearings to be bad due to this accident. the insurance company asked the mechanic to show them the proof and they were shown proof that this is possible but at the same time also wanted the car to be torn down again to see the part and then they would make their decision. So if the bearing was bad at time of the alignment before the accident should I take it back to that mechanic and is there something I could do since you say they should have noticed that at time of the alignment? Thank you for your feedback it’s very helpful.

Mellisa
March 18th, 2013 at 3:05 pm #Jason

Mellisa,
Impact to the rear-end would not damage the bearings on the front of the car. Brakes usage is applied on the car many times during its daily use. So braking would not cause bearings to fail no matter how much pressure was applied to the brakes. Also using your brakes does not cause front ends to be out of alignment. Striking a curb, hitting a deep pothole, or having work done to the car’s steering components may cause the alignment to be out of line.

It is nearly impossible for a rear-end accident to affect front wheel bearings. For the mechanic to tell you otherwise is misleading.

Bearings wear out over time. Sometimes slowly, and sometimes quickly. To assign blame to the mechanic would get you nowhere because bearings fail on their own and are not because of something the mechanic did. Does the mechanic owe it to you to check for worn bearings while doing an alignment. No, not legally, but he should inspect for that during an alignment procedure.

Just get the bearing(s) replaced and let the insurance company inspect it for their coverage determination. If they don’t cover it, just pay it as a maintenance repair because bearings are a wear items.
March 19th, 2013 at 2:03 am #Christine

how can an ex squatter who broke into my home whilst I was in uk and he remained for a total of 9 months? He also brought in a very malicious dog which my 8 year old son and I were terrified of, and the squatter used the dog to basically make us live, eat and sleep in the smallest bedroom of the house. If he heard one of us moving or going to the rest room the squatter came out of the room he took over knowing the dog would follow and of course it made me grab my son and run back into our room.
we were terrified of the sqatter and ever time i called the police he lied and said he was a renter and then i found out if a squatter is in your property for a certain time they actually do get full renters rights which is just shocking.
However, after he opened a contractors license using my home as his place of doing business, he emailed to say he had took all his belongings and left, then 5 months later i find he had filed a fraudulent lawsuit behind my back for supposed wrongful eviction whilst he was not even invited?
He left, he informed me he had all his belongings, he then got a fraudulent default judgement for $97K stating i had stole all these supposed items which I had never seen the squatter with.
AAA insurance came out as I had found some items in a playhouse he had illegally built which was of course un permitted, unsafe and unfinished.
The master suite was all cathedral ceilings, he also took the liberty to build a ceiling over the bathroom portion which allowed him to build his perverted playhouse at the far side of the ceiling which you just did not see as the edges around the door were totally hidden.
however, i managed to get up there, he had smashed a hole from iinside his playhouse to the very outside of the house, he had made holes through the roof that now just floods my garage, and i saw he had smashed the hardboard which would have given him access to the remainder of my home and sadly found a webcam.
AAA allowed this squatter to file a fraudulent home loss claim for $97k on my own personal home insurance policy.
I have filed id theft against him as i know he also had managed to get on my aaa auto insurance policy as well – i am just astonished that aaa would even accept a claim from such a criminal. i have told them that the lawsuit was filed behind my back and i was not served and was out of the country at school most of the time it was going through the courts, he of course managed to get a default judgement as i never showed up to court as that squatter and his attorney robbed me of my day in court as they intentionally failed to serve me, and after he got the fraudulent default judgement, he then filed a fraudulent insurance claim, and then went to file a lien against my home also.
I have told AAA that I have filed ID theft against this criminal, and because stealing all my personal id enabled him to file the insurance claims and liens that he should be reported to the da as he has now put himself into the situation of being charged with criminal charges due to what he has so illegally done to me.
Why will AAA not do a thing to assist me – I have shown them all the documentation I provided to the police to file the id theft report and they have still refused to do a thing.
I have told AAA I give them one week for them to deal with this criminal and come get all of his trash he had hidden in his perverted playhouse (and I had not stolen a single item and he was the only one who knew it was there), then i have no choice but to report the criminal and AAA to the da to proceed with criminal charges and AAA need to be dealt with also as I can not believe how they are protecting this theif?
any ideas anyone – he is stating the date of the loss was 5/4/2011 and it was not filed with AAA until 8/2012 so how could they have even accepted it?
They know this squatter had also got onto my auto insurance policy behind my back and also got his own renters insurance and AAA did not even inform me and they are supposed to by law as what he insures in his rental insurance effects my personal home insurance policy?
March 19th, 2013 at 9:13 am #Jason

Christine,
After reading your situation, it seems you are affiliated with someone that abuses the people they are around. Although you mention AAA, the problem you are facing involves this man, not the insurance company.
March 27th, 2013 at 6:07 am #Joe

If I work in one state but live another, what ‘State’ Requirements for claims processing need to be followed, my state of residence or my state of employment?
March 27th, 2013 at 11:21 am #Jason

Joe,
If your question is understood correctly, your actions need to conform to the location where the claim originated. That is because of the principle of jurisdiction.

For example, if you have car insurance and live in MN but have an accident in IL, the laws of IL apply to the accident.
March 27th, 2013 at 11:54 am #Joe

Jason, thanks for the response. I am asking specifically about a disability (STD or LTD) claim. If I reside in one state, but work for an employer in a different state what State ‘Rules’ appy as far as claim acknowledgement, etc. For example, I live in New hampshire, but work in Maine and need to file a disability claim due to cancer. Would the insurer need to manage the claim based on NH State Regulations or Maine State Regulations?
March 27th, 2013 at 12:56 pm #Jason

Joe,
STD and LTD are contracts of insurance between you and your the insurance company your employer contracted with. These contracts should outline in which state any disputes are settled. You will have to review the contract to determine that.
April 4th, 2013 at 12:44 pm #Jay

my insurance company issued a policy 4 months ago sense then we had a pretty good wind storm and damaged my shingles I had a roofer come out and assess the damagethey worked up a full report for me showing all of the broken fastners and the wind damage that were on the roof. Now my insurance company who has taken a payment on my policy for four months is stating that the roof is past its life expectancycan an insurance company legally do this?I don’t see how my roof could have passed its age within 4 months time they’re only argument is the age of the roof they’ve already admitted to the wind damage being there does anybody have any advice? we argued with the insurance company then he sent out a moisture specialist to assess my roof and try to sell me on underlayment for my crawl space not anything about my roof now I am at a standstill insurance company says they stand by their decision can they deny my roof because of the age when there’s no leaks
April 4th, 2013 at 12:53 pm #Jason

Jay,
To understand your issue better, it would be great if you were able to cite the language your insurance company is using to deny your claim. “Past its life expectancy” is a vague and arbitrary concept and it is very unlikely this wording is found in your insurance policy.
April 11th, 2013 at 1:23 pm #SOS

I have an outstanding insurance claim that recently settled in which I still have not received payment on. This stemmed from a car accident that happened on 3/22/13 where I filed a claim with the at-fault driver’s insurance. My vehicle was totaled and I was offered a settlement on 3/29/13. When I last spoke with the claim’s adjuster, he said he mailed my settlement check on 4/5/13. As of today (4/11/13) I still have not received the check and it was mailed from the next state over. What options do I have to ensure I am not getting the run around by the adjuster and to ensure I receive payment ASAP? Am I giving the reasonable amount of time for the mail to deliver or could it be the adjuster really didn’t send the check when he said he did? What is my next step to ensure I receive payment? I have emailed the adjuster for answers but he has not responded to my concerns. Thank you!
April 11th, 2013 at 1:32 pm #Jason

SOS,
It’s likely the intent of the adjuster to have sent your check out when he said but he probably did not get it out until several days after he intended to send it.

Instead of just e-mailing this adjuster, call him too. Ask him the check issue date and the check number so you can have that for your records. Let him know you are concerned about talking so long. If you don’t get your desired results, then speak to his claim manager.
April 12th, 2013 at 11:42 am #Angie

SOS i would give it a few day the postal serves have been having issues lately. i have had stuff mailed in my state to a few streets over take weeks to get there so don’t worry just yet.
April 15th, 2013 at 9:23 am #SOS

Thanks for the responses Jason and Angie!

I still have not received the check and it has now been over a week since it was supposedly mailed. The adjuster stated he would re-issue a new check today to send overnight delivery. However, I have been calling and emailing him and he is not responding back. All I need is the tracking number on the overnight check being sent today so I can be sure to track it’s delivery since the other check he sent mysteriously got lost. My question now is this: Why would the adjuster ignore my calls and emails? They know that the money is owed to me because we agreed on a settlement amount and I have a letter to prove it. Is it really that hard to put a check in the mail? What other factors could be involved here that’s allowing a delay in issuing payment to me? In the meantime, I have lost out on the purchase of a new car due to this delay and I can’t get to work. The adjuster knows this but does not seem to care. Anything else I can do?

Thanks!
April 15th, 2013 at 9:37 am #Jason

SOS,
Keep calling and talk to this adjusters manager and explain the delays you are experiencing. We don’t know the internal workings of this claim adjuster’s office so speculating on anything there would not be appropriate.

Since you are having such a difficult time getting payment from your insurance company, it may be beneficial to check out the BEST and WORST INSURANCE COMPANIES at the top of this page and find one that is rated higher by its customers than you would rate your insurance company.
April 15th, 2013 at 9:45 am #SOS

Thanks Jason!

I will keep calling today and if I don’t hear back soon, I will find out who the claims manager is so I can speak to them as well. Luckily for me, this is not my insurance company- this is the AT FAULT driver’s insurance company who I’ve filed the claim with to reach settlement for my total loss vehicle. We’ve already settled on a price and they have already picked up my vehicle. So I should have received payment a long time ago!
April 15th, 2013 at 10:44 am #Lauren

Just a quick question for anyone who wants to answer. Can another person use your name to make a home insurance claim? For example, my father in law and my husband have similar but not the same names, and recently he made home insurance claims to have his roof completely redone as well as his basement, and he used my husbands name for the claims without the knowledge of my husband. I feel this is illegal. Am I correct? Anyone know anything about this?
April 15th, 2013 at 1:24 pm #Jason

Lauren,
Repost your question and be specific to how many properties and policies are involved so your questions can be addressed.
April 16th, 2013 at 5:33 am #Allyson

My family was renting a home that used to be the landlord’s immediate family’s primary residence. The landlord failed to change the locks and/or account for all keys. The landlord’s adult son and two of his friends used a key to come into our home and rob us at gunpoint and I was raped repeatedly.

We’ve sued the landlord’s insurance company for negligence on behalf of the landlord. They’ve denied the claim based on a ‘rental exclusion’. Apparently, the landlord never changed his homeowner’s insurance policy to reflect the property was now a rental.

Is there any way around this ‘rental exclusion’? Surely there is some sort of loophole based on sheer liability coverage.

Any help you can provide would be great, thanks.
April 16th, 2013 at 9:20 am #Jason

Allyson,
The insurance company substituted itself in your lawsuit against the landlord. The insurance company cannot be sued for the things you have indicated.

Correct or incorrect information of the landlord’s insurance policy in no way affects you so you don’t have to be concerned about his policy’s “rental exclusion”.

Since you are involved with a lawsuit, you should be discussing your concerns with your attorney. He would be able to help you a lot more than those on this site.
April 23rd, 2013 at 12:33 am #Bruce

Hello.
I bought a car from my mother who resides in Md. It is ensured through her ins. co., Bretheren Mutual Ins. Co. A bill of sale was completed and she signed the title over to me. I returned to my home state of N.C. on a Thursday and went to the DMV to transfer the title and register it in my name. I could not do this as my deceased father’s name was also on the title. I had to send the title back to mom to have her sign my father’s name on it and I had to obtain a Letter of Administration and a copy of dad’s death certificate. The following day after I had sent for these documents, my wife was driving the car and struck another vehicle (my wife’s fault). At the time of the accident, the car was still insured under my mother’s policy and was still registered in her name. Both my wife and I were operating the car with my mother’s full knowledge and consent. I had not yet had the opportunity to ensure it in my name. Immediately following the accident, I filed a claim with my mother’s insurance co. They are trying to deny the claim based on the fact that there was an existing bill of sale selling the vehicle to me. Can they do this? I maintain the preponderance of the law is on my side since the car was still ensurured under my mother’s policy, still registered and licensed in Md. and was being operated by my wife and I with my mother’s consent. If they deny the claim, do you think I’d be able to successfully sue them in order to have them honor the claim. Please help me.
April 23rd, 2013 at 9:50 am #Jason

Bruce,
Only the owner of a car can have an insurable interest in the car. You said in your first sentence that you “bought” the car from your mother. Your wife and you even had taken possession of the car. It is assumed you exchanged money with your mother for the car.

Further, you as the person of financial and ownership interest in the car have made a claim with your mother’s insurance company. You are the person claiming a loss because of the accident.

All the things just mentioned above demonstrate that your and wife you are the owners of the car. The ownership transfer took place when you paid for, and took possession of, the car. All the registration efforts further support a transfer of ownership took place from your mother to your wife and you.

At the moment of the sale, Bretheren Mutual Insurance company was immediately released from liability to your mother as it relates to the car. Your mother no longer had an insurable interest in the car because she no longer was the car’s owner. Bretheren never had an insurance contract with your wifeand you.

You will not be able to successfully sue your mother’s insurance company. There are several reasons why you would not succeed; your mother’s insurance is an agreement between the insurance company and your mother, and Bretheren has nothing to do with your wife and you.

Now, if you have your own automobile insurance and your insurance contract has a “newly acquired vehicle” provision that allows for coverage for cars immediately upon purchase for a short period of time (like 14 days), you might have insurance through your own insurance company.

This is the only option you have available so that is worth mentioning.
April 23rd, 2013 at 2:41 pm #Glenna Little

I recently had severed hail damage to the exterior of my home. This home was bought and paid for and is titled in my name only. The insurance company just sent an initial check for what their adjustor appraised the damages. Problem is that the insurance company sent the check to me and wrote AND inserted my husband’s name. So the check has to be signed by both. The insurance on this house is also only in my name. The other problem is I have had several appraisers access the damage and my insurance company is way under all of those appraisals.

Glenna
April 23rd, 2013 at 7:43 pm #Jason

Glenna,
If you bring up this concern about your husband’s name on the check to your insurance company, they should be able to re-issue the check to you only if you are the only owner and only insured on the policy. Only those that are owners and are the named insured’s should be listed on the check.

Send the estimate of the contractor you want to use and ask your insurance company to arrive at an agreed price for the hail damage repairs. This should not be your problem so let your insurance company work out the price difference. If they don’t want to work out the details of the price difference, they need to write you a check for the contractor’s estimate of your choosing.
April 24th, 2013 at 11:07 am #alex

my niegbor claims my wife backed in to her car. she did not witness this herself nor did anyone else. my wife denied this. my insurance denied my niegbors claim because my wife was not on my policy at the time. now there threating me with notifiying department of transportation to suspend my driving privileges if i dont pay them damages can they do that?
April 24th, 2013 at 11:16 am #Jason

alex,
It may be possible to notify your state DOT to start the process of suspending your license, but only if your state allows this for (uninsured) losses. Your specific state will have guidelines if this can be done.

You seem to have insurance on the car so they should not be able to suspend your license. In what state do you live?
April 24th, 2013 at 11:55 am #starr

I had some damage to my front and back bumber and called in a claim to my carrier who is gieco. They are now saying that the repair payment has to me two party either in mine or the shops name or mine and my lien holder. In ohio it is not required for the lien holder to be protected to the degree that the power to repair the vehicle how I choose is being infringed upon. I do not have a loan on this vehicle it was bought at a buy here pay here dealer and im almost done paying the car off. I do not trust the dealership or body shops. I want the control to insure things will be done correctly. How do I demand that the payment be made to me considering ohio does not require any two party reimbursement. This is really making me upset.
April 24th, 2013 at 3:35 pm #Kari

Starr- you do in fact have a loan- as you said it’s almost paid off- insurance has the responsibly to protect all interested parties- your buy here pay here dealer is one of them. If you want to control who fixes your car- find someone, let Geico know who it is, and have the check writtent to you and the body shop of your choice. If your car was paid off, the check would be to you only, as you are the only person with an interest in the car. But that isn’t the case. You owe the buy here pay here dealer that is why the check would be made out to the both of you.
April 25th, 2013 at 8:14 am #starr

The issue is that this buy here pay here dealer is not an honest establishment. I asked them the procedure and they are trying to force me to fix the car in their garage. I was looking at the laws in ohio and a insurance company ulis not obligated to issue a two party check. This dealer is not on my insurance policy so i do not see how legally this can happen. There is no law on the books that require this action. This is my main point. This falls under the unfair practices statute because my interest the one whos policy it is has not been protected. I do not have a financed loan with these people hoe do they dictate what I do. Regardless of whst happens to the car I still have to pay it off. Where is the law that requires this?
May 2nd, 2013 at 5:01 pm #Distraught in Indiana

I recently had a car accident. My tire literally fell off (faulty wheel hub) and the insurance is saying there was literally a 30 min lapse in coverage and of course the “lapse” was during my accident. The vehicle is a total loss and the pay off is roughly $19k. No other vehicles or people were involved and there was only minor property damage of which my husband already fixed. The property owners have been great to us! I have dealt with the special investigator and he has advised us we must go under oath for a statement or withdraw our claim and we will never hear from them again. He has establish the wreck occurred 30 min prior to what I reported and that I could face a Class D Felony! My question is this: do I just withdraw and be done with it? If I do withdraw, will they really just disappear or is there a chance they can turn it over to some other agency for review and possible charges? I can’t handle this stress. We are going through a very tough financial situation and are filing bankruptcy. My son is also very ill. I don’t have that fight in me right now. I also do not want to be charged with something I did not do! Please advise. Thanks in advance.
May 2nd, 2013 at 5:18 pm #Jason

Distraught,
I will assume the investigator is saying you had the accident and then after (about 30 minutes), you got insurance coverage.

Are you indicating you got insurance coverage and then immediately you got into an accident? Did you recently purchase the vehicle? Do you have any other insured vehicles? Did you have coverage on the vehicle and it ended and you paid to have it reinstated? What is the importance with “30 minutes” when policies generally start at 12:01 a.m., unless bound by an agent in the office with a specific date and time?

The timeline would be very important to know so your questions can be addressed.
May 6th, 2013 at 11:53 pm #Jessica

My insurance company agreed to send me $2800 for my totalled Monte Carlo. They took possession of the vehicle and the title. I never received the check though they say the issued one. I asked for them to stop payment on it and reissue it since it had been so long. I’ve called numerous times and even spoken with a supervisor and I keep being told there is a process for them to do this though they can tell the check hasn’t been cashed. It has now been almost 8 months since they got the car and the title. What can I do?
May 7th, 2013 at 7:44 am #Jason

Jessica,
Be persistent by calling them until you receive a replacement check from them. 8 months is way too long for this to be going on.
May 9th, 2013 at 7:36 am #jason

Hi my truck was in an accident about three weeks ago and had exstensive damage but because of its value it might not be totaled the insurance comp. has not made that decision yet is there a time limmit on that decision. Also if they decide to fix it the repair shop says it will take 90 days is there a law that sets time limmites on repairs due to the fact that i only have 30 days of rental coverage the most the insurance company offers thank you
May 9th, 2013 at 9:09 am #Jason

Jason,
Insurance companies try to get claims settled as fast as they can. There are no time limits for decisions to be made based on the the insurance policy.

You may want to find a different repair shop that can get the repairs done in a more reasonable amount of time. I’m sure even you believe 3 months is way too long for any amount of vehicle damage.
May 14th, 2013 at 7:02 am #Vi

I was in a automobile accident where my truck (had minor damages) hit the lower back passenger side of a car (minor damages) the traffic was “ Cross Shape” meaning the street I was on goes straight and the street they were on was crossing. The other drive and their witness claim I ran the “stop” sign however, I honestly believe I did not run the stop sign otherwise the car I hit would have hit the other car coming opposite of them. Nonetheless, neither I nor other party was insured at the time of accident however, I offered to pay for the repair of their damages at a shop that would repair it at fair cost. Considering their vehicle was a “95” with over 238,000 miles and my truck is a 2008 with 38600 miles. The other party is trying to get me to pay triple the KB book value because they want a shop they are familiar with and may I say the other parties car already had front in damage so they KB value is even less than the fair value. I decided to let them take me to court because I was more than willing to pay for their car to be in the condition it was before I hit them (despite my feelings of not totally being at fault because I believe they waited because its two way traffic on their street)but refuse to make it better.
May 14th, 2013 at 7:52 am #Jason

Vi,
The owner of a car chooses the repair facility, not you.

Every state in this country has mandatory insurance requirements. Because neither one of you had insurance, it is assumed you didn’t file an accident report.
May 22nd, 2013 at 7:42 am #carrie

Dear Admin,

We received a letter from our lien holder on our boat. They stated that they were receiving their records and they noticed that we did not have insurance on the boat from 9/2002 until 10/2004. The company was taken over by a new company. We did not know this. We have carried insurance on this item since we brought it, it has a lien on it. We have been checking our insurance company. It has been about 10 years now.

Well they want to charge us insurance now for this lapse of insurance back in 2002-2004.

We have insurance now and have been paying it.

We want to know if this is legal?

Thank you,

Carrie
May 22nd, 2013 at 8:28 am #Jason

carrie,
The concerns you expressed concern the policies of your bank. Since the issue concerns banking policy, this insurance forum isn’t going to be able to provided any guidance about what you are facing from your lien holder.

Perhaps you can provide insurance information to your lien holder that you did have insurance during the time they claim you did not.
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May 28th, 2013 at 6:11 pm #James

Two deer sprinted out in front of our motorcycle going down the highway resulting in catastrophic damage ( a total ). Our insurance company has been very good to us and I hope I don’t sound petty, but we are near the end of our coverage $5,000 each per/accident and I work a labor intense job that I feel keeps me from fully recovering. I’m worried about continuing PT costs. Will they give us a minimal lump sum for future expenses or are we on our own? Do we have any options? Thank you for any help you can provide.
May 28th, 2013 at 7:50 pm #Jason

James,
The $5000 that you mention is for medical expenses. Once the limit is reached, there are no more funds for your medical expenses. The only option you may have is insurance coverage through your employer.
June 5th, 2013 at 3:33 pm #mimi

someone opened his car door and scratched my car, she refused to provide insurance information and just took off, i only have her license plate number and picture that her car door hit my car and the damage is within my deductible. if my insurance company can’t find out her insurance information, is that the end? or insurance company usually sends that driver a letter requesting the money or insurance information?
i asked my insurance but people over the phone said they don’t know as that’s handled by another department.
June 5th, 2013 at 3:42 pm #bobo

an uninsured drunk driver rear ended my car and i took my car to a body shop referred by my insurance and got it fixed – i paid my deductible and the body was to get paid by my insurance directly. a few months later the paint chipped off and i took it back to the body shop. body shop kept my car and would not release it back to me unless I pay them $13000 because they said my insurance company has not paid him, and i found out my insurance company is an unadmitted carrier, not answering any more phone calls. is the body shop entitled to keep my car unless i pay them the 13000 that the insurance was supposed to be responsible for?
June 5th, 2013 at 5:58 pm #Jason

mimi,
If the damage is below your deductible, your insurance has no involvement in your damage and they will not do anything for you. Your insurance company has no obligation or reason to find out who her insurance company is. That responsibility rests with you. Your insurance company won’t send that other person a letter because that responsibility resides with you.

You need to take responsibility of things that happen to your car. If someone causes damage to your car and they refuse to provide their information, you immediately file a report with the police. When you do that, the police can obtain her information in the form of an accident report. If you didn’t file a police report, then the police have not been able to record the event in a police report, and you have nothing to get the other person’s information.

Had you reported this as damage to your property, you would have a police report that is there to document the involvement of the other person. Sure you may have to sue her to get her to pay or turn it into her insurance company but that is just what you have to do.
June 5th, 2013 at 6:15 pm #Jason

bobo,
Not-admitted insurance companies are not filed with, and subject to the laws and regulation of, the state in which they are conducting business. In addition, if the insurance company enters into insolvency, that same state will not back up the financial claims and obligations of the insurance company.

If your insurance company is not answering their phone, haven’t paid the body shop for your car’s repairs, yes, it is most likely the repair shop has placed a mechanics lien on your car for the total of the repairs they performed. Each state has different lien laws on their books and that seems to be the reason they have your car and won’t return it.

As for the matter of your insurance company not paying the repair shop for the repairs, that is an entirely different contractual situation between the insurance company and you. If your insurance company is insolvent, the issues you have with them are beyond the scope of this forum.

As the matter of $13,000, in order to get your car back, you will need to pay the repair shop the amount the insurance company did not pay.
June 6th, 2013 at 8:55 am #Leigh

My husband was in a motorcycle accident a couple of weeks ago. He was following a vehicle in a residential area. The vheicle appeared to be turning into a driveway at to the left but instead turned to the left then quickly turned right intending to back into the driveway on the left. When he came back to the right my husband didn’t have time to stop and hit the passenger side of the vehicle. My husband could not remember if a signal was used but the car behind my husband said no signal was used. The officer at the scene cited the other driver. My husband was taken to the hospital in an ambulance and checked for any bone breaks, etc. Both parties have the same insurance company. We filed the claim and sent in the police report, gave a statement and the witness gave a statement. No high speeds, no signal is what the witness reported. The insurance notified my husband that after their investigation my husband is at fault 75% and the other party is at fauly 25%. With the other party being cited at the scene I can’t understand how the insurance adjuster came to this conclusion. This is a minor claim and we don’t really want to hire a lawyer for something this small. Can you give any guidance as to how to proceed?
June 6th, 2013 at 11:46 am #mimi

thanks Jason.
actually i did inform the police when the driver refused to provide insurance and took off. the problem was even the police located her shortly afterwards, got her to come back to the scene and had her insurance information, the police did not put it on the report, because when she took off, she reversed her car at me even i yelled “stop, or i call the police”. she did that to escape anyway. i backed off as soon as the bumper touched my leg so i was not injuried, but the police said this is intentional not an accident so they are not going to put the insurance information on the report. I said when she open her car door to hit my car, it was accident. the backing up the car against me was intentional.
the police said either the whole thing was accident or the whole thing was intentional, they already cited her as not an accident, so they are not putting insurance info on the report.
i found out the police won’t put insurance info on report after they cited her and i could not change that.
June 6th, 2013 at 5:42 pm #Jason

mimi,
If the damage is below your deductible, just get it repaired and move on with life. Or if it’s not that serious, just leave it as is. This really isn’t something you want to be too consumed over.

If you want, the other alternative is to sue the other driver. Sure, it should be fairly easy to win, and if you do that, her insurance company may step in and settle the damage as an at fault claim. However, if you win in court and get a judgement and she doesn’t have insurance or refuses to get her insurance involved, you would still have to collect on that judgment. What you do is entirely up to you.
June 6th, 2013 at 6:24 pm #Jason

Leigh,
If you and the other driver have the same insurance, the protocol is to have two different adjusters handle the claim. One handles the claim for your husband and the other handles the claim for the other person. Those two adjusters review the details of the accident and they arrive at a percentage of fault for each driver, including who is more at fault. They take into account the impact areas, the accident report, road condition, weather condition, speed limit, witness accounts, and what each driver was doing before and during the accident.

It seems the two adjusters concluded the majority of the fault for the accident rests with your husband. In fact, they further clarify that by a 75-25 split.

I cannot think of any end result of hiring an attorney that would change the outcome arrived by those two adjusters. Ok, let’s say you sue the other driver. His insurance company is going to substitute in place of the other driver. That situation would put you in the position of having your own insurance company defending against your lawsuit. The insurance company will defend the other driver against your claim to the best of their ability. You would have to prove that the majority of fault was with the other driver. That may be a steep burden to achieve. Perhaps to keep everyone’s legal costs low, the insurance company may adjust the fault to 51-49.

It doesn’t matter if it’s 100-0 or 51-49 because it’s still considered an at fault accident. I don’t think the insurance company will adjust their at-fault determination to consider the other driver with primary fault.

As I read your explanation of the accident, I personally arrived at slightly more fault for your husband because cycle riders cannot enter a dangerous situation since an accident for a cycle rider is much more perilous than someone in a car. That may not be fair but since I ride cycle, I know extra buffer and caution is required.

You said it’s a small claim. Since you said you don’t want to get a lawyer for something this small, don’t get one.
June 7th, 2013 at 11:08 am #Amanda Driskill

Hello, and thank you for taking the time to answer my question. I recently had hail damage to my vehicle in the Oklahoma storms and filed a claim under my comprehensive insurance with State Farm. I was advised since my vehicle is financed through Chase that the loss draft will be in my name, and the lienholders name to protect their interests in the vehicle. However, when I purchased the vehicle from the dealer they “shopped” my loan, so ive never signed or received a loan contract from Chase so I don’t have any information on their clauses in this situation, nor can i find any specific information directly from Chase, or google on how to proceed with this check. My issue is I have a $1,000 deductible which i do not have the money for right now to come out of pocket to repair the vehicle. I was planning on putting aside the money until I had enough to cover my portion of the repair bill and get the hail damage fixed. Can I get state farm to issue me the check since there is no clause in a contract that I signed agreeing that they be a 2nd party to any insurance proceeds? Or can I force Chase to endorse the check with the estimate of the repair bill?
June 7th, 2013 at 7:36 pm #Jason

Amanda,
You need to work out the details of the claim proceeds with your lien holder. Your lien holder just wants to make sure that either your loan gets paid down the amount of the damage, or you get the damage repaired so they have the appropriate collateral for the loan.

I don’t think you can force Chase to do anything. You simply need to contact Chase and find out the options you have and then decide how you want to proceed.

State Farm will not issue the check directly to you. It’s not about a clause in your insurance contract, it’s about protecting the parties that have an interest in the car, and that would include your lien holder and you.
June 12th, 2013 at 12:52 am #Vicki

Hello,

We had a one car accident on a rode that had man hole covers lined up on one side of the street. When I say lined up I mean 2 man hole covers right next to each other every ten feet or so. I have never seen such a thing. This was in a newer development and the streets were not finished being paved. The covers extended a few inches above the street (an abnormal amount above the street). We were driving on this street in the dark. There was very bad street lighting so we just had our headlights. There were no signs posted warning of uneven payment and/or construction. As we were coming down the hill on this street we noticed the man hole covers extended above the street level and swerved to avoid some just to in turn run over another. As a result, the entire underside of our car/engine was destroyed to the tune of $7K.
We are still waiting to hear back from our insurance re. liability. I say it is the city or developer’s fault for not properly paving the street and/or notifying the public via signage of the uneven/abnormal street.
Any thoughts or logic I can use to fight this? I don’t feel that we should have to pay the deductible. I feel that the city and/or developer were negligent for not properly “signing” the area or paving the street for that matter.
June 12th, 2013 at 9:46 pm #Jason

Vicki,
Your insurance should cover your claim as a collision with the roadway. Just pay your deductible.

The way insurance works is that your insurance will pay for the damage done to your car. If it is the fault, or because of the negligence, of someone else – such as the city or county that maintains the roadways, they will request that the responsible party pay for your damage.

This is all done behind the scenes and if they are going to collect any money from the city or county, they will forward your deductible to you when, or if, they are able to collect.
June 13th, 2013 at 3:22 pm #Shawn

We filed for a hail damage claim on our roof of our home last April. When we received the claim estimate and check, we were told that we had 2 years to complete the repairs. Last Friday we received a letter in the mail that the insurance coverage on our home was cancelled due to unable to complete repairs in the time allowed. It has been 14 months. Is this right, can they cancel us when we had 2 years to complete the repairs?
June 13th, 2013 at 5:51 pm #Jason

Shawn,
The time period to fix a claim’s damage in most insurance policies is either 6 or 12 months in duration.

If the insurance company gives you the legally required amount of notice before they cancel your insurance policy, your coverage can be cancelled for any reason.
June 17th, 2013 at 6:22 am #Eric

I have a motorcycle that i recently bought with a salvage title. it was a 2012 with 1000 miles and because motorcycles are easier to total then cars it was totaled out after a very minor accident. long story short I got the bike insured with state farm with full coverage. they never asked if the bike was damaged as i heard they normally do ask. and they never asked if it had a salvage title or anything of the sort. I kept with the dont ask dont tell policy and got the bike insured as a regular title with full coverage. what would happen in the event of a claim would they not pay out would they adjust the amount of a payout would they even find out the bike was previously salvaged before payout in event of an accident
June 17th, 2013 at 6:49 am #RonK

Eric,
You are insuring your cycle not as a regular titled bike, but one that is a salvaged titled bike whether the insurance company knows that information up front or not. The premiums are the same but the insured value in the event of a total loss will be based on a salvage titled cycle.

Every motorized vehicle, including cycles have a VIN. When vehicles are totaled, this information follows the VIN and there are hundreds of databases that contain the information that your bike was totaled.

Sure, you have full coverage insurance, but in the event of a total loss, don’t expect payment based on a non-salvaged cycle. If you total your bike and make a claim, the insurance company will order a CCC Valuation, or similar report, and on that report, it will indicate very clearly your bike has a salvage title. There is no escaping the true value of your bike.

In the event of a future claim that does not total your cycle, your bike will be fixed and the salvage title may or may not become an issue.
June 17th, 2013 at 2:59 pm #Eric

ok thanks i wasnt looking for full value i just wanted to make sure i was paying for full coverage but only recieved liability
June 20th, 2013 at 12:15 pm #Kristen

We have had an incident here at my work where many cars were hit with overspray (two barn roofs behind us were being painted with silver metallic paint)… The guy finally filed an insurance claim.. I went and got 2 estimates to repair my car.. They at first made a comment that if they cash us out it will be for around $400/vehicle… My estimates were $1161 and $1192….. Now the insurance company has retained a company to come set up at work to clean the vehicles (without asking any of us what we wanted to do)…. The emails that we have been forwarded look like they are giving us no other options for repairs of the vehicles. I have read the reviews of this company and I am not pleased at all… What are our rights for this situation. Can they make us use them or do they have to pay according to my estimates so that I may take it to the shop of my choice… I am just wondering becuase I am not pleased with how any of this has been handled and Im not settling for some crap job.. My car may not be a $50k car… but it is mine and I have worked very hard for it… I have only 2 payments left on it…. What is the next step.. Thanks for any advice you can give!!
June 20th, 2013 at 12:52 pm #Jason

Kristen,
They can’t make you do anything. You would have to go along with their recommended action of settlement and since you don’t want to do that, you have another option.

Simply file a claim with your insurance carrier for the damage to your car. You will need comprehensive coverage within your policy to do this. Sure, you might have to pay your deductible, but your insurance will then turn to the negligent person’s insurance company and demand that they reimburse what your insurance company paid, including your deductible.
June 20th, 2013 at 1:11 pm #Kristen

I figured that would be the answer. I am trying to keep from filing a claim with my insurance. My deductible is high and to be honest, I just don’t have it right now. However, shouldn’t the other company be financially responsible to repair my car. Why is it such an issue for them to cash us out and let us get the work done where and when we want to. Afterall, it is their clients fault that any of this happened… And that is what we pay the premiums for. I know that they are going the very cheapest route to fix everyones vehicle.. Its not about the money.. But it is about doing what is right and what is fair. And to be honest.. Im not sure that I have ever seen two estimates so close (none that I have had have ever been on $31 difference.. usually hundreds of dollars difference) I am one that doesn’t back down easy.. maybe my better bet would for several of us to retain a civil attorney and go that way.. Thanks for your response.
June 20th, 2013 at 1:55 pm #Jason

Kristen,
If you insist on working with the contractor’s insurance, then you have to determine if their proposal to settle your claim is fair or not. Settling a claim depends on all party’s being content with the settlement. Insist on an acceptable settlement or don’t settle with them until the settlement parameters are acceptable to you. Remember, they want to settle your claim and you have to agree to the settlement terms. If you don’t agree, then the claim is not resolved.

I foresee the company removing the over-spray from your car with some sort of chemical solvent that will remove the over spray and a good portion of the clear coat of your car. Their method may make sense but thinning out the clear-coat layer of your car’s finish will then need to be taken into account. After the over-spray is removed, they should reapply the clear coat layer to the level it was before using the chemical solvent.

Getting an attorney will be paid out of your pocket and if you can’t come up with your deductible, you have to realize an attorney will be much more costly than paying your deductible – your deductible that you will eventually recover.
June 27th, 2013 at 5:20 pm #Carla

Hello, we don’t carry collision, so not much help from my insurance. My parked car hit in preschool parking lot. Woman who hit me gave me her insurance info at scene. They accepted liability, issued $1000 check for claim exactly one week after the incident, then a few hours later called to say they cancelled check and are denying claim. The woman claims I was moving. Gas station across street has video of my parked car being hit but insurance co says it is not clear enough. I did not get witnesses or file police report. (I assumed the woman who hit me would be honest, silly me.) What is my recourse, please. How clear does the video have to be. In my word vs hers, if I can produce video, is that something? Does the fact that she gave me her insurance info but did not get mine prove her liability? Is “mistake” a sufficient reason for their first accepting liability or do they have to give better reason for accepting then denying? Thank you.
June 27th, 2013 at 7:56 pm #Jason

Carla,
The insurance company can change their position even after they issue a check. They simply remedy that by stopping payment on that check and informing you of that action.

The only measure you have left is to sue this woman. Her insurance company will substitute themselves in the position of the other woman as the defendant. If you can get that video and it supports your claim, then that may be the only option you have.

You have to realize that the effort to sue this woman might not be worth your time, effort, and stress. It’s entirely up to you though. I think the hardest thing may be to get the video from the gas station. If the insurance company already has that video, you can ask the the insurance company for a copy in the discovery phase of the legal process. The court may not require the insurance companhy to turn it over as discovery if you have the means to obtain that video on your own.

The insurance company can change its liability decision for any reasonable change or addition to their understanding of a claim.
July 2nd, 2013 at 12:58 pm #Devin

I own my vehicle. I haven’t been in any sort of accident, but recently my transmission imploded, and my clutch went bad, and AAMCO gave me an estimate of 3950 dollars. My car’s value is around 3000 dollars as it stands. Is it possible to call it a total loss? And would that total loss effect my insurance costs?
Thanks in advance.
July 2nd, 2013 at 5:38 pm #Jason

Devin,
Automobile insurance doesn’t provide coverage for failed or worn transmissions and clutches.

As far as what you should do with your car is sell it as is and then buy a replacement. It doesn’t sound like sticking $4000 into a $3000 car is a good idea.
July 3rd, 2013 at 2:08 pm #Grace

A guy backed out of his driveway when i was driving by, and hit my car. He later denied it. My insurance company determined I was not at fault but, since there were no witnesses, his company refused to pay. My company tried to get the money from them, but they refused to pay. My company recommended I take it to small claims court. I won my case, and was paid the full amount of damages. My company had issued me a check (less my deductible), since they said they could not pursue the other driver unless they had a financial stake in the matter. When I won my case, I called my company and told them I was paid in full, and they closed the claim and I destroyed the check they had sent me. Then I went back to my company, because they had given me the lowest estimate to fix my car. They said in order to use them and their estimate, they had to reopen the claim. They did, and I got my car fixed. Then they sent me another check for the damages, less my deductible. My question is, am I allowed to keep their check? I have already collected from the other driver through small claims for the entire amount.
July 3rd, 2013 at 3:12 pm #Jason

Grace,
If everything you said is accurate about what your insurance company said and did including what you told them, your company’s adjuster doesn’t seem to understand what is going on.

Here is what should be the final result – You should have your car’s damages paid for in full, including your costs involved in suing the other guy. Technically, the rest should be sent to your insurance company.

Now, with the understanding I have and the probable amount of damage was not much (guessing between $1500 – $2500), your insurance company probably closed your claim. With a closed claim, they don’t expect any additional activity for that claim. This would include collecting from the other person’s insurance or you returning some of the funds.

I will refrain from answering your question.
July 5th, 2013 at 6:02 pm #Eric

Hi. I had a fire at my home. I’ve been told it is an electrical fire. The insurance company has found me a place to stay and have furnished it. It has been 6 weeks now and their lawyer has sent me a letter ordering me to take a EUO. Not only do I have to take one my daughters father has to take one. He doesn’t live at the home now, but he is around alot. Where you would think he lives with me.I have given them a autherization to look into my private life. I signed the sworn statement. I feel like they think that I had something to do with this fire. I feel like they think I set my home on fire. I am low income but I manage. I’ve managed to pay them every month and yes often I would lapse or be late but I paid them and have been since 2009. I’m hurt, angry, and depressed. I say that I have nothing to worry about because I’ve done nothing wrong but once I started looking over the internet I see that they don’t want to pay out claims. Its said. I have set an appointment to get a lawyer to represent the both of us. Im self employed and they are asking for documents I dont know how I can come up with. I called the phone company to get tower locations on the calls for the dates they requested that I think will not be a problem but they have requested the content of my text messages and the phone company doesnt save those att doesnt have those even if court ordered. What is going on Im so upset it is affecting my life in everyway. This has been the worse month of my life. Please give me some advise. Do they think I’ve committed arson. Why dont they understand how hard it has been just having a fire the stress. They say you in good hands. No your not.
July 5th, 2013 at 6:07 pm #Eric

Hi, I’m sorry I’m Eric girlfriend. It was my home that caught a fire. He thought that you could give me some insight on whats going on.

Thank You
July 6th, 2013 at 8:59 am #Jason

Eric’s g.f.,
Continue collecting the information they’ve asked for and send, or deliver, it to them as request. Continue with your efforts to get an attorney. It may be best to get 2 separate attorneys – one for your child’s father and one for you. Your attorney can explain this to you.

They probably think you or someone who acted at your direction caused the fire. They do understand how stressful this is for you. It is supposed to be stressful so they can get the truth. People panic under stress, and they make mistakes. If someone is not telling the truth, they expect the truth to surface. If you had nothing to do with the fire, that should be your goal as well.
July 8th, 2013 at 11:49 am #Clayton

I hit a deer with my truck while driving to work at night. I could not tell if there was any damage to my vehicle in the dark, but I called right away to report a deer hit. I told them I would call back if there was any damage. When I did look at it, there was no damage that I could see (I was driving slowly when it occurred). I lowered my deductible from $250 to $50 promptly because the thought of hitting deer and having a huge bill hit home for me. A couple of weeks later I actually hit another deer on the same road at night. Here in VA it has been cool and wet bringing the deer out onto the roads. This time, damage did happen but it was very minimal. It only cracked my chrome inside my headlamp casing. I called back in to report damage and they immediately accused me of “fishy” practices and insinuated that I was committing insurance fraud because I had lowered my deductible a couple of weeks prior and essentially the same thing happened again all the while not making a police report. They assigned a investigator to my case and 4 different insurance agents called me wanting me to record my answers to their questions over the phone. I declined to do this. I asked them to come look at my car and they declined and said they would not do this. Only until a investigator was assigned a few days later did he want to come interview me at my residence. At that point I had had enough and called in to cancel my claim. I can fix the stinking thing myself for around the same as my deductible by buying a part at a junkyard.
After I canceled the claim by phone, I then received a letter in the mail from the investigator called a claims withdrawal form, essentially saying that they were going to question me about both claims on file, and that no payment would be made and I requested no further consideration be given to these claims. It also states that the withdrawal form is being made on my own free will and I acknowledge that no threats have been made to me by the insurance company or any representative hereof.
I have to have a witness sign it with me. Is this legal? Is this an attempt to cover their butts and erase themselves of any legal ramifications of harassment? They have been calling me a bunch and not once have they come out to actually look at my damage and no payments have been made to me. Out of 5 years of insurance coverage with this company I have only made one claim for roadside assistance!!!!
Should I fill this form out? What implications do I have form filling it out? Is this a normal procedure when canceling a claim?
This is maddening and pathetic. I will probably switch insurance companies as a result!
I would appreciate any comments. Thanks
July 8th, 2013 at 12:32 pm #Jason

Clayton,
The insurance company needs to treat coincidental information and unfounded suspicious events in the same way they treat a bonafide claim. Their actions are based on assumptions and unless they have facts that support that your claim is fishy or fraudulent, it seems they have crossed a line.

The form they want from you is a formal closing of your claim with them. It is primarily to justify their closing of your claim without payment, even though it seems like a payment should have been made.

This is not legal advice but it seems like the only reason they want your signature on that form is so they can tie off loose ends on their part. I don’t think you have to finalize their inappropriate actions. They can close the claim file without your signature. It is likely your signature wasn’t needed to open the claim so why would it be needed to close it?
July 12th, 2013 at 12:44 pm #TONI WINTERS

ON 4/16/13 I was t-boned passanger side were i was sitting damage to the truck 10,000. medical ? the woman that hit us claimed fault to polce and ems her insurance paid truck damage within that same week . the med ….suprise to me falls under no-fault ,which has no paid as of yet keeps giving me its normal for the bills to go into collections first we will pay sooner or later . well hospital & doc are sending me copys of insurance denil which states that i have not giving them the proper forms (which ive already filed out more then 10 xs for them the s paper along with the same bills and mail 10 or more back to insurance company ) .when i call to ask them what forms they say the the hospital and doc are supose to sign and return them to them inorder for them to pay and that is why there getting denils from us ??????? well they are now in collections i have no idea if this is normal .
July 12th, 2013 at 1:53 pm #Jason

Toni,
If you have questions about what is going on, talk to the claim representative and ask as many questions as it takes for you to understand what is going on and what you can expect.
July 12th, 2013 at 6:30 pm #TONI WINTERS

Jason.Thank you , I guess what Im asking is….is it normal for medical bills to go into collections before the insurance pays them ? You see I dont want to jump the gun and hirer a lawyer, I simply want my bills paid and not suffer a additional injury to my credit rating , or be in a position were I should have done this or that . I have ask alot of question its always this is how is done and it maybe I dont know, so I took this opertunity to see if you could help . thanks again
July 20th, 2013 at 2:28 pm #Steven Hines

A friend of mine was making a left turn onto a street and the driver in that lane in front of her decided to backup striking her car in the door. She had already made the turn and was stopped when she was struck. He was talking on his cell phone at the time when he hit her car. The police were called and the guy told the police that he accidentally hit her car. They exchanged info but the police did not do a report. The guy clearly hit her in the door causing the door to stop opening. My friend called his insurance company to file a claim and found out that the guy told his insurance that it wasn’t his fault so they denied her claim. Since the insurance company was playing hard ball with her and see needed a working car she has since traded her damaged car into a dealer for a different car. Can she still bring a law suit against the driver that hit her even though she traded the damaged car in. Please advise.
Thanks
July 22nd, 2013 at 7:32 am #Jason

Steven,
Yes she could but since she no longer has the car, there doesn’t seem like a need to pursue that remedy.
July 24th, 2013 at 5:14 pm #Jim johnson

My home was recently robbed while I was at church. Forced entry was used. The police came took the report and investigated. I reported the burglary to my insurance company the next day. I reported everything missing to the police including where I purchased and estimated value. my claim was sent to Special Investigations almost immediately due to the value of the items stolen. I gave a recorded statement to the adjuster although she was very nice she did ask some rather unconventional questions. She informed me she would be sending me a sworn proof of loss form, I know his form is required per my policy…other forms sent were an authorization to release financial, credit, employment, criminal….misc form, and a non-waiver agreement. No where in my policy states that I would have to sign these forms which I feel is very intrusive and unreasonable being that they are not specific to the claim itself instead an investigation of my personal life. I am fine with doing the EUO if required but I will not release access to my personal affairs that have nothing to do with the claim. If anyone has an opinion on this or advice PLEASE PLEASE LET ME KNOW…thank you
July 24th, 2013 at 6:08 pm #Jason

jim,
Yes, you did agree to the terms of your policy that allow them to fully and thoroughly investigate any claim you present by wording similar to these taken from a common property policy:

Cooperation — All “insureds” seeking coverage, and the representative or representatives of all “insureds” seeking coverage, must cooperate with “us” in the investigation of a claim.

If you do not have anything to hide, it should not be an issue to allow access to the information the insurance company requests. I personally believe it crosses the line but words similar to those above are found in nearly all property insurance policy.

If you have additional or follow-up questions, simply submit another post.
July 25th, 2013 at 4:36 am #Jim johnson

This is what I found out as far as cooperation clauses in my policy “none exist in pertaining to the discovery of personal, financial, employment history of the claimant. What this requires from speaking with my agent is that I cooperate with their investigation in said claim not policyholder. Very thin line. The fact of having something to hide is irrelevant. My lawyer stated no one is required to give unlimited access to their financial records and or personal history. In an insurance claim this is unreasonable point blank. These releases are included with the proof of loss and other documents as a tactic, people sign them without knowing its not required. no claim can be denied for refusal to sign or release this information. An insured’s duty to cooperate with its insurer in the investigation and potential payment of claims is essential to the insurance relationship and is often a condition precedent to coverage. As the Supreme Court for the State of Washington recently affirmed, however, an insurer’s ability to deny coverage based on lack of cooperation is limited. Staples v. Allstate Ins. Co., No. 86413-6 (Wash. Jan. 24. 2013). To do so, the insurer must demonstrate a substantial and material breach by the insured of the cooperation clause that results in actual prejudice to the insurer. In other words, where the insured has substantially complied with the cooperation clause or there has been no prejudice to the insurer, a denial of coverage for breach of cooperation will not stand.

In short, for an insurer to deny coverage based on breach of the cooperation clause, the insurer must show a substantial and material breach of the cooperation clause that results in actual prejudice.
July 25th, 2013 at 8:50 am #Jason

Jim,
That is great that you have an attorney. Let your attorney know you are soliciting information from this site. If your attorney is reliable and competent, he will advice you not to post on this site.
August 1st, 2013 at 9:51 am #G Gunner

My boat was damaged during Sandy hurricane.
I had hull and liability insurance. The boat is a total loss. And State Farm paid the full amount.
But the marina sent me a bill for the recovery/salvage of the boat to the tune of almost $4,000. Most boat insurers I heard paid these bill as part of the liability insurance but State Farm refuses, saying that the issue was not caused by the usage of the boat – and is thus not covered.

I am dumbfounded. Any ideas what I could do now?
August 3rd, 2013 at 2:27 pm #Jason

G Gunner,
The coverage for the boat’s recovery would be part of the hull coverage, much like the towing would be for a car that was in an accident and needed to be taken to the repair shop.

Of course there is no liability because of the boat but that is not what the bill is about.

Talk to the claims manager. If that doesn’t resolve this, write a letter to the CEO of State Farm about your situation and what the claims department is doing.
August 5th, 2013 at 1:08 pm #Andrew Bowden

Hi, I was in an automobile accident about 3 months ago. Three horses and a donkey got out a fence and ran onto the rode, I hit one of the horses and it did a lot of damage to my vehicle. The owner of the animals insurance is going to pay for my damages, but her insurance has taken so long to get this claim underway I have been without a vehicle for almost 3 months now. They just out an adjuster today which is August 4 and my wreck occurred back on May 21. They would not pay for me a rental car because I am under 21 years of age. Insurance only wants to pay 11 days of “loss of use” , but my wreck occurred 76 days ago. How can I make them pay for this? And the delay was the insurance agencies fault, they even admitted on the phone.
August 5th, 2013 at 3:26 pm #Jason

Andrew,
You are not going to get them to pay for more days for loss of use unless you complain to them a lot. Then they might cave and allow more days, but certainly not 76 days of loss of use.

The other alternative is to turn it into your insurance company if you have physical damage coverage. Your insurance would then collect your deductible from the other insurance company and reimburse it to you when they get it.
August 6th, 2013 at 8:01 am #gotmetwisted

i had motorcycle insurance with #1 (ins.company) and having only a M1 permit and a valid class C dl. i wanted better full coverage, found ins.company #2 whom nobody could match, agent granted policy with #2 and canceled #1. BUT 1 month later i completed/passed msf safety program, M1 dl on its way, dmv written test passed too. but now ins#2 is preparing a rejection of my policy due to certain stipulations that only #2 requires for their policies on motorcycles, which are having 3yrs riding exp, but with a M1 licewnse, not a permit…. theres a clause, i can keep policy only if i had a automobile as my primary vehicle. but the bike is my primary,,//…. my point and Q is= they’ve already granted me policy, never asked whether i had M1 or permit, plus iam sure they under quoted me and thats another reason why they want to renigge. CAN THEY LEGALLY CANCEL MY POLICY? CAN I LEGALLY STOP THEM GIVEN MY CIRCUMSTANCES.,….????
August 6th, 2013 at 8:16 am #Jason

gotme,
Yes, they can cancel your policy at any time with the proper amount of written notice. No, you cannot stop them from canceling your policy.
August 7th, 2013 at 12:37 pm #Marjorie H. Coffey

I no longer reside in my home. My insurance company cancelled my policy. Is this lawful? The home is deeded to me.
August 7th, 2013 at 8:07 pm #Jason

Marjorie,
With the appropriate notice, such as 30 days, the insurance company can cancel your contract for any reason they choose. You can do the same thing, but you are not required to give them advance notice.
August 8th, 2013 at 1:56 pm #Sean

Hello,

3 weeks back, I got a 2013 Sonata worth $18,000 and I got it financed from a credit union. Yesterday, there was a hail storm and my car got quite a few dings now 🙁 My deductible to My insurance comprehensive is $1000. I don’t know how much it costs to get it done(not sure at all.. may be a lot may be very little). I would get an estimate from the adjustor in couple of days. I already spoke to my insurance provider and they told me that they can send a two-party check with Lien holder’s name and my name on it. As I still owe a lot of payments on the car, can I just ask the Lien holder(credit union) to pay it towards the principle. And do I still have to pay $1000 ??? Im confused.. Or is it better if I get the vehicle repaired. I’m not in a financial situation to put in $1000 now. But I dont want to a complete looser here as I got a new car and it got hit by hail storm(totally not my fault) and live with these dings and still keep paying the same amounts till the end..
August 8th, 2013 at 2:08 pm #Jason

Sean,
You don’t have to have it repaired. If you want the bank to apply it toward your balance, you can. They lost value in the collateral and if they lower their exposure by appying the insurance check to your balance, that would make it so their collateral was valued at enough to support your loan.

It’s entirely up to you.
August 8th, 2013 at 2:16 pm #Sean

Jason,

Thank you very mcuh for the prompt reply.

I think the answer you gave is a big relief to me. I was so much worried if the bank would do such stuff or not. So, in this case (I dont wanna get ir repaired) the more the adjustor’s estimate is, the happier I am ?
August 9th, 2013 at 3:15 pm #RED

a friend used my motorcycle without my permission and someone ran the light and hit them. I haven’t pressed charges because i didn’t want to send anyone to jail. I plan to go to civil court, but now they are suing my insurance company. what should I do?
August 9th, 2013 at 5:03 pm #Jason

Red,
Nobody can just sue your insurance company. They would have to sue you as the owner of the bike. It seems you have no liability because you didn’t give your friend permission to ride the bike and it doesn’t appear you did anything negligent.
August 14th, 2013 at 5:55 pm #Crystal

I was in a hail storm a few weeks back and filed a claim with my insurance company (GEICO). They hadn’t yet sent an adjuster out to look at it because they’ve been so bogged down. BUT, yesterday I was in an accident that was not my fault. I’m not sure if the other drivers insurance company (State Farm) will total my car or not. I do have the car financed still. So the question is: what happens to the hail damage claim if they total my car from the accident? Do I apply the hail damage to the loan and collect a partial from the accident? Or will they cancel the hail damage claim? I’m so confused!
August 14th, 2013 at 6:12 pm #Jason

Crystal,
Gieco should pay you for the hail damage. State Farm should pay you based on the damage you had. If the car is totaled, State Farm should reduce the amount of your car by the amount of damage you had in hail (Because the hail decreased the value of your car by the amount of hail damage on it.

It doesn’t always work the correct way, but that is how it should ideally be settled with you with both companies.
August 14th, 2013 at 6:42 pm #Crystal

How do they determine the value of the car to be totaled?
August 14th, 2013 at 7:59 pm #Jason

Crystal,
The can use a number of means. Comparable cars that are similar in the market that are available for sale or that have been purchased. An entrenched service company that provides vehicle valuations is CCC Valuescope. You can look it up on the web. A good place for people to go is NADA (dot) com.

Generally an insurance company will total a car if it’s expected repairs are over a certain percentage of the market value of the car prior to the accident.
August 21st, 2013 at 9:48 am #dan

Hello and thanks in advance
I own a building in pennsylvania that had the foundation damaged by
the attempt to install a pump station for the sewer authority by a utility contractor.I filed a claim with there ins.(travellers) and it’s been 9 months
they contacted me and said they feel that they are 50 percent responsible
and the engineers are 50%. the contractor signed a lease agreement with me
taking responsibilities for property damage. he wants to talk to a lawyer
and see if he could have something signed that if they pay for the 50%, that they could not be sued by the engineers for any monies i collect/sue the engineers for. Does this seem right ? and if they signed a lease agreement,
shouldn’t they be responsible for it ? is it common to put 50% blame on the engineers? shouldn’t an arbitrator assign responsibility ?
August 21st, 2013 at 2:05 pm #Rob

I got rear-ended at a traffic light last week on my motorcycle, luckily i wasn’t hurt but my bike got banged up a bit. It’s not gonna be totalled out but its got some pretty good damage to it. I talked to my insurance company after filing the claim and they told me I still have to pay my deductible even though the guy who hit me got the ticket and I was found to be 0% at fault (i was stopped at a red light). Is there no way I can get my deductible waived or paid by the other guy, I just want to get back on my bike before the weather changes, but an unexpected deductible was not in my budget plan, and if I have to pay it my bike will be laid up for the season.

Oh I’m in Michigan (no fault ins. state)
August 21st, 2013 at 8:24 pm #Jason

Rob,
You won’t be able to get your deductible waived. With no fault, that applies to injuries and bodily injury.

In Michigan, you have a Property Protection Insurance policy which pays for the damage to your vehicle (after your deductible) no matter who is at fault.

Michigan is kind of backwards in that it doesn’t matter who is at fault – you always go to your insurance company to settle the damage to your car or cycle, and not to the at-fault driver.

You won’t get your deductible paid by the other guy or the other guys insurance company.
August 22nd, 2013 at 5:38 am #G Gunner

Jason / Rob
Since when does a deductible apply to liability?
August 22nd, 2013 at 7:46 pm #Jason

G Gunner,
Probably not in any instance you or I will ever be involved with but there are liability deductibles for large businesses. It’s an incentive for businesses to be careful when it comes to their liability position and can keep the expense of the insuring company to a minimum if it doesn’t have to handle smaller claims that the company will take on because it is under their deductible. It also makes the insured partially bare the cost of their negligence instead of transfering it all to an insurance company.
August 22nd, 2013 at 8:16 pm #G Gunner

Jason,
So why would a deductible apply to Rob who got rear ended?
It should only apply if his collision is fronting it and the other party is not or not yet determined to be guilty. But since other party is responsible their liability has to pay in full.
Or what am I missing?
August 23rd, 2013 at 9:29 am #Allen

Hello!
I have recently been in a car accident and only had the car for about a month. When I bought the car the insurance was through my grandpas. I switched it to my own, but unknowingly I just put liability on it. Now, my car is all messed up and now in a towing yard and currently being charged by the day. I can’t take it out without a title and the title is with the lien holder. I don’t know what to do from here?
August 23rd, 2013 at 11:34 am #Jason

G Gunner,
No, Michigan is a completely different world when it comes to liabilty in that state. Each person insured their own property and liability, except is extreme cases, does not apply.

The only avenue to receive payment for Rob’s loss is through his own carrier. Negligence and liability do not play a part in this when it applies to an incident that happens within the boarders of Michigan. Michigan is the only state that does this. It’s very backwards in my opinion.
August 23rd, 2013 at 11:36 am #Jason

Allen,
You are in a state in which the lienholder holds the title to the vehicle. You will have to contact your lienholder and find out what they have to do to assist you to get your car out of storage. You might want to get rolling on this because those fees are adding up everyday it stays in there.
August 23rd, 2013 at 3:26 pm #Allen

They said they aren’t assisting me in anything with that because it was my responsibility to make sure I had full coverage insurance. I have no way to pick it up or anywhere to put it.
August 23rd, 2013 at 4:48 pm #Jason

Allen,
This is now a lienholder issue and has nothing to do with insurance. You will have to find another way to get your car out of storage. Perhaps your registration information might be what the towing/storage place may accept. You will have to find out.
August 23rd, 2013 at 8:10 pm #Trent

My very recent ex wife rear ended someone and her car as been repaired. I am still a co insured on the policy and was never notified of the accident nor did I sign off on anything. My ex was told by a senior adjuster that if I didn’t sign off then the ins. company owed me the total of what they paid out to repair the vehicle. Any truth to this?
August 23rd, 2013 at 8:30 pm #Jason

Trent,
Seriously, think about it. The insurance company paid for the damage to the car to which you are an insured. The car is fixed. Do you really think the insurance company would be legally required to pay you the cost to fix the car (again) when the car has already been fixed?

Also, what would you “sign off” on according to this senior adjuster? I’m sure if you think about it that you understand that he/she has no clue what he/she is talking about.
August 24th, 2013 at 2:33 am #David

Hi, I was in car accident and was rear ended I have a truck utility box and my bumper is damaged I haven’t got any written estimates but have been told 1,500 to 2,500 or more and I was told today that the adjuster was going to send me a check for 600.00 for damages and if it cost more the repair shop will have to negotiate the additional cost but I owe nothing on my truck and I want to pocket the money what do I do I live in California and not sure of the Laws but I know its an unfair price for the Damages every body shop I went too wouldn’t estimate it because of the utility boxes so the bumper will need to be torched off so I need a specialty shop to fix it but how do I get the insurance company to pay me the right amount and the check made out to me for the damages?
August 24th, 2013 at 3:39 pm #Jason

David,
If you have collision coverage, file it with your own insurance company. You could submit an estimate to your company so they know what the damage is.

In the case of working with this other insurance company, they deemed the damage at $600.00. If it is more to repair it, they will pay an additional amount for the repair. Short of repairing it or submitting the claim to your insurance company, you may have to settle with the $600 or simply get it repaired.
August 28th, 2013 at 7:19 am #William

Hello Jason, My parked car was hit by a drunk drive who hit 4 other cars. I submitted a claim to the drivers insurance company who ignored the claim for 6 months and I finally sued the driver in small claims court(California). The total of the 5 cars exceeds the policy limit and my insurance payment will be prorated to about 50% of the judgment and I will have to collect the remainder from the driver. My problem is that the insurance company wants me to release both the driver and the insurance company to get paid by them. How does a company policy to sign a release supersede their legal responsibility to pay a legitimate claim. If I sign a release can I still try to collect the rest of the judgment since it was made prior to the release. William
August 28th, 2013 at 1:59 pm #Jason

William,
I’m not an attorney and nothing I post should be construed as legal advice. In regard to the release, the insurance will pay your pro-rated amount of the policy limit if you agree to release the rest of your claim. If you don’t sign the release, your avenue to collect is by garnishment and other collection remedies.

You have to look at the entire situation from an objective perspective. You can get 50% of your damages if you sign the release and that’s guaranteed money you will receive immediately.

Or you can try to collect 100% of the amount for your damage. That can take a long time and it’s not guaranteed that you will collect any of it. It all depends how collectible this drunk driver guy is.

If it were me, I would take the guaranteed money.

Please note that if the insurance company is not seeking a full release on behalf of their insured, the information just provided would not be accurate. However, the insurance company’s role is to protect their insured from exposure and I’m nearly certain the release would contain language that relieves the drunk drive from liablity above the check they have offered to you.
August 28th, 2013 at 2:58 pm #G Gunner

William,

How about releasing the insurance company but not the driver. Can you call the insurance and ask them to agree to that? It’ the driver’s fault not to have enough insurance, not the insurance.
September 3rd, 2013 at 11:55 am #Ronald

I bought a new motorcycle from a dealership here in California a few days ago. As silly as it sounds, my parents want me to return it. As to my knowledge and the dealership said the same: The “no cooling-off period” says that just because you don’t want the bike, can’t afford it, don’t like it, etc… doesn’t entitle you to return it.
However, I did some research along-side my parents and we found out that the minute you drive off the lot from the dealership, you need to have insurance coverage for the bike. The dealership did not stop me from riding off and they could care less if I had insurance.
So is this a valid reason to be able to return the bike to the dealership? The fact that they illegally allow their customers to drive off the lot without insurance is against the law, right?

Thank you.
September 3rd, 2013 at 2:17 pm #Jason

Ronald,
The moment you purchased the bike, you were the legal owner. The dealership, and every single person in the world, have no interest in your bike being insured except you. If you get into an accident with your bike, you are the one responsible for the bike and any damage caused.

The dealership did not do anything illegal. They don’t run your life – you do. Because every single state in the country requires at minimum liability coverage to operate a motor vehicle, the only person doing something illegal was you.

Buyers remorse and pressure from parents aren’t reasons to return a bike. I think if you tried to return it, you would be faced with a dealership that doesn’t care you don’t want it anymore.

Keep the bike and always be fully alrert when you’re riding, including knowing what all the traffic is doing around you. Get cycle insurance for liability and physical damage so your bike is covered and so are you in the event you cause an accident . Drive responsibly and ride safely.
September 6th, 2013 at 8:30 pm #MANISH

HI, I LIVE IN HOUSTON, TX. I WAS AT RED TRAFFIC LIGHT AND SOMEONE HIT ME FROM REAR END. MY CAR DID NOT HAVE BUMPER COVER BUT BUMPER GUARD AND EVERYTHING ELSE WAS THERE PRIOR TO ACCIDENT. THE LADY WHO HIT ME, WANTED TO FIX AT HER PLACE OUTSIDE OF HER INSURANCE COMPANY BUT I INSISTED THAT HOWEVER I NEED YOUR INSURANCE INFORMATION AND DRIVERS LICENSE. LATER, SHE PROVIDED EVERYTHING. I HAD CALLED POLICE MEANWHILE SHE GAVE ME ALL INFO. BY THE TIME POLICE CAME IN SHE WAS GONE. ANYWAY I DID NOT REPORT ANY ACCIDENT THROUGH POLICE. I DID CLAIM AT HER INSURANCE COMPANY. 2 DAYS LATER, ADJUSTER CAME IN AND TOOK SOME PICTURE AND LEFT. I CALLED HIM NEXT DAY, HE GAVE ME INSURANCE’S LADY NUMBER WHO SUPPOSED TO TAKE CARE MY CASE SO, I CALLED HER. SHE SAID THEY ARE ESTIMATING, SHE DONT KNOW HOW LONG IT WILL TAKE. SLOWLY SLOWLY 17 DAYS PASSED, SHE STILL SAYING THEY ARE ESTIMATING AND SHE DON’T KNOW HOW LONG IT WILL TAKE. I TOLD HER,I AM NOW DRIVING BEAT UP CAR, AND IT’S BEEN ALREADY ALMOST 3 WEEKS. SHE SAID YOU ALREADY DID NOT HAVE BUMPER. NOW SINCE SHE SAID THAT, I AM WORRYING THAT THEY WILL NOT PAY FOR THE DAMAGE WITHOUT BUMPER COVER. IN THIS CASE WHAT SHOULD I DO? I ALSO WANT TO KNOW SINCE I DID NOT HAVE BUMPER COVER PRIOR TO ACCIDENT, ARE THEY RIGHTLY REFUSE ME TO PAY?? IN TEXAS IT IS NOT ILLEGAL TO DRIVE WITHOUT REAR BUMPER COVER AS LONG AS YOU HAVE BUMPER GUARD AND VISIBLE NUMBER PLATE.. PLEASE ADVISE ME IN THIS CASE. WHAT SHOULD I DO.. THANKS IN ADVANCE…
September 8th, 2013 at 9:07 am #tom bridges

Jason I think you and I spoke a while back and the first contamination may 7,22,13 happened to my home here and black mt NC by a sewer pipe realigning contractor that was hired by the Asheville (MSD Metropolitan sewer District) sewer authority. the re-signing contractor was jetting the sewer line on May 7 which in turn somehow another they don’t know how got up my service line and blue sewer all over the house which damaged the heating system the bathroom to bedroom the laundry room and other areas. That was so May 7 p.m. it happened again on May 22 along with two other neighbors that are beside me and across street. Their houses have been cleaned up and decontaminated but my damage is very extensiveHere’s a link to the story

ttp://www.wlos.com/shared/news/features/top-stories/stories/wlos_sewage-into-homes-11745.shtml

It will be much no progress is been made and the company that did the damage South East Pipe survey from Patterson Georgia. has done absolutely nothing to help me at all. so of course I retain a attorney back in June with the understanding that that possibly could bring a resolve to this but what had happened was the opposing attorney that the insurance CNA professional services (Tom Hedstrom claims adjuster CNA Professional Services
615-886-3401 ) had hired wanted us to file a lawsuit so he could make money for his firm through litigation and bill CNA for his time. I found this disgusting and repulsive that one man directly wants to make money off of my suffering caused by his client. So last week on August 30 discharge my attorney and try to talk directly with the adjuster to resolve this. so we have been communicating which is a positive thing in the last two weeks. Basically my question is to you

1.I won’t be sure that I understand what this claim is called. Local sewer authority MSD hired them to do the specialized pipe relineing projects here in Asheville in other areas is this called a third-party claim? Or what? am I the claimant? MSD has passed the buck to the contractor’s insurance company.

2. so as I communicate with this adjuster Tom Hedstrom I have sent him all my estimates,bills, decontamination, IEP protocol invoice, pre-much everything that I have incurred and future incurrence to get my house full of restored.

he is focusing on getting my repairs done first from the estimates I give them and wants me to sign a partial release then after that done he wants us to come up with a final figure for damages sign another release. I’ve been straight up with him and told him from the very beginning That this is not the way I want it done and I will not sign upon his release this guy has been an adjuster for 26 years. So he knows all the tactics.

The question is here in North Carolina what are the laws say insurance adjusters must be fair or settle claims fast and equitable. I have a copy of the contract that MSD and SPS In multiple places it says content or will be responsible for damages. And the types of insurance the term special type builders risk insurance they must have and continue to carry for over a year after project is finished I scanned pages from the contract, insurance ,, if there is damage to property they are to settle it quickly.

What’s the best way to deal with this adjuster And how can I educate myself to know he’s got kind of pull fast one about the whole partial settlement thing signing a release. Thanks for your help.

T wyatt bridges FINDERS & FIXERS 16 forest ln black mt NC 28711
828-2426877
twbphotos@mac.com
September 11th, 2013 at 2:35 pm #D Lamont

I hit a pothole and notice that my front right side suspension was damaged. The rim was bent and I noticed an odd sag. I looked it up and found that the perch holding the strut/shock had broken on that side. Took it to a shop and the adjuster stated that it gave way because of a rusty strut/shock and not the accident. They state that both sides are rusted, but the other side is holding up. the company is trying to deny the claim stating is was not due to the accident or collision with the pothole. I refuse to believe that and need to know what I should do. I’ve scheduled for another estimate. Can they deny me this claim? What should I do? The car is solid and looks great to be 20+ years old.
September 11th, 2013 at 3:18 pm #Jason

Manish,
It sounds like they are delaying your claim. It doesn’t matter if you did or didn’t have a bumper on your car. The lady caused damage to your property and her insurance company needs to pay for it.
September 11th, 2013 at 3:25 pm #Jason

D Lamont,
Get another estimate. You probably need to get statements from the repairers that the damage was the result of your impact with the pothole and not due to rust. They can say rust may have weakened it but the damage resulted from the impact with the pothole.

Keep the pressure up on this insisting that the impact with the pothold caused damage to a part that was partially rusted. The rust did not cause the damage, rather the impact did. Convince your insurance that absent the collision, you would not have a damaged car. Focus on the damage to the wheel too.

If that fails, sue your company for payment.
September 12th, 2013 at 11:11 am #mike

Okay I had a fire about 3 weeks ago and have had 3 contractors look at my house and give me close to the same repair cost. I just hurd back from the insurance company and the amount they told me it would cost to repair my house was only half of what the contrators estamnets were. What do I do? They told me they would make the payment out to me but I don’t care if I end up with money I just want my house repaired.
September 12th, 2013 at 11:34 am #Jason

mike,
Make sure that both the estimate from your insurance company and the contractors entail the same repairs and that all the repairs are covered by your insurance. Pick a contractor that you want to conduct the repairs and have that contractor work with the insurance company to arrive at an agreed repair price for the damage covered by your insurance policy.
September 13th, 2013 at 2:54 pm #Craig Coles

My 2009 Altima was struck by lightning and my insurance company totaled it, they say it is worth 2 to 3 thousand dollars less than what I come up with.

Do I have any recourse? Or do I have to take them at their word. I found cars like mine in my area that are selling for 2 to 5 thousand more than their figure. Sent them the ads and haven’t heard anything back.
September 13th, 2013 at 3:46 pm #Jason

Craig,
What you are doing is the right thing to do when you dispute the value they are giving you for your car.

They have likely ordered a valuation report from a company like CCC Valuescope. On these reports, the insurance company can select your car’s condition and it is something like excellent, good, fair, average, and poor.

The difference from a car being reported as “good” can differ in value by a considerable amount from a car that is reported as “fair”. The terms they use on the specific report they ordered may not use the same condition words I have used.

Ask for a copy of that report – you are entitled to a copy because it is specific to your car’s value. Look for the condition of the car they reported on that report and make sure it is consistent with the condition of your car. If you cannot find that condition term they used for your car, ask them what condition they reported your car and ask them to justify their selection. Whatever they tell you is the condition, insist that they move it to an accurate condition selection, which will likely be a better rated condition. That may just make up the several thousand dollars that you are talking about.

You can look on the NADA (dot) com site and they will provide you standard industry conditions for cars. A car that has been well-taken of and only 4 years old should probably be rated as the term next to excellent.
September 16th, 2013 at 3:52 pm #Joey

Hi, I just have a quick question. First off I was hit on Tuesday by a elderly man. He only had liability on his car and we contacted his insurance. They said his insurance was still active. They claimed full responsibility and came down and took pictures. Then today they called me back and said that they canceled his insurance the day before he hit me. Now I have to pay for everything. Can the insurance company do that??? Reply ASAP please.
September 16th, 2013 at 4:06 pm #Jason

Joey,
It’s not a matter of can they do it, because they just did it. Is it fair? I don’t know. Insurance cannot be cancelled unless appropriate notice is given to the customer. If the guy doesn’t have insurance, you can ask that he pay for the damage out of his pocket.

We don’t have enough information to provide any more details. Did you contact his agent who provided confirmation of insurance? We don’t know any more about this than you do.

If you have physical damage insurance, turn it into your company. If you don’t have physical damage insurance, you have elected to personally absorb any damage that occurs to your vehicle.
September 21st, 2013 at 12:47 pm #Julio

Hello, I had a question about an accident I was in.

I was driving in Golden Gate Park in SF, when a group of tourists where in a rental car ahead of me. They pulled over to the right, and It looked like they were going to park, but instead, he tried to pull and extremely fast illegal u turn.

I tried to swerve out of the way but he hit my right side of my car pretty bad.

It was clearly his fault, and since he was in a rental car and had gotten the insurance, he didn’t seem to care very much, since he knew he was in the clear. Anyway, I have only Liability coverage, so when I called my insurance company, they said to fill a claim with the rental cars insurance company, which is what i did.

So I went through to process of talking to their insurance about the accident, and adjusting the damage to my car. They offered to pay for my whole vehicle, since it was considered total. They offered me $5,500, which was very fair. This insurance company that I spoke to was called Rental Insurance Services.

So they sent me my check in the mail, and I thought it was the end of it. But today, I got a bill in the Mail from Enterprise Rent a Car, for $1,227. They want me to pay the damages of the car that hit me! I was completely shocked. Why would I have to pay damages for the car that HIT ME and totaled my car? The damage sustained to the other vehicle was caused by his illegal U Turn. I had 0% fault.

Here are some quotes from the letter.

“As of the above date, we have not recieved a response from you regarding our claim as documented in our previous correspondence”

-I have no idea what they are talking about, I’ve never spoken to anybody from Enterprise.

“If you have reported a claim to your insurance company, please contact us immediately with your pertinent claim information”

-As I said above, I spoke briefly with my insurance company, but they told me that since I was the one who was it, my liability did not cover it, and they told me to go through the other Cars insurance.

“If you do not have insurance or wish to pay this claim yourself, you will need to remit your payment to the above address within (10) days of the above date. Please include our claim number on your payment. If you prefer you may also use debit card, credit, or directly from your bank account”

“If you have any questions regarding your responsibilty for this loss, please contact our office. Failure to respond could result in additional collection activity. Your prompt to attention to this matter is appreciated.”

So yeah, in conclusion, I was hit by a rental car full of tourists, who knew it was their fault. I contacted their insurance, they considered my car totaled, and paid me 5,500 for my car. Now, a second insurance company is charging me 1,200 for the cars damages that hit me.

So why am i being charged? I did NOTHING wrong and i followed all of the directions that they said. Any advice would be appreciated.

So I was wondering what is going on?
September 21st, 2013 at 3:26 pm #Jason

Julio,
The state of California follows Pure Comparative Negligence as its standard when there is a negligence claim. This just means each party can collect the full amount of their damage from the other party, less the percentage of fault they contributed to the damage.

It seems if the other insurance company is asking for some money from you, they must have assigned some blame to you.

You have liability insurance and you should send that letter to your insurance company and let your insurance company hash it out.

Let’s say your insurance company agrees you are 0% at fault. Your insurance company will not pay anything toward the damage of the other car. If they find you 10% at fault, they will pay 10% of the damage to the other car.
September 21st, 2013 at 3:54 pm #Julio

Hey Jason thanks for the response.

I will contact my insurance on monday, since they are closed until then.

Another question, if the insurance company were to find that i was 10% at fault, would I have to pay the remaining 90%? Or would that no longer be my responsibility?

Also, who determines how much each person is at fault? Hopefully not them.

I will talk to the insurance guy on monday, for the first time. Is there anything I should do or avoid doing when I speak to him?

Thank you so much!
September 21st, 2013 at 4:09 pm #Jason

Julio,
Let’s assume the total damage to the other car was $3000. If you are found 0% at fault, your insurance company would pay nothing.

If you are found 10% at fault, your insurance would pay $300. The remaining 90% belongs to the other driver that was doing the u-turn. (This just means the other driver’s insurance can’t collect 90% of their car’s damage.) The concept of insurance is to transfer the personal financial obligation to the insurance company. Insurance accepts the liability/obligation in return for the premiums paid to get an insurance policy.

Again, let’s assume the other insurance company assessed 90% to their driver and 10% to you. Your settlement they paid to you was likely 90% of the total value of your car.

When talking to your insurance company, just tell them the truth. There is nothing wrong with the fact you were paid for the total loss of your car by the other company. That’s the way it’s supposed to work.
September 23rd, 2013 at 1:58 am #Clayton

Hey, I made a comment back this summer about my claim…or lack thereof. Three months after I cancelled my claim because I actually fixed the part that was damaged on my truck for $74, the company informed me that my 6 month paid premium for my truck would be cancelled this coming November. I have never had my auto insurance cancelled. In the last 10 years of having insurance, I have made one claim and that was for a dented bumper that someone backed into me at a parking lot and left the scene and that was over 5 years ago.
I have a very low insurance payment per month because of me being in a low risk category, ie. good credit, awesome salary, graduate degree, line of work, no reports for damage in a long time, etc.
They informed me that they were cancelling my insurance due to the fact that I did not give them recorded facts of my case when they requested even though I cancelled my claim and they never paid any monies to this claim. It really upset me…And I will go ahead and slander them here. GEICO is some crap insurance. After doing a google search I see that this company treats people like crooks and there really is a lot of negative reviews from consumers.
Will this in any way hurt my chances of switching to another insurance carrier?
September 23rd, 2013 at 6:40 am #Jason

Clayton,
No, people switch insurance companies all the time. Do your research about the next company before you insure with your new company.

Also, slander is the making of false and damaging statements about someone. Your statements are true so it’s not slander.
September 24th, 2013 at 3:25 am #Shak

Hello, I was trying to park in my friends garage which is really small drive-way. I accidentaly hit the wall and my car got some minor scratches and dents; some paint fell off nothing serious. I was wondering if I make a claim to my insurance would they be able to help me and get the paint repaired? I have full coverage if that matters. Will my premium go up Because I was the one that caused the incident. Would it be more convenient if I pay it off out of my pocket? I haven’t gotten any estimates from body shops, so far a friend of mine told me it would cost up to $500.00. Any suggestions? Thanks!
September 24th, 2013 at 7:42 am #Jason

Shak,
You have insurance for these kinds of things. Your premiums may go up but the increase in premium should not be significant.

Convenience isn’t a concern. You have insurance because that transfers the burden of paying for damage to your car to the insurance company.

Don’t rely upon any estimates from friends because their information isn’t going to be accurate. Instead get an estimate from a body shop and you will know. It’s probably safe to say the damaged is well over $500.
September 24th, 2013 at 12:11 pm #Megan

I got in an accident over a month ago and my insurance company and adjuster will not return our calls about when the car can be taken in to get fixed. Is it possible to sue an insurance company over this cause? It is very frustrating that my car isn’t fixed and they will not call us giving us any information on the update.
September 24th, 2013 at 12:44 pm #Jason

Megan,
If they are not returning your calls, make sure to speak with a claim manager. If you are leaving messages, go the extra distance and make sure you speak with someone that can advance your claim.

After just a little over 30 days of delay should not provoke you to sue your insurance company. I don’t know what the delay is but to sue over a delay is jumping the gun.
September 25th, 2013 at 10:16 am #Anne

My husband was in accident and we filed a claim with the other insured’s insurance as it was their fault. We got an estimate and because of the amount they sent out an appraiser to do another estimate. Their estimate was $100 more than the one I got. We own the car free and clear and they are sending the check to me for their appraiser’s amount. My husband is a mechanic and does body work. The damage is very minimal, can we keep the money and just fix it ourselves? I just want to make sure there aren’t any laws against this in WV.
September 25th, 2013 at 10:22 am #Jason

Anne,
Your approach to the repairs is perfectly legitimate.
September 28th, 2013 at 6:12 pm #Adam

Hi thank you for your help. Last time you were very quick on your response, however you did say I had no chance in hell basically of getting my insurance’s claim decision reversed. Well my auto insurance company did reverse a claim decision that I was found at fault for and or going to provide coverage. Now my problem is that during the person got his car repaired and the total amount of damage came out to $8,600. I know its expensive to get cars repaired but I personally feel its to much. I rear ended him and his bumper cover did have a good since dent on a 2010 Honda accord. My insurance is the minimum so only have 5k in coverage. Now his insurance is asking me to pay the remainder and fully expected that, but do I have the right to see what work was done and so forth. I have helped my girlfriend before when she got in accidents and the experience with that showed me that insurance and body shops will recommend to do more repairs then what the accident caused. Do I have a right to ask for proof of the work performed? Also since my insurance was suppose to be handling the claim from the beginning did they have any requirement to oversee what work was suppose to be done and how much damage was actually caused by the accident prior to repairs starting? Just wondering I mean I have had vehicles that have gotten so much damage they were not operational and the repairs were not as much as this. Thank you for your time sir?
September 28th, 2013 at 6:29 pm #Jason

Adam,
When insurance companies make a decision, they rarely change their position. Good to hear about your case that they did.

Yeah, you can request what was done to accumulate that amount of damage. What other work could be done to a car to increase the amount of repairs? Are you suggesting there was prior damage to the vehicle before you hit it? Because that’s really the only other repairs that could be done. Repairs are expensive with materials and labor. Even if you see the the work performed or the invoice, do you expect to see maintenance items on the invoice like an oil, battery, or tire changes? If the repairer is replacing undamaged car parts with new parts, that doesn’t even seem logical.

For $5000 worth of coverage with an expectation that your insurance company would pay all $5000, it’s very unlikely they oversaw, inspected, or were even concerned about the repairs. Their only interest was paying the $5000 and closing their claim.
September 30th, 2013 at 5:27 pm #Adam

Hi Jason

Ok so I did request a copy of the estimate form the other parties insurance company. My major concern was prior damage not maintenance work. I have seen it before were they will basically fix everything they can. Repair shops seem to lick their lips when they know they are repairing a car and insurance is involved. As for my insurance company I was just wondering if they would have accepted the claim in the first place they would have been proactive in the beginning. Working with other parties insurance and actually checking to see the damage that occurred and reviewing work being done to make sure it was not excessive. This would have been prior to ever knowing how much it would have cost to repair and just kind of expect that they would want to make sure prior damage repairs were not being done. I would think that if they knew I was at fault and needed to pay for repairs for the other party they would want to make sure the repairs were appropriate so they would not even have to pay out 5k if it was necessary. Since they just declined it at first no one really paid any attention to the repairs going on or made sure things were not being fixed that did not get damaged during the accident.
September 30th, 2013 at 6:14 pm #Jason

Adam,
Your insurance company is/was not concerned about making sure the estimate was accurate or fair on the car. They were only concerned to what address they would have to send the check for $5000.

If you don’t feel like paying the difference above your policy limit, then you should consider not paying it. Especially if the invoice for repairs is truly exhorbitant. Collection efforts for that amount can only be paid on a voluntary basis. (if you pay it voluntarily) They can’t make you pay it unless they get a judgment. If they get a judgment on such a small sum of money, they would be making a poor business decision. Even if they do get a judgment, action to recover the money is burdensome and easy to overlook.
October 3rd, 2013 at 6:09 pm #Pilar Enneper

I had my windshield broken by a truck on the interstate I took it to a shop to have it replaced. The shop damaged my truck replacing the windshield I reported it to my insurance company and paid a 500.00 deductible the insurance company said they would go after the shop for the damages and would refund me my deductible. Now a year later I get a letter in the mail from the insurance company say that the shop had no insurance and that they sent the claim amount to collections and I might no be reimbursed my deductible. Should the shop have a bond or insurance the insurance company could go after?
October 3rd, 2013 at 6:32 pm #Jason

Pilar,
The shop had no insurance. There is no bond or insurance to go after. Should they have had insurance? Probably, but insurance is a voluntary contract between 2 parties up until 10-01-13.

Except now with obamacare, it’s mandatory you have health insurance or you need to pay an exhorbitant fine every year.
October 5th, 2013 at 7:35 am #Lee

My grandson TD, had a simply handwritten agreement with Jim to purchase a motorcycle. He made monthly payments which included insurance for the bike. Jim was the policy holder, TD did not have his own insurance policy and was not listed as a driver on the policy. TD totaled the bike, still owing 3000 of the 8000 dollar agreement. The insurance company sent Jim a check, but neither he nor they will say how much they paid. My questions are:
1. Should the insurance company have included TD’s name on the check?
2. Can he sue Jim and/or the insurance company for the difference of what he owed and the value of the bike?($8000)
October 5th, 2013 at 8:16 am #Jason

Lee,
The agreement you mention seems to be a contract in progress. It makes no sense. Either your grandson purchased the cycle or he did not. The agreement that drags the act of sale/transfer/ownership over several years can benefit only the seller. Which in your grandson’s case it did.

1. No, the insurance company has no legal obligation to include any name on the check except the seller, who is the insured.

2. Your grandson can sue anybody he wants. Will he be successful as you outlined? No, not even close.

How you have to look at this whole messed-up situation is that your grandson leased the cycle until he totaled it. Jim gets paid for his loss because he had insurance on the cycle and your grandson can stop making payments and walk away.

It may not seem fair or right but sometimes things that are not well thought out end awkwardly.
October 6th, 2013 at 8:38 am #Bill

A couple months back I settled a claim, in California, with the insurance company of the party that rear ended me and totaled my car and caused me to receive over $4,000 in medical. I settled because my legal advice was that although my documents showed twice the damages they would acknowledge for determining the settlement and I settled for.

I was told that I had little choice, (I was told by way of a long explanation) that new laws as to damages and new ways the insurance companies determine what they are liable for are very much in their favor, they are in the “drivers seat”.

I was told, no attorney would represent a $13,000 claim, and even if reached my share would be about the same as their offer in the end. less than $8,000. The representative then found that my insurance company, geico, had dropped made whole coverage for all policy holders, which meant they would want reimbursement of their medical payments, over half the settlement $4,700 (I paid the representative 15% in the end) Geico agreed to accept only $2,300. Allstate would not accept any of my economic loss docs. In the end I settled.

Now Geico insist they are due the $2,300 by “voluntary” payment. I am broke, the economy is tanking my business is dead in the water, I asked for forgiveness but they insist on my “voluntary” payment. I don’t have it!

Is their a means by which I can make a claim for economic hardship so as not to pay them? I have asked for such, but they just want to argue that if I do not repay them I have been payed twice for medical, but the doctors made that money not me.
October 6th, 2013 at 9:02 am #Jason

Bill,
You’ve already received legal advice to settle. You may want to present your current questions to that same person.

If you don’t have the money, then you can’t pay Geico. If you don’t pay them, they will have to obtain a judgment to compel you to pay it. It’s unlikely any insurance company would sue for such a small sum of money.
October 7th, 2013 at 4:24 pm #Hannah

I recently had fire damage to my deck and fire pit. After receiving some quotes from contractors, an insurance adjuster came out and met with the contractor and issued an additional insurance check – this time made out to the mortgage company and myself. The mortgage company has endorsed and returned the check to me, but my question is can I change my mind as to which contractor I use if I find a different contractor who could repair it for less? I feel bad for having the contractor come out twice, but the price difference is pretty significant.
October 7th, 2013 at 4:36 pm #Jason

Hannah,
Absolutely. You need to hire he contractor you trust and feel most comfortable with. The agreement you set up with the contractor doesn’t really involve insurance – other than the insurance is paying for the damage.

Don’t feel badly. Contractors provide estimates and make home visits to earn your business. If that higher priced contractor didn’t earn your business even after stopping at your home twice, that is his tough luck.
October 7th, 2013 at 4:44 pm #Hannah

Great, thank you! I forgot to mention before that the claims adjuster had named the contractor in the claim for supplemental damages – that won’t be a problem, will it? The contractor mentioned it would be insurance fraud to not have the deck repaired to the same value as the replacement cost, and when I asked if I had to use him he said he didn’t know, but that he DID come out twice. It feels sort of wrong to make a profit from the higher contractor’s quote, but as long as it’s legal I can deal with it, I just don’t need the insurance and/or mortgage company coming after me.
October 7th, 2013 at 5:05 pm #Jason

Hannah,
It’s your home. You can leave the damage as is, fix it partially, or fix it to a different level as it was before. Why can you do that? Because you are the owner and owner’s make the sole decision on what they have done to their property.

For your mortgage company to sign the check and send it to you means that they don’t care what you do. With fraud, there needs to be a victim or victims. I fail to see who would be the victim as it relates to you to what your do or don’t do. That’s why I don’t believe it would be even remotely close to fraud.
October 9th, 2013 at 12:50 pm #Jenni

I was in the process of switching insurance co. to get better rates. I canceled my automatic payments with previous co. and sent final payment by mail which they did not get in time to keep the policy from canceling. This happened on a Fri. and literally I was trying to get new policy started by the following Tues. With several ??’s and trying to set up new payments. I got the policy set up on Wed. the third and was under the impression the policy would start on the same day. The payment came out of my account immediately. I printed out my new cards and noticed the date was for the next day on the fourth. When I got home from work I called to ask about the error and the person on the phone helped me and started a new policy, collected more money and I thouhgt all was well. During this period my husband was involved in accident on his way home from work and the insurance co is saying I was insured after the accident due to time stamps of the accident and the time the new policy started. They said the person in the morning did explain that the policy would start the next day and that I stated ok (recorded conversation). Can they take an immediate payment and not start the coverage on that day?
October 9th, 2013 at 1:47 pm #Arlene

When we had the storm Sandy I called Allstate (insured with them for 53 years.
The house above me had their heavy tree limbs fall on my property. My husband is 82 and I’m 79. I understand if the tree is on their property and the heavy limbs fell on my property (sloping property area) it is our problem. I would like to sell the house. Is there anything I could do to have them help pay for removal?. I don’t know the people that live there.
October 9th, 2013 at 7:10 pm #Jason

Jenni,
Yes, they can take a payment and start the insurance at a date and time that is different. It all depends what your direction was to them or how you obtained the insurance. Nearly every policy starts at 12:01 a.m. If you are getting insurance during the day, the policy should start the next time the clock strikes 12:01 a.m. the following day.

Insurance companies are very wary of a newly placed insurance policy with a claim that results on the first day or within several days of its inception.

Although there is the assumption that getting insurance online will save you money, my review of online insurance premiums is that online insurance is more expensive in every single instance. Get a local insurance agent if there is any doubt.
October 9th, 2013 at 7:25 pm #Jason

Arlene,
If you can imagine a wall around the perimeter of your lot, you are responsible for anything that effects your property inside your lot walls. It doesn’t matter where the other items originated such as a tree from your neighbor’s lot. All the parts of the tree inside your lot wall are your concern and nobody elses.

You could ask your neighbors to assist with removal but they have no legal obligation to do so.
October 10th, 2013 at 2:07 pm #Ashley

My kitchen caught on fire a few weeks ago, and the insurance adjuster came and did estimates on the damages, I do not own my home but the landlord has insurance on all of his houses, he said I may have to pay the deductible. A week after I recieved a letter in the mail stating that I would have to pay the insurance company back in full $4,933. My landlord and some street thug did the repairs (painted the whole house and replaced about two feet of sheetrock), they also put a used stove in. I found this strange because I didn’t recieve this letter until I reported an income increase to my landlord Something about this sounds fishy to me, I’ve looked for similiar cases but I’ve found nothing.
October 10th, 2013 at 3:53 pm #Jason

Ashley,
The insurance company has the right to ask you to pay the deductible AND the rest of the damage if you were negligent in starting the fire. I don’t know any details of how the damage happened but fires don’t start on their own. If you were in your rental home when the fire occurred, it’s a reasonable assumption that you set the wheels in motion for the fire damage that occurred.

If you didn’t cause the fire damage, then you wouldn’t be held responsible to pay for the damage.

p.s. Don’t report any income increases to anybody – ever.
October 11th, 2013 at 1:48 pm #Jon

Hi, I am looking into fighting a claim that got denied by my insurance company and was looking for advice. My wife drives a Volkswagen Touareg and went through about 1.5 feet of water at the bottom of our street. We didn’t think much of it until a few weeks later our car would not start. We had it towed to a repair shop and after a few weeks of trouble shooting and fuses blowing, they discovered water in the floor boards which is where the wiring harness is located. They said that wiring was bad in some spots so they tried to repair the wiring to save money. The process to FOREVER and after about the 3rd month. They said that they needed to tow it to a Volkswagen dealership. It had been at the dealership for almost 3 weeks and they could not figure out how to fix it and informed our original body shop dealer that this was a serious problem. I decided to look into insurance because i wanted to see if this would apply under my comprehensive coverage. When I checked what I was covered for, it stated Flood Damage. The adjusted inspected the vehicle and stated that this car is totaled. He said if we would have come to him right away he would have totaled it out for us. In his report it states (word for word) “CLAIMS DEPT ADVISES THAT CLAIM HAS TO BE DENIED DUE TO IP01 DIDNT NOTIFY CLAIMS PRIOR TO START OF REPAIR. MULTIPLE WIRE HARNESS SHORTS DUE TO INCORRECT REPAIR PRIOR DAMAGE REPAIR AND DIDNT NOTIFY GEICO PRIOR TO REPAIR”

the next part is what really gets me… it states (word for word) “VOLKSWAGON STATED THAT CARPET STILL WET AND ELECTRONICS STILL WET AND DAMAGED”
They took numerous pictures as well. If the car still has water damage, why is this not being taken seriously. can I pursue legal action?

Jon
October 11th, 2013 at 3:48 pm #Jason

Jon,
There is nothing in your policy that dictates that you need to advise the insurance company prior to any repairs to your vehicle. It probably has wording in your policy that you need to report claims in a timely fashion (or something similar). There is not really a defined time in which a claim isn’t reported in a timely manner since “timely” means something different to nearly everyone.

You really need to keep pressing the insurance company that this claim is a covered loss. If flood damaged, I agree that it should be totaled. Talk to the claims manager about this claim. Talk to that claim manager’s manager about this claim and tell him how you want it resolved. Send a letter to the CEO of the insurance company. State your issues, why it should be covered, that your claim is denied because of random and arbitrary wording not found in the policy, and then finally let the CEO know how your claim should be settled to make this right. Make repeated and continual calls, and send letters, to your insurance company until they pay your claim. You have to make your insurance company know you are not going away until your claim is settled.

If this doesn’t work, prepare to sue. You will probably need an attorney to successfully sue since the insurance company will have at least one attorney defending. Hopefully your insurance company will settle before you have to resort to the court system.
October 12th, 2013 at 11:26 am #shenia

last weekend (on my birthday) a woman hit me, she was charged with dui and leaving the scene of the accident. She was taken to jail. I have liability and pip only. I didn’t have uninsured motorist. Have you ever heard of a company selling out their pip. I just wondered if my insurance would sell out my pip to me cause my car is totaled.
October 12th, 2013 at 11:33 am #Jason

shenia,
PIP is personal injury protection and no insurance company in the world would use that coverage to pay for damage to a vehicle.

I don’t don’t know what you are talking about in regard to “selling out” PIP.
October 15th, 2013 at 12:22 pm #Jon

Hi Jason,

I appreciate your input. Here is the latest news as of yesterday! The company I have insurance through is Geico. I spoke with the Claims rep’s Manager Yesterday and he is now saying that because this flood occurred in May and it is now October, water should not still be in the vehicle. When the Claims adjuster viewed the car last week he noted “VOLKSWAGON STATED THAT CARPET STILL WET AND ELECTRONICS STILL WET AND DAMAGED”

He thinks that there is a leak in the car and after all of these months, there is no way the water from the flood would still be there and that water has to be coming in from somewhere else while outside at the dealership…. So he said that it is most likely not going to be covered. How can he tell me that it is a guarantee that this water is dried up between now and then?? Every time I prove them wrong, they try and come up with another bogus excuse. What is your thoughts???

Thank you,

Jon
October 15th, 2013 at 1:21 pm #RICHARD

MY CAR WAS STRUCK BY A LADY WHILE IT WAS PARK. THE LADY APPARENTLY GOT DISTRACTED AND HIT MY CAR SENDING IT 25FT TO 30FT AWAY FROM WHERE IT WAS PARK AND STRUCK MY NEIGHBORS VEHICLE, CAUSING MY 2013 CAR THAT I HAD JUST GOTTEN ON APRIL TO BE A TOTAL LOST. NEVER HAVE I BEEN IN THIS SITUIATION, SO I AM SO CONFUSE NOT KNOWING WHAT TO DO OR WHAT IS THE RIGHT THING FOR ME TO ACCEPT. SO FAR THE ADJUSTER HAD MENTION THE VALUE OF THE CAR AND THAT THEY STILL NEED TO LOOK INTO THE TAX, TITLE AND LICENSE. SO FAR I THINK THEY ARE BEING UNFAIR IF THEY JUST WANT TO PAY OFF MY CAR AND WHERE DOES THAT LEAVE ME AND MY FAMILY. WE PUT ALL WE HAD ON DOWN PAYMENT, LEAVE PAY CHECK PER PAY CHECK AND HAVE NO MEANS TO AFFORD ANOTHER DOWN PAYMENT. NEED YOUR ADVICE. I THANK GOD THAT WE WERE NOT IN THE VEHICLE AT THE TIME I HAPPEN. I KNOW THAT WE WOULDN’T HAVE MADE IT OUT IN GOOD CONDITION. HOPE THE LADY IS DOING FINE CAUSE WE DON’T KNOW WHO SHE IS OR SHE HASN’T EVEN BOTHER SAYING SORRY
October 15th, 2013 at 1:56 pm #Jeremy

I recently hit a mailbox with my truck. I made a claim with allstate and the adjuster made his estimate and he wrote me a check for $1800. I took my truck to one of Allstate “preferred” body shops and they estimated it at $500. I did not tell them him I already had a claim on it and I did not tell them the amount of the check. Should I send the truck to that body shop and then when its time to pay give them the check from allstate and make them write me a check for the difference?
October 15th, 2013 at 2:05 pm #Jason

Jeremy,
No, don’t give the body shop the check because you won’t see a dime of it returned to you. They will collude with allstate and the estimate will increase to the one the adjuster wrote. You will then also have to pay your full deductible.

If the check has your name and the body shop’s name, return the check to Allstate and have them write the check out to you (or you and the lien holder, if one exists).

Then get the truck fixed someplace else that you trust.

Oh, at look at the ratings for Allstate because that company is ranked very low. A link to insurance company ratings can be found at the top of this page.

Post again if you have any remaining questions.
October 15th, 2013 at 2:37 pm #Jason

John,
See the advice in my prior post. It would seem like there would be no water or moisture in the car after several months but I can assure you that is not true. A car, for the most part, is a closed environment. Heat is on in the winter, AC is on in the summer. Windows are rarely open. Doors are open for short periods of time exiting and entering the car. There is little time for water trapped in padding below the carpeting to dry. I am more convinced the water in your VW is from a flood and no other source.
October 15th, 2013 at 2:40 pm #Jason

Richard,
You should have enough money to replace the car with a car of the same make, condition, and mileage. That includes taxes. You already paid taxes on the totaled car. You should not have to pay for taxes on a replacement car. You should be placed in the same position you were before the car was damaged.
October 21st, 2013 at 6:56 pm #Cody James

I am looking for some advice on a unique situation.

About 7 months ago, I was in an accident and totaled my car. I have insurance through Geico and they covered the claim. Upon, getting my new car I informed them that i would need coverage on the new car as well. They were supposed to send me a packet of information that I never received. I was getting worried, so I tried calling a couple of times to provide them with my VIN# and everything over the phone since the information didn’t arrive. That next week, a police car went flying through and intersection and the car in front of me slammed on the breaks causing me to rear end the truck. When the cop, went to go register my insurance he said that this car wasn’t registered to my new car. It was for my old car. The kicker is that for 5 months i was paying Geico car insurance on my old car that was sitting in a junk yard somewhere. I never got the packet like they promised and I tried calling 2 times to get in touch with someone about my VIN#. Just confused as I was making payments to them. Are they liable? Will they step up to the plate and cover this?

I am looking for some consultation on this issue, as I am being told I could lose my license for 3 years. I have never done anything wrong and have a clean record, so I am pretty upset about this
October 21st, 2013 at 8:22 pm #Jason

Cody,
You have a very serious situation. Not only is liability insurance required in every single state of the country, some penalties are severe. Some states can and will take your license for a time period until all the damages and/or injuries are paid for an at-fault accident. Sometimes these amounts can be in the hundreds of thousands of dollars. Some states will not allow the amount owed to be included and and discharged in a bankruptcy proceeding.

If you have been paying liability for the old car, your liability should apply to the single owed car you were driving. You might not have collision coverage in this case. You need to work this out with your insurance company no matter how difficult this situation is before you. The alternative can be the loss of your license for a long time and payment of the damages/injuries out of pocket.

I don’t know if you have a Gieco agent but that would be the first person to go to in order to get this figured out. If you don’t have a specific agent, you will have to work with the insurance company directly. Find a person that you can work with at the insurance company and work with this person until your situation is sorted out. Take this seriously because it is very serious.
October 24th, 2013 at 12:51 pm #Derek

My girlfriend recently rear ended someone on the freeway.
She had literally just paid her car off less than a week ago, but fortunately she still had full coverage.
The first tow truck that showed up works with the Sheriffs department.
First of all they told my girlfriend she had to take the car to the shop the Sheriff wanted her to take it to. Which I know is completely untrue.
After the insurance adjuster assessed the damage, the shop offered my girlfriend 2 options.

Option A – Pay them the entire insurance check up front and they will waive the $500 deductible.

Option B – Pay them after the work has been completed and pay them the $500 deductible.

Obviously paying them up front would leave little to no incentive to actually finish the car in a timely manner. And even having them offer us this option makes me feel uneasy about letting them do the work.
Now I am unsure what to do. I keep feeling worse and worse about this shop even tho they act like customer satisfaction is there highest concern.
There are almost no reviews on this shop, but the 2 reviews I did find were mixed opinions. One said they were great, the other said the owner was a thief.

I guess my main question would be, since my girlfriend already told the insurance company we want to get the car repaired there, can we now change our minds?

Will we have to pay tow/lot fees if we do decide to take it elsewhere or is that something the insurance will cover?

Thank you for any help!
October 24th, 2013 at 3:14 pm #Jason

Derek,
The bulk of your concern is not insurance related – it’s repair shop related.

The insurance company should be taking care of the towing from the accident location to the current shop, and the storage fees – if there are any. The shop you eventually select to do the repairs may offer to tow the vehicle to their place at no additional charge. But even if they charge you for a tow, that may be worth the effort and added expense to have a trusted body shop repair the car.

You are getting the correct gut instinct to know that something is up when they want you to sign the check over to them before the repairs are completed. Don’t even think that is an option. Having to pay the $500 should not be enough money to make you stop thinking and using common sense.

Just because your g.f. said one place doesn’t mean she can’t change her mind. She can get the car fixed any where she wants. She is not locked into any place and she can always change her mind.
October 27th, 2013 at 10:45 am #Estelle

Hi,

On 1/28/13 I was involved in a four car collision. I had just left work and entered Hwy 101 in Palo Alto, CA heading northbound. As is typical, Hwy 101 was a parking lot with heavy traffic. Due to the traffic I was either sitting in traffic or if I was moving, was travelling less than 5 mph. Suddenly I was hit very hard from behind. The force of the impact was so hard it caused me to hit the vehicle directly in front of me, a BMW. I had no clue of the impending collision because I was focused on the heavy traffic in front of me plus it was dark. Immediately upon impact my foot hit the floorboard hard and my car died. As I sat there momentarily trying to digest what had occurred I saw two men approach me. One was the driver of the BMW. Initially I believed the second man to be a witness. I then learned that the driver of the BMW had struck the vehicle in front of him, a Prius; thus making this a four car collision. They explained they heard the collision and wanted to see if I was okay. The BMW driver then called the CHP. Within minutes CHP arrived followed by a tow truck. The officer asked if I needed an ambulance but I declined. I was in a state of shock for when he asked to see my license I handed him a credit card. What I found strange is that the driver that hit me never exited his car. My car sustained significant damage in the back and front. Fortunately the BMW and Prius drivers were okay and sustained little damage to their vehicles. I could see liquid dripping onto the highway from the front end of the vehicle that hit me, a Nissan Versa. The CHP officer proceeded to take our statements beginning with the Prius, the BMW, and then me. By the time he reached me the drivers of the Prius and BMW departed which I saw as a good sign for their vehicles were operable and neither required medical care. The officer told me that our statements were similar; that we were either stopped in traffic or if moving, at less than 5 mph. The BMW driver indicated that he saw the man that struck me driving very fast and it appeared as if he was going to cut me off but hit me instead. The CHP officer confirmed my suspicion that I was struck hard when he said the driver’s air bag deployed. When I was done he again asked if I needed an ambulance but I said no. I was more concerned about my vehicle and getting home. At this point I was not sure my car was drive able. To my surprise it was albeit with some difficulty. As soon as I arrived home I began to notice that my entire body felt sore and that I was having difficulty walking. I immediately contacted my insurance company and filed a SR-1 with the DMV. Unfortunately, since my car was 12 years old (2001 VW Golf) I carried liability only so my insurance company did nothing. Within two days of the accident I was contacted by the insurance companies for the BMW and Prius drivers. As I spoke with the adjusters I ascertained that no one knew the identity or insurance information for the driver of the Nissan Versa. The following day I had bruises on my forearms and thighs and a large bruise across my chest which I later learned was from the seat belt. Three days post accident I went to the ER where I was diagnosed with a fractured left foot. Later that week I was treated by my GP and given a referral to a chiropractor for eight visits. Incredibly, I took no time off work with the exception of having the cast removed. My chiro treated me for whiplash and upper back pain. In all I would undergo a series of 16 treatments. I also had an MRI and X-rays.

Due to the amount of vehicles involved it took nearly four weeks before the CHP report was available. It confirmed what I knew; the driver of the Versa was responsible for the accident. The police report states the driver struck me at 60 mph. The last page of the report indicated the officer was referring the matter to the San Mateo County DA because the driver was driving with a suspended/revoked license. Incidentally, this driver makes a habit of driving with a suspended license. He was cited on three other occasions, the most recent being one month before the accident for driving with a suspended license.

As soon as I had the report in hand, I immediately contacted Triple A. Once connected with the adjuster I asked why after nearly four weeks, that they had failed to contact any of the parties involved in a collision caused by their insured. The adjuster responded they had no knowledge of the accident. I find this hard to believe because the CHP report indicates the Versa sustained major damage and was towed from the scene. Additionally by law they must file the SR-1 form.

I drove my car for one week and stopped because I no longer felt safe driving and I was sure the frame was bent. Since I needed a car to get to and from work (public transportation was not an option) I was forced to obtain alternate transportation. Originally I had intended to lease a vehicle after seeing a commercial by Putnam of Burlingame for a $89 per month lease special. Unfortunately I did not qualify for the lease special due to my credit. After spending several hours at the dealership I ended up having to purchase a car with high monthly payments because no lender would finance the car. I realized after the fact when I began receiving rejection letters at home that Putnam had submitted me to several lenders for financing. In the end Wells Fargo agreed to finance the loan. I suspect that no matter where I went the answer would be the same due to my credit history.

Two months following the accident Triple A totaled my car. They never made arrangements for disposal of my car. I ended up donating it to charity. Never once did they contact me asking if I needed a car or about my medicals.

Four months ago I submitted receipts for my medicals which total $17,000 to Triple A for reimbursement. The adjuster said she needed my medical records. A month ago she was provided with all of my records. To date the only money I received is a check for $4,000 plus for my totaled car. I want to be reimbursed for all my medicals and at the least for the $3,000 deposit I put down on the car. My VW Golf was purchased new. Since I dislike making payments the car was paid in full at the time of purchase. Due to my good driving history and age of my car my liability only payments were approximately $350 every six months. Since the accident I now pay in excess of $400 per month in monthly auto payments and full insurance coverage. Therefore, I feel asking to be reimbursed $3,000 for the deposit is reasonable.

The adjuster told my attorney she would contact him upon receipt of the records. After weeks went by he sent Triple A a demand letter stating that if they failed to make me a settlement offer that I will proceed with a lawsuit.

I intend on suing the driver of the vehicle that hit me and Triple A. What are my chances of prevailing over Triple A? Thank you.
October 27th, 2013 at 1:49 pm #Jason

Estelle,
You have absolutely no standing to request any amount of your deposit being reimbursed to you.

Ask your attorney what his opinion is of your case. Since he is intimately involved with it, he would have a lot better idea than asking people who don’t know anything about your case.
October 28th, 2013 at 4:08 pm #Maeve

In 1998 I filed a claim with Travelers for a slab leak. I had an HO-3 policy and I understood that they would not cover the direct plumbing repair but everything else was covered i.e. all of the cosmetics associated with getting to the leak and getting it fixed. In 2000 I found out that I was told by Geico that I could save money by adding my car to my homeowners policy. So I did. Fast forward to now. I thought I was having foundation problems so I called out a foundation company to have a look. They told me the outer foundation looked solid and they suspected a slab leak. I immediately called Travelers to open a claim. It was opened and I was then told that when I added my car back in 2000 that my original policy had been closed and a new one was opened up under “Geico Travelers” that they were to separate entities and that my new policy was only an HO-A and would not cover any portion of a repair. All this time I always get my statements directly from “Travelers”, there is no indication of them being from “Geico Travelers” and I have had absolutely no reason to believe that I did not have the same policy I thought I had obtained 18 years ago. I never received a cancellation notice for my original policy. When I called to discuss this with them I was told that because I had already opened a claim there was no way of adjusting my “new” policy.

I feel like I have been hit by number one listed above. What are my options?
October 28th, 2013 at 4:38 pm #Jason

Maeve,
It seems like they did a bait and switch on you to get more business from you. I would suspect your addition of the auto insurance involved you canceling your current home owner policy without knowing it to reduce your premium while also reducing your coverage level.

If the HO-A policy is what I suspect it is, then you have an ACV policy and that is the lowest form of home coverage you can have.

Don’t dwell on something that they did to you 5-6 years ago. Instead, get a trusted insurance agent and get your insurance needs figured out. At minimum you probably want a HO-3 that has replacement coverage for both your home and personal property. The current policy you have right now only really covers fire and a few limited causes of loss. Also, it doesn’t allow for replacement of damage to your home or personal property. Seriously, it is the lowest level of coverage out there.

Don’t leave your car with Gieco if they pulled this on you. There are other insurance companies you can choose from. There is a link above that is titled BEST AND WORST INSURANCE COMPANIES. Do some research and get some decent coverage with a more reputable company.
October 31st, 2013 at 9:19 am #Stacey

On Oct 1, my 1999 Honda Accord EX was hit while parked in front of my residence by a 2005 Ford F150. My Honda was thoroughly wrecked, later officially totaled. The driver is uninsured and not the owner/policyholder of the Ford. With my cellphone, I photographed driver’s license as well the insurance and registration cards for the Ford. The insurance card has “1 Driver” typed on it beneath the policyholder’s name and address. I called the policyholder’s insurance company that day at the scene and received a claim number. My wrecked Honda was towed to my mechanic (who I’ve been dealing with for over ten years- wonderful man) and between the two of us, we called and recalled the claims adjuster at the insurance company for two weeks with no response. I finally told an operator that I need to speak with someone, not just a machine and someone other than the named claims adjuster for my claim told me that my claims adjuster has been on vacation and will be on vacation until the following week. He also told me that they have coverage questions and need to speak to the policyholder but they have not been able to reach him. I asked what they are doing about that and this insurance employee told me that it is not taking particularly long and that I should just wait for the actual claims adjuster to call me. During the next week, I reached out to a supervisor and learned that they had a different phone number for the policyholder than I do. The supervisor called the number I gave her and called me back fairly quickly to say that she spoke with both the policyholder and the driver and, to use her own words, “we are 100% at fault.” I also found out that the policyholder is only covered up to $5000 for property damage. The claims adjuster returns from vacation and contacts me several days later to let me know that someone was going to go see my car at the mechanics in the next day or two. It has been three weeks since the accident at this point. Several days later *a week ago) the claims adjuster called me to discuss their findings. My car was valued at $7500 but they can only pay up to $5000 and that they were sending me all the paperwork for me to sign and return. I received the paperwork last Saturday (just fyi, this was the first paperwork I received from the company and followed by two more correspondence this past Monday- all arrived well over three weeks since the accident and the assignment of a claim number) and called the claims adjuster to discuss it this past Monday morning. I said I would agree to the $5,000 plus the storage expenses at my mechanics which at $65/day, added up to quite a chunk. Well, all hell broke loose. She told me that it was my responsibility to mitigate this cost and they’re not paying any more than $5000 so I will have to pay that fee myself out of the $5000. She went on to tell me in near hysterics that they have other issues with this policyholder, they’re not paying for his damages at all and they are dropping him from their insurance. I told her that with the release form releasing the policyholder and driver from further responsibility, I have no ability to collect the balance of the actual value and other expenses I’m out for this accident. She told me that if I start a small claims, send her the paperwork and the insurance company through their legal department will issue a new release excluding the policyholder and driver and still send me the $5000. I spent a day discussing with my mechanic, contacting small claims and learning what I need to do. I called back the claims adjuster to confirm our agreement and make sure I’m filling out exactly what I need for their legal department. Now no one’s calling me back again. I was a little unsure about this agreement to begin with because I worried that the insurance company could back off their end of the deal somehow if I don’t have some sort of proof of this agreement I made with a hysterical person. After placing two calls yesterday to this claims adjuster that were not returned, I called her supervisor again and left a message that I want the supervisor, not the adjuster, to call me back. In the meanwhile, my car sits at the mechanics because we’re unsure what to do. We have a salvage offer that the insurance company got for us and we arranged a pickup, but without payment to the mechanic for the storage, they won’t pickup. Also, my mechanic worries that if they are jerking me around like this, could the insurance come back and tell us that they now want the Honda? My mechanic told me this is very unusual and unethical and he has never had an insurance issue like this. He wants me to hold on to my car since it is my property and the only real value I have in order to stake this claim. I’m calling him today to figure out a cheaper place to store it. Help! Can you make head or tails out of this situation? Thank you so much!
October 31st, 2013 at 12:03 pm #Jason

Stacey,
This is what you need to do. Pay your trusted mechanic the $65 per day charge and get your car delivered to the salvage yard. I don’t care what the cost is to do that – you have to do it immediately or you can continue to add $65 per day to the amount you owe your mechanic. Please take note that out of the $5000 total you are getting, you have to pay the storage fees for each day it’s in storage – you won’t get any more than $5000. Storage fees are basically easy money for your mechanic.

Now the release issue – You will get $5000 if you sign the first release or you will get $5000 if you sign the second release. The second release does not release the driver. That is fine but it makes absolutely no sense. Do you really want to spend time, money, and effort to sue the driver for about $3000?

Ok, let’s say you are successful in suing this loser driver. You will get a judgment that will cost you over $2000 in attorney fees that you will likely not be able to include in the judgment and that you will be able to collect from the driver. Then you will have a worthless judgment that allows you to collect from a loser. You probably won’t see a dime collected from all the frustration you will have gone through. Collecting judgments also costs money, effort, and time. This driver who associates with the truck owner who has minimum liability coverage for property damage of $5000 can be assumed to be a loser. My guess is this loss occured in MASS. or NJ since those states have $5000 as minimum liability coverage.

Don’t move your car to cheaper storage – just get rid of it today!

Get either release back to the insurance company immediately. There is nothing unusual about what they are doing. They are not going to want the Honda. They are not entitled to it because you have not been paid fully for it’s $7500 worth and that insurance company knows they can’t take the damaged Honda.

See if you can negotiate a reduction in the storage fees with you mechanic. If he is “trusted”, he should cut you a break. Your mechanic only wants you to retain the car while this is going on because it’s an easy $65 per day that he knows he’s going to get. Don’t you see that he has a financial stake in this dragging out?

Write again if you have more questions.
October 31st, 2013 at 1:34 pm #Amanda

Stacey,
I am not sure about the release, I am simply replying to Jason. I do not know what State you are currently in but in my home state any individual can go to small claims court and pay a filing fee of $150 to sue another individual under $5,000. You would not be required to attain an attorney, and would be able to do this by yourself since obviously you shouldn’t be out any money and clearly would receive a favorable judgement. However, you will be required to prove that its currently worth $7,500 and I am not sure where you got your figures from on the value of your vehicle but $7500 for a 99 Accord seems really high. You should be able to replace with a similar vehicle for less than $5,000. Just something to weigh out.
October 31st, 2013 at 3:49 pm #Stacey

Thank you Jason and Amanda. I am in Los Angeles, California where the minimum property liability is also $5000. The small claims court fees here range from $25-75 for a first time plaintiff and depends on the amount of the claim. To be honest, I was a bit surprised as well that this insurance company sent me paperwork detailing the value of my car at $7491. It is a Market Valuation Report prepared by a neutral third party company called CCC One. I have extremely low mileage (60,975) and it is a limited edition model so it has all the bells and whistles. I have had to pay more for repairs than the average Honda EX over the years because of special parts like sparkplugs made of platinum instead of stainless steel. I’m impressed and a bit surprised but not shocked that my Honda retained so much value knowing what I had. Even as salvage I have a bid offer of $900. I am working out something with my mechanic to release the car to salvage for $900 the bid offer. I also had a pleasant talk with the claims adjuster’s supervisor so I feel better about our agreement for $5000 plus a new release once I provide them with proof of a claim against the policyholder. It may take a little extra time and some court costs but loser that he may be, he’s very shortly going to be a loser with a judgement against him. California Small Claims Court seems real user-friendly and will assign a court date in 20-70 days. Once judgement is rendered, he has 30 days to pay or watch his truck get a lien on it or his wages garnished. I hope it’s okay to share with you all the followup. I feel good about the situation. The supervisor is now handling my case and even apologized for the claims adjuster being rude and sketchy with me the other day. Thanks again for your comments!
October 31st, 2013 at 5:49 pm #Jason

Amanda,
You are correct, small claim filing fees are between $100 and $200 depending on the state. You do not need an attorney but few people have the desire, ambition, or knowledge to do a legal action by themselves. Stacey seems to be on top of it and she seems to welcome it. She is one of the few.

Stacy can request a copy of the CCC valuation report from the at fault insurance company. That report sets the car’s value based on a market comparison report and that is the agreed value of her car. Any court would accept that report. CCC is an anchored company and is used in courts all over the world.

Stacey,
Some insurance companies can manipulate the CCC Valuescope report from a fair amount to a less than fair amount depending if the adjuster inputs the car as excellent, above average, average, fair, or poor. Each successive ranking reduces the valuation of a car. They seem to be fair with your car which is good to hear.

NJ, Mass, Penn, and CA are the states that have $5000 as the minimum liability coverages. In my opinion, that is too low. The highest minimum liability coverage in a handful of states is $25000. This is still too low.

Your follow up response is great. It gives people info that things can get solved and there are ways to go about an unjust situation involving insurance. Request that the insurance company send you a copy of that CCC report. The report is based on your car and you are entitled to a copy of it.
October 31st, 2013 at 7:05 pm #Amanda

Stacey,
That is wonderful news that you are receiving the treatment you deserve,finally!
That clearly answers the question of valuation, is your state of California and the low miles. I’m in Oklahoma, and things are much less here.
I would do as you are planning, receive the settlement and release from the insurance company and then file suit against the individual for any amount you are out storage fees, time off work, and the difference of values, here in Oklahoma you can also request any fees you’ve paid in going to court. I would suggest once you are ready to file, sending a demand letter giving them 10-15 days to pay via certified mail to the individual to ensure their address is correct and to show the judge you did attempt to resolve it outside of court and gave the individual the chance to do the right thing.
I wish you the best, it sounds like you will get out of this without having too much out of pocket expense hopefully in the end, you will be made whole. Good luck!
November 1st, 2013 at 11:00 pm #Austin

Ii ran something over a metal object in road at night dented scratched whole drivers side I went to pick my truck up today and it’s obvious the colors on entire driver side was noticeably lighter than rest of my truck so the body shop said they would fade it into my hood how ever I don’t want 2 dif colors on my truck my deductable was paid can I take my truck to different body shop under the same claim I want to sell my truck but can’t it being 2 diferent shades of blue can I go to dif paint shop or what do you suggest
November 2nd, 2013 at 5:58 am #TheComma

Austin,

Punctuation. I suggest punctuation.
November 2nd, 2013 at 8:10 am #Jason

Austin,
You can take it to another bodyshop but the cost at the other bodyshop would be entirely out of your pocket.

Your insurance company already took care of your claim completely. Your entire issue lies with the bodyshop and their failure to match your paint. If you don’t want 2 colors on your truck, there is no blending that will correct that. The only option is for them to paint it correctly by doing it again. That is the only remedy and if you don’t want to pay for it out of pocket, the same bodyshop will have to remain involved until you are fully satisfied.
November 7th, 2013 at 1:34 pm #keyah

Last week I hydroplaned off of the road, took out a road sign in the process. I was fine but not my car. I had a 2008 rio and only had liability on my car. I am a college student and have to drive to the next town over for classes and it was raining that day and just slid off of the road. my family did not have the money to put my car back in full coverage at the time so i was being careful until then. my lienholder was upset when I called and told them what had happen to my car and explained to them that we could not afford to pay for full coverage at the time. She told me that she did not know that I only had liability on file for me. and that the insurance company did not report it to them that i only had liability. Is there something she knows that I don’t since there was a failure to communicate between the insurance company and the lienholder?
November 8th, 2013 at 1:36 am #Kim Flanagan

My car was recently totalled when a man fell asleep at the wheel and rear ended me going 90mph. Anyway to make a long story short, I had paid 3000 dollars for my cars audio system. My insurance company is only offering me 500 dollars because they’re saying the value depreciated that much over 4 months. Is there anything I could do to get that amount increased?
November 9th, 2013 at 1:40 am #melssa

I was hit by a motorcycle i have a lienholder on my car i have full coverage but my car is no longer drivable how do i get the other persons insurance to pay for my rent a car asap i have 3 kids i am a full time student and i work and really need a car plz someone help this is my first accident.
November 10th, 2013 at 1:38 pm #Jason

Kim,
Don’t accept their settlement offer until they increase the offer to an amount you can agree with. You can support your position by getting the place where you purchased the system to provide you with the sound system’s 4 month old value.
November 10th, 2013 at 1:46 pm #Jason

Keyah,
The insurance company doesn’t communicate with lienholders other than to let them know there is coverage. The insurance companies don’t report the absence of coverage.
November 10th, 2013 at 1:51 pm #Jason

Mellsa,
If you need a rental car due to the accident, get a rental car and pay for it. Then present the paid receipts to the other person’s insurance company for reimbursement.
November 10th, 2013 at 2:55 pm #Karen

My husband a mail truck in July when the light turned green and the mail truck started and stopped quickly. My husband talked with the mail carrier and with his supervisor and the issue seemed done with since the mail truck did not appear to be damaged. Our car (a 2004 toyota camery) shows no damage on the front bumper.

About 2 weeks ago we received a bill for $1900 + from the postal service claiming significant damage to the rear bumper of the mail carriers vehicle.

My husband has tried multiple times to contact the “postal adjuster” to discuss this issue and never gets a call back. He also wrote a letter to them asking how they could file a claim without notifying us, and the only response we received is that if payment is not made they will turn it over to an attorney.

I was unaware that this incident even occurred and have since changed insurance carriers. Should we turn it over to our previous ins. carrier, and if we do will it affect our current policy?

Any help would be greatly appreciated.

Thank you, Karen
November 10th, 2013 at 4:28 pm #Jason

Karen,
You can do a couple of things. Ignore the bill, pay the bill, or submit it to your insurance company who insured you when the accident occurred.

Your question about affecting your current policy is too vague.
November 11th, 2013 at 10:33 am #Dana

I was in car accident about a month ago. The car in front slammed on his breaks and i barely even hit him. however, the guy behind me slammed into me very hard making my car get slammed into the front car.My car was a total loss. The rear car’s insurance AAA was working on this claim for a month now and gave me settlement options the one i choose was to let AAA retain my car. they paid off my lien holders and sent me additional check also they stated in a letter once i signed over all the dmv documents and they received the lien certificate they would send me an additional check for the remaining balance. The Adjuster called a week ago and informed that the check was processed as they received all the paperwork that corporate just needed to approve and issue. Well the day i was going to receive the check. The adjuster called and informed me that the manager put a stop payment on the check because they made a mistake and had too many hands on the file that they only want to pay for half of the car so i would need to return 50% of the payment already received. I received the final check in the mail but the check was a stop payment on it. They already had paid of my lien and received all the DMV paperwork. What should i do in this situation? Even after the settlement was offered and they have my car and the lien certificate. Can they do this?
November 11th, 2013 at 2:07 pm #Carol Lotak

Are there any attornies who will go up against U Haul? Our moving company’s truck needed a new transmission and they had to move us the next day. Since they knew this they unfortunately hired a U Haul moving truck. It crashed and burned on the Florida Turnpike. All contents were lost. U haul made us think they would take care of everything. It is now 3 1/2 months later and nothing has happened. They are just leading us on. After reading on line about how nasty U haul can be (deep pockets and nasty lawyers) I am guessing that because there were no injuries with us (just one of the drivers) and ALL of our belongings of a 3 bdrm.2 bath house were completely ruined that we won’t get a cent. We asked if they wanted to negotiate or litigate. Of course they said ‘negotiate’. It appears they have NO intention of negotiating. Are there any attornies who will take on a case like this one? Remember no injuries to us, just complete loss of everything and we are 77 years old and don’t have time or money to replenish much of what we lost.
November 11th, 2013 at 2:10 pm #Jason

Carol,
This is not an attorney referral site. You would have to seek an attorney that is capable in situations like the one you face.

On a side-note, the general language of a homeowner policy – yes, this applies to personal property is that it’s covered anywhere in the world. If this property was worth a substantial amount, then you should have howeowner insurance on it and this would be the best route to go. Don’t rely on other people’s insurance to protect your property.
November 11th, 2013 at 2:20 pm #Jason

Dana,
It seems like they can do what they’re doing because they are doing it. I don’t have any suggestions for you since a settlement is based on a mutually agreed position by 2 parties and something didn’t seem to be resolved. Was there another driver’s insurance company that was involved that is responsible for 50% of this accident? I don’t know why they are using the 50% amount.

I highly recommend that you don’t send that insurance company any money.
November 11th, 2013 at 2:45 pm #Dana

the front car insurance denied claim stating they did not receive damage from my car on their clients car and the damage i received was caused by the rear car slamming into me pushing my car into the front. which is correct i had no damage to my car on the initial hit i received damage on second impact. AAA (rear car) insurance is now saying they only want to pay for Rear damage not full car after the fact we had already settled i signed over all the paperwork to them. They received my car and DMV documents and lien holder. The final check was to be mailed and now all of sudden they changed their mind.
November 11th, 2013 at 5:50 pm #Lawrence

I was involved in a car accident.It was the other driver’s fault.He was given a ticket.My insurance asked me to take my car for estimate for repairs.I got the estimate but took it to my own body shop for repairs after my insurance sent me the check minus the deductible of $500.After the repairs was completed,I was expecting my insurance to collect my deductible from the other insurance for me,but I was told that the second driver’s insurance refused to refund my deductible,because they believed that the cost of the repairs at my own body shop was less than the estimates given to me by my insurance recommended body shop. Please advice me what to do.I am basedin Georgia .Thanks.
November 12th, 2013 at 12:26 pm #sarah

My roommate has been waiting for an expensive migraine treatment to be approved by her health insurance. They finally approved the procedure, but she had to sign a consent form saying that she would be pay the full amount if they decided not to cover it. Is this a typical practice?

I don’t understand how an insurance company can say a procedure is approved, while making someone sign a form that says it might not ACTUALLY be covered. I’m getting this information second hand. I wish I had more specifics about her policy, but the whole situation seemed like a red flag to me. I want to tell her not to sign such a form, because I know it would be an incredible financial burden if she moves forward with the treatment, only to discover that the insurance isn’t actually covering it. She really needs the treatment, but I don’t want her to get screwed.

Do you have any advice? I’m not even sure what questions to ask. Something just didn’t seem right about that consent form.
November 12th, 2013 at 12:39 pm #Jason

sarah,
The wording in that form seems normal. The form is a notice that is signed for a procedure (before or after pre-authorization is obtained) confirming if the insurance doesn’t pay, then the patient will.
November 13th, 2013 at 4:44 am #Anna

i was recently in an accident that was caused by black ice – i was on an overpass bridge when i started to slide sideways into the cement wall on the side of the bridge; i was driving the speed limit & no other cars were involved. i filled a claim immediately after it happened (damage done to steering & suspension, a body panel, & bumper). i was appalled to find out that my damages wouldn’t be covered (i “lost control of the vehicle”). no where did it explain up front that the coverage i have doesn’t cover damage done to my vehicle if i’m at fault. seems like sort of a silly question but would i have the right to sue because i’ve been paying for insurance that really doesn’t do me any good? i just changed my address & policy back to michigan on-line & did one of those ‘choose how much you want to pay’ deals on-line through Progressive, but no where did it explain that i wasn’t covered if i crash because of adverse road conditions! i had to pour over almost 100 pages of documentation before i figured out that i had apparently opted for ‘limited crash’ coverage… which i never would’ve chosen had i been informed! this is my first claim ever at 30 years old, i have a perfect driving record, & have had Progressive for about 5 years now. please tell me i haven’t just thrown away 5 years worth of insurance payment money. thanks for the help!
November 13th, 2013 at 7:10 am #Jason

Anna,
The road condition contributed to the accident, but black ice was not the cause of the accident.

When parties enter into a contract, each party needs to understand all the details of the agreement first – not just some. You understood you needed to pay a regular premium to have the coverage contained in the policy but you didn’t fully understand the contract’s coverage and limitations.

The suit question is a valid one. From the information I know, the insurance company did everything it was supposed to do based on the contract. You “pouring over almost 100 pages” should have been done 5 years ago. Failure to know the contract you entered into is not a reason to sue the insurance company. That would be a lawsuit you will lose even before it begins.

Not all is lost because you did have liability coverage and “limited crash” coverage for 5 years.

I repeatedly encounter people who think they’re saving money by acting as their own agent and buying insurance online. There are 2 main reasons not to buy insurance online. The first is that insurance agents are an important portal to make sure you obtain and understand the coverages you need and want. The second is that in almost all cases, the same coverage through an agent is going to be less expensive than online coverage.
November 15th, 2013 at 6:31 am #Anna

Jason,
That’s what I was afraid you were going to say (can’t say I didn’t expect it though). I appreciate the outside opinion/advise.
November 16th, 2013 at 12:53 pm #Nene

My son was involved in an accident which was his fault. He filed the claim to our insurance company on 9/25/2013. We have comprehensive/collision coverage. He was not treated fairly and honestly. The insurer failed to meet the time frames for processing the claim and payments for the repairs and failed to notify him why. The body shop would not release the vehicle to my son until until they received payments, which didn’t occur until 11/11/2013. The adjuster was was rude and arrogant with me which escalated into a shouting match and states the body shop caused the delays and not by him or the appraiser. The appraiser gave me misrepresented statements when I questioned about the rental car because it was obvious the repairs were not going to be finished before the thirty days. He told me he would request an extension for the rental with his supervisor which he didn’t and now is denying he ever made that statement. Because the rental was not extended, the rental agency debited my sons account charging him for 13 days. Without notifying before the thirty 30 days. When I contacted the unit supervisor she gave false information in regards to phone calls that were supposedly made to my son when I have phone records to prove otherwise. Based on the fact that the insurer failed to communicate with us, failed to handle the claim in a prompt and timely manner, gave misleading information, made dishonest statements and treated me in a discourteous manner, where do we stand? What actions,if any, can we take to get reimbursed for the rental?
November 16th, 2013 at 7:43 pm #Jason

Nene,
It is very likely your policy allows only 30 days of rental coverage so even if someone said they would ask to get the rental extended, it wasn’t gong to happen.

Put this entire event behind you and move on. Let this influence your decision to get rid of this insurance company. There are hundreds of insurance companies to choose from so look for one that has a much better claim handling reponse. You can look at the top of this page for the link to look for insurance company claim ratings. It would be under BEST AND WORST INSURANCE COMPANIES.
November 17th, 2013 at 8:42 am #Bob

A woman disregarded a red traffic signal, entered the intersection, and I couldn’t avoid the collision with her car. The police report shows she was at fault and not I. Neither of us received a citation from the state police. I live in Pennsylvania (a no-fault state), the at fault party lives in Maryland (a fault state), the accident occurred in the state of Maryland, and her insurance company is based in Maryland. I only had liability coverage on my motorcycle insurance, so I’m making a third party claim. I have an attorney for the bodily injury, but not the property damage. It’s understood that I have no contract or agreement with the third party insurance company. They are already disputing the claim. So, which laws apply to this situation, Maryland or Pennsylvania? Are they responsible for all costs no matter what, or can they dictate to me as if I was their policy holder?
November 17th, 2013 at 9:03 am #Jason

Bob,
The laws where the accident occurs always apply. It doesn’t matter if you are from China, the laws of Maryland apply to this accident. The laws in Maryland are pure comparative negligence and these are fundamentally different than the laws in Pennsylvania.

My view of accidents is that if at least one person is paying attention, nearly all accidents can be avoided. With that said, usually anybody in an accident contributes to the accident happening – even you.

Let’s assume your are assigned 30% blame for the accident and the woman is assigned 70% blame for the accident. The way pure comparative negligence works is that your insurance would pay the woman 30% of her damages and her insurance would pay 70% of your damages (also applies to bodily injury). (This is an example, and the insurance companies may find your fault higher or lower than this example illustrates.)

“…dictate to you as if you were their policy holder” – If you were their policy holder, you would likely be treated much better. With a policy, you are their insured. Without a policy, you are a claimant.
November 17th, 2013 at 10:26 am #Nene

This has been an unfortunate experience for myself and my son . We are in the process of signing up with another insurance company. Thank you Jason.
November 21st, 2013 at 11:10 am #Nene

We have been fortunate that the insurance company has agreed to reimburse my son after I filed a complaint against all the individuals that were in involved in handling the claim. We are one case out of a hand full of the lucky that are heard.
November 21st, 2013 at 6:39 pm #Jason

Nene,
For clarification, did you file a summons and complaint or a Department of Insurance Commissioner complaint?

Either way, it is a rediculously fast turn-around since either action can be over 3 weeks before an answer is due from the insurance company. Did you have your complaint submitted prior to posting on here?
November 23rd, 2013 at 3:51 pm #Nene

I filed a complaint to the insurance company after I posted here. Quality control reviewed the claim and made the determination that the claim was mishandled and made an exception and reimbursed my son. I understand it was a quick turn around, but I am glad I didn’t have to go any further.
November 24th, 2013 at 6:39 am #Estelle

This is for Jason who responded to my post #895; yours is #896.

You indicate I have no right to ask for a deposit after my car was totaled by a car insured by Triple A. What should I have done? I have no family or friends that have a second car to loan me and I had to have transportation to get to my job. My insurance was no help since I carried liability only on a 12 year old car and I was deemed not to be at fault. Should I have asked Triple A for a rental car. Remember they never contacted me and I believe never would contacted me. It was I who contacted them as soon as I had the CHP report in hand and determined that it was individual that hit me who was at fault. Are you also telling me that I am responsible for my medical bills from the accident? Since we have not seen a copy of the policy although I do know that the man that hit me (and was determined by the CHP to be at fault) had his car replaced because he told me so. My attorney has filed a lawsuit and are propounding discovery and will serve it on the insured as soon as 30 days has elaspsed since the date the complaint was filed, hand served on the driver and sub-served on Triple A). What I find odd is that after three weeks they have not yet filed a notice of representation, answer or demur on the insured’s behalf. What I am asking is if the insured has the policy coverage should I expect that I will have to eat the cost of everything. Remember, I am the victim here, I was struck from behind at 60 mph., my car was totaled (by Triple A) and less than $17,000 in medicals, I am responsible for everything for all my costs?
November 24th, 2013 at 6:49 am #Estelle

Nene, on October 29 a complaint was filed in Superior Court. Defendant(s) have 30 days to answer or demur. My attorney has a letter from the adjuster dated in late August stating that if we provide her with copies of my medical records she would see about making payment in 30 days. She has been in receipt of those records for over two months and nothing. I can’t be called impatient given that the accident was on January 28. I brought this to the attention of my attorney. At the least it does not show good faith on her or Triple A’s behalf plus she is less than truthful.
November 24th, 2013 at 9:13 am #Jason

Estelle,
There are a number of things that you “could have done”. Those things include 1- Having collision coverage on your car and having rental reimbursement coverage. 2 – You could have taken a bus to and from work. 3 – You could carpool with a co-worker. 4 – You could move to within walking distance to your work.

AAA is not your insurance company and you don’t have to ask them anything, especially if you need a rental car. If you need a rental car, you just get a rental car. If you don’t get one, that means you didn’t “need” one. After you have the receipts for the rental car, then you would ask AAA to reimburse you for your rental car expense that was due to their insured.

Absolutely you are responsible for your medical bills. You are the patient and received the benefit of the medical treatment. You even sign a contract with your medical providers that you are the only one responsible for payment of medical services. The medical providers don’t hold your health insurance as the party responsible for medical treatment you receive. They hold you, as the patient, responsible.

The at-fault driver is not responsible for your medical bills. The only thing he may be responsible for is injury he caused you. Sure, the medical bills are an easy way to determine the “injury” he caused you but he is not responsible for any of your medical bills. Neither is his insurance company for the same reason.

If you have questions related to your accident, ask your attorney about those questions. Your communications on this site are not protected by attorney/client privilege so I suggest that you not post on this forum as long as you have an attorney. If you have any questions about this, ask you attorney if he wants you writing on this forum. I can guarantee what he will tell you.
November 26th, 2013 at 10:19 am #Nikki

Hi,
Im from Milwaukee, WI and I was in an auto accident where the other vehicle is totally at fault and I was diagnosed with DDD and I don’t believe I will ever be able to not walk without a limp. Ive gotten a walking stick to assist me because moving around without relief for my right leg is insane, it is agonizing to put pressure on my right leg. I had no pain or injuries before this accident, besides a few years ago I was in an accident where I had whiplash and recovered, but now am constantly in pain. Ive been going to drs and PT for over a year now my medical bills are about 12,000.00 and the insurance company is only offering me 7,500.00 and I’m still seeking treatment I find this offer ridiculous and do not understand why they have not at least matched my medical bills at a bare minimum to settle my claim.
November 26th, 2013 at 10:43 am #Jason

Nikki,
Degenerative disk disease is not a condition brought upon by an automobile accident. It is a condition that occurs simply from living and basic wear and tear. So, although you may be convinced that DDD is the result of this accident, the insurance company is not. In fact, I side with the insurance company on their position. I do not know all the details of your claim but that is the position I would take based on the information you provided.

If you believe your claim is worth more than $7500, you will need to hire an attorney so he can convince the insurance company that your claim is worth more.

Please note that if you hire an attorney on a contingency basis in which you pay the attorney 40% of your claim, your attorney would have to settle at the amount of $10,500 for you to just to break-even. An initial consultation with an attorney is what you should do to find out the total value of your claim. You need to be aware if you hire an attorney and you only recover a total of $7500, you will have to pay your attorney $3000 out of the money you get. The attorney will have nothing to lose, and at least $3000 to gain, so you have to understand this to make an informed decision.

You have to also realize that any amount you recover may be legally claimed by your health insurance company for any amount your health insurance company paid on your behalf that is related to the accident.
December 7th, 2013 at 7:07 pm #derek gutherie

Hi,
I was in the front of a 3 car accident. The middle car has state farm ins with full coverage the driver in the back who rammed into the truck that rammed mr has geico but with a
15k limit. All cars are total losses. But i didnt hit anyone and neith ins company will help. Geico claimed complete liabiliy but why should i have to pay for a rental car until everything is settled? I didnt hit anyone and im having to pay for my car rental and impound fees. I am getting upset. Whay should i do?
December 8th, 2013 at 9:02 am #Jason

derek,
Stop relying on other people’s insurance to protect your property.

If you need a rental car, get a rental car, pay for it, and then submit your receipts for reimbursement. If you don’t have any rental receipts for reimbursement, that means you didn’t need a rental car.

You might want to minimize or eliminate those impound and storage fees because you, as the car owner, are responsible for those fees. Geico may assume some or all of the storage fees but until they do, they are all yours. If you are getting upset, that means you don’t understand that you are responsible for expenses and costs associated with property you own. It’s similar to not understanding that people have to pay for their own health insurance because people won’t get it free with obamacare. Besides not being free, it is expensive, has extremely high deductibles, and has high co-pays.

What you should do is submit a claim with your insurance company under your collision coverage and not mess around in the drama of going through another person’s insurance company. As for obamacare, vote Republican in all future elections and support its full repeal.
December 11th, 2013 at 8:41 am #MAGNE

I live in ohio and my car was repaired by a body shop. The parts that my insurance company wanted the body shop to use were OEM parts. My body shop decided to use new parts because the part that were order was not of insurance quality. Does this mean my insurance company have to pay for the new parts, with out notifiing the body shop first that they was going to use new parts instead of the OEM parts.
Thanks
December 11th, 2013 at 8:46 am #Magne

I live in Ohio and after getting into a finder binder I had my car repaired at a body shop. My insurance wanted me to use OEM parts. My body shop decided to use new parts because the part that was order was no of insurance quality. Doe my insurance company have to pay for the new parts with out being notified by the body shop they was going to use new parts instead of the OEM parts.
December 11th, 2013 at 8:54 am #Jason

Magne,
OEM (original equipment manufacture) are new parts. I don’t think you should have any concerns with what is going on.
December 12th, 2013 at 10:35 am #AAB

My daughter was hit from the back, $500.00 dollars worth of damage to her bumper, injuries were not life threatening but suffered pain in back and leg, the insurance company only wants to offer her $300.00 dollars. What if she has future problems stemming from this accident?
December 12th, 2013 at 10:57 am #Jason

AAB,
In looking at a minor accident in which there was minimal damage to the back bumper, it is difficult to accept that any serious injury would result. If there is concern about future complications from the accident, then your daughter should wait a reasonable amount of time before accepting the offer. That way she can to see if anything develops beyond what she has already experienced.
December 14th, 2013 at 8:42 am #Dale Johnson

My Brother was in an accident in 1993 location (MICHIGAN) in which he was the passenger and suffered SCI/TBI. The driver drunk passed out at the wheel in a dealership demo. They settled later for around $800,000 and insurance coverage for life. The insurance company is a major company and has been hiding themselves for more than ten years. My brother was has multiple issues that has never been addressed and getting worse. About 2 yrs ago he contacted the dealership and finally found his coverage. Now they have a examiner that is telling us(doctor and my brother) what is reasonable and nessasary. Attended a I.M.E. IN WHICH I HAD HIS MEDICAL FILE. Would not show us his card,give us any way to know who he was. It was a rented building and lady at front desk said they have nothing to to with the DR? I do have the whole session recorded with police and reception lady saying he does not work here and they do not know who he is.Who knows? Now the insurance company sent letter saying his coverage was suspended for no reason.i have pictures of person, us signing in at front desk, my brother there by letter from receptionist.We called the police because My brother has neurogenic bladder and multiple issues, not to mention they put a MEDTRONIC neurostimulater which we just found out has a broken lead. The battery was suppose to go in his but cheek, woke up and it was in the area of his neuropathic pain area since accident where they took bone from his hip. It took him 12 years before he could touch that area.After 2 week trail period stimulator had no effect on my brothers issue. Salesman and doctor said with his situation it could take longer and the procedure was 99% done. I just went to resue him from Michigan and now lives here in Wi. The lawsuit was for life and w/o any exclusions. They where paying me for mileage to get to his appointments up until nov 1st was last check I received.They sent letter dated Nov18th saying his coverage was suspended for refusing I.M.E. (THIS IS WAY OUT OF CONTROL….. PLEASE HELP!!!!
December 14th, 2013 at 9:12 am #Jason

Dale,
No one at this site has the ability to assist with the issues and concerns you have. It seems you need to be involving an attorney.
December 14th, 2013 at 3:00 pm #AnnetteB

I fell on sidewalk in between two duplex apartments due to uneven sidewalk, who should I consult about this incident the owner’s of duplex or the city in which it happened? Thank you
December 14th, 2013 at 3:43 pm #Jason

AnnetteB,
Property owners usually have non-liability coverage for a person’s medical bills for injury sustained regardless of owner liability. It’s very likely the sidewalk is owned by the duplex owner or owners.
December 19th, 2013 at 8:54 am #Chris

Hi: Many thanks to this site and to the moderators who answer these questions. Just reading through some of these scenarios give a world of insight into what to do (or NOT to do) if ever caught in the same situation. Great resource! Now to my question/concern (and I apologize if this was already answered, I just didnt have time to read all of the threads)…

I was recently involved in a Motor Vehicle collision in CA. Both my insurance company and the Police Report find in my favor as the other driver cut into my lane of waiting vehicles while at a dead stop and hit me. The repairs have been made and since my Insurance found me not at fault they are in subrogation with the other insured to recoup the amount paid, including my deductible. While all that is fine I have 2 questions: 1. IF the other insurer finds their insured NOT at fault would I have a strong enough case to pursue litigation against the other driver or insurance co. since both the police report and my insurance find me to be not at fault? And Second (Which to me is the more important issue)… I have a very rare vehicle.. more of a collectors item as its only one of 495 produced. People who pay top dollar for these vehicles have EXACTING standards, just as I did when I bought mine. Took me over a year to find it and had to have it shipped to me once found. My initial research using KBB values shows about a $3600 – $5500 loss in value now that I can no longer list the vehicle in “Excellent” condition due to the repair history that is now permanently attached to the VIN. I have done some research and found that insurance companies can easily and typically deny “diminished value” claims in this regard. Do I stand any chance of recovering this loss in value? Thanks for the advice!
December 19th, 2013 at 9:29 am #Jason

Chris,
1. In your state, the fault percentage of each driver is recoverable by the other driver. For example, if the other driver is 90% at fault, the other driver’s insurance will pay 90% of your damage. Your insurance would pay 10% of the other driver’s damage. The percentage of fault would also apply to your deductible and that should be recovered by your insurance and returned to you.

In most cases, the opposing adjuster’s make the determination of fault and agree upon that decision. In your case, the fault agreed to by both adjusters probably is 100% to the other driver. If the adjuster’s don’t agree, then it would go to arbitration in which each adjuster presents the case for their insured to the person or panel that makes a binding decision. If arbitration is not available or contested, then the fault can be decided in court. Your simple accident is likely going to be concluded by the 2 involved adjusters.

2. I am not a propenent or supporter of diminished value. Some states recognize loss of value but that is a separate and distinct claim from the physical damage claim. You have to present a claim for loss of value to the other insurance company and prove your loss of value. Proving that to the insurance company will be difficult. If the adjuster and you don’t agree, you would have to sue the other driver and prove it in court. (if you sue the other driver, his insurance will inject itself into the suit automatically.) In CA, you cannot claim diminished value from your own insurance company – it has to be a claim to the other person’s insurance company.

The burden to support diminished value is entirely on you. Do a search for diminished value in your state and find out if you want to pursue this difficult endeavor. Thanks for the questions. You presented your questions in a very efficient manner.
December 21st, 2013 at 6:08 pm #sahra

hello
i have a 2002 nissan altima my car didn’t give me no sign prior to the damage. i was at a private property, and there parking is down hill when i reversed out of the parking i heard a loud noise like i was in accident i get out of my car looked every where nothing infront of me or behind me so got back try to riverse my car keep going forward and in a few sec completely stop. i can’t go back ward and forward , so i tow my car home i didn’t call a police or nothing because i didn’t see nothing at that time. 3 days later go back to the property i noticed there was a pathole where my car was parked . i then contact the property and they agrree to pay because i am a regular customer and they know my car was damaged there. but my insurance and there insurance deny my claim because there was no pysical damage they claim it is mechanical failure. i didn’t see if there was fluid leak the night of the insident because it was dark and raining. how ever there was a trace of fluid by my house where the two truck pull my car and bigger fluid by where my car was parked. i am taking this to the civil court what can you advise me . thank you in advance
December 21st, 2013 at 6:50 pm #Jason

sahra,
The way you describe the circumstances surrounding the time of damage, it seems like a mechanical failure and not the result of a collision with a pothole.

In court, you have to prove the damage was the result of an accident. That will take some convincing. From what you posted, you didn’t convince me.

You are going to have to have a mechanic qualified to testify why the transmission was damaged. The mechanic has to be credible and reliable for the court to accept his testimony. Before you even attempt to plan court action, you might want to secure a reliable mechanic that can back up your claim. You might even have this mechanic tell you it was mechanical failure and had no external causation and you might be able to avoid court altogether.
December 22nd, 2013 at 11:02 am #sahra

hey jason, well the insurance ask me if i want to get my car to a mechanic i know. well this particular mechanic i don’t know him but my mechanic tell me to tow my car there because he have a transmition shop and they do work together. the first thing i heard from both insurance was there was not enough transmition fluid. however the two truck driver and a mobile mechanic both tell me i have transmition fluid. well the insurance ask me to give the mechanic the ok to work on the car means to look inside the transmition. the mechanic want me to sign paperwork to pay for this work if the insurance is not paying for it. the insurance tell me they will pay or the property owner will pay ones the find out what’s going on. well i was not willing to put my name on any paperwork before i know who will pay for the work. thats when they decide it was mechanical and they are not paying and this mechanic sound ferstrated and tell me they will not pay you for it. how ever i go to the nissan dealer and show him the pothole picture and tell him the story of my deal. and he say it is possibel this pothole cause this damage and nobody want to pay the price to find out the cause. he also advise me not to sign any paperwork and fight to the end. well right now i am thinking to have a second openion with the dealer tow my car there and let them test if they can find any link. i don’t think i will go to opening the transmition i might have to buy another car. i just have to get a second openion from the dealer this is there car they should know. what do you advise me thank you again
December 23rd, 2013 at 7:07 am #Jason

sahra,
You own the car so if the damaged is not covered, you are the only one responsible to pay. That is why you were presented with the paperwork to sign.

If it is required to dismantle the transmission to determine why it failed because there are not outwardly signs of why it failed, it is very likely that it was mechanical failure. Transmission internal failures can cause exterior transmission oil leaks.

I think the pothole had nothing to do with your transmission failure. Either you pay for the transmission repair or replacement, or you trade the damaged car in for another one. I don’t beiieve either insurance company will pay for anything.
December 27th, 2013 at 6:54 am #Amanda

Working at a chiropractic office. We had a patient from california that has allstate insurance…we are in north carolina. traveling to north carolina they were in a car accident. The patient signed a lien that states allstate send a check to us cover our medical bills for their treatment. Allstate sent the patient a check directly. Allstate is saying that California law states they do not have to honor Chiropractic liens. We cannot find this information to be true on google.
December 27th, 2013 at 7:14 am #Jason

Amanda,
The laws that apply to the specific accident are NC laws.
The lien you had the customer sign is an agreement between the patient and you. It does not include any agreement by Allstate even though Allstate is the subject of the agreement. The last sentence would be false if that agreement was signed by Allstate but I’m sure it isn’t. You cannot obligate a party that isn’t one of the parties of a contract. Technically, it would be the common practice of all states that 2 parties cannot agree to control the actions of another uninvolved party.

The form you should be having your customers sign is a form that indicates the patient is responsible for their own bills whether or not insurance pays.
December 29th, 2013 at 6:33 am #Donna

Hi,
I was rear ended on September 16th and the other driver admitted fault. Her car was totaled. I have a 2007 Honda Accord V6 with 178,000 miles. My car was taken to a Nationwide (other drivers ins. co) preferred collision center. After many issues with that center, my car was finished on 10-29. When I picked it up, it wasn’t properly repaired and the cost was $5700. There were many body issues, drove roughly, and they did damage to my interior and to my exterior paint while repairing my car. I contacted Nationwide and they ask me to take it back to that collision center and I requested another one. They agreed and had another preferred center work on correcting the issues. I received my car back on 11-27. The car still wasn’t property repaired to original condition and the cost was $6300. The damage caused by the other center was still there as well. They ask me to take it back to this same center for them to look at it a 3rd time and for me to put down another rental car deposit in order to give them additional time for repairs. I refused and have sent a self prepared demand letter for replacement cost plus compensation for loss of time and mental anguish due to this accident. At this point, my left exhaust pipe is falling down due to the bad repair job and I can’t put any money into fixing it. Being without my car has affected me and my family greatly for the almost 3 months it was being repaired. This is all so discouraging to me because I took care of my car and intended on it lasting me a very long time. Was the demand letter the correct action to take and how long do they have to respond in the state of Georgia?

I would greatly appreciate any advice you may have. Thank you.
December 29th, 2013 at 8:08 am #Jason

Donna,
You are having a repairer issue, not an insurance issue. Sending a demand letter makes no sense. Not responding to the demand letter is a response in itself. If the repairers were repairing, and the insurance company was paying, you should have continued on the path that you were on.

After doing a combined $12,000 worth of repairs to a 7 year old car, I can’t fathom that they failed to fix what was damaged.

Mental anguish sounds like a cool term but to receive compensation for that takes a lot more than you’ve experienced – a lot more. You should un-refuse and provide the rental car deposit so they can make an effort to fix your car. It won’t get fixed any other way.
December 29th, 2013 at 8:44 am #Donna

Thanks for the advice. I will do that. The second repair was a re-do of the 1st repair, not really additional work other than work on part of the frame. The first collision center missed bent rails in the car frame and didn’t estimate the value of my car correctly. They told me it should’ve been totaled but the work was already halfway complete when they realized the estimate didn’t take into account mileage. I was told the body work gapping and not looking normal is due to the bent rail repairs being done at the 2nd collision center after other parts of the body were already replaced at the 1st collision center. I guess it’s just something I’m going to have to deal with even though it wasn’t my fault and is very upsetting.

Thanks again for the advice.
December 30th, 2013 at 9:30 am #robert

i was involved in a car accident, the person who hit my car was one hundred percent at fault and had insurance, her insurance company is willing to pay, but the amount they are offering will not cover, my car, they are offering me 2000 dollars, but my car has a custom paint job & it cannot be matched, do they body shop who painted my car said he would have to repaint the whole car to make sure that the paint is matched one hundred percent. the painter is charging me 4200dollars to repaint the outside of the car and repair all damages, but the insurance company only wants to pay 2000dollars….. what do i do?
from Houston Tx
December 30th, 2013 at 1:24 pm #Jason

Robert,
You have to restrain yourself from paying for a $4000 paint job on a car that is only worth $2000. Sure a $4000 paint job will increase a car’s value but certainly not by $4000. Perhaps a couple of hundred dollars is more realistic.

Any good repair shop should be able to match the paint to a near 100% match. To repaint an entire car on body panels that are not damaged is not a realistic thing to do when the repair area paint can be matched to a very close match to the existing paint.

If you have collision coverage, file the claim with your insurance company. They likely would have an offer very similar to that of the at fault insurance company.

The best you can do is to continue to negotiate because your claim will not be settled until you accept their offer of settlement.
January 4th, 2014 at 2:37 am #Laci

Ok so I was in a car accident got my settlement and my lawyer accidentally sent me my part plus the lean for the hospital. Can he legally do anything if I dont send him back the money and just pay the hospital lean myself?
January 4th, 2014 at 8:56 am #Jason

Laci,
Why would you not send your attorney back the money? He is hired by you – why would you want to do something that you have to ask on here whether it’s right or wrong?

Also lien is spelled lien, not lean.
January 8th, 2014 at 8:41 am #Brent

Does the repair shop have top hold the insurance check until repairs are done? My repair shop deep posited the check, and I decided to go with aftermarket parts to fix my truck(to help offset the deductible) note repair shop is saying I have top use the parts listed on the quote, or it is insurance fraud.the repair shop refuses to get aftermarket parts.
January 8th, 2014 at 9:33 am #Jason

Brent,
The repair shop can deposit the check immediately after you sign it. The check should not be signed by you until the repairs are complete and you are satisfied with the repairs.

By signing the check, you’ve given up all your leverage for dictating how the shop negotiates with you. The shop can use any parts it wants unless you say differently. Since they seem to already be paid, they have no desire to change what parts they use. Nothing they’re doing amounts to insurance fraud.
January 9th, 2014 at 3:01 pm #ronnie

hi, my 2003 custom bourget kruzer (motorcycle) was stolen august 2013 and i believe my ins co is trying to lowball me on the claim ive went round and round with the adjuster and he keeps on giving me the run around is there any thing i can do they are wanting to give me 1/4 of what the bike is worth please help me if you can or any advice thanks
ron
January 9th, 2014 at 3:23 pm #Jason

ronnie,
Find comparable replacements that are available to buy to document the bike’s value and share this with the adjuster. I don’t know where you are arriving at your value but the insurance company is probably arriving at their value by a CCC Valuescope report or some other vehicle valuation report. Ask for a copy of the report since they are using it to value your cycle. They should provide you a copy for your review. Other than that, it’s about who can convince the other of the bike’s value.
January 15th, 2014 at 5:04 am #vincent

I was in a car accident with rental car. A little damage to passenger side and passenger side tire. I filed a claim with my Insurance agency. There were no other vehicles involved with accident. No Police report. I want to handle this incident with the rental car agency. I want to withdrawal claim. Insurer says I can’t withdrawal . Letter was sent to me saying I am under investigation. DO I have a right to withdrawal and do I have to cooperate if I want to drop claim and handle the car with rental company.

Thank you for response.
January 15th, 2014 at 7:45 am #Jason

vincent,
Once you submit a claim, there is no taking it back – much like you can’t take a bullet back after it leaves the barrel of a gun.

Nobody can force you to cooperate, that is up to you. There seems to be more to the car damage, your claim, and you if you are being investigated.

My guess is your insurance company is attempting to find out if there was another car involved that was damaged due to a hit and run. It makes no sense that you have right side damage to a rental car and you didn’t do a police report. I’m not convinced another car wasn’t involved.

The desire to withdraw your claim and pay it yourself is a bit more than a little suspect. Your choice of the word “incident” instead of “accident” is somewhat telling. Your lack of info. about what caused the rental car’s damage is also very odd. I’m not surprised you’re being investigated.
February 3rd, 2014 at 2:12 am #Tessa

2 months ago, I was hit by a driver in California. I was in the far left lane of a 4 lane street. She made a right hand turn onto the street I was on and she then preceded to fly across the three other lanes, attempting to reach the far left lane in order to enter onto the highway. She hit the front side panel and door on my passenger side. She was very rude to me a the scene, told me I was speeding and then tried to convince the cops on scene that I was drunk driving. All of these accusations were ridiculous and the cops told her that this was simply a traffic accident, that they interacted with me and found no evidence of alcohol. I was completely blown away by this woman’s behavior and the serious accusations she was throwing around, but I figured that she was doing whatever she could to try to place blame, since she clearly knew this was her fault. She never admitted fault at scene though.

Throughout the next few days, I sent photos and answered all the questions with my insurance company, Progressive, and was told by my adjuster that AAA, the other drivers insurance would be contacting me for my side of the story. 12 days went by, however, and when I still didn’t hear from AAA, I called my adjuster back and told her. She brought up my file, and was surprised to see that AAA had closed the case saying I rear ended their driver. She told me to call the adjuster handling the case so I did. After leaving messages for two days, he finally called me back 10 minutes before he was to go home for the day. He was very short with me and said that the case had been closed. I didn’t understand how this can be closed as a rear ending when my damage was to the front side of my car and hers was to the rear side. Nothing on the bumpers.

My next conversation with him was awful. He repeatedly accused me of driving drunk, told me I was uncooperative at the scene, and told me that I should just take responsibility for the accident. I was speechless. How could a professional company speak to me like this? There were cops on the scene. Professionals. Had I been drunk, they would know and they would have handled it. He said that the case was no longer a rear ending, and that now her story was that I had drunkenly swerved into her causing the collision. I said that I was not going to listen to this anymore, hung up, and immediately called my adjuster, in tears. I was so appalled and frustrated, and I felt like my company wasn’t fighting this for me and I was wondering why this AAA guy was being so mean and aggressive. It felt like he was taking this case personally.

Due to the fact that the AAA guy refused to look at the evidence or accept any other story other then his clients, my adjuster took the case to her superior, she said this would take the case out of the current AAA adjusters hand and into his superiors and they would re-examine all the evidence. I let a few weeks go by and finally called my adjuster the other day. She brought up my file and was shocked to see that the woman who hit me was actually uninsured and that the AAA adjuster was no longer employed with the company. Why would an adjuster with AAA pretend to represent a woman who is not insured? This scheme went on for weeks! She was so shocked by what she was reading that she told me that she needed to call me back in a few days. So that is where I am at right now, waiting for her call.

I believe that the woman who hit me and the AAA adjuster obviously knew each other and he was trying to help her out, by IDK, attempting to bully me or scare me into dropping the case? Who knows. My question is, is this insurance fraud? I am planning on taking the woman to civil court, but is there anything I can do to this adjuster or even AAA for employing someone like this? I have never been spoken to the way this man talked to me and the things he accused me of, it was terrible. I am a young woman, don’t have a ton of money, and am kind of naive to all this. But I know that I want to hold these two individuals and AAA responsible. For all I know, this woman is still driving around with no insurance and she is going to do this to someone else. Sorry for such a long story, but i wanted to give you the whole story. Thanks so much for your help.
February 3rd, 2014 at 6:53 am #Jason

Tessa,
The entire time I read your post, I kept saying, “Why doesn’t Tessa just file a collision claim with her insurance company instead of being dragged into all this drama?”

Who cares if it’s insurance fraud? Who cares what happens to the adjuster or even AAA? You should have not even had any contact with these people in the first place. Just file your collision claim with your insurance company and they will be the ones to deal with AAA.

You live in CA, so you’ll never see this woman again – why would you want to sue her if your car is taken care of by your insurance company? You’re making this accident way too complicated.
February 3rd, 2014 at 11:22 am #Tessa

Jason,
Of course the first thing i did was file a collision claim with Progressive. My problem is that it turned into a he said she said thing between me and the other driver. My insurance company said to me that figuring out which car changed lanes and hit the other is a hard thing to prove when there are no other witnesses and most likely I would have to cover the damages for my own car. Something I am not willing to do. After weeks of going back and forth trying to get AAA to look at all of the evidence and “re-open” the case we were finally able to figure out that the other driver never actually had insurance and that the whole thing was a scheme with this AAA adjuster. So now I was hit by an uninsured motorist and yes, my policy covers that and Progressive will be paying for all of my damage.

I am not trying to make this a complicated situation. But I do care. This woman has had no consequences for driving uninsured and she is still, most likely, driving without insurance. So, even if you think it is a waste of time, and it is something you wouldn’t bother with. Would you be so kind as to humor me and tell me if the scheme played out with the AAA adjuster to try and get me to pay for my own damage by “representing” a friend of his that doesn’t actually have insurance, is that insurance fraud?

Thank you for your time. I really do appreciate it.
February 3rd, 2014 at 12:54 pm #Jason

Tessa,
You can’t change the behavior of all the bad people in the world. No matter what you do, this woman will drive her car without insurance. There is nothing you can do about that.

You specifically ask if the “adjuster” and this other woman committed insurance fraud. That is difficult to answer because I can’t judge the entire actions of this woman and supposed adjuster without hearing their version of events and circumstances. It would be unfair to say it’s fraud based on only part of the information.

Fraud is defined as “intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right.”

I don’t know what the friend and woman’s “intent” was. Based on what you posted, they did not cause you to part with something of value, and they didn’t cause you to surrender a legal right.

The most I could say is that it’s possible those 2 might have attempted insurance fraud. On the other hand, it’s possible those 2 might not have attempted insurance fraud. I don’t know.

Only law enforcement or a prosecutor can take action against this woman for fraud. Since you didn’t give up a right or anything of value, you don’t have any standing to sue her civily for attempted insurance fraud.
February 11th, 2014 at 7:19 am #Anna

Where does the burden of proof lie when the insurance company denies a homeowners insurance claim due to an exclusion in the policy but cannot prove that the damages did not happen during a period when the exclusion was invalid.
February 11th, 2014 at 7:42 am #Jason

Anna,
In your sentence, you asked if the burden of proof lies with the insurance company or you. You indicate your claim was denied because of an exclusion. You say that exclusion was applied to your loss even though the exclusion did not apply during a certain time period of the policy.

There are a few situations in a standard homeowner policy in which there are exceptions to exclusions and time frames that have to be observed when coverage ceases to exist.

Any decision the insurance company makes has to be supported by the facts of the claim. If your claim is denied, the insurance company believes the denial was appropriate. You ask who has the burden of proof. If you sue your insurance company, you would have to prove beyond a perponderance of evidence that coverage applies and the denial was improper. At this point, the burden would be on you.

As a reminder to everybody, this site is about insurance claim help; not legal concerns. Technically this question is a legal one.
February 11th, 2014 at 8:01 am #Anna

i’m sorry i thought this was in the insurance law section. At this time I do not believe either party would be able to absolutely prove one way or another. The claim was catastrophic and i am just going out of my mind worrying about what to do.

thank you for your answer.
February 11th, 2014 at 8:23 am #Jason

Anna,
I am not an attorney and I don’t think any other contributors are either. When questions are identified as legal issues or need legal remedy, I will suggest to consult with an attorney. Sometimes that suggestion is the best advice I can give.
February 11th, 2014 at 10:59 am #Moderator1

Anna,

To my knowledge, if you have a “Special Form” Homeowners policy (most are) then the burden of proof is on the insurer to prove the exclusion and facts for denial on a claim for structural damage because the policy says “we cover everything except …”. This is why it is always the insurers who send out their engineers to to make their “quickie” rubber stamp inspections after catastrophies where mass denials are anticipated. This is discussed in detail in the UClaim.com eBook “Homeowners Insurance Claim Advice Deluxe”
February 11th, 2014 at 11:18 am #Jason

Mod1,
Yes, the burden of proof is on the insurance company with an all-risks policy concerning covered or excluded causes of loss and/or damage. After a denial, and pursuit in the courts, the burden of proof is on the plaintiff.

Without knowing a single element of Anna’s claim, we have to assume that the exclusion was properly applied. With a denial already issued, the burden of proof is now switched.
February 13th, 2014 at 8:06 pm #Brian

I had a two vandalism claims with farmers help point services /21 century auto insurance the 2nd one they treated me like a criminal and really did noting after coming out 6 working days later and called it a total before he even did the estimate the only thing was vandalized was a front passenger window were they opened the hood stole my battery spark plug wires ignition coil and they wrote the repairs for way over the blue book value and sent a fraud investigator to my house and they still didn’t fix my car I fix it my self for l less than $ 500.00 and when I asked them to reimburse me
Still no then later they offend 839.00 and keep my car since they over write the estimate by 1,150.00 making the total repairs $ 1989.00 calling my car a total loss I figured the car already has a salvage title on it when I bring it from Oregon to CA where I got the lamp and break check they reported it to the California DMV so I found out when I renewed my registration I paid for them online with the CA DMV and 2 weeks later I still received nothing so I called the was informed I have to do the lamp & break and pay another 300.00 to0 the DMV to renew my tags and they told my insurance reported it was in a accident I told them it was a vandalism so how ca i get my Tags with out going threw all the lamp and break checks
February 14th, 2014 at 7:19 am #Jason

Brian,
Your concerns seem to be related to the DMV and not insurance. I would hope you make your car’s lamps and brakes safe before driving the car on the road. Just get them up to standard and everything should be good. If you don’t want to have to pay to much money to the DMV, start voting anybody into office other than democrats so you don’t have backward laws and fees like you’re facing.
February 14th, 2014 at 10:43 am #Kyle

Hi on March 22 of 2013 last year my grandmother put in a claim for ice damning on her house, She has replacement insurance on her home and both south and north sides of her house were affected. The insurance company took a long time but we got three estimates in 1 month away from the 1 year anniversary of the claim being filed. The 2 higher bids were 111,000 and 108,000 dollars, the lowest one came in at 56,000 dollars. The insurance company saw an issue and asked the lowest company to revisit their estimate they did and realized they left out some things. They raised their bid to 71,000 dollars And the insurance company accepted it, The company had actually stated in talking to my grandmother that instead of removing all the insulation they could leave it in and just add more insulation. (This makes us very un trusting since there could be mold and the insullation value goes down when insulation gets wet). I am a contractor 4 hours away and know my values and pricing, This company is either going to use cheap knock off items to redo a custom kitchen or they will have to make up the money somehow. We Then told the lowest company that they must be missing something because the estimate is still to low, Yesterday they came back again a third time and stated oops we forgot more stuff and raised their price to 81000 dollars. A company that takes 3 times to finalize an estimate is very questionable and My Grandmother has said she can’t trust them and doesn’t want to use them. The only problem is the insurance company doesn’t want to raise the bid and no other contractor will touch this bid including my company. My question is what can we do to get the insurance company to throw out this companies bid and accept the other 2 companies that were within 3000 of each other and they didn’t even know each other. Please let me know what we can do as we really need to get her place started so that my Grandmother can enjoy her last couple years in her home. Thanks
February 14th, 2014 at 12:21 pm #Jason

Kyle,
There are more concerns and issues with your grandmother’s claim than just the contractor. The unrepaired water damage has existed in the home for almost 1 year. Since the damage is the result of ice dams on both sides of the house, the water damage has likely been happening for a long, long time. Ice dams don’t just appear all of a sudden – ice dams are a continual event every time there is snow on the house.

Because the damming has been happening for a long time and repeatedly, the insulation has been losing it’s insulating value over a long period of time, not just on or around March 22, 2013. I am surprised the insurance company even considered the damage a covered loss.

Regardless, it’s almost a year since the claim and a contractor hasn’t even been chosen. I also am concerned that a contractor who viewed the damage and revised his estimate 3 times is $30,000 different from the other 2 estimates. I have a suspicion the other 2 estimates are over-priced. I am more confident in the contractor’s estimate who reviewed the damage and his estimate 3 times over a period of a year. Your grandmother needs to pick a contractor. I don’t care if she picks the highest priced contractor – she, the contractor, and the insurance company will need to reach an agreed price to do the repairs.

With a claim this large, where is the insurance adjuster’s estimate? Where is the adjuster’s involvement?

Even though she still doesn’t have a contractor for the damage, that isn’t even the biggest problem she faces. A standard replacement insurance policy allows 1 year from the date of loss to make the repairs. If the repairs are not completed within a year, the policy automatically converts to (or remains) an ACV policy. This is the problem your grandmother faces in that she will have to make full repairs with the ACV dollar amount of the claim unless she is able to get the damage repaired in about 1 month. If it took her 11 months and she still doesn’t have a contractor yet, I can’t imagine all the repairs being made, and the replacement cost of her claim being paid for her claim.

Since you are a contractor and likely have worked with insurance companies before and know the insurance process, why haven’t you been helping your grandmother manage her claim? At this point in the game, it’s too late to be the concerned grandson.
February 14th, 2014 at 3:15 pm #Kyle

Hi Jason,

It has taken almost 1 year just to get the adjusters damage inspection report. She did it On January 15th 2014. I had stepped in in August after the adjuster had 2 low estimates come in to just repaint the house when I new it was a larger issue then that, The water was running on top and behind the drywall Damage the kitchen front door and basically all the drywall and insulation in the attic and on the north and south walls,Plus the carpets and linoleum in the kitchen and entry.Also keep in mind the house is 1 hour away from the city each way so the contractors would need to drive each day since there is no hotel to stay in. I wish now that I had quoted for her job as one of the three because we could save a lot of time, I had previously calculated the costs to repair the work to know if the estimates were correct, my bid would have been 106,000. The Largest issue we have is the low estimate coming in at 81000 dollars compared to 108,000 and 111,000. With the issues we have had with the low bid company my Grandma has been under a lot of stress and can’t sleep, they have had to move her to a hotel because of health issues and now she lives out of a suitcase for the last month and a half. I’ve done the calculations and 81000 cant touch the work needed plus when will this company say oops we forgot something else, because after looking at their estimate they forgot a large built in desk and the installation of a built in China cabinet along with other stuff I may have missed. What do we need to do to have this company removed from bidding to even bring in a blind bid so knowone can sway the bid of another contractor that could bid to make sure the bids are correct. Thanks
February 14th, 2014 at 3:24 pm #Jason

Kyle,
Your grandmother is running out of time with this claim. That is the important thing to know.

Have your grandmother choose the contractor she wants and have her and the contractor work with the insurance company to arrive at an agreed repair price.

This isn’t complicated, but choosing a contractor is what your grandmother needs to do.
February 20th, 2014 at 12:11 pm #Scott

Last summer we had a hail storm come through and damaged our car. The adjuster wrote a check out to the lien holder and us. I decided to pay off the rest of the car with the check that was given to us. Almost a year later, I kind of want to get the hail damage fixed. There is a paint less dent repair that says they can go back after more money to get the car fixed since the adjuster quoted and issued a check for a much smaller amount more than likely. Is this legitimate or should I keep away from this? Thank you.
February 20th, 2014 at 1:46 pm #Jason

Scott,
You pay your premiums so the insurance will cover hail damage to your car. Work with the repair facility to get the car fixed. It doesn’t matter what you did with the money originally. You will have to pay that amount, and your deductible to the repair place. The repair place should be able to work out any shortage in the original check with your insurance company so get it fixed if you want.
February 22nd, 2014 at 1:31 am #Timothy

hi, i was involved in a little accident earlier, we both were backing up. and i did every step i should before i back up, look at all mirrors, turn around to both left & right shoulder before i back up, and i was backing up, i saw a car on my left side behind me is also backing up, i immediately stopped and horned. however, she hit me anyway. and it was her bumper hit my quarter. my insurance(farmers) replied me after a couple days saying they couldn’t reach the owner of the other car, so i called the other party’s insurance(AAA), and somehow AAA only agrees with 50/50 because we are telling different stories. i did take pictures of my car and the damage should tells the truth that i was actually stopped because its dented and no scratch. and my insurance says if the other party says it’s 50/50, they couldn’t change their decision. i doubt when i was hit on the side by her rear bumper, am i really responsible to the 50%??
thank you for taking the time to read and help.
February 22nd, 2014 at 1:37 am #timothy

and yes, there were no witness or police report.
thanks again and sorry for posting 2nd post…
February 22nd, 2014 at 8:30 am #Jason

Timothy,
The effort to get the insurance companies to change their 50/50 assignment of blame is not worth it. Your insurance will pay your portion of this claim.
February 24th, 2014 at 8:31 am #Agnes

hi,I got into an accident,My car was hit and the guy who hit me was actually nice and apologetic,he gave me his insurance and driver licence,so i didn’t call the police, but now i have a problem with his insurance,the are saying that they are unable to resolve this claim because they are awaiting their insured’s description of this loss. and its been over a month and they are still sticking with the story that they can’t contact the guy,their own client? i know its a lie. What can i do?
February 24th, 2014 at 9:00 am #Jason

Agnes,
Don’t rely on other people’s insurance to protect your property. You should file a claim with your insurance company under collision coverage. Then let your insurance company work out the details with the other guy’s insurance. Although you will have to pay your deductible, you should get it back when your insurance company collects it from the other guy’s insurance company.

Also, always, always file a police report when you are involved in an accident.
February 28th, 2014 at 1:23 pm #Luke Benoit

Vehicle repossessed. Lien holder requested I Start a claim with my Insurance to repair damage to passenger side rear of vehicle.
Adjusters Inspected and put repair cost total at 2,148.81. To include Frame and Uni-body inspection and repair
Insurance claims paid out 2,148.81 to repair the 2005 Chevy Tahoe.
The vehicle was sold for 6,800. Marked on the Auction Company form. Frame and uni-body damage on the bill of sale as a red light/ damaged vehicle. This was a receipt of sale.
Why sell as damaged if insurance claims paid to fix the vehicle?
Money went to the loan deductible (the bank basically paying itself) and selling a damaged vehicle for scrap and leaving the left over debt for me to pay
K.B.B. and NADA Trade in price is $7,698, private sell $13,253, and suggested retail is 14,153. None of these prices reflect the actual private auction sale.
The bill of sale at auction showing frame and uni-body damage puts the vehicle possibly either parts or scrap depending on the highest bidder. No one files an insurance claim and repairs a vehicle, and then sell it for scrap or parts listing. As what has happened here.
This is what I asked when you first approached me, and I still have no answers in Four months why I took a double hit for a totaled vehicle?
I requested an investigation into who messed up to sell the vehicle at loss and put the remaining balance on me. Totaling in estimate around 5,000 dollars. A repay of either my losses in insurance repair, deductibles, and raised rates. Or loss in vehicle value causing a negative at auction.
Further more if I was aware of frame damage and knowing that totals a vehicle I would have no chance but to do so and pay of the total amount of the loan but lien holder did not make that available. I have received no reply
The vehicle was run able drivable and with title and should have been sold that way. As the Auction sales slip proves it was not. The insurance documents shows it had been freshly repaired.
February 28th, 2014 at 1:46 pm #Jason

Luke,
Vehicles that are repossessed don’t sell for anything close to retail – instead, they are purchased in the wholesale market. The amount you indicates seems reasonable for wholesale and will be a value less than trade-in.

If you question that the vehicle was not repaired and sold as is, then request documentation from your bank that the insurance funds have been applied to your loan balance. If the vehicle was repaired, request documentation of which repair facility repaired it and proof of payment for the repairs.
March 3rd, 2014 at 10:40 am #betty

I put insurance on our truck on a Friday we had a barn fire Saturday morning which our truck caught fire our insurance company does not want to pay for it because I just put the insurance on it I did not have insurance for about 3 months because we could not afford it is there anything I can do they took my money for insurance
March 3rd, 2014 at 9:09 pm #roxanne

I just found out today that an insurance check was issued to me, the executor to my dads estate and the executors attorney. My house burned down years ago, that was left to me in my fathers estate. Shouldn’t there have been some forms that had to be notarized before the release of the check? I absolutely did NOT have any idea of this. I know the statute of limitations may have ran out for fraud and forgery against the administrator/executor of the constructive trust but can I sue him in civil court and what would the chances of winning be do you think? The court was not told of this act in final accounting either.
March 4th, 2014 at 8:55 am #Jason

roxanne,
Sue him for what? Based on the information you provided, your suit would be unsuccessful even before you paid the filing fee. Nothing you posted shows anyone harmed you in any way.

Executors work with the direction of court orders. You may want to attend those court hearings so you are not left in the dark. You ask if there should have been notorized forms – if you are not part of the process, how would you know these forms don’t exist?
March 4th, 2014 at 9:09 am #Jason

betty,
You have a suspicious claim. You provided little information other than you obtained insurance for your truck hours (7-19 hours) before a fire that likely totaled your truck. I think there is more to your situation than you’ve provided.

What you can do is retroactively cancel your insurance to the day after you got it so you can be sent a refund of your premium.
March 7th, 2014 at 4:58 am #Becca

I live in Southeast Texas and we had an isolated hail store that damaged my vehicle. It’s a 2013 flex. I was not aware of the damages until I had taken it into a dealer to trade it in and the appraiser told me he couldn’t offer me a value due to the extensive damage. He took the time to show me what damage he could see and informed me I should call my insurance company. He did tell me that if I was to get the car fixed it was worth 20 and without repairs maybe 16K. I called my insurance and they sent out an adjuster who at first stated the car would be repaired by PDR however an hour into his investigation he decided that PDR would not be a reasonable solution and the repair estimate is 9300. Upon taking it to my body shop they found an additional 3k of damages that were not accounted for which has raised the repair estimate to 12,300. I feel that the insurance company should total the car and I would like to understand if I will have to take legal action to resolve this?
March 7th, 2014 at 11:51 am #Jason

Becca,
Insurance companies will generally total a vehicle when its repair is more than 80% of its value. Your vehicle doesn’t seem to reach this threshold. Taking legal action would be a complete waste of your time.

If the damage is $12,300, obtain the insurance proceeds and trade your vehicle in for $16,000. That seems to be the logical move. Why would you spend $12,300 in repairs to increase the vehicle’s value by $4000?
March 11th, 2014 at 2:59 pm #Jenny

I have a small business, which has a lot of inbound and outbound shipments. So I purchased cargo insurance from UPS Capital Insurance since 2010. In Jan 2013, there was a damage in my shipment. The dry van leaked during a storm and one pallet of goods ( all electronics) got wet. We filed the claim to the insurance company. They had no double about the water damage, but when estimate the lost, they refused to compensate for the total, but requested inspection. We are a dealer and did not have the expert and equipment to estimate the lost. Those products were imported and it was almost impossible to send them back for inspection. So the insurance company posted a bid online, looking for inspectors. Finally a company claimed they have the ability to inspect those products ( all are electronics). And they come to our warehouse and inspect those products. To our surprise, this company did not have much knowledge nor the equipments to do the inspection. All them did was plug in power, see them light up, then claimed the products working. This was riticulous. We protested to the insurance company, and found out this small company was an end user of those products, not a manufacture, not a research or repair shop. The insurance company ignored our protest and issued a check of extremely low value, far from enough to cover the lost. We did not accept it. And they did not reply to our emails any more. One month later, the engineers of the original manufacture came to the US for exhibitions, and we had them inspected some of the products. They found severe water damages to the products. We contacted the insurance company about those again, but they did not respond to us.

What can we do next? What’s the best way to deal with the insurance company?

Your help is highly appreciated.
March 11th, 2014 at 4:05 pm #Jason

Jenny,
Get a letter and an estimate from the manufacturer that indicates the items were damaged by water. Submit this information to the insurance company and ask that they pay the claim based on the correct information. Send the prior check back. Get the claim manager involved – or the claim manager’s manager.

If you can’t get it resolved this way, you’ll probably have to sue.
March 23rd, 2014 at 1:18 pm #Robert

if you cash an insurance claim check,and the release was stamped on the front of the check but have not signed the formal release form does this count as the final payment? i reside in NC. And the insurance company has also closed the medical claim without paying the medical bills..the incident occurred in January.
March 23rd, 2014 at 2:38 pm #Jason

Robert,
It might or it might not. You don’t provide enough information to provide a more accurate response. What is the check for that was sent to you? Are you the insured or the claimant?
April 3rd, 2014 at 10:40 am #Jan Green

A truck backed into the front of my vehicle which caused damage to the radiator and compressor. The insurance company issued a check. They have called stating the damage was prior and will issue another check for a lesser amount. What can I do to dispute this and now the 1st check is void?
April 3rd, 2014 at 8:54 pm #Jason

Jan,
Simple solution – file the claim with your insurance company for collision damage. They may pay for more than the other guy’s insurance. So what if you have to pay your deductible? Your insurance company will collect the deductible from the other driver’s insurance company and send your deductible to you.

Don’t rely on other people’s insurance to protect your property. With your own insurance company, you are their insured and customer; with the other guy’s insurance company, you are the claimant and clearly not their customer.

If some of the damage was prior, neither your insurance nor the other guy’s insurance owes you anything for prior damage not caused from the accident. I have concern there may have been prior damage because although you were hit in the front, there is no damage to the hood, front bumper, grill, and/or radiator support. All these components are all between the truck that was backing and the your vehicle’s radiator and compressor.
April 19th, 2014 at 10:44 am #Laura

Jason, our BMW 1200GS Adventure was involved in an accident. The motorcycle was deemed a total loss by the insurance. The insurance company had the bike towed to the salvage yard. When we received all the break down of pay out the amount was too low and based on a BMW 1200GS. I gave website proof of what was considered “Standard” on a 1200GS adventure to the adjuster. The adjuster said I was correct and the motorcycle is worth $3,000.00 more, so they are having our Motorcycle towed back from the salvage yard and a new estimate done to see if the motorcycle can be fixed or deemed a total. The bike was brought back to BMW with extensive additional damage because whoever towed the bike dropped it on the right side and damaged the frame of the bike and much more. The motorcycle was deemed a total loss due to the additional damage caused by the insurance having the bike towed by an incompetent company. So know I am out of a motorcycle and need to buy a new one. How can I hold the insurance company responsible for the additional damaged to my motorcycle? Is there anything I can do? This has been a nightmare with our claim.
April 19th, 2014 at 3:43 pm #Jason

Laura,
If I’m understanding you correctly, your bike has been re-valued at a higher amount and the bike is still being totaled. I don’t know anything you should do except to get and cash the settlement check and purchase another bike.
April 21st, 2014 at 10:42 am #robert

My friend got into a car accident with a truck Her and her step mother was in the car. They both have 2 different lawyers; but going to court on the same case. My first question; would it be 2 different cases being that it is 2 people suing. the 2nd question; wouldn’t be more smart to have 1 lawyer if it is listed as the same case. If it helps it is in the state of NY
April 21st, 2014 at 1:50 pm #Jason

robert,
Although the accident is something they have in common, their injuries, medical care, and claims are different.

When an attorney represents a person, that person’s claim is not going to be the same as another person – even if they were in the same car at the time of the accident. An attorney best represents only one client at a time because if he had two or more clients, their interests, direction, and desired outcome may (and probably will) conflict. It seems having 2 separate attorneys makes perfect sense. There are 2 separate and distinct cases resulting from 1 accident.
April 26th, 2014 at 9:55 pm #Jason

Tom,
With MSD, you would be the claimant and your claim against them would be 3rd party claim.

You should really have your home owner insurance company involved with your claim. With your insurance company, you would be the insured and your claim would be a 1st party claim based on your contract (insurance policy) with them.

Your situation seems rather complicated and you may need to consult with, and maybe hire, an attorney.
April 30th, 2014 at 1:45 pm #Rosie

I surrendered my car back to the bank. I met the tow guy at a parking lot behind a restaurant so he did not have to come to my home. Two weeks later I get a call from my insurance company stating there was $1,800 worth of damage to my car. I bought the car brand new, & it had less than 5,000 miles and I had it for only 10 months, there was NO damage.

I told my insurance company I am disputing the damage because there was none and they said they had pictures from a company working on behalf of the bank.

My insurance company said they still have to pay the damage even if I dispute them. I told them NO they have NO proof that I damaged the car.

The company working on behalf of the bank said that if I dispute that there was no damages, then they would need a letter from my insurance company stating I am disputing the damages then they will close the file and send it back to the bank.

My insurance company is refusing send this letter to them, stating I am disputing the damages, so they can close the file and instead are willing to pay the disputed damages.

This is such a nightmare for me, I should l have taken pictures before I turned it in.

What are my remedies if any, since I do not have proof that the car was turned in perfect, (even though it was) as well as they have NO proof that I did the damages.

Why is my insurance company willing to pay for something that I dispute and the company working for the bank is willing to close the file and send back to bank, and then the bank will have to deal with me to resolve this.

Thanking you for your response if you can give me an answer, it is appreciated.

Rosie
April 30th, 2014 at 1:51 pm #Crystal

If my car is at a dealership for a recall repair and a bad storm/tornado comes through and my car is damaged/totaled, would the dealership be liable for the damage?
April 30th, 2014 at 2:42 pm #Jason

Rosie,
In your situation, you are/were the insured – now the bank is the insured (through your policy) and they made a claim as the lienholder for their collateral. The insurance company has an obligation to you and to the bank for damage to the car.

I don’t care when or how the damage occurred to the car – if they claim there is damage, there is damage.

You can’t change the situation – so don’t waste any effort trying.
April 30th, 2014 at 2:50 pm #Jason

Crystal,
No. When your car is damaged or totaled by weather conditions, the delearship has no control of the weather and is not responsible for the occurence of high wind damage. The dealership didn’t do anything wrong to cause your car to be damaged so they would not be liable.
May 2nd, 2014 at 9:02 am #Summer

How does it work if the other party is at fault and state farm (other party insurance)said when i get ready to have it fixed to let them know and they will take care of everything- but what if i have someone on the side that is going to fix it? How do i get the check to fix my vehicle?
May 2nd, 2014 at 10:03 am #Jason

Summer,
Take your vehicle to the repair guy you have on the side and they will take care of paying for the repairs by your on the side guy.

If you have collision insurance, file this claim through your own insurance if you simply want a check. Your insurance company may handle it the same way.
May 6th, 2014 at 5:37 am #JB

My son broke his arm in a car accident. His friend was driving and hit a tree. We did not get a lawyer but his hospital and dr bills were $25,000 and the insurance offered $27000. So then we tried to get a lawyer but the insurance would not budge unless we went to court. My medical insurance refused to pay because it was an auto accident. But for some reason 9 months later my medical paid all the bills except for deductibles. At the lawyers suggestion we released the lawyer and wanted to take the the original offer.

The insurance company says there are no liens on the money but they will not give us any money until WE get a release from my medical insurance. is this typical? Why do we have to do it? Why can’t they do it?
May 6th, 2014 at 6:27 pm #Theresa Epps

I got into an accident so of course my insurance sent me a check for the primary estimate & they have taken my deductible out so why am I also paying the body shop a $500 deductible? I thought you pay only one deductible & that’s to your insurance company & they pay for everything but noooo now I have to come out of my pocket with an extra $500 to the body shop,why?
May 6th, 2014 at 6:43 pm #Jason

Theresa,
Let’s say the damage estimate is $3000. Your insurance company pays $2500 of that and you pay $500.

The total amount the shop collects is $2500 from insurance and $500 from you. The total is $3000.

Rest assured, you are not being hit with your deductible twice.
May 7th, 2014 at 11:40 am #Amber Schweizer

I switched to State Farm Insurance last year because they saved me money on my home owner policy. Part of the stipulation for them insuring us was to be claim free for the last 3 years. Two months after we switched to them we had a major hail storm in the area. My agent told me that since I was new they were going to cancel my policy if I put the same shingles back on my roof. That if I paid for impact resistant roof out of my pocket they would not cancel my policy. They did not require this out of anyone one else in the area.
May 7th, 2014 at 11:55 am #Jason

Amber,
An insurance policy is a contract between the insurance company and an insured. Either party can require certain things if the other party agrees. If there isn’t an agreement, there cannot be a contract, and the policy ends or is canceled.

If they require you to put on impact resistant shingles, you can do that and a contract is made or you can refuse and the contract will end. The specifics of insurance policies are not always the same for everybody so to say that they didn’t or don’t require this of others is not accurate.
May 7th, 2014 at 9:49 pm #David

Can an insurance company or adjuster advise a homeowner to NOT pay the contractor if the insurance company feels the contractor caused the loss on a resede cial property during the course of a remodel or other home upgrade project?
May 8th, 2014 at 6:23 am #Jason

David,
Someone telling you NOT to do something like you suggest is like someone telling you to pay the contractor because they feel like you should.

Since you mentioned this is how the insurance company “feels”, they should not be doing that. Emotions should play no role in who gets paid and who doesn’t.

An insurance company employee isn’t a payment recommendation company so they shouldn’t be doing what you indicate they are doing.
May 9th, 2014 at 12:01 pm #Heather G.

I purchased a 2010 Keystone Hideout 19flb travel trailer January 23,2014 and I financed it through USAA. I also insured it through USAA because that’s who we go through for our car insurance. I filed a claim for hail damage the trailer sustained March 29,2014 and they sent someone to my house from a local RV dealer to take a look at it and give me an estimate on damage and repairs. The gentleman asked me if I wanted him to “total it” and from that moment on I have been incredibly confused. I explained to him that we just purchased the unit and we would like to keep it. He then told me he wouldn’t write down everything because if he did USAA would definitely total it. He left and later called me to tell me that the estimate he submitted to USAA was for $7500 and that USAA would be in touch. The following week USAA called to inform me that they were going to total the trailer. They said that the ACV= ACTUAL CASH VALUE was $10,395.00. Okay so here is my problem- I owe $8935 for the trailer and the $10,395 will pay off the trailer but that number is FAR from the actual value. We purchased this unit from an older couple that had only used it a handful of times (they were selling due to medical and financial reasons) and the trailer was/is immaculately kept. NADA and BLUE BOOK value was well over $16,000 and we have put in upgrades like 5 brand new tires ($500) and a porcelain toilet ($400) etc. When we applied for the loan USAA was more than happy to approve it because the trailer was worth way more than asking price and that was just a few months ago. USAA has never sent anyone out to appraise the trailer- they are going off of “comps” in my area. When I asked about a buy back option I was told that I couldn’t buy it back because this was a catastrophic claim. THAT MAKES NO SENSE TO ME

I have looked over and over my insurance policy and I can’t find anything backing that up. I have the comprehensive & collision coverage as well as a towing a labor coverage with these deductibles.

Deductibles
Comprehensive 0 / Collision 50

I need to know why the ACV is so low and what I can do it increase that and is it really legal for them to not offer a buy back option because the hail storm that hit my area was considered catastrophic. I live in Texas and every place I have researched/called does offer buy back options. THANK YOU SO MUCH IN ADVANCE!!!
May 9th, 2014 at 12:24 pm #Jason

Heather,
It seems USAA decided to total the trailer instead of repair it. That is their option.

As far as their valuation of the travel trailer, they must be using some kind of database such as CCC Valuescope to provide them with a valuation. If you go to nadaguides (dot) com/RVs you should be able to build your travel trailer’s NADA valuation. You can use this valuation to support why their valuation is incorrect. There are other sites available too, such as Kelly Blue Book Valuation Guide that should give you a good idea of its worth.

There are a number of options and features for the travel trailer and USAA might not be considering all those items to develop an accurate valuation.

USAA is a good company but if you just financed it with them, they likely know exactly how much you paid for it for and they may be basing their valuation upon that information – but that is just a guess.

A settlement is reached when both the insurance company and you agree to the terms of the settlement. If you don’t like it, you can refuse to accept it and the claim remains unsettled. Keep negotiating for a fair settlement.

When the travel trailer is totaled, USAA basically buys it from you in the form of a settlement payment. USAA will then sell the damaged travel trailer to recoup some of the amount they paid to total it. I don’t know why they are not providing you with the right of first refusal to “buy it” back from the insurance company. That is common procedure – but that is not confirmed in writing in your policy. It’s now up to you to negotiate the best terms if that means increasing the totaled value or buying it back, or both.
May 12th, 2014 at 3:56 pm #Jake Henley

I lived with my dad for the last 20 years
He died in 2007
I continued to pay the house payment
In 2009 the house insurance lapsed so I got a new policy
Dad and I were both “named insured”
Just now finished an insurance claim
Insurance company wants to put check in my name and the estate
I was told that when I sent in death certificate insurance company would
remove dad’s name from policy
Everything claimed I owned
I have receipts from 2010 for 95% of the stuff claimed
(He had been dead for 3 years)
Nothing of the estate was claimed (everything was divided up)
The first two checks I got were made out to my dad and me with a / in between our names
Now they included the estate, and estate closed in 2012
I thought we had joint ownership for the policy
Do I have to share my claim money for my stuff with the estate?
Even when dad was dead when I bought the policy?
May 12th, 2014 at 7:56 pm #Jason

Jake,
Your father passed in 2007 yet you included his name on a newly purchased policy in 2009? You mention “joint ownership” but I don’t understand why you would purchase a policy with someone who has passed.

Your dad’s estate owns the policy with you. That translates to the estate owns the claim, and its proceeds, with you.

You may need to discuss your situation with an attorney to get to an outcome that you want.
May 21st, 2014 at 8:22 am #Jon

Hi. I need some help I live in Ohio. I have 2 dental insurances. One from my parent and one from my employer. The one from my parent I had the longest (first). Now my question is, when it comes to coverage, which would be my primary insurance? Do I get to choose which is it? Or is there a law that determines which would be my primary insurance. I would really appreciate a correct answer if anyone knows anything about it. Thanks.
May 21st, 2014 at 8:44 am #Jason

Jon,
Generally the insurance closest to you would be the primary one (unless medicare is one of the insurance plans – medicare is always primary). Your employer insurance would be under your name, whereas your other insurance is under your parents name and you are listed as a dependent.

Enter the following words into your browser and review the top couple of results to find your answer: “insurance primary secondary”.
May 21st, 2014 at 9:07 am #Jon

Jason, Or anyone else

Is there a law or anything that states that my dental insurance from my employer should be the primary insurance instead of the one from my parent. The reason I ask is because I want the dental insurance that I get from my parent to be my primary insurance because it’s better and it has my dentist under contract which I get better deals from my dentist with that insurance than the insurance I get from my employer which does not have my dentist under contract. Thanks
May 21st, 2014 at 9:13 am #Jason

Jon,
I don’t know how the primary and secondary was set up, but it seems to be well established which company is primary and which is secondary. I know of no instances when the pecking order was not followed.

Just go to your preferrred dentist. The claim will be sent to your employer insurance company and they will pay whatever their amount. Then the claim goes to your secondary (parents) insurance to pay whatever amount they are going to pay.
May 21st, 2014 at 9:55 am #Jon

Jason thanks for your answers. I have another question, this can be for anyone that can help me. I have 2 dental insurances, do I have to tell one insurance that I have another insurance? If I don’t is there any consequences?
May 21st, 2014 at 1:22 pm #Jason

Jon,
The coordination of benefits rules in insurance contracts require they know all insurance plans. Whether you want to withhold this information from your insurance company and your dentist is entirely up to you.

I don’t understand your end goal. If you have two insurances, there is no disadvantage to letting the primary insurance and your dentist know this.

CORRECTION – In post 1033, I mis-stated that medicare is always primary – it isn’t always primary like I indicated. See medicare (dot) gov/Pubs/pdf/02179.pdf
May 30th, 2014 at 3:12 pm #Laura

Hello,
I work as an in home CNA and travel to my residents home. While at a residents home their 200 year old oak tree fell and landed on my car parked in their driveway on a bright sunny day without a storm cloud insight. The homeowner called her house ins. they took my information (make,model and mileage of car) told me on the phone if the homeowner is found negligent they will not cover my car.
The home insurance sent out a third party person to take photos of the tree on her ipad. A couple days later the insurance adjuster called and said based off the pictures that this incident was considered “An act of God”. Later that week I received a denial letter stating that the homeowner was not found negligent so they would not cover my damages.
Is that normal practice that they base their findings off of pictures? Or should they have sent a claims adjuster in person? The trunk of the tree was completely hallowed out !Obviously there is some sort of fungus or insect hallowing out her trees. No one seems concerned that there are 10 more very large and oak trees that line her driveway that could have the same problem as the one that totaled my car.
Although I know longer have a car (because I only carried liability ins.) I am very grateful I was not under that massive tree. My concern is for the other CNA’s that go to her home and take care of her husband. If one tree is diseased and falls on its own weight what is the chances another tree next to it wouldn’t?
So did the insurance just not wasn’t to know about the risk of diseased trees? I asked the homeowner if she had the rest of her trees inspected by an arborist and she said no and doesn’t intend to.
So is it just not knowing that leaves you from liability on the insurance and homeowners part?
May 30th, 2014 at 4:41 pm #Jason

Laura,
If a homeowner did something or failed to do something that an ordinary person should have done or not done would reach to the level of negligence, and their insuance would then pay for any resulting damage. Most, and nearly all, homeowners do not intimately inspect their trees. The tree, by your confirmation, stood for 200 years. If it stood that long, one would expect it to continue standing. When a tree is hollowed out, it displays no outward signs that it is about to fall. If there was reason to suspect it would fall, the homeowner should do something. It is not only the responsiblity of the homeowner to make sure they eliminate dangerous conditions on their property, but it is also the responsibilty of people who park near any tree to take precautions.

You parked your car near the tree so it seems you had no suspicion it would fall. The burden of protecting ones property rests with the vehicle owner not to park where damage may occur. Nobody cares more about their vehicle than a car owner.

When the person came out to inspect the tree, that person was likely an independent adjuster who collected information and submitted the information, including photos, to the insurance company. Insurance companies take denials seriously because if they don’t, they would have to defend more lawsuits.

We can’t assume that just because one tree fell that others nearby are also going to fall. Although people use the term “act of god”, it is more accurate to call it an “act of nature”. Trees fall all the time for a bunch of different reasons.

I’ve written this before. Don’t rely on other people’s insurance to protect your property. Not having physical damage insurance means that you accept any damage that your car sustains.
May 30th, 2014 at 10:50 pm #Laura

Jason,
While I agree that people take precautions to protect their property as I always do . This particular tree wasn’t any where near my car, it fell diagonally across the driveway onto the center of my car. There is no parking on the street no other choice but to park in the drive.

My biggest shock is that if one tree falls that “looks” healthy a reasonable person would check the other trees that “look” healthy to make sure one doesn’t Kill the next person that walks up their driveway.

I did have an Arborist look at the photos and told me there is a fungus in the tree and that most likely the roots and surrounding trees are affected.
I just cant believe that there are people out there with no regard for another persons life. Next time maybe it will be someones life.

I will take this to small claims court just to have a paper trail that there are diseased trees on this property. Even if I do not collect a penny I know If ever someone gets hurt the courts have record of this property.
Laura
May 31st, 2014 at 12:45 am #Jason

Laura,
It’s difficult to say the tree was no where near your car when it landed on top of your car to cause so much damage that your car was rendered a total loss. That result would dictate that your car was close enough to the tree to cause severe damage.

Other choices are to take a taxi to work or to park 2 miles away and walk to work, so there are other choices than parking under trees. It’s odd that you want to blame the homeowner when you take no personal responsibility for your loss.

A reasonable person does not check every tree that they encounter. Instead, a paranoid person checks every tree they think might be in danger of falling. A paranoid person might also want to check every bridge they cross or every tunnel through which they might pass. One has to be aware that bridges and tunnels sometimes collapse.

Your arborist did not tell you that it’s probable that near-by trees are effected. Instead you arborist told you that it’s possible that near trees may be effected. There is a distinct difference between probable and possible.

Other people are not responsible for your or your car’s safety. That burden rests with you. If you are so paranoid that a tree will kill you or someone, then you need to expand that to anything like a building, airplane, or meteroite that could fall and kill you. That is irrational thinking.

When you collect nothing for your small claims action, just be satisfied that you wasted your efforts and money knowing that a paper trails mean nothing. A rational thinking person would consider those efforts to be a waste of time.

You are angry and upset that a tree totaled your car and you can’t blame someone other that yourself for that loss. There is nothing you can do that will change that fact.

Finally, it’s ironic that you trust an arborist to make a conclusion based on photos, but you condemn an insurance company for relying on photos for their determination.

Information provided on this site is based on reasonable expectations and reasonable remedies. The information provided is based on experience and insurance knowledge. The responses rendered on this site are not based on emotions and never will be.
May 31st, 2014 at 6:42 am #Laura

Jason,

You obviously do not know what an at home CNA worker does. At times I have to drive my residents to P.T. or doctors appointments my car is needed for the job. Asking a 85 year old person to walk 2 miles to my car is an unreasonable request.

The trees on her property are well above 50 feet tall so it falling diagonally onto my car isn’t far fetched.

Asking a person to check their trees of that magnitude isn’t unreasonable .What about the safety of the post office, U.P.S. or Fed Ex that has to deliver packages or the paper boy that walks to their stoop?

Obviously, you haven’t read Lew Bloch’s book on Tree Law Cases in the US. There are many cases where the resident was held responsible for a failed tree.

And lastly, I don’t believe my efforts will be a waste of time! This case isn’t based on resentment over the loss of my car, I have another car I am not without transportation.

It is however about principle and making people understand that the choices they make to not maintain a safe walkway for guest can harm someone or worse kill someone.

Laura
May 31st, 2014 at 10:43 am #Jason

Laura,
Rest assured, I know exactly what a CNA is and does. You don’t have to ask an 85 year old person to walk any distance. Either put the elderly person in a wheelchair and push him/her to your car, or let him/her use a hoveround so they can navigate the appliance for themself. You also have the option of that taxi I mentioned before. There are many options here.

A good rule to follow is that if a tree is 50 feet tall, and you fear it may fall on your car, don’t park within 50 feet of the tree.

You are incorrect – it is unreasonable to ask people to check their trees. In fact it is so unreasonable that it is rude. If you are so concerned about UPS, Fed Ex, or paper boys, you may want to work on an initiative to get them all M1A1 Abrams tanks so they can be protected from any trees that may or may not fall.

Regarding the Bloch book are you assuming I didn’t read the 1st edition or the 2nd edition? With the following positions, I find Bloch’s credibility suspect: Judge for the American Association of Nurserymen national landscaping awards, Assistant to Lady Bird Johnson’s Beautification Committee, and Judge for the National Swimming Pool Association national awards competition. Although the position of “judge” sound impressive, it doesn’t move me. I find no link between his 60 years of nursery, landscaping, and tree service to being qualified to be a judge for the swimming pool competition.

Although you want to cite many cases where a homeowner was liable for a felled tree, there are thousands of cases of no homeowner negligence for every one negligent tree case.

In your case, what are you suing the homeowner for? Isn’t it for the total monetary loss of your car? That would seem like your case is all about the loss of your car. I am confident you have no wording in your summons and complaint that you want a final judgment and order that “makes people understand they are potential killers by not maintaining their property”.
May 31st, 2014 at 11:37 am #Laura

Jason,
You are assuming if I won a lawsuit I wouldn’t buy my next resident the latest and greatest hoverround …the resident that makes sure I have a save trip to their door so I can wipe their butts.

As a homeowner I take every precaution to make sure that my property is safe. That my dogs don’t get out and that I am just a good neighbor. Crazy of me! I could save some money (on salt and fences and a numerous of other things) and then when “stuff” happens I could just fold my arms and say “Not my problem :)”

Silly of me to expect the rest of the world to be concerned about another person! Others are concerned about the cost to make their property safe rather than the tragedy they can cause another human being. Clearly you seem to be in that boat!
Laura
May 31st, 2014 at 11:47 am #WhyAreYouStillTalking

Laura,

It seems like you had your mind made up before you asked for help. Why don’t you just go take whatever action you plan to take and stop harassing someone who is helping, for free, simply because you don’t like his answer?

We get it. Your job can be shitty at times. Take responsibility for your actions (or inaction). You chose not to protect your property by carrying only liability insurance, yet you want someone to confirm your thinking that the homeowner is negligent for not having their trees tested by an arborist. The only ones to blame here are you and the tree, and good luck suing the tree.
May 31st, 2014 at 12:02 pm #Laura

Jason,

I apologies if I came across as harassing you ! It just infuriates me when people have no regard for another human being .

I suppose I live in a fantasy world ! Just because I care about others I expect the same. Its just to bad the world is the way it is !

Thanks for your time!
Laura
June 4th, 2014 at 5:36 pm #Diane

Hi, We have an above ground pool. We live in upper Michigan. This past winter we had a hard one with high winds. We noticed In April that our pool was damaged. We called and filed a claim. We are denied, they say it was heavy snow and ice that clasped our pool. Any thoughts on this?
June 4th, 2014 at 6:02 pm #Jason

Diane,
Under the coverage of 1. Collapse and 2. Freezing, Thawing, Pressure, Or Weight Of Ice Or Water, a swimming pool is specifically excluded. If damage was caused by fire, wind, theft, vehicles, vandalism, or a dozen or so additional perils, the pool would be covered. The closest one is wind, but since the pool was damaged by the weight of ice and snow and it collapsed, it appears the denial is appropriate.
June 6th, 2014 at 7:41 pm #Ipo

Hello, I hit my a wall at work building with my car. The building is mostly an office building with one tenant that has a live/work space. The building is not up to code, according to almost everyone that works in it, but no one will report it because they are afraid of having to shut their businesses down. With that being said, the outside wall is stucco, and the inside wall is drywall, with no pipes/structural foundation in between. A few people that have seen the damage (only one being a former contractor) estimate it to be no more than $15,000 on the HIGH end. The owner of the building refused to let my insurance company come out to do an estimate, and within 4 days of them requesting to come out, the building owner had an insurance company come out and have already repaired the inside wall. The estimate has still not been sent to my insurance company, however, the building owner is trying to claim roughly $10,000 over my maximum coverage of $25,000. Also, in the meantime, the building owner has been through the particular office I work in with two men, measuring things and taking pictures throughout my office and the rest of the building. My accident happened on one small corner of the building, no where near my office. The building owner has expressed a desire to come after me personally for whatever they couldn’t get covered. I really feel the building owner is committing insurance fraud, and using my accident to cover much more than…well…my accident. My question is, what can the building owner do/not do, and what are MY rights? What precautions should I take? Should I just report the building now, even though others would be affected, including possibly my job? I really don’t know what to do, but I do know that the building owner has been referred to as legitimately “off her rocker” by several people. Please help?
June 6th, 2014 at 8:57 pm #Jason

Ipo,
Report this to your insurance so they can get involved. And then let the chips fall where they may. I don’t care what people call the business owner. You damaged a building and the owner had nothing to do with the damage.
June 8th, 2014 at 3:55 pm #Ipo

Hi Jason,

Thank you for your answer – the first thing I did was report it to my insurance company, and also to the police when they showed up. I claim full responsibility, I guess my question is – if the building owner tries to come after me for additional money unrelated to the specific damages I caused, or for costs to bring the rest of the building up to code…if it’s something I should be worried about? Or, should I not be worried because the insurance will handle it?
June 12th, 2014 at 8:52 pm #Donna

Hi, First I’d like to say thank you very much to Jason and others that offer their time and advice for free. THANK YOU!
My problem started when landscaper my apartment complex hired (Enviroscapes) shattered back window of my car. Enviroscapes took full responsibility & offered to handle it. I already set up appointment with Safelite because I couldn’t even see out back window to drive. Safelite couldn’t fix for almost a week so to avoid paying for rental, Enviroscapes told me to cancel Safelite appointment because they found reputable (per my condition of someone else epairing) that could replace glass the next day. They hired (and paid) A1 glass which was 1 guy in unmarked old van not even equipped to power his tools. Long story short, he caused $3,000 damage to my car (scratched and chipped paint, large gouge in ledge under back glass, & tore up ceiling & lining all around back window). Also, his replacement glass is dimpled, cracked in one corner, & defrost barely works. I have before & after pics as proof of his damage.
Enviroscapes said would send their insurance to inspect and handle additional damage (Cincinnati Insurance). David (Cinn. Ins. Inspector) said they’d cover all damage & send check for all damage A1 did and $ to replace bad glass A1 put in with Toyota certified glass. All paperwork was done and David told me check for $4,000 on its way to me. A week later David told me not to cash check because Enviroscapes was disputing claim saying A1 glass responsible, not them and now they would only pay difference between crap glass A1 installed & cost of Toyota certified glass, which amounts to $300, because they handled their responsibility by replacing the glass one time and wouldn’t replace it again. $300 won’t cover replacing A1 crap glass.
Enviroscapes refuses to take my calls and Cinn. Ins. says hands are tied. I asked David how we went from him sending me $4,000 check (which I received the day after he told me not to cash it) to him denying bulk of claim and sending $300 check. He said he thought Enviroscapes wanted him to take care of all damage but that changed when things like insurance premium increases were taken into consideration by Enviroscapes. I have all conversation on voice recorder as proof. I don’t have liability insurance because I paid my car off 6 months ago and I’ve driven it less than 2,000 miles the last 12 months. It’s usually sitting in same spot in apartment complex where I live like has been for almost 3 years with no one damaging it.
Next, thinking my only option left, I tried to get A1 to handle their damage but they won’t even call me back. Also, Enviroscapes won’t provide me with any paperwork from their transaction with A1 (invoice, proof of payment, etc) so how can I even pursue A1 when I have no proof or paperwork to show they ever came near my car.
Any suggestions where to go for help without expense of attorney?
Also, aren’t there laws against insurance inspectors and the insured conspiring together to deny a claim after approving and paying (check was already in mail) so Enviroscapes’ premiums won’t go up? I know Enviroscapes could elect to pay it themselves but they’re refusing to pay damage themselves or to let their insurance pay for damage. Pulled a total 180 on me when they found out extent of damage.
Thank you in advance for your help!
June 13th, 2014 at 7:52 pm #Stacy

I recently settled an insurance claim in April and the insurance company of the at-fault driver sent a release and a check in which I promptly signed and deposited. Now it it June and the insurance company is telling me they made a mistake and paid the medical part of my claim to me instead of my own insurance company so my claim was overpaid. I was told by my own insurance company that the at-fault insurance company would pay my medical portion of my claim after it was settled so I did’t think I was responsible for making a payment to them (nor my insurance company ever contact me asking for payment after my claim settled.) As this was an error by the insurance adjuster that they are just now finding, do I have a legal obligation to repay what was intended to go to my insurance company for my medical claim? Again, I signed and returned their release for any further claims at for the amount they provided in the release–so can still come after me for their mistake and overpayment?
June 14th, 2014 at 10:40 am #Jason

Donna,
You had a claim with Enviroscapes and they met their obligation by paying for the broken glass.

The other contract you entered into was with A1 Glass. That is where your concern should be focused. Will the insurance pay for the damage caused by A1 Glass? No, the work product is not something covered by insurance. The work product also includes all the damage he caused to your vehicle. The remedy is to replace with a good piece of glass correctly and to not do any damage to the vehicle. (He can put in a good piece of glass but he can’t undo the damage.) If A1 Glass won’t pay voluntarily, you will have to sue to recover.

The insurance company was correct in their reversal of the progress of the claim. They don’t owe for the damage caused by another party. They can deny or modify a claim at any moment before a check is cashed. They did everything correctly. You should leave them alone because they are now off the hook.

Even if you had physical damage insurance coverage, the A1 Glass work product damage may not be covered – only the glass replacement would be covered.
June 14th, 2014 at 10:50 am #Jason

Stacy,
i assume your settlement is related to bodily injury and includes reimbursement for medical expenses and your pain and suffering. The signed release and acceptance of the check settles any interaction you have with the at-fault driver’s insurance company.

If your insurance paid for any of your medical expenses, then your insurance company can ask that you repay what they paid. Either you can pay it or ignore any requests to repay. If it is not a large sum of money, they probably won’t make any serious attempts to recover the money.
June 14th, 2014 at 12:51 pm #Stacy

Thank you, Jason! Yes, my release amount was for general damages+meds & wage loss. I’m not positive, but I believe my own insurance company paid my medical (e.g. dr. visits) because they had told me before I had settled my claim that they are reimbursed by the at-fault driver’s insurance company after I settled my claim with them (which I signed their release of claims back in April.) I have not received any kind of communication related to payment owed from my own car insurance company–just the notification this week from the claims adjuster with the at-fault car insurance company that they made a mistake and overpaid my claim–and that it would need to rectified immediately. We still have the $ available to repay it. However, given that the claims adjuster working on my claim took well over a year (almost 18 months) and was very poor about communicating with me timely and helping me understand the process, I’m not exactly thrilled with having to work with them again due to their error of not cutting a check to my insurance company for my medical. I’m sure if the situation was reversed and I had found I made a mistake after I signed the release, I believe it’s highly unlikely they would do me any favors and try to help me out. I really appreciate all of your feedback, Jason.
June 14th, 2014 at 1:10 pm #Jordan

my car insurance is denying a claim because i moved and did not inform them. is this legal?
June 14th, 2014 at 2:09 pm #Donna

Hi Jason,
Thanks so much for your help. I’m not sure if I was clear, but Enviroscapes entered into a contract with A1, not me. Enviroscapes told me to cancel appointment I already had with Safelite so I wouldn’t need a rental car. Enviroscapes chose A1, contracted with A1 and paid A1. I didn’t get any paperwork for that reason and when I asked Enviroscapes for copy of invoice, payment, or anything they have showing their agreement with A1, they refused to give it to me, saying it’s no longer their responsibility.

Not only is that despicable way to treat someone after they caused damage to their property, but it also leaves me with nothing to prove A1 was ever near my car. Is your answer the same eventhough I didn’t choose or hire or pay A1 and the entire business transaction was between Enviroscapes and A1. If they outsourced or subcontracted the repair for their damage aren’t they at least responsible for providing me with paperwork so that I can pursue A1? I’ve tried A1 but they won’t take my calls after first time I called and told them about faulty glass and additional damage.

Sorry if you already understood this and I’m being repetitive. I just wanted to clarify before making appointment with attorney since even a consultation will likely cost me their hourly rate.

Thanks again for your help. I really appreciate your time and expertise. 🙂
June 14th, 2014 at 9:07 pm #Michael

This may have already been answered but you have a lot of posts here! 🙂

I traded a car in to CarMax last November and they financed me on a new car and added the difference I owed to the loan.

I was involved in an accident a few days ago where I was making a left turn and the other driver ran the red light and hit me. Both cars appear totaled.

My question is, if the insurance company gives me a check with both mine and CarMax Finance names on it and CarMax just applies it to my loan. I would still be without a car. It seems to me that Carmax should allow me to use the money to buy a new car and name them as lienholder and we continue as before with my having a car I am making payments to them on. It seems that the other way would be unfair – i.e. they get their money early but I have nothing. I imagine I could just apply for a new loan but my credit score is lower than when I first financed last year. I think any auto insurance settlements should always restore the parties to the position they were in prior to the accident, not enrich one over the other. I could be wrong, but I have not found an answer to this question.

Thank you!
June 15th, 2014 at 5:24 am #Jason

Michael,
Your question is about the policy of CarMax regarding loans and collateral. This site is about insurance claim help.
June 15th, 2014 at 5:39 am #Jason

Donna,
A1 and Enviroscapes cannot enter into an agreement involving your vehicle. Only the owner of a vehicle can authorize repairs to the their vehicle. Even your submissive action of allowing A1 to work on your car is your authorization. Relating to what I just said, anybody can pay for those repairs – even another party not involved in the repair contract. My initial answers remain the same.
June 16th, 2014 at 2:19 pm #amy

Hello.
I got into a car accident last week and I am having such a headace with my bank and insurance. My insurance issued me a check and sent me an estimate paper for about $1400.00. The check was issued to me and my lein holder. However, my boyfriend can fix the car for much less than this estimate. My bank told me I need to send them the check and my insurances estimate and the work order from the person I am taking it to so they can compare them. My question is….can I have my freind fix the car for cheep, who also has no tax id number? I dont understand why this is such a headache. Is the bank making me use the same place the insurance co went to? My insurance co said I can take it to whoever I want. Im so confused.
June 16th, 2014 at 2:28 pm #Jason

Amy,
Tell your lienholder your plans to have your friend fix the car. They will then let you know what steps you need to take. You can have your car fixed by anyone you want. Just work it out with your lienholder.
June 16th, 2014 at 4:01 pm #Donna

Thanks Jason! You’re awesome for helping people like you do on this site! It’s inspiring in a world in which so many people won’t do anything for another person unless they have something to gain. Stay cool!! 🙂
June 17th, 2014 at 10:48 am #Jenny

Hello,

My daughter was a passenger in a vechile that was rear ended Sep 2012, the driver would not give us his insurance info only the persons that hit them, so American family would not pay her medical bills because they said it needed to go through his insurance first.
Now, because she is now on her fathers insurance policy she now has access to policy # and was told as long as it has not been 2 years she can still claim. How does she go about this?
June 17th, 2014 at 10:50 am #Jenny

Hello,

My daughter was a passenger in a vehicle that was rear ended Sep 2012, the driver would not give us his insurance info only the persons that hit them, so American family would not pay her medical bills because they said it needed to go through his insurance first.
Now, because she is now on her fathers insurance policy she now has access to policy # and was told as long as it has not been 2 years she can still claim. How does she go about this?
June 17th, 2014 at 10:24 pm #Jason

Jenny,
I don’t understand your your daughter’s situation or your question. What does her being insured with her father have to do with the Sept 2012 claim? Are you saying that her father was the driver in that accident?
June 20th, 2014 at 1:20 am #Patti Vlasak

My son (27) and a friend (38) were going out one night and on the way, the road had a lot of potholes. They got to the bar, stayed about two hours and returned home. The next day they heard a man had been killed on that that road. Although at the time neither had had a drink and neither thought they had even run over an animal, my “softie” son started thinking maybe one of those potholes could have been a body on the ground. He immediately called his friend who also had never considered it at the time, but it was supposed to have happened at about the time they had gone by. Anyhow they called the police and told them their thoughts. The police came out. He did have damage in his truck, but it was from hitting a deer and fortunately he had just had it completely evaluated for an estimate and had paperwork for every ding. But the police found a few hairs and asked to impound the truck. We said sure. They it to Madison and the results were conclusive for deer hair only and no cover up or cleaning by my son,etc. But that was not in the original police report which Hupy And Abraham personal injury lawyers saw when they took on this case for the family of the man who died. We have been sent three letters from them to send to our insurance company. We have ignored them. But yesterday we received a letter by certified mail asking for an affidavit of no insurance. We have insurance. But we are not at fault and I do not want our insurance company to pay. But legally what am I obligated to do? Thank you very much. Community actually thinks they know who hit the young man, but no follow up was done there. Known alcoholic.
June 20th, 2014 at 9:33 pm #Jason

Patti,
Hitting potholes and striking a person with a car are not even similar. Running over a body on a road would not necessarily involve any part of the car other than only the tires.

Your policy indicates you have to alert your insurance company of any claims made against you or your family members immediately. The community you mention sounds like a gossip group and has no bearing on reality or facts; instead it seem to rely on rumors and hearsay.
June 25th, 2014 at 6:31 pm #Kristin

About 2 months ago my parked car with no one in it was hit from behind by another driver. The was damage to the back of the car and received a quote from the insurance company on the repairs, however I received a second opinion and it was about 3000 more dollars. When I tried to drive the vehicle to the collision place to have the insurance work with the collision repair facility the car was not shifting into gear and was stalling in gears. I pulled over and called a tow truck and had it towed to my mechanic who explained to myself and the insurance adjuster this was caused by the accident and explained how air and gotten into the transmission due to the filter being dislodged due to damage of the parts that hold in the filter. The transmission is shot and he stated I would need a new one. I have worked with this mechanic for 15 years so I trust his judgement. The insurance company is giving my mechanic and myself a hard time and for some reason are calling in special investigators and wanting to pull apart the transmission piece by piece to take pictures and sent fluid to a lab for analysis. My mechanic asked the insurance adjuster who would pay for this. It will be a 1500 bill. Adjuster said if we deem it was caused by the accident we will pay for it if we don’t then the owner has too. I was not ok with at all. How do I know the insurance company will just say no it was not cause by the accident so they don’t have to pay for it and then I am out 1500 dollars plus have to get a new transmission. I refused to pay for it and the insurance company then got special investigators that I am meeting with tomorrow involved. I feel like I am getting the run around and they have second guessed my mechanic and acting like I did something wrong. Should I be concerned about this special investigator? Why are they putting me through all this?
June 25th, 2014 at 7:54 pm #Jason

Kristin,
When a car is hit in the rear, there is damage to the backside of the car. There is almost never any damage to the engine, and nearly always never any damage to the transmission.

Your mechanics explanation of the transmission damage could have been explained better by a complete idiot. Do you even understand how air got into the transmission because the filter was dislodged? I have reservations that your transmission was not damaged due to this accident. The tell-tale sign of that is the incredibly assinine explanation provided by your mechanic. If the transmission failure is not related to the accident, it will be your expense. If the transmission damage is related to the accident, your insurance company will pay for it. Regardless of what happens, prepare to pay for your transmission repairs out of your own pocket.

You indicate you believe they are second guessing your mechanic. Not only does your insurance company not believe what he is selling – but neither do I.
June 25th, 2014 at 9:50 pm #Kristin

Thank you for responding so quickly. My mechanic did suggest to the insurance adjuster if he had reservations about his analysis to have one of their own mechanics look at it and the insurance adjuster declined that idea. Unfortunately I am not mechanically inclined do I would not have the first clue about being able to tell one way or another but I was not having any issues before the accident with my transmission so I am assuming it had something to do with it. She hit the car sitting still at 50 mph do that would seem like a hard impact. Do you think it would be wise to just get a second opinion myself? I would have to get the car towed however.
June 25th, 2014 at 11:00 pm #Jason

Kristin,
The mechanics of hitting a non-moving car favor the non-moving car from incurring transmission damage. If you undertstand the mechanics of a transmission, a single hard jolt is not able to damage a transmission in most cases. Certainly the analysis given by your transmission guy is nonsensical and carries no weight. If you wish to give your transmission guy any benefit for transmission damage, you will need a second opinion with as much nonsnsense as he initially provided. Getting the car towed would be a minimal cost to having support that damage occurred due to the accident. I continue to see no damage to the transmission due to this accident.
June 26th, 2014 at 1:41 pm #Ruth

We had a flood in the kitchen, a pipe had broken in the wall. My insurance tried to deny the claim but we fought them and won. We were sent a third party check from insurance between us and the Lien holder. The lien holder has not sent a check back to us and it is almost 3 weeks. Every time I call they say they will mail it today or tomorrow but it never happens and when it does finally happen they will keep over 3/4 and sent us a check for what was left to start the repairs. We are an elderly couple and my husband is diabetic and has had a stroke. The insurance company had advised us that they will no longer cover our expenses since they sent the check to the mortgage company. We have to eat out because we have no kitchen and now nobody wants to cover this expense. Who is liable to cover this cost? Can the insurance co bypass the mortgage when they send the rest of the award? I am worried about my husbands health and just want this done. Is it time to see a lawyer. It has been 6 weeks since this has happened and we still have not gotten anything done because we do not have any money to pay the contractor.
July 2nd, 2014 at 8:16 pm #renee s

here is our problem, my husband was struck in a crosswalk and received
minor injuries. we filed a claim with the drivers insurance agency. the insurance agency offered a settlement. my husband spoke to an assistant
who made him aware that the offer did not include what was owed to our
medical insurance and therefore if we chose to settle we would be liable to
our medical insurance agency for all reimbursement due them. we then
made our medical insurance aware. my husband phoned today to see what the status of our claim is and was told there would be no settlement
because time had run out. we did not involve a lawyer because we simply
were asking for reimbursement of lost income and payments made out
of pocket by us. their initial offer was $10,000. is there any recourse?
July 2nd, 2014 at 8:59 pm #Jason

renee,
If the statute of limitations tolled and you did not settle, then the claim is basically settled with no action. The $10,000 offer is no longer available to you. Without the threat of legal action, you have absolutely no leverage.
July 8th, 2014 at 11:35 am #maryanne sakihara

Hi ,i made a claim for my husband,he is in a alzheimers care home.this place has all CNA caretakers(my husband has five)and a office within with one or two licensed nurses.my husband has a rider to cover nursing homes at 1,600 a month for 3 years ,and a 2,000,000 maximum.after sending power of attorney a mountain of paperwork and 7 months of waiting they denied the claim.they said it is not a convalescing facility.can i sue them…he is in the last stage of alzheimers,had 4 heart attacks.if that’s not catashropic..what is?…thanks
July 8th, 2014 at 1:18 pm #Jason

maryanne,
I agree that the care received of your husband by several nurses for alzheimers will never be convalescing care. That kind of care is provided at a slow pace to recover from an injury or illness. Nobody recovers from alzheimers – they only regress.

I don’t know why you are talking about catastropic when the insurance company indicates the it is not a convalescing facility. Is the rider for catastropic coverage that includes only convalescing care? I don’t know what the requirements are for the rider your husband has.

As far as suing, you can sue anybody you want for vitually anything. However, you have to determine if that action makes sense.
August 2nd, 2014 at 2:33 pm #sean

i was in an auto accident. my car was totaled and the insurance company “occidental fire and safety”offered me what i deserve, but they want me to send them my signed title to my car before they will issue my check. they will not let me do the exchange with my agent. the insurer is in FL but i live in MA. this sounds fishy, they wont send me anything saying there giving me my money, but want me to send them my singed title via first class mail. is this normal protocall?
August 2nd, 2014 at 7:54 pm #Jason

Sean,
There is an element of trust that you must accept to send your title to your insurance company.

You can give your signed title to your agent and he can forward to the insurance company.

When the insurance company receives the title, they will issue you a check. Technically, when they total your car, they become the vehicle owner so that is why they require the title. The settlement involves them buying the damaged car at its ACV value just before it was damaged. This kind of exchange happens all the time.
August 10th, 2014 at 12:00 pm #jay

I was involved in a rollover accident as a passenger in a work vehicle. I had a gash in my head that required 11 staples and whiplash. Am I entitled to any injury claim or does it all go as worker’s compensation?
August 10th, 2014 at 12:20 pm #jay

I was involved in a rollover accident as a passenger in a work vehicle. I had a gash in my head that required 11 staples and whiplash. I refused to go to the hospital by ambulance but was told by my boss to go anyway and it woild be comped.Am I entitled to any injury claim or does it all go as worker’s compensation?
August 10th, 2014 at 1:03 pm #Jason

jay,
Your situation is a bit different than normal. The workman’s comp is basically the medical insurance coverage and they will pay for medical expenses and lost wages due to the accident.

You have to make a claim against the driver. That will likely entail suing the driver to bring your employer’s automobile insurance company into the equation. I say this because it’s not likely your employer or his insurance company will entertain an injury claim voluntarily when there is workman’s comp available.

Here is an article you can read for more of an understanding: all-about-car-accidents (dot) com/resources/auto-accident/car-accident-claims/workers-comp-injury-how-car-accidents-treated
August 11th, 2014 at 4:10 pm #Ashley

Hi,
I was involved in a car accident a few months ago, the other party sent me a check for repair damage…so I deposited it into my account and it took 7 days to clear. Eventually, the accident was indeed ruled my fault. The other insurance company now wants their money back. Do you think they would accept a payment plan? It was their mistake for not doing due diligence before mailing out a check. Thank you.
August 11th, 2014 at 7:25 pm #Jason

Ashley,
That was very nice of the other insurance to send you a check for your damages. You can consider that a gift from them because that’s how I view it.

They probably would accept a payment plan but that would be based on the premise that you intend to give it back. If you didn’t want to give a gift back, you don’t have to. Will they sue your for it? Probably not. They made an offer and you accepted it. That really is not something for which to sue you.
August 25th, 2014 at 5:32 pm #Steve

Quick question-

Can an insurance company operating in New York State LEGALY “cap” clear coat on the estimate? I have several different companies only allowing a maximum of 2.5 hours when the actual clear coat time should be more than that. I have been told there is no law or regulation preventing them from doing so and I have not been able to find out if that is the truth. Could you help me or direct me to some literature on this subject. Thanks a million!
August 25th, 2014 at 6:31 pm #Jason

Steve,
There is no law because that would be one of the dumbest laws in existence. What is your basis that the clear coat time should be more than 2.5 hours? What parts of the car are being worked on?

An actual dumb law in N.Y. is that it is illegal to shine shoes after 1:00 on a Sunday afternoon. (§ 98-8. Sunday hours. No person shall conduct a bootblack stand or engage in work as a bootblack within the city, for hire or gain, or permit or require any of his employees to engage in such work after 1:00 p.m. on any Sunday afternoon.)
September 4th, 2014 at 3:12 pm #brandy

Quick question I had hail damage on my car I have allstate insurance in Missouri they are telling me they will send me a check for repairs which is a 1,000 less I have a lien on it but the body shop est… is 2,644 will my bank sign the check over to me or do they keep because there’s not enough money to fix it?
September 4th, 2014 at 8:38 pm #Jeff Delana

I have American Family Ins co., and I have 100 % replacement on storm related damge . with a 250.00 ded and I have had this for 30 years I receintly had lightning hit the house and ruined a computer a tv a surround reciver and a powered sub woofer and all I can gert the Ins to do is to have them tell me to go all over the kc area and have every item looked at to see if it can be repaired and there is not a single place that dosnt want 100 dollors per item to look at it ?>>? I know this has to be a well planned thing the ins co came up with to have at least 70 % of the people with a claim just forget about it but I have spent to much time and to much money doing most of the stupuid things they asked me to do I want my money they owne me now im have been playing there games for over a month and im done help
September 4th, 2014 at 9:09 pm #Jason

brandy,
Either your car is totaled because it’s value is not worth the effort to repair it, or it’s being repaired. Is your insurance sending you a check for a total loss or for repairs? You indicate they are “sending you a check less you have a lien on it”. Please re-post since this makes no sense. I don’t understand what you are trying to communicate.

Your bank won’t sign any check over to you. You will have to prove the repairs are made if it’s repairable. If your car is not worth fixing, there is no reason to sign the check over to you. Again, it brings up the confused state of whether or not your car is being totaled. That is the first thing you have to figure out.
September 4th, 2014 at 9:56 pm #Jason

Jeff,
Either your items can be repaired or they can’t. A repair may be as simple as replacing a fuse or resetting an internal circuit breaker. If you want your items repaired, you will find a repair place and then have the items repaired. If you want the items replaced, you have to support that the items can’t be repaired and that the items need to be replaced. You need to establish your claim and it seems you are refusing to do that.

Let’s take insurance out of the picture here. If you have a damaged computer, tv, receiver, and sub-woofer and don’t have insurance, what would you do with these items? Would you throw them all away and replace them or would you attempt to have them repaired? I will provide further response when you answer these questions.

It’s not a game the insurance is playing. If you are refusing to get the items evaluated to determine the cost of repairs, it is you who is playing a game of not following through on your claim. Insurance owes the lesser of the cost of repair or the cost of replacement. You have not established either with your claim, including your refusal to provide the necessary documentation for your claim. Since your refusal has lasted for over 1 month, doesn’t it seem reasonable to do what is required to support your claim – or do you want to draw this out even longer?

You have a $250 deductible. Have one of the places you claim charges $100 for each item and have them look at 2 of the items and you will have met $200 of your deductible. Have them look at the third item and you will have met and exceeded your deductible. You have to realize your insurance isn’t obligated to pay a dime until you have exceeded your deductible. I don’t care where you live – it doesn’t cost $400 to look at the items you are claiming.

If your reference of “kc” refers to kansas city, you can take your items to The Electronic Center and they can evaluate your items for $50/ea. If you do this, then your damage evaluation expense will be entirely contained within your $250 deductible. Further, you can contact Digital Doc since they offer “free estimates”. Don’t complain about your insurance until you first do what you need to do to establish your claim.
September 11th, 2014 at 11:36 am #Rene

I have a claim with my insurance company for my vehicle that was stolen and recovered, but damaged so it is now being evaluated by my mechanic for damages. In the meantime (now 2 weeks) I have no substitute transportation (which I have always had) because it was removed without my knowledge when I renewed my policy back in January. I was told that rental coverage is automatically removed when you remove collision from your policy-only problem is is that I was JUST told this when I went to use it in replacement of my vehicle. I was told it may have been removed when they cancelled the policy of my imaginary second vehicle that they somehow insured initially (the first mistake on their part that wasn’t noticed for 2 whole years and NOT until i did some investigating of my own), then I was told it cannot be put back on because it was changed so long ago and then told that it cant be put back on because I had already put in a claim.
Now my insurance company has made many mistakes as far a properly informing and misinforming me about things on my policy and I feel that this is unacceptable. Yet no one takes responsibility and I am left to pick up the pieces on my own.
In this last instance all I wanted was for them to own up to the fact that they made yet ANOTHER mistake and provide me with substitute transportation for me and my toddler until my vehicle is fixed. My adjuster told me that it still waiting to be reviewed…is there anything else I can do other than sit on my hands and wait?
September 11th, 2014 at 7:28 pm #Jason

Rene,
If you need transportation so badly, get it. It doesn’t matter if you have to pay for it and get reimbursed or if you don’t get reimbursed. The important thing is that if you need to be mobile, do what you have to do and stop being dependent on other people’s decisions. A rental car can be as inexpensive as $20-25 bucks a day if you rent on a weekly basis.
September 22nd, 2014 at 12:40 pm #William Busby

I left an old job in June 2013. Apparently one of my prescriptions was sent to my old medical insurance company by CVS Pharmacy on 10/4/2013. My old medical insurance company accidentally paid the claim (even though I was no longer supposed to be covered by them). I had a different insurance at the time with my new job. Now 9/2014, the old insurance company is trying to come after me to pay their over payment. This just doesn’t seem right to me since CVS screwed up first, they then screwed up second by paying the claim.

What options do I have to dispute this since the insurance company is threatening to send this to collections?

Thanks,

Bill
September 22nd, 2014 at 1:28 pm #Amanda

Bill,
You’ll need to pay the old insurance back, then go online to your new insurance for an out of pocket reimbursement form to be reimbursed by them directly.
September 26th, 2014 at 10:40 am #Joe

I have a 2003 Nissan xterra, a few weeks ago I clipped someone on the Highway, denting my drivers-side front quarter panel badly, blowing my front left tire, and after the police came and everything was resolved I switched out the tire and drove home, however, the car handled very badly, pulling and jerking like the alignment was destroyed. (now the car was in need of an alignment and two new ball joints soon, but it was always drivable, this was a drastic change for the worse.) I’m 23 and this is my first multi-car accident and my first claim with my insurance. they wanted to take the car to a yard to look at it, so I let them. I have just heard back from them over a week later, and They say that they have assessed the body damage, and are ready to send it to a shop for repair, but they said from their visual inspection, they assessed no front end suspension damage, (They even read me the adjustors note saying that there was “no impact” the the front right tire, even though the surrounding area is all dented, he just went off the fact the the wheel ((the spare that I swapped out)) looked nice and didn’t look at the blown tire laying in the back of the car!!) I voice my concerns to them, and they said that when the car gets to the mechanic, if they find more issues, that they will adjust the claim. Here’s my issue, the the car has a few other things that need work, (namely new exhaust including cats which are far from cheap) I’ve put a lot of miles on it and I own it outright, so i’m thinking I would rather collect the check outright and sell it to a mechanic for a small price. but I want to a real rate on my check, reflecting the clear alignment/suspension damage… How should I proceed?
September 27th, 2014 at 2:13 pm #Jason

Joe,
Ask them to re-assign another adjuster to inspect your vehicle for all the damage, not just part of it.
September 29th, 2014 at 4:49 pm #Bill

Hello.
My car is a lease
And it got vandalized
They insurance company is sending a check made out to me & my lienholder

The check is worth 20k
But I got a other estimate for only 10 k

So? Is there a way I can :
Cash the 20k check
fix it for 10k
And keep the 10k balance myself

I know both shops will do a perfect job

I have a question?
Can I just call my insurance and have them take off the liebholder after the claim is made?
If that isn’t possible. What are my other options. Thx
September 30th, 2014 at 2:51 pm #Bill

Hello,
Bill again
Also I’m in California
And it’s porsche financial

Thx in advance
October 1st, 2014 at 6:45 am #Jason

Bill,
Insurance is designed to pay for the vehicle damage after your deductible is met. If you want the vehicle repaired at the first place, it will cost $20k. If you want it repaired at the second place, simply send the check back and ask them to write the check out to both you and the second repairer.

As for your “keep the balance myself” comment, insurance is not designed to pay for the cost to repair the damage in addition to paying the insured an additional $10k. Actions to make money off claims are reasons lienholders and body shops are included on insurance payment checks.
November 5th, 2014 at 12:36 pm #GABRIEL

I am being sued by an insurance company, stating a tree on my corner property impaired the vision of a driver that ran a stop sign onto a main street and hit another car with right of way.
the police report says there was no pictures taken, yet the insurance is claiming negligence on my part.
Never has the city sent me a ‘notice to trim and comply with city codes’ nor does the tree actually cover the Stop sign.
There is a warning stop sign just two houses away from mine, do to the fact that my house sits on a hill.
Can they do this?
November 5th, 2014 at 11:07 pm #Jason

Gabriel,
Submit your suit to your homeowner insurance company. They may defend you for the allegation that you are responsible for the actions of a tree and the failure of another driver to drive safely.
November 11th, 2014 at 8:43 pm #Regina

I purchased aftermarket rims for my truck and the rims and tires cost me over 13000.00 dollars. recently my rims were stolen and I reported it to my insurance company, after weeks of the run around they finally agreed to issue me a check for 10000 minus my deductible. The only catch is that they put the leinholder on the check as well. After my rims were stolen I put the Stock tires and rims back on my vehicle, as I didn’t get rid of them when I purchased the others. My question is. Why would my check be written to the leinholder and me instead of paying me for the cost incurred for my own personal loss. The leinholder did not pay for my aftermarket rims, I did. Can the insurance company do this?
November 14th, 2014 at 4:08 pm #Fredda Mccord

My son has 2 claims on his car. With 500 deductables each. We took the car to get fix. The ins gave us a est and took the 1000.00 out of the checks. The people who fix the car have had it for 2 months and keep trying to get more money out of the ins co. Today they called said we could finaly get the car (car been fix for 3 weeks) but then call back saying we owe them 1000.00 out of pocket for the deductible. Do I owe them?
November 14th, 2014 at 6:45 pm #Kari

Fredda- yes your son owes the deductible.
November 15th, 2014 at 6:35 am #Jason

Regina,
The lienholder has a financial stake in the car. Sure, you might have purchased the rims and increased the value of the vehicle but that doesn’t matter when the insurance company is following its policy and procedures to include the lienholder on the check.

Just explain your situation to your lienholder and ask that they sign the check over to you.
November 18th, 2014 at 1:48 pm #Brett

I’ve been dealing with a mess of an insurance issues this past month, let me start off by stating, my friend had borrowed my car for the day (he was having issues with his) well long story short he was involved in an accident, where he was at fault. After countless calls and so on so forth (took almost a month) they had called me today, saying the repairs are done. I’m confused though, I never authorized any repairs, the shop had told me they didn’t need or want to check the frame, but the insurance company had said they did, and they were paid to do so, at this point I don’t feel as if I can trust my insurance or the shop. I requested for the car to be taken to another shop and re-evaluated (again I never signed any paperwork, nor gave any consent to work on the car) and my insurance company refuses to do so, stating “you never said you didn’t want it done” they keep telling me instead that I have to “prove” that something is wrong, by paying my deductible, taking it to another shop and paying for it out of my pocket myself, but I’d have to sign paperwork before hand. Is any of this legal for them to do? I’m so confused right now personally I don’t know WHAT to do.. I live in Ohio if it helps
November 18th, 2014 at 6:46 pm #Jason

Brett,
Only the owner of the vehicle can legally authorize repairs or allow the use of their owned car. Neither your lienholder nor your insurance company have the authority to authorize repairs. I don’t know all the details of your situation but it doesn’t seem right. I don’t blame you for your lack of trust but I don’t know any other information I can provide.
November 18th, 2014 at 10:31 pm #Brett

I appreciate the feedback, I wasn’t 100% sure as to what was legal and what wasn’t. I am the owner of the car, and I didn’t authorize anything, I was just wondering as to what legal standpoint I stand, and you answered that perfectly. I plan on talking to an attorney because they refuse to release the car, nor get the frame tested at a different shop, like I had asked. As far as the question goes, again you answered everything I needed to know so I appreciate that.
November 19th, 2014 at 5:26 pm #Kay

Good evening, my boyfriend was parked at a truck stop when another trucker Side swiped him with the left side of his Trailer which damaged the right side of my boyfriends Truck. A man witnessed the incident but refused to give the at fault driver’s insurance company his personal information out of fear that he may need to go to court which will make him lose money since he drives for a living. The at fault Driver’s insurance company emailed my boyfriend that the claim is disputed as to facts because the witness would not cooperate. my boyfriend was in his truck, and the truck was parked when the incident occurred. They Insurance Adjuster has the pictures of the damages but has not come out personally to take a look at the damages in person. I would expect for the Adjuster to evaluate both trucks prior to making a final determination on the Claim. What should be our next step in this situation ? The at-fault driver is not admitting fault and my boyfriend was parked legally. Any help would be greatly appreciated.
November 19th, 2014 at 5:36 pm #Jason

Kay,
Why even attempt to work with the other insurance company? Just submit a claim with your boyfriend’s insurance under his collision coverage and let the insurance companies work out the details. I keep saying this – don’t rely on other people’s insurance to protect your property.
November 19th, 2014 at 5:56 pm #Kay

Thanks for the quick response Jason. We were concerned that going through my boyfriends policy for the claim would increase his rates.
November 20th, 2014 at 12:00 am #Jason

Kay,
A non-moving and not-at-fault accident claim should not be a basis to increase his premium.
November 26th, 2014 at 5:51 am #Mad as ****

When my father died i took control of the estate to keep the history it contains of my family intact and supply a copy to all family members of whatever they wished in fairness, but all they wanted was money and couldn’t care less about the photo’s and alike so i don’t talk to them now. In respect to his wishes i have been managing the estate since. 5 years of this time was spent caring for a terminally ill child of mine and many night shifts for her care. This time was extremely limited. The same day i got the first letter of there canceling my insurance, not 3 hours later, my daughter had died.

The ONLY part of the estate i had not got in my name which had remained in “Estate of *my fathers name*” was the home owners insurance. I had requested a copy of the policy in full and was denied this many times during a 7 year period. I intended to keep the policy intact and as it was already and not have it changed unknowingly. This concern has since proved reasonable.

I had to make a claim on the roof, unknowing if it was even covered or not. They came 2 weeks after the fact and i had to patch it during that time. They came, took many pictures without my having signed anything yet i only agreed to having the claim photographed itself. They photographed everything they could without permission and “Knit picked” at every little issue they could in order to drop the insurance which they are still working on. This matter has reached a court room for insurance disputes and yesterday i was in Pittsburgh for it. I had a small aria about a foot wide and 3 inches tall under a front step missing, i said OK and filled it in with cement and remolded that step. They complained about a metal support pole in the back porch which i was using to prop up and rise up the roof section on one corner over time to put in a new 6″ by 6″ support pole, the one that is there was fine i just wanted it to match the front.

The state insurance department is a joke when it comes to defending privacy rights and concerns about activity’s they don’t want to address. I had them involved, then had to appeal, then they made findings which didn’t seem right because it left a lot out then the insurance company appealed and this ended up in a court room were i had to defend myself.
Before the hearing i requested that ALL PHOTO’S be brought which the insurance company is in possession of and they did. I was given no copy of these pictures as was the requirement when entering them into the hearing. I did however see them and to my absolute horror they had countless unauthorized photographs not from public property rather my own which is in fact illegal. Remember, i never once signed a single document to them.

There predatory actions and bad faith conduct has left me no choice but to attempt to pursue a lawsuit agents them in the hopes i can reconcile all money paid, encourage them to cover the damages and hopefully i can find a way to get new insurance coverage as they have proved highly unreliable. They should be made to cover all costs of all proceedings including any legal fee’s.

They have accepted my money indirectly from the P.H.F.A. for 7+ years with clear intent to not provide what was paid for. I want my money back in full and any money provided by the P.H.F.A. returned to them as well for this. No matter what i do i just can’t find a lawyer. The second they figure out i am low income they don’t bother. So what exactly am i suppose to do to fight this properly? I had about all i can take of these matters. These people are as ruthless and inhuman as it gets and i want them to pay dearly for all of the hard time i got and there illegal home invasion without permission. I think i am just gonna completely loose it at this rate and care less and less each day. They shouldn’t get away with this.
November 26th, 2014 at 8:46 pm #Jason

Mad,
Drop the issue immediately with this insurance company. You won’t succeed. Then get a new insurance company for the property, then get rid of the property and divide the money up between the heirs.
December 15th, 2014 at 7:25 pm #Monica

My auto insurance stated that my vehicle was a “total loss”. My auto body shop states it is repairable. The insurance agent told me that they will pay the value of my vehicle which is more that the estimate of the repair given by my body shop. I asked if they can just give me the check to pay for the repairs but they refused. I asked what they were going to do with my car and he said they will tow it out of the body shop and most likely sell it to a junk yard. I still have a lien holder and i want to keep my car and pay for the repairs. What are my righs? how can i keep my car??
December 16th, 2014 at 7:48 pm #Jason

Monica,
You really don’t have any rights. What happens is what is outlined in the policy. When the insurance company determines your car is a total loss, they will pay you the fair market value of the car just before it was damaged.

Sure your car may be reparable but the insurance company can elect to total it instead of repairing it.

If you want to repair it, you can purchase it back from the insurance company and repair it.

Your best move may be to accept the car as totaled and take the proceeds from the settlement and pay off your lienholder and then purchase another car.
January 7th, 2015 at 6:37 pm #tjulie476

I filed Chapter 7 bankruptcy in Oct, I ran over a deer in the car I was going to re affirm the debt with in November. I filed an insurance claim and my deductible was $1000.00. My insurance company settled my claim and sent me a check for the estimated repairs minus the deductible made out to me and the body shop I was going to use and closed the claim.

I wasn’t going to be able to have the money for my deductible until the end of Jan. The car is drive-able so the body shop said to hang on to the car and the check until the end of Jan when I could pay the deductible so I wouldn’t be without a vehicle for an extended amount of time while I try to come up with the deductible.

I went to my re affirmation hearing today and decided not to keep the car and the judge entered his judgement as not approving the re affirmation. I will be calling the lien holder tomorrow to let them know and to have them come pick it up, so it is essentially part of the bankruptcy now. I went to the body shop to see what to do with the check, they said to call the insurance company and have them issue me a new check with just my name on it and I should be entitled to keep the money.

I called my insurance company and the agent said the adjuster would call me back with instructions…I am just wondering…am I entitled to the money, or will they want to send it to the leinholder, or will they just reverse the claim and they keep the money?
January 7th, 2015 at 6:55 pm #Jason

tjulie476,
The insurance will pay. I envision the payment being made to either you and the body shop, or just to you. Other than that, I don’t know.

Technically the money belongs to the repair of the vehicle and part of the court’s discretion to divide your assets to the creditors and not specifically to you.
January 17th, 2015 at 2:25 pm #cj

I was in an accident and a driver of a fuel truck hit me and dragged me into a poll while making a right hand turn … the driver told the cops I hit him and tried to pass illegally … I filed with his insurance company i recieved a typed letter from his insurance company denyin the claim based on thier drivers statement there gonna deny me because he told them I backed into him in a parking lot….we weren’t in a parking lot at all and I didn’t back into him..in the accident report he has a different story ..what do I do…????
January 17th, 2015 at 2:29 pm #Jason

cj,
If you have collision insurance, file a claim with your own insurance company. As far as the other person’s insurance, they have denied your claim so don’t waste anymore time with them.
January 18th, 2015 at 2:33 pm #trent

i have a q and not sure how to go about it, I was working outside when a customer literaly ran me over in hospital with 3 fractures in my pelic bone and a broken sacrum.. I was wondering if i could sue my works insurace company. I was told i can but i dont know forsure. also the driver that ran me over did a hit and run.
January 18th, 2015 at 7:08 pm #Jason

trent,
I am unable to understand your post. Please focus and post in a logical and coherent way.
January 19th, 2015 at 10:42 am #Cindy

Was recently in a car accident involving 3 cars. I was the last of the 3 cars and was deemed at fault. The insurance company will not pay for my collision claim. Stating that the collision was suspended for failure to obtain photo inspection. Photo inspection was obtained. Contacted the company that did photo inspection and they only keep the inspections for a short period of time. So at thus point there gone. I never received notice of this. I currently am combing thru policy to see if they stopped charging for the collision. I guess my question is the car involved is leased, Is the insurance company legally required to also contact the lien holder of the collision suspension? We live in NY. Any advice would be greatly appreciated.
January 19th, 2015 at 10:47 am #Cindy

I was recently involved in a 3 car accident. I being the last car was deemed at fault. The issue I am having is that my insurance is refusing to pay my collision claim. They state my collision was suspended due to lack of photo inspection. Which I did have done. I went back to the place and they no longer have it on file as they only keep them a short period of time. They state they sent me notification which I never received. I guess the big question here is the car was a lease. Is the insurance required to report this to the lien holder also seeing we don’t own the vehicle? Any advice will help. We currently live in NY.
January 19th, 2015 at 5:17 pm #Jason

Cindy,
I don’t know the specific laws of your state but it’s probably required of the insurance company to notify both you and the lienholder that physical damage is no longer attached to the vehicle. Regardless of the notice, it’s the owners responsibility to make sure they have physical damage coverage on the vehicle.
January 22nd, 2015 at 11:39 am #Gwen

Hi i was in car accident and the vehicle was totaled out by insurance company. I owe a title loan on the vehicle and they are the lien holders to the vehicle. Will they issue the check to them
January 22nd, 2015 at 6:13 pm #Jason

Gwen,
The insurance check will be written to both you and the lienholder.
January 23rd, 2015 at 5:31 pm #Jamie

Hi

I was recently in a car accident on Dec 29th, my fault. The adjuster looked at my vehicle and submitted the damages. The adjuster said the he wanted the front end off because there could be some underlying damages. I spoke with my rep along the way. When the front end was taken off, which was two weeks later, I let my rep know he could send the adjuster. The adjuster did not come out, because my rep said that the car was totaled. I spoke with my rep for two weeks about the total loss, signed a POA, he talked to my bank, my financial institution sent a letter over to him, and the information was completely together to send payment to my financial institution. I was called by another rep stating that my rep was out of the building this rep told me that the paperwork was looked at wrong and the car was not a total loss. I feel that something should be done about what I have had to deal with. I have stressed so bad about the wreck, not having a vehicle, the total loss, and now this is told to me. I have been without a car now for 26 days. I feel I am entitled to something. Do you have any advice to this situation??
January 23rd, 2015 at 7:45 pm #Jason

Jamie,
What do you think you’re entitled to? It sounds like your insurance company thought your car was not worth the effort to fix and then after further review, they determined it was repairable. Your insurance is there to either repair or replace your damaged vehicle. They are not there to provide you with a rental vehicle unless you have rental reimbursement coverage.

The reason you are without a car for 26 days is because you were involved in an accident you caused, not because of anything the insurance company did. Again, I ask, what do you feel you are entitled to?
January 25th, 2015 at 8:28 am #Jamie

Jason

I did not have rental reimbursement coverage, which was ignorant on my part. The insurance company is providing me a rental car at their expense, due to their ignorance with my claim. Whether the accident was my fault or not my insurance company is there to look after me and the other individuals involved in the wreck.

This is the first time that I have used a forum, I do not like forums, because you can not tell the whole story without writing a novel. I am sure you are aware of all types of insurance claims settlement practices, and I appreciate your opinion. I have sought the proper representation that will help me move forward with my claim against the auto insurance company. Again, thank you for your advice.

Jamie
January 25th, 2015 at 9:21 am #Jason

Jamie,
A novel is not required to explain a claim situation. In your case, it would be required because you are vague and misleading with the information you post. A direct question of “what do you feel you are entitled to?” has been ignored. What is “proper representation”? That could be anybody from a pastor, family member, friend, or an attorney.

Also, if you don’t have rental reimbursement, it makes no sense that the insurance company would be paying that for you simply because a claim decision was modified.
January 26th, 2015 at 11:35 am #Michelle

Jason –
I was recently involved in what I considered to be a minor sideswipe accident at a red light that was the other guys fault. Thankfully he admitted it to his insurance and they accepted liability. I didn’t notify my insurance as this in mine and my husband’s third red light accident although none were our fault. They just recently increased my premium so I’m trying to keep them out of it if at all possible. Here is my question. The insurance is trying to deem my car a total loss and I am trying to keep them from doing that. The problem is I drive a 2002 Chevy Monte Carlo SS Limited Edition Pace Car. My car is #46 out of 1,150 for the year and 6,073 total for all Pace Cars which were only produced from 2000-2003. This is an extremely rare and hard to find vehicle and the graphics, paint and ground effects are extensive. Chevrolet is sending proof that the car is a Pace Car and its production number because the Certificate of Authenticity was not given to me when I bought it.
The initial estimate was just under 5,000 but they appraised the vehicle at 2,300 which is based on a 2002 LS or SS with no options. My car is fully loaded and the interior is showroom quality. They keep insisting that NADA and KBB have no category for this car and they can’t find any for sale in Texas so they can’t find a value. Before the accident I could have sold my car easily for 7,000 due to its rarity in the market. They are also claiming that motor vehicle registration says I paid 3,700 for the car (why does that matter) but in fact I paid 4,200 cash and was able to talk them down from 5,000, which frankly I don’t feel has any bearing on its value of my claim. What are my options regarding a rare car? How can I get them to see that this car is one of kind and deserves to be treated as such. I can’t bear the thought of totaling out the car and paying a salvage fee to retain it and if I am able to get them to settle for a fair amount can I have the check made out to me? My husband is in the automotive industry and we can utilize his employee discount to save some money. I am beyond frustrated with the adjuster because she acts like this is some old, ratty Monte Carlo that nobody wants.
January 26th, 2015 at 4:28 pm #Jason

There really isn’t a category for the insurance company to rate this car if it’s a limited edition pace car. They aren’t using KBB or NADA, but probably a CCC Valuescope program or similar program to value the car. The best way to find comparables is to do it with year, make, model, options, mileage, and condition. It’s difficult to include a rarity quality unless manually and that is something you would have to convince the adjuster to do. Sometimes getting the claims manager involved may get more favorable results for you. Find a couple of similar pace cars that are close to you, if possible, and provide those cars as comparables. I’m not convinced being a pace car increases the value very much but that is something you have to convince the adjuster or her manager about, not me.

As for 3 not at fault accidents, that should have little effect on your premiums increasing. If you can’t get a reasonable settlement with the other insurance company, you may want to give your insurance a shot at it.

The check will be made out to the people listed on the title, and if there is a lienholder, the lienholder will be on the check too.
February 17th, 2015 at 3:33 pm #junior

I bought a 2007 Dodge caliber and four days later I had an accident. I rolled the car over and the insurance adjuster said it was totaled. Now my question is I financed 5000.00 of the car do I have to pay the interest on the car still or just the 5000.00 ?
February 17th, 2015 at 7:27 pm #Jason

junior,
I will assume you have collision coverage because you had an adjuster inspect the car to determine it was totaled. What you will be paid for the car is the fair market value. Since it was purchased just days before the accident, you will likely receive an amount close to the purchase price. The settlement check will likely be written to you and the lienholder.

The interest to which you refer is based on the time-value of money. The interest charges until you pay off the car will be minimal.
February 24th, 2015 at 10:18 pm #Destiny

Hello,

I have a pretty long and stressful story and i really just need some answers! So I am in college and around 6 o’clock i was parked on the side of the street in a legal parking area outside of the college for a meeting a had to attend. I came out and there was a note on my car from a girl saying she hit my car. she left her name and number as well witch was very considerate! The first thing i decided to do was drive to police department and file an accident report. I handed to police officer the piece of paper and he decided to call her and have her come in. when she got there, the police officer came outside and looked at both of our vehicles and then said “if both parties are cooperating, we cannot file a police report. so right down each of you information and exchange it.” after that we both went our separate ways. it was to late to call either insurance companies at that time so i called my insurance first thing the next morning (this morning) just to let them know because I wasnt sure if there was a time frame i had to contact the insurance company. I then called the number she left me for her insurance. they told me I had to go to Ford Collision Center to get the appraisal. I then drove down to my local ford collision repair shop and asked for an appraisal so i can send it to her insurance witch is AAA. they told me i was not aloud to get involved in her insurance unless i had a police report. she had to be the one that called her own insurance to file the claim then from there they would fax over paperwork. so i contacted the girl and let her know she needed to do that a.s.a.p. she did and I got a call from Ford later that day saying they got the paperwork and i could come in for the appraisal. I did so. After the man came out he said all the could do was minor paint jobs and buffing and they would replace the headlight. they would not put new parts on my car. she has full coverage insurance so i dont see how that is legal for them to tell me they cant completely repair my vehicle. they gave an estimate of the repairs totaling $971.38. only $170.99 of that was going to the repairs of my vehicle, the rest was going to labor. When i left the Ford place i lifted my hood and noticed a lot of internal damage that the Ford worker did not report or get pictures of on the appraisal. I immediately took pictures and called them back. they said they could not re-appraise my vehicle because they had already sent it to the insurance company, and then the man proceeded to tell me “If i were you, i would just have them send you the check, you just fix the headlight and then pocket the rest of the money”. then they hung up on me. even if i did pocket the money it still would not be enough money to fix my car and that is all i am worried about. I then called her insurance company (AAA) and asked them not to finalize anything because i am going to take it somewhere else to get it appraised. The AAA worker then proceeded to tell me in exact words, ” we will NOT except an apraisal from anywhere else. im just letting you know now you are going to go to some small car shop and they are going to say the damage is worth $3000 just to make more money. we will not except it. the only one we are excepting is the appraisal from ford!” I am still getting an appraisal done tomorrow by a different company. I have no idea what else to do though. the money ford offered is not enough to fix my vehicle and they only documented the cheapest form of fixing it, which is by painting over it. and her insurance is not cooperating with me or returning my calls. what should i do!?
February 25th, 2015 at 3:36 am #Jason

Destiny,
Get your car fixed through your insurance under the collision coverage and walk away from the situation you are in. You will pay your deductible but your insurance will collect it from AAA and refund it to you.

Full coverage is the protection the other woman has for her car and it’s the collision and comprehensive coverage of her policy.

The coverage she has for the damge to your car is the liability insurance. That’s because she damaged your car and she is liable to you.
March 2nd, 2015 at 11:37 pm #Amanda

I was struck by another car a couple of days ago. It was 100% their fault, and their insurance company has accepted liability.
They are wanting to use aftermarket parts on my vehicle, which is not what I had on there. My car was still in perfect condition with all factory parts installed. I know that they are supposed to restore my car to the condition it was in before the accident. Since my car consisted of all original manufacturer parts before the insured struck me, shouldn’t they be required to put original parts back on? I do not want a mismatched car, with substandard parts. I am a good driver, pay alot of money for, and take good care of my car. Why should I have to settle, because THEIR insured was driving recklessly? Is there anything I can do to demand oem parts??
March 3rd, 2015 at 4:50 am #Jason

Amanda,
Let’s step back and see what’s going on. You said you have OEM parts on your car. You indicate their insurance company wants to install aftermarket parts on your car. You call the aftermarket parts substandard which will be mismatched.

On your car, you have used OEM parts. Your car is used so your existing parts are also used. On what do you base your information that aftermarket parts are substandard? That is a careless accusation who has never physically compared or tested OEM to aftermarket. And finally, the aftermarket parts will be new compared to the used parts they take off your car.

If you want to demand OEM parts, simply demand them. Another option you may have is that they find used OEM parts to replace your used OEM parts. Why aren’t you using your insurance company? You chose your insurance company, and one of the factors of that choice was that they use new OEM parts on your car, right?
March 3rd, 2015 at 6:14 am #amanda

OEM parts and aftermarket parts have been tested and compared, and if you look at the research, the aftermarket parts do not hold up as well. I did demand them, they said that by law they do not have to use them. Used OEM parts would be fine, at least they will not void my warranty, however, they are not even giving me this option. This is a newer luxury vehicle. I am already losing value now that it has been wrecked. The last thing I want is to lose even More value because of aftermarket parts. I filed as a third party claimant on their insurance, as it was 100% their fault, so my insurance is not involved. I just don’t see how this can be legal to force you to use aftermarket parts, the victim is the one being punished. I guess I will contact a lawyer.
March 3rd, 2015 at 11:38 am #Jason

Amanda,
I’m not convinced that non-OEM parts do not hold up as well. When the parts are CAPA (Certified Automotive Parts Association) certified, they are equivalent or better than the OEM parts. That is the certification requirement. You indicate the parts have been tested but you didn’t mention who or what organization did the testing, when, and if CAPA or non-CAPA parts were compared. Maybe your concern should be to make sure the parts are CAPA certified.

File this with your insurance company. Since the other company accepted full liability on behalf of their insured, your deductible will be returned to you when your insurance company collects it from the other insurance company.
March 3rd, 2015 at 1:23 pm #Stephanie

Hi. I recently just got into an accident and my insurance sent the check to the shop owner that worked on my car for the full amount… I got my car back and confirmed that the shop owner recieved the check. Then I got a check in the mail for 9,000 in my name also a few days later…. If I cash the check will I be arrested or anything or Becuase the insurance company messed up and issued two checks should I be ok? Not sure if I should cash the check or not Becuase I could really use the money just don’t want to go to jail Becuase of it? Please help and me let me know the consequences if I do cash the check thank you for your time
March 7th, 2015 at 4:41 pm #Jason

Stephanie,
What your are talking about sounds fraudulent.

If you want to find out the consequences you should cash the check. I don’t know exactly what they would be.

If you don’t want to take any chances, don’t cash the check.

(Please note that I don’t encourage fraud or dishonest activities in my responses. The above is a sarcastic response.)
March 8th, 2015 at 9:40 pm #JD

I was in an auto accident in November. The other car ran a stop sign and as found 100 percent at fault and he even admitted to it. There were 4 adults 1 pregnant and a child. We all were taken by ambulance. They all got settlements under 5,000 and had liens from the hospital visit. I have a lien worth almost 30,000 dollars. The claim you get back is suppose to pay for the lien. However, they obviously low ball offered everyone, but I Only had one follow up visit to the doctors, because they told me my injuries would take months to heal. I had a sprain knee, Chest contusion, Multiple Abrasions . If They are only offering 5,000 dollars how am I suppose to pay the lien. Just wondering if I need to hire an attorney? Upon the call to the attorney they said because of the lack of hospital visits and specialists that my claim would be ultimately less. However, I couldn’t go to more hospitals because there was nothing that could be done. What should I do or how much should I ask for, because there is no way I could ever pay a lien off, with under a 10,000 dollar annual income. Thank you for your time any help would be appreciated.
March 9th, 2015 at 9:00 am #Jason

JD,
Ok, so if I undersstand you correctly, you visited the emergency room after being transported by ambulance, and sometime early this year, you had a follow-up visit with the doctor that was routine, and not suprisingly, you checked out to be fine. Your initial condition was a bruise to your chest region, a sore knee, and some misc. scrapes.

You indicate the ambulance transport, ER visit, and follow-up doctor visit billing is nearly $30,000. Unless you were admitted to the hospital and stayed 6-9 days, the $30,000 figure is not accurate for the medical attention you received.

Rather than worry about what the insurance company is going to offer you, instead you should be concerned why your medical charges are so extremely high for such little services rendered. Get your medical billing more in-line with the services you received and the offer your get from the insurance company will seem generous.
March 17th, 2015 at 10:42 am #Diane Caldwell

My son’s vehicle was parked on the street and was hit by a drunk driver. The at fault driver did have insurance (Progressive). The vehicle is drivable but has lots of body damage (hit so hard it pushed the vehicle into the car in front of his and into grass). He just bought his vehicle 10 days ago. Progressive wants to total it out, but won’t pay what he owes to bank for it. If they total it, won’t teh check just go to the lien holder, and he is S.O.L.? This is in Ohio by the way.
March 17th, 2015 at 8:14 pm #Juliet

I was a passenger in an accident 2 months ago. The driver that rear-ended us has already admitted fault to the incident. My back and neck was injured in the accident. The insurance adjuster is telling me that they usually only allow up to 3 months for chiropractic treatment. Also, that I should be going 3 times a week in the first month, 2 times a week in the second month, and 1 time a week in the third month. They said because I am young, that I do not need that much time to heal. I work full-time so it is already hard for me to make it to the chiropractor once a week. Can they tell me how I should be treated when my chiropractor is telling me otherwise?
March 17th, 2015 at 8:53 pm #Jason

Juliet,
If your doctor recommends you be admitted to the hospital for an indefinite time, I will not question that recommendation. If your doctor wants you to report for care once a month for 6 months, I will not question that care either.

I don’t care if you work full-time or are unemployed – if you need medical care, you will make time to meet your doctor. If you don’t need care, you will skip the appointments. Take time to make wise medical care decisions.
March 21st, 2015 at 9:23 am #Jack

I got in a car accident, and the accident was determined to be my fault. The other driver forgave me and did not file a claim against me. But, after a month and a half, the other driver’s insurance company filed a claim against me, asking for 1200$. I am a well student in college and need the money to pay for my education, which I can’t afford even with debt. What should I do? please, reply immediately.
March 22nd, 2015 at 5:45 am #Jason

Jack,
The other driver my have felt sorry for you and your predicament but he doesn’t have the authority to forgive you when he is paid by his insurance company for your negligence. Your liability, that he transferred to his insurance company for the acceptance of the claim money now belongs to his insurance company. That is the concept we call subrogation. You owe his insurance company for what they paid their insured. You will need to obtain their forgiveness in order not to owe them money – a forgiveness they will most-certainly not grant.

Anyway, since we are all required to carry minimum liability insurance on the vehicles we own or drive in this country, let your insurance company know of this claim against you so they can pay it. That’s what liability insurance is for.
March 22nd, 2015 at 8:07 am #Rob

I see that when insurance companies are investigating claims to see if the insured actually caused the loss, they may ask for extensive personal financial records, and other records. So if you are a person with bad credit, current financial difficulty, and seriously delinquent in mortgage payments, should you bother paying for insurance, especially for your personal property?
I may have lots of red flags – but still have a legitimate claim. But if I am almost surely going to have claims denied, would not insurance be a waste of money?
March 22nd, 2015 at 9:54 am #Jason

Rob,
Some people who have bad credit, are behind on payments, and lack money may have an incentive to destroy their property for insurance money. Sometimes that impulse overrides the rational understanding that making a false claim may also be a crime.

That doesn’t mean all people who have these issues will cause a loss to get insurance proceeds. Sometimes terrible things happen to people who are in bad situations. Losses also occur to people who are wealthy, or who have good credit/current on all their monthly payments.
March 23rd, 2015 at 4:28 pm #Erika

My car was parked and someone slammed right into the rear of my car destroying the back. Took down insurance info photos of both cars, photos of insurance card as well as a video of the damage. Called 911 to report the accident and dispatcher said to exchange info since nobody was hurt. I called the persons insurance company and its been two months and they have not been able to get in contact with insured to get a statement. Then I receive a letter from the insurance company stating that they cannot move forward with the claim until they get a statement from this guy. I have liability only which leaves me to deal with them. I filed a complaint with my states insurance commissioner and waiting for a response from them. Im pretty much stuck I didn’t know that if someone doesn’t respond to phone calls they can get away with this?
March 23rd, 2015 at 4:46 pm #Jason

Erika,
You wasted your time by writing to your state insurance commissioner. You might get the idea they are helping you but they have absolutely no concern for you.

If you don’t have physical damage insurance protecting your car, you should stop relying on other people’s insurance to protect you. Because it is true that the other insurance company owes it to their insured to at least confirm your claim, it’s taking a bit longer – especially if he is unwilling to help.

Give it more time. Whether their insured contacts them and confirms your claim, they will eventually take care of your damage if he indeed has liability coverage. If you have not demanded action and 60 days has already passed, you need to be more assertive.
March 24th, 2015 at 7:16 am #Sarah

I was backing out in a school parking lot. The girl behind me came out of no where to get in front of me. I did not see her and tapped her car, leaving a small dent. I stopped my car so she could speak to me but she drove off, later she told the school police officer. No ticket was issued. Her parents are now suing me. I live in Michigan a “no fault” state, What kind of damage am I looking at. I am broke.
March 24th, 2015 at 1:20 pm #Jason

Sarah,
The insurance is a no-fault basis and that means your insurance company takes care of the damage to your own car.

I will assume you are insured with MI insurance and the accident also occurred in MI. There is a mini-tort provision that allows others to sue you if they are suing for upt to $500. I will assume that is what’s happening.

Suing and getting the judgment against you will be fairly easy. The difficult part will be to collect that judgment from you. If your are broke and are going to school, they will probably exhaust their collection efforts and nothing will materialize from the judgment – unless you voluntarily pay the judgment.
March 24th, 2015 at 2:57 pm #John A

My car was under insured (just Liability- state minimums) (no comp or collision) due to unemployment.. however, My car was hit and I have $5000.00 in damages (but its drive-able).. My car loan provider has been charging me extra monthly due to the drop in insurance coverage.. can I put in a claim to get my car fixed with them..?
March 24th, 2015 at 3:48 pm #Jason

John,
Your car is not technically under-insured based on the coverages you have and don’t have. You are self-insured for any physical damage to your car.

The insurance forced onto your car by your lienholder is physical damage protection, but that physical damage protection is only for the benefit of the lienholder. It is one of the most costly insurance coverages you could possbily be paying for your lienholder, and without any benefit to you. With the insurance coverage they have, they are the listed insured.

Now, if you return your car to them (surrender it), they can file a claim with their insurance company that you have paid and they can get your car fixed (or have it totaled). What this might allow you to do is walk-away from the car (and perhaps some or all of the loan paid off). This would be considered a voluntary repossession. You might want to talk to them about your options.
March 24th, 2015 at 6:46 pm #john

I am lienholder on a home that was insured by homeowner until they could no longer pay premium. Our agreement clearly stated they must maintain insurance on property while be financed by us. We contacted insurance company and informed them we would pay premium while we foreclosed upon them. turned out they quit claimed back to us in lieu of foreclosure. They then contacted insurer and requested a refund of premium they did not pay. I contacted insurer and they said they would make check out to both of us and we would have to settle on our own. They later changed their mind( Insurer) and sent the homeowners a full refund that we paid of insurance thereby ending insurance on home. Do we have claim on insurance company or do we need to file suit against previous homeowner. We have proof of cancelled check from insurance company that we paid premium.
March 24th, 2015 at 7:40 pm #Jason

john,
It appears there is no damage and no claim for any damage to the property you own.

It appears you voluntarily paid the purchasers homeowner insurance for the people who quit claimed the house back to you. They then cancelled the insurance and received a refund of the unused premium.

You ask if you might be able to recover the premium money you paid from either the insurance company or the homeowner. You as well as I know the insurance company already returned the premium in question. The premium money was paid for the insurance protection of the insured (previous homeowner) and when cancelled, the premium was returned to the insureds. You injected yourself between the insurance company and the insured and you voluntarily paid for their insurance premium. Because you freely and willingly paid the premium for the previous homeowner, (contrary to your contractual agreement) you have no right to ask for it, or demand it, back.

I suspect if you file suit against the previous owner, your case will be dismissed.

Note of caution: Don’t introduce yourself into a contract that voluntarily involves 2 other parties. It generally won’t end well.
March 25th, 2015 at 6:33 pm #Danielle

I am not sure if anyone can help me with this question but I will give it a shot.
Last year in August we had a fire in our apartment started by a toaster that my 12 year old was using. The unit was destroyed along with all of our personal belongings. The fire departments investigators determined that it was an accident caused by an old faulty toaster. We just received a letter from an attorney representing our owners insurance company demanding the full amount of the monies paid in repairing the unit as well as lost income paid to the owner while the apartment was being repaired totaling almost 200,000 dollars. They are claiming we were negligent in the cause of the fire and we have 30 days to respond or the debt will be considered valid. What would be the best way to respond to the letter? We did not have renters insurance and are still trying to recover all of our own lost items.
Thanks for any directions you could point us in.
March 25th, 2015 at 7:06 pm #Jason

Danielle,
In order for the owner’s insurance company to have a claim against you or your family, it is necessary that you or your son would need to be negligent for the damage due to the fire. If you or your son is negligent for the fire damage, then he, or the entire family would be liable for the damage.

The mere use of a toaster doesn’t create negligence (or fault). In fact, how you reported your son was using the toaster, which initiated the fire, it appears you son is absent any negligence, as would your family. It doesn’t matter who owned the toaster. Ownership of an item that caused the fire damage isn’t that important. Perhaps the toaster manufacturer should be considered for being responsible for the damage.

I would not even acknowledge the attorney letter. However, if you want to respond, you can explain the situation to the attorney that neither your family nor your son had any negligence relating to the fire damage and you reject and deny any and all claims of responsibility for any damage they claim.
March 28th, 2015 at 10:10 am #jose Snell

I was recently in a health storm in my car.. I took it to the adjuster and they determine that all of the wind chills or glass that was damage was because of pebbles of rock throwing by other vehicles…I only have had this car for three months its brand new I have over a hundred small cracks or specs on my glass windows …how can they determine what done with falling ice or a small rock..
March 28th, 2015 at 10:35 am #Jason

jose,
Hail doesn’t cause chips in windshields. If the hail is sufficient size, hardness, and speed, it will crack the glass.

What you are explaining seems to be the symptoms of rock chips.

When following other vehicles, don’t follow so closely and you will avoid a lot of those rock chips.
March 30th, 2015 at 8:43 am #Lance Gropper

I had a medical insurance company who claimed that they never received any of my payments, and wouldn’t honor the policy I had. They sent me an ID card, and let me to believe I had insurance. I didn’t know I wasn’t covered until I tried to see a doctor a month and a half after I started making payments, and at that doctor, they said I never had insurance with them and never made any payments. For many months, I tried to call them to complain, filed grievances with them, contacted Obamacare about them, contacted the Better Business Bureau, and contacted the Department of Insurance (who is apparently paid off by them). I received a letter from them, 6 months after I cancelled indicating they found the problem was with their bank, not notifying them of the payments. Aside from trying to recoup the premium payments, what else can I sue them for? i.e. the cost of the medical visit I had to pay out of pocket, all of the time/trouble trying to contact them and other agencies?
March 30th, 2015 at 9:43 am #Jason

Lance,
Obamacare is the worst failure-in-progress that could have happened to this country. If that law is not fully repealed, the healthcare industry in this country will crumble. Healthcare should be in the hands of the free capital market system and the worst posible entity running healthcare is, without question, our government.

With obamacare – premiums, deductibles, copays, prescription costs, and yearly maximums have increases significantly. This year the fine of not having insurance was $95 to $285; next year, the fine will be $325 to $975; and after that, the fine will be $695 to $2085.

The inefficiency of government, combined with the failed law will continue to increase the healthcare costs of every single American to a certain breaking point until healthcare in America collapses entirely. Besides the sky-rocketing costs, poor medical services. declining medical procedures provided, and the availabilty of doctors, healthcare will decline to its lowest possible levels within the the next year or two.

Your insurance concern is minor. Had you had insurance, it is very likely you would not have even met your deductible, so the only thing you should consider is the refund of your premiums – unless they are able to get it straightened out and they confirm you have insurance. With confirmation of medical coverage, you will be in the same boat with insurance, but no payments for your medical costs until you exceed your deductible – which for the average American is $5181 in the bronze plan ($3489 in silver plan).

In my opinion, without even knowing the dollar amounts involved, it is very likely suing would be a waste of time, money, and effort. I can’t even determine who you would sue (bank, insurance company, obamacare exchange, etc.) and I don’t think you know either.

Oh, and you are correct about the DOI – it is only in business to make sure the insurance industry remains viable, liquid, and in business. It has little to no concern about you or me.
March 30th, 2015 at 10:22 am #Cindy

I have a 1988 Georgie Boy RV, good condition. Ive paid the RV premium last 10 years over 400 every 6mts. We came home 2 weeks ago someone took a tool and pride open the door put whole in the side. The adjuster gave us 2900 with 500 deductible 2400. I went and got an esitimate, the parts may be hard to find and the paint would not match. I don’t want to drive an RV like that. Nor would anyone else. I have asked to total to get 5000 so I can buy something else.
I am cancelling my insurance (Met Life). If they wouldn’t fix back the way it was which is my expectaion when paying insurance than what is the difinition of totaled?
March 31st, 2015 at 6:55 am #rob

I need help! I got into a fender bender a few months ago. The car I hit had no damage and I didn’t have the money for my deductible. Nothing was reported and I never made a claim. I thought I would just fix the car myself when I had enough money. When I took it in I found out it was going to cost a lot more than I realized and I should have gone through the insurance company. I had and still have full coverage.
March 31st, 2015 at 2:34 pm #Riz

Someone rear-ended me while stopped at intersection yielding for crossing cars. It was a minor damage on the car but being a small person, 105lbs 5′ tall, I have suffered from dangerously high blood pressure that is lasting over a year now. I went to the emergency room on the day of the accident and continued treatment until now. The insurance company of the driver from the other car denied my medical bills and pain and suffering since the beginning. I took the Driver to small claims court and won. I did not name the Insrance company as co-defendent. I have been told that the insurance company will have no choice but to pay the judgment amount. However, my loss of earnings due to doctors appointments surpassed the Small Claims court limit of $10,000. There are other bills that will not be covered with the amount awarded to me. Since my health issues continue, can I go back to the other Driver’s insurance company to recover the additional bills?
March 31st, 2015 at 3:20 pm #Jason

Riz,
Who told you the insurance will have to pay? The thing is that the person you sued needs to inform his insurance company so his insurance company can be involved in his defense.

The other driver has a contractual obligation to inform his insurance company when he is sued. You should not have to name the insurance company as a co-defendant because his insurance company will substitute themselves into the suit on behalf of the other driver. Since it appears the other driver didn’t inform his insurance company, the terms of the insurance contract were not met and his insurance company may not be liable to pay the judgment amount. You may have to get the other driver to pay it personally.

As far as can you get more money? I am not convinced you will get any of it. You have a choice and that is to choose which lawsuit you will bring. Either a small claim action or a lawsuit that encompasses amounts above the small claim limit. You backed yourself into a corner and you chose the small claim court with it’s maximum so, if you get that, that is the most you can expect.

You should really speak to an attorney about this matter. You may need to bring another suit and have the current one vacated (like it never happened) and then sue the other driver again so he can get his insurance company involved to defend against your claims.
March 31st, 2015 at 3:32 pm #Riz

Jason,
The Driver said that he informed his insurance. But I am not sure why no Insurance Rep (Geico) showed up with him.
Thanks for your input.
March 31st, 2015 at 9:54 pm #James

I need serious help and advice. Please. I was parked at a red light of a four way intersection. A van pulled out in front of a car traveling in front of me. The van was clipped and sent into my car which my car was totaled. I went to urgent care for X rays. They had me follow up with accident specialist. The specialist then sent me for a MRI. They diagnosed that I have multiple pinched nerves in my cervical and lumbar spine. They also found torn ligaments in my right shoulder. I have tingles traveling to my right foot and right hand. Constant migraines that I’ve never had in my life. The driver of the van is a fault. Come to find out the van was stolen the kid driving it was his grandson. The Grandpa has full coverage. There insurance company is saying there not responsible. I’ve been spending the last two weeks at doctors and specialist and physical therapy and chiropractors. I’ve missed 2 weeks of work due to excruciating pain. Please I need advice.
April 3rd, 2015 at 5:02 am #LaVia Allen

I have a problem. There was a hit in run on my truck a couple of months ago In a parking lot. I never got it repaired or made an insurance claim. I have full coverage on my truck. The side panel and bumper was affected On the drivers side. I want to file a claim for it so I can use the money to get a new motor. I went to Conrad and they did an oil change. My engine light was on prior to that but was running fine. once they did the oil change my car keep stalling out. So I immediately took it back and told them my car keeps stalling. So the took it back, did a second oil change and now my motor is shot, it won’t run. I took it to a machinic and he said because my truck has 200, 000 mile, when they flushed my motor out that was the wrong thing to do and anyone who knows about cars should know you don’t flush out high miles cars. I asked if there is anything I can do? He said no, unfortunately I will need a new motor. I asked if i can go back to Conrad and let them know to see if they will fix it. He said all they will do is tell you they did what you asked and gave you an oil change, they will not admit they were at fault. So know if I get the damage fix on the dide of my truck will the insurance company pay me so I can use that money to get a new motor? I don’t have the money For a new car. What should I do?
April 3rd, 2015 at 6:07 am #Jason

James,
The vehicle owner is not responsible. Perhaps you can ask the driver to assist you with your concerns. Don’t hold too much hope here because this kid sounds like a loser if he’s stealing vehicles from family members.

Other than that, you can submit your medical care bills to your health insurance and/or your medical coverage under your automobile insurance – if you have medical coverage insurance.
April 3rd, 2015 at 6:19 am #Jason

LaVia,
Your first 4 sentences would have been sufficient for your post. I don’t need to know the information in the rest of your post.

Make a claim. If you can establish a legitimate claim and the claim is paid, you can use the claim proceeds for anything you want. That discretion is left to the policyholder.

I don’t know if they will pay you for the damage to your truck because I don’t operate their claim department. If you establish your claim as legitimate, they should.

If you don’t have money for a new car, don’t get a new one – buy a used one.
April 6th, 2015 at 6:32 am #charles

we have had an insurance inspector on are 11 yr. old roof. he stated we had thermal cracking from defaulty shingles.this would not be covered on are policy.what is the differance from a hot water tank thats defaulty and floods your basement or a bad space heater that burns your home down.we are lucky enough to catch it before it leaked and caused serious damage.they refuse to cover any cost.what came we do.we can not cover a 12 to 16k roof at are age.
April 6th, 2015 at 8:35 am #Jason

Charles,
Your insurance company doesn’t provide coverage for the shingle manufacture, or the products it makes. Thermal cracking and defective shingles are not damage. They are the way a shingle was made.

There is no difference between a water heater or a space heater. If the water heater fails and causes water damage to your home, the water heater (just like your shingles) is not covered since it caused the damage. The resulting water damage would be covered though.

Same thing, if a space heater goes bad and causes a fire, the resulting fire will be covered but the spacer heater (shingles) won’t be.

If you can’t afford to own a home, you should sell it and rent – that way the landlord will be responsible for the maintenance costs.
April 6th, 2015 at 10:04 am #charles

i was asking for suggestions on what to do not an insult on whether or not i can afford my home
April 6th, 2015 at 10:19 am #Jason

charles,
No insult was intended or given. I responded to your comment as follows:

“..we can not cover a 12 to 16k roof at are age.”

I still maintain that if one cannot afford to serve in the capacity of a homeowner, they should let someone do the owning (landlord). By having someone else own the property, the owner incurs the expense to maintain, not the tenants.
April 8th, 2015 at 3:09 pm #casey

I just discovered your site. Two years ago I switched my homeowners insurance to monthly payments. I received statements for homeowners policy which also reflected my payments. After one year, March 2014, I received a notice from my mortgage co that my insurance had been cancelled and they had instituted their own policy ( very expensive ). When I contacted Farmers regional office the supervisor was helpful and revealed that my payments had gone back and forth from my auto policy, which was fully paid up, and the home owners. “Sometime” my home owners had been cancelled for non payment. I filed a complaint with Utah’s insurance commission who thought that putting payments into a “lockbox”, which is not what I had been told had happened to my payments be fore I filed the complaint, was just fine.

Later I was offered a renewal policy at a much higher premium. Is it legal to misapply payments and then cancel a policy for non payment and without notice? Can I recoup the money paid for the insurance from the mortgage holder? Can I sue for the lost sleep this has caused me?
Thanks.
April 8th, 2015 at 4:09 pm #Jason

casey,
Find an independent insurance agent if you can. Focus on the better rated insurance companies in your state like Bear River Mutual, Amica, and USAA. Stay away from lower rated companies like farmers and allstate.

An insurance commissioner isn’t there for consumers; it’s there only to keep the insurance companies viable and in business. If the insurance industry is strong, so is the job security at the Department of Insurance.

I don’t know what happened with your nonpayment cancellation letter(s) but it happened and you need to move forward.

Is it legal to to mis-apply payments? Without specific direction where the payment should be applied, it’s up to the company to decide where it gets applied – so probably not. Is it illegal to cancel your policy without notice? Probably. The penalty assigned for that would be minimal and it wouldn’t go to you so it’s not even worth the time. Insurance companies take great care to document their cancellation notices so it’s hard to believe notices weren’t sent.

It is very unlikely that you can recover any payments made for the forced insurance you had through your mortgage holder. Make sure you are not being charged for the forced insurance during the periods of time when you had your own coverage in force.

You can sue anybody for anything, including loss of sleep. Even in the very unlikely event you are awarded a judgment, the value assigned to missing sleep would not be very much.
April 8th, 2015 at 11:13 pm #Melody

How do I prove a lowball estimate to be unreasonable? The other party is 100% at fault. I took the car to the insurance preferred network repair shop and the estimate was low. I took the car to 2 other reputable commonly used repair shops and the labor time was double the initial estimate. The insurance company said they will pay of the low estimate only and sent me the check. I plan to trade in the car and not repair it, which from what I understand should not matter. They said I can take it in, start the repairs, and have the shop submit a supplemental estimate. This is not hidden damage that is being supplemented though. It is an assessment of the damage that is obvious initially. Shouldn’t 2 other estimates from known reputable places be enough to squash the lowball estimate? I believe 1 of the 2 places is even a part of their preferred network. Thank you in advance for your knowledge!!
April 9th, 2015 at 6:34 am #Jason

Melody,
You can’t prove an estimate is unreasonable.

Why don’t you submit a claim to your insurance company for the damage? Send the check back to the other insurance company and stop playing their game.

There is no such thing as estimate squashing, but even if there was, it would take significantly more than 2 other estimates.
April 9th, 2015 at 5:59 pm #Erin M

My car was already in a repair shop for approx$3k worth of body damage. I called a week later to check in on it and the woman said, oh jee, no one called you, I’m surprised! The were putting in a used transmission! I told her to stop all work because I wanted a new transmission. She said it was too late they already ordered and began installing it. I told them to stop work that I would call the adjuster. I was told good news, this used transmission only had 20k and mine has 42k. I said I wanted new and no one ever asked me. They said they would gaur enter the transmission for life. I said I wanted that in writing and no one has sent that yet. So I called again and said if it’s not in writing I would rather pay the difference for the new transmission. Meanwhile the repair shop is continuing to install the used transmission even though I asked them to stop. No one cares that I am the owner of the vehicle and should have final say. What can I do?
April 9th, 2015 at 6:12 pm #Jason

Erin,
I can’t believe all that transpired during the approximate time of 5 hours that it takes to install a transmission.

It’s likely your old transmission didn’t have a warranty on it. If they are providing this transmission with a lifetime warranty, you should be set.

I have never heard of a used vehicle getting a new transmission installed. Every instance I’ve encountered was either a re-manufactured or used transmission.

You can ask for the written documentation that the transmission has a lifetime warranty when you pick up your car. If that is what you wanted in writing, that should be it, right?
April 10th, 2015 at 7:41 am #Erin M

Well..I still don’t have my car so something takes longer than 5 hours. so I don’t think it’s that cut and dry. The transmission was not in the original scope of work. They added it and never notified me. If I wanted to pay the difference for new I should think I would at least be given the option my car is only 3 years old. They can legally proceed with whatever they want? Without the owners permission? Or even knowledge?
April 10th, 2015 at 2:25 pm #charles

I was looking for suggestions…not insults.

Lets be more specific here. 30 year shingles, should last at least 25 years. They only lasted 11 years…now its going to cost me $16,000 to replace something I never expected to replace since we wouldn’t be living in this house more than 15 years. Shingles went bad before their time. Shingles are part of my house. Without shingles you can’t have a house. Why wouldn’t they be covered under your home owners insurance.

Not many people have have $16,000 at a whim to put in a house. Yes, I can afford my home, just wasn’t expecting to put a whole new roof on only an 11 year old home. That’s just nuts to have to do that!

The shingle warranty was bull shit and my home owners insurance is too. And I can’t go back to the builder because he’s not in business anymore plus you can only go back to them within a five years after building anyway.

Just saw this site was hoping for some suggestions. Do you think it is futile to get a lawyer involved?
April 11th, 2015 at 3:39 pm #Melody

Sorry, forgot to mention I only keep liability insurance on my car. Did you have any other advice aside from claiming it on my insurance. Maybe statements to use that may get them to stop trying to scam me. Don’t they have to pay the shop of my choosing’s estimate as long as its reasonable? Wouldn’t the shop being reputable and a second reputable shop agreeing be enough to argue its a reasonable estimate? If I choose to sue the negligent party, does that come back around to the insurance company? Will they have to pay my attorney and small claims court fee’s?
April 14th, 2015 at 10:20 am #Luis

my car was hit while parked outside o f my house in Utah, driver came and woke me up and notified me of accident, his insurance has been handling the repair how ever the repair shop that took care of my vehicle took 65 day to fix it they went through 3 adjusters and they finally got everything done how ever car does not feel right suspension wise and this would be my 8th time taking back there i really dont wanna deal with this any more and i want to sell my car is appraised at 24k how ever i paid 19k for it but so far they have spent 16k on repairs, why did they not totaled the car ? can i do something to get it totaled and have the insurance just pay me for it ? since the first estimate of repairs was 4k i didn’t do much but after so many repairs fails attempts to contact them and 3 adjusters from the repair shop that they recommended me total is in the upper 16k i wanted to get the diminished value on it but i can’t sell a car no one wants to buy a car that has 16k on repairs as a clean title
April 14th, 2015 at 10:40 am #Jason

Luis,
You would have to ask the insurance company why they didn’t (or don’t) total the car. Ask your questions to the insurance company.
April 15th, 2015 at 4:28 pm #Jason

Melody,
No, I don’t have any other suggestions. You are dependent on the other person’s insurance company.

Yes, they would need to pay for the repairs at the shop you choose. Take it to your preferred shop, get it repaired, and they will pay for any additional amount that may be needed to repair it to pre-loss condition. They probably will even offer you a bit of rental reimbursement for rental expenses for the amount of time it’s in the shop being repaired.

You can argue all you want about the estimates being reasonable – since you believe they are reasonable, get your car fixed at one of the shops you like and if the shop has to bill more as a supplement, you won’t have to pay – the shop will direct bill it to the insurance company. You won’t have any out of pocket money to get the vehicle repaired.

You would need to sue the at-fault driver. The insurance company for the at-fault driver would substitute itself in place of the at-fault driver. No, they won’t pay your attorney fees and court costs for you. Those are your expenses. Even if you successfully sue, it is more than likely the court would not award you attorney fees and court costs.
April 16th, 2015 at 6:30 am #moe

i was in an automobile accident jun 2013. the insurance company paid up the repairs right away . Just the car rental and and storage fees they never paid me. I called them up at the end of 13 and told me i should send them the receipt again. i sent it and still never got anything from them. 2 days ago i sent a email to the claims rep and didnt get a reply. What should be my next option and am i entitled to anything extra bec they didnt pay on time? and is their an amount of time that i have until i wont be able to collect anymore bec its almost 2 years already? thanks so much
April 16th, 2015 at 6:34 pm #Jason

moe,
You had vehicle damage and that was paid. You had car rental and storage fees, which have not yet been paid. Get this stuff reimburse as soon as possible. To have this unresolved for 2 years is way too long. There are statute of limitations that limit the amount of time to get this stuff resolved. If you are owned money, get those responsible to pay you right away and don’t let 2 years pass before you get serious about it.
April 21st, 2015 at 4:46 am #blanca

Hi, I have a big problem with my insurance company. united insurance group I was involved in an accident June 2013 a year after getting my Chrysler 200 2012 the young driver hit me after I was already in the intersection so she tboned me and I tried swerving away from the hit since I was 5 months pregnant and didn’t want the air bags to deploy so I went onto the sidewalk ran that over and onto a private property wired fence that scratched my car up until the back passenger doors. I also hit a pole holding the fence. The ambulance and police came after a few people called and I wasn’t able to even open my door so I had to go through the front passengers door. The cop got both our stories gave the girl a ticket for not yielding and now my insurance thinks that it’s not a big deal so decides to pay. They gave me $450 plus my deductible of 500 to fix the bumper. The body shop and the adjuster now April 20th 2015 agree that the left hit which was the main hit was from another accident. After having the car at the shop since March 24th – April 20th they officially say there will be no more repairs and no more money. The car steers left or right very drastically and I’m afraid of driving it at all, the radiator shows signs of damage and after about a week the body shop said they would break down the car and check for extra damages well I never heard anything else from them. I called the appraiser and he said he couldn’t do anything and the body shop bill Luke Chrysler and jeep just called me on the 17th to say they will charge storage fee of $30/day also on the 20th called again and said they can start an abandoned title after 30 days. We don’t receive money until the 24th of April plus plates are due so I can’t just take it out and drive it. It’s the worst thing to have happened to us. I rented a car for 31.99 per day since March 24th and the bill came to 887.00 after 24 days with it I returned it and now owe the deductible of $500 plus the $30/ day and the car only got the bumper fixed. Seriously someone could have told me ur not going to get anywhere with trying to fix the entire car at the shop and should just get all that money u spent to fix it instead of taking it to get fixed. The door still is crashed and my brand new car is nothing close to what it was. We’re actually trying to take it into the shop and get whatever we can to pay it off and just leave without a car and car payments. If that’s even possible. I was hoping I can sue for having all the proof of everyone on the case being negligent and not wanting to read the police report and to actually see what I have tried explaining since I got in the accident. I’m afraid of losing the car and for it to never get fixed even though I insisted with everyone. What can I do I am on the state of Arizona and my insurance doesn’t want to pay. It only paid 150 of 887.00 of my rental car. That was the maximum. With a full coverage plan.. Horrible.
April 21st, 2015 at 4:59 am #blanca

Also I forgot to mention I had an estimate done my a body shop Maaco recently after the accident and the estimate was I’ve 5k I gave that info to the attorney so she can try to get something out of that and nothing helped. They sent the appraiser to look at the bumper and that’s all that got fixed. Not even the grill or scratches or anything else. I have no idea how to get someone to listen and fix my car.
April 21st, 2015 at 5:00 am #blanca

Also I forgot to mention I had an estimate done my a body shop Maaco recently after the accident and the estimate was over 5k I gave that info to the attorney so she can try to get something out of that and nothing helped. They sent the appraiser to look at the bumper and that’s all that got fixed. Not even the grill or scratches or anything else. I have no idea how to get someone to listen and fix my car.
April 21st, 2015 at 5:24 pm #Jason

blanca,
Since you have an attorney, ask your attorney what you can do. Your attorney knows more about your situation than I know about it.
April 22nd, 2015 at 4:32 pm #Jose Chang

I had a traffic accident, remain the responsibility of another driver, your insurance company says it will recognize only 60% of the costs of repair, it is worth it?
April 22nd, 2015 at 4:37 pm #Shawn

Hello,

My car was stolen almost a year ago and I filed a report and followed all the steps that were required by my insurance company. The name of the company is United Auto Insurance and I had FULL COVERAGE (which included car theft insurance). The person that handled the case said she came to a conclusion but she had to give to case to someone else to readjust it or confirm it. It has been 11 months since the date of the incident and now they aren’t returning or answering my calls. They also made me continue to pay my monthly insurance or they said I wouldn’t be able to file my claim…Not sure how true that is. My next step is to contact a lawyer. Any advice?
April 22nd, 2015 at 7:16 pm #Jason

Jose,
I don’t know the specifics of your accident or your claim but if your insurance is offering to pay 60% and you are asking is it worth it, I think 60% is better than 50% or even 30%. Does this response answer your question?
April 22nd, 2015 at 7:21 pm #Jason

Shawn,
No, I don’t have enough information about your claim and your situation to provide any reasonable information.

I do know that your insurance is based on the premise that your coverage applies to the date of loss and continuance of your insurance past the loss date has no bearing upon your coverage for the claim.

You might want to take your next step.
April 23rd, 2015 at 2:03 pm #ivon

Hi so my bf hit the back of a car while they were stuck in traffic . Nothing happened to the car not a scratch .they had state farm and charged us 600 in “damages ” my bf paid it off because he didnt want to have problems now one year later state farm calls us saying we have to pay 20,000 in medical bills. Is this a fraud ? They were going probably less than 5mph nothing happenes to the car and they never said they were injured what can i do ? Do i have to pay everything
April 28th, 2015 at 5:16 pm #Sandy

I had major damage to my summer home(travel trailer) and it’s contents in 2011 from Hurricane Irene. I told my State Farm Agent about the loss and he stated that I was not insured. The same agent told me that the contents of my recently replaced travel trailer were covered by my home owners policy. This policy has not changed agencies since 2000. Can I still make a claim? Isn’t this unfair practices? Please advise.
April 28th, 2015 at 8:01 pm #Jason

Sandy,
The time to make a claim may have elapsed. I don’t know when the loss occurred and the claim was made. Nope. nothing you mentioned has anything to do with unfair practices.
April 29th, 2015 at 3:58 pm #Hayley

if i borrowed a ipad from the school library without permission but and hour later went to put it back and the door was locked and i gave it to my administrator and they gave it back the next day is that theft
April 29th, 2015 at 6:32 pm #Jason

Hayley,
If you take something without the owner’s (or property caretaker’s) permission, that technically is theft. If they give consent, permission, or an o.k. then it would not be.

If a person takes a stereo from best buy on a wednesday and returns it on thursday, the taking of the stereo is a theft since best buy doesn’t give people permission to take things from the store without paying for the item.

I fail to see how your question relates to insurance.
April 30th, 2015 at 5:28 am #Sandy

Hayley,
Thank you for responding to my question. I would like to add to my information. My loss and inquiry to my agent happened in 2011. There was no claim made, due to my agent stating the contents of my travel trailer and campsite (Shed, Bicycles, Chairs, Deck, Grill, Outdoor Stainless Steel Sink, Refrigerator, and many more items) were not covered. I did have homeowners insurance at that time. It was not until last month that he told me the contents of my new travel trailer and site will be covered by my homeowners policy. That initiated this question. If it is covered now, why was it not covered back in 2011? Again, this is the same policy. I have pictures of the distrusted items and are very costly to replace. I appreciate your responses.
April 30th, 2015 at 5:32 am #Sandy

Oops….Jason, not Hayley…LOL
April 30th, 2015 at 5:28 pm #Jason

Sandy,
It was covered in 2011. Any personal property you own is covered any where in the world.

You may have had personal property insurance protection as well as a limited amount of trailer insurance for your travel trailer (around $2500) under your home owner policy.

Again, I stress, it may be too long since the loss occurred to make a claim that will be accepted. Claims should be made as soon as possible, and generally within 1 year (sometimes 2 yrs.) to be accepted.
May 2nd, 2015 at 10:05 am #ralph

We lost our house Jan. 23 this year. Total loss. Since then our insurance carrier, Farm Bureau of Mississippi has “investigated” the claim by two depositions so far of myself and my wife 6 hours and 4 hour respectively. I asked for a copy of my policy as all records were burned. I was give two “application forms” the most recent being 2012.. I again asked in writing for copies of the policies for the past three years and got copies. Finally. Problem is that the monies to be ppaid out in event of fire etc have been changed. So my question is, “can the insurance company change any policy pay out to a lesser amount without your knowledge or consent or signature on anything?
May 2nd, 2015 at 11:57 am #Jason

ralph,
You are the one who picks your coverage amounts, not the insurance company. You may be referring to a three-quarter clause, right?

According to Mississippi Code Ann. § 83-13-5, Mississippi’s statute only applies to fire insurance. In the event the building is totally destroyed by fire, the insurer must pay the amount stated in the policy. The insurer is not allowed to attach a three-quarter clause to the fire insurance policy.
May 3rd, 2015 at 6:25 pm #ralph

i think i understand the three quarter payout bit. but my problem is that at some point ‘after’ the application was made someone changed some of the figures to reflect a lower coverage. this was way before the fire. then the adjuster showed me.s a form of payouts that was less than the application numbers, NOW i have three years of policy copies that show different numbers AGAIN. this time higher. someone somewhere is trying to correct something and the company is stalling on payment to the bank on the mortgage which they state they would pay no matter what. the bank is getting a bit miffed at US for none paymment of mortgage.
May 3rd, 2015 at 6:47 pm #Jason

ralph,
Your agent should have his records when you purchased the insurance. If the numbers don’t look right, get your agent involved to clarify things.

Your insurance company will pay the mortgage for a total loss regardless of the results of their EUO examination and investigation. Until your insurance company pays the bank, you need to keep your payments current.
May 4th, 2015 at 10:33 am #Chris Domino

My wife was recently awarded a fairly large sum from an insurance company because she was hit by a car in a crosswalk. We then filed bankruptcy. Most of the liens were discharged, and now our attorney is saying he can’t do anything with the check, because our bankruptcy trustee has it. Our bankruptcy trustee says that’s not true, they DON’T have, and WON’T have the check. They’re suggesting that we contact the State Bar against our attorney, so we can get our money. Help!
May 4th, 2015 at 10:42 am #Chris Domino

A quick question I also need to ask about the above. Our bankruptcy will be discharged in about 50 more days. How long can an insurance check lay around in our attorney’s office, before it can no longer be cashed?
May 4th, 2015 at 6:52 pm #Jason

Chris,
You probably discharged your attorney’s debt with your bankruptcy and your attorney is making it hard for you to collect your settlement unless you agree to pay him for his work, despite the bankruptcy.

Even if check expire, it can be re-issued. Expiration of a check should be the least of your worries. You may need to contact your attorney to find out how you can resolve his issues with you. Remember, a bankruptcy even protect you from your attorney’s fees and you don’t need to pay him a dime if you filed a chapter 7 and included his debt in your bankruptcy. If you have other questions or concerns, just ask in another post.

Also, I agree that what your bankruptcy trustee is telling you that they don’t have the check.
May 4th, 2015 at 9:23 pm #Chris Domino

Thanks Jason for answering so quickly. We never included the attorney in the chapter 7 filing, but we did include his medical buddies liens who were charging double for their services. But you could be right, he still might THINK we included him. My wife is very sure that he knows he’s not listed as a creditor, because his associate told us that a while ago! Now he seems to be playing dumb, and making it seem as if he no longer has control of the check, that it’s all in the bankruptcy trustees hands. Our bankruptcy attorney thinks we ought to report this to the State Bar, because they said something smells fishy. What do you think?
May 4th, 2015 at 10:03 pm #Jason

Chris,
Hit your attorney from every angle. He is supposed to be your advocate but it seems he is now your enemy. That is completely wrong.

If you can’t get your attorney to cooperate voluntarily, you will have to get him to response by formal authority. You probably know that requires a court order, right?
May 5th, 2015 at 6:05 am #Chris Domino

After reading your advice Jason, we’re writing one more email to ask him to respond, so that we can come collect the check. If he doesn’t we’ll go ahead and try the formal route. Thanks for your help.
May 5th, 2015 at 11:04 am #Catherine Cruz

I was rear ended by a drunk driver and their insurance has sent me a total loss market value for my car less a $444.86 salvage fee. How are any fees my responsibility?

I told them I reject there offer and they are moving forward anyway and sending a check less the salvage fee.
May 6th, 2015 at 6:56 pm #Jason

Catherine,
If you don’t like how the other insurance company is treating your claim, simply file a claim with your insurance company under your collision coverage.

When a vehicle is totaled, the insurance company purchases your entire car from you for the settlement amount. When a claimant retains the damaged car, they have to purchase the damaged car back from the insurance company. The insurance company determines what they would expect from selling your damaged car in the current damaged condition and sets that as the purchase price you have to re-buy it from them. They consider that payment you owe as the salvage value, and perhaps even a salvage fee. Did you retain your damaged car?
May 8th, 2015 at 5:39 am #dave

I just bought a new car and was in a car accident 1 week after buying the car. It was the other drivers fault. It has been in the shop for a month now. Can I get them to pay my bill since I have not had the car cause of the accident?
May 8th, 2015 at 6:10 am #dave

I just bought a new car. I was in a accident a week after buying it. Other drivers fault. It has been in the shop for a month now. I was wondering if they would pay for my first payment since I have not had the car?
May 18th, 2015 at 5:55 pm #Josh

My family was involved in a single car accident in Sept 2013 in Maryland. I was driving and my wife and 3 kids were in the car. At the time I had auto insurance and health insurance. My wife was severely injured and ended up spending a month in the hospital and then several follow up surgeries/hospital stays. Her disability is permanent. PIP maxed out within a day of the accident and then health insurance picked up the costs of the hospital, therapy and all follow up. The health insurance sent subrogation notices to which I responded appropriately that there were no other parties involved and that there had been no settlement. Haven’t heard from the health insurance company in over a year. Recently my auto insurance reached out to “settle” with my wife for her injuries and our kids injuries. They offered the full policy limit of my auto policy to her and a 200% of medical bills on the kids. My questions are as follows:
1. Since my wife’s injuries are permanent and severe can she also pursue an underinsured motorist claim against her own auto insurance policy there by doubling the total settlement.
2. Per the insurance adjuster there are no liens filed against the settlement at this time. If she settles can the health insurance come in after the fact and make a claim for reimbursement of costs that they incurred, I would assume as a civil case? If so how long do they have to do that from either a)date of the accident or b) date of the settlement.
I appreciate any thoughts or suggestions that you can offer.
May 18th, 2015 at 6:31 pm #Jason

Josh,
Your first question is a legal question and I don’t address those.

Liens exist no matter what when a claim is paid and there are payers who pay the medical bills who may recover from someone else. Any insurance company seeking reimbursement doesn’t come in after the fact – they come in during the fact. If money is owed, it is owed. Settlement has no bearing whether money is owned another or not.

Of course it would be a civil issue. The time they would have is from the date of last payment or date of settlement, which ever occurs last. (Sometimes settlements don’t occur). The time they have is most probably 3 years, but it could be as long as 12 years. The duration is a legal issue and I can’t be more specific about that.
May 19th, 2015 at 12:33 pm #Jp

Hi,

I was driving in a narrowed street looking for a parking spot, and when I looked to my driver side, an 8 year old drove off the side walk, lost control and ran into the driver side door, left scraches and small dent, he fell off his bike but not really hurt, got up and drove away on his bike again, so I called his father out to show the damage on my car, he agreed to repair it, but an hour later the mother shows up and said she couldn’t pay for the damage because her son had bruises, so I called the police and filed a report, now the parents do not want to cover my $500.00 diductible, they told my insurance that they were going to seek a lawyers advise, according to my insurance if they get a good lawyer, they can try and sue for botaly injury if possible, can they do that even if their son was at fault?

Thanks.
May 19th, 2015 at 8:41 pm #Jason

Jp,
You were everywhere you were legally required to be. Another person drov his bike into an area that caused damage to your vehicle.

Continue to file the claim with your insurance company. They will pay for your damage and then collect from the careless kid with the rude mother. There should be no bodily injury claim because bodily injury does not take place due to the negligence of another person – no matter their age.

Their son was not injured in this incident and everybody knows that.
May 20th, 2015 at 5:57 am #Jp

Thanks Jason,

My insurance is really not doing anything about it, they just told me that I would have to pay the $500.00 diductible and then take them to small claims to get my money back, the only way they would get involved is if these people really get a lawyer to sue for bodily injury, they said that the state of California pretty much covers or rules a lot for minors “sometimes” my insurance said that it can even turn on me even if it wasn’t my fault, I have a 2014 honda accord, I got 3 quotes for repair that are no less than $2500.00, my insurance adjuster sent his review for $1600.00, I am getting $1100.00 from my insurance and I have to put in the $500.00, it is really not the Money what gets to me, it is the kids parents that really get to me being that they know that their son is at fault and they still act like it wasn’t, their son up til now is still riding his bike and scateboard out on the street…

Thanks
May 20th, 2015 at 6:34 pm #Jason

Jp,
Insurance is about damage, not about kids and parents who can’t raise them correctly.
May 21st, 2015 at 10:44 am #Lena

My car was rear ended on the freeway and the other driver was considered at fault. After a couple of months, I was fully compensated by the other drivere’s insurance. 7 months later, my insurance now claims I was partially at fault. I thought the case was closed? How do I appeal the most recent decision and how can this still be negotiated without my knowledge?
May 21st, 2015 at 9:01 pm #Jason

Lena,
I don’t know the specifics of your accident. It generally is difficult to dispute the finding of the insurance companies so it is not worth the effort or time.

Your claim may be settled any way the insurance company decides.
May 22nd, 2015 at 3:45 pm #R.D.

Hi Jason,

Happy I found your website – seems like you have an encyclopedic knowledge of insurance law. Unfortunately, I was not able to find an answer to my question here – so let me post the question.

I’m a small time landlord in Brooklyn, NY. I have a two family house with a finished basement. The basement is not considered a legal apartment. However, it does have two means of egress, and no kitchen. (NYC code prohibits kitchens in basements.)

I live in the basement and rent out the other two (perfectly legal) units. Will this void my insurance in case of a claim? Can I find an insurer that will cover the property the way it is used right now? Have you ever heard of an insurance claim denied due to an illegal basement apartment?

Thanks, R.D.
May 22nd, 2015 at 7:59 pm #Jason

R.D.,
You can live anywhere you want, in any conditions you want. I have no reason to believe you can’t find an insurance company that won’t insure your apartment complex the way it is. What I’ve heard or not heard has no bearing on your ability to obtain insurance and/or claim coverage on your structure.
May 23rd, 2015 at 6:39 am #R.D.

Thanks Jason. My insurance agent told me he was unable to find a carrier that would underwrite the risk the way it is. (House is a two family, but actually has three units.)

Maybe i should talk to another agent? Where would you start the search?
May 23rd, 2015 at 7:42 am #Jason

R.D,
Find an insurance agent capable of finding a carrier that is able to insure your property. Insure it as a 2 unit duplex. The 2 units are built atop the basement so the basement will have insurance coverage no matter what. You have to find an agent who can make it work, rather than not make it work. Check with independent insurance agents.
May 29th, 2015 at 9:11 pm #Clark

I was driving my car A 1994 Cadillac DEVILLE Concours in excellent shape inside and out, for approximately an hour I was going down the road and it just stopped. There was smoke coming out of the hood so I opened it and more came out I waited a few minutes to try to start it and nothing happened the radio worked in the fan work but that was it. I called a friend of mine who is a mechanic he stopped by and noticed oil was dripping from the bottom took a quick look and said there seems to be a problem under the car with the oil filter. I called my insurance company had the car towed to my home and about a half hour later I walked outside and noticed oil dripping from the bottom of the car. I crawled underneath and pulled a piece of metal about an inch to an inch and a half long out of my oil filter. I placed a pan underneath to collect any oil dripping. I called My insurance company and explained what happened. The adjuster told me he couldn’t get anyone out there for a few days I said that’s fine I went and got a rental car under my policy. When I call the adjuster back and asked him what time he was coming he said he wasn’t he would have a tow truck pick it up and take it to the insurance repair shop. I told him about the oil dripping. later that day the manager of the repair shop called me and told me the starter and battery was dead and I asked him if he looked below the car where the oil was dripping. He said no he did not he didn’t have instructions to do so, I asked him if he would please look underneath he said no he would not because he wasn’t told to do so. I told him please don’t touch my car I called my Adjuster, and had it towed to another mechanic for a second opinion The manager said it was a strange hole in the oil filter and there were metal shavings in the oil and the coolant. I I asked him what would cause that and he said it is use the grinding of metal that create shavings to get in the oil in the coolant. The next thing I know I’m speaking to three adjusters. 2 days ago an investigator came out asking what happened and I explained to same thing I Explain to all the adjusters Then I get a letter from a lawyer stating he wants to perform a EUO. They’re asking for unbelievable amounts of information as well as the date in question regarding the accident is the wrong date. I apologize for making this so long. my question to you is should I file a complaint with the insurance board and another complaint with any other agency or insurance company? Any help would be greatly appreciated

Sincerely,

Clark
(239)595-1007
May 30th, 2015 at 6:24 am #Jason

Clark,
It may be that the information you provided to your insurance company is confusing and makes little sense, and that may be the reason they are questioning your claim.

When your car just stopped, was it smoking first? When did it start smoking? What dash lights were on, what noises was the car making before the car just stopped? You pulled a piece of metal out of the oil filter and then you explained what happened. What happened that you explained?

Your claim, how you present the information, and your post in general creates more questions than it answers. I completely understand why you are being asked to submit to an EUO. I understand less about your claim now than before I first read your post.

No, you should not file a complaint with the board of the insurance company because the insurance company is doing everything exactly as it should when they have questions that need to be answered.

Save your time and don’t send any complaints to anybody. Prepare for the EUO and take the time to meet with an attorney prior to the EUO so you know what to expect.
June 2nd, 2015 at 10:26 am #steve puntar

my insurance company has paid me to replace the roof on my garage. my engineer says its repairable. can I repair it and keep the rest of the money?
June 3rd, 2015 at 3:18 pm #Jason

steve,
You are the property owner and you can do whatever you want to your property.

Since your insurance company paid to replace it, and you will repair it instead, any future damage to the repaired roof will not have any additional coverage in the event it becomes damaged again. The way to restore coverage to the roof is when the roof is replaced.
June 4th, 2015 at 3:33 pm #Tammy

Insurance company salvage company took possession of my camper and now wants to return it and deny my claim help
June 4th, 2015 at 5:59 pm #Jason

Tammy,
If your camper isn’t totaled, then it should be returned to you. Denials don’t just happen out of the blue. Do you have any idea why your claim is denied?
June 7th, 2015 at 2:54 pm #Jakob M.

Hey,

So been dealing with a on going issue with statefarm for about 3 years now(since we have had this car honestly). Basicly We have told them at least every other month to take our payments off auto-withdraw and toss our bank info, and Yet they still take a auto payment out of our bank. We just like calling and paying it because of how we manage money. We only keep enough in checking to cover what bills we had that month, so when we ask them to NOT auto withdraw the payment, they do and we get over-draft fees attached to this as well. So today we called them and asked that they release our payment back to the bank and fee the over -draft fee and they have yet again refused this. I’m sure we got recorded calls from calling there call centers having to tell them this all the time plus the agent we deal with presonally knows as well because we have asked and SIGNED document saying to take our account off uato-withdraw. so basicly i”m asking can i sue them either in small claims or just a large court case, prefer a small claims case so they either pay us off or send a rep that doesn’t know much. I’m not really doing this for the money, more to just make a point that they have messed with the wrong person
June 7th, 2015 at 3:44 pm #Jason

Jakob,
A couple of things. Sure, you can sue state farm, but suing would be the last resort. Your agent needs to get involved to remove you from auto pay. They will not offer to pay you off if you sue. They will fight your suit vigorously with at least one attorney to make sure they don’t lose.

The thing you can do is close your bank account and open a new checking/savings account at the same bank. State farm won’t be able to dip into a closed account any longer. Problem solved.

The other thing you could do is cancel state farm and move your insurance to one of the hundreds of other available insurance companies. This effort would very likely reduce your premiums and while also increasing your customer satisfaction. Look for an independent insurance agent who represents dozens of insurance companies.
June 8th, 2015 at 4:51 pm #Beth Humphrey

I had the top of a tree fall on my mobile home doing damage. The farmer’s insurance adjuster, I had Foremost Ins. told me that there was no damage. I questioned her. She knew I had just lost my husband to a heart attack & sent out her mobile home inspector.

I have pictures of that end of my mobile home. The walls are pushed out & the roof has a big valley in it. The siding is buckled above the windows. The mobile home inspector told me that was from fire! I asked him how it would just be up there. He couldn’t tell me.

The point is…my home is starting to fall apart because I believe it knocked my mobile home around & now it leans. I have leaks, no electric in the bedroom on the end where top of tree hit!

I feel violated & robbed! What is the statute of limitations for me to sue Farmers Insurance over this?

Thank you!
June 8th, 2015 at 6:08 pm #Jason

Beth,
I don’t know the state in which your damage and claim arose but generally a contractual statute of limitations is 3 years, but that depends upon the state in which you live. Just google statute of limitations for your state and you can determine that. Whether or not you have a lengthy statue of limitations, if you are going to sue, you should sue right away.

Before you sue, you should talk to the claim manager and discuss your concerns – maybe ask for a different adjuster to inspect your home again who will thoroughly inspect your home for tree damage, and now water damage. Offer to send him your photos.

Perhaps you want to get a contractor who will do the repairs to assist you with your insurance company and coverage of any damage that should be covered by a falling tree limb(s). Contractors can provide assistance, as needed, when they know an insurance company may pay the claim (and their bill).

Most importantly, farmers is rated as one of the top insurance companies for customer claim dissatisfaction. You need to immediately find a better insurance company and switch.
June 9th, 2015 at 1:15 pm #james

Quick question. Someone hit my vehicle and their insurance sent me a check that’s worth half what the dealership estimates for the repair they refuse to send me the difference unless the repair shop calls and ask for the balance. I have no intention on repairing the vehicle now it is summer I have jobs around and I cant afford my losing my vehicle for a week due to repairs. Im sure they are trying to get over on me. Can they refuse to issue the check
June 9th, 2015 at 6:25 pm #Jason

james,
They can’t refuse to issue an additional check when you get the car fixed.

If you don’t like the present arrangement, send the check back and file a claim using your physical damage coverage through your own insurance company.
June 10th, 2015 at 11:12 pm #Sophim "Eddie" Mansy

Ok, so somone backed up their truck and hit my motorcycle (kick stand side) causing it to tip over on the other side (exhaust side) all while i was at a restaurant eating and i saw the whole thing. I ran out and they admitted fault and we exchanged Id and insurance information. I went through my insurance (National General Insurance) and they sent an adjuster to appraise my bike. He generated an estimate that would cost a total of exactly $5,072.43 minus my $500 deductible totaling $4,572.43. I told him i don’t have $500 to pay the shop if i take this to get it repaired. My adjuster then told me that if i open a claim through AAA (Triple A, Auto Club, the other party’s insurance), then i don’t have pay a deductible because they’ll pay the whole cost of $5,072.43. My adjuster also suggested that if i decline the repairs for whatever reason (for example no transportation to and from work, the bike is still rideable, the damage does not really effect me, etc) Triple A insurance will issue me a check for the amount of the estimate and i can deposit it into my bank account to use for repairs later or for whatever. My question is this: Will they issue me a check with my name only or will they issue me a check with my name and my Lien Holder? I’m still making payments on my bike and have about 4 or 5 more years to go. If they can just cut me a check for the amount of repairs made payable to me only, then i’m cool. Case close. Will that be the case? I hope so cuz i can do many things with $5,000, such as put it in a savings account or take a dream vacation (being sarcastic there haha) Please advise…. Thanks! Any suggestions or answers would be highly appreciative!!!
June 11th, 2015 at 3:26 am #Jason

Eddie,
If the other insurance company isn’t aware you have a lien holder, they might write the check out solely to you.

If you use your insurance, they will certainly include the lien holder on the check.
June 15th, 2015 at 3:17 pm #Cindi

Had an accident in CA hit by hit and run filed UIM claim on my insurance in NM when I got back home they are not wanting to pay on the PI if I have to sue them do I have to sue in CA?
June 17th, 2015 at 7:43 am #Sherry

My husband called a tow truck for his semi truck a filter was clogged and wouldn’t allow the truck to run. The towing company brought it to Freightliner for repair and while bringing it to the back lot took a corner and our truck hit 2 other semi’s parked in the lot. The towing company agreed to pay the repairs (out of pocket, not through their insurance company), are they also responsible for the down time while the truck is being fixed? We are out at least a weeks worth of pay and the owner is putting off any response to us other than he’s waiting to see what his attorney says he should do. How do we go about collecting the down time if he refuses to pay?
June 17th, 2015 at 7:21 pm #Jason

Sherry,
Your question isn’t insurance related. Perhaps your husband has business interruption insurance. Maybe you need to sue him – or at minimum discuss your options with an attorney.
June 18th, 2015 at 7:31 am #Tracy Canalia

My car was in an accident a couple weeks ago, State Farm didn’t have a place for me to go unless I was to go over an hour away. I received my car back from the local body shop and what a nightmare. Paint is wrong color, lots of dings in the paint job, parts not aligned, extra scratches all over car that are exactly the same kind. My seats use to be black now they are a dull grey color…which I belive paint got into my car and they tried cleaning it as I have paint on inside driver door and also onthe inside seat mount center console area. Yesterday I put something in my trunk and noticed the top insert was coming loose and as I inspected it it is not the one I had in my car pior. My trunk looks like brand new car as I take excellent care of my vehicle. this has dog hair all over it which I don’t own a dog and also looks like it’s from someone who used there trunk VERY regularly. They didn’t even have to be in that area for any repairs. The damage is to the driver side up to the back of the front tire. They also did the hood which I think they also took my hood and gave me someone elses. there was no damage even to the hood. THEY TOTALLY RUINED MY CAR!!! State farm won’t help because it’s not one of there companies so I am at a loss of what to do, can you PLEASE help? My car is a 2011 so not very old and still owe alot of money. Thank you.
June 24th, 2015 at 1:32 pm #Bill Malett

Michigans’ no fault law states: “Medical expenses. Reasonable and necessary medical expenses incurred for an insured’s: a. care b.recovery c. rehabilitation.” What is considered, legally, as “Reasonable and Necessary”? Auto insurance has hired a “doctor” to evaluate my wife and he has contradicted everything that my wife’s doctor has said. Lied in his reports, not accurate in them and even wants to put her on meds that she is allergic to. Also wants to put her on lower doses of meds that have “Pain Killing Effects” with no regards of the pain she will endure being his guinea pig. Is this considered “Reasonable and Necessary”?
June 25th, 2015 at 6:49 pm #Jason

Bill,
If you want to know something that is “legally” anything, you will need to talk to an attorney.

I know nothing about your wife and am not qualified to talk about anything related to her medical needs.
June 28th, 2015 at 2:29 pm #Pamela

My grandmother just recently passed. She had a life insurance policy on me. But with her passing what happens to that policy with my name on it???? ,
June 29th, 2015 at 3:03 pm #Jona

Hello ther,

I was recently rear-ended by a Travelers insured driver in Texas. Now, Travelers is taking responsibility to repair my vehicle, and the appraiser told me to take the vehicle to my chosen repair shop or Serviceking Collision Center for the appraise/estimate. The apprise also mention about “tearing down the car for the estimation” in the shop.

My question is, can I ask Travelers to cut me the check after the appraise/estimate done by the shop, most likely at Serviceking Collision. The repair cost will be roughly ~$5000, and I am not sure if I want to keep the car with that much of damage repaired done on it. Anyhow, I would like to have sometime to think about what to do with the car. Also, can the bodyshop insist to repair the car after the estimation? Especially, after they put time and labour to tear down the car? How can I prevent these issues now before it’s too late? Thank you for your input.
June 29th, 2015 at 7:15 pm #Taylor

Someone hit my car and the police found them at fault. They were given a citation. While I was not at fault for the accident, I was charged with DWI (I am under 21). I only have liability on my car and the other person’s adjuster keeps saying that they are still investigating. Can they deny paying even though their driver is at fault because I was charged with DWI?
June 29th, 2015 at 7:18 pm #Jason

Taylor,
They can deny your claim for any justified reason they find. Is denying your claim for being drunk a legit reason? No.
July 8th, 2015 at 5:19 pm #Tyler

Bad situation.

I am new to car sales and lienholder requirements or any laws regarding that aspect. I sold a car that was an “in house” financed vehicle. The insured sent a copy of the purchase order to his insurance company so they could verify the cars info, mileage, trim, ect as well as the sellers info (us). The car was reported as a total loss one month later, but his insurance company says his policy is liability only. They say they were never told to add a lien and that is why no additional coverage was added. I told the company that the purchase order shows there is a balance owed on the car which means there is a lienholder, to which they replied, “its none of our business, we only add full coverage if we are told to do so. We ask our client if they need full coverage or if there is a lienholder, if they say no, then thats it” SO, they have no report of a lienholder on file or proper coverage on the vehicle. My issue is I spoke with the company on the date of sale, and provided the agent the vehicle vin so we could get the proof of insurance, allowing the buyer to leave. I told the company it needed full coverage because its not paid in full. Is there any laws that require insurance companies to verify if a vehicle has a lien on it? Or if they are faxed a purchase order with an outstanding balance owed, is it not the insurance companies responsibility to verify the info rather than taking the customers word?
July 8th, 2015 at 6:09 pm #Jason

Tyler,
With the car sale/purchase, you have a buyer and a seller. Both are willing to voluntarily enter into an agreement to buy/sell a car.

The next voluntary agreement is between another buyer and seller. That includes the insured (car owner) and the insurance company. There are two parties involved in this transaction. The car seller is not part of this voluntary agreement to buy/sell insurance because the insurance transaction only involves 2 parties.

A lien holder may require the buyer to carry full coverage insurance but that agreement is only between the seller and the buyer. The insurance company is not part of your requirement and owes you no commitment.

If the buyer wanted only liability coverage from the insurance company, that is what the insurance company willingly provided. The insurance company cannot force anyone to buy more insurance than they want.

On the same hand, the insurance company doesn’t have an obligation to do anything you request between the buyer’s and the insurance company’s business because you are not a party to their agreement. So if you told the insurance company the car needed full coverage, they don’t care what you say – only what their customer says. Their customer pays the premium, not you.

There is absolutely no law that requires any company to verify there is a lien on a vehicle.

The insurance company doesn’t need to verify anything. I don’t care if you faxed, mailed, or hand delivered a purchase order. The purchase order only pertains to the voluntary agreement between you and the buyer – the insurance company is not part of that transaction.
July 9th, 2015 at 12:54 pm #charles

I got hit in April. then they called me to get the report for them .still never heard anything,then i got ahold of them told them i wanted to buy my car back so i did the title thing now almost a month jater still no check
July 9th, 2015 at 4:32 pm #Betsy

My husband owned a business, Company A, and the building that the business occupied, Building B. My husband closed down the business. He continued to own the building which became unoccupied when the business closed down. The building was insured under the name of the company. Unfortunately, we neglected to change the policy to my husband’s name when the company was dissolved.
Due to high winds, part of the roof came off. We subsequently filed insurance claims for the roof and another claim for the interior damage. The insurance company said that since the insurance policy was in the name of Company A, they could only write the insurance payment check out to Company A. Since my husband closed the company’s bank account sometime between the closing of the building and the filing of insurance claims, it has become a major problem in terms of depositing the insurance payment checks. We provided the insurance company a lot a paperwork to show that my husband was the sole owner of the business as well as the building, but they refused to issue the check in my husband’s name. As a courtesy, the bank that my husband previously used for the company’s account did cash the first insurance check, but said they would be unable to do so with any forthcoming check if it was over $10,000. The second insurance check, made out to Company A, is for more than $10,000.

Should the insurance company be able to write the check in my husband’s name? If not, what can we do so that we can deposit the insurance check?

(Our insurance agent is from Company X. He contacted Company Y to obtain the insurance. Company Y obtained the insurance through Company Z. Re our problem- we spoke with our agent from Company A and an adjuster from the company who wrote the policy, Company Z.)

Thank you for your help!
July 11th, 2015 at 9:17 am #Jason

Betsy,
Your husband’s business is the named insured. That is who the insurance company will write the check to. Everything is working the way it should.

Now, your current concern is a banking issue, not and insurance issue. Simply present the check to the same bank that that already cashed the first one. Their irrational and arbitrary refusal to cash another similar check because the dollar amount makes no sense.
July 11th, 2015 at 9:19 am #Jason

Charles,
Contact the insurance company to get your claim finalized.
July 11th, 2015 at 7:55 pm #Brett

I recently had a high value diamond stolen from me amount other items.. Luckily I had my diamond scheduled separately on my policy. I only had my policy open for about 2 weeks before I was robbed. Long story short, my claim was closed out and they told me they would be mailing out a check for the full appraisal amount of my diamond. The diamond was found in between them mailing the check and me receiving it and my insurance company did a stop payment on the check and re-opened my claim. I’ve told them at this point I’ve already engaged in purchasing a new ring (no payment made yet) and I would prefer to get the check instead. My diamond is being held by GIA as another jeweler sent it in to get it appraised in which it was flagged as stolen. I have their check in hand and it says this is the final decision on your claim. Can they legally reopen my claim? I assume once the claim is closed and payment mailed that whether the diamond shows up 1 day after or 10 years after they keep the diamond and I keep the claim check? They’re still investigating the newly opened claim and said they don’t know if they can reissue the check as this is a unique situation that they’ve never ran across. Should I involve an insurance lawyer or wait to see the final outcome?
July 11th, 2015 at 8:14 pm #Jason

Brett,
Your diamond has been recovered and you no longer have a loss. The check should be stopped and your claim should be closed after your diamond is sent to you.

A claim can be opened and closed dozens of times. Closing of a claim file means nothing.

It’s your choice to get an attorney. I don’t think you need an attorney’s help to have the diamond sent back to you.
July 12th, 2015 at 6:45 am #Sophia

Hi Sir,

My question is:
My home, I’m the landlord, was not notified of a water leak, which caused damages to my home, revtere insurance is in place and dwelling insurance also, who pays? Both are covered by Statefarm. The renters want their last months rent back, my deductible is 2000$ and damages are 10g+, what do I do as the Alaska 14 day Clause to return is fast approaching.
July 12th, 2015 at 7:07 am #Jason

Sophia,
Renters insurance doesn’t cover your rental home, it only provides coverage for the renters personal property and their liability. I don’t know if your insurance will provide coverage for this since it’s difficult to make a coverage decision when not provided with any detail of the loss.

As for the renter’s liability, they had no hand in the water leak. Water leaks happen all the time and they would not be liable for a water leak that developed.

Do they have an obligation to tell you right away about something wrong in the rental home? Not really.

Why don’t you figure out what subtractions, if any are needed, to their last month’s rent and security deposit and make the appropriate adjustments? It seems clear that there would be no adjustments for the water leak since that was not brought upon by your tenants. In fact, your deductible, and the amount of damages to your property have nothing to do with the tenants. They are now displaced because of the water leak at your property.
July 14th, 2015 at 9:14 pm #Zeanna

How is it that the insurance company of the person who hit me (and admitted it) has the right to “total” my car and not offer me what I feel is the true value of the vehicle. I had, nor have any “relationship” with this company. I asked for more than their initial offer and they came up approximately $600. The total amount between what I am asking for the vehicle and what they are offering now differs about $230 and they are fighting me on that ? What gives them the right to do that?
July 15th, 2015 at 7:34 pm #Jason

Zeanna,
Your feelings have nothing to do with the value of your car. Your vehicle’s value is based on what similar cars are valued at by buyers ij your local area.

Any insurance company can make the decision to pay for the repair of a car or pay the fair market value of the car. It’s a business decision.

Your relationship with the company to which you refer is that you are the claimant and they are the insurance company.

The right to differ in their valuation of your car than you have? It’s called settling (negotiating) your claim.

If you don’t like what is going on between the other person’s insurance company and you, sinply file a claim with your own insurance company under your collision coverage.
July 20th, 2015 at 8:55 am #Carrie Young

I was hit by an insured motorist, but I didn’t have any insurance on my vehicle. Their insurance is telling me I can’t file a claim because I didn’t have any insurance and that’s the law in Michigan. Is that true even though they hit me?
July 20th, 2015 at 12:04 pm #Katherin

Hello,

Thank you so much in advance for your advice. A couple weeks ago I picked my car up from a parked location, drove it to my condo and parked it across the street. I was gone for about 45 minutes, and when I came out, I saw that someone had hit my car while parked (damage on driver’s side, someone swiped in the middle of the back door, across one small part of the rim and continued to the side of the bumper). My fiancé and I submitted a claim for it. The insurance company escalated it to their special investigations unit, saying that the appraiser and independent investigator have concerns that the damage is not consistent with that of a parked car. The woman from special investigations took my recorded statement and is saying that if the insurance company decides to deny our claim, my name will be sent to the Insurance Fraud Bureau of Massachusetts.

We don’t know what to do. We took the car to an auto body shop where the owner (who also works as an appraiser) looked at the damage and said there’s no way to conclude that the damage couldn’t have happened while parked. He says the insurance company is being subjective and is bullying us by saying that I could be prosecuted for fraud. I swear that we are not lying, and we just don’t know what to do. Please help!

Thank you,
Katherin
July 20th, 2015 at 7:22 pm #Jason

Carrie,
Michigan is a no-fault insurance state. That means each person insures themselves and their property and unless certain criteria are met, if you are in an accident, you repair of your own vehicle, unless you have physical damage insurance coverage.
July 20th, 2015 at 7:26 pm #Jason

Katherin,
Simply follow through with your claim and provide the information as you know it. Don’t be so concerned about what they are going to do and not do. It’s not worth being upset about it.
July 22nd, 2015 at 10:19 pm #Lil Muneca

Hello, I came across this website while I was trying to find information that might help me better understand how vehicle insurance can make certain decisions that I feel I have the right to disputes. I continued to read and found your responses to be rather interesting. So, I thought I give it a try to see if you have some good advice for me too. My vehicle was hit by a young lady while park in front of my home. Police report and insurance both agreed that the my vehicle is a total loss. The young lady and my vehicle were both covered by ALLSTATE INSURANCE AGENCY. The insurance is claiming that my vehicle damages exceed the lady’s maximum payout. So, i can’t get a rental, they claim they can’t pay the tow, and they can’t pay the storage at the mechanics (where the vehicle is due to the fact that we still haven’t finish this claim, collecting more fees) and now they want to pay me less than what my vehicle cost because it to surpasses the maximium, not to mention that they wanted us to sell the vehicle and give them the paper work so they can deducted from the payout. This just doesn’t sound right. Finally, se haven’t sign papers, but agreement is we pay the garage they sell the car we get two separate checks. Still feels like I am being taken under. Any advice before I sign will be helpfull. Than You
July 23rd, 2015 at 7:53 am #aida

good morning,
i work for a car dealership. We have a customer who is involved in a total loss case. Ive had fair communication with the insurance BUT the customer wont sign the Power of Attorney. therefore the insurance can’t release the pay off to us, the lienholder. she wont pick the calls and she still has the vehicle so I can’t send the insurance the affidavit of repossession. please help!
July 23rd, 2015 at 7:09 pm #Jason

Lil,
I will assume you don’t have collision coverage for your vehicle through allstate. When you don’t have physical damage insurance protecting your vehicle, you are at the mercy of others around you.

You happened to have been hit by a person with limited liability coverage for their obligation of property damage to your vehicle. Let’s say they have $5000 total liability coverage and your car is worth $7000. If the driver totals your vehicle, like in this case, the most you can receive is $5000 through insurance. That is inclusive of your additional costs such as rental expenses, towing, etc.

If your damage is in excess of the other person’s liability limit, you don’t have to accept the settlement check. Instead you can sue the driver for their total liability to you, but if you sue, you cannot accept the insurance settlement (until a time after you secure a judgment). Those seem to be the only two options you have.

Oh, and since we are on the topic of your insurance company. You many want to find a better insurance company because allstate is rated very high in customer dissatisfaction. Stay away from farmers for the same reason.
July 23rd, 2015 at 7:11 pm #Jason

aida,
Please help you with what? It appears you have a customer problem, not an insurance problem.
July 24th, 2015 at 6:00 am #Alan Carpanini

On Memorial Day My car while parked in My driveway was hit by another car who drove through My fence and my neighbors fence. He fled the scene but was apprehended. I filed a claim through His insurance and found out he has the state minimum property damage coverage of $10,000. I live in NY so does the other driver so is governed by NY law. After the fences were appraised and car repairs done and rent a cars paid my proportionate share of the $10,000 coverage came to an approved payout of $8,340.88 which I don’t dispute. My total damages were $9,397.09 which leaves Me out of pocket $1,056.21. Progressive sent Me a final worksheet and payout numbers and what I was approved for along with a “release of liability form” for BOTH Progressive and the driver. I refuse to sign it stating I am legally entitled to sue him for the difference which I know for a fact is factual. They are holding my payment as ransom saying I HAVE to sign it or they wont pay. First question is how can this be legal? Second question being how long can they hold back paying My approved claim? They have zero right to do this. they have a fiduciary responsibility to pay victims of their insured clients claim.
July 25th, 2015 at 8:28 am #Jason

Alan,
Clearly you can’t be insinuating you have over a $1000 deductible on your collision coverage through your own insurance company. There is no reason you should be filing a claim with the at-fault party’s insurance company. If you use your insurance, you would not be out 1 cent in the end. The other insurance company would even reimburse your deductible.

About your issues. It is perfectly legit. that the other insurance does not pay you until you sign their release. The only way they can be forced to pay their prorated payout to you is is you first have a judgment against the other driver – and not one second sooner.

You are entitled to sue the other driver but if you accept the proceeds from his insurance company, you are legally barred from suing him for the difference. Again, I have no idea why you did not file a claim with your insurance company under your collision coverage.
July 27th, 2015 at 1:19 pm #Dana

I have State Farm Insurance and I filed a claim for hail damage. I have a lien holder and the check was made out to myself (the car is in my name), my dad (because Im on his insurance) and the lien holder, which is Capital One Auto. I called Capital One and was told that I had to send the check to them and they would pay the body shop. I was also told that anything that was left over would be applied toward my principle. Capital One DOES NOT pay my insurance premium so WHY do they get any of the insurance money that is left over from my claim?
July 27th, 2015 at 5:14 pm #Jason

Dana,
I don’t know the arrangement/contract you have with Cap One Auto. Perhaps you should direct your question to them.
August 3rd, 2015 at 11:51 am #Tiera

My husband and I recently decided to buy a new home. We were shopping for homeowners insurance when we found out through one of the insurance agencies that a fire claim was filed under my husbands name. He filed bankruptcy on a home in 2012 and everything was finalized. He never filed a fire claim and there was never a fire to the home when he owned it. The bank filed a fire insurance claim after the bankruptcy was final in his name… Is this legal?
August 3rd, 2015 at 6:08 pm #Jason

Tiera,
Certainly it’s legal. I can’t determine if a claim was filed as fire or something else.

I don’t intermix bankruptcy information with insurance so I will not comment on the bankruptcy.

A mortgage holder is technically an insured under his policy. There must have been damage for which they submitted a claim.
August 10th, 2015 at 8:20 pm #Kim

I was in an accident in Nov 2013 in NM. Geico happened to be everyone involved’s insurance comp. Over 18 month later, Geico finally offers me a $7,024 dollar settlement. the Adjuster, Donovan sent me via email, the release form that I had to sign and get notarized before sending it back. It very clearly states s follows. Exact Release in full of all claims form.
I we My name , single adult, Releasor s, of My address, City, AZ, being over the age of majority, for and n consideration of A check for the sum of seven thousand twenty four dollars and zero cents 7,024.00 , lawful money of the United States of America to ME us FYI, there is no us Im single in hand paid, the receipt of which is hereby acknowledged, do for MYSELF ourselves, my heirs,executors, administrators, successors and assigns, hereby remise, release, and forever discharge (Driver who caused accidents name here and Government Employees Insurance company. Realeasee s successors assigns, and or his,her or their associates, heirs, executors and administrators, and all other persons, firms or corporations of and from any and every claim, demand, right to cause or action, of whatever kind or nature, on account of or in any way growing out of any and all personal injuries and consequences thereof, including, but not limited to, all causes of action preserved by the wrongful death statute applicable, any loss of services and consortium, any injuries which may exist but which at this time are unknown and unanticipated and which may develop at some time in the future, all unforeseen developments arising from known injuries, and any and all property damage resulting or to result from an accident that occurred on or about the 29th day of , November,2013, at or near Teviz & Hwy 70 in Las Cruces, New Mexico and especially all liability arising out of said accident, including, but not limited to , all liability for contribution and/or indemnity. AS FURTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEMENT AND PAYMENT, IT IS EXPRESSLY WARRANTED AND AGREED 1 That I we understand fully that this is a final settlement and disposition of the disputes as to the legal liability for said accident, casualty, or event as to the nature and extent of the injury, illness, disease and or damage which we have sustained and I we understand that liability is denied by Individual at faults name here and Government Employees Insurance company. releasee s, and it is covenanted and agreed between the Releasor s and Releasee herein that this release and settlement agreement is not be construed as consent or an admission of liability n the part of said Releasee s that its release and settlement agreement shall not be used by said releasor s or anyone on his behalf I am female as a defense or estoppel in any action which is now pending or may be brought hereafter by or hereafter have arising from said accident is expressly reserved to them.2 That the undersigned ,me will indemnify and save harmless the Releasee s from any and every claim or demand, of every kind or character which may ever be asserted by reason of said injuries, illness, or disease or the effects or consequences thereof, or damage to property or person. 3 That no promise, agreement, statement or representation not herein expressed has been made to or relied upon by me us and this release contains the ENTIRE AGREEMENT between the parties.
Now the rest of this is just the Notary and my signatures. This was written by GEICO – NOT me. this IS what the agreement was EXACTLY – However, Geico sent me a check for 2024.00 and is saying that is what the agreement was that the rest went to the Doc and hospital- Really. Where does it state that in this agreement. That is also NOT what was promised on the recorded phone calls. I live in AZ accident was in NM. Can someone please tell me what I can do. This is a legal and very binding contract and yet I was sent a check for almost 5k less than promised. Who can force Geico to pay what was promised. I am out a lot more than even the settlement agreement- however after almost 19 months & losing a lot credit cards maxed- lost motorcycle etc. The adjuster just wants to play ring around the rosey & feels that I got what was promised. NOT. I only want what I was promised & what was EXACTLY agreed to. Please help
August 10th, 2015 at 8:26 pm #Kim

I have not and will not cash their measly insult untill this is right.
August 10th, 2015 at 8:30 pm #Kim

I have not and will not cash their insult. this needs to be made right. SHAME on you Geico. PS, They raised my premium over one hundred and thirty dollars after I questioned their dishonesty. I had been with Geico over 13 years . I have never had an accident that was my fault nor have I never had a ticket. I have left Geico as of 3 days ago. BEWARE of Geico.
August 11th, 2015 at 2:35 am #Jason

Kim,
This is not legal advice and should not be taken as such. The release clearly says a certain amount and you weren’t paid that amount. The release seems to be your best evidence in front of a judge or jury that geico did not hold up their end of the release. You may have to sue them to get them to honor the release.

Since they have not been bound by the terms of the release, it appears you may also sue their driver as well. Since the matters are related, you might be able to sue geico and their driver in the same suit. If any questions, you should talk to an attorney.
August 11th, 2015 at 1:36 pm #sophia

my ex boyfriend recently totaled his car. I was the primary and he was the secondary loan account holder, however, he didn’t have me on his insurance policy (we are no longer together, I did not drive his car), will the lienholder automatically get the check or will he get it and have to pay the bank? will it have my name on it at all, even though my name wasn’t on the ins policy? I want to make sure that the loan is paid for, i’m concerned he will get the check and spend it, is there anything I can do?
August 11th, 2015 at 2:19 pm #Keith

Thanks for reading this! I was rear ended and the other driver was at fault. My driver seat was broke underneath due to the impact on top of all of the other damages . My local shop said it would cost over $700 to fix/replace my seat but the 3rd party insurance adjuster did not add any of the seat cost and said the repair shop you take it to will send in for an adjustment. I live in Oregon but dont believe this is ok for them to do? I want to fix and replace my own seat. What should i do? I also own my truck and have no leins on it.

Thanks.
August 11th, 2015 at 4:32 pm #Kim

Thank you Jason for taking the time to read my post. I appreciate it . I know this isnt a legal forum nor was I asking for legal advise. I did however ask if anyone knew who I would need to talk with about enforcing the agreement. I have been all over the web looking . I thought the state insurance commissioner in NM would be of help but so far no luck. Again, thank you.
August 12th, 2015 at 3:55 pm #Taylor

My brother has rear ended someone in stopped traffic on the interstate. The guy gassed it and then slammed on his breaks. They got out and the guy told my brother he didn’t want to get him in trouble, so he just got my brothers license, plate, and insurance and later called. Well, come to find out, the guy didn’t have insurance, and kept calling and making threats to take us to small claims after we called out insurance and they said he’d have a hard time getting anything from them because he didn’t have a license. He does have insurance. So my question is, who will be found at fault?
August 12th, 2015 at 9:33 pm #Jason

Taylor,
License, insurance, and color of a person’s hair has nothing to do with fault. What determines fault is the actions of a driver. The person who rear-ended the other driver is entirely at fault.

So your brother rear-ended someone in stopped traffic or he rear-ended someone while the other driver was slowing? I believe from how you worded it, you don’t know for sure but I will assume your brother hit someone who was stopped. The gassing and slamming on breaks is not something I can rely upon.
August 16th, 2015 at 7:20 am #Justin

Hello
August 7th another driver ran a red light and crashed into my truck. Being friday we heard nothing till monday. We deopped the truck off to a dealer as my insurance asked and they estimated just under 6k in repairs. My insurance then stated in my claim app that they were issuing the payment to the dealer to have my truck repaired. That was on august 11th. Now on august 12th another gentleman from the insutance company stepped in and stopped that telling me my truck is a total loss theyre only going to give me 3500 for it. Is there anyway they still have to pay for this since i have records in writing of all of this including them issuing a check? I owe 6500 on the truck so i really cant settle out for them totaling my truck.
August 16th, 2015 at 7:26 am #Jason

Justin,
It appears the insurance company was initially going to repair your vehicle but instead took the time to see it’s value. Once they determined what it’s worth, they decided the best thing they can do it pay you the full value of the truck just before it was damaged.

If you want to see your vehicle’s worth, you can check that at nada (dot) com

As far as what you owe on a vehicle, that has no bearing on the repair or total decision of your truck.

There is nothing you can do at this point. They changed their mind and they can do that.
August 21st, 2015 at 1:15 pm #Mac

Hello,
I had roof damage to my home and my insurance company issued a check to myself and my mortgage company. I never had the repairs done and sold the house as is. Can I now have my insurance company reissue a direct check to just me?
Thanks
August 22nd, 2015 at 8:40 am #Jason

Mac,
Probably not. You had a mortgage on the property when the damage happened and when the claim was paid. Your issue right now isn’t with the insurance company.

You should focus on the mortgage holder. If you owe no money on the property, you should be able to send them the check, ask them to endorse it, and then deposit the check into your bank.
August 25th, 2015 at 9:27 am #K. Noble

Hello,
My insurance is threatening to drop me if I don’t side my barn. They claim there is “siding damage” and have given me only one week to repair it. My barn is 200 years old, does not have any siding and is in the exact same condition it was at the time the policy was issued about a year ago. My insurance company specifically said they were only covering the house (and not the barn) and they did do an inspection prior to insuring.
How do I fight this?
August 25th, 2015 at 6:19 pm #Jason

K. Noble,
I don’t know if you fight it. An insurance contract is an agreement between 2 willing parties. Both have to agree about the terms of the agreement.

The insurance company apparently has an issue with the barn. Technically they do insure the barn because your policy has insurance for other owned buildings on the property other than the dwelling for 20-30% of the coverage you have on your home. This coverage is for the barn unless you sign away coverage or exclude any coverage for the barn. This is true, even if they said they were only covering the house. The policy dictates coverage, not their verbal assertions.

You may have to talk to your agent and find out what accommodations you can do, or terms you guys can agree to, so you continue your insurance coverage.
August 26th, 2015 at 1:53 pm #Lisa

My niece was in a hit and run, 2 das after she purchased the car. Her insurance company gave her a quote and she took it to be repaired. The auto body shop told her that they looked at her and it is totaled. Her insurance disagrees and said there’s around 4000 worth damage , initially they were going to pay her the fair market value, but now they aren’t paying anything and they canceled her insurance. She doesn’t know if the auto body shop and insurance are going to come to an agreement or if her insurance is avoiding the whole thing. Should she sue the insurance company for not wanting to pay for the claim?
August 26th, 2015 at 8:28 pm #Jason

Lisa,
No, not at all. First find out what is going on. There is a huge swing from totaling her car to not paying a dime for the damage. You first need to figure out if she indeed has legitimate insurance. If she did, what reason would they have for not covering her claim? You need to do some research before asking for any advice.
August 29th, 2015 at 12:55 pm #gerald rorabaugh

We had a housefire, My insurance Company is State Farm. All my wifes jewelry was covered in soot. We took it to several jewelers to get it cleaned, None wanted to do it because it was to dirty. We did get an estimate from a jeweler who has been in business for 40yrs. He estimated cost of fifteen dollars per piece of jewelry. Can we do the cleaning ourselves and use this estimate. For cleaning of wifes jewelry. It will take an enormous amount of time to complete
August 29th, 2015 at 3:09 pm #Jason

gr,
See response under Home Insurance Claims Advice and Help.
September 1st, 2015 at 4:12 pm #Meghan Shaw

I was involved in an accident with a Geico insured. They accepted liability and deemed my vehicle a total loss. I want to repair the car because it still drives and can still be repaired. Geico stated that the check won’t be issued until they receive the title which has to be signed over by me and not the leinholder. And payment won’t be issued unless that happens because they aren’t liable to pay the leinholder, just me.
My leinholder wants to get the check and leave me stuck out. I want the check so I can repair the car and not be stuck without a vehicle.

Is it true that Geico isn’t obligated to pay the leinholder on a 3rd party claim?

What would I need to get payment to repair my vehicle?

I’m in TX. Please advise.
September 1st, 2015 at 5:06 pm #Jason

Meghan,
If you don’t like the way the other person’s insurance is operating, turn your claim in under your own collision insurance coverage.

Short of that, yes, the other insurance company is required to pay of the lien holder so the insurance company can then sell your vehicle at a salvage auction.

You may be able to buy the car back from the other insurance company before they acquire your signed title, but you would need the cooperation of your lien holder to make that work. Talk to your lien holder and find out what your options are. I have an idea your lien holder doesn’t want to do anything other than having the car totaled.
September 2nd, 2015 at 4:00 pm #Loren

Hi Jason, so I was in a car accident. The other guy who hit me was on fault. He’s insurance company claimed they mailed me out my check. After the 7th business day I called back. I then was informed that my check has been cashed/ deposited already. I had the insurance company and me a copy of this check they do called sent to me. On the back of my check out was forged with my signature deposited into someone else’s bank account. When I received that information from the bank I emailed the insurance company to let them know if the situation. They told me there was nothing they could do because they already sent out the check and it was cashed or cleared already. What can I do??
September 2nd, 2015 at 10:37 pm #Jason

Loren,
Sounds like a banking concern. Your issue is no longer with the insurance company. Find out where the money went concerning the check. That is what you need to be focused upon. The insurance company fulfilled their obligation. It fell short when someone they trusted, misplaced or misused the check. They already paid for your loss.
September 4th, 2015 at 8:03 am #Brianne

Hi jason,

About 45 days ago I had a state farm claimant rear end my AAA business battery service truck. State Farm took responsibility for the incident but kept messing around and wouldn’t return my phone calls. I explained to State Farm that this truck being down was severely effecting my business and they flat out didn’t care. They offered me a rental car and I explained to them that a rental car doesn’t have all the AAA equipment that is needed to service my customers. Once again State Farm didn’t care. I told them that I was going to seek reimbursement for loss time of use and they stated that was fine. Well here we are almost two months later and I’m just now getting my truck back. They made me submit last years tax records and my current profit and loss now they wont return my calls. I was thinking I could sue State Farm and their claimant and at that point they would respond and just pay it? Do you have any suggestions? I would open a claim with my own insurance so they could handle it but I have State Farm so I’m sure they won’t protect me at all.
September 5th, 2015 at 7:10 am #Jason

Brianne,
File a claim with your own state farm insurance policy. You will get a different adjuster who will pay you for your loss based upon your policy coverages. That new s.f. adjuster will then ask the first s.f. adjuster to repay your claim file from the at fault person’s clatim file. Don’t limit yourself because you think it’s not going to be any different.

Also, suing makes no sense. It’s time consuming, costly, and I have no idea what you’d be suing for. Just try to get what is due to you voluntarily and that would be the best course of action to take.
September 9th, 2015 at 11:38 am #Samantha

Hey Jason,
Let’s say an insurance company marks an accident as a total when in fact the body shop told us they were not totalling it because it was to new and say it happened one more time but all that happened was a little scratch that wasn’t even taken to a body shop for. Both accidents have now been marked as totalled. We have talked to the insurance company numerous times about it and they said they would fix it but yet they haven’t. I want to know if there is someone I could talk to about or how to go about it. Any advice would be appreciated.
September 9th, 2015 at 5:41 pm #Jason

Samantha,
The information you’ve given is way too vague. I have no idea what you are talking about.

Please note that a body shop has no say in whether a car is totaled or not. Totaling a car is entirely up to the insurance company.

Also, a vehicle can only be totaled once so I don’t understand how both accidents (same cars damaged) can be totaled.

And specifically, what do you want to know about “going about it”?
September 10th, 2015 at 2:41 pm #Kiara

Hi I need HELLLPPPP. !!!!!

My car was being leased and it was parked when a Walmart 18 wheeler hit and totaled it totally not my fault I contacted their insurance company and gave them the details. They advised me that even though the vehicle is registered in my name that only the lien holder would receive a settlement. What do I do?
September 10th, 2015 at 8:03 pm #Jason

Kiara,
File a claim with your insurance company and forget about the at fault person’s insurance. That way you can ask your insurance company what your options are. They will even collect and return your deductible to you. Don’t take advice from another person’s insurance company. They are not your insurance company and I have no idea if their information they are telling you is accurate.
September 11th, 2015 at 4:00 am #Frustrated

Hi, my husband had collided with an object some months ago back in May 2015 and the insurance company issued a check to him and the leinholder I belelive? However he picked up the check from the insurance company and deposited it into his account, and it’s like once he deposited it into his account we have our bills set up and we were a little behind so the bills were coming out of the account and now the money has been spend unfortunately. He also was still paying on the car. So recently they have came and repo the car, and now he was trying to call and get the car back and they told him it was damaged and that he couldn’t have it back and that he received a check and that’s fraud. He is afraid and scared because he did deposit the check but we were behind on bills, and he wants to still work it out and make the payments. He also called in July to make a partial payment on the car for June. But he thought when he made the payment everything was fine, but the lady was saying that he was supposed to call back and make the other payment. And now she says he can’t get the car back, because it’s damaged. What advise can you provide to me. Also I am the insurance policy holder (main) but the insurance company wrote the check out in my husband’s name directly and mine was nowhere listed. Please provide some advice on what we need or can do. It’s bothering me really bad about the fraud thing, because it was never intended to be spent. 🙁
September 11th, 2015 at 8:45 pm #Jason

Frustrated,
Your car has been repossessed. You have the option of paying for the fees, expenses, and penalties associated with a repossession or you risk losing your car to the lien holder.

You can either pay the fees/expenses to the repossession company or you can let go of your car.
September 12th, 2015 at 8:32 am #Frustrated

Hi Jason, thanks for clarifying for me and your prompt response and what about them trying to sue my husband for fraud since the monies were basically spent? they have the car yes it’s been repo’d my husband wanted it back but yeah they told him no he can’t get it back because it’s still damaged and they would have to contact the insurance company from this point
September 12th, 2015 at 9:21 am #Jason

Frustrated,
A civil fraud suit is difficult to prove and likely will not come to reality. The biggest concern is a fraud charge from the county or district attorney. Those too are rare.

How I view your husband’s interaction is that he received the check, deposited it because that is how he pays for things. Money was tight and his intentions of fixing the car got put on the back burner. Technically, it may be fraud but it happens to many people and it’s very rarely pursued.
September 17th, 2015 at 6:53 am #Frustrated

Hi Jason, exactly!! And thank you so much for your valued advice, I told him to go ahead and at least call the finance company and just work out a payment arrangement so it wouldn’t come to that.

But then my friend last night that’s a deputy sherriff she stated that the Leinholder (Bank) can actually come after/sue the insurance company, and that the insurance company doesn’t want to go to court so they’ll pay them out AGAIN? (Didn’t make sense to me that they would do that because basically their jobis done there was a cliam filed they paid it out and assuming thats the end from their involvement in it) and then she said that the insurance company will then go after my husband to recover the fees and possible fraud charge she says the state could pick that up and prosecute and that.. Also since I am the policy holder, they may drop me or raise my premium because of it? Why would they do that to ME and my name was nowhere mentioned on the check it was made out to my husband and the Leinholder I guess? Since they have the car back I thought basically they would just now bill my husband for what is owed for the loan repayments back until the loan has been paid in Full? What are your thoughts on this?
September 17th, 2015 at 6:58 am #Frustrated

Hi Jason, exactly!! And thank you so much for your valued advice, I told him to go ahead and at least call the finance company and just work out a payment arrangement so it wouldn’t come to that or go THAT far as far as
Court fees, time spent, Jail.. etc.. Just nip it in the bud and take care of it before it goes to that extreme.

But then my friend last night that’s a deputy sherriff she stated that the Leinholder (Bank) can actually come after/sue the insurance company, and that the insurance company doesn’t want to go to court so they’ll pay them out AGAIN? (Didn’t make sense to me that they would do that because basically their jobis done there was a cliam filed they paid it out and assuming thats the end from their involvement in it) and then she said that the insurance company will then go after my husband to recover the fees and possible fraud charge she says the state could pick that up and prosecute and that.. Also since I am the policy holder, they may drop me or raise my premium because of it? Why would they do that to ME and my name was nowhere mentioned on the check it was made out to my husband and the Leinholder I guess? Since they have the car back I thought basically they would just now bill my husband for what is owed for the loan repayments back until the loan has been paid in Full? Also he received a certified letter from the Leinholder that he is scared to go and pick up the letter from the post office. What do you think that letter could perhaps state? What are your thoughts on this?
September 18th, 2015 at 5:20 pm #Nick Cunningham

My car was involved in a hit and run recently. I had it parked outside my university’s campus on side street, only to return after class to find out someone had smashed the front fender. I contacted my insurance company USAA who I have been a loyal member since joining and serving in the military 6 years ago. They have told me that I don’t have collision insurance on my vehicle, but when I established the policy in 2011 I set it up for full coverage. They told me the only change is when I had the car put into storage for the duration of a deployment to Afghanistan. I remember this phone call and at no time did I give them permission to modify my policy, only that the car was being stored. Upon my return stateside I took the car out of storage and notified USAA that I’m back and driving my car. I was under the impression everything would return to normal and no changes had been made to my policy, as I didn’t consent to any changes. Now, 2015 and my car has been involved in a hit and run, when I need USAA to help me out, they tell me its my fault for not reviewing my policy. Why would I review my policy if I never changed my policy?? The damage doesn’t even exceed 2,000 dollars but my trust is gone in my insurance company. How can I fight this??
September 22nd, 2015 at 10:30 am #Ryan

Recently some rear ended me pretty good we had to get a new bumper I think we already signed the paper at the body shop to get the parts but this when we assumed we would be getting a check also the other persons insurance paid for a rental car for us to use but put no limit on it the bumper was only supposed to take 2 weeks to get and a few hours to put on but it’s been more than month and we still had the rental car well the insurance company called and said they stopped paying for the rental car 2 weeks ago and refused to pay anymore how can they just stop paying and not inform us or the car rental place? Then I asked about where my check is and he replied they are paying the body shop directly I said no I don’t want that that I want a check directly to me he said if I wanted that we would have to pay for the parts and labor already used on the bumper. I assumed they could just send me a check for the estimated value and I would pay them no problem why would I have to pay for the bumper out my own pocket first just to have the check sent to me instead of them? Let me know what I can do here please
September 23rd, 2015 at 7:00 pm #Jason

Ryan,
You have insurance. Why are you using another insurance company for your damage? That is probably why things are not working out. File a claim with your insurance company and work with a company you selected instead of using a company selected by someone else.

They apparently informed you, but about 2 weeks after they made their adjustment to stop the rental coverage. Rental coverage for 2 weeks for bumper damage is a bit excessive. I suggest a rental allowance for the time it is in the shop only, not since the day of the accident and for an undetermined amount of days.

Who cares how the damage is paid – just as long as it’s paid? The check doesn’t need to go to you if the body shop gets paid directly. That seems to be the least of your issues.
September 25th, 2015 at 2:54 pm #Denise

Ok, my car was hit 3 or 4 weeks ago by a Uhaul truck.. It was estimated at $3000 in damage… In between them settling on an amount to fix my car and recieving the actual check, my car was totalled… What can i do with this check if anything?
September 25th, 2015 at 8:57 pm #Jason

Denise,
Perhaps you should call the insurance company and find out your options. Based on the information you provided, I don’t have enough information.
September 28th, 2015 at 6:21 pm #Ricky

Yes recently I was just in a car accident. The other driver side swiped me and was at fault . The car I was in belonged to a woman which was the co-signee of the vehicle. She had co-signed it for another person which is not myself. So both names was on the registration . The woman got two estimates for the vehicle and the estimate the adjuster sent out was below the two prior estimates. The person that she had co signed for the vehicle has never paid a payment on the vehicle at all. $ 11,000 is what the vehicle cost. She’s down to her last payment. The adjuster sends a check that has both her name and the other persons name of the vehicle that saids Party A and Party B, besides Party A or Party B. Her and the other party have not had contact with each other since upon purchase of the vehicle . Does not know how to get in touch the with the person or nothing. The insurance is in her name and everything. And she don’t know how to pay to get her vehicle fix or pay the last of her payment on the car because the car lot won’t sign off unless he is present with identification . What could she do sir. Thanks
September 29th, 2015 at 5:56 am #Jason

Ricky,
She should file a claim under her insurance coverage for e damage. Don’t rely on other people’s insurance to protect your property.

All your other concerns have nothing to do with insurance.
October 5th, 2015 at 2:47 am #Miller

I was involved in a car accident while driving using my aunt car in Nj. The accident was my fault and her car seems to be totaled the her ins. Was slow from the start with the process but after 8 days notified that the car was repair able so then the following week they wanted some proof of residency from her where she lives in Nc. Which she sent but they where very slow on still responding the proof was not enough they said cause she had moved about 2 months to a new address in Nc. prior so they were going to launch a investigation it has been 4 1/2 months since accident car is still destoryed and lease is up in less then a month And a investigater has sent me a letter asking for a recorded statement about accident which I gave 4 months ago we have a attorny working it but he seems very slow what to do ? Please help thank you
October 5th, 2015 at 3:00 am #Jason

Miller,
Since you have an attorney, direct all your questions and concerns to him.
October 6th, 2015 at 9:51 am #Michelle

Hello,

I crashed my car and now it’s totaled.. my adjuster told me they will make an offer to me. I was wondering since I do have lienholder. Once the check is issue to me am I obligated to pay the lien holder or can I keep it? What are the consequences?

Thank you
October 6th, 2015 at 6:55 pm #Jason

Michelle,
That will be something you will need to work out with your lien holder since their name will appear on the settlement check with your name. Rest assured, the check won’t be issued only to you.

If you want to keep the check as a token and not cash it, you can do that but you will need to pay off the balance of your car’s loan in the meantime.

There are no consequences of which you have not been made fully aware.
October 6th, 2015 at 9:42 pm #Jason

I feel real bad for some of the people involved in the incidents i just read and know of the horror, but often true at times that insurers prey on people, by looking for things they can twist in some fashion.

I recently hit a deer and it has pretty much totaled my car. I have seen the estimate now and it equates to the value, maybe slightly higher than the value of the car. The car isn’t that old but 15k worth of damage is a lot and that is about what the car is worth.

Anyhow, I had reinstated my insurance after receiving a letter in the mail that my insurance lapsed (god knows how because I am 37 and have never had my insurance lapse for the lifetime of my driving career =21 years). I called immediately to get an explanation of what happened, what the payment was for (it was low compared to my monthly premium), how my insurance lapsed and if my monthly payment on my premium wasn’t processed correctly, and so on and so forth. I made this call in my car outside the post office after reading this poorly described letter and why I owed the amount I diid and what paying it meant. Those were most of the questions I asked that could not be answered by the incompetent representative that kept putting me on hold. The concern for me was that I had coverage and I felt extremely lucky I hadn’t been involved in an accident during the course of time I apparently didn’t have coverage after my insurance lapsed. It lapsed on the 28th of the month prior. The letter I received was stated the 21st of that next month, and I received it the 24th in the mail and as I said called immediately because that was the first notice I had of lapsed coverage. No phone calls for payment, no nothing. This is an online insurance based company and they are at least twice as hard to deal with than having a agent and being insured with a reputable company. My opinion only, but I don’t believe these “born on-line” based insurance companies are the way to go if you expect compliance on their part and things done in a timely manner and morally correct.

Getting to the point, I paid the amount on the letter that day (the 24th). I was concerned about my coverage so I kept close eye, and kept logging in to make sure my ID cards would generate and print showing my coverage was effective. They would not for a while that day, but finally did probably when the payment posted and I got them that evening. I have ID cards showing coverage was effective the 24th. I felt secure again in driving, but skeptical about “what the heck” happened. The next day I logged in, which I hardly ever do except to go to “make my payment” directly page. I saw suddenly (this was the 25th) at some point I had a payment due of a dollar amount that made sense. I payed it immediately. My coverage was still effective because I had the ID cards stating that. The following day the 26th, I logged in again and saw a formal letter of reinstatement that said my coverage was now effective at 12:01 am on the 26th. I already had ID cards showing it was effective the 24th so what that was about was a poorly devised online based system. But I made sure my coverage was effective from the 24th and have all the documents stating that. It really doesn’t matter except that the incompetent agents of this particular online insurance company were not helpful, and the website is broken and could be the cause of non-payment and lapse in coverage!!! I don’t care, I have all documentation as mentioned. I’m luck if I occasionally received emails from this company as well. I’ve searched spam and junk and have seen a few there. That is irrelevant anyway.

So I hit this deer going 55mph on 27th (one day later!!! strictly coincidental) coming home between 8-9. With the blood, fur and slobber, again, there was no questions asked. This dear ran off a hillside in a rural area off this highway right in front of me and I would have flipped avoiding it. So, I filed a claim the next morning after a conversation with a coworker through text about the upcoming week and how I was doing. I said besides getting over a bad chest cold, I was ok except for hitting a deer that last night and my car being in bad shape. That was evidence the adjuster wanted and I had thank god that was time-stamped. However, they are jerking me around. My case was submitted to the investigations unit, routinely they say, and I had to submit cell records for a specific date (20th to the 25th, when the accident occurred the 27th) and my back statement for the month. I said I would send it after i had some questions answered because they pulled the compliance thing on me for cases under investigation. I consulted with an attorney and because they did not comply themselves with calling me back on the day they said, I sent them anyway. I have nothing to hide, and if they are wanting to see if I can afford an attorney with my bank statement (horror stories I’ve read) they answered their own question. So now I’m waiting and they said because my reinstatement was so close to the time of the accident it was being investigated. Investigate all they want as I had nothing to hide. If they want to see that somehow the accident occurred during the time I did not have coverage they couldn’t and they couldn’t make something up either. I had no calls nor anything on my bank statement that would indicate any like that. So now I’m playing the waiting game while they are non-compliant.

What could they possibly be looking for on my bank statement and cell pone records. Any thoughts about this situation. If they really are looking for a way to deny my claim unlawfully, I’m ready to battle because I have nothing to hide. Has anyone ever dealt with something like this?
October 7th, 2015 at 5:02 pm #Jason

Jason,
They are investigating if you have coverage or not. What they are doing seems entirely legitimate.

I’m sure others deal with this all the time. Having a lapse in coverage is very common, especially for some people who have the habit of letting their coverage lapse.
October 8th, 2015 at 11:58 am #mikeala

So I got in a car accident and the car got totaled out by my insurance. The problem I am having is that the car is under my ‘ex’ husband’s name but I have been paying for the car and ever since it was bought. The insurnace company wrote a check for him and not for me. How do I get the money that was meant for me?
October 8th, 2015 at 8:27 pm #Jason

mikeala,
Wait, your ex-husband owns the car and the insurance is under his name? There is no problem. The insurance is being handled exactly as it should.

If you want the check to be written to you, you need to be both the insured and the owner of the vehicle.
October 9th, 2015 at 3:21 pm #Jason

Thanks for you response. The investigations was completed and I’m cleared. That was stressful being treated like a criminal, and haven’t done anything wrong. It is a long waiting game now.
October 14th, 2015 at 6:51 pm #Stephanie

If my brother was involved in an accident (his fault), and my mom and a loan company both have title to the car, is it wise to pay off the loan and transfer title to the brother, so the insurance company can settle the matter more quickly? Or is it better to just leave it as is for the insurance company to deal with? Their adjuster is telling them to pay off the loan first, which is something I have never heard of.

I see above that Geico told someone else the same thing. Can an insurance company require this?

Thanks!
October 15th, 2015 at 5:44 pm #Jason

Stephanie,
Your insurance is between you and your lender only. Your insurance is between you and your insurance company only.

Your insurance company cannot require you to perform anything with another third party such as your lender.

I don’t provide information about ownership or sales about any property. I focus entirely on insurance.
October 21st, 2015 at 5:29 am #Mike

I have a question if I may. I am a small car dealer (used). I bought a vehicle in Texas at the auction. The vehicle was picked up in Texas by a shipping company (paid by us) to be brought to our facility in Davie Florida. En route the shipper rolled his transport truck over and destroyed our vehicle. The value of the truck is approx $25k. The drivers insurance company settled with us for $19k. They wrote us a check. We deposited it, gave them the title and they already had the truck. Now, they put a stop payment on the check, we have a different adjuster and he’s saying that they now want us to submit paperwork on the truck as to how much we paid for it. The new adjuster is saying they will only pay us what we paid for it. My analogy is: you buy a foreclosed short sale home (move in condition) for $150k that appraises and is in a community of $325k homes. The gas company blows it up. It’s not worth $150k. The value is the cost of replacement. Please advise
October 22nd, 2015 at 6:29 pm #Jason

Mike,
Not the amount you’ve paid or didn’t pay should influence the value of any vehicle. Some people buy low and some people buy high.

However, it can be argued that the exact amount you paid is what the vehicle is worth, not a penny less, and not a penny more.
October 27th, 2015 at 11:19 am #Michael

I was involved in a wreck in which i was at fault. I found out my drivers license was expired at the time of the wreck. My insurance company at the time of the accident informed that they would not cover third party claims due to my drivers license being expired. However they paid out the total loss for my vehicle at the time. They stated that per the policy my insurance would be null and void in the event of an expired license. I have read the policy myself and for sure it does state that it would be void. To me the information read that the entire policy is voided and they can pick and choose what to cover.
October 27th, 2015 at 11:30 am #Michael

Correction – The last line of my post should have read : To me the information I read is that the policy would be void in the event of an expired license, not that the can pick and choose what they want to cover.
October 28th, 2015 at 4:57 pm #Mrs Brown

Hello

My Name is Nyema was visiting from college and was a victim of a drive by shooting while a back seat passenger and now the hospital where he was treated filed a claim on my auto insurance. my son is 20 and does not reside in my home. is this legal
October 28th, 2015 at 5:02 pm #Jason

Nyema,
The hospital can send a bill (or claim) to anyone or everyone they want. There is nothing illegal about that.

The college designation of your son may be a key factor since residing in college housing is often times temporary.
October 28th, 2015 at 5:28 pm #Mrs Brown

He Does not live on campus he has a place with his girlfriend. wich is the address listed on his drivers license so i am confused as to why my insurance company would be involved being that he is an adult that lives in another city and not with me
October 31st, 2015 at 8:02 am #Ashley

My truck got hit. My Insurance gave me a check, but it was in my lien holders name and my I went to get it cashed because i fixed the truck myself. My lien hold will not give me my money without receipts. Can they just take the money and put it towards my loan or do they have to give it to me? I am paying my Insurance company, and have not missed a payment on the truck!
October 31st, 2015 at 6:46 pm #Jason

Ashley,
You have the ownership interest in the truck so you will lose out in case the vehicle becomes damaged. That is why you have insurance.

The lien holder has a financial interest in your truck and they will lose out if the truck is damaged. By law, their lien holder interest protects them if the collateral used for your loan is damaged or destroyed. That is why your insurance company includes the lien holder on the check.

They can take the money and apply it to your loan. However if you want to be reimbursed for the repair of the truck, simply present them with the repair receipts. No matter what, you have to endorse the check and give it to them. What they do with it depends upon you presenting them with your receipts or not.
November 9th, 2015 at 2:06 pm #Samantha

I was involved in a car accident which I was not at fault. The insurance company deemed my car a total loss, made me an offer and sent me power of attorney to sign to transfer vehicle into my name, later that day they said they screwed up and ended up fixing my car. Can they do that? I just got my car back from shop and the rim was cracked also, so now I am driving an unsafe vehicle as well. please help
November 9th, 2015 at 5:07 pm #Jason

Samantha,
Yes, they can do that. If you are driving with a cracked rim, you may want to get that fixed so you can drive safely. Let your insurance company know that the rim is cracked if it’s related to the accident.
November 12th, 2015 at 8:41 pm #Shelly

I was traveling on the main road and a lady pulled out of a parking lot into the side of my car. It damaged both the front and back passenger doors, the rocker panel, the back quarter panel and the support between the doors. I had my son and his two children, ages 3 and 3 months with me. Thankfully no one was hurt. However, I am dealing with The Hartford Insurance company (not mine but the lady at fault) and they are insisting I “release” the vehicle to them w/o ever having an adjuster look at it or give me even an estimate on what they plan to pay me. They did say they know from the damaged rocker panel and the year of my car (an ’02) that they will total it. What they want to do is have it towed to an auction house prior to ever giving me a penny for the car and they are stating that they are sending me a cease and desist letter on keeping it in storage at the tow yard and that they will not pay for storage either. I told them I would not release the vehicle to them w/o payment in hand. Is it legal for them to “require” me to give them my car, and can they deny storage fees just because “they said so”? Thank you in advance for your help!
November 12th, 2015 at 8:47 pm #Shelly

I forgot to add that the car was not driveable as she also hit me so hard that it took a chunk out of the aluminum alloy wheel so large that the tire went flat and also it knocked the back axle out of place. It had to be towed because driving wasn’t an option so I have no choice but to leave it in storage.
November 13th, 2015 at 8:34 pm #jolie

A lady on her cell phone was driving behind me and i was yielding to oncoming traffic about to go forward in it…then as i was taking off from stopping at the yield sign she whacked my car from behind. damaging my bumper and aframe and some other parts…well i got all the info from her so i contacted her insurance agency and made a claim. We both left the scene of accident without calling the police. It was agreeable. (hope thats legal to do) Now 3 months later finally her insurance calls me and says they made their decision and either i can take my car to a shop or they can pay me off. with a check..but they want the title to my car. Why? I paid the car off, and i feel uncomfortable giving them my title.
November 14th, 2015 at 8:09 am #Jason

jolie,
An insurance company will either total a car or repair it. The options you said they presented to you of fixing your car or sending them the title makes no sense. Sending the title to them means they are totaling your car. Since totaling your car makes the most sense, that is what I will assume is going on.

When an insurance company determines that totaling your car makes sense instead of repairing the damage, they are essentially buying your car from you. In order to buy it and become the lawful owner, they will need your title. Perhaps you can buy it back from them with some of the proceeds they will send you. Talk to them about your options.
November 16th, 2015 at 9:15 am #Kenneth

I was rear ended the other day and the person who hit me was at fault. I have had the damage appraised by the other drivers insurance company. The at fault driver’s insurance company refuses to write the check in my name and will only write it to a repair shop. I own my car fully as well. I’m in South Carolina if that matters. Can they refuse to write the check to me? They said they write it to the repair shop or don’t write it at all. Is this legal?
November 16th, 2015 at 4:59 pm #Jason

Kenneth,
Probably. They owe for the damage to your car. What better way to satisfy that damage than to get it repaired. If they pay you and the body shop, they have fulfilled their obligation.

If you don’t like the terms of the arrangement with them, simply file the claim under your collision coverage and have your insurance company settle the claim with you.
November 22nd, 2015 at 3:52 pm #Chud56

I was rearended about 9 months ago, the guy that hit me had AAA and was covered, the car was under my name and my grandfathers name , since the accident totalled my car they required a death certificate to write me the check, in the process , the guy that hit me dropped AAA and they havent wrote my check out to me , ive been without a car for about 9 months now and AAA gives me the run around telling me they will give me my money but they seem to not want to pay me unless they talk to their former client, all this shit is none of my fault, im stuck in the middle of a mess and im getting no type of compensation. What should i do??? What can i do?
November 22nd, 2015 at 5:31 pm #Jason

Chud,
The best thing to do is file a claim with your own insurance company if you have collision coverage.

If you don’t, then you have to follow through with your claim with AAA. Stay on top of them and get your claim settled. Talk to the claims manager or escalate it to the claim manager’s manager until your claim is settled.
December 4th, 2015 at 10:10 pm #Barnie

Hi

I’m from New Zealand and live here for 10 month (7 left).
We bought a car and own it outright. I knew nothing about insurance here so we got a comprehensive cover with infinity insurance.

A few weeks back I scratched the side of the car while parallel parking . I was at fault. My insurance has assessed the damage and says repairs are about $3600.00 We paid 3800.00 for the car.
I have 2 questions regarding this:

1) I got told by a repair shop that I can have the insurance make out the cheque to me directly and I can choose not to repair as it is hard to find the time.
The adjuster says my policy does not allow that and it can only be made out to me and the body shop.
Are they right – is that legal if I own the car outright? If not what can i do?

2) I asked them why the car would not be considered a total loss if the cost of repairs and the price of the car are so similar – In NZ it would be counted a writeoff… They said if the person that did the inspection thinks the true value of the car is greater then the repairs they won’t get it appraised. Are they right?
Can I do my own appraisial by a third party company?

Thanks for your help- truly apprechiated…
December 5th, 2015 at 6:36 am #Jason

Barnie,

Your insurance company should send you the check made out to you if you don’t have a lien holder. Talk to the claim manager if your request for that option isn’t honored.

If they are going to pay to repair the vehicle, that will provide you with the funds to do the repair, while you still retain your otherwise drive-able car. If they totaled it, you would receive about $3800, and the insurance company would take possession and ownership of the car. If they total it and you purchased it back from them, the title could then be subject to being marked as salvage.

Just attempt to get the settlement check written out to you only and don’t pursue the total route.
December 14th, 2015 at 8:18 am #Tim

I had a deer strike and damaged my vehicle. I got an insurance check for $3600 made out to myself and the lien holder, my bank. My bank is resusing to sign the check over to me because I want to make the repairs myself. They claim it must be done by a reputable shop. I understand they may want to verify the repairs were made, but can they legally refuse to allow me to do them? That seems illegal to me. I should have every right to do them. They claim they aren’t qualified to determine if the repairs were done properly, I told them that’s not my problem. And what legal outlet do I have?
December 14th, 2015 at 8:29 pm #Jason

Tim,
You failed to mention what auto body repair experience, credentials, and training you have. Since you have not mentioned anything resembling an ability to repair your vehicle, I agree with your lien holder that you are not qualified to make the repairs.

You can get the vehicle repaired by a qualified repair facility or you can let the lien holder apply the funds to your outstanding loan balance. You have no legal outlet.
December 15th, 2015 at 3:32 am #Tim

This position makes no sense. I am not legally required to make any repairs to the vehicle whatsoever. The vehicle is drivable. So, I can do no repairs at all and burn the insurance check if I choose and they can do nothing about it. This is in effect the lien holder dictating who can repair my vehicle. I am perfectly capable of bolting on the broken parts, and even so, it is my vehicle and I should have the decision. I am responsible for the outstanding balance to the lien holder regardless if I burn the vehicle to the ground. I like to know what legal standing you feel they are on in stating I can’t do my own repairs. Qualifications are completely irrelevant, only the final result. They would need something in the loan agreement stating they can choose who does the repairs. I will never use them again for a loan, and I may just trade this vehicle in as is, pay the loan off and get a new check in my name. This is bs.
December 15th, 2015 at 4:36 pm #Jason

Tim,
That is correct, you don’t need to do anything with the vehicle. Burning an insurance check is irrational and I won’t even address it.

Nope, you can have any qualified repair shop repair your vehicle and you are the one that makes that choice. Your lien holder wants to make sure they have your undamaged car as collateral for your loan. If you insist upon having a damaged vehicle as collateral, they will want you to reduce your loan amount by the amount of the damage your car presents.

You can do your own repairs. Just get it worked out with your lien holder about your plans. Get the repairs completed and confirm to your lien holder that you’ve made the repairs. At that point, they likely will endorse the check for you.

There is nothing in your loan agreement about the lien holder choosing the repairer for your vehicle. Again, that’s solely your choice.

It’s not just your current lien holder that does this, it’s all of them.

Trading-in the car, paying off the loan, and getting another car is a little extreme just to get a check reissued in your name only. There are limitations put upon you when you have another party invest in your property with financial assistance.
December 18th, 2015 at 1:36 pm #Jillian

We we’re in a car accident in September the at fault partys insurance said they would fix everything so my insurance company said they didn’t need to be involved the other party’s insurance company Hartford underwriters paid for body damage none of the mechanical said we can get a lawyer so we paid out of pocket to get it back still clunking and a bad vibration in the front end we took it back paid more money to get it back doing the same thing my husband put our truck in our shop and realized the upper control arm is cracked and the frame is bent and unsafe for us or our child to ride in what can we do
December 18th, 2015 at 4:08 pm #Kent

I lost my brakes on a 1994 Class A diesel pusher . Fortunately no personal injury or property damage. Insurance adjuster said brake repair would not be covered as it was a maintance issue and was because of rusty and leaking brake lines. I only had collision insurance and not comprehensive but thought along with the physical repairers to exterior of motor home they would cover the brake repairs as well? What do you think? My coverage is with CSAA.
December 18th, 2015 at 4:59 pm #Jason

Jillian,
You chose your body shop so have the body shop repair the vehicle to pre-loss condition. Your concerns no longer have to do with insurance.
December 18th, 2015 at 5:02 pm #Jason

Kent,
Maintenance and wear items are not items which are covered by insurance. I don’t have any idea where you would think that would be something covered by insurance, just because you were involved in a collision.
December 23rd, 2015 at 3:16 pm #Artie

If an insurance company cancelled me for a payment issue but never notified me of the issue or of the cancellation, and now I have been driving around unknowingly uninsured and will have to pay a higher premium to get insurance again, do I have any options to get reimbursed?
December 23rd, 2015 at 3:17 pm #Artie

If an insurance company cancelled me for a payment issue but never notified me of the issue or of the cancellation, and now I have been driving around unknowingly uninsured and will have to pay a higher premium to get insurance again, do I have any options to get reimbursed???
December 23rd, 2015 at 7:42 pm #Jason

Artie,
By state law, your insurance is required to notify you in writing a minimum number of days before your policy is non-renewed or cancelled. I will assume the insurance company met their obligation.

I don’t know what payment issue you reference but I will also have to assume it was non-payment of your premium. If you fail to make a payment to continue your coverage, the notice of non-renewal is your bill that you didn’t pay.

If you don’t have insurance, insurance companies generally charge a higher premium if you don’t have proof of prior insurance coverage.

Any options to get reimbursed for what? You didn’t have any expense that needs to be reimbursed.
January 5th, 2016 at 2:51 am #Chelsea

Hi Jason,

So here’s my situation, I was in an accident on the 22nd of December, I was not at fault but my car was totaled. I filed my claim with my insurance company the day after the accident, because I had to go get checked out medically and I work nights so by the time all that was said and done I was exhausted. Now after filing the claim my claims adjuster I was assigned went on vacation before i was able to speak with them and didn’t come back till yesterday Jan 4. During that time my car as accuring storage fees because it was stored in a tow yard during that time. I live in an apartment 30miles from where the tow yard is located. Plus I have no where to store it cause where I live they tow vehicles that look abandoned so it is likely even if I towed it to my house (paying the fees out of pocket) but after speaking with my adjuster they told me I might be liable to pay the storage fees while they were on vacation and unreachable so I couldn’t have my car moved to one of their lots… This sounds completely unfair and unreasonable sense the accident was not my fault and neither was my adjuster going on vacation…
January 5th, 2016 at 3:21 am #Jason

Chelsea,
Do you have an insurance related question?
January 12th, 2016 at 2:47 pm #Maria Salinas

A semi-truck struck my parked 2002 Honda Civic. Brought it in for estimate and the truck owner’s insurance is not willing to pay the repair cost because they said it is more than the market value of my car. Insurance is willing to give me $2,500. I want my car repaired, before the accident, it was in excellent condition, just bought 4 new tires two months before the accident. Can I take the driver/insurance to court?

Thanks,
Maria Salinas
January 12th, 2016 at 5:39 pm #Jason

Maria,
Stop and realize their insurance is only going to pay you the market value of the car, or the cost to repair it – whichever is less.

If they are offering you $2500, it seems they are offering the fair market value of the car.

If you don’t like their offer, you can turn the claim into your insurance company under your physical damage insurance coverage and see what they will offer you. If you don’t have physical damage insurance, then you might want to seriously consider what they are offering you. You can always ask for a little more to account for the newer tires.

You can take anybody to court. Do you seriously want to? Probably not. Just try to get your claim settled so it is acceptable to you.
February 3rd, 2016 at 12:47 pm #rachael

1/28 i was in an auto accident – the other party was at fault. Their insurance company has already assumed responsibility for the claim. I reported the incident to my insurance company – first question is – when I check my claim status online it now shows TOTAL LOSS. However when i spoke with my Claims Rep he stated that was pre-mature they are sending it a repair shop. I’m guessing it could still come back as totaled but why would that be on the status of the claim for over 24 hrs? 2nd question is I saw frame damage & I have the pictures I took both at the scene & at the tow yard. Since its going to the repair shop and progressive will guarantee the repair for the life of me owning the vehicle if the repairs done and I still see the bent frame Do I just not accept taking the vehicle back into my possession? Also what if I notice the Truck not handling the same pre-accident (ie dash lights now on, engine noise, alignment issues etc)? I’m concerned also that my airbags did not deploy I was going approx 30 – 35 mph at the time of impact with only 1 second to hit my brakes and begin slow down. In a nutshell I am not sure if repairs will be made to my satisfaction what is my recourse then?

Thanks for responding in advance
February 3rd, 2016 at 2:20 pm #Jason

rachel,
I don’t know how progressive inputs it’s information online as far as the total loss information. That would be a question for your insurance company.

Your asking about what-if questions and I can’t predict the future. If you have a specific question, those I can answer.
February 4th, 2016 at 5:25 pm #nashawn

my husbands car was damaged in the parking lot of his job, by one of the heavy equipment (fork lift) they have admitted fault we have 2 estimates for repair both are more than we paid for the vehicle, the company originally wanted to bypass the insurance company but they claimed they could not cut the check in our name. can the insurance company deny to write thee check directly to us although the car is paid off, I only carry liability on the vehicle as it is paid in full
February 4th, 2016 at 5:37 pm #Jason

nashawn,
If they can’t issue the check to you by using your name, how will they issue the check? I don’t understand what the concern is.
February 4th, 2016 at 7:06 pm #Nashawn

Shannon will drop kids of home when u get there don’t go to nana house
February 4th, 2016 at 7:09 pm #Nashawn

Sorry for the previous comment that was written in error don’t know how to delete. But the company is claiming by law they cannot issue me (the insured) the check for the damages to the car, they claim they have to write it directly to the repair shop. Is that true?
February 4th, 2016 at 7:15 pm #Jason

Nashawn,
There is no law that dictates that they can’t issue the check to you. Simply ask them for a copy of that law and watch them squirm because they cannot produce it.

Since you don’t have physical damage insurance, you need to come to terms with this company so you can get your claim settled.
February 6th, 2016 at 3:45 pm #rc

Hello,
My wife and I have progressive. our diesel truck 2001 f250 caught fire a few weeks ago. they have spoken with all eye witnesses, fire dept, police, everyone involved and they have said themselves they don’t think there is anything fishy. they called and said they were going to send some paperwork over for us to sign for them to have the truck inspected we agreed but when the papers arrived they are requesting our finaccial records. bank accounts credit reports, telephone records all sorts of thing. I feel this is very personal information.i don’t think that is any of their business what is in our accounts or any of that. I feel very invaded.
can someone give us some advice?. I am considering getting a lawyer
February 9th, 2016 at 10:30 am #caesar

I was rearended by another vehicle hes at fault his insurance has accepted liability and gave a low low estimate of course but the hit to our vehicle cause damage as well underneath since it hit our muffler which is very solid and pushed forward they are only trying to pay for bumper damage , my question is what do we do if they persist not to want to cover what is their responsibility do we sue or what can i do at this point we have a mechanics written statement
February 9th, 2016 at 2:54 pm #Jason

rc,
That’s ok if you get an attorney. That is your choice. You have to determine if you actually need an attorney to gather the records the insurance company has requested of you.

As far as what they are asking, you must cooperate in their investigation of your claim. You’ve basically given them permission to investigate your claim, including all the records and reports you’ve mentioned, based on the language in your policy. If they are requesting the information, you must provide it. If you don’t, they will deny your claim based on unwillingness to cooperate with the investigation of your claim.
February 9th, 2016 at 3:00 pm #Jason

caesar,
If you have collision coverage, file a claim with your insurance company and point out all the damage so it can all be settled accurately.

If you don’t have collision coverage, make sure the other company addresses all the damage. Provide them the mechanics opinion that the muffler system was damaged as well.

If you can’t agree to a settlement amount, yes, you would have to sue the other vehicle’s owner/driver.
February 11th, 2016 at 10:59 am #Jen

Hello and thank you in advance for answering my questions and for any advice that you were able to give me. I was involved in the MVA on November 13th of last year. I was carpooling my friends two daughters and my two daughters to school we were in the left lane and the other driver was in the right lane we are both traveling southbound however he was further behind me on the road. He then sped up beside me and almost completely in front of me and attempted to switch lanes ended up clipping the front right corner of my van with the left back corner of his truck and in the process of doing this he slammed on his brakes literally ended up on top of the hood of my van. At this point we are still moving forward I slam on my breaks to come to a complete stop and then he proceeds to read his truck up so that he can try to get off of my van he ends up spinning his tires and giving it so much gas that I could see the smoke coming from the tires and then he detaches from my van and takes off about a half mile down the road where a jogger literally had to stop him by waving him down to get him to pull over. Meanwhile me and the four children that I had in my van my too and my friends too we are stuck in the van the van will not open is full of smoke we don’t know what’s going on my kids are screaming and crying my daughters are bleeding from their mouth what the lady that had to slam on her brakes behind me got out and she helped us get out of the vehicle the police come they they take everybody’s statement at the scene except for my youngest daughter who was transported to the hospital by ambulance and then they continue to tell me that the two girls I was car pooling’s mother who was two cars behind me was not able to be a witness because her daughters were involved in the accident? The other driver was found at fault by the police officer the investigating officer he also had an expired tag and registration which the heat they did not take it him for and come to find out his girlfriend that came out to the scene to take pictures of my vehicle and his vehicle is not only his girlfriend but she is also a Geico insurance claim adjuster which that just happens to be his insurance company and the exact office that she works at which she came from work to the accident to take the pictures and then back to work. At first my insurance company and everything is ok he’s at fault and Geico agreed with it I didn’t hear for them for probably a month or two I figured they were sold out with my lawyer and then BAM all of a sudden Geico says oh no she’s at fault talking about me that I’m at fault because their driver disputed the claim and they didn’t investigation within those two months and they found that we are both at fault meanwhile neither one of them have gotten any type of statement from me at all they have not spoken to me or my lawyer. The other part of it is my boyfriend owns the vehicle the vehicle is not mine I do live with him we’ve been together for 15 years they and neither insurance company has tried to contact him and he was or is not now represented by a lawyer. So he continues to call and call and call for like 2 weeks straight trying to get ahold of your gestures or the adjusters boss or anybody that he can get ahold of with his company or the Geico company finally Geico called him back and she’s really rude and she proceeded to tell him that I’m at fault that they’re going to get damages from progressive there’s nothing that they can that we can do about it that they’ve come to the conclusion that I’m at fault without my statement or anything and when he asked about the police report the Geico Adjuster proceeds to tell him that they don’t go by the police report they don’t care what the police had to say about it. Now my Lawyer telling me we’re going to fight it I’m supposed to go in on Tuesday and give my statement on what happened because all they had this whole time was the other drivers statement and pictures that his girlfriend the claims adjuster from Geico took of the accident and the police report which they are completely just ignoring. To be honest I’m not sure what to do I’m not sure what my lawyer is going to do cuz she just keeps telling me all that they could not have come to that conclusion because they did not have my statement yet now progressive my insurance company is trying to say that I’m at fault as well that we are both at fault in there trying to set up mediation to settle out the pip part of the cases. To me it sounds like because his insurance company Geico is just bullying my insurance company or whatever the case is my insurance company for some reason is just willing to give in they haven’t even looked at my van nobody has been come out or even called. Why would like my insurance company just give in without actually investigating the situation and taking my statement I guess would be my first question and I guess my second question would be is it considered a conflict of interest for his girlfriend a claims adjuster for the Geico office that he is insured by to come out and take pictures of the accident and then go back to work afterwards? And there’s a whole lot more to this situation because come to find out whenever I called the police for the witness statements and everything the officer told me that I needed to go online and look up his driving record cuz he the other driver that was found at fault was just in an accident four months earlier that he was found at fault for and the driver of that vehicle actually stated that he thought that the guy was mad because he would not let him over so Aaron the other at fault driver pretty much just came over into his lane anyways on purpose. I just need some type of advice because my lawyer doesn’t seem to know anything and I am kind of just at a loss for words at what’s going on I cannot believe that the insurance companies are actually getting away with this. And thank you in advance for any type of advice you can offer me
February 11th, 2016 at 11:14 am #Jason

Jen,
I’m not going to get in between your attorney and you. If you have questions, ask your attorney. She knows your situation much more than I ever will.
February 11th, 2016 at 11:15 am #Jen

Correction that was supposed to say they did a investigation within the 2 months that they were not speaking to me and I also forgot to say that they’re not paying any of my medical bills I have been receiving everybody’s medical bills from progressive stating that they were not paying them because the PIP coverage was not enough???
February 11th, 2016 at 11:24 am #Jason

Jen,
See the response already provided.
February 11th, 2016 at 11:43 am #Jen

I understand your position but what if they do find me at fault? Because in Florida if they find you at fault most lawyers will not take your case because there’s no money to be made and less you want to pay up front and I have no money to pay I’m actually going through cancer treatment and everything else right now all along with the Dr and all that other stuff for the car accident so I was just trying to do if the Lawyer decides to drop my case and as well as what my boyfriend can do from his point because he is not represented by a lawyer and technically since the vehicles in his name he’s the one that’s going to have to pay for everything.
February 11th, 2016 at 11:47 am #Jason

Jen,
As I’ve already indicated, direct your questions to your attorney.
February 11th, 2016 at 12:09 pm #Jen

And not to mention that I was in a car accident in July of last year and at the time I had Geico and the other driver admitted complete fault because I was at a complete stop and he rear ended me but admitted that he was on the cell phone not paying attention and that one still has not been settled and this is the same Lawyer that I’ve had from that accident and when I got into this new accident in November of last year she never made me sign any new paperwork to represent me on this new case so does that mean that she is not responsible for representing me or that she can drop me at anytime should I sign new paperwork this is literally only my second accident. I’ve never had to go through anything like this before if you are unable to help could you please refer me to somebody that could help me answer these questions because I don’t want to be completely out of luck when it comes to this I mean like I said I’m a young mother I’m 33 years old I have two daughters I’m already going through so much with all the cancer treatment and the only person I have to lean on is my fiance and he’s already stressed out due to the cancer and everything and getting me to my treatments and making sure that his crew gets to work on time and that his company doesn’t fall behind on houses and stuff like that they’re supposed to have ready for the contractors, and now we have not one but two big insurance Companies trying to bully us into submission. Can you at least tell me if it’s at all possible to take this in front of a judge without the insurance companies, and if I win will geico and my insurance have to except his ruling? Because I have two officers willing to back me up and the jogger who had to stop the guy from leaving the scene and another witness if it turns out she is able to testify that seen the whole thing. I’m desperate here,any type of advice you could offer me would be a great help you have my email address if you don’t want to post it publicly. And I would understand if its just you don’t want to get involved and if that’s the case is there anyway that you would have a name of somebody that could give me some advice on these issues and how to handle them please anything will help
February 11th, 2016 at 12:10 pm #Jen

OK thank you anyways.Just ignore the last post then.
February 15th, 2016 at 5:27 pm #Charlie

I live in California. I was involved in a rear end collision while I was riding my motorcycle on the freeway when another vehicle hit me on the back and pushed me forward.. Long story short I only have liability on my insurance. After going through all the paperwork, the other party’s insurance settled the case with my insurance at a 50/50 responsibility. I disagree with the assessment and I will sue the other party on small claims court for the remaining 50%. My question is the following: I have already received a check from the other party’s insurance for the 50% they are agreed on paying, so can I deposit the check and still proceed with the small claims process or should I hold on to the check and wait for the judge to decide on my case?
Will cashing the check release the insurance from further paying me for the other loses I had incurred. The check does not say anything about releasing (I know there is a term for this, but I cant remember it now).
Pleaa I will appreciate any advice on this regard.
February 15th, 2016 at 5:50 pm #Jason

Charlie,
If you cash the check, you accept the claim based on the other insurance company’s interpretation, which means you are 50% at fault. That would not be good for your case.

Wait for the conclusion of your small claim action before you do anything with the check.

Without knowing the details of your accident, if both insurance companies have determined 50/50, I would have to assume they got it right because they know more about the accident details than I do.
February 15th, 2016 at 9:23 pm #Charlie

Thanks Jason, I will follow your advice and hold on in cashing the check. I would like to keep this topic focus on my question but I feel compelled to clarify the reason why I am taking the other party to court tomorrow. First and foremost because I have nothing to loose and all to gain by doing so. But most importantly (and the reason why I am veering off the topic of my question) is because the 50/50 arrangement is based not on the facts of the collision but rather is a business decision. Since I only carried liability on my end, my insurance not only lacks of any incentive to fight my case but does not finds any reason why should they spend any time in litigating/arbritrate my case when they do not have to pay for my damages nor they have to pay for the other party’s damages since each party is responsible for their 50%. The moral of the story to me is that you have to always carry full coverage or else you are on your own.
February 19th, 2016 at 1:00 pm #Stefanie

I was in an accident out-of-state (I slid on ice into a pole and another car). Because my insurance company is not national, they said that I would have to go and get an estimate, provide it to them, and then they would review and pay. The first body shop I received an estimate from was a large national body shop (Abra), however the adjustor told me that the estimate didn’t look right and he couldn’t get a hold of the shop to update it. He instructed me to go get additional estimates, so I went and got 2 more, from smaller body shops. I told him that the one shop was able to take it on right away, so that would probably be my preference, but that I had provided 2 for his review. He came back and said everything looked good with the preferred shop and he would process the check – first recommending that it be sent directly to the shop with my name on it as well. I wasn’t comfortable with that and asked to have the check directly in my name. The shop agreed to complete the work in 7-10 days. The shop owner requested that I sign the check over to him so that he could use it to purchase parts, and in turn would give me a discount on my $1000 deductible. He said that he had also discussed this with the insurance adjustor, and accordingly was confused why the check had been sent to me. I’ve done this before with other body shops with no problem – granted they are shops that I had worked with before, but I knew it was not a totally uncommon practice. Fast forward 2 months later and the car is still not done. The shop owner has lied to me at least 10 different times, telling me the car would be done by X date, and it wasn’t. He does not return calls, and the only way I can speak to him is to show up at the shop, which I have left work early several times to do. I have been in contact with the adjustor throughout the whole process – the shop owner has been telling the adjustor that they keep getting the wrong parts sent to them. The latest date for the car to be done was this past Monday. No surprise, I did not hear a word from the shop all week. I showed up yesterday to find the car parked outside – an employee came out and told me it was done. The car is NOT done. The panels are not lining up, there is dirt throughout the clear coat, divets in the paint, clear coat overspray all over the place. The insurance adjustor is now telling me that they are relieved of responsibility because 1) I chose the shop (I had no choice but to chose a shop since they do not have any shops out of state) and 2) they didn’t pay the shop – they paid me, and I paid the shop. My understanding is that the insurance company is responsible for making the car whole, which it is not. Can someone explain to me what the responsibility of the insurance company is? They are telling me that I need to work it out with the shop, and they will not pay to have any of his shoddy work corrected. As a side not, the insurance company does still owe the shop additional money for a supplement that was submitted (I’m guessing another $1000 or so). I have also not payed the shop my deductible at this point.
February 26th, 2016 at 2:06 pm #desirae

i was rear ended by another vehicle. insurer who hit me, her insurance claimed it a liability 100% and paid me a check in my name. My car is still financed. im behind on my car and thinking of surrendering my vehicle and taking the claim money and buying me a car outright. Is that illegal since the check is written out to me. its very minimal damage.
February 26th, 2016 at 2:08 pm #desirae

hi, i was hit in at a stop last week and the other parties insurance paid my car 100% liability and wrote me a check only in my name. My car is financed and im behind on my car payments. Can i keep the check since its only in my name and the damamge is minimal, as i am tihnking of usinng the check to buy a vehicle outright. is this illegal?
February 26th, 2016 at 2:09 pm #Jason

desirae,
You can do anything you want with the claim money you receive from an insurance company. No, it’s not illegal.
February 26th, 2016 at 2:13 pm #Desirae

I am juat concernrd as the bank owns my car and ive read online im obligated to fix it but i cant afford to keep it. I dont wanna commit fraud since the money was intended to fix it
February 26th, 2016 at 2:33 pm #Jason

Desirae,
Who cares what you read online? It’s your car. The bank has a lien on the car. The bank doesn’t own the car. The owner of the car can do anything they want with the car. That’s the benefit of being the owner – you have full control over what happens, or doesn’t happen, to your car. Your are not required to repair your car, wash your car, clean your car, or even roll the car windows up when it’s raining. You as the owner make the decisions about what you do are don’t do with your car.

Who intended the money to fix the car? Not the other person’s insurance company. Their intention was to eliminate your claim of liability against the person they insure. That was their only intent. The other person’s insurance company relieved itself of their insured’s liability by paying you off with a check (which coincidentally was based on the cost to repair the damage the other driver caused). The other driver’s liability TO YOU, the car owner can best be determined by an estimate of damage their insured caused to your property.

I will repeat again – any money you, as the car owner, receive from an insurance company can be used in any manner you see fit. If you want to buy lottery tickets, use it for groceries, or pay medical bills with that money, you can do that.

You can consider that money as your property and you as the money’s owner. You as the owner of your money can do anything with it that you see fit. There is nothing resembling fraud in what you’ve mentioned.
February 26th, 2016 at 2:52 pm #Desirae

Ok just making sure as i thought the lienholder bank owned my car anf i had to fix it especially if i thought of surrendering it. But your logic makes sense just dont wanna go to jail by spending it and not fixing it and giving it bk to bank as everyone says your responaible to fix it while a lien is on it per contract to maintain appreciation of vehicle. Thanks. I also never even reported accident to loan company
March 9th, 2016 at 4:13 am #Adam

I was hit on the right side of my car on Feb 3rd, and then again on Feb 20th I was hit on the left side. My insurance company came out and assessed the damaged for BOTH sides even though she was only supposed to do the right side since the left side was hit by a seperate party than the party who hit me on the right. So, the adjuster came out and gave me 2 estimates for each side of the vehicle and said each side requires a $500 deductable, 2 days later the other partys insured’s company came and the adjuster made a estimate around the ame ballpark as the other’s, obviously a little higher. The 2nd adjuster from the seperate company said ‘do you want me to mail you the check, o deposit it in a bank? I told him to mail it to me, he did, and I cashed it. If I go thru the original adjuster, or my insurace company is it illegal for me to pocket the cash I got from the 2nd adjuster and not involve the other person’s insured, then follow the instructions and only involve my company is that fine? I cashed it the check from the other’s insured. -Thanks
March 9th, 2016 at 9:24 am #Angela Francis

My daughter wrecked last week. I got a call yesterday from my insurance company telling me that I may be denied coverage for the accident due to the fact that the VIN number they have has a 6 in the spot that shows the year of the car and it is an 05. I have proof that the previous insurance company had the VIN number correct, but I do now see that it has been incorrect with this company. I had no idea! Now they are wanting me to agree to a reservation of rights and are saying they will investigate me. They are telling me that they don’t have to pay the claim and at the same time are telling me the car will most likely be totaled. What can I do? Do I have any recourse? I had NO IDEA there was an error.
March 9th, 2016 at 9:38 am #Jason

Adam,
That’s ok that you cashed the other check from the other company. That’s how claims work, you make a claim and the insurance company pays you for the damage. Your claim is now settled (for at least 1 side of your car.)

It seems you may be asking if you can claim the same damage that has already been settled. But I can’t tell because the information you posted is not very clear about what you intend to do. Clarify what you are asking so I can accurately address your concern.
March 9th, 2016 at 9:46 am #Jason

Angela,
The previous insurance company has nothing to do with your claim.

You don’t have the option to agree to your insurance company’s reservation of rights because that is a formal statement to you that they don’t know if coverage applies and they reserve their right to deny your claim depending upon the outcome of their investigation.

Let them figure out what they plan to do. Either they deny your claim or they cover it. For you to do anything before they give tell you what they will do is premature. Asking for recourse without knowing the outcome is also premature.
March 9th, 2016 at 11:24 am #Angela Francis

I guess my question … more accurately, is… can they really deny my claim due to a number wrong when I have been paying all along? I didn’t type up the policy.
March 9th, 2016 at 11:57 am #Jason

Angela,
Your obligation as one of the parties to an insurance policy is to verify the details of the contract to make sure it is accurate no matter who types the policy.

The things is that you have legal coverage for the car identified with the 6 in the 10th digit of the VIN. In all reality, a car with that full VIN likely doesn’t even exist, but you have coverage for it – confirmed by your policy and declaration page. (Whether that car even exists or not doesn’t matter because you have no ownership interest in it.)

You did not pay a premium for the car with the number 5 in the 10th digit of the VIN. So, what this amounts to is no coverage for the car that you actually own. Yes, if you don’t have coverage for a car in which you submit a claim, it can be denied. Denials like this are done all the time.

You paid premium for 1 car, not 2 cars. The condition in which coverage might apply is if your insurance company caused the error AND they accept to make an exception for the situation.
March 21st, 2016 at 4:35 pm #Mia Alexandra

Good evening, about a month ago I had my front windshield glass shattered (only damage to the vehicle) and made a claim. A few days later a man came and replaced the windshield free of charge (because the company went through my insurance) and now I have recently received a pretty decent check in the mail. My question is, am I able to cash the check and use it however I please, or do I have to save it and pay the company who changed my glass?
March 21st, 2016 at 4:51 pm #Jason

Mia,
Glass companies don’t install windshields and expect not to get paid. They will either get paid from your insurance company, or you will pay for the windshield.

It seems if you received a check, it’s only reasonable that you cash it so you have the funds to then pay the glass company.

Technically you can keep the money and you don’t have to pay the glass company. They replaced your windshield under the premise that they would be paid for both the windshield and the labor. Now that you have the check and they haven’t been paid, how you pay your bills is entirely up to you. The glass company trusted you. Are you going to betray that trust?
March 22nd, 2016 at 1:15 pm #Debbie Moreland

I was rear ended by an 18 yr old in Florida. She was cited for Careless driving. Here’s my problem. I had just purchased the car 3 weeks prior to the accident.
Her Insurance company only wants to give me the Market Price for the car. I have GAP Insurance but don’t want to have to use it because I can transfer it to the purchase of a new car.
What can I do about the $2000 I put down on the car? Do I have to eat that cost? I don’t have another $2000 to put down on a new car.
I put in a call to the Claims Adjuster’s Supervisor to see if there is room for negotiation as the Claims Adjuster wasn’t willing to give me anything more than book value. Haven’t heard back yet.
They gave me a rental car and I’m sure they will just pull that out from underneath me. However, I haven’t signed off on transferring the Title to them so they can sell the car at Auction.
Is there anything they can do legally if I don’t sign off on the title other than maybe charging me with the storage fees they are being billed by the auction company?
Your thoughts would be greatly appreciated.
March 22nd, 2016 at 5:43 pm #Jason

Debbie,
The age or gender of the other driver has nothing to do with your claim. Your claim also doesn’t rely on if the other person was issued a citation or not.

You can settle with the other insurance company for the fair market value of your car. If you have collision coverage, you can settle the claim with your insurance company. If you owe more than the market value of the car, you may want to consider using your gap coverage. You should even be able to cancel it and get a prorated amount back for it. That depends if a claim forfeits any remaining amount that otherwise would remain.

Down payments and amount financed have nothing to do with insurance. For example, if you purchased the car for $10,000 and you put $2000 down, you would have financed $8000, plus the tax and titling fees. Since you purchased it recently, and if you paid market value, the other insurance company should be offering to pay you $10,000, plus tax and title transfer fees. If they are not offering you an amount very close to what you paid for the car, either they are not offering enough or you paid more than a fair market value for the car. In this same example, if you instead would have put $8000 cash down, the settlement offer would remain the same.

Signing your title is the first part of you settling your claim with them. If you don’t sign it, they should stop paying for your rental. Either you wish to settle your claim or you want to delay it. There is no in-between.
March 24th, 2016 at 5:31 am #Debbie Moreland

Thanks for your comments.
March 25th, 2016 at 12:36 am #Lynne Charleston

While parked and sitting in my car I was rear ended by a vehicle which caused front end damage (by pushing me into a concrete barrier) and rear end damage. The driver reversed and fled the scene. After locating the driver (she’d parked I’m a seperate area of the shopping center) she indicated she did not speak English. Her 10 year old son translated for us as she denied hitting my vehicle and refused to give her insurance information. Fortunately a shopper who witnessed the entire occurance came forward verifying she’d seen the entire incident. The police was called however after waiting over an hour never showed. Finally the lady left the scene still refusing to give her info.

I contacted my insurance company giving her license plate number and they tracked her down. Her insurance company is progressive and the progressive adjustor called me stating the driver denies driving the vehicle because of mechanical issues. Additionally the agent provided the driver denies any incident inclusive of making contact with my vehicle.

Fortunately, at the time of the accident, I’d taken photos of the driver standing next to her damaged front bumper and the drivers license plates. I’d also managed to obtain the witnesses contact info.I provided the aforementioned information to the adjustor and was scheduled for an estimate the following day. The estimate total was $2500.

Consequently, the adjustor contacted me stating they’d taken pictures of their insureds vehicle and the damage to the front had been repaired prior to their inspection. That their insured was still denying all culpability. The adjustor went on to say he’d spoken with the witness who verified my vehicle had been struck by the insureds vehicle. Finally the adjustor stated that after speaking with his supervisor they would not be able to pay the claim because the damage sustain to my vehicle does not match or coincide with the damage seen in the photos.

This seems non sensical as I was there and in the car when my vehicle has hit causing it to be damaged. Is there anyway I can dispute this finding? How can they base their findings of off a photograph which does not show hidden scrapes and damages?
March 25th, 2016 at 8:16 am #Jason

Lynne,
When a disputed accident occurs, which you were aware applied to your situation immediately, it’s good you summoned the police so you could have an accident record on file. Despite the woman leaving the area after over an hour, it is good that you stayed until the police arrived so you could complete an accident report. (I doubt you completed an accident report with the police because you said, “(they) never showed.”

Yes, you can dispute it. Having progressive change their minds without a lawsuit and judgment is highly unlikely based on the information you presented.

Your best avenue is to file a collision claim under your collision coverage – if you have that coverage.

You may be wondering if it would benefit you to sue her. In order to make that decision, you have to weigh the difficulty of that endeavor. The factors you must review include the following:

-Are you qualified to sue someone, and if required, meet the difficult threshold of attaining the required level of proof to support the liability of this woman based on her denial and the circumstantial evidence you have?

Do you know how to subpoena and have a sheriff serve the witness if you need the witnesses’ testimony in court?

-If you are successful and obtain a judgment, are you capable and qualified to collect on that judgment? (Use of non-earnings garnishments, earnings garnishments, writ of execution/attachment, real property liens, etc.)

-Obtaining a judgment and collecting said judgment requires time, resources, knowledge, and money. Do you have those to include funds for legal assistance? Collection actions require additional costs to the court, and these costs are not petty. Do you have these funds that can be tied up for up to 2 decades, and actually indefinitely?

-Does this woman have executable assets that you can pursue?

-Does this woman receive government assistance/benefits, which is immune from all collection attempts?

-Does this woman have exemptions (personal and dependents) that protect this woman’s otherwise non-immune assets and income?

-After investing your time, resources, and money to collect from this woman, are you willing to acknowledge you will never collect the $2500 and all the costs associated with that effort?
March 25th, 2016 at 4:19 pm #Leslie

Hi Everyone,
I’m hoping someone has experience with your car insurance company & the State of Florida screwing up your records.
To the point that although you had insurance and your company told you so via email, you were driving home at night and you get pulled over by the Volusia County Sheriffs Deputy for having a tail light out, you give them your insurance card, your license and registration and same Deputies tell you your Driver’s License is suspended and they arrest you, give you a choice of having your vehicle towed to your home or mechanics shop at $65.00 or they can Impound your car (if you don’t have the money for your own tow truck) and it will cost you over $100.00.
You have to run all over from your inept insurance company to the County Clerk’s Office for paperwork that both of these Business’s were supposed to have taken care of in the first place! And you have to pay for all the paperwork so when you get to waste more of your life by having to go to court.
How can you recoup your monetary loss for them putting you through all this and it costing you over $200.00 to fix their mistakes?
March 25th, 2016 at 4:48 pm #Jason

Leslie,
Your situation, as you explained, has nothing to do with insurance so it won’t be addressed on this site.
April 21st, 2016 at 10:12 am #Sandra

April 2014 A public adjuster came walking up the driveway about our hail damage for our roof and siding. He was able to work with the insurance company and we got a check for the roof and he took his 20%. We couldn’t agree with the out of pocket amount for the siding and really didn’t like the way they did the neighbors so we thought we just parted ways. Well, at the beginning of this month (April 2016) another contractor approached us and told us that our initial claim expired on the 12th, after that the insurance will no longer pay for anything. We have not heard anything in over a year from the so called public adjuster so we signed the contract. Got the siding and gutters in a week and looks great. Now, the problem is, the public adjuster wants his share since we signed a contract 2 years ago. Is there a way to stop him from getting anything since he walked away? Desperate for help, Thank you
April 21st, 2016 at 10:52 am #Jason

Sandra,
Your concern has nothing to do with insurance – it’s a contract issue with your public adjuster.

As I look at it, you didn’t pay him and he didn’t do the work. When one party breeches the contract, the other party may walk away from it. However, I say this without knowing any of the terms or conditions of the contract you had with the public adjuster.
April 22nd, 2016 at 9:08 am #Cecilia

Hi my husband and I were involved in an auto accident, we were not at fault. We got quotes from a local shop for repairs plus my husband owns an auto repair shop himself, so we decided to do the repairs ourself. The insurance company has been great to us and sent my husband a check for repairs. We deposited it into our account the next day our bank froze the funds and told us we can only have a part of it and only if we show receipts for repairs and the rest will have to go to our loan. Everywhere I have looked up says they are not allowed to do this even the insurance company says the funds our essentially ours to do as we please to fix the truck and if there are remaining funds we are entitled to them not the bank. What should we do even with screen shot proof of parts ordered she is not releasing funds and told us even though my husband owns a shop she will not give him the quoted rate for labor so we can’t pay our employees their labor because of this.
April 22nd, 2016 at 10:31 am #Jason

Cecelia,
Your concern is not insurance related. Instead it is an issue you have with your bank.
May 5th, 2016 at 12:09 pm #Jennifer

I was rear ended and totaled my mom’s vehicle. I had a license. The vehicle was only under my mother’s name. She has a policy through all state. They covered all costs only to our vehicle because the car behind me that rear ended me was an immediate family member and they had no insurance. There car was totaled but not paid for. After 9 months of the claim being closed, All State is requiring that my mom provides proof that I have insurance, if she does not have me get an insurance policy All State will cancel her insurance policy. Can they do that?

I think it is unfair that I have to get an insurance policy in order for my mother to keep hers through all state that she’s had for about 2-3 years.
Can they do this even after so long after the claim has been closed?
If they do cancel it can she sue them for it? She did write them an e-mail giving her reasons as to why she cannot provide proof that I have insurance. I do not have a single vehicle under my name, I don’t have the money for it, and she cannot obligate me to get insurance for her policies own satisfaction, I am 23 years old(not a minor).

If you can please help with this, my mom seems pretty upset to have to start over with another insurance.

Thank you for your help.
May 5th, 2016 at 5:49 pm #Jason

Jennifer,
This is very good news about allstate’s requirements and cancellation if your mom doesn’t meet their terms.

First, allstate, along with farmers, are the 2 most highly rated insurance companies for customer claim dissatisfaction so not having allstate insurance is good news.

Find an independent insurance agent and find a different insurance company immediately.

When your mom has new insurance, she won’t have any remaining problems.

Now to answer your questions. Any insurance company can cancel anybody for anything. Actually, they don’t even need a reason. Insurance is a voluntary agreement between an insurance company and a customer. If one doesn’t like the arrangement, either one can end it.

If your mother lets them, the insurance company can make any demands they want. No, your mother can’t sue for being canceled. Canceling or ending insurance coverage is perfectly legal.
May 9th, 2016 at 6:47 am #Jorge

Good morning and thank you for reading this.
My daughter 19 who does not live with me came to visit me a weekend and ask me to bollow one of my car had an accident. The insurance company is forcing me now to include or exclude her from my policy or they will cancel my policy. I wrote to them explaining that she does not have to be included or excluded because she does not live with me( I sent prove of her driver license with a different address). After, a back and for emails and threat with this cancellation I started shopping around for another insurance. He thing is that I got approve with another company but 20 minutes later. The new company told me that they cannot offer insurance because I had a claim at this moment with my actual insurance company. It looks like they call each other between. Is this legal. Will I be able to get another insurance policy with a different company while my insurance is still in the process of buy out the claim from the other driver?
Thank you
May 18th, 2016 at 11:55 pm #mark durfee

Hello, i was rear ended four months ago and my car was totaled by the at-fault drivers ins. company (Progressive) inspector. the driver had the minimum coverage here in CA ($5,000) and to replace my car is $6,400. I was also pushed into the car in front of me or i should say flew into. After that car was repaired it left only $3,600 for my part, not coming close to replacing my car. I carried only PL & PD so my ins. company wouldn’t cover the remaining cost on my vehicle.

I settled for the lesser of two evils and accepted the $3,600 (also got to keep my totaled vehicle, great!) How long should it take the ins. company to pay me the $3,600? I signed a property damage declaration two months ago and still haven’t received a check. They keep sending letters stating the matter is still under investigation. The accident report from the CHP makes it very clear their driver was at-fault 100%.

Can i take the insurance company to small claims court for the money and seek damages also. I’m really tempted to do so. This whole matter has set me back quite a bit. Four months seems like quite a long time to settle the property damage issue.

Thank You very much for any info you might give.
May 25th, 2016 at 3:44 pm #Jason

Jorge,
Yes, insurance companies can and do communicate with each other all the time. Keep shopping for an insurance company. You can look at the link at the top of this page that is marked Best and Worst Rated Insurance Companies. Do some research and find an insurance company that you trust.
May 25th, 2016 at 3:59 pm #Jason

Mark,
Cars are ground vehicles and cannot fly, even if rear-ended. You were pushed into the car in front of you and your car did not become airborne.

You accepted their offer of $3600 by keeping your car and accepting their offer. In order to sue the other driver, you would need to rescind your acceptance of their offer and then sue the other driver for $6400. (His insurance company would then substitute itself in place of their insured and become the party you are suing.) What you do is entirely up to you.
May 26th, 2016 at 11:42 am #Tom

Homeowners vs Autos vs RV’s:

On the H/O side of the fence lives an understanding that say, Hail “totals” a home’s roof, it will be replaced by an Ins Co. (Applicable In-Force Policy understood…) On a “total loss” house fire, they may either Repair or Replace the damage. If bad enough, they may elect to pay out Policy Limits. But they can NOT take your property and Re-Sell it!!!!

On the Auto side of the Fence you pay premiums to be compensated for your damage. However, IF an Ins Co declares the auto a “Total Loss” (per the ACV of your vehicle), they get to OWN your vehicle and have the right to take it from you in a move called “Salvage”! Bye Bye my auto….

No somewhere in the woods lives an Insured who lives in a fiberglass 5th wheel with 3 slide-outs and has chosen to LIVE in their RV on a Full Time Basis. For all practical purposes, it IS their HOME! One day a Hail Storm shows up and damages the Roof, 2 Roof Top AC “Covers”, a Vent “Lid”, a Tail Lamp and a Marker (running) Light Lens. Current List Value is over $34,000. LOW COST = about $6,300 (Base Price). Options = $7,195. Total value = $13, 495. Ins Co says the Insured cannot be paid for the “Options” cost so they are Totaling the Unit on the $6,300 figure. RV was insured for $19,000. Adjuster estimate was $11,000. In TX, I read where the “Threshold” for “Totaling” a Loss is 100%.

I could understand if the RV had rolled down the side of a hill and/or a windstorm “racked” the structural walls, but being totaled for a Roof Replacement only???? Whatever happened to an Insured being Indemnified for their loss and put back to their original, or better, position BEFORE the Loss Occurred????

Therefore, if the Total Value is $13,495, HOW is an $11,000 Loss equal to a “Total Loss” when the State’s Threshold is 100%? AND, since the Ins Co NEVER contributed ONE Penny to the RV’s Maintenance, Upgrading, Purchase Price and ONLY the Insured is on the Title, What give the Ins Co the right to “TAKE” that Insured’s “HOME” away (Insd can NOT replace the quality of their RV for the small amount given) and make it THEIR Own???? Then, have the right to make cheap repair and resale for a profit and/or sell it to get THEIR money back at some auction? Meanwhile, the Ins’d is “put out on the street” and can no longer live near the expense they once did?

In the event of a “Total Loss” to an RV where an Insured “lives” in it “Full Time” as their Home, why wouldn’t the Ins Co pay for the damage caused by the “Covered Peril” up to, the ACV of the RV then walk away leaving the Insured with the repairs to be made for what they were paid? NOT, take their RV away and render them “Homeless”!

What about the Insured getting THEIR Investment back? What about the Insured being Indemnified for their loss and put back to their original, or better, position BEFORE the Loss Occurred???? Is Auto or Recreational Vehicle Policies a “License to Steal” from the Consumer? Why is this information PROVIDED upfront from Agents or the Company?

What can an insured reasonable expect and what can they do?
May 27th, 2016 at 10:24 am #Heather

My daughter recently got into a minor accident. We took her car to the body shop and got an estimate for 1811.00 A few days later the adjuster came by and his estimate was 2375.00 They wrote her a check for 1375 (minusing the 1k deductible) and we took the car to the shop with the 1811 estimate to do the work. The shop owner asked my daughter for a copy of the insurance estimate. She gave it to him.
They called today and said the car is ready, I asked for the final total and he says “2375” – I told him that is crazy, his estimate was 1811. He says, by law since we went through insurance he has to fix everything as per the adjusters estimate because there is a lienholder. Is this true? His shop is in no way affiliated with the insurance or the lienholder, we chose the shop independently. I feel like he screwing us now because he knows what the insurance adjuster “paid out” and he wants all of it.
May 29th, 2016 at 7:40 am #Jason

Tom,
People live in their cars too but trailers, mobile homes, etc. are handled the same way. The insurance company will pay the lower of the cost to repair or total it. The cost of totaling it takes into account the money they expect to receive from the vehicle’s salvage value.

When a vehicle or trailer is totaled, the owner has the right of first refusal – this simply means they can buy the vehicle or trailer back from the insurance company for the salvage value.
May 29th, 2016 at 8:13 am #Jason

Heather,
You informed the body shop what the damage was based upon your insurance company’s estimate of damage. The body shop should receive adequate funds to cover their parts, labor, materials, and paint for your car’s repair. You had indicated your deductible is $1000, not $564 so everything is now in order.
June 10th, 2016 at 12:58 pm #robert

Hi my name is Robert and i was recently rear-ended in Kansas. I had no insurance at the time of the accident. The vehicle behind me ran into me, then was struck again leading it to hit me again. State farm claims 0 liability passing the buck too the third car citing a police report stating their driver made his stop. That company american national, claims only 50 percent liability citing my statement to them that i was struck twice.

Neither insurance company will budge so im stuck getting 50 percent of my vehicles value since american national’s appraiser said it was a total loss. That doesn’t seem right, what can i do? i just want my cars full value.
June 10th, 2016 at 7:43 pm #Jason

Robert,
You can accept the 50% offer from american national. You other option is below.

If you want to go further, you would have to sue the state farm driver for the other 50%. But technically, you would have to sue both drivers in case it is determined the rear-most driver caused 100% of your damage. It will be a word for word case but the result should be a total of 100% for you if you prevail in your case. Suing more than 1 person is generally not much more expensive than suing 1 person.
June 11th, 2016 at 7:17 pm #Jack went

Truck hot stuck in mud asked the car lot if they would help get it out he said yea and agreed to bring it to my house the next day they get it out and I watch it go down the road the car lot took off with the truck called police olive filed report insurance got called we released it to the insurance 2 weeks went by first adjuster called and said 5500 now sign the total loss papers we refused we wanted our mechanic to look at it as nother week went by a second a adjuster said same thing the next week talked to second adjuster she said they had a estimate and that the truck has been at an auction I called auction they told us that somebody else released it to insurance and that a settlement had been agreed upon I told him no sir we trying to find out why ita 5500 insurance had it for over a month and before they took the truck I just made payment during the time insurance had truck I tried to contact car lot no response now they took it again saying we missed payment and insurance said they were getting a check car lot said no insurance said car lot got the truck car lot said no insurance said all I had to do was pay the payment car lot said they want 11,595 dollars and I can get truck back it’s not all of the story and everything and everybody involved but a m i getting braided by insurance or car lot or both don’t know what to do car lot already got 4000 from me
June 15th, 2016 at 5:36 pm #Jason

Jack,
Write a legible post with an insurance question. Use punctuation and make it readable. I won’t read such a careless post with such lack of sentence structure.
June 16th, 2016 at 2:22 pm #Joyce

We were recently in an accident, which occurred on a dirt road. We were backing out of a driveway and hit by a car. We were barely out of the driveway and she was on our side of the road. The other party was issue a citation for “Operating vehicle at speed greater than reasonable not proper”,
and in the police report it stated that the other party was operating in an unsafe manner and that no improper action was taken on our part. The insurance claims dept decided we were 60% at fault. How can that be? they said anytime you are backing into a roadway it is your responsibility to yield and I agree with that, we did but like I said she was speeding and on our side of road. They are saying that because it is a dirt road that it doesnt matter she was left of center. Is there anything I can do to fight this decision? I really don’t understand how if she got the citation and was said to be driving unsafe and we did nothing improper they can find us more at fault!
June 16th, 2016 at 5:48 pm #Jason

Joyce,
Claim decisions which are agreed upon by the adjusters involving 2 parties are final. As I’ve already responded to you by e-mail, I agree with the fault decision.

A safe and reasonable exit from your driveway would be to not enter the roadway until the other vehicle had passed your driveway. No reasonable person would have backed onto a dirt road until traffic from any direction was clear. Had you not entered the roadway when you did, the accident would not have occurred.

There is no center on a dirt road. The police officer should have considered an Unsafe backing citation. One State considers unsafe or illegal backing as any kind of backing that is unsafe for the driver, other drivers on the road, or that interferes with traffic.

Another state law indicates, “The driver of a vehicle may not back the vehicle unless such movement can be made with safety and without interfering with other traffic.”

In most states, the operative part of unsafe backing is “interference with traffic”. You will have to realize that you cannot safely join traffic if you unsafely back your car as to result in an accident.
June 17th, 2016 at 7:57 am #Melissa

Can a spouse legally cash and spent an insurance claim check to replace roof without the other party made aware? Now they must sell the house and the “unaware” spouse must pay out of pocket before the house can be place on the market. What should he do?

Thanks!
June 20th, 2016 at 10:52 am #samantha

I was recently hit in my apartment parking lot. another driver in a truck ahead of me was turning into one spot to reverse into another, so I came to a complete stop to let him reverse into the desired spot. Unfortunately, he made to wide a turn and hit the front of my car with the back tire on his drivers side. He has admitted to me and his insurance company that he did not see me, did not look at his side view mirrors or rear view mirror and backed into the spot and hit me, however, he is also apparently stating to them that I was moving/in motion. Which 1)I was not and 2)it kind of contradicts the fact that he never saw me. His insurance has denied my claim and unfortunately I cannot get in touch with a witness. What should I do?
June 21st, 2016 at 5:57 pm #Jodi

I was involved in a car accident about 3 weeks ago in which I was rear-ended by another driver and the accident was deemed their fault in the police report. My car is and 1999 with over a hundred and fifty thousand miles on it and it did a lot of damage to my car it looks like the quarter panels are buckled the trunk won’t even open it ruined spare tire carrier and in my opinion the car will be considered a total loss. The problem is I have not been able to get my insurance company( I live in Florida in a no-fault state) to look at my car putting in complaints and have yet to have them look at it it’s been 3 weeks. Ever since the accident my car has been completely acting up stalling in hard to start check engine light has been on. My question is if they consider this a total loss will the amount offer me be for less ssince its not running now n say it needs a new starter or alternator just as an example? I’m trying to figure out if it’s even worth me trying to fix these parts because I’m having trouble figuring out what the problem is but don’t know if it’s going to affect my Offer. How about if the AC doesn’t work? Does that come into play what the car is worth? Thanks!!
June 21st, 2016 at 6:08 pm #Jodi

I was involved in a car accident where I was rear-ended and the other driver was deemed at fault. I have an older 1999 vehicle with over 150000 miles on it and believe it will be considered a total loss. The problem is I haven’t been able to get my insurance company to come out and inspect the car ( I live in Florida which is a no-fault state) although I have uploaded pictures and filed a claim over two and a half weeks ago. My question is my car has been giving me trouble ever since the accident stalling out and having trouble starting the check engine light is now on and now the vehicle won’t start at all and I am wondering if they consider my car total loss if they will offer me less because the car isn’t running now and say for example it needs a starter or alternator as example will that come into play with my offer? How about if the AC doesn’t work? My car was obviously running fine when I got in the accident and I believe it due to the accident why it’s not now I’m just trying to figure out if I should get this fixed before I have the insurance company come out or not because my son has been pulling parts and we cannot figure out what’s wrong with it I just don’t want to be offered less because it’s not running! Thank u!
June 21st, 2016 at 7:08 pm #Jason

Melisa,
A spouse can do anything individually for the other spouse. A marriage creates and entity consisting of two people who can act individually on behalf of the marriage.
June 21st, 2016 at 7:17 pm #Jason

Samantha,
File a claim with your insurance company if you have collision coverage.
June 21st, 2016 at 7:49 pm #Jason

Jodi,
Your vehicle’s condition is determined just before an accident occurs when a claim is made. It is very unlikely a check engine light will come on due to a vehicle being rear-ended. AC sometimes works on cars that are over 15 years old, but not always. The AC should have no impact on the vehicles value.
June 22nd, 2016 at 2:00 am #Betty

HI, I went to make my monthly payment to my car insurance office, and the person there told me that my rate went from $80.00 dollars to $ 113 She told me because I had to renew my contract, which I understand, then she told me another price that went up to $129.00 dollars telling me that they were charging a life insurance quote that I didn’t even know about it. She told me that they had been charging me that for a while, nobody ever told me about it. She also told me that there should be a beneficiary 18 years or older, and of course there wasn’t anybody because I was never told about that. I asked her what would have happen if something happen to me and with no beneficiary, where would that money go? she just told me, to the company (car insurance company). Is there something I can do about that? is that consider a fraud? I will appreciate your help. Thank you for your time.
June 22nd, 2016 at 2:45 pm #BRANDI BRONAS

HI,
MY HUSBAND WAS HIT BY A CAR AND IT WAS A HIT AND RUN. BECAUSE I HAVE UNISURED MOTORISTS ITS COVERED BY MY AUTO INSURANCE. HOWEVER HE WENT BEHIND MY BACK AND RETAINED A LAWYER BECAUSE HIS LAWYER THAT HE HAS FOR ANOTHER CASE TOLD HIM THAT HE WOULD NEED AN ATTORNEY. BUT I HAD ALREADY STARTED TALKING TO THE INSURANCE . HOWVER HIS ATTORNEY HAS TOLD HIM NOW THAT HE CANT DROP HIM FROM BEING AN ATTORNEY. IVE ALREADY DONE ALL THE FOOT WORK AND GOT THEM ALL THE INFORMATION . I WANT TO KNOW IN NEVADA IF IT IS LEGAL FOR HIM TO RETAIN AN ATTORNEY WHEN HE IS NOT THE POLICY HOLDER I AM . HE IS JUST LISTED AS A DRIVER . ALSO THE INSURANCE COMPANY WAS WRITING THE CHECK OUT TO ME AND HIM SINCE IM POLICY HOLDER AND NOW THE ATTY TOLD HIM THE CHECK WILL ONLY BE OUT TO HIM. HOW IS THAT POSSIBLE. PLEASE HELP
June 23rd, 2016 at 1:12 am #Mary

My Daughter was parked at work and a tractor trailer backed into her car, and jack knifed. He was given a ticket and shouldn’t have been around her car at all. We are in TN. She wants the car repaired as it’s immaculate plus sentimental (a deceased relative paid part of it for her when it was new), her first car- although a 2007. She’s added upgrades, always parks at the end of parking lot so no door dings on it. She just bought new tires and a $3000 extended car warranty. The ones in the shape of her car are around $10,000.00. Would she be able to add the extended warranty and tires to boost up the value? Repairs are around $6000.00 so close to totaling it 🙁 . Also in TN can she file a claim for diminished value if they pay to repair or total it? What other things could be added to prevent it being totaled? She’s had to clock out of work as cried for 2 days on and off. Thank you for any help! We probably will here from them today.. Please help :-))
June 24th, 2016 at 7:30 pm #Jason

Betty,
Pay more attention to the contracts and relationships to which you enter. Wat you are describing has nothing to do with insurance but the acceptance or declination of insurance coverage you received.
June 24th, 2016 at 7:41 pm #Jason

Brandi,
Anybody can do anything they want. Why don’t you talk to your husband to make sure you both understand what is gong on?
June 25th, 2016 at 6:20 am #Jason

Mary,
Sentimental value doesn’t increase the market value of a vehicle. Cars need their tires replaced periodically – the tire condition doesn’t have much of have an impact on a vehicle’s value. She should cancel the extended warranty on the car and request a prorated refund.

You may have an over-inflated value expectation of your daughter’s 10 year old vehicle. Just based on the limited information you provided, the car appears to be totaled.

If the car is not totaled, you can make a diminished value claim. It would be your daughter’s burden to prove any loss of value. If the vehicle is totaled, diminished value doesn’t apply.
June 26th, 2016 at 5:25 pm #Walter

I have not used this but once and got not response. So please tell me if I need to do something different to get a response.

I had to sue my insurer on an auto policy AAA due to their handling of my claim for many reasons – not following the insurance code etc. Also the shop which was to do the repairs did not do them and negotiated the two party check without my signature. This was my insurance coverage issuance. My insurer had be complete an affidavit of forgery and they submitted it and unbeknownst to me collected from the bank. They did not disclose this during our discussion of my claims and settlement of the claim. This is the first bad faith action. They recovered my money did not tell me and then negotiated with me. Am I correct here in this is clearly a bad faith action. Second issue, I was suing the repair shop and planned to include the bank to recover other damages, I asked for this information from my insurance company to pursue the other parties – I the insured, asked my insurer for cooperation to seek indemnification – they are refusing to give me the information under the guise I sued them and should have subpoenaed it. Am I missing something here – I am asking my insurance company to cooperate so I may recover damages suffered under a claim – This is another bad faith action – They seem to have disregarded their duty to me as an insured – and I am still insured by them – Does anyone else see what I am talking about?
June 27th, 2016 at 1:27 pm #Karen

I was driving my daughters motorcycle and wiped out. The damage to the bike was not significant. The insurance company issued the check to my daughter and the lienholder. She got the loan through the dealer and the bank is located 1 1/2 hours away from us. The insurance company said that she needed to go to the bank for them to endorse it. She went to the bank to get the check endorsed and they said they cant do it, that they require proof of the repairs. We were planning on doing the repairs ourselves, which means another day off and another 3 hour drive. Is it legal for them to require proof of repairs before they will endorse the funds for us to get the money.
June 27th, 2016 at 8:42 pm #Jason

Walter,
You have pointed out nothing about your interaction with your insurance company even coming close to bad faith.

Your insurance company has no duty to cooperate with you. You have a cooperation duty to your insurance company regarding a claim but they have no duty to you.

They don’t care if you are still insured with them. If you want information from them, you will need a valid reason to subpoena it, and likely your subpoena will be rejected since you can obtain the information you are seeking from another way other than your insurance company.

In summary, your insurance company has no duty to you.
June 27th, 2016 at 8:47 pm #Jason

Karen,
You are asking about the requirements of your daughter’s lender. Lending has nothing to do with insurance.

Despite it not being insurance related, your daughter’s bank is using an undamaged cycle as collateral for its loan. In order for the bank’s position to be protected, the collateral should be repaired to an undamaged state.

Don’t take any time off to take a check to the bank. Use the post office and put a stamp on it. It may take a few days to send and receive it back but then no travel time or days off are needed.
June 28th, 2016 at 12:27 pm #Ray

Hello, thanks in advance for any response. I was in a pretty bad auto accident over 3 months back. Where i was the passenger of my own vehicle abd my full coverage insurance. I believe we rear ended another car that had been driving reckless and passes around us. My friend that was driving my car because of a terrible migraine I had. Ended up rear ending the car that also left the scene. I have to go after my oown insurance for pain and suffering. They paid the lien holder of the car that I had just bought.which they say I still owe them some money. But my q is after 3 months my insurance company wants to an investigation and an interview of me. Why so late and what for?
June 28th, 2016 at 6:13 pm #Jason

Ray,
To establish the facts of the accident, including the events that lead up the accident, the accident details itself, and what transpired after the accident. There are a number of unanswered items in your post and I would want to know the details before closing the claim for good.

For example, I would want to establish the condition, and liability of the driver of your vehicle as it relates to any injury he may have caused to anyone – including the insurance company that may provide his liability insurance.

Another question I would want answered is why your friend was driving your car while you were incapacitated instead of your friend driving his vehicle.

These are just a couple of questions that need to be addressed to fully address your claim and the circumstances around it.
June 29th, 2016 at 1:44 pm #Seth

I was in an accident in January of 2016. I took my car to get it repaired through my insurance. They repaired it, and I went on with my life and my repaired car. Recently, in June of this year, 2016, I had a small accident and had to take it back. At this time, the same shop that did the repairs before noticed that they should have totaled it back in January, but missed the fact that the frame was warped and had caused enough damage to consider the car totaled. This means I was driving around a car that should have been totaled, which in my eyes is quite dangerous even if the car is drivable. Is there any legal recourse I could take with this seeing as it was their fault they missed the damage that should have caused the car to have been totaled and had me driving around in an unsafe car?
June 29th, 2016 at 1:59 pm #Seth

Also, I did have them repair the car in January to the tune of $8000 which my insurance covered. Do you think that they will try to say that they’ll pay me the “actual cash value” minus the repairs even though it was their fault that they missed the fact it was totaled?
June 30th, 2016 at 10:28 am #Curt Juma

Two months ago I was involved in a MVA. It was NOT my fault and the kid who hit me did NOT have insurance. I had full coverage to include PIP and UIM. My treatment/diagnostic was about 75% done when my PIP ran out. I was scheduled to have an MRI but it was cancelled. I am 100% VA Service Connected and the VA is the ONLY health insure I have. However, according to them, the MRI won’t be authorized because it was an MVA. What do you do when you need more treatment and diagnostic but have no more PIP and your private insurance wont help?
July 2nd, 2016 at 5:46 am #Jason

Curt,
If you need medical treatment, you get medical treatment. Medical treatment is not determined by who or what organization pays for it. If you aren’t getting the treatment, regardless who pays for it, it doesn’t appear to be needed. If you need the treatment, get it, and pay for it.
July 2nd, 2016 at 5:59 am #Jason

Seth,
You can’t undo what has already been done. Your car was repaired and you drove it until you had another accident. The shop noticed damage to the frame structure, but I have no idea if that is due to the Jan. accident, this one, or something else. Body shops don’t total anything, insurance companies do.

Driving a car, with or without a bent frame structure can be dangerous. You want to know if you can hold someone responsible for not inspecting the car well enough after it was returned to you in a repaired condition. That would be the car owner’s oversight.

I don’t speculate what an insurance company will do under the circumstances of your prior claim and the current one.
July 6th, 2016 at 7:49 pm #Justine

Hello. I was involved in an accident. I was struck by two trucks and not at fault. I was injured in the accident and was taken to the hospital. My injuries included shoulder surgery and extensive physical therapy. My vehicle was totaled. The at fault parties insurance paid for my vehicle. I was not insured at the time of loss, but living with my parents that are both fully covered. I was told I could file for medical coverage under my parents policies for medical payments. Is this true? I reside in Alabama. Does my not having insurance greatly affect my settlement outcome?
July 8th, 2016 at 8:01 pm #Lauren

We had our roof replaced in April. We had damage from a snow storm in February. They agreed to replace 75% of our roof and not the rest. We did not agree with this assessment and requested to have a different adjuster come to look at roof with a contractor present (as we knew there had been more damage that they missed the first time). In the mean time of waiting on the other adjuster to come over we had a wind storm that damaged more of the roof, damage which was already there shingles pulling up during wind and such but not obvious if not windy. They ended up agreeing to charge us two deductibles and two claims. We had a quote for 38 squares for roof. Since we had to do two claims we had a friend replace the roof for a lower price to help with the price of two deductibles. We bought the materials our selves and paid the friend labor. We ended up needing three extra squares to finish roof. Which we paid for. When the insurance company went to give us our final check on the second claim they are shorting us money and not giving us the total amount our roof is worth by about $1200 short because we paid lower price for the replacement than actually quoted. is this normal? Should we fight for the extra money we are owed for what our roof replacement is actually worth or do they just pay us what we pay minus two deductibles?
July 9th, 2016 at 8:46 am #Jason

Justine,
You have two things that will/could happen. The first involves the at fault driver(s). They will attempt to settle with you for your injuries with a lump sum, one-time, monetary amount that they will pay you in exchange for your signature on a release. This may take some time because it usually will take place when all your medical costs are known, you’re healed, and your injury claim value can be calculated.

In the meantime before the bodily injury claim is settled, unless you pay your medical bills out of pocket, or leave them unpaid until you can pay them off with your settlement funds, you might want to have them paid by your parents medical insurance. It’s very likely if you live(d) with your folks at the time of the accident that you could receive medical coverage via one of their policies.

By not having insurance, it will have little effect on the ultimate settlement outcome.
July 9th, 2016 at 8:55 am #Jason

Lauren,
I don’t know if you are owed any additional amount. If your deductible is $500 and the total of both claims before deductible is $10,000 (assuming your entire roof is considered damaged), the most you should get from your insurance company is the total cost of labor and materials you paid for, not to exceed $9000.

You already established what your roof replacement is worth when you had it done by your friend.
July 19th, 2016 at 8:57 pm #justin

the insurance company wants to total my car ..an 86 olds cutlass lowrider heavily modified with 11000 in receipts I was hit by a uninsured motorist I have full coverage with uninsured motorists and 5000 in custom parts insurance through progressive the repair cost is 2900 they want to total it and give me a little over 2000 after I submitted my 11000 receipts they raised there offer 25 how is this right is there anything I can do to make them fix it
July 22nd, 2016 at 4:25 pm #Jason

Justin,
Your car is being totaled. You have to negotiate the most for your car based on it’s fair market value. A $2000 car with $11,000 of parts and labor stuck into it will not increase the $2000 car’s value much, it at all.
July 23rd, 2016 at 1:44 am #joe

My car was being towed by AAA and while it was in tow driving down the street the tire fell off. It damage the front passenger side wheel well, brakes, front bumper, side fender, etc. It only took them 3 hours and countless phone calls from me for them to finally tell me what happen. They originally said there tow truck broke down and the car would be there shortly. I got them to admit fault and to be honest I think they only reason they did was because they could not find the tire. That brings me to the insurance adjuster…

AAA turn the case over to there insurance. After 4 or 5 days I finally received a call from and adjuster. She seemed nice at first… Offered me a rental car right away and said they would have an appraiser come look at the car. I had the car towed to it original destination which was a repair shop I was getting some other work done. The appraiser showed up… Did what he had to do and left very quickly. This is where it starts going bad…

I have been in close contact with the mechanic via text and calls.

He talk to the appraiser for maybe 5 mins at most when he was there appraising the damages. The following day I receive and email from the adjuster with the appraisal. After I review it… He left off so many damage parts. The only parts that were on the estimate were body parts and the missing wheel. He completely left off the brakes, pad, tire rod, and about 5 other essential parts that were the most damaged.

I email the adjuster back and told her about all the missing part. She said she would contact the appraiser. I received a call from the appraiser about 20 mins later. He said oh yeah, I forgot to put that on the estimate. I will re-submit it.

Two days go by… No estimate. I email the adjuster asking if she could send me the new estimate. Her response “No sir not yet. Regardless, and I will call the shop, if the damage is accident related we will pay for those damages”

I wasn’t sure how to respond so I waited another day…

The next day I emailed again…. “Do you have the new estimate?

” Her response “No sir, I just followed up with him again”

About 20 mins later I get an email from her ” I spoke to the appraiser and he was out there and he and the shop agreed on the missing items – you are good to go. It will be a supplement as previously explained. I am going to go ahead and issue the initial payment to the shop. The appraiser and the shop have communicated – yesterday – He’s been out three extra times. Thank you and have a good weekend”

I was in shock!!! I don’t even know what the estimate is. Remember, the mechanic (is the shop she is referring to) and I have been talking continuously. The mechanic text me if he need to open the glove box. (That’s a joke but I hope yo get that) There is no way in hell that he would have approved anything. He only talked to the appraiser for less than 5 mins the first and only time the appraiser showed up. Its not a big shop. The mechanic was pissed when I showed him the email the adjuster sent me. He doesn’t normally do insurance claims but said he would because I was already having the car worked on anyway and now he doesn’t want anything to do with this.

The appraiser has completely lied!!! I don’t know how the adjuster can even issue anything without MY approval or knowledge of what the damages are. I don’t even know how much the check is for or what’s included in it.

I emailed the adjuster back and said”Do not do anything until you talk to me first!!” I could have easily unleashed in that email but I held back and that’s all I said. I tried calling her but she has not returned my call yet.

I really need some guidance please… I feel like they are trying to pull a fast one on me and hope I make a mistake but to be honest it sounds like they are in breach of good faith and fair dealing law…

Anyway thanks for listing and I hope to hear from you…
July 24th, 2016 at 7:23 am #Jason

Joe,
Rest assured, nobody is in violation of good faith or fair dealing laws.

Some parts were missed and they were added. Sure you didn’t get a revised copy of the estimate, but there is one. Either get it from your mechanic or the insurance company. The dollar amount of damage should not matter – just as long as your car gets fixed to its pre-loss condition.

If you don’t want to continue dealing with the tow company’s insurance company, submit a claim to your insurance company so you can deal with your insurance company rather than the tow company’s insurance company.
July 30th, 2016 at 9:10 pm #Karen

Insurance is in my name with my daughter as a driver. My 20 year old daughter was hit in an accident, car was totaled. The other driver had no insurance, so my uninsured interest took over. The claim check was made out to daughter, is it legal. If it is my name on the insurance, why was the check made out to my daughter?
July 31st, 2016 at 7:23 am #Jason

Karen,
Putting a name on a check is never an illegal activity – even if an incorrect name is put on the check.

Instead of asking me, you should ask your insurance company why your daughter’s name was put on the check. They did it so they would know a lot more than me about what they did.
July 31st, 2016 at 8:05 am #Jason

Karen,
Uninsured motorist insurance is generally for injuries to the driver/passenger of the car struck by the uninsured driver.

In some cases uninsured motorist insurance can apply to the vehicle that was struck by the uninsured driver but collision coverage will generally be required first and the coverage will appear on your declaration page as uninsured motorist – property damage. You didn’t provide enough information to determine if the check is for your daughter’s injuries or for your car. If the check is for injuries, your name would not be anywhere near the check. Again, check with your insurance company so you can make sense of the claim.
August 1st, 2016 at 1:49 am #Gaby

My husband drives a company car that is leased and insured through his employer. It is extremely rare that I ever get the chance to drive it. Today was one of those rare days and unfortunately I accidentally hit a fire hydrant in a hospital parking lot. The damage to the passenger door is pretty bad even though I had barely driven 4 feet at a very slow speed. Honestly I was afraid of how my husband was going to react especially since I was at fault. I panicked and lied about what happened. I said it happened in a Walmart parking lot while I was in the store. I told him I asked someone who looked like an employee on break if he saw what happened. I explained that he didn’t see what happened but that he heard a loud noise and saw a red vehicle speed away from a distance. I also added that he thought the outdoor security cameras were down and that either way I didn’t want to draw attention to myself at the risk of having to file a police report. Reason being that I am not insured on his car. When I got home my husband asked if the red vehicle that sped away had a trailer or something attached because the damage didn’t look like it could be caused by someone just hitting it with just the front of their car. The damage is a big inward dent located between the front and back door. The dent is down to the metal and takes up a little less than half the door. He angrily questioned me on every tiny detail. Even though he is reluctant to believe me and clearly suspects I’m lying about something, I continue to stick to my story. I’m afraid it will make him angrier if he knew for sure I was at fault. He filed a police report right away and gave the same story I gave him. I feel like it’s too far gone to come clean now and would only count against me with the insurance and my husband. I’m wondering how hard it’s going to be to convince the insurance company of our story. Also I wonder how hard they will try to discredit or accept our claim and if they will contact Walmart about the security cameras. I also worry if they can use the on-star system to discredit us somehow even though the small collision didn’t set off any alerts through On-Star. Any helpful knowledge or opinion would be greatly appreciated. Thank you.
August 1st, 2016 at 1:36 pm #Latoya

Seven month ago there was a horrific fire caused by next door neighbor that spread over to my apartment causing me to loose everything. two months later I filed a liability claim with their insurance company (State farm) to regain all my daughter and I lost. After back and fourth emails, letters all they asked me to provide, I was told “today” that their private investigator came back saying the fire caused by their insurer is unknown and therefore my liability claim as been denied.

My heart is hurting because why would you denied my claim when clearly this fire was caused by their insurer and clearly someone should pay for my damages . Before I get a lawyer, can I fight state farm? should I leave it along and move on? How can I fight this?

Thank you so much to anyone who will response.
August 3rd, 2016 at 9:46 am #Ben Watters

a state farm driver backed out of her driveway and hit my boat I was towing behind my truck they will not pay to fix it saying they cannot find a comp. anything I can do to get them to pay to fix it? it was deemed her fault
August 3rd, 2016 at 6:46 pm #Jason

Gaby,
You are neck-deep in fraud and I don’t provide any information for those involved in fraud.
August 3rd, 2016 at 6:54 pm #Jason

Latoya,
If someone is not the cause for a fire that starts in their unit, that person is not responsible to take care of your loss. The one who should take care of you is yourself. If you have renters insurance, file a claim with your insurance company. If you don’t have insurance, you experienced a self-insured loss.

You indicate someone should pay for your damages – If you have no insurance, that person should be you.

Don’t waste your money for an attorney. Don’t fight state farm because they owe you nothing. Move on.
August 3rd, 2016 at 7:04 pm #Jason

Ben,
File a claim with your boat insurer. I don’t understand the dilemma. If your boat is damaged, state farm needs an estimate, not a comp.
August 4th, 2016 at 6:22 pm #Robert Pittenger

We had water seepage in our basement and the carrier first said the claim would be paid and sent out an adjuster. The adjuster came out and said that the wording “seepage” in the policy did NOT apply, because this was not a back-up. I complained the company and they sent the adjuster back out and he said that because he could not determine where the seepage was from, it could have come from back-up and then paid the claim.

Now the carrier is saying the insurance company wants to know what I did to mitigate the problem.

Can a insurance company demand that I answer such an inquiry?
August 5th, 2016 at 10:07 am #vanessa

I took my car to the shop to have the transmission fixed. The shop charged me the cost of fixing it and told me at the end any changes would be adjusted when I picked up my car. The day i was supposed to pick up my car the owner of the shop called me indicating that they fixed my transmission but while the mechanic was testing driving the car he got into an accident. Now my car is wrecked according to his insurance. Am i still responsible for paying for the transmission? I didn’t get to test drive my car or have any prove that it was fixed except his phone call?

How does this work? Now i get kelly book value but I am down 2000 for a transmission or a car.
August 5th, 2016 at 9:29 pm #Jason

vanessa,
Your concern with the body shop about your transmission work is not insurance related. You had them repair your transmission and apparently they repaired your transmission. Maybe you can ask them to waive their work fees relating to your transmission based on the fact they totaled your car.
August 5th, 2016 at 9:34 pm #Jason

Robert,
You are required by your insurance policy to take action to reduce any further damage once you discover damage has occurred. Why don’t you tell them what you did to mitigate the damage rather than getting to the level where they demand you answer the question concerning your duty as an insured, as outlined in your insurance policy?
August 7th, 2016 at 2:08 pm #Vanessa

Jason, But Am i entitled legally to anything? They claim they fixed the transmission but I can’t test drive my car to see if it’s true. They wrecked my car. Can i legally take them to small claim court? It doesn’t seem like the mechanics is looking to help me with anything and their insurance company is not taking into account all the money i just spent fixing my car. I prepay for my transmission and the shop owner attitude is that my transmission was fixed and I paid for it already and the work was performed. But it was his mechanic that had the accident and wrecked my car. I didn’t get to pick up my car or drive it or verify that my transmission was fixed because the same day I was going to pick it up the shop’s mechanic got into an accident with my car. So i am down almost $3,000 after fixing the transmission and just finished paying another mechanic for the alternator and battery and a wrecked car that I can’t drive and have to buy another car which I wasn’t looking to do. I am not going to get the same value i just put into my car. That doesn’t seem fair. What can I legally do if the shop owner is not willing to help or do the right thing?
August 8th, 2016 at 7:07 pm #Jason

Vanessa,
No, you are not entitled to anything. You had a vehicle that did not drive because it had transmission problems.

Think about your situation. You had a worthless car because it would not move. You agreed to have it fixed for a certain dollar amount. The transmission was fixed and proof of that is that it was on the road moving with a repaired transmission. While it was moving because of a repaired transmission, it was involved in car accident and totaled. Your car was repaired and you owe for it’s repair. Remember, before it was repaired, it was essentially worthless.

Now that it’s repaired, you are being paid for it’s total loss (with a working transmission). You are being entirely compensated for your loss.

Don’t even think about taking them to small claims court because they did nothing wrong. You might say they totaled your car but they are also paying for your car because of their accident. If you think you are entitled to a brand new vehicle, you are gravely mistaken.

Who cares if you are down $3000? That is the cost for which you agreed to have your transmission repaired. You are being paid for a totaled car with a functioning transmission. If the transmission wasn’t working and it was totaled, you would be paid significantly less.

Who cares if you paid for an alternator and a battery? That has nothing to do with this situation. That’s called regular maintenance and is the cost of owning a car.

So what if you didn’t plan on replacing this car. Life happens and you have to adjust to what happens.

Finally, the shop did the right thing. They helped out as much as they are legally responsible. It’s completely fair. Stop with the entitlement attitude.
August 11th, 2016 at 5:08 pm #Nick

My car was hit and there was damage to the passenger side and hood of the car which the damage happened at the same point in time. My insurance company said I have to make 2 separate claim. But if the damage happened from the same accident why wouldI make 2 claims.please help me out on how to fight them on making it 2 separate claims.
August 23rd, 2016 at 1:32 pm #Kaydee

I had an accident in a parking lot. Trying to park I bumped the car next to me. Instead of reporting it to my insurance I decided to pay for the damages. I did not tell the other person this. He went on to file a claim with his insurance. They have contacted me about the amount. So to determine if the amount is fair I have requested a copy of their photos of the vehicle, the evaluation report, invoice for the body work, and verification of the deductible that they are request I reimburse. Before I start making any payment I want to verify everything. Now the kicker is he is from California and the accident happened in Nevada. The insurance is saying they can’t send me any of the information I requested because California law states they can’t because it has their clients personal information on it. But we have already exchange our personal information. I would like to know if they can deny me a copy of the documents? I want a justification for the amount they are requesting for reimbursement.
August 23rd, 2016 at 6:45 pm #Jason

Kaydee,
They need to provide you with the amount of damage and for what accident. They owe you no other information. If you are responsible for it, pay it.

However, if you have insurance, turn it over to your insurance company and let them settle it for you. Your insurance company will find out about this accident, even if you are trying to keep it from them.
August 25th, 2016 at 9:02 am #Taylor

Hello,

My boyfriend sold his car last week via online listing to a man that paid with a fraudulent, albeit, really good cashier’s check. Insurance is now denying claim stating that because he “sold” the vehicle, it wasn’t technically stolen and that he would need to go fight it in civil court, assuming they find the man that gave him the fake check (all of the info he gave my boyfriend) was incorrect as well.

Any recommendations on how to get insurance to approve the claim? At the end of the day, the car was stolen as a lawful transaction never occurred.

Thanks!
August 25th, 2016 at 6:15 pm #Jason

Taylor,
Your boyfriend sold his vehicle to a worthless buyer who was not upfront and truthful about his fraudulent intent.

The vehicle was sold, not stolen and he needs to go to the buyer to get his vehicle back or the money he sold it for. His insurance has nothing to do with a civil transaction that went bad. No matter how you look at it, the car was not stolen, it was sold.
August 28th, 2016 at 2:00 am #Renee

Hello,

I have full coverage auto insurance on my car which has a rebuilt title . Now I am in a mess I wrecked my car and now insurance company says the claims department will not pay me for my car due to the rebuilt title and I showed the insurance guy my title when he signed me up. Can they do that after letting me pay premium prices for 9 months?? What are my rights here and what can I do?
August 28th, 2016 at 6:29 am #Jason

Renee,
You may not have understood what the insurance company will do. If you have full coverage for a salvaged car that is totaled, the insurance company will pay you the value of a car that has a salvaged title. You will not receive the value for a car that doesn’t have a salvaged title.
August 29th, 2016 at 8:09 pm #Rebecca

My mom was just admitted to the hospital tonight. She is not doing good. The doctor believes that her illness is caused from espests from her roof and water/mold from her roof falling in in one area of her home. We have been fighting with the insurance company To get it fixed. They told us her old insurance company was reliable. So we contacted them and they sent us paperwork stating the roof damage was caused by wind damage and that they will not replace the roof and that the new insurance is reliable. So my question is since now that my mom is in the hospital sick from this issue can we sue both companies for refusing to fix the roof and for medical bills? What are the laws that help us protect my mom from this? Please help.
August 30th, 2016 at 3:16 am #Jason

Rebecca,
No. If your mom’s home is damaged, your mom needs to get it fixed. The only thing her insurance company(s) would do is provide financial payment for any covered loss.

The insurance companies didn’t refuse to fix the roof, they merely refused to pay for the damage since it appears coverage did not fall under their policy, or the loss was not a covered cause of loss. The only person who refused to fix the damage was your mom. Homeowner insurance doesn’t pay for medical bills for their insureds. There are no laws to which you are referring.
September 5th, 2016 at 10:46 pm #Kevin

My car was parked someone back up into it causing 1900 dollars in damages. The insurance company’s issue me a check for 1200 dollars which is less than the repairs.
The insurance company told me upload picture and a estimate. Which I have done and spend my time going to a auto body shop and getting a quote. I have submitted it with the picture sent me a check for 700 less than the repairs coated.
Why they tell me to go to a auto body shop and get a quote for the damage if they not going to pay for it.
Keep in mind not my fault I was PARKED wasn’t even in the car at the time.
I don’t know what to do, any help will be helpful
Thanks, Kevin
September 6th, 2016 at 3:10 am #Jason

Kevin,
Have the car repaired and the body shop that repairs it will deal with the total amount that needs to be collected. Let the body shop know your situation and they will get it worked out for you and they will get your car repaired.
September 6th, 2016 at 4:09 pm #Prince

My car was involved in a accident with a company cement truck who is at fault. I’m dealing with their insurance and adjuster now, we have had one estimate for damages done which came out to $4000 and the highest value of my car on kbb.com is $2434. They are willing to pay for the damages to get fixed but I don’t want the car fixed I just want to be paid for the value of my car or be paid for the damages, what should I do?
September 6th, 2016 at 4:29 pm #Jason

Prince,
If they pay for the damages, take the settlement and don’t fix the car. If they decide to total your car, they may offer $2400 and then take possession of the car from you. If you don’t want the car, and you don’t want to fix it, then you will have to accept what they offer you as a cash settlement.
September 6th, 2016 at 4:42 pm #Prince

If I decide to have it fixed will the check be written to the auto body shop or me? Because from my understanding they are wanting to write the check to the auto body shop instead of me because so people get the car fixed for a cheaper price or keep the money which I thought was my option because it’s my property
September 6th, 2016 at 4:57 pm #Jason

Prince,
They should write the check to you. You own the property. No body shop owes your car so writing the check to a body shop makes no sense. You own the claim against the person who damaged your car, not the body shop.
September 7th, 2016 at 9:35 am #Nathon

Hello, my wife had her vehicle vandalized and the insurance company deemed it a total loss. However, it’s only cosmetic damage and is still in operable condition. This is her only vehicle and the insurance company does not cover rental fees. They told her she must surrender the vehicle to them immediately to complete the claim. She inquired about buying the vehicle back, to which they replied that is not an option with a vandalized vehicle. Is this true/legal?
September 7th, 2016 at 10:25 am #Jason

Nathon,
It may be. I don’t know the policy of your insurance company regarding vandalism claims.
September 7th, 2016 at 11:29 am #Prince

I’m settling for a price negotiated between me and the at fault drivers insurance but they want my car and the title before they give me the check. Is this something I have to do or does it depend on the insurance company and state law?
September 8th, 2016 at 9:48 am #Bianca Jade

Hello, my car was totaled out 6 months ago. I had a Cadillac SRX 2005. I lost my job because i had to get rides to work and was late to many times and got let go because i didn’t have reliable transportation I have not heard anything for my insurance and I have been contacting them at least twice a week for 6 months they finally just emailed me today and offered me only $5,000 it’s been over 6 months since I had a car since it was totaled and lost my job and they only contacted me once during the six months I would like to know should I hire an attorney because they will not go any higher and refused to go higher and I believe that’s unfair since I lost my job and since they never contacted me and left meover 6 months without contacting me or letting me know anything about the car I just don’t know which way to go with this I would just like to know is there anyway I can ask for more or should I just go ahead and hire a attorney or just leave it alone and accept nothing pretty much. Thank you. This has been the most stressful thing I have gone through in a long time along with my fiance having cancer so it’s hard for me to take him to Dallas together we don’t have a car
September 8th, 2016 at 10:02 am #Jason

Bianca,
Your insurance provides compensation for damage to your vehicle only. It doesn’t ensure that you have a ride to work. It doesn’t ensure that you have a job either.

I looked up the price of a 2005 cadillac srx with average miles for it’s age and I don’t see why that isn’t a reasonable offer.

You have to ask yourself – what would an attorney accomplish for you? Realize that you would have to pay the attorney his hourly rate whether he succeeded in getting you positive results or not. Perhaps the offer should have been provided to you much earlier but it wasn’t. I don’t know the reason for that.
September 10th, 2016 at 12:49 pm #Justin

Hi, so I’ve been in an accident here recently and I’ve been having a problem with All-State Insurance. I was on my way home from work and their policy holder jumped right in front of me in my lane without using a blinker causing me to slam on my brakes and hit the passenger side of his truck, denting my driver side. Well i was able to drive it home (I only lived 5 minutes from where this happened) however my truck had started pulling to the left hand side and whenever I used my brakes my brake pedal would jump back causing my truck to slow down when I pressed the pedal and stop slowing down when the pedal jumped. When I called his insurance company (All-State) I explained to them that my truck hadn’t done that before the accident, well when they sent the adjuster out to take a look at my truck i explained that to him as well and he said that could have happened before the accident then just continued on and didn’t even look under my truck. He wrote me a check for the cosmetic damage and I kept telling him about how my truck was pulling and how the brake pedal was acting and he just acted like he didn’t even hear me so I told him that I wasn’t accepting the check and I wasn’t signing anything and he just left the check on my rear bumper and left. So i don’t know what i should do. Should I call the insurance company back and tell them to send another adjuster or should i call an attornery to get this straightened out?
September 10th, 2016 at 2:02 pm #Jason

Justin,
You had some left side exterior damage to your truck that didn’t involve your brakes. The adjuster who looked at your truck saw the damage and concluded your brake concern has nothing to do with the accident. The way you explained the accident and what you said about the brakes, I too agree your brakes are not part of the accident damage.

It may seem coincidental that the brakes started acting up just when, or after the accident happened, but there is nothing supporting the brake issue is related to the accident.

If you have collision insurance coverage, make a claim with your insurance company. That way you don’t have to accept the check from the other insurance company. The end result will probably be the same though. If you want to hire an attorney, the attorney will gladly take your money but it’s very probable the insurance company still won’t associate your brake problem as a condition resulting from the accident.
September 12th, 2016 at 5:57 am #Joyce

My son was in an accident the end of May, he was backing out of driveway on a dirt road. The road was obstructed by trees, bushes and weeds, and was hit in the rear by another vehicle. The police and highway patrol were called out and the other person was determined and cited for speeding reckless driving. We both had the same insurance, even agent. In the accident report the highway patrol noted that the other person was speeding and driving improper and that my son did nothing improper or did nothing wrong, but the insurance company decided that my son was 60% at fault even though the other person was cited for speeding and reckless driving. How is that possible?? I called and tried to talk to them but the moment it is said he was backing it doesn’t matter it’s considered his fault! she was left of center and speeding but because it was a dirt road it doesn’t matter she was on his side of road and it doesn’t matter she was speeding because he was backing out of driveway?? Now 4 months later the insurance company has raised our rates 600 dollars a year! Is there anything we can do to protest this decision?
September 12th, 2016 at 6:02 am #Joyce

Sorry, just also wanted to say that i feel if we would have had different insurance companies my insurance would have fought that decision and fought for us more, but since it was same company they knew they would have to pay either way and didn’t care! But we are the ones that got thrown under the bus and raised our rates! I still don’t see how if the highway patrol said he did nothing wrong and she was speeding and reckless driving he could have been found more at fault!
September 13th, 2016 at 5:58 am #breona mullins

I had an accident back in 2014 that I was at fault for and I never kept up with the process of the claim for the other party. I recently looked at my driver’s record and it states that the accident totaled a payout more than 2,000. The accident (that I still have pictures of) was so minor that the other party could have just used some store bought product to erase the scratches on the car. When I called my insurance company to ask how to dispute this because the damage to both his car and my car was so minor that he couldn’t have possibly had that much damage she stated I couldn’t do anything. Is there a way to dispute this?
September 13th, 2016 at 6:39 pm #Jason

breona,
You just tried to dispute it by contacting your insurance company. They said you can’t dispute it or change the results of the claim. That is the way it is and you can’t do anything about it. You might not agree with the outcome but there isn’t anyway you can change what is now done.
September 15th, 2016 at 1:20 am #Thomas

if my insurance company sends a claim check to my auto body shop and the estimate of the auto body shop was cheaper what happens to the difference. do I receive the remaining funds or does it go back to the insurance or can the body shop keep it ?
September 15th, 2016 at 3:39 am #Jason

Thomas,
The bodyshop will adjust their estimate to match that of the insurance company and the bodyshop will keep the money.
September 17th, 2016 at 3:40 pm #GREGORY JARMON

My wife’s 2015 Buick was side swiped on the rear of her vehicle while parked in a residential driveway. The person who hit her car did not stop. We reported the accident to USAA our insurance company. They took the information and responded quickly with where to take the car for an estimate and repairs if we wanted them done there. The repair shop submitted the estimate, it was approved by the insurance company and I signed the release to have it repaired and that I was reposible for the $500 deductible. So far, everything is good. I leave my car for the repairs, which they said would be 9 days. Several days later I get a call from the body shop saying that the insurance company believes the damage is the result of two incidents and that my deductible will be $1,000. I tell the body shop that it is unacceptable and I will get another estimate and specialist to look at it as I know it was not two incidents. I call the insurance company and start leaving messages. My wife also starts making phone calls to the insurance company. No manager is available to take the call and we have to wait for them to call us. In the meantime, my wife calls the body repair shop (Kelley Collision Cnter) and tells them she is coming to get her car. The the body shop says too late, they started repairs. The body shop says they told the insurance company the damage was consistent with one direction of damage. The insurance company says the body shop said it could possibly be two incidents. The insurance company refuses to change their position and the body shop refuses to release the car unless I pay $1,000.
September 17th, 2016 at 3:55 pm #Jason

Gregory,
Get your car and then work this out with your insurance company. So what if you have to pay $1000? That is the way you are going to get it back. I don’t know why there is 2 deductibles being applied but the insurance company has to have convincing information that the damage is the result of two incidents. USAA is a good company so know that it will get resolved like it should. I have no idea how it ultimately will be resolved.
September 19th, 2016 at 7:23 am #GREGORY JARMON

Yes Jason. The body shop refuses to release my car unless I pay cash. They initially charged the $500 deductible on my credit card but after I made an issue about how they screwed up by not getting my permission to continue with repairs, the owner refused to let me pay the additional fee with my credit card.
September 19th, 2016 at 3:46 pm #Angie Coughlin

Hello,
The City has construction going on so I do not have access to my driveway. My car had to be parked on the street. A man fell asleep at the wheel and ran directly into my truck, a Toyota 4Runner, totaling it. He has insurance, Progressive. They have not sent us an estimate yet. We are still waiting. I am worried the estimate will come back at only $5,000 because the truck is older though in good shape. I put $3800 into my truck this year as I planned to keep it in the family for a very long time. Is it possible that I can be reimbursed for the repairs done to it just months ago? As well as being reimbursed for the value of the car? I’ve already scanned my repair receipts so that I can send them out.
Thank you for your help.
Angie
September 19th, 2016 at 6:17 pm #Jason

Gregory,
Pay cash then. Get a cash advance on your credit card if you don’t have any cash laying around. They don’t want to accept a credit card because you can dispute the charge and they can be left without the funds for the second deductible if you dispute their charge with your credit card company. Your issue is not with the repair facility, it is with your insurance company. You gave your initial authorization to repair, you don’t need to give another one to have them continue repairing once the repair process has begun.
September 19th, 2016 at 6:33 pm #Jason

Angie,
You can ask if they will pay for recent repairs but they likely won’t. Vehicles need periodic repairs and periodic repairs are simply the cost of owning a vehicle.

The insurance company will likely look at the recent repairs as something that was needed to maintain the vehicle’s current market value. Just ask and send the receipts and ask that they consider those repairs in addition to the value of the vehicle. If at minimum, ask them to bump your car up to the next condition level. If they have your car marked as fair (for example), have them move the condition to average, or above average (or whatever the next higher condition value is). Changing the vehicle condition can significantly effect the valuation of the vehicle. Ask for a copy of the valuation report (For example CCC Valuation) that establishes the value of your vehicle so you can see what condition level they used for your vehicle. Write again if you have more questions.

Here is a good article for you to review the insider details of the valuation report and how to use it to your advantage. http://www.hg (dot) org/article.asp?id=25323
or
stlucieappraisal (dot) net/total-loss-disputes/unfair-compensation/

In order to get to those sites above, remove the (dot) and replace with a period. Or just type in CCC valuation in the google search engine for some articles to review.
September 19th, 2016 at 6:36 pm #Eric

Hello,

Can insurance company bill someone for an incident, on the assumption that this someone was at fault for the issue. Later the fault was shown not be be someone’s “my” fault?

Here’s my story:

I lived on the 3rd floor of a condo complex.
Below me, on the second floor, there was water leakage.
I was sure that this was not my fault, but the 2nd floor person insisted it was.
My bathroom drain, and overflow drain was what was blamed, by both her, the HOA, and eventually the insurance company.
After the 3rd replacement of drains and overflow drains, the work being done by a plumber of her choosing, the leak persisted.
I still believed that my bathtub was not the source of her leak.
Then the first bill came from a collection agency. A bill for approx. $10,000.
In the mean time 2nd floor told me she wanted me to pay for her $500. deductible, eventually she filed a small claims against me for $500.
On the last visit from the plumber, he told me the leak was repaired. The source being a pipe some five feet below my condo. It was cleat that the area was in common ground and the responsibility of the HOA’s. My downstairs neighbor, never informed me of the source; it was my good fortune that I met the plumber. He drew a picture of the location of the pipe.
At this point, my downstairs neighbor sent me a revision of the court case. in which she increased her claim by $1,000, without an explanation.
The next day, I received a second letter from the collection agency. It was a strong letter, asking for me to pay, or give them the name of my insurer.
I called the agency, explained to the agent in charge, the source of the leak. She asked me to send a picture that the plumber had drawn and an e-mail explanation. I emailed her a scan of the photo,along with a long e-mail of explanation. She dropped the claim.
Then I wrote an e-mail to downstairs,. I explained. that because of the location of the leak, I was not responsible, and that she should inform her insurance company, and drop the court case. I also wrote the collection agent to send a note to her to confirm that what I had written was true.
My neighbor continued on her charge of a law suit. I sent multiple e-mail stating and re-stating my case. None of the e-mails received a response.

My question is:
Can someone bill you for something on the assumption that the person is a fault?

Thank you.
September 19th, 2016 at 6:47 pm #Jason

Eric,
If you were not negligent for causing the damage to the lower person’s property, you are not responsible to pay her deductible or the damages. That is why people have insurance for accidental damage to their property.

Challenge her lawsuit because she needs to prove you were negligent. Just because the source of the water may be from your unit doesn’t mean you are negligent if it’s an accidental leak. You were able to call off the collection agency, which is likely what her insurance company paid. Write back if you have any other questions.

Oh, and to answer your question, yes, people can bill you for things just because they assume you are responsible, even if you aren’t. There is no limit to what people can do.
September 20th, 2016 at 9:25 pm #Edward

This is an auto insurance question. I was rear ended by a driver that caused damage to my rear bumper, right quarter panel, and crush bar. I contacted the other drivers insurance company and was told where to go to get a repair estimate. Upon submitting the repair estimate, the insurance company concidered the car “totaled”. The repair estimate was $3,000.00. They valued my car at $3,900.00. I went and obtained 3 additional repair estimates from 3 different, very repatible bodyshops. All three estimates were actually lower than the estimate initially submitted. I submitted them to the insurance company and they refused to accept them and said the repair estimate they have would stand and the car is still considered “totaled”. I had told the insurance company about my recent engine replacement, therefore the miles on the odometer was more than the actual miles on the engine. I have offered to have my car repaired at one of the other shops. Those estimates were $2,000.00, $2,200.00, & $2,500.00. Do the insurance company have the right to deny me having my car repaired at one of the other shops at a lower cost to keep it from being “totaled”? What other options do I have? I want to keep my car and would accept one of the lower estimes to keep from totaling my car and having to get a savage title?
September 21st, 2016 at 3:47 am #Jason

Edward,
The only option you have is to accept the determination of the insurance company that your car is totaled. They will give you the claim money, and you will give them the car and the car title.
September 22nd, 2016 at 2:23 pm #Heather

A lady tried to pass my son on the left as he was turning left on his bike. He was banged up some but he had on helmet and padded protection jacket. She was sited and found at fault. He just got the motorcycle about 2 months prior, it was used but he saved for it, and it was his only transportation. He works odd jobs under the table for my brother inlaw. The ladies insurance company totaled the bike but since his bike is a rare type there is no kelly blue book or really anywhere online to find worth of bike so they used similar bikes to get value. They said it was worth 900, he paid 750 for bike, 200 for tags, taxes, title, insurance, and had to buy new battery and other stuff that came to 379. Insurance company wont pay for items bought for bike even though he has receipts for them and less then 2 months old. So he is taking loss on actual bike. He had paid for 2 bike trips, one was to raise money for local charity and was being held by a bar, so dont get a receipt, just the ticket they give when you pay. That was 300.00 that included meals and room during 4 day ride. He also had a bike trip planned with 3 other friends to ride to New Orleans to help at Villalobos rescue center for a few days, then ride to Utah to help at Dogtown USA for a rew days then back to PA. They figured out total cost of trip and divided cost , that came to 530.00 ea change. He gave his money to the friend that was making arrangements, so no receipt there either. If it wasnt bad enough that my son missed out on the trips with his friends because his bike is totaled and neither refundable. The insurance company wont reimburse because he has no offical receipts. The bar said they could right him one and his friend that made arrangements for trip said he could give receipts from trip but they are in his name. The insurance agent I spoke to about getting him a rental car said they cant pay for days missed from work because its under the table but she could work the amount into the inconvenience payment. My brother inlaw who owns a business said he would write a letter with the amount James lossed due to missing days he had jobs for him. But the insurance company said they couldn’t accept it, so agent said inconvenience pay. So we added up the trips, helmet replacement that cost 200 amount missed from jobs, and additional charges we paid out of pocket because insurance company stopped paying for rental without telling us and rental placed called us 4 days after the insurance company stopped payment, stating we owed 380.00 for the car and had to turn in immediately. So we sent the claims agent the amount James came up with $2000. She called us and said the max she will give is 500, that doesn’t even cover the helmet and rental fees. I asked her about her stating to me about his missed jobs being put in the medical amd inconvenience claim and she said they cant pay unless he has pay stub. Cant reimburse for trips because dont have receipts from a travel agent, or place like that. Cant reimburse for the extra car rental fees even though they didnt give us a date that they would stop paying. I asked about payment for inconvenience of not having a vehicle, looking for another, missing out on riding his bike for the summer, missing trips, missing work, doctors appointments, she said thats what the 500 is for. Is there anyway for my son to get some of his money back without formal receipts or money that he missed out on because he couldn’t work with out paystub or w2? Someway to get him more then 500 since that is less then what he paid for rental car and helmet he cant use because he dont have a bike. Insurance company wants to give him 1400 total for total bike and medical and inconvenience claim. We cant get attorney, the few in are area said since we have already been dealing with insurance company ourselves they really cant help. Is there anyway to get him atleast enough to cover what he has lost.
September 22nd, 2016 at 6:49 pm #Jason

Heather,
The insurance offer is $1400. Either he accepts it or he declines it. Does he have insurance of his own that he can submit his claims to for his losses if he declines the offer? If he doesn’t, he should accept what they are offering. There are somethings that another person’s liability insurance won’t pay for no matter what and that seems to be the case with much of your concerns.
September 23rd, 2016 at 9:25 pm #John

I filed a claim to have my car fixed after hitting something on the road. I wanted to do my own repairs so I went and ordered their recommended parts but I realized that the parts came neither painted nor primered. In their estimate, they do not have cost for paint included. I inquired at a body shop so they can do just the painting for the front bumper but was told that it would cost around $300 extra as they would have to do retouching. Can I ask them to adjust the claim so I can have them cover that even though I am doing the repairs myself?
September 24th, 2016 at 5:35 am #Jason

John,
You can ask them anything but you’ll have to realize they won’t want to pay more for your claim because you sought to it yourself when you could have done it $300 cheaper by having it done the conventional way.
October 4th, 2016 at 1:54 pm #Erin

I was rear ended while stopped in rush hour traffic on a two lane road. The other driver got out of her car and started apologizing to me and my passenger. I called my dad, he called the police, then came to the accident (it was near my home) She apologized to my dad and kept saying she tried to stop and how sorry she was. Her husband arrived (they live down the street) then the police officer. After talking to her husband the woman told the police officer that she was hit by a third party that drove away. There is no evidence of this mysterious third party. She didn’t to stop anyone after the accident and didn’t mention it. The police report is four sentences long, it doesn’t include any of my statements, just the one for the woman that hit me and this mysterious third party hit and run. There is no damage to the back of her car (where the third party would have hit her, I have pictures of everything), my car has lots of damage. Here is my problem. The driver of the car that hit me, her insurance company is refusing to pay any damages because of this third party. My insurance company refuses to investigate and take it to mediation, so I am left holding the bag for all the damage to my car. I believe my insurance company should do more to protect me. Do I need to file a complaint with the insurance commissioner office for lack of service? My dad has had all our cars, homeowners, life, etc with this company for over 28 years.
October 4th, 2016 at 4:23 pm #Jason

Erin,
It’s been established that the lady was pushed into your car by an unknown other party. That’s what the police report documents. Her insurance company owes you nothing because the party who hit her and pushed her into you is responsible for your damage.

If you have physical damage coverage with your insurance company, you should file a collision claim and get things resolved. I suspect you don’t have collision coverage though.

If you don’t have collision coverage, your insurance company has no obligation to do anything. If you don’t have collision coverage, that was your coverage choice and any damage incurred is what is considered self-insured damage.

You have not introduced any lack of service concerns. If you don’t have collision coverage, your insurance company owes you nothing. They don’t need to do mediation, or anything, for you.

Sending a complaint to the department of insurance would be fruitless.

Duration of coverage, no matter the number of lines of coverage, with an insurance company has nothing to do with anything.
October 5th, 2016 at 2:33 am #Ora

How can I get my insurance check extended before it expire I work all the time and just forgot my check expire soon…
October 5th, 2016 at 3:23 am #Jason

Ora,
Your check is not expired. Cash the check before it’s expired and you won’t have to worry about replacing the check.
October 6th, 2016 at 10:15 am #Alison

In February of this year, my nephew stole my jeep. I filed the comp claim and a police report. The jeep was deemed totaled and the insurance paid the claim. My issue is that the comp claim was turned into the CLUE system. It now reflects on my license and is causing my rates to almost double. Can I stop this from happening? This is not my fault
October 6th, 2016 at 12:14 pm #carole

My son was in a fender bender in June, He is sure they were not up to date on their insurance, because he called state farm and they told him there was nothing with that name or policy. He has had a very hard time with this accident. They took almost a month to send the adjuster out-and when he came out he opened the pass door(where all the damage was) closing the door he broke the windshield. Of course they deny this. He never got the storage bill money also. He didn’t have a car and could no longer pay for insurance so he cancelled it right around Labor day. Since the middle of Sept the other guys insurance company(State Farm) has been calling threatening to sue and harassing him stating he must pay them over 1700.00 since he cancelled his policy for the repair of the other person’s vehicle!???! Then on Monday he gets a collection notice! He was covered the date of loss-so is this legal? PLEASE ADVISE! Thank you!
October 6th, 2016 at 5:07 pm #Jason

Alison,
Certain claims automatically go to CLUE and thefts are one of those claims that trigger the reporting to CLUE.

Because you have a relative who is prone to stealing your vehicle and totaling it, as he has already done, your exposure to that happening in the future is higher.

You can’t stop your theft from being reported to CLUE because it’s already been reported. Your rates are based on your risk to the insurance company. Sure, you didn’t steal a vehicle but your stolen vehicle was the subject of why your insurance paid a total loss to you. You can’t stop your rates from nearly doubling if that is what your insurance underwriting guidelines indicate your rate should be.

Perhaps you can shop around for another insurance company whose underwriting guidelines don’t put so much of an emphasis on vehicle total loss thefts by relatives.
October 6th, 2016 at 5:24 pm #Jason

Carole,
I don’t understand the situation you posted. Who was at fault for the accident, or what are the circumstances of the accident? Who is or was the insurance company for your son, if he even actually had insurance? Which policing authority responded to the accident?

From the situation you described, I take it that your son was uninsured at the time of the accident. The other person was insured with state farm. State farm investigated the claim, which included looking at your son’s vehicle. State farm determined your son was at fault, uninsured, and now owes for the damage he caused to the vehicle owned by state farm’s insured.

I can’t put any credibility into what your son told you because it makes no sense that closing a passenger door would cause a windshield to break. You might want to question whether your son is telling you honest and reliable information concerning what happened.

If you want my advice, your son isn’t telling you the truth. Yes, lying to one’s mother is legal.
October 7th, 2016 at 1:50 pm #carole

MY SON HAD PROGRESSIVE INSURANCE! THE OTHER GUY-STATE FARM.(BUT DIDN’T PAY HIS BILL UNTIL AFTER THE ACCIDENT,WE THINK) MY SON WAS MAKING A RIGHT INTO THE GAS STATION THE OTHER GUY PASSED HIM ON THE RIGHT-WHICH IS ILLEGAL. NJ IS A NO FAULT STATE. I BELIEVE MY SON GOT A CHECK FROM STATE FARM BUT NOT STORAGE COSTS. AND YES IF A CAR DOOR IS HIT-IT WILL NOT CLOSE RIGHT! THEN HE SLAMMED IT AND BROKE THE WINDSHIELD-HE WAS HIT BETWEEN THE PASSENGER DOOR AND THE FRONT FENDER. EVEN THE HOOD WAS EFFECTED! THE BODY SHOP TOLD US WHAT HAPPENED WITH THE ADJUSTER. MY QUESTION IS CAN STATE FARM SUE HIM FOR THE FACT THAT HE DID CANCEL HIS INSURANCE ALMOST 3 MOS AFTER THE ACCIDENT? MY HUSBAND TOLD HIM THEY CAN’T DO THAT SINCE HE HAD COVERAGE AT THE TIME OF LOSS. BUT HE RECEIVED A COLLECTION NOTICE FOR OVER $1700.00. THIS DOESN’T MAKE SENSE.
October 7th, 2016 at 3:19 pm #Jason

carole,
In NJ, the no fault aspect of automobile insurance applies to injury only. The property damage is based on negligence and liability of the driver for damage they cause to property.

If your son had progressive insurance at the time of the accident, then his insurance information should be given to state farm and that should end any further interaction with state farm.

NJ is a comparative negligence state. That means the insurance company of the person who is over 50% negligent for the accident will pay damages to the other party. In your son’s case, you indicate he is less than 50% negligent so there should be no requirement for his insurance company or him to pay any money to the other driver. If state farm paid your son, which I still don’t know, then it would be confirmed that the other driver was over 50% negligent for the accident. In NJ, both insurance companies don’t pay the other insurance company. Only one insurance company pays – and that’s if their driver’s negligence is over 50%.
October 10th, 2016 at 9:31 am #Clarice

My was involved in an accident, where I hit a cement side wall in August. I went thru my insurance company to get it repaired. My insurance company issued a check in my name and the lienholder’s name. The check was somehow lost in the mail, so a second check was issued but this time in my name and the body shop’s name. I took my car to the shop and they weren’t fixing my car in a timely manner and wasn’t doing a good job as far as I was concerned. So, I wanted to move my car to another shop. My lienholder spoke with the first body shop and he stated that he was going to give me the money back, since I was taking it somewhere else.

While it’s October and I haven’t received the money yet to take it to another shop. My lease is soon up and I will be returning the car. If the car isn’t repair will I have to go after the body shop or will my insurance company? Also will my lienholder sue for the damage or will I have to deal with the body shop myself?
October 10th, 2016 at 7:58 pm #Jason

Clarice,
Your concern is not insurance related. You have an issue with your repair facility.

Your insurance company paid for your damage already. They won’t be going after anybody.

I don’t know what your lien holder will do.
October 11th, 2016 at 7:05 am #Tom

Clarice:

In my opinion, it could matter what your circumstances were/are. IF you chose your own Body Shop for repairs then they failed to perform, it would NOT be the Insurance Company’s problem…they paid their claim and fulfilled their duty.

However, IF your Insurance Company Promoted and HIGHLY RECOMMENDED (basically Pressured) you to take your vehicle to THEIR Preferred Body Shop (some even GUARANTEE the repairs for the life of the vehicle), then I would go back to my Ins Co.

IF the Company insists on “Washing their Hands of the Mess” they guided you into, THEN maybe you should consult with an Attorney for Legal Advice…
October 11th, 2016 at 1:52 pm #carole

OK Now I am truly confused! State Farm paid him for his car but hasn’t paid the storage bill. Yes, State Farm had his insurance info from the day of the accident. My son called State Farm a day or two after the accident and was told that the policy info on the others drivers car was invalid! That’s why we think he didn’t keep up on the policy! There was nothing under that name or policy number. I believe it is considered a 50/50 accident-but you explained it differently! My son’s insurance company must have refused to pay, that is why State Farm is going after him-in a vicious way! Put him in collections and threatened to have his drivers license taken away????????As I said before he was covered at the time of the accident. How can this be right? Do you have any suggestions to put an end to this???? Should he call progressive to see if there is something that he is not aware of? This is crazy! Thanks again!
October 11th, 2016 at 5:45 pm #Jason

carole,
My apology. NJ is a modified comparative negligence state. What I said is accurate EXCEPT if each party is assigned exactly 50% negligence. When this happens, each party can expect to receive 1/2 of their damages.

Your son may need to call his insurance company and find out what is going on. It doesn’t matter if his insurance company refuses to pay if his insurance company thinks the other driver was more than 50% at fault. That’s a matter for the insurance companies to resolve between themselves, and without involving your son.

If your son had insurance on the day of the action, and state farm knows this, then the only interaction state farm should have with anybody is your son’s insurance company. To keep contacting your son is not what any insurance company should do even if that insurance company doesn’t agree with your son’s insurance company fault determination.

If your son had insurance on the date of the accident, which has never been confirmed, then he shouldn’t have to worry about his license being taken away, collections, or being sued.

The actions of state farm lead me to continue to believe your son didn’t have insurance at the time of the accident. Your son may want to get a document from progressive that verifies whether he had insurance coverage at the time of the accident. That letter will go along way to help convince state farm that they may be wrong. Since your first message and what you’ve been telling me even now, I’m becoming more convinced your son’s insurance coverage at time of the accident did not exist.
October 12th, 2016 at 7:44 pm #Paul

I just got back from a road trip only to find out I had been billed three months for a truck I’m no longer in possession of. I had switched cars in July and my insurance company could not insure it, so I switched to another. Since I was on the road, I couldn’t keep close track of who was billing me and just now noticed the error and a major down-side to auto-pay.

Am I boned?
October 13th, 2016 at 2:57 am #Jason

Paul,
Inform the agent of the insurance you wanted to cancel 3 months ago and ask them to retroactively cancel your insurance. You may have to show them you had other insurance and you failed to cancel it when your other insurance started.
October 18th, 2016 at 3:39 pm #Jacob Skinner

Help,
On June 6th of this year my girlfriend wrecked our car pretty good. According to the adjuster there was around $10,000 worth of damage on the vehicle (NADA retail on the vehicle at the time or the wreck was around $24,000.) no where near the value of the vehicle.
We were issued a rental for 29 days as our policy allotted and told to wait for the vehicle to be repaired. 40 days later after turning our rental in and not issued any extra days because the job “should have been completed by then” we were told it was done. Needless to say, it was no where near finished. Long story short, here we are well over four months later with no vehicle, trip after trip back to service for issue after issue, no rental for the work they overlooked, over $10,000 worth of over-looked damage, total dollar amount of damage to the vehicle exceeding $20,000 and the run around from the insurance time and time again.
What are we owed? We had to consolidate to one vehicle, pay payments and insurance on a vehicle that we didn’t have, put 10,000 miles on my vehicle in 4 months and still no car or ETA on anything. We even decided to just go ahead and get her a new car because of the hassle, gas money and mileage we were using in our situation.

We are not asking for anything more than we are due. We just don’t know if we should get a lawyer or what?

Please help,
Jacob & Molly
October 18th, 2016 at 6:22 pm #Jason

Jacob,
Your concerns seem to be due to the repair facility working on your car. If they can’t fix your car in 4 months, there seems to be a problem with their abilities.

You are owed a timely repair on your automobile. Your insurance doesn’t repair your car, they only pay for the repairs. Your insurance company isn’t giving you the run-around – they don’t control the actions of your repairer.

If you got a lawyer, what would you attempt to achieve?
October 18th, 2016 at 6:58 pm #Jacob Skinner

Jason,
Thank you. I would look for the vehicle to be totalled. The amount of work that was over looked by the adjuster and the fact that I had to consolidate to one car for 3 months, put a ton of miles on my vehicle, not be provided with a rental, and make insurance payments and a car payment on a vehicle That clearly should have been totalled from the start. That is quite a bit of work to be over looked or midagatted.
If I am not mistaken the point on insurance is to out you back into the position you were in prior to an incident and that was not the case at all here.

Again, lost snd and don’t know what to do..
October 19th, 2016 at 3:04 am #Jason

Jacob,
The option to total your vehicle has passed. Your car is now repaired (or nearly repaired). Your insurance did everything possible. Sure, you should be put into a position before your accident but that is impossible. You can’t undo what happened – you just have to move on the best you can. Your insurance company did what they were supposed to do. You had vehicle damage, they assessed and paid for the damage. Seems your body shop keeps dropping the ball.
October 19th, 2016 at 6:13 am #Jacob Skinner

Jason,
The law states that if the damage totals over 75% of the retail value. We’re past that point now. You’re saying they won’t total it?
October 19th, 2016 at 6:11 pm #Jason

Jacob,
What law? There is no law to which you reference. Your vehicle is repaired. Repaired vehicles don’t get totaled. Your vehicle may be assigned a salvage title though.
October 19th, 2016 at 6:48 pm #Jacob Skinner

Determining whether a vehicle is a total loss depends on several factors such as:
The car insurance company. Although companies must follow certain state laws (see below), they also can set their own standards for totaled vehicles.
The vehicle’s specific condition. Can the vehicle be repaired safely? Will it cost more to repair the vehicle than the vehicle is worth?
Adjusters will look at these factors.
Individual state laws. Often, this means the vehicle must suffer a specific percentage of damage before it can be deemed a total loss.

In WV it’s 75%
October 20th, 2016 at 10:30 pm #Marshall wilson

I had a motorcycle stolen from me over a year ago. I had a $5000.00 loan on it to fix it up using it as collateral . Well the finance company paid it off . the motor cycle was worth more than the loan. I got a call from another state to come pick up the bike it was recovered . Who does the bike belong to ?> Do I have to pay for the loan again? This happened in South Carolina.
October 21st, 2016 at 3:48 am #Jason

Marshall,
From the moment you purchased the cycle, you were the owner. Ok, the bike was stolen. You are still the owner, but of a cycle that is stolen.

The finance company paid your loan. You still remained the owner. (I doubt any reasonable finance company would pay off your loan just because a bike was stolen).

Recently, your cycle was recovered in another state. You still remain the owner of the cycle which was recovered. Since you are being contacted, that strongly indicates to me that you remain the owner of the cycle.

(If insurance was involved and paid off the cycle instead of a finance company, this answer would change slightly.)
October 25th, 2016 at 4:56 pm #Dan

My car was hit by other car (hit and run) while driving. My insurance advised me to take it to their shop for repair estimate. They came up with $1500 repair estimate. I decided to take my car to different repair shop for another estimate. They came up with $2000. After second repair shop submitted all required documents (pictures, price quote) to my insurance, they accepted their quote. One week later I asked them to cut the check directly to me (fully owned car) and they agreed. Other day they called me notifying me that they will cut the check based on their internal shop estimate instead. Do I have a point of even arguing this decision? Thank you in advance.
October 25th, 2016 at 6:29 pm #Jason

Dan,
Not really. You can take the cash based on their estimate, or get it repaired at your body shop.
October 28th, 2016 at 11:37 am #Marty in Baltimore

BEWARE OF INSURANCE INQUIRIES ON YOUR CREDIT REPORT! Did the Insurance Company check your credit before they made you a settlement offer? It took me a long time to realize it, but the same day that I uploaded information to the insurance company claims department, someone from the insurance company ran my credit. I never gave them my information to check it and I sure never gave them the authorization to check my credit! This is against the law and just another way that an Insurance Company invades the privacy of people. Although the Insurance Company can check your credit if you apply for any type of Insurance, but you sign an authorization. In addition, I’ve read the reason they do this is so they can see how bad you might need the money, therefore, makes it easier for you to accept a lower settlement! BE AWARE! THIS WRONGDOING BY INSURANCE COMPANIES IS AGAINST THE LAW! Unfortunately, most people never find out that the Insurance Company checked their credit, this just isn’t right!
Marty In Baltimore
October 30th, 2016 at 6:31 pm #Jason

As you’ve indicated, when one applies for insurance they complete an authorization. If the insurance company has an authorization to check a person’s credit, that seems perfectly permissible.
November 3rd, 2016 at 2:06 pm #Annette

we had a semi jackknife and hit our van which totalled it. $12000 damage. Insurance wants to give 3,000 toward repairs or 4500 to dispose of it. little injury. gave rental for one week and had to return or pay for rental out of our pocket. we have no extra funds to pay for their negligence. they were cited for speeding and officer said their fault. can insurance offer an embarrassing amount to settle then take rental away with settling. does indiana have a good faith law. we have no extra vehicle and no funds for rental. I will not settle for such an embarrassing offer. I have no intention of settling an unfair claim and I dont want to file suit because I have no money to get lawyer. any other suggestions to hasten this process?
November 3rd, 2016 at 7:48 pm #Jason

Annette,
Either you settle the claim with them or you don’t. Do you have collision coverage with your own company that you can submit a claim with your company?
November 3rd, 2016 at 7:52 pm #Jason

Jacob,
Post the law to which you refer. Thanks.
November 4th, 2016 at 9:25 am #Karen

I had a loan for my 08 truck through a credit union and had full coverage ins. I lost my coverage from my ins. company due to a divorce (family of ex). I was without insurance for three days. I picked up insurance with another company after those three days. The credit union is now trying to charge me $3,000 for those days that I didn’t have insurance. Is this legal? How do I get around this? They automatically upped my payment by over $300.00 to get their money. I am still only paying my original payment.

Please advise.
November 4th, 2016 at 3:35 pm #Jason

Karen,
Your situation doesn’t involve insurance, but your agreement with your credit union. If you didn’t have insurance for your truck for any period of time, your credit union can charge you whatever you agreed per you loan agreement. Check your loan agreement for details and respond again if needed.
November 14th, 2016 at 8:33 am #jimi

My truck was parked in my driveway and totalled by my neighbor. I filed a claim against my neighbors insurance company. My neighbor insurance company has been telling me they are investigating coverage for over 45 days now, and claims that my neighbors (who are refugees) hired a lawyer and neither him or there lawyer are responding to the investigator. My insurance lapsed ten days prior to the accident! I know, I know. But cwm you give me any advice
November 14th, 2016 at 4:42 pm #Jason

jimi,
Since you have no insurance, you are dependent upon the other person or the other person’s insurance.
November 15th, 2016 at 9:28 am #Ms. Burnitte

Hello

I was in a car accident on 10/02/2015. And i had a lawyer already working on another case. that had occurred in the same city. Some years back, I never actually signed any documents hiring him for my case. He only referred me to a doctor.

The lawyer kept repeatedly asking me over and over again If I was going to let him handle my case of 10/02/2015.

I said repeatedly lets just concentrate on this past case for now. Between 10/02/2015 and 12/02/2015. I was not please with how they was handling my past case. During the month of December, 2015 i final verbal told the law firm. No they will not be representing me.

I have proof that the law firm talked with the pip adjuster person to start making notes of medical payments towards my claim. This is known facts.

Upon me making that statement my question is how and why would a pip adjuster pay on some medical bills while I’m still being treated by other doctor’s.

My next question is why would the adjuster give close to 50% of your pip claim to one doctor. And not give you your entire amount of lost wages.

Here’s the real kicker and lie to you on the second returned email telling they (pip adjuster) have already paid out over $7,419.56 in medical bills.
Plus delayed me in my lost wages. Which caused me a lot of grief and emotional stress and this put my daughter in the hospital from causing her stress.

This adjuster already knew that she was in the wrong and was not to handle my affairs of my pip claim. Her first mistake the second one was caring out an angry lawyer who I was no longer satisfied with wishing.

ONE LIE LEADS YOU TO TELL ANOTHER BUT AT THE END OF THE DAY ALL THE LIES WILL MEET UP. THEN YOU WILL LOOSE FOR BEING THE WEAKEST LINK. HAHAHA! REMEMBER THAT GAME SHOW

THANK YOU FOR YOUR TIME
MS. BURNITTE~~~~~~ THE OUTCOME TO COME I AM FILING A LAWSUIT I DON’T DO ANYTHING I CAN’T PROVE.
November 15th, 2016 at 1:03 pm #Melissa

Hello,
I have a question regarding an insurance claim check issue that I don’t know what to do…. A couple months back, I had some significant hail damage done to my vehicle. Because I like to help small businesses, I decided to have the repairs fixed by a local company that my fiancee had been recommended by an aquaintance. My fiancee was also getting some transmission work on his work vehicle done by this company and all seemed to be going well. My insurance company sent the claims check made out to me AND this company. I signed the check over to the company since he would be doing the repairs & they cashed it. Long story short without going into the massive runaround I got before finally being ignored completely, the shop never did a single bit of work to my vehicle. Furthermore, after my fiancee got his vehicle back, after spending more than $3000 on it, it still didn’t work. He took his vehicle to another reputable shop to see what work had been done and what hadn’t been and found that the shop hadn’t done even half the work they said they did and on top of it, gave him the wrong transmission for his vehicle make & model. Thus far, we’ve been able to dispute the credit card charges for the repairs to my fiancee’s van, but I dont know what to do for my vehicle…I contacted my insurance company & told them what had happened and they said there’s nothing they can do since I signed the check to him. The check was for over $8000. Am I just at a loss to ever see that money again…? I’m a single mother who lives paycheck to paycheck & cant afford eexpensive lawyers…. To make matters worse, my vehicle is financed & per my contract with my leinholder, any damages are required to be repaired or I’m in trouble. What do I do? Thank you for any advise you can give…. I just don’t know where to turn with this matter….
November 15th, 2016 at 4:20 pm #Marty in Baltimore

Jason,
I know if an Insurance Company has a signed authorization or a permissible purpose to check my credit it’s ok, unfortunately, they didn’t have any authorization, and this wasn’t for any permissible purpose and that is against the law. Unfortunately, the insurance company never thought I would find out about it and I believe they use my credit report to determine what settlement offer to make me. I know checking my credit was against the law, I am trying to find out if they are doing this to everybody! This is illegal! You will only find out they did it if you check your credit report and I suspect they have been doing it for years without anybody finding out! If you have been a victim of this illegal practice, please respond!
Marty in Baltimore
November 15th, 2016 at 5:09 pm #Jason

Ms. Burnitte,
To both of your questions – I don’t know.
November 15th, 2016 at 5:14 pm #Jason

Melissa,
Your insurance did everything they were supposed to do for you. They paid you for your damage. The issue you have is that the repair facility you chose to do the repair work failed to perform. They agreed to fix your vehicle and you agreed to pay them. Well, you seem to have paid them but they didn’t do the work they were supposed to do. This is not an insurance issue – it is one that involves your repairer.
November 15th, 2016 at 5:23 pm #Jason

Marty,
If you applied for insurance, the credit check authorization may have been part of the application process. You indicate they didn’t have your authorization but since your are insured with them, it’s likely they do. Do you have a copy of the paperwork you signed when you applied for insurance? Did you sign a credit check authorization? If so, do you know how long that authorization is in effect? Many insurance companies utilize credit reports for underwriting purposes. If they checked your credit, that is likely what it was for and not to do with claim settlement purposes.

You’ve mentioned twice that checking your credit is against the law and you then mentioned it is illegal once. To what law do you reference they broke?
November 16th, 2016 at 7:05 am #Tom

Melissa:

Paying BEFORE any repairs are done, especially without a contract in hand, is never a good idea.

TRYING to move forward with your situation, it SOUNDS like this Repair Facility may have committed Fraud & Misrepresentation and Breach of Contract. (I am NOT an Atty nor giving Legal Advice here; just my Opinion.) From my understanding, BOTH claims may result in recouping your Attorney’s Fees AND, possibly Double and/or Triple Damages against the Repair Facility. If by a Jury Trial, your Attorney MIGHT even seek Punitive Damages on top of the other two claims. (Without offending Attorneys, you need a Barracuda or Rabid Dog personality who knows how to shred that Facility to pieces!)

With just this information, you MIGHT try reaching out to various Attorneys for help. MAYBE if they see a good probability in Recovery, they MIGHT take you case on a Contingency basis. And SOMETIMES, depending on your circumstances, an Attorney MIGHT agree to take your case on what’s called, a “Pro Bono” basis whereas they don’t charge you due to your financial “hardship”. Just have to check around an do some research.

Again, I am NOT an Attorney nor giving you Legal Advise, just trying to give you some ideas for hope. (BTW: IF you find someone and “come out smelling like a rose”, I would gladly accept a donation of 10% for your success! LOL…)

Best of Luck to you…
November 16th, 2016 at 8:31 am #Bruno

I had an accident on April10, and I have not yet fixed the damage. The deductible is $500, and according to the law in Alberta/Canada, I have two years to get the damage repaired using my claim. The insurance is saying that if I don’t get my car fixed by the end of the month, they will get the physical damage out of my insurance. Can they do that?
November 16th, 2016 at 7:28 pm #Hector

Not so long ago someone forced open my mom’s car gas tank lid and apparently put something in there that ended up messing up the engine. My parents reported it to the insurance and they took it to the dealer autoshop where it was deemed a total loss. My mom bought the car brand new for $25,000 and was still making payments on it. The insurance valued the car at $16,000 before the incident but only sent her a check of a little more than $7000 and said that the rest was to pay off the car. Was it correct for the insurance company to subtract the money themselves or could my mom have asked for the money herself to pay it off on her own?
November 16th, 2016 at 8:19 pm #Russell

I had my motorcycle stolen just over a month ago when I contacted the insurance the offer they sent back they said was fair market value but when I looked around within a 250-mile radius of where I live they were at least $2,000 lower I sent them pictures as well as appraisals of all the bikes that I had seen that were similar to mine a week ago I still have not heard back from the insurance company I’m trying to figure out what my rights are as to what I can do about getting them to at least negotiate. The other question I have is I don’t know if you know anything about motorcycle insurance but I have insurance and I was wondering what the standard is for depreciation on that they are only offering me 17% and the add-ons that I put on are all less than three years old. I’m in Kansas by the way any help would be appreciated. By the way I also sent them a letter stating that I felt their offer was a little low and I gave them an offer that was lower than the bikes priced in my area but higher than what they had offered me but I still have not heard back from them
November 17th, 2016 at 8:30 am #Jacob

Hi, recently I was at a four way stop and stopped and then turned normally. All of a sudden this guy runs a stop sign and hits me, doing so he ripped my back bumper off and put a dent in the back right of my car. Called the police got a police report proving the other driver was at fault because he failed to yield. He has a 2010 dodge charger with full coverage. I have a 2001 pontiac grand am with plpd. I went and got two claims done and the police report and sent them to the other persons insurance company. One claim was up to $3,640 estimated damage from bowman’s body shop. Obviously it was the other drivers fault, but i got a call back from their insurance company and they basically told me that the most they can give me is $1,000. I pretty much got fed up because none of this was my fault and I got $ 3,600 dollars worth of damage and the persons insurance will only cover $1,000. Is there anyway i can take them to small claim court and get all 3,600 dollars or have them total my car and get the face value of my car before the accident? I really hope so because I am about to get really made because some other person doesn’t know how to drive. If someone could help me that would be amazing.
November 17th, 2016 at 8:33 am #Jacob

Hi, recently I was at a four way stop and stopped and then turned normally. All of a sudden this guy runs a stop sign and hits me, doing so he ripped my back bumper off and put a dent in the back right of my car. Called the police got a police report proving the other driver was at fault because he failed to yield. He has a 2010 dodge charger with full coverage. I have a 2001 Pontiac grand am with PLPD. I went and got two claims done and the police report and sent them to the other persons insurance company. One claim was up to $3,640 estimated damage from bowman’s body shop. Obviously it was the other drivers fault, but i got a call back from their insurance company and they basically told me that the most they can give me is $1,000. I pretty much got fed up because none of this was my fault and I got $ 3,600 dollars worth of damage and the persons insurance will only cover $1,000. Is there anyway i can take them to small claim court and get all 3,600 dollars or have them total my car and get the face value of my car before the accident? I really hope so because I am about to get really made because some other person doesn’t know how to drive. If someone could help me that would be amazing. Please help me 🙂
November 17th, 2016 at 4:55 pm #Jason

Hector,
Yes, it correct for the insurance company to subtract the money as they had done.
November 17th, 2016 at 5:01 pm #Jason

Russell,
Your claim is not going to be settled until both you and the insurance company agree about the valuation of your cycle. Depreciation happens but the valuation fluctuates depending upon who is addressing the value. I don’t know how to address the add-ons you installed. Your have to negotiate with them until you and they can agree to the settlement amount.
November 17th, 2016 at 5:09 pm #Jason

Jacob,
Don’t rely on other people’s insurance to protect your property. Since you didn’t have collision coverage, you rely on the other person’s insurance company to settle your claim.

I don’t know where they came up with their offer. You ask about small claims court. You can sue the other driver but I have no idea about the outcome of your suit. Just because you sue doesn’t mean you will be successful. Even if you are successful, collecting the judgment isn’t the easiest to do either. If you sue the other driver (and his insurance company), you will need to prove their negligence, that the other driver caused you damage, and they owe you a specific amount of damages. This is not a task for the common person and you may need an attorney to do the legal aspects for you.
November 17th, 2016 at 5:11 pm #Jason

Bruno,
Probably.
November 17th, 2016 at 8:13 pm #Curtiss

Someone hit me. They are at fault. Lawsuit is open on the incident. A settlement offer has been made, however my insurance that paid my medical bills to the limit closed the claim. If I settle, could I still be responsible for these bills?

I feel I need indemnity from this claim even though they say it’s closed.
November 18th, 2016 at 5:50 pm #Jason

Curtiss,
Yes, you need to pay your medical bills or reimburse the party that has paid those medical bills for you as it relates to the responsible party that caused your injuries.
November 19th, 2016 at 9:35 pm #Carl W.

Hi Jason,

My sister’s house where I was living burned up last year. She had homeowner’s insurance. Her possessions and mine were insured too. Several thousand dollars worth of my stuff was destroyed. Do I have any rights to get any money that the insurance company will pay my sister for items of mine that were destroyed either by fire, or by water and mold from the fire hoses ? Or am I at the mercy of my sister ?

Carl W.
November 20th, 2016 at 4:57 am #Jason

Carl,
You are correct – your items were insured under her policy. She can receive compensation for your property from her policy. Your property may have been insured, but you aren’t the named insured of any insurance. You don’t have insurance so you won’t directly receive any insurance money. Your sister controls entirely how her insurance money will be used.
November 21st, 2016 at 9:04 pm #Patricia Franklin

Hello, thank you for you response. My brother was in a bad accident a few months ago. The other driver ran a stop sign and my brother struck their car. The other driver was charged and taken to jail ( he had no license nor insurance). The owner of the vehicle ( was not in car at time of accident ) but it was discovered the owner had leased the car from Avis rent a car and opt out of Avis insurance because they had Nationwide. The owner of the car is now claiming she did not give permission for the guy ( who ran the stop sign) to drive her car. Nationwide is now stating they will not pay because the owner of the policy did not give anyone permission to drive her car. Mow my brother is stuck with hospital bills and no car. We are located in Ohio. Can anything be done. Can he sue the women who car the lease was in. The insurance company or Avis rent a car.
November 22nd, 2016 at 3:11 am #Jason

Patricia,
No, why would he sue the woman? She didn’t cause the accident. If he sued anybody, it would be the at-fault driver. But why would he do that? When a person drives without a license or insurance, they are pretty much a loser and it will be nearly impossible to collect a judgment from them.

Why doesn’t he submit a claim with his own insurance company for the medical bills and vehicle damage? He can’t rely on other people for his insurance protection.
November 22nd, 2016 at 4:37 am #Kimberly

Thank you in advance if you are able and willing to answer this question: I am the legal and sole owner of both of my cars and my house. The insurance policy that covers my cars and my house, as an all-in-one policy, shows both mine and my husband’s names because he lives in my house and drives the cars. I just received several checks for one of my cars that was totaled. The first two checks were made out in my name only, but the final and largest check got made out to my husband and myself. They stated that in the final payout, the way the policy is written, it has to be made to both of us, per their company policy. I think this is wrong. This premise would conclude that, if I had a child on my policy or anyone for that matter, they would also be entitled to part of the payout when the car was totaled. Being the sole owner of the cars and my house, wouldn’t I be entitled to the payout in my name only?
November 22nd, 2016 at 6:06 am #Tom

Kimberly:

I also read your post and, in my opinion, the Insurance Company acted in an appropriate and legal manor. Without reading the policy, I am not sure why they did not include your husband on the other two checks; him being an Insured by YOUR Instructions.

You say you are sole owner of your home and vehicles. Then WHY would you tell/INSTRUCT your Ins Co to include your husband on a “Contract” instructing them to make him a beneficiary/insured on your policy if you did not want him to be included?

You need to understand that when YOU included your husband as a Party on that contract, YOU “legally” Instructed your Ins Co that if they did NOT include him, they might could be sued for Breach of Contract.

Sounds like your Ins Co did just what YOU “Instructed” them to do! And yes, if you had put Others on that Policy Contract, then they may have been included on the payments too… JMO
November 22nd, 2016 at 8:42 pm #Kimberly

Hi Tom. Thank you for your response. Actually, what I learned today and was not aware of, is that there is a very big difference between someone being an “insured” on your policy and being a “driver” on your policy. I wasn’t given a choice when I asked for my husband to be on it with me. Either the insurance company is not in the habit of informing people of the legalities of adding someone to a policy or they assume you know the differences, which I did not. So even though the fault ultimately lies with me not knowing, I do believe there should be more clarity in cases like this. Just because people may be spouses to one another does not necessarily mean they are completely joined in every aspect. So anyway, with that said, I’m going to do a bit more homework to make sure I don’t get caught between a rock and hard place next time….Hopefully.
December 9th, 2016 at 12:39 am #Jonathan C

I live in Las Vegas Nevada I was recently involved in a car accident where I was hit on the driver side of my vehicle and I had no fault in it whatsoever so I called his insurance company to claim a settlement check to fix my vehicle which I was granted 2,250$ and once I took it the mechanic shop they found more problems with my vehicle so they contacted the insurance company notifying they have found more damage to my vehicle which they said they would pay for if further damage was found to the engine & eventually State Farm representative came by to look at my car which he considered totaled/salvage will I get the full amount of my vehicles value/worth which is 3,500$ ???????
December 9th, 2016 at 3:16 am #Jason

Jonathan,
It depends upon how much damage they find and if that damage is related to the accident.
December 9th, 2016 at 10:40 am #Jonathan C

It was the suspension frame when they considered it totaled already I received a call saying they would pay me my vehicles full value which is 3,600 then I got another call saying it was reduced to only 1405 which I think is unfair when they told me The first time they were paying the full value of my car . Am I in the right and should demand those 3600 ?????
December 9th, 2016 at 4:32 pm #Jason

Jonathan,
I don’t know if they are allowing for the repair of your car or if they are totaling your car. If you want to know the valuation of your car, go to nada (dot) com and insert your vehicle information including year, make, model, and miles. That should give you a good idea at what range your car is valued. Is your car being totaled or are you being given an amount for repair?
December 19th, 2016 at 1:33 am #5yearPlan

Utah
t-bone intersection crash other person ran red my insurance cut me a check 30 days after the accident i had to pay a 500 dollar deductable..my friend was driving my truck he was injured and need treatment .

after accident he was taken to er by ambulance..my insurance company didnt pay exhaust the 3000 pip until 9 months later at that time my friend was able to persue a 3rd party claim or lawsuit by utah law..

can we go after my insurance company for a bad faith for takeing 9 almost ten months to exhaust pip ? my friend has no health insurance and 10 months after the crash he just now starting treatment plan and submitted claim with at fault driver
December 19th, 2016 at 3:20 am #Jason

5year,
You could sue your insurance company but it is very, very unlikely you will be successful in your attempt. Nothing you’ve mentioned makes it even close to anything like bad faith. It takes a lot to reach the threshold of bad faith and taking 9 months to pay pip is not it.
December 22nd, 2016 at 8:55 pm #Marco Quintero

Hello I have a very big question and any replies would be a great help. I got in a car accident and my car was totalled. I kept my car and got a check from the other persons insurance, but they told me I had to make my car a salvage title. My car already is a salvage title would they ask for the check back or do they say that to every one after an accident?please help thank you
December 23rd, 2016 at 3:17 am #Jason

Marco,
Any check you receive from an insurance company is yours to keep and to do with it whatever you want. You don’t have to return the settlement check. That check settled your claim.
December 27th, 2016 at 4:29 pm #Dan Hilburn

I recently changed coverage for my home. I had bundled auto and homeowners insurance with Farmers. I had been with them since I purchased my home in 1999. The insurance change occurred on November 12, 2016. The new insurer had the house inspected and has informed me they are cancelling due to roof damage. Is it possible for me to file a claim with the previous company, Farmers, for repair of the roof, since the damage occurred while I was insured with them, or am I without recourse, except paying for the repair myself?
December 27th, 2016 at 4:46 pm #Jason

Dan,
Roof damage you mention is rather vague. You didn’t indicate when the damage occurred or from what cause. The only way you’re going to find out if it’s covered is to make a claim with your prior carrier.
December 27th, 2016 at 5:28 pm #Dan Hilburn

The cancellation notice from the new insurer merely states, “The roof has curled, crumbling and worn shingles.”
December 27th, 2016 at 5:34 pm #Dan Hilburn

Roof is at least 17 years old.
December 27th, 2016 at 5:49 pm #Jason

Dan,
It appears your roof is old and needs to be replaced. I don’t see that a claim for coverage would be honored if there is no covered cause of loss, like hail or wind damage. Instead the roof condition seems to be caused by age as indicated by the curling, crumbling, and worn state indicated by your new insurance company.
December 28th, 2016 at 2:23 am #Angelina

Hi,
Our roof started leaking and our neighbor referred us to a company and we called them to look at it. The company came over and said that and they also pointed out our siding that it also needed work. They claimed they could help us get everything covered by our insurance company because “they knew and spoke their language. They said that they will take over the claim and become our advocate mediating between us and the insurance company. They said that they work directly with the insurance company and even get paid directly from them. In other words that if approved we just sign over the check to them. They left us a contract we were suppose to sign giving them basically power of attorney over the claim. We They went up the roof and to and said we had several missing shingles. They also went to the room where the leak was. They finally went round the house looking at the siding and they left. We placed several calls to them after that and did not hear from them so we decided to call the insurance company ourselves. The insurance company came over, went up the roof and looked at our siding and gutter. Only for the Insurance company to return a second time with an engineer who also went up the roof to examine it. After all their investigation they said that someone had gone on the roof and removed several shingles and if we had to call the police and get a police report. We were devastated, confused and in disbelief. We called the police and got a report. The insurance went ahead and said that they will cover the roof under vandalism which we did not even know we had coverage for. They however refused to cover the siding claiming it was an old damage and after several months of their slow investigation they said they deny the claim because we did not protect the property from further loss. My question then is that when there is a criminal investigation vandalism on a property, is the home owner still obligated to still go ahead and fix or cover up the area in question before the conclusion?
December 28th, 2016 at 9:48 pm #Adam

Hi, I live in Michigan. I bought a brand new vehicle for my wife as a gift on Oct 2016. I spent about $67,500 including the title, tax and document fees.
My wife drove it for less than 2 months and the vehicle only has 800 miles on it. Then she got rear ended by another car when she was stopping for the traffic light. She spent one night at Emergency room and still has back and neck pain now.
My insurance company, Progressive estimated the repair cost would be about $27,000. Then they decided my car is total loss because they think the total loss value minus the scrap value for that car is less than the repair cost.
The problem is that they are only willing to pay me $58,000 for the cash value of my car. We only had it for 2 months and put 800 miles on it.
Can I negotiate the total loss value with the issuance company? If there is still a big gap, can I recover the difference from the at fault party?
Also, can I recover the sales tax, title and other fees about $4,000 from either my insurance company or the at fault party?
I cannot believe that, when we are not at fault, we have to suffer about $10,000 loss and cannot recover it from anyone related.
Any answers or advices would be greatly appreciated.

My brand new vehicle is total loss in an accident which was not at my fault. I only had that vehicle for 2 months and 800 miles. Now the insurance company is only willing to give me $10,000 less than what I paid. Can I recover the $10,000 difference from the at fault party, her insurance company or my insurance company? Your answer will be greatly appreciated.
December 29th, 2016 at 3:24 am #Jason

Adam,
Yes, you can negotiate. Look at nada (dot) com and input your car’s year, make, model, mileage, and check for market values. You will have to realize that the vehicle is not brand new and has 800 miles on it. It’s classification should be excellent though. Get the valuation report that your insurance company used and make sure they’re using excellent for the vehicle condition. If they are not, that is probably why it varies so much.

You can collect from either your insurance or the other insurance company. You cannot mix settlements. Ask for the tax, title, and fees from your insurance company.

Your in MI and it’s a no fault state for damages, except in certain extreme cases. You might not have an option of seeking anything from the at fault party.

As far as your wife’s injuries, she should consult with an injury attorney.
December 29th, 2016 at 3:28 am #Jason

Angelina,
Yes.
January 3rd, 2017 at 8:59 am #Christina

I was in the process of starting a new car insurance policy with Farmers, the same insurance company I had previously, but I moved so they stated I needed a new policy. Farmers canceled my old policy before acknowledging me and sent me a quote for a new policy to sign. The quote was almost double my previous policy and so I refused the insurance and went with another insurer for half the cost. Now I just received a bill from Farmers for almost $700 for the auto policy…. If I never signed a new policy there should be no legal way for them to charge me, correct?
January 3rd, 2017 at 9:00 am #Christina

I was in the process of starting a new car insurance policy with Farmers, the same insurance company I had previously, but I moved so they stated I needed a new policy. Farmers canceled my old policy before acknowledging me and sent me a quote for a new policy to sign. The quote was almost double my previous policy and so I refused the insurance and went with another insurer for half the cost. Now I just received a bill from Farmers for almost $700 for the auto policy…. If I never signed a new policy there should be no legal way for them to charge me, correct?
Ohio
January 3rd, 2017 at 5:53 pm #Jason

Christina,
I focus on insurance claim help, not insurance premium/billing concerns – or questions that involve legal matters.
January 8th, 2017 at 3:44 am #Owen Lee

The insurance adjuster waited over a month to assess the damage to my car. During that time the car battery died. When the estimator finally arrived to do the estimate he did not include a new battery. I received the estimate and check. I called the adjuster on the phone and he verbally authorized the new battery to me and the repair facility. When it came time to pay for the battery, the Insurance company is now saying that the cost of that battery is my responsibility. Whats the point of the adjuster authorizing the battery purchase and installation if he is not going to pay for it? I attached his own estimate to an email and very politely told him in email that if he doesn’t pay for the battery, I will be forced to sue him in small claims court. I am being harassed by the repair center for the $$ to cover the battery and installation.
January 8th, 2017 at 6:32 am #Jason

Owen,
If the battery lost it’s charge during the time the car remained stationary, the reasonable action would to recharge the battery with a battery charger. A drained battery due to being unused is not a battery that needs to be replaced – but rather one that needs to be recharged.

If the adjuster verbally authorized a new battery to you while you were on the phone with the adjuster, it leaves the repair facility out of the equation so it’s not likely anyone from the repair facility heard the authorization to which you reference.

If the battery needed to be replaced because it was directly and physically damaged due to an accident then it should be paid by insurance. However, if the battery lost it’s charge over a period of time, then the battery should be recharged and a battery replacement should not be paid by insurance.

It would be improper to sue the adjuster. You would have to sue the company he works for (and then him personally and/or professionally while representing the insurance company he worked for) but why?… the new battery and installation likely cost less than the amount you have to pay to file the court action. Besides the legal costs, a judge likely will not grant a judgment in your favor if the battery was not directly and physically damaged due to the accident. I suspect the battery in question has already been recycled as well, and it would not be available for testing and inspection. The verbal authorization you indicate the adjuster said means nothing.
January 9th, 2017 at 12:18 pm #Ifan

I have Insurance of my two Automobiles with Allstate. In April while picking up my kid from school, my wife’ car which was parked parallel. A teenage girl parked behind her very close. When my wife taking her car out her car’s bumper touched with the the licence plate of the car behind. Nothing happened but the teenage girl called her mother who advised her to call 911. She did whatever her mother told her to do. Cop came and first laughed at her and on her demand create a exchange of info letter and told her “I don’t think any one can claim anything on this incident, because no damage has done.” I informed my insurance agent that what happened and advice him, that in case any one claim, don’t approve it because no damage to any cars. My wife took the picture with cop’s permission showing Lic. plate of car and front portion, everything was intact, which I sent to Allstate as witness that nothing happened.
When we received renewal of insurance in December for next six month it was almost doubled. Upon asking they informed us that they settled claim of $813 for the damages to other party. When I asked why you didn’t contact me before settlement they said there is no need if you already informed us and put a major accident on my wife’s driving record/ public records.
They are also said in their letter that Cop is not qualified to assess the damage. Now if I want to change my insurance everyone is giving me higher price. At Allstate nobody is listening and after a month follow up they sent my insurance agent a letter that they spoke to my wife and she admitted that, while it was a lie because in Allstate’s record only my number is registered. My wife never received a call. They settled for front Hood, bumper, Grill & Fender. While the car was just a push like less than 1/100th MPH or less.
Now they are saying they can’t do anything and if I pay the higher premium for next six month, on filing a unsatisfactory note they will reimburse partial or whole six month’s insurance of that car. But the fake info. on my wife’s record and for next several years our insurance premium will be higher.
Your advice in this regard will be appreciated and most helpful.
Thanks,
Ifan
January 9th, 2017 at 4:01 pm #Jason

Ifan,
Your insurance company can settle any claim against you any way they want. That seems to be what happened.

Allstate is not rated very high in regard to customer claim satisfaction. I would advise you to find another insurance company to insure your vehicles. Since you are looking for different automobile insurance, look for other home/renters insurance too. Check out the options through an independent insurance agent who sells insurance for a number of insurance companies instead of just one like allstate, state farm, or farmers.
January 10th, 2017 at 12:25 pm #Tim

In CA, what duty does an insurance company have to pay a known lienholder on a total loss 3rd party claim? The carrier for the person at fault in a vehicle accident knew that there was a lienholder of record for the car that was totaled and yet still paid the total loss proceeds to the individual and not the lienholder.

Does the lienholder have any rights against this carrier? Does the carrier have any duty to pay a known 3rd party lienholder with whom it was communicating?

Can the carrier simply shrug and say go after the individual for these total loss proceeds?
January 10th, 2017 at 2:33 pm #Tasha De

hi, I was just wondering, a fire totaled my husbands Yukon last year and our insurance did not deny our claim but did take over 6 months to get our check, it was 5 months before they even picked up the truck. So my question really is since we still owed the finance company when the truck was totaled and our insurance just now got around to getting the checks mailed should I be responsible for the late fees that occurred for the monthly truck payment that has gone six months unpaid? Also is 6 months a long time to wait to get paid? The fire was no ones fault.
January 10th, 2017 at 3:56 pm #Jason

Tim,
The obligation due to an at-fault accident is to the owner of the car only. The lien holder obligation is between the lender and the owner only. It doesn’t involve the insurance company in the slightest.

The lien holder has no authority over the legal obligation the insurance company has to the owner of the property, regardless if their is a lien holder involved – even if the lien holder has communicated with the insurance company.

The insurance company has nothing to do with the owner’s debt obligation to the lien holder. Insurance liability for a 3rd party claimant has nothing to do with borrowed money.
January 10th, 2017 at 4:00 pm #Susan M.

My husband owed a van and hired a driver to operate it (trasporting loads).
The van was operating under a Corporation, driver paid by the Corporation, my husband was just the owner.
The driver was backing up on the side of the street parking the van when he hit a car that was coming out of an alley. The driver said it was minimal damage. Police report stated minimal damage. However the passanger on the right side sued Progressive for 200 000.
Progresive does not want to pay and now the passagers are suing The Corporation, the driver and my husbad personally . Progressive has lawyers assigned to the Corporation and the driver, but not my husband.
The Progressive premium and the driver were paid by the Corporation, and not my husbad personally. My husband has a rental contract with the corporation.
Can my husband be personally liable? Can Progresive refuse to cover my husband or provide him also with a lawyer?

Thank you
January 10th, 2017 at 4:02 pm #Jason

Tasha,
Your insurance company can take any reasonable amount of time to either honor your claim or deny it. Since the claim involved a fire, 6 months is likely a reasonable amount of time to investigate your claim.

You insurance has nothing what-so-ever to do with your loan obligation so if you failed or refused to pay your loan agreement which is a contract between you and the lien holder, the insurance company has nothing to do with that.

Because you failed or refused to make the payments to the lien holder based on your and the lien holder’s contract, you and you alone are responsible for any late payment fees.
January 10th, 2017 at 4:04 pm #Susan M.

For the above question I wanted to clarify something:

The Corporation was not under my husband, it was my husband friend that now says he had nothing to do with my husbad ‘s van although the coporation was paying and giving loads to the van.

Thank you
January 10th, 2017 at 4:15 pm #Jason

Susan,
The responsible party for the van’s operation is the corporation (lessee) and the driver. The corporation coverage provides for the coverage for the lessee and the driver. Your husband’s role is that of the lessor.

Legally, I don’t know if your husband is personally liable for any damage or injury that resulted from the arrangement you described, but since they sued him personally, he either has to be excused from the lawsuit or face potential personal liability. He should consult an attorney for his interest in this situation.

From what you presented, the insurance company has no obligation to defend him in this suit.
January 11th, 2017 at 11:12 am #Angie M

I live in Kentucky and bought a car in October went to the the insurance company for insurance told the I have a lean on the vechicle and needed the proper full coverage. well we had a accident today and when we called to report the claim I was advised that I only had liability with comprehensive. Is there anything I can do?
January 11th, 2017 at 6:07 pm #Tim

Thanks Jason. So what can a lienholder do to make sure loss payee proceeds don’t end up in its insured’s hands on a 3rd party claim and the insured gets a windfall at the expense of the lienholder? The odds of the insured just paying them over to the lienholder are likely slim to none.
January 11th, 2017 at 6:35 pm #Jason

Tim,
A loan for a vehicle is an agreement between the borrow and the lender.

A liability claim involving an insurance company for the at-fault driver creates an obligation to the owner of the damaged property. (The lien holder isn’t the owner, it is merely a lender.) That is a legal obligation the insurance company pays on behalf of their insured to the injured party. In a sense, it is a contract. The at-fault insurance company pays the claimant for the damage and the injured party releases the insurance company’s client from any further liability. The party’s involved are the insurance company for their insured and the claimant.

Please note that most every single contract involves 2 parties. Involving more than 2 parties is rather complicated and is difficult to develop.

The insured doesn’t get a windfall at the expense of anybody. If a vehicle gets damaged and the owner gets paid by a third party insurance company, the borrower still has an obligation to pay the loan.

What the borrower does with the money is up to borrower. If the borrower doesn’t pay back the money, that is a breach of the lending agreement between the borrower and the lender.
January 11th, 2017 at 8:57 pm #Owen Lee

Let me re-explain, AAA pays me via the estimate process, I pay the repair facility the repair facility gets their money. hence the chain of command. AAA > Me > Repair

Somewhere in the mess, AAA called the repair facility directly and authorized the new battery.

Now the repair facility wants me to pay the bill but I never authorized the purchase of the battery.

Normally AAA deals directly with the repair facility but in this rare circumstance they are dealing with me because My car is owned and on liability ins.

I’m an electrician so I’m quite familiar with how to charge a battery. No need to discuss that…

And thank you for attempting to help in the previous round! 🙂
January 12th, 2017 at 3:32 am #Jason

Owen,
With the subject of the battery, you won’t be receiving the money from AAA. That part of the process is skipped. You will have to pay the repair place with your own funds for the battery. You still didn’t mention if your battery was directly damaged due to the accident, but I will rely on the lack of focus on the vehicle condition and conclude that it simply wore out – which seems to be a reliable view.

Saying that AAA called the repair placed and authorized a battery is hearsay and I discount that statement completely. Especially since you already said they authorized it to the shop when you called them. You are the vehicle owner and only the owner can authorize something done to the vehicle. Why? Because on the owner of the vehicle is responsible for the vehicle and any expenses it incurs.

Incorrect – insurance companies, including AAA, deal directly with the insured or the claimant. Insurance companies are in the business of paying claims, not repairing vehicles.
January 12th, 2017 at 6:12 am #Owen Lee

Thank you Jason! Even though we could argue your hearsay claim since I have the Adjuster recorded telling me that he authorized the battery to the repair facility, it dosen’t matter, you agreed with me. If I didn’t authorize a battery replacement, the shop made a mistake and put one in anyway therefore It’s not my bill to pay.

Thank you for your help. I believe I have a solid case! Have a great Day!
January 15th, 2017 at 7:20 am #Jason

Angie,
Since you don’t have collision coverage, you will have to absorb any cost to fix the damage.
January 15th, 2017 at 7:30 am #Jason

Owen,
First you said the shop was informed of the insurance company authorization while you were on the phone with the insurance company.

Next you said the shop somehow received authorization directly from the insurance company via a telephone call.

Now you say you have a recording of that battery replacement authorization. —- I have to disregard every one of those claims.

A vehicle owner is the only person who can authorize work done to their vehicle because the owner is the only person responsible for any fees, expenses, or charges relating to their vehicle. Since the battery was not directly damaged as a result of the accident, the insurance company doesn’t need to pay for it – you do.
January 15th, 2017 at 7:39 am #Owen Lee

Jason, you can disregard anything you want, I have the recordings to prove that the insurance adjuster gave direct orders to the shop for repairs and because I didn’t give any orders, the shop is still wrong. Thank you for trying to help. Have a nice life!
January 15th, 2017 at 8:19 am #Jason

Owen,
How do you have recordings of direct orders the shop received? That doesn’t make sense because shops don’t normally record their conversations and if they did, they would not distribute those recordings to customers. You signed a repair authorization with the repair shop so you authorized your vehicle repair. Your battery has nothing to do with the accident. It appears you don’t want to pay for it but instead think you’re entitled to have your worn battery replaced at the expense of the repairer.
January 15th, 2017 at 9:31 am #Owen Lee

The Insurance creep called me on the phone and said “I authorized the battery” (I record all cell calls with an app on my phone) I said “you’re not supposed to be talking to the shop that I hired, directly” they take orders from me….

weather you believe me or not, I have the recordings and can prove beyond a reasonable doubt in court that I didn’t give the shop any orders to replace the battery and therefore I do not owe the bill… again, thank you for your limited help… I’ve got this…

The name of the app is “automatic call recorder” and can be found in the google play store!
January 15th, 2017 at 9:40 am #Owen Lee

Jason, you are making incorrect assumptions about my contract with the repair facility… I signed for the repairs I paid for and nothing more.. walk away.. I no longer need your services and I have thanked you profusely.

If you feel as though you need to retaliate against someone who is smarter than you, then keep attacking me, I can handle it just fine. I’d rather be happy and end this conversation here. You have already validated my claim. please do yourself a favor and be happy that I’m happy and no longer need you… again, thank you for attempting to answer my questions. Good luck with your attitude! 🙂 sincerely, Owen Lee
January 16th, 2017 at 6:51 pm #Jimmy

Hi there….I recently got into car accident and the person who hit me fm bending is at fault. My insurance company says my car is totaled and the check amount is xxx. Which is not the amount on what I am seeing out there for my car as I looked around for the car like mine/same year;close to the year and found one same year and had a lil more mileage and it was worthXXX. And it was like a couple thousand less then what my insurance adjuster is paying for my car. I am in Florida. Don’t I have the right to keep the car and they give me the. Repair amount they estimate it for and I go and fix it myself. They said the xxxa amount of rprs is this and if the value is this amount percentage over..then the car is considered totaled. So I dont have the rights to keep the car to fix it? Because I am getting stuck fm all sides. I got hit and now its forcing me to payoff off my car but the pmt fm insurance is not paying off the whole balance …which I understand. But the point is that this is not my fault and yet here I am force to pay off my car early and that causes me to pay out of my pocket monies I don’t have to pay the difference between balance and pmt fm my insurance. But the adjuster is not giving me a fair value As to compare to the 4 places I see my car is selling for…. what can I do…I told him I felt the value he gave me is not comparable to what I see the same car is sellling for today. Is there anyway to see about getting someone else to look into this besides him? I spent addl 3K for new tires and brakes I put in as well….. It just feel this is not fair as I am the victim here but I am having to work late into the nights to make time up for getting time out to call on this accident issues…..and going to the doctors…..I just feel no one can help me. But yet…I have to pay NOW the balance of my car loan…who has that kind of money, I dont that is why its called a monthly car loan….so how is it my fault that now I am having to pay the balance due all because my car is totaled fm someone who hit me fm behind?
January 17th, 2017 at 3:07 am #Jason

Jimmy,
You said your insurance isn’t offering you enough. Make a claim with the at fault driver’s insurance company for your vehicle damage and choose which ever offer is better. Remember with your insurance deductible, you will receive that back from the at-fault insurance company when your insurance company collects it from them and then returns it to you.

Also, see post #1520 for additional information about how the valuation for your car is determined.
January 18th, 2017 at 1:19 am #Rachel

I was headed home from my downtown office and was involved in a traffic accident (@ Chenevert & Franklin) with one the Harris County vehicles/employees @ approx 4:45pm. The county vehicle was in the far left turn only lane. I was in the middle turn left/go straight lane. As I was making a left turn from my lane the county vehicle proceeded to go straight from his turn left ONLY lane and hit my car on the drivers side, back tire/door which forced my vehicle in to and up on the curb/sidewalk, damaging both right side front and back tires & rims. The vehicle was drivable from the scene. However, within 2 days, that changed. The car begun to vibrate and a mechanic told me to stop driving the car; my only vehicle. At the scene, the other driver (employee on the clock) provided me with the county Claim Filing Procedures. I followed the instructions; sent in my the original claim with 2 estimates & photos in early February but when I called to verify receipt/next steps late February, there was no record. I resubmitted in person shortly after. May 2016, over 12 voicemail’s later, assigned Harris County adjuster, who finally called. Harris County is a self-insured entity who doesn’t cover/pay anything upfront. She offered an automated apology and her email address and said to send her my receipts to determine if payment was “RECOMMENDED”. I then called my insurance company for help. I ended up spending over $5100 out of pocket. I emailed Donell my reim. request and receipts 8/10/16 totaling $4,444.76. My insurance paid out (separately) over $4200. The next day:””Hello Mrs. Leblanc, I will review your file tomorrow and let you know if I need any additional information. In the event payment is recommended, the earliest a check could be issued would be around 15th/16th of Sept. Thanks for all your help.” They have offered a settlement to my insurance company of their paid out amount and denied all of my out of pocket expenses, rental car and deductible.

Last communication I received:
“Mrs. xxx
I have spoken with my manager and no additional reimbursement will be considered.

If you have any further questions, please let me know.”

I have a full-time job, 4 children (with one who is terminally ill), 1 car and no support system (no family in Texas to lean on). There was not 1 day I could have gone without transportation. How would HC expect me to get back and forth to work, get my kids to school, dr. appts, clinical trial, etc.? I guarantee if the situation were reversed, HC would be requesting I pay all expenses PLUS pain and suffering, loss of wages, etc. The first 2 weeks I went without reliable transportation; utilizing Uber and the help of my gracious neighbor who loaned me her car while she was on a business trip. Also, during the time of utilizing just Uber, my son had a seizure as he descended the stairs which caused him to tumbled down the stairs, nearly biting entirely through his tongue. Sustaining a concussion. I did not have transportation to take my son to the hospital. I had to call 911, wait 15 min for an ambulance ride that took 7 minutes and (after insurance) cost me $998 dollars out of pocket. It was then I made the decision to rent a car.

Please…someone…tell me there is some recourse here. There has to be. I have 11 months until they shut the door on me for good….
January 19th, 2017 at 9:46 am #T

Hi- My son was in an accident while on vacation and his insurance lapsed but it was paid. His vehicle was totaled (THANK GOD, no fatalities), his insurance company paid out for injuries, but says they will not cover the car because he wasn’t “insured”. Now they are suing him for the payout. Why would they pay anything if he wasn’t “insured”? I guess we are just confused and not sure what to do at this point. Any suggestions are greatly appreciated.
January 19th, 2017 at 5:12 pm #Jason

T,
In order to determine what’s going on, you have to provide accurate information. Insurance that is lapsed is not paid insurance – instead it is lapsed. Paid insurance isn’t considered lapsed if it is paid.

I don’t what you mean they paid out for injuries. Does that mean injuries of his passengers or that of people in other vehicles? How do you know they are suing him for the payout? On what basis are you making these assessments? I have no idea what is going on and based on what you’ve posted, I still have no idea what is going on. I don’t think you are relaying the information accurately.

Figure out what is going on and find out what to do based on reliable and accurate information.
January 25th, 2017 at 11:57 am #Gabe

Hello. Maybe someone here can help me.

I recently tried purchasing a new (used) car and upon trying to get it insured, I found that there was an accident reported which linked me as At Fault back in March, 2014. Of course I was shocked when I found this out. 1, being that it definitely was not me. And 2, how HIGH my rates were. The insurance company gave me a # to call (Lexis Nexis) and get a consumer disclosure to see if I could get more information on the matter. I also went to the DPS office to get my driving history report and it also shows No incidents under my name. Does the DPS and the Insurance Companies use different data bases. Is there any way I can have this removed from my name? Any help is very much appreciated.
January 25th, 2017 at 4:47 pm #Jason

Gabe,
If there is something incorrect with the reporting by Lexis Nexis, you will have to dispute that record. Get the report and dispute the accident which you claim is not yours.
January 27th, 2017 at 8:52 pm #Helen

I got into a minor accident that requires a payout from the other guys insuance. Most of that would go to body work, however my mother wants me to use the money to fix up the light fixture that got damaged and the other things that were already messed up in my car, and then give the rest to her to repair HER car. I wasn’t planning on fixing the body anyway, and I was going to save whatever is left for my move this fall… I feel like it’s a little wrong of her to request that, as she had no part in the accident. Thoughts?
January 28th, 2017 at 7:48 am #Jason

Helen,
It’s your money – do what you want with it. It’s not your mother’s money.
January 31st, 2017 at 5:28 am #Ms Vw

Hello Jason, i have an issue.

Last year ifiled a hail damage claim with Gieco. The adjuster came out and looked at the vehicle andestimated 4k in damages. The insurance sent me the check.

But the check was issued to me and the leimholder. I only owe the leimholder 600$. Can they send me a letter of garuntee so i can issue a personal checl or issue the leinholder a seperate check for the amount? And issue me another check for the balance.

The insurance already jas the title.
January 31st, 2017 at 5:41 pm #Jason

Ms Vw,
Why don’t you present the check to your lien holder? They will payoff the car and give you the remaining funds. That’s as simple as you can make it.

There is no reason your insurance should have the title, unless they totaled your car.
February 3rd, 2017 at 7:08 am #Duane

My car was rear ended at a stoplight and the adjuster for progressive came out and said there was only 1600.00 of damage. I pointed out the bend in the cars body and he said that doesn’t look consistant with the accident. I also told him that I just got the car back a week earlier as it had used engine put in it with only 50,000 miles and that all the parts that go along with replacing the engine were new. I gave him the receipt for my repairs. I then took it for a second opinion an got an estimate of 6000.00. Now the body shop told me the insurance won’t pay to fix it because the repair cost was to high and they would more than likely make it a total loss which they did. They then offered me a acv for the car going off of the 200,000 miles for comps. I gave them the paperwork showing that the new engine only had 47,000 miles on it. Then they called me to tell me at 6:15pm to tell me that I needed to return the rental car in the morning. They said I was only aloud to keep it two days after they made me an offer whether I agreed to it or not; however the first offer was based on them not using the correct mileage for comps and they are now redoing the offer which they have yet to present to me. The only thing I was told was that after arguing with me and making me come up with the paperwork for the engine mileage that it would really change the acv that much at all. Help please?
February 3rd, 2017 at 5:34 pm #Jason

Duane,
It seems they’ve made an offer. If you don’t like their offer, you can submit a claim with your insurance company if you have collision coverage. If you don’t have collision coverage, you will need to accept or refuse their offer. You have to realize that a car’s mileage is not a significant valuation change in value for a high mileage car that had a engine replaced with a used engine. A car with 200k miles and 50k on an engine is pretty much a car with 200k miles on it.
March 2nd, 2017 at 11:07 am #Trish

My vehicle caught fire, adjuster advised they would fix it, sent to autobody shop, and 2 1/2 months later i got my vehicle back, then a cheque was sent to me with a letter saying that it was for anguish, stress, being without a vehicle etc. 6 months later, insurance adjuster saying the cheque was not suppose to be addressed to me and it was for the autobody shop. The letter clearly did not say it was for the autobody shop. I waited 4 months before cashing the cheque and now they said there was no letter I have to pay the autobody? What now?
March 2nd, 2017 at 11:14 am #Jason

Trish,
Call your insurance company and find out. It seems odd that you would be sent a check for anguish and stress without having to sign a release. In fact, the more I think about it, the check you received sounds like the funds that should have been paid to the body shop.
March 19th, 2017 at 11:49 am #Mary

We recently had a hail storm and our vehicle was damaged. Our agent told us to get an estimate, so we took it to a body shop. The body shop quoted $4600 in damage. The insurance adjuster then came out to look at the car and he quoted half the amount in damage. My agent contacted him to see why it was half the amount, and his only response was that he is happy to look this over with the body shop of our choice. I understand that he is assuming we may cash out, and that’s why he wants us to commit to a body shop or take the lesser amount. We don’t know what would be best to do at this point because we had been thinking of selling the vehicle before the storm. Not sure yet if it’s smarter to fix all the damage, some of the damage, or none before trading or selling the vehicle, so we don’t want him to send a check in both our name and the auto body shop’s name. We do not have a loan on this vehicle. If they agree with the auto body shop on the amount of damage, can the insurance company require that the check is sent in our name AND the body shop name when we own the vehicle outright?
Thanks for your help!
March 19th, 2017 at 1:13 pm #Jason

Mary,
You seem to have picked up on what your insurance company is doing. It seems you can have the check issued in your name only and receive the estimate of damage determined by your adjuster.

If you want to get it repaired, then you can take the vehicle to your body shop and have it repaired. If the amount of repair is more than the amount they originally sent you, then they will pay an additional balance to the body shop.
March 19th, 2017 at 6:15 pm #Mary

Thank you!
March 21st, 2017 at 9:13 pm #matt

i was hit by two deer at same time causing dmage to drivers side of car and underneath car on passenger side. i turned accident into my insurance company. all seemed to be going fine they kept calling to make sure i was ok and told me to get estimate at repair shop of my choosing. i live in a small town in middle of nowhere. so they said they had no adjusters in area and to have rerpair shop send pics with estimates. so i do this and now they have refered my claim to special investigations unit. the guy came and we met he kept telling me i said one thing to claims rep and not what i was saying at present time. i called bs and requested my statement to be sent to me along with all the documents they had. the investigator wanted me to release my phone records and work records to him and i said that those are completely irrelevant to my situation and that my cell phone was not active at time of incident. i have prepaid cell phone and have to get minutes through cards at wal mart and i forgot to order one. any ways there refusing to fix my car without these documenst i call them they never answer. they refuse to send me there reasoning behind these documents. and refuse to send me all documents that apply to my claim. i belive this applys to bad faith clause. but i need some more laws to throw at them. company is geico and i live in oregon
March 26th, 2017 at 11:09 pm #Gabe

Update. I Disputed the claims thru Lexis Nexis and I’m Happy to say all erroneous claims (2 wrecks,at fault, and a DUI) have been removed from my driving record. It took time and patience but I’d like to thank Jason for pointing me in the right direction. Much appreciated! I can now breath a sigh of relief. Such a HELPFUL Forum.
March 27th, 2017 at 4:47 am #Jason

Gabe,
Since you had a couple of accidents and a dui on your record, your effort is not over yet. It may be that someone is using your identity, in the form of your driver’s license. You may not care that you might have to go through this dispute effort again but if you want to avoid that, you may need to determine who could be using your information and put a stop to it. There is always a paper trail to dig into.
April 14th, 2017 at 1:12 am #Barbara

Frustrated!

I bought a car from a neighbor and drove it for the first time (other than a test drive) to pick up a painting and mirror I’d inherited from my mother. When I returned home, I carried in bags of groceries and was returning to the car to retrieve the painting and mirror, but the engine had caught fire and flames were shooting out from under the hood. The fire dept. was able to put it out, but the painting (valued at $1,300.00) and antique mirror (valued at $399.00) were damaged beyond repair.

I am insured through Farmers Insurance. My frustration stems from being forced to pay a $500 deductible for the auto claim and another $1,000 deductible for a homeowners claim for the personal items that were destroyed. Farmers did not dispute The $1,600.00 valuation of the painting and mirror, but the $699.00 reimbursement after the $1,000.00 deductible is not enough to replace the painting and antique mirror.

Is this normal practice? I’m tempted to take the issue to small claims court–not solely because of monetary loss, but because I view it as unfair practices.
April 14th, 2017 at 3:32 am #Jason

Barbara,
You chose both your homeowner and auto deductibles. Your insurance company didn’t chose the deductibles. You can’t sue yourself.

Farmers is one of the highest rated insurance companies for customer claim dissatisfaction. Find a better insurance company. There are dozens and dozens that are better.

In companion claims settled by the same insurance company, many times they waive the lower of the deductibles for a claim involving the same incident. I don’t know if allstate applies that same business practice. Check your policies to determine if that is the case. It would be in the deductible section of the policies. If you can’t find that policy language, have your agent assist you.
May 3rd, 2017 at 1:23 pm #Hellzonwheels

What rights do a lien holder have if the insurance company is paying a low ACV? What if the lien holder has hired a 3rd party appraiser? Do we have the rights to invoke an appraisal clause?
May 3rd, 2017 at 9:42 pm #Jason

wheels,
The lien holder has no rights. Here is what your policy says in regard to your appraisal options:

APPRAISAL
If we and you do not agree on the amount of
loss, either may demand an appraisal of the loss.
In this event, each party will select a competent
and impartial appraiser. The two appraisers will
select an umpire. The appraisers will state sepa-
rately the actual cash value and the amount of
loss. If they fail to agree,
they will submit their dif-
ferences to the umpire. A decision agreed to by
any two will be binding. Each party will:
1. Pay its chosen appraiser; and
2. Bear the expenses of the appraisal and um-
pire equally.
B. We do not waive any of our rights under this
policy by agreeing to an appraisal.
May 30th, 2017 at 5:46 pm #Scott

My sister, brother inlaw, and mother lived together in a large two family house, that was once my father and mothers home. My sister and brother inlaw took ownership of the home. My sister died in a fire that was a complete loss. My brother inlaw who is the named insured received the entire payment for the contents. My mothers contents were inventoried and lumped together in one list. He will not pay her fair share which was around half. The insurance co refused to pay her because she was not the named insured. He thinks that her possessions had little value even though the appraised value of her possessions on the list shows otherwise, I don’t think he has ever looked at the list. He offered her $55,000 of a $320,000 payout. What can she do?
May 30th, 2017 at 6:43 pm #Jason

Scott,
It seems if he had the insurance and she did not, she will have to work it out with your B.I.L.
July 10th, 2017 at 4:07 pm #Mike Richard

Can an insurance adjuster change repair times after a repair is completed over the phone based on supplied supporting pictures.
July 17th, 2017 at 5:42 pm #Jason

Mike,
I don’t know what you are asking since your question in lacking punctuation and is confusing but I will assume to guess what you are trying to relay. Labor repair times are subjective and can be changed even without any photos.
July 19th, 2017 at 8:35 am #Isaac

Hello my name is Isaac me and my family had a fire back in July 21st 2016 my mother and father on the house my family occupied the home for four years before the fire have been my mom and I made her mental agreement between us and order for me to get California Edison established at the house the fire wasn’t too big it did minor damages I’m Automotive technician and my toolbox was in the garage which was where the fire started due to a AC condenser my question is where do I go which direction do I go when my tool receipts more pretty much stolen by my parents cut and crop my name kept all money for coverage C and D and made us pay for the mortgage while we were still there mine and seeing dime any of my receipts my mother lying to the insurance and told her that she lived in the house when she didn’t she lived in another house and three cities over they send an investigator from Washington who was investigating me the investigator told me and his words everything was going to be covered in my toolbox by smoke damage I’ve tried over and over to contact my parents insurance but nobody’s giving me any direction or anything about when my tools are replaced the home was later broken into and my toolbox was stolen along with a bunch of others tools and heavy equipment my family and I are out on the streets for months because the contractor came in and started ripping of the tile and messed up the breaker box we’re finally you know in a new home I’m just trying to see what my options are and which direction to go on getting my tools taken care of cuz it came up to $74,000 worth of tools I have all my receipts from Snap-on and Matco but like I said the insurance isn’t going to give me any information
July 19th, 2017 at 4:13 pm #Jason

Isaac,
Don’t rely on other people’s insurance to protect your property. Sounds like things are a bit messed up with how things are going with your smoke and fire loss. When you are unable to get any information out of your folks, then that doesn’t appear to be an avenue you should even be considering. If your tools are valued at the value you claim they are worth, it may have been reasonable that you had a renter’s policy. If you did, file a claim with your own insurance company. It appears you could claim either the smoke/fire event or the theft event.
August 10th, 2017 at 8:03 pm #Lynn

incurred a hail storm and the rental car was damaged. They requested more than $14,000 for the claim; my visa card offered to pay $8,926.03 for the repair but not the administration fee, diminished value (about $3000), and other fees. ACE agent asked me to sign the credit card authorization form for the difference of $5,251.92 before she is willing to sign the release from the visa insurance. I declined and then she threatened to turn the full claim to collection plus 30% feel and to place a lien.
What do I do? The visa advised me not to sign anything till they sent out a check but the ACE claim agent is refusing to sign the release.
August 11th, 2017 at 2:33 am #Jason

Lynn,
I have no idea why you need to sign anything. You have nothing to do with the damage since you CC is settling their claim on your behalf.

Once they accept and cash the check, their claim is settled in full. Nothing about your claim requires your signature. In order for the rental company to receive and cash the check, they will need to sign the release.
August 11th, 2017 at 6:58 am #Tom

I must be missing something. Lynn SEEMS to have said that she had a RENTAL car and while in her possession, it was damaged by HAIL. So WHY is she liable for an Act of God? Doesn’t the Rental Car Company maintain Insurance for THEIR car? I could understand if Lynn had a wreck, but responsible for an Act of God????

If Rental Car Contracts now demands that Acts of God are the sole responsibility of the Renter, then everyone needs to hire a lawyer before entering such contracts! Who does ACE represent? WHY would her Credit Card be paying for an Act of God??? What am I missing here????

Things sure must have changed since I was in the business. But then I was in Property with some CGL Investigations…
August 11th, 2017 at 12:41 pm #Lynn

Thank you for your reply. That was my stand too that they should settle with the insurance. But she said she will not sign the release and will forward my full claim amount and add 30% to the collection agency if I don’t pay the difference first. CC insurance is no help. They told me the rental car claim agency has the right to decline their offer and come after me. It just seem so shady and I cannot do anything to protect myself cuz the contract fine print said I’m responsible for all the charges.
August 11th, 2017 at 12:45 pm #Lynn

Hi Tom,
The rental car company holds the renter liable for ANY damages regardless of the cause nowadays apparently…as you said, it’s the risk of them doing business and should have their own insurance. But apparently they want to maximize their profit on everything they can.
August 11th, 2017 at 2:51 pm #Jason

Tom and Lynn,
Besides the visa insurance, there is likely coverage from one of Lynn’s owned vehicles, and then Ace’s insurance company. There is an order of which insurance company reacts. If there wasn’t the visa insurance, it would have went to Lynn’s owned vehicle coverage, and so on. It’s all about coordination of benefits and the rules are in place who covers first, second, third, etc.

I still fail to see why you should sign anything. If they don’t want to accept the offer, that is their choice. They can go after you for the entire claimed amount but visa (and your insurance company, if applicable) would not let you be stranded like that.

The care, custody, and control of a car is transferred to the renter and if it’s in either of the three C’s just mentioned, then it’s your responsibility if damage occurs on your watch.

It’s common for credit cards to provide coverage of this type. There are other coverages provided by credit card companies as well. They make money off interest, late fees, and annual fees so there is some money to pay for these claims that happen every so often.
August 11th, 2017 at 6:35 pm #Lynn

I called the visa and they said there is nothing they can do now they rejected the offer and it’s up to me to negotiate with the ACE claim agency regarding the difference. I am not sure what my plan of actions cab be next. The same claim company (Rockport auto claims hired by ACE) has 12 complaints on BBB website for the same issue so they have been doing this kind of practice to other people too and no one is able to stop them.
August 15th, 2017 at 7:07 pm #Tom

I am still not clear on the Players involved. Is ACE the Rental Company’s Ins or Yours? If not yours and if you have insurance under one of your vehicles, WHERE is YOUR Ins Co in all of this?

Or is there something you signed that dismisses YOUR Ins Co and goes directly to your CC’s Ins????
August 15th, 2017 at 8:03 pm #Jason

Tom,
Ace is the rental company. There is a coordination of benefits at play here. Look up coordination of benefits The primary insurance is the visa card. The secondary would be one of her automobile policies, the following would be Ace’s insurance. There is no need to involve insurance companies if the primary insurance party takes care of the claim in its entirety.

The coordination of benefits doesn’t allow anybody to dismiss an insurance coverage.
August 15th, 2017 at 11:06 pm #Denise

Hi, I have a question on life insurance. I received a bill in the mail which had my name on it. I opened it stating there was a balance that was due of $61.00 with a policy number, billing period 6 months, Insured & Payor had my name on both. My question to you is could my husband take out a policy without me knowing, and why would my name be in both of these? and why do you think someone would do this?

Thank you,
Denise
August 15th, 2017 at 11:28 pm #Jason

Denise,
All the questions posed should be asked of your husband.
August 16th, 2017 at 5:51 am #Jason

Lynn,
As best you can, put Ace’s claim on the back burner and let Ace and visa figure it out. It technically doesn’t even involve you anymore. Perhaps you can make your own insurance company aware of the situation, if you desire but I don’t believe that is even necessary.
August 16th, 2017 at 7:47 am #Tom

I respectfully kind of disagree with not notifying her Insurance Company. Especially since ACE has already dragged Lynn into the mix by making threats against her.

Normally, I would like to keep my insurance company out of the mix IF, ACE and her CC Company were “playing ball” in a fair manor. However, since the introduction of C.L.U.E., they find out anyway. And from what I read, ACE has already made threats against Lynn with an attempt to damage her credit. This COULD be moving toward legal implications.

This could run a risk of becoming a “Reporting Issue” against her Ins Co by being “blindsided” from NOT being Put on Notice. Ins Co’s DO expect to be made aware of any “Exposure” they may be subjected to in order to prepare for any needed defense. I would just be concerned about any “After the Fact” repercussions her company might take after having their Rights Violated by their Insured. They DO have their Defense Lawyers ready to protect THEIR interests should they eventually be dragged into it.

Coordination of Benefits is one thing; however, intentional Exclusion of Exposure may be something all together different. I hope it does not get to that point. I just hate to see Lynn “on the hook” for the $5,300+ from a greedy Rental Company… I do wish her the best of luck.
August 17th, 2017 at 7:02 pm #Lynn

Hi Tom and Jason,

Thank you for your insightful replies. I rented a car from ACE and a company (Rockport auto claims) based in TX handles their claims. I filed the claim through my credit card because I already have 2 claims (water damage and roof from wind storm) on my house this year and all my policies are under one insurance company. (Never had one incident in the past 20 years and this year 3 in 3 months!) the CC insurance supposedly can serve as the primary insurance. I haven’t heard from the auto claim agent this week (which is a little scary) but I am waiting to see how it pays out. I may contact my insurance if necessary but not sure when will be the time to do so. I was trying to look for a lawyer too but haven’t been successful.
August 18th, 2017 at 9:42 am #Tom

Lynn: In your last post, it almost sounded as if BOTH Property Claims were as a result of One Windstorm. IF that is true, then why did your Ins Co make 2 claims out of one? However, you might mean 1 from Water Damage then a Second Claim from Windstorm???

Perhaps you might if a Public Adjuster might be interested in getting involved; just a thought. Usually much cheaper than an Atty! Just an idea….
August 18th, 2017 at 9:44 am #Tom

This is the 3rd attempt to respond to a post where the System is NOT recognizing the CAPTCHA Code! Even checked the Code 3xs….

This is the 3rd time as a TEST…
August 19th, 2017 at 12:09 pm #Lynn

Hi Tom,

I had a claim for water damage and then a second claim for the roof, they are different claims. This year is just such a dramatic year for some reason. Thank you for the idea of A public adjuster… I didn’t think of that. I will look into it too.
Thank you!
October 24th, 2017 at 10:51 am #Tobin

I was in an automobile accident where a lady failed to yield at an intersection, she was approaching from the left where she had a clearly marked yield sign, I noticed her approach as I was approaching the intersection, but knew she had to yield for the yield sign, the street I was traveling was a through street with no signs whatsoever. She admitted to being totally at fault. I went to my agent and she called the other driver’s insurance company and helped me file a claim. Several day later I received a call from her companies appraiser saying he needed to look at the vehicle and estimate the damage, a couple days later he arrived to look at the my vehicle (I could not be present) he later called me and said that he would be checking the fair market value and asses the damage, at that time he also informed me that although their driver was completely at fault, because I had noticed her approaching the intersection his company considers that 20% my fault. I asked my agent if she had heard of such a thing and she said no, so what I am wanting to know is this a legal practice to say that since I saw her approaching, even though she had to yield at the yield sign, that I must take a 20% reduction of the amount I should receive for the damages or is her company just trying to save themselves some money? Is this something I have legal grounds to fight?
Thank you for any insight
October 26th, 2017 at 10:14 am #Becca

My friend asked to do a practice quote for my family. I agreed. We never agreed to move forward as her rates were not comparable.
Last month we receieved a bill for auto insurance from her. I messaged her and said we did not agree to this and she said she had already cancelled it. It was an accident she said.
This month I again received another bill and full packet explaining our insurance coverage. Again this was never agreed on and I told her okay only if it was practice. She has admitted it was a mistake but now we are frustrated and want to take legal action to protect ourselves. Is there something here that is not right? Our private information is on all of this paperwork and now in their system. We are not happy.
October 26th, 2017 at 4:46 pm #Jason

Becca,
What type of legal action do you want to take to protect yourself? I see nothing wrong other than your friend doesn’t know what she’s doing.

You obtained a rate quote and you got it. You either enter into a contract with the insurance company, or you don’t. Since they’re offer is being sent to you for the insurance coverage and you don’t want it, and didn’t pay for it, there is no contract to which you’ve entered with the insurance company. You’ve rejected their offer.

You freely gave your personal information for a quote and there is no undoing what you’ve already done.
October 31st, 2017 at 6:31 pm #Don Mohr

We recently had a broken water heater which flooded our downstairs we call the insurance company the next day to make a claim with us on September 19 didn’t hear from them for six weeks I hired a public adjuster who came out and then gave me a quote and I then sent it to my insurance company which didn’t like his report and just wanted to send out their independent adjuster so meanwhile it’s been almost 2 months legally how long do they have to settle this it seems like they dropped the ball.
October 31st, 2017 at 6:49 pm #Jason

Don,
You’ve hired a public adjuster to address your insurance concerns. You should ask your public adjuster since you’ve hired him to assist you with your claim.
November 1st, 2017 at 4:47 pm #Juan

Hi Jason,

I got in an accident about a month ago. A car pulled out of his driveway as I was driving by and hit me on the side. I filed the claim about an hour after the accident but did not call the police since there was nobody injured. I also called his insurance to give my official statement to them.

As of right now the other insurance haven’t been able to contact the other driver to get an official statement from him and they are telling me they can’t proceed with the investigation unless they have his statement.

I don’t have collision coverage on my insurance and I must go through his to pay for my damages. I’m guessing he is not picking up and avoiding his insurance. I’m wondering what should I do to get my car fixed, if I should bring in a lawyer or something?
November 1st, 2017 at 5:04 pm #Jason

Juan,
The other driver’s insurance company should be given some time to obtain the information they seek from their insured driver. If they aren’t able to reach their insured within 30 days or so, they should be willing and able to settle your claim with the information they have. Just be patient.

Also, don’t rely on other people’s insurance to protect your property. If you want to protect your property, you will need to obtain physical damage insurance.

A lawyer will not speed up the insurance company decision. Just give it some time.
November 3rd, 2017 at 9:03 am #Ayanna

My car was parked on the street and to my knowledge was hit. There was no note left, I called my insurance company filed a claim and they flat out told me I was lying I hit something. Which to me is a little mind blowing why I would lie when either way I have to pay a $500 deductible. Basically the said they will not pay my claim because my car was not hit. Can I get a lawyer to sue the insurance company.
November 3rd, 2017 at 12:47 pm #Ruby

Hi, a friend of mine who has Geico, was in a motorcycle accident last year. The adjuster came out and told him to take it to their body shop. The body shop had the bike for over 7 months and when all was said and done, the body shop gave the bike back to him in pieces, and even did some work on the custom parts which was not the original and tried to charge him for it. This was a custom built bike that he put almost $70,000 into it and now its a mess. What can he do
November 3rd, 2017 at 6:43 pm #Jason

Ayanna,
Where was the damage to your car? There must be some reason your insurance company is denying your claim. You didn’t provide enough information to determine what is going on. I don’t know why you are asking me why you would lie. What are the ways you are talking about when you say “either way”?

An attorney will charge you an hourly rate and likely will not be able to help you with your situation, but you will end up with a significant attorney bill.
November 3rd, 2017 at 6:47 pm #Jason

Ruby,
I seems the problem of your friend started during the time the repair shop had the bike. The concerns seem to be based on the repairs, and aren’t because of insurance. Is there a question you have that pertains to insurance?
November 9th, 2017 at 2:05 pm #Alisa

Hello. I had a deer ram my vehicle that was on a new policy of only 2 months and my insurance company says since my policy is so new that they have to investigate it before they pay for it to be fixed. Yes I have comprehensive insurance. It feels like they are delaying it not wanting to fix it when I have made 3 payments now on the insurance. They’re investigating to see if there’s a lapse in switching insurance companies. The deer hit me Nov 2 and they barely sent an adjuster to look it over yesterday. I feel like they’re dragging it out and don’t want to fix the damages that were made. Its my only vehicle to get back and forth to work. I’m so frustrated. My husband says its not legal of them to not abide by the policy we set up and we are paying on. Idk. Please give me advice.
November 9th, 2017 at 3:02 pm #Jason

Alisa,
Relax. Your insurance company is abiding by the contract you entered into with them called the insurance policy. They are allowed to investigate any claim you make. That is what they are doing. If a deer caused damage to your vehicle, that would be covered by your policy. You have provided your insurance company the right to investigate when the damage occurred and how the damage occurred. Did the deer damage occur during the current policy coverage, another policy coverage, or a lapse in insurance? Those are legitimate concerns and will be addressed prior to the conclusion of your claim.

Your husband is incorrect because the insurance company needs to abide by the policy, which is a legal act. Everything they are doing is abiding by the policy. You and he need to abide by the policy too.
November 13th, 2017 at 3:01 am #Monique Lindsy

My insurance company is doing an investigation on my claim, which is fine. However, I’m finding out they are calling family and friends that have nothing to do with my situation and who I never gave a number or permission to call. Is this illegal? Also, they keep changing the date they’ll notify me. Is this a normal practice?
November 13th, 2017 at 3:43 am #Jason

Monique,
You indicate your insurance company is doing an investigation of your claim and you said that is fine. Your friends and family are the most direct people to find out things about you and your situation. They don’t need to obtain other people’s numbers from you, or your permission to talk to anyone. Nothing you mentioned is illegal. If they need more time to investigate, that is what it is. In your policy, you give them broad authority to investigate any claim you file. What they are doing is perfectly legit.
November 15th, 2017 at 7:17 am #charles joseph

I live in Ohio. I got into a car accident on Jan 19. On Jan 21, the at-fault party’s insurance company contacted me and offered me $1,200 to settle my claim. Apparently I agreed although I don’t really remember this. Unbeknownst to me, I had a concussion. I was being treated by my primary care physician as a result of the accident and my concussion. He referred me for a CT scan the same day as the insurance company’s offer, which was recorded. Fast forward several months, I went through a lot of treatment for my concussion. Was taken off work, driving was restricted by my doctor, etc. Now that I’ve recovered and I want to make a claim, the insurance company is saying that I already agreed to accept $1,200. Is this legal? Do releases have to be in writing? Is a supposed settlement with someone suffering from a concussion enforceable?
November 15th, 2017 at 4:04 pm #Jason

Charles,
Your claim will not be settled until you and the insurance company both agree, in writing, that your claim is settled.

If you would have agreed to settle for $1200, you would have signed a release and received a check for $1200. Since that did not occur, there is no agreement. Have them reevaluate the value of your claim based on the related medical treatment you received and ask for a reflective offer so you and they can settle your claim.
November 21st, 2017 at 12:20 pm #danielle

I go through progressive insurance, and i am the head of the house hold. i dealt with and requested 1 specific agent the entire time so i didnt have to re-explain my case and he was also very very kind. i had a honda civic 2008, and owed 10,000 on it still. crashed by 3rd party, however we had full coverage, everything was taken care of, and my agent even offered to pay for a rental car. we were so relieved in our time of stress. the agent also happened to be a motivational speaker and very spiritual. we began emailing each other personally, after a few days he got really weird and i knew my husband would be upset if he even saw the messages so i kept that hidden. our agent okayed us for 2 extensions, and i called regularly to convey what was going on with both the insurance company, aaand the rental company. car was returned in perfect condition (how we got it, cleaned fresh, and car washed) on time. after the 1st extension i quit emailing him because of the context swaying inappropriately. after the car was returned we got an 800$ bill, $400 of which was covered by our deposit, and we were billed for an additional $400 which the insurance company all of the sudden did not in fact cover. we ended services, and took the hit. almost lost our home because of the delicate financial situation already. he retracted my 2nd extension because his feelings got hurt when i quit messaging. i said my husband read our messages and i couldnt talk anymore. this was wrong on so many levels, and i want to be compensated for what we had to pay out of pocket for that. i have all the emails, and his real name (which isnt the name he gave me while he was at work), and personal phone numbers. what can i do with this? sincerely, fucked in michigan
November 21st, 2017 at 12:21 pm #danielle

hi guys, I go through progressive insurance, and i am the head of the house hold. i dealt with and requested 1 specific agent the entire time so i didnt have to re-explain my case and he was also very very kind. i had a honda civic 2008, and owed 10,000 on it still. crashed by 3rd party, however we had full coverage, everything was taken care of, and my agent even offered to pay for a rental car. we were so relieved in our time of stress. the agent also happened to be a motivational speaker and very spiritual. we began emailing each other personally, after a few days he got really weird and i knew my husband would be upset if he even saw the messages so i kept that hidden. our agent okayed us for 2 extensions, and i called regularly to convey what was going on with both the insurance company, aaand the rental company. car was returned in perfect condition (how we got it, cleaned fresh, and car washed) on time. after the 1st extension i quit emailing him because of the context swaying inappropriately. after the car was returned we got an 800$ bill, $400 of which was covered by our deposit, and we were billed for an additional $400 which the insurance company all of the sudden did not in fact cover. we ended services, and took the hit. almost lost our home because of the delicate financial situation already. he retracted my 2nd extension because his feelings got hurt when i quit messaging. i said my husband read our messages and i couldnt talk anymore. this was wrong on so many levels, and i want to be compensated for what we had to pay out of pocket for that. i have all the emails, and his real name (which isnt the name he gave me while he was at work), and personal phone numbers. what can i do with this? sincerely, fucked in michigan
November 21st, 2017 at 7:12 pm #Jason

danielle,
You said you have full coverage and everything was taken care of. You mention agent, but it seems like you may have meant adjuster. I don’t know if your claim qualified for a rental. I don’t know enough about your claim details.

I don’t know if your personal relationship with a person who is in the insurance industry relates to an insurance concern.

As far as your claim that you almost lost your home over $400 – that doesn’t sound realistic.
November 25th, 2017 at 11:41 am #Natalie Kimber

Jason we have a 500,000 home built in 2000 with 40 year shingles. We put a water damage claim from “wind” 3 years ago. The insurance company at that time paid the roof and all the interior damage. 1 month ago we notice water damage inside on the same spot. Insurance company came and prevented it from further damage. But now they say the roof will not be covered due to faulty work that was done three years ago?? They will cover interior but not the roof. Roof estimate $2200 interior $1500 and our deductible is 1000. HELP! WHO IS LIABLE AND CSN THEY DO THIS??
November 25th, 2017 at 12:56 pm #Jason

Natalie,
The part of the policy your insurance company is relying on is the following:

B. We do not insure for loss to property described in Coverages A and B caused by any of the following. However, any ensuing loss to property described in Coverages A and B not precluded by any other provision in this policy is covered. (…)
3. Faulty, inadequate or defective:
a. Planning, zoning, development, surveying,
siting;
b. Design, specifications, workmanship, re-
pair, construction, renovation, remodeling,
grading, compaction;
c. Materials used in repair, construction, reno-
vation or remodeling; or
d. Maintenance;

The faulty work is what your insurance company is addressing in regard to your roof. The interior water damage is the covered ensuing damage the policy will cover.

Your insurance company is not in business to provide insurance protection for the roofer (or manufacturers) so that is why that exclusion is in your policy. I don’t know what is faulty as far as labor, materials, or design so I don’t know who to direct you to. Perhaps the original builder, the roofer from 3 years ago, or perhaps a product supplier.
November 26th, 2017 at 7:23 am #TW

Natalie:

I have to agree with Jason on this one.

HOPEFULLY, you hired a “Local” Roofer to replace your roof. If so,

STEP ONE:

I would check to see what kind of warranty they gave you on your roof for LABOR. Some give 5 years and some give 1 year. Even if they only gave 1 year, I would still ask them if they would look at the “bad spot” and MAYBE, they might correct it. If they will charge you, ask them how much they would charge to Repair the damage since it “supposedly” was their fault. Can’t hurt to just ask. Problem could be solved…

STEP TWO:

It would verify if they were Insured at the time they did the work. If so, you NEED to get a copy of their Liability Policy to verify and get their Agent’s Info. (This is something EVERYONE SHOULD DO “BEFORE” having work done by a contractor. I once had a Subcontract Roofer tell me he had Insurance when asked. I told him to show me a copy of the Policy and he produced an Auto Policy! He NEVER had applicable Construction Liability Ins. So I sent him on his way…)

STEP THREE:

If you hired an “out of town” Roofer, then you may be plum out of luck. Many times those guys will “call you in the Fall if they call you at all”! But IF, you hired a local Roofer and can get a copy if their Liability Policy that was inforce at the time of the Roof Installation, you might turn over a copy to YOUR Homeowner’s Ins to see if they might be willing to Subrogate back against your Roofer’s Policy. If so, you might even get your Deductible back! If they are not interested, they YOU can file a claim against THEIR Policy…

These are the Steps “I” would pursue. Just a thought and Good Luck.
December 6th, 2017 at 8:04 pm #Rebecca

Hello,
I recently t boned a driver because he was driving over the solid lines in a parking lot. I was going the right of way, he didn’t heave insurance but now I have a $250 deductible. He has a court date coming up for his ticket. Would I I go there and bring the deductible and rental fees there or do I have to go to small claims court.? My adjuster also stated that she sent a check for my damages because my vehicle was appraised by a collision center. My other question is they were afraid to lift my hood because the way I hit the car if they did my hood probably would not shut. So they stated I might have mechanical issues, but what if I find a shop that will fix the outside of my car for a lower rate and pocket the rest and then later while fixing it they find some mechanical issues ? Will my insurance company ask them what I paid them to fix the outside and find out or will they just send them the supplement ?
December 6th, 2017 at 8:05 pm #Rebecca

Hello,
I recently t boned a driver because he was driving over the solid lines in a parking lot. I was going the right of way, he didn’t heave insurance but now I have a $250 deductible. He has a court date coming up for his ticket. Would I I go there and bring the deductible and rental fees there or do I have to go to small claims court.? My adjuster also stated that she sent a check for my damages because my vehicle was appraised by a collision center. My other question is they were afraid to lift my hood because the way I hit the car if they did my hood probably would not shut. So they stated I might have mechanical issues, but what if I find a shop that will fix the outside of my car for a lower rate and pocket the rest and then later while fixing it they do find some mechanical issues ? Will my insurance company ask them what I paid them to fix the outside and find out or will they just send them the supplement ?
December 7th, 2017 at 6:30 am #Jason

Rebecca,
You can fix your car anyway you want. You don’t even have to fix it at all. If your car is damaged, it makes sense to get it fixed all the way and not consider doing only partial repairs so you have some cash.

His court appearance is only for his ticket. It has nothing to do with you and your expenses.
December 11th, 2017 at 2:11 pm #Claudia

Hello. I have a claim, which they pay for auto damages, my claim was going to expired 11/12/17, I fax to ins.co with settlement offer, they told me that is expired and closed because they call me and I don’t answer or return call.also I receive a letter in dicember 10 that my claim was closed, I call explain that I fax offer and she say that I don’t answer my phone in Nov 10 so she closed the claim, left me with medical bills unpaid and collection, can I do something about this situation
December 12th, 2017 at 3:40 pm #Jason

Claudia,
From your explanation, it appears your vehicle damages were paid to you already. You apparently also had a bodily injury claim and they have closed your claim. If your claim is closed, have them reopen it so they can address and settle your bodily injury claim.

However, you used the term expired and if your claim has exceeded the statute of limitations, then your claim is closed for good.

I don’t know where or when the accident happened so I can’t provide any additional information.
December 15th, 2017 at 5:27 pm #Kyle

I took two weeks to provide a very detailed contents list, over 130 images, receipts, and repair estimates for Pc’s that are salvage. The valuation process was finished Monday, i was told its now at the top mans desk awaiting approval/sign off. I have texted and called my adjusted asking for answers all week as i told them i was going back abroad for dental procedure and wanted to handle this prior. Yestetday I had a text from desk adjuster ” Hey, what is your line of work? Employer? ( from what i have read this is not allowed to be considered in claim or even asked….Then…..well you had a designer suit case Gucci ( receipt given) I said what are you asking? Are you wondering if I had the means to pay for such? Adjuster replied…..So you just like nice things right, Ill say that…” I thought to myself. wow…..Now no answers still and its friday. I am irate ….The Pehswar rugs and this bag were brought up. When you have two trees fall in house and 2″ of water in floor and your not home for 2 weeks post storm…Things do rot and get mildewed and ruined….I keep hearing….Sir. I have sent to my superior and its gone to her superior….We have 200,000 claims and its a process….However.The top man obviously looked at my claim to make mention of the higher ended items….What does this tell you…They have more than enough proof and ownership documentation…This has me irate! Its not like this is a large large claim…82 lines and approximately 45k per valuation. keep in mind they used enservio and the managers there signed off on this without isssue….Also they overly complimented me for my detailed outline and list for contents as well as pics…..They told me ” Sir, all of these pics arent needed…..” I thought well who knows they may be needed at a later date…So its obvious they are needed now…The bag was on wet 1 inch rain water soaked floor for two weeks……along with rugs. What do i do to put fire under them? I have called everyone all the way up to the CEO OF COMPANY AND LEFT VOICE MAILS STILL NOT ONE CALL BACK BUT FROM DESK ADJUSTER WHO WILL NOT TELL ME THE HIGHER UP MANS NAME OR NUMBER/EMAIL. THERE IS SOMETHING I CAN DO I HOPE TO EXPEDITE THIS
December 15th, 2017 at 5:42 pm #Continued from above post --Kyle

Continued:
I already got my structure claim funds…..which was 14,900.00- This has been a rocky road….Initially I was questioned about prior storm claim from Matthew when dad had home…( adjuster said it raised suspicion b/c there was a tarp on a tarp on the roof lol…So i was stalled and stallled for this until I, Not them finally offered to provide a letter from prior insurance showing all recoverable depreciation was given, all repairs done, and claim closed satisfactorily….Had I not provided I would have not been paid over mere speculation which is a shame…Let me go further to add something to my prior post….The designer bag was bought at an estate sale from another state. They gave me the receipt I assume to validate authenticity. The amount shown new purchased price was 3100.00 – I paid 1800. I was HONEST AND TRANSPARENT WITH them, and told the truth cause Karma is fun…..Still after such rigorous honesty one would think this would not even be item in question…..According to my desk adjuster it was approved from valuation all the way up. then was signed off by there supervisor as well as my desk adjusters supervisor, BUT DUE TO THE amount her supervisor cannot sign off on stuff over 25k….so its not at the CAT DIRECTORS DESK/CHIEF CLAIMS OFFICER OR SOMEONE LIKE THAT….This is crazy….Please GOd someone advise me with experience….Should I contact the insurance commission MOnday>or what do- The only reason I asked them to push this through was I had issues with bone loss in implants and must return overseas to have surgery, and didnt know this as I went out and already got over 5000 worth of replacement items, I dont wanna liquidate my stocks for monies to go back abroad….But looks like they are stalling me big time for a 81 item claim that got signed off on all the way to the top man….Now its stalled and I cannot get time frame, date or if they may want some other documentation from me, ( like they dont have more than enough already.
December 15th, 2017 at 6:18 pm #Jason

Kyle,
They can ask you any question they want in regard to your claim. It seems you provided what you needed to provide. You can’t rush the process if they want to complete their claim investigation or research. You want to expedite it but your schedule is not what is used. The insurance company’s work load and limitations are what determines that.
December 26th, 2017 at 5:35 am #RANDHIR SINGH

MY COMMERCIAL VEHICLE IMPOUNDED BY POLICE IN TP ACCIDENT CASE AND STANDING OUT SIDE POLICE STATION ,AFTER SOME DAYS ANOTHER TRUCK HIT MY VEHICLE AND DAMAGED THE CABIN VERY BADLY.SO ,MAY I HAVE RIGHT TO CLAIM OR NO.
December 26th, 2017 at 9:26 am #Jason

Randhir,
File a claim with your insurance company and find out.
January 2nd, 2018 at 7:10 pm #Diana Williams

My car was stolen, damaged, and then recovered. We sent it to the dealership to have the repairs done. They started with the body damage our insurance appraiser approved $4600 worth of repairs to be made. The insurance company deposited the $4600 in our account to pay the dealership. Then the car went over to their service department and the estimates there so far (to re-key the ignition and door locks) were $700 which they also deposited into our account. They aren’t sure what is causing the dome lights to stay on and the dinging noise (like the key was left in ignition, or the headlights are on). But they want to replace the steering wheel column to see if that will fix the issue, and that estimate is $1200. The insurance company told me that if replacing the steering wheel column does not work, they would have to total my car (and since they already would have 4600+700+1200 in the car, that if they total it, i would be out a car and they would only be giving me about $2000 in cash because my car is worth 8500). Is this even legal?? That is not ‘making me whole’. IT WASN’T MY decision to make all these repairs it was theirs.
January 2nd, 2018 at 7:24 pm #Jason

Diana,

A business decision was made to repair the car because it originally made sense to do that with the known damage that needed to be repaired. You would have made the same decision based on the information you had originally known. In fact, when you authorized the initial and subsequent repairs, you were under the assumption the car could be readily repaired. In a sense, you have been paid most of the fair market of the car already because they deposited the money into your account. The decision to make the repairs was yours. You are the car owned and the owner is the only one who can authorize repairs to be done.

Your best bet is to get the car repaired. Your insurance company concession to pay another $2000 to you is them giving up on the costs associated with repairing it because it is more in depth than they originally thought. You are being made whole but the max amount available to you for that is the total loss value of your car. If the repairs cost more than that, then that’s what it is.
January 5th, 2018 at 1:02 pm #Lisa Hannen

My car was hit by another driver and the other person insurance agreed to pay for the fixing of the damage. 4 weeks later they ended up totalling my car. I owe 14,000.00 to the finance company. They the insurance company want to pay off 7,000.00. How or who or what do I do to pay off the rest that is owed. I will be without a car and loose my job. What can I do PA.
January 5th, 2018 at 5:49 pm #Jason

Lisa,
If your car is worth $7000 and you owe $14000 for it, the insurance will pay you $7000 (probably directly to your lien holder) and you would owe the bank $7000. You would simply continue to make payments on your loan until it’s paid in full. I don’t know why you have such a high outstanding loan amount for a car that is worth half of what you have it financed for.

If you are unable to obtain another car, you can use public transportation or find other ways to work. If you lose your job, you will be without a car, without a job, and without income.
January 6th, 2018 at 8:52 am #Tom

Lisa:

I am not reading something here. There seems to be NO mention of YOUR insurance company. Do/Did you have auto insurance? IF you have Full Coverage, why did you not report your accident to YOUR Company?

If you do have insurance, depending on your coverage, maybe you should notify them to see if they can help you. Just hope you haven’t waited too long. Could you have GAP insurance? Ask your carrier.

Think you will find that it is usually never better to try and settle with an adversarial ins company by yourself.

Good Luck…
January 6th, 2018 at 4:29 pm #Christophor

OK, I was in an accident with a garbage truck, the truck ran over the front of my new camaro. Right over the hood. The police came and issued the ticket to the driver of the truck. At first when I called his insurance companythey told told me they were dening the claim, so i turned it over to my insurance company geico. I called in the claim and over the phone we decided where I was going to take my car to be repaired. It was a geico preferred repair facility. I was suppose to meet the adjuster there after my car was towed in. I called the adjuster but got no answer so I went to the meeting anyway. The adjuster did not show up so the autobody told me to just leave it and the adjuster would come and go over it. The body shop told me that the car would be done in about a week. I guess the adjuster went and did what he was suppose to do because the manager of the body called me and said they started working it. My car had structural damage but I was told it would be done in a week. Never once did I hear from the adjuster giving me an update. After about 3 weeks I went down to the body shop and noticed my car was not even near being complete. I got a little heated and asked why not. They said they were waiting for parts. I understood. I still have not spoken to my adjuster once even after calling and leaving a million messages. Finally after the fourth week I received a call from the body shop and they told me that they had to buy the replacement tires on ebay. I said fine. I went to pick up my car and still no adjuster. When I received my car it was dark. I took the car home and noticed that my headlights were different colors and one of them was pointing straight up. The car was also pulling to the right pretty hard. The next morning I looked at my car and noticed that the nose cone did not fit correctly and there was paint runs all over the front of my car. Also the marker lights were falling out and the spoiler was coming off. I also noticed that the pigtail that was connected to the lights falling out was still broken from the accident. I tried once again calling my adjuster with no answer. I took the car back to the shop and showed them the problems. They said they would take care of it but had to get approval from geico. So my car was there another week. They finally called me to pick up my car. I went down there and picked it up and they told me that the light they installed was the wrong one and they replaced it. They also replaced the wrong nose cone. They said they fixed the light falling out and the spoiler falling off.. I asked them what did they have to do to stop the pulling of the car. They told me they put the tires on backwards and it stopped the pulling. These are directional tires that were put on backwards. I took the car home again and once again the light fell out still with the broken pigtail and the spoiler fell off again because they used double sided tape to try to fix this. Dont forget this is a brand new camaro. I took the car back. I tried calling the adjuster again with no return call. Finally i called the claims department and bitched. They gave me the number of another adjuster. I called and she answered. I met her at the body shop. She was kind of weird and not getting it. Anyway the body shop had my car for another week. I went there and noticed they didnt even touch my car. I called the new adjuster 20 times with no response. The manager of the bodyshop told me that they couldnt buy me another tire because they didnt want to buy it on ebay and they couldnt return the tire that was bad with the radial pull because it was ebay. He told me that if I wanted tires to be replaced that I would have to buy them on my own.
Anyway I could go on and on. Let me tell you that Ive had three adjusters 2 body shops and I still have the same problems as I had when I first picked my car except now the tires are backwards. Everything is falling off and out still. 7 months have gone by and I still cant get these adjusters to call me back. Help what can I do! sorry so long but I had to give you a little history….
January 6th, 2018 at 4:39 pm #Jason

Christopher,
Your issues are with the repairer, not your insurance company. It’s really a repair concern. Insurance pays for the repair and you seem to have no concerns with that. You just have to get your car repaired. Even though it’s a preferred shop, you as the car owner have to decide who you can trust to completely fix your car.
February 18th, 2018 at 5:16 am #Darlene B. Demiraiakian

I was helping a friend, at the place his cousin rents, that he stays with. we were doing an engine swap, when he shook the chains, causing the engine to drop, severing the end of one finger and sliced another clear through from beginning to tip, which caused me to lose my job.
My friend doesn’t want any trouble where he lives, so he’s being uncooperative wih the landlords information to find what company he’s insured through.
Is there another way of finding out what insurance company the property is insured under and can I even file a claim, or do I have to sue?
My friend has no job or assets.
February 18th, 2018 at 6:28 am #Jason

Darlene,

Shaking chains alone does not cause an engine to drop. There needs to be more investigation to determine who, if anyone, is liability. So far, no liability by anyone has been suggested, including your involvement for your injury. (Liability may exist when one places themselves in a position of injury) Liability may be difficult to establish but there may be medical coverage for injuries sustained while on the property of the property owner. Medical coverage pays for injuries without the need to determine liability. Since the property owner isn’t compelled to have insurance, there may not even be medical insurance coverage available to you. Generally, if a property owner carries medical coverage insurance, the limit is either $1000 or $5000. This coverage pays for medical bills.

At the time of your injury, you indicate you were employed. Did you have health insurance through your employer?

If you aren’t able to determine if the land owner is insured, you will have to sue that property owner to basically force this information from the property owner.
March 13th, 2018 at 12:49 pm #Kristy

Hello,

Thanks for your time in answering. In reviewing our auto policies, we noticed that on one of our Cars, the car make and model is correct, however the Vin was incorrect. In contacting the insurance company we realized the VIN was associated to a car that is three years newer than what I have. We started our policy around 2014 and just ended our policy with the company, so it has been well over 4 years. Have they been charging us for the wrong vehicle and if so is it worth it for me to go back and file a claim?
Thanks!
March 13th, 2018 at 1:20 pm #Kristy

Hello,

I have another question in reviewing all of my documents, I noticed back in 2017 that my insurance company indicated that an “endorsement cancelling an endorsement”, in which below that it says they they were cancelling our uninsured motorist pd c-2 with collison. Does this mean that they cancelled our uninsured motorist property damage with collision on that car? Because even after that date we were still paying for it.
Thanks!
March 13th, 2018 at 1:39 pm #Jason

Kristy,
You had insured a car that you didn’t own. The car that you did own was not insured at all. You ask about making a claim, yet you didn’t mention anything about an accident injury or damage.

If you are asking if you should request the insurance company to adjust the premiums you paid for a car that you didn’t own, it doesn’t work that way. You paid a premium and they provided the insurance coverage specified in your policy. They earned the premium and your insurance company provided you with insurance coverage for a car (you didn’t own).

I don’t follow your second post. I would have to see the policy in order to see what was done. Your agent would probably be the best source to ask that question.
March 13th, 2018 at 2:37 pm #TW

RE Kristy:

Hold the Fort here… I might have a problem with this. NOT enough Information for MY opinion. I would need to know:

1. WHO put the WRONG V.I.N. Number on the policy that insured the
WRONG car?

2. Did Kristy write it down then relay it to the Agent? OR,

3. Did the Agent go out and look at the car and write down the wrong
number or to CONFIRM what they were Insuring?

4. Did whoever filled out the paperwork insuring the WRONG car make a
Typo thus insuring the WRONG car?

In MY opinion, IF it was the Agent who “goofed”, and Kristy could prove it, then the Agent would seem to be the one “on the hook” for insuring the WRONG car. In such case where the Agent made the mistake, it would only seem fair that the Agent refund Kristy’s money since HER car had NO insurance due to the fault of the Agent. IF I had the Proof, then I would put my Agent on Notice, in writing with a R.R.R. Letter to either reimburse me for all of my Premiums OR, to present a Claim to the Agent’s Errors & Omissions Insurance Company.

And IF it was the Ins Co who “goofed” while entering the Insured’s Info, then the Ins Co would seem to be the one “on the hook” for insuring the WRONG car. In such case where the Ins CO made the mistake, it would only seem fair that the Ins Co refund Kristy’s money since HER car had NO insurance due to the fault of the Ins Co.

In all fairness, the Ins Co did provide coverage for the WRONG car BUT, whose fault was it? IF the Ins Co was NOT at fault, then they DID extend coverage for a vehicle, though it be the wrong car. However, if it was the Agent’s Error, then the Agent should be “on the hook”.

I might ASSUME there were NO claims made because if so, the WRONG V.I.N. should have been caught at that time by either the Adjuster or the Repair Facility resulting in a Denial for Payment. Plus, there was no mention by Kristy of any claim(s) being made.

So IF the Agent made the mistake OR, the Insurance Company made the mistake, then it would be my opinion that Kristy was the one “harmed”, or “damaged” and therefore, she should NOT have to “Pay the Price” for someone else’s mistake.

As it stands, and from what I have read, this issue seems to remain more of a “Who Done It” mystery in determining any fault…

As far as Post #2, I would talk to my Agent for clarification. Seems that if they did cancel the coverage, then you should not be liable to pay for coverage not provided.

AGAIN, all of this is just MY Opinion and NO legal advise is being offered…
March 13th, 2018 at 3:38 pm #Jason

TW,
It doesn’t matter how the VIN was recorded incorrectly. It was. Correct the error and move on. A premium was paid for a car that was not owned, and an owned car was not insured.

Time has passed and the premium was earned and the coverage was extended. There is no unraveling what has already happened.

The only one responsible to make sure their car has insurance coverage is the car owner. Does that mean the car owner can assign that responsibility to the agent, the insurance company, or someone else? It doesn’t. A billing notice with a declaration page of vehicles and their respective coverage is sent out every 6 months. There were 8 opportunities for the insured to identify that the owned vehicle was not insured and to correct the issue.
March 13th, 2018 at 7:53 pm #Kristy

Hi
Thanks for all the great info. I went back through my paperwork and some research. To provide additional info I own a 2011 Tahoe but the vin is associated to a V8 2014 Tahoe. I insured the car in 2011 when I bought it. I actually have paperwork that I faxed them from 2011 from the bank with the VIN because of a deductible issue from the bank which they wanted an increase on. The vin on the bank paperwork is correct.
Also I do not have claims or issues on the car from 2011 to now. The only reason I figured this out is because our rates increased and I needed copies of our policies. When I started to compare with other companies and read the vin off my car, the other companies provided me a huge quote. And then questions arose.
I understand about the legal advice but I guess I am coming to the conclusion that I should ask a lawyer. I think you gave me enough info to help with my decision.
March 14th, 2018 at 7:07 am #TW

Kristy:

From what I understand, you gave your Ins Co Money, with the Correct V.I.N., in Good Faith, to insure YOUR 2011 vehicle. So did your Ins Co not pay attention and enter the WRONG V.I.N. on a Policy that insured “someone else’s” vehicle for them. Could this have resulted in Penalties for driving YOUR vehicle without Insurance? IF so, then I am at a loss to understand WHY it is YOUR fault where you should be “punished” for THEIR mistake???

I just do not subscribe to a belief that any Insurance Company can NEVER be held accountable for THEIR Negligent actions.

And to be honest, I know of NO Reasonable & Prudent person who runs out to compare their vehicle’s V.I.N. to the V.I.N. on the Policy Invoice every time they receive an Invoice, do you? I believe that most people just “Trust” their Ins Co for their accuracy.

I am NOT an Underwriter, but seems to me that a 2011 should have a lesser book value than a 2014. So if a Total Loss was paid out, WHY would the premiums be MORE expensive on an Older Vehicle???

I would agree that you might want to seek legal advice from an experienced attorney to get your matter straightened out.

I would also recommend you “run your numbers” to see how much it will cost you for an attorney vs how much you might be entitled to in the event of a recovery. In fictitious numbers, why spend $10k to only get back $4k?

Would be curious to hear how it turns out for you…

Best of luck!
March 19th, 2018 at 2:02 pm #Jason

TW,
It’s not about being punished, it’s about making sure the car you want your insurance company to insure matches. Don’t make up consequences of penalties for driving an uninsured vehicle when that wasn’t even alleged to have been the case.

To hire an attorney to hold an insurance company liable for the the neglect of an insured for allowing the incorrect vehicle to be insured for 4 years makes no sense. What would result is a certain expenditure with absolutely no return.

Don’t be so quick to blame the insurance company as the negligent party. Nothing Kristy posted even suggests any negligence by her insurance company. Assumptions about negligence are still just assumptions. She insured her 2011 Tahoe in 2011 but her the insurance policy insured a 2014 Tahoe (Kristy said: “we started our policy around 2014”.). The responsibility to make sure your insured vehicle is the one you want insured is solely up to the insured.

In Kristi’s subsequent post, she says, “To provide additional info I own a 2011 Tahoe but the vin is associated to a V8 2014 Tahoe.” She further states, ” I actually have paperwork that I faxed them from 2011…”.

The information above leaves out important details and facts about what happened in 2014. Sure, the VIN was correct in 2011 but something unknown happened in 2014. The information provided suggests that it’s impossible to insure a 2014 vehicle that hasn’t even been built when she faxed over the paperwork in 2011.

Bottom line: Make sure the vehicle insured through your insurance company is the vehicle you actually want insured. This responsibility belongs solely to the vehicle owner and cannot be delegated to the insurance company, agent, or any other party.
March 19th, 2018 at 8:48 pm #TW

Jason:

I see it not so much as punishment, but simply doing the right thing and returning the Insured’s premiums for services not rendered on a vehicle intended. Especially if it would have been the Ins Co’s fault. Would seem to me the Ins Co may have been “double dipping” since they may have been collecting premiums from BOTH, Kristi AND the actual 2014 Vehicle’s Owner. If so, then her Ins Co should still have her money in the bank, Right?

I really don’t think any Reasonable and Prudent person would intend for their premium money to pay for someone else’s coverage. That would be absurd. She stated, ” I insured the car in 2011 when I bought it. I actually have paperwork that I faxed them from 2011 from the bank with the V.I.N. …”. This comes across as the Ins Co received the paperwork WITH the correct V.I.N. and if so, WHO later changed it? Would seem any change would have been done AT the Ins Co or Agent’s Office. Unless you feel the Insured might have worked at the Ins Co and went to her office computer and just changed it herself so they could just make 4 years of payments for someone else’s vehicle that they didn’t even know while leaving their own vehicle uninsured?

Fact is, we don’t even know if the V.I.N. that didn’t match was on the actual Vehicle or, just the Ins Paperwork.

What I don’t understand is why you are insisting that the Insured is at fault no matter whose fault it was and should just forget it, move on, and just accept the penalty; even if the Ins Co was at fault. Now who’s punishing who?

So she owned a 2011 Tahoe in 2014. Sounds to me like the Insured may have owned a 3 year old Vehicle in 2014 when they decided to purchase a policy. I don’t quite understand your point about her insuring a car that had not even been built???

I never said the Insured should sue her insurance company. Only that she might consult with an attorney to see if she has any recourse to get her money back.

In my opinion, IF the Ins Co, or whoever, made the mistake, my opinion is that the Tort Feasor should refund the Insured’s Premiums. Especially since they could have been “double dipping” on the 2014 Tahoe’s Premiums. I completely disagree with you that the Insured should always be the one who is blamed and NO Ins Co should be liable for their mistakes…
March 20th, 2018 at 1:46 am #Jason

TW,
Insurance is about the transfer of liability in exchange for a premium. A premium was paid and the transfer of liability for the insured car of record was done. That amounts to delivery of contract. The coverage was rendered fully.

You keep referring to the fault of the insurance company. Insuring a vehicle after receiving a premium is not fault. Don’t assume fault unless fault is established. As of this moment, no fault (responsibility) of anybody except the insured, for not verifying her policy, has been confirmed.

The charge of double-dipping is another assumption and will be ignored entirely.

Any person should make sure the premium they pay is for the actual car they want insured. That person doesn’t even have to be reasonable or prudent for this to apply.

You assume again that the insured worked for the insurance company and changed her own vehicle coverage. Since that is based on fantasy, that assumption is also being ignored.

You may incorrectly call the insured’s responsibility “fault”, but I will again restate that it’s the responsibility of the insured to make sure the vehicle she is insuring is the correct vehicle. That responsibility cannot be assigned to anyone else.

The insured has her fax from 2011 that confirms her 2011 Tahoe VIN. She doesn’t allege the coverage was incorrect until sometime in 2014 when her policy began insuring a 2014 Tahoe. The insured did something (she said, “we started our policy around 2014”) in 2014 to cause a 2014 to be insured instead of her 2011. I’m not making this up. The insured wrote this. In order to figure out what is being said, one has to comprehend what is written.

The recourse the insured has, and she doesn’t need to pay an attorney to tell her, is that she can make sure the vehicle she is insuring is the one she wants insured. There are no do-overs after a premium is earned.

A tortfeasor is an individual who commits a wrongful act that injures another. There has not been a wrongful act established. If you indicate the “wrongful act’ is the insured allowing the wrong vehicle to be insured for 4 years, there is still no tortfeasor because the insured can’t be liable to herself.

Your last sentence again incorrectly assigns made-up blame to the insurance company for an alleged mistake you keep assuming was made by them.
March 20th, 2018 at 3:11 am #Robert

I’m a owner operator I drive a 18 wheeler and had a load of cars on and pulled up to the shell station and started to get fuel.when I pulled up to the fuel island I looked up at the 14 ft clearance sign.knowing that I the truck was 13.3 and the first car on the trailer was 13.4 I know that because I measured it after loaded up.the next car was 13.4 maybe about 1/2 in more not much.anyway leagal highth limit is13.6 The second car scraped the awning when I was pulling threw.did little over 3000$$$ to the new Cadillac scraped up roof and pop the back window.i had to pay for the damages to the car when I delivered the load of cars.do you think the shell station should be liable for the damages
March 20th, 2018 at 6:07 am #Jason

Robert,
The sign indicated 14 feet. The insinuates that vehicles and their trailers over 14 feet should not travel under the island canopy.

If your trailler’s load hit their canopy, you are liable for the damages you cause. That is why you had to pay for the damage to your load. Not only are your responsible for the damage to the load on the trailer, you are responsible for any damage to the canopy.

With the shell station owner’s permission, you could measure their canopy height. But why? What you can no longer do is measure the height of the load on your trailer since it has been delivered.
March 20th, 2018 at 10:03 am #TW

Jason: These are the FACTS presented by the Insured:

1) Vehicle is a 2011 Tahoe.

2) No mention of her owning the 2011 since 2011 (as a new vehicle) or if
they purchased is as a Used Vehicle in 2014. Only that she owns a
2011 and they “started a new policy” around 2014.

3) In 2017, they were made aware that their V.I.N. had been changed to
a 2014 Tahoe that did NOT belong to them and were being charged for
someone else’s policy.

4) In 2017, her Ins Co began canceling sections of their policy coverages
while continuing to charge the Insured anyway for coverage they no
longer had.

5) Insured had to fax information from 2011 that contained the CORRECT
V.I.N. to her Ins Co. who, at that time, was in possession of the
Correct V.I.N.

6) Insured merely asks a perfectly legitimate question, “Have they been
charging us for the wrong vehicle and if so is it worth it for me to go
back and file a claim?” You immediately respond (without
investigation) that it is all HER fault and should be Denied any Claim(s)
Filed.

It should have been the Ins Co’s RESPONSIBILITY to have noted any Error and Corrected it after communicating with the Insured. NOT take your position that if they leave their Insured w/o coverage on her vehicle, and they insure the WRONG vehicle, the they have the right to Double Dip off the WRONG Vehicle AND, if this Insured has any accident, they can then DENY any damage after pocketing her money! And with NO Legal Liability! Ever hear of Bad Faith? Ever hear of Consumer Protection? Just curious….

While I believe that an investigation of ALL of the FACT needs to be explored, minus any changes in Insurance & Consumer Law, I am totally Opposite of your opinion whereas, an Insurance Company is NEVER Liable for THEIR actions and that it is ALWAYS the Insured’s fault no matter what!

Based on the limited facts the Insured provided, I merely suggested she might consider talking to an attorney for any Legal Advice. But seems your Legal Advice is she is at fault without any investigation and should just “move on” since she has NO chance of any recovery.

And once again, you offer fantasyland legal advice that an Ins Co can NOT be held Liable for their actions, for any reason, and therefore, is Immune to ever possibly being a Tort Feasor. Respectfully, I totally disagree with your position…
April 3rd, 2018 at 5:02 pm #chels

Okay I am in a very stressful position please help. Okay about a month ago I was in a small fender-bender in Santa Cruz California the person I was in an accident with stopped unexpectedly so I believe that they are at fault. In his bumper and the car that I was driving or very small thing was dented the only thing were scratch marks from the license plate hitting his 2007 Camry. I was driving a friend’s car looking for parking and that was it and unfortunately I ended up with this big problem. We pulled over to the side and we went to exchange each other’s information but I didn’t have insurance on the car because the car was not mine and the person that the car I was driving belong to and just had purchased that car at a used car lot and didn’t have insurance yet either so I informed that person that I was in the accident with this information and I give them a picture of my driver’s license and he gave me a picture of his insurance policy and I forgot to get his driver’s license picture and he just ended up sexually harassing me and telling me threatening me that I need to give him $2,000 or sex and that’s why I didn’t even get a picture of his driver’s license because I was just so appalled and I was so upset at the time so I’m just made a police report and I contacted my insurance company and made a claim well a few weeks later his insurance company contacted me and are now suing me for $3,500 and I know the damage is not even close to that literally and I’m just worried because I don’t think my insurance company is going to cover it because I wasn’t even driving my car I just didn’t know what else to do but besides the right thing which was make a claim and I wasn’t aware that the car didn’t have insurance plus I was just parking it and and I still don’t believe that I was at fault because this guy stopped unexpectedly and it’s just not fair and on top of that he sexually harassed me and his whole objective was to get money in the beginning and now he’s got he got paid $3,500 for his 2007 Camry for his bumper that has scratches on it that you could barely even see? I don’t see why his own insurance company would pay him that much money and then try to sue me for that false property damage they haven’t even sent me a copy of the of the property damages breakdown. I understand that I made a mistake by not following up with all the facts before I got into my friend’s car without realizing or knowing or asking if there was insurance on it but am I going to get my license suspended there was no one injured and it could have been handled out of pocket if we could have figured out who was at fault without him just threatening me sexually harassing me and blaming me and plus I’m just a female and he was there with three guys and I was just with myself and my 7 year old son. This guy is just disgusting and he’s getting away with this whole insurance fraud his whole objective was to get money in the beginning and now he got all this money and they’re suing me for something that can’t be that much money and I’m worried that I’m going to get my license taken away I can’t have that right now it’s just a mess and I’m just worried I need help I need answers my insurance company adjuster is is just not returning my calls and the other adjusters that I speak to are so rude. And my adjuster told me that he was going to help me and that I might be able to just have it taken care of through him but then the other adjuster told me that it won’t be covered and that I have to pay out of pocket and I should just pay them the $3,500 and I’m like what I don’t even got that money right now and why would I pay that if I know that the damages weren’t nearly close to being that much literally I feel like I’m just getting ripped off all the way around please help
April 3rd, 2018 at 5:33 pm #Jason

chels,
If you hit someone in the rear, you are at fault even if their stop was abrupt.

You were driving an uninsured car owned by a friend.

I think you’ve indicated you have liability on at least one car you own.

Your policy reads something very similar to this:

INSURING AGREEMENT
A. We will pay damages for “bodily injury” or “prop-
erty damage” for which any “insured” becomes le-
gally responsible because of an auto accident.

It seems you are an insured who has become legally responsible for damage due to an automobile accident. (Even though you don’t own the involved car.) Your policy may provide you liability coverage in your case for the other person’s damage. There are some exclusions to that coverage but you didn’t mention any of them so I didn’t address them.

Don’t worry about the damage amount. Just work with your insurance company to make sure the claim gets settled.
April 4th, 2018 at 5:24 pm #Matthew

Hi, I was rear-ended by someone who didn’t have insurance on them at the time. A police report was filed which the person who hit me being liable for the accident. I had to go through my insurance to file the claim to which they originally told me that the other party was insured. Based on this information provided, I was told I can rent a car and submit the invoice to work on being reimbursed. This was all over a month ago. Today they told me that the other party actually wasn’t insured, and that the only way to get my money back would be to go to small claims court. The entire reason I rented a car was because it could be charged to the other party who caused the accident. My insurance company sent my repair costs to collections for the other party but are stating that they can’t do it for out of pocket expenses due to Washington state law prohibiting this practice. They are unwilling to make any corrections based on their own error. Is there anything I can do further? Is this in fact valid?
April 4th, 2018 at 7:34 pm #Jason

Matthew,
You were told you can rent a car and the uninsured person’s insurance was going to pay for your rental? You knew the other person didn’t have insurance but you incurred a rental expense hoping the other person had insurance even though you were fully aware he didn’t?

If there is no method or means to collect expenses you incurred for an uninsured person’s liability, there is no way you can collect amounts from a source that doesn’t exist.

It appears you made the error by relying on an assumption that you can collect rental fees from an uninsured person. Your insurance company didn’t make any errors, you did. You can ask the at-fault driver to pay your rental fees but don’t expect that to occur from a loser that was uninsured in the first place.
June 9th, 2018 at 9:47 pm #Don

My car was vandalized a few weeks back, I had a couple estimates while waiting on insurance company. An insurance adjuster called me and said he had spoken to one of the shops that provided one of the estimates, the adjuster explained that he and the shop and negotiated a total cost to fix the vehicle, the amount sounded correct to me so I said that sounded fine. The insurance adjuster then said he would issue a 2-party check to the shop (my name and the shops name on the check). I explained that it would be more convenient for me and that I preferred the check be issued and mailed to me, the adjuster insisted that the check must be sent 2-party, I then explained again that I wanted the check made payable and mailed to me, that my vehicle is owned free and clear no loans and that I wanted control of the check as I dont want to be locked into anything with any shop I then said if a 2-party check has to be issued then provided the check is made payable to party A (me) OR party B (whatever shop) and mailed to me then that would be fine, the adjuster then said he would have to get back with me …..

I am in Michigan, my vehicle is owned by me and I owe no money on it and there are no lien holders.

I fully intend to have my vehicle repaired even though I dont think its any of the insurance companies business what I do with the money or who I have fix the vehicle and I really dont like the whole 2-party check thing.

Also over the last few weeks of being bs’d around by the insurance company I have started to do some of the work on the vehicle myself (non specialized repairs and replacing of some parts that I was able to do on my own, leaving main damage to be done at a shop. I’m going to be paying a shop for parts and work that i have done already or haggle with a shop to issue some type of partial refund.

Any advise would be appreciated, thanks!!
June 10th, 2018 at 6:08 am #Jason

Don,
Talk to the claims manager. You are the insured and your policy provides for you to be paid for loss in value which is confirmed by the repair facility. The repair facility is not an insured with you.

Your ability to be persuasive with the claims manager will be needed to get the check sent to you without a non-insured party being listed on the check with you.
June 10th, 2018 at 6:40 am #Tom

Don:

I agree with Jason. Especially about the part where YOU are the Insured, NOT the Body Shop! The Ins Co’s responsibility is to YOU. I just don’t see where any Ins Co can DICTATE who you use or that you must use anyone.

I have witnessed Ins Co’s “persuade” an Insd to use THEIR Preferred Repair Vendor while standing behind their Vendor’s work. THEN, a problem arose, and the Ins Co “bailed” telling the Insd that the issue was between them and THEIR Repair Vendor! Now what’s wrong with that picture???

Many years ago, I was a Repair Company specializing in Home Owner’s Ins Claim Damages. I recall the Insurance Industry telling us that a Repair Company can NOT be an Ins Adjuster due to “Conflict of Interest”. Now we see the Ins Co’s (who employ Ins ADJUSTERS) Owning, and/or almost demanding an Insured use THEIR Preferred Vendors to save THEM money. Again, what wrong with THIS picture?????

Best of luck with your claim.
June 23rd, 2018 at 12:55 pm #Breanna

I received an insurance claim check in my name I do have a lien holder I wasn’t able to cash deposit check to do repairs so I went to lien holder they told me I had to hand over check and that when I do find a place to repair car to give estimate and the dealership will reissue check for the repair amount and I don’t get left over Balance I have $4,000 left to pay off can the dealership do that or am I entitled to left over Balance of claim check? Arkansas
June 23rd, 2018 at 2:11 pm #Jason

Breanna,
Your question is related entirely to your arrangement you have with the dealership/lien holder. It’s not insurance related. I don’t know what kind of agreement you have with the dealership so what they are telling you is probably correct – but I don’t know the terms of your agreement with them.
July 2nd, 2018 at 8:01 am #Irene

I had a car 10 years ago that was a total loss. My Ins made a check for the loss over $12K made payable to my Lender. It was never cashed. Since then my Lender sold my loan 3x to other lenders. My credit showed this but I wasn’t sure if it was a mistake.
I just received a call from a legal Collection company that is summoning me to court to pay the 3rd Lender now. Which I thought was taken care of. The Insurance Co volunteered to reissue the check, but I explained to them that it has to be made to me, because the Lender it no longer and has been sold 3x. Legal Collection department stated to me that have my Insurance Company issue me the check and she would send me a link via my email as to where to pay this off. She stated the reissue of the check was between my Insurance Company and me. So should they make the check payable to me since its gone this far?
Urgent Response please. Their calling me every hour.
Thank you.
July 2nd, 2018 at 8:06 am #Irene

I had a car 10 years ago that was a total loss. My Ins made a check for the loss over $12K made payable to my Lender. It was never cashed. Since then my Lender sold my loan 3x to other lenders. My credit showed this but I wasn’t sure if it was a mistake. I asked my then Insurance Company how come they never notified me of the check never being cashed which caused it to filed as a bad rating on my credit scores. If the check was never cashed how could the claim be closed. She told me once they issue the check they close the claim. This was in Texas and this is still where I live. Though the accident and loss happened in Florida, if this matters?
I just received a call from a Legal Collection company that is summoning me to court to pay the 3rd Lender now. Which I thought was taken care of. The Insurance Co volunteered to reissue the check, but I explained to them that it has to be made to me, because the Lender is no longer the Lender and it has been sold 3x. Legal Collection department stated to me to have my Insurance Company issue me the check and she would send me a link via my email to pay this off. She stated the re-issue of the check was between my Insurance Company and me. So should they make the check payable to me since its gone this far?

Urgent Response please. Their calling me every hour.
Thank you.
July 9th, 2018 at 2:08 pm #KATIE WILLIAMS

HOW DO ONE GET A LEGALLY RESTRAIN FOR THE INSURANCE COMPANY NOT TO RELEASE FUNDS DO TO THE BENEFICIAL BEING CHANGE 10 DAYS BEFORE MY MOTHER DIED OF 4 STAGE CANCER
July 9th, 2018 at 2:51 pm #Jason

Katie,
Sounds like you have to discuss that with an attorney.
July 30th, 2018 at 10:14 am #james journell

This is gregI was in a car accident on May 8th I had liability on my car the lady ran a red light and I hit her in the intersection unfortunately even though there was a witness the guy that was sitting next to her that said she ran a red light the police said the accident was undetermined I was going to let it go but then I got a letter saying that the lady that ran the red light had hired a lawyer when I contacted my insurance company they told me that them Geico and State Farm had agreed to pay 50% of damages send State Farm contacted me saying that they were going to pay me there 50% of my total loss on my vehicle then they called me back and told me that the tow company no longer has a car so they could not process the claim so I called her so company and found out where what happened to the car could have been sold to an salvage yard no one ever contacted me I was waiting on the insurance companies to figure out what they were going to do so I found the salvage yard and called State Farm and told them where the car was and took pictures and send it to them they sent an adjuster out and had him do the total loss then called me and said they could not complete the claim without the title so I told them I had the title at the house and I would send them a copy of it I sent them a copy of it and then they called me and told me that because the salvage yard of the car during all of this that I was not eligible to receive a settlement for my losses is this legal
July 30th, 2018 at 10:23 am #Jason

James/Greg,
I don’t know your situation based on what you wrote. I don’t know what the salvage yard has to do with your claim. It doesn’t make sense and that might be because you didn’t explain it well enough.
August 18th, 2018 at 3:39 am #jean

I was away on vacation when the person watching my dog wanted to use my car asked if he could use for work I gave him permission to use it on Sunday the accident was on Monday. He got stuck in hail storm and then ran a red light hitting another driver.. The driver never towed the car from the road side, he never told me he was in an accident. He never filed a police report. can I take him to civil court to at least cover my deductible and car rental. ?
August 18th, 2018 at 7:31 am #Jason

jean,
You gave permission to use your car. I’m fairly confident there were no restrictions placed on the permission you granted.

You can sue anybody you want for any reason at all. The thing is, will you be successful with that action? It will be time consuming, involve expense you may never recover, and the outcome is unknown. However, let’s assume you are successful and were able to secure a judgment. Now you would have to invest more time and expense to collect that judgment. It’s up to you to ultimately decide what you want to do.

If your insurance knows about the situation and they deem the driver to be liable to you for your deductible and rental expenses, they may be trying to recover your money from him. Being that he was a permissive driver might preclude them from attempting to collect from him.

Have you asked the responsible driver to pay you for your deductible and rental expenses? I would do that and if he doesn’t pay anything, then I would set the matter behind me and consider it a learning experience.
August 24th, 2018 at 11:15 am #Ann W

An insurance adjuster made a payment for PIP coverage for treatment by our medical facility to the patient’s attorney rather than our facility for 3 dates of service. Our name was not on the check but we reviewed the explanation of benefits on the insurance website stating it was for our 3 service dates and was mailed to the attorney in his name. The Ins company stated this was there policy if there was an attorney on file. We do not have an agreement or letter protection with the attorney ( we do not accept these) and do not want to pursue that as an option…and it is not being offered by the law firm. Does the insurance company have an obligation to pay us via another check since the bill is technically unpaid? What are the laws regarding this (inTexas).
August 24th, 2018 at 11:36 am #Jason

Ann,
Your medical facility provided service to the patient and the patient is the person who is responsible for the medical services received. Your medical facility has a contractual agreement with the patient. It doesn’t have a contractual agreement with the insurance company.

The insurance company paid their insured (through the patient’s attorney) for the medical bills incurred by the patient. The insurance company doesn’t owe your medical facility a dime. Who owes you for the medical treatment is the patient who is the one who received the treatment. If you want the bill paid, seek payment from the patient.
October 25th, 2018 at 11:01 am #Steve Shelton

I was staying at a Marriott (Ritz Carlton) hotel in Hawaii when the floor or two floors above us a water sprinkler (Fire system) came on. The alarm sounded, and we heard an announcement to evacuate. we were outside for 45 min to one hour and given a clear to go back in was given. When we walked into the room we saw water was coming through the ceiling into the room. The water was a line from one side to the other of the room. Looking around my wife noticed it was dripping, almost running in some spots she moved a suitcase, and clothes and i then spotted my laptop on the dresser. I had been using the laptop when the alarm went off, so power supply was plugged in and laptop was on and open. I reached over to the laptop and when I picked it up water ran out of it and I heard a sizzling, crackle sound. The laptop flickered and went out, as this occurred i pulled the power plug from the laptop and sat it aside. We called the front desk and told hem of what was and had happened, so they asked if anything was damaged? i told them that some clothes got wet, the suitcase and about the laptop. We had an engagement to get to and they said they would have security talk to me later, or come up. Two or three hours later we returned to a new room they moved us to and I then called the front desk, thanked them and asked what I needed to do. In talking to security I was asked if the laptop was OK or was it damaged. I didn’t know and was asked if it would it turn on? I did as i was told and picked it up and turned it on with nothing happening. I plugged in the power supply and again heard a sizzle or crackle and either smoke or steam came out. I told them (Security or front desk) as I was doing this and what just happened which they said do not worry it would be taken care of. A couple of days went by and talked to the Manager on duty, thanked him for the move, and asked the manager what to do next. The Manager said they would not replace it now that security had started a claim to the corporate office and it would be taken care of. The rest of the week went by and we went home which is when I reached out to the claim examiner. I was told they would be working on it soon. a month, almost 2 months goes by and a couple of calls still nothing.Finally this past week I was told by the claims person he was swamped and had not looked at it, but that he would work the claim the next day or two. Next day he emailed me and asked for purchase Information for the laptop, and the very recent upgraded Solid State Drive which was sent to the adjuster. Laptop was 10to 11 months old sent receipt and description. He said he had to depreciate it and gave me a figure of about 1,000 dollars. two hours later he emailed and asked for a letter from a technician as to why the laptop should be replaced and why it was not repairable? said he was with-drawing his offer, and that they may want the unit as part of the settlement. The adjuster complained and told me he thought I was asking for as much as it cost new so that is why he was asking for letter from tech and why they may want it. Which i have not told him yet, as I do not have it. We removed the drive in hopes we can get data off of when it was replaced. No one told me to hold on to it and in fact the Hotel asked me if i wanted them to throw it away after I had the drive removed.. Bottom line is almost two months and now the ru a round is starting!!! At least I feel like it is….
October 25th, 2018 at 11:41 am #Jason

Steve,
File a claim with your homeowner insurance company for the damage to your computer. Your computer is covered on a replacement cost basis and depreciation isn’t taken into account if you replace it. After they settle your claim, they will send a notice to the hotel for repayment, which will also include a request to reimburse you for your deductible.
October 31st, 2018 at 2:38 pm #Aaron Wolfe

Hello I need some incite on a issue with Geico. So my girlfriend and I packed up are things bought an RV (she bought it). Had it added to her Geico insurance.Full coverage Well she was in A parking lot learning to drive it.Well she hit a tree branch smashed the window ripped off the mirror and bent the arm on the awning .So now it sits in a tow yard collecting a huge bill plus maybe a lien .Should of Geico taken car of all this.?
October 31st, 2018 at 3:50 pm #Jason

Aaron,
I don’t know enough about your situation to know what might be paid. Instead of writing on this site, get in contact with the claim adjuster who is handing the claim and find out what’s going on.
November 6th, 2018 at 7:16 am #Evelyn Casas

My father owns a transportation company and a couple of weeks ago his trailer was damaged at a facility. We requested insurance information to repair any damages and the owner of the warehouse he would like to solve this without the insurance company getting involved. We send him an estimate we obtained at a repair shop and he agreed. However, we asked if we could have the money deposited to our account since he we were unsure of how long our driver would be able to repair the damage. Last night, our driver happened to unload at his facility but the damage has not been fixed. He called us and informed us he will be suing us because we did not fix the trailer. I have an email where he states that depositing the money into our account would remove all liability on them. Now he stating that we did not follow insurance protocol and he will be taking legal action? Is he able to take legal action even though there was no insurance involved?

We are located in the state of Texas.
November 7th, 2018 at 1:28 pm #angela morales

My car was repaired by a mercury approved body shop, but not to my satisfaction. By law am I entitled to a second opinion on the damage done by the accident and whether or not my car was repaired correctly? Thank you.
November 16th, 2018 at 6:11 am #Jason

Eveyn,
Legal action can be taken regardless if insurance was involved or not.
November 16th, 2018 at 6:19 am #Jason

angela,
You are entitled to get as many opinions about the damage you want. Since you had it repaired already, and it wasn’t repaired to your satisfaction, any opinions about the damage you obtain now are would be meaningless. You will need to work with the current repairer to get the repairs competed to your satisfaction. You have limited your options by committing to the repairer you chose and now they are your repairer until the repair is done completely.

You can take it to another repairer to do other repairs and correct the current repairer’s incomplete repair process but those repair expenses will be yours entirely.
January 2nd, 2019 at 9:01 pm #Antonio

My car was scrathced at a bar and kbbv of car in current conditions is 3430 insurance company wants to total it but it’s still drivable what can i do to not loose my car and i still have payments on it
January 4th, 2019 at 12:43 pm #Perry

I have a fine dodge 250 4 wheel drive cummins. Vandal damaged the transmission. Insurance Co wants to put in a used trans. I do not want a untested used part in a better than new truck. I have paid for a rebuilt trans cost twice what Company estimated for used trans. Can I demand that they pay for the more trusted unit? Even a new dealer replacement? Can you send the law reguarding like kind trans/ mechanical in Ca.?
January 7th, 2019 at 3:02 pm #Dewayne

I was involved in a minor accident while sitting still on the expressway. The other driver was driving half in the shoulder. She told the officer she was in the right lane which is correct as the damage was to my passenger side, the officer noted that her lane was a lane that was ending. After waiting for the police report I called a week later to file a claim with her insurance company and she had not even told them she was in an accident. After they contacted her she told them the accident happened at a different entrance ramp and I was changing lanes. She went on to tell them had the accident happened where I said it happened she would have been in the other lane and I still would have hit her. Her insurance company took her word and found me 80% at fault since there was no witnesses. The total damage was for $2100.00, they sent me a check for $105.00 not even the 20%. I have tried to settle with them but they refuse. I contacted them today and asked who I needed to send a summons to and they refuse to give me any information. What options do I have if any?
January 15th, 2019 at 7:26 pm #Christopher

Progressive insurance ohio saying my car is a total loss. Other party is the at fault insured by them. They are using Mitchell/JD Power system with 4 comps. I researched them to find that one was a dealer to dealer wholesale transaction and another has odometer discrepancy that was undisclosed. Our car has a lot of miles but in very good condition. They have deducted for mileage a lot. The title work shows that the car had 60k more miles than they listed (from 4 years ago!!). In reality it likely has more miles than ours.. very disappointing. They also reduced the comps values, but the title work shows that some values were higher than they listed.. The comp vehicles were also not in near same condition. Peeling paint, damaged bumpers, one even had several flat tires. Even after bringing this to their attention, they have refused to adjust accordingly. Also we have added a lot of special equipment to our vehicle. Is remote start, performance stuff as well as Bluetooth and some other things. They are unwilling to even pay 10 cents on the dollar for that stuff. Hope to god we are never in an accident with such a poor quality insurance company ever again. Glad I’m not insured by them!! No wonder they can afford those expensive commercials. We were not looking for anything but to be made whole again as we were pre-accident. I offered to hire an appraiser for the loss vehicle and got no response. Looks like a lot of people are having the same exact issue as we are. Not looking to benefit, just wanting to get my car fixed. Very disheartening to all of us who carry good quality full coverage on their cars. I guess we are doing a service to our fellow drivers by doing so..
February 8th, 2019 at 3:42 pm #Jason

Antonio,
When your insurance company totals your car, that means they become the owner of the car after paying your the AVC of your car. See if you can purchase the car back from them and have then reduce what they pay you to account for what you buy the car back from them.
February 8th, 2019 at 3:45 pm #Jason

Perry,
There is no such thing as a better than new truck if it’s used. Your insurance company can put in a used transmission that is similar or better than the one that was vandalized. They can also elect to put in a rebuilt transmission, which would be working requesting.
February 8th, 2019 at 3:49 pm #Jason

Christopher,
If you have collision coverage from your insurance company, file a claim with your insurance company and settle it with the insurance company you selected and don’t deal with the other person’s insurance company.
February 8th, 2019 at 4:00 pm #Jason

Dewayne,
If you have collision coverage, you can file for the damages to your car with your insurance company.

If you sued, you would sue the driver/car owner who caused the damage. You don’t even have to list their insurance company because they will voluntarily enter as a defendant to your lawsuit on behalf of their insured, after the summons is served.
March 5th, 2019 at 3:51 pm #Jace

I have bear river auto insurance and I received some hail damage, I had their adjuster give me a bid and it was 4000 I decided I wanted to take the money and sell my car to my handicap cousin for a lower price. The insurance company said they would only give me 70 percent of the money because I wanted cashed out is this normal can I fight it?
March 21st, 2019 at 5:04 pm #Gordon C. Brownlee

I’m close to signing a release form/contract but the thing that stands in the way is a clause that reads:

“The execution of this release does not bar the right of parties released hereunder to pursue available legal remedies against the undersigned, their heirs, executors, agents and assigns.”

I perceive this to mean that if I release SF (THe insurance co.) from liability in this matter I lose the opportunity to bring a suit against them, but give them the right to bring suit against me on a whim.

What is the clause is trying to say? and I’m looking for a definition to the intended use of the word “remedies”.
Thank you
May 9th, 2019 at 6:34 pm #Jason

Gordon,
That’s what is appears to mean. However, you would need to be liable to them in order for them to take action against yoiu. Apparently, they were liable to you for some reason and they want to pay you to release them from any further liability.

Technically, they already have that remedy available to them even if it wasn’t expressly written in the release you were presented to sign.
May 9th, 2019 at 7:05 pm #Jason

Jace,
If you want to get the car repaired, they will pay the full cost of the repair. Since they are aware you are not going to get it fixed and they are not exposed to paying $4000 for the repairs, they are using leverage to reduce the amount they pay to you. Is it fair? Not really but insurance companies get away with that practice because they will pay for the $4000 repair cost, but if it’s not getting repaired, why should they have to pay $4000? Is there really a $4000 repair cost (damage) if it’s not getting repaired?
May 27th, 2019 at 8:22 am #June

Hi, my husband and I had a deer hit claim last Sept 2018, which though much longer than we were used to(a month) ,at first we had no questions about. However, directly afterwards, 2 days in fact the wheel hub assembly just fell apart while he was driving. Not wanting to go through another month long ordeal(hardship financially) so we just repaired it, costing over $800 just in parts. But I knew it had been missed damage due to its location. Front driver wheel. The entire front end, left front fender panel etc were repaired, including mechanical, radiators, condenser, etc, about $5000+. So we ate it, then a few weeks kater the fan blades exploded, shredding the shroud, and the new radiator. OMG! Our regular mechanic said due to its proximity to the radiator it was more than likely cracked, and over the next few weeks under use it finally broke. Yet again damage missed. At this point we thought, well we are never going to that shop again. Lesson learned. So skip ahead, to April 2019. We had repaired the previous mentioned items in Oct and Dec, had had to replace 2 batteries in November that suddenly would not stay charged, replaced the water pump in Jan 2019, and the Alternator in April 2019. So, my husband of course, after all the previous issues following the claim in Sept, was of course babying his truck. He had always maintained it well, our records show this, and had just put front tires on a week before the Alternator. He was driving on a Sunday on backroads(gravel) and at 25 to possibly 35 miles an hour swerved to avoid 2 deer that jumped from the steep ditch in front of him, it was a narrow road and apparently had very soft shoulders, his big truck immediately was being sucked down. It was about a 45° angle and led down to woods, loamy soil, small trees growing along the hill, and a fence(barbwire) halfway down and nearly invisible due to the trees. Public land. The fence was 25 or 30 feet downhill. Anyway he took down small trees, sliding, somehow managed to only hit one good size tree right near the fence, but bounced off it a little and ended up wedged by right tire and rear bumper on 2 other trees. He was obviously angry, he knew he was now stuck, and was going to have to file yet another claim because he tried to avoid hitting those deer. He called it in, called me too so I could come get him. He explained he needed a tow/pull out of a steep ditch. They could not find a tow company open(Sunday after 4pm rural area) within a hundred miles of us. So they said we could call back in the morning and they would send one then. We did not want to leave the truck, but felt reasonably sure that being on a backroad meant safe. Locked it up. Went home. Next morning called to get a tow, once tow was on the way husband took my truck to meet them since he had the keyfob and he was fairly sure they would need to start it and such to pull it out. He got there, and immediately called me. Our truck had been vandalized. The windshield had been damaged/hit, and the right passenger rear window smashed out, the only missing item was a 2 yr old drill in its case. So I told him call the cops, and then insurance. Insurance said they would cover it with no extra deductible(thank goodness) and once the truck was home we examined it and took pics. To look at it from a distance did not look bad. Up close you saw all the gouges, dents, dings, broken brakeline, window, windshield, hood, whole side of truck, wheel rims and wheel fender guards and flares, both bumpers, etc. We thought, ok, not too awful, but still alot of body refinishing etc. I crawled underneath, took more pics, muffler and exhaust, heat shields, trans cooler, and a huge amount of unknown fresh fluids dripped all over and around the oil pan, also known coolant dripping from up in engine dept and thats all we could say for sure. So to try to shorten this. Our adjuster was out of state, the estimator was 3rd party in our state, he looked took pics and notes, but when I mentioned engine and undercarriage he said, this needs a shop inspection. Ok. Insurance asked where, we said nearest dealership for our truck brand, we felt perhaps they would be more thorough, but we had not dealt with them, but once ever before. So it was towed 2 days later to dealership. Skip ahead to May 9th(claim was April14) and my husband had been calling here and there trying to get updates on how our estimate was going. He got nowhere. There’s more to that but suffice it to say there was a total lack of communication. So then suddenly May 9th we recieved a repair estimate. In it, they were charging us for prior damage that they themselves had previously paid to repair and was new damage. They had missed a ton of body damage, and had not mentioned a single item on their diagnostics as covered. As well as saying there was no fluids leaking that it was brake fluid. I said ahh heck no, I am taking over here hon. I called, said hey I have 350 pictures, I have receipts of repairs to “prior” damaged items, I have proof of tons of new parts, and a huge amount of maintenance receipts. There are some major missed items as well as pics will show. He said he would talk to supervisor and that if all this was true it would be moving closer to totalling threshold. He would get back to us. When I called back he said the repair estimate stood, he could not change it without a supplemental estimate and that I should just go show the shop the damage I was referring to even though I had sent him 163 pictures. Ok. Did, showed them damage, she scheduled a day 2 days later to get it on a lift so we could go over it together. We did. She was appalled. Not only had the 3rd party estimators clearly ignored or refused to list obvious new damage in their body estimate, but her mechanics had failed as well. We documented it all. She said she would send me copies and also send pics and a list of missed body damage to the 3rd party estimator. We waited, nothing next day, weekend, mon, tues i finally start calling, getting no answers, from shop or adjuster. I finally tell adjuster I am fed up, I’m going to make a formal complaint, 30 mins later, a call back. Omg! Lol. Anyway he said, he called the shop and the estimator and once he heard back he would get this sorted. We waited..oh too funny. So i get a copy of shops “mechanical” partial supplemental estimate directly from shop. First estimate from insurer May 9th, totalled $10,700 with our $500 deductible included plus the $2100 they were going to charge us for “prior” damage. This one from shop alone was over $5000. And in her email she stated she had forwarded pics and the missing damage to the other estimator. Insurer, says we are totalling it. Ok. I say, but can I get copies of estimates, for records? Instead we get a lowball offer. I refused. I stated reasons why our value was more than they said, reminded them, of the runaround we had put up with, reminded them of options they did not list, told then about allll the new parts. Etc etc. No go, send receipts we may give you partial credit for them. We had, in the refusal, added 2350 or so to their amount if for no other reason than the parts, and that is what they were arguing. So I sent some of our receipts, asked again for estimates. One hour or so later they said they’d settle the amount was 500 more than we had asked just on the parts. So we accepted because by then it had been nearly a month and a half and our rental ran out days before. I finally get estimates. One copy is the original shops mechanical estimate, one is the revised 3rd party estimate, and the third is insurers estimate. Here is the kicker. What should have shown a minimum of $15,000, but probably closer to $20, 000 in damages, said 12,300. Nothing the shop wrote up, went in, and the 3rd party still did not add the missing damages but did funny enough add some mechanical from the first estimate…the insurers estimate included one item that could only have come from the shops estimate, but had actually not listed one of the vandalized items included in all the other estimates. So the actual net cost went down on the 3rd party estimate and the final insurer estimate only went up around 1700. Hmmm. Oh and insurer NEVER sent me a copy of the shops estimate, but did in fact send me her forwarded pics which blatantly show the damage NOT included in any estimate that I recieved. And the whole time the adjuster had the body estimate. He had it April 19th. I asked him. I was very angry, and said, so you had, could have shown us it then so we could have disputed this back then and you waited 20 days, put forth a repair settlement with prior damage you knew was false, and when we questioned it you told me to go do your job
.i did..and a week or so later I have to threaten a complaint to get this done and you could have finished it a month ago?! For real?! He said he was sorry. Blah blah. We had one call back out of 19 call from us up to May 9th, we had zero call backs out of 23 calls from me from May 9th to May 22nd? And only when I threatened a formal complaint. Do I have a case of bad faith, or unfair trade practice? Deceptive tactics, delays? Any advice? Oh, and I think I know now why shops are ignoring damage, insurers refusing to pay. Shops end up eating the cost difference to keep consumers safe if they do repair it, or if they are sick of it or losing too much money, they are not repairing what won’t be paid for. Shops have to sue insurers to get paid and in doing so risk losing business. Why are insurance companies allowed to practice like this? Why are there not laws allowing for recompense to consumers and repair shops? And is the 3rd party estimator hired by insurer also liable for all the blatantly obvious “missed” damage on their estimate? I hope so, really do not like collusion, especially when its to screw people over. Thanks for any advice and sooo sorry for the length, but I really wanted to clearly explain why we were disgusted. And honestly they did so much wrong, in my opinion, that its hard to shorten it. So thank you also for your patience if you read it all.
October 28th, 2019 at 8:49 pm #Lisa Marie Ellis

We had a really bad rain storm the early part of 2019. with strong winds. water was coming inside our kitchen, and it looked like a waterfall. our ceiling was bubbled, and started coming down, our kitchen cabinates started to separate from the walls. We noticed the walls in our bedroom were waterlogged, and under the head of our bed, the carpet was drenched. We called AAA to come do a claim on the kitchen and bedroom. They sent this girl out, who took some photos, told us to get some contractors estimates, and she would get back to us in a few days…Over a week later, it’s starting to stink of mold in our bedroom, my wife has asthma and her breathing started getting worse, she ended up in emergency with a major attack. The Doc. told us to stay in a hotel until AAA can rip out the carpet and pad…still nothing from AAA…over 2 weeks later, and lots of phone calls AAA, and still no answer, I had to hire a contractor to remove a whole wall from the ground up, 3 quarters of the ceiling, all the insulation, and replace with new dry wall, insulation, etc. Now, AAA finally calls back, and tells us that since we did the work in the bedroom,they won’t pay for it…NOW, in the meantime they find out there are a bunch of roofing tiles gone from the roof, and the roof is exposed, that’s where the water came in from…We got 3 quotes from contractors to restore our kitchen walls and cabinates. AAA sent there guy in to give us an estimate, and he says they can’t do the work. Then AAA says the quotes are too high, and “they aren’t in the business of remodeling kitchens.” ? the house is over 30 years old, and the kitchen has never been remodeled…it was in perfect working order, and we just want it replaced with comparable cabinates. AAA then tells us, “We should have used there contractor in the beginning”… There guy said he couldn’t do the dang job! she wouldn’t approve any contractor I found, AAA’s payout to us would be $18,000 to do the roof, bedroom, kitchen! the lowest bid we can find is from Sears at $32,000 just to get the kitchen back to where we can put our dishes back, and cook! The roof is estimated at $4000…the bedroom was $3,500. Total for the whole thing is $39,500. We’re not asking for AAA to pay for the 2 weeks in a hotel, or any other expenses we had to incur…we pay our premiums on time, every month, year after year!
December 31st, 2019 at 3:03 pm #Jason

June,
You asked, ” Do I have a case of bad faith, or unfair trade practice? Deceptive tactics, delays?”

The answer to all of those are no. And the 3rd paryt esimator is not liable for anything.
December 31st, 2019 at 3:09 pm #Jason

Lisa Marie Ellis,
Did you have a question?
March 16th, 2020 at 9:52 am #Dawn L Lindsey

Car was wrecked and insurance sent us AND the mien holder a check. Went to have them aign it and they asked fir the estimate for repair. Only the adjuster gave one. Asked us to get more and then the lower of them we should take. As lets face it insurance companies pay over the amount. That difference will be spmit between us and the lien holder. What amount they get will be put to thw car note principle. Can they do this or can/should I call my insurance and let them know what’s going on with me and the lien holder? Thanks for the help and answers.
March 16th, 2020 at 9:52 am #Dawn L Lindsey

Car was wrecked and insurance sent us AND the mien holder a check. Went to have them aign it and they asked fir the estimate for repair. Only the adjuster gave one. Asked us to get more and then the lower of them we should take. As lets face it insurance companies pay over the amount. That difference will be spmit between us and the lien holder. What amount they get will be put to thw car note principle. Can they do this or can/should I call my insurance and let them know what’s going on with me and the lien holder? Thanks for the help and answers.
March 16th, 2020 at 10:12 am #Jason

Dawn,
You basically have to follow the direction of the lienholder. You may be the vehicle owner, but the lienholder has a say in what happens to the collateral (vehicle) that secures the loan.
May 13th, 2020 at 10:50 am #Brandy

I live in Kentucky and am aware of the non matching law for roof replacement. My insurance company is stating that our roof had a repair prior to us buying it and that it voids the non match law therefore they are recommending a patch only job to our damage. Is this correct?
May 28th, 2020 at 8:38 am #Eric

I have a question about my insurance totaling car and issuing certificate of destruction. The insurance company’s preferred collision center quote was considered over 90% of value of car, so the rule is that a certificate of insurance is issued at that point. I had the car taken to a Jaguar preferred collision center, since I decided to pay out of pocket and wanted superior work done. Their quote came in much less than the 90% mark. Is there any chance at reversing the certificate of destruction on title with this cheaper quote from a superior collision center? I am in Florida.
June 8th, 2020 at 12:45 pm #Jason

Brandy,
There is no matching law in any state. If there are already unmatched repairs, the repair they are suggesting is reasonable. If there is one slope that is damaged, why don’t you suggest they pay for that slope so that slope looks consistent?
June 8th, 2020 at 12:50 pm #Jason

Eric,
The car is considered totaled and it likely would have been totaled at 75% or possibly even lower. Once a car is totaled, that action cannot be reversed.
June 19th, 2020 at 5:09 pm #rusty s

I had a wreck in calif. The first shop I took it to estimated damage was 8500. my insurance co said they are going to total the vehicle. The second shop estimared damage at 5500. I want to take it there to get it repaired. Does the insurance co have to pay the shop for the work.
June 20th, 2020 at 12:04 am #Jed Stone

Hello,
I have a custom Harley-Davidson Road King Classic that I keep fully covered and actually pay a little more for the policy to cover the extra goodies on it. The bike also has a custom candy paint job. I pulled one of the hard bags off to check the rear brake and apparently failed to properly seat at least one of the two pins that hold the bag on. Long story short, the bag came off and slid down the road on its face and messed up the bag and paint. I started a claim with State Farm and made contact with three different paint guys. All said the same thing, that they couldn’t match the paint. So now I’m looking at a complete paint job. State Farm reviewed my claim and rejected it, stating it was based on normal wear and tear. I asked them how on God’s earth that fell under normal wear and tear. They had concluded that something had worn out or broken that caused the bag to fall off. I told them the only defect was operator error and that it was in no way normal wear and fatigue. I was then advised that it was settled and they would not pay the claim and they refused to discuss it further. The woman on the other end said thank you for my time and to have a nice day (blowing me off and signaling the conversation was over. I told her I’d see them in court. At this point I’m not sure if I should take another run at them or just get it painted and sue them in small claims court afterwards. Can you offer any advise or have any suggestions that may be helpful ? I look forward to hearing from you.

J Stone
June 20th, 2020 at 12:12 am #Jed Stone

Hello,
I a custom Harley-Davidson Road King Classic that I keep fully covered and actually pay a little more for the policy to cover the extra goodies on it. The bike also has a custom candy paint job. I pulled one of the hard bags off to check the rear brake and apparently failed to properly seat at least one of the two pins that hold the bag on. Long story short, the bag came off and slid down the road on its face and messed up the bag and paint. I started a claim with State Farm and made contact with three different paint guys. All said the same thing, that they couldn’t match the paint. So now I’m looking at a complete paint job. State Farm reviewed my claim and rejected it, stating it was based on normal wear and tear. I asked them how on God’s earth that fell under normal wear and tear. They had concluded that something had worn out or broken that caused the bag to fall off. I told them the only defect was operator error and that it was in no way normal wear and fatigue. I was then advised that it was settled and they would not pay the claim and they refused to discuss it further. The woman on the other end said thank you for my time and to have a nice day (blowing me off and signaling the conversation was over. I told her I’d see them in court. At this point I’m not sure if I should take another run at them or just get it painted and sue them in small claims court afterwards. Can you offer any advise or have any suggestions that may be helpful ? I look forward to hearing from you. Thank you.

J Stone
August 3rd, 2020 at 8:38 am #Jason

Jed,
Take your issue up with the claim manager, or the claim manager’s manager, or as high as you have to go. The people you are dealing with are focusing on an exclusion, not on the coverage for the sudden and accidental damage.

If you have to sue them, that is another option but it’s time consuming and frustrating.
October 29th, 2020 at 1:17 pm #Tim

Dealing with Progressive and Geico insurance. I live in Nevada and have selected a body shop I have been working with for years, I trust them. Progressive is working on the claim and will be charging Geico for the repairs. my adjuster told me the if they pay a higher labor rate than what they normally pay “prevailing rate” the difference would be on me. is this right?
October 29th, 2020 at 1:20 pm #Tim

Dealing with Progressive and Geico insurance. I live in Nevada and have selected a body shop I have been working with for years. I trust them. Progressive is working on the claim and will be charging Geico for the repairs. My adjuster told me if they pay a higher labor rate than what they normally pay “prevailing rate,” the difference would be on me. Is this right?
November 1st, 2020 at 5:21 pm #Jason

Tim,
The cost to repair your car should be what they pay. Your contract of coverage (policy) does not dictate that you pay any amount over prevailing labor rates.
November 7th, 2020 at 1:29 pm #Jessica

I had a pipe burst in my kitchen two months ago. I used my insurance company’s vendor for water mitigation and mold remediation. The vendor did a very poor job and left mold all over my cabinets and floors. My adjuster made them return 4 days after the job was completed to remove the moldy items. They broke apart my cabinets in the kitchen and carried them out through my living room and dinning room. They did not have a containment up or an air scrubber to help prevent mold spores from spreading. My home is now contaminated with toxic mold.

My insurance adjuster said that their vendor provided a 3 year guarantee. It has only been 2 months. Instead of sending out another vendor right away, my insurance company spent 2 months investigating what was damaged by the water and what was damaged by their vendor. Their vendor left water in my air duct for 6 weeks causing mold.

My insurance company has denied our loss of use coverage to be relocated during this process. For 2 months my family has been forced to stay in our home without a functional kitchen and without central air and now without heat. My adjuster said that my home is habitable and this is just an inconvenience. He said that if we want to be relocated now, it would have to be taken from the mold coverage which is capped at 5k and is used up. I don’t believe my insurance company has treated us reasonably or with good faith. Can my insurance company be held responsible for the negligence of their vendor?
March 18th, 2021 at 5:04 pm #Jason

Jessica,
I don’t know why you refer to the contractors as the insurance company’s vendor. No reasonable insurance company would want to assume the liability of a contractor, and your case is exactly why.

You have 3 things going on. You have a water claim. Then you have a mold claim (limited coverage, as indicated) and that does include the loss of use or extra expense.

And now you have a liability claim against the contractor. If there is a vendor connection between the insurance company and the contractor, then the claim may be against the contractor/insurance company.

You are the only one who can make the contractor accountable. If you don’t do anything to hold them accountable, nothing will be corrected.

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