Comments on: Insurance Claim Law

By: Janice

Janice — Wed, 18 Aug 2010 06:59:59 +0000

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?

By: admin

admin — Wed, 18 Aug 2010 03:40:04 +0000

Shannon,

You have a better chance of getting an answer if you condense your comments.

By: admin

admin — Wed, 18 Aug 2010 03:38:45 +0000

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.

By: Shannon

Shannon — Tue, 27 Jul 2010 03:26:16 +0000

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!

By: Janice Lewis

Janice Lewis — Fri, 23 Jul 2010 01:53:00 +0000

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???

By: cassandra

cassandra — Tue, 20 Jul 2010 14:51:43 +0000

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

By: cassandra

cassandra — Tue, 20 Jul 2010 14:48:45 +0000

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

By: admin

admin — Mon, 12 Jul 2010 18:32:08 +0000

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.

By: Randy

Randy — Fri, 09 Jul 2010 18:58:06 +0000

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.

By: admin

admin — Thu, 01 Jul 2010 15:29:42 +0000

Bruce,
Probably to your wife and the shop or bank.