Auto Insurance Claims Help & Advice - Car Truck Motorcycle Boat

1,647 Responses to “Auto Insurance Claims Advice and Help”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Valeria,

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

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

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

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

Hello Angela,

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

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

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

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

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

Hello,

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

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

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

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

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

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

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

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

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

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

Candice,

I don’t know who “the board” is.

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

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

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

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

Vada,

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

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

hello,
i need some help>>>

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

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

Hello Christopher,

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

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

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

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

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

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

Hello Virginia,

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

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

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

Hello Brian (Alphaone),

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

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

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

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

Hi,

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

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

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

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

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

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

Brian,

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

Hello Tom,

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

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

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

Hello,

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

Hello LFR,

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

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

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

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

Re: Garage Door Damage.

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

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

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

Hello Brian,

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

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

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

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

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

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

Hello Mitch,

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

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

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

Hello Jason,

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

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

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

Hello Mike,

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

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

To insure you got a fair settlement for your totaled car, consider the product entitled “Total Loss Auto for Claimants” at UClaim.com. You can also get information on valuation for your injury from the Total Loss Auto Deluxe version of the eBook.
June 29th, 2009 at 6:07 am #kris

Hi All,

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

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

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

Hello Kris,

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

Hello Jack,

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

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

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

Hello Susan,

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

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

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

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

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

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

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

Hello Rita,

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

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

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

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

Melissa,

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

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

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

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

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

Hello Denise,

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

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

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

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

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

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

Car 1 = Totalled / Car 2 = Minor damage.

Car 2 is undergoing repairs

Car 1 is again totalled

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

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

Hello Jaime,

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

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

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

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

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

Hello Jessie,

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

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

Hello Steph,

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

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

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

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

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

Hello Chad,

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

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

Peter,

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

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

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

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

Admin,

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

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

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

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

Peter,

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

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

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

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

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

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

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

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

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

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

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

Hello Joe,

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

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

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

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

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

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

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

Billy,

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

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

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

Hello:

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

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

Kristy,

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

Karrie,

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

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

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

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

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

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

Angela,

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

Hi,

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

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

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

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

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

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

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

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

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

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

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

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

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

Vaguy,

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

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

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

Robert,

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

Hello,

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

Erik,

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

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

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

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

good morning ,

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

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

Terry,

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

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

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

Frederick,

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

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

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

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

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

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

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

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

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

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

T. Hall,

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

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

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

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

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

Ray,

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

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

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

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

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

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

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

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

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

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

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

Dear Admin, thank you in advance for your help.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Valeria,

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

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

Jillian,

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

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

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

GOOGLE Vicarious Liability.

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

Iren

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

To all commentators,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hi,

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

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

Hi again,

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

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

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

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

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

Commercial Auto Question –

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thanks for the quick response..!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thanks,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jason,

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

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

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

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

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

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

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

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

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

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

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

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

Car is stolen a month ago…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I have 2 questions:

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

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

Please any help would be greatly appreciated…..

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

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

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

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

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

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

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

So my 2 questions are:

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

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

Thanks for sharing your time and knowledge.

-Ben

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hey Jason.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hi,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hi Jason,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hi,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

LaCreasha,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So my question is:

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

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

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

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

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

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

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

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

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

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

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

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

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

Thanks Jason..

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

Additional questions to previous answers above:

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

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

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

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

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

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

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

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

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

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

Thanks Jason,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

so what do you think?

There is really no disputing the damage

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

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

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

Hi,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Kim

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Andy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rosa,

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

thanks…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Ullandra,
No, there is nothing you can do if you didn’t have physical damage coverage on your car. You are basically self-insuring the car without the physical damage coverage because the insurance company didn’t want to allow that coverage.
September 1st, 2011 at 5:31 pm #Jason

Karlee,
Take the car to the original shop and have them fix it. It doesn’t take time to learn to blend paint, it’s just part of doing it right. The original shop should be able to bill your insurance company for a supplement to get the car right for you. It doesn’t matter if the car is their preferred shop. You as the customer get to choose any repair facility you want and the insurance company’s obligation to you is to get your car fixed when it becomes damaged.
September 12th, 2011 at 3:44 pm #Tammy

I was recently t-boned on the driver side and was not my fault, later to find out the person who hit me doesn’t have insurance. They fixed the obvious, no problem. Once I got the truck back, the drivers side wheel was making a churning noise and every time I went over a bump, it sounded like the floor was going to fall out. Keep in mind when I was hit, the main impact was the driver side wheel and it needed a ball joint/bracket since the wheel was leaning inwards.

I took it back and was told by the mechanic it needed a wheel bearing and a strut. The insurance may not pay because of normal wear and tear. It wasn’t driving this way prior to the accident…can they not pay?
September 12th, 2011 at 4:04 pm #Karlee O

Jason –

I would take my car back to the original shop, but there was an issue even with that shop!

First of all, the man works alone and it looks like he may be nearing his ealry 70’s….. I’m not too sure he knows about blending and what not.

second, when The Hartford tried to pay him, his tax i.d. # was not coming up, and he never provided a valid one!

i emailed and called my adjuster and still got the same answer:

It is my responsibility to pay for anything the shop did not repair/fixed wrong. the work is not guaranteed like their preferred shops are.

Regardless of who i take my car to, shouldnt The Hartrford pay for the blend time, paint and supplies???? This is a procedure that is MANDATORY in order to match the paint on my car. And their estimator wrote the quote up for just normal painting. I am really at a loss at this point. I have my adjuster’s supervisor’s contact info so I am going to call her. He said that she will juast tell me the same thing he told me, so I’m assuming that they’ve already talked about my claim and she will just frustrate me even more, but worth a try……

And if nothing comes out of all this I WILL take my complaint to Action Line in our local newspaper here in San Jose and most likely pursue legal action against The Hartford.
September 12th, 2011 at 9:34 pm #Jose

I have a quick question, recently i bought a vehicle from Hgreg, it had a car fax saying no big accidents. A week later a small vehicle hits my car, its a small damage but enough that my bumper has to be replaced by their insurance company. Then they tell me this car has 3rd party parts. It has been in an accident. There was no mention of the excess of damage before i bought the car, anything i can do? second.. the vehicle is still being repaired and it comes out on thursday, because of the impact i believe the tires need to be realigned and balanced specially since it was a side impact is that something standard they will do at the shop or is that something i am going to have to ask and fight for them to do out of the insurance who hit me?
September 13th, 2011 at 6:41 pm #Charles

I live in California my truck was stolen. Its been 60+ days and I haven’t been paid. Is there a law of some sort that insurance companies must abide by regarding paying for stolen vehicles. Im making payments on a truck I no longer have. This is very frustrating. Thanks in advance.
September 13th, 2011 at 9:32 pm #Jason

Tammy,
That is correct. Try to get them to pay for most of it or as much of a percentage you can get them to pay for those parts.
September 13th, 2011 at 9:35 pm #Jason

Charles,
Hopefully you have rental coverage and you have a vehicle that the insurance company is paying for. If it’s been 60 days, get the insurance company to make a decision to pay for your vehicle. Ins. companies delay with stolen vehicles for the hopes that they turn up and if they will turn up, stolen vehicles are usually found within a short period of time.
September 13th, 2011 at 9:40 pm #Jason

Jose,
The buyer has to beware. These car faxes have some information in them but you shouldn’t rely on them like they are oxygen and water.

The shop won’t rotate and balance your tires unless you request them. Those are maintenance things and insurance won’t pay for that.
September 13th, 2011 at 9:48 pm #Jason

Karlee,
The shop should have gotten the paint close enough that there should have been little to no blending needed. If you take it somewhere else, then you will have to foot the bill. It’s your choice.
September 17th, 2011 at 8:12 am #William

Hello,
I purchased a certified pre-owned car with comprehensive insurance coverage a few weeks ago in NY. A few days later my car was hit in NYC on the driver’s side while legally parked on the street in an accident involving several vehicles….argh! This is the first time I’ve ever had significant collision damage to my car and I’m concerned about the claims process because I don’t believe I should have to pay a dime for repairs or rental while my car is being fixed. I reported the accident immediately to my insurance company and was told that once the police report is generated I would be able to identify the liable party and file through the liable party’s insurance. In this way I pay nothing. Got the report and apparently the damage was done to my vehicle by a car which swerved to avoid another car exiting a parked spot. The car that swerved overturned and slammed into my vehicle. It turns out that the car that overturned and damaged my car is also insured by my insurance company. The car that exited the parking spot has a different insurance company. The adjuster from my insurance company is telling me that they may contest liability for the damage to my car and so I have one of two options. 1. Wait for the the two insurance companies to settle on who is liable for what and then file through whichever is fully liable or both (in the case of shared liability). However I may not get the full value of the repairs because the car that hit mine has a cap of $25K for damage to all the cars, the cost of which is not known yet. or 2. File through my company’s collision coverage and pay the deductible of $500 and out of pocket rental then through subrogation attempt to recover the deductible and rental costs. I’ve scheduled an estimate with my company because I was told that its necessary. On the emailed appointment confirmation it says that in many circumstances the estimator gives you a check for the amount of estimated damage.
Which route should I take? Does anyone know how long it might take for insurance companies to settle on who is liable? If I take the estimator’s check which less than my dealership’s estimate, is there any route to recovering the difference? Is my adjuster bluffing about shared liability because its hard to believe a car on a local street with a speed limit of 30 swerves so violently that the car overturns and slams into another on the other side of the street. Any suggestions would be appreciated because this is the first time I’m going through this.
-William
September 17th, 2011 at 10:38 pm #Jason

William, settle the claim with your insurance company. Pay your $500 deductible and let the insurance companies sort the liability issues and behind-the-scene settlements and negotiations. If they are able to recover from the responsible party or parties, then they will return your deductible. If you have to get a rental car, either have your auto insurance pay for that or make sure the other insurance company’s are aware of your rental expenses.

Don’t worry about how much damage, how the accident happened, or the speed limit. Just concentrate on your car and getting it fixed. That is all you have to do because all that other information is irrelevant.

Oh, and the estimate written by the insurance company should be adequate for the repair at any body shop you choose. If not, then have the body shop work it out with your insurance company so the most you have to pay is your deductible.
September 19th, 2011 at 9:32 pm #Miranda

I am a co-owner of a vehicle that was totaled over 2 years ago. My ex-husband was driving the vehicle, rear ended and filed a claim with the other person’s insurance company. They (State Farm) apparently admitted fault and considered the vehicle a total loss. My ex still owed money on the vehicle and to top it off was in the middle of a bankruptcy proceeding. However, he dropped the ball and failed to follow through with the claim. Nothing was paid and the vehicle is still at a storage facility (2 and half years later). It is now past the statute of limitations to file a lawsuit against the insurance company. My problem with the whole situation is that now the storage facility has applied for an abandoned vehicle title and the DMV wants me to pay $500 (went up from $50 in March!) for the abandoned vehicle. I never had any knowledge of the status of the claim and State Farm never attempted to notify me of the situation. Do I have any recourse in this matter? Can an insurance company simply “close” a claim right after the SOL runs out even though a claim was filed because they know they can’t be sued? There were so many other interested parties in this case like myself, the finance company with a lien on the title, and the bankruptcy trustee yet because my ex didn’t provide documents they needed they failed to pay the claim. Any information would be greatly appreciated.
September 19th, 2011 at 9:58 pm #Jason

Miranda,
Yes, it’s all over as far as the insurance company is concerned because the statute of limitations has tolled. Insurance companies pay claims because they are legally required to. If they are supposed to pay and they don’t, they penalties imposed by the courts ensure that they pay when and what they are supposed to. It’s a good check and balance. However, since the statutes have run, there is nothing the insurance company will do about the claim now that it’s that old. Don’t count on them to help you out of this situation.

What kind of recourse do you think you might have and from who? I see absolutely none. If you wanna ask your ex to pay for it that is the only thing I see as a possibility but his life is probably in shambles and I would not bank on it that he’s going to help in any way.
September 21st, 2011 at 4:34 am #Jose

My vehicle was recently in a car accident, i took it to a body shop for which the other party at fault was going to pay for my fix. Since i step into the door i informed the bodyshop i wanted all parts that came out of my vehicle. I called the insurance company and they told me thats an unsualy request but that i was within my rights to do so. I also asked what would happen if they failed to return me the parts, they said we will have to wait to cross that bridge. After 2 weeks of constant reminders to the shop that i was going to pick up all my parts at the time i pick up my truck, they failed to give me back my transmission coolent. I called the insurance company that paid for my repairs and they said their sorry but they can’t do nothign about it, and the repair shop is saying it was a broken piece why would i care if i had a new piece installed. A simple request of please hold all my parts, i even visited the shop and the guy told me they were holding them turned into a why do i care and then a i thought you meant all the parts but that one.
what can i do? i understand it was a dented piece but still functional, not a broken one which means not functional.
September 21st, 2011 at 8:21 pm #Jason

Jose,
That is an issue you have with the body shop. The insurance company has no control over what the body shop does or doesn’t do with your request. Unfortunately since the part has likely been discarded, there is really nothing to do. You’ll just have to realize the part is gone. Whether the part is dented, completely junk or otherwise, the body shop should honor your request to receive all the parts back. You can take up your issues with the body shop owner but he probably won’t be able to help you out since the part is gone. The at least should provide you with an apology since you made it clear you wanted all the parts. If you were going to sell it on e-bay or craig’s list, you can ask the body shop to pay you for the part’s used resale value but then again, they probably won’t do anything for you.
September 24th, 2011 at 12:53 am #nayak

i sent my x5 to be repaired at the auto shop due to oil leak, the car has been in the shop for one month, yesterday i received a call from the machanic telling me the car will not start, i want to know if i can start a claim on this car , am insured with GEICO.please help me solve this issue.

thanks
nayak
September 25th, 2011 at 6:31 pm #Jason

Nayak,
Unless you hit something that caused the oil leak, it would not be something the insurance would consider covering. If the leak was caused by vandalism, perhaps – but a maintenance oil leak is not something that insurance covers.

Take this to a qualified repair shop because 1 month in the repair shop is a little over 3 1/2 weeks too long to fix an oil leak.
September 28th, 2011 at 9:12 am #Mike

Hi,

my car was hit on the passenger side door at 10:30 pm while it was parked inside a parking lot, when the police was called, they said that they will not come to make out a report since there are no injuries. So, I exchange insurance information with the party at fault. I then made a claim with my insurance carrier the next morning. After investigating, it was clear that I was not at fault and my insurance carrier was not liable for the damages. Since I had “liability with uninsured motorist only”, my insurance will not pay for my damages and won’t help me with my claim to the other party’s insurance.

I contacted the other party’s insurance to file a claim(isn’t my insurance suppose to do this)? Anyhow, 2 months had gone by and the at-fault party’s insurance contacted us stating that they are denying the claim for any damages because they had not been able to contact their insured person and their were no witnesses or police report to back up our claim.

My question is…Where do we go from here? How do I go about recovering the damages to my vehicle? Obviously, the other person is trying to avoid this. We’ve never dealt with anything like this before and don’t know what to do. Please help!
September 28th, 2011 at 2:18 pm #William

[reposted here from earlier entry where I mistakenly put it under Our Mission tread] Hi, I have a warranty policy with a insurance provider for my Buick Century Custom which was supposed to provide coverage for repairs subject to a deductible of $100; the policy also covers the cost of rental car for up to 5 days for any repair covered under the warranty. There has been a need to replace the motor and the car was sent to authorised workshop. The provider took 5 days to agree to send the inspector, and the provider’s inspector took more than 2 days to visit the workshop to examine the car before sending in his report. Then the provider took another 4-5 days before agreeing to cover the repair, and the shipment of the replacement motor took more than 11 days. The whole duration lasted almost 1 month (about 28 days), but now the provider says it will only provide rental car cost for up to 15 days (including the 5 days under my policy). I feel the delay is wholly due to the provider’s delay in getting to the repair, and so I should get my rental car costs covered for the entire 28 days. What recourse do I have? Appreciate your quick comments as I will be billed soon. Thanks!
September 28th, 2011 at 9:07 pm #Jason

William,
What recourse do you think you have? The policy provides for rental coverage for 5 days. They are providing you with rental car for 10 more days than your policy covers. If you can figure out who should provide for the rental car coverage from day 16 to day 28, let us know who it should be. The contract is for 5 days and if you need a car, then you need to get a rental or find some other transportation. Does the contract say the rental coverage is for more than 5 days under certain circumstances?
September 28th, 2011 at 9:11 pm #Jason

Mike,
Your liability insurance protects you from claims of money that others think you owe them for damaging their property or injuring them. You don’t have physical damage coverage so why would the insurance supposed to make a claim for you? They have nothing to do with damage to your car. It is your car and only you have responsibility for it.

Now, as far as the other incident with the other driver hitting your car, you probably will have to sue him in order for his insurance company to substitute in and defend against your claim or pay you off. That’s the problem when insurance company’s can say that there is no witness, no police report, and no record other than your claim – that leaves you with nothing but word against word.
September 29th, 2011 at 7:34 am #Todd

My <6-month-old vehicle was parked in my employer's parking lot this week. A construction vehicle in a nearby construction staging area sprung a leak in its hydraulic system and sprayed hydraulic oil all over my car and 2 others. The responsible party did nothing to clean it up or notify anyone that the incident had occurred. My vehicle now has stains in all of the plastic pieces. I got in touch with the company responsible for the construction, and they said they'll pay for the damages.

I'm just wondering if I should involve my insurance (I'd rather not) and what is the procedure for dealing with their insurance? Will they send a claims adjuster? Will they accept the estimate I obtain? Who gets the check…me, the body shop, or the lienholder? I do want some of it repaired, but I think I can do it myself for much less than the body shop will charge.

Thanks!

Sorry I think I posted this earlier in the wrong section!
September 29th, 2011 at 6:08 pm #Jason

Todd,
If you use your insurance, they will handle all the leg-work for you. They will send you a check that is a adjusted for your deductible. Then, they will ask the construction company’s insurance to reimburse them and also collect for your deductible. When they get your deductible, they will forward it to you.

Basically, filing a claim with the other party’s insurance is the same as filing it with your own insurance company. First, you have to make a claim with them and then provide them the information they need.

Why don’t you want to involve your insurance company? They involve you every time your premium is due. Why not involve them when you need some of the assistance you’ve paid for?

A claim with the at fault party will usually result in a check written out to you.
October 5th, 2011 at 4:48 pm #admin

Dear website visitors,

Most of our questions and answers for October 3rd and 4th were lost as a result of a malware attack on our website. In addition, some of our pages were “redirected” to malware websites. We have now incorporated stronger security measures.

While we have no proof as to the original source of the hackers, suffice to say that this website had never experienced hacking problems until shortly after we posted the page “BOYCOTT FARMERS INSURANCE?” which exposed criminal acts by Farmer’s CEO and their Los Angeles based attorney Richard O Knapp.
October 6th, 2011 at 7:16 pm #Robert Nixon

If I have liability insurance ONLY with “company A” and they total my car due to the extent of damages, will I get a settlement from them? (neither I or nor the other person involved in the accident that rendered my vehicle
totaled were cited)?
October 6th, 2011 at 7:56 pm #Kari

Robert- yes the at fault parties insurance company will pay out under property damage coverage for the damages to your vehicle.
October 6th, 2011 at 8:34 pm #Jason

Robert,
Your insurance company won’t pay you anything because liability protects you from claims against others but doesn’t protect your vehicle in the event it is damaged.

Now Kari,
I don’t believe you have enough information to make the statement you made. How do you know the responsibility party has liability insurance? Also, Robert indicates the “person that rendered his vehicle totaled”. Nothing in his post gives any indication who is at fault. We don’t know who was even driving Robert’s car. (Perhaps it was the person that rendered his vehicle totaled) We don’t know anything. This isn’t a perfect world and it would be great if everybody had insurance and the responsible person or company paid for the damage but that doesn’t always happen.
October 9th, 2011 at 10:56 pm #Vic Mundell

In the state of Texas do I have to be a licensed bodyshop in order to supliment a auto insurance co. for the damages on my brothers car. I am a professional bodyman at a bodyshop but I am doing my brothers car on the side at my home?
October 10th, 2011 at 8:43 pm #Jason

Vic,
I am not able to address your question because I don’t understand what you are asking. Could you use different words to ask the same question? Thanks.
October 11th, 2011 at 8:48 am #Randy Graham

My vehicle was hit in the parking deck where I work. The lady who hit me insurance company is paying for everything. My question is because this is considered property damage and they have decided to total the car out, will they pay off my loan although the car is under water?
October 11th, 2011 at 10:39 am #Jason

Randy,
Your loan has nothing to do with the damage to your car. If the damage done to your car causes it to be totaled, then they will pay you the fair replacement amount of a car just like it. And in order to do that, they will not need to know anything about your finances, your loan, or even where you bank.
October 12th, 2011 at 8:22 am #Mike

Jason,

thanks for clearing that up. I am in the process of filing a small claim, and hoping to get my car fixed. I have moved on to getting complete coverage with AAA, as the Ins. company that I was with did not provide full coverage.

Since AAA said that they will cover my vehicle regardless of anyone driving it, then what is the point of paying more by adding a driver to my policy?
October 13th, 2011 at 5:51 pm #Matthew

I recently had hail damage on one of my vehicles, an adjuster came out and took some pictures of the damage on the cars and then went on about his way. Some time later we received settlement checks in the mail along with a copy of there estimates. It was obvious that the check they issued on my vehicle was incredibly low compared to what it would cost to fix the vehicle.
I took the vehicle to a body shop to have an estimate done and as i suspected i would need an additional 1,200 dollars to have my car fixed to its condition before the hail damage happened. The body shop spoke with the insurance company and the insurance company sent them a supplemental check for the 1,200. (The car is bought and paid for, I have the title). If i choose not to get the dents fixed what happens to this money that the body shop now has in there possession?
October 13th, 2011 at 6:26 pm #Jason

Matthew,
Now that you have established the damage to your vehicle, you should be entitled to be paid the entire amount for your hail damage whether your\ repair the vehicle or not.

Probably if you don’t get it repaired with the body shop that has the supplement check, they likely will send that check back to the insurance company.

I don’t know what you can do to get the total amount sent to you. Perhaps you can call the insurance company and ask that they send you the full amount of the damage so you will be fully compensated for your damage.
October 14th, 2011 at 10:02 am #Karie

I have a hadicapped accessible van and so did the person that hit me. The wreck was minor and his fault, but my van needs reaired non the less. He was unable to provide the officer with proof of insurance, but said “I have really good insurance”. So good that when I called his insurance provider they have never heard of him and the address he provided is no good. My insurance only wants to pay $30.00 a day for an accessible van. I think they should pay the full amount. My van is going to be in the shop for a whole week. I am in a wheelchair, but I work full time and need my van. Legally can the insurance only offer pay $30.00 a day? I feel descrimated against. I wish it was just a simple as going to the rental car place and picking up car. If I could I would. Thank God this is not the early 1900’s I would probably be institutionalized for being in a wheelchair.
October 14th, 2011 at 6:59 pm #Jason

Karie,
I can assure you that this is not discrimination. If $30 day is the allowance in the policy, that is the allowance in the policy.

They can offer $30 a day and you have 2 options. You can accept that $30 a day or you can decline it.
October 17th, 2011 at 8:10 am #Praveen

HI,

I bought a brand new chevy camaro last march financed by bank.
I assumed my car to have full collision. I had my first accident dis may and they told me I have limited collision on it. They gave me a quote to change mine infor future but I told that I assumed to have a full collision so I don not want to change and I want to dispute. They paid my bill but did not send me any kind of letter, e-mail or phone to explain. I assumed that I have a full collison and they paid off for me.

This month I had another accident and they replied me back saying that I have limited collision and they wont cover as they already informed me and I did not change my coverage to full collision. They sent a letter of denial.
I asked if they could have sent me a notification that my previous claim as a waiver and I policy still has limited I would have changed.
But they did not reply back, As per my dispute I thought I had full collision.
Even the document they gave me reads like this:

Part7: collision Part8: limited collision Part9: part7 and part 8(deductible)
YES YES $500

So I assumed it to be full collison.

My bill is 6300$. The workshop guys have started working on the car as the insurance appraiser checked it initially and asked to continue the work.

Can I dispute claim denial. This is total mis-communication from thier side and should I end up as the loser.
October 17th, 2011 at 8:58 am #Stacy

Hi,
I live in Michigan, was sitting at a traffic light where when south and north bound lanes have a solid green light the left turn signal is flashing yellow light. I was stopped behind a car, light still flashing yellow I looked and saw no cars coming south on the road, I proceeded to turn left after the car in front of me turned. However, after turning saw a red car coming, too late to do anything. Red car hit my car, but only dented my rear bumper, no major damage. As for his car, it dented in the passenger front quarter panel and his turn signal popped out, but he could put it back in, just wouldn’t stay in but worked, his passenger door wouldn’t open, but didn’t look too bad. I took pictures and he said that he probably wouldn’t file a claim. I was issued the ticket for failure to yield while makes a turn causing an accident. I went to court and the officer was a no show so the judge dismissed the case. The police report was written where I turned on a blinking red light and never stopped. The report I felt was issued incorrectly, as officer went off of the witness only and the person in the red car, never heard my side. Although to me it should have been safe to go and I’m still wondering how it even happened anyway. But since it was dismissed I couldn’t change the report. But now the other car’s insurance company is sending me a note to call them regarding “my claim” so apparently he did file a claim. The note just says to call them that they tried to contact me, but they never did try to call me, I’m home most all the time, if I’m not some one is and everyone says they didn’t call. I went to my insurance company and they questioned why I didn’t file a claim with them, but I said he wasn’t going too and my damage wasn’t bad and both cars were drivable, so didn’t think I needed too. This was my first time being in an accident and I’m 35 yrs old. So what do I do? My agent called the person but she is going on vacation until next week and I don’t know if I should call his insurance company or just hold off until my agent returns next week. I’m scared and confused as to what I’m suppose to do. I’m also out of work and surely are asking me for money…help….What if his deductiable is more than $500, which mine is???
October 17th, 2011 at 5:32 pm #Boris

Hello My husband just had an accident, the other part said that they don’t have insurance, our car was with a full cover without uninsured motorist coverage, so now we don’t know if we can have some money from the other part because they refuse to pay medical cost, my husband it’s okay but he have some pain on his back, and the other part told me if I want to take them to the court it’s nothing like I can do , because the guy on the accident it’s a 18 years old that took his mother car and he had the accident, for some reason they said they have insurance after two days they say they don’t, it is some way I can check if they have insurance.
I don’t now what it’s the best to do, to let my car with the place that the toll truck took my car or send to the dealer, and if I have to pay just the deductable or I have to pay something else, and if my insurance rate are going to increase after this accident even do if wasn’t my husband fault but my insurance it’s going to pay for the repair.
Thank you and sorry for my grammar I’m not american, so my english is no so good.
October 17th, 2011 at 10:38 pm #Jason

Praveen,
Yes, dispute you denial. Other than that, I don’t know what you are asking about. Please review your post and submit it so it makes sense.
October 17th, 2011 at 10:41 pm #Jason

Stacy,
You had an accident in which you were at fault. The ticket and fine is separate from the fact that you are at fault for the accident.

I don’t know why you are even concerned about his deductible. What does that have to do with anything because when your liability insurance pays him for his damage, your insurance pays from the very first dollar.
October 17th, 2011 at 10:44 pm #Jason

Boris,
Talk to your agent and ask these questions to your agent.
October 18th, 2011 at 10:42 am #kerena

Last week, 10/10 4:43pm, I was stopped at a stoplight (was on way home from Dr appnt with my 12 year old in the car) and the truck in front of me backed up and punched a whole in my bumper with her tow-thingy, and now every time I turn water pours into my car (AC?) onto the accelerator, onto my feet and carpet, and now the car smells mildewy. I called my insurance, Farmers on that day or the next and was advised to call her insurance, Geico. I called her insurance and told them what happened, they didn’t call me back. I took my prius into the shop this morning for repair and followed up with her insurance. They say they are unable to get a hold of the person who hit me for her statement and therefore cannot establish liability. Will you please let me know what to expect now? I hope the car is available for pick up tomorrow. I’m assuming I need to pay for the repair (under my deductible of 1K). What happens if their customer doesn’t call them back?
October 18th, 2011 at 8:42 pm #Jason

kerena,
Yes, you have to pay for any repairs you request for your vehicle. If their customer doesn’t call them, they may make a determination of fault with the information they have. Usually, they will attempt to reach their customer for around 30 days before they give up on their attempts.
October 20th, 2011 at 2:52 pm #Janson

ok i’ll make a long story short. i got into a minor fender bender that required me to file a claim with my insurance company. when it came time to pick an auto body shop my friend referred my to a shop he was working at at the time. he told me he gets paid by commission on the number of cars he brings in. i figured why not help a friend out right? biggest mistake i ever made. so the total dollar amount for the damages my insurance gave me was $4500.

for some reason the shop owner said i needed to put down some money before he could start repairs on the car. so i gave him $3200. after i had paid him it took them forever to fix my car. i dropped off my car the weekend before 4th of july. its will be 4 months come nov 4th. so within these last 4 months i friend quit working at the shop because at it turns out the shop owner is a slime bag. he couldn’t even afford to pay my friend that worked there. after the second month i started getting on the owner’s case about how long it is taking to finish my car. it was getting to the point where i was about to call the board on him. however the problem now is that because i chose a body shop that is not a preferred shop with my insurance there is nothing they can do for me. i asked my agent and they said i shouldn’t have paid anything before any work was done which was already too late. i was getting fed up with having to go to the shop everyday to check their progress. so due to my disgust with the shops slow progress the shop owner told me he would knock off $500 from the $4500 for having to wait so long.

so today the shop owner finally calls me and tells me that my car will be ready and to have the balance ready. my question is am i required to pay the shop owner anything because i don’t want to pay him a dime. the damages on my car weren’t even serious it was a bent axle and replace a fender. so while i was waiting for my car i called my insurance and asked them if there was anything they could do the speed up the process they said because they are not a preferred body shop there is nothing they could do for me. i told them about the situation and they told me that this matter is now between me and body body shop. so if i wanted to get my money back and go to another shop that is between us. so what i want to know is am i required to pay the shop owner the remaining balance because i don’t want to pay him a dime. secondly about the $500 discount i did not get that in writing so would a verbal agreement hold up in court? lastly do i have a case against this shop owner for his shady business practices?? please let me know. thanks
October 20th, 2011 at 5:38 pm #Jason

Janson,
If you hired the body shop to repair your car for a certain sum of money and they did that, then you owe them the money you agreed upon.

It is unlikely you agreed on the duration of time it would take so part of that blame may fall onto you.

If the shop owner is going to knock off $500, that seems to be the best you are going to do. At least he is taking into account the long time you’ve had to wait for the vehicle to be repaired.

You have not mentioned any shady business practices so I won’t provide an answer to that question. This website is about insurance, not how people run their business.
October 21st, 2011 at 8:32 am #Janson

thanks jason. well this guy has shady business practices because a lot of people i have met at his shop are on the same boat as me. this guy takes in more jobs then he can handle and takes forever to finish them. not to mention the fact that he won’t even pay his workers what he owes them. this guy blows the money the customers give them for the job to complete previous jobs which he already blew the money for. and we did have a verbal agreement that the car shouldn’t take more then a month to finish when i first dropped off the car. i have a witness that can verifty that. its almost been 4 months now.

as it turns out one of the days i went to check on my car i ran into an old friend of mine. he was shocked to see me at the shop. he asked the the hell are you doing here, don’t tell me they have your car!? i told him they did, and he told me his story. basically my friend brought his car to this shop to have some work done. just like my case the owner asked for payment before the job started. my friend gave him a $1000. after paying the owner the money they never did any work on the car. my friend told me the car sat there for about a year, until he was fed up and could not take it anymore. so one night my friend had to go to the shop in the middle of the night to steal his own car back because it has just been sitting there being neglected with no signs of any progress being made. so he basically stole $1000 from my friend after i found out what had happened i was furious. so here is the scenario as of right now. i owe my friend that i ran into at the shop about $800 for a business loan he lent me a few months back. after he found out that my car was getting serviced at the same shop, he asked me if i had paid in advance i told him yes, which is something i shouldn’t have done. so after i found out my friend got ripped off from this same guy i was furious! so my friend asked me if i could pay him back the $800 i owe him with the remaining balance of the check i received from my insurance company and so that is what i did. my question is if this matter goes to civil or small claims court would i be required to pay the shop owner even though he owes my friend money? because i would much rather help my friend get his money back the pay this shop owner anything. i found out about this shops shady reputation and business practices after i had already given my car to them. in fact there are several forms online that other victims started that show the unprofessional work this shop does and in one instance the owner of the car had to pay $4000 to fix the damages this shop had done to his car.

secondly what if he goes back on his word about the $500 discount will i be held liable to pay the addition $500 and i have a witness that heard and can confirm our verbal agreement.
October 21st, 2011 at 9:16 am #Jason

Janson,
Your situation involving this body shop is completely separate from the situation involving your friend and this body shop. Since they are completely separate, yes, the repair facility could take you to court. Not likely, but he could.

If he wants to go back on his word, he can. The best you can do is hope that he doesn’t.

Now again, I find nothing shady in what this business person does. Shady infers that what he is doing is under the table or may be construed as illegal. He may be guilty of running an unorganized and unprofessional business but that doesn’t make this business shady.
October 21st, 2011 at 12:44 pm #Emma

I have a client that has only just reported the claim to me, accident was 10/1/2010 (so a year old,) client instructed her own attorney via her UM policy as they could not locate an insurance policy for the third party a year on and client has now located a third party policy and wants to recover hire charges, deductible, vehicle rental etc, her Attorney closed the file 2 months ago and will not reopen it to recover extra expenses, I am able to recover the losses on our clients behalf via the third party carrier considering an Attorney was involved in this claim originally? Is there some law against this?
October 22nd, 2011 at 8:23 am #Jason

Emma,
I wasn’t even going to address your post. You seem to be an attorney or a person who works with an attorney. Are you seriously asking a legal question on here? Perhaps you want to do a little research in your field.
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October 24th, 2011 at 11:21 am #Justice

I had a car accident last November(11/2010) in Bellevue local road. It was snowing. I drove on the middle lane. The car, KIA, on the left lane hit my left front. her right front was damaged, the Honda behind the KIA was damaged too.
police came and no report filed due to the weather. We exchanged insurance information. Reported to Geico and gave them all three car insurance information..

11/30/2010, Geico called informed the claim not yet been transferred is going to follow up on it.

12/1/2010. Debbie at Geico called and informed me that the Honda case was dropped as the driver statement did not match the others.
Yesterday , 10/23/2011, a different person named Bret called me from Geico and notify me that my case is settled. It was my fault for both cars, the KIA and Honda.

12/2010 Geico called to say it was my fault for the KIA. I disagreed and dispute. Geico said they will get back to me.

Called back Geico. says due to my statement, It was my fault. I was dispute again. never heard from Geico for follow up .

10/23/2011, Bret at Geico called to notify me that the case was my fault and I am responsible for both KIA and Honda. Of couse I disagree.
I told Bret that I have not heard from Geico since my dispute and how can the decision was made without any contact with me. Bret apologized for the delay and not follow up, he said because the previous person, Rebecca, who handled my case was promoted and he tried to catch up all the cases that he gets from her. Bret told me at this stage, there is nothing I can do to override it. After my insist, he said he will discuss with his supervisor.

Any suggestions on this? Thanks.
October 24th, 2011 at 2:43 pm #Mike

My wife was in an accident on 9/27/11 while driving alone. She unsuccessfully tried to avoid a school of deer. She cranked the wheel and her drivers side struck the deer, then she slid into the ditch and tipped the van onto it’s drivers side (at about 50 mph). After the accident, she attempted to dial 911, but her phone was dead. Since this was in the middle of the country at night, she decided to walk for help. 2 hours later, someone picked her up and gave her a ride home. She wasn’t hurt, but she was freaked out, so she took a seditive (prescribed to her) when she got home and went to sleep. She did her best to tell me what happened before she fell asleep, but I didn’t get all the details.
I decided we needed to start the claims process right away, so I called my insurance company (remember, I was NOT in the van at the time of the accident). When I called them, I told them she attempted to avoid the deer and went in the ditch. When asked if she hit a deer or not, I said “I don’t know, I wasn’t there and my wife is asleep”. I also filed a police report for her saying the same thing.
My insurance company told me it would be a collision claim since a deer was not hit. I told them a deer was hit, but I told the story wrong when I initially reported it. They called her and asked her side of the story. After talking with her, they decided to change it to a comprehensive claim.
On 10/3/11, our claim was settled (total loss) and we were given a check for the damages. We went out and bought a new van 2 days later.
On 10/18/11, my insurance company called me to tell me they decided it should be a collision claim instead of a comprehensive claim.

I am fighting this for 2 reasons…
1. She hit a deer, so it should be comprehensive (even the guy who assessed the damage for my insurance company said she may or may not have hit a deer, but he said it was hard to tell since the van slid through a ditch at 50 mph after the collision with the deer).
2. I don’t want a chargable claim on her record since that will raise my rates.

My question is this…can they change this from comprehensive back to collision after the claim has been settled?
October 24th, 2011 at 3:01 pm #Shawna

The previous owner of my car did not tell me that it had several problems with all the engine cooling parts while they owned it and now all the problems are resurfacing on me but worse. To get my car fixed could cost me around $5000 if not more depending on any other issues found, my pontiac is only worth about $6000 now. Is there anyway to total my car with full coverage even though I have not been in an accident? I just can’t justify spending 80+% of what my car is worth.
October 24th, 2011 at 7:03 pm #Jason

Justice,
This is a mess. There is not much you can do to change the course this is taking. Hopefully, you have physical damage coverage. If you do, file this with your own company and let them sort his out with the other companies.

As far as who is at fault in this accident, I have no idea – and if I did, that would not change the information I am providing to you.
October 24th, 2011 at 7:14 pm #Jason

Mike,
I can guarantee you that if your wife hit a deer that would be evidence of that regardless if the van rolled 100 times and then struck 10 different trees. Absent that indication of hitting a deer, this should rightfully be classified as a collision claim. And that is likely why it was changed.

It’s not the end of the word. Can this be changed from a collision to a comprehensive incident? Yes, it can be but since it was already changed, the odds of that happening are minimal.

Also, Mike, you assert she hit a deer. You were not there and you do not know that. The longer this stays at a collision, the more difficult it will be to change it. I’m saying this because time is not on your side.
October 24th, 2011 at 7:18 pm #Jason

Shawna,
No, insurance does not address those kind of things. Only damage caused by accidents, hail, fire, or flooding, etc.
October 25th, 2011 at 3:24 pm #Ramya

Hi,
I saw these posts while i was searching for car accident related laws. Kindly help me.
My husband and myself met with an accident on Oct 1st ,2011 while driving to duluth from minneapolis in our honda accord ex 2005. It was because of flat tire and we were on the correct speed(GPS showed 72/70). Unable to manage the car my husband tried to move into shoulder besides which there were some farms and a farming machine, and hit to the machine ( empty machine with no people in it)parked there. Our car got totaled and now we got a letter and a call telling to attend court on monday(Oct 31st). I am very much worried. would there be any fine or imprisonments? Please reply me Should we take help of any attorneys? Will our insurance (GEICO) cover if we are judged with any fine?
October 25th, 2011 at 3:36 pm #Jason

Ramya,
If you have been served notice to appear in court and is someone suing you, you need to contact your insurance company immediately and inform them of this. Then ask any questions you may have of them.

However, the basis for the court appearance may be for inattentive driving or a similar infraction that relates to the accident. Generally things of this nature are for a monetary penalty and do not include jail times with them.

Your insurance company will not pay your fine.

From the information you provided, you shouldn’t need an attorney.
October 26th, 2011 at 12:19 pm #Deb

My son was involved in an auto accident. Police were called, and the officer failed to take statements from the two witnesses in my sons’ car, listed the vehicle type wrong for my sons’ car, listed the vehicle color wrong (white vs. black) for the other parties car, and issued my son a ticket that placed fault on my son. We are fighting the ticket in court. Claims were filed against our insurance by the other party and against the other party by us. Other parties insurance denied our claim stating accident was not their insured’s fault. Our insurance, despite our objection, intends to pay the claim to the other party. The damage pattern on the vehicles and logic lend credence to my sons’ version of events. (ie. what is more logical – the other driver merged into my son when my sons’ small vehicle was in his blind spot or my son decided to take on a larger vehicle in clear sight by merging into the truck with his small car?) Can my insurance company pay the claim without regard to my dispute? How do we recover damages on our claim, do I have to hire my own attorney?
October 26th, 2011 at 1:02 pm #Jason

Deb,
Yes, your insurance company can pay the claim no matter what. They could even pay it if they and everybody agreed that the other party was 100% at fault. The decision about what they do it out of your hands.

If your insurance company and the other insurance company both agree that it was your sons fault, you can collect your damages from your insurance company if you have collision coverage. Other than that, you cannot recover.

If you want to hire an attorney, that is great. What will happen in that circumstance is the attorney will be paid by you, and nothing will change.

The limited control you have is for the ticket. Either pay the fine, dispute the fine and have it reduced or dismissed. Then move on with life.
October 26th, 2011 at 5:05 pm #Kristi

My brother was in an accident a few months back, he was driving someone elses vehicle, swerved to miss a deer hit the gravel on the edge of the road and rolled the vehicle. Him and the passenger were severely injured and have over $100,000 in medical bills. My big question is the person’s vehicle he was driving, her insurance company is trying to sue my brother and make his insurance pay. And than they keep threatening him and telling him and my parents that their insurance would be next in line. He does live at home (he moved back as he lost his job and house) He’s 30 and isn’t on their insurance policy. IS this legal? And 2nd is the air bags never deployed in the vehicle, and the car dealership she bought the car from paid off her car, in full. Without a request to do so, it seems rather fishy to me that they would do that. Makes me feel as though they knew that the airbags were never replaced (they were missing) I guess my parents keep asking me as they are concerned about losing their home, etc. My dad is retired and my mom only works part time.. Any help would be great. Thank you!
October 26th, 2011 at 6:27 pm #Jason

Kristi,
Your folks didn’t do anything that contributed to the cause of the accident. They are off the hook. Their insurance may be there for the benefit of your son if he is a resident relative.

His insurance would be next in line after the insurance of the vehicle he as driving is consumed.

This is a rather complicated issue and I will only address the negligence and liability. Your brother is negligent to the injuries of his passenger and because of that he is also liable for that cost including pain and suffering.

The primary insurance is belongs to the vehicle doing damage. The vehicle that rolled caused injury to the driver and passenger.

Next, the responsible controlling person (driver of the car) would be next in line for insurance. That is if he has a policy. If the damages (injuries) are more than the insurance connected to the automobile and the insurance connected to your brother, then it would look for other insurance and that would be insurance in the household in which your brother lived. The insurance in the household is there to protect the household members and your brother seems to fit that category.

Now, what if the damages and injuries were more than the available insurance? Well, that is where is ends, or they could sue your brother for anything over and above.

As far as the dealership paying and the airbag issue, I will refrain from addressing that point.
October 28th, 2011 at 12:22 pm #Velma

My daughter was in an accident in NC. She had stopped with her signal on waiting to make a left turn. Once an oncoming car passed she began to turn and a car behind her passed on her LEFT side as she attempted the Left turn and she hit his rear bumper. Unknown to us our insurance had lapsed. He now claims that she was at fault and is trying to make us pay for his damages. Are we really liable or is this a draw situation? No ticket was issued at the time to either driver and our insurance company offers no advice what so ever though we are now current. Do we have a leg to stand? By the way our car sustained $2,000.00 in damages but his only about 500.00. (So he says for now.)
October 28th, 2011 at 5:07 pm #Jason

Velma,
We don’t know enough information about the accident to determine who is at fault, or who has more fault, for the accident.

Can the other driver ask you to pay? Yes, technically he can. However, if you don’t want to pay, he would have to sue you and prove that your daughter was more at fault than him.

If you weren’t insured at the time, your insurance company has nothing to do with this accident.
October 28th, 2011 at 5:49 pm #Jennifer

I was hit in a parking lot- the other party was found at fault- she has insurance with Geico, however on another car- not the one she was driving so my UM kicked in. Why wouldn’t Geico pay if she had an in force policy at the time? I understand insurance follows the car not the driver per say, but if the car wasn’t insured, would HER insurance then follow, then mine? Thanks.
October 28th, 2011 at 5:53 pm #Jason

Jennifer,
It is following the car. It follows her car, then your car comes next. She isn’t insured for this accident. The UM that your policy pays can seek recovery from this woman for reimbursement. That’s just the way it goes.
October 28th, 2011 at 5:58 pm #Jennifer

That’s what I thought- I highly doubt my company will look for reimbursement, but that’s up to them. So long as they take care of me, I’m fine with it.
October 29th, 2011 at 1:48 pm #Brian

In theory if i was to purchase a car and get insurance policies from 2 separate companies and continually pay for both companies and then ended up totaling the car would i be paid in full by both companies? I was just curious as i couldnt seem to find the answer anywhere online thanks
October 29th, 2011 at 2:46 pm #Jason

Brian,
Technically, that could happen but there is a part of your policy that indicates if you have other insurance for that vehicle, then one policy would not pay for the loss.

Somehow if this fell between the cracks it could happen.
November 2nd, 2011 at 2:24 pm #Lester Wollman

I was involved in a low-speed accident in California that damaged my car, rendering it undriveable, but did not cause any injuries. I had just dropped collision coverage because my car was old. After the accident, my insurance company, Allstate, took both of our statements and sent a technician to photograph our cars and examine the site of the accident, and determined a couple of days later that the accident was 100% the fault of the other party, but since I no longer had collision coverage, they were naturally not going to pay anything to me. The other party’s insurance company, Farmers, only took our statements without sending anyone over and determined within an hour that the accident was 100% my fault. Allstate recommended that I try to recover damages in small claims court.

I have some questions of strategy. First, I assume that I sue the owner of the other vehicle, not Farmers, correct? Second, would it be beneficial for me to first send photographs and other evidence to Farmers in an effort to get them to change their minds? Can that be later used against me in court or would it look better for me in court if I first try to negotiate with the other insurance company? Third, should I file a complaint with the California Board of Insurance with the complaint that Farmers came to a hasty conclusion without looking at evidence? Fourth, can I try to fix or sell the car before the court date (which could be many months from now), or will that be considered as tampering with evidence and hurt my case in court? If I can’t touch the car, I have to leave it in my driveway and keep paying insurance on it.
November 2nd, 2011 at 3:18 pm #Jason

Lester,
Your assumption is correct about who you sue. The insurance company will then substitute itself in place of the other guy and you will then be up against at least 1 attorney who represents Farmers.

You can choose your strategy about how you want to approach this whether it is negotiating first or not doing anything until court.

You can file a complaint with any organization you want. I don’t know how much it will help you.

You can do anything you want with your car. You can fix it, sell it, or whatever. It won’t be considered tampering with evidence. Just take photos that you can use in court before you do anything with the car. Farmers apparently has waived their opportunity to look at the car because they did not look at it.
November 2nd, 2011 at 4:57 pm #Lester Wollman

Jason,

Thanks for the information. It answers my questions, except for one point. You said that Farmers will have an attorney represent them. I thought attorneys are not allowed in small claims court. How will it work out if it is me against one or more attorneys?
November 2nd, 2011 at 5:47 pm #Jason

Lester,
Attorney’s are not barred from small claims. It’s just that non-attorney’s people can access these courts more readily because it is a little less formal.

I don’t understand your question. I cannot predict the outcome of a case. I just know that the attorney will have a law degree, know the law, and will be in his comfort zone.
November 2nd, 2011 at 5:54 pm #Lester Wollman

Jason,

My question is, how often do we non-attorneys win against insurance company attorneys in small claims court in cases involving determination of liability? Do I start off at a huge disadvantage simply because it will be attorney vs. non-attorney? If the odds are really small, I may decide the case is not worth pursuing.
November 3rd, 2011 at 7:07 am #Jason

Lester,
Everybody has their own level of skill and each person understands the law and all it’s details concerning the court process differently. Usually I would indicate that it’s a lot of time and energy and I would suggest avoiding it rather than pursuing it.

However, you present very well on here with your questions. I don’t know the details about your accident but it’s odd that both insurance companies arrive at the extreme opposite conclusion of fault. I don’t like to give out odds on here but I think you would match up good with an attorney on the other side of you.
November 4th, 2011 at 2:38 pm #Jeremy

Our car (A 2 week old Hyundai Sonata Hybrid) was parked in a parking garage and was hit while we weren’t in it. The other person left a note and we were able to contact her and get her insurance company to repair the car. We are trying to get reimbursed for the time I spent getting quotes (at their request). I had to take the time off from work to get it accomplished because the shops are only open during normal business hours and that is the time i work as well. Shouldn’t their insurance company also reimburse me for this time, and the time we spent dropping off the car and picking it up during business hours. If so, how do i approach this with them, the insurance agent said she talked with her ‘supervisor’ and they are not going to pay for the time off, just the ‘direct loss to the vehicle’.

Thanks in advance,
Jeremy
November 4th, 2011 at 2:42 pm #Jodi

Hi Jeremy –

I work for an insurance agency as a claims advocate and before that I worked as an adjuster. Auto property damage claims pay just that – property damage. The time and inconvenience of having a wrecked care is not compensable. I know it may seem unfair but this is how policies are written.

Sorry to disappoint –
Jodi
November 4th, 2011 at 2:45 pm #Jeremy

That just doesn’t sound right. That should be covered under pain and suffering. Like ‘pain in the butt’ to get taken care of… 🙂

Jeremy
November 4th, 2011 at 3:39 pm #Jason

Jeremy,
Pain and suffering requires an physical injury to be considered. Absent an injury, that can’t even be considered. I’m glad the insurance company is taking care of the damage.
November 5th, 2011 at 3:02 pm #sharletha

I live in michigan and I had a break in recently. My renters insurance is replacement cost but they told me that they will depreciate by 50% which is acv until i replace the item and send them a receipt showing the item being replaced. is this legal? what recourses do I have instead of taking 5 to 6 months to replace items stolen?
November 5th, 2011 at 8:47 pm #Jason

Sharletha,
No, this is what happens. You would be paid ACV only when you have a loss except you have the additional coverage that allows you to get new items instead of just the ACV value.

The recourse you have is that you can take 3 to 4 months to replace the stolen items, or even less time if you choose.
November 6th, 2011 at 10:41 am #Jackie

I have a 2007 Mercedes R350 and it was unoccupied when it was hit in a parking lot. My insurance company (SF) paid for the damage but the value of the car dropped by $5k. Is there anyway my insurer can make me whole to at least bring me back tot he amount my car was worth prior to the accident?
November 6th, 2011 at 10:55 am #Jason

Jackie,
What you are referring to is diminished value. Perhaps if your state recognized this type of loss you could do that.

However, your expectations that your vehicle lost over 25% of it’s value based on a minor parking lot accident is unrealistic.

It is very likely that your insurer has already brought you back to the value your car had prior to the accident.
November 6th, 2011 at 10:56 pm #Fernando

This begins with an accident between our car and another car, on public streets. There was one witness. Police officers took a statement from all parties and filed the report. We have a copy of the report and sent it to the our insurance company. Our insurance company now wants our “recorded” statement of the accident. I’ve advised them that they have a copy of the report with the statements from both parties. The other insurance company recently sent us a letter requesting answers to such questions like “Did you violate any traffic laws?”, “Did the other driver?” (does this sound like self incriminating?). The question is do we comply with their requests since the statements were provided to the police department?
November 7th, 2011 at 7:01 am #Jason

Fernando,
The police do their investigation based on their resources. They have information available from the involved drivers and any witnesses. Their report is not set in stone because they were not there and are relaying their information the best they can. They don’t always get things right, or the way they put it into report form can differ from the way the accident actually happened. Also, one of their principal activities is to see if anybody violated the law. Their reports are generally created to support violations and making the work of the district attorney easier because that is who they work for.

Your insurance company is doing something similar. They don’t have to report to a district attorney. They have to determine, though their separate and distinct investigation, with all the resources they have available to them the level of fault of each driver. Your insurance company doesn’t want the investigation of the police officer as their only information in order to make a liability decision.

At minimum, you should comply with the reasonable requests of your insurance company. A recorded statement is reasonable. Your claim could be denied if you didn’t cooperate with your insurance company. It likely wouldn’t be denied, but it could because it’s a contract between the insurance company and you.

As far as the other person’s insurance company, you don’t have to provide a statement or any completed forms to them. If you did, it would be voluntary because you don’t have a contract with them. The other insurance company, like your insurance company, is attempting to determine how the accident happened with the resources available to them.

No, the questions asked do not sound like self incrimination. Depending on your answers, your answers could be self incriminating.
November 8th, 2011 at 8:01 am #Jason

I live in Kansas. My motorcylce was knocked over at some point at night. The insurance company is paying for damage. My only problem is they want my old parts, do they have a right to those parts? My understanding is those parts should be mine, am i correct?
November 8th, 2011 at 8:07 am #Jodi

Insurance is intended to make you whole. Your bike has damaged parts and your insurance pays to replace those parts. The key is replace. If you were allowed to keep the parts then you would be “gaining”. That is not the intention of insurance. If you would like to keep the parts then I am sure the adjuster would be willing to negotiate and reduce your settlement by the value of those parts. Otherwise they are replacing those parts which then become their property.
November 9th, 2011 at 12:26 pm #Allen

I am trying to gain as much information for one of my sister that recently had her car totaled in an accident with another car. The incident involved driver that blacked out during a right turn at a controlled intersection in which his vehicle crossed two lanes of traffic, ran over a cement median during the turn and entered oncoming traffic hitting my sister’s car almost head on. The individual was treated for low blood suguar on scene and refused any further medical assistance or to go to the hospital for further evaluation.

All insurance companies will deny that they have no liability in this case since it was a medically induced event. State Farm has already compensated her for the loss of her vehicle but is telling her that she is on her own to recoup the deductible and lost wages covering two and half days due to injuries from the crash. Founders Ins., which insured the other vehicle, has been very hostile towards my sister when she has talked to them to recover these cost.

The Illinois State General Attorney’s Insurance division informed me that State Farm should cover the lost wages and deductible then it will go to arbitration. After Founders Ins. fails to show up arbitration then State Farm will pool this claim with other claims against Founders Ins. until it reaches the monetary amount to justify taking Founders Ins to court.

I get the feeling that State Farm is trying to pass the responsibility on the losses which are harder to recover, dedcutible and lost wages, and recover their money on the surer thing, the vehicle. Should she be compensated by State Farm on the lost wages and deductible and make State Farm recover that along with their losses on the vehicle?
November 9th, 2011 at 1:27 pm #Jason

Allen,
You will have as much luck of having State Farm pay this and then recovering it from Founders Insurance as you would have of the Illinois State General Attorney’s Insurance division paying this and then recovering it from Founders Insurance.

You already said it in the paragraph preceding the the paragraph about the State Attorney General. Founders Insurance does not have any liability for an medically induced accident. They don’t owe the money. In fact, your sister doesn’t even have coverage for this that State Farm can pay and then collect if there was a negligent person. There are 2 important conditions missing in this scenario and that is no negligence and no coverage.

State Farm can seek reimbursement for things they are contractually required to pay which is the collision damage to the car but they will only seek that if Founders Insurance is legally liable to pay it (negligence of their driver). This insurance division is providing you with inaccurate information.
November 13th, 2011 at 7:02 pm #Chantal

My husband recently had work done on his 1997 Jeep Wrangler…new tires, oil change, check brakes. Anyhow, two days later he is driving down the road and his hood flies up. Fortunately he was able to get off the road safely,without injury to himself or others. It turns our the service shop failed to lock the hood down when they performed the service work. The hood is dented and the windshield broken. The service shop has agreed to replace the hood and windshield. It has occured to us that now we will have a bright, shiny new hood on a faded 1997 Jeep. Our desire would be to have the Jeep restored to original condition. We feel that having a bright shiny hood sitting atop a nicely faded 1997 Jeep will be rather unattractive and are curious as to whether we are within our rights to request that the whole Jeep be painted. The service station has not provided us with their liability carrier’s information, so I assume they’d rather pay for the damages outright. Thank you.
November 13th, 2011 at 7:35 pm #Jason

Chantal,
The difficulty with your situation is that the body shop cannot fade your paint on the hood to match the rest of your vehicle’s paint. So, the only thing they can do is put brand new paint on which is technically better than the faded paint.

Your option in this situation is to get the rest of the vehicle painted. The thing you might not like is that you will have to pay for that because the body shop’s negligence did not cause damage on the rest of your vehicle and they did not cause the paint to fade.

In this case, you are not entitled to get undamaged things repaired and paid for by others. Whether the service station pays out of pocket or goes through their carrier, nothing I’ve provided in this post would change.
November 14th, 2011 at 8:41 am #Nicco

I got side swiped by an 18 wheeler which caused my car to spin off the highway and crash into the median. I did not have insurance at the time but the 18 wheeler admitted it was all his fault and we filed the police report. Does he get away with having to pay nothing since I dont not have insurance?
November 14th, 2011 at 12:51 pm #Jason

Nicco,
Although you were in an accident, this is the ideal situation for you. The insurance company for the truck driver, if it is the fault of the semi-driver, will offer to pay you for the damages to your vehicle. Not having insurance has nothing to do with somebody being responsible for the damages you sustained.
November 14th, 2011 at 3:47 pm #Brandy

My bf recently backed into my car. Since my car is brand new (less than five months old) the repairs are going to be costly! I decided though that I wanted to get the ball rolling, so to speak, by using my insurance to get it repaired since my bf currently out of town. In any case my insurance gave me a check, less the cost of my deductible. The thing is, they made the check out to the lien holder and myself. I was told by the adjuster that when I find a body shop, I can call and cancel the check they gave me and they will issue me another check payable to the body shop of my choice, and myself. My family is really into show cars and they build all of their cars from the ground up. I know a guy that does stellar body work, and he’d give me a great deal. The thing is, he does it as side work, not in a regular body shop. Is it legal for me to deposit the check in my bank account and take my car to my guy or do I HAVE to take it to some lame body shop that’s going to probably rip me off and do a crap job? I’ve always owned my cars free and clear, so I’m not sure if they did it this way bc I owe money on the car or what.
November 14th, 2011 at 4:18 pm #Jason

Brandy,
The lien holder is on the check because the lien holder wants to make sure the collateral supporting the loan retains it’s current worth.

If you present or send the check to your lien holder and you let them know you intentions of repairing the car, they will work with you. Just as long as your car gets fixed, your lien holder will be content.
November 15th, 2011 at 10:32 am #JOHANNA BRADFORD

MY HUSBAND AND I OWN A SMALL AUTO REPAIR SHOP IN CALIFORNIA. WE HAVE A SIGN POSTED ON THE PREMISES THAT STATES “PRIVATE PROPERTY. NOT RESPONSIBLE FOR THEFT OR DAMAGE OR THEFT TO VEHICLE.”

WE EXPERIENCED A BREAK IN A FEW MONTHS AGO. THE THEIVES STOLE TWO VEHICLES OFF OF THE PREMISES, AND WERE CAUGHT ON TAPE. BOTH VEHICLES WERE LOCATED WITHIN TWO WEEKS WITH MINOR DAMAGE. AND BOTH CRIMINALS WERE APPREHENDED.

BOTH CUSTOMERS WERE HAPPY TO HAVE THEIR VEHICLES RETURNED. HOWEVER, WE RECENTLY RECEIVED A CLAIM LETTER FROM ONE CUSTOMER’S INSURANCE COMPANY STATING WE ARE RESPONSIBLE FOR REIMBURSING THEM FOR THE DAMAGES INCURRED TO THEIR VEHICLE.

CAN YOU ADVISE ON IF THIS IS TRUE, AND WHAT PROTOCOL TO FOLLOW? ANY ADVISE YOU CAN SUPPLY WOULD BE APPRECIATED. THANK YOU FOR YOUR TIME.
November 15th, 2011 at 11:16 am #Leslie

I had an accident where the other driver was at fault. I was given a check from his insurance company for damages and I deposited it into my account. I didn’t make the repairs.

The guy’s insurance company, called (now 6 months later) and wants to inspect my vehicle to make sure I repaired the car.

Is that legal? Once I cash the check the whole thing is over, right?

It doesn’t seem like they want to inspect my car for my benefit. What if it takes me another year to get my car fixed? It is drivable.

Also, do I even have to fix it?

Thanks!
November 16th, 2011 at 8:21 am #Jason

Johanna,
Simply forward this letter to your insurance company and forget the letter even existed. Your insurance company will address this claim and you can concentrate on making money by repairing vehicle.

If you don’t have insurance, then the answer will be different. If that is the case, please provide the state in which your business operates.
November 16th, 2011 at 8:32 am #Jason

Leslie,
That is indeed a very unusual request by the other insurance company. Sure, it’s legal because they are not violating any laws by asking to do that.

Are you required to let them inspect your car? No. Also, you were paid for the damage and you can repair your car or drive it like it is. If you are satisfied with the settlement amount, this claim is over and there is nothing further you have to do. Also, if you never repair your car, that is your option.
November 16th, 2011 at 9:43 am #william

I live in Texas. Someone hit my vehicle and the person has AllState. AllState said we had to go to the body shop they recommend? Is this true? What do I tell them based on the law?

Thank you
November 16th, 2011 at 10:17 am #Jason

William,
You don’t have to tell the insurance company anything concerning the law. If you don’t want to deal with allstate, just have your car fixed using your insurance company.
November 16th, 2011 at 10:22 am #william

Jason,

I thought of that but since it’s not my fault, I didn’t want to use my insurance company because the claim would increase my rate. I just want to make sure I can avoid using their body shop of choice. Thanks
November 16th, 2011 at 10:37 am #Jason

William,
A non at fault accident is not a precursor to increase your rates. To assume that is not a fair assessment. Just because they indicate a certain shop doesn’t mean you should resist that body shop. All you are concerned about is getting your car fixed to its pre-loss condition. That is what their shop will do. You might want to consider it.

I know it might not seem right that they provide that take it or leave it option but that’s what it is. They are not forcing you to use that shop because you can decline and use your own insurance.
November 16th, 2011 at 10:42 am #william

Ok,
Thanks for the help!
November 17th, 2011 at 12:31 pm #sharon

need some help and advice please!!!!!!!!!!!!!
I was in an accident 2 years ago and have now recieved letter from a company who fixed my car and my insurance is saying they are not going to be paying them as they didn’t check with them before fixing my car, i should add that this company were sent to via my insurance.
My insurance are saying the fault is on the other companies side as they should have checked with the before takin on my car. They aren’t paying it the other company have told me that i will have to pay these cost however my insurer have said that i need to refuse to pay this as theres no liablity, as the fault is with the other company.
WHERE DO I STAND WITH THIS????????????????????

please someone help me
November 17th, 2011 at 4:24 pm #Jason

Sharon,
I don’t know where you stand. I don’t really understand your post. Could you identify who everybody is that you are talking about? Please don’t use “they” – instead tell us who they is. When you refer to “other company”, do you mean other insurance company, other body shop that fixed your car, or something else? If you can provide us with some clear information, we can provide you will clear answers.
November 18th, 2011 at 6:38 pm #John

While traveling through Canada, I wrecked my car 2 times over the span of 4 days. (Very icy and very isolated roads.) One was a sliding off the road into a ditch. The next rolled the vehicle onto its top. By the time I got the car back to the US, the vehicle was deemed a total loss. However, the first wreck was not enough for it to be considered a total loss, and nor was the second if taken as a single claim. My question; can the insurance company bundle the damage to deem vehicle total loss? And if so; can they take my deductible twice; thus lowering the amount they have to pay me. 1000 + 1000 instead of just 1000. Thank you in advance.
November 18th, 2011 at 8:19 pm #Jason

John,
Yes and yes. The car is totaled at this point. Being totaled means that it doesn’t make sense to repair it because one of similar condition, age, and mileage will be less than the cost to repair it.
November 21st, 2011 at 6:39 am #Hildago

Hi,

My car was recently damaged during a snowstorm and the body work estimate is roughly $3000. If my insurance company cuts me a check for the amount less my deductable, am I obligated to use it for repairs or can I use it for, say, part of the down payment on a newer car?

Thanks!
November 21st, 2011 at 6:56 am #Jason

Hildago,
No, you are not required to get the car fixed. You can use the funds anyway you want.
November 21st, 2011 at 8:05 am #Val

I just noticed that someone must have hit my car this weekend. There was never any note and I have been a ton of places where it could have happened. How do I start, does it pay to file a police report with no idea where or when it happened in the last few days, will my insurance company believe me? I have never had a claim for anything in over 16yrs of driving but I did just change insurance companies so I dont know if they’ll think it’s odd or suspicious after just a month that now I file a claim.
November 21st, 2011 at 10:41 am #Chris

Hello,

I have a 2003 Jaguar XType 3.0 with 160,000 miles that was involved in a car accident last Friday. My wife was waiting at a light and an old man came out of the driveway and hit her passenger back door, quarter panel, and rear bumper. The alloy rim was damaged as well. My ABS light turned on. I bought the car for $3500. cash and gave up my 2003 Civic EX 4 door standrad trans (worth $2500. to me, had some issues). I had the transmission and transfer case rebuilt ($4000.). I also bought Jaguar rims from a junkyard for $400. I went through my insurance company (Geico), and long story short the car is consisdered totaled, they are offering me $5,406.44 (after my $500. deductible)…I have more than $10,400. invested and only had the car for 6 months! ransmission still under warrantee, what can or should I do?
November 22nd, 2011 at 2:06 am #Jason

Val,
Yes, they will think it’s suspicious. It is going to be even more suspicious if the damage is on the right front of the car. If you want to make a claim, be prepared to make a police report if they request you do do that.
November 22nd, 2011 at 2:09 am #Jason

Chris,
Although you have $10,400 invested in the car, it’s worth is worth $5906. Take the settlement and be aware that just because you spend a lot of money on a car doesn’t mean that it’s value is going up.
November 23rd, 2011 at 5:45 am #sherry

My husband has a 18 wheeler that had heavy damage to his truck the insurance company wants to put the check in the business’s name that might be repairing the truck. I need the check made out to me what is the problem with that. Can I have the check made out to me instead, this is going to be a long process because he needs the truck to work and it will take some time to repair?
November 23rd, 2011 at 7:11 am #Jason

Sherry,
The insurance check should be made out to the policy holder. If there is a lien holder, then the lien holder should be added as well. However, another way around listing the lien holder is to have the check drafted to the policy holder and the repair facility in order to remove one party that will not be involved in the repair.

I assume your husband and you are the policy holders. If there is not a lien holder, the check could be made out to both of you. Why do you believe it needs to me made out only to you.
November 24th, 2011 at 2:27 am #James Collins

My car (and the truck behind it) was hit while parked.
It was forced 5-10 ft foward, and the tires made about 1/2 of a revolution (while in park)
The vehicle that was pushed into mine, was left in place for 2 days (with a pre-load on my drivetrain).
Once it was finally pulled away, my cars suspension went back down to it’s usual height.

The responsible motorist was insured by State Farm.
After an adjuster inspected my car, they sent me a check for about 1/2 of the amount to repair it.
SO….. I dropped it off at the local “State Farm Approved Repair Facility”, along with the check I received and told them to give me a call when it was done.

They were able to get the adjuster to issue a second check, and perform a semi-poor repair of the rear bumper.

When I dropped the vehicle off, I also gave them photos, showing how the tires had rotated during the collision, and requested that the motor mounts and the entire drivetrain be inspected for any noteable damage.

I was told that I shouldn’t push for too much, I said fine. I won’t push, but I did want any collision related damages repaired.

I just looked under the hood, and it is clearly evident that the upper “Torque Strut” (motor mount) has extremely recent damage (can easilly see where the rubber was forced against the bracket, and can see that all of the cracks and missing rubber is fresh damage
==============================

Now keepp in mind that the top “torque strut” is the only “motor mount” that can be easilly inspected easilly.
And the damage that is visable, warrants further inspection.
======================================
If I had the money, I’d simply pay for the work to be performed, then submit a receipt. But I do not have that ability, nor should I have to do that.

So how do I deal with mechanical repairs, and the insurance adjuster (who thinks that it’s a closed case)?????

Photo’s can be viewed at…….
http://s330.photobucket.com/albums/l422/jamesc116/camry%20collision-%20hit%20while%20parked/

Thanks,
James
November 28th, 2011 at 8:14 am #Mike

Thanks Jason,

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

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

The BH PH did this as a favor for me as they dont usually do this.

Now the invoice I faxed to the adjuster is from the BH PH lot. Their name is even on the invoice and the adjuster is aware of this.

I told the adjuster that I thought their client didnt have insurance so I got it fixed myself, the next week. I told the adjuster that the BH PH lot fixed it up themselves and that they never gave me a estimate or anything, only thing I was given is a invoice which list the parts used, cost for each part and labor charge.

I told her I could not get a detailed estimate like a regular bodyshop because they are not int he business of doing bodywork for public.

So yes the adjuster already have the same invoice i was given which list parts, price and labor charge.

I also gave her the before pics(at accident scene) which shows my whole front end tore off and both side panels and airbags deployed , it was bad. And I also showed her the finished results(which looks like a new car again), so it shouldnt really be no disputing the fact that the car was heavily damaged .

The car lot said they probably would had written it off for $3500 or so if I would had filed a claim when i had accident.

As you can see the damage is there. Now it looks like a new car again.

It took them 4 months to contact me and when they called I was like this is a joke right? she said no..LOL i was like I thought she didnt have insurance and why did you contact 4 month later. Im grateful you contacted me but that was kind of odd. I was like I got the car repaired for $3000 out of my pocket 3 months ago.

But I sent the the receipt/invoice I got. As far as a estimate I cant get that. I would think the invoice would be good enough as it shows parts, price and labor.

I just hope everything is done and claim closed and settled within 3o days.

so what do you think?

There is really no disputing the damage

So what do you think.
November 28th, 2011 at 8:37 am #Jason

Mike,
If you need more detailed information and assistance than the general information we can provide on here, send a short e-mail to us at complete.insurancehelp@gmail.com There is some additional information we will ask in order to provide you with more detailed help.
November 28th, 2011 at 10:05 am #reyna

Hello,

I had a mercedez s500 that flooded while it was at the body shop getting fixed. It was a total lost. I owed $32,000 and my insurance paid what the car was worth $12,000, but my gap insurance only wants to pay $4,000. What can I do because I paid this car for 4 years and they still want to make me pay $15,000 for a car that I don’t even have?
November 28th, 2011 at 10:27 am #Amy

I was recently rear-ended in my boyfriends car I did not have my own insurance so I was covered under his. The car was totaled I had gone to the chiropractor where I was told I had whiplash. I have not been there since although my neck gets a little achy sometimes I didn’t have the money at the time I am not employed so I did not miss any work. The insurance company wants to offer me $500.00 inconvenience for my injuries am I entitled to more????
November 28th, 2011 at 11:37 am #Brian

My BMW 328I car hit with a rock from underneath last week and it damaged the oil tank and the Engine. I do have the collision coverage with Geico.

Geico agent told me that they cannot cover the Engine repair cost as it was caused by driving the car after it was hit with the rock. Actually, engine switched off by itself right after it was hit with rock and I didn’t drive the car more than 0.01 miles after the collision. But Geico agent is not ready to agree.

Is there any way I can get the Engine repair cost paid by Geico?

Thanks in advance!
November 28th, 2011 at 11:28 pm #Jason

Reyna,
Contact your gap insurance. They should be paying the difference between what is owned on the vehicle (If you didn’t increase the amount owed since you got the gap insurance) and what the vehicle insurance pays for it.
November 28th, 2011 at 11:39 pm #Jason

Amy,
You are not entitled to anything. You and the insurance company have to agree on what amount to pay you to make your claim be settled. They don’t have to pay you anything but then they risk that you will sue their customer and they will have to defend that person in court and probably pay you something after the court process. They are simply trying to eliminate that potential of their customer being sued and taking care of you right now with the money they are offering you.

If you want to sue then, if you think you can get more, then do it. However, if you sue them yourself, they will have an attorney and it will be the attorney against you and they will have the upper hand in everything.

So, if you want to do it right, you would have to hire an attorney and pay them their hourly fee because they won’t want to take on your whiplash claim because to an attorney, it’s not worth their time to do it on a contingency basis. So, the money you pay to the attorney will be your cost of trying to get more than $500. It’s likely you will pay your attorney well over $500 and not be able to recovered that amount from the courts if you are successful. So, you might win a total of $1000 but will have to pay your attorney their fees of over $500 (or more) and then the rest would be your settlement, if there is anything left over.

So, in order to avoid all this time, frustration, and expense, they are offering you the “easy way out”. If you don’t like it, sue them. Or perhaps you can explain to them why it should be more. Like, perhaps $750 and see if they will increase your offer to sign a release. Technically, they are offering to pay you $500 for your signature on that release.
November 28th, 2011 at 11:54 pm #Jason

Brian,
A rock will damage the oil pan. A rock will not damage the engine. What will damage the engine if operating the engine without an adequate amount of oil and oil pressure.

So, Geico will repair the damage to the oil pan due to the rock hitting it, but they will not pay for the damage to the engine because due to you operated the motor without oil.

No, their decision about fixing only the oil pan is the correct one because the collision from the rock damaged that and nothing else.

Your car is a BMW so it has a built in limp mode so even with a hole in your oil pan you will be able to drive it, but most likely with reduced power. You will have the red oil indicator illuminated in your face that says there is an oil issue. That red oil light is kind of important – and running the car with that light on is a costly few moments and I’m certain it was more than .01 miles.
November 29th, 2011 at 7:00 am #Juliette

A friend ran into my car back in April. We didnt call the police because we figured we would file the claim later or he would just pay cash for it. Months went by and finally he filed a claim in October with his insurance but lied about the date because he knew he wouldnt be covered if he told them the accident happened in April. He asked me to tell them it happened in October as well so I did so. The claim got denied because he couldnt give documents to prove when it happened. Now I want to file a claim under my insurance for under uninsured motorists but want to tell them the truth about the date. My question is, can I get in trouble for lying down the road when my insurance takes him to court for the money to fix my car? I just want to make sure legally his insurance won’t take me to court or something because they have my recorded statement. But I’m thinking they won’t even be involved in the collection of the money, only my insurance and himself personally. I need some legal advice! Thanks.
November 29th, 2011 at 1:38 pm #Sandra

My car was stolen in early October in front of my house while me and my husband was asleep. The car was found by the police who told it was it was stripped and then burned. I filed my claim right after I filed my police report. I’ve finally gotten a call from the insurance company (Unitrin Direct) investigator and they stated they won’t settle till I find my cell phone records. My problem is my cell phone is under a family plan with my father. He has liver cancer and very ill, I haven’t been able to find the bill because I pay the bill every month. The investigator told me to go online and sign up as my father to download the records. I told him I don’t feel comfortable signing up without as my father and stated he’s too ill to take him to Verizon. The investigator stated then my claim with never be settled. What can I do?
November 29th, 2011 at 2:41 pm #mary

Hello,
I’m going back home this month, and i was thinking not to pay my insurance becuase i’m not going to use my car. The Agent of my company suggested to put my car under suspension, while my brother told never do that because i may have troubles and pay double after! i’m really confused. Is there anyway to pay less or not to pay without having problems later, or should i just pay the “big” amount even that i wont use my car?
Thank you
November 29th, 2011 at 8:41 pm #Jason

Juliette,
You won’t find legal advice on here but we can provide some very good information. Any time you lie to or mislead an insurance company that is considered fraud.

For this damage, maybe it would be best to revert to your original plan and have him pay cash for the damage.

If you file a claim under your insurance, it would not be for uninsured motorists, because that is coverage for you in the event someone without insurance injures you.

The insurance part you could claim it under is collision.
November 29th, 2011 at 9:32 pm #Jason

Sandra, you can cooperate in the investigation or you can refuse. If you can get over the feeling of being uncomfortable, perhaps you should cooperate.
November 29th, 2011 at 9:37 pm #Jason

Mary,
Can you please advise us what your brother is talking about and what his basis is for the information he is providing to you? We would like to know where he is coming up with his “paying double” figures.

You might want to listen to your agent who will provide you with options for your specific situation.
December 1st, 2011 at 6:21 am #Nick Donovan

Hello,

I have recently been involved in a road traffic accident where a car has crashed into me, their insurers have accepted full liability. My insurers put my car into a garage for assessment, it came back that the car could be repaired and it had damage to the back bumper etc… Now a week later the garage has just phoned up to say that the chassis is actually bent and the battery unit has completely broke… meaning it will be in for another week. They have called my insurers who have approved the additional works and have not written it off. It is a 2007 BMW 3 series with quite a lot of miles on the clock pretty much bottom of the range and in my opinion not worth a great deal. I am not happy about having my chassis realigned and it will have to have permanent brackets put on to do this, purely for my own piece of mind and for worry it will effect resale opportunities on the car, i.e. reduced price etc. I know the insurance company will say that the car will be put back in a drive-able and safe condition but what about my opinion on the car, can I tell them that I would have preferred it to be written off and that I am not happy with the repair? Or will they just tell me that is all they can do.

Regards Nick
December 1st, 2011 at 12:41 pm #Jason

Nick,
Call your adjuster and let them know about your concerns. Perhaps it will make sense to them about what you are suggesting. They likely won’t change their position if the repairs have already begun though.
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December 4th, 2011 at 4:32 pm #Sharon

My husband was hit by another driving when he was turning left on a green light. It was raining heavily the night of the accident. He made sure that traffic had stopped before entering the intersection. He slowed down at one point to make certain that a car in a continuous turn lane actually stayed in that lane. As he was making the final part of the turn to get into his lane, a driver ran the red light stricking the passenger front side of our 2011 jeep wrangler. The other car hit the jeep so hard on the passenger front tire (jeep wheels were turned at an approx. 45 degree angle at the time) that the jeep’s front axle was cracked & the differential housing was cracked. The running board was partially busted off & the rocker panel was damaged. The other driver’s car had what appeared as light damage. She admitted fault at the time. She lied & said the car belonged to her daughter & that she didn’t know where the proof of insurance card was. She took all of my husbands info but would only give her name & her driver’s license #. She refused to give any other info. When my husband started to call police, the other driver said she had somewhere else to be & that she wasn’t waiting for the police. She left. My husband went to police dept. & made report. We took him to the ER next because he had a severe headache & didn’t seem like himself. We contacted our insurance comp. & reported the accident. Our insurance comp located the other driver’s insurance comp. The other driver never notified the police or her own insurance comp about the wreck. The other driver has since denied being at fault & her insurance comp is denying any liability. My husband continues to have issues with the injuries he sustained in the accident. Our insurance comp has said they have decided to not go to arbitration & to cut their loses since it is a he said/ she said accident. No one has looked at the intersection where the accident happened & where the damage was to the vehicles. If my husband has permanent, lasting pain, can we recover from our auto insurance policy? Also, the dealership that repaired our vehicle has told us that because our jeep was hit so hard & the damage so severe, that it has lost almost $17000 in value even though it has been repaired. They said carfax will show the damage done & make the vehicle hard to sell for the money it would have been worth prior to the accident. The vehicle was 3 months old & had only 3000 miles on it at the time of the accident. Our insurance comp policy states we can’t get deminished value from them. What can we do? Does this other driver just get off scott free?
December 4th, 2011 at 6:05 pm #Jason

Sharon,
The jeep has not lost $17,000 in damage as the dealership has indicated. For the dealership to make that statement is careless. If you believe the dealership’s statement, it would be wise for you to ask them to support their assertion.

It’s not clear who is at fault for this accident and it might not be able to be determined with accuracy at this time. If you’ve settled this with your insurance company, the opportunity to seek loss of value is during your settlement efforts with your company, but only if allowed in your state. Since your settlement is over, this is not an option available to you.

Concerning your husband’s injury claim, he will have to settle that with the other insurance company and that is only if they accept liability. If they don’t, he will have to sue the other driver to establish the other driver was majority at fault for this accident.

If you have medical payment coverage, your husband can collect from that for medically necessary expenses. Your husband would not have an avenue to recover for any pain and suffering from your insurance company.
December 6th, 2011 at 5:12 am #Mackenzie

I came out from work and found my car damaged. It was very minimal damage, but reported the incident to security, filed a police report, and made an auto insurance claim just in case somebody tried to blame an incident on me. I got home and found out that my brother had come to get my car and do a few things I had asked him while I was at work. He had accidentally hit a t-post in our yard and left me a note in my car, unfortunately I had not found that note in all this process. I called the security and reported the mishap, as well as dropped the police report claim. I called my insurance company and explained that it was a minimal accident, and since I have liability only, I want the claim dropped. I have new headlights that I have been meaning to replace for months, and a new passenger side mirror is only $40. The claim definitely isn’t worth all the trouble, and I don’t want my brother to have an “accident” reported to his insurance. I live in Texas and have Progressive insurance, there was no property damage, and nobody was hurt. Can I have the claim dropped without it affecting him?
December 6th, 2011 at 6:54 am #Jason

Mackenzie,
You are dropping the claim. Since you don’t have physical damage coverage, it really should not have been set up as a claim in the first place.

Will it affect him? We don’t know. But he did have an accident and there is no way to undo the fact that he did. Since your insurance should not have set up a claim for this, it likely will not affect him.
December 6th, 2011 at 8:52 pm #JR

I was at a red light, completely stopped, when a car slammed into the back of my car. I immediately got out of my car and saw that my bumper was scratched up, however the person who slammed into me had lots of damage to her car. I called the police and filed a claim. She had insurance, and I have full coverage. What should I do? call her insurance and file a claim for a new bumper? report it to my insurance? she took full responsibility and said she couldn’t stop her car. Please help!
December 7th, 2011 at 5:04 am #Jason

JR,
You have 2 options. Since it is her fault, file your claim with her insurance so they can pay for your repairs. This way you don’t have to pay your deductible.

The other option is to file with your insurance, pay your deductible, and get your car repaired. If you do pay your deductible in this option, your company will collect it from the at fault company and eventually send it to your because this accident was not your fault.
December 8th, 2011 at 12:24 pm #Peter

Hi,

I was rear ended by another driver. Unfortunately, I do not have my collision insurance. The insurance company of the other driver denied ny claim although I have police report clearly stating the other car was behind me and stuck my car. I plan to file a claim through small claims court. Should I file it now using estimate from a body shop or should I wait until the car is fixed, then present the sitting judge with a real bill?

Regards
Peter
December 8th, 2011 at 2:09 pm #JERRY

My son was in an accident last week where a tractor trailer truck pulled out turning left in front of him and my son collided with the trailer. His truck is pretty much totaled. The truck drivers insurance told me today that they would rule both drivers at fault saying my son had time to stop. He only has liability insurance on his truck. The accident report said the truck driver is at fault. My question is should I sue to get them to pay for his truck or is there another way

Thanks,
Jerry
December 9th, 2011 at 5:18 am #Jason

Jerry,
When you wrote the first sentence of your post, I expected exactly the result of assigning fault to both drivers. Semi trucks don’t move too fast when starting from a stop so the amount of time it took to start, follow through, and complete the left turn would have been more than enough time for your son to avoid the accident by slowing down or changing lanes.

It depends in which state this accident occurred. It depends on how the blame is apportioned. If the blame is 50/50, over 50% for the truck driver, or less than 50% for the truck driver, then the resulting claim offer to your son could all be different (or not even be there at all).

There is absolutely no reason to sue this insurance company and you effort to do so would not yield anything. The blame assignment could go either way in this situation and still be accurate.

Please advise us in which state this accident happened and we can provide specific details about the resulting scenarios that could happen.

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December 9th, 2011 at 5:26 am #Jason

Peter,
Submit it all right now. You have to serve the owner of the car, not the insurance company with the small claim action. Submit the estimate. If the actual cost if different, then it is good to modify your lawsuit. Keep the final invoice as part of your case if this goes to court. Ideally, insurance company for the vehicle owner will step up and pay your damages. Just ask if you need more guidance in this entire process. We won’t provide legal advice.

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December 9th, 2011 at 5:56 am #JERRY

One more question on this. If I do sue to collect the damages would it be better to hire an lawyer or go through small claims court?

Thanks,
Jerry
December 9th, 2011 at 9:06 pm #MLA

My daughter is the named insured on an auto policy. Her boyfriend (now ex) was listed as a driver. Someone keyed the side of the car resulting in considerable damage. The boyfriend took it upon himself to file a claim with the insurance company. The adjuster inspected the car and authorized payment, issuing a check made payable to my daughter and the car dealer and gave it to the boyfriend. My daughter was never aware of the claim being filed until the dealer called to tell her that the car was ready and she needed to pay the $250 deductible to get the car back. We are under the assumption that my daughter should have been the one to authorize the repair of the car. She never had the opportunity to indicate where the car should have been taken for repairs, or even if she wanted to get the car fixed right now. We have a local auto repair shop we use that is much more reasonable than the car dealer. We called the insurance company and were told that anyone can file a claim. That may be true, especially when someone is injured. But we’re talking more than just reporting a claim; we’re talking about taking the rights away from my daughter to determine if she wanted to proceed with the claim and where to get the car repaired. We are in the State of PA. Does the named insured on an auto policy have exclusive rights to authorize repair to a vehicle?
December 10th, 2011 at 7:19 am #Jason

MLA,
The owner of a home, car, etc. is the only one authorized to do anything with that specific property. Your daughter waived that right by letting her ex-boyfriend do whatever he wanted with that car. The car is now repaired and, if not done already, your daughter needs to pay the deductible amount to get her car back.

Regardless, if your daughter used the local repair shop or the dealer, the net cost to your daughter is still $250 so, in the end, it doesn’t matter who did the repair.
December 10th, 2011 at 1:16 pm #Mla

You missed my point. My daughter never knew the boyfriend took the car to b fixed until she got a call from the car dealer. The ins co never contacted her, they only conversed with the boyfriend. My daughter was not given a chance to make any decision abt the car repair. Shouldn’t the ins co have to contact the named insured since that is who the contract is with?
December 10th, 2011 at 1:54 pm #Jason

MLA,
No, I didn’t miss your point. You don’t really have one. This is the way it worked out and nobody broke the law, will be charged with a crime, and there is absolutely no foul. In this case, your daughter’s ex-bf acted as her agent. Your daughter’s free reign authority to the ex-bf is her decision. Is your daughter even concerned about this? If she is, why are you asking questions for her? – I don’t think she cares. Why is her bf handling all her transportation affairs?

You will have to face it. You lost control of where this car was repaired. In your own words, you said, “We have a local auto repair shop we use that is much more reasonable than the car dealer”. Don’t blame your daughter that your preferred shop didn’t get the work, blame yourself for not being more aware of what was going on.

It seems you are a little too involved in things that are none of your business when you even “called the insurance company and were told that anyone can file a claim”.
December 12th, 2011 at 9:44 am #LGJ

I have a 2007 Camry and we had some flooding on our street that got inside of my car. (Side note: the water is brackish (which means some salt in it). We were able start the car and move it with no water in the engine, however there was water in the floorboards. It was damp for a while and still has a slight stench (approx. 1 1/2 months later). My question is, will the insurance company total the car??? It runs fine now, but we don’t know if there was any long term damage done. My worry is we will file the claim with the insurance and it won’t be totaled and then when we go to trade it in the flooding will show up on the CARFAX and screw us over. Any advice?? THanks.
December 12th, 2011 at 2:40 pm #Jason

LGJ,
You have 2 choices. File the claim and find out what happens.

Or, don’t file a claim and then you won’t have to worry about being screwed over.
December 12th, 2011 at 8:57 pm #Deb

I recently hit a deer. There was not alot of visible damage on the front bumper, but my hood is a little pushed back and when I had my tires rotated and balanced they told me that the canter was off (not straight). They said it definitely could be due to hitting the deer. But, they also said that it could be seen from having the car up on the rack. As with other posts, I was told by my insurance company to take it to one of their preferred places for an estimate on repairs. They will also send out a claims adjuster if I cannot get to one of those repair places. There are none in the town I live in.
My question is two fold. First, how can they estimate something that is under the car if they can’t put it on the rack if a claims adjuster comes to my house to give the repair estimate?
Two, do you get a better estimate from the claims adjuster who comes to your house or from the preferred garages on their list?
Thanks for the info. Am going through bankruptcy and need to make sure I get as much money for this as possible.
December 12th, 2011 at 9:21 pm #Jason

Deb,
There may not be a correlation between your alignment and the deer. Modern cars generally just have adjustments for toe. Caster and camber is something that is not a readily made option for adjustment because of struts on vehicles. If it does have caster or camber adjustment, the proper way to adjust that is with it on the ground and operating weight on the wheel.

What do you mean by a better estimate? And estimate is written based on the damage observed and what needs to be fixed.

Also, bankruptcy has nothing to do with your claim.
December 13th, 2011 at 6:34 pm #Kevin

Someone keyed my car and I had to get it fixed in the body shop. The insurance company approved my claim and I went to insurance company recommended body shop to get repaired. When I signed the work order sheet at the repair shop, they noted my policy number and insurance company name. After running the info through their system, I didn’t pay a single cent for my repair since the insurance adjuster approved and gave me no deductible on my bill. 3 months after the repair, the body shop calls back and tells me that insurance is refusing to pay the deductible on my account. Should I pay the deductible because it is part of my policy or should insurance company/body shop should cover the cost of their error?
December 13th, 2011 at 6:48 pm #Jason

Kevin,
Are you serious? The answer is obvious.
December 16th, 2011 at 6:30 pm #Lester Wollman

I recently got into an accident and my 13 year old car was damaged. There were no injuries to either party, only damage to the cars. The other party’s insurance company said the accident was 100% my fault, while my insurance company said it was 100% the other party’s fault (meaning my rates shouldn’t go up). However, since this car is old, I had already dropped my collision coverage, so I will not collect anything from my insurance.

Now, I am considering suing the other party for damages in small claims court.

I have some questions. I have two estimates for the repairs, one from my insurance company (say $4500) and a higher one from an independent body shop (say $6000). Both are above the value that I would have been able to sell the car for before the accident ($4000). What value do I sue for? What about if I sell the car unrepaired for $1500 before the lawsuit is completed?

Also, if I lose the case, is there a chance the verdict might cause my own insurance company to change their mind and decide that I am at fault?
December 16th, 2011 at 7:42 pm #Jason

Lester,
You can present the cost of the reasonable repairs to the court as well as the value of the car in the market before the damage to the car. The cost of the repairs will dictate that it should be totaled. That means the responsible party should pay for the total value of the car ($4000). If you are successful with your small claims, that will be the amount you would likely be awarded. Now, remember, you will have to face the other driver’s insurance attorney or attorney’s so be prepared for that. You will have to show that the other driver was responsible for your loss, that he caused a certain amount of damage to your vehicle ($4000) and that you did not contribute to the loss your car incurred.

If you lose, there is likely little if no reason your insurance company would change their mind on your fault level. That should be the least of your worries.

If you want more specific or detailed information, e-mail to complete.insurancehelp@gmail.com We will provide assistance if we can. Do you have an accident report your can submit? We will provide information and if we don’t see success in your efforts to pursue this, we will be straight forward and honest with that.
December 20th, 2011 at 4:13 pm #Dorian

What happens to my auto insurance if I am at fault for an auto accident and the other party claims injury? The pain is worse 2day than any day after the accident.
December 20th, 2011 at 4:21 pm #Jason

Dorian,
Your insurance is for the property damage you do to other people’s property. It is also there for injury you do to others. Your insurance company will attempt to settle that injury claim with that other person.
December 20th, 2011 at 5:18 pm #ian

My employer makes me park about a block down in a church parking lot, while i was in the store working it was vandalized with a BB gun, this happened in massachusetts. Is my employer liable?
December 20th, 2011 at 5:42 pm #Jason

Ian,
The thing is that the car could have been vandalized in that parking lot or at any point closer to your place of employment.

The person that is liable for the vandalism to your car is the person that vandalized it. If he was caught, you couldn’t seek reimbursement from his insurance company because his intentions were expected, intended, and illegal and the damage would be excluded.
December 23rd, 2011 at 9:40 am #GERARD

IF MY CAR INSURANCE SAYS I AM AT FAULT WHEN I KNOW I WAS CLEARLY NOT AND THE POLICE REPORT BACKS MY CLAIM WHAT IF ANYTHING CAN I DO.
December 23rd, 2011 at 9:48 am #Jason

Gerard,
If you were clearly not at fault, there should not be any discussion about your level of fault at all. Fault is not clear-cut. Fault can be 49%, or any range to 100%. The police report is not the instrument that determines fault. The police report gathers information and confirms an accident occurred. If your insurance company indicates you are at fault, then it is very likely you are.
December 23rd, 2011 at 10:07 am #GERARD

Jason I was in shock when they said I was at fault and the were accepting 100% liability. The thing about it was I was there and I know that I wasnt at fault. Its a really bad situation for me.
December 23rd, 2011 at 10:19 am #Jason

Gerard,
We don’t know anything about he details of the accident. This is pretty clear-cut if they’re accepting 100% liability instead of 80% or 90% or something like that. They deal with liability on a daily basis so I would defer to their decision.
December 25th, 2011 at 8:27 am #Bob

I accidentally kicked a dent in the side of my friends car, will I be covered under my insurance if they make me pay for the damages?
December 25th, 2011 at 11:03 am #Jason

Bob,
You can’t accidently kick a dent into something. There likely was an intent to kick/cause damage and insurance doesn’t pay for intentional damage.

Your home owner’s may be the liability insurance to view this but it’s unlikely they would cover for any damage that occurred.

Your car’s liability insurance is for damage you cause to others or their property because of the operation or use of your insured vehicle.

You should be offering to pay for the damage no matter what.
December 25th, 2011 at 5:29 pm #gene

I have a quick question. I have full coverage business insurance, aka commercial insurance on one of my work trucks. On one of the jobs that i went to I hit the oil pan on an object and knocked a hole , well it caused my motor to blow, (crankshaft). Do insurance policies such as mine consider this a claim?
December 25th, 2011 at 6:32 pm #Jason

Gene,
You do have a claim but you have to understand there are two separate and distinct events that occurred.

The first event is that you hit an object and you damaged your oil pan.

The second event is that you ran your engine without sufficient oil pressure and the engine was damaged due to oil starvation.

The event that your insurance will cover is the first event. The second event – they won’t.

However, I’ve encountered claims of this nature where the insurance company has erroneously paid for the damage to the engine. So, it may be worth it to make a claim.

If the crank shaft was damage at the same time of the initial damage to the oil pan and the events were not separate and distinct, then they should pay for the engine damage.

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December 26th, 2011 at 11:26 pm #Aly Budhwani

hey!

my car was hit in my schools parking lot a month ago.

it was a hit and run case and i do not know who did it. i have a paid parking spot at the school which i pay 40 bucks for every quarter. is the school liable for the damage? it seems kind of unfair that i had to pay 40 dollars for a spot and then get hit. my insurance cant take care of it either because i have a 1000 dollar deductible and the damage was around 600 dollars.

thanks!
December 27th, 2011 at 9:12 am #Jason

Aly,
If the parking spot caused your damage, then the school would be liable. The car is parked in that spot every day and the lot has not caused it any damage, right? If the school did something that caused the damage to your car, then they would be liable. Providing a parking spot just isn’t enough.

Then along comes another unknown car that causes damage to your car. This other car could have damaged your car regardless of where it was parked and the liability belongs to the driver of the other car that hit your car. It has nothing to do with where you were parked.
December 29th, 2011 at 6:38 am #Karmelo

My 16 year old grandson was driving my car and is not on my policy but is licensed and had my permission to use my car. He was a hit and run victim and being inexperienced he did not make a olice report but drove home and told me what happened. Will my insurance company pay my damages? I have been accident free for 5 years.

Thank you very kindly
December 29th, 2011 at 7:50 am #Jason

Karmelo,
You have to understand that not only is the other person that was involved a “hit and run” driver but this “hit and run” label also applies to your son. Both drivers hit and ran because both left he scene of the accident and no police report was filed.

It doesn’t matter if you are accident free for 5 years or 50 years. That has nothing to do with a hit and run incident.

Your concern should be about the hit and run accident and its severity. Although your son indicates the other driver left the scene, that doesn’t necessarily mean that is what happened – that is just what he told you. The details about this accident could range from simple body panel damage to a fatality which would be vehicular manslaughter.

Your son is the only one that knows exactly what happened and nobody, including you, knows for sure all the details of this accident. Hopefully for both him and you, it is minor.

The more recent automobile policies have clauses that concern undeclared drivers that affect your insurance. We don’t know what kind of policy you have. We don’t know if your insurance company will pay for the damage but dealing with an accident appropriately is something your son needs to know before he drives any vehicle.

Another thing you have to do is make sure your insurance company is aware of all drivers so you are properly insured when accidents occur. Also, be prepared for your premium to be adjusted to account not only for a 16 year old driver, but a 16 year old driver that has a hit and run incident as part of his driving record.
December 29th, 2011 at 6:20 pm #John

Do you all think its worth asking for Diminished Value on a 2000 Mustang 145k miles. Accident not my fault, I paid for repairs, 5 months later somehow the lady did have insurance and they reimbursed me $3300. I got in t he accident back March 2011 and got reimbursed around June 2011.

My Mustang have 145k miles at the time and a 200 ford mustang. Will I able to collect and will it be worth it since my car is old?

Thanks
December 29th, 2011 at 9:29 pm #Jason

John,
We am not a believer in the concept of diminished value. If you want to go though the process of proving this concept, and you are successful, then you may be compensated for the diminished value you endured. However, you might not. We have no advice for you.
December 30th, 2011 at 12:22 pm #Lee

I have (had) a car that was covered under liability only. My grown son has insurance on his own car that covered liability and comprehensive. My grown son came in from out of town and borrowed my car that had liability only, wrecked it and the car was totaled. The crash was his fault. My insurance is covering the damage to the other vehicle. We were initially under the impression that his insurance would cover the car of mine that he wrecked (similar to if he was driving a rental car). The new claim adjustor is leading us to believe that might not be the case. His insurance is through Geico if that makes any difference.

Any insight on to what we can expect?
December 30th, 2011 at 5:10 pm #Jason

Lee,
Absolutely no coverage from anywhere. The adjuster should not be leading you to believe that might not be the case; he should be telling you directly that your insurance and that or your son’s will not be paying for the total loss to this car.
December 30th, 2011 at 6:11 pm #Sarah

Hello is there anyone who can give me incite on this issue…

I was in a car accident on the 28th of August, I was driving down the road when a person pulled in front of me, and I hit her on the side of her car. My car is completely Damaged the frame of the car is bent and my air bags deployed. I had the car towed to a tow yard and had to use a rental. The insurance company said it would take them 30 days to get the police report, so I went and purchased the police report and faxed it to them. The accident report states that it isn’t my fault. But they sure are making it feel otherwise. The insurance company said I have to pay for the storage in the tow yard witch is 35 dollars a day and because it has been a month of no new information (the person that I hit is not contacting their insurance company) they have now put a lien on the car. I already had to pay for a rental for 12 days out of pocket. I could barley pay for that let alone the tow yard. I always thought it was the insurances responsibility. I was told I have collision coverage when the accident happened now all of the sudden I have been told I never had it to begin with. I even got a hold of the other person’s insurance company and all they could tell me was they can tell me anything until they get a hold of the person that caused the accident. I don’t have a car now to get to work I have been getting rides from friends and my employer just so that I can get to work. I was told that my insurance company will not pay for a cent because it was the other persons fault and they can’t do anything until they get a hold of the person that caused the accident. Is there anyone that could offer me a little help on this matter, I am at a loss on what to do now.

Thank you for your time,

Sarah
December 30th, 2011 at 6:14 pm #Sarah

I too have Gieco and the other person that caused the accident has State Farm Does that make a diffrence in my issues?

Thanks for the help,

Sarrah
December 30th, 2011 at 9:09 pm #Lee

Thanks Jason. An update however is that this part of his policy appears to have saved us:

5. Non-owned auto means a private passenger auto, utility auto, or trailer not owned by or furnished for the regular
use of either you or a relative, other than a temporary substitute auto. An auto rented or leased for more than 30

8. Relative means a person who continuously lives in your household and is related by blood, marriage, or adoption

My son is grown and does not live with me so that may have been our saving point.

Although now we have to haggle the cost of the replacement vehicle. Any insight on that?
December 30th, 2011 at 9:17 pm #Jason

Sarah,
You are completely responsible for your car. I cannot reasonably believe that you don’t believe you are responsible for your car and the expenses incurred by it. If your car has incurred $35 a day for 4 months, that lien against your car is over $4000. No matter the value of your car, your inaction has really cost you a lot of money.

Now that you have over $4000 in charges against your car, anything the other company, if there is one, pays your for your damages will really not matter because they won’t pay for this excessive storage on your car. They might pay up to 2 weeks but even that is a lot of time to have your car in storage. Oh, they might pay for your towing too but that is not that much.

You have to take a proactive approach when it comes to accidents and claims you may have. We don’t know if the other person has insurance. We cannot provide you with any information.
December 30th, 2011 at 9:46 pm #Jason

Lee,
You indicated you don’t have physical damage coverage, just liability. Your son’s physical damage coverage is for his car only. There is nothing in your or his policy that is going to pay for the damage to your car. Your car is self insured and that means you cover the damage that occurs to the car.

If you are taking that out of your insure’s policy, that is telling you that they will cover the liability of your son for damage he causes to property of others by use of a motor vehicle. He has no liability to you because he is a permissive user of your vehicle and because of that and the simple principle that accidents are encompassed with and in the permissive use of vehicles, his policy doesn’t insure your car for you, it only protects him from claims of liability.

You don’t have a liability claim because you gave him permission to use your vehicle and part of that permission is damaging it because that sometimes happens when vehicles are used. Only you can insured your car for it’s physical damage by having collision coverage. You didn’t, so don’t get your hopes up that you will be compensated for your car’s damage because you won’t be.
December 30th, 2011 at 10:03 pm #Lee

Thanks again Jason although I am sincerely hoping you are wrong!

Geico at this point has said orally that they will be issuing me a check for the replacement value of the vehicle. Let’s hope they do that before they get on this forum!

But in case you are right, how is this situation different than rental car coverage that an insurance policy has? My policy is written that if I damage a rental car that I am driving, they will pay for the cost of repairing or replacing the rental. My son’s has similar wording.
December 31st, 2011 at 6:45 am #Jason

Lee,
I could be wrong. I will research this one my end to determine that. I hope I am wrong too.

Let’s go with the premise that I am incorrect. You wanted to know how to increase the settlement offer. Well, I just posted something referring to the CCC valuation report in a different segment of this forum that they likely ran for valuation purposes for your vehicle’s valuation. They can mark the condition of your car as excellent, good, fair, poor, etc. and you want to make sure their rating of your car is as high as possible because there is a very large valuation difference between these rankings. Get the valuation report from them. If you want to share it with us for a review, we will be happy to look at it. Our address is at the upper right of this page in orange letters.

Accept our sincere apologies for the incorrect information. We will confirm how that works with non-owned liability and if that is supposed to apply to the actual car being driven. Thanks for bringing up the comparison to a rental car. Keep up updated of your claim’s outcome.

We will specifically place a dedicated post in here addressing that for future reference no matter what our findings are, and refer to your specific post #s.
December 31st, 2011 at 6:56 am #Jason

In reference to posts number 558 and 561. Lee is absolutely correct about the settlement procedures about a non-owned car and the permissive driver being responsible for it. It is a liability situation in which driver’s insurance pays for the damage to the vehicle (just like in a rental car situation) to protect their insured. The driver’s policy would even provide a “loss of use” allowance for this too. (Lee, you may want to make a request for this too since the vehicle was not available for your normal use since it’s been totaled.)

A policy kind of protects a “family unit” and it removes coverage for uninsured vehicles in the same household (for reasons to include maximizing premiums collected and reducing coverage) but if the related or unrelated driver doesn’t live in the household associated with the damaged car, the driver’s insurance company covers the damage to protect the interests of the “driver’s family” which is a separate household from that of the vehicle owner’s household.

Insurance is complicated and most people don’t have the energy, time, and background to become proficient with it. That brings you to rely on the information we provide. We apologize for the incorrect information we delivered concerning this question.
January 1st, 2012 at 6:12 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.
January 1st, 2012 at 7:41 pm #Jason

David,
It would be great if you would not keep posting this same post. We monitor this site so we can provide timely answers to people that need insurance information. We don’t have specific information for you today and we didn’t have it the other times your posted. That is why you have an attorney to be providing you with guidelines at what dollar range, and when, your case should be settled.

I would be happy to do the leg-work for you concerning at what range you can expect your claim to settle. However, I would request compensation for that research and it would be comparative to what your attorney would charge because it is the information he should be providing to you, his client. I would not suggest this because you would be paying twice for the same exact information.
January 2nd, 2012 at 11:32 am #Anna

Hello,

I had my car stolen (2000 jeep cherokee) and recovered 2 weeks later. It was basically used by thief(es) as joy ride until the car ran out of gas. There was about $2400 in repair cost ( new door cylinder, new steerling column, painting of the doors to be done). My husband went to pickup the car and besides terrible painting job which they are to fix, new issues came up. The mirror when recovered was cracked, which insurance denied replacing. The brake light is on, had to pay $50 for inspecting them to be told that it’s normal wear and tear as the break cylinder is leaking. Also the car is leaning towards one side, which also was told it’s normal wear and tear. This is not how the car was before it was stolen and the collision shop is basically telling me that insurance won’t approve these repairs. Help!
January 2nd, 2012 at 11:45 am #Jason

Anna,
The people who stole the vehicle put on up to 3500 miles, depending on how much gas was in the tank when taken. This isn’t very much time to cause it to lean to one side. This condition is likely one that developed over time and is not just based on the last 350 or so miles of use. Brake cylinders fail over time, and a leak is a good indication that it’s due to wear and tear. Also, if there is a broken mirror and no indication how it became broken from the theft, then it should not be covered. You have a 12 year old vehicle and you cannot assign every problem it has to being stolen and driven for up to 350 miles.

Just replace the mirror, fix your leaking brake cylinder, and the springs or shocks all the way around if you want the leaning issue to be fixed. Not everything that goes wrong with a 12 year old vehicle can, or should, be blamed on it’s unauthorized use. Also, brake lights that come on the dash is a maintenance issue, not something that happens due to being stolen. The fee to diagnose the brake light is not what insurance is for.
January 2nd, 2012 at 12:06 pm #Anna

Jason,

Thanks for your input. I understand it’s an older car, but I find it to be extremely odd that within the time frame it was stolen, all these problems came up at the same time and they are considered normal wear and tear. All I want is my car back to the state it was before, and this is not how it was.
January 2nd, 2012 at 3:23 pm #Jason

Anna,
This is an point in time that requires you to focus on your jeep and figure out what is not right with it. Of course these things are going to stand out now because you are focusing on your jeep right now. You didn’t focus on the jeep for a long time because there was never any reason to. You used it as a mode of transportation and when it got your from point A to point B, there was never any extra thought put into it.

Sure, there are some things that thieves can do to the vehicle to cause damage such as scratches, dents, and things that are sudden and look fresh. It isn’t even logical to blame wear items on a theft because it takes a long time to wear things such as suspension and seals or bearings that are leaking oil. Sure, if the presence of oil is new, then it may be due to the theft but if there is oil residual all over the area, then there is no correlation between that and the limited amount of miles and time it was out of your possession.
January 2nd, 2012 at 5:47 pm #Lee

Hi Jason,

In reference to posts 563 (and other posts by me), we will hear the first offer from the insurance company tomorrow. I do believe that we will at least get something from the accident.

I do think it is important that people read their policy and don’t accept the first ‘no’ answer from the insurance company.

Thanks for the loss of use clause tip. I will check into that before we accept a figure. Thank you also for all of the information on this website, I feel better equipped to first know that I don’t have to immediately accept what they say and second, things I can research before hand to know if their offer is reasonable or not. This site has great information!
January 4th, 2012 at 3:29 pm #Jonas

My wife and two children were recently hit in an intersection collision. The driver ran a red light. Our car is a 2009 Honda Pilot, the airbags deployed, everyone is okay, but the car is mangled. This was on Thursday, by Monday AllState insurance offered us a settlement of $32,000, as the agent told us just the deployment of the airbags in that vehicle were too costly to fix. This morning I received a phone call from another adjuster saying the car COULD be fixed and which body shop I would like to tow it to.

The assessed damage was $16K with about $4K to work with and that is before the vehicle has had a tear down at the body shop. Our claims agent admitted that he should not have made the initial settlement offer and that this could get escalated to his management team.

For piece of mind, my wife is now scared to get back into the car, even with damage repaired as we would never buy a car that had been in that serious of a crash.

Do I have any options here?

Thanks
January 4th, 2012 at 3:57 pm #Jason

Jonas,
You have insurance to repair your vehicle. Nobody wants to be in an accident but when they are, vehicles are commonly subject to repairs. Yes, airbags are expensive items to replace in a vehicle but it can be done similar to replacing wheel bearings or an air conditioning condenser.

There is an assumption that all damage to the vehicle will be repaired to manufacturer’s specifications. What that means is the vehicle will be rebuilt manually rather than being built on an assembly line.

The contract you have with your insurance company is to repair or replace your vehicle in the event of an accident. That choice is for the insurance company to make. You have the option of which repair facility you want to repair your vehicle. Forget about the initial settlement offer because that option has been rescinded.
January 5th, 2012 at 8:39 am #Clauida

Hello,

I need some advise. I was at a stop light when the person in front of me reversed and hit me. I saw his reverse light go on and I honked but he still hit me. He dented my front of the car. When I got out to see the damage his car wasn’t damaged because he hit me with the hitch and the tire in the back of his SUV. At the time he told me it was a minor dent and very easy to fix. He gave me is liecense, which I wrote his ID number and I asked for his insurance and he didn’t show it to me he just said it was USAA. He gave me his buisness card so that I can call him for him to give me his insurance information. I wrote down his license plate number. Well this whole time that I was doing that I was shaking and I think he saw that. I called my insurance and filled a claim. My agent said that when he called him he denied he damaged my car or that he hit me. She asked why I got all his information and he didn’t get any of mine. He said that his car was not damaged. I am so upset because I have to pay the deductible and now I can’t sleep because I feel he took advantage of me being nervous from the hit. Please advise.

-Claudia
January 5th, 2012 at 9:19 am #Jason

Clauida,
Yes, as far what happened is what he says happened. It’s your word against his. If you want to protect yourself, call the police and have the accident documented. This was not documented and because it was not, it basically didn’t happen.
January 5th, 2012 at 9:51 am #Woody

Did a small scratch on a parked car in parking lot.
I told the other party I wanted to pay cash for it instead of going through insurance.
The other party came back to me with a bogus full car alignment need for lots extra $$.
We came to an impasse.
The other party then called my insurance company with the Claim.
I was expecting my insurance company to do nothing with the claim until contacting me to validate it.
Apparently my insurance company started the claim process without any notification to me or approval and told me at the same time this could affect my rates.
It would seem to me that the insurance company, as my agent, could not do this without my approval. I would have preferred the other party take me to small claims court before I have my insurance company gets involved.

Am I off base on this?
January 5th, 2012 at 10:13 am #Jason

Woody,
No, you are not off base. What you would want to happens seems reasonable. However, the contract you have with you insurance company indicates the insurance company can do anything it wants to do to settle a claim that has been presented against you.

A claim has been presented against you and they are doing what they want to do to settle it. You have already given them permission to settle it the way they see fit because that is what the terms of your policy say. As your agent, you have already given them your approval.

This could affect your rates but it is not certain to.
January 7th, 2012 at 4:25 am #Steve

I own a 2002 Honda Accord 4 door. I was on my way to my dental office for an apt in the left hand lane. In order to get to my dental office I have to turn left in the left hand turn lane at the next light. Before reaching that left hand turn lane, a driver attempted to turn into the left hand lane where I was, and struck the passenger side of my car. I filed a claim with his insurance company. He has not responded back to their phone calls. They will not accept being at fault yet. He tried to take off after first pulling over, but I was able to catch him at the next light and get his information. I have photos the damage to my car and the damage on his van where he struck me. I will have photos of the road and documentation from the dental office confirming appt. Can I sue him and insurance company in small claims court. My insurance company will pay for the car if necessary, but I would prefer not to go through them.
January 7th, 2012 at 6:43 am #Jason

Steve,
It sounds like you want to sue someone. You can do it in this case. If you provide a little more time, his insurance company may step up and pay for the damages.
January 7th, 2012 at 11:06 am #Steve

I am not necessarily looking to sue him. I just want both him and the insurance company to accept fault. I was in the left hand lane doing the speed limit when he continued to pull into my lane, even after continually honking the horn to alert him. After hitting me, he pulled into service road, and then stopped. When I got out of the car, he took off. I was able to catch him at the next light and make him pull over. I have photos of the damage to my car and his where he clearly struck my car. He will not respond to their phone calls.
January 7th, 2012 at 2:24 pm #justin

I have ins through state farm and i just recieved a letter in the mail from them
Stating that they received my payment but they have not reinstated my ins coverage
And that they wont be reinstating it until the 15th due to the financial institution with
another payment of 115.00.can this really be happening? Does this mean im not covered? They accept my payment on the 3rd.
January 7th, 2012 at 10:53 pm #Jason

Steve,
Then don’t sue him. Be patient and let the claim unfold. If your company pays the damage, they will ask the other driver’s insurance to pay them the full amount of the damage. In their attempts to collect for the other driver’s damage, they will also be trying to get your deductible back to you. Let them do the time consuming and troublesome activities so you don’t have to.
January 7th, 2012 at 10:59 pm #Jason

Justin,
Yes, if you have a period of time in which you did not have a policy in force, you are uninsured.

Purchasing insurance is a business transaction. You pay for the coverage and you get the coverage you pay for. There are rules in place if you pay late. The insurance company can either reinstate your insurance as continuous coverage or with a lapse in coverage depending on when you make the payment. The payment date should be apparent in the renewal notice. Just pay within the time limits provided and you won’t have lapses in your insurance.
January 10th, 2012 at 2:53 pm #Trish

I tried to reopen my uninsured motorist claim since I only received $3,000 in 2009 and it barely covered any of my medicals and nothing else. I was informed by Geico that since my attorney signed off on the final settlement
check and someone in his office signed my signature (he used his power of attorney in the retainer to get around not having me personally sign it)
am I barred from reopening the claim since the statement on the front of the check is “Uninsured Motorist Coverage, full and final settlement of all claims known and unknown.” with my name typed below. Geico said I will have to sue my attorney for malpractice if I want to pursue this; the adjuster refused to reopen the claim. I read on your site that it is illegal in California to put a statement of full and final settlement on the back of the check…..do I have a case against Geico?
January 10th, 2012 at 5:55 pm #Jason

Trish,
At least 2 years have passed now you want to re-open a claim that was technically settled already.

You gave your attorney the POA to do whatever he wanted for your benefit and that is what he did. In addition to that check, there also might even be a signed release that your attorney signed for you.

If not, there is probably a letter indicating that the proceeds were meant as a full and final settlement of your claim. There is going to be a paper trail that supports this claim is settled and there is no reason to open it now. The question will be raised of why did you accept this offer 3 years ago if you didn’t agree with it.

Geico has a point. You would have to sue your attorney. If that result was a win for you, then it might allow you to open your closed claim and you might get offered a little more. However, if you think about the time and expense you would spend to reach that end, you will come to the conclusion it’s not worth it. And that is the best case scenario.

The worst case if that you spend all this time and money and you end up with absolutely nothing as a result.

So, to get to your question – Do you have a case against Geico? No, that case was settled in 2009. You might have a case against your attorney but a very, very weak one at that.
January 10th, 2012 at 7:17 pm #Bethany

I was driving down the road and hit a rock in my car it busted the oil pan.The oil-light did not come. i drove it a ways and didn’t know it the moter blown up . Will the Insurance company pay for the damage because it was road hazard.i have full coverage on the car.
January 11th, 2012 at 1:08 am #pattycakes

Last night I was grabbing my cell phone to puty it in my pocket before I tuirned into my driveway when it fell on the floor under my brake pedal. i tried continously to move it with my foot and that did not work, so I reached down and grabbed the phone, but looked up and I hit a tree and bounced off onto it’s side. Even though I was not talking on my cell or texting, will still be covered?? and is it covered under collision or comprehensive?? I am just worried they will attempt to say that I was trying to use my cell and then the crash occurred, which is not the fact at all, I have never called without using bluetooth device and i have never texted while driving…I was just to make sure my vehicle will be covered, which they can look at my records and see if I was talking or texting before the crash which is fine because I ahve no worries about that..Do I need to worry that this will be a denied claim??
January 11th, 2012 at 4:21 pm #Jason

Bethany,
The impact with the rock on the roadway causing the damage to the oil pan would be covered as collision.

The secondary and separate damage due to the engine’s oil starvation is related to the broken oil pan but not related enough to be collision damage and isn’t covered.

You may want to get your oil light fixed if it didn’t come on. That light gets checked every time you turn the ignition on. If you want to insist the oil light didn’t come on, and it’s nothing personal but I don’t believe that and neither will the adjuster.
January 11th, 2012 at 4:31 pm #Jason

Pattycakes,
You were grabbing your cell phone and putting it into your pocket. That is considered using your cell phone. There are no cell phone exclusions for damage such as this. If you are so concerned about talking on the cell phone or texting, you should put the cell phone in your trunk before each trip so it’s not near you. Even grabbing for the item can cause accidents.

I talk on the cell phone in my car and I even text. I don’t believe there is anyone that doesn’t do that. Just learn from this experience and be a safer driver.

It would be considered collision and there is no reason to believe it would not be covered.
January 12th, 2012 at 6:07 am #Rachael

I was recently notified that I have unclaimed funds in TX. While this is a legitimate claim, it turns out to be a car insurance check that I never cashed. It was sent to me about 5 years ago after I had a minor accident. However, before I was able to get the repairs done, I had another accident involving another vehicle so I was promptly dropped. Within a couple of months my car was repossessed and sold at auction. I am aware that I still currently owe @ 7000 towards that car per my credit report. Now, is this check still owed to me? The claim form clearly states that I am the “property owner” and GMAC is the “additional owner.” I am hesitant to file the claim and am curious that these funds are listed as unclaimed property. Should I go after this money? and if I do, wont it also be endorsed to GMAC?
January 12th, 2012 at 12:49 pm #buddy sanders

Hello,
While changing the fuel filters on my car, it caught fire and was a total loss. I have comp. insurance. The claims office told me that a fire may not be covered due to worn out parts or something to like that. I was wondering if I am covered? Thanks.
January 12th, 2012 at 2:23 pm #Tina Williams

I had backed into a car that was parked in the red zone. When I got out and looked at the damage, I contacted the owner and told him. He said that he would not have noticed except for the tail light. I told him I did not hit the tail light it was already like that. He said yeah you are right and wanted to settle with out reporting it to the insureance. I did not have money to settle so we filed with our insurenace companies.

When I called mine and told them what happened that I felt he would scam the system they said they will note it. I also told them I did not do all the damage.

Well it seems my insurance company ended up paying for all the damages including what I told them there was previous damage. Now my insurance has gone from 70 to 180 a month.

Ok I know I hit the car and I am at fault. But not for 1700.oo worth, especailly when there was damage before and the fact he was parked in the red.

What else can I do to fight this. The guy lied on what damages I caused.

Tina
January 12th, 2012 at 3:54 pm #Clyde

I have “full” coverage plus comprehensive insurance through American Family Insurance. A couple months ago i down shifted into to low of a gear and overreved the engine, which bent the exhaust valves and did much more damage due to excessive heat. Bottom line, dealer i brought my car to says i need a new motor. Should my insurance cover this? Thanks in advance for any feedback.
January 12th, 2012 at 4:50 pm #Jason

Rachel,
Claim the funds. If GMAC is on the check, they they have the right to be paid the entire check. Yes, they do need to endorse it and when they do, they will just keep the check proceeds. Your other choice is just to leave it unclaimed.
January 12th, 2012 at 5:28 pm #Jason

buddy,
Worn parts on a car have nothing to do with coverage. If you have comprehensive coverage, the fire was accidental, and the car was damaged, this should be a covered loss and brand new parts or worn parts have nothing to do with coverage.
January 12th, 2012 at 6:03 pm #Jason

Tina,
It doesn’t matter if his car was in the red zone or any zone for that matter. You hit his car and did damage. If your rates increased that much, you need to shop around for insurance. There are many different companies out there and you need to find on that isn’t so much.

As far as what damage you caused and how much your insurance paid, there is nothing you can do about it.
January 12th, 2012 at 6:04 pm #Jason

Clyde,
No, the damage you described isn’t covered by insurance.
January 13th, 2012 at 5:04 am #Rachael

thanks for the advice…. I will file the claim, endorse it and send it to GMAC. At least it will bring down my debt a little.
January 13th, 2012 at 12:38 pm #Richard

FARMERS INSURANCE ISSUE –

Hello! Someone backed up into me in a parking lot… I’ve gotten several estimates that are all around 2500$ for damages/body work. Now farmers suddenly tells me there sending me a check for 1300$ when I asked if I could just get the money saying they have “special prices” with the auto repairs…

Is it not my right to cash out at a fair price of the actual value of damages, and not some random amount they make up? I’d love to fix the car, but more importantly I have some urgent bills and such I’d rather take care of at this time – are they legally aloud to short change you for this?

Many Thanks in Advance!
January 13th, 2012 at 1:26 pm #Jason

Richard,
Backing accidents are generally not severe and don’t cause a lot of damage so when you say “backing accident” and $2500, that doesn’t make sense. If you would say “backing accident and $1500, that does make sense.

And when you indicate you want to cash out and not repair, it paints an even clearer picture that the damage is not that significant. If the work can be repaired for $1300, then the work can be repaired for $1300.

Let’s just look at it in a different light. All you should be concerned about is that the repairs get done to your car that were caused. If it cost $200 or $20,000 to fix you car, you should not care at all. The bottom line is that your car is being fixed and the actual cost of the repair is meaningless.

The $1300 is a fair price of the actual value of damage and that is confirmed because a body shop has agreed to repair the damage for that amount.

If you don’t want to repair the vehicle, then you don’t have to. You can have your car fixed for that amount of money or you can pay bills with it.
January 14th, 2012 at 2:24 pm #Bonnie

Recently, I was in a parking lot going through the aisle of parked cars and a parked car pull out, going very fast and damaged the front end and hood of my car. Police were called but said they could not issue a ticket because the accident occurred on private property. State Farm is now denying the claim. If the accident was on main street, the driver who hit my car would have been issued a ticket. What can I do! I know that people lie, but it just gets my goat that this woman would lie to the insurance company., State Farm. They are saying it’s my word against her’s. HELP ME PLEASE!
January 14th, 2012 at 2:59 pm #Jason

Bonnie,
We don’t know the circumstances of the accident other than what you told us. Everybody needs to drive cautiously in parking lots to avoid accidents. Since there are 2 versions of how this accident happened, simply file it with your insurance company to get the damage fixed. There isn’t anything we can do.
January 15th, 2012 at 11:54 am #Roberto

I recently had a tire blowout on the highway, replaced it with a donut and next day was about to leave for work when I noticed my gas tank was leaking. I ended up towing it and having it repaired by a local shop. The issue I have was initially my insurance said it would be a comprehensive claim with no surcharge. Then the called me back like a week later saying it was now covered under collision and would be considered a surcharge. I suspect the car may have bottomed out or stuck something during the blowout. Should this be covered under comprehensive coverage or no fault coverage?
January 15th, 2012 at 7:08 pm #Jason

Roberto,
Comprehensive covers things like theft, a tree falling on the car, flooding, etc. Collision covers things that involve damage resulting to the car from something hitting it, or the car hitting something else.

If your tire blew, it seems reasonable that you struck something to cause the tire to blow and cause a puncture in the gas tank. We don’t know what happened exactly because we were not driving the car – you were.

I believe you know more about this accident than you posted. Like what object or objects you struck. However, what you struck is not important.

When you strike something to cause a blowout and other damage to the car it is considered collision damage and it is an at fault accident. Since this accident was your fault, it should not be covered under comprehensive. There is no such thing as no fault coverage when it refers to damage to you own vehicle.
January 16th, 2012 at 3:34 pm #JeffJ

I was not at fault in an auto accident and 21st Century declared the vehicle a total loss while USAA (my insurance company) did not. Repairs plus salvage value were a little over $19K and ACV is $21700 (these are Farmers numbers).
Total Loss department could not pay me full ACV due to limits issue on insurer policy. They offered salvaged vehicle plus cash. I did not feel like dealing with a salvaged vehicle (either selling or having it repaired) when I knew USAA would repair it.
USAA repair costs are $13500 and they will subrograte.
There are frame repairs required to the car so I feel I have a claim for diminished value.
Do I not have a claim because Farmer’s declared total loss? My USAA policy does not cover total loss.
January 17th, 2012 at 9:34 am #Jason

Jeff,
It appears that 21st Century has a different evaluation of damage than your insurance company does.

Either you are not telling use something in your post or you missed putting some important details in the post to provide reasonable answers for you.

To state that USAA doesn’t cover for a total loss makes no sense at all. Where did you come up with that statement?

Any amount over $15236 would make this a total loss if the total loss ratio is 70% of a vehicle’s worth. If you have usaa repair this vehicle and they encounter additional damage that they didn’t originally find in their first estimate and the cost of repair exceeds $15,236, then usaa will have no choice but to add “total loss” or “salvage” to your vehicle, even if they repair it fully.

Now, to get to 21st century, I don’t know why you are adding salvage value to the cost of repair to arrive at $19,000. Salvage value is the value of the vehicle in it’s loss condition and in no way should you ever add salvage value and the cost of repair together because those 2 numbers added together are meaningless.

I don’t believe in the concept of diminished value and I won’t even address that part of your post.

And finally, you talked about 21st century, then USAA, and then farmer’s. We have no idea where you came up with farmers because it makes no sense in the context of your post.
January 17th, 2012 at 12:11 pm #JeffJ

Jason, Sorry, I made a mistake when i said USAA would not cover “total loss”…..I meant “diminished value loss” (I was typing fast). 21st Century is part of Farmers so that was not a mistake but i could see how it might confuse you…..the person’s policy is written by 21st Century but Farmer’s Help Point Claim Services handles everything.

There are some flaws in your response so I guess I am not getting an expert response to my situations.

First, 70% total loss ratio means nothing….it’s just one example. Every state is different and some states don’t even have a threshold. Second salvage plus cost of repairs is meaningful to insurance companies and they DO make total loss decisions based on those number along with the ACV number. You can read this anywhere when searching “how insurance companies determine total loss”.

Last, I don’t understand how you cannot “believe” in the concept of diminished value. Take your relatively new car side by side with an identical car but different owner. Yours has been in a major accident with frame damage and repair and has a carfax report indicating so (in case you were to lie about it being in an accident which is not the right thing to do anyway). Who’s car would you buy if offered at the same price? That is diminished value….clear cut.
January 17th, 2012 at 2:26 pm #Jason

Jeff,
When the writer is unable to explain their post in a coherent and meaningful way, it makes the reader misconstrue what you are talking about. It has nothing to do with the reader – it’s the failure of the writer to communicate effectively. So if you want people to understand you, write it so it can be understood by all.

No, there are no flaws with my response. You are getting an expert response. Let me make it clear though. I don’t get paid for the information I present so you are not getting a professional response because what I am posting to you costs about $200/hour less than an attorney would provide for the same information.

Again, salvage plus cost tied together with the cost to repair is an incorrect way to make a decision about what to do with a damaged vehicle. Insurance companies still use it but it is fundamentally wrong no matter what angle it’s looked at.

It is not required for you to understand how or why I don’t believe in diminished value but I don’t. Diminished value is based on a feeling, perception, or illusion that a car that was in an accident is not valued a much as a vehicle that was not in an accident. What people should instead focus on is inferior, inadequate, or improper repairing a car rather than diminished value.

If we believed in diminished value, we would also have to believe that a car that was produced in a factory on a monday or friday of a work week would have diminished value over a car produced on a Tuesday, Wednesday, or Thursday of the same week. Since I’m sure you don’t believe in that unrealistic concept, I find it odd that you would believe in something along the same lines concerning a car that has been rebuilt in a body shop to manufacturer’s conditions just like every car that was built on an assembly line.

Cars are construction of thousands of parts so every damaged part can be removed and replaced with parts that are the same as those that are assembled and used on an assembly line. There are errors on assembly lines just like there could be errors in the reparation of a car in a body shop. To rely on your assumption that repaired cars are diminished in value, then you should apply that rational to a certain percentage of all cars that are built on an assembly line. Some of the states that recognize diminished value are VA, OR, NY, NM, MD, IA, GA, FL, CO, and AZ. Good luck trying to present your case of diminished value in those states because the cost and effort to prove that fictitious condition is going to be much more than the alleged diminished value of the car.
January 17th, 2012 at 8:03 pm #charlie

how are you doing my car was recently stolen from my house and i had alot of aftermarket parts on my car wich i know i will loose out on but i have a hardtop that i paid for on my car and it is oem from honda and the claim adjuster is saying that she dosent think they will be able to pay for the hardtop because it wasnt on the vin when the car was made when i have the receipts for everyhting. my car with all the parts is worth around 15 thousand and the kbb stock is 9500 should i possibly sue my insurence company if they dont want to pay for the hardtop that cost me almost 3 thousand dollars? thanks id really like to know what i should do
January 18th, 2012 at 9:06 am #Jason

Charlie,
The insurance company pays for the damage to you car. It doesn’t matter if the hardtop, tires, replaced windshield, hitch/towing package, etc. are on the list of items on the vehicle when it was made. To rely on that criteria is rather weak and she is making up her own rules as she adjusts the car with you. Ask for another adjuster or claims manager to settle your claim with you citing your inability to work with your current adjuster.

Hopefully you don’t have to sue to get what you deserve when it comes to the settlement of your vehicle but if you have to, that is what you will have to do.
January 18th, 2012 at 10:12 am #Charlie

I really dont understand what that means but the kbb on my car is 9500 stock no hardtop or any parts and i paid almost 3 grand for the hardtop so if they dot cover the hardtop should i sue? My car was mint condition and i have pictures and receipts of everything my goal is to get back 12 grand so the loss is not extreme think this is realistic? And idk if this helps your advice but my car is a 2001 honda s2000 with 118kk miles. Honestly dont know what to do
January 18th, 2012 at 10:59 am #Jason

Charlie,
I looked up your car on nada “dot” com because we trust those values more than we do than the KKK valuations.

Your hardtop on this car is a meaningless investment. If you want a hardtop vehicle, get a vehicle with a hardtop. The number of people that may want a hardtop on this car and would be willing to pay more than $50 for it are you and 3 other people who we would have to search the world for. You will be paid roughly $9500 for this car and that is a fair allowance. Can you sue to get more? Sue you can. You will pay for the filing fee, all the time and effort to do the court thing, you will have your day in court and you will end up with the same amount of $9500 you are offered at this very moment. Take what they are offering and go on with your life.

The $3000 you spent for the hard top is a “sunk cost”. You spent that money and you will never, ever get that money out of it. Look up the term sunk cost if you want to to know more about it. Changing cars from their original condition rarely adds any value and often decreases their value.
January 18th, 2012 at 11:23 am #Charlie

Yea i understand think they would even take any of the parts into consideration if i show them pictees and receipts for. Everything and the hardtop was from the dealer does that change anythig?
January 18th, 2012 at 2:44 pm #Jason

Charlie,
Nope, your hard top add no value to your car’s worth. Sure it cost $3000 but it can be chalked up as a bad purchase.
January 18th, 2012 at 3:38 pm #Richard

Jason,

“Backing accidents are generally not severe and don’t cause a lot of damage so when you say “backing accident” and $2500, that doesn’t make sense. If you would say “backing accident and $1500, that does make sense.

And when you indicate you want to cash out and not repair, it paints an even clearer picture that the damage is not that significant. If the work can be repaired for $1300, then the work can be repaired for $1300. ”

This is absolutely POOR advice. First “Backing Accidents” does relatively nothing to suggest a specific price. You could be backed into by a big rig, or by a small car, at 30mph, or lower speeds… Further, my car is a new Lexus. I assume it will cost the same to repair this as it will a 30 year old pinto? Your statement implies this.

My entire front hood is displaced.. my bumper is hanging off, etc… It does not paint any such picture at all… Only that I have important BILLS which unfortunately require more precendence than luxury at the moment.

Do you always judge so much before “helping” people?
January 18th, 2012 at 8:42 pm #Jason

Richard,
The first 2 paragraphs you posted are dead-on accurate.

Let me explain some examples of backing, physics, and common sense. People who back up , does it slowly and when people slowly back up, any damage they do is relatively minor. You mention a big rig, but I am certain you were were not backed into by a big rig. So don’t pollute the facts. A Lexus will damage the same way other care would damage in a minor backing accident. If you have a bumper and a fender damaged, that is am minor event.

In you case you had a damaged hood and a damage bumper. The proper remedy for tor this is to get these items fixed and stop complaining about them.

I am glad I could help you get you minor fender bender fixed even though you wanted to make a bid deal about it and blame me for your problems.
January 18th, 2012 at 9:08 pm #Charles

You’re right on, Richard.

A BMW backed into my passenger side, and the damage was $3,000.

The BMW was going slow, maybe 2 MPH, and I was going about 8 MPH. The damage was so minor, that I didn’t notice it at first, and even said to the other driver that I didn’t want to report it. But she did. The result was a $3000 check to me.

I had some trouble with her insurance company ( State Farm), and wrote to this site for advice.

I ignored Jason’s advice, and the claim was settled as mentioned above.

What I did was to threaten the company to go to small claims court, and I wrote a letter to the state Insurance Commissioner stating they were delaying settling the claim that their own approved repair facility provided.
January 19th, 2012 at 10:16 am #JeffJ

This will be my last post. This site is a waste of my time. All of my findings were incongruent with Jason’s advice. There are much better blogs and information available……just search your particular problem with the right search words in Google and you’ll find an assortment of actual knowledge out there. Heck, I even talked to a real lawyer for about 8 minutes without a charge and he answered all my questions (and did not agree with Jason’s assertions).
January 19th, 2012 at 1:44 pm #Jason

Yes,
Richard ignored my advise that taking the insurance company to small claims would be a very lengthy process. Oh, wait, he did follow that advise.

The other advice he was going to ignore was the advice of the lady that backed into him causing $3000 in damage. You see, he isn’t every observant unless he has people people recommend things for him to do (such as call the police and report an accident, accept funds to get his car fixed, and not waste months and months in small claims court.

To Richard: You many want to sell your Lexus and buy that pinto so you have some money to pay for your other bills. Driving an expensive car hoping that it gets hit so you can collect insurance money to pay your bills is the wrong approach to life.
January 19th, 2012 at 3:27 pm #Jason

Jeffj,
That is appropriate if you don’t want to post on here. That way there will be more time to address people that have valid concerns about their insurance needs rather than trying to discuss fabricated concepts such as diminished value with you.

This world has turned into a “google” word in which people believe things they find on google because they don’t have the ability or the understanding to take a little time and look up the information the traditional way in reference books, speaking to experts, or paying for that valuable information from other sources.

The one thing I don’t understand is how someone, especially an attorney can disagree with a question. Questions aren’t meant to be agree or disagreed with. I have a feeling your attorney was just agreeing with you so he could get you off the phone as soon as possible so he could so he could get back to earning some money instead of wasting his time with you and your meaningless topics.
January 19th, 2012 at 5:07 pm #CFHGEO

A homeowner is backing out of his garage, forgets to open the garage door and causes a $1000 worth of damage to the door. The Car is undamaged, the homeowner has autoliability and comprehensive insurance but not collision.

The homeowner has “Condo” insurance which covers bodily injury liability, damage to the interior of the house and loss of house contents.

The local HOA has a group homeowners policy that covers structural damage to the exterior of the house, such as roof, paint, walls, fences etc that result from fire or natural disasters.

As the homeowner’s negligence while driving caused the damage to his garage door, an exterior appertenance of his house, to which policy should the homeowner’s claim be directed, (auto, condo or group HOA homeowner’s policy)??

Does it really matter which insurance company gets the claim first given subrogation protocols between companies?

What is the key fact of this case that determines to which company the claim is directed ?
January 22nd, 2012 at 12:44 pm #Kevin

to who this may concern,
i was involved in an accident on 12/11/11 i was in an intersection and the car in front of me stopped short so i stopped really fast to avoid hitting the car and the guy behind me, hit me causing me to hit the cars in front of me. the guy behind me was cited a ticket for failure to control speed. i have been dealing with his insurance ever since the wreck. the adjuster came out and weeks later said that my truck would be salvaged, he offered me 881 dollars including the price of salvage. i told him that was unfair and not reasonable because i looked at the NADA website and its states for a 1988 ford f150 with 280,000 miles on it that i should receive 2500 for low blue book. well i sent them the NADA price and 2 quotes from a dealership and a collision repair shop. the dealer ship quoted 5000.00 and the collision quoted 7000.00 for repairs. i sent that to the adjuster and all he could give me was 1500.00 total for my salvage. i dont believe this is fair at all and would really appreciate advice on this situation
January 22nd, 2012 at 1:28 pm #Jason

Kevin,
Simply turn this into your insurance and you won’t have to deal with any of this. That is only if you valued you truck at $2500 or more, you would have insurance on it, right?

Battling with the adjuster is going to be a wasted effort. Take the money, avoid the frustration, and get a different vehicle.

You didn’t make this very clear but if your dealer is going to give you $1500 for the salvage, buy the salvage for $881 and then sell the truck to the dealer for $1500.
January 22nd, 2012 at 2:15 pm #Kevin

Jason,
sorry for not making it clear but to clarify i have liability insurance on my truck and i have talked to my insurance and they told me to use the guys insurance that hit me. the guys insurance that hit me quoted me 881 (that’s with giving them my salvaged truck) at first then i sent him the quotes from the dealership and collision centers and he quoted me 1500 i believe i should at least receive low blue book of 2500 how do you think i should respond to his offer of 1500
January 22nd, 2012 at 6:05 pm #Ginger

I’m taking someone to small claims court who backed into me then lied to her insurance company. She is counter suing me. Her insurance paid for the repairs on her vehicle. Does she have standing to sue me for those damages after already collecting from her insurance company? It seems like double dipping. I live in California.
Thanks for your help
January 22nd, 2012 at 7:04 pm #Lee

Kevin,

I am not an insurance expert, but recently I had a car that was totaled and an insurance company other than my own was who I had to deal with on the value of the car. If it makes any difference the insurance company was GEICO. We agreed on a figure that was replacement cost of a 97 Camry along with the required NYS taxes and the fees for registration and a new title on the vehicle that will replace the wrecked car. GEICO said they came to the amount by going online in my area and searching for 97 Camry’s and adding the other costs. I thought the settlement was fair and the insurance worked exactly as it should – it replaced the totaled vehicle with a comparable one with no out of pocket expenses to me. Perhaps you should see what similar used cars are worth in your area and present that information to the insurance company you are dealing with.
January 22nd, 2012 at 8:12 pm #Jason

Ginger,
No, she has no right to sue you. She contractually gave away that right to her insurance company.
January 22nd, 2012 at 8:20 pm #Jason

Kevin,
Thanks for the clarification. If he moved from $881 t0 $1500, take the $1500 and move on with life. If you want to be bold, ask for $1800 and say to him that you are really splitting the difference. Actually splitting the difference would be $2000 but psychologically $2000 will seem like to much to budge and he will probably say absolutely no way. Just let him know that $300 is not that much but you will feel much better about your insurance company that they worked with you and that you will be able to say good things about them about being good people and fair with their settlement process.
January 22nd, 2012 at 8:25 pm #Jason

CFHGEO,
Present this claim to the unit’s insurance company. There will be no other insurance companies involved.
January 22nd, 2012 at 9:22 pm #Jason

Lee,
Thanks for sharing your experience. Not all insurance settlements are bad but we hear so much about the bad one and never about the good settlements. Glad to hear about your experience.
January 23rd, 2012 at 2:42 am #Melody

On Friday the 13th. My 2000 Camaro was stolen by a 19 year old friend of my daughters who peeled out of the driveway after taking the keys off of the kitchen table. My daughter woke me up and told me, by the time I got my bearings together the police were already at the house. The car was left on the side of the road and the keys were gone. I thought he had just run out of gas and left the car in a little town about 49 miles away. After the police processed the car I was told I could get it out of the tow in lot on Monday $275.00. I did not have the money until Friday when I got paid to get the car which is now $400.00. I had to go to the Chevrolet Dealership to have new keys made $60.00 because this young man is probably still running around with my keys. My daughter and I showed up with our little gas can but when I got in the car the engine was making all kinds of noise like someone had thrown a wrench into it. I told my daughter to jump in so we could get it out of the tow in lot. We drove it to a friends house right down the road. He says the engine is blown. The car just turned over 100K and has always run fine. I have put around 25,000 miles on the car in the last four years while insured by Shelter. I have collision, comprehensive and uninsured motorist. I am 45 and have never had a claim in my life.
Should my insurance cover any of the repair. As of now my son, daughter and myself are without transportation. I am frantic and worried. Thank you for any help. Sincerely.
January 23rd, 2012 at 2:43 am #Chris

I went to an independent appraiser to have my car that was vandalized looked at, by order of my insurance company. The appraiser said he can “help” me get the claim approved, of course he wanted a little cash on the side. My question, does an independent appraiser have any influence on the approval of a claim ( like giving his opinion of how the accident happened)? Or does his job stop at estimating the cost of damages?
January 23rd, 2012 at 7:38 am #Jason

Melody,
If you have comprehensive coverage on your car, make a claim for the theft and the damage, the cost of make keys, the impound fees, and who you believe stole it and that you or your daughter did give him permission to take it or steal it. You might have to explain the circumstances why he was in your house but just because he is in your house, doesn’t mean he didn’t steal you car.
January 23rd, 2012 at 7:41 am #Jason

Chris,
Get in touch with your insurance company about the conduct and suggestion made my this appraiser. He should not be working with anybody in the insurance industry especially customers.
January 23rd, 2012 at 9:08 pm #Calvin McClinton

I am the title holder of a 97 Blazer that has recently been wrecked and the insurance company wants to total. My wifes sister didnt have a car so we came up with a contract for her so she would be making monthly payment cause she didnt have the money to purchase the vehicle out right. To make a long story short she took out full coverage on the vehicle and I kept the title until the vehicle was paid off. She got in an accident still owes us money and now her insurance company wants to total the vehicle. Who should the insurance company pay off the title holder or the insurance holder.
January 24th, 2012 at 6:41 am #Jason

Calvin,
The policyholder. But look at it in a positive light. With the money she receives, she will be able to pay you.

However, it’s going to get complicated in that the insurance company is going to want the title because it’s totaled so things might get ugly here.
January 24th, 2012 at 3:51 pm #Kay

I was 100% at fault for an accident a month ago (insurance paid out $3500) and had a speeding ticket 4 months ago. Last weekend while getting out of my car in a parking lot the wind caught my door and smacked the car next to me. I waited over an hour for the woman to come out and gave her my business card and told her to call me with estimates. It may cost anywhere from $500 to $2000 (depending on the place) to fix. Should I pay out of pocket or claim it with my insurance? My agent told me I am already going to have my rates raised on my next cycle and advised me to pay out of pocket, but I am told they advise this to benefit themselves… but I feel like I pay for insurance FOR these purposes so I am not sure what to do??
January 24th, 2012 at 3:58 pm #Emily

Hi,

Last week my boyfriend totalled my 97 Honda Accord, BB value about $2300. After it was appraised and everything, we got a check from the insurance company for $6419!! We were shocked, but I deposited the check and it cleared, and I found a new car and took the cash out to put a down payment on it. This was three days ago. However, today the insurance company calls and says that they have valued the car at $2200 and will be sending us a check for that amount very soon. I was so confused that I didn’t even mention the first check. What do I do? I have not yet spent any of the $6419 original check, but can the insurance company legally take it back from me since it was their mistake? Please help!
January 24th, 2012 at 4:36 pm #Jason

Kay,
Submit this through your insurance. Let’s say your premium rates go up $50 for 3 years until it drops off your record) This surcharge generally stay with you for 3 years. That means the extra rates you pay will be ($50 x 6 = $300). (If you want to pay $600 to $2000 instead of $300, then you are the kind of person I would like to conduct all my business with.)

Do you need me to calculate this for you any further? By the way, rates going up $50 is rather high and if that’s the case, look for another insurance company. You should be looking for a new insurance company at least every 3 years.
January 24th, 2012 at 5:10 pm #Kay

Jason,

Thanks for the quick response. My agent told me it would go up $250-$300 per billing cycle (6 months) which means it would be $50 per month (and this is not counting the second accident). If this stayed on my record for 3 years that means I would be paying at least an extra $1800 compared to $400-$2000 out of pocket. I called my friend who is an agent somewhere else and she said the problem is if I try to switch insurances they are going to see my accidents and either not want to carry me or have unreasonably high rates. Looking online however, it says the insurance business is very competitive and you shouldn’t worry that much about your rates going up astronomically… I am just confused at this point…
January 24th, 2012 at 5:13 pm #Jason

Emily,
The situation you had with your insurance company is a contract. They insurance your car for it’s market value and you pay them a premium to do that. You had an accident and they did all the work, effort, and input into coming up with the ACV value of $6419. You did not trick them, entice them, or coerce them into providing you $6419. They did that by their business practice and business methods and sent you a check for their valuation of your car based on their ACV determination methods. You accepted their offer and cashed the check. The check is a legally recognized way to pay a legal debt to you which was $6419. Again, they made an offer for the damage to your vehicle and you accepted their offer.

Insurance companies have different ways of valuing cars and they must have determined your vehicle was in excellent condition, considerably above market value, and taken care of like no other car they’ve seen before. But that is just speculation on our part.

They should not be sending you another check for $2200. They may be attempting to trick you into accepting both checks. Whatever you do, DO NOT SIGN OR DO NOT DEPOSIT the second check. That will validate that they sent you the initial check in error. Simple write a letter to them indicating your claim has already been settled and you are returning the erroneous check in the amount of $2200 because you do not want to be compensated twice for your same loss. If you want to consult with an attorney about this matter, you may do so but you will have to realize that every single effort they did to arrive at their offer for your car was completed by them or their agent and you had no influence in their valuation of your car. Do not give them the opportunity to reevaluate your car to a lower value when you and they both agreed on the $6419 value. If an attorney is telling you you have to send the money back, that attorney is providing you incorrect information. (Send only the $2200 check back)

Please keep us apprised of this by sending a future e-mail to our orange email address found at the top of this page beginning with complete…
January 24th, 2012 at 5:27 pm #Jason

Kay,
Insurance rates vary by significant amounts. I pay $220 for more than adequate insurance every 6 months for 2 vehicles. I shop around and I believe I pay less than 98% of the people in this country. I do not insure with the captive companies such as state farm, farmers, allstate, esurance (which is a division of allstate, american family, etc. There are hundreds and hundreds of insurance companies out there that will provide you will a reasonable rate. There a mutual companies that are out there that provide competitive rates as well. There are so many, many companies that if you search long enough, you won’t be paying so much that you will go broke paying for insurance.

If your agent is telling you your rates will go up $250-$300 per every 6 months, run as fast as you can from that criminal and the criminal insurance company he works for.

Go to my email at the top of the page and tell me what state you live in, what your accidents are in the last 3 years and the same with your violations. Also, tell me if you have had any major violations like vehicular manslaughter or a dui or dui’s in the last 5 years. Also what is your age and what are the ages of the people that drive that live with you. Thank you.
January 26th, 2012 at 5:31 pm #Brenda

Hi,
My car was recently stolen and I’m not sure how to fill out a section of my paperwork.
When I talked to the Insurance adjuster, she asked me when I bought the car and how I paid for it. I told her what I paid, that it was a private party and there were not loans taken out for it. This is all correct.

Now that I’m filling out the paperwork I looked at my car title and it reads that the car was a gift.

I forgot that when I bought my car, I paid for it with a check, but the person I paid for the car did not give me the title until two years later. (It’s a long story. Basically he took my money and didn’t pay off the car to the bank right away.) When I finally got the title from him, he said to consider the car a gift because of all the hassle and marked it as a gift and signed it for me. I didn’t complain because this saved me from paying taxes.

Do you know how they’ll process this form and look into the bill of sale for my car? I’m not sure what to write on the form because what I said in the recorded phone conversation and what my car title says are two different things.

I don’t want this to keep me from getting paid for my car by insurance.

Please help!
Thank you!
January 26th, 2012 at 9:44 pm #Jason

Brenda,
Tell this information to your adjuster. The truth is the best way to get though complicated situations.
January 26th, 2012 at 10:30 pm #james W

Hi my question is, I have an open auto injury claim. The insurance company has offered me 5000 dollars and I don’t believe it is enough. If I hold out will they offer more,or should request the 10,000 that I believe is due to me?
January 27th, 2012 at 6:27 am #Jason

James W,
Why don’t you believe $5000 is enough? Why do you believe $10,000 is due to you? Please explain your rationale.
January 27th, 2012 at 10:09 am #Brenda

Thanks, Jason. I think you’re right. I’ll give her a call.

I also just got a call from the police and they found my car with the key in it.

My boyfrield lost his key to my car about 5 months ago. Can my insurance deny payment for any damages that incured to my car while it was stolen because the people had the key to our car?
January 27th, 2012 at 11:57 am #Jim in FL

I hope that you all can answer a question I am faced with. Last Thursday my mechanic was test driving my car and while he was driving he lost control of it doing a U turn and it ended up in a ditch on the drivers side of the car. The mechanics insurance informed me today that the adjuster estimated the repair costs to be just over $6000 . My car is a Dodge Viper and the drivers side of the car is very scratched and my wheels on the drivers side have been destroyed. The tires alone run about $600 dollars a piece. I looked over the estimator’s sheet and he has an order for a couple of decals and piece work painting on my car. I had this car repainted in 2007 and I spent over $8000 to have it done. I consulted with the body shop where my car is located and the manager agrees that there is no way they can match my paint so that means a total repaint. Also after further discussion I find out that they have not even looked under the car yet so there is no telling what kind of damage has been done to the frame and suspension. Shocks for my car are $3995 a set and I know that they pushed my car off of it’s side and it feel to the ground on the suspension so it has to have these items replaced. I feel like they are trying to take me to the cleaners. I haven’t even gotten into the value lost on my car because now it will have an accident report on my carfax.
Help !
January 27th, 2012 at 12:33 pm #Jason

Brenda,
Anything can be denied. I’m not saying what happened to your car or who took it or if you boyfriend had it last. I’m just saying that everything needs to be looked into before anything can be determined.
January 27th, 2012 at 12:54 pm #Jason

Jim In Fl,
Turn this claim into your insurance company so you don’t have to worry about being taken to the cleaners. I personally stay away the the cleaners because I have a front load washing machine and it does a wonderful job on cleaning my clothes. I also feel cleaners are too expensive.

Also, letting your car fall from the side onto its suspension has no correlation that the suspension items need to be be replaced. If they are $4000 for a set, they should easily absorb that kind of movement. That is just worrisome concern over things that are only guessed to be broken when in reality, they very, very likely are not.

Just because there is a listed accident are carfax doesn’t mean you car has lost any money or value . It’s just people that put so much support in a report that they think lowers there cars value when there is no support that it does.
January 30th, 2012 at 4:15 pm #Susann

GA law, date of loss 8-25-2011, girl hit me, had a witness who saw the accident, she had admittted drinking prior to leaving her house, before she hit me. SHe just pulled out in front of me,determined her fault. I did not go to hosp. but went like 9 days later, when the pain would not subside. Now I am under the chiropractor care since. Now, the $10,000 med pay is used up and I am told by Dr. I will have to pay out of pocket or go into debt/lien, etc. I do not wish to ruin my credit over this incident. By the way, my agent NEVER reported my claim, they NEVER got me a rental. I had FULL coverage. Question, how to make them to continue to pay my medical? Uninsured/underinsured? ALL STATE’s bad faith, where they are forced to disclose their insured’s policies of the household? I sent them a letter reg. and notarized to that effect TODAY. My company STATE FARM will not talk to me on the phone anymore, but require communication ONLY by mail. WHEN i left them and switched to Progressive (yeah since heard about them also), State Farm deleted me out of their system to the fact that I could no longer check on the status of my claim,etc. BOTH ALLSNAKE and State FARM have been the pitts, and I reported them to the INSURANCE comm of GA, which is a TOTAL WASTE of time and stamp, as THEIR salary is paid by guess who??? the ins. companies-our premiums!! Talk about a conflict of interest!! CROOKS-as most headquarter from where-the original crook capital~Chicago,ILL. Go figure! I am in the process of hiring another atty. as the last one “told me I was too emotional” as I cried in his office one fine day! Seriously? Are the lawyer supposed to tell you what Doctor to go see also, or is that conflicting-a lawyer no-no? THEY do not want to pay my car’s storage for 4.5 months either, nor pay close to my car’s value OR MAKE ME WHOLE, how to proceed with this, all that the law will allow by GA codes??Thanks in advance. I continue with headaches, eyes swirling, low back, shortness of breath, bowel problems, (I think i sustanined internal organ bruises-should have taken pictures of the bruises-how to prove soft tissue damage. ???
January 30th, 2012 at 5:21 pm #Linda

My daughter was pulling into the garage and her foot slipped and hit the gas instead of the brake and she hit a set of built in cabinets in our garage, completely distroying them. There is also damage to the car. We have full coverage on the car. My question is: Will the car insurance company cover the damage to the garage.
January 30th, 2012 at 5:59 pm #judy

I was on a residential street, going to turn left, onto a four lane road (two lanes going each way) with a grassy median separating the lanes in the middle with turning lanes every so often for those turning left, right or uturns… It was night time around 9:30pm, I was stopped at a stop sign, good 5 seconds, I looked left then right then straight and proceeded to turn left, no more than was my car half way in the right hand lane, when a car came speeding by, I am not sure what lane he was in, and slammed on their brakes and proceeded to run in to the median. His front left side of the car had climbed the curb then he ended up back in the left hand lane. I had stopped my car in shock covering both lanes, I am not sure. I went reverse and pulled up next to him as he got out to check his car out I asked if he was fine. He looked at his car, I suggested he drive it to see if it was fine. He did and we turned into the nearby residential street a block north of where I originally turned. I got his number, he had mine. We did not make a police report, I regret that now. He said it should be alright. I was still in shock as I looked for my insurance, because I was looking in the glove dept and couldn’t find it. I could not remember that it was actually in above the mirror flap you use for shade (forgot the name of it). Now the man has called me to cover the repairs. My question is, am I liable even though there was no car collision and he swerved to avoid hitting me. I did not see him whatsoever as the street was at a curve and it was dark and he was possibly speeding (this is why I regret not making a police report as they would have determined him speeding and possible drug test.) Thank you for any help.
January 31st, 2012 at 7:37 pm #Jason

Judy,
He is making a claim. Pay it.
January 31st, 2012 at 7:43 pm #Jason

Susann,
You claim is completed. That means it’s over and you will need to forget about this entire situation.
January 31st, 2012 at 7:44 pm #judy

my insurance said i am not liable. he should have maintained control of the car.
January 31st, 2012 at 7:44 pm #Jason

Linda,
yep.
January 31st, 2012 at 7:48 pm #Jason

Susann,
You claim is over. I cannot stress it enough but it is over.
January 31st, 2012 at 7:52 pm #Jason

To 655. His the one that should be paid.
January 31st, 2012 at 8:58 pm #judy

then why does my insurance say i am not liable then. i didnt hit him, he swerved his car. explain please.
February 1st, 2012 at 3:03 pm #elliott

I have a 2007 kawasaki sport bike, as I was taking it apart for matinance I noticed a large crack in the frame making it not possible to be ridden, I’m not sure how the crack formed or even when for that matter I bought the bike certified used from a dealer so I don’t imagine it would have passed there check with the crack in it,
. So this means it happened while I was riding it, its got full coverage and is insured through state farm is there any way that insurance will cover this?
February 1st, 2012 at 5:34 pm #Jason

Elliot,
You took the bike about for maintenance. It’s currently taken apart for maintenance and fix it. It is very likely the certified dealer sold you a broken framed bike. Did you have any damaging events that would have caused the crack? If no, then back to the original answer that you purchased the bike with a cracked frame. Most of the work is done so just fix it.
February 1st, 2012 at 5:40 pm #Jason

Judy,
This is not an board discuss point that point matter. if you want rely on those words as gospel,then you do do. What you did cause this guys car’s damage and you are responsible. If you don’t want to you the words liable, innocent, without fault, not there, and act of god, or something to that affect, go ahead. That changes nothing.
February 1st, 2012 at 5:47 pm #elliott

Not just a simple fix its an aluminum square bar frame tug welding is the only option and I’ve been told by professionals that the integrity will be greatly reduced a new fran is about $2000 and the bike is worth just over $3000 so that is my quandry, its never been wrecked or dropped the only thing I’ve ever hit is maybe a pothole. So insurance will not cover this?
February 1st, 2012 at 5:56 pm #Kari

Judy- Just because he didn’t collide into your car doesn’t mean you are not liable. You admit to it being dark – you didn’t see him, he had the right of way, and you were in his way- either he hit the curb or he hit you. He chose to slam on his brakes to avoid hitting you.
February 1st, 2012 at 6:07 pm #elliott

I do appreciate the fast response and great work on this site , very informative keep up the great work.
February 1st, 2012 at 7:52 pm #Jane

My friend was driving me in my car and we got into an accident. My insurance asked for the insurance policy number of any family member he lives with just as another lay of protection in case the injured party’s claim exceeds our insurance’s coverage. Can he choose not to give that information since he is not covered in his family’s insurance plan?
February 2nd, 2012 at 9:45 am #Nikki

Hi would my insurance go up if my car is an older car without airbags?
February 2nd, 2012 at 5:29 pm #Kari

Nikki the best way to know would be to call you agent and have him quote it for you.
February 2nd, 2012 at 6:52 pm #regina

hi,
a lady, name : derby, hit me on parking lot on 01/03/12. I was backing up and almost turning my wheel to go straight, but Derby was also backing up and not seeing me behind her. In order to get her attention, i honked her but she didn’t hear it and keep backing up. My honk attracted attention from other person that parked on my side (he was loading something in his trunk when accident happened, so he witnessed everything). After that, we exchanged the insurance paper and driver license. Her insurance is Infinity, which is very bad. I claimed her insurance and gave them the witness information. Infinity asked to get inspection from their bodyshop, and i did it already (i got the inspection paper). I called infinity and they asked me to wait since they need to get clarification from Derby.
after few days, i followed up with infinity and they said they can’t get hold of derby and they can not do anything.
Infinity suggested me to sue derby, their insurance holder if they can’t get hold of her.

my question : don’t they need to take care my car even they can’t get hold of their insurer??? its been 30 days already since the accident happened. please advise

thank you
February 2nd, 2012 at 7:44 pm #Jason

Regina,
Give it another week or so. Insurance copanys want to me sure they reach their insured so thy only pay reasonable cliams. Just be patient, ok?
February 2nd, 2012 at 8:06 pm #judy

so are yall saying if i was driving down the road, and it was dark and i honked my horn just because and it startled another driver and they did not maintain control of their own car and ran into the median, then i would be liable? i still dont understand why my insurance would say i am not liable as i did not hit him and he didnt maintain control of his car and ran into the median. please help me understand.
February 2nd, 2012 at 8:23 pm #Kari

No Judy, what I am saying is that if you pull out in front of someone causing them to swerved and wreck, it would be your fault. I’m not sure why your company is denning liability- unless they are unclear that whether or not you actually pulled out in front and caused his to swerve. Have you asked them why they aren’t paying his damages? If you didn’t feel responsible, why pass your insurance info to him? I would ask your adjuster why they aren’t paying they may be able to help better.
February 5th, 2012 at 5:47 am #Daral

Hello and thank you in advance for your time.
Briefly I have a 2006 Ford Escape Hybrid with all the bells and whistles. There was a freak windstorm blowing the roof of the apartment complex across the street off of which a piece hit my car and pretty much demolished the passenger side completely including both windows and the broken glass ruined the interior.
The car is insured AND financed by State Farm and my aunt being a SF agent helped me create the best policy possible including GAP insurance.
When getting the estimate at the SF approved body shop the owner, when done, said it would be totaled just by the cost. He wasn’t 100% but said “When you get to 75-80% of the value they usually total the car and you are at about 85-90%. ”
A week went by and no word from SF (whose bank is tapping their foot waiting on a payment I don’t want to pay if the car is totaled) so I called the adjusters assigned to the car (in another state) who said they still have not received the estimate but my car’s average value was $9000 even though it Blue Books at $12,500.
Estimate comes in @ $9,439.00 minus my $250 deductible $9179. Right after call from adjuster and they are NOT totaling the car (even though the estimate is more than what they value it at) and how would I like to proceed?
OK, All that for this: I am certain my “Good Neighbor” is not totaling the car out because of the GAP insurance which would cost them an additional $2,500-$3,000.
The estimate from THEIR approved shop is well above what THEY told me the TOTAL amount of the car was worth.

I am just certain that is what is happening but I am hoping you can maybe explain a reason why they may not be totaling the car because I can’t come up with anything.
Also, if you agree with my suspicions do I have any recourse in demanding the car be totaled or who can I contact to investigate this freakin* frackin* grumble mumble situation because from where I’m standing, (and shhhhh my Aunt agrees) State Farm is not paying what they owe after YEARS of my paying what I owed to them.
Besides time to get new neighbors (in every sense of the phrase) any Thoughts? Ideas? Help?

Thanks.

(Also have a renters insurance claim for items in the car I have a question about but will post that in the correct area if you are so inclined to follow up to Part II there. Thanks again)
February 5th, 2012 at 6:17 am #Daral

P.S. I posted other question under “Other Claim Types (Travel, Gap, Health, Life etc) hope to hear from ya there too! Daral
February 5th, 2012 at 8:18 am #Jason

Daral,
Please post in one or the other area. We check all areas. W. will answer over there.
February 5th, 2012 at 8:46 am #Jason

Daral,
That was a long post and I probably forgot half of it. You should be switching insurance and agents (yes, even if she is your aunt about every 3 years) There are about 1% or less of people who need or could benefit from GAP insurance and I’m not saying anything other than the percentage of people that don’t need it and you have it means you are part of the the 1% that are sold an insurance not needed. Based on the well written questions you provided, your general knowledge, and that you likely don’t owe more than your car is worth ($12,500), you don’t appear to need GAP coverage. Remember the general rule of thumb to look for new insurance coverage and premiums every 3 years – you’ll be surprised what you find.
February 5th, 2012 at 9:18 am #Jason

To Judy and Kari,
In a sense, Kari is correct.

Judy, if you find it a common practice in your terms to, “…so are yall saying if i was driving down the road, and it was dark and i honked my horn just because and it startled another driver and they did not maintain control of their own car and ran into the median, then i would be liable?

Reasonable and prudent drivers do not honk their horn for no reason and if you do that, you would be liable every time. Luckily, most people are not so started to the point that they run into the medium or worse (flip their vehicle), but you would be the liable party in such a case. Please don’t use your horn unless it’s it’s required.
February 5th, 2012 at 10:46 am #Daral

Jason,
Thanks but yeah, your response makes no sense to what I asked so super brief:
By all accounts my car is totaled. State Farm says its worth $9,000
The repair estimate is $9,400. I have GAP insurance. I owe $10,900 on the car. It Blue Books at $12,500. State Farm is saying they are NOT totalling the car and I think its because it would cost them the extra $3,000 in payments since I have GAP. Can I demand the total the car? What recourse do I have since this is clearly the only reason not to total the car?
Shorter? Better? Is that more clear?
February 5th, 2012 at 8:52 pm #Ricci

Hi,
I had an accident last year where I hit a motorway crash barrier. I reported it to my insurance company and nothing heard about it since.
I was in Afghanistan when it was time to renew my policy so didn’t get to see my new policy until a couple of months later when I noticed that I had 0 no claims bonus. When I emailed the company and asked why this was they replied saying I had a fault claim made against me. What I want to know is surely the company should have told me someone was making a claim and now they haven’t notified me am I able to void the policy and claim my money back that I have paid them so far or at least cancel the policy with no further cost to myself?

Ricci Parker
February 6th, 2012 at 6:54 am #Jason

Ricci,
Insurance is a business and you are a small part of it. The damage you caused is what insurance is intended for. They took car of all the hassle so you didn’t have to. You already reported it to your insurance company so they could conclude it for you. Why do you want them to continue to keep reporting it to you? As for your last question, we don’t understand what you are asking.
February 6th, 2012 at 11:29 am #Jane

I was wondering if anyone has an insight on my question? Post#666
February 6th, 2012 at 5:08 pm #Jason

Jane,
Insurance is designed to protect family units and since policies cross into other policies of the same family, it would make sense to provide provide information if needed especially if the injuries, deaths, and property damage is a lot. It is very unusual for you to say, “since he is not covered in his family’s insurance plan” when it is likely you don’t know what a family plan or family unit is formed of.
February 6th, 2012 at 7:08 pm #Norbert

I hit the median barrier and messed my car up really bad,nobody else was involved and i currently only have liability on the car at the moment,I don’t know what to do,will my insurance co. cover it ?
February 6th, 2012 at 7:11 pm #Norbert

can you help me with this problem?
February 7th, 2012 at 9:20 pm #Jason

Norbert,
Your insurance will not help you with your damage.
February 8th, 2012 at 8:50 am #B Martin

PIP question!
If you had an accident and you went to the Dr. and your bill was only 250.00 but your Pip is 1000.00 are you entitled to the difference from the Insurance company that was left as a refund.(750.00)
February 8th, 2012 at 9:38 am #Kari

B Martin-
No you are not.
February 8th, 2012 at 1:55 pm #Gary

i am the victim of a hit and run driver,his insurance company admits fault and will compensate,will they only pay to a total value of my truck or for full damage repair cost which is more than truck value ? I have a letter from them accepting responsibility.
February 8th, 2012 at 3:17 pm #Gary

In other words… if i choose.. can I NOT accept their condition report value, and require them to repair the damage instead?
February 8th, 2012 at 3:17 pm #yeiko

Hi,
Last October someone hit my car in the front side damaging my hood, eventually while i drove it home the hood blew open (bending badly) damaging my windshield and eventually making me crash. i have a police report from the initial incident, and the police officer put me not at fault, finally i was able to get a call back from this guy’s insurance and they said my car was totaled and they will issue me a check for $1200, my cars blue book value on similar conditions is over $3500, and my car is being sold around my area (in dealer, craigslist, and other used car places) for over $5000. plus what about the cost of not having a car or not hearing from them for 4 moths. i just think $1200 is an insult. please what can i do at this point, specially if they do not want to offer me more. is it worth it to sue them, how long could it take if i do. ….i have been reading on this website that i can take it with my insurance, what does that exactly mean, what can they get me>
thank you
February 8th, 2012 at 5:31 pm #Jason

Gary,
You will be given a choice. If your vehicle is worth $3000 for example and the damage is $3300, then you will receive $3000 and you won’t have the influence to have them repair instead of totaling.
February 8th, 2012 at 5:48 pm #Jason

yeiko,
That is weird that you know what cars are selling for on craigslist, dealers, and other used car places and that amount is $5000. What is also unusual is that the cars are actually selling for more than $1500 than the cars are worth. That means there is huge market instability in your area. Perhaps that is why your car is valued so differently because you live in such a messed up market. If they don’t offer to settle for 4 months, don’t allow a car for all the time you haven’t been without one, and they make you feel like they can insult you this entire time, I hope I never have to live there. Where do you live so I can avoid the area?
February 8th, 2012 at 6:37 pm #Kari

Yeiko- what you can do is provide comparables to the adjuster. Sometime that helps. Good luck!
February 8th, 2012 at 7:23 pm #Jason

Yeiko seems to have been providing comparable vehicles to the adjuster so although it seems like it should work to help get to a value but she said it’s turned into an insult so it clearly isn’t working in this case. She also said they didn’t let her have a vehicle to drive while this was going on. Clearly something is not going right with this entire situation.
February 9th, 2012 at 1:33 am #Marlene CA

On 1/31/12 my father got into an accident in my car. We are both covered with full coverage by Infinity Insurance to
drive the car. I took my car to a shop and an estimator went to see my 2006 Nissan Sentra
at the shop and declared it a total loss(the car is still drivable). I called the adjuster but was told she
had nothing to do with the claim no more, that she had sent info to the total loss department and that
any concerns or questions I needed to direct them to them.
I still owe on my car. It is still being financed.
I am currently unemployed but still making the monthly payments.
We also reported it to the other parties insurance
My questions are
1. Do I have the right to take my car to a different shop and have them (my insurance) review my car again?
2. Do I have the right to make the insurance fix it and not make it a total loss?
3. Can I have them send me the check & not to finance company?
4. Can I ask them (my insurance) to pay a portion & still keep my car, even if
its not fully fixed?
5. Would I be able to cancel the claim (with my insurance) and pay for repairs
6. Can I have the other insurance see my car also?
Thank You, any assistance is appreciated.
February 9th, 2012 at 3:30 pm #Gary

Jason,
Thank you.
February 10th, 2012 at 9:00 am #Mario Gonzalez

I have a 1999 Honda Odyssey that was parked in a private parking lot at my place of work. There was a tree that had roted and fell on my van and caused damage to the windshield and slight damage to the top of the vehicle. The van still runs great it has 330 thousand miles does not leak a bit of oil and I need the van. Before Firemans fund insurance pays me the proposed $1845 they want me to sign the vehicle over to them so that the title can be turned into a salvage title. I feel this is wrong. I need the van and I need it to be fixed.
February 10th, 2012 at 9:46 am #Eva

Hi,

My car was parked in a one way street and when I came back to it, the driver side door had been hit and the knob broken so I can’t open it from the outside. I called Geico and they will be able to cover it. I wanted them to send an adjuster to a body shop a friend recommended but the insurance company is saying they cannot and I must go their body shop to get an estimate then they can issue me a check and I can take where I want. I want to know if this is right? I told them I rather they do everything at the body shop I chose so why can’t they do this?
February 10th, 2012 at 11:21 am #Jason

Mario,
Offer to buy the vehicle back from them . This a common practice and generally the buy back is roughly 10% of the settlement amount. You would not need to sign the title over to them because they are technically just paying for the damage. Then you can get what you want repaired and keep the vehicle.
February 10th, 2012 at 11:39 am #Jason

Eva,
You have a couple of different options. The first is to do what they are asking you to do because that seems very, very logical. In fact, now that I just said that, that seems like the only thing you should be doing. If you have damage on your vehicle and you want it fixed, do what you need to do get it fixed. (Sure, it might be different if the shop they want you to take it to is south florida and the car and you right now are in portland, WA, but I’m certain that isn’t the case._

Another option you have is to… You know what? That option that they just gave you makes so much sense that I’m not going to provide any other ones. Well, yeah, just one more. That is to refuse to take your car to the shop they suggested and just keep opening the door from the inside because that seems to be less of a hassle than you taking it to the body shop they suggested.

Other than that, I don’t think you have any other options.
February 10th, 2012 at 5:33 pm #Kari

Regarding Yeiko- it doesn’t appear anywhere that she has provided her findings to the adjuster. Therefore if she hasn’t, it is a great start.
February 10th, 2012 at 7:21 pm #Jason

Kari,
What is the great start? That Yeiko hasn’t provided anything to her adjuster for 4 or 5 months or that it’s taken her almost a half a year to settle her claim? No matter how you look at it, there isn’t a good start to anything.
February 10th, 2012 at 10:05 pm #Kari

Why yes Jason, it’s a great start. Sorry you have so much trouble understanding. Unlike you, I try not to be such a, well know-it-all and tell someone how weird it is and that I don’t want to live where they are- I attempt to take my personal feelings out of it and actually attempt to help. I feel very badly that you are unable to do the same. Good luck to Yeiko- if he/or she hasn’t already, it’s a great start to hopefully getting this claim moving.
February 11th, 2012 at 12:40 pm #Andrew Ravindra

I hit a concrete road block, when I lost control of my Nissan Pathfinder, while trying to avoid a collision. The driver’s airbag was deployed. The damages were to the A/C evaporator, fender, passenger side mudguard, etc. The grill and head lamps were not damaged. I have heard that a car will be totally written off if even a single airbag was deployed. Please advise.
February 11th, 2012 at 1:53 pm #Jason

Andrew,
You told us a lot of information but not quite enough to make a determination. What year is the pathfinder and who was the person who told you that the vehicle would be written off if even a single air bag was deployed? The year will help us determine the vehicle’s approximate value and knowing the other item will help us determine who starts these kind of rumors.

Air bags are expensive. However, air bag deployment is not the conclusive determination if a vehicle will be a total loss or not.

Your estimate of repair will likely start out at a little over $5000 to account for the air bag. Then the other damages will have to be added to that and then a comparison of the vehicles worth will be checked to determine if it makes sense to repair or total.
February 11th, 2012 at 8:22 pm #Andrew Ravindra

Jason,

Thank you for your response. The year of manufacture of the Pathfinder is 2009. This is a company vehicle and when handing over the vehicle to our driver, he informed me that he “thinks” that this will be a total loss since “if even a single airbag was deployed, it is considered a total loss”.
February 11th, 2012 at 9:24 pm #Jason

Andrew,
Thanks for the additional information. The approximate value of this vehicle is slightly over $20k.

The other damage you indicated of A/C evaporator, fender, passenger side mudguard, etc is’t really that much more damage. I suspect the impact to the concrete road barrier messed this up for than the items you mentioned. If the damage beyond the air bag exceeds $10,000, then it will get close to being totaled but that would require a lot of damage.
February 13th, 2012 at 9:45 am #Eva

Thank you for your response Jason! The main reason why I wanted to take it the body shop of my choice is because they allow a payment plan for the deductible unlike the shops my insurance company goes through. I am not working right now but am doing a full time internship so money is tight. I am going to meet the adjuster today and I pray everything just works out.

Thanks again!!
February 13th, 2012 at 11:48 am #Jason

Eva,
It sounds like it will work out just like you need it to.
February 13th, 2012 at 12:50 pm #Andrew Ravindra

Thanks Jason!
February 13th, 2012 at 4:55 pm #Katie

My car was hit when I was the passenger and my friend was driving, he had my permission to do so. It was decided we were at fault. He is not listed on my insurance as he is not a regular driver. My insurance is dropping my claim down to minimal coverage which would be up to $5000 for repairs. The car has been determined a total loss at over $10,000. Will my insurance still give me the total value for the car? Or not because it is minimal coverage?
February 13th, 2012 at 8:13 pm #Jason

Katie,
Your policy sounds like an hybrid type policy that we don’t know enough information about.
February 15th, 2012 at 12:01 pm #Liz Colety

My husband had an accident Jan 12th. we picked an autobody shop close to our house that was recommended by another shop that was too busy to take our job. we were told it would take 10 days total, after 31 days we finally got our car back but the paint job is horrible (gritty) and there are missing parts as well as parts that were suppose to be replaced were repaired as well as broken parts that are suppose to be new. the insurance company is telling me that because we picked the shop that it is our problem. they also said that I paid them so it is my responsiblitiy to have the shop fix it, I did not pay them…the adjuster called me to tell me he would be issuing the check directly to the autobody shop. is there anything I can do?
February 15th, 2012 at 12:53 pm #Jason

Liz,
In a way, it is now your problem because you now have issues with the shop and the quality of repairs. Getting the car fixed is an entirely separate business arrangement and involves only the body shop and you.

Since the adjuster knows this, he should be sending the check to you with the body shop’s name on it so you don’t sign it over to the shop until your car is fixed correctly. Ask him to send the check to you with the body shop’s name on it.
February 15th, 2012 at 5:26 pm #Katie

I have another question you may be able to help with. I have heard from AAA since my last post. They are determining my car totaled, and the amount of the payment they are quoting me is $4000 OVER what I have researched the value of my car to be. This seems unusual, I thought generally people received less than their car was worth. Should I be concerned? Also, after I receive the payment, and they have taken my car, am I required to get the exact same one to replace it or can I buy anything of that price?
February 15th, 2012 at 6:07 pm #Jason

Katie,
That is what they are valuing it at. That is good for you if it’s more than you though they would offer. Generally people get a dollar amount that is more in line with the value of the car. No you shouldn’t be concerned; you should just accept their offer.

You can replace it with anything you want.
February 16th, 2012 at 1:19 pm #Ismael

can a claims adjuster Assess the damages to a vehicle, without the owner being present in the stste of nevada?
February 16th, 2012 at 1:35 pm #Ryan

I recently had an accident with my girlfriends vehicle that did not involve any other vehicles or persons. I was not injured in the accident but due to hitting a curb there was a lot of damage to the frame work of the car. We contacted the insurance company after filing an acccident report with the police and the insurere asked a few questions for both of us and said that the car can be towed to a shop of our choice and as soon as an adjuster looks at the vehicle the repairs can be done. After 5 buisness days of calling and leaving msgs for the representative on the case we then found out from the body shop that the vehicle was due to be put in auction the next day and that was that….We could have lost all personal possessions in the vehicle and no updates or contact from the insurer were given at this time. We then called repeatidly until finally had a phone conversation with the representative and was told that they are coming up with a solution……and that is all…we then tried contacting the manager of the insurer and can not get in touch with this person as well. the vehicle was not financed and the insurance company is keeping us in the dark now…also the person we were dealing with over the phone became mad and nervouse over the phone as we kept digging and asking questions…and then cut of the conversation completely leaving us with the number for the manager of the insurer. what should we do to make sure we get proper compinsation for the lose…
February 16th, 2012 at 1:51 pm #Jason

Ismael,
Viewing a car’s damage is usually always from the exterior of the car so what you ask can be answered with a yes.
February 16th, 2012 at 1:53 pm #Jason

Ryan,
We don’t know enough about what’s going on to provide you with any helpful information.
February 16th, 2012 at 2:26 pm #Lynn

I was in an accident over a month ago that produced very modest damage. The Highway Patrol responded and provided a police report that found the other driver at fault. No witness’s were present and our version of events didn’t match, however the office that responded found my version plausable and felt that the damage to the vehicles was consistant with my side of events.

As I said, the damage was modest, I have an estimate for $505 (which may rise once the bumper is removed depending on if there is any damage not visable) and my deductible is $750. The other parties insurer informed me that their parties damage is estimated at $1200 +. My insurer found the other driver 100% at fault, his found us %50-50. I only know this because I called the other drivers company and was told over the phone. I was told that the adjuster handling the case would call me back. That was over a week ago. It is impossible to reach this person.

When I called my insurance company, the person I spoke to said that since my damage was below my deductible, there was basically nothing they could do. I asked, “So what am I suppose to do now?” She suggested I call my agent and ask them what I should do…which seemed strange, I mean my agent is great but his job is “selling” insurance, wouldn’t this be more the adjusters forte?

Sorry for being long winded, I just wanted to give as complete of a picture as possible. My questions are;

1. Was the person I spoke to at my insurance company correct when she said there was nothing they could do to help me because my damage was below my deductible?

2. How common is it for an insurance company to find 50%-50 responsiblility even when the police report finds one party 100% responsible.

Thank you for your time and assistance.
February 16th, 2012 at 4:17 pm #Katie

Thank you for answering my questions.
February 16th, 2012 at 5:46 pm #Lucy

Hello –

I was hit in a hit and run this week. Later the same night I located the car that hit me (it was parked a couple of blocks away) and the police impounded it. The registered owner was not local, though the plates were from California (same state as the accident occurred.) The police said it takes 3-4 weeks for them to contact (by mail) the registered owner of the car and “invite” them to come to the police station to explain why their car left the scene of an accident.

In the meantime my insurance company has deemed my car a total loss and said they will get the valuation to me in the next couple of days.

My question is – if I’m not at fault – wouldn’t my insurance company want the other driver’s insurance company to take over the whole claim?

Also – if my insurance co has the license plate and make/model info of the car that hit me – can they, independently of the police, look up and contact the responsible party’s insurance?

I’m just worried my insurance is trying to hurry the process along so they don’t have to pay for a loss of use rental – but am thinking that since the other driver fled the scene (which, to me, admits total fault) the total loss valuation negotiations would be more fruitful for me if it involved the at-fault party’s insurance?

And…last question…does anyone know how the criminal part of the hit and run works with the insurance part? The police told me it is up to me if I want to prosecute the responsible party. I’d definitely like to prosecute if it means I will be more fairly compensated for the loss of my vehicle – but am not sure of the legality of intertwining the two.

Thank you so much for any advice you can offer!
February 18th, 2012 at 7:43 pm #jimhemm

Someone flew up in my yard hit my retaining wall and took out a larg fruit baring
pair tree. It had a diameter of about 13 inches.
How will the insurance pay for the tree?
February 20th, 2012 at 1:10 pm #Joel Carter

My car was hit when it was parked. I was not there, but the police officer that showed up at the scene assessed that it was the fault of a truck driver who was still parked at the scene. I have tried filing a claim but I keep getting bounced around by the insurance company. I can’t file a complaint with my own insurance because I do not have full coverage on the vehicle. They are obviously just pushing me around until I give up. What recourse do I have?
February 22nd, 2012 at 3:27 pm #jennifer

I was involved in a car accident about a month ago (in Texas) The other person’s insurance has been asking for the car title to be able to send the check. The car is under my dad’s name and the title is lost. Is it required to submit a copy of the title to get the check for the repairs? Can they just send the check? HELP!
February 22nd, 2012 at 6:23 pm #Bishnu

I was involved in a car accident in a rotary ( in Concord Boston). I was driving in the right lane of the rotary. The second vehicle was behind me and was driving on the left side. She cut me off and tried to take the exit on the right while i was almost half way through the exist. I just have a basic insurance meaning it does not cover any coverage. My claim with my insurance company was closed coz they told me that it was not my fault. I was trying to claim to other auto insurance company of vehicle. After a week they told me that they will only pay 50% of the damage. The driver of another vehicle has a opposite statement to mine. My car was damage on the driver side headlight while her car was damaged on the rare side door. My only defense was If i was driving straight ahead to her car my whole front part of car should have been damaged. I am not sure what to do. No police report was filed because the police said it was a minor accident. I tried calling the police officer who was on duty. But looks like i won’t be able to get in touch with him. I need help. Any suggestion. please
February 23rd, 2012 at 9:03 pm #johnathan miller

i was in an accident on the 31st of december my insurance stated it was my fault and finalized it without having seen the police report when i called them about 15 days after the accident which is about 6 days after they finalized who was at fault they said that they just got the police report and i said can you fax me a copy please they did and it clearly states that the other driver was most likely at fault i tried to talk to my insurance company about it but they kept saying that they cannot do anything about it i want to know if they can finalize the report based on hersay i have had no other accident other then this one and i have been driving since i was very young i am 19 now going to be 20 in may please help me i have basic liability insurance with all state insurance company in california
February 25th, 2012 at 10:09 am #Tasha

i was in a wreck and my car was totaled we just bought the car around 3 months ago. i have full coverage insurance thru direct. they are now only offering 1/3 of the money owed on the car. is there anything i can do about this? to make them pay of the car atleast?
please tell me they are wrong. i will never recommend them again this has been a horrible time with them.
February 28th, 2012 at 4:37 pm #JF

I was rear-ended by a driver with all-state. All-state authorized a rental car but are now telling me they won’t cover the insurance that enterprise required me to purchase at $14/day. I do not have collision insurance through my insurance company geico because I drive an older car. Now all-state is telling me that they do not have to cover the rental care insurance because it is not law in WA state. Please help!
March 2nd, 2012 at 5:58 pm #Stressed out

Hello,

I was in an accident 2 months ago. I hit ice and my van slid into on oncoming vehicle. Neither of us were injured in the accident. I called my insurance immediately to process the claim. Due to the age and wear of my vehicle my van was a write-off. All was processing smoothly and about 9 days after the accident i was advised of the amount they would be giving me for the writeoff. I did not agree to the amount over the phone as i advised the rep i wanted to discuss with my husband first as i do not like to make final decisions without his ok. Life caught up with us which prevented me from calling insurance back right away and 4 days later i receive a call from them stating they are now in the process of investigating my claim. The reason being because the name on the ownership (my father) did not match the name on our insurance(myself & husband). However my father sold me this vehicle 7 years ago. We did not switch the ownership as we did not think this to be an issue since it was just my dad selling me his van. So insurance advised that my father had to get a notarized letter stating he did in fact sell me the vehicle, there were no liens or loans outstanding on it and he had no interest in the vehicle. After all of this the under-writer still came back and denied the claim as they said there is “no isurable interest” due to the fact that i was not the registered owner of the vehicle. What i find odd is that they are not cancelling my policy they are just going to back-date and remove the van from the policy all together going back to the date we originally registered the insurance with them. They also advised that they would be reimbursing me for all of the premiums i paid on the van over the last 3 years i have had insurance with them. This all does not sound too bad except for the fact that if the man in the other car ever decides to file a claim for injury i would be personally liable. I cannot live with that thought looming over me for the next 3 years. Can this be fought? I just cant understand that if i am the insured and the one who was in the accident and with all of the docs we sent to prove this vehicle is in fact mine, how can the insurance company do this???
March 4th, 2012 at 1:08 am #Crashed

@Stressed

Just read your post. That sounds kinda odd. Even if the vehicle is not registered to you, you can usually still add a vehicle to a policy. Is this the only vehicle you owned? I am guessing if they are just removing the van then you had another vehicle on the policy? If this is the case, your entire policy not being canceled, you should still be covered under liability coverage for your other vehicle you own. Since they are saying you do not own this vehicle, it would be considered a non-owned vehicle by most states which is covered under liability as long as you are the driver. As for covering your collision, it seems like if you paid for the coverage (the premiums), you are owed the coverage you paid for. What is the specific exclusion or explanation as to why they are not providing coverage?
March 4th, 2012 at 1:40 am #Barry

Anyone know what happened to Jason? Kind of boring on here without him…
March 4th, 2012 at 2:35 am #admin

Barry,

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 4th, 2012 at 8:44 am #Stressed out

To Crashed:

They are saying that they have no insurable interest in the vehicle because i was not the registered owner of the vehicle at the time of my accident. They said that the name of the insured has to match the name on the ownership doc. However again the only reason i could see this being an issue is if A) my father was also paying insurance on this and trying to collect on this claim- which he is and did not OR B) if my father still had a loan against the van- which again no money was left owing on the vehicle. No to mention the fact that he had a notarized letter stating all of this to not be the case and giving permission to process the cheque for the write off to myself.

I have this gut feeling that the insurance co. has maybe made a mistake some where themselves during the processing and are trying to get this vehicle off their books so that they save their own butts!

My greatest concern in all of this is if they remove the van from the policy and then the man in the other vehicle sues for injury. The records woud show my van was not insured at the time and so therefore i would be personally liable.

Your thoughts??
March 4th, 2012 at 8:45 am #Stressed out

…ctd sorry correction to point A) he is NOT and did not
March 10th, 2012 at 5:40 am #Kevin

Hello,

My wife was involved in an accident yesterday with my two young boys with her…She was driving straight down a road and an elderly lady ran a stop sign, T-boned my wife. All three of them are ok, the lady left in an ambulance…My truck is completely totaled . The driver side from the front of the hood to 3/4 through the rear bed is almost pushed in a foot. This is what ive done so far….I called MY insurance companywho told me they are sending out an adjuster to look at my truck which was towed to my house…Do i need to be going through my insurance company???I do have full coverage, and i should note the woman did recieve a citation for “failure to stop”…
March 10th, 2012 at 10:00 am #crashed

Stressed out,

Yeah I think your concern is valid – if they somehow back date the coverage and remove the van, then the van would be uninsured, but you should still be covered as a driver.

I guess I would have to read your policy and state laws to know the verbiage how it is worded. In my state, if you pay for insurance coverage it doesn’t matter if you own the vehicle or not. You could have your mom or dad or child as the registered owner of the vehicle and still list it on your policy – it really does not matter as long as you pay for coverage.
March 10th, 2012 at 10:06 am #crashed

@Kevin

It might be best to let your insurance company handle it, here is why:

The other insurance company is going to have to investigate the claim and possibly wait for the police report which can take from 2-10 days for most police departments. If that happens, you will be sitting around without a vehicle for those days while waiting for a police report (unless you choose to pay out of pocket for a rental). If the other insurance confirms with their driver she was at fault, then they may be able to handle everything right away and you won’t need to use your coverage, you can cancel your claim.

The fastest way will most likely be to go through your carrier – the only problem is your deductible will still be taken out of the total loss settlement but your insurance will try to recover that from the lady’s insurance policy.
March 10th, 2012 at 7:40 pm #crystal

I was rear ended about a 3 wks ago it didnt cause much damage to my car because i have a trailer hitch. I have a lumbar sprain and muscle spasms in my neck. My boyfriend has muscle spasms in his back and my four year old daughter has muscle spasms in her neck. My 1mth old was also in the vehicle with me. I was wondering what we are entitled to because i have never been through this.
March 11th, 2012 at 12:19 pm #Barry

@Crystal

It sounds like you are asking how much cash you can get for an accident that had very little damage? Correct?

You were involved in a minor rear-ender where you had little to no damage. How much damage did the other car have? How fast was he moving when you were hit? Was he driving 10mph or 40mph? Was your car undrivable? Was his? How long before you went to the emergency room? Have you visited a medical professional that has documented your injuries?

The insurance company will take all of the above into consideration when trying figure out an appropriate settlement.
March 11th, 2012 at 1:52 pm #Lauren

My car was recently stolen. It was recovered three days later. When I went to inspect the car at the impound, there were minor damages like a dent on the drivers side door and it didn’t start. My insurance company is towing my car to salvage, saying that due to the damages, my car is considered a total loss. I was completely shock to hear that, especially knowing I probably only need a hot shot. My car is 05 Chevy cobalt with 124,000 miles. Can I refuse the total loss option and just have my insurance pay for the damages?
March 11th, 2012 at 1:58 pm #crashed

@Lauren

Your insurance company is most likely just following state insurance regulations based on total losses. If you have the title to the vehicle, you always have the option to keep the vehicle but the insurance company will reduce your payment by the salvage value of the vehicle.

They are not going to pay for your damages because the damage likely exceeds what the vehicle is worth or a certain percentage, in my state if the damage is 75% of the value of the vehicle it is considered totaled. If the vehicle still runs, it might be the best option to keep the vehicle and take the settlement less the salvage value.
March 13th, 2012 at 12:42 pm #Jennifer

A little over 2 yrs ago, I was hit by a driver that made a turn into my car across a double yellow line. The car was totaled and the other driver’s insurance is trying to only claim 80/20 responsibilty ( even though there were at multiple witnesses and the police report states the other driver at fault). I hired an attorney and the insurance co paid me out for the car. The issue is that now it’s been over 2 years and the attorney just filed a lawsuit in Jan but didn’t set a court date. It’s March and all I have been told is that they are in negotiations but nothing has come of it. I don’t understand why this hasn’t been resolved yet or why the attorney hasn’t set a court date. I just want to know how long this can take or if there is anything I can do to speed up the process.
March 13th, 2012 at 1:20 pm #Jodi Mathy

Hi Jennifer

Unfortunately your attorney doesn’t set the court date, the court does. That can take a long tiem depending on what jurisdiction you are in. It is likely that your claim will never get to that point. The adjuster for the other company is likely to make a settlement offer through your attorney. Again that can take some time. If a hearing date gets set you can anticipate an offer close to that date. There is not much you can do excet stay on top of your attorney. If your case isn’t a big $ one for your attorney then it likely isn’t a priority. Ask him point blank what he is going to demand from the other party’s carrier so that you know what is going on.
March 15th, 2012 at 1:34 pm #Benjamin Bean

Hello,

I am in a rather troubling situation. I sold my car to a buyer that used a fraudulent cashier’s check. He came to purchase the car at 8am and I made sure I was at the bank at 9 to deposit the check. My bank said the routing number didn’t correspond with the account. After going to CHASE (the buyers’ bank) I was informed that the check was bogus. My insurance company State Farm is trying to deny the claim under my comprehensive because of an exclusionary rule. The check was for $18 000, im beside myself.

Do you have any information/advice? I would REALLY appreciate any help you could offer.
March 15th, 2012 at 5:20 pm #Crashed

Benjamin,

That is crazy. So State Farm is saying because the vehicle was sold they are saying the policy cancelled at the point of sale due to an automatic cancellation clause?

Was a bill of sale completed? If there was no bill of sale and no exchange of funds (since it was a fraudulent check, no funds were exchanged) you may be able to argue that there was no sale of your vehicle therefore the policy should be considered active and it could be considered a theft. Best thing to do is review your policy – normally I would hate to recommend an attorney but this might be a case where you need to consult with one.
March 15th, 2012 at 5:54 pm #Benjamin

Thank you for your prompt response. I wanted to see if there was any possibility I may be able to email you the page from my insurance book that has the exclusion on it. You seem like a very knowledgeable/helpful guy. This has caused me grave issues as I was planning to make a move and all of the money was tied up in the car. Truly a devastating event.

To me it makes no sense, if you have comprehensive the vehicle should be covered for theft by hotwiring, carjacking or theft by deception. I just can’t believe the insurance co can do this.

I would really like to the opportunity to talk with you further.

Best Regards,
Benjamin
March 15th, 2012 at 6:04 pm #admin

Benjamin,

Why don’t you copy paste State Farms denial letter text into the comment box here, or type it in EXACTLY as State Farm wrote it. And do the same with the policy exclusion text.

And tell us exactly what your auto policy description is, for example “State Farm Automobile Insurance Policy 9805A” and the state you are in.

I’m sure we would all like to see State Farm’s denial.

This weblog does not allow attachments to comments. But if anyone knows of a WordPress plugin that enables that feature, please advise.
March 15th, 2012 at 10:32 pm #Charlene

Hi,
I hope I can get an answer really quick because I am up against the wall with a claim with the insurance company. I was involved in a hit & run in California. My car was parked and I was not in it, so there was no personal injury, just property damage to my car. There were several witnesses who obtained the driver’s license plate number. I reported it to my insurance company, and they were able to track down the owner of the car and driver, and obtain their insurance information. I filed a claim with their insurance company as well as mine. I had estimates for the damages from both insurance company’s adjuster which slightly varied. By the way, a police report was filed and I now have the investigator’s report. My $1000 deductible will be waived since the other insurance company has admitted liability against their insured. I decided to have my claim resolved with through the other party’s insurance company (“Alliance”). This is now a nightmare. I informed Alliance that I have selected a bodyshop and they in turned had an adjuster go to the shop to assess the damages. The shop did their own estimate which included and tear down fee and also charged $250 fee to prepare their estimate which would be credit towards the repairs. Their estimate was sent to Alliance. Alliance then sent me a check for $1,178 based on Alliance estimate which they agreed to pay for the repairs outlined in Alliance’s estimate, and stated that if my vehicle required additional repairs not contained in the estimate to have shop them to authorized additional repairs. The shop sent a supplemental estimate for an additional $3,829. Total repair cost is now $5008. Alliance stated that they will not pay this additional amount because the repair cost now exceeds the total loss threshold of the fair market value of the vehicle which they claim is approx. $5300-$5400. Now I’m dealing with a total loss claim, which I have not decide on my options to settle. My primary concern right now is that I have to remove my car from the shop. The bodyshop want me to settle the current bill of $1329 which includes the $250 fee previously mentioned plus 10-day storage fee and tear-down cost. Alliance agreed to pay all except the $250 fee for the body shop to prepare their estimate/processing. Even though I signed a form with the bodyshop agreeing to this fee along with the other fees, they are holding me liable for additional $250 and will not release my car to me unless I pay it. Since the body shop knew the this claim was being paid by the Alliance, I believe they should have included this fee in the their full estimate to Alliance, nevertheless Alliance should be obligated to pay this charge because that was the cost in order to have the vehicle inspected. Any advise would be greatly appreciated. Thank you in advance.
Charlene
March 16th, 2012 at 6:20 am #Crashed

Charlene,

The $250 fee seems excessive which is why Alliance is probably refusing to pay it. If Alliance did their own estimate there is really no reason for the body shop to do one as well. It sounds like the body shop took advantage of you by having you sign a form saying you will pay it, knowing the insurance company is not going to pay it. If you complain enough to Alliance, speak with a supervisor, they may eventually agree to pay it but since you signed whatever that form is they are likely going to tell you it is between you and the body shop.
March 16th, 2012 at 9:20 am #Benjamin

Hi,

As of now I have not received a letter from the insurance co. I spoke to a claims adjuster, who told me of the exclusion. I am including the exact verbiage below.

“Loss to your car or a newly acquired car if an insured voluntarily relinquishes possession of that car to a person or organization under an actual or presumed sales agreement”

As always thanks for your help,
Ben
March 16th, 2012 at 9:50 am #Jason

Benjamin,
An attorney will not help you in regard to your policy. Your policy clearly excludes your loss. It is not a theft, it is a sale. You turned the keys, vehicle, and title over willingly during the transaction. An hour later, you discovered the check was no good. The thing here is that you sold the car. The issue you have after that transaction is a bad check.

You have to understand that the sale/purchase of the car is separate from the issue of the bad check. You sold the car. Your insurance policy has no involvement after that sales transaction is completed. (The sales transaction does not require the check to be cashed – just received)

The only, and I repeat only, remedy you have now is with the fraud involving the bad check. Your insurance company is not party to that bad check and there is no way you are going to be able to get them involved. I don’t know your options with that bad check but I can convincingly say is not going to involve the insurance company.

I don’t believe in people spinning their wheels chasing after something that will never materialize. This situation is not covered by your insurance and the insurance company specifically did not want to cover a situation like that because it is not a theft – it is fraud and insurance companies don’t want to deal with that kind of activity. You can speak with an attorney but they will repeat exactly all the information I did.
March 18th, 2012 at 5:36 pm #David

I had a 2007 Toyota Tacoma 4×4 get hit in front left wheel/bumper/fender area. Tire is now against coil spring and back of fender. Does anyone know if a bent axle on a Toyota could have also bent the frame and be declared a total loss? Have not had faulting party’s insurance adjuster out to see it yet. Presently the engine revs up tremendously simply by cranking it and leaving it in park. Any comments?
March 19th, 2012 at 2:38 pm #A

Myself and two friends (all 19 years old and have clean records) decided to mess with a girl’s car. The only thing we did was saran wrap,smear peanut putter, squirt strawberry ice cream syrup on the hood, sprinkle dirty cat litter, and place trash around the car (in that order). We didn’t intend to cause actual damage to the car, just meant to leave a mess for her to clean up. The following day, the girl who owned the car got my friend to admit to everything. Detectives were sent to to question us. We all told the truth. Then this girl has her dad bring the car to their friend’s auto shop and the car was pronounced “totaled.” Supposedly, the cat litter went got into the air vent under the windshield wipers and caused the car to be totaled. My friends who are mechanics say that it cant be true and that if the cat litter were to be in the vent it would just cause smelly air to blast out of the AC. We never even put cat litter anywhere near the vent. Now the damage is est at $5000 for what we did. I just don’t see how that can be true, and I’m guessing their friendly auto guy might’ve BSed the extent of the damage. I agreed to step up and pay the consequences. Now the girl’s auto insurance company has reached out and asked us to reimburse them for the entire amount of damage. Any thoughts? Should I get a lawyer?

PS- I know we are idiots for all of this, and I’ve learned my lesson. I’d appreciate constructive feedback, thanks.
March 19th, 2012 at 5:48 pm #Crashed

If they can prove you caused damage to the car that total’ed it, then you are on the hook for the damage. If you can prove the damage did not total it, then you don’t have to pay. An attorney likely won’t make a difference unless they can produce some evidence her vehicle isn’t totaled. You would need to hire an independent adjuster to inspect the vehicle and determine the damage to prove this. Since you all ready admitted to doing some of these “vandalisms” I just don’t see you getting out of it.
March 21st, 2012 at 11:54 am #Eric

On October 1st 2011, I was was hit by an uninsured elderly motorist making a left turn in front of me as I was cross through an intersection. My airbag exploded and my car sustained over 10K in repair cost.

I suffered minor burns to my face from the airbag explosion, and some slight swelling to on of my forearms from the collision. I went to Urgent Care the next day and was given a prescription for pain management and told to get some over the counter topical cream for the minor burns to my face.

It took several months and several emails before I heard from GEICO my insurer, regarding my injury claim, and in January if this year, they offered me $300.00 to settle my injury claim. This, in light of the burns and the swelling which have subsequentlly healed.

I haven’t accepted this offere and now have been given a deadline of next week to accept or the case will be closed. I having a hard time with this settlement amount in light of the pain & sufferening I went through at the time of the accident. I also have uninsured motorist coverage in place.

Does this sound like a reasonable offer?
March 22nd, 2012 at 7:15 am #Dennis Page

Hi everyone,

Allow me to get to the meat of the matter. My wife was with a girlfriend and was driving our van when the rear tire (driver’s side) came off! My wife lost control of the vehicle and they hit the guardrail. Needless to say, the van was totaled. Now, prior to this, about a month ago we had taken our van to a tire dealership and they have put brand new back tires. A week before the accident my wife started hearing noises and we thought it was because we needed our front brake done, so we took it to a friend and he put in new one for us. Nobody else worked on the back tires except that tire dealership. As the result of the accident both my wife her friend had to be taken to the emergency room and had to be checked out for possible concussion and fractures (xray and everything). Thank God there was no major injuries except for my wife’s traumatized and having panic attacks every so often. We were turned over to the tire dealership’s insurer and after many calls and recorded statements from me and then from my wife, they promised to get back to us… that was a week ago. Meanwhile we are out of money (we don’t want our premium to go up) We called and called but nobody answered our call. We are thinking of hiring a lawyer. Do we have a case? Please advice.

By the way, when the police talked with my wife, he expressed that we need to “talk” with the people who did the work on our tires as all the lug nuts were off the tire.
March 22nd, 2012 at 7:42 am #Jason

Dennis,
Step back and think about this. You have a totaled van and basically no injuries as a result of this incident. It is very likely your wife has panic attacks regardless of this accident.

If you can prove that the tire place was negligent with about a month’s time in between when the work was done and when the accident happened…. If you can prove that you took the appropriate corrective action when you were aware of the noise from the van …. If you can prove that your wife’s panic attacks are a result of the accident (or made worse)…. If you can prove a half dozen other legal requirements in court….. – ….. if yes to all of these, then you might have a case.

Legally proving something is very, very difficult. Most lay people cannot do it so it will require a lawyer. Since the injuries are insignificant, there is no lawyer that will take this case except for an hourly fee and minimum retainer.

Let’s just say that the lawyer you hire and pay would have 20 hours of billable time in this at $200/hr. You will be laying out $4000 to find out if you can convince a judge or jury that your wife and friend suffered injury. Is this a gamble you want to take? You have to be aware that it is very likely that you would not recover this $4000 back in the event a decision was found in your favor.

Your alternative is paying your deductible (if you have insurance), forgetting the matter, and moving on with life. You have to ask yourself, “Do you have a case?” because taking this on will take a lot of time, stress, and money and if people can see the end result, they would never, ever consider pursuing it.
March 28th, 2012 at 12:19 pm #Tom

My wife hit the side of a block building which resulted a total loss to our pickup truck. No damage to the building other than scratched paint and I don’t expect any claim from the building owner. The police filed a report and no charges were filed against my wife.

I have a buy back option from the insurance company in which I can accept thier payout, fix the truck myself and make it operational again with a rebuilt title. Questions are:

1. If I don’t persue the claim and pay for the repairs myself can the insurance company still ding her for a rate increase or label her as an “at risk driver” since they know about the accident but did not pay?

2. If I decide later to file the claim and accept thier payout, how long is the insurance company’s offer valid before they can deny it?

I’m trying to keep a clean driving record and clean truck title. I am a resident of Florida.

Thanks!
March 28th, 2012 at 12:39 pm #Kari

You have already filed a claim- as indicated by the total loss. Sure you can pay out of pocket for the damages, or accept the total loss- either way your wife had an at fault accident and the insurance company knows about it. There isn’t any way for her to not be charged with an accident for insurance reasons.
March 28th, 2012 at 12:55 pm #Tom

“There isn’t any way for her to not be charged with an accident for insurance reasons.”

What does this statement mean? Are you sayin that I should expect a rate increase? I may not accept the claim. I would think if they don’t pay there is no foul.
March 28th, 2012 at 3:02 pm #Jason

Tom,
There is a non-reversible foul. That happened to be your wife hitting the building. That is an at fault accident.

Take the claim money, instead of rejecting it so you can pay for the increased premium if nothing else.
March 28th, 2012 at 6:04 pm #Crashed

If you call your insurance company and tell them about the accident then they can use that as a record to indicate you or your wife are more at risk. You can’t report it and then take it back when it is convenient for you to manage your rates.

With that said, some insurance companies will not increase your rates if they don’t pay out – you will have to ask your insurance company that.
March 30th, 2012 at 1:23 am #wreckedtruck

I picked my own shop, and the insurance company paid them directly. The shop went out of business apparently and did not repair or return my car. Owner of the shop is claiming he will still complete the repairs, but claims he is broke, and has had the car for 4 months. He won’t disclose the location of the truck. If he spent the insurance money and is broke. . .how do I get my truck fixed, and who covers the repairs.
March 30th, 2012 at 4:01 pm #Jason

Wrecked,
An insurance company may pay the shop directly but the check should include your name on it so you can sign off when the repairs are completed.

Who covers the repairs? The insurance company paid for the damage. Your transaction with the body shop is between the body shop and you.
April 2nd, 2012 at 7:34 am #Rich

Auto comprehensive claim (in N.J.), windshield repair from stone chip. My insurance covers the repair in full. A subcontracted repair technician was rushing and while he was drilling a hole in the center of the crack he slipped and accidentally slammed the drill into the windshield. The original chip and crack was approx. 1/4 inch long and barely noticeable. After the mishap it immediately grew 1000 fold, multiple cracks and now is the size of a nickle . Furthermore the sun now reflex’s off the new damage while driving.
The repair company said sorry that the risk you take with these types of repairs. Asking my insurance company for help, Later said the same thing. The insurance spokes person will not put the denied claim in writing because she says its against her company policy.
April 2nd, 2012 at 8:07 am #Hash

@Wrecked
Your name does not have to be on the check… if you signed a direction of pay with the body shop – the insurance company is out.
Your only recourse maybe to retain legal counsel and sue the body shop.
Sorry for your luck.
April 2nd, 2012 at 9:37 am #Latonya

I was involved in auto accident on March 11, 2012. The insurance company of the person that hit me has not done anything yet. I finally spoke with someone and now they are telling me that they are having issues with the policy holder due to the fact that the insurance was purchased in Texas but the policy holder now lives in Louisiana. They are telling me that the coverage may not be effective because the lady lied when purchasing the policy. My question is what does that have to do with me? If she was making her payments and the insurance was active when she hit me, are they still liable? I mean that should be a problem between them and her right? I am totally innocent in this and now it looks like I am just out of luck. They sent someone to look at damages and all, he wrote up as totaled. So does this mean I am just without a vehicle and my children and my injuries are invisible and I am to go without a vehicle? I am so confused can you shed some light?
April 2nd, 2012 at 9:44 am #Jodi M

Latonya – Do you have your own insurance? If so I would suggest that you start there. Your insurer can subrogate to the responsible party. If the responsible party’s insurer is going to disclaim coverage due to a fraudulent application then they are not liable for your claim. It doesn’t mean that the driver of that vehicle isn’t liable but the next option would be to sue her personally. It is because of examples like you have given that you can purchase uninsured and underinsured coverage when you buy your own insurance.
April 2nd, 2012 at 10:03 am #Latonya

Yes I do, and I will just go through them. I will get uninsured coverage now! This has been a headache.
April 2nd, 2012 at 5:49 pm #Jason

wrecked,
That is true – if you sign a direct pay option, you essentially give up all your rights to be able to confirm the repairs have been done correctly. There is absolutely no upside to signing a direct pay document. We as consumers need to pay more attention to the things people put in front of us to sign. A direct pay form does not need to be signed at all in order for the repairs to be completed.
April 6th, 2012 at 3:44 pm #Chad

If my car was deemed a total loss and I have a lienholder on my car. Will the lienholders share of the payout be the same amount as if I was to payoff my car without an insurance claim or would it be a lesser amount?
April 6th, 2012 at 3:47 pm #Chad

My car was deemed a total loss in an accident. Will the lienholder of my cars share of the payoff be the same as if I were to payoff the car without an insurance claim or would it be a lesser amount?
April 14th, 2012 at 9:11 am #Jim

My 2003 monte carlo was involved in a car accident while we were in the store. What happened was that when the car trying to park in front of us their engine revved up causing our vehicle to be pushed 15 or 20 feet while in park. There is external damage but our main concern is any interior repairs such as the transmission and any other unseen damages. Are we able to have the interior damages be repaired and receive money for any external damages?

Thanks
April 14th, 2012 at 10:24 am #David

both of my vehicles were parked in my drive way and broke into overnight. They got my dvd players, dvd’s, phone chargers, and now my insurance is saying they may not be able to pay me for it. I have full coverage, why would it not be covered
April 14th, 2012 at 10:44 am #Kari

David- If they are not permantly attached to the car they arent technically part of your vehicle. The contents of your vehicle are likely covered under your home or renters insurance – although it may not be enough to warrant a claim on that policy.
April 15th, 2012 at 11:24 am #Jason

Jim,
Submit your claim to your insurance company and let them figure it out.
April 19th, 2012 at 10:03 pm #Jay

I was rear ended by a driver insurred by AAA in October 2010. The driver that hit me claimed I had no tail lights and he didn’t see me. After waiting over a year for the claim to go to arbitration between his insurance company and my insurance company, my companies subrogation team told me that at the hearing AAA claimed an affirmative defense because they only covered their client for $100,000 and that this was denied so the case was reset for six months later. Can you explain what this means?
April 19th, 2012 at 10:06 pm #Barry

@Jay

Are you claiming more than $100,000 against the other party?
April 20th, 2012 at 7:44 am #Jason

Jay,
Insurance companies use arbitration to recover money from other insurance companies that was paid and should be reimbursed. They also seek to recover the deductible you incurred because of you using your insurance coverage.

For you to be caught up in the inner-workings of the insurance companies’ arbitration is over-involvement on your part. The arbitration is out of your hands and there is nothing you can do to influence it. We don’t know the specifics for resetting the case but it apparently was reset. Because of the limited information you provided, we don’t know enough of the details of the case. If you really want to know about that specific arbitration case, quiz a person handling the arbitration for your claim until they can fully explain it to you.
April 20th, 2012 at 7:52 am #Jason

Barry,
Please don’t add confusion to the question. Arbitration does not involve Jay so when you ask “Are you claiming…” is very confusing. Jay isn’t claiming anything because he is not involved in arbitration – his insurance company is.

Also, “…the other party” is not the person who rear-ended him. That party is not part of arbitration – that other person’s insurance company is.

If Jay’s insurance company is seeking more than the coverage limit, then the arbitration award will not exceed that limit. So, the answer about whether the arbitration amount is above or below $100,000 is not relevant.
April 24th, 2012 at 4:36 pm #Jay

Barry,

That is something I find odd, neither my passanger nor I made any claim for injuries. My insurance company paid about $7,000 for damages to my vehicle and trailer. On the trailer were two ATVs that were not insurred. We recovered damages to the ATVs through small claims court. We have made no further claims.
April 24th, 2012 at 5:03 pm #Jay

Jason,

As a point of information my damages paid by my insurance company amounted to about $7,000. I have made no claim for medical or other injuries.

My interest in the arbitration is two fold.
1) I have a $500 deductable that I wish to recover.
2) My insurance is being very casual about the claim and suggested they may settle for 70% because of the other drivers claim that my trailer tail lights were not working. My insurance company told me the other driver had retained a personal injury attorney and not to be suprised if I am served. If my insurance company settles for 70/30 will that leave me at risk for 30% of the other driver’s injuries if he sues?

I have physical evidence to refute the claim that I had no tail lights but my company showed no interest in using it at arbitration. I tried to quiz my companies subrogation team but they weren’t very helpful. They too seemed to think I was over-involved. You have already explained more to me than they did.

If they fail to prosecute the case properly at arbitration does that leave me with a claim against my insurance for any balance to the deductable?
April 24th, 2012 at 7:40 pm #Jason

Jay,
We don’t know in which state this accident happened. Most states are similar but not all handle liability the same. Many control what happens in regard to injuries and property damage and the focal point is 50% for most situations. Rather than get into all the details, it would be best to know your state so we can focus on that.

Also, what physical evidence do you have?

Arbitration works where each party submits their case and an arbitrator or several arbitrators decide the case.

Again, it is very unlikely you would be held for 30% of the other parties injuries and that could be clarified if we know in what state this accident happened.

Whatever the result of what your insurance company does is final. You do not have a claim for anything because they can settle your claim any way they determine is best – even if you disagree.

It would be highly unusual for an attorney and their client to sue someone in light of them rear-ending you. They have the burden of proof and that can be very difficult. However, anybody can sue anybody for almost anything this country. And if you are sued, it’s not a big deal because you have insurance and if you are sued, your insurance company would step in and defend you. This is nothing you should lose 1 minute of sleep over. First because is is very likely never going to develop and you have your insurance that will defend you (or settle if they deem that is appropriate).

A reason for the arbitration delay could be that the other insurance company wanted time to submit their entire claim because it was not concluded, but that is just speculation at this point.
May 1st, 2012 at 2:37 pm #Edwin

I recently hit a car while going through a green light (they were driving west while I was going south). They said they went through a yellow light. I have a witness to say I went through a green light but their insurance company said I am 100% at fault since I was supposed to give them the right of way in the intersection. Could I just say that they do not have a witness to say they did go through a yellow light? I think they went through a red light but have no witnesses. Any help? Thanks
May 1st, 2012 at 3:14 pm #Jason

Edwin,
Witnesses are not very reliable. For example, we don’t know enough about this witness and the weight that should be given to that person. For example, was this witness in your car? Was this person behind you in traffic, was it a pedestrian? On a bike? Which direction was the witness traveling? There are many variables to determine if the witness account should be relied upon.

At what point did you notice the other car was not stopping? That also plays a part at who is responsible for the accident.

Does your insurance company agree with the assessment of your fault level? We don’t have all the details so based on the limited information, we don’t know anymore than before you posted.
May 2nd, 2012 at 9:41 am #Jim

My total loss car insurance claim has not been fully process and now im being charged for storage fee all because they sent the letters to the wrong address when trying to get a hold of me. Am i stuck paying for it now?
May 2nd, 2012 at 10:47 am #Jason

Jim,
You are the car’s owner, right? If you are, and there are expenses incurred because of your car, you are the one responsible for them. You are not being charged storage fees because letters were sent to an address you did not update with your insurance, you are being charged storage fees because your car is being stored.
May 2nd, 2012 at 10:59 am #Jim

Jason,

So because my bills get sent to the right house but the letters don’t I’m stuck then paying because they can send bills to the right address but not letters to finish my claim go somewhere else?
May 2nd, 2012 at 12:20 pm #Jason

Jim,
Is this about your address or about the charges that your car is incurring? The charges your car is incurring is because the car is being held in storage. Your car has nothing to do with mail. Just because your car was damaged doesn’t mean you are no longer responsible for its expenses and costs.
May 2nd, 2012 at 1:06 pm #Edwin

Thanks Jason for your input. The witness I had was next to me in the left lane going south like myself. I really did not see the car and I was in the farest lane in the right lane when the accident occurred.

So far my insurance company has not completed their investigation but I assume they will side with the other party. I am learning that even though I was going through a green light I was supposed to give them the right of way. I just think they have not witnesses to say they went through a yellow light rather than a red light which I think they did.

Of top of that, when the police asked us all if we were hurt we all told them we were not. Then the passenger supposedly now is very injured and I suspect to get more money. I guess this is what happens when people get greedy especially now that I am not at fault 100 percent. I am not afraid to go through any intersection and I am so depressed that I think about it every day. Thanks again, Edwin
May 3rd, 2012 at 8:02 am #Jim

Jason,

I’m just trying to get a better understanding of the situation. I get that I have to pay for the storage of my car but it’s complicated to understand why it has to be that way. I wasn’t able to move the car where I wanted it to be, they send stuff to the wrong address, they move my car to an auction place w/o telling me (my thought is that if it’s my car, why do they have the right to move it and i am not?) I go into the insurance place and the agents don’t help me but put me in the corner w/ a phone that I call the no one evens picks up (I get the fact that total loss claim reps are busy), i have my own bank that is the lein holder call them for answers and they don’t get back to them. if you ask me, this just gets me upset and not want to get insurance period!! Finally i got an agent to help me and he can’t even get a hold of the people in charge of my claim and their excuse is that they must’ve not got the messages or email but clearly they did because they emailed the agent back once before.

But thank you for all your help w/ everyone w/ questions. It’s much appreciated!!
May 3rd, 2012 at 7:22 pm #Jason

Jim,
This is a perfect example of situations where you cannot assume others will do things for you. If you want things done, you have to do them yourself. There should not be any concern about the storage of the cost of the car when the insurance company directs it to be moved to their auction area. You might have more concern about storage than you need to be because this car is totaled and with that, the insurance becomes the owner and needs to deal with the salvage and any costs it incurs.
May 5th, 2012 at 4:03 am #david gilman

my son in law borrowed my car,he had a crash through no fault of his, the car was wrote off,can i claim from anyone.
May 5th, 2012 at 7:08 am #Jason

David,
If you have physical damage insurance coverage, you can make a claim with your insurance company.
May 8th, 2012 at 12:36 am #david miller

i was acussed of hitting a parked car in a casino parking lot.their security says they have it on tape.but they have no liscense plate number.what can they do?plus my comany denird the claim,then today the parked cars claim adjuster showed up at my house. can he legally do this? thanks for your time.
May 8th, 2012 at 10:28 am #Jason

David,
We don’t have the level of scrutiny to determine how much information they have on tape. Apparently your insurance company doesn’t believe they have enough information to conclude you hit the car. They could sue you but if they do, your insurance company would substitute itself in the lawsuit and defend you.

If you allow the adjuster at your place, he can legally be there.
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May 24th, 2012 at 7:48 pm #quietstorm

i was coming down on this street and soon as i got to this one car she pull out right by myself n keep on that she hit my left side n she didn’t have no lights on or turn lights on and there was no police call she said it was her fault n said sorry then we left then they took it to small claims without letting me know n now her insurane is sueing me n there lawer told me i have to pay for it
July 11th, 2012 at 6:39 pm #John

I was trying to park my truck in reverse in a tight spot at my drive-way and scraped a good part of the paint in the front bumper and scratched the back end of the truck. Could I file a claim for that?
July 12th, 2012 at 9:40 am #Jason

John,
Yes.
July 16th, 2012 at 7:11 am #Tracy V.

My car was in the shop (at the dealer where I bought it) for over 30 days for some ongoing repairs due to warranty and recalls. I was asked to pick it up finally. And, to bring it back at a later date for Honda engineers to come in and look into my engine problems. I did recieve a new starter and they cleaned my fuel injectors and throttle body. I left the dealer with my car. I got about 30 to 40 miles down the road and my car caught fire and was completely engulfed in flames. I got out and called 911. They came and put it out. Then towed it away. My newphew left by ambulance. He will be okay. He had some burns on his hand from attempting to open the hood. I had nothing but liability insurance. The dealer agreed to have their garage policy cover this. The insurance man was very rude on the phone with me. I am waiting for the outcome of a fire investigation. The thing is burnt so bad, I do not belive they will be able to tell much. All I know is the battery was on fire and the complete engine and all things around it are burnt to a crisp. Shouldnt these people replace my car. It is a total loss. I have been off of work and have not been able to sleep and have been very anxious due to losing my car and some of my tools that were in it. I do not know how to handle this insurance company. I had liability onlyl
From my conversations with the dealer insurance agent, I am worried they are doing their best to put the screws to me. I paid 34,000.00 and Blue Book shows about 15,000.00. I bought it brand new and paid cash. I am broke as of now.
July 17th, 2012 at 8:35 am #Monique

I was rear ended by a vehicle going on the highway. I was at a complete stop when the other drivers stated she hit the gas instead of the break. I sustained injury and have been going through physical therapy, acupuncture, and chiropractor. I had 2 MRI’s, used all my vacation time to go to appointments, missed importants events in my life due to appointments, and to later find out that the other party has the minimum insurance coverage by the state. So after my medical bills, paying my Attorney I was only left with $4000 for pain and suffering. My Attorney said that since I had Uninsured/Underinsured Motorist that they would file a claim because the other party was Underinsured. Well my Attorney is saying that my insurance company has denied my claim cause they feel I was well compensated. I still have issues with my injuries and feel like I will have this for a long time, and now after a year of going through pain, missing work, missing key events of my life I am basically being told to suck it up. I didn’t cause the accident but I feel like I’m suffering the most.
July 18th, 2012 at 5:00 pm #Jason

Monique,
Paying your attorney consumed at least 1/3 of your money relating to this claim.

It is very, very likely you signed a release that indicated you were fully compensated for this injury by the other party’s insurance company. We don’t know all the details however. If you want to go through the same thing with your insurance company and pay your attorney regardless of the outcome, you can certainly do that. It seems your insurance company has made their position clear. However, we don’t know that because we haven’t reviewed your specific situation.
July 21st, 2012 at 12:10 pm #Stevo Jeffro

Howdy,
Had a big storm here in WV and my apple tree blew over on to my 92 GMC truck, which was insured by GMAC, comp policy. well I went down and got an estimate $4900. well GMAC said that the damage was more than the truck was valued at. It was a “TOTAL LOSS” So I sent them every receipt that I had for it in the 2.5 yrs I owned it. Total $9200.00 454, TH400 and just about everything on it was replaced. Up graded brakes, and Stainless steel braded brake hoses ect…
Well the tree damage wasn’t really that bad, hood, windscreen, grill, and scratches on just about every panel cept the tailgate. GMAC came back and said your truck is valuation was 4K.
I’m moving overseas in less than 30 days. My truck and all my stuff will be packed in a 40ft can.
The country I’m going to doesn’t want a salvage title vehicle there and I have to own the truck for at least 2 yrs to bring it over. So I told GMAC that I will take less money for repairs to avoid the salvage title. GMAC persists saying that the truck is a total loss.
#1 How can I fight this?
#2 If I have to go to court I will miss my plane and I’ll have to pay a penalty for the container I already ordered and living expensive.
#3 Can I sue them for stress and all these expensive, attorney fees, plane tickets ect…??
#4 and if the truck is salvaged then I have no vehicle to drive overseas, my truck overseas will cost 15-20K.
Steveo Jeffro
WV
July 23rd, 2012 at 9:09 am #Steveo

GMAC valued the truck at 4K and I resubmitted another estimate for 3900.
Shouldn’t this avoid the “total loss” they are claming?
July 23rd, 2012 at 10:34 am #Jason

Stevo,

Let them total the truck. It’s not a big deal. That just means they are gonna pay you the value for it and not the repair that would be required.

Then you buy the truck back from them as salvage. This way, you get to keep the truck and they already have it sold for salvage.

The vehicle is a 1992 and it’s 20 years old. Generally, titles don’t have to be marked as totaled for vehicles older than 7 years and that should apply in your case too.
July 23rd, 2012 at 2:26 pm #Steveo

WV requires that the title be marked salvage, As ststed I can not take a salvage title ute overseas.
July 23rd, 2012 at 2:42 pm #Jason

Steve,
That is correct, WV requires all vehicles that are totaled to be reinspected and titled that way.

As far as the insurance company, they are doing exactly what you contracted with them to do. Your vehicle has damage and they are moving forward with the only reasonable settlement option. Suing the insurance company would not help you with this situation.
July 23rd, 2012 at 5:53 pm #Carolyn

My grandson(30 yrs old) drove our truck..he is on our policy. He had an accident and was rear ended. He was given a citation for improper lane change. The driver of the other car said he braked in front of her. A witness also stated this. He said he changed lanes properly and she came up on him fast and hit him. Our ins co is saying they may not pay on this claim if they think he did it intentionally. I am at a loss as to what to do. I believe my grandson ..please advise
July 23rd, 2012 at 8:46 pm #Jason

Carolyn,
There is nothing you can do. We don’t know what happened and it seems your insurance company is getting the details to determine that.
July 23rd, 2012 at 10:03 pm #Jerad Gorney

I purchased an extended warranty on a Ford Escape. 1.5 yrs later transmission went out. Just traded it in and was told by Ford that I do not get a pro rated refund because we made a claim. Even though it was THEIR crappy product that went bad. Is this legal for Ford to do? Do most extended warranties get voided if you make a claim? Here is the working in the refund section of the warranty:

“If the Selling Dealer receives a written cancellation request, including a copy of Your Application, proof of payment and statement of the odometer reading, after the 30th day or a claim has been filed at any time during the term of this Agreement from the Signature Date the Selling Dealer will divide the purchase price You paid for the Agreement by the number of miles or months of coverage provided by this Agreement, whichever is greater. The Selling Dealer will multiply this dollar amount by the unused miles or months, whichever is less, and refund this amount (“Pro Rata basis”) less paid claims to You or Your lender, minus a $75 processing fee for each plan cancelled”
July 24th, 2012 at 2:29 am #Steveo

Jason,
Thats right They need to be doing what I contracted them to do. I provided them with an repair estimate lower than there, I have a copy of there valuation and they need to fullfill there contract. If not I will sue GMAC in a Ritchie Co WV. court of law for “Breech of contract” And Insurance Bad Faith If they take unreasonable amount of time paying my claim.
Steveo
July 24th, 2012 at 6:34 am #Jason

Steveo,
Even if your second estimate to repair was $3900 and the vehicle is valued at $4000, they will still total it. If the expected cost to repair is 70 to 80% of the valuation, it will be totaled.

You can sue them but you would be wasting your time.
July 24th, 2012 at 6:39 am #Jason

Jerad,
Either you copied the wording incorrectly, or it is originally confusing. It seems the contract should have been canceled and refunded at the time it was first used. Perhaps someone that knows contracts, like an attorney, can assist you.
July 24th, 2012 at 10:51 am #Yolanda

i took my car to a mechanic he destroyed my car i took him to small claims court won the judgement but now the car lot want me to pay for the damages the mechanic had did, on the car. I cancelled my policy with one insurance company for about a month but it was the month the mechanic had my car and during that time i found a cheaper insurance company and that car was insured under them for about a week and so they informed the car lot that i was not insured with them at that time so now they want me to file a claim with the prior insurance company and then call them (my now insurance company) and give them the claim number i don’t understand what they are doing.
July 24th, 2012 at 10:55 am #Yolanda

I was having my car repaired by a well known mechanic he destroyed my car i took him to small claims court and won now the car lot wants to go after my insurance company to pay for the car, and I had cancelled with them and switched insurance companies I don’t understand what they are doing now my new insurance company is pressing me to file a claim with my old insurance company. why?
July 31st, 2012 at 10:10 pm #Kimmie

Have insurance on a restorted salvaged title motorcycle. The motorcycle has been deemed totaled, which I agree with. The insurance company is telling me that since it’s a restored salvaged title I will only recieve 50% of what the bike is valued at. This seems a little extreme to me and I’m wondering if there is legally a percentage that has to be paid. Can Progressive really do this?
August 1st, 2012 at 7:27 am #Jason

Kimmie,
Yes, they can.
August 25th, 2012 at 8:50 am #Anthony

Hi Jason,
My car was recently hit pretty hard by a police car responding to an accident scene. My car was parked in a lot at the time. The officer was speeding and lost control. We have written statements from witnesses to attest. Anyway, my car is being repaired for around $13,000 and my insurance is paying the bill (NJ Manufacturers Ins.). Now I am paying the deductible ($500), and my car is now going to be worth much less due to it’s diminished value.
The Officer told me that the police department is self insured and would take care of the damage, but my adjuster said that the police are protected from damage claims when on duty. I believe that I can collect my deductible from the township but I would like to claim the diminished value also! It will probably be several thousand dollars. However, I am told that they will only pay the deductible. This is Holmdel Township, NJ by the way. How can they get away with abusing innocent people? It’s only fair that they correct what they did, since they were at fault and turned my world upside down! What do I do? Will an attorney be able to help me?
August 25th, 2012 at 9:25 am #Jason

Anthony,
In NJ, you have to prove diminished value and once you succeed with that, they you have to prove how much, if any, applies to your car. These are a very difficult hurdles to overcome.

You indicate it’s going to be “worth much less”. How do you know? What amount is “much less”?

If you want to pursue a diminished value claim, you will require a lawyer. Whether you win or loss the battle concerning DV, you will have to pay your attorney for his time.

If he is able to prove diminished value, will that amount be more than the attorney fees? As you can probably tell, we are not a big proponent of DV because it is so vague and difficult to prove.

If the damage to your car and it’s entire repair being paid by insurance (or the township) has turned your life upside down, then suing for DV is really going to send your life into chaos.
August 25th, 2012 at 1:23 pm #Anthony

So Jason your suggesting I lay down and allow the township to walk all over me? The car was worth about $30,000.00 and was in perfect condition. Realistically, who would pay that for a performance car that had the whole front end repaired? Im not sure yet but it may well be worth ten thousand dollars less ( of course that would make it worthwhile even after attorney fees).
I appreciate the advice, it is sound. However I do plan on claiming the diminished value as it is only fair that I am compensated for that value. What if I had no collision coverage? Would I be out of a car altogether?
This guy was speeding like a maniac responding to an accident that already happened, not a crime in progress! That’s just not sitting right with me Jason- I’m ready for a fight with the township because its more for the principle now
August 25th, 2012 at 6:10 pm #Jason

Anthony,
Many governmental entities have immunity for things that happen in the course of their service to the community. That may be another hurdle you may have to face.

If you want to spend money on an attorney, that is up to you. The end result of battling with a governmental entity may have you ending up being on the short end, not once, but twice.

I don’t know how you arrived at $10,000. How will you prove that? I could imagine if you didn’t get it repaired that it’s diminished value would be around $10,000, but since it will be repaired, it’s reasonable that it would be much, much less but I don’t know what amount it would be, if any.

All cars are assembled from a nothing. What happens when a repair is completed to a car, it is taken apart and re-assembled and the damaged parts are replaced with new ones. The difference is one method is done in a factory and the other is done in a body shop.

You have insurance for your property to protect your interest in the value of that property. If you didn’t have insurance coverage, your concerns would be a little different than they are at this point.
August 25th, 2012 at 8:45 pm #Anthony

I understand Jason.
Thank you so much for your help.
August 27th, 2012 at 10:14 am #sher

Hello I have a question i need help with the questions i have no one knows exactly and just giving me different answers. A couple of weeks ago I was involved in a six car car accident. Basiclly I was the last car but was able to avoid the car from my view point started the pile up but I could not avoid the car that they totaled. With that being said i damaged my car and also hurt my leg. So the question is can I file a claim against the person that caused the accident? I dont kniow if you know but anything will help.
August 27th, 2012 at 10:24 am #Jason

Sher,
If you hit a car that was involved in an accident you are technically one of the drivers involved that caused the accident.

Multi-car accidents can get complicated and you can file a claim against any driver you want. Considering you one of the people that hit another car, it likely will not be a successful claim.
October 4th, 2012 at 5:36 am #Grace

Hello,

My daughter and I were in an accident this September 14, 2012. We were heading east on a two lane oneway. I was riding on the right lane and another vehicle was on my left. As we were heading on the right of way road a truck decided to cross over and according to the police report the person had failed to make a yield on a stop sign. The result was that by the time I knew it the truck was right in front of me. It was a split second to react, but it was unavoidable to crash into him. At the time of the accident it was during one of the highest traffic flow. The driver from the other truck yelled at me if we were ok, and said that he had not seen me only the other vehicle aside of me and that he thought he would make it across the road. The impact was so hard that it made me and my daughter daze and had some injuries on ourselves. We took the ambulance to the hospital because the fire dept. personnel suggested that we should get checked since my daughter was hit on her face with the glass on the viser and I had smashed the front windshield with my arm. Both airbags were deploited. My car is totalled according to the other insurance adjuster. The lawyer that I had made my contract with had told me in person and writing that she would help me with everything including my losses. No that I have made my statement through a phone interview with the adjuster from the other party’s insurance. They are blamming me for 20% at fault. Now my lawyer says that I am on my own about my losses on my vehicle. The adjuster from the other party’s insurance wants for me to go and pay my 20% of tow and storage of my vehicle and for me to get it out of there and that they will only pay up to yesturday which was Oct. 3, 2012. If the vehicle remains in the storage they will not pay any further fees. My lawyer said I needed to do this on my own. My questions is: If I go and pay the 20% and take my vehicle out of storage. Does this mean I am admitting at fault 20%? When I know I am not at fault at all and also the police report states that it was his fault? Please help me 🙁
October 4th, 2012 at 8:01 am #Jason

Grace,
Generally, all accidents can be avoided if at least one of the drivers is paying attention to their surroundings. It is very common for both drivers to be responsible for the fault of an accident and that is why percentages are assigned.

An example of a non-at fault driver would be someone that was rear-ended.

In a sense, you would be admitting your fault at 20%. If you don’t want to do that, submit a claim with your insurance company and pay your deductible. Your insurance company will collect from the other insurance company, including your deductible, and will send you 80% of your deductible back.

Why would you take your vehicle out of storage? If the vehicle is totaled, the insurance company should be taking possession of it after you send them your title.
October 4th, 2012 at 9:36 pm #Grace

Thx Jason,

I dont feel responsible 20% because at the point where it happened there is a building that covers the street where the vehicle came from. There on the side some cars park. When I use that street to cross over to the other side I always take alot of precaution and since there is always alot of traffic flow there I make sure no vehicles are coming. I was coming on the slow lane on the right of way street, my car was a grand am, and the other vehicle that was riding next to me was a big truck. I saw that he slowed down a bit and then that was when I saw this other truck crossing right in front of me I braked and I am lucky the vehicles behind me did not crash into me. I braked as much as I could in those split seconds and tried to avoid the impact, but I had no where to turn or move to so we hit. But you are right I might think to use my insurance since I live check by check and have not money to replace a new car.

🙂
October 19th, 2012 at 3:14 pm #Andrea Saunders

I was in a car accident a year ago, where I was going through a green light and a car turned right in front of me. It was not my fault and luckily a police car saw the whole thing and stated so. But, the other insurance company AAA says that they wont pay for he gas and wear and tear on my car for me to get too and from doctors appointments and that I wont get paid for all the time that I am at the doctors because I am a stay at home mom. To me a stay at home mom works just as much as any other job if not more. Shouldn’t I be reimbursed for what child care and such would cost?
Any help would be appreciated. They are really rude every time I talk to them and I am worried I am going to have to get a lawyer.
October 19th, 2012 at 5:28 pm #Jason

Andrea,
If you paid for child care to attend the doctor, then you should ask if they will reimburse you for any incurred child care expenses. If there were not child care expenses, the insurance companies don’t reimburse for what the expenses could have been – they reimburse for the expenses you actually incurred.
October 24th, 2012 at 4:41 pm #Shana Isak

My car was rear ended at a red light. The driver who hit my car took the fault and his insurance company AAA took the responsibilty. They totalled my car and offered me a settlement which is about 1000 below the FMV in my area.When I declined the ossfer, the adjuster told me that there is no room for negotiation, and since I am declining theoffer, she will cancle that, issue me a check for salvage value and will send the car back to me. Can they do that? and she said , if I dont l;ike that , then I can go through my insurance company. I had also filed with my insurabce compnay and my adjuster told me that , their value is lower than what AAA is offering. Now AAA is saying also that since I am getting my car back as I ahve not agreed to thier offer, they will not want the car back now so the salvage value is what I have to take….please advise what options I have . Thanks
October 24th, 2012 at 4:48 pm #Jason

Shana,
You already know what your options are. 1. You can settle with your insurance company. 2. You can settle with AAA.

You might want to make a decision so you don’t end up stuck with a damaged car – unless you want the car for some reason.

You really have to examine what you are talking about. You said AAA is $1000 less than market value and then you indicate your insurance company is even less than AAA. We would conclude your perception of your car’s market value is flawed.
October 30th, 2012 at 12:53 pm #Amy

I was hit by someone driving a Hertz rental car. The other driver was at fault – made a right turn from the center lane – and was cited by the officer at the scene. Before I left, I asked the officer if I needed to collect insurance information from the other driver (I had not spoken to him prior to the officer arriving because he was somewhat agitated), and the officer told me everything I needed would be in the accident report. When I got the report, it only had the insurance information for Hertz and not the driver’s personal policy. Hertz is telling me they are not liable unless the other driver doesn’t have a personal insurance policy. They have no information on file for his insurance, and the phone number he gave the officer is not in service. How can I find out if he has insurance, and is the burden on me to prove that he does not before Hertz becomes liable? Any help would be appreciated.
October 30th, 2012 at 1:19 pm #Jason

Amy,
Turn this into your own personal insurance and let them settle the damage to your vehicle. Then you don’t have to figure out if this other person has insurance. You won’t have to prove anything to Hertz, and you can let your insurance company deal with getting reimbursed by this other guy’s insurance for what they pay for this accident.
October 30th, 2012 at 1:39 pm #Amy

Jason,
Thank you, but I should have mentioned in my earlier post that I don’t have collision coverage, so that is not an option. My insurance company has been helping me contact Hertz, who simply ignored my many phone calls, faxes, and emails, but I can’t file a claim with them for the damage. Any other ideas?
October 30th, 2012 at 2:06 pm #Jason

Amy,
The simplest solutions don’t work if there is no collision coverage under your insurance. Hertz very likely will not have any information about this guy’s insurance because it’s not necessary to rent a vehicle in most states.

With the information on the police report about this guy, you can sue this guy for the damage and if he has personal automobile insurance coverage, his insurance company will become involved to defend him when you sue him. That is probably going to be the only way you are going to find out if he has insurance coverage.

Because you don’t have collision coverage, your insurance company won’t be doing anything for you and the fact that they assisted you in contacting Hertz is way above the duty that they generally provide to people.
November 19th, 2012 at 1:42 pm #Lissa

My question is for CA in case it makes a difference state-by-state.
If an owner opts to keep a car that was declared a total loss by the insurance company (engine damage from vandalism), and the owner has the damage repaired by a qualified mechanic, can the salvage title be reversed to a regular title? Or, is there a way the owner can have the engine repaired before the salvage title is placed on the car thereby allowing the car to maintain the clean title?

Do you know if any insurers would allow collision or comprehensive on a car such as the above if a qualified mechanic certifies that the damage was totally repaired?

Thank you!
November 19th, 2012 at 2:29 pm #Jason

Lissa,
The state makes a difference. In CA, the title, which is the certificate of ownership must be replaced with either a salvage certificate or non-repairable vehicle certificate and then that certificates serves as the ownership title.

If the insurance company takes possession of the totaled vehicle, they have 10 days to obtain a salvage title after they settlement the claim. If the owner, such as yourself in this case, retains the salvage vehicle, by law you have 10 days to obtain one of these certificates.

There does not appear to be any way legally to have the engine repaired the way you are suggesting.

You would have to ask specific insurance companies if and how they insure vehicles that are determined to be totaled.
November 19th, 2012 at 8:15 pm #Lissa

Jason,

Thanks so much for your reply and information!
December 8th, 2012 at 11:28 pm #Patty

I’m an insurance agent in the Commonwealth of Pennsylvania, and have been practicing for 8 years in PA and previously 15 in New Mexico. I was informed by an auto mechanic that an auto claim can be denied due to bald tires on a vehicle. I told him that I never heard of such a thing. In the event of a comp or collision loss, I’ve heard of the actual cash value of a tire depreciating due to wear and tear, and naturally, a bald tire would hold little to no value. But I’ve never heard of a Bodily Injury claim being denied because a vehicle had bald tires. Can anyone refer me to case law that sutantiates this statement?

Thank you for your help!
December 9th, 2012 at 7:47 am #Jason

Patty,
There is no case law for this because the mechanic is a misinformed person. Please don’t believe everything you hear from people, even if they say things to you as if they believe it themselves.
December 30th, 2012 at 11:09 am #Andres C

I just had an accident in which my car seemed to have some sort of engine fire. It is a Mercedes Benz so I will presume and engine will be costly. Will an engine fire in a collision cause an automatic “total Loss” since I would really like to have the car fix. Also, how do insurance companies work in the case of leases since my care is a lease that is about to expire in June.
December 30th, 2012 at 11:43 am #Jason

Andres,
There is no such thing as and automatic total loss. The cost of the repairs will be compared to the value of the car in making a determination to repair or total it.

Insurance companies work the same way with leases as they do for owned cars. The car gets damage and the insured gets money to get it fixed.
January 2nd, 2013 at 10:18 pm #Luis

Hello and thank you for reviewing my question, recently the insurance company totaled my vehicle as a flood damage vehicle due to hurricane sandy I told the adjuster i would like to keep the car, He’s telling me that because NJ Law if the vehicle had came in contact with salt water they are not allowed to let me keep my vehicle how true is this? is there a way i can keep my totaled lost vehicle it is a lease if that makes a difference
January 3rd, 2013 at 7:17 am #Jason

Luis,
I’m not aware of any NJ law that your are not entitled to buy back the salvage. Regardless, the car would have a salvage title. Technically, you are not the owner if it is a lease because the owner is the company you lease it from. Keeping a saltwater salvaged vehicle is not a good idea because of the long term damage that will keep affecting the care due to corrosion issues.
January 4th, 2013 at 9:01 pm #Mark Long

I sold my motorhome ($59,000) to a buyer whose check bounced. I am now unable to locate the buyer or motorhome.
I sent the buyer a certified letter & copy of bounced check and haven’t heard from him (I do have the signature card from USPS that it was received). My question will “my” insurance company pay for my loss? I still have insurance on the motor home. What legal rights do I have other than small claims court? I still am making payments on motorhome as well as insurance but don’t have the motorhome or ability to pick it up because location is unknown. His bank just stamped “insufficient funds” on check and sent me a copy. I live in Florida but the buyer lives in Alabama.
Thank you in advance,
Mark Long
US Navy (Retired)
January 4th, 2013 at 9:10 pm #Jason

Mark,
You willfully entered into a contract to sell your motor home. That transaction was completed when you accepted the check and delivered the motor home to the buyer.

The insurance company excludes this kind of interaction as a covered loss.

The only concern now is that this person gave you a check that was not honored by his bank and his account. The only remedy you may have is legal action to recover this. Technically the other person committed a crime but it is rare that police will investigate further than a report. The police consider this a civil issue that didn’t turn out to both party’s satisfaction.

Prosecutors usually won’t prosecute unless this individual has other activities that can be combined together to make their prosecutions worthwhile.
January 8th, 2013 at 5:10 pm #VP

My car was totaled a couple of months ago by the red light runner. He was the only person charged by the state for the accident. No injured, just property damage. I have only liability for this car so I filed a claim with his insurance company. My car is still running fine, but it is 20 years old so it was totaled by his company adjuster. They sent me their first offer, no surprise playing lowballs. And also sent me a couple of more requests asking the signed vehicle title and Security Interest Filing “in order to process your claim further”. I did my research, used KBB to valuate my car, and added similar samples from Autotrader and attached copies of invoices for recent repairs and parts installed recently. Sent all this by priority certified mail with my counter-offer letter requesting in case of denial explain in writing why. I decided the title will send them later after we agree on value. USPS confirmed delivery more than a couple of weeks ago, but the Adjuster is keeping silence since. Left her already several phone messages, no response. So, I have a couple of questions, i) did I do something wrong that allows them to ignore my counter-offer, say, should I send them the signed vehicle title as they requested? Didn’t want to do that before we agree on value; ii) what could be further options in my situation? Some people recommend hiring subrogation company, like Cerberus, but I’m not sure.

Thanks for your help.
VP
January 8th, 2013 at 5:36 pm #Jason

VP,
The guess of the year of your car is a 1992 model if it is 20 years old. If the average amount of miles is on this car at 13,000 per year, the car has 260,000 miles on it.

Regardless what make and model of car this is, it’s value can be determined rather effectively and that value is not very much.

You are allowed to make a counter-offer and they have to respond to that because their interest is to settle the legitimate claim you have against their insured driver. Time is on their side in this endeavor because you are the one that has the damaged car and not the insurance company.

What if you modified your counter-offer to include the monetary sum they offered and you also keep the damaged car? This is just a suggestion since the car still runs.

And no, don’t send them your title until you and that insurance company arrive at a mutually agreeable outcome.
January 14th, 2013 at 7:59 pm #AJ

On New Year’s Day my 2011 Chevy Cruze skidded off a highway and down an embankment of rock and wet grass and was, understandably, totaled. Right now I’m shopping for a new insurance company for coverage for a 2007 Honda Civic and a couple of the quotes that have come back are twice as much as my payment for the Cruze! I filled out the form for an online quote through one major company, adding an at fault accident to the driving history section, and it came back with a very reasonable (at least in my insurance-uneducated estimation) quote. But I’m starting to get concerned because when I called one company to talk to their representative, she found that my current insurance company had not yet filed the incident to my record and when the quote was redone through her system factoring in that report it went up $300 from the previous quote from the same company. When the incident report from my current insurance company is added to the record is it going to effect the “reasonable” quote I received online from the company? And, do insurance companies take circumstance into consideration when providing you with a quote? I could understand a huge hike in premiums if I had been drinking but it seems retaliatory of the insurance companies to double the rates for hitting a slick spot on a road or losing control if a tire blows.
January 14th, 2013 at 8:13 pm #Jason

AJ,
Just to be clear, do not look for insurance online. The online insurance market is a total different beast than local independent, and captive, insurance agents. Take your time and visit a couple different captive, and independent, agents in your local area. You will find a world of difference and the results locally will all be better than any and all quotes you receive online. Your best bet will likely be with an independent agent so concentrate on that.
January 15th, 2013 at 9:15 am #Jason

AJ,
For clarification, captive insurance agents are those that represent only 1 insurance company. Examples of those agents are State Farm, Allstate, and Farmers agents.

Independent insurance agents are able to sell insurance from several companies and can compare differences between those many insurance companies for the best coverage and rates.
January 16th, 2013 at 7:41 pm #Ben

Bought truck from Friend insured it threw Geico but never transferred into my name ,Policy is under my name but will they still pay me or will they make check payable to my Friend ? Geico asked me to transfer to my name but state won’t let me cause truck is reported stolen.
January 16th, 2013 at 7:53 pm #Jason

Ben,
Insurance and who gets paid is the least of your worries. Take care of the stolen issue before you even think about insurance. Prior to getting the stolen issue worked out, you may not want to operate the vehicle in any capacity.

There are obvious concerns here. It doesn’t matter if you knowingly purchased stolen property or you acquired it without knowing it was stolen. If the vehicle is stolen, then you have no ownership interest in the vehicle – only the rightful owner does. The answers provided on here won’t address topics that involve activities that circumvent state and federal laws.
January 16th, 2013 at 8:02 pm #Ben

I am sorry I did not state that vehicle was stolen from me and had owner ship of said vehicle with full coverage but never transferred title into my name can claim be denied because of said fact ? state won’t transfer title because it has been reported stolen.
January 16th, 2013 at 8:14 pm #Jason

Ben,
You cannot claim a vehicle to be stolen if you do not own it. You have no claim to state that it was stolen. So, what you are asking cannot be answered until you take care of the “stolen” status on the car. Before you decide to entertain insuring the car, you need to become the lawful owner. Until then, insurance is not a concern to you or anybody, except the legal owner.
January 18th, 2013 at 8:34 am #Deana

Hi!

I had a question.

I was going straight during a green light, and someone turned in front of me. His insurance only accepted 65% of the liability. For some unknown reason, they say I’m responsible for 35% of my $1,000 deductible. I requested to know what the 35% is for, but haven’t heard from them yet. Meanwhile, I just received a check in the mail that says “Payment for the damages in full” for $650. It is my understanding that my insurance is going to send this to arbitration to fight for the other 35% that I shouldn’t have to pay out of my pocket.

The question is: SHOULD I HOLD ON TO THE CHECK and NOT cash it until the case is settled? I feel like cashing it would be accepting of the 35% liability.

Please let me know your take on this.. Thanks!
January 18th, 2013 at 8:50 am #Jason

Deana,
If you settle with the other insurance company, it seems the damage to your car is $1000. You will receive $650 for your $1000 damage.

If you settle with your insurance company, you will pay your $1000 and your insurance would not be called to partake and your insurance company may or may not collect 65% of your deductible which would be $650 (in order to return it to you.

The 35% is for your contribution to the accident by not reacting to prevent the accident when the other person turned in front of you. Cars turning in front of other drivers requires lookout and reaction time in order to avoid the accident.
January 18th, 2013 at 9:03 am #Jodi

Deana –

I agree with Jason. Very rarely do you find any type of intersection accident where one party is found to be 100% at fault. Every driver has certain duties to maintain lookout and drive in a safe manner. The percentage of fault hinges on information such as if you broke, swerved, honked, etc… and typically those ascertions need to be supported by witnesses.

As Jason notes – you can make a first party claim with your insurance carrier and you will beout of pocket the entire deductible until your insurer completes arbitration with the adverse insurer. Then you will receive a portion of your deductible returned to you. That could be 35% or more…or less. That all depends on the arbitrators decision.
January 18th, 2013 at 9:53 am #Jason

Clarification:
There are basically 3 levels of arbitration. The first is the agreement arrived by each insurance company’s claim adjuster and is fairly informal. The second would be a decision by a third party arbitrator who makes a binding decision using the evidence provided by each insurance company adjuster. The third is based on a decision by the judge in a court action.

Primarily, the first level is almost always reached between the different company adjusters. When the adjusters initiate the second level, that is done when the adjusters can’t agree to the appropriate assignment of negligence.

The third level is only used when there isn’t an arbitration agreement binding the 2 insurance companies in which a third party arbitrator is used.

Most assignments of negligence are decided by the first level. The second level may address between 3-15% of liability assessments. The third level is likely used in less than 1% of liability assessments. (These percentages are only used as a baseline and are used to illustrate that most arbitration is done informally.)
January 18th, 2013 at 5:16 pm #Deana

So, I understand all of that.

But I still don’t think I’m at fault. The other party told me that the lanes to my left signaled for him to turn and he trusted them and said he didn’t see me coming down the 3rd lane (far right lane). So, imagine the left two lanes are in traffic and my right lane is moving. He crossed in front of the left two lanes that let him go, and he didn’t bother to see if the 3rd was clear to cross. Obviously it wasn’t clear. I had ZERO time to react. I did brake and blow the horn, but he flew out in front of me. I don’t understand how I’m supposed to react faster than I did.

So, I did go through MY insurance. I paid the $1,000. Just got $650 back, and fighting to get the other $350 by going to a 2nd level arbitration (3rd party mediator).

SHOULD I HOLD ON TO THE CHECK FOR $650 until we settle the other 35% as well?

Thanks!
January 18th, 2013 at 5:29 pm #Jason

Deana,
The situation you just described are 2 lanes of traffic to your left that are yielding. That is your time to determine that something is up and you really need to be alert when the traffic around you is providing you clues that something is happening.

It also matters where you struck this car that turned in front of you. If it’s front to front, it’s less liability assigned to you. If you hit the other car on their right side, it’s slightly more. If you strike the other car near the rear, it’s even more.

Since you signaled the horn and braked, you had more than zero time to react. There is no such thing as zero time to react unless people are not aware of their surroundings while driving.

Cash the check – the decision has already been made and the liability determination has already gone through the first level of arbitration. There will be no others funds sent to you concerning this accident.
January 18th, 2013 at 7:45 pm #Deana

So, you’re telling me that I HAVE to YIELD to someone making a turn in front of people with the right of way?!?!?! That’s insane.
January 18th, 2013 at 8:02 pm #Jason

Deana,
Exactly. If a child runs out on the roadway, even though they are jaywalking, you are required not to hit the child.

Just because another driver does something wrong like turning when he shouldn’t, doesn’t give you the right to hit their car. This happens all the time. It’s called defensive driving. If you are like many drivers, there are other drivers that have yielded to you in order to prevent an accident (even though you may have been the one making the wrong move).

If you want to have the right of way in that case and you believe that is your right, then just hit the other car. That is up to you. The result will be an accident.

However, if you have have the right of way and you don’t want to get into an accident, yield to that other driver and you won’t have the headaches associated with an accident.
January 28th, 2013 at 5:38 pm #vandana

I have taken a rental card entertprise. For rental insurance,I called the citi card which forwarded the call to Master rental insurance agent.In the call me and enterprise agent wanted to know the details of the your insurance benefits.We were informed that I just need to use the card for renting the car in order to use master card rental insurance.I have not been informed that the contract should be less than 15 days.So i have taken the car for one month.If they have informed me that the contract should be less than 15 days ,I would have taken the car for only 15 days.I was misinformed and I trusted the card agent.The same details were provided to enterprise agent also.

Now my claim was denied and enterprise want me to pay $9000.Can any one help me on this how to proceed??I have no idea wat to do and can not even pay the money..
January 28th, 2013 at 6:09 pm #Jason

Vandana,
What you have through your mastercard is called MasterRental Insurance. The first line of this card benefit reads: “MasterRental is a smart way to save when you rent a vehicle for 15 consecutive days or less”.

If you rented the car for over 15 days, there is nothing to suggest to you.
January 29th, 2013 at 8:08 pm #elisha

I was driving behind a diesel on the highway, we were both in the passing lane doing about 70 (which was the speed limit) when the diesel blew a back tire on the trailer and it struck my car, rolled over the top of it and broke the guys bumper behind me. My car had $2700 worth of damage done to it. The truck drivers insurance paid for this and stated it was completely their fault… obviously. There was no ambulance called to the scene to check me or my two kids in the car, the officer took 45 mins to get there after my call to 911. I drove my kids to my moms then took myself to the ER. They told me I had soft tissue bruising and muscle spasms. I went to my dr a few days later and he told me that pretty much every muscle from my lower back to my neck was spasming so hard he could feel it “jerking” by just placing his fingertips on my back/neck.This accident was on august 3rd of 2012, I am still have terrible spasms. I have had 9 injections in my back, take daily muscle relaxers and pain killers. The spasms are getting worse… I can’t even turn my head all the way to one side or the other. I do have a lawyer for the case and am waiting for a call from a spine specialist to set up an appointment. My question is…. in what range of settlement am I looking at here? The spasms are literally affecting my daily life. When I shut the door to my van, pick up my kids, just move wrong I get sharp pains from the spasms. My job is to sit at a computer and after 2 hours I am in soo much pain I have to take a narcotic pain killer! (prescribed my dr of course). Just wondering what kind of settlement I am looking at by the time its all said and done. I know it largly depends on if the spine dr says i need surgery or if its permanent damage… what settlement range for if I need surgery and what range if its permanent? Thanks!
January 29th, 2013 at 9:11 pm #Jason

elisha,
Your condition has to be related to the tire impact to your car. That association is not created just because you claim it. That is something you need the assistance of a lawyer to establish. That causation would also have to be sold to the judge or jury. The biggest hurdle you will have with any physical injury or condition is having a judge or jury believe your condition is related to the tire incident. Your attorney has a very high hurdle in front of him to prove this.

To determine what range of value from $0 to whatever amount is impossible to determine on this forum. Your attorney should have instructed you not to discuss your claim without his knowledge and permission. That pertains to posting information on here. All your questions and concerns should only be discussed with your attorney.
February 2nd, 2013 at 3:37 pm #etienne

I HAVE A 1997 TRUCK A LADY BACK IN ON MY TRUCK I GOT NOW FARMERS INSURANCE SAID TOTAL LOST THE SAID DON’T SIGN THE TITLE WILL SEND IT BACK TO YOU WHEN THEY SEND IT BACK THERE NAME ON IT AND SAID SALVAGE REBUILDABLE AND NOTHING IS WRONG WITH MY TRUCK .WHAT DO I DO TO GET BACK MY TITLE..
February 2nd, 2013 at 3:47 pm #Jason

etienne,
Please post again without cap locks on and explain your situation in a simple and clear way. Your questions will be addressed as soon as possible when you explain what is going on.
February 5th, 2013 at 10:28 am #Will

My car run over a big pot of water on the heavy rain day. I feel there is a object that falling in that pot. It make my front bumper falling off and damage it. If I call my insurance would that be category as a comprehensive.
February 5th, 2013 at 11:35 am #Jason

Will,
It would probably not be a comprehensive event, but rather a collision event. It would be the car colliding with the roadway. The water and rain would basically have nothing to do with the damage.
February 7th, 2013 at 7:21 pm #advice

ISURANCE COMPANY : Dear Sir/Madam,

We refer to previous correspondence and confirm liability has been admitted on behalf of our insured and we have indicated we are prepared to settle your client’s claim, subject to verification of quantum. In this respect, we have requested not only critical documents in support of the claim of your client but also an assessment opportunity of your client’s vehicle.
We note that the assessment opportunity has not been forthcoming.

Uniform Civil Procedure Rule 23.8 provides as follows:

1. For the purpose of enabling the proper determination of any matter in question in any proceedings, the court may make orders for any of the following:

a) the inspection of any property,

b) the taking of samples of any property,

c) the making of any observation of any property,

d) the trying of any experiment on or with any property,

e) the observation of any process.

Accordingly, in the event proceedings are issued in the absence of a compliant assessment opportunity being provided, we will instruct our solicitors to not admit quantum, dispute legal costs, to file the appropriate Notice of Motion and to produce all correspondence to the court on the question of costs.

OUR CLIENT HAS INFORMED ME THAT HE IS NOT ACCEPTING THE OTHER PARTY INSURANCE TO A ASSESS HIS VEHICLE AS THERE IS NO DISPUTING
( ME):How do i reply to what the other insurance. as the claim has not even gone to solicitors there is no law in NSW for insurance companies to assess the other parties vehicle once it goes to hearing the judge can request it.
as in other states they can request to assess other parties vehicle.

As we are a recovery agency recovering our clients damages coursed by their client

as the reson i am asking for help as one of our employee was handling most of our clients claim with the same organisation that i am dealing with now i am doing my research to put my point across as most of our claims are with our solicitors and to me its just a waste as they are not fighting claims (disputing claims) these are straight forward claims as we are recoverying DAMAGES coursed by their client their client has stated to their insurance company that they were at fault the other party has paid his excess and i have emaild them our clients proff of loss + quotes + with assessors report +tax invoice + and colour images

if you could help me that would be agreat help or maybe you know someone that could assist me

thank you for taking your time to read
February 7th, 2013 at 7:29 pm #Jason

advice,
Your post is very difficult to follow. Please explain your situation. And then ask specific question(s). Are you representing a client in some capacity that you received a letter from an insurance company?
February 7th, 2013 at 7:41 pm #advice

1. does other insurance company have every right to assess our clients vehicle.

2.we have emailed our poof of loss + quotes + inderpendent assessors report + tax invoice + corrected quotes and colour images of our clients damgers coursed by their client
February 7th, 2013 at 7:51 pm #Jason

advice,
1. yes, if they are accepting liability, they have a right to determine what they are accepting as far as damages.

2. Although they have all that you indicated, they don’t have an independent assessment of the damage. They won’t have that until they are able to assess the damage themselves or by an independent representative that they choose.
February 7th, 2013 at 8:09 pm #advice

well thats a bit hard as our client is back on the road i dont think its nessassary for other insurance compay to assess our clients vehicle if they are not disputing
they said that once they assess or clients vehicle thats when they would send out payment as they have colour images of the damages that was coursed by thire client

so now you tell me in what law for nsw does it state that insurance companys have every right to assess the other partys vehicle if they are not disputing and they have all proof of loss and images
February 7th, 2013 at 8:24 pm #Jason

advice,
You indicate it in your post – “once they assess our clients vehicle, they would send payment.”

If the is the requirement for payment, that seems to be what they want.
February 10th, 2013 at 5:53 pm #advice

how can i fight there dession if we let there assessors assess our clients vehicle then every time we have a claim againest them there assessors would what to assess our clients vehicle

as they want to bring the law in sydney
February 10th, 2013 at 6:42 pm #Jason

advice,
Let them see the vehicle even though it is repaired. That is all you can do now and that is what they want. It seems like it would be fruitless but what would their objection be if they saw the damaged vehicle? (Who cares if it’s repaired?) Vehicles get repaired all the time and you already showed them the proof of it’s damage. You would now be showing them proof of its repair.
February 13th, 2013 at 6:04 am #Michelle

My husband’s dump truck was recently stolen. The insurance company has stated that it is a total loss. I have researched the values of like vehicles and it looks like it should be valued between $12,000 and $15,000. The claims adjuster said that when I started the policy I gave them a stated value of $8,000, so that is what they pay out will be. I do not remember making this statement, but assume they have it recorded and will request a copy of it. Do I have to accept this payment because it was what I stated previously? I am in no position to make an estimate as to how much a dump truck is worth…It is a commercial auto policy from Progressive, in New Hampshire. Thank you for any advice you may have.
February 13th, 2013 at 10:54 am #Jason

Michelle,
The $8000 is an important figure relating to your claim. It is something you declared as the amount of insurance coverage you wanted on the dump truck and that was done at the time you added the truck coverage.

Had the stated value on the policy been $20,000 and the ACV of a similar dump truck was $15,000, your policy would pay $15,000 for a total loss. The $5000 difference is the amount of excess insurance and would have been an amount you were paying premium, with no benefit of having that extra dollar amount of protection.

The most your insurance will pay is the stated policy amount of $8000. The $4000 difference of $8000 (stated value) and $12,000 (ACV) is an amount that represents the amount you were under-insured for the dump truck.

The most a policy of your type will pay is the lesser of the stated amount or the ACV of the truck.
February 13th, 2013 at 10:58 am #Jason

Michelle,
Although you said you are in no position to determine the appropriate insurance value of the dump truck, you were able to do that through research to find an appropriate value between $12,000 and $15,000.
February 13th, 2013 at 11:33 am #Michelle

Jason,

Thank you for your response, although not what I wanted to hear!

I have been able to to determine the value of the vehicle recently, since I have had the unfortunate experience of scouring Craig’s List for the missing truck, yet did not have that information while on the phone with the insurance company.
February 14th, 2013 at 4:07 pm #Joe

So I ran over a raccoon by accident and the raccoons body pushed alot of things out of place under the hood i.e. the radiator broke, fan belt was pushed against the frame, hoses were pinched and essentially it caused my car to overheat and my car did not signal an emergency warning light. I took it to a dealership and contacted my insurance agent for an inspection and the told me i needed a new engine. My engine has only 22,000 miles on it so they informed me that i need to pay betterment price of about $1600 since the total damages were over $10,000. I have contacted the dealership that my car will be serviced at the specialists told me that they have never heard of a betterment price for the engine replacement. How do i talk to my insurance policy about this? Do i fight this?
February 14th, 2013 at 4:20 pm #Jason

Joe,
In order to avoid a betterment concern, simply ask for a used engine with approximately 22,000 miles on it. That way, there would be no betterment.

If the insurance company says there are no used engines (there will be), you will have to insist that if they don’t want to install a used engine to avoid betterment, that you will not agree to putting a brand new engine in the car and the betterment amount they are indicating.

You will simply have to hold your ground on this because a used engine is feasible and that you don’t want a new engine if you are going to have to pay betterment.
February 14th, 2013 at 4:36 pm #Joe

Jason,

The dealership my car is at indicated to me as well that for my 2011 Honda that there are no used engines with anything close to 22,000 miles hence they recommended just getting me a new engine however, they havent heard of an insurance company charging me a betterment fee. If i do want to get a new engine, does that mean i am obligated to pay for the betterment fee?
February 14th, 2013 at 4:59 pm #Jason

Joe,
Technically, if you are getting a new engine, you would have to pay the betterment between the cost of the new engine and that of one that has 22,000 miles on it.

You can stand your ground and insist that the insurance company, or their adjuster, find one that has 22,000 miles on it because you have no interest in getting the new engine and paying the betterment.

Another approach is that although engines wear over time, that modern engines are made so that they are not wear items and will outlast the normal and expected lifespan of your car of 10 years.

The application of betterment is widely accepted but the $1600 amount is a very subjective amount.

You have a right to know how the insurance company is applying betterment and no matter how they apply it, you would be able to refute their calculations because engines, with high-grade oils and the modern day engineering that goes into their construction, make the engine an item that has little to no depreciation associated with it.

If your case was before a judge, the judge would agree that betterment would apply. The unknown is what the dollar amount should be for the betterment.
February 14th, 2013 at 5:12 pm #Joe

Thanks for the advice Jason, I appreciate it.
February 14th, 2013 at 5:38 pm #Stacy

LONG story short:
Car hit 4 months ago. Other driver 100% at fault. Six, (seven?), adjusters later, one actual conversation involving offer two months in. Needed to add some additional equipment in, holiday weekend, faxed in info, week later faxed letter, faxed another, constant messages left, email and form response. Car listed as abandoned. Tow company says nobody showed up to assess or ever even called. Still in rental car, (hate it). Honestly afraid to call rental company. My lawyer for my injury claim called the insurance company today and surprise, they returned his call. Left him a message actually, said they made me an offer so they are done. My lawyer,(never met him), got bitchy with me. Said I had to call salvage yard and rental company and do something. What?! I am lost. I have no idea, never ever been stuck in anything like this. Stressed out of my mind, no money, no car, no guidance. I just don’t know what to do.
February 14th, 2013 at 6:08 pm #Jason

Stacy,
You really need to get control of your situation. The car you own is your responsibility. It if is in storage, you are responsible for any costs associated with storage (and towing). Figure out a game plan and act upon it. A car in storage for 4 months is a little more than 3.5 months too long.

Take a little time out of your busy schedule and meet your attorney. That way you don’t have to say you have an attorney you never met. One would assume you would have a better client/attorney relationship with someone you met instead of just hiring one out of the phone book.

Take notes when you talk to your attorney so when he tells you that you have to do something with your rental company and the salvage yard, you can refer to it and then do what you are supposed to do. If the attorney doesn’t give you clear information, ask him to repeat it or go over it until you understand. Nobody on this forum can tell you what your attorney is attempting to relay to you.

For you to be in your rental car for 4 months is irresponsible. If you are not getting anywhere with the other insurance company, you need to submit a claim with your insurance company (if you have collision coverage) and get this resolved.
February 22nd, 2013 at 10:31 am #Mary Bell

I live in NJ was in a car accident. The car was totaled.

I was separated at the time but still listed as an insured on the title page of the policy along with my spouse.

My spouse took over the claims procedure and had the claim payment check made out to him only. After researching the claim, I found out my spouse had set up a separate bank account and deposited the insurance check into the new account.

Was the insurance company authorized to issue a check without my name on it when I was listed as an insured party? Are there any legal implications for my spouse or the insurance company?

Thank you.
February 22nd, 2013 at 11:51 am #Jason

Mary,
Technically, the payment of the claim to your spouse satisfied the obligation of the your vehicle damage claim.

There really isn’t a legal effect of what your spouse did with the money but his actions are a moral issue and you will have to work that out with him.
February 25th, 2013 at 12:51 pm #Monika

1 year ago my parent’s neighbour gave them a letter saying that 2 weeks ago my dad hit her car while parking and she just found it. She had some old car and my dad bmw with no single scratch. now when my dad sold the car he got the letter from insurance company that he have to pay for damage. she has no evidence only her picture of damage but the insurance dont want to talk to my dad just left him 7 days to pay. what do do ?
February 25th, 2013 at 1:04 pm #Jason

Monika,
It doesn’t make sense that 1 year ago your parent’s neighbor gave your parents a letter 2 weeks ago. Who is the “she” that just found it? The assumption has to be made that “it” refers to the letter.

Please re-post your question and make sure it makes sense. Also, provide details about the incident to which the letter refers.
February 25th, 2013 at 1:23 pm #Monika

sorry.. Neighbour lady gave the letter to my parent 2 weeks later she and her friend saw my dad parking next to her car. but because there was nothing on my dad car because he didnt hit her car they didnt worry about it. she must hit something 2 weeks later and tried to blame my dad. but now we dont own the car anymore and it was 1 year ago so what can we do about it ?
February 25th, 2013 at 2:43 pm #Jason

Monika,
If your dad didn’t hit their car, then he has nothing to worry about.
February 26th, 2013 at 8:26 pm #Victoria

My car was involved in a high speed/shot by police who are alleging my spouse was driving. He is on my policy but it is my car. It’s totalled but they are not even releasing me a rental at this time because they are investigating if this is covered or not. I pay for full coverage and they are being ridiculous!
February 26th, 2013 at 9:06 pm #Jason

Victoria,
If your car is damaged and you have full coverage insurance, there does not need to be an investigation of anything except the amount of damage and what it will take to settle your claim based on the damage to your car.
March 1st, 2013 at 12:35 pm #Victoria

@Jason. Thank you. I had it less than 1 year but i paid $4000 for my ’02 Dodge Intrepid (under 140K miles). How much will they give me to replace my vehicle? Since they did not provide me the rental car do they now have to give me that money as well?
March 1st, 2013 at 12:55 pm #Jason

Victoria,
Your vehicle’s current value will likely be determined by the use of a valuation company that provides values to insurance companies such as CCC Valuescope, for example. You can find out comparable values of your car by referring to a site such as nada (dot) com to review the value of your car.

The primary indicator of how much your insurance will pay for a rental is based on if you carry rental coverage, or if rental coverage is part of your policy coverage. This can be found by reviewing your policy. If you have rental coverage, it will usually be capped at no more than a certain dollar amount, such as $25/day. And if there is rental coverage, it is based on actual expenses you incurred because your vehicle was not available to you.
March 4th, 2013 at 1:56 pm #Victoria

They are claiming they have to investigate coverage. Wether or not i did something wrong and if I am going to owe any money. They say they ordered a police report and have not received it. I do have full coverage with tow and rental coverage included. I am getting really irritated with them.
March 4th, 2013 at 2:10 pm #Jason

Victoria,
The investigation as it relates to your contract is simple and it is: 1. Confirm that you have insurance in force, 2. Confirm that you carry comprehensive coverage within the policy that was verified in #1, and 3. Determine the amount of damage. When those 3 are affirmed, a payment should be sent to you immediately. There is no other investigation that needs to be done concerning your coverage.

When those 3 steps are completed, which should take no more than 5 minutes, your claim should be paid. Your insurance company is making an easy task complicated by not fulfilling their contractual obligation they have with you.
March 5th, 2013 at 9:14 pm #Greg

i dont understand why insurance takes the car when its “totalled”, if the repair cost is x dollars and the car is worth more than x they just send you a check for x dollars, so if the value of x is worth more than the car, wouldnt you just get a check for the value of the car? your paying for protection on the car, but if its totalled you just sell them the car? you should keep the car and a check for damage up the the maximum value(the value of the car).
March 5th, 2013 at 9:27 pm #Jason

Greg,
When a vehicle is totaled, the insurance pays you for the full value of the car just before it was damaged.

No matter the damage on a car that makes it a total loss, the damaged car will always have a salvage value – even if that salvage value is for scrap metal. Since the insurance pays for the value of the car before the total damage occurred, someone gets the salvage and that would happen to be the insurance company. If you would get the full value of the car and also retain the salvaged car after its damage, you would be receiving more than 100% of the value of the car just before it was damaged.

However, if you wanted to retain the damaged salvage, the insurance would determine what the salvage value is and they would give you the opportunity to buy that salvaged car to do what ever you want.
March 7th, 2013 at 7:20 pm #CHARLEEN

I purchased a vehicle over a month ago (on December m7th, 2012) and it was stolen on January n9th, 2013. I have done all the right stuff on my end by contacting the police and insurance which in turn went to claims. The last phone call I have personally recieved from them was on February 13th. Today wh0n I called I was told my car may not be covered because there was no forced entry. They are investigating the possibility of a second key even though I have informed them I recieved one upon purchase. Out of the month of having the car I only had it a little over two weeks because it had a bad altenator, a bad door actuator, a bad belt, a dying battery and the rubber seal for the rotors…they seemed to have fixed this but even all of this was stolen! What do I do in a situation like this?
March 15th, 2013 at 7:55 am #Charlene

Good morning,

My teen daughter wa in an accident and we were waiting for insurance information from the other driver since she (my daughter) was not at fault. We just finished filing the auto claim and I am a little concern about something already. I have never heard of an insurance company wanting to tow the car to adjuster instead of the adjuster coming out to the car which is not drivable. Is this normal practice or I see problems down the road especially if we do not want to use the shop the adjuster is located at? I believe I was given 3 to choose from.

Thanks in advance for your time and outlook on this matter.
March 15th, 2013 at 8:24 am #Jason

Charlene,
If you have collision coverage for your car’s damage, you should use your insurance coverage. This cannot be expressed enough if you are already having concerns with the other insurance company.
March 16th, 2013 at 10:49 pm #Charleen

I wasn’t in an accdent, my car was stolen from the street outside of my home during the night. t has been almost two months with no real direction as to what to do. The claims is uner investigation bcause I had one key and there as no forced entry whatsoever. I had my car for two weeks, maybea little more for the month that I owned it because the dealership sold me it with a bad altenator, faulty door actuator, missing rubber sea to he cv join and a bad belt. They clamd to onlyhave one key and get this….the dealership found my car behind an abondened house! I have no clue why I am under investigation and the cops are telling me it is CHP’S job to handle while CHP is tellin me its the cop’s job. I am so lost and confused as to what steps to take next in all of this….
March 16th, 2013 at 11:03 pm #Jason

Charleen,
If your car has been recovered, why do you have a concern about your claim progress? You didn’t indicate there was any damage to the car so your concern is not understood.
March 18th, 2013 at 5:45 pm #Lisa

I live in California and I was cancelled for non payment of my premium. My six month renewal was due on 1-24-13 and I did not make my installment payment until 2-22.13. On 2-21-13 I had a glass claim for 500.00 which my insurance company paid, they confirmed coverage. I did not receive a letter stating that January and February’s installments were due by 2-24-13 or the policy would be cancelled. Had I received any notification I would have paid for both months. I discovered on 3-18-13 that my policy had been cancelled when I received a check for the payment I made on 2-22-13. I never received a cancellation letter. My policy was reinstated on 3-18-13; however, there is a lapse in coverage for the period 1-24-13 to 3-17-13.

Can the insurance company back date the policy to include the lapsed period? Can they make me pay for the amount of the glass claim? Is there anything I can do to avoid paying for the glass claim out of pocket?
March 18th, 2013 at 6:30 pm #Jason

Lisa,
Yes, that is something the insurance company can do. You have to be in contact with your agent and explain the situation to him and let him know what you want done. Ask if he can help you get to that point so you are reinstated without lapse in coverage.
March 19th, 2013 at 10:35 am #Tracy

My car door bumped the mirror of the car next to me and some plastic fell off. After taking a closer look at the mirror and the broken plastic, it appears that the mirror had sustained some damage before and there is some plastic missing. What do I do?
Police not contacted. I took pictures and have pieces. He works in my building.
March 19th, 2013 at 11:31 am #Jason

Tracy,
It does not matter what the condition of the mirror was prior to the damage you caused. You caused damage to his car and are responsible for that damage, regardless of it’s prior condition. To suggest that it was already damaged and your damage does not matter is flawed justification.

There are consequences to leaving the scene of an accident, failing to report property damage, and causing damage to property owned by others. You took the time to take photos and to save pieces. This means you are concerned about what happened. You are even aware who owns the car and that he works in the same building.

This person deserves to know who did this so he can have closure instead of knowing that people can and will cause damage without accountability.

You hold all the cards relating to this incident. Put yourself if this gentleman’s shoes. Would you want to know who damaged your car? Would you want to be reimbursed for the damage caused by someone else?

This person will probably not want to get you in trouble with the police, but it’s likely he would want to know who damaged his mirror. He might even take the stance that it was already damaged and he may dismiss the additional damage as nothing serious. But by withholding from him what happened will surely enhance his distrust of people.

The advice about what you should do is – Do what you think is right and fair.
March 20th, 2013 at 4:43 am #Ping

Is anyone there able to help my complicated questions?

How to claim auto PIP settlement and medicare/medicaid insurance? I had an accident in Nov 2011. My passenger and I went to get treatment. It also involved with medical bills. My passenger signed the settlement and at the same time the medical bill was paid for by his settlement not from medicare/medicaid. This was all handled from my attorney. My question is: Is my passenger able to claim my PIP settlement? I talked to my PIP adjuster about this question. She said since my passenger had medicare/medicaid there would be a lien against his settlement. Since he already signed the settlement the medical bills have been paid for and he’s not able to claim my PIP settlement. Is this true? I also talked to other attorneys and they told me he’s still able to claim my PIP settlement. If he did get the settlement does he have to reimburse his PIP settlement to medicare/medicaid? Or can he get my PIP benefit instead of having to pay back since his medicare/medicaid did not pay for any of the medical bills from this accident?

I have a question about my own settlements. My PIP adjuster asked me to send all the medical bills and records. I asked her for an application claim form for PIP and she never sent me one. She also said that it wasn’t required. Is this handled right? I found a claim form online and it looks like you have to sign it and date it. I don’t know why she said it’s not required… is that illegal? And also my auto insurance adjuster let third party handle my medical bills with a cap payment. It’s really confusing. For one, my PIP settlement got reduced. Second, when I sent my medical records to them with a letter to say not to share with any third parties but they did. Only I know is that I bought a policy from my auto insurance and never understood that I had to deal with another health insurance that worked for them. But my medical bills are about $18,000. They only paid $9,000 which I should be paid $10,000 according to my PIP policy. They would not pay any doctor bills in full. She said the doctor had a contract with a third party which is another health insurance. They didn’t pay in full but now the bills have to be paid when I signed the settlement. The bills would be the differences from my PIP and medical costs to me. This is a very confusing situation. Besides the medical bills, is there any other bills I can claim for PIP? A couple of weeks ago my attorney’s paralegal even called me on the phone and said if I don’t sign the release they will increase my medical bills because I have my PIP settlement. I have bad faith for this attorney and also his paralegal. They are always lying to me, saying I don’t have a PIP policy and if I have it is too late to make a claim. So I made my PIP claim by myself. If I do trust my paralegal, I will lose the chance to get the PIP settlement. That’s why I have posted a question on here because I have lost trust in my attorney. It sounds like he only cares about money for himself. He will not do any work and I’ve never even met him once. When I asked any paper work documents, they would not even mail it to me saying that I would have to drive down there to get them. They made a bunch of money from me and still would not even mail them to me. They treat me like their enemy. At the same time I have been dealing with my PIP adjuster. Who’s the one I can trust? There is no one I can trust. I don’t have any money to hire another attorney. My time is almost running out. I hope someone can give me a correct answer to solve this problem as soon as possible. I would really appreciate it. I am in Texas. Thanks.
March 20th, 2013 at 9:24 am #Jason

Ping,
PIP is first payer medical insurance related to injuries involving a vehicle. The only way someone can claim your PIP medical coverage is if you let them. The insurance is separate for each person. Yes, if medicare/medicaid paid for medical bills for him, he needs to reimburse medicare/medicaid. If your passenger has any questions, let him know that he can post a question on here.

Now your PIP insurance. For you, this is the primary insurance and if you have other insurance, they pay in a secondary manner. If your other insurance has paid for medical care relating to this accident, you are technically supposed to reimburse those other insurance companies.

Yes, your adjuster is correct – you don’t need to complete an application for PIP because your claim serves that purpose.

If your PIP insurance is involved in your medical treatment, it is nearly certain you have a medical authorization on file with either your treating doctors or through your PIP insurance. It’s standard procedure for health insurance companies to contract with others to process your insurance payments based on previously agreed upon medical cost limits. That is likely why your PIP insurance has paid less than the total bills you submitted. That is the process used to make sure invoices charged by medical providers are not higher than they should be. The payments to your doctors were the agreed amount for the total of all medical services received, or that you have reached your PIP insurance coverage limits.

There are other things that PIP covers such as lost wages or other damages but its primarily for medical expenses much like a health insurance policy.

If you plan to get rich from an accident, PIP insurance is not the means of doing that. PIP is medical insurance and it pays for medical bills incurred.

The questions I have for you is why do you have an attorney you have never met? Why do you continue to keep this attorney if you can’t trust them? The only reasonable reason to get an attorney is is you are being sued for this accident. That is very unlikely to be the case because you didn’t mention that scenario.
March 20th, 2013 at 1:57 pm #Ping

I don’t plan on getting rich, I just wanted to be treated right since I’m paying for PIP coverage and paid my premium for so many years. I think my insurance adjuster should honor those terms. I do not have another insurance besides full auto insurance with PIP coverage. I do not have medical insurance. My accident involves with my car being rear ended. My attorney settled the case without discussing with me. Since my attorney reached a settlement for the other party with other auto insurance. Sounds like it’s too late. I talked to other attorneys and they don’t want to be involved with this because I already have an attorney representing me. That’s why I posted these questions.

My attorney did not file a claim on my passenger’s medicare/medicaid. His medical bills and settlement was held by my attorney until he signed the release. Once he signed the settlement, the medical bills have been paid. So in other words, if his medical bills are not paid by his settlement he could get more settlement. I think my PIP should reimburse him, not medicare/medicaid, since he have been paid for by his own settlement. Right now what should I do for the next step? Thanks.
March 20th, 2013 at 2:35 pm #Jason

Ping,
Try not to introduce information relating to your passenger’s claim and settlement. That seems to already be concluded and discussing it only dilutes the ability to specifically address your concerns.

Through the attorney you hired, it appears he settled your claim from what you posted. Attorney’s are unable to settle your claim without your full knowledge and consent of the settlement parameters.

With your settlement from the at fault driver’s insurance, you should have enough funds to reimburse all health insurance providers including medicare/medicaid, and your PIP insurance.

The remaining money is used to pay your attorney. Sometimes there is money left over and that would be associated with your pain and suffering and that goes to you. Sometimes there is not money left over after you pay your attorney.

None of your health insurance such as PIP insurance is allocated to account for fees you pay to your attorney. Excepting the funds that are in excess of the medical bills you incurred, the amount received from the at fault driver’s insurance can go to the attorney bills, with any remaining amount, if any, that then goes to you.

Your attorney usually only negotiates a settlement for the sum of money that the at fault driver owes you for the total of your claim. Although not required, your attorney may have a hand in the reduction of money you owe to medicare/medicaid and/or money you owe to the PIP insurance company.

Since you have an attorney, and you require necessary information to understand your claim and obligations, you should really take the time to meet, or communicate, with your attorney until this information makes sense to you and you understand the entire process.

Many attorney’s base their fees on a percentage of the settlement money your receive (contingency) from the at fault driver’s insurance company. There should be no additional cost for you to meet with your attorney in order for you to completely understand your claim and the detailed workings of what is going on.
March 21st, 2013 at 4:59 am #Roger Stevens

I was in a wreck in 2008, I was a passenger. The driver never filed a claim with her insurance company, and sadly I just found out last week who her insurance company was and that she never filed a claim. They let me open a claim but then said the SOL was up since it was 4 years ago(I live in Ohio) and I only had 2 years to file a claim. I tried to explain to them that I just found out the bills were not paid because one of them showed up on my credit report. I had contacted the driver several times to get the insurance info and she would never give it to me, probally because she never filed a claim. I found out the insurance company name by calling OSP and ordering a crash report. In just 2 of the bills the total is over $33,000 The driver had a BAL of .201 and rolled the car by swerving on the road playing around and hit loose gravel. The wreck happened on 5/31/08 Is there any action I can take , maybe personal suit against driver and garnish wages and bank account, or anything else? What type of suit would need to be filed?
March 21st, 2013 at 7:47 am #Jason

Roger,
There is nothing legally that you can do about the event that occurred in 2008. The statute of limitations in Ohio is 2 years. Without having any legal recourse, there is nothing that can be done.
March 21st, 2013 at 2:41 pm #Victoria

@Jason,
I just heard from the insurance company about settlement on my vehicle (see question 900). It is a total loss. They called me with a offer. $1,700 after my deductible $750, the police dept will not give them an estimation of when they will release my vehicle from evidence so minus $451. I am so irritated. They say appraisal report is 17 pages. I told the woman I do not agree to it and they should get back to me at another time. She says they used CCC Valuescope. 2002 Dodge Intrepid under 139K.
March 21st, 2013 at 2:57 pm #Jason

Victoria,
You can look up your car’s value on nada (dot) com and see if they are in the correct range.

With that CCC report, the adjuster can put in ranges of vehicle condition between excellent, fair, average, below average, or poor. (Or similar variables) and that makes a big difference on a car’s value. The condition of the car is on the report in the vehicle description area but is hard to spot unless you are looking for it.

Most cars are in “fair” condition but many adjusters use conditions that are lower that will always yield lower values. Ask them for a copy of that report and when you find out what condition they are using, insist that they move it to at least a “fair” condition report and re-run the valuation for a settlement that you can accept.
March 22nd, 2013 at 9:33 am #Victoria

@Jason
I just checked on the condition and the adjuster did rate my vehicle in the condition the police dept left it in. It is shot up on bpoth sides, they tore out my dash, speakers and panels. Cut into my seats. My car was in pristine condition. I had it detailed by a car club that afternoon. I am going to check Nada.com right now but he definetly under rated the Intrepid.
March 22nd, 2013 at 9:43 am #Jason

Victoria,
The insurance company determines the car’s value immediately prior to the accident. The damage on your car related to the claim has no effect on it’s pre-loss value. The damage only determines that it is a total loss.

Get the CCC report and if you want me to review it, you can send the first few pages as an attachment to the orange e-mail address at the top of this page.
March 29th, 2013 at 11:41 am #michael

I filed a claim on my car and my deductible is to high. could i get hit in the same spot 3 weeks later with my deductible being lower and only paying the lower deductible?
March 29th, 2013 at 12:05 pm #Jason

michael,
Here are 2 examples for you based on what you described:

#1, first accident damage was $1005. If your deductible is $1000. Your claim payment would be $5.00.

#2, second accident of $1200.00 to the same un-repaired damage from #1 accident and your changed deductible is $250. Claim payment would be $0.00.

This is based on combined total damage of $1200 (because the first damage of $1005.00 is already encompassed in 2nd accident damage total bill to repair but since it’s two accidents, your first deductible of $1000.00 and your second deductible of $250.00 would be applied. Your combined deductibles for both accidents is $1250 and the total damage from the two accidents is $1200.00.

If you got the first damage repaired and then you were involved in another accident of $1200, then your claim payment for the new accident would be $950 based on the lowered $250 deductible.

Please note that getting hit in exactly the same place in a short amount of time is highly improbably and would raise concerns of your insurance adjuster.
April 3rd, 2013 at 3:27 pm #Lisa C.

Last week I was stopped at a stoplight and rear ended. Other driver and i exchanged info and did not feel the need to call police. We both called our insurance companies and her insurance company found her at fault.

The next day I woke up witha stiff, sore neck and had a headache that began short after the accident occured. I went to my doctor and it looks like soft tissue damage 4-6 weeks to heal.

The other driver’s insurance sent out their adjuster to look at the damage of the accident impact. The damage is in the center of my bumper. There is scratched and 1/4″ holes form her license plate holder. I worry about the damage you cannot see inside the bumper. I had previous damage on the left side of my bumper when I bumped my wooden fence. There is about a 2 1/2″ area of the bumper where the paint is cracked and the bumper is pushed in a small amount. State Farm, the other driver’s insurance, is now saying that they can only pay $170. They derived this number form the cost of the entire bumper minus what they think it would cost to fix the previous damage.

I asked about the possible damage that you cannot see and they said how could they know it came from this accident. She also said since my injury was not that bad the hit could not have been that hard. I want to get my car fixed and she said to take to a shop ASAP because the damage could get worse and the claim amount could change. I want to take it to a shop for an entire estimate inside and out. Do I still have the right to do this? How can I prove this damage if there is more cam from this accident?

Also, on the injury claim she stated that they can only pay $300 for all medical bills. I am not looking to rack up bills but what to know my rights if more injuries are found later. The agent said medicare pays for these claims and need both mine and my husbands DOB and SSN so medicare could research if a claim had ever been paid out for us on the vehicle. He was not in the accident. I guess the checks is written to both my husband and I. Is this standard?

I feel that she is pushing me to do things quickly to close the claim. I am unsure about some of her claims and need some clarification. I live in Colorado.

Thank You
April 3rd, 2013 at 6:13 pm #Jason

Lisa,
The insurance company is trying to strong arm you into settling quickly.

Regarding your injury claim, they should pay for the medical treatment related to the accident (and technically you are supposed to reimburse your health insurance for payments made for that treatment) and your pain and suffering for the 4-6 weeks you endured the pain and stiffness. In Colorado, you have 3 years to settle your claim based on CO statute of limitations. You did not suffer your injury so the insurance company can quickly close your claim for the insurance company’s convenience.

Take your time before you agree to a settlement for that and make sure it covers both your actual medical expenses and your pain and suffering.

For you vehicle damage, you can insist that the insurance company pay only for the damage they caused. If they say they can’t perform the repair without also fixing the prior damage, let them know that is not your problem.

Simply state that you only want them to fix the damage their insured caused and leave the other damage alone. They will not be able to fix their damage without also fixing the prior damage but that is their concern, not yours.

There may be crushed bumper metal and collapsed foam cushioning underneath the plastic bumper cover. That damage can only be observed after the bumper cover is removed and inspected. Insist that all damage is paid for without subtracting any prior damage. Also make sure they inspect the damage after a partial tear-down of the back bumper so additional damage is either ruled in or ruled out. The statute of limitations for property damage in CO is also 3 years.

The body shop should be able to tell you which damage is from the rear end accident. If there is questionable damage, it is the insurance company’s issue to prove it was not caused by their insured.
April 4th, 2013 at 4:18 pm #Baron

I have an sl 500 Mercedes with Rims that retail for $2500.00 per each not counting the tires. The entire set of tires and wheels retails in excess of $12,000. When i bought my policy, I was told that I had to pay extra for the aftermarket wheels. I just put in a claim for the two front wheels and tires which were damaged when I hit two potholes.

These particular wheels are no longer available which is forcing me to buy tires and wheels for the rear as well so that they will all match. The insurance company is telling me that they do not have to pay for the rear wheels and tires because they were not damaged. Do they expect me to put mix matched tires and wheels on a car that cost well over $100,000.00 ?

I contend that due to the fact that these wheels are no longer available and that I am forced to buy new tires and wheels for the rear as well, the insurance company should pay for all four tires and wheels. How does the law view this situation?
April 4th, 2013 at 4:40 pm #Jason

Baron,
Your policy provides for replacing the damaged tires and wheels because of damage resulting from hitting the pothole. Your policy is not one that requires replacement of undamaged wheels to match other wheels on the car.

The courts will support the position that your rear tires and wheels are not damaged and are not subject to being replaced at the expense of the insurance policy.
April 10th, 2013 at 11:51 am #Jessica

I needed help an wonted to no on February 13 I filed a claim where my truck got hit an I have full coverage on it because I owe for it thought a bank an in over a month an half I haven’t heard nothing from the inserance company the wont call me an I’ve called the lots of times an ask them to return my call but they won’t what do u think I should do please help.
April 10th, 2013 at 11:57 am #Jason

Jessica,
Keep calling your insurance company and ask for the claim manager or the claim manager’s manager until you get your claim settled.
April 24th, 2013 at 3:53 pm #Mimi

In Feb’2013, I was involved in a hit & run. I spoke with an attorney who later told me the man who hit me didn’t have insurance. A couple weeks went by & the lawyer contacted me & said a buddy(adjuster) of his contacted him & said the man who hit me has insurance with his company. Long story short, the adjuster denied my claim…. Well April 2013, I once again was rear ended. The lady accepted fault, appologized for smashing my trunk in & stated that her insurance will cover the damages & such. But now she told her company she only damaged my bumper, but because I don’t have the pics from Feb, I’m having a hard time proving the damages. So I asked my lawyer (same lawyer) if there was any way to get the photos from the adjuster in Feb. As he refreshed my memory on how he & the adjuster are good buddies, however he is not allowed to release the photos…. But when I called them, the receptionist told me that it wouldn’t be a problem. So I got a 2nd opinion/new attorney he call the “buddy” adjuster & was told the same thing… But all of a sudden the adjuster stated that he doesn’t have any info, then flipped back to nit being allowed to release the photos, bur seem to conveniently remember the damages to my car from Feb…. Am I wrong for feeling like the is a really big conflict of interest, is there a policy stating that an adjust is not allowed to release photos on a closed case?…. In Feb’2013, I was involved in a hit & run. I spoke with an attorney who later told me the man who hit me didn’t have insurance. A couple weeks went by & the lawyer contacted me & said a buddy(adjuster) of his contacted him & said the man who hit me has insurance with his company. Long story short, the adjuster denied my claim…. Well April 2013, I once again was rear ended. The lady accepted fault, appologized for smashing my trunk in & stated that her insurance will cover the damages & such. But now she told her company she only damaged my bumper, but because I don’t have the pics from Feb, I’m having a hard time proving the damages. So I asked my lawyer (same lawyer) if there was any way to get the photos from the adjuster in Feb. As he refreshed my memory on how he & the adjuster are good buddies, however he is not allowed to release the photos…. But when I called them, the receptionist told me that it wouldn’t be a problem. So I got a 2nd opinion/new attorney he call the “buddy” adjuster & was told the same thing… But all of a sudden the adjuster stated that he doesn’t have any info, then flipped back to nit being allowed to release the photos, bur seem to conveniently remember the damages to my car from Feb…. Am I wrong for feeling like the is a really big conflict of interest, is there a policy stating that an adjust is not allowed to release photos on a closed case?….
April 24th, 2013 at 5:01 pm #Jason

Mimi,
I have no idea why you are trying to get photos of your car. It seems like you are making this way too complicated.

The insurance company would have no incentive to release photos to anybody and because of that, you won’t get the photos.
April 24th, 2013 at 5:11 pm #Jodi

My car was stolen last week. It was recovered the next day. It had no wheels and was sitting on the ground. I am still waiting on repair estimates. Do you have any experience with what type of damage this could cause? The vehicle has rear rearend and front end damage as they backed it into my other car and fence before driving it through a fence to get away with it… So there are dents and body damage everywhere. Have you seen a car being totaled when there is an abundance of body damage? The FMV of my vehicle is $11888. Thoughts?

Thank you!!!
April 24th, 2013 at 5:18 pm #Jason

Jodi,
It is very difficult, if not impossible, to estimate damages without seeing the vehicle. The best thing to do is to review the estimate you get from the body shop.
April 28th, 2013 at 8:40 pm #Jared L

Hello,

I was involved in an at fault accident several weeks ago, I filed a claim with Geico and they cut me a check for $3557.03 after deductable. The check was made out to my name and leinholder. I did not sign the check and sent it to Toyota Finacial Services for them to endorse and sent back to me. I even wrote it clearly on the envelope for them to endorse and return to me. After waiting two weeks I realized that they must have deposited the check beacause Toyota applied the $3557.03 to future payments. How do I get the money back to fix my car ??? soo frustrating they would apply it to my next 6 months payments instead of sending it back…. please help. Thanks
April 28th, 2013 at 8:46 pm #Jason

Jared,
You can either use your future monthly payments to pay for the repair or you can call your bank and get the specifics worked out with them. Call Toyota Financial Services and find out what your options are.
April 28th, 2013 at 8:58 pm #Jared L

Thanks for the prompt reply, What do think the chances are of Toyota Financial Services cutting me a check so I can get the car repaired. It has suspension/wheel damage and not drivable. The bodyshop wants money in full no payments. Thanks again
April 28th, 2013 at 9:17 pm #Jason

Jared,
It is very difficult to determine chances or odds regarding the check. You need to work this out with your lien holder so you can get the damage repaired. It’s not an insurance concern – it is a lien holder concern at this moment.
May 9th, 2013 at 6:21 pm #Derrick Watson

My daughter, who lives in Albany NY but is from the Bronx, was involved in a rear end collision on interstate 78 where she was stopped in traffic and a car crashed into the car behind her (which was also stopped) and the car behind her ran into her. Although she was not hurt, when she tried to leave the scene after the police made out the accident report shed found that her car would not start. There was minor damage to the rear bumper but force of the collision must have done some mechanical damage and the car had to be towed. The person who caused the accident had the car towed to the dealer and now the insurance is claiming that her car is mechanically damaged due to a pre existing condition. (Timing belt was going bad). Prior to giving the car to my daughter in March, I had all motor replaced, water pumped replaced and the timing belt replaced. The car ran like it was new after the repairs that I made. Liberty Mutual is now claiming that the time belt was bad and that the fact that the car is not running now has nothing to do with being rear ended. I drove the car from Rhode Island to Albany to give it to my daughter and my daughter drove the car every day since the beginning of March. Liberty Mutual now only wants to pay for the repair to the bumper and not the fact that the car has mechanical damage. How can we fight this.? I have the repair records from the auto shop with the receipt of the repairs that were made prior to me giving her the car in March. The car has not run since the accident. Even if the car had a pre-existing condition wouldn’t the accident have made the problem worse if not caused the problem in the first place?
May 9th, 2013 at 7:24 pm #Jason

Derrick,
If you are not getting the desired results from the at fault person’s insurance company, file a claim with your personal insurance company and let them work out the details with the other insurance company.

I personally find it improbable to relate a failed timing belt to rear end damage. However, I have no knowledge of the accident details other than what you posted.
May 16th, 2013 at 10:18 pm #Yee Hon

I have a question about a broken truck tire on the highway. I got an accident which during the dark night, there is a broken tire on the highway. And the car in front of me just hit on it, and then the tire just flip to my car, and i crashed it which I had a broken bumper, and the leakage of my car. Because the car in front of me did not have any damage, then he left. I was just wondering do I need to take the responsibility of this case. coz my insurance company said this is my false to hitting an object on the road. Thanks.
May 17th, 2013 at 8:30 am #Jason

Yee Hon,
Your question is not entirely understood but I think you are asking if this accident is an at-fault accident for you. Things I am going to assume – The tire you are referring to is a part of a shredded semi truck or trailer tire. The car that was in front of you first hit the object and then you hit the object almost immediately after.

The shredded tire part is an object on the roadway and people need to avoid striking objects while driving. Since you hit an object in the roadway, this would be an at fault accident for you.
May 19th, 2013 at 6:55 am #russ

insurance denying claim before being filed based on statenents from accident
May 19th, 2013 at 7:53 am #Jason

Russ,
A claim cannot be denied unless, and until, it is filed. Until a claim is filed, you are basically getting feedback on hypothetical situations. Claims cannot be denied or accepted until an investigation of the claim has been completed.
May 23rd, 2013 at 5:47 am #Michele

My car was stolen on April 12. After the 30 day waiting period my insurance had me send them the keys and sign the title over to them. They had not yet issued me a check for the car. Last night the car was recovered in very bad shape. Now the insurance company is sayng it’s still my car. But my understanding is that since it;s been 43 days and I signed the title over it is their car. Who is correct? It was a 2012 mercedes GL550. I am afraid that they will try to fix it instead of declaring it totalled. The tow company says it’s probably totalled but also that insurance will try hard not to total such an expensive car.
May 23rd, 2013 at 6:56 am #Jason

Michele,
A vehicle like that will need about $50,000 worth of damage based on it’s approximate value of $70,000.
Unless it was burned or flood damaged, there is no way it’s going to be totaled.

You can expect to receive your keys and title back from the insurance company. It’s not the number of days or the actual signing of the title that matters. What matters is the vehicle is recovered and settlement did not conclude. It is your vehicle and you have to make sure they repair it to your satisfaction. Your mercedes dealership will make sure of that because mercedes is a different breed of car and if there is anything wrong on a 2012 mercedes, no matter how minor, it will have to be fixed or replaced.
June 11th, 2013 at 12:34 pm #Hollie

Okay, here’s the scenario. I was backing out of my children’s daycare, and looked up just in time to see the owner’s 2012 Tahoe in my rearview, not parked in a space but parked halfway into the drive. I slammed on my brakes but could not tell if the sudden jar was a result of hard braking or tapping the vehicle. Nonetheless, I pulled up to survey the damage, if any. I could not find a single scratch or mark anywhere. I went for the honest approach and went inside of the daycare and informed a worker. The owner of the vehicle was not there at the time, however I offered to file a police report anyway. The worker quickly surveyed the vehicle from across the parking lot and stated no report was necessary since there was no damage. I asked her to immediately inform the owner of the vehicle, as she did. The next day, I followed up with the owner in person and she said “No harm, no foul. No damage done.” Now, 3 weeks later, the owner has called me and claims that she took the vehicle to the dealership and there is $669 worth of damage to the bumper and fog light. I am not even sure that I made contact with the vehicle, and if I did, it would’ve been to the area between the front tire & driver door, not the front bumper. She is attempting to hold me liable, however, who knows how or when this damage occurred. Am I liable? What happens if she takes me to small claims and it is her word against mine? I really don’t believe there was any damage, no visible damage for sure.
June 11th, 2013 at 8:39 pm #Jason

Hollie,
It is difficult to assess whether or not you are liable based on the one-sided information you provide. I wasn’t there to see the impact or the lack of impact.

If she takes you to small claims, your insurance company will substitute itself in your place. In fact, if they get notice of a claim against you or suit against you, they may just pay the $670 because it’s a small amount.

However, if your insurance gets this as a claim from the other person, you will be able to give your side of the story to your insurance company and you can let them know the possible impact you made to the vehicle had nothing to do with the bumper and fog light area.
June 27th, 2013 at 11:09 pm #steve

So I drove a co-workers truck to him so he would be able to drive directly home on the way to my destination his right front tire blows and causes me to swerve and hit a pole which does break his tail light and does minor damage. He did not tell me his tires are bad and is expecting me to take responsiblity for the damage. Am I at fault?
June 28th, 2013 at 7:57 pm #Jason

steve,
A driver of a vehicle is responsible for any an all conditions on a vehicle so when you turn the key of the ignition, you should have already determined the condition of the tires and all other parts of the vehicle concerning your safety and the safe movement of the vehicle. A vehicle with a blown tire can safely be brought to a stop as long as the driver is aware of and full in control of the vehicle. The majority of vehicles that suffer a blown tire do not result in vehicle damage.
July 3rd, 2013 at 10:37 am #chelsea

while getting into my car in a parking lot a women from the car next to me, runs over from her driver side screaming, you just hit my car, your door just hit my car. I denied it, and after realizing us going back and forth was getting no where, I said, well it there even a mark, her car was covered in salt (it was winter) and she wipes off the exact spot where there is a small scratch. she had already seen my liscence plate, and since I had to be to work, there was no point in going back and forth I gave her my name and phone number, and she took my plate number. I begin to pull out the parking lot, but after less than a minute, I decide to go back and take a picture of the scratch, so I turn around, watch her, by herself, get her purse, a cart and go into the store. then I go take a picture. I spoke with her insurance and mine, saying what happened, and saying I will not honestly admit to hitting her car, I did not see, hear or feel my car door hit hers, but there is a scratch and I was next to her car. my insurance company denies her claim, and now I get a letter from her husband saying she is suing me and has a witness who says they saw everything and came up to her after it happened (which I know is a lie, because I turned around and took the picture). what do you think will likely happen if we go to court?
July 3rd, 2013 at 11:22 am #Jason

chelsea,
The letter sent to you means nothing. The only thing you have to worry about is a summons and complaint and you being served or sent those documents by certified mail.

If that happens, turn the paperwork over to your insurance company and they will substitute themselves in your legal position and defend, or attempt to settle, the concern.
July 7th, 2013 at 9:23 pm #Dollie

I went to Lowe’s 7/2/13 as I was returning to my car, my front bumper was all peeled back, the store security man said he was ready to come locate me. A man in a 1999 GMC pickup had side swipe my new Honda Accord with 965 miles on it. He was pulling his trailer & forgot he had it on the back of his pick up. He called his insurance company Liberty Mutual from the parking lot & gave them all the information. I took the car to Honda & they advised me to take the car to Precision Body Works the estimate is 2,420.25. I don’t want a new wrecked car. I want a new one. It will be on car fax that my car has been wrecked. And now it’s not worth even what I paid for it 22,314.50

My bumper has to be replaced the right front fender, the head light, & door, hood, & bumper all has to be painted. I think the insurance should take my car & pay me to buy a new un scratched, un damaged car. What can I do??
July 7th, 2013 at 9:30 pm #Jason

Dollie,
Accidents happen to new and used cars. Neither your insurance company nor Liberty Mutual will buy you a new vehicle. Their obligation to you is to fix your car. What can you do? Get the car repaired. All damaged components on your car will be replaced and that is the only remedy.
July 14th, 2013 at 11:11 am #Mel

Dollie,
Because of the newness of your car, you are probably also owed payment for Diminished Value of your car. This may vary depending on what state you are in.

Per Wikipedia: “Diminished value is the reduction in a vehicle’s market value occurring after a vehicle is damaged and then repaired, otherwise called accelerated depreciation. It is termed accelerated depreciation in Canada.[1] A reasonable person will not pay the same price for a wrecked and repaired vehicle as they will for a vehicle that has not been wrecked.”

If you do an internet search for “diminished value” you will find lots of information on how to go about this part of your claim.
July 15th, 2013 at 11:56 am #Shelby

My car was recently hit by an uninsured driver and totaled, the driver was in a truck that is being financed. Can I sue the lien holder of the vehicle? The driver has no money and there is no point in suing the driver. Do I have any rights at all here to recieve money for the totaled vehicle in any way except suing the driver?
July 17th, 2013 at 3:33 pm #Sofia Love

Hi
My car was broken into and I filed a police report. The thieves tried to still my navigation system that came with the car (Honda Civic) but they couldn’t and left the broken parts in the car. If I file my claim to my insurance (All State) to replace it, is my insurance rate suppose to go up when it is not even my fault?
July 18th, 2013 at 3:12 pm #Jason

Shelby,
The lien holder would need to be negligent for the damage that occurred to your car. Since they did not hit your car, the only person you could collect the damage from is the driver.
July 18th, 2013 at 3:31 pm #Jason

Sofia,
It depends on AllStates underwriting guidelines about what happens for a not at fault claim. It depends on other claims, your driving history, and other insurance parameters. Your agent may be a better choice to ask this question.
July 19th, 2013 at 12:34 am #Cath

I was in a wreck in WA State nearly 2.5 years ago due to the passenger grabbing the steering wheel, which set me in a direction where my car hit the signal box across the street and damaged it. We were okay physically, but obviously the light was damaged. I had full coverage on my car with Pemco and everything was paid for and repaired. Now, more than two years later, I got a bill from the city for nearly $10K saying that I’m overdue in pay and it states below my name, Misc – PW/Signal. I tried researching this as it is too late to call to find out the PW mean Public Works. However, I can’t imagine that my insurance company wouldn’t have paid this bill, if this is for that signal that was damaged. I also can’t believe that it would be nearly 2.5 yrs before I even got a bill for this when the same company gets money from me for all my elec. and water that I pay them on time for always. If this is the case and I find out that they are billing me for this and know my insurance should have taken care of all that (and they even told me that it had been taken care of at the time), can I turn around and sue the insurance company if they didn’t pay it or the city if they are just trying to get money twice here? This insurance company is fairly big and I know they know what they’re doing there. I have a relative who works there too. But for the city to do something like this? Can’t the city and insurance company coordinate their information and billing well enough? I know in the end, after the wreck two years ago, first, they increased my insurance considerably. Then, unfortunately, I had another wreck later and they shortly thereafter they wanted to let me go. So, I found another company quickly and changed at the end of my policy. Please advise me on what way to go and what steps to take, if I should do so.

PS: One lady at Pemco was fairly rude in the end stating that I didn’t have a witness, when I had told them that I had a witness who was the one who turned the wheel. Then she wanted me to give her the phone number of that person but I wasn’t going to put that person or myself through that again. It wasn’t the right thing to do. I didn’t know her number at the time and we weren’t communicating at that time either. The insurance lady told me that I never had mentioned having a witness my witness and I had both spoken to the ambulance, firemen and the policeman. The witness even had her words as well as mine, on a police statement admitting that she grabbed the wheel as she thought I was going to fall asleep and I barely moved my head. A policeman came and wrote me a ticket which was let go in court since the fireman had stated that I was alright, the policeman wasn’t in court and certainly couldn’t prove what he had written about my situation since his words were not true.
July 19th, 2013 at 5:53 am #Jason

Cath,
You were the negligent driver that hit the light pole which makes you 100% liable for the cost to repair or replace the pole.

It is appropriate to bill you for the pole damage. The power company has no authority to bill your insurance company, they can only bill you.

Now that you received the bill, you had an insurance company that will pay for the damage you do as their insured driver. Send your prior insurance company the bill and ask that they pay it as property damage due to the accident in which you hit the pole. They should pay this on your behalf.

You asked about suing your prior insurance company – just send them the light pole bill because suing them is getting way ahead of yourself.
July 23rd, 2013 at 3:22 pm #toni heuchan

My boyfriend owns a 2012 Toyota Tacoma truck with full coverage insurance the vehicle is paid for bought with cash. He had his truck parked on the street in front of his house and the vehicle was totaled after being hit by a suspect fleeing the police in a high speed chase. My question is is the police dept. responsible for any monetary compensation to cover damages done to his vehicle ? If so to what extent? How does he go about getting what he has coming in regards to replacing his truck with no out of pocket expense to him?
July 23rd, 2013 at 7:54 pm #Jason

toni,
The police are not negligent for the actions of pursuing a fleeing suspect. The police department is not liable for damage a fleeing suspect does to your b.f.’s truck.

The best course of action is to file a claim under collision and have your b.f.’s insurance pay for the damage. Then, after they’ve paid for the repairs, the insurance will attempt to collect from the at-fault fleeing person who hit the truck.

The very first money they are able to collect from the at-fault person will be returned to your b.f. to reimburse him for having to incur his deductible. The first part of the damage will be paid for with his deductible. There won’t be a way to avoid any out-of-pocket expense. The insurance will then collect, from this guy, for the amount they paid for this guy damaging the truck.

If someone is fleeing the police and hitting vehicle’s, you should not hold your breathe waiting to get the deductible returned because he probably doesn’t have the resources from which to collect.
July 25th, 2013 at 3:59 pm #Nancy triple

I was rear ended and my rental bill had to include extra insurance (CDW) for the comprehensive and collision. This cost me $16.99 and I had no choice. The insurance company for the guy who hit me claims they will only pay for car portion and no credit for the insurance. Is this possible. I could not rent a vehicle and drive it without insurance. I’ve been told that most companies in NJ cover it and that it is only a select few like Allstate that refuse to.

Nancy
July 25th, 2013 at 5:44 pm #Jason

Nancy,
That sounds about right. The insurance company has to stop somewhere.

Other things, besides insurance, that an insurance company will not pick up include the cost of gasoline, toll expenses, car washes, and paying a driver to drive you around.
July 29th, 2013 at 7:32 am #Mike

I was at a complete stop for a little bit when I was rear-ended by another vehicle doing a decent speed. My car was declared a total loss by both (other driver’s and my) insurance companies. I am not happy with their offer to me. The lady that hit me was involved in another at-fault accident a few days earlier. She found out then that her license was suspended or revoked and her license was confiscated. When she hit me the few days later she was knowingly driving on a suspended or revoked DL. I am not sure if the insurance company was aware of that. My question is: If the other driver’s insurance was paid/current/valid at the time of the accident…could the insurance company retroactively cancel or not pay a claim if they find out her license was not good at the time of the accident?
July 29th, 2013 at 9:16 am #Jason

Mike,
The other company will not retroactively cancel coverage if the insurance is current on the day of the accident (unless some valid reasons that have nothing to do with her license status). Accidents occur regardless of a valid or revoked driver license, and coverage is not dependent on the license status.

Regarding the totaled value of your car, go with the company that pays you more for your car. Keep in mind that your insurance company will collect your deductible from the at fault woman’s insurance and return that to you.
July 31st, 2013 at 12:08 pm #zach

ok so I was on my motorcycle when I was pulling into my driveway and a lady went off the road into my yard and hit me from behind. I had to pay to get my bike estimated which was $120 and the estimate came out to about $3000. so the insurance company comes back and tells me later that the accident was my fault and the case was closed and they weren’t going to pay for damages. Is there anything I can do without getting lawyers involved or do I just need to sue the insurance company?
July 31st, 2013 at 9:25 pm #Jason

zach,
File a claim with you insrurance company if you have collision damage covering your cycle.

If you take the approach to sue, you would have to sue the woman. The woman’s insurance would substitute itself in the place of the woman after suit was initiated, but you would need to sue the woman to get the legal action started.
August 7th, 2013 at 11:25 am #Kelly

My son was riding his bike and making a left turn across a double line into our driveway. He was approximately a foot off the white line waiting to turn behind a truck that was oncoming traffic. The car coming up behind him (admitting to going over the speed limit) crossed the double line to go around him as soon as the truck passed. He hit my son with the front right side of the car as my son was making a left into our driveway. The front right headlight broke and there are dents down the side of the car. Not even getting into the damage to my son, can you tell me why in PA our car insurance is paying the claims and then after that exhausted now it went to our health insurance. If my son is a minor (15) and he is not on our car insurance and he was not driving a vehicle (it was a bicycle) – why is it going against our car insurance? Thank you
August 17th, 2013 at 6:35 pm #Ann

My husband bought something to help ‘restore’ a trim on a car, to help keep the trim black..etc… well it dripped onto the paint and it won’t wash off. We tried several products to get it off, will comprehensive cover to have the door repainted (that is where it dripped down, and made drip strips all over the door). We have full coverage.
August 17th, 2013 at 6:51 pm #Jason

Ann,
If the damage was the result of accidentally getting some of the product on the paint, then comprehensive should cover that damage.
August 19th, 2013 at 11:55 am #Charleen

I had a situation where my car was stolen and I took my insurance company to court because they wouldn’t cover the car nor the damages made once it was recovered. I won my court case and now they are appealing the case. The company failed to contact me ever throughout the six months that they were “investigating” the car and I made my payments up until they told me that they weren’t going to cover it. I had full coverage insurance and they claim they couldn’t help due to no forced entry into the vehicle. I stressed how the car was sold to me from a dealership who only gave me one key. As a matter of fact, it was the dealership that FOUND my car! This has been an awful mess and I have already contacted the department of insurance with very little help in the end. Any advice would be quite helpful.
August 19th, 2013 at 12:19 pm #Jason

Charleen,
You didn’t provide enough detail in your post for any advice to be dispensed. I’m afraid even if you do post more information that you likely won’t find any advice on this forum.
August 20th, 2013 at 5:32 pm #Laura

I was in a minor car accident, which broke the rear passenger axle. The car was totaled after being taken to a pricey body shop. Am I entitled to a second opinion by a body shop that is not in the preferred list that Progressive Insurance recommended?
August 20th, 2013 at 5:53 pm #Jason

Laura,
Absolutely you are entitled to a second opinion but the cost to remove and replace a broken axle is going to be very comparable at any repair facility.

If your car’s damage causes your car to be totaled at one repair place, then the cost of repairs at another place will likely cause your car to be totaled there as well.

You will have to provide an estimate from another place that doesn’t confirm your car is totaled. A car being totaled is not that big of a concern because instead of paying for the repair, the insurance pays for the ACV of your car just prior to your car being totaled. Totaling a car is just the concept that repairs don’t make sense compared to paying you for the car’s ACV.
August 20th, 2013 at 6:06 pm #laura

I am about $1000 short of it not being totaled. It was taken to one of their “preferred” shops and I am concerned I am getting ripped off. The total amount of damages came to $10,000. The damage was the right passenger wheel. I am not a mechanic, but I just cant understand how that came to such a high amount. I am worried about not having a car. I have gap insurance along with progressive so the car would be paid off, so thats good but then I will be without a car. I just wasnt sure if I was within my legal right to ask for a second estimate.
August 21st, 2013 at 11:34 am #laura

progressive is saying that they did the estimate, not the body shop.So, can I ask that the labor cost be removed from the estimate since my dad, who is a mechanic, can fix the vehicle and not charge me for labor? That would bring the amount down enough to where it would not be totaled. Will they do that?
September 9th, 2013 at 6:52 am #laura

Is there any way I can get the insurance company to pay for rental reimbursement after a total loss? I have been disputing a total loss for two weeks and have decided to throw in the towel but I do want them to pay for my rental car. Is there anything I can do?
September 9th, 2013 at 7:53 am #Jason

Laura,
If you have rental coverage, submit your rental expenses to your insurance company and request that they pay it.
September 9th, 2013 at 8:04 am #Jason

Laura,
This post addresses your mechanic labor post – Your dad is a mechanic. He earns money by doing mechanic work. If he would work on your car and not charge you, he would be working for nothing when he could be working on cars in which he would be getting paid.

A car gets totaled based on the expected amount of parts, material, and labor needed to fix the car. A car becomes totaled when it makes more sense to total it than fix it. To resist something that makes sense is irrational.
September 17th, 2013 at 7:51 am #mark sinagel

on 09/10/2013 my car was in a wreck,the damage was not severe just drivers side headlight assembly,and paint all along drivers side.I called the other drivers insurance company and was given a claim number and the name of adjuster handeling the claim,since then I’ve called several times and left messages but have not received any return calls whatsoever !the other driver was at fault and was given numerous tickets,driving on suspened license,no vehicle registration,no proof of insurance,ect… it’s been a week now no return phone calls !!!! what should I do ?
sincerely
mark l. sinagel
September 17th, 2013 at 8:19 am #Jason

mark,
None of the tickets you mentioned the other driver getting support the other driver was negligent for the accident.

You should file a claim for damage under your policy if you have physical damage insurance for your car. Don’t rely on other people’s insurance for damage to your property.
September 17th, 2013 at 3:49 pm #Ryan

About a month ago, my wife was pulling into a parking spot at a supermarket (moving forward) while another woman was backing her car out of her spot and hit my wifes car causing minor damage. Police were called and provided “an exchange of information” form, not an accident report because the damage was under $1000. Both the woman that hit my wife and the officer agreed that it was her fault. I filed a claim with the other drivers insurance, Geico about 3 weeks ago and their claims rep advised that they would accept fault. I faxed them a quote I received from a local reputable body shop (only $369) and pictures of the damage and I have been just waiting since then. I spoke with their claims rep at least once a week and she keeps telling me they are still reviewing it. What should and could I do?
September 17th, 2013 at 3:58 pm #Jason

Ryan,
Either continue to wait for the other person’s insurance to pay or get your car fixed and pay the bill yourself. Why be part of that insurance company’s delay game?

If you choose to get the car fixed and pay it yourself, you can then still wait for the other person’s insurance to respond with payment.
September 18th, 2013 at 7:28 am #moolchan ramjit

i had insurance worth 75,000 my lawyer could not show the paper work for the full amount.However i was told by a member of the settle team what the full amount was i need help, Because i only was paid half the amount.
September 18th, 2013 at 7:45 am #Jason

moolchan ramjit,
If you have a lawyer, don’t solicit information by posting on this site. Instead, discuss your concerns with your attorney. Your attorney will have a more intimate knowledge of your situation than we could ever have.
September 19th, 2013 at 11:29 pm #Sarah

I was rear ended about a month ago by a teenage girl. I was at a stop light and I believe she was texting because she hit me at about 40, her airbag deployed and I have suffered severe whip lash and back injuries. My 9 month old was in the car, and thank goodness he wasn’t severely hurt. When I discovered we both had the same insurance I assumed it would be easy. I was told by the claims woman on the phone when I reported the accident to not call the police, and don’t worry about getting the other drivers information, because I could always obtain it from my insurance company. I have had several claims adjusters calling me to get information, but none of them are representing me. In fact I was told (in writing) that at this time no one is representing me, everything is going through her, and I feel like they are trying to pull a fast one. How can this be legal? I almost feel like I should go after the insurance company.
September 23rd, 2013 at 6:51 am #Jason

Sarah,
Your injury claims are not viewed by your insurance company as their customer, your injury claims are to your insurance company as a claimant. They don’t represent you – they represent the insurance company. The only party representing you right now is yourself. You also represent your son because he’s too young.

You might want to consult with an attorney for both your injuries and those to your child.
September 30th, 2013 at 5:46 pm #Tammie

My daughters boyfriend borrowed her car and hit a parked vehicle. She is fully insured but he is not. Her insurance company says they will not pay any claims, hers or the other vehicle because he was driving. He has a valid license. Is that allowed?
October 1st, 2013 at 8:45 am #Jason

Tammie,
It may be allowed. Automobile policies can have conditions added to the policy depending on the things the insurance company wants to cover or not cover. The things not covered are exclusions. The policy could be one that is set up to insured your daughter as the driver, and everyone else would be excluded. However, that is impossible to confirm without reviewing the policy; but that is what can be assumed.

Since the claim is being denied, your daughter will get a denial letter outlining the specific part or parts of the policy that exclude coverage.
October 3rd, 2013 at 9:38 am #Phillip

My wife and kids were involved in a rear end collision, the other drivers insurance company was giving us the run around so I went through our own insurance co. Now that they have looked at the vehicle they are trying to only cover part of the claim. They will paint the hitch, replace the plastic on the bumper, but they won’t repair the body damage to the rear quarter panel corner. I stated to them when I filed the claim that the damage made part of the vehicle unusable, without causing more damage, so I pushed part of the dent out so the rear door could be used. Now they are trying to claim it was prior damage. What can I do?
October 3rd, 2013 at 10:38 am #Jason

Phillip,
This is where the “squeaky wheel gets the grease”. You have to keep insisting the damage is related to the accident and needs to be covered. Speak to the adjuster’s manager and let him/her know of the problems you are having and insist upon the remedy that will correct it. If you don’t get anywhere with this approach, request another adjuster that isn’t biased who will include all damage due to the accident. Stay on top of this with calls, demands, and complaints until all the damage is included.

A temporary fix to make the car usuable is a reasonable action and you should not be penalized for it. Remind them that they can then collect all the money from the other person’s insurance so what they pay should not be of concern to them.
October 3rd, 2013 at 9:08 pm #Diana

I was hit back in April of this year. The total cost of the car damage was about $4,000. I also attended therapy for my back. I was sent to get MRI and one of my disks is not that good. Not to a point of surgery but still hurts. I had an epidural put on me in Sept. and it helped a little but I still have back pain. The lawyer is asking the insurance for the maximum payout but I don’t know how much it is. I live in Eagle Pass Texas. I don’t know how much the claim is gonna take. Now State Farm wants medical records of the past 5 years and I don’t understand why. What can I do?
October 12th, 2013 at 10:11 am #kristina Archuleta

I have won %100 of a car accident settlement with AAA. The other driver was completely at fault..been going rounds with them for over two months. I finally presented them with more evidence to prove my innocence. Now I have to negotiate..i am the one wo has to talk with the claim adjusters unfortunately my ins lapsed at time of the accident. I am being awarded all my losses though. As I said I was not at fault whatsoever. Recently I spoke with another person from AAA not the regular claim adjuster I ve been talking with ..she said she was only talking about the value of my car. My car was towed and stored at a towing co.I am confused as to why I am being told I have to pay the lein holder that bought my car from the Tow co. I am not getting the full market value of my car. How is it that AAA took so long to come to their conclusion that I could not afford to get my car That I own (been paid in full last three years) the tow yard sold it and now I have to pay the lien holder? I could have sold my car out for parts! I have the title to my car no one else does. Can you please help me to better prepare myself about this lien holders fees and taxes etc that im having to pay for?
October 12th, 2013 at 10:24 am #Jason

kristina,
In order for anyone to provide you with appropriate and meaningful information, we have to understand your situation. Your post doesn’t provide a clear picture of what is going on.

This may not be insurance related if you have concerns with the tow company and the party that purchased your damaged car.
October 12th, 2013 at 2:48 pm #Kristina Archuleta

My question is why does part of the fair market value of my car go to the lien holder that the tow co. sold my totaled car too? In negotiating my settlement with the other drivers ins co. the claim adjuster said part of the payment for my totaled car is going toward lien holder..thats what I mean..why should any of it go to anyone but me?
October 12th, 2013 at 2:52 pm #Kristina Archuleta

I own my car I owe no money on it Its been paid off for three years now. The lien holder that has my car now purchased it from the Tow co. that towed and stored my vehicle. This should have been settled weeks and weeks ago of which I would have been able to get my car sold out for parts had the ins co not taken so long to reach a settlement. why would I have to pay for any fees to the lien holder from my settlement on the fair market value of my car?
October 12th, 2013 at 3:15 pm #Jason

Kristina,
I don’t believe it does. You yourself said you don’t have a lien holder associated with your vehicle. I believe you are entirely confused about a lien holder being involved with your car. Another thing that doesn’t make sense is that the towing company isn’t going to sell your car in the 2 months that it was there. And a purchaser (owner) of a car cannot also be the car’s lien holder.

I believe the situation is that the towing company assessed towing and storage charges and they need to be paid for their service and storage. That technically is a mechanics lien. A mechanic’s lien doesn’t hold the title or have a notice on the title that they have a lien – instead, the mechanic holds the vehicle as collateral to their lien.

Somebody has to pay for those fees. It’s your car and your responsibility as the owner to have your car moved and then stored. The towing company needs to be paid for their involvement with your car.

As an extra, had it not been for the other person who caused the accident and damage to your car, you would not have towing or storage fees. The other person’s insurance company should be paying those fees for you and they should not come out of your proceeds for the car.

If you had extra expenses like taxi, bus, car rental, etc. the insurance company should be reimbursing you for those expenses too.
October 12th, 2013 at 5:23 pm #Kristina Archuleta

Thank you very much..here’s hoping I can figure this all out. Thanks I appreciate your time 🙂 Kristina
October 13th, 2013 at 1:44 pm #Rhonda

Hi, my neighbor who parks next to me thinks that all the scratches down both sides of his truck are the fault of my red Camaro. I looked at them and there is some pale red paint in a couple of triangle shaped dings, which I think is a different shade of red to my car ( plus I have never opened my door and hit his truck, but I’m not the only driver, my boyfriend drives it too – and he says it wasn’t him. ) Anyway, how can I go about getting the tiny amount of red paint tested that’s on his truck? Another thing – he has a lot of white scratches all along his truck on both sides, in a uniform pattern of two scratches, even gap, two scratches etc. which he says are also from my car. Something scraped along it but it certainly wasn’t my car! Any suggestions?
October 13th, 2013 at 4:46 pm #Jason

Rhonda,
Yeah, don’t park your car next to his truck. And forget about getting the paint tested. He has to prove you or your b.f. did this. You don’t have to prove you didn’t.

Just between you, me, and anybody that reads this – it’s likely it was your red camaro doors that hit his truck. Those doors swing wide and have a long reach.

Also, do you really think when you ask your b.f. that he’s going to say, “yeah, I hit it a couple of times.”? Nobody wants to deal with the hassles of a couple of door dings.
October 16th, 2013 at 12:01 pm #Jessica

A man hit my car and has insurance. I live in AZ. He hit the passenger side of the car and the wheel is turned in about two inches. His insurance came out and wrote a estimated report. He only put the body damage. He did not write anything about the wheel, frame, suspension, or axle. It seems like he should write that the tire is bent in and should be something in the quote about it. The Auto shop said that the insurance will only go with they wrote, it does not matter if I get a second quote, insurance only gives you what they inspect. Then as the car is getting repaired they body company will report if there is any other damages and bill the insurance. I have a volvo and they want to put non volvo part on it. I am not ok with that, how do I change this. Should I get a second opinion. If I do, will the insurance take that report. How do I handle it? I do not have the money to pay it then sue for damages later. Am I stuck with the quote the insurance company gave me?
confused and lost. Thanks
October 16th, 2013 at 4:39 pm #Jason

Jessica,
Call the insurance adjuster of the company for this guy that hit your car and let them know that they don’t have all the damage on the estimate for your car and request that all the damage be noted on the estimate. If you want a different adjuster, ask for a different one. Also, request that the parts be OEM Volvo parts, and not generic. If the bodyshop that repairs your car finds that things are missed on the estimate, they should be notifying the insurance company so they can repair it and charge for the addition parts/labor.

If you are not able to get anywhere with that approach, file this through your insurance company. Sure you will have to pay your collision deductible but you will get that back after your insurance collects it from the other insurance company.
October 23rd, 2013 at 10:11 am #Carol

A woman hit my parked vehicle in Brentwood, CA. She left a note on the vehicle stating she “scratched” my car. (The front end was sideswiped) She left her phone number, no name, no vehicle info. I called her and she told me she did not want to make a claim. She advised me to get an estimate for the damages and get back to her. She provided her name over the phone. I have taken the vehicle to a reputable collision repair shop and they did the estimate. I called the woman back and told her the amount of the estimate. She now wants to make claim. (Over $1000.00) She told me she was insured with State Farm Insurance. I talked to my agent who also is state farm agent. He told me to contact her agent, that I have too many claims and feared my insurance would be cancelled. (I was hit by drunk driver last year and I also rear ended a vehicle a year and half ago) So I called the other agent. He does have this person as a client. However, they own 8 vehicles. He stated I would have to have the policy number of the vehicle that was being driven. I do not have this information. Does the agent not have some responsibility to contact their client and get the information from them? What should I do? The women won’t return my calls now?
October 23rd, 2013 at 12:46 pm #Jason

Carol,
If you want to continue your frustrations and dead-ends, keep trying to file a claim on the other woman’s insurance.

However, if you want this resolved with the least amount of hassle and effort, file this claim under your insurance. I keep telling people to stop relying on other people’s insurance for their own property.

No matter what you do, this is an insurance claim. It will go into the CLUE database and other databases (similar to where your credit history goes, but for insurance).

Again, if you didn’t pick up my recommendation – file your car damage claim with your insurance company using your insurance policy. Your insurance will even collect your deductible from the other woman’s policy (even if state farm pays state farm) and send it back to you.

Regarding the agent, they sell insurance. Do you know what else insurance agents do? Nothing – because they sell insurance. They don’t have time to deal with claims or contacting other people who don’t help in their effort to sell insurance.
October 29th, 2013 at 7:11 am #Diana

I was in a car accident and my car has been in the repair shop for a month. My insurance company keeps sending out their appraiser to see the damages and it’s been confirmed that both the appraiser and the repair shop agree on the amount needed to fix my car yet when the appraiser send the request to my adjuster, the adjuster changes it to make it less. Is that legal? Or is there anything I can do about it? I really just want my car back.
October 29th, 2013 at 7:19 am #Jason

Diana,
There is nothing “illegal” about it. Call this adjuster’s manager and let his manager know what is going on and that your claim is being delayed because of his immature tactics. Ask that either the claim manager resolve your claim immediately or ask that your claim is assigned to another competent adjuster that doesn’t feel compelled to play with the numbers.
November 1st, 2013 at 8:21 pm #josh

Hi, my girlfriends car was parked and someone basically hit her car and took off but luckily her neighbors were outside when this occurred and witnessed who did it by getting their license plate number.. she took it to a collision repair place where supposedly the other insurers were paying full cost of the damge.. the car is fixed now but they’re not allowing her to get the car because they’re now saying the other insurers couldn’t cover the total cost.. “all of a sudden” !!!! Her insurance company is requiring her to pay out her $1000 deductible before the collision place releases her car after she was told that the duchebags insuerer was covering the total cost.. what can she do to get around this when in no doubt she wasn’t in the wrong..?? It was another car involved but it suffered minor scrathes from her car being hit into it.. they’re also saying they couldn’t cover it because their was another car involved that the others insurer had to cover also.. please give me some insight on something thanks
November 1st, 2013 at 8:33 pm #Jason

Josh,
Your g.f.’s solution is to pay her deductible and get her car out of the shop. She selected that deductible so it should be budgeted to pay in the event of needing insurance to help out.

Then let her insurance company recover the money from the other insurance company. They will collect the deductible first and return that to your g.f.

I will state it again – Don’t rely on other people’s insurance to cover your property.
November 2nd, 2013 at 11:13 am #Karen

My son was rear ended on the Bronx River Parkway. Other driver 100% responsible. Both my son and other driver are 20 and on parents insurance. Allstate (mine) and Liberty Mutual paid for all car damages and rental car costs EXCEPT the Young Driver Fee. My sons car was purchased for him and he was the sole driver. When his car was in the shop for 25 days we rented a car for him to get to work, etc. Enterprise charged $25 a day young driver fee. Allstate says our policy does not cover it, even though we are paying for a 20 year old driver. Liberty Mutual says they don’t cover it because my husband owns the car, doesn’t matter that my son is the sole driver. So I am left with a $716.22 bill nobody will cover. Can I go after the policy holder of the car who hit him? Do I have a right to recover this? Why doesn’t Liberty cover it. Thanks!
November 2nd, 2013 at 11:15 am #Karen

My son was rear ended on the Bronx River Parkway. Other driver 100% responsible. Both my son and other driver are 20 and on parents insurance. Allstate (mine) and Liberty Mutual paid for all car damages and rental car costs EXCEPT the Young Driver Fee. My sons car was purchased for him and he was the sole driver. When his car was in the shop for 25 days we rented a car for him to get to work, etc. Enterprise charged $25 a day young driver fee. Allstate says our policy does not cover it, even though we are paying for a 20 year old driver. Liberty Mutual says they don’t cover it because my husband owns the car, doesn’t matter that my son is the sole driver. So I am left with a $716.22 bill nobody will cover. Can I go after the policy holder of the car who hit him? Do I have a right to recover this? Why doesn’t Liberty cover it. Thanks!
November 9th, 2013 at 9:08 am #Kristi

My 23 year old son who still lives at home was just in a car accident on 11/2/2013 (last Saturday) We live in NC -The other driver (an older man) was given the ticket (failure to yield the right of way or something similar to that) He hit my sons car between the front quarter panel & the drivers door when he came through the intersection without looking good both ways. My son spun around 360 degrees and landed in a ditch facing the opposite direction that he was traveling in. The other driver admitted guilt right away at the scene to my son, my husband, myself and to the officer and was very sorry this had happened. My son went to the hospital via ambulance and was released a few hours later (no broken bones or anything just said his left shoulder hurt and his head) –

On Monday morning we reported the accident to both insurance companies and started a claim with the other drivers company, Farm Bureau of NC – The adjuster handling the case was out sick but I asked what we needed to do about a rental car. -I was told they would only pay the rental car fee but not the extra insurance required to have it. (my son only has liability insurance on his policy through Geico) When I called the rental car place they told me it would be an additional 15.99 a day for the extra insurance. I refused to do this because I feel its unfair for my son to have to pay anything for a rental car due to an accident that was no fault of his own!

On Tuesday the adjuster called and said they had been out and looked at the car (it was towed to a local body shop) and said it was a total loss & offered me 1500 on the car! This is a 1996 4 door Camry LE in pretty good condition that we just had a low millage motor (70,000 miles on it ) put in it this summer and still owe 850 dollars on! The reason she gave for the low offer was because the car has a salvage title and no air bags in it. She did say she would call the body shop that we had install the new motor and get the paperwork from that and see what else she might be able to do!

On Wednesday she called back and said she would add another 250 for the motor (1750 total now) plus she would allow $30 a day x 10 for not getting a rental car. This brings us to $2050 for my son to go purchase another used reliable dependable car with! I told her I still didn’t think this was fair -my son still has to pay for the motor in that car! I told her I was going to speak with my husband and we would get back with her the next day.

The bottom line is -she is steady throwing the salvage title and no air bags in my face for diminished value of the vehicle! They refuse to pay full cost on a rental car. They have me driving app. 100 miles a day (since there is only 1 vehicle here now) to take my husband to and from work and my son to and from any doctors appointments that he has) He is being treated at a local chiropractors office for shoulder & neck pain. My son wants to try and go back to work mid week next week and has NO CAR! That would have me getting up in the middle of the night (he works 3rd shift) driving an additional 40+ miles a day to get him to and from work!

Thursday I called her back and told her I didnt feel like 1750 for the car was a fair offer. I never had a chance to even make an offer to them! She basically said, its the best we can do and you need to move that car because we’re not paying the storage on it anymore! (and I received a certified letter today from them stating that they wont pay the storage any more!)

Have I missed something here? Am I being unreasonable or something? What should I do? Lord have mercy are they gonna try and get over on my son on the other claim as well? Any advice or insight will be greatly appreciated! Im just stunned and shocked at all of this!
November 10th, 2013 at 2:59 pm #Jason

Kristi,
Yes, you seem to be unreasonable. The amount owed on a car’s repair has nothing to do with its value. If you don’t want to accept their offer, then don’t accept it. That is the choice you have. No air bags and a salvage title does affect the value of the car.

The advice I recommend is to accept their settlement offer. Also, you might want to buy another car for your son so you don’t have to get up in the middle of the night to drive him to work.
November 11th, 2013 at 11:25 am #Fran

My daughter was hit by a driver (who was charged at the scene) a week ago today, the other driver’s insurance company (Geico) has failed to contact us regarding fixing our car, medical bills from the date of the accident (she was transported to the hospital by ambulance) was diagnosed with whiplash and a mild concussion. She lost two days from work and school, including her lost wages. What can I do to expedite this before I blow a gasket myself! It has been a week day!
November 11th, 2013 at 11:30 am #Jodi

Hi Fran –

I think it has been stated many times on this site. If anyone is involved in a vehicle accident and they want things handled quickly/timely, then they should turn a claim in to their own insurance. Your insuarnce carrier will take car of the parts of the loss covered under your policy and they will subrogate back to the responsible party’s insurance.

Also, don’t wait for an adjuster to call you. Call them daily and ask for a supervisor if they are not responding to you.

Jodi
November 11th, 2013 at 11:38 am #Jason

Fran,
Don’t be concerned about the other guys insurance. If there is collision damage covering the car your daughter was driving, a claim should be made to that company. In fact, the claim should have been made 7 days ago.

If that car was not covered with collision coverage, whoever is the owner of the car your daughter was in should have made as many calls to Geico as it took to get some progress on this claim. Waiting for your phone to ring intstead of taking a proactive approach will only lead to more frustration.

There will be 1 payment for bodily injury coming from Geico. If your daughter is not done treating for that, don’t dwell on it. There won’t be payments for lost wages, or pain/suffering, or medical bills – just 1 payment and in exchange for that single payment, Geico will require a release of any and all claims relating to that accident. There won’t be any consideration for missing any days of school.
December 3rd, 2013 at 7:03 pm #Summer

I was in an accident on may 17, 2006. This accident had altered my life to where i am no longer able to preform my previous occupation and no longer run and preform daily activities. The woman who hit me only had the california state minimums and did not have any money herself for me to sue her for the claim. I was told potentially i would be able to recieve 500,000 in compensation however since she had the minimums i only received 15,000. In December of that year a release was send from the third party insurance company. I have tried to call my current company USAA who ended up paying part of this money asking for paperwork of the release and other documentation however they declinded stating it was property of USAA. Since this accident i have undergone $90,000n in additional surgerys and wish to claim compensation for this. At the time of my accident the woman who hit my had nothing to sue for, now being years later am I able to push this further and sue either the third party insurance company, my insurance company or the woman who hit me?
December 3rd, 2013 at 7:21 pm #Jason

Summer,
If the accident happened in California, you have to follow the statute of limitations provided in that state. For personal injury due to negligence, you have 2 years from that accident date to initiate suit.

The only person you could have sued is the negligent driver but if you signed a release, you are barred by both the release and the statute of limitations.
December 4th, 2013 at 11:20 am #George R Silas Jr.

A month ago I was rear ended in a hit and run. I did not get the tags of the other party and felt I was screwed. I have full coverage on my car and initially was afraid to call my insurance. I thought this would make my premiums go up for three years. Cash is very tight and did not want to make my auto insurance worse- go up and make it unaffordable. Due to the impact my driver side door jammed. I cannot open it from the inside. My odometer was also knocked out. so was my rear door window. It now rolls up halfway up or down. I hear the power window motor whining and a noise like something loose in catching in there. I rolled it up with my hands and wedged some business cards to keep it from sliding down. The rest of the instrument cluster works fine. The car was jarred hard. Fish tailed and brushed the guard rail. I managed to control it and came to a stop on the off ramp. I inspected the damage and the visible part was not too severe to me I thought. Its a 99 and car that hit me is a new model lexus. I was hurt. Felt slightly dizzy and sat there for a while and regained my composure. I later went on my way after my kids confirmed they were not in pain. I figured I could walk it off. Car is drivable and glad I was alive. 4 days later I started feeling severe back and neck pain radiating into the back of my head. It was debilitating and so were the dizzy spells. I filed a police report and hoped they can pull the traffic cameras and identify the hit and runner. I went to the ER with my 4 kids. Me and my son who was also feeling back pain, were xrayed and they came back negative. Per x-ray my son has minor scoliosis. I was not aware of this before. I was given prescriptions and was out of work for 2 weeks. I have been going to chiropractor for daily treatments and this has helped managing the back and neck pain. My sons are not getting any treatments except for that one day at the ER. I went to my BMW dealer and their bodyshop estimates the damage at 3450 including the odometer, driver door and rear window repair. My bodyshop adjuster at the insurance’s preferred bodyshop cut a check for me for only $700. I asked why his estimate was way low than dealer bodyshop and he was rude and said. I don’t care what they tell you. I go by what I say and walked off. I declined to have their select shop fix my car. I am still driving it. I am in NC. I love my car even though I have a rental provision for 30 days on my policy. I now know this will not make my premiums go up. Uninsured motorist and some thing like that. The med bills are coming in. Mine are now 4400 and my kids total 2750. I have not seen the chiropractor bill yet. Will my policy cover all my bills and my out of work time. Am I and my kids entitled to any pain and suffering. 3 days ago I tried to blow some leaves. After an hour my back pain flared up so bad. I wore a back brace and spent 2 days wearing this thing including going to bed in it. I don’t know how long this will persist and affect my ability to do the things I used to do. My son’s scoliosis and this accident will this impact and affect his growth and development. I do not have a lawyer involved and should I get one. What should I expect from the insurance adjustor. I have not talked to them yet. I have been working on getting myself well. I appreciate all your help. Thank you.
December 4th, 2013 at 12:25 pm #Kat

I was hit by another driver on my upper left bumper. The accident caused fluids to leak from my hood. I brought my car in immediately to have to leak inspected to make sure it would be safe to continue driving. I did this all before the other driver’s insurer issued me a claims check and paid for the labor inspection out of my own pocket. Now the insurer won’t refund me that cost because they did not recommend the inspection. I believe the inspection was necessary for my driving safety and would expect it to be diagnosed after being in an accident. How can I get refunded for that payment?
December 4th, 2013 at 1:21 pm #Jason

George,
I don’t think you are telling us the entire story. For example, people don’t just have a back brace lying around their house that they can strap on for a couple of days. Back braces are prescribed to a patient by a Dr.

You said someone in a newer model Lexus hit you in the rear but the way you explain the incident that “(your car) Fish tailed and brushed the guard rail. I managed to control it…” doesn’t sound like a rear-end accident.

If your pain didn’t develop until 4 days after the accident, I am confident your back, neck, and head pain are not related to the accident. Taking your kids and yourself to an ER 4 days after the accident is further confirmation that the ER visit was not a result of the accident. Your child’s scoliosis is not a condition caused by an automobile accident.

If your bills are over $7150 and that amount doesn’t include your chiropractic bills, you really need to focus on managing your family and your medical care better.

In a prior post, you had a $10,000 jewelry theft among other things stolen. Now you add the following information to that:
-A hit and run accident just a week after your burglary
-Your admitted money issues
-Unusually long delay in making a claim
-Rear-end incident involving an unidentified hit/run car
-Filing police report 4 days after an accident
-ER visit 4 days after an accident
-Questionable 2 weeks of missed work
-Access to a back brace
-Broken speedometer
-Drivers door that won’t open from the inside of the car
-Detached back door window component

…are all questionable things. The speedometer, door not opening, and failed window operator all sound like wear and tear to a 15 year old car – and not the things I would expect from a rear-end accident.

Your story screams of your family and you not having health insurance. People don’t take 3 children to an ER visit who are not complaining of any type of pain or injury. If I was your insurance company or insurance adjuster, and you having full coverage on a 15 year old car (among the rest of the circumstances listed above), I would be asking you to set up an appointment for an EUO.
December 4th, 2013 at 1:28 pm #Jason

Kat,
Find out the claim manager’s name. Send the copy of the bill to his attention with a brief letter that the bill was necessitated by the accident and had it not been for their insured hitting your car, you would not have had that bill.

Then kindly ask that it be reimbursed. Phone calls to pay the bill will not be effective because they need to have the bill in their possession so they can see it and understand that it’s related to their insured hitting your car.
December 6th, 2013 at 8:48 am #Sabrina

I was rear ended and my car was deemed a total loss by the other persons insurance company. In negotiations for the value of my car they are deducting for $214 for rust on my door from when a deer hit me as well as for the door($185)which has a few other dents from the deer calling it unrelated damage. I have said that I agree with the $185 but not the $214. Aren’t they deducting twice for the same thing?
December 6th, 2013 at 9:35 am #Jason

Sabrina,
Let’s just say they are deducting $399 (185 + 214) for the deer damage. Is their overall offer fair including the value of your car? That’s what is important.

If you have collision damage insurance, your other option is submitting a claim under your insurance.
December 13th, 2013 at 3:15 pm #Brett

i had a boat and gave it to my girlfriend of 5 years, she had insurance on it , we were out a week ago and some pricks stole it out of our driveway , it is actually covered… but the insurance company wants allot of information now.. the boat is in her name obviously.. but they want the both of our bank statements which i do not have i pay cash for evrything,.. credit records , which i do not have any credit cause once again i pay cash for everything, and personal cell phone records, which i feel is just not cool … my name is on nothing , there for i am not compelled to give them any of this information right??? she might have to just cause of the ( comply or your not covered) clause they put on agreements…but she got off of the phone with the claimes rep (SIU) im guessing, and told me she feels like she is getting pushed around and bullied…. now this is my Lady and im not a fan of letting someone bully her at all , but what can be done or is there any options here and the boat was paid for in cash and custom built the rest of the way up from the hull, we do have pictures but no reciepts any more… we are being investigated is what is going on… this is in TN… any help is greatly appreciated with this mess..Thank you
December 13th, 2013 at 7:56 pm #Jason

Brett,
The insurance company is allowed to ask almost anything of the insured. If they ask things of you and you don’t have a checking acct or credit cards, there is nothing to provide to them. They might have the audacity to ask things of you but you may not have the obligation to provide that info to them. Your cell phone records seem to be a little extreme; however, unless they are able to uncover any criminal activity with a cell phone, there should be no reason not to allow them the access. You don’t have to comply but they may know more about your claim than I do.

People don’t just automatically get sent to an SIU of an insurance company so I think there is information to your claim that you may not have included in your post.

Sometimes you have to let the insurance people run their course and let things work out on their own. I don’t know all the details so I don’t know how your g.f.’s claim will conclude.

The thing with December is that most boats are not being used and are being put into winter storage. Thieves would not have an incentive to steal a boat at this time of year when the boating season is slowing or closing down. I have no suggestions for you.
December 22nd, 2013 at 9:39 am #Bill

My son was on a seasonal county road on his way to deer hunt when he drove into an area that was had deep water and when he went through it his vehicle shut down. He took it to a vehicle repair business that said he had water in the engine and it was not fixable. Should this be something covered by insurance? By the way this is in Michigan.
December 22nd, 2013 at 10:00 am #Jason

Bill,
If there is comprehensive coverage for the truck, file a claim and find out.
December 30th, 2013 at 7:53 am #Gary

I had an accident two weeks ago (it was my fault) and I can’t drive the car. My policy does not include car rental. I reported the accident immediately to my insurance company. However, to this day they did not sent an adjustor to the body shop where my car is located to approve the cost of repair or examine the car. Are there any laws regarding reasonable time to at least approve the cost of repair? Could they delay this forever?

Thank you.
December 30th, 2013 at 8:01 am #Jason

Gary,
Keep contacting the adjuster until he addresses your claim so you can get the car repaired. Most claims have a goal to settle the claim asap but usually within 30 days. This is not a steadfast rule but is observed by many insurance companies. I don’t believe their are any laws that dictate how long a claim can take to be settled. Of course complex claims require more time but standard 1 or 2 car accidents are generally routine. You really need to be contacting the adjuster everyday until inspected or until they give you a firm committment.
December 30th, 2013 at 1:20 pm #Paula

I hit a deer and did $6000 of body damage to my SUV. Kelly Blue Book Says it’s not worth what the body damage was. NSDA says the SUV is worth 11,000 so they did not total the SUV. I picked it up from the body shop there was a knock driving it home. When I tried to crank it the next day there was an obvious problem. The body shop sent a wrecker and picked it up saying they thought they knew what the problem was. StateFarm first said there was no oil, then said there was water in the oil now is saying there was sludge in the oil filter. They are claiming I did not keep the oil changed but I change my oil every 4 – 5 thousand miles. The insurance company is refuses to repair the motor even though this car was driven everyday prior to the accident.

Any advice would be helpful.
December 30th, 2013 at 1:37 pm #Jason

Paula,
It’s hard to determine what to tell you. A deer will generally damage the hood, bumpers, windshield, headlights, grill, and fenders. An overheated engine will warp the aluminum head and cause water and oil to mix within your motor. I can’t understand how a deer could cause your oil and water to mix unless the deer damaged the radiator and the vehicle was operated without the ability to properly cool the engine.

If the deer damaged the radiator and you continued to drive the vehicle, then the overheating is a separate occurrence and not the result of a deer hit. Instead the overheating and resulting engine damage would be the result of continuing to drive the vehicle in an unsafe manner.

Without more information, I don’t know what advice to provide.
December 31st, 2013 at 11:59 pm #Budi

The rear glass window of my 2002 Audi TT Convertible separated from the canvas top back in May 2013 after a huge thunderstorm. I didn’t call GEICO to file a claim right away because I wasn’t aware of the Comprehensive Coverage on my policy. Although, even if I were aware of the coverage, it wouldn’t have made a difference (or, so I thought) because I didn’t have the $500 deductible to pay for the repair. So, I did what I could to temporarily fix the window myself. It was far from what I would call a good repair job, but it was enough to keep the rain out. I thought I would file a claim once I have enough money to pay the deductible. Well, I did file a claim last week and explained on the phone what had happened to the car’s rear window to the claim agent. An adjuster came out to see the car two days ago, took several pictures and left – he was there for a total of about 5-7 minutes. Today, I received a claim status update informing me that the claim is denied. The report stated that there was “Unknown Point of Impact” and that the damage is from “Wear and Tear.” What do you think of this situation? Any advice would be greatly appreciated.
January 1st, 2014 at 7:39 am #Jason

Budi,
As I was reading your post, I was thinking “wear and tear”. I can’t comprehend how a thunderstorm would cause damage to the back glass in a convertibled top. Thunderstorms are common weather occurrences.

Wear and tear is an excluded cause of loss within your policy. If that’s the case, your back window condition is not covered.
January 16th, 2014 at 10:08 am #Anne

We live in Michigan. The day after Christmas we were driving down the road and an oncoming car hit what looked like a chunk of ice, which shot it in our direction. We could not avoid it and ran over it. We thought the thunk was just the ice hitting our bumper.
We drove a mile to our destination and saw no damage to the car.
Upon trying to leave 4 hours later, we made it 50 yards before the oil light came on in our 2006 Chevy Cobalt. We parked the car immediately, and had it towed to our dealership. Our insurance company covered the claim under our comprehensive coverage.
The dealer had the car for 2 weeks. During this time they tried at least twice to repair the car, only to find a problem that needed another part ordered. Each time they drove our vehicle from their parking area to the service area and then back out again, even though the oil had all drained out. We were told the ONLY damage to the vehicle was a ripped oil pan. We asked if the engine was fine and were simply told yes.
We picked up the car on Friday. On Tuesday, we heard a clicking noise coming from under the hood. Enroute to the dealer to have them check the noise, the engine seized up. It was at this time that the dealership informed us that the Insurance company would not ALLOW them to assess whether there was any engine damage caused. That most likely a bearing burned out.
My question, who is liable for the repair? The insurance company that tried to get off cheaply without a full assessment? The dealership for NO disclosing that a full assessment was not done? Or could we possibly be screwed on this matter?
January 16th, 2014 at 12:42 pm #Jason

Anne,
The ice chunk seems to have caused a breach in the oil pan. Your policy covers direct damage due to that type of event. They should have also paid for towing to the repair facility. Now, this is where it gets complicated.

The impact of your car with the ice chunk is a distinct and separate incident vs. driving the vehicle without oil. The ice impact claim will not transition into coverage for the engine damage. The engine damage is an entirely separate incident. Driving your car with no oil will cause your engine to fail due to oil starvation. Oil starvation to an engine doesn’t just affect 1 or 2 bearing – it causes accelerated wear and complete failure to nearly every lubricated part of your engine.

I think your actions to stop driving immediately when the oil light came on and then getting it towed was the right action. The bad actions happened when the car was operated with the oil light on (and with little or no oil pressure) to and from the repair stall more than once. Although the engine siezed up during your return trip to the dealership, the irreversible damage had already occurred before you initially retrieved the car from the dealership.

Based on the information you provided, I believe the dealership destroyed your car’s engine by their negligent driving of your car. I think the dealership is liable for the damage. I think the dealership is liable and responsible for the engine failure, but you have to realize my opinion means nothing. Either the dealership has to voluntarily accept the liablity and responsibility for the damaged engine or you will have to get the liability legally assigned to them through a lawsuit.

If the dealership voluntarily accepts liability, they may attempt to repair the engine. Repairing your engine is not an option since it is destroyed. Sure, they could disassemble the engine and replace some parts to get it running again but that will only be a termporary fix. The entire engine is shot and the only repair is the engine’s total replacement.

Another unlikely option is to file another claim with your insurance company for the damage the body shop did to your engine while they attempted to repair your car due to the ice impact. Your comprehensive insurance covers damage due to a falling object, fire, flood, vandalism, or collision with an animal. Vandalism is the closest coverage for what happened but coverage by vandalism would be very tricky. The engine damage may not be classified as vandalism because vandalism requires criminal intent to cause damage. I’m sure the dealership did not intend to damage the engine. However, it can be argued that any reasonable person driving a car (repair technician) knows that driving a car with an engine oil light on is not good for a car and can damage the engine. It seems the technician drove the car with an oil light on knowing his action could be causing engine damage.

Now to answer you questions. I think the dealership is liable for your engine’s damage, but you have to remember, this is my opinion and it has no weight with anybody.

The insurance company did nothing wrong. There was damage due to the impact with the ice chunk and they provided coverage to repair the direct damage to the oil pan cover. They have no duty to test your engine because engine damage is not direct damage relating to the breached oil pan – instead it is indirect damage. The separate act of driving your car without oil is a completely different cause of damage.

The dealerhip does not owe it to you to do a full assessment. Their only obligation was to replace your damaged oil pan WITHOUT causing more damage in the process of performing that simple repair. The operation of your car with the oil light on was the action that caused the engine failure.

The part about being screwed. That is probably the most likely outcome unless this dealership voluntarily accepts full responsiblity for the damage. I don’t have much faith in the dealership doing the right thing so I believe you may be screwed.

Put a timeline together with all the details of what happened from the impact with the ice chunk all the way to your engine seizing up and talk to the owner(s) of the dealership and ask that they replace the damaged engine that resulted from their actions. They will probably say you ran the car with the engine light on as a defense but their operation of the car several times after it was towed leads me to conclude the car was not damage before it was towed – I think the damage occurred after it was unhooked from the tow truck.

The dealership should have a Garage Keepers Insurance policy. Ask the owner – if he doesn’t voluntarily accept liablity to replace your engine – if you can file a claim through their insurance. You can let the owner know their insurance will investigage if the dealership is responsible. The dealership insurance company will pay for the cost to replace the engine only if their technician’s actions were negligent.

I’m sorry this response is so long but your situation is fairly complicated.
January 16th, 2014 at 2:45 pm #Anne

Jason,
Thanks for your reply. Luckily, the insurance adjustor called me today, and said they were negligent in not doing an assessment when the garage suggested it. Therefore they are replacing the engine. It’s a used one, but luckily it has about 25,000 miles less on it than ours does, and has a 12 month warranty.
Guess someone was watching over us.
January 19th, 2014 at 5:49 pm #jennie

Hi I had my car park at a paid parking lot by the cruise port to go on a cruise. When I got back to the port, the cruise director had I’m form me that there was a fire at the lot where my car was park and that my car and 5 others has been in it. My car was the worst because it was park next to the car that had started the fire. The police and witnesses had stated that the car next to mine, caught on fire through his engine when he started his ignition.Report said it was not arson. Do you think he’s at fault? Will his insurance company covered my car? I did claim it through his insurance anyway but they told me its going to take awhile, so I claim it through mine. Did I do right? Do you think my rate on my insurance will be affected since I have to claim through mine? Also I needed a rental to go home and my rental is about to reach its max because of the size and one way rental fees, its more than what my rental rate average is. What can I do about this since there’s no settlement yet? Still need a car. Oh also what about my things that was in my car..can I claim that and have it replace? One more thing my insurance said that I did not need to pay my deductible, why do you know? Please help thank you
January 19th, 2014 at 6:12 pm #Jason

Jennie,
In order to be at fault, a person needs to be negligent. If his car started on fire and not because of anything he did or didn’t do, he is not at fault. Merely trying to start one’s car is not an action that can establish fault.

In all reality, his insurance should not pay for the damage to your car. Yeah, they told you it’s going to take a long time because they will not rush to deny your claim.

Who cares if your rates will stay the same or increase? If you dont’ want to make a claim, don’t make a claim so you don’t have to worry about it.

Since it is likely the other person is not at fault, you have to rely on your insurance. If you have rental coverage, that is great. If you don’t, try not to exceeed your policy expenditure allowances for rental costs. If you know your car is totaled, get a replacement car so you don’t have to worry about a rental car.

If your insurance company said you don’t need to pay your deductible, that is probably inaccurate information.
January 19th, 2014 at 6:37 pm #jennie

Thanks Jason, but one more thing, you said he’s at fault if he’s negligent. Can this be negligent? In the report its said that he came out to his car to leave but he said either notice or smell fuels or gasoline under his car hood but still made the decision to turn his ignition on, isn’t that negligent? Do you think I should call and ask the police if he was drunk? It was very early morning on new year day(5:20am) by the Frence Quarter in New Orleans.
January 19th, 2014 at 6:46 pm #Jason

Jennie,
Smelling something or seeing a wet spot under a car is not enough to establish negligence. It is enough to establish the guy was observant, but definitely not negligent.

Don’t go searching for things like the other person drinking or being drunk because his aware observations already demontrate that no one should suspect he was drinking anything.

I don’t care what day or time of day this happened. If you assume things, you will always be up against the odds.
February 7th, 2014 at 9:47 am #Stephan

I was involved in a car accident and the wreck was caused by the other driver. I went through the other persons insurance and my car was repaired. The problem I have is the insurance company refused to pay for all of the rental car fees. They claim the body shop took to many days and refused to pay $312.05 that was billed to my credit card even though I did not authorize them to bill my credit card. The body shop assured me they had this worked out with the insurance company but here I stand with this charge to my credit card. I have tried to get this resolved but neither party wants to help. Do you have any suggestions?
February 7th, 2014 at 9:58 am #Jason

Stephan,
You didn’t say if the rental was through the bodyshop, but I will assume it was. The bodyshop will charge for a rental and it will get paid for the rental regardless if they get paid by insurance or you. Your fight is not with the bodyshop.

You need to make your case with the insurance company that the rental car cost was reasonably priced and the number of days needed was necessary. It will boil down to how persuasive you can be. If the insurance company will not do the full amount, request that they consider another day or two for reimbursement above what they already allowed.
February 7th, 2014 at 10:29 am #Stephan

The Body shop set up the rental car for me when I brought the car in. The problem is that the insurance company is saying the body shop took to long to repair the vehicle because the body shop sent a supplemental report to the wrong e-mail address and there was a delay in repairing my car for 5 days. I can’t figure out how it’s become my problem because someone mad an e-mail error from the body shop to the insurance company. Again this accident was not my fault so why should I be punished. I have spent every day this week talking to people from both sides and all they do is blame the other company. I’m beside my self. The guy at the insurance company is a total jerk and refuses to budge.
February 7th, 2014 at 10:35 am #Jason

Stephan,
Bring your concerns to the insurance company manager. Make sure you have good notes and talking points to persuade the manager. Don’t deal with the adjuster anymore and insist that the insurance company be fair with you. Let them know the delay was all part of your car’s repairs and represents needed rental expenses that you should not have to bear because you didn’t cause the accident, yet they are passing these unfair expenses to you.
February 22nd, 2014 at 10:57 pm #Tim Boyd

I have a question that I cannot find the answer to. The other day we had 40+ MPD winds blowing. I opened my driver door on my 2003 Chevy Tahoe 4×4. I have full coverage insurance with State Farm on my vehicle, and was wondering if insurance would cover this? Will I have to pay my deductible if they do cover it, or will it be covered under Act of God, comprehensive, and they will fix it without me paying a deductible? I priced it at a body shop, and I am looking at about $1000.00 cash to fix it there, however, I know some body shops will estimate it a bit higher to cover deductibles. Is this considered legal or is it criminal for a body shop to do this? I appreciate any info you can give me.

Respectfully,
T. Boyd
February 23rd, 2014 at 6:37 am #Jason

Tim,
You didn’t mention what damage occurred but I will assume your driver’s door was sprung.

There is no such thing as “act of god” coverage. For the damage to your truck, it would be wind damage and that is a comprehensive coverage.

There are no conditions in which your deductible will not be applied to a loss. If insurance companies were able to waive a deductible, they then might start waiving coverage too. The terms of a policy (contract) need to be followed equally for everyone.

To inflate an estimate to deceive the party paying for it seems a bit low-handed and unethical. I’m going to let you decide if a wrongful action such as estimate over-inflation is legal or not. If you were paying for it, would you want the estimate to be higher than it should be? If a bodyshop is dishonest with their estimates, why wouldn’t they also be dishonest with the repairs they perform? Do you want to do business with dishonest people?
March 13th, 2014 at 12:45 pm #Jon Scott

I was in an accident 3 weeks ago and the insurance company is denying my claim. Back in Novemeber I traded in an 00 car for an 06, both cars were the same make/model. My wife forgot to call the insurance company and swap the policy from my old car to my new one. I was paying a full-coverage policy since Novemeber for a car I no longer owned. The insurance company told me that there is nothing they can do.

They have been taking my money since Novemeber for a policy on a car I haven’t owned since Novemeber and they won’t even pay for the liability coverage on the vehicle I hit. Is this fair? I feel like okay we messed up and didn’t swap the insurance over so we should have to pay for the damages done to my car. I don’t feel as though I should have to pay for the damages that I did to the other person’s car.

I don’t see how it is legal for an insurance company to be able to take my money and not help me at all. Can you all please give me some insight about my predicament.
March 13th, 2014 at 3:18 pm #Jason

Jon Scott,
The premium for liability coverage is the same no matter what vehicle you drive. Your insurance company should be paying for your liability to another person due to an accident you caused. They do have a point with collision coverage in that collision coverage is dependent upon the vehicle you insure. Write a letter and/or talk to the claim manager and ask that they cover the liability portion and argue that liability coverage isn’t dependent upon the vehicle you drive. You could ask for a refund for the physical damage coverage you paid for the last several months.

Other than that, you may have to consult with an attorney about your options.
March 22nd, 2014 at 8:32 am #Doreen

After my 1988 Corvette was flooded as a result of Hurricane Sandy, my insur. co. paid out more than the NADA value at the time to ‘fix it’. Now, after a year and 5 months, my u joints and wheel bearings are rusted out and the car is not driveable. My insur. co does not want to pay for these repairs. My contention is that the car should have been considered a ‘total loss’ at the time of the flood and I feel I was mislead into believing the work done was done properly and I had no cause for any future problems.Now an appraiser told me that in NY, Gov. Cuomo passed legislation specifically for Hurricane Sandy victims, that if the car got wet it got ‘totaled’. Can you tell me if that is true?
March 22nd, 2014 at 9:36 am #Jason

Doreen,
It’s very likely that Gov. Guoma suggested that flooded cars should be totaled but I don’t believe a governor has the authority to require that to happen. A requirement of that nature would require legislation by your state lawmakers and the implementation by the state’s insurance commissioner. I’m not aware of any laws that were passed that require a flooded vehicle to be totaled.

However, the insurance industry’s practice is that if a car does become flooded, it is generally considered a total loss. The total loss of a flooded vehicle is primarily because of the damage and corrosion effecting a car’s electronics systems. I don’t know the specifics of your claim or the extent of damage to your car. Given the fact that your car is 25 years old and u-joints and wheel bearings are subject to moisture while driving in the rain, snow, and on wet roads that the condition of your u-joints and wheel bearings is a matter of wear and tear and not attributed to the flooding event. New Jersey uses salt and brine type products on their roads – rust thrives in these kinds of conditions.
March 25th, 2014 at 7:10 pm #bre

I took my 2001 jeep grand Cherokee on for a oil change Feb 10,2014 on march 13 my motor was blown.I had a Machanic check out the car to see what was going on and he checked the oil and there wasn’t a drip of oil in my car. Super dry so I got it towed to the shop and they confirmed it was the motor due to lack of oil.. not understanding why there wasn’t any oil in my car not a drip. So I called corporate because the worker was rude and lost my key. Than tried to blame it on me saying I picked it up.. I worked all day that day. So not only my motor is gone I have no way to enter my car….pissed
March 25th, 2014 at 7:45 pm #Jason

bre,
You didn’t ask a question but based on your post, I’m going to comment. You had an oil change done and within a month, the engine was ruined due to a lack of sufficient oil lubrication.

A 2001 Jeep has a low oil warning light on the dash. This light will illuminate if the oil pressure is not within the range it should be. Continued operation of the vehicle with the oil light on will cause the engine to sieze due to oil deprivation. I can assure you that there was some oil in your engine if you were able to operate the vehicle for over 3 weeks.

Operating a vehicle without sufficient oil in the engine is not an insurance concern. Nothing in your post relates to insurance so I will stop here. This is an insurance help site and not a site to vent your frustation. Also, I don’t understand anything you mentioned after, “So I called corporate…”.
March 30th, 2014 at 11:59 am #Owen

I think you are helping a lot of people with this site. Many people get traumatic shock when in a crash and then it gets worse when they find that the insurance and the law are not much help. The insurance companies do everything they can to not pay out and the law is too expensive for the majority of people to afford justice. So Thank you for your help with this site.

A 19 year old crashed into my parked 92 ford ranger and pushed it into my 2005 chev impala. 92 truck has $ 6000 dollars damage and the 2005 impala has $4000. The cars value is about 6000. If they fix the car can I sue the driver for accelerated depreciation because it will be listed as a repair vehicle and the resale value will drop? What about Lost opportunity cost for the loss of the truck? I can’t get another truck so can I sue for the $150/month that I will lose from the jobs I had, for the next 3 years till I can afford another truck?
March 31st, 2014 at 5:47 am #Jason

Owen,
You can sue anybody for almost anything. Being successful depends upon whether you have a strong case or one that is frivolous. Suing a person after you settle the repair damage would not be a good approach. Instead, you should make a claim with his insurance for diminished value. You have to prove to them that the value of your repaired car is now worth less than a similar car with no previous repaired damage. I am not a proponent of diminished value so I offer no support or advice for that.

I fail to see how you can’t afford another truck if you are compensated for you truck’s repair or its ACV so you can buy another one. Suing for hypotheticals and “what ifs” are not good legal positions. Again, you can sue anybody for anything but people should only do so if they have a strong and winnable position.
April 1st, 2014 at 6:52 am #Phil

My wife and 2 boys were rear ended by a drive. The drivers insurance wants to pay out less then half of what the medical cost are for medical and pain and suffering. Medical bills are over $9,000.00 and they offered under $5,000.00. They feel that my insurance company will not come after me for the bills paid. What are my options here?
April 1st, 2014 at 8:41 pm #Jason

Phil,
I don’t know enough about your wife’s and sons’ injuries or treatments to make any comment. The insurance company probably has obtained their pertinent medical records and may have determined what is reasonable and expected from the rear-end accident they were in. If you have $9000 of medical bills, the insurance many not be including $9000 as medical bills related to and from the accident and that’s why their offer may be what it is. If you believe you need an attorney, you may want to consider that route. If your wife and kids have incurred medical bills, they are responsible for paying them regardless of the careless information the other driver’s insurance company is saying.
April 27th, 2014 at 2:40 am #Bilal

Jason,
I have a 2001 s2000 convertible. The soft top is very thinned out now and has a few tears in it. Does insurance cover cost of soft top replacement? I have state farm with full coverage. If so, will my insurance rate go up? Thanks!
April 27th, 2014 at 5:57 am #Jason

Bilal,
What you just described as “very thinned and now has a few tears in it” would be considered wear and tear and would not be covered. For example, if a tree limb fell on your convertible top and punctured it, then coverage would apply. The requirement for coverage is sudden and accidental.

I don’t know if your premiums would go up after filing a claim.
April 28th, 2014 at 4:16 pm #Jeff

My wife was backing out of a parking spot at the mall. She stopped half way out as she saw a car approaching fast and tried to go around her with out waiting and before she could pull back in the car scraped her back bumper. My wife claims it was the other drivers fault. We told our insurance company that it was the other persons fault. We just found out they paid the other persons claims with contacting us first. We dont believe this is right and they should have fought it and/or contacted us for approval first. Now they have raised our rates. What can we do?
April 28th, 2014 at 4:52 pm #Jason

Jeff,
You already grant the insurance company the authority to settle the claim any way they deem appropriate. That authority is included in the wording of the policy itself. That authority doesn’t require contacting you (or obtaining your approval) prior to settling the claim.

It appears your insurance company didn’t believe the story your wife provided about how the accident happened, along with the physical damage on each car. Frankly, I don’t believe it happened the way described either. Just like your insurance company, I would have assigned the majority, if not all, of the fault to your wife. Your wife may want to review safe backing procedures and defensive driving techniques. These links focus on vehicle backing but there are many resources available: safety (dot) com/articles/backing-dangers

cna (dot) com/vcm_content/CNA/INTERNET/Static-File-for-Download/Risk%20Control/AutoFleet%20Safety/RC_Auto_Bul_BackingTechniques_CNA.pdf
April 30th, 2014 at 9:19 am #opal

I have a 2013 Black Diamond Avalanche, I was rear ended January 2014.
the impact caused severe damaged to the frame. Repair shop had to replace the frame. They had to farm it out to a specialty frame shop to dismantle, remove old frame and install new frame. Insurance company would not total because they said the damage was not 65% of the value. Will I now have a rebuilt title? I am filing for diminished value. How do I come up with the diminished dollar amount?
April 30th, 2014 at 12:46 pm #Jason

opal,
If the damage reaches a certain threshold, such as 80% of the vehicle’s pre-loss value, then it would be totaled and have a salvage title assigned. At 65%, that threshold doesn’t seem to have been met yet – but your specific state may have a different threshold, such as 75%.

With a diminished value claim, you have to prove that because your vehicle was in an accident and repaired, that its current value is less than an undamaged similar vehicle. I’m not a proponent of dimished value so I have no futher information to provide.
April 30th, 2014 at 2:18 pm #LInda

I was recently involved in an accident where the other driver is at fault. We both have Progressive. I am going to need at least a doctor visit and maybe a couple of chiropractor visits. They said another adjuster will call me about this. They, of course, want me to use their “preferred” car shop and I won’t have to put down a deposit for the rental car if I do this. But I plan on getting at least one other estimate from a place I trust. Anything I should look out for seeing as we have the same company? Aren’t both agents just going to try to keep my costs as cheap as possible? Her agent said “we are taking the majority” of the claim. I’m not sure what that means, but I will have to find out of course. I wish my adjuster had called me back before I spoke with the other side, but that’s my fault! Linda
May 5th, 2014 at 9:12 am #Robin

So I’ll start with the basics: in TN, I was hit by a middle aged man in a Toyota tundra who was texting and driving while in my 2 month old brand new 2013 honda civic (rated safest car for 2 years;)). Later was found to be totaled after I fought with them for two months over my brand new car, which was vandalized at their storage yard during this which caused 4000 more damage! Finally, they totaled it and paid 23897 out and my gap paid the rest but I lost the 1500 cash down I put on it at first! I had to rent a car for 2 months which my insurance paid and they paid them back (700) Guilty party would not speak to me not exchanged information and the police said he had insurance but I had to wait for the police report ( apt. 2 weeks which I had to pay for). The police cited him for following to closely and texting/reading while driving and I was 0% at fault. Police took witness statements who also said that he was texting and as in the police report. No one had severe injuries at the time so no ems was called. I was 4 hours from home and had to stay in a hotel and could not drive home the next day and had family pick me up. I could not move the next day and had pain in my shoulders collar bone neck and right side. I went to my doctor for a routine after accident physical. After X-rays, he said I had no broken bones, but had collar bone bruising, “whiplash” extension injury and sent me for ct for side pain. This said I did not have any liver injuries but had an inverted jejunum which was causing pain and could need surgery to fix (I did not and deal with it now as it flips back and forth) this was caused from anxiety and stress of accident. I also had a “5ml hypodense lesion (blood filled) on my kidney that they could not “prove from insurance perspective that it was wreck but they said it was from seatbelt. Not to mention stress and increased anxiety. Then I had physical therapy for 3 months in different increments with hot cold therapy, electro therapy in therapy and at home, massage therapy, and exercise. He didn’t do an MRI for neck problems until a month in a half after accident which did not show any bone problems. He said it was severe inflammation and gave me Vicodin and then mobic/meloxicam then doclofenac for inflammation but I was allergic to both and could only take aleve after that soooo I had to suffer through it. I was finally released from doctor with “no lasting effects), yeah right! I also lost my sales job which I travelled about 4000 miles a month for because of my lack of sales which was effected by the fact that I had four dr apts a week at least for 5 months and my boss is willing to make a statement in support of this claim. I am ready to settle and med bills are around 6000 I believe, my pain and suffering, and my credit dropped from buying and paying off a car in 2 months and buying the replacement! I’ve been to several lawyers and they won’t take my case bc I “too organized and I don’t honestly need them bc I have done all the work they would do”. Bc I wrote out the incident of accident statement (that night of wreck so it was fresh on my mind) records of all bills and apts, and a page with the statement and medical effects and problems I’ve had. I just am not sure what to ask for or what range settlement to ask for if you could help please? (Sorry for the length.)
May 5th, 2014 at 11:40 am #Jason

Robin,
It’s your claim and you have to decide what amount you are willing to accept as settlement.

You can go to this site and use it as a guideline:
alllaw (dot) com/articles/nolo/personal-injury/calculator.html

Just to save you some frustration, your multiplier would be on the low end. Disfiguration, limb loss, brain injury, coma, and the like would be at the upper multiplier range.
May 5th, 2014 at 1:50 pm #Robin

Thanks, I was thinking of 22,000 is that too much in your opinion?
May 5th, 2014 at 4:42 pm #Jason

Robin,
I know nothing about your injuries, treatment, or claim. It would take too much analysis of your entire claim to provide an opinion. That is not something I do.
May 5th, 2014 at 4:46 pm #Kevin

I recently encountered a flooded street that resulted in my car stalling and sitting in approx. 36 inches of water for 2 hours. I have active comprehensive coverage with a high deductible. The interior floor of the vehicle was soaked and debris was left in the engine/lower portion of the air filter and engine compartment. The vehicle sat waiting for an adjuster for a period of 7 days. Following the initial inspection of the adjuster the insurance company began claiming that the cars mechanical issues may be preexisting and non water related as the adjuster found no evidence of water in the engine and engine oil. The car is now being transported to a dealership for full diagnostic check and assessment of the causes of any damage. There was no issue with the vehicle until the flood incident. I have provided photos of the vehicle while submerged to the insurance company. Is there a particular course of action insurance company is pursuing by denying that an interior soaked vehicle has no water related mechanical damage? A secondary part of this is the insurance company stating that no water related mechanical damage will result in my rental car reimbursement being cancelled as well. In your opinion how should I pursue this ongoing claim? Thank you for your time and patience.
May 5th, 2014 at 5:19 pm #Jason

Kevin,
36 inches of water would be a couple inches lower than the side windows on a car. If the water level was that high, then the entire engine was basically under water.

Your car will have initial damage due to being flooded. Over time, and with high probability, there will be additional issues you will have with the car. The primary failures will be electrical.

If the water was 36 inches high on the car, it should be considered flood damaged and totaled. Be persistent with your claim and make sure the dealership is aware of the water level the car was in. Make sure the dealership provides an accurate report to the insurance company.
May 5th, 2014 at 7:32 pm #Kevin

Jason,

Thank you…that is great advice, I will pursue and update accordingly. Thanks again!

V/r

Kevin
May 5th, 2014 at 10:36 pm #Yolanda

We own a 1987 Toyota pickup and have it insured for liability only, no comprehensive. My son totaled the truck the other night on the highway when he hit a deer. He has had one previous accident. Our insurance agent is telling us it will be cheaper to NOT remove the truck from our policy as the insurance company will automatically assign one of our other cars on the policy to him, which will actually drive up the cost of our premium. It seems ludicrous to keep a totaled car that cannot be driven on our policy. Are we being strung along? The insurance co. is Farmers.
May 6th, 2014 at 4:53 am #melissa

We recently had server storms and hail. I have insurance and made a claim on my car. My house has a 5k deductible and I did not make a claim but I have tons of roof damage even a broken window, but with the high deductible I know I can have it replaced cheaper and no rate hike. The car I took into the adjuster and after about a week or so I had to take it to a special adjuster that explained there is a red mark on the car so it looks like fraud? out of I don’t know 30 to 50 dings there is a red mark in one. Ok there is a red mark on a seven year old car. I haven’t had any kind of insurance claim in ten plus years and that was a fender bender and then 8 years before that one that was not my fault. I have no criminal record. Have made some repairs to the car already (windshield). Have plenty of money to make all repairs in the bank but thought “this is why I have insurance” This guy wants pics of my roof and window no big deal I can email but statements from neighbors? All this for a fifteen hundred dollar claim? He keeps saying this is normal? It doesn’t feel normal! I honestly don’t have anymore time for this run around but keep jumping threw hoops cause isn’t this why I have insurance? What if this was a large accident or claim? It is geiko by the way. Any advise, help or comments are appreciated.
May 7th, 2014 at 3:06 pm #Kevin

Jason,
As a follow up from my recent comprehensive flood damage claim question on 5MAY14 at 4:46pm I am now having issues with the dealership conducting diagnostics. The basics are the mechanics found a water saturated air filter, “liquid” in the oil pan and a small knock on the engine (pending explanation). The service manager is stating that the liquid in the oil pan may be radiator fluid (although the pressure test revealed no leaks) but they can’t be sure as the oil and liquid was “churned up”. This leaves me with a situation where the car was submerged, evidence water entered the engine exists, and strong indications damage was done to the engine was done due to the introduction of “a liquid”. For what the insurance adjuster and mechanic is telling me to be true one of two things must have occurred; either a catastrophic mechanical failure to the engine occurred simultaneously with the car entering the water but was not the result of said water OR the issue existed previously and I am filing a false insurance claim (as it would be impossible to not notice the engine light, performance issue, etc that this type of failure would result in). It is highly aggravating for it to be insinuated by my insurance provider that I may be involved in a felony (as I’ve held the policy for well over ten years, never reported a claim, do not have any criminal record, never had a ticket in over 20 years of driving and am an active military member with a distinguished and unblemished record).
My questions for you; am I over thinking this situation or am I wrong and what should be my next steps when the claim is officially denied (which will result in bills for rental car, towing, diagnostics, etc.)
Thank you again, your advice is greatly appreciated.
May 7th, 2014 at 3:31 pm #Jason

Kevin,
Yeah, you are over-thinking it. Just present your claim as it happened. If your car is flood damaged, it should be totaled based on the depth of water it was in.

If you write again, identify the car involved in your claim. Make, model, year, mileage, length of your ownership, in what state the car is garaged, and the state in which it was purchased – if different.
May 9th, 2014 at 5:34 pm #Kevin

Jason,
Your were right, I was overthinking it. Of course I have a follow up questions though. The mechanics have confirmed the damage to the car was from water. At this point, without even opening the engine and electrical the estimate for repair is at $3100. The senior mechanic stated “normally these get totaled”. The adjuster spoke to the mechanic and wants further diagnostics to figure out the engine (clanking sound and engine light flashing) and check the electrical. On the model of car that means the entire interior carpet has to be ripped out to check this (which is actually good since that should solve the mold on the fabric worry if I get the car back). The mechanic also said that the adjuster thinks the car will be totaled but he wanted to make sure. Interestingly, the adjuster also gave the mechanic a value of the car at 11K, which is far more than I expected to hear. So I’m preparing to deal with a possible negotiation on if the call is made to total the car. I plan on purchasing the book available on the site to assist. Does everything above make sense in your experience?

A second question…at what point does an insurance company reach a point of diminishing returns? If the car were to be totaled following the next set of checks…it comes to approx. 4K in diagnostics and already completed repairs/replacements est. $500-$600 in rental car, another $250 in towing, time and money for the field adjuster…then a possible 11K (probably high) payment for a new car? I’m not a genius but we have to be approaching 20K spent by the insurer when the claim could have been settled for half of that. Don’t they have a algorithm for this or do insurance companies enjoy playing long odds? Thoughts?
May 9th, 2014 at 6:57 pm #Jason

Kevin,
I don’t know why you would even want the car back. Flood damaged cars are totaled because they have proven to be trouble from the time of the flood until they are scrapped.

The adjuster probably has already done a valuation on the car with the expectation that it will be totaled. He probably used a company called CCC Valuescope, or a company similar, to obtain this information. You can look for your vehicle’s approx. market value by going to NADA (dot) com.

The adjuster has to document every decision (and payment) they make so what the adjuster is doing is very reasonable.

The insurance company has guidelines about many things they do. They basically have “free” money that they work with to settle claims. The “free” money is basically the total of all the premiums collected. I’ve seen it where cars have been repaired entirely only to then be totaled. Of course the adjuster has to make reasonable decisions based on cost and return on investment but you have to remember – it’s not the adjuster’s money so they can sometimes go overboard to document their decisions.

I have a feeling the insurance adjuster knows the car will be totaled. He just has to support his decision and sometimes that support costs a bit of money. Your claim total is essentially a drop in the bucket considering all the money that flows in and out of the insurance company.
May 29th, 2014 at 7:50 pm #Jason Miller

After submitting a claim for some minor body damage, my insurance company issued a check to me AND the body shop who supplied the estimate. We have decided not to repair the car and instead sell the car at it’s decreased value with the damage. The body shop refuses to sign the check unless we pay them 30% of the amount, even though they will performing no work at all. Please tell me this isn’t legal in Ohio.
May 29th, 2014 at 9:30 pm #Jason

Jason,
The body shop is charging you 30% for their signature. No signature is worth more than .02 cents. Contact your insurance company and inform them you are not getting it repaired at the body shop. (Let them know what the body shop has demanded of you) and ask that they issue the check only to you. If you have a lienholder, the check may include your name and that of the lienholder.
June 1st, 2014 at 4:30 pm #Joseph Whitlock

Hello I was involved in a car wreck and theu said as long as my bills didnt add up to 5000 dollars I can go to the dentist how do I go about getting a dentist appointment
June 1st, 2014 at 8:50 pm #Jason

Joseph,
Your question is not insurance related, but the best way to get a dentist appointment is to call a dentist office and ask for an appointment. You can find dentists in your area by looking in the phone book or looking online for dentists. Perhaps your friends or family can recommend a good dentist.
June 2nd, 2014 at 11:44 am #Brian Mcdermott

I was in a car accident.I was injured,I was told it was just a bused hip from the VA.it would go away in a few weeks.
I signed a release of all claims and agreement from the insurance company.
After more problems with the hip. I saw a Hip Doctor in the private sector.The doctor did a digital image and there was a tear not a bruise.
I called the insurance company of the insured.
They refuse care or treated because of the signed release.
Is there any way to void or fight the release form?
June 2nd, 2014 at 2:10 pm #Jason

Brian,
With bad or incomplete information, you essentially stopped any consideration for your injury. There is nothing you can do.
June 2nd, 2014 at 5:45 pm #Sheryl

My daughter was hit by a driver who ran the red light. She was driving a brand new 2014 Kia Forte. Allstate will not budge off of the CCC appraisal which leaves her $3000 upside down. She did not have gap insurance. I am at a loss as to how to handle this.
June 2nd, 2014 at 6:08 pm #Jason

Sheryl,
If the other person’s insurance is Allstate and she is not satisfied with their offer tell them, “No deal”. Then have your daughter file the claim with her insurance company and settle it with them. Sure if she settles with her insurance, she will pay her deductible, but that deductible will be recovered from the at fault party’s insurance company by her insurance company and sent to your daughter to reimburse her.

If Allstate is your insurance, ask them what grade they used for the car’s condition. They range from excellent, very good, average, fair, and poor. If the vehicle is brand new and they are using a condition grade of anything other than excellent, then they are not dealing with her fairly. Have your daughter obtain a copy of that report. They should be able to send it to her because it is a direct document that the insurance company is using to value and settle her vehicle damage claim. If she or you can’t find the condition grade on the document, ask the adjuster what the condition grade is. If he says there is no condition grade, respond back on here because that is not true. Every CCC report has a condition grade but they hide it in the details very well.

Oh, and one more thing – If your daughter is insured with Allstate, have her switch to a different insurance company immediately. Allstate continues to rank very low with claims satisfaction for their customers. A starting point to look for another insurance company can be found at the top of this page under Best and Worst Insurance Companies.
June 4th, 2014 at 9:45 pm #jeff

hey,

i live in pennsylvania my car was hit by a women with a suspended license. we call her insurance infinity auto insurance , they came and look at my car and reported it total lost. they email me a estimate of the value of my car. i call the adjuster and he telling me that the driver is not picking up their phone call that the investigation is still going on and also saying the driver is not on the policy, most likely they are gonna deny my claim. what should i do???
June 5th, 2014 at 7:13 am #Jason

Jeff,
Stop relying on other people’s insurance to cover your property. Turn the claim into your own insurance company if you have collision coverage. If you don’t have collision coverage, you are at the mercy of whatever the other insurance company decides to do.
June 5th, 2014 at 7:55 am #Barry

Jason,

Wouldn’t an uninsured motorist policy come into play in Jeff’s case, if he has it? I know in my state, we are required to carry it.

Barry
June 5th, 2014 at 8:23 am #Jason

Barry,
No, the uninsured and underinsured motorist coverage is an injury coverage. The full name of it is uninsured/underinsured motorist bodily injury coverage. It covers the excess, or absence of, liability coverage for bodily injury when the other person’s policy either doesn’t exist or has low coverage. It provides no coverage or benefit for damage to property.

There is a rarely used coverage called ‘uninsured or underinsured motorist – property damage’. But if you think about it, this kind of coverage is redundant if you have collision coverage.
June 5th, 2014 at 9:11 pm #Jason

If you want to protect your car, you need to have comprehensive and collision coverage for your car. If you want to protect your passengers or yourself in your car in case they or you are injured, you need to have medical coverage. If you want to be protected from claims in case you cause property damage or personal injury, you need to have liability insurance.

In order to find good coverage, research the ratings of insurance companies. This kind of information is readily available. An independent insurance agent can guide you to good companies and help you determine your insurance needs. Insurance protection is something everyone needs to know AND understand. Everyone should review their insurance needs every 2-3 years and make appropriate changes in their insurance company and/or their coverages.

Everytime I hear someone say they’ve been insured with the same company for 30 consecutive years, I cringe because they have failed to evaluate their insurance company and their insurance needs for 3 decades. Being insured with the same company for 30 years is a sign that you don’t know what you’re doing – except thoughtlessly writing checks to the same insurance company for 30 years. You all have to realize that there is no long-term relationship benefit to staying with the same company for any duration. You may think that realationship is important but it’s not.

If you don’t have the right kind of insurance protections, don’t rely on other people’s insurance to protect your property.
June 10th, 2014 at 4:38 pm #John Cannon

I have the interior out of my vehicle, stored inside while upgrading my audio system. The interior is stored at my mom’s house where the car is being worked on, on the weekends. Well she uses a glitter powder in the morning and it is all over my interior. Leather seats door panels, console. 90% of my interior. Is there an exclusion in most policies that exclude coverage if the interior is out of the vehicle? Thanks!
June 10th, 2014 at 10:28 pm #Jason

John,
I fail to see damage in having glitter on the interior surface of car. If there is glitter on those items, simply clean the items. Leather seats should be the least of your concerns. You won’t know if it’s covered (considered damage) until you make a claim.
June 12th, 2014 at 5:56 am #Ken

Hello, I have made a auto accident claim with another drivers insurance company. The other driver was at fault, was cited by city police, and my car has been deemed a total loss. However it has been well over 60 days since I made my claim and I have no infromation as from the insurance company other than to say “they are waiting for photos of the other drivers car”. I have provided an inspection of my vehicle, photos of my vehicle and a full police report. The insurance company seems to be stalling and will not give me any information on my claim. I have had to buy a new car out of my own funds and am worried I will not be reimbursed a fair amount.
Is there a time limit in the state of Florida governing how long a claim can take? Is there anyway for me to claim additional loss due to the length of this process?
Thank You for your time
June 12th, 2014 at 1:06 pm #Janelle Conte

My car was wrecked on a transporter. I had a photocopy of the signed paper detailing any damage to the car when they picked it up. They added extra hashmarks where they wrecked the car. Of course, they were found at fault. The co sent a check minus 1000k for THEIR deductible, which they say WE are responsible for. Can they even prove their insured didn’t pay that?
Thank you and I will donate regardless of whether the answer is in my favor.
June 12th, 2014 at 3:37 pm #Jason

Ken,
Don’t rely on other people’s insurance to cover your property. In order to quicken the settlement, submit the claim to your insurance company if you have collision coverage. If you don’t have collision coverage, that means you are self-insured and you risk incurring any damage that occurs to your vehicle.

Insureds, claimants, and the insurance company want claims settled as soon as possible. But there isn’t a time limit in which claims have to be settled. I fail to see any additional loss due to the amount of time you’ve waited for the other person’s insurance company to respond to you.
June 12th, 2014 at 3:45 pm #Jason

Janelle,
Private consumer insurance for homeowner, vehicle, and personal liability is paid by the insurance company starting with the first dollar – there are no deductibles involved.

With some commercial insurance policies, there is a liability deductible that the insured company has to pay to the claimant. In this case you are the claimant. No, that is not a deductible in which you are supposed to absorb. Instead, the transporter should be paying the $1000 deductible to you. The transporter has a liability deductible in an attempt to reduce claims submitted to their insurance company and so the transporter can have lower insurance premiums.
June 18th, 2014 at 5:13 pm #neftalie

hello! First I want to thank you for having this site up! Just the concept of being able to reach out helps everyone here.

In the short, my 2002 volvo s40 was struck by a another vehicle made airborne by a drunken driver. My car and several others were parked in my work parking lot. The airborne vehicle smashed into us all and my right side door in the front is severly damaged and the rear is demolished, along with the rear quarter panel as well. I did not have collision on the vehicle.

The person who caused the accident was cited by the police and it was found that he did not have insurance and did not purchase additional insurance from AVIS.

Avis opened a claim for me and then when I called, stated that they are not responsible under California Law. “Under California Law, the driver and/or his or her personal auto liability carrier are primarily liable for all injuries and damages sustained by third parties. (Interinsurance Exchange of the Automobile Club of Southern California vs. Spectrum (1989) 209 CA 3rd 1243).

Avis is not covered by insurance for the above referenced accident, nor is it self-insured under any applicable statute. Rather, Avis has satisfied the financial responsibility laws by depositing the appropriate security with the Department of Motor Vehicles. Their liability is statutorily limited by California Vehicle Code Section 17151.

However, although this is the case under california law, I heard that this just means that the driver is PRIMARILY responsible, however, if I can’t be made whole by the driver, (who is uninsured) then Avis would be the second person responsible for repairing my vehicle.

I don’t have a lawyer yet, and I’m a student so I am trying to see if I can fight this. I do not have the money to repair my vehicle at all and they havent tried to do anything for me.

Thanks so much
June 18th, 2014 at 7:25 pm #Jason

neftalie,
The way the rental companies self insure, they avoid both liability and the state law requirement to have insurance. They are getting the best of both worlds. First, they avoid insurance requirements because they post a bond with the state that indicates they self-insure. The way the laws are written, the most an uninsured liable party can be responsible for any loss is the state minimum insurance requirement which is really low. According to law, the rental companies are technically uninsured. Self-insured does not equate to insured. Rental companies have been skirting this issue (and liability) for decades. Recently, a case in WI caught my attention. Review it by this link: jsonline (dot) com/news/wisconsin/rental-car-liability-laws-led-to-absurd-result-supreme-court-says-i18k0dm-189461631.html With interpretations like this, I wonder why we have laws at all.

Getting down to the basics using past experience and reasoning behind who is responsible, the driver of the rental car is responsible for what he does with the vehicle and the property damage/injury that results. The rental company cannot, in good faith, be held responsible for the action of the driver’s negligence. That is, unless the rental agency knew or should have known the driver was going to be negligent and cause injury, death, or property damage.

As I see it, your only avenue of recovery is from the driver and nobody else. If this guy drives without insurance and drives under the influence, you might just be wasting your time and money trying to hold him responslble for the damage he caused.

I see you focused on the word PRIMARILY responsible. Primarily can include ENTIRELY responsible too. You have to prove you can’t be made whole by pursuing the responsible party (the driver). Even if you were able to collect $10 a year from the at fault driver, eventually you could be made whole. Proving things is rather difficult.

Please feel free to correct any information I’ve submitted. Also, save this site or register to receive updates on posts submitted so you can add your insight for others who post questions.
June 19th, 2014 at 6:47 am #Paul McCain

OK, here’s a crazy one.

We had our car stolen about two months ago and it was declared a “total loss” by our insurance company. After they declared it a “total loss” they told us we would be receiving $15,000 for it. This was repeated many times by several people at the total loss department. We went through all the paperwork, complied with all their requests for paperwork, and then on Monday of this week, we met with the adjustor, signed over the title and received a check for $15,000. We deposited it immediately and have already spent it.

Today, Thursday, I get a call from State Farm and the lady says that they made a mistake and paid us way too much for our car. We should only have received $4,600.

She tried to press me on what we did with the money and I refused to answer and simply said, “Wow, well, this is certainly unfortunate, and puts us in a real bind, but I don’t feel responsible for State Farm’s error, particuarly after all this time and after we went through the process and signed over our title and received a check.”

She said she would “check with her supervisor” and get back to me.

Can State Farm come after me legally over what clearly was/is their error? They said they got our car mixed up with somebody else’s car.
June 19th, 2014 at 3:31 pm #neftalie

Jason,
I just wanted to thank you for your help! I will post later as the situation develops. We all really appreciate you having this forum for us all.

Best,
Neftalie
June 20th, 2014 at 8:28 pm #Jason

Paul,
I believe the claim is settled. The only reason the insurance company would come after you is if there was fraud on your part. If you knew there was an error in the claim and you did nothing – I don’t know if that would amount to fraud.
June 21st, 2014 at 12:53 pm #Agnes

Hi, I have a full coverage on my car. During the last winter it acquired a lot of minor, unclaimed damage to the body like: dented bumper on one side, scratched/cracked bumper with damaged light on the other. Also a scratch on the side.
What can I say. I live in Chicago and we had a pretty rough winter this year.
My question is : How can I get my Insurance Physical Damage Coverage to pay for fixing the damages?
June 21st, 2014 at 7:16 pm #Jason

Agnes,
Insurance is designed to take care of accidents or occurrences of damage that are sudden and unexpected. Your description of events related to your car sound like a whole bunch of small occurrences that happened not during a single event, but during many events spread out over time.

Insurance is designed to provide coverage after your deductible has been met for each occurrence. If you had 3 or 4 total events, 3 or 4 deductibles would apply. This reduces the quantity of claims filed and makes sense so you absorb the small damage incidents and insurance only gets involved for larger dollar claim amounts.

How can you get your physical damage insurance to pay for the damage? Well, first you need to make a claim for each occurrence of damage that occurred. Since you indicated bumper damage, scratch on the side, and light damage, there will be at least 3 separate claims set up. Your comprehensive or collision deductible will apply to each claim you submit. You have to understand that this isn’t some game that allows you to make 1 claim for a number of incidents that happened over the period of a winter. Making 2 or more claims for damage will put a bit of focus on you to discontinue (cancel) your insurance coverage so take this into account. For the dented bumper, you will need to know if you hit something or if someone hit you. You will also need to submit the date it happened. If a police report was filed, you will need to provide that information too. You will need the same information to both your light damage and your scratch damage.
June 24th, 2014 at 12:35 pm #JC

My car was totaled out by my insurance company. I had just gotten a new engine put in 900 dollars for engine 1400 for labor. My insurance company doesn’t want to pay me for the labor when I provided them wit receipts for the engine and labor..do I have any rights ?to the labor . Also they went in and paid me the lowest estimate they could find for my vehicle
June 24th, 2014 at 12:36 pm #Khang

I was recently in a minor accident (another car backed into mine in a parking lot). Insurance company of other driver has admitted fault. My insurance is CSAA. I had a child car seat in the backseat of my vehicle when it was hit, but the car seat was not occupied at the time. The car seat manufacturer (Graco) recommends that the car seat be replaced whenever it has been in an accident, no matter how minor. I emailed my insurance about reimbursement for replacement car seat. I was told that I can only get reimbursed if the car seat was occupied at the time AND damaged. A few question I have:

(1) I know CA law REQUIRES that insurance reimburse for a car seat that was occupied at the time of accident (without regards to damage suffered), but if the car seat is damaged (and I don’t know if it is or not, but manufacturer’s recommendation is to replace it), does it need to be occupied at the time also? If it’s damaged (even if it wasn’t occupied at the time), shouldn’t it be part of the claim like any other property?

(2) Isn’t this ultimately a claim against the other party’s insurance? Why in the world is my insurance (which presumably has every interest in making sure that I’m using a fully functional car seat and that my child is safe while in a vehicle covered by them) would fight me on this versus making a claim against the other party’s insurance on my behalf?
June 24th, 2014 at 3:07 pm #Jason

JC,
When a motor goes bad in a car, it needs a replacement. A car without a motor is worth the amount a person could get for scrap at a salvage yard.

Putting in a motor that costs $2300 is the price of maintenance to own a car that can be driven. Although your expenditure was $2300, your car’s value did not increase by $2300. Instead it increased from scrap metal to a car that was now able to be driven. Should you be paid more for your labor? Well, the claim isn’t settled until you agree to the terms. If you refuse the settlement, then the insurance company has an unsettled claim they can’t close.

I don’t know why the insurance would be using estimates if your car is being totaled. They should be using a CCC Valuescope (or similar) valuation product to determine your car’s total loss value.
June 24th, 2014 at 3:09 pm #Leslie B.

I was in an accident at the beginning of the month, the driver that hit me took full liability. The accident happened while I was out of town, in Mo, however, I live in Tn and the original adjuster did not believe my car was totaled so I had the car towed to a closer shop in Ky ( I live right on the border of ky and tn). The shop submitted several supplements into the insurance company and have told me they believe my car will be a total loss. I have looked over the adjusters reports in which they used CCC to come up with the value of my car. This value came out to 3000 under the NADA value for my vehicle. Additionally, there are no vehicles matching mine in make, model, and year within 100 miles of my zip code so the CCC compared my vehicle to 3 of the same vehicles (07 Mitsubishi Endeavor) from over 150 miles miles away, including one all the way in Ga. I checked the website that these vehicles supposedly belong to and they either do not exist or have been sold, furthermore I dont believe that these vehicles are considered to be in my market. I have not found any 07 Mitsubishi Endeavors for sales within a 100 miles. Now I have found comparable vehicles with similar features in my area, which reach well over the 8000 that they are saying my car is worth. How do I go about arguing that 1. The vehicles they compared mine to are no longer available. 2. The vehicles compared were not in my market area. 3. The vehicles that are in my market area are considerably more. 4. I can not find a vehicle comparable to mine with their current assessment. 5. That their job is to put my into the same position that I was in before the accident.

Also, I had spent $551.00 on tires just 2 months ago, yet they only calculated 50 bucks for my tires?

Do I need to ask for a private adjustor that will actually compare my vehicle to similar ones in the market area? Do I need to send the adjustor links to cars in my area with similar specs to show that values of these cars range anywhere from 14000-16000 thousand?
June 24th, 2014 at 3:20 pm #Jason

Khang,
I wasn’t there to witness the other car backing into your car. For you to be focused on the car seat that I’m certain was not damaged in any way is a bit extreme. For you to think the car seat might be damaged is careless thinking. We all know it’s not damaged.

So what if Graco recommends the car seat should be replaced in any accident – no matter how minor? Doesn’t this recommendation seem a little off-color to you? If people discard car seats that are undamaged, that means more car seats will need to be manufactured and sold. This sounds like a conflict of interest for the company to be providing recommendations like this.

On a similar note – If the car seat label said to jump off a cliff no matter how minor the accident, would you do that?
June 24th, 2014 at 3:32 pm #Jason

Leslie,
If the other company won’t settle your total loss fairly, turn this loss into your own insurance company. So what if you pay your deductible. You will get it back when the other insurance company reimburses your insurance company.

One of the things to watch on those CCC valuations is the grade the adjuster inputs for your vehicle. It can be from excellent, good, average, fair, or poor (or similar terms). You have to make sure the grade is equal to what your car’s condition is. The difference between good and average can be thousands of dollars. Ask the adjuster to show you the grade of your car that he input so you know what you are up against. Then, if you can’t get anywhere with him, file this claim through your own insurance company.
June 24th, 2014 at 4:17 pm #Colleen

Progressive has made the claim process for my motorcycle quite painless up until they told me that they would not pay to replace the front custom wheel. The rear wheel was damaged beyond repair and it is not at all possible to find a matching one. I bought $15,000.00 extra coverage for custom equipment and now they are telling me that matching custom wheels are not a set because they are sold separately. Basically I have to cover the cost for a front wheel if I want it to match. Doesn’t it state somewhere that the vehicle should be restored back to the same condition it was in before it was damaged?
June 24th, 2014 at 4:21 pm #Khang Tran

Jason, thank you for the response, but I don’t think it’s fair to say my inquiry is “careless thinking.” My car is getting repaired (front bumper getting replaced). There’s no dispute over that repair or liability so my question was only over the car seat. It was only the “focus” insomuch as there are no other issues.

The fact of the matter is that I don’t think there are any damages, but at the same time, if it was your baby you’re putting at risk, would you risk it? Even if it was a 1 in 1M chance that the seat could be damaged any way, I don’t think I would be alone in saying that I would pay (regardless of reimbursement) a couple hundred bucks to have that peace of mind when it comes to the safety of my baby.

Obviously there is a conflict of interest with the car seat manufacturer in their recommendation (which is the same recommendation by every other manufacturer except one, same recommendation by every major consumer safety site), but that’s like saying there’s conflict of interest for the manufacturers of carbon monoxide alarms or fire extinguishers to put an expiration date on their products. It doesn’t make the recommendation any less legitimate. The reason for the manufacturer to make this suggestion isn’t necessarily to sell more car seats, but one of liability. If there was any chance the car seat is damaged and it fails in a later accident, what do you think they’re going to say (probably something along the lines of “well we told you not to continue to use a car seat that has been in an accident”)?

Whether you think it is wise to follow the manufacturer’s recommendation or I’m just being a paranoid parent is besides the point. The question is whether I am entitled to reimbursement. I’m being told that since the car seat wasn’t occupied, that I cannot get reimbursed for a replacement – in other words, even if it was damaged that I’m SOL because it was not occupied at the time. I understand that the insurance company would of course ask me to justify why I had to replace the car seat to validate the claim, but it seems odd that I can’t even get to that point because the claim is automatically disqualified due to the seat being unoccupied at the time. Why would it be the case that a car seat is treated differently than any other property that gets damaged in an accident?

And no, I would not jump off a cliff if the label told me so since there is obviously no nexus between taking that action and the safety of my child. That analogy frankly makes no sense. Who in their right mind would do something stupid or where they would get hurt for no reason just because a label told them to? But I’m sure lots of people would follow instructions by the manufacturer regarding the safe use of a product, even if we’re aware that the manufacturer is telling us to do so in order to limit its liability.
June 25th, 2014 at 6:05 am #Leslie B.

Jason,

Thank you for your response. The adjuster rated my car as average. Which honestly may be a fair evaluation. I have two small children who have done some damage to the interior and additionally we were on a road trip at the time so the drink holders were full and my kids had just had a snack so there was some trash in the back. However, considering that we were on a road trip there was bound to be a little trash. The exterior of car was in excellent condition though with only a little road dirt from the trip.

Now if I must turn it in to my insurance company will that make my monthly rate increase? Is there no way to counter/argue the CCC evaluation? I understand that I may not get what the value of similar cars in my area, but I dont feel like comparing my car to cars that are outside my market area and are no longer available is a “fair market value”.
June 26th, 2014 at 6:13 pm #Zeke

I’ve been having trouble with an insurance claim. The insurance totaled my car charger 2010 with 79000 miles on it? Does it sound right that they are wanting close to $3000 for it in order for me to keep it?
June 26th, 2014 at 6:15 pm #Zeke
June 28th, 2014 at 9:33 am #Ray

A few months ago my wife was driving home from our daughter and son-in-law’s home and a drunk, homeless man stepped out in front of her vehicle. The impact killed him. The highway patrol and coroner found that she was not at fault but we recently learned that our insurance company found her “partially at fault.” The company has “settled” with the deceased’s family. We think that finding my wife “partially at fault” is just wrong. Is there anything that we can do about this?
June 28th, 2014 at 4:24 pm #Jason

Zeke,
Yep, when the insurance company totals your car, they are actually buying it from you for its pre-loss ACV value. When you get the money for the car, they get the car. If you want to then buy it back from them, then you would have to pay a value that has been assigned to the now totaled car. There is no reason to own a totaled car.
June 28th, 2014 at 4:31 pm #Jason

Ray,
Your insurance company can do anything it wants with its determination of any fault your wife had. It can also settle any claim against you any way they want. You have no invoivment in that.

To find your wife partially at fault for striking and killing a person with a car she was fully controlling is entirely appropriate.
June 30th, 2014 at 10:27 am #chris

I had an accident in Texas. As I was driving, I got cut off and as I swerved to get out of the way, my car lost control and hit the barrier wall. Car was totaled, but I had full coverage. I just picked up the report and out says I said Iwas driving 73mph and the speed limit is 65mph. This is completely untrue. The problem is I don’t have a car and the insurance needs the report to pay, so there really isn’t time to fight it. Can I be denied for going 8 over the speed limit?
June 30th, 2014 at 6:08 pm #Jason

chris,
You had collision coverage and you were involved in a collision accident. Those are the only two requirements needed for the insurance company to pay for the damage to your car. I don’t think your insurance company is relying on you to provide them the accident report. I believe they order that directly from the responding police department.

I don’t think it’s a big deal. We all drive faster than the speed limit and if anyone says they never speed, then I don’t believe they are being honest.
July 14th, 2014 at 12:31 pm #erica

I was leaving my childs daycare center, and the oweners park close by the exit, and so that only give me a little bit of room to exit, and as I was exiting their tree (which has not been trimmed) scratched the whole side of my truck. Who would be responsible?
July 15th, 2014 at 2:14 am #Jason

erica,
The person who was operating the truck at the time it was damaged. Since you indicate you were leaving the daycare center when you scraped your truck against the tree limbs, that would be you.
July 16th, 2014 at 5:55 pm #Alejandro

My car was vandalized and break in by breaking the back windshield. They also moved the car and crashed it against a tree with out the key! I found out today in the morning and a call the police to make the report and they came and did the report as stolen and vandalized! But when we made the claim to our insurance they said that the car could not have been moved without a key because my car is from 2014, this year. So they denied my claimed just because of that> Is that legal? An what can i do?
July 16th, 2014 at 8:22 pm #Jason

Alejandro,
You didn’t really provide much information. Was the car’s ignition pulled out? Was the car hotwired? Who in your home has access to the keys? Many late model cars has disabling devices based on electronic codes that keys emit. Without that electronic connection, cars simply cannot be operated. I suspect you have such a car. Insurance companies take denials seriously and if they denied your claim, they very likely have a good reason for that. Denials are a legal settlement of a claim so, if the claim is denied, that is a legal action your insurance company can do. Also, do you have any excluded drivers living in your home? There is way more to your claim than your 7 sentences in your post. With the limited information you provided, I have no idea what you can do.
July 16th, 2014 at 8:47 pm #Alejandro

The cars ignition wasnt pulled out but after we made the claim and the police said it was ok to move it! The person driving struggled putting in the key and then turning it on! No one had access to the key because they were hided in a drawer in the kitchen, And in my house only live my father and i! The car has the normal key is not turned on a button or anything like that, it has the old system! Thank you for answering my questions!
July 16th, 2014 at 9:18 pm #Jason

Alejandro,
What is the make and model of the car? Even normal looking keys have electronic locks on them that one cannot tell by looking at the key.
July 16th, 2014 at 9:25 pm #Alejandro

It is a GMC Terrain 2014! Thanks for helping me! I really appreciate it! It would be of help if after you have all information you need you can help me figure out what to do about the claim denial! Thank you Jason
July 16th, 2014 at 9:31 pm #Jason

Alejandro,
There is an orange e-mail address at the top of this page. Attach the the denial letter to an e-mail and send that e-mail to me. I want to know the specific basis for the denial and that will be spelled out in the denial letter you either received already or you will receive soon.
July 18th, 2014 at 9:03 am #Hillary

I was involved in an accident, car was deemed totaled, insurance company wanted me to sign poa which I did not, lei holder sent title to insurance company. I told insurance company I wanted the vehicle. they have since savaged my vehicle and have the title. what is my recourse. I have no money from accident, no car and no title. What can I do? Wasn’t the title suppose to be given to me. I owed less than 3500 on vehicle. Appraisal report says that there was no frame, motor or any other damage that would prevent the car from moving. no broken glass, dents etc. Please help
July 21st, 2014 at 11:49 am #Jason

Hillary,
From the limited information you provided, you apparently owed more on the car than it was worth. Since the settlement for your totaled car was not enough to pay your loan, you won’t receive any money, you won’t have the totaled car, and won’t have a title. I believe you will still owe an amount in order to pay off the rest of the car loan.

I don’t even see this an an insurance issue, it seems to be about being up-side-down in your car loan.
July 25th, 2014 at 10:11 am #Chris

Hi,

I recently rented a car in Germany using American Express Premium Car Rental Protection. On the last day, I drove into a narro downhill street — and realized that I couldn’t pass through, SUV was too big. So I had to back up in reverse gear. Complicating matters, the road had several stairsteps on the side for pedestrians. So in order to back up, I had to drive over two of the steps (which weren’t very high). I did manage to get out of the street, but by the time I was done, the engine seized up and the car had to be towed. A few days later, the rental car company charges $7,000 the card. When I called them, they said that the amount may even increase pending the final outcome. Amex has now indicated to me that this incident may not be covered at all because of their “mechanical breakdown” policy exclusion. I am speechless — am I really on the hook for $7,000 when I didn’t even do anything wrong? What was I supposed to do — leave the car in the middle of the street? Can the insurance really deny this claim? If so, what options do I have? Thanks much.
July 25th, 2014 at 7:20 pm #Jason

Chris,
An engine failure like the one you indicated does not sound like that of an accident or collision but from running the engine without oil. This sounds like a mechanical breakdown and engines breakdown when they are run for periods of time without adequate amounts of oil. I don’t know if you forgot to indicate the loss of engine oil during your attempts to get out of the tight space but it seems obvious. It is appropriate for your insurance to provide notice that your loss may not be covered.
July 25th, 2014 at 9:21 pm #Chris

no, there was no loss of oil at any point during the incident no was there insufficient oil in the engine to start with.
July 25th, 2014 at 11:29 pm #Jason

Chris,
What parts of the incident are you leaving out? If the engine of the car you are operating siezes up, that is a mechanical breakdown and insurance doesn’t cover that.

So what you are saying is that the entire incident involving you on the small road that you could not continue upon was irrelevant to the engine problems, right?
July 26th, 2014 at 6:19 am #Chris

no, what i am saying is that i am not a car expert by any stretch, so i have no idea what caused the engine to seize up. all i know is that i had to get out of the side street and the only way to do that was to back up in reverse gear. the car for whatever reason could not handle it and broke down. but i fail to see how that is my fault, i cannot discern any mistakes that i made. the only alternative i had was to just give up and have the car towed. when you have to decide whether to back up and get out of a stuck situation yourself or whether to call a towing service, which one would you pick? btw, the indication from the insurance was in the abstract, they havent see the actual documents yet. so bottom line: is a breakdown of a car thats not the result of a collision but the result of a unfortunate traffic situation that one has to get out of covered or not? thanks.
PS: having done some google research i also found that the specific car i used tends to have flimsy clutches that burn through very easily, which may be an explanation for what happened.
July 26th, 2014 at 9:23 pm #Jason

Chris,
It’s not about what I would do under any circumstance.

Your engine siezure is best classified as a mech. failure and has nothing to do with what insurance covers.

There are no clutches in engines so a clutch would have nothing to do with an engine siezing up.
July 28th, 2014 at 9:26 am #Alfred

Thanks in advance for any help you can give me as I don’t know what to do. Someone vandalized my Acura RSX a couple of weeks ago; they keyed the passenger’s side and broke the side view mirror. I put in a claim for that damage and the minor bumper damage that I had cause a couple of weeks ago when I hit a curb. The front bumper had very minor damage. It was cracked on the driver’s side. The adjuster from Liberty Mutual came to my house; I live in Massachusetts. He sent me an estimate. We sent the car over to the shop. The shop removed the front bumper and told me that it needed $3100.00 worth of work beyond what the insurance and my deductible would cover. I went to the shop to look at the damage. They claimed that the brackets holding the radiator on and the top radiator mount were cracked. I did not see any damage and went home and called Liberty Mutual. The adjuster argued with me and told me I was wrong. The shop lowered the estimate to $1400.00. I told the adjuster that I couldn’t pay that much more money, and I also informed him that the shop was double billing because they were charging the insurance company to blend the paint, and they were charging me on the estimate to do repairs beyond what the insurance would cover. He told me he’d call me back last week. I called today and was told that the adjuster never wrote any notes about our conversation in my record and that I was supposed to meet him at the shop. I let the lady know that I had offered to meet him at the shop, but he had not acknowledged it. Also I called Acura of Boston and spoke to one of the men in their body shop about the estimate that I had been given. He asked me to send him pictures, and he told me that for that much money he would expect the whole front end to be totaled. The insurance company already sent checks to the body shop, but the car is now in limbo with some of the prep work having been done, but they said they are waiting for me to meet with the adjuster, who never scheduled a meeting with me. Any suggestions? I honestly don’t have the money and have been honest with everybody from the start. Sorry for the long post.
Regards,
Alfred
July 28th, 2014 at 7:58 pm #Jason

Alfred,
Work with your adjuster to get this worked out. Schedule a meeting with the adjuster. If that doesn’t materialize, get his manager involved and let him know your claim is not going very smoothly.
July 29th, 2014 at 1:39 pm #Silvia

So my car was stolen june 8th 2014. The police took 3 weeks to post it as stolen because they had a new system and they were having issues with it. My car payments were due the 24th of each month. So, when my payment was due, the insurance still had not done much to settle my claim due to the police taking so long to find it. Any how in july the 18 they deemed it a total loss. Here I am now…. I owed 18k n they settled it for 13k. Luckily I had GAP…. So called gap sent them all the required papers…. Another 24…. Gave another payment. So today… The GAP company said they will not reimburse me for those payments I made. Bc it was my responsibility still…. Does this sound right???? Even if my loss was june 8 and is now almost august…. Was I supposed to not make the payments??? Help!!!
July 29th, 2014 at 6:40 pm #Jason

Silvia,
GAP insurance covers the difference between the actual cash value of a vehicle and the balance still owed on the financing. The time when the difference is important is the date of loss. The actual cash value and the amount owed on the loan is determined on the date of loss.

You should have contacted your lender prior to making the payments. I think you may be out those additional payments. Although the extra payments made are not insurance related, perhaps you can call your lender and ask that they return those last 2 payments.
July 30th, 2014 at 1:29 pm #Mya

Today my BF took my car (2012 Dodge Avenger) in for an oil change. During the oil change process the technician discovered that a colony of bees decided to move into the air filters and set up a nest. The technician removed the air filter and the bees. The cost for that was nominal. What he was not able to confirm was whether the bees had migrated to any other parts of the car or caused damage to the engine. I have full coverage on the car through state farm with comprehensive coverage-is any damage from the bees likely to be covered under the policy? I haven’t submitted a claim yet, but am curious as to whether I should and if such a claim would be covered.
July 30th, 2014 at 3:23 pm #Jason

Mya,
Submitting a claim for possible damage would not benefit anybody. For a claim to be processed, there needs to be physical damage.

So far, there is no damage. To talk about hypothetical damage and hypothetical coverage is premature. To submit a claim with zero damage, you would have a claim on your record for no reason – other than to find out if a claim of no damage would be covered.
July 31st, 2014 at 2:39 pm #Mya

Jason, what I am trying to find out is if damage to an engine cause by a bee infestation would be covered under the comprehensive portion of a personal auto policy. I understand that submitting a claim if there is no damage is a bad idea and likely there would be no coverage in the event there was no physical damage to vehicle. The cost to remove the infestation was well below the deductible.
August 4th, 2014 at 1:49 pm #Reece

Alright, in May 2014 a friend had a car stolen. She called the police, insurance company, and finance company. The insurance company did their investigation and made her feel like she was the thief. They asked for cell phone records, tax papers, etc. She complied with all they asked for. Now, in Aug 2014 they claimed she misrepresented information to the loss and they are discontinuing the insurance on the stolen car. It states that now she does not meet their underwriting guidelines. Does this mean that they will not be paying for the vehicle that was stolen?
August 4th, 2014 at 2:16 pm #Jason

Reece,
When making a claim, all the information provided to the insurance company must be accurate and truthful. If it’s not, the claim can be denied. You didn’t provide much information but it can be assumed she will not only have her insurance canceled but it’s probable she has corrupted her claim to the point where the insurance doesn’t believe its obligated to pay.
August 10th, 2014 at 3:00 pm #Bobbi

Jason,

I was in an auto accident late last month and my current insurance is handling the claim. My concern today is; if i want to change auto insurance compays right now, would it conflict with the current claim that is in the process of being settled? What effects could be caused by this? I am in the state of MD.
August 10th, 2014 at 3:33 pm #Jason

Bobbi,
You automobile insurance that you will switch from was in force during your accident. That will always be the case no matter what you do now with your insurance coverage. If you cancel and then switch, your existing claim will proceed until it’s settled. What you do with your current coverage will have no bearing on your claim.
August 12th, 2014 at 8:22 pm #Doug

I was at a metro park in michigan.I work for a Carr dealer and receive a demo.I had my personal boat attached to my demo,I backed up into a parked car.I received a letter from the owners lawyer wanting me to pay there deductible.My question is,am I liable to pay this?Will my boat insurance pay it or will my dealers insurance be held liable?
August 15th, 2014 at 2:04 am #jim v

my wife was in an at fault accident in CA, our claim rep wants me to sign a acknowledgement of my 5K property limit so they can settle the other drivers claim. which he thinks may be in excess of my coverage. will the other drivers insc pick up the difference? by signing without questioning other options and the amount of my liability; am i opening myself to possible excessive personal liability to soon and without insisting on my insc reps advice and/or representation in pursuing their insc companies asistance? i feel like i am to uninformed to sign such a release without some details. . .
August 15th, 2014 at 6:31 am #Jason

Jim,
The document they are asking you to sign is one that allows them to pay your policy limit and let’s the insurance company exit entirely from the claim against you.

The excess property damage over your limit would be your wife’s and your responsbility. You really don’t have a choice here – if you sign, the insurance pays the limit. If you don’t sign, then they don’t pay the limit right now but eventually will when you eventually sign the form.

Don’t seek any advice from your insurance adjuster or agent. If you need advice, talk to an attorney.
August 17th, 2014 at 4:23 pm #Julian

I have a 2012 Town and Country Mini Van that stalled from the Michigan flood last week. My vehicle stalled and then water started coming through the doors. I was told to leave the vehicle and get to higher ground. After the vehicle got impounded and taken to the collision shop, i noticed that the vehicle had a significant amount of water. If the claim adjuster will not total my vehicle, can i deny to get the vehicle fixed for future mold and electrical issues?
August 18th, 2014 at 8:58 am #Sean

I was in an accident with a Ford F350, it was not my fault, the other vehicle was sighted for an illegal U turn and pulling out in front of me. It was in Michigan (no Fault State) so it was turned in to my insurance company. At the scene everything looked cosmetic, except my steering column was broken. When it got to the dealership, they said it was not running right, and that it had a dropped cylinder. The insurance company is saying that will not be covered because their was not damage to the engine compartment, so therefore there should be no damage to the engine. I am not a mechanic but this does not seem logical. I was hauling 12k lbs at the time and went from 50 to 0 mph in a matter of seconds. The truck was running perfectly fine before the accident. What is the best way to work with the insurance company to make sure this gets covered.
August 18th, 2014 at 7:07 pm #Jason

Sean,
I’m not even convinced your engine issue is related to the accident. You will have to come up with a believable way that the accident caused your cylinder to drop and you are going to have to present it in a way that the insurance company believes it.
August 21st, 2014 at 8:12 am #ray

My girlfriend got into a accident the driver rear ended her badly to the point of there’s no trunk at all its all pushed in she was breaking then the driver tried to got around her and couldn’t so he hit her from the back she only had liability insurance but come to find out the insurance company was nit covering the car anymore her car is most likely totaled in California what can she do????
August 21st, 2014 at 5:52 pm #Jason

ray,
The accident happened in a pure comparative fault state. For example, if the fault for the accident is 80% is given to the rear driver and 20% given to your girlfriend, then your g.f. can collect 80% of her damages from the other driver’s insurance or the other driver. In the same example, the other driver could collect 20% of his/her damages from your g.f.
August 21st, 2014 at 9:02 pm #ray

Why would she be at fault at all if she was slowing down for donkey’s that was running across the street and he hit her from the back wouldn’t it be 100% his fault
August 22nd, 2014 at 2:27 am #Jason

ray,
The information I provided was an example. I don’t know anything about your g.f.’s accident. If I had known there were donkeys involved, I would have given the example of the other driver being 75% at fault and your g.f. being 25% at fault.
August 28th, 2014 at 7:22 am #tom

if some one backs in to your car and damage your car and refuses to pay for damages based on estimate you got and refuses to give you his insurance info to file a claim. can you file a claim at police station and take them to court. I understand accidents in parking lot is handled differently than out in the streets. please explaine.
August 28th, 2014 at 5:37 pm #Jason

tom,
You should file an accident report with the police immediately after any accident.

It doesn’t matter if you are on the road or in a privately owned parking lot – people cannot hit and damage your property in either location. If they do, they need to compensate you for the damage. Usually their liability insurance will step in and settle their liability claim against them.

The only difference is that the rules of the road don’t apply in parking lots since they are not “public roadways”. For example, there are no legally enforced speed limits in parking lots. There however are speed limits on every public roadway in which you drive.

If there is damage to your car, the best course of action is to make a claim with your insurance company if you have collision coverage. If you don’t, then you will have to sue the other driver.

I keep repeating this – don’t rely on other people or other people’s insurance to protect your property.
September 2nd, 2014 at 9:33 am #Pauline

Hi. I have a question. My 2000 Astro was parked in my driveway when hit by a car traveling on the road then up my driveway. The driver was arrested with a DUI. His wife has insurance on the car. I filed a claim with my insurance company, as I was unable to obtain a police report for 4 days, so I did not know the name, insurance company name or number of the driver of the car that hit mine at the time.

I have full coverage with Auto Club South ( well I thought it was full coverage). They say they are going to try to retrieve the settlement amount from the DUI drivers policy, and hopefully my deductible. ( I will not be holding my breathe).

My policy states 30/900 on the rental car terms and conditions on my policy. However, I received a settlement amount from Auto Club South last Friday that is lower than my vehicles value, lower than the comps, and impossible to replace my vehicle. $2,400. less $500. deductible. I sent them a letter last Friday explaining that several errors where in the CCC One report pertaining to my vehicles options, and I also sent 4 comps on vehicles is the same condition as my vehicle, in my area. The comps that were on my report they gave me, no longer exist, and are 60 days old according to the report. The comps I gave them range from $3,333. to $6,500. 2 private parties, 2 dealers. I requested $3,900. knowing that meant I would be lucky to see $3,000.

My insurance company is cutting off my rental car tomorrow, as they say because a settlement was offered. My family has one vehicle, so I will be renting the car out of pocket as of tomorrow.

I have had AAA insurance since 1978, I’m sure the women I spoke to hadn’t been alive that long. I don’t want to accept the offer. What should I do if they refuse to use or consider the comps I provided. I can’t replace my van for that amount of money.

I am wondering if I should tell them to go fly a kite, and file a claim with the at faults parties insurance company. What are my options?

Any help would be greatly appreciated, as I am running out of time and money.
September 2nd, 2014 at 8:53 pm #Jason

Pauline,
Your best option is always to file your claim with your insurance company. First you indicate you had full coverage, then you said you thought had full coverage. Either you have full coverage or you don’t. I will assume you have full coverage because the rest of your post supports that.

You can file with the DUI person’s insurance. That is your option. As I’ve already indicated, your best option is always to file your claim with your insurance company.

If your rental is being discontinued, that is part of the terms of your policy that you accepted – when an offer is made, your claim is deemed to be settled. The 30/900 refers to the maximum per day and the maximum total amount per claim. If there is no need to reach the maximums, the maximums will not be needed.

If they refuse to use the comparable vehicles you provided, you have little to no leverage so your options are limited to nothing of consequence. If you tell them to fly a kite, that is just a figure of speech and it holds no leverage.

You have to realize your chevy astro is 15 years old and the ACV value is pretty much determined after 15 years. Sure, the range of astros may significant but I have no idea how your astro compares to the comparables indicated in the CCC report. I also don’t know how your astro compares to the ones you’ve provided to your insurance company.

According to NADA (dot) com, the average retail price of a 2000 astro is $3650. Your provided range of a comparable of $6500 is completely out of line and will surely be disregarded. Much more weight will be given for the astro in your $3333 range, if they even use it at all.
September 8th, 2014 at 11:06 am #Dave

If my bike rack damages my car, is it covered under auto insurance?
I.e. the rear hatch dented in allowing the rack bar to rub (past the cushions) directly on rear hatch, rubbing the paint down, and allowing a handle bar to contact doing the same.
September 8th, 2014 at 11:34 am #Jason

Dave,
Sounds like wear/tear and for a prolonged amount of time. What an automobile policy requires is an event that occurs suddenly. It may be covered under comprehensive coverage but you won’t know unless you make a claim.
September 15th, 2014 at 9:54 pm #reece

I drive a financed 09 wrx it was broken into wheels stolen allong with a few other performance parts. the car was wrongly declared a total loss the insurance company estimated 13k in damages when I had two private appraisals right around 6k. either way they denied the claim all together on the grounds that I was claiming on aftermarket parts I had installed. So after five months of fighting with them and being without a car I decided to take it into my own hands and fix the car myself. I fixed the car myself with a total of 2400$ in parts there is no damage what so ever just literally parts where stolen off it and I put it back together started it and drove it like nothing happened. now I get a call from my lien holder saying that now the car is going to need a salvage title and is no longer worth what I owe as collateral for the loan. can my insurance company brand the cars title and not pay me? I already took the hit for this I don’t want anything but to keep my car with a clean title. I wish I never called my worthless insurance company I just want this all to be over with and get on with my life.
September 16th, 2014 at 5:52 am #Jason

reece,
The insurance company is probably required to notify the state when a vehicle’s damaged exceeds a certain amount of the vehicle’s value. I don’t believe payment (settlement) from the insurance is required for their obligation to be there to report that information.
September 16th, 2014 at 11:17 am #Sara

If someone’s hand is slammed in the car door, requiring an Xray to check for broken bones, and the medical facility wants to bill car insurance (submit a car insurance claim) to cover the medical costs, does this automatically mean the car insurance premiums will go up? Does pretty much any claim cause premiums to rise?
September 16th, 2014 at 1:00 pm #Jason

Sara,
No, that doesn’t mean premiums go up already. What triggers when premiums go up is determined by underwriting and each company has different criteria it uses for that.

Some claims will cause premiums to go up. Again, it depends upon what underwriting has set up for guidelines, surcharges, and premium increase triggers.
September 23rd, 2014 at 9:07 pm #Walter Hunter

I had two 52 ounce root beer sodas spill in my car. One on the shifter console (car will not start – its a 2000 CLK 430) and the other on the passenger floor. Neither was cleaned up unfortunately. The claim has been accepted by AAA. But I do not think you can get that much soda up by carpet cleaning with a detail for one without taking up the carpet.

Second, the car was taken to an independent Mercedes shop. Not my own mechanic which is two hours away.

I am concerned about not replacing all affected electric components in the console which may failed later due to corrosion and about a thorough cleaning. I believe there is a shifter computer in the that console area.

The adjuster approved a $149 interior detail and 3 hours labor to take apart the console. Generally I thought you check for electric fault codes first (diagnostic) then take apart the console. I concerning because 110 ounces of sticky soda is a lot especially when it was allowed to sink into the spilled areas.

What is a reasonable procedure for restoration/cleaning/repair

Thanks

(PS the repair shop seemed unprofessional in that I did not get a work order or authorization or anything. When I got to the car rental I had no idea the exact name address or telephone number of the shop. Just based on that I almost want to go to the dealer for repairs)
October 2nd, 2014 at 9:14 am #chey vasquez

So last febuary me and my husband bought a car from ford it was a new. Fusion. At the time he bought the car he did not have a lisxence and I was going to be the main driver this summer he got his liscense I went out of state and let him drive since he had his liscense now. I was going to call the insurance to let them know he would be driving now but I could not without service but before u even got back to state my husband saw a stop sign to late and he blew through a gaurd rail and a fence. But my insurance wont cover it because at the time we got the car he signed a paper saying he cant drive the car because he didnt have a liscence? So now we owe about 20 thousand and I just fwel like its not right?? It 2as full coverage and he was infact paying for the car and he did have his liscence but our insurance said it was my fault because I did not calll them is there anything we can do?
October 2nd, 2014 at 6:06 pm #Jason

chey,
If your husband and you excluded your husband from being insured on your policy and you never added him to the policy, things are working exactly as they should – regardless if he currently has a license.

In order for him to be covered, you would had to have been paying for your and your husband’s driving exposure (which for him is a newly licensed driver, and a premium rate similar to a teenage driver.) The insurance company has no incentive to allow this retroactive change because, although they would collect additional back premium, they would also have to pay a $20k loss.

There is nothing you can do.
October 2nd, 2014 at 8:50 pm #Mary

I bought a 2013 Kia Optima with 29000 in July 2014 from the dealership. I put a down payment of 6000 on the car and I have roughly 13000 left to pay on the car. I recently got in to a horrible accident with a driver who had insurance but did not have a drivers license. His car got towed and I towed my vehicle to my home. I put in statements with both his insurance company and my own but I am worried. The car has been deemed a total loss but I still owe 13000 on the car. It is possible that the other drivers insurance may have a small limitation on accident damage coverage. (i.e $5000 covered, or $10,000 max covered) I know that his insurance will pay the market value of the car to the bank/lien holder and anything left over I will receive, but what if I want to retain the car? I am hearing that I can negotiate with his insurance company because they have a right to take the car if they chose too. I want to keep my contract with my dealer and continue my payments while also fixing the car because it is still drivable. Do I have a good chance of being able to keep my car? Is it possible? I don’t want to be left in a bad place with no car and $6000 down payment out the window.
October 2nd, 2014 at 8:58 pm #Mary

SORRY 29000 MILES* on the car
October 3rd, 2014 at 9:06 am #sarah

So I was driving in a neighborhood yesterday on my way to the airport to drop my husband off when a very bad rain storm came in. The neighborhood has trees over the street, and one tree wound up dropping a large limb on my truck. The owner of the house where the tree is situated saw the whole thing, gave me her information, and was very kind. We continued on our way after removing the tree, my truck seemed fine, very minor scratches and its thankfully driveable. No one was injured. After further inspection once the rain had let up and my truck had dried we were able to see that my truck has sustained scratches to the hood, a few dings to the hood and a dent on the back passenger door and some scraping of the roof rack. My truck has liability only insurance from geico, and the tree owners are with usaa. My dad says call my insurance, my husband says I must file a claim through their insurance, not our own or else we face a hefty deductible for getting our insurance involved. Which insurance company should I call to have a claims adjuster check my car, ours or theirs?
Thanks!
October 3rd, 2014 at 11:06 am #Kari

For the home owners insurance to cover your claim, they would have to be negligent. What you described is an act of God, not negligent. You would need to file a claim with your own insurance company- although since you say you only have liability, they aren’t going to pay out anything.
October 3rd, 2014 at 4:44 pm #Jason

Mary,
File a claim with your insurance company under your collision coverage. Your vehicle is totaled and will end up with a salvage title. Walk away from the vehicle and use the collision settlement money (less your deductible) to purchase another vehicle. You can buy the vehicle back from the insurance company but I don’t know why you would want to.
October 7th, 2014 at 2:38 pm #nikki

Hello,
If my boyfriend that lives me get rear end in my car, can he sue my insurance?
October 7th, 2014 at 8:46 pm #Jason

Nikki,
No, your insurance is for protection against your negligent acts. You did nothing negligent by having your boyfriend as a passenger in your car.
October 13th, 2014 at 4:35 pm #jack

Name: Jack Vance
Subjective: 1986 GMC Flatbed Truck vin # 1GCDC14OLZ103099
Date, October, 8 2014
Physical Description & History
The Drive Train of this truck; from the Fan bolts to the Rear Differential, has less than 20,000 miles on it. I parked the truck at my daughter’s house, 2516 Rardin Ct, Villa Hills Ky. in April of 2013. It has remained there for the past 17 months; during which time I went to Europe for six weeks, returned and then flew to Fairfield Iowa and trained two dogs; from there I drove the clients car and transported the two dogs to Santa Ynez Ca. I have been in Ca. for the past 10 months; so, the truck has been driven less than 200 miles in the past 17 months.
In my work, I travel coast to coast. I rely on this truck to pull my live-in horse trailer, in which I reside and haul the tools of my trade. Although some places where I work allow me to use their vehicles, the truck also serves as my personal transportation. The truck is “Non commercial” ”Not for Hire.” It is a “No Frills” Work Horse truck.
I have spent a lot of money to keeping this truck in tip-top shape. One of the reasons I have kept this truck, is the fact that, except for some of the very heavy and specialized work as noted below, I am able, have tools and do the regular maintenance and repair work on it. This saves me a lot of money and time waiting for someone to do the work. Plus, when traveling, there are not always competent mechanics around.
Modern trucks have computerized systems that require a special analytic apparatus to diagnose the engine and various components needed to make the new trucks run well. Newer trucks are very time consuming to work on. Both the parts and the labor are very costly.
This truck has a heavy duty frame and suspension with Rear Air Bags. When I pull my Goose Neck trailer, the combined weight of the two vehicles is pushing 16,000 lb. So whenever I replaced parts I used only heavy duty. The truck is a conventional cab, no power, with partial tinted front window, 4wd, standard transmission, with a custom steel flatbed.
The truck has unique features, that are germane to and support the purpose and functionality of service as I travel coast to coast practicing my trade of horse and dog training. Those features are listed below.
I have included phone # of those who have worked on my truck. These persons can verify they worked on this truck and the amounts stated. I am 75 years old, I do not keep receipts, as I do not claim any expenses, because I do not make enough money to declare or report to the IRS. I have a very good, clean and simple life. I intend to keep it that way.
Any mechanic can inspect this truck and tell the engine was rebuilt from the bottom-up and that it has been well cared for. If one were to doubt the condition of the engine, a simple compression test will reflect the engine as having compression in the range of an engine having the number of miles quoted herein.
After the fire I paid the wrecker to haul the truck several blocks to my daughter’s home in Villa Hills Ky. I then paid my other daughter ( She was considerably cheaper than the wrecker quote for transport and storage) to transport the truck and store it at her farm in Maysville, Ky. I felt it would be safer there than in an auto salvage lot, where it would be subject to further damage, vandalism or theft.
It will be challenging to find a comparable vehicle with the intimate feature that suited my needs, as does this one. Therefore, in so far as this truck is my main source of moving about the country training horses and dogs and pulls my horse trailer in which I reside, I wish to commence and expedite restoration.I will be in Ca. until the end of this year, and that allows for two months to restore the truck. I have made arrangements to have the truck hauled to several different places for estimates to restore it to the level of service it provided me prior to this damage.
I intend to first have it transported to Chuck Rust facility in Alexandria Ky. I would prefer Chuck Rust, do the mechanical work and there are several persons in his neighborhood who are capable of restoration other than the mechanical aspect. However if you have places that you would like me to have look at it, and they are within the immediate area of northern Ky. I will take it to them. From the pictures I have viewed, I feel the vehicle is restorable. It is my intention to vigorously pursue a course to have this vehicle restored or a comparable vehicle replace it.
I want to thank you for your efforts to expedite this matter and get me “Back on the Road,” I think the enclosed information will facilitate both our agendas.
Though we each have different agendas for resolving this matter; I have found Communication leads to resolution; although the resolution may not always be agreeable.
Thank You
Jack Vance
Truck, service and maintenance history:

1). Engine: 350 Small Block, (4) bolt main, with Special Cam. Dual plane intake manifold and a 650 Elderbrock 4-barrel carburetor. This engine and drive train are correlated and support the rigors of the various type of terrain through which I travel in pursuit of my work.

Roy Hoeffliger of Yoncala Oregon, Ph. 541 643 5683, rebuilt this Small Block, (4) bolt main, 350 engine in late January/February of 2011. The engine presently has less than 20.000 miles. The rebuild cost was held down because I did a lot of the “grunt work.” It was a standard rebuild from the bottom to the top, which consisted of :
a) Reworking the heads (Replacing one)
b) New Rings,
c) New Bushings
d) Rebuilding the Carburetor
e) Tune-up parts
f) New Power steering pump
g) New oil pump.
Total cost $2000.00.
Mr. Hoefflinger also installed two new air bags at an additional cost of $150.00 for air bags and $50.00 labor.

I also presently have a 1990 Chevy, V-6, 1/2 ton PU truck, also insured by Allstate in Solvang Ca. I recently (within the past three months) paid $2900.00 to have this engine rebuilt. Tom Green of Rural Machine shop, in Lompoc Ca. did all the work. 805 735 4114. There is a big difference in cost of work and repair when one is not able to do the grunt work.

2) The clutch assembly was replaced in 2012 by the vocational shop of the Santa Ynez Ca. High School Ph. 805 688 6487. This clutch assembly has less than 10,000 miles. Total cost $300.00 for parts.

The labor was free as it was a vocational shop project. I often look for the vocational schools during my travels as it is the best way to keep down costs and the schools are always looking for projects, just as long as one is not in a hurry to get the work done.

It was necessary to remove the transmission and 4wd transfer case to install the clutch, so once the Transmission and 4WD transfer case were removed, I took them to be inspected by Johns Arbelaitz, Ph. 805 245 0073, Santa Ynez Ca.There was one bearing replaced. The total cost for the bearing and labor was $165.00. This work assured me the Transmission and 4wd transfer case was in excellent condition.

3) In 2012, the truck cab was painted, inside and out; new Door &Window seals installed, at a cost of $600.00. When Eddy finished his work, I and a friend painted the red, rims and replaced the carpet. In 2013 a new rear cab sliding window costing $125.00 was installed, and the front brake pads and rear shoes were replaced in addition to hood and door adjustments. Labor was $200.00. I furnished the parts at an approximate cost of $30.00 for the front pads and $75.00 for the rear shoes.

Before I departed Santa Ynez Ca. I personally replaced the shocks in February 2013. They are Heavy Duty, cost $55.00 each front and rear for a total cost of $220.00

4) Pro-tint of Lompoc Ca. Ph. 805 735 7800 made decals of pictures of my business cards. These decals were installed on the doors and in various locations of the truck cab and truck bed. The total cost was $135.00 for the decals and installation.

5) Chuck Rust of Camp Springs Ky regularly worked on this truck when I was in the area, Ph.859 448 9708. In early 2010, I was traveling from Frederick Md. to Villa Hills Ky. to visit my family before heading to Canada. En route I blew a “Head Gasket” and warped one of the Heads. I called Chuck, to work on it; he said he was swamped, but if I found an engine he would try to work it in. I found a used engine, for $700.00, but Chuck was not able to fit my truck into his work load. I paid another person $600.00 to remove the old one and install the new one it and go over the truck in general.
The installer had the truck for almost a month and when I got it back I felt the work was done badly and unsafely. I was preparing to depart for the Calgary, Canada, and I felt the truck was not worthy of the trip. So, I ask Chuck how long until he could fit me in to inspect the truck and the new engine and repair or replace any thing that was unsafe or not done correctly. Chuck had the truck for three weeks and the sum I paid Chuck was $1,100.00.

I continued driving the truck while in Ky. and the rear differential went out. I called Chuck and he said: I don’t have time to fix it; tear it out yourself and call me when you have the new parts laying there. I tore it apart and purchased the new ring gear, axel bearings, seals and housing gaskets, at a cost of $310.00. Chuck came over to the house and did the technical work and charged me $100.00 for labor. Just after New Years of 2010, I departed for Canada.

6) The steel flat bed is heavy duty, custom built, with a removable goose neck & tag along ball and an expanded metal cab shield. I paid $150.00 to have a tool box built into the rear of the bed. The bed has wood racks with a drop down hinged tailgate.

7) In February of 2013, I installed new headers which cost $250.00. I also had Grossi Muffler Service in Buellton Ca. (805 688 6113) install new, dual exhaust, from the headers to the tail pipe tips. The dual exhaust cost $700.00. Both the headers and the exhaust system have less than 3000 miles of service.

8) The truck has dual 20 gallon fuel tanks. I replaced one in 2009 at a cost of $125.00. I installed it my self.

9) Aluminum Running Boards $100.00, I installed them myself.

10) Rear axel Single wheels.

11) Truck bed two, side step-ups cost, $50.00 self installed.

 
October 13th, 2014 at 4:37 pm #jack

I was looking to establish a fair $ value for restoring this truck. I do not want a different
October 13th, 2014 at 4:39 pm #jack

I was looking to establish a fair $ value for restoring the truck in the previous post. I do not want a different
October 13th, 2014 at 6:35 pm #Jason

jack,
Go to nada (dot) com and input the various features of the truck to find out a market value. You have to realize the truck is nearly 30 years old and a lot of the information and expenses you indicated are part of the maintenance and upkeep of a vehicle, which doesn’t increase value but is an attempt to slow down depreciation and keep the vehicle operable.
October 19th, 2014 at 3:34 pm #Kim

Hi- I need some advice….. my 16 year old son was driving our 2000 CRV (now his car but in my name) to school the other morning and says the sun was in his eyes and when navigating his turn to a parking space, hit a light post with a cement barrier around it. (No one was hurt thankfully) Both front airbags deployed and the bumper needs replaced along with some body work. The car was the only thing damaged, no other vehicles, etc) My husband and I don’t know if it should all be fixed out of pocket or so we use our insurance and deal with the yearly rate as I am sure they will go up!
Thanks!
October 19th, 2014 at 3:52 pm #Jason

Kim,
Most people have insurance so when things like accidents happen, they can pay their deductible and get their vehicle fixed, or replaced if totaled.

In your case, both airbags, front bumper, body repair, and paint may exceed the value of your CR-V. Airbags replacement can be expected to be at least $2500 each. An average 14 year old CR-V has a value of a little over $4000. I would be surprised if your premium increase would amount to very much, even if the accident surcharge remains on your policy for 3 years.

You have to realize that even though you don’t file an insurance claim, there is likely a police report concerning the accident, perhaps a ticket, and the accident can be surcharged even if you don’t make a claim. We live in an information society and accident/citations can be obtained by any insurance company at any time.
October 21st, 2014 at 12:46 pm #John

So I hit a patch of gravel in a turn on my motorcycle and laid the bike down. I did a fair amount of damage to the bike probably enough to total it and cracked a couple ribs.
1. Which type of insurance would this go under for my motorcycle insurance?

2. My motorcycle and car insurance are different policies through the same company, will this effect my car insurance rates? (Geico)
October 21st, 2014 at 7:46 pm #Jason

John,
Damage to your bike would be the collision coverage. Your accident is a collision with the roadway.

Your injury will be addressed by your medical coverage, if you have medical coverage under your cycle coverage.

I don’t know what will happen to your premium based on your accident. Your agent may be able to answer that for you.
October 23rd, 2014 at 1:06 pm #Lois

My vehicle was totaled by getting rear ended. The total loss adjuster said they were referring my case to the supervisor because I will not agree to taking $3000. less that the value to my vehicle. No one will call me. I called my broker and now they wont call me back! My vehicle is still at the body shop. What recourse do I have if any? I have been unable to find district or cooperate names, numbers or email’s to voice my concerns of this claim being delayed by the agent! And will I have to pay storage fees to the body shop?
October 23rd, 2014 at 5:09 pm #Jason

Lois,
Stop relying on other people’s insurance to protect your property. If you don’t have collision insurance with you own insurance company, you have to deal with the other person’s insurance company and that isn’t always a good experience.

You own the damaged vehicle, so yes, you will have to pay storage fees. Just like if the vehicle was towed, you as the owner would be responsible for the towing fees. If you don’t want to continue the storage fees, get the vehicle out of storage and the fees will stop immediately. Alternatively, if you want the insurance company to pay the storage fees, negotiate that and the total loss of the vehicle with them.
October 27th, 2014 at 11:18 am #krissy

An heroin induced driver hit me head on after crossing the center line. He was arresr
arrested on site, and i was transported by ambulance. After discharge from the hospital 3 days later, i was informed by email that my insurance had lapsed 7 days earlier. My car is totalled, my foot is broken, and my wrist is sprained. Do i have any way of making a claim against his insurance?
October 28th, 2014 at 3:48 pm #Jason

krissy,
Since it appears the other driver was at fault, it would be appropriate to file a claim under his insurance – if he has insurance.
November 6th, 2014 at 7:46 am #Lewis Lemons III

Hello,

My 2008 Chevy Tahoe was stolen with 190,000 miles on it, the idiots that stole it wrecked it and bent the h frame, the insurance company for my commerical insurance stated that my tahoe was worth 17 thousand dollars. they are repairing it but I am reluctant of the repairs, what options do I have? the repairs were 11 thousand.
November 7th, 2014 at 1:09 am #Jason

Lewis,
You don’t ave any options. The option to repair or replace is entirely up to the insurance company.
November 11th, 2014 at 8:11 pm #Patricia

I was hit by a delivery driver employed by Diamond Transportation LLC in Los Angeles who refused to give me his name, contact information, license etc. The only clue I had was that he slipped and said he was in a hurry to deliver some items for IKEA. I found out the delivery company had been suspended by the Franchise Tax Board for seven years tax evasion and that meant the company was not supposed to send drivers on deliveries. I finally found out State Farm carries their insurance. I filed a claim, had a witness but was denied and the reason was inaccurate and didn’t fit what the witness claimed. I had an insurance lapse and admit I shouldn’t have been driving, but I absolutely did not cause the accident. The driver was in a different lane and made an unsafe lane change hitting my car with an impact forcing it onto the sidewalk and into a metal bike rack totaling the left rear quarter panel and the complete front end. The State Farm refuses to give me the driver’s info and any other information about the company and flatly denied my claim. My car was towed out of the AAA tow yard after the claims adjuster from the bank holding the lien to my car determined the salvage value. Do I have the right to demand the information about who hit me from State Farm and for the adjuster report from my bank or do I have to sue and subpoena the documents. I can’t afford to hire an attorney for this. Also, doe my bank have to subtract the salvage value of my totaled car from the balance owed?
November 13th, 2014 at 7:37 pm #Jason

Patricia,
You have no rights to demand anything of anybody.

I have to stop right here. You indicate “you absolutely did not cause the accident”. I cannot agree with that statement since you indicated you had no insurance yet you were on the roadway so your mere presence initiated the accident because you shouldn’t have been on the road without insurance. You were not legally on the roadway. The initial violator of the law is the one that should be held responsible.

Since you can’t afford an attorney, it doesn’t matter if you have to sue and subpoena anything since you can’t afford an attorney. If you can’t afford to pay someone, and in order to get that info. you need to hire an attorney, you won’t be getting anything on your own.

This is an insurance site – we don’t know what your bank is required or not required to do regarding damaged colatteral.
November 20th, 2014 at 4:39 pm #Tina Villanueva

someone ran a red light and hit my car but Iwas drivings on a non op can I still file an insurance claim against them
November 20th, 2014 at 5:16 pm #Jason

Tina,
I don’t know what a “non op” is. I am going to assume it is a non-operational driver license. It doesn’t matter if you are an illegal alien, driving an unregistered car, and without any insurance because if someone else caused the accident, they are liable for property damage and injury they cause and you can file a claim against them.
November 22nd, 2014 at 12:45 pm #Renee

I have a question for the Jeep owners, lawyers. I have noticed that my $50,000.00 plus 2014 Rubicon has the WORST quality headlamps I have ever had of any vehicle at this price, a moped has more illumination than my jeep. I am wondering how many of you feel the same way and have you had an accident due to these substandard lamps? I am thinking of getting a petition in the works and having Jeep upgrade our vehicles. I mean we paid for quality and we didn’t get quality where it counts when we are on the dark roads in the dead of night! Safety should be one of Jeep’s top concerns. So if you could take a moment and give me some feed back, pm me if you wish. I am going to do some research with insurance companies in regards to this issue as well.
Please if you can spare a moment of your time and give me your thoughts, I would appreciate it..
November 26th, 2014 at 10:36 am #samantha

After my truck was totaled the tow took it to their shop my dad didnt let our insurance company take it. It was stolen from the shop about a week later. Will the insurance company cover this?
November 26th, 2014 at 9:04 pm #Jason

samantha,
Discuss with your dad, the people at the shop, and your insurance company. The vehicle was not stolen. Go into your discussions with that mind set and then you will find out what actually happened.
November 30th, 2014 at 3:16 pm #Maggie

Our car was repair in BMW dealer since last Wednesday, they called us on Friday regarding the hail damaged on our car . And they told us to make claim with our own insurance. Is it our responsibility or BMW responsibility to make the claim ? We also required by our insurance company to pay $600 excess . Our car still in BMW dealer auto care centre . And our insurance company haven’t take a look of it yet . Do we have to pay for the excess ? Many thanks.
November 30th, 2014 at 4:41 pm #Jason

Maggie,
I don’t know what you mean when you say excess. You should pay your deductible and the rest should be covered by insurance. It is your responsibility to make the claim since it’s your insurance and your car.
December 1st, 2014 at 10:21 pm #dasanchez

Hello, I filed an auto claim with my insurance company. During this claim I switched insurance companies. Can the last insurer deny the claim?
December 2nd, 2014 at 3:32 am #Jason

dasanchez,
Your claim remains with the insurance company that insured you when the damaged occurred.

A claim can be denied for any justified reason but switching companies is not one of the reasons.
December 5th, 2014 at 7:34 pm #Lavonne

I own a very well kept,low milege car that litterally sit in the garage for over two years wit.h exception of occasional trips to church and taking for cleaning ,servicing,etc..,I have been with the same insurance company for 18 years and paid for complete coverage. car is a top of the line mitz..leather,power seats, every extra one could purchase.garage kept,72k miles.guestion is,I had a wreck two weeks ago,had the car towed to a repair shop,they called me two days later with a estimate of 3180.00 after finally waiting for them to finally get around to contacting the repair shop,they made the decision to total my car and want to keep my car to sell to sell as “salvage”. This is not a totalled car ,only some front end damage..I realize that iys a 2002 so I didn’t expect to get new value for it but the 4,000.00 is insulting .shouldn’t they have told me about this possi ility as they was happily taking my 150,00 a month?
December 6th, 2014 at 6:56 am #Jason

Lavonne,
They did tell you. It’s the language contained in your insurance policy that you have which indicates the insurance company can pay to repair you vehicle or pay to replace it by paying you money – at their option.
December 11th, 2014 at 3:10 pm #Maryann

I was in an accident. It was not my fault. The other drivers insurance co. had me use Snapsheet to upload pictures of the damage. They are sending a check for $2,000. I went and had my own appraisal done and they said $3,500. They told me not to worry they would file a supplement and get the rest of the money. They told me I was entitled to the full cost of repairs weather I get it fixed or not. (There is no lien on the car). The body shop said they had to file it. My question is can I file the supplement and get the remainder of the money to fix it? (My husband would like to do the repairs on his own).
January 16th, 2015 at 12:38 pm #Tony

Our rental car was hit by a tree trimming vendor in the parking lot of the resort we were staying in October of 2014. Police came on seen and filed a full report. We obtained the vendors insurance information and submitted all paperwork to Alamo, the rental car agency. We just received a letter, now January 2014, from Alamo that they could not contact the vendor so we would need to pay the cost of repairs ourselves.

We are attempting to contact the vendor ourselves with no luck so far. What else can we do?
January 17th, 2015 at 7:08 am #Jason

Tony,
Your rental car contract likely has language in it that you accept responsibility for any damage (except normal wear/tear) to the vehicle while it is in your care, custody, or control.

The damage happened while in your care. 1. You can pay for the damage yourself. 2. Contact your insurance company to determine if will step in for your liability for the damage to the vehicle., or 3. Get the tree service or their insurance company to pay.
January 18th, 2015 at 8:00 pm #Donna

I lent my 23 year old son my car for one night. He is not listed as a driver on my policy. his drivers license address is the same as mine. He drives a borrowed old car from his uncle. also not listed on his policy. the night i lent him my car, the car was stolen. i carry fully comp as the car is financed. will the insurance give me a problem with this claim?
January 19th, 2015 at 3:32 am #Jason

Donna,
There seems to be more behind your situation than you provided. Theft is a covered cause of loss under the comprehensive coverage.
January 21st, 2015 at 3:42 pm #debbie asplund

Is there any recourse you can take if you pay someone to fix your car and they tear it apart and never come back
January 21st, 2015 at 5:02 pm #Jason

debbie,
Your question concerns the contractual relationship you and the repairer entered into and does not involved insurance.
January 29th, 2015 at 10:24 pm #Amy

I was rear ended mid September, noticed my car was handling differently afterwards and that despite the repairs, the front end would handle poorly at a higher speed and pull to the left if I let go of the wheel. I contacted my insurance company after the issue was pinpointed, they told me to take it to the shop who made the initial repairs. I did, and was told it wasn’t safe to drive. I then contacted my adjuster again and he arranged for a rental car while they fixed my car. Spoke with my appraiser as well, who told me “I spoke with the shop, drop it off when you are feeling better and they’ll start the repairs”. I did exactly what I was told. A week and a half went by, and I heard nothing from the shop. It was only when I called to find out what was going on, i ended up being told that the insurance company didn’t get back to them. I called my insurance company and was told they we’re denying the claim… now I have a rental car only until tomorrow, as insurance company won’t pay for any additional time, car is still broken and at shop, as they weren’t going to touch it unilateral they got the ok to fix it. Can an insurance company tell me to drop off my vehicle, they’ll take care of it and then suddenly decide a week and a half later that they are no longer covering it? Now I am stuck without a car to get to and from work, unless I opt to pay for the rental on my own and the repairs to my vehicle as well.
January 30th, 2015 at 11:33 am #Sasha

I had a car accident back in 2011. An 18wheeler rear ended my vehicle, the driver was liable. I hired an attorney. They were able to settle my case and the 18wheeler’s insurance paid for my physical therapy bills, medical bills, and vehicle loss. In Feb 2014 a check was issued to me and the attorney’s office for a medical bill. I had no knowledge of this check until today, because the check is about to expire. The issuer of the check is the insurance I was insured under at the time of the accident with the 18 wheeler, (not the other drivers insurance). I’ve contacted the lawyers office and they have said that my file has been closed. Is it possible to ask the adjuster to reissue the check in just my name? I still owe on medical bills, my biggest fear is that the adjuster will still make the check out to me AND my attorney forcing me to give up a portion to the attorney (or worse, they will keep the entire check).
January 30th, 2015 at 6:41 pm #Jason

Amy,
You had a rear-end accident. It seems you currently have front end issues. The prior damage was to the rear if it was rear-ended. I fail to see how the front was damaged in the accident. The insurance company did a courtesy rental vehicle for you while it investigated your claim. After they appear to have determined the current car issues are not related to the accident, they have declined to cover the non-covered car issues.

I doubt the insurance company said they are covering the concern you raised with them initially. I believe they said they would look into your concerns to determine what they need to do. After they investigated your concerns, they determined your car’s condition is not relate to the accident. Can they deny your current claim? Yes, they can.
January 30th, 2015 at 6:54 pm #Jason

Sasha,
You can ask the insurance company to do what you want but it’s unlikely they will do that.

Another party’s name on a check doesn’t mean they will get a portion or all of the check unless that check represents some money you owe the attorney. Whether you attorney’s file is close or not, if you owe them money, it is appropriate that their name is on the check. If you don’t owe the attorney any money, they should be able to endorse the check for you to do with it what you want.
January 30th, 2015 at 9:31 pm #Amy

Jason, I appreciate your answer. I’ve talked to several master mechanics and was pointed out in current text books from an automotive instructor, that with rear end collision damage you can’t rule out front end damage. I actually have voice mail that the appraiser had left me, telling me who he was and he also stated he talked to the repair shop owner and further stated to drop off my car and they’ll fix it. I spoke to him afterwards regarding the message.
February 6th, 2015 at 6:08 pm #Richard Wright

My insurance company issued a settlement check in mine and my wife’s names for my car that was a complete loss due to a auto accident. The insurance policy was in mine and my wife’s name at the time of the accident. I haven’t cashed the check yet. Can the insurance company reissue me a check with only my name on it?
February 7th, 2015 at 7:07 am #Jason

Richard,
If you are able to convince the insurance company to do that, they may be willing. You provided no reason for why you wanted it in your name only, or why you can’t just have your wife endorse the check, so probably they won’t make any changes.
February 7th, 2015 at 10:56 am #Richard

Jason
Only mine and my mothers name was on the title for the car. We are going through a divorce and my wife won’t endorce the check. My mother made the insurance and car payments for me to help me out.
February 7th, 2015 at 11:04 am #Jason

Richard,
With that additional information, I doubt they will re-issue the check differently.

It doesn’t matter whose name was on the vehicle title because that car is now owned by the insurance company.
February 7th, 2015 at 2:09 pm #David

I was in a rear end accident back in Sept 2014. All the repairs recommended by the “at fault” insurer’s company were done and paid by drivers insurance company. The repairs were: new bumper, new exhaust system, catalytic converter, O2 sensors. Since that accident, I’ve had my car in the shop twice. Now my car is back in the shop with a total engine failure. I never had any problems with this car before the accident and I’m almost certain that these issues just took time to appear.

The car is a 2006 Porsche 911(engine in rear) with 22,000 miles on it. I had 20,000 on the car at the time of the accident so have only driven 2k miles since the accident.

What is the likelihood that I have a chance to get the insurance company to agree that my current issues are related to the accident and to pay for the necessary repairs?
February 7th, 2015 at 3:19 pm #Jason

David,
Either the engine condition is accident related or it is not. I don’t know. Get that insurance company involved, along with the bodyshop.
February 7th, 2015 at 10:05 pm #Phil

A driver ran a stop sign and we ran into her car, causing full airbag deployment and major damage. The driver was cited. I filed a claim with My insurance company and the other drivers’. When I saw the high repair estimate, I questioned to my ins co as to if the vehicle was close to being totaled. They said no. I called the other drivers ins company to raise the same concern, they told me that if they were to do an appraisal etc, they wouldn’t pay for my rental for as long as it took them to get the estimates done and back to them. I needed a car so I went ahead with my insurance company’s statement that it was not a total loss and had it repaired. Now that all the bills are in, the other drivers ins co is refusing to pay all my out of pocket expenses because they say the car should have been a total loss. My ins co basically agrees. So I am driving a diminished value car and am out money when they hit me. Should I sue both the driver and my own ins co for not doing their job???
February 8th, 2015 at 4:49 am #Jason

Phil,
Each adjuster reached a different conclusion based on the initial information they had.

You accepted the information from your insurance company even though you had conflicting information from the other insurance company. You seem to have made your decision based on your perceived need of a replacement car at the time.

You should not sue the driver or your insurance for not doing their job. Doing, or not doing, their job is not something you sue for. It was your reliance on bad information that you are now in this position.

You should insist that your car be totaled by your insurance company. Depending on it’s age, its title will now be marked as a salvage vehicle. Your insurance company can pay you the market value of it just before it was smashed. Since they are buying the repaired car from you, they can then sell the repaired car and recover much of their payment to you. That would be the right thing to do.

Perhaps you can sue one or more parties but you should talk to an attorney first. You shouldn’t enter the legal arena without an attorney fighting for you.
February 20th, 2015 at 10:33 am #Nuagnet

Hello,

While my car was in the shop getting it’s 60,000 mile service, the mechanic crashed my car through their office.

He is submitting the body shop work and rental car for me through his insurance; however he is still charging me for the service on my car. I feel like this is a pretty shitty thing to do considering he crashed my car, inconvenienced me greatly and has lowered the resale value of my car.

Thoughts?
February 20th, 2015 at 5:17 pm #Jason

Nuagnet,
If your car is getting service work, you need to pay for it. The accident is completely different than the service work provided by the mechanic.

You have a rental car paid for by the shop so you have transportation. I fail to see how you are inconvenienced slightly, let alone greatly.

Your car is being repaired to pre-loss condition, that doesn’t lower the resale of your car just because you said, or think, it does.

An option you have is to submit a claim to your own insurance company but why would you want to do that if the shop is taking care of it all?

You just outlined an example of things going greatly. If you want to indicate the name and location of the mechanic, that would be great so others can have confidence when doing business with the same reputable mechanic.
February 22nd, 2015 at 9:56 am #Mark White

We had a situation back in May 2014 that involved my girlfriends car ,12 yr old son and the neighbors garage. She was being nice to her son and let him back the car out of the garage into the driveway so he could wash the car. Well things went south right away. She was outside the door talking him through it and next thing she was being knocked down and drug about 10ft and the car ended up across the street running into the neighbors outside corner of the garage. My girlfriend was the only one severely hurt. Thank God. So we both have the same Insurance co. The property damage can be repaired. We had to pay for her car to be repaired since she has Liability insurance. She has 100,000$ in property damage. The neighbors filed their claim. Evidently the adjuster was not gonna give them what they wanted and that was to reside their whole house. To me this is why insurance is so high in the first place. They tried different avenues which led them to a dead end. So now they are trying to sue my girlfriend because the insurance claim did not cover all their cost. Do they have any chance in succeeding against us? I believe they are unhappy they didn’t get what they wanted. To reside their whole house when it was damaged on one corner of the house is absurd (BS).They even tried to go against my home owners Ins. I told them my house did not run into there house.
February 22nd, 2015 at 10:00 am #Mark White

We had a situation back in May 2014 that involved my girlfriends car ,12 yr old son and the neighbors garage. She was being nice to her son and let him back the car out of the garage into the driveway so he could wash the car. Well things went south right away. She was outside the door talking him through it and next thing she was being knocked down and drug about 10ft and the car ended up across the street running into the neighbors outside corner of the garage. My girlfriend was the only one severely hurt. Thank God. So we both have the same Insurance co. The property damage can be repaired. We had to pay for her car to be repaired since she has Liability insurance. She has 100,000$ in property damage. The neighbors filed their claim. Evidently the adjuster was not gonna give them what they wanted and that was to reside their whole house. To me this is why insurance is so high in the first place. They tried different avenues which led them to a dead end. So now they are trying to sue my girlfriend because the insurance claim did not cover all their cost. Do they have any chance in succeeding against us? I believe they are unhappy they didn’t get what they wanted. To reside their whole house when it was damaged on one corner of the house is absurd (BS).They even tried to go against my home owners Ins. I told them my house did not run across the street into there house.
February 22nd, 2015 at 10:30 am #Jason

Mark,
Your neighbor will likely have to sue your g.f.’s son and your girlfriend. Any unpaid damage not paid by the automobile insurance is an amount she can so for. If they bring suit for the damage against your g.f. and her son, they will likely be successful. Collecting on a judgment is difficult and time consuming and most people don’t follow through after a judgment is obtained.

If you are the home owner, they cannot file a judgment lien on your home unless it is also owned by your g.f.
February 24th, 2015 at 3:35 pm #Bre

I have a question pertaining to an accident my car was involed in. I live in an apartment complex and sometimes there arnt enuf parking spots so I somtimes have to park on the street. One morning I woke up to go to work and I get outside and some idiot parked behind me and parked into my bumper then left it there! Now my bumper is severely damaged and I have photo evidence , I left him a note to contact me and exchange info, and I also made a police report, about a week later I recived a letter from a police officer with all his info and his insurance info. So I called and made a claim with his insurance. Today his insurance called and said the owner of the car is a female and she let him “borrow” the car, and he is not covered under her insurance. Now I’m not sure what to do, shouldn’t she be held responsible for letting him drive her car? Or can I file a new police report and have him get in trouble for driving and uninsured car? What should I do!?
February 24th, 2015 at 6:12 pm #Jason

Bre,
File a claim with your insurance company under your collision coverage and stop relying on other people to insure your property.

No, she can let an excluded person drive her car. That is her option.

No, don’t file an amended police report because he can drive the car all he wants with permission of the owner. The car is insured, it’s just him who is not.

What should you do? File a claim with your insurance company under your collision coverage and don’t worry about the driver or the other car’s owner.
March 3rd, 2015 at 5:57 pm #mike

i have a ford f250 diesel truck regular gas was mistakenly put in my diesel truck.Unaware of what had happend i drove away a few miles down the road it started knocking add blowing white smoke so i took it to my machanic.2days later he tells me about the unleaded fuel has done damage to one of my valves and a injector.The estimated cost to fix is 3to10k depending on the internal damage, i have collision as well as comp insurance with state farm.When i talked to my agent she told me that i would have to file a claim to find out if they would cover or not.If i file a claim it will go on my record regardless of the outcome.That makes no sence to me at all.I have had state farm for 35 years with no claims at all,to me it is a simple question ,am i covered or not.Can uall give me a clue as what to do thanks mike
March 5th, 2015 at 8:39 am #Cynthia

Hello,

I own a 93 Taurus GL and on sunday Mar 1st, they announced a winter storm alert in NYC. I was in Manhattan overnight and decided to drive home and decided to take the Whitestone Bridge back to Queens. En route I picked up my friend and we drove off. As we are entering the ramp, it had been snowing for over an hour now and one side still had a thin sheet of snow over it and it is a double lane entrance. I drove at 15-20mph to enter ramp and began to skid to a point where the car spun about 2-3x and crashed front first into a rail guard. I have no money to fix the damages and I only have comprehensive liability. What can I do?
March 5th, 2015 at 9:18 am #Jason

Cynthia,
Your decision to buy insurance was to protect yourself with liability coverage if you damaged other property. The good news is that any damage to the guard-rail will be paid by your insurance.

Without physical damage insurance for your car, you are self-insured and any damage to your car is your responsibility. Regarding your car, you can fix it or else purchase another car.
March 10th, 2015 at 10:53 am #Susan

I have a 2011 Nissian. a few months back, I was swerved to avoid hitting a car that was entering my lave that did not see me. I went up over the center divide on the road and damaged the front and rear suspension, and my Oil pan. My Insurance gave me a list of places to take the car to and have it repaired. The car has been there for months, and their is still a noise when I drive it. Do I have to accept the car back in this condition. What are my options
March 10th, 2015 at 10:55 am #Susan

I have a 2011 Nissan. a few months back, I was swerved to avoid hitting a car that was entering my lane that did not see me. I went up over the center divide on the road and damaged the front and rear suspension, and my Oil pan. My Insurance gave me a list of places to take the car to and have it repaired. The car has been there for months, and the car is still a noise when I drive it. Do I have to accept the car back in this condition. What are my options
March 10th, 2015 at 12:01 pm #Jason

Susan,
“A noise” isn’t very descriptive. Is it a wind , engine , transmission, tire, noise or what?

It’s your car so you need to make sure it is fully repaired to your acceptance. Your insurance company pays for the covered damage to your car and the repair facility takes care of the repairs.

Is your concern about the insurance not paying for the damage, or is the damage not adequately completed by the repairer?
March 19th, 2015 at 5:24 am #richard wallace

i WAS IN ACCIDENT AND THE PARTY INVOLED WAS AT FAULT. THEY WERE NOT RESPONDING TO MY CALLS SO I CALLED MY INSURANCE CO. THEY TOOK CARE OF ME RIGHT AWAY SENDING ME A CHECK TO FIX MY VEHICAL.
BUT TWO DAYS LATER THE OTHER DRIVERS INSURANCE COMPANY SENT MY DAD A CHECK THE OWNER OF THE TRUCK. aM I OBLIGATED TO TURN IN ONE OF THOSE CHECKS IF IVE ALREADY CASHED MINE. mY FATHERS THINKS THAT CHECK IS HIS, THERE IN SEPERATE NAMES , WHAT SHOULD I DO?
March 19th, 2015 at 6:15 am #Jason

richard,
This is my look at your situation.

The first scenario is that your father cashes the check. Your insurance company sends a subrogation letter to the at fault insurance company and the at fault insurance company says they already paid. Your insurance company then asks you to pay the claim money back that they paid you. This may cause a bit of chaos for you, and maybe even your father.

The second scenario is that they ask the at fault insurance company to pay for your damage and the payment was sent to the wrong person, the subrogation chain (by their check to your father, and not you – the insured) is broken and the at fault insurance company will have to repay your insurance company for what they paid to you.

This above information is not legal advice or legal information and should not be used that way.

The other thing you should be aware of is that if you are insuring your father’s vehicle as your own without your father included as one of the insureds, you technically have an uninsurable interest in that truck – simply because your father is the owner and you are not.

For example, in the event the vehicle is a total loss, your insurance company would require the signed title be sent to them as part of the claim process. When they see you, the insured, is not the owner, they won’t be legally obligated to pay anything to you for the total loss of the vehicle owned by your father.
March 24th, 2015 at 9:04 am #Gabrielle

I live in the state of Georgia and my boyfriend was involved in an accident using my vehicle on January 2nd, and the car was declared a total loss on January 14th. The accident was his fault (fell asleep) and all this information was given to the insurance company, and he was not listed on the policy as an authorized driver. I have comprehensive coverage and uninsured motorists. My last conversation with my adjuster was on January 14th , when she informed me of the vehicle value and the next steps that would take place in getting the check to pay off my lien holder and settling the claim. Now since then, I have made almost weekly calls and left messages to check on the status of my claim. I haven’t received any documents or forms to complete besides a question of who my boyfriend is and if he needed to be added to the policy via my local insurance agent. Mind you that I have been asked this questioned during the initial conversations with my adjuster (during which she talked to both me and him about what happened), two weeks after from my local agent (asking per request of the insurance company), and then again about 3 weeks ago from my local agent (asking per the request of the insurance company).
My lien holder has also had issues getting in touch with the adjuster for my claim, with the same issues of calling and leaving messages but never receiving any information back. The only response back that was received was after I emailed documents to me local agent to submit to the adjuster in the last week of February. After that point, I continued with my weekly messages to find out information regarding my claim. On last week, I emailed my local agent if they could contact the adjuster check on my claim for, and I haven’t heard anything back. Now I feel hopeless as if neither side is doing anything to process the claim or at least to have the common courtesy to let me know what’s going on. I know I am still responsible for the payments until the claim is settled but it is frustrating when I am trying to maintain payments on the total vehicle and the replacement vehicle and wondering at the same time if this will even get resolved. What should I do and expect? How long does this process usually or should take?
March 25th, 2015 at 1:33 pm #Thomas Felkay

California.

Allstate declared my custom boat (comps are difficult) a total loss after a fire while the boat was listed for $38.5k. They insured the boat for $90k based on an approved survey/valuation 6 years ago. Since that time I have put over $25k into the boat.
They verbally offered me $20k settlement. It’s been 2 months and they are not returning my calls and haven’t made any formal offer. Aren’t they required to make me an offer within a specific time period? Can they insist on the listing price as a basis for the “fair market value”, or should it be based on the appraised price?
March 25th, 2015 at 2:05 pm #Jason

Thomas,
It appears they did make an offer to you. There is no prescibed time when an offer needs to be made, or when a claim needs to be settled. Formal offers are not required.

I don’t know what you mean by the listed price of $38.5k. Is that a for-sale price your were asking for your boat?

I don’t know what how your policy insured your boat. It could be stated value or it could be ACV. It’s mostly likely ACV but I don’t know the specifics of your insurance policy.
March 25th, 2015 at 6:53 pm #Colleen

I was in an accident today…a small fender bender with minimal damages to both cars and no one was injured. I am technically at fault. How ever the other driver didn’t want to call the police to make a report. He just wanted me to pay for the damage. We exchanged info. Later I learned that they had purchaced the car 3/13/15. Eleven days ago and they never notified the DMV of the purchase. I let him know that he is partially at fault as well, because he was driving an illegal car with no title and registration. At that time he said the car is totaled and he just wanted me to pay him the $4000.00 he claimed he paid for it. He showed me the title and the only thing that was filled in was the privious owner’s release of liability and the date 3/13/15. He did not have his own information on it or what he paid for it. Nor did he have a bill of sale to prove he bought the car and for how much he actually paid. My question is he equally at fault because of this? He no longer wants his car… it is a 1996 honda, accord 4 door sedan EX.
March 25th, 2015 at 7:15 pm #Jason

Colleen,
No police report, minimal damage, and the guy wants you to pay for the total loss of his car. Walk away from this situation. He can turn it into his insurance company but you should not care what he does. What if he turns it into your insurance company? Who cares? This guy is a scam artist and you and I both know it. Don’t give this guy the time of day. Fault doesn’t really matters when someone is not being fair or reasonable.
March 27th, 2015 at 9:53 am #Chris

I was in a car accident (2009 Nissan versa 98000 miles) that caused my frame to be bent on the rear drivers side along with major other damages. They said it was over the threshold for a total loss but the had already started repairs so the Geico went ahead and repaired it. So what i am curious about is are they trying to screw me, because of the frame damage and underlying problems. i’m also from Virginia if that matters
March 27th, 2015 at 10:03 am #Jason

Chris,
No matter what, the title to the Nissan will be branded as a salvaged vehicle.

It appears they are not doing what is considered the right thing. What they need to do is repair the vehicle and then take possession and ownership of it from you by paying you the ACV of it (total it).

They then should be able to sell your repaired and salvage-titled vehicle at auction and recover much of their money of repairing it.

Bottom line is that you do not want this vehicle any longer – mostly because it’s a total loss and you will have a salvage title for it.

If you can’t get your insurance company to do the right thing immediately, stop the repairs by withdrawing your authorization to repair, and contact an attorney for assistance.
March 31st, 2015 at 9:38 am #ThatBrandi

In Nov. 2013, my daughter was in an accident. Her vehicle was considered a total loss and we received a check for around 4500. I don’t recall about the other driver’s damages. Our premiums went up a bit, as expected. Then, in June 2014, I was in a major crash for which I was at fault. My insurance company had to pay a LOT in vehicle repairs and the other driver’s medical bills. Premiums went up again as expected. And now, early this week, as I was turning left from a feeder road, a woman who was in a turn left only lane hit me. We pulled into a parking lot to inspect the damage. I was extremely shaken up and freaking out about the likelihood of being dropped by my insurance. I had it in my head that it was my fault (don’t have a lot of self-esteem), and was concerned with the other woman’s car. There was no damage to her car, and she said she didn’t see damage to my car, so she left. I was relieved until I realized that she was at fault, and that there was obvious damage to my driver/passenger doors. I don’t want to report to my insurance company, because I know they will drop me for sure, but I’m angry at myself and the woman who hit me, because I have damage that I don’t have the means to pay (the car isn’t even paid for). I acknowledge my stupidity, so I don’t need any critics to remind me, but I would like to know if I am making the right choice considering my accident history. BTW, until 2014, I hadn’t had an accident in about 13 years. 🙁
March 31st, 2015 at 9:49 am #Jason

That,
The only one who can make a claim filing decision is you. Take the accident situation, include any violations within 3 years, and make a decision about what is in the best interest of your family and you.
March 31st, 2015 at 10:58 am #Barry

Sometimes you can be dropped, regardless of fault. You probably should have gotten her name and number though. If your damage is relatively minor, Id probably just live with it. People drive around with dents and dings all the time. If its major damage, or damage you can’t live with, you should have made a claim.
March 31st, 2015 at 12:54 pm #Ronnie

Brandie
Go get a free estimate from a couple places. Put aside whatever you can afford ($30 a paycheck?) and get it fixed after you save it up.

I bet by the time you have the money, you wont even care anymore and then you can put it towards your car note, bills, or something fun, like a vacation or a gift for your daughter.

It sucks, but in a few years your insurance rates will improve and you will appreciate that it has made you a more cautious driver.
March 31st, 2015 at 2:58 pm #ThatBrandi

Thanks guys for the advice!
April 9th, 2015 at 11:17 pm #Rich

I was involved in a parking lot accident at a school. I was going down the road of the parking lot when a car backed out and slammed into me. I admitted to going 10 mph when the speed limit was 5 mph. Witnesses say that she did not look when she was backed up. We both had the same insurance company (Statefarm). Apparently the accident was 100% my fault according to the insurance company because I was going 5 mph over the speed limit. Apart from the speed the driver should’ve have looked both ways before backing out. The agent that has been handling my case told me that they are strictly going by the police report, then they said that they were investigating it more but somehow it’s still all my fault. I don’t understand how the whole accident was my fault when she backed into the flow of traffic and I had the right of way. Shouldn’t the fault at least be 50/50? In my opinion speed really shouldn’t of mattered because if I was just going over the speed limit by such a little amount I still would’ve had time to react. I was right behind her when she backed out so there was really nothing I could do by the time it happened. There was also a speed bump two feet from where the accident occurred which I slowed down to go over it. I took the vehicle to multiple body mechanics and was told that if I was really going fast that I would have damages going down the side of my car because I wouldn’t have time to react. There was no damage under my car from going over the speed bumps.
April 11th, 2015 at 12:27 am #Jeff

I damaged the back corner of my truck in a parking lot. I worked at a car dealership at the time and had the body shop that the dealership contracted with perform the repairs. My insurance policy covered a rental vehicle and the dealership I worked at offered rental vehicles so I asked the adjuster if I had to go through a rental car agency or could I get a rental from the dealership and they said I could get one from the dealer they would just need to submit an invoice. So i get a rental from the dealership and get my truck fixed. The insurance company paid everything except the rental, when I called the insurance company said they never received and invoice for it but I personally sent it in to them so i faxed it in again and was told a check would be sent to the dealership. I quit working at the dealership not long after and the rental still had not been paid by the insurance company so i called them again and they told me again that they had not received an invoice. I verified their address and sent another copy to them and as assured that they would pay as soon as they got an invoice. I got a bill in the mail from the dealership and a call a couple months later stating they still hadn’t gotten payment. I didn’t work there anymore and told them that I have gone back and forth with the insurance company several times and they need to contact them and see why they haven’t paid. I havent heard anything about it for about a year until the other day I get a call from the dealership saying that if I dont pay for the rental they will take me to small claims court. Am I responsible for paying this rental bill when the insurance was sent the invoice several times and had agreed to pay before I took the rental. Also I never signed a rental form for the car at the dealership, I was given a used car to drive and had to change cars several times as salesmen were trying to sell the cars I was driving. Can the dealership take me to court for this rental bill and can I be held responsible for paying it?
April 11th, 2015 at 5:22 am #Jason

Jeff,
For the specific rental car you had, who other than yourself had the benefit of a rental car during the time you were driving it? You are responsible for the rental car charges since you are the one who incurred the charges.

It doesn’t matter if you signed a rental form or not. Signatures are not required to incur a debt. The dealership can take you to court and you can be held responsible to pay it.
April 11th, 2015 at 9:48 am #Mel

Jeff,
I suggest you pay the dealership for the rental, as they are owed the money and you don’t want them taking you to small claims. However, from what you say your insurance company owes you reimbursement for that rental amount up to the limits in your policy.

I would contact your state’s Department of Insurance for their advice. If you have proof of the faxes and mailing when you previously sent the rental bill to your insurance company I’d say it’s time to file a complaint against them.

If you don’t have proof of the prior submissions of the rental bill I recommend you send the bill for the rental car to your insurance company again, this time sending it priority mail (which has tracking online), or proof of delivery, or certified, so you can prove the they received it. Include a letter with your policy number, the claim # from the truck incident, name of the adjuster who told you they’d reimburse you for the rental if you rented the vehicle elsewhere, etc. It might also help to include dates or approximate date of the faxes or letter sent previously, though fax receipts and a mailing receipt from the times you sent it before are better. You might want to do this in conjunction with filing a complaint, depending on the advice of your Dept. of Insurance.

Be sure to also provide proof to the insurance company (e.g. a receipt for your payment) that you have paid the dealership for the rental, so that reimbursement from the insurance company should come to you.

If the insurance company doesn’t reimburse you for the rental (up to whatever limits are in your policy) when you can show proof that they received the bill, I would definitely file a complaint against them through your state’s Department of Insurance.
April 14th, 2015 at 1:51 pm #Kelli

My car was totaled and the at fault driver’s insurance company sent my bank the payoff without my consent or approval or POA form. I specifically sent him an email prior to this stating he did not have my approval or my permission to do this. But he did it anyway. Do I have any legal recourse?
April 14th, 2015 at 2:07 pm #Jason

Kelli,
You made a claim with the at fault driver’s insurance company. They paid your claim. What about that do you want changed?
April 16th, 2015 at 11:04 am #Kim

My mom drove my older car and did not have insurance. She backed into another car in a parking lot causing a small scratch. The other ladies insurance is charging over 800 dollars that they paid body shop. Is there anyway to privately check for fraud?
April 16th, 2015 at 6:51 pm #Jason

Kim,
Your mom drove without insurance. She caused damage to another person’s property. She is responsible for the damage she caused. Does your mother suspect the other car’s owner is not the vehicle owner? What would be suspected fraud you reference?

In review, your question does not even involve insurance since your mother drove your uninsured car. That action and your car are void of any relationship to insurance – let alone insurance claim help that may be needed.
April 16th, 2015 at 9:09 pm #kim

Thanks for your quick reply, i found the answer. Appreciate it!!!!
April 22nd, 2015 at 4:24 pm #Jose Chang

I had a traffic accident, remain the responsibility of another driver, your insurance company says it will recognize only 60% of gastos..es worth it?
April 22nd, 2015 at 7:12 pm #Jason

Jose,
I don’t know to what you mean when you use the term, “gastros”. What is your question?
May 7th, 2015 at 1:06 pm #Jace

Hello,

About a month ago, I was read ended at a red light. Information was not exchanged but there was a police report filed. After a claim was set with the other drivers insurance, they came to check out my vehicle to give me an estimate. Two weeks past I haven’t heard back from anybody but when I finally called, I was told that I will be receiving a check in the mail for my damage. The check was made out to me and my bank.
Do I need to let my insurance know all that?
Also, is it possible to just use that check to pay off the rest of my vehicle if the repairs can be done by a friend at no charge? Will that be up to the bank or the insurance company? Do my questions make sense?

Thanks,
May 7th, 2015 at 7:12 pm #Jason

Jace,
You don’t need to let your insurance know about anything.

Yes, you can use that check to pay off the rest of the vehicle’s loan.

I would hope if you have a friend repair your car that you pay him with at least a 12 pack of beer or something. People don’t like to do things for free that cost them time and money.

Any decision you make is based on you. Sure, you need to get the bank’s ok but if you want to pay off the loan, they will agree to that. If you wanted the money to go gamble in vegas, they might not be so receptive.

Your questions make perfect sense. If my answers are unclear, just post again.
May 12th, 2015 at 10:07 am #April

Hi, I am a louisiana resident and had my suv stolen from my friends house. I have state farm insurance and it is currently under investigation. My friend noticed it gone on 4/20/2015. I have a lot of “red flags” if you will and I’m perfectly aware of them. I was behind on payments and my truck was up for repo. I had it sitting at a friends house in hopes that once I got my taxes done I would be able to recover what was owed and get it back in good standing. However, my husband has been off and on at home and he stopped paying or helping with any bills, therefore, I had to use my tax money for rent instead. The week before my suv was stolen I was talking to all my friends about having to turn it in since there was no way I could afford to get it caught up at this point. I was very sad and upset about this so I was taking my time. On the date mentioned above my gf texted me asking if I had come gotten my suv and I said no. I then called capital one assuming they had found my vehicle and repossessed it. When I called they said that they did not in fact have it and I was shocked. I called my local police and they came out to my house. I informed him of what happened and then said that it was up for repo. He said, “if it’s alright with you then I think we shoukd wait until tomorrow after calling capital one again to make sure it wasn’t repossessed” i agreed to that thinking things like this just don’t happen around here, I’m sure that’s what happened. This is weeks later and still no word on finding my suv. I have had a detective at my house telling me that with all my red flags he believes I’m the guilty party and that he will find it probably burnt or stripped. I went from being very hospitable to shocked. I’m a single mother of 2 in a wheelchair and would never do anything to jeopardize being able to take care of my kids. Since then everyone,has been very cold and rude. I already felt violated, but now I really feel bad. I’m the victim and although I understand their need for investigating, i can’t help but be afraid because of all my “red flags” I’m a nervous person on a normal basis as it is and now they want me to sign over everything on a release form. I spoke with my husband and other friends and they all told me the same thing, don’t do it. I was also asked and said yes to a polygraph test, but the officer never called me back to set it up. At this point I’ve changed my mind. I did some online research and spoke to everyone again and they all agreed that I shouldn’t. I’m worried that saying no will make me look worse and my big concern is making things look even worse. My questions I have tried to figure out on my own are these…

1. No matter how many red flags, that still isn’t enough to deny my claim or even worse, right? Just because something looks bad doesn’t mean it is, but is that good enough for the insurance agency or the police?

2. Can my claim be denied because I do not want them going through all of my private information? Do I have to sign the releases for phone records, bank statements, etc?

I was a paralegal for 2 years, I am not going to make things look worse than they already do. I was always told, “even if you’re innocent never say a word, you can always incriminate yourself without meaning to” 🙁 just not so sure what to do here.
May 14th, 2015 at 3:51 pm #Jason

April,
1. Your claim can be denied. I don’t comment on the legal/lawful activities because that doesn’t relate to insurance. If your insurance company believes you filed a false or misleading insurance claim, they can deny your claim.

2. Yep, your claim can be denied because of your lack of cooperation. If they believe they need some of your information to make a claim decision and you fail to provide it, they can deny your claim.

I tend to look at your claim as your insurance company does. Ok, so your car was going to repossessed. What benefit does making a claim have upon that? Just let them repossess it. Who cares if it was stolen. Thabt is your banks concern. Since you owed money on it, it may give the appearance you are wanting the insurance company to pay the loan balance. Another red flag is why your vehicle was parked at your friends place. That stands out more than I can imagine.
May 16th, 2015 at 3:51 pm #Felicia

Hi my name is Felicia and back in 2013 I was in a accident where a mans tire flew off his car and hit the good of my car leaving significant damage to the right front of my car. I had just start financing this car a day short of 30 days. My insurance company at the time said my car was a total loss. I did the buy back and they gave the remainder to the auto dealer where they do in house financing. The amount that my insurance paid was not enough to pay what I owed and I was informed that I still have to pay the remainder. The car has sat parked until recently this year 2015 I have paid to get the damage fixed on the car but the tags are expired and DMV will not allow me to get tags until the title is turned in. The auto dealer is refusing to give the title to DMV until I make a payment is that legal?
May 16th, 2015 at 4:00 pm #Jason

Felica,
Your question is about a financed car, the auto dealer, vehicle title, and the DMV. Your question is not insurance related.
May 28th, 2015 at 1:09 pm #Hat Attack

Hi,

First off, thank you for this website.

Here is my story. I live in the Houston, Texas, area. In mid-April 2015, I was involved in a car accident on a Thursday evening. It was the other party’s fault. There was a police report and the officer gave the other party a ticket. The police wouldn’t let me drive my car because the front bumper was hanging off, so they had it towed.

The person who hit me also has the same insurance as me, Progressive. The next day, I was supposed to be out of town for the weekend. When I get to my destination, towards the end of the day the Progressive adjustor called me, around 3:30 pm on a Friday. I made my statement as to what happened. I asked them to send the vehicle to the VW dealership to get it fixed. While I was out of town, a hail storm passed through Houston. My vehicle was at the tow lot while the storm passed. The tow company/insurance didn’t send my car to the dealership till Monday morning, when I got there I noticed the hail damage on my car.

The collision was covered by the third party, but they wouldn’t cover the hail damage. I tried to argue that since the car was in their possession, they should’ve kept it protected because if I had the car in my possession, I could’ve had it potentially protected in my garage or in the airport garage. They made me go through my comprehensive to get the hail damage estimate and on top of that wouldn’t waive my deductible, even though the car was in their possession. They say it was an Act of God. The dealer quoted around $1050, Progressive claim was about $956, but they only cut me a check minus the deductible. I haven’t cashed the check because I really feel like I shouldn’t have to pay for the hail damage.

Finally, when I got my car back from the collision repair, I knew that it was going to have Diminished Value. Its a 2013 VW Beetle Turbo and their resale value is bad as it is and after an accident, which will probably be reported CarFax, it’ll be lower. NADA, KBB, Edmunds rates it as a clean trade in for around $18,000. CarMax would only give me $14,000. I asked Progressive for the difference in the value’s or at least somewhere close to it, they would only come up with $500 diminished value. The repair costs were about $4000, unfortunately German parts a bit expensive. Progressive was saying that if I ever sell or trade in, I should negotiate with the buyer that the parts were replaced. But why would I have to do that in the first place?

My question is if I have case to go after the insurance company for the diminished value claim and is there any way that the insurance company would cover all of my hail damage, either by waiving my deductible or having it being claimed on the collision policy of the person who hit me.

Any help would be appreciated.

Thanks,

Hat
May 29th, 2015 at 6:14 pm #Jason

Hat,
The hail damage that occurred to your car was not an act of god, but instead an act of nature. An act of nature that causes damage is not collision. Even if a deer runs into your car, it is not collision, it is a comprehensive claim, and again, an act of nature.

Although you would like the hail damage to be considered as collision damage, it will never be treated that way. Those two events are clearly separated by time, location, and cause. As far as care, custody, or control of the repairer who had possession of your car when it was damaged by hail, they have no duty or responsibility to protect your car from hail, rain, snow, or sun exposure.

Progressive should have waived your collision deductible because they will recover your deductible from the at-fault person’s policy (even though it’s the same ins. company).

If you can prove your car suffered diminished value, go for it. I’m not a fan of diminished value because cars are made from pieces whether in the manufacturer’s factory or a car repair shop. Cars are welded together and pieced together one part at a time and when repaired correctly, diminished value is a concept with no factual basis.
May 29th, 2015 at 7:59 pm #I am suing my AAA

Anything I miss
May 30th, 2015 at 5:33 am #Jason

AAA,
You may have missed posting a question.
June 5th, 2015 at 4:02 am #Tammy

Help insurance company had salvage company take my camper and know they are saying that it was an accident and want to return it because they are saying that the are denying my claim help any thing I can do
June 5th, 2015 at 5:31 pm #Jason

Tammy,
You may want to post the same question more times, but with the limited information you provide, there is no information that can be given.
June 14th, 2015 at 4:26 pm #Kacey

My sister had a blowout and slid off the road into a field and hit a tree no police were called because someone pulled her out she has comp and collision on her insurance will she still be able to file a claim even though there were no police involved?
June 14th, 2015 at 5:14 pm #Jason

A police report is not needed for an accident – especially so no tickets get issued. Yes, a claim can be filed.
June 15th, 2015 at 6:19 am #George

June 2015, after an accident a claim was filed with the insurance company
since the vehicle is fully covered with collision bearing a deductible of $200. The insurance company reviews the claim and sends the insured a check for repairs minus the deductible. The check is cashed at the bank, and a certain amount of cash was received by the insured to repair damage to the vehicle at a reputable shop for a lower cost than the total amount of the insurance check, and rental car coverage, while repairs are made. More than 24 hours later the insurance company adjuster notifies the insured and said they have declined the claim, put stop payment to the insured after consulting with a colleague, all after the claim was accepted, check sent and repairs in process. The insured uses the vehicle to travel to and from work. So, from what I understand thoroughly reading the policy, there isn’t any clause that states or plainly reads the insured cannot due this or coverage will be denied. I need to understand how and why the insurance company change their decision once it is made and what can be done, I’d appreciate some insight on this. Thank you.
June 15th, 2015 at 1:24 pm #Worried

Recently, my husband (driving without ID) in my car was in an accident. Our coverage had lapsed on insurance, but it was not our fault. The girl pulled out directly in front of him. The cops said she was at fault. He was cited for not having his ID and not being able to prove insurance. Since the accident was not his fault, will her insurance company cover it even though he was driving without ID and insurance? This is in the state of TN. The cop thought since she was in fault, that they would have to pay regardless of the situation. However, I am freaking out waiting until I get the police report to call her insurance. I have since paid my premium and have insurance again, but since it was lapsed at the time I don’t know how it will work.
June 17th, 2015 at 12:38 pm #sophia mclemore

I filed a claim last week a person T-bone my car filing on his insurance to repair the vehicle the insurance check was made out in my name and the lien holder my question is as long as I get the vehicle repaired where does the remaining balance of the check go to I still make payments on this vehicle on time never late
June 17th, 2015 at 7:14 pm #Jason

sophia,
If you have damage, get it fixed. Unless you don’t get something repaired, there should be no remaining balance left. Discuss with your lien holder what steps you need to follow to get the funds from the check to pay the repairer.
June 17th, 2015 at 7:53 pm #Jason

George,
The bottom line is that the claim is denied. For what reason, I don’t know. In fact, you probably know why but did not provide that information.

The insurance company will produce the reason the claim was denied and that insurance adjuster should be able to accurately describe the reason for denial.
June 17th, 2015 at 8:05 pm #Jason

Worried,
TN is a modified comparative fault. That means if the accident is mostly the other driver’s fault but your husband was 40% at fault because he hit her car, then the other driver would be liable for 60% of your car’s damage.

Who is the “they” to which you reference when you said, “that they would pay regardless…”? You didn’t have insurance on your car. You should not assume the other driver has insurance.

Also, an ID is not needed to drive a vehicle but a driver license is.
June 23rd, 2015 at 6:16 pm #Kim

I filed a claim for hail damage to my car that happened out of town but intrastate. The adjustor met with me and said I had $5000 worth of damage and that was without paint being added. I doesn’t look like $5000 plus worth of damages. He told me he would have to forward claim on to investigator to determine if car hood has to be replaced/fixed and to ensure hail fell in that area and that it may take a couple weeks. I understand they would check but I am being truthful and feel as if adjuster thinks I’m lying. My car looks horrible and I just want my car fixed- nothing more. Have you heard of this before?
June 25th, 2015 at 6:30 pm #Jason

Kim,
Your adjuster is following the Reagan principle of “trust but verify”. It doesn’t matter if I have heard of your type of claim situation before. It is perfectly legit. If you sustained hail damage in another state, that is fine since hail can damage your car in any location.
June 29th, 2015 at 3:02 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 #Jason

Jona,
Ask travelers to do whatever you want them to do. They might and they might not.

If you don’t want to keep the car after the repairs are made, then you should sell the car.

You have a couple of days. That should be enough time to figure out what you want to do with a damaged car. Any more time beyond that is excessive.

Only you can insist the car is repaired after an estimate. The body shop takes repaire orders from the vehicle’s owner.

I don’t know what issues you are referring to.
July 1st, 2015 at 2:15 pm #Marlin

My son was in an auto accident. The other driver ran a red light. There was another car involved as well. Both cars were a total loss. The clients insurance is telling me I can’t get a rental car and I most likely won’t get what my car is worth because they have to split the 10,000 coverage their client had between the other 2 cars. Is this something I need to fight for, or is this just how it is. I live in California. Thank you
July 3rd, 2015 at 6:04 pm #Jason

Marlin,
Believe it or not, you didn’t provide enough information to give you an accurate answer. It involves negligence and what part of the accident’s negligence did your son contribute? How about the other driver? If one driver has $10,000 worth of coverage, you may receive up to that amount for your damaged car but the total amount between all property damage will not exceed $10,000. Other driver’s involved in the accident may have insurance to contribute. Besides insurance as a source of funds for the damage, the other involved driver’s may be personally responsible for the damage above and beyond what their insurance may pay.
July 6th, 2015 at 7:40 pm #Ant

Hi,
I was involved in a freeway auto accident which ended up NOT being my fault (per the CHP & traffic report). I had started the insurance claim with my adjuster, then weird stuff started happening. 1st the adjuster was MIA, meaning after several calls & emails for about 3 weeks I all of a sudden received no further responses. Then about 2 months after the fact I received a phone message from a different adjuster at the same company, to no avail because we kept playing phone tag. So it got to the point where so much time had passed that everything else in life took over & following through basically slipped my mind. Now it has been slightly over 3 years (yes time really flew by) and I’m unsure if there is anything I can do to at least get a check for the total loss. I still have emails I originally sent at the beginning of the claim. Is there anything I can do at this point, and if so, where would I possibly begin? Please enlighten me, any information at this point is good info. Thank you so much for your time!
July 6th, 2015 at 7:58 pm #Ant

I was involved in a freeway collision (which per CHP & the traffic report was not my fault). I started a claim with my adjuster but after talking with her 2 or 3 times, things got difficult. All of a sudden she was MIA, meaning after several calls & emails I stopped receiving any response back. About 2 months later I received a phone message from a different adjuster at the same company, to no avail because we just seemed to play phone tag for the next few weeks. Although he did mention in one of the messages that the initial adjuster was no longer with the company. So as time passed & life continued, the thought of following through basically slipped my mind. Now it has been a little over 3 years and I’m wondering if there is anything I can do to try to get that total loss check I never received. I still have the original emails saved in my computer showing initial & timely contact, as well as the pictures I had sent.

Please enlighten me. Any information at this point will be good info. Thank you so much for your time.
July 6th, 2015 at 8:23 pm #Jason

Ant,
The statute of limitations in CA is 4 years for written contracts. Contact your insurance company to get your claims settled.
July 10th, 2015 at 3:24 pm #Angela

My parking garage at my apartment flooded and caused my car approx 13k worth of damage. My car is worth about 22k. It is financed, so it has full coverage comprehensive and collision insurance. My question is – am I entitled a check from the insurance company for the depreciation value of the car once it is repaired? I’ve called a number of dealerships and they’ve told me that once the flood claim hits carfax, the total value of my car will drop 20-30%.
July 10th, 2015 at 9:27 pm #Yesenia

I was in a car crash where it was my right away the other driver had to yield to traffic. On the police report the other driver was at fault and he also got a ticket for unsafe turning. I also have a witness. I believe in the state of California the person at fault is responsible for 100% of the damages. The insurance only wants to pay 50% of the damages. I do not have insurance or a license is that why the adjuster is trying to take a vantage of me? I argued with him because I know what I deserve. What should I do? I did not take his deal.
July 11th, 2015 at 9:25 am #Jason

Angela,
In my opinion, if your car was flooded to cause any amount of damage, let alone $13k, your car should be totaled and we should not be talking about diminished value.

I am not a proponent of diminished value but your state may allow it. You will have to do some research about it and present a diminished value claim to your insurance company. You will have to convince them of the loss in value which is not an easy task.

You should really be pushing to get your car totaled and then you wouldn’t even need to make a diminished value claim.
July 11th, 2015 at 9:32 am #Jason

Yesenia,
You can collect from an at-fault party up to an amount that you didn’t contribute to your loss. Although the other driver didn’t yield to you, you still are not allowed to hit other vehicles just because they did something wrong.

If the other driver is 70% at fault for the accident and your contribution of fault (because you hit his car) is 30%, you can collect 70% of your damages in CA.

I don’t think you are equally at fault with the other driver, but I also don’t think you are 0% at fault. Try to obtain an offer somewhere between 50 and 100%.

Since you have no insurance of your own, you will need to make the best of your claim negotiations.
July 11th, 2015 at 8:14 pm #Millie

I was recently involved in a car accident in Southern California while sitting at an intersection waiting for the light to change from red to green. The at fault driver ran a red light (highway patrol officer witnessed this and the driver was cited) and hit the black Honda Accord that had the green light. The accord spun out of control and t-boned into me. The air bags deployed, the fire dept had to cut driver side door to pull me out. The accident happened in March 2015…..i just got the car back from the repair shop at the end of June. I’m still going through physical therapy and have to see a spinal specialist for back issues with disks. It took the insurance company more than 30 days to decide to fix the car. Then all of sudden they decided to move forward with repairs. I finally got the car back about 60 days later. I took the car to carmax for an appraisal and found out that the title is now branded as salvage and worth 50% of its pre-damaged value. I am now upside down on my auto loan. Why did the insurance company fix the car and now I’m stuck with it, I owe money on it, will probably not be able to insure it and will never be able to sell it for much. Plus I don’t feel safe in it. Is there anything I can do?
July 11th, 2015 at 8:21 pm #Jason

Millie,
When a car’s repair costs exceed a certain percentage of the car’s value, the insurance company has to report the car to the DMV with the details.

What you really need to do is contact the insurance company and have them total your car. They would then take the repaired car and sell it to recover their cost of paying you for totaling your car.

The insurance company made the wrong decision to repair instead of totaling in the first place. Your battle to get the insurance company to total your car at this point will be extremely difficult.
July 14th, 2015 at 9:17 pm #zeeanna

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 7:36 pm #Jason

zeeanna,
See a response in the other section in which you posted.
July 16th, 2015 at 1:25 pm #Sarah

Hi,
About 4 months ago I made a claim on a tree that fell on my car and dented the hood. I have not gotten my hood repaired yet. They have paid me the money to get it fixed but it has not been done.

Last week i got caught in a hail storm and made another claim. The insurance company said they will not repair my damaged hood for this claim because they have already gave me the money that hasn’t been fixed yet on the previous claim.

Even though these two claims are completely different can they do this? Or are they supposed to treat every claim as a new one?
July 16th, 2015 at 2:27 pm #Kacey

My sister bought a vehicle from a new and used dealership the next two days she took it back and told her sales representative that something was wrong with the tires if they could check it since they were already changing the oil about 9 days later the tire rods went out while she was driving which caused an accident and the car was a total loss could she file a claim against the dealership even though there was no warranty on the vehicle
July 17th, 2015 at 7:21 pm #Jason

Kacey,
Your hood was damaged. It was paid for. You didn’t repair it. Now you had additional damage to the hood and your insurance is not paying for it. This is working exactly as intended.

Take the money you previously got for the hood and get the damage repaired.

If your insurance paid for the hood again, that would be called double indemnification and that won’t happen.
July 17th, 2015 at 7:25 pm #Jason

Kacey,
I fail to see how the tire rods caused the accident. Tire rods don’t cause accidents – a driver causes accidents.

Why doesn’t she just file a claim with her own insurance policy under her collision coverage and get her car fixed? Why bother with a weak claim in which the ending result will likely be a denial since the dealership doesn’t appear to be liable for an accident caused by your sister.
August 4th, 2015 at 8:09 pm #Brianne

I was in an accident in May. The other insurance company took 3 months to make a decision. They finally accepted 100% liability , agreed on an estimate and sent a check. Two days later they changed their mind. What can I do? I have an appointment already to fix my car and a check from them. Can I just cash it and move forward?
August 5th, 2015 at 6:15 pm #Jason

Brianne,
They changed their mind. They stopped payment on the check so it’s not a good idea to cash it. You will have to move forward. Why don’t you submit a claim to your insurance company under your collision coverage? That is the route you should have taken in the first place.

Regarding your appointment, you may want to cancel it or be prepared to get your car fixed and pay it out of pocket if no insurance is going to pay it for you.
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August 7th, 2015 at 7:24 pm #David bowler

Car accedent….can the insurance company and the lien holder to my wrecked car exclude me from the negotiations totally and settle claim among themselves??…I thought I had the right to challenge and negotiate the claim …
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August 8th, 2015 at 9:40 am #Jason

David,
No, the insurance policy you have is a contract between you and the insurance company. The lien holder is not a party to your contract at all.
August 31st, 2015 at 5:41 pm #Elizabeth

Is it legal in CA for an insurance company to deny a claim for an auto accident 3 days after the policy cancelled for premium nonpayment caused by bank error? The auto accident occurred on 03/18/2015 and the car was totaled. After reporting the accident to the insurance company I was informed that the policy had cancelled due to non-receipt of premium due on 03/15/2015. The bank provided a letter accepting responsibility for blocking the premium payment after it placed a security hold on my account blocking all outgoing transactions. The insurance adjuster was informed of the bank error but denied the claim. There is no record on the insurance company website of the accident report or claim denial. What options are available to resolve the situation? Thank You.
August 31st, 2015 at 6:04 pm #Jason

Elizabeth,
It seems legit. that you had no policy in force on the date of the accident and that your claim isn’t being considered.

I don’t know how your insurance company displays its information on its website so I don’t know about the accident report or denial.

It doesn’t matter why or how the premium didn’t get paid. The fact is that it didn’t get paid and your policy was not in force.

If your bank provided you the letter accepting responsibility, you might want to ask the bank to pay for your damaged car. I doubt the bank will do that. I’m certain your insurance company won’t do that either.

There are no options and the situation you are in cannot be resolved by expecting the insurance company to help with your vehicle loss.
September 15th, 2015 at 11:36 am #Tammy Shaver

A woman hit my dad…police directed fault at her on the report. Insurance is only wanting to patch the truck body instead of replacing the parts (front and back door). Either that or total the truck and give him face value which he clearly will not be able to get another truck for due to retirement income. This was not his fault….how do you fight this and have them pay it according the estimate and collect the difference from their client?
September 15th, 2015 at 11:48 am #Jason

Tammy,
You don’t have the other person’s insurance pay and then collect more from their client. You can’t do this. You can collect from one or the other (usually insurance), but not both.

If the other person’s insurance is willing to repair the vehicle, that seems reasonable. If repairs can be completed without replacing panels, then the repair should be done that way. If the truck is totaled, he should be able to purchase a similarly conditioned truck with the funds.

You seem to want to fight something to which fighting is not an option.
September 18th, 2015 at 10:56 am #Melissa

My vehicle was hit while parked in front of my house. I filled a claim with the insurance company but they are saying they never received a accident report from their insured. I have provided them with the police report and a statement of what happened but they just keep sending me letters saying they are still waiting to hear from the insured. Meanwhile the man that hit me has been incarcerated and will not be released from at least 2 years. I have contacted them with this information and they still say their hands are tied until they hear from him. How long do they have? Does he have a time limit on reporting an accident? Or can they just keep delaying my claim forever. There is no dispute on fault and the police report says it all
September 18th, 2015 at 4:33 pm #Sandra

My 96 nissan sentra was parked in a garage and someone hit it. The damage is cosmetic, the car’s performance has not been affected at all. The person at fault is using his insurance to cover the damage. His insurance, AMICA sent an appraiser and have decided my car is a total loss.
They are giving me the option to sell them my car or buy it back minus the salvage value. AMICA told me that my car does not qualify for a salvage title that I can keep my title.
I wanted to forget the whole thing and keep the dent but they told me that my car already shows in ISO that is a total loss (something I wanted not to happen). I got lower body shop estimates but they still say that nothing can be done
My questions:
1. If I decide to buy my car back, would having a “total loss” in the history of my car would damage me in any way
2. If someone hits my car in the future, having the total loss means that my car is worthless, would they pay me for the damage?
3.Would I need to pay any fees/extra payments for selling/buying my car back? Anything I have to do? Regarding my registration, informing the DMV?
4. If I buy my car back and repair the damage, is there any where that I can take my car to show the damage is repaired so they can reverse/remove the “total loss” label in the car history?

This situation is just crazy. I was not in the car or at fault and the insurance agents are just rude and mean to me as I do not understand how things work here.
September 18th, 2015 at 5:18 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 19th, 2015 at 6:59 am #Jason

Melissa,
Since there is no dispute who is at fault, file this claim with your insurance company and stop relying on other people’s insurance to protect your property.

However, if you still continue to pursue the other person’s insurance, they should be able to conclude that they won’t be able to talk to their insured and make a decision about the claim after about 30 days.
September 19th, 2015 at 7:08 am #Jason

Sandra,
1. “Damage you in any way” is rather vague so unable to comment. Regardless, your car is a total loss and that will remain with the car forever. The good thing is that your car is old enough that the title will not be marked as salvaged.

2. I don’t answer hypothetical questions. However, you indicated your car is now worthless – that is an inaccurate statement. Everything has a value. What value do you get from driving your cosmetically affected car everyday?

3. No.

4. No.
September 19th, 2015 at 7:15 am #Jason

Nick,
You fight this by recognizing who failed to review their policy for 4 years. You need to review your policy to make sure you have the coverage you think you have. When you do that, you will eventually gain trust back in yourself that you actually do have the coverage you thought you had. You will have to chalk it up as a learning experience.

As far as USAA, you need to re-evaluate your trust of that company because, as far as I’m concerned, it is one of the most trusted insurance companies currently available.
September 30th, 2015 at 11:05 am #Just wondering

OK my brother just bought a used car, before he could even start the paper work, a drunk driver totaled his car, which was uninsured and un registered.

so how can my brother get a claim if he didn’t even get to do any of the dmv paperwork
September 30th, 2015 at 8:28 pm #Jason

Just,
You already confirmed everything. Your brother’s car was uninsured. He has no position to make a claim. He doesn’t even have an insurance company, let alone any insurance coverage in which to make a claim.
October 21st, 2015 at 2:01 pm #CLS

Hello,

So, my husband was in an auto accident a couple days ago in the morning time. The was driving through an intersection where the other person had to make a stop. The women made a brief stop and stepped on the gas and rammed into the passengers side. Anyway, they exchanged information, the women apologized and asked if they can negotiate without insurance, that she was willing to pay. My husband didn’t agree to it, instead said he would take it in for a quote on damages and let her know.The quote was estimated between 7,000-10,000. My husband called and told her that afternoon that he was going to file a claim through the insurance because the cost was too much. The woman was fine with that, she didn’t object. My husband filed a claim with her insurance and was waiting to hear back from them the next day. He also filed a claim with our insurance. The next day came and the women and her husband both called my husband to let him know that his wife had given him the wrong policy # for their and insurance that it was a different one. After making him wait all day to receive the new insurance information, turns out that they cancelled the insurance and started a new policy with a different one the same day of the accident. The insurance card said effective the day of the accident. So my husband and I were both concerned as to why she would change it that same day and not say anything until the next day. So again, my husband filed another claim with this new policy through farmers insurance, they said the team he was assigned to would call him back. The next morning my husband called them first and they told him that the claim was under investigation.Now my husband is filling a police report just in case the woman is trying to commit fraud. My question to you is, what are our option or what happens in this type of situation?

Thank you!
October 22nd, 2015 at 6:37 pm #Jason

CLS,
You did everything you need to do. You made a claim with your insurance company. Don’t worry about anything else. Your insurance company will settle your damage with you and you can avoid all the drama with these other people and their insurance companies.
November 4th, 2015 at 9:36 pm #Gary

My son’s car is registered in both of our names and the title is in my name. He’s a senior in college and just turned 21. He went to visit my daughter at her condo and was behind a truck in the parking lot. The truck pulled into a parking space and my son continued on.
But, after pulling into the parking spot the truck backed up again and hit my son’s fender with his trailer hitch.
The damage is only $675, but the guy’s insurance adjuster said she’ll only pay half because, somehow, she finds them equally at fault. Apparently she feels that my son should have waited some undetermined amount of time before continuing to another parking spot.
I haven’t called my insurance company yet, but if she says he’s partially at fault, his rates will probably go up about $250/year for the next 7 years.
I seriously doubt (but don’t know) my insurance company will fight it just for $337.
I talked to the adjuster and she just won’t move, but also can’t explain exactly why she finds my son partially at fault. What can I do to put pressure on her?
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November 7th, 2015 at 5:56 am #Mahesh

Hi, I had an accident while i was driving to NC this year April and i didnt hit any third party. My car hit on the rails and it damaged body a lot. Insurance sent the car to a body shop and they messed up more. Insurance company paid 17000 for the fix and my car value at that time was btw 29000-32000. The body shop took 60 days to fix the car and when i went to take the car, the car was in very bad situation. All bumpers were not aligned properly and the car paint was not painted properly. I told that to body shop and they asked me to keep the vehicle there and it took another 15 days. Again went to pick the vehicle and it same condition that the vehicle not driving properly and all bumpers coming out when i drive. So body shop said they cant help anymore and i complained to insurance. But insurance taking lot of time and they are asking me to drop the vehicle there with the body shop. I wanted to give the vehicle to another body shop to see the damages and insurance accepted. I showed vehicle to two other body shops but they said they cant take this vehicle for repair because they first body shop messed it very badly. So now insurance asking m to drop the vehicle to first body shop but i don’t want to because of the way they messed up my vehicle. Mine is a new 2013 Highlander which i bought it for 38000. What should i do here? me live in Virginia. Please help me and i need a justice here.
November 8th, 2015 at 12:09 pm #Jason

Gary,
There is nothing you can do to put pressure on the other person’s insurance adjuster. They made their decision that it was a 50/50 accident.

If you don’t like that assessment, submit the a claim to your insurance company so they can pay for your damage.

If you haven’t called your insurance company yet, your assumption of any rate increases are probably not accurate. Certainly anything to do with the accident affecting your son’s rates for 7 years is outrageous. It may affect his rates for up to 3 years.
November 8th, 2015 at 12:43 pm #Jason

Mahesh,
Take your vehicle to the body shop who started the repairs. They are the body shop that needs to repair your vehicle correctly.

Your insurance doesn’t owe you a dime for any repairs a secondary body shop does to correct what the first body shop didn’t repair, or didn’t repair correctly. To be clear, your insurance company doesn’t provide coverage for the performance or non-performance of the initial body shop you had attempt the repairs.
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November 8th, 2015 at 4:17 pm #Gary

Jason,

About 5 years ago my daughter was broadsided in a roundabout. It was the first time she took out her brand new car. Police and insurance all agreed it was 100% the other guy’s fault. Still, her insurance (on my policy) went up $250/yr and I was told the increase would “only” last for 7 years. Their claim is that she was hit once so, statistically, she’ll be hit again. Not all insurance companies do this. State Farm (our insurer at the time) didn’t, but when we switched to Hartford (half the price) they did. Also, in 1976 I was hit by an uninsured motorist and it totaled my car. I was insured with Prudential then and they actually dropped me. The reason was, statistically I’d be hit again by another uninsured motorist. Since an insurance company dropped me, my rate went from $250/yr full coverage on a new sports car (TR7) to $800/yr liability only on an old beater.
I’ve read that there are ways to put pressure on. Maybe asking for arbitration or taking the other guy, his insurance company or the adjuster to court.
I can’t believe the adjuster thinks my son is really 50% at fault. I think she just believes nobody will fight over $337. And really, she’s right. I want to fight it because I believe it’ll cost $1750, or more, over the next few years.
November 8th, 2015 at 4:46 pm #Jason

Gary,
Arbitration is not an option for you with the other person’s insurance company. You can’t take the adjuster or the insurance company to court. The only one you could take to court is the other driver. Then at that point, you would have to prove the other driver was more than 50% at fault.

You would have to realize you would have to overcome the fact that the adjuster assigned it as 50/50 and the court would assume that is correct, and you would have to prove it was not.

Since the other adjuster is right, nobody in their right mind would fight it. Your only option is to file the claim with your insurance company and let the adjusters figure out the respective fault to each driver.
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November 10th, 2015 at 11:47 pm #Terry Williams

I wanted to know if insurance companies know whether or not there is a lein on your vehicle.I was involved in an accident which was my fault. When I reported the claim to my insurance company they told me that I do not have collision on the vehicle… I didn’t know that this is even possible. The lein holder also claims that they were unaware that I dint have collision. Do you have any advice for me.
November 11th, 2015 at 3:03 am #Jason

Terry,
A loan is an agreement between your lender and you.

An insurance policy is an agreement between your insurance company and you.

Both the above agreements do not have more than 2 parties.

If you tell your insurance company you have a lien holder involving your vehicle, your insurance company will know.

Regardless if your insurance company knows there is a lien, they have no duty to require collision coverage. Collision coverage is only included if added by the policy holder.
November 12th, 2015 at 6:49 am #Ronny

I was hit a few months ago in the Wal-Mart parking lot but there was very little damage. The guy agreed it was his fault so, even though we called the police, we didn’t ask them to come out and fill out a report. Then his insurance company would only pay half of my repair. His agent said if I have a problem with it I can call my insurance company. The total bill was only $550 so I didn’t bother and I also didn’t want my insurance company to know just in case it makes a difference in my rates.
Now I’m wonder; will my insurance company find out, somehow, later on anyway?
November 12th, 2015 at 8:36 am #Jason

Ronny,
Your insurance company may find out. There are several accident data bases that they can order to find any accidents in which your or a member of your household has been involved. Usually the insurance company won’t look for anything additional for a potential rate adjustment unless they have a reason to do so.
November 12th, 2015 at 8:58 am #Ronny

Thanks Jason. Do you think they’d look when it’s time for me to renew? I don’t have any tickets or anything.
November 12th, 2015 at 9:40 am #Jason

Ronny,
Anytime your insurance company handles your file, they have reason to review your rates and the risk you present for them. A renewal is a time when your file handled. So is processing a claim, making a policy change such as adding or removing a driver/coverage, or making a policy or coverage inquiry.
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November 16th, 2015 at 6:15 pm #Alfie

Hi. My car got hit n run recently. My adjuster sent an investigator to interview me. The investigator clears me. A week later my adjustor calls n said they will be writing a check out for my repairs. Then adjustors calls me back a week later and said the auto shop needed a supplement check. The adjuster denied the check. Also, the adjuster said he needs to conduct farther investigation. He says my car was driven when it was hit. I was sent 2 letters. 1 letter was for a proof of lost and the 2nd was from a lawyer representin the insurance to tell me to come in to sign a affidavit. My question is, are they going to denied my auto claim? And are they trying to sue me for auto fraud?
November 16th, 2015 at 6:22 pm #Jason

Alfie,
I don’t know.
November 18th, 2015 at 5:42 am #denise

Hi my name is Denise and back in April my vehicle was hit and it mashed the front end, it was not drivable, so it was towed. The guy that towed it stated that he was sure we had some frame damage. So when the adjuster from the lady who hit my car insurance company came and looked at the car, but he said that the hood was crushed to bad for him to open it and look at it and he said he couldn’t even crawl under it to even glance at the frame, so when it was sent to the body shop, I told him that the guy who towed it said he was sure there was some frame damage. Well he said a I can fix this car,” now we have had the vehicle back to that shop 7 times because the front end is uneven and it won’t stay together, the hood won’t line up. The shop said he doesn’t know why the parts won’t line up, so I asked him if he checked the frame, and he said no, so I told the insurance company about all the problems and told them again that nobody checked the frame and the car keeps falling apart. I told the body shop that I wasn’t accepting the work on it because we have had it back 7 times and they can’t get everything to line up. So I told the insurance company that the frame was never checked by their adjuster or the body shop, and I was told there is probably frame damage. Well the insurance company is saying that they don’t have to pay to have the frame checked even if it was never checked and even if our car won’t stay together. Even though I told them from the very beginning the guy who towed it said he was sure there was frame damage. If they neglected to have the frame checked shouldn’t they still be responsible since both parties admitted they didn’t check the frame.
November 18th, 2015 at 8:45 am #Seleina

Hi,

My insurance company gets paid by direct withdraw. I noticed that there was an NSF posted on my bank account so I notified my insurance agency to let them know and to pay over the phone. She told me that I could not pay it until they were notified of the NSF and contacted me. I was in a car accident on the 4th by hitting a deer on the interstate, I filed a claim they called me and told me my insurance had canceled on the 1st. But I had a check out to them in the mail. When they received the check they called me and said they would not cover it because it was post marked after the 1st. They they cashed my check. Wouldn’t they have to cover it then, because why would they cash my check knowing that I have no car to insure. It is totaled.
November 18th, 2015 at 7:23 pm #Xavier

A few months ago while parked in a hotel parking lot my vehicle was broken into, vandalized and my personal property stolen. There wasn’t much visible damage to the vehicle which I mentioned initially to the insurance company.

At first they were very helpful agreed to tow my vehicle back to my home city ( I was out of town ) and provide a rental vehicle. I returned home, expecting my vehicle to have been towed and undergoing inspections at the local dealer. To my shock almost 2 weeks after initially filing the claim they contacted me asking if I was going to pick up the vehicle from the hotel parking lot. At which time I asked why it had not already been towed. I was now notified they refused to tow it to my home city to my repair facility of choice and required I choose one in the city the vehicle was in. Additionally, they required me to travel to the out of town repair facility to provide my car keys which they originally instructed me to keep.

Another week passes and my vehicle still had not been towed to the new repair facility. Additionally, my rental coverage was terminated before the inspection by the insurance company was even scheduled. The insurance even told me they had already delivered it to the repair facility, who denied even receiving the vehicle. Additionally, after being told it had already been delivered I received a call from the tow driver indicating he’d be getting to my vehicle next. Because they neglected my vehicle in a parking lot for weeks, their inspector attempted to inspect the vehicle at the repair facility. But since it had not yet arrived had to reschedule causing further delays.

I was also forced to travel out of town again to meet the inspector and go over the damages, to which he ignored my calls the day we were scheduled to meet only to later inform me he had already inspected it early that morning and found no signs of vandalism. Just normal Wear and tear. Keep in mind I submitted photos (selfies) from only weeks prior showing no damage to the vehicle, they interviewed my friend who was with me prior to and after the incident who is a retired police officer and stated it had been vandalized and even had the several employees of the insurance company who actually viewed the before /after photos state yeah, that’s obviously been damaged. Additionally, the body shop stated i writing the damage shown in unlikely due to “normal wear and tear.”

In addition to the damages, my personal belongings were all stolen (I had been shopping it was a holiday weekend), there were cigarette ashes all over the vehicle. Now, almost 2 months later the insurance company states all damage is normal wear and tear and the vehicle is driveable. Even though it beeps nonstop regardless of which gear it is in. I have yet to receive a letter denying the claim, however due to their neglect I’ve been forced to make 4 trips out of town and missed almost a week of work thus far. I forgot to mention their “investigator” required I meet him in person two different times. I’ve spoken with the managers and even the director who actually hung up on me as he no longer wanted to speak.

Can anyone offer any suggestions?

Thanks
November 18th, 2015 at 7:24 pm #Jason

denise,
I don’t know the frame is affected. I don’t base any credibility on a guy who towed the vehicle and didn’t inspect the frame yet insisted the frame was damaged.

Since you’ve had the vehicle back to the repair facility 7 times, I question the shop’s repair abilities.

Nobody is responsible for anything regardless if they looked at the frame or not. In fact, your vehicle may be a unibody and may not even have a frame. In fact, if the car is newer than 1990, I’m sure it doesn’t even have a frame.
November 18th, 2015 at 7:26 pm #Jason

Seleina,
If your insurance was no longer in affect, they don’t have to cover the damage to your car. It doesn’t matter if they cashed the check because it is likely they returned the funds back to you.
November 18th, 2015 at 7:36 pm #Jason

Xavier,
Just get the details worked out with your insurance company so you can have the misc. damage repaired.
November 20th, 2015 at 6:49 pm #Emily

In August 12 2013 I was rear ended in bumper-to-bumper traffic on the freeway. The other party and I exchanged insurance information at the site and went on our way. A claim was filed with her insurance (Mercury)- I took my car to get an estimate at the body shop I go to and they said they never received it? SO I went to the auto body shop they recommended (literally called “Preferred Auto Body”). Got the estimate from their body shop (my shop was actually cheaper — by like $10 but still) and waited to hear a verdict. I called the claims manager and mercury and never got a definitive answer as to whether or not the claim would be covered. Stupid me never took the bumper to be fixed. In the meantime my father committed suicide and I moved out of the country. I left for awhile to get my shit together mentally and have now returned and am driving the same car. They never sent a check for the estimated amount and my bumper is still scratched/dinged. I called today and they said the claim had been closed- essentially I am not going to get my bumper fixed. Is this legal? I live in California and thought the limit to pursue a claim was 3 years??? HELP ME — i know I am a dumb idiot for not just getting in fixed right away in the first place but life literally got in the way. When my father died I could hardly function and was basically catatonic. Better now can face the world and just want a dentless bumper. Thanks for any help/advice!
November 20th, 2015 at 10:24 pm #Mel

Emily,
I’m very sorry to hear about your father. It’s completely understandable that you weren’t functioning well at that time.

Please call the CA Dept of Insurance to find out the time limit for pursuing a claim. I can’t speak on that.

Regarding a claim I had, the Dept of Insurance told me that insurance companies will sometimes state that a claim is “closed” in order to make you think that you no longer have any recourse. However, the claim can be re-opened and the Dept of Insurance should be able to tell you what to do. You should probably file a claim with your own insurance company too.

If the insurance companies are not responsive, I suggest you file a complaint through the CA Dept of Insurance. Hopefully you kept the paperwork, estimate, etc. regarding the accident. You should include copies of whatever documents you have with your complaint.
November 21st, 2015 at 7:00 am #Jason

Emily,
Sure, you have 3 years from the date of the accident to sue the other driver for the damage to your vehicle. If that other driver’s insurance company closed the claim, ask that they open it to settle the claim with you.

You could also file the claim with your insurance company. I don’t know the amount of time you are permitted in your auto policy to make a claim. That is something you will need to determine.
November 23rd, 2015 at 5:47 am #Tracy Canalia

I had an accident on 5/15/15 which was mt fault as I ran a stop sign. State Farm didn’t have a close shop for me and the closest was an hour away. Because I am a single parent and live out of town I chose a local body shop. When my car was returned I noticed many issues with repairs one being the paint job, not just quality but also a lighter color than the rest. First thing they said was wanting to blend the hood. My response was…You want to paint my car more of the wrong color. He said it was really the only fix. My car is only 3 years old and was in excellent shape at the time of accident. I complained to my agent and claims which I did not want them to do any more paint work. State Farm claims told me I have to give them another chance. But also I chose the shop so I am on my own. Had the discusion with the owner of the shop and we agreed to bring it back so they could repaint the peices they had already painted. There was a supplemental check for other things and also the blending of the hood which I told State Farm before it was even mailed I did not want to blend the hood. So when I returned to get my car I looked at the hood and front quarter and thought they did a good job matching the pain. When I presented the check I asked about the extra for them blending the hood. He stated we had spent alot of time on this car. I was happy to have my car back and was just going to take a wash. When I arrived home and was going over my car I realized that infact they did paint the hood and also failed to repaint other pieces as they stated they would. I called and confronted them on this and asked who gave the permission for them to blend the hood, they stated the insurance company did. I explained the insurance company doesnt pay for my car I do. Now my catr is 3 different colors of silver, plus still many suspension issues that I am still trying to figure out and out of my own pocket. The hood they painted has a bubble that was there 3 months after they did it, now cracked you can see the silver paint underneath it as they didn’t do it properly. All my complaints to my agent go on deaf ears. This body shop has really messed up my car more than the accident. I still owe alot on this car and there is no trade in as my agent asked and suspension noise I was told that after an accident you seem to hear more and was probably ther at the time of accident. Do all these people just assume I’m dumb and will walk away? I need to know what to do about State Farm. I am taking the body shop to small claims but my agent hasn’t done anything to help. They did mention on bringing it back yet again, I won’t even speak to the body shop as they just lied to my face. So what recourse do I have and also does State Farm claims have to release all my phone conversations with them? they told me they couldn’t and have nevr done that. I’m supose to do this on my own and my own agent won’t help me get what I need for my case. Very Frustrated, Please Help ME
November 23rd, 2015 at 6:41 pm #Jason

Tracy,
Your problems are with your body shop and your body shop alone. Leave your insurance company, the claims department, and your agent out of it. They did their job as required and they should not have to be involved in your problems with your body shop.

If you are successful in your small claims, it is likely you will win the honor of having the body shop re-doing your car. Why not just skip the small claims and have the body shop do it now? Don’t look at it as them lying to your face. Blending is a common practice in automotive painting repair and is expected because paint cannot be matched 100%. If you view their common practice as something negative, that won’t help you get through this.

As far as your request for records from state farm, you can expect to receive nothing from them.
December 1st, 2015 at 12:41 pm #Victor reyes

I was hit on the rear end driver side of the bumper.has minor damage a couple of scratches and one little crack. The adverse insurance came and gave me an estimate of $200 or paint bumper half way and I would have to pay 50% of paint is this fair?
December 1st, 2015 at 5:16 pm #Jason

Victor,
Does it appear to be fair to you? If you don’t like the offer presented, submit the claim to your insurance company under your collision coverage.
December 8th, 2015 at 4:36 pm #Jimmy

My daughter was going to get boyfriends house and because it was dark, she came across a tradh can in the road snd had to swerve to miss it . She is ok but the trash can hit her mirror and broke the glass and cracked the casing around it . Plus scratched the car. Would her insurance go up?
December 9th, 2015 at 2:58 am #Jason

Jimmy,
To summarize, she hit a trash can and it caused damage to her car. The accident would be considered an at-fault accident and it could be used as a justification to increase her premium. Especially if under 21 years old. I can’t say for certain if your rates would increase, because I don’t know how your insurance company would view the accident along with your previous driving/accident history.
December 15th, 2015 at 2:56 pm #Celia

My insurance company wants to include my body shop or lien holder on my claim check for damage on my truck. I see in another letter the same question was presented and you replied, because there is a lien on vehicle insurance companies have to make the check out that way.

My friend swears that she was in the same situation with the same insurance company that I use (Geico), but when she was presented a check it was made out to just her. She said it is NYS law that they have to give it to just the person who holds the insurance. This lady means well, I think, but also always has an opinion and wants people to think she knows all.

It makes sense to me that the insurance company would be obligated to write two party checks if money is owed on vehicle, but my friend did put question in my head.

So, could you please tell me what is the law in New York State concerning this issue?
December 15th, 2015 at 4:48 pm #Jason

Celia,
Your insurance company will either include your lien holder or your repairer on the check. That is because in your insurance contract, you agreed that the insurance company would protect your lien holder. Protecting your lien holder requires you repair the vehicle using a body shop or getting your lien holder involved in your claim settlement.

It is possible your friend was presented a check only in her name if she wasn’t the insured by her own insurance policy. She may have been the claimant and the insurance company of the other person paid her. When she is a claimant, there is no contractual agreement of that insurance company to protect the claimant’s lien holder. Your friend’s claim would be settled by applying liability standards and those standards apply only to the owner (and does not include a lien holder).

As far as a two-party check involving a lien holder or a body shop, there are no laws (NY or any state) that address that. It is simply part of the terms of the insurance policy (contract).
December 23rd, 2015 at 3:21 am #Dana

Hello there. I saw you are a pro adjuster and wanted your opinion. I have GEICO full coverage and a 17 yr old driver. The other day, while pulling into a parking spot a man in a pickup truck opened the door and she was inches in and the door got her. The drivers side bottom right sharp edge of the door on the truck nailed my 17 yr olds passenger bumper/fender. It has a hole in it and some scrapes. Adjuster called talked to me but mostly my daughter which I okayed. 2 days later, adjuster calls- and my daughter has been deemed at fault and I have to pay. So we have to pay on his 2005 ford truck door. The adjuster didn’t ask for pictures from us and I didn’t think anything of it as I thought a live person would come out. So as I wait thinking an adjuster will call and arrive, the other party provides statement and photos. Next thing I know- We are at fault. How does she figure this? I have requested a report regarding the investigation and pics of his door. If his door was already open as he says- then her car would have pushed his door forward and damage on the interior mid to lower center section of door. Thoughts? Ideas? My insurance is GEICO full coverage and his is State Auto Insurance (not state farm)- liability I assume being an 11 yr old vehicle. Please help.
December 23rd, 2015 at 7:24 pm #Jason

Dana,
I have no idea where you saw that I was a pro adjuster.

If you have full coverage, don’t worry about it. Your insurance company will take care of things. You don’t have to do anything, except perhaps confirm things with your insurance company.

You indicate the damage to your daughter’s bumper/fender has scrapes and a hole. You said the driver’s door of the other vehicle nailed the bumper/fender of your daughter’s car. I will have to inform you that your daughter ran into the other guy’s door and his door did not hit your daughter’s vehicle to cause the damage you explained.

Your daughter cannot be hitting into other people’s vehicles and it’s appropriate that she is considered the at fault party.

Regardless if you requested the insurance company report and their photos, those are not things you can expect to receive.

Also, don’t assume the other guy only has liability just because of the age of his vehicle.
January 6th, 2016 at 2:17 pm #mike

My auto has not passed inspection, will my insurance still be in force, I live in NC
January 6th, 2016 at 8:26 pm #Jason

mike,
I am not certain but probably. So what if the vehicle you drive doesn’t pass a state forced requirement? Your insurance protects your from your liability when driving, and if you have physical damage insurance – the covered damage that happens to your vehicle.
February 5th, 2016 at 12:30 pm #Cecilia

Roughly a week ago after entering my car (which was parked in the parking lot of local store), I was abruptly jarred forward due to another vehicle hitting my car. To be clear … my car was parked and I hadn’t even had an opportunity to turn on the engine.
I saw in my side view mirror that a vehicle was pulling into a parking space to the far left of me (it was parked in a horizontal space and I was parked in a vertical space), so I exited my vehicle and ran over to the vehicle. I knocked on the driver’s window and the driver (a woman) motioned she was coming out to speak with me.
Upon exiting her vehicle I confronted her with the fact that she had hit my car. She acknowledged such and apologized. I asked how she hadn’t seen me parked there … two vehicle lengths aways and not in her direct path (she had to back up and turn significantly to hit me). Her response … “I don’t know, I don’t know”.
I immediately called the local Police, my Insurance Agent and proceeded to gather her information and take pictures of her license plate, etc…
She, in turn, called her agent in my presence and proceeded to take my information and photos.
The Police arrived and asked what had occurred. I stated (a) that my car was parked and hers was the only one in motion, (b) pointed to where she was parked and stated that she had backed-up and traveled two car lengths at an angle and hit my car.
She did not dispute these statements in the presence of the Police Officer, nor did she provide a different or conflicting explanation.
The Police Officer was perturbed enough by the situation that he took her ID and insurance card and ran it through his computer (likely to check to see if she had an impairment charges) and then verbally confirmed to me in her presence that she was who she said she was and that her insurance was indeed in force.
That said, he claimed he could not file a Police Report due to “it having occurred on private property; i.e., the parking lot being owned by the store”.
So, on with went with each other’s information in hand.
Upon getting home, my husband called her insurance agent (with Farmers). The office personnel acknowledged that they had spoken with the driver, and directed us to the Farmers Claims Office. My husband called the claim office, gave them our information and was told a claims adjustor would be calling to obtain our my statement. A claims adjuster did call, took my statement, and then informed me that she would have to get a statement from their driver before accepting liability.
After not hearing back for a couple of days my husband phoned the claims adjuster back, and surprise, surprise … the driver had failed to call the claim agent back.
We have been in the situation once before … a driver hitting the back of my husband’s car then failing to call the claims adjuster back. We not only got stuck with the deductible, but suffered a diminished value of the car when we went to sell it because it was subject to a CarFax report as being in an accident.
I guess it wasn’t such a surprise … a flash in the pants insurance company, minimal insurance coverage, etc…
So hear we are again.
That said, although when I saw from the driver’s insurance id card that she outside my area and was thinking, “oh no, not again”; my hope was revived when I saw the insurance company was Farmers.
Not to mention the fact that (a) the driver called her agent in my presence and (b) didn’t dispute the account of the accident in the presence of the SL police officer.
I was hoping that this would get resolved easily and quickly … the driver calling the claims adjuster back, giving a statement, acknowledging liability and (finally) me getting my car fixed without having to fork out another deductible payment. It’s bad enough that I’ll suffer diminished value on my vehicle.
We buy luxury vehicles and have good insurance. But, in both of these cases we were not at fault and it is within our right to file against the other driver’s insurance.
How is it that these people know NOT to call the claims adjuster back? That in not giving a statement, there is no liability to them or their insurance company. It’s hard to believe that they know this on their own. The average, well-educated person doesn’t know this … they simply operate with honestly and integrity and call the adjuster back.My gut tells me that they are coached not to return the call. They play the system. What are my options?
February 11th, 2016 at 3:15 pm #Angela J

Hello,
I had car accident few month ago. Someone’s car was hit my car 2011 Toyota corolla serious damage total loss. I review my car value $12000-$14000 on bluebook. but the insurance just pay me car damage + rental is $8432.19. If I reject the amount where can I complain the insurance Inc. ?
Angela
February 18th, 2016 at 5:50 pm #Ann W

My car was taken by a friend without my knowledge & consent and totaled. She has no insurance and may not have a license. My insurance company says if I don’t press charges they will pay for my and the parked cars this person damaged. If I do press charges the case will go up for review. What does it mean to go up for review? Will my car be paid regardless and will I be
able to protect the integrity of my policy which I don’t want to lose.
Ann
February 18th, 2016 at 6:09 pm #Jason

Cecilia,
You already know what your options are since you said you’ve been through this before. Don’t get your hopes up with farmers because that insurance company has a very high customer claim dissatisfaction rating.
February 18th, 2016 at 6:13 pm #Jason

Angela,
I can’t determine if your car was totaled or repairable since you’ve indicated both. I will assume it was repairable since you were paid a repair amount and rental allowance.

I don’t know if you can reject the amount of damage. I don’t even know why you would consider that. Complain about what? I don’t understand what you are trying to accomplish.
February 18th, 2016 at 6:27 pm #Jason

Ann,
If you have physical damage coverage for your car that includes theft protection, your car will be paid by your insurance regardless what you do.

You are not required to press charges because coverage is not dependent upon that action.

You are not responsible for damage caused by another person while using your car after stealing it. Further, if your car was stolen, your insurance company is not responsible for any damage caused by the person who stole your car.

Up for review is meaningless. Don’t be concerned about what it means. If your friend stole your car, she is not an insured under your policy and she will be liable for the parked car’s damage and the amount your insurance company pays for your car’s damage.

I don’t know what you mean about protecting the integrity of your policy. Your policy has no integrity. No policy has integrity. Your car was stolen, why are you concerned about losing your coverage because of what someone else did?
February 26th, 2016 at 4:41 pm #Jason

I was backing my wife’s car out of our parking garage and did a decent amount of damage to it when I hit a concrete pillar. We share the same insurance company but have different auto policies at the same address. My question is can I report it under her policy?
March 1st, 2016 at 11:28 am #Brian

My car was recently damaged by large hail. It took out the back window, back speakers, there are many dents all over the frame, and the cloth on the roof is torn apart. My car is 15 years old, and before this storm, I was only considering purchasing a new car. Now because of the storm, I do plan to purchase a new car now, and probably dumping the old one.

My question is, should I still make a claim even if I plan to dump my car? And who usually makes the estimates, the insurance company, or those who do the repairs? I have not taken my car to any shop because of my plan on dumping it. Also, I currently use Allstate, and I see you have them listed in the bad section.

Thank you.
March 1st, 2016 at 12:31 pm #Jason

Brian,
Making a claim is something you have to decide for yourself. Based on the described damage to a 15 year old car, it will probably be totaled. If that is the case, the insurance company will purchase the car from you for settling your claim based on the value of the car just before the hail storm.

Either the repair facility or the insurance company can write an estimate. Yes, the customer claim experience that people have with allstate is not good.
March 2nd, 2016 at 4:20 pm #Yessica

I was in an accident a few weeks ago. My car is paid off and in my name. My insurance company sent me to a local repair shop for an estimate. This doesn’t mean that I HAVE to go through that company correct? The adjustor asked me if i wanted to have the check sent to them and I told her no, that i wanted the check sent to me. This is my right correct? I can choose when to repair it and who i want to go through correct?
March 2nd, 2016 at 4:28 pm #Jason

Yessica,
The check should go to you. You own the car and only the car’s owner can dictate what happens to the car. You can repair it at any location you want. In fact, you don’t have to repair it. You can repair just part of it. It’s entirely up to you.
March 8th, 2016 at 2:49 pm #Marie

William pays $300 every 6 months for automobile insurance and his deductible is $750. William caused a minor accident that resulted in $800 of damages to his car and $1,100 of damages to the other car. How much will William pay to have both cars fixed?
March 8th, 2016 at 2:54 pm #Jason

This site is for insurance claim questions, not math/word problems.
March 8th, 2016 at 3:31 pm #Jaxsen

Marie- William will pay $750 – his property damage liability will cover the damage to the other party.
March 8th, 2016 at 4:23 pm #Jason

Jaxsen,
If the hypothetical accident to which you responded happened in one of twelve states, of the thirty-three states, that have Modified Comparative Fault, you would be correct. But what you’ve indicated clearly only applies to twelve of the thirty-three states if they apply the 50 percent Bar Rule. A 51 percent Bar Rule applies to the remaining twenty-one states – with the exception of Michigan (in most cases). In the hypothetical you addressed, although it’s been noted that a person “caused the accident”, we don’t each party’s percentage of fault each was assigned to the accident.

Michigan’s property damage law is based on the principal of No Fault. No fault means the insured’s insurance company doesn’t apply liability to the involved drivers (except in narrowly defined situations) and each person’s insurance company pays for their insured’s damage with no subrogation of the other insurance company.

However, there are thirteen states that recognize Pure Comparative Fault which reduces the liability by up to 99% for that person’s partial or majority of fault for the accident. In the hypothetical scenario, the amount paid for the other party’s car could range significantly so any amount paid could potentially be closer to $0.00 than the total amount of damage.

Then, there are four states, and the District of Columbia, that apply a liability threshold of Pure Contributory Negligence which means even if the other driver is 1% at fault, he will recover nothing from the other person’s insurance.

Any hypothetical question is difficult to answer since there are so many variables.
March 8th, 2016 at 4:29 pm #Jaxsen

See, I knew there was more than your canned smart ass answer to the person is clearly seeking help with a claim and not a math problem. I’m sure they will thank you for your lengthy response, and maybe even provide you with the state they are in for further clarification. It must be your period week. Either that your upset that folks won’t donate to you. Cheers!
March 10th, 2016 at 10:57 am #Laurie

our car was totaled in an accident. the other driver was at fault and his insurance says that they do not retain 3rd party vehicles and that we have to take care of the salvage process. They provided a bid from a salvage company to buy the car and the insurance is deducting that amount from our claim. Can they force us to do all this in the state of California?
March 10th, 2016 at 11:07 am #Jason

Laurie,
Probably.
March 10th, 2016 at 12:53 pm #Laurie

That just sucks! 🙁
March 16th, 2016 at 8:08 am #Deja

My car recently got hail damage to it and I called my insurance company filed a claimed, went to there body shop to get a estimate, my adjuster called me let me know what the estimate was. I still owe money on my car, I called around to a couple of shops and for some strange reason I one want to deal with my insurance company because of bad experiences with them not paying. So I called my insurance company and ask if they can issue the check to me and I take to whom I wanna take it to and get it fixed. They told me they can’t do that, they have to issue the check to a body shop but the body shop that I want to fix it told me to get my check first and then they will do business with me. My finance company said they don’t have anything to do with my insurance should cut the check in my name and I get it fixed on my own with whatever shop I pick. Please I need advice on what to do. My insurance company is American Access casualty Insurance, and believe me I have already read the bad reviews on them.
March 16th, 2016 at 9:58 am #Jason

Deja,
Take your car to the repair place where you want to have the work completed and let that repair place resolve getting paid from your insurance company. It’s really pretty simple.

Your alternative is to have your insurance company write the check to you and your lien holder and then you can work out the details of the damage repair with your lien holder. Your lien holder can release the funds to the repair shop or they can apply it to your balance.

Immediately look for a better insurance company.
March 18th, 2016 at 2:29 pm #Tina Sikes

I was involved in an automobile accident in 2013. My back was injured and I was receiving medical treatment that went on for 2 years or most of. The cars were fixed and I was released by the Dr’s 2015. I received a settlement from State Farm. They paid me part and what the Dr’s I was seeing were owed. Now Mcr is asking me for money that had nothing to do with claims from which were part of the accident. They are just asking me for all of the 2 years of every claim which included some for oxygen?? Nothing to do with my accident. I talked to my State Farm agent and she said that she could not get ahold of a Mcr claims agent. She suggested I get a lawyer. I have a bad feeling that from the get go I should have hired a lawyer. But I didn’t know nor have I ever had any experience with any of this. Do I re-submit all of the paper work or should she. Please tell me what I should do next as for the State Farm agent didn’t seem to be very helpful on what her part is on any of this as far is concerned the case is closed. I don’t know what to do with anything at this point any advise would be great. Thank you, Tina.
March 18th, 2016 at 2:39 pm #Jason

Tina,
I don’t know what mcr is. My best is that it’s a medical supplier or provider.

They apparently are sending you a bill, which you seem to indicate has nothing to do with your accident – a claim you repeated twice.

Submit the paperwork to state farm? Don’t bother. You were paid, and with high probability you signed a release. There are no do-overs with claims. This is true regardless if you get an attorney or not.
March 19th, 2016 at 7:52 pm #Beth

Hi, I scratched a paint off a new car recently. And I bought a liability coverage which doesn’t require deductible. the coverage would only pay for the damage of the other person, not mine. I called my broker and they said that property damage ( not bodily involved) under 999$ would not cause my premium rates to increase. While everyone I know say that whenever an accident occur, the rates will always go up. The damage was only about 500$ (repaint and rent) and my insurance was alliance united. Should I settle the money with them or make a claim to my insurance. because it is hard for me to get that kind of money to make up for the guy. but it would be harder for me if my premium rates go up by 20%. This is my first accident, im’ 18 and i just bought the insurance 2 months ago. Please! If anyone knows anything, help me. im in CA
March 19th, 2016 at 8:06 pm #Jason

Beth,
It’s not reality if you think your premium will go up 20% if you’ve been told by your insurance company that a liability claim under $1000 will not increase your premiums.

In another sense, why would you pay an insurance premium, and also pay for any claims against you instead of using your insurance coverage?

With that said, only you can determine what you will do. Did you buy insurance to avoid ever having to use it?
March 19th, 2016 at 8:42 pm #Beth

I’m glad you’re telling me to tell my insurance. But I am a little afraid because everyone i know and trust say that I SHOULD JUST PAY OUT OF POCKET IF THE PAYMENT IS NOT THAT HIGH, THE RATES WILL CERTAINLY GO UP WHEN YOU’RE IN AN AT-FAULT ACCIDENT. I could protect my points too ( and my family because my whole family is under my father policy). But i really really want to tell the insurance because it is so absurd to spend an amount that i could hardly afford without working my ass off. the problem is I DON’T try to TRUST my insurance. there maybe some threshold that my insurance can make my rates go up. But after you’re advice I should just make up my mind and file a claim right? is it the smarter things to do?
March 20th, 2016 at 6:25 am #Jason

Beth,
Whether you make a claim or not, your insurance company can and will find out about this at fault accident of yours whether they pay out or not. It’s not a matter that they won’t find out about the accident, it’s a matter of when they find out about it. Your driving record, with violations and accidents, is contained in multiple data records that insurance companies utilize all the time.

You don’t have to trust your insurance company. They don’t trust their customers – that’s why they utilize all these data records so they can more accurately charge for the risk to which they are exposed.

I have no idea what you are talking about when you say you can protect your points. There are no points connected to accidents – points are connected to violations.

I don’t provide advice about what you should do. What you do is based entirely on your situation, set of facts, and choices available. You are the one that has to make that decision. Regarding the advice of those that you know and trust, don’t let those people influence or sway your decision.
March 21st, 2016 at 11:42 pm #Jacky M

My car was parked in front of my house, neighbor hit and run my vehicle, I waited to see if she would come over. Never came over so 2 months later I went to her. first she denied knowing who hit my car, then I told her I knew she did it. 2 to 3 weeks later she left note letting me know she turn it in and made a claim.

Her insurance company let me know they take full responsible for the accident. I got estimates on damages, then I when to there location, to let them see car damages. They try to sell me insurance, while the guy was going over my vehicle, I realize what they were doing and told them I came only for them to take care of my vehicle.

Then the guy told me what they would give me and can they set it up with there body shop to repair it. I told them no I will take it to my dealership, then they said then it’s total. My car is driver able and only the bumper and side panel and light and panel is damage. They only said total when I said dealership, and now for my Cadillac they said I can keep it and they will put salvage on it, and give me a lot less then what they said if I took it to there body shop.

What can I do please help thank you very much,
March 28th, 2016 at 7:12 am #Kurtis phelps

Someone fell asleep at the wheel and ran off the road and into my driveway and smashed into the rear end of my blazer and totaled it.. i only had liabilty on in it. The other persons insurance is called acceptance insurance and they said they couldnt rent us a car. They can only pay 20$ a day for everyday it is sittin in our yard. It has been 3 months and they have police report and sent someone to take pictures but wont return our phone calls and avoiding us.. im out of a vehicle and i dont knw what actions i should take. The insurance company seems to not trying to do doing anything and i would like this resolved.. what should i do?
March 28th, 2016 at 7:56 am #Jason

Kurtis,
Get it resolved. Don’t wait for a return call. Call them as many times as it takes and talk to the person who can settle your claim.
March 28th, 2016 at 1:14 pm #Barry

Hello-

I took my 2007 Toyota Tundra to a national chain for an oil change just like I’ve done several times before. However this time they botched it and most of the oil drained out while I was driving and the engine is now a total loss. At any rate, the shop manager agreed that it was their fault and wanted to help in any way that he could. Due to the sizeable claim amount on this it was transferred over to their insurance company to handle. Long story short, the damaged motor had 145K miles on it and the insurer is only willing to give me $4,600 towards the $7,200 repair costs (remanufactured engine plus install). They are calling it a betterment deduction. Do I have any recourse on this or am I stuck with this deduction? Should I retain an attorney before I sign anything? Thanks.
March 28th, 2016 at 2:44 pm #Jason

Barry,
You’ll have to determine what you want to do. It is appropriate for them to apply betterment.
April 6th, 2016 at 6:51 am #Randi

I have Geico Insurance and I pay about $180.00 a month for full coverage insurance with a $500.00 delectable and a $50.00 a day for rental reimbursement. My 15 year old son who is also covered on this policy wrecked my Toyota Sequoia on the front end, Geico had me take it to a body shop with an estimated damage around $4000.00. This wreck happened in January 2016. When I picked up my vehicle I noticed that the engine light and other lights were on so I told one of the body shop guy’s about it and they said it needed a tune up. SO I took my vehicle home. I noticed when I was driving it home it was not running the same but I thought well it needs a tune up. As my son is the main driver on my car I returned it to his possession. He told me a couple different time over a few weeks that it was making weird noises and wasn’t running the same. My husband went out and popped the hood and noticed the latch was missing and that things didn’t look right under the hood. SO I took it back to the body shop the body shop and the original adjuster said, “Oh it just needs a tune-up, and we will fix the latch.” I was furious so I called the supervisor and she helped me get it to an actual mechanic and certified Toyota dealership. They told me the caliper on the breaks were locked up in the front and the power steering wrack was bent and the cracked. Yet when the adjuster came out he said it wasn’t because of the wreck. I am so frustrated and I don’t know where to turn. These problems were not happening before the accident and the insurance company refuses to pay. PLEASE HELP!!!
April 9th, 2016 at 5:34 pm #jim

will insurance cover the cost of replacing my entire braking system in my car $3000 because i mistakenly added a couple ounces of power steering fluid to my brake fluid master cylinder
April 10th, 2016 at 9:36 am #joy

When a car sustains total loss status from a comprehensive claim, is the title handled differently than if it had been a collision claim?
April 10th, 2016 at 4:10 pm #Jason

Randi,
You took it to an incompetent repairer. That can’t be undone. You have to get what you can repaired and negotiate to get the insurance company to pay if it’s accident related.

I don’t know what was related to the accident so you will have to use common sense and logic to convince the adjuster it should be paid as part of the claim.
April 10th, 2016 at 4:29 pm #Jason

jim,
That situation happens enough that insurance companies have caught on and lawyers have been working that language to exclude exactly what you have said happened from automobile insurance coverage. Although it is an accidental and unintended action, policies are now actively excluding that cause of loss.

If you have an older policy that has not been updated, you may have coverage. If you have a more recently updated auto policy, it will probably be an excluded event. The way you would know for sure is to review the listed exclusions contained in your specific policy.
April 10th, 2016 at 4:49 pm #Jason

joy,
No.
April 10th, 2016 at 11:08 pm #Sal

My 2007 chevy avalanche caught fire it cost almost 5000 dollar and 2 months to fix and now They fixed the electrical and now have 2 dead cylinders from the fire the 4 6 8 fuel deactivation which control fuel and oil pressure may have caused another problem the insurance company after fighting with them wants to put a used motor from a junkyard and this the 3rd issue with the fire what do I do thanks
April 12th, 2016 at 9:19 pm #Jason

Sal,
Get it repaired.
April 14th, 2016 at 6:12 pm #Glen

Ok here’s one I could use some help with ,
Bought a 2002 boat in mint condition, 10 min after buying it I was trailering it home and a teenager ran through an intersection and t boned the trailer tipping it over and boat sliding down roadway, trailer was messed up pretty good but boat and motor cover only suffered cosmetic damage, the driver was insured and have talked to insurance company who is sending out an adjuster to where they brought it after the accident.i showed pics of damage to a boat shop that said the boat is totally fixable and wanted it brought to his shop so when the adjuster came he could point out the damage so nothing would be missed, I told said insurance company I wanted it brought there but all the fees and towing would have to be paid by me which detured me cause the cost is to high , I personally don’t think the boat is totaled and would really still like to have the boat as I have seen the damage that is cosmetic and seem to think they are going to total it , any advice will be greatly appreciated
April 14th, 2016 at 6:39 pm #Jason

Glen,
If the boat is repairable, get it repaired. It they total the boat, buy it back for its salvage value and then repair it with the settlement funds.
April 14th, 2016 at 6:59 pm #Glen

Thanks for the input, their ins company is hiring a independent adjuster as I was told that adjusters that they use are not particularly qualified to access damage to boats ,is this a normal procedure and will this affect my outcome in any way that I should look out for , and further if I don’t feel the assessment is fair is it still my option to have it brought to and looked at by a professional boat repair and get an estimate of repairs just like the procedure of automobiles , thanks
April 14th, 2016 at 8:43 pm #Phillip

Why does other driver at fault claim adjuster asks for pics of mileage,radio,headliner,steering wheel etc
April 17th, 2016 at 10:14 am #dpanshu

Aftr which time period i will take insurance of new car my cars bumper was damageg
April 17th, 2016 at 12:28 pm #Jason

Phillip,
To determine the condition of your car to assess it’s approximate value.
April 18th, 2016 at 8:14 pm #Brittani w

Hi, on December 30th 2015 I was hit by a teenager. My car was brand new. A Mazda 2016 cx-5. They did not total it out busy estimated 13,000 worth of damage, the air bags deployed. We took the car to am auto body shop after research. During its repair tinge they told us multiple times it was at the paint shop, when there were still issues. It went from the paint shop to the dealership because they couldn’t fix an electrical issue, back to the auto body shop. Then it went back to the dealer for air bag issues that they couldn’t fix, actually it went to 2 different dealership mechanics for this. On Thursday the 14th of April they returned my car. I drive it about 40 miles noting that the steering want right, the breaks were shaky, and there was clicking when I would turn the wheel, definitely not the smooth ride of my brand new car. We took it back to the body shop as required by our insurance today. They called and had to order more parts for my car that they ” fixed”. I’m wondering if I have a claim, how can I trust what’s under the hood and I refuse to drive anything less than the 100% I was driving before my accident. I’m frustrated and angry and not sure what to do. Our insurance isn’t helpful even though they don’t have to pay the claim the boy at faults insurance does. This entire time I’ve had a rental car that we are not sure we will be reimbursed for and it’s causing stress and anxiety.
April 19th, 2016 at 6:25 am #Jason

Brittani,
You concerns are with the repairer, not the other person’s, or your insurance company. If a car has issues after it’s repair, that means it wasn’t repaired correctly. Your only remedy is to have the repairer repair it correctly.
April 24th, 2016 at 12:46 am #Paul

I bought a used 2004 SUV for $4000 cash last Monday. On Wednesday morning I went online to my insurance carrier (Geico) and added the car as a new vehicle on my existing policy, but I added collision to the new car. Later that same day I had an accident that probably totaled the car. I went online and filed the claim later that evening. I was sent an email on Friday that said my new policy took effect on Thursday.
I ws told it takes 24 hours to process a new added vehicle on an existing policy. Still waiting to hear from the company about my claim. Am I covered for the accident?
April 26th, 2016 at 1:36 pm #Ben

We recently had a horrible storm here in Houston, Texas and my street where my car was parked flooded from a bayou behind it. After the rain finally stopped the next morning, my neighbor was telling me he looked outside because he heard hail coming down really hard. He said the water was 3/4 of the way up his driveway. He asked if i had any water in my car and i went to look and there was 2 inches of water on my floor. I drive a 2007 cadillac cts, and the insurance is covered. I’ve only been able to speak to the adjuster once and the appraiser came today to look at the damage. I shop vacuumed over 10 gallons of water out but it was in the padding and i couldn’t get it completely dry. I left fans in it for over a week. This is water from the rain and the bayou behind it. He is saying the car isn’t totaled. All the wires have been exposed to water and will corrode over time. The two fuse boxes are located under the backseat and were exposed to water from carpet below it. Should the vehicle be considered totaled?
April 26th, 2016 at 1:45 pm #Jason

Ben
Probably. You need to convince the adjuster. Your claim isn’t settled until you accept a check. If you get one for repairs, cashing it will settle your claim.
April 26th, 2016 at 1:51 pm #Ben

Thank you for the quick response Jason. I’m sure i won’t hear from the adjuster until after the appraiser who looked at it gets his info in to her. I’ve called and left messages with no return.
April 26th, 2016 at 2:15 pm #Jason

Ben,
While you wait, take it to a repair facility and have them inspect it and give you their opinion, in writing, whether it is a total loss due to the water.

Also, you may want to write up your views of the damage to the vehicle and put it in the form of an affidavit (and get it notarized) so you can have this information ready for the insurance company if they don’t total the vehicle.
April 26th, 2016 at 2:17 pm #Ben

Thank you for the help Jason. I’ve never dealt with my insurance company before after 10 years of driving and never having to file a claim.
April 26th, 2016 at 5:05 pm #Rebecca

Hello, my husbands car was parked on a public street in San Francisco and was hit by another car in the middle of the night. Most likely because of drunk driving as there was only one person found in the vehicle passed out in the back of the car when police arrived on scene. We found a police report ticket on he windshield the next morning. The other persons insurance company gave us an estimate on the damages which was around $6,000. Then we had to wait a month later still no response because they couldn’t put they’re client at the scene of the accident because she wasn’t cooperating with her insurance by ignoring their calls. Finally they got back to me and said they did place her at fault and they want to pay me but now they only want to pay me the “value” of my car which to them is about “$4,000”. My car isn’t a ordinary car i have customized part of the engine and rims, interior and such. what can I do in this situation? Are they obligated to pay me for my damages?
April 28th, 2016 at 11:08 am #Tami

I purchased a home on 2/29 from my mom and uncle, the home belonged to my grandparents prior to their passing. the escrow made a mandatory request to put a roof. The house was built in 62 and also needed some love. So I didn’t want to move the family in till the interior and exterior walls were touched up, painted, and new flooring (possibly windows). So nobody was sleeping at the house, but just there daily. Insurance was to be included in my mortgage when I signed.

On approx. March 14 mail from Pacific Specialty insurance (policy #ENG0536928 same number as when my grandparents were alive) came to the home with my uncle and moms name. She opened it and said its a bill reminder saying that if payment isn’t received by 3/16 the policy would be terminated, so I call the insurance company, then the escrow company, and finally the agency (Sav in insurance). The lady who handles the home insurance stuff was really helpful and said that she would get everything transferred over to me, but would first need to research and get a copy of deed.

I called back the following day and spoke to the agent. She mentioned that my name was transferred, she got a copy of deed, and all I needed to pay was $211. I paid and received a receipt.

A few days or so, my mom mentioned that my uncle is asking if the insurance was paid due to a bill. I called the agency since the lady agent was helpful and friendly. I told her about the bill and also wanted to know my coverage. We discussed the coverage and I asked how much more to add earthquake ($2000, yikes!) I declined. she asked if I would like to pick up a copy or wait for mail. I said mail fine.

On 3/23 water was all over the kitchen floor, part of living room and bathroom. Something under the sink had broke/burst. I got all nervous cause it looked as if it leaked all night. I called a water cleanup company out who stopped where the water was coming and they cleaned out and dried the water. I called insurance company to report and they didn’t pull up a policy under my name. I gave the policy number that I had and they said it’s not under me, but my uncle and mom. They advised to call the agency that said it was changed to me and they advised that policy don’t transfer.

I immediately started calling the agency and spoke to the lady, she said she will figure everything out and help me, but would need to call me back. A few hours later I followed up with an email.

On 3/24 the agent said she was able to rectify, but what I found odd is she provided me with a new policy number (not the same one that my grandparents or uncle/mom had) and asked me to call the insurance company and file a claim. I did.

A couple of days later, an adjuster calls and takes a recorded statement. After he turns off the recording he says “the fact that I open a new policy and file a claim on the same day is not good” I advised that I should have always had insurance, he said speak to the agent. Later I emailed him a copy of the receipt that I paid on 3/15. Later that day when I was reviewing some things that I wrote down, I thought to have provided the incorrect incident date and called him back and left a voicemail of the error. He called and also left me a message asking the last time I slept in the home. I told him I don’t recall the last time, but I can tell you that since the day of the purchase, no one has slept there.

On 3/29 I visited the agency office due to the Adjuster requesting that I email him a copy of my deed and some escrow papers and I don’t have a scanner, so I took to agency office and they scanned and emailed. Again the adjuster asked for the documents on 4/2, which I called the agency and they emailed to him again.

On 3/31 the adjuster sent out one of his coworkers to come see my property and damages.

I called and emailed the adjuster on 4/4 and 4/15 for an update and to see if he received the email from the agency and me. He then replies and says another recorded statement is needed and I advised that I’m busy and would prefer to write, he replies a few days later that I have to record the statement to move on, so I do the recording on 4/25. He ask questions like last time I slept in home, did I call the agency on 3/17 an ask “what if a pipe breaks” i say no, but I recall speaking about coverage (everything). I tell the adjuster that I believe some error occurred with the agency and he mentioned to speak with them , but so conveniently they won’t call me back. The adjuster also advised that he’d have an answer for me tomorrow 4/26. He mentioned that my policy didn’t start till 3/22, I questioned how?… I paid 211 on 3/15 to the agency. He mentioned that my whole premium was 500 plus and I didn’t pay full and escrow paid remainder on 3/21. I paid what I was told I owed and where was it applied on 3/15? He said talk to my agency again.

4/26 I spoke to an attorney free consultation- he scared me, says that my claim sounds like it’s getting special treatment, possibly fraud investigation. cause the adjuster mentioned he needed to speak to his Sr. Examiner and the questions I’m asked. And I received a call from the adjuster-he said it was denied based on the fact that no sleeping in the home. I advised that I never seen this this policy nor signed anything agreeing to it on the new policy they gave me. Maybe the agency signed it for me and didn’t say?? Cause they were the one who opened the policy and gave me my new policy number.

4/27 I received a voicemail from Mr. Reedy the adjuster and he says “that I still have a chance, he needs water bills, documents from the water restoration company I used and also needs to verify the date of the incident with them. I called back and left the adjuster a voicemail asking “what changed the fact of no one sleeping in the home?” He called back and said “that he turned in the denial paperwork to his boss and they decided not to hold the vacant policy against me.”

I’m sure I’ve missed some items. I can’t help to think that they are not telling me something and possibly covering for the agency. Now im here reading all
Google stories.

Thoughts ?
April 28th, 2016 at 1:35 pm #Jason

Tami,
I don’t provide thoughts about anything. If you have an insurance related question, I will answer it.
April 28th, 2016 at 3:22 pm #Rebecca

Hello, my husbands car was parked on a public street in San Francisco and was hit by another car in the middle of the night. Most likely because of drunk driving as there was only one person found in the vehicle passed out in the back of the car when police arrived on scene. We found a police report ticket on he windshield the next morning. The other persons insurance company gave us an estimate on the damages which was around $6,000. Then we had to wait a month later still no response because they couldn’t put they’re client at the scene of the accident because she wasn’t cooperating with her insurance by ignoring their calls. Finally they got back to me and said they did place her at fault and they want to pay me but now they only want to pay me the “value” of my car which to them is about “$4,000″. My car isn’t a ordinary car i have customized part of the engine and rims, interior and such. what can I do in this situation? Are they obligated to pay me for my damages?
April 28th, 2016 at 4:43 pm #Jason

Rebecca,
They owe you the lower of the fair market value or the cost to repair. If you don’t like their offer, submit a claim to your insurance company if you have collision coverage. If you use your insurance, your insurance will collect your deductible from the other person’s insurance to reimburse you for it.
May 11th, 2016 at 2:58 pm #Victoria

Hello,

My truck was getting fixed at the car dealership recently. It’s a 2014 that was recently purchased from the dealership. A few minor repairs were needed, so I left the truck at the dealership to have it fixed under warranty. I received a call that the truck was hit on the interstate under the care of the dealership. I’m being told that the other person was at fault and the insurance will pay for the damages. My truck was never wrecked and I’m afraid the value of the truck will be depreciated. The dealership isn’t doing anything but fixing the truck under the other car’s insurance. I’ve had the truck only for a few days! What should I do? How can I get money for the depreciated value? Thank you!!
May 12th, 2016 at 10:10 am #renee

I lied about my insurance claim – is it fraud? I rear-ended my husband’s company pick-up on the freeway. I told my ins co I rear-ended a stranger who just drove off after looking at the minor damage. My husband and I est the truck damage at about $1500, and we were going to pay it ourselves. The estimate came back at $4000, which we simply do not have! So, should I call my agent and explain? I don’t want to go to jail…
May 25th, 2016 at 3:09 pm #Leslie

I was bicycling down Pleasant Hills Drive a woman on Rhonda road at the light turned right into my path from the right turn lane and as I was almost clear through the intersection knocking me and my bike across two lanes into the middle divider she stopped loaded my bike up and drove me home I had a concussion I went with her the insurance company said I’m at fault I was traveling too far away from the curb I had every right to be where was in the bike lane
May 25th, 2016 at 4:38 pm #Jason

Victoria,
People make claims for the physical damage to their vehicles to get it repaired. Another claim would need to be made for loss of value – if your state recognizes loss of value claims.

You may want to file the claim with your insurance company, rather than letting the dealership interact exclusively with the other insurance company, especially if you want to make a loss of value claim. At this point, you probably don’t know if the dealership’s insurance company, the other driver’s insurance company, or the garage liability policy is paying, or if there is another party paying. I don’t know who is but if you filed with your insurance company, you would know who to deal with for sure.

If you use your insurance company, your insurance company should be able to recover your deductible from the responsible party to reimburse you.
May 25th, 2016 at 4:46 pm #Jason

Leslie,
Did you have an insurance question you want to ask?
May 31st, 2016 at 10:29 am #Samantha

I was involved in a car accident and the driver of the other car ran a stop sign and t boned my car. The driver then fled the scene on foot. My car was totaled and the owner of the car that hit me states the car was stolen by his nephew so the insurance company Is denying my claim. How can the owner and the nephew get away with this? The car was never reported stolen. I have yet to find out the name of the person driving the car. I have herniated disc in my lower back, a bulging disc in my lower back and neck. In a nurse and I am in too much pain to work my usual schedule of 16 hours a day on the weekends due to the pain I now have. My life has been turned upside down and the insurance and this guy are getting away with all responsibility. What are my rights here?
May 31st, 2016 at 4:42 pm #Jason

Samantha,
The driver that hit you is responsible for your damage and your injuries. If the car was stolen from the owner, neither the owner nor his insurance is liable to you.

It’s likely the person who hit you doesn’t own a car and doesn’t have liability insurance. You would have to sue the driver. The driver is probably a loser so that may not be a wise choice, but you have to research your options before you make a decision.
June 1st, 2016 at 3:41 pm #Brian

I work for an insurance company in Arizona that charges for losses caused by household members that are no longer in the household. Example Bob and Sue are married, Bob has an at fault accident. Bob and Sue get divorced. Sue goes to get insurance on her own and gets rated for Bobs accident on her new policy. Is that legal???
June 2nd, 2016 at 6:36 pm #Jason

Brian,
I don’t know. This isn’t a legal advice sight but nothing about what you described seems logical to do.
June 3rd, 2016 at 6:38 am #Ron

Hello, my question regards determination of fault. I live in Michigan and carry broad form full coverage thru progressive. I was in an accident due to mechanical failure(wheel,tie rod) broke sending me off the side of the road and into a ditch totaling my 2003 deville with 120k miles on it. Progressive is saying my fault meaning I have to pay deductible. I say it’s not my fault. Is there anything I can do to overturn their determination
June 4th, 2016 at 6:34 pm #Megan

I’m kind of in a bad situation. I bought a car in late March. The car was in a very bad accident April 18th. My fiance was behind the wheel. Unfortunately, he was not listed as a driver on my car (despite the fact that I thought I had included him on the policy. There were some extenuating circumstances to the situation that I won’t bother adding here.) My car insurance company denied the claim, saying that I had willfully lied on my application for insurance (which was definitely not true, considering that I thought he was on it as a resident, non-driver.) Fortunately, his insurance was also working through the problem. Unfortunately, it took over three weeks for my company to deny the claim. In that time, my lien holder sold the title to the wrecking company. Now his insurance company has decided that they will pay for the repairs, however, I have no idea what to do about the whole situation. I still owe the total amount of the car to the original lien holder, but the title was already sold. If the insurance company pays for the repairs, and I pay the lien holder for the car, does that mean the wrecking company just gets to keep the title or what? I’m in way over my head on this situation.
June 4th, 2016 at 8:58 pm #Jason

Ron,
You were involved in a one car collision that caused damage to your car. It is your fault. You selected your deductible and that will need to be paid. It’s not their determination, it is your and their agreement that if collision damage occurs to your car, you will pay your deductible before they pay anything. Fault has nothing to do with your deductible.
June 4th, 2016 at 9:13 pm #Jason

Megan,
You have a messed up situation. I’m just going to conclude your current situation is not insurance related.

The lien holder doesn’t sell your title (or your car), you as the owner can only do that. The lien holder’s financial position is protected and that’s all. They have no say about what happens to your car unless they repossess it. Your insurance company rightfully denied your claim based on misrepresentation and rescinded your policy which makes it void.

It doesn’t matter that your fiance’s insurance company has stepped up to protect him from liability do to his accident. His insurance has no desire or obligation to protect you or your lien holder – his insurance is there only to protect him.

As I said, this is no longer and insurance issue since your insurance rightfully denied your claim. The concern is now between you, the lien holder, and the towing company.
June 9th, 2016 at 5:22 pm #mich

I was in an accident where the driver claimed to be at fault. I found out the next day they were trying to see if she was actually covered at time of accident. I hit my mouth on steering wheel broke two vaneers and damaged my truck. I waited with no response for a couple weeks when I was told that my insurance company would cover teeth and i had a buyer for truck. So i cancelled claim. I did not want to do either of those things while i still had a claim and be accused of trying to get double out of it. Well the buyer of the truck backed out and my insurance will not cover my teeth can I open claim again or have I blown that possibility.
June 10th, 2016 at 7:57 pm #Jason

mich,
Re-open your claim with the other company. Claims can be opened and closed multiple times and it affects nothing.
June 13th, 2016 at 6:46 am #Joyce

We were in an accident and the insurance claims handler team decided we were 60% at fault even though the other person involved received citation for “operating vehicle at speed greater than reasonable and proper”, which i was told falls under the reckless driving category. In the Official Accident Report from the Highway Patrol, he checked that she was speeding and the box was checked that unsafe driving on her part and on us No Improper action was taken was checked. After speaking to claims dept they basically said because we were backing from a driveway into a road it was our fault even though she was speeding and driving unsafe! I don’t understand this and asked about filing an appeal and they told me we could NOT appeal their decision. We both happened to have the same insurance company and same insurance agent so he is trying to stay out of it and let the claims dept handle this. They basically said from the beginning before even knowing she go a ticket that it was our fault! they did not talk to any of the people at the scene or anything just me and her and like I said they had their minds made up from the beginning. We did not even get out of the driveway, she was left of center, but they said that didn’t matter because it was a dirt road! Is there anything I can do to appeal this or anything?
June 15th, 2016 at 5:58 pm #Jason

Joyce,
After reading what you wrote, I agree with the decision made. Even though it’s the same insurance company, both your adjuster and the other driver’s adjuster came to terms about fault.

You were already told you cannot appeal their decision. If you can’t appeal it, you can’t appeal it. Everybody involved in the fault decision making have come to terms. Their decision is what it is and there is no changing it.

I don’t care who told you speeding is reckless driving because it’s not. Reckless driving can involve speeding but speeding is not the single factor for that action.
June 16th, 2016 at 10:01 am #Bryan

My rims and tires, and adapters were stolen off my car. I have comprehensive coverage which does cove this, ninus the deductible. A day later, i noticed rear bumper damage and engine noise. The adjuster came out, reviewed the claim, was about to cut two checks, one for rims, tires, and adapters and another to start body repair and would leave that open to inspect engine once i take it to the shop. He now stated he must go back to the office bc it seems that my rims and tire along with the initial body estimate would be near or over my cars worth. Shouldn’t this be two seperate claims under comprehensive and not a way for them to “total” my car. Note: the body damage isn’t even a fifth of my car’s value. Someone help me with this please
June 16th, 2016 at 7:31 pm #Jason

Bryan,
An insurance company can repair your vehicle or total it. That is the insurance company’s choice. You have two unpaid claims and it may be cheaper to total your car than consider repairing it.

If it is totaled, talk to the adjuster about your options to re-purchase the vehicle from the insurance company.
June 17th, 2016 at 10:45 am #sola

My 08 X5 4.8 w. 36K miles w. all options, was rear ended by a nationwide insurer, he is at fault 100%.
Nationwide is low balling the total loss, what should i do – need urgent advise.
June 21st, 2016 at 8:01 pm #Jason

sola,
You can file a claim with your insurance company if you have collision coverage.

In order to make sure your car is being accurately valued, ask for the valuation report to make sure all of the vehicle’s options are included. Also, make sure the subjective condition of your vehicle is accurately marked. For example, the conditions they can list for your vehicle are excellent, above average, average, fair, below average, etc. Make sure the condition rating represents your car’s condition and ask them to change the condition rating if justified. A vehicle’s condition rating can change the vehicle’s rating by a considerable amount.
June 23rd, 2016 at 4:18 pm #Cara

My 7-month old leased car was stolen about a month ago. It was recovered about a week later with all of the dash components ripped out (radio with touch screen and navigation) and some minor body work, which was about $9,000 in damages.

I went through my insurance company’s preferred body shop to complete the repairs. The day before I was to get the car back it was involved in a fire at the body shop and was completely destroyed (apparently a tow truck owned by the shop caught fire while parked near by car and the fire spread)

Because the repairs were nearly completed, my insurance company paid the shop $8,700 for the work they did and the shop’s insurance company took over for the total loss claim.

Their insurance is paying the ACV for my car and luckily I should be getting some of the $$ I put down back b/c the car was worth more than the lease payoff. However, the lease deals have changed and to replace my car with the same lease term and $$ down is going to cost over $100 more per month. Do I have any recourse in this situation?
June 25th, 2016 at 7:31 am #Jason

Cara,
The owner of the vehicle will receive any excess value after the lease is paid off. The person who leases a vehicle is not the owner and will not receive any excess funds when a car is totaled.

Everything is being handled the way it should be. There is no alternative to things being handled the right way – except for it to be handled wrong.

Your concern at this point is about the financing/leasing of your next vehicle because the insurance portion is complete, and the repair facility’s liability could not have been handled any smoother.
June 27th, 2016 at 7:50 pm #K

My vehicle was stolen, set on fire, and left in another county while I was attempting to sell it. The perpetrator was never found. I had left the keys under the floor mat since the vehicle was parked across the street from my townhome in a park where many children play soccer.

I was called under the guise that I was to come in and see the vehicle. Instead, I was questioned as a potential perpetrator and they even took a DNA swab! Which was ironic to me since it is my car (my DNA will be everywhere). It’s been a month and I haven’t been contacted by the police since about the matter.

I want to file a claim with my insurance company but I do have red flags such as late payments and bad credit. I have additional vehicles and I make good money, and the detective acknowledged that I likely wouldn’t have real reason to do this myself. If I file the claim will they likely begin to investigate me? I have a child, a pregnant wife, and a professional career to protect. Do these insurance companies pursue charges in order to deny a claim? It’s not worth being the victim of bad luck or circumstance for this.
June 27th, 2016 at 8:50 pm #Jason

K,
This is not an insurance question. Direct your concerns to an attorney.
June 30th, 2016 at 12:03 pm #Leslie

Hi so my sister’s car was hit, her boyfriend has full coverage insurance on his car so he added her and her car a while back. So he got the check and cashed it but is now refussing to get her car fixed, instead he had engine work sone on his car. Is that legal?
July 1st, 2016 at 9:02 pm #Alejandra

Hello,

My brother owns a bicycle shop and one of the employees was asked to help install a bike rack. the customers car for scratch from the bike rack now she is claiming it is the shops fault.First of all, is the shop liable? Secondly, does the car have to be repaired? lastly, if the car does get repaired does my brother have to provide a rental car?

thanks,

Ale
July 2nd, 2016 at 5:43 am #Jason

Leslie,
What you posted makes no sense. What I will assume you mean is that your sister’s car is insured by a policy owned by your sister’s boyfriend and her car was damaged. He received payment for the damage for her car. He used the money for something else and her car remains damaged.

If that is the situation, it is perfectly legit what he did. He is the insured and he can do whatever he wants with an insurance payment.
July 3rd, 2016 at 12:42 pm #Kendall marden

A drunk driver hit me and 5 other cars on the freeway . She went to jail did not have insurance , there was a police report. I took my car to the dealer I bought it at and it was my decision to have it totaled or fix it. I wanted it fixed , it’s a srx cadiilaic and was in perfect condition. When I got it back there were sounds coming from the wheels and it didn’t drive right I had the dealer document it . 2 days later the car died while driving , some sort of electric thing . Now my insurance won’t pay and they won’t admit any doing that it’s related to the accident . I never had a problem with my car . What can I do
July 4th, 2016 at 8:18 am #Jason

Kendall,
If the car was that close to being totaled, you should have gone with the option to total it.

Cars can stop running for a number of reasons, even cars that have never been in an accident. There is no reason to think any and/or all symptoms are related to the accident.

The wheel noise is your issue with your body shop, and your insurance has nothing to do with that.

Get your wiring diagnosed as to the problem and get it fixed.
July 10th, 2016 at 10:44 pm #Steve H

I was struck by a hit and run driver on a one way street. He hit me not hard because I was aware that he was merging into me but it knocked me into a parked car resulting in several list teeth and an injured shoulder. Had witnesses who took down his license plate. The driver provided the police with an expired insurance policy. My attorney filed paperwork with Californias DMV and they provided us with the same expired policy number. Turns out the driver who hit me is a personal injury attorney. Am I being bamboozled or do I have other avenues to pursue. Lawyers here where I live wouldn’t take the case I’m thinking because the driver was a colleague. My attorney only pursues automobile insurance. I’m lost and frustrated. I have not been able to work because of my injured shoulder and I look like a hill Billy from my teeth being knocked out. What do I do now??¿? Thanks for any help….
July 10th, 2016 at 11:04 pm #Steve H

Sorry for the over sight. I was riding a bicycle.
July 12th, 2016 at 3:07 am #Jason

Steve,
Find an attorney who will take your case. Take care of your injuries regardless of what happens with the driver.
July 16th, 2016 at 4:44 am #Zackuary

Someone backed into my car in Walmart parking lot and drove off but the cameras can’t see it. I have a warranty with Chevrolet for a 100$ deductible. Am I allowed to file a claim with my State Farm insurance and keep the money then go to Chevy and get it fixed. I am also paying on my car.
July 17th, 2016 at 8:39 am #Jason

Zack,
A warranty is not the same as your automobile insurance. You don’t even have the option to get damage from another vehicle repaired under a warranty. Submit your claim with state farm.
July 22nd, 2016 at 5:22 pm #Gary

My son (college student) rear-ended another vehicle, over a year ago (5mph). There was no damage to the other vehicle, but my son’s drivers side airbag deployed. I really didn’t want my insurance to go up for the next three years, so I didn’t file a claim, just paid to have it fixed myself.
I don’t remember why, likely a cheaper rate came calling, but I have since switched insurance companies.
I now find out that the other person in the accident filed a late claim for injuries. If I already fixed my car (used parts) and a personal mechanic, can I go back and ask for new parts and installation?
July 23rd, 2016 at 10:40 am #Edonas Orr

My insurance company has paid over $10,000 to repair my 2008 Jeep including rental coverage. It cost right at $9000 to repair my vehicle i askea the body shop to give me an estimate of how much my vehicle is worth and by KBB ratings he printed it said my vehicle was worth barely $6000. Since the body shop finished the repairs on my vehicle Ive returned my vehicle numerous of times for the same damage that was improperly repairs back to standard conditions and now the shop refuses to completely repair my vehicle back to standard conditions.
July 24th, 2016 at 7:10 am #Jason

Gary,
No.
July 24th, 2016 at 7:13 am #Jason

Gary,
You can probably ask for the used part cost and actual labor cost you put into your vehicle. It would be up to your insurance company to accept your claim because you did not allow them to verify your damage, complete an estimate, investigate if the damage is consistent with the accident, and you did not report your damage in a timely manner.
July 24th, 2016 at 7:26 am #Jason

Edonas,
Your concerns have nothing to do with insurance. Insurance paid to have your vehicle repaired. They have completed their obligation to you.

The issue you have is with your body shop. They are either unwilling to properly repair your jeep, or they are unqualified to do the repairs. Either way, this is not an insurance problem.
August 10th, 2016 at 12:04 pm #James

My truck was recently involved in an accident due to the other driver running a red light. My insurance company has already completed their estimate and mailed me a 2 party check made out to myself and my lein holder. I want to personally order/purchase the parts I need for the truck and do the repair work myself. The problem is, my bank says they will not release any funds until after the truck is repaired. Well, I can’t buy the parts and do the repairs without the funds sent to me by insurance. So am I just out of luck on performing my own repairs or do I have any options here?
August 10th, 2016 at 12:08 pm #James

My truck was recently involved in an accident due to the other driver running a red light. My insurance company has already completed their estimate and mailed me a 2 party check made out to myself and my lein holder. I want to personally order/purchase the parts I need for the truck and do the repair work myself. The problem is, my bank says they will not release any funds until after the truck is repaired. Well, I can’t buy the parts and do the repairs without the funds sent to me by insurance. So am I just out of luck on performing my own repairs or do I have any options here? Should I just ask to have the check reissued to me and a body shop?
August 11th, 2016 at 5:05 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 11th, 2016 at 6:54 pm #Jason

James,
Your concern has nothing to do with insurance. Instead it is entirely about the restraints put on by your lien holder.

Charge the parts to your credit card, do the repairs, and then get reimbursed by your lien holder.
August 11th, 2016 at 6:59 pm #Jason

I have no reason to suspect the damage happened at two different times based on your post. It seems your insurance company is requiring the correct information.

If your car was hit once and the damage resulted to the hood and passenger side of the car, why would it be two claims? You seem to be missing some information about your claim(s).
August 23rd, 2016 at 6:58 pm #Nicole

Dear Jason,
Hello my name is Nicole Davis I have a interesting question about my recent denial of coverage with my car insurance I have not had a vehicle in I have not had a vehicle in 5 years. I got blessed on
( May 13th) and was givin a truck that was Mint not a ding In It. So I called progressive and purchased basic Florida insurance.
On July 2nd I called Progressive wanting better coverage Due to Several trees falling on my property to lighting as well as speaking to my mother About A situation with her car (The day she bought it She was pulling out of the car lot and crashed) So she said it’s worth the extra money to spend since your truck is in such good condition to get The best of the best insurance, So I’ve had the truck a little more then a Month and Added comp+ collision with 100 deductible (Truck is worth 4500) payments were 130.00 so I could afford it.
The day I added the C+C They stated it would not be effective until July 7th Because they have a process to follow to make sure No one can do any false claims. Ok no problem
On Friday the 23rd I left my truck in the front of my neighborhood because I ran out of gas , I walked home with my child 9-9:30 pm.
Saturday My dad happens to come by and sees my truck parked and smashed up , He comes to my house 3 min away and asked what happend I told him I ran out of gas. He said well ….. Looks to me you got into a bit of a accident, Not knowing what he is talking about , We are already to the truck. I see the damage , Someone smashed into my truck BAD! No one lives near where it was parked and the roads are all dirt/mud/dust/rocks/Potholes, So I know some truck or car came around the corner From the main road and was not expecting to see a truck there and hit it.
My dad had gas in his car put so e in mine enough to get home, made sure it was drive able And I went home and called Progressive. There was no witnesses , No houses even near where It was parked There was no damage to any property except my truck. I had a Letter in the dash with my hazards on all night stating I would be back Please do not tow.
I had no reason to call police This happend between 9pm on Friday night -1:30 Saturday afternoon.
They did a 33 day investigation Asked me for pictures of the truck (After 7/7 before the accident) ( I do not think it is my responsibility to do so and No one takes pictures of there vehicle on a daily basis For there insurance company.)
I would assume they would of came out to me that week They said I had to wait a 7 day grace period) When I got the policy to begin with and at the time I had thought it would be a smarter decision to put C+C on it.
So I did days of research threw pictures and The ones I sent were not good enough and did not have the date they needed. They also refused because I told them it was raining off and on that month which leaves our roads nasty They said in did not rain.
They asked me for cell phone records I provided them.
I also provided them with my father’s whom took a sworn statement that this happened just as I had told them
They had called and harassed my neighbors whom I do not even know of Asking them , I even had one of them whom I found out was released from 20 years prison for child molestation Showed up at my door asking me why I have people calling him about my problems!!!!!
So all in all I was supposed to pay 100 deductible I had the truck and insurance from May 16th upgraded on the 2nd Had the 7 day grace period for any type of false claims My C+C was from July 2nd/7th Accident was on July 23rd Today is Aug 23rd and up until today I have gave then everything I possibly could To show them, Prove them That No matter what if I don’t have a picture of my truck on the date they want it , They will not cover my truck.
I feel no matter what the situation is or was Progressive should follow threw with there word when they say we will cover you threw anything after 12:01You have the best coverage ! Accidents happen Noone is ever prepared for them But I gave them everything They asked for but nothing was good enough.

I do not know what to do I canceled my C+C stuck with them Because they are charging me the full price of when I had the coverage Even though They charged me they didn’t cover me and they still want to charge me.

I received this truck from a death of a loved one Who maintained this truck, Like it was a million dollar car.
Now this accident happened when I was not near it or had anything to do with it And now I have to drive my children around in a truck that I wanted to make sure stayed well taken care of.
Please lead me in the right direction I have no idea what to do.
Isn’t it there responsibility to check the vehicle before anything?
They did not send out a adjuster to my home until 8/10 and finally 34 days of investigation to hear no But your still going to pay 220.00 for your C+C coverages in 3 days .So they say that they have no proof that the accident happened on that day and are denying my claim.

Here is a some up of the dates
Got truck and basic insurance 5/16
Got the Comp+ Coll 7/2 (7dayperiod)
7/8 C+C Was On
7/22 Fri night or 7/23 Sat morning Accident I called it in
7/28 (Finally Several days later) Special Investigations unit called me to go over what happend and asked me for Call logs and any photos of truck after 7/7 before accident
7/29 I send her back pics and sign call logs release form
7/30 Received email from Claims adjuster Ryan Scott Investigation has been completed, We would like to get vehicle setup for repairs.
(Emails get exchanged about how the process of it being fixed works)
8/10 Adjuster shows up at my house to do estimate
8/23 Claim denied
So they have no proof that the accident happened on that day and are denying my claim.

I printed out all documents and emails ,
I know I have rights that are being taken advantage of and I know Progressive is not taking responsibility for there part.

Sincerely,
Nicole C. Davis
August 24th, 2016 at 6:54 pm #Jason

Nicole,
Your insurance company knows a lot more information about your claim than I do. Insurance companies don’t deny claims without a solid reason or reasons to do so. I have no reason to believe their decision is not accurate.

I would like to know where the damage occurred on the truck and what tracks, or any indication of another vehicle where at the location you indicate the accident happened.
August 29th, 2016 at 1:49 pm #Hailey

Hey there,
I was hit by a driver that fell asleep at the wheel. He gave me his information on the side of the road and his insurance company couldn’t get a hold of him for a month to open a claim, then he went missing again. How long does his insurance company have to wait after they sent 2 letters out to him to try to contact him?? I opened my claim 72 days ago. I feel that this has gone on too long, but they tell me they need to contact him first to get the liability issue sorted out. Any one have documentation or know when his insurance company just has to call it quits on him?

thanks for your info
August 29th, 2016 at 5:08 pm #Jason

Hailey,
Generally an insurance company will try to resolve a matter as you’ve described within 30-45 days. If they can’t reach their insured, they have to make a decision with the information they have on hand.

If you have collision coverage, you should make a claim with your insurance company.
August 30th, 2016 at 1:49 pm #Alexis

Hey there,
On December 2015 I was involved in a car accident. I rear ended a pick up that came to a sudden stop right after a green light. The lady got out and came to see if I was okay. She claimed a red car switched lanes and she had to stop, but the other car took off. She said it had been a green car . Her pick up had nothing more than a slight fender bender. We settled that I would pay her $500 to cover the deductible since she denied my request to fix her bumber with an independent auto shop. She said she’d cover the rest just to get her the 500 in a week. A week passed and when I tried contacting her, she wouldn’t pick up. I tried several times more the following weeks and still no answer. A few months later , the lady called asking for her money. She clammed she had moved towns about 3 4 hours away. We didn’t hesitate and sent her the money, after all we had agreed on that. She sent us a letter stating she was grateful for the money being sent and everything was good. BUT today, I received a call from an insurance saying I have to pay them over $7000 dollars claiming medical expenses. I was in complete shock! This came out of no where , with no notice , nothing from the lady. There was no physical damage at the time of the accident or anything like that. I am a college student and a sudden $7000 charge is an insane thing , is there anything I can do. Any response would be greatly appreciated
August 30th, 2016 at 7:02 pm #Jason

Alexis,
Turn this claim over to your insurance company. Let them figure it out.
August 31st, 2016 at 6:27 am #Alexis

Can I do anything if I was uninsured at the time of the accident ? I mean we had come to a settlement, and this charge came from no where. I was not notified of any of this till yesterday. At the time of the accident there was no injury to anyone, it was a small fender bender. How legal is this or is there much I could do?
August 31st, 2016 at 7:09 pm #Jason

Alexis,
If you are uninsured when your accident occurred, what do you expect any insurance company, who doesn’t insure you to do? Insurance is a contract between you and the insurance company.
September 5th, 2016 at 2:28 pm #leeann

hello. Last year in august(2015) I purchased a brand new 2016 subaru legacy. this past july I had an accident with the car, I have still not received my car back from being fixed. It was to be fixed by august 12th, 3 days prior to this they called and said it was going for an alignment and getting detailed and it would be done the next day. I then called to see what was going on and they said they did not know, it was making rattling and rumbling and shaking when put into drive and given gas. after a week and a half and a transfer to the subaru garage they diagnosed with bent transmission mount. they also ended up having to replace the passenger window motor and control because they replaced wiring and could not get it to reprogram. then 3 weeks later, I go to pick up my car, I drove it about 10miles and noticed a shaking/rumbling type noise on right turns. took it back to the garage and after a week they finally decided it was a wheel bearing. I bought a new car, and now I feel like I am getting back a piece of shit that could break at any time because I do not feel like they went about fixing the right way. What can I do before picking it up?
September 5th, 2016 at 4:23 pm #Jason

leeann,
Your issues have nothing to do with insurance. You’re concerned about the repair quality of your car and that is between you and the repair facility.
September 10th, 2016 at 5:36 am #Candace

I was rear ended so hard that my 2006 Kia Sportage flipped up. started spinning, rolling until it landed upside down. I suffered a severe concussion, left ankle was broke, severe neck tightness which i still suffer from, cracked right wrist, and short term memory loss. The driver that hit me told the police she was texting, bluetoothing, eating and fixing her makeup. Later on I found out that is was my ex boysfriends mom who is drug attic. Even though she was not tested I informed my lawyer. Due to the short term loss and my injuries I had to drop 3 college classes which caused my financial aid to go down and me having to pay almost $3000 out of my pocket that I had to borrow from my father. How much will my injury settlement be?
September 10th, 2016 at 5:37 am #Candace

I was rear ended so hard that my 2006 Kia Sportage flipped up. started spinning, rolling until it landed upside down. I suffered a severe concussion, left ankle was broke, severe neck tightness which i still suffer from, cracked right wrist, and short term memory loss. The driver that hit me told the police she was texting, bluetoothing, eating and fixing her makeup. Later on I found out that is was my ex boyfriend’s mom who is drug attic. Even though she was not tested I informed my lawyer. Due to the short term loss and my injuries I had to drop 3 college classes which caused my financial aid to go down and me having to pay almost $3000 out of my pocket that I had to borrow from my father. How much will my injury settlement be?
September 10th, 2016 at 6:00 am #Jason

Candace,
I have no idea how much your settlement might be. Since you have an attorney, you should ask your attorney that question.
September 13th, 2016 at 1:33 pm #Michael

I was contacted by insurance company last Sept asking me about an accident I had supposedly been in in Texas. I live in Colorado and had not been in Texas – I explained this to the insurance company and my company told the other insurance company that it was not me involved and someone gave false information. Now a year later I am getting letters from a collection agency trying to collect over $2000 from me for this accident I DID NOT HAVE! The insurance company refuses to do anything or remove me – and the collection agency wants vehicle history reports. I am not working and can’t afford to pay for reports. Why is this burden on me??
September 13th, 2016 at 6:31 pm #Jason

Michael,
Your concern seems to involve collections for a debt. Although the original creditor seems to be an insurance company, your concern is not insurance related. This site is dedicated to insurance questions only.
September 22nd, 2016 at 12:45 pm #Renee

Snow fell off the roof of our house onto the hood of our truck and damaged the hood. The insurance company is calling this an “at-fault” accident against our insurance. Is this correct?
September 22nd, 2016 at 6:39 pm #Brandon

I live in Ohio and have a lienholder on my car loan which I currently have 11,000 still owed. About sic months ago I changed my plan yo liability not knowing I had to have full coverage, and the insurance company allowed that. I hit a deer totaling my car and the insurance company says they are not responsible. They failed to tell me that I needed full coverage and also failed to notify my lienholder about the policy change. Are they liable to honor the original policy since they never notified my bank about the change?
September 22nd, 2016 at 6:42 pm #Jason

Renee,
If you let snow fall from the roof of your home and it damages your vehicle, of course it is your fault. At fault is appropriate. If you don’t want damage to occur to vehicles, don’t let the vehicles park near any snow that will fall off your roof, or safely remove the snow from your roof so it won’t damage any property.
September 22nd, 2016 at 7:01 pm #Jason

Brandon,
Your insurance coverage is an agreement between you and your insurance company only.

Your loan is an agreement between you and your loan provider only.

You have to realize that between the two above mentioned agreements, the insurance company and the loan provider aren’t in either of the agreements involving you and the other party.

The common denominator between your loan and your insurance is you. If you cancel full coverage, that is something you can do. You save the money you otherwise spend in premium, but you risk losing insurance coverage if you don’t carry it.

Is your insurance company responsible to tell your loan provider on you? No, that is not their business to be your mother or care taker.

Your insurance company doesn’t require that you have full coverage. You can have any amount of insurance, even none, if that is what you choose.

Did they notify your loan provider that you no longer carry full coverage? Probably, but they aren’t responsible for your actions or decisions – only you are.

The only person you need to hold accountable for not having full coverage on a vehicle with a lien holder is yourself.
September 26th, 2016 at 1:49 pm #David

Hello, I am needing some advise concerning an accident where someone backed into my car in a parking lot. My concern is the car was basically brand new. It had less than 400 miles on it and it was less than two weeks old.

I feel the vehicle should be paid off in full so that I can repurchase a brand new car. I don’t feel I should have to settle for a repaired vehicle that I basically just drove off the lot.

Do I have any recourse to demand that the vehicle be replaced with another brand new vehicle? Can I demand this vehicle be paid off in full and they assume ownership and the insurance company assumes the loss and depreciation?
September 26th, 2016 at 1:53 pm #David

Hello, I am needing some advise concerning an accident where someone backed into my car in a parking lot. My concern is the car was basically brand new. It had less than 400 miles on it and it was less than two weeks old.

I feel the vehicle should be paid off in full so that I can repurchase a brand new car. I don’t feel I should have to settle for a repaired vehicle that I basically just drove off the lot.

Do I have any recourse to demand that the vehicle be replaced with another brand new vehicle? Can I demand this vehicle be paid off in full and they assume ownership and the insurance company assumes the loss and depreciation? I don’t feel I should have to settle for less than a new vehicle!
September 26th, 2016 at 6:06 pm #Jason

David,
It really wouldn’t be fair if you got a brand new vehicle to replace the 2 week old one that has less than 400 miles on it. But, hey things aren’t always fair.

What you are suggesting is that they total out your car based on a minor parking lot accident. No insurance company would do that. You could ask them if they would but you should be prepared for their answer.
September 29th, 2016 at 1:07 am #Jane Barrett

I was in an accident last year. My car sustained some damage and was towed to an Auto Body shop. Finances were very thin due to job loss and illness. We were unable to pay the deductible on the car and we missed two payments as well. The lien holder paid for the repairs and sold the car for half what we had financed. So I have a judgement against but not a lien holder

My insurance company keeps sending me a check, one year later for $2,500 made out the the auto body shop and myself. I have asked the insurance company to make check payable to me as I owe nothing to the auto body shop and I no longer have a lienholder.

Am I entitled to this money so I can pay on the judgement?
September 29th, 2016 at 3:41 am #Jason

Jane,
Ask that the insurance make the check out to you and the prior lien holder. The prior lien holder is the company who has the judgment so it will all work out in the end since your goal is to pay the judgment.
September 29th, 2016 at 4:51 pm #Syd

Hi,
My 2016 car was hit while it was parked and the lovely individual did not leave a note. So obviously I have to pay the deductible to get it repaired. I filed my first claim in ten years with my insurance company, Progressive. When I was deciding to take it to the shop my dealer recommended or letting them handle the repairs, they stated that they had a minimum number of hours the car has to be worked on each day. This appealed to me because I run a cleaning business and my car is essential to me. I am not covered for rental costs, and renting an SUV (which I need for all my equipment) is $42 a day. Based on the original estimate, they said one to two days for the repairs. Today they called me and said they found additional damage and now it was going to be another eight days. This is far beyond what I was expecting, and now this person hitting me is going to cost me over a grand. My question is, however, isn’t it a little suspect that it took two days to discover this? The damage was to my right rear panel and the bumper. Do you have any idea how long it takes to tear down a car for this kind of damage? It matters to me if I paid for a rental car yesterday and my car was just sitting there when they promised me it would be worked on every day.
September 29th, 2016 at 5:06 pm #Jason

Syd,
I focus on answering insurance questions on this site, not body shop repair questions.

With your insurance, it worked as it should. You had covered damage and your insurance paid for that damage.
September 29th, 2016 at 5:59 pm #Syd

My insurance company is the one that promised me the car would be worked on every day, which is why I asked. It doesn’t seem like that is true.
September 29th, 2016 at 6:17 pm #Jason

Syd,
Your car was worked on everyday. They found additional damage, which opens another can of worms and has to be dealt with.

Progressive isn’t repairing your car, a body shop is. Progressive can’t promise what independently owned body shops do. You have to ask yourself if you would have been in a better position taking it to another body shop and it’s likely the same situation would have come up.
September 30th, 2016 at 11:32 am #Shannon

I proceeded up a parking garage ramp from the street after making sure the “car coming” light was not blinking. I was moving up the ramp leading to the second floor and nearing the top, when another car appeared. It was approaching the top of the ramp to come down. I stopped to wait for it to back up. But it continued to move forward. I honked and it hit me within a couple of seconds.
The car backed up and I pulled up over the top of the ramp and we moved both cars away from the traffic flow. We exchanged information. The driver said she couldn’t see me over the dash of her car. (Though I later drove her route and found that I could see not only to the level of another car, but the pavement that the car was on.) We had the police make a report.
Apparently the garage’s warning light that blinks if a car is coming was not working. So it wasn’t flashing at the bottom of the ramp. The other driver, said it wasn’t flashing on her end either. She also didn’t see me in the rounded mirror that should have shown my approach. I also always have my headlights on for greater visibility.
A couple of very kind gentlemen were there and pointed out that the sensor was broken and hanging from the wall. One also advised me not to drive the car as it may cause further damage.
Long story short (too late), the insurance company said the next day that she hadn’t called them yet. A few days later they said they were having trouble reaching her. It’s been a week and I’ve had to rent a car with my own funds and though they’ve called to get my account of the accident, they still haven’t called me to arrange a settlement. My insurance agent has offered to represent me. But she says she hasn’t gotten word from them either.
I don’t know how to proceed. The car is still sitting there, having leaked all its coolant and is deemed not drive-able. The building management is asking when I’ll move it. The rental is costing me a fortune and I don’t know if I need to be looking for a new car or for a repairman to get estimates on fixing this one. Anyone have any guidance for me?
September 30th, 2016 at 3:30 pm #Jason

Shannon,
Your car is damaged. If you have collision coverage for your car, make a claim with your insurance company. If you have rental coverage, great – use it. If you don’t have rental coverage, the rental car expense, at this time, is out of your pocket.

Don’t rely on other people’s insurance to take care of damage to your property.

You need to be taking a proactive approach to your damage. Get the car to a repair facility and find out the cost of repair. Determine if the ACV valuation of the car is significantly more than the cost of repair. If the ACV is significantly more, plan on getting the car fixed.

The car is your property and you need to determine what is going to happen with it. Don’t rely on insurance so much, whether it is your insurance or the insurance of somebody else.

Regarding your agent, she doesn’t represent you, and won’t no matter what. If you have collision damage coverage through your agent, make a claim through your insurance company so they can address your claim before more time passes.
October 5th, 2016 at 12:05 am #Sarah

I have a question about total loss appraisals.

I live in Indiana, and my motorcycle was backed over by a driver in front of me at a stop sign on Sept 9th. Fault has been established, the driver at fault’s insurance company sent an appraiser on the 26th, and I just got the report Oct 4th. This is for the ACV, as they’ve deemed my motorcycle a total loss.

So here’s my dilemma: The report I got from the insurance adjustor yesterday is not from the appraiser, or even the company he works for, that came out on the 26th. In fact, there is no information identifying who wrote it at all, just ‘ADA of Indiana’, (and there is no such company) with the insurance company’s address (in MN)

I called the company that the appraiser works for, they said their company name, appraiser’s name, and company address should be in this field. (and is on the report he wrote, they pulled it up while I was on the phone with them) They couldn’t verify anything else for me, because their contract is with the insurance company, not me, but they strongly suggested that the information in the report I was given does not match the real appraisal.

I believe the ‘real’ appraisal is a higher value than the ‘fake’ appraisal I got yesterday. After talking with the appraiser as long as I did while we looked at my motorcycle, I doubt I would even disagree with his valuation. I had found 6 similar motorcycles for sale I gave him for comps, and gave him a stack of receipts for the parts we used in restoring this motorcycle. There was only one comp in the ‘fake’ appraisal, in NY, not similar at all and not one of the 6 I found. The total amount of the receipts is wrong in the ‘fake’ appraisal, as well as other information that devalues my motorcycle.

From what I understand reading Indiana salvage law, ACV is found by NADA ‘average trade in value’, or ‘vehicle valuations determined by CCC Information Services, Inc. (CCC), or valuations determined by such other authorities as are approved by the bureau’.

NADA only lists retail for my motorcycle, probably because of it’s age. So, NADA doesn’t apply.

Any suggestions about what I should do? Is there any way I can compel them to supply me with, and go by the value in the ‘real’ appraisal?

And can the insurance company legally hire an appraisal and then basically throw it out and fake one from his report? This sounds like fraud to me…
October 5th, 2016 at 5:52 pm #Jason

Sarah,
I have no suggestions other than the fact that your claim will not be settled until both you and the insurance company agree on the settlement of your loss.

The ACV of your cycle is the amount a willing buyer would have paid you for the cycle before it was damaged.

The insurance company can rely on any information, or disregard any information, they consider appropriate in their attempt to settle a claim.
October 10th, 2016 at 2:43 pm #mike m

Hi..I’m hoping you can help me. I have a 1996 Ford aerostar xlt passenger extended minivan.It has 163,200 miles on it.it is in good condition but not perfect condition.I was in an auto accident which wasn’t my fault and the insurance company from the other driver are taking full responsibility for the accident.the adjuster on their side took a look at the vehicle and appraised it at what I feel is not the best price I feel they could have given me at least 500.00 more not including taxes or fees.they priced it at $2,200.I was told that if I wanted to get more for the vehicle I would have to look around in my area.I have not found any vehicle in my area or even within hundreds of miles from where i live for the same type of vehicle to compare to.this is what my worry is,that I use a wheelchair and that wheelchair is very important to me I need to use that wheelchair when I’m out.but for what they’re offering I will never be able to replace it With that amount of money.I feel since this accident I I have only lost money and a car that Is now totaled .I forgot to mention but the $2,200 was with taxes and fees included. I am unable to use my wheelchair in a lot of vehicles due the size and how I was able to put it in and take it out of my vehicle by myself.
Any help would sure be appreciated.I was also told that I couldn’t use any Kelly blue book value even though I am unable to find this car any where near me.how am I supposed to replace it if there isn’t any vehicle near me like my car.I feel like I’m on an impossible mission. please help! Thanks ,mike…..
October 10th, 2016 at 8:02 pm #Jason

Mike,
Your claim isn’t settled until you accept what they offer. If you want $500 more, justify that amount and ask that they pay it.
October 13th, 2016 at 2:37 pm #Suzanne

My son was involved in a no fault auto accident. He has liability only that covers repair of other car and bodily injury. He owns his car upfront – hence the liability. He was driving his girlfriend into work at 4 am on a 3 lane interstate. He ran head on into a vehicle that was stalled in the far right lane on the bridge (no place to get off road) – sadly the drivers of the car did not put on their hazards (young kids) and abandoned the car to walk for gas. Thankfully no one was hurt but because it was dark and unable to see the car until it was too late (driving speed limit of 65 mph) my son hit the vehicle and totaled both cars. He did not receive a ticket but is now without a car. Is there anyway he is able to show neglect in the other driver for not cautioning the drivers on the road that his car was stalled? Thank you for your time.
October 13th, 2016 at 6:36 pm #Jason

Suzanne,
No. Your son is negligent for hitting any object whether it is on the road or not. A person cannot simply hit things with their car without being negligent.

The owner of the other car, however, will be able to easily show that your son was negligent by hitting his car. Your son’s insurance will address that concern.

The accident is not a no fault accident, it is a 100% at fault accident for your son.
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October 19th, 2016 at 6:09 pm #Lety Smith

Hello,
I had nationwide insurance for my truck but decided to switch to progressive die to lower rates. I went ahead and sent my proof of insurance to nationwide so that they can go ahead and finish canceling the insurance. Now months later they send me a letter saying I owe up to $6,000 for two months of insurance. I have called many times and spoke to them, letting them know that I had sent the prrof of insurance. I even went ahead and send them all the proof that I had to verify that the proof was sent on time and that those two months I do not owe. They claim they never received the proof of insurance and I do not know what to do. I do not have $6,000 to pay for insurance that I made sure to send proof of insurance to. Is there any steps I can take to help with this.

Thank you!
October 19th, 2016 at 6:36 pm #Jason

Lety,
I don’t understand your situation. If you cancelled your nationwide insurance, why would they be billing you for 2 months?

Neither nationwide, nor any insurance company needs your proof of insurance from another company to cancel your coverage with them. They simply need notice from you to cancel the insurance. I don’t know what went wrong with your situation.
October 20th, 2016 at 5:47 pm #Josh d anderson

I paid a deposit 800 dollars i got from my insurance company to get my top repaired on my car and two months later the work has not been completed. I need to know if i decided to get my car back from this company will i loose my deposit
October 23rd, 2016 at 2:07 am #jay

i was test driving a car i was considering buying i drove car about a quarter mile from where i left my truck in which i had current insurance on..i get pulled over an ticketed for speeding an no insurance..am i covered ?? arizona
October 23rd, 2016 at 6:20 am #Jason

jay,
If you purchased the car, your current policy would extend coverage from your owned vehicle insurance to the newly acquired vehicle for up to 14 days based on a typical automobile insurance policy.

If there was no liability insurance on the car, you didn’t own the car, and you were driving it, the car is technically not insured.

However, if you are permissively and temporarily driving an uninsured car and you have insurance on your own vehicle, you technically are covered for your liability. There still is no coverage for the test driven car. Generally insurance follows the vehicle, but if the vehicle isn’t insured, the insurance follows you, the driver.

The following personal auto policy language supports the paragraph immediately above:

J. “Your covered auto” means:
1. Any vehicle shown in the Declarations.
2. A “newly acquired auto”.
3. Any “trailer” you own.
4. Any auto or “trailer” you do not own while used
as a temporary substitute for any other vehicle
described in this definition which is out of nor-
mal use because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. Loss; or
e. Destruction

The “servicing” part of the above policy language seems to be what you are doing when you are test driving another vehicle for purchase consideration.
October 27th, 2016 at 8:06 pm #Jen

Hi I’m In Ohio and was in an at fault accident. When I called to report having full coverage I was told to send the car to a body shop. I chose three c which is not a contracted provider which meant an adjuster would be looking at the car through usaa. I was told by body shop to sign agreement and did so about 2 hours before finding out my vehicle was deemed a loss. How do I prevent the body shop from charging anything and if they do who will be responsible. I doubt they had a chance to check it being 2 hours until close but I don’t want to pay the projected 2200 dollars they charge to store and deem a loss. Should I get it towed home asap or how do I get the contract dismissed and just get my vehicle home to avoid storage and fees. Will I be responsible for their charges since the adjuster deemed it a loss. The insurance company told me to send it to a shop but with the check they offered it will be a big chunk of wasted money to pay for a already settled claim????? Any advice please I need a vehicle asap and can’t afford to pay unnecessary fees. Thanks
October 28th, 2016 at 6:15 pm #Jason

Jen,
Talk to both your insurance company and the body shop. They will probably have guidelines in place for you to follow in regard to your total loss. Your insurance company won’t purposely expose you to unnecessary fees so don’t worry about your situation too much.
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November 9th, 2016 at 1:28 pm #Marisa Anderson

Hi,

On October 2nd of 2016 I was hit by another driver and she barely clipped my rear bumper. I was just coming off the highway on to a country road and there’s an intersection that is uncontrolled there’s no yield signs and no stop signs when I approached the intersection I braked to check see if anyone was coming I didn’t see anybody. As I was almost through the intersection I thought I hit a pothole when my passenger James said wow and I spun out and blew my front passenger tire and when I turned around I saw another car in the middle of the road, it was the car that had hit me. The passenger of the other car got out and said “we saw you come in through the trees I don’t know why she didn’t slow down” speaking of the driver that was driving the car he was in and she hit me with such an impact that it caused the passenger side of my vehicle to concave and it shifted the frame of my car and I can’t close my trunk now my trunk doesn’t latch. She was clearly speeding and she did not look to see if there is anybody coming she didn’t even have time to slow down and her insurance company only wants to pay 30% of the damages to my vehicle. Now at the time of the accident my insurance has lapsed and I didn’t get paid till the following day to renew my insurance so there was like a nine-day time. That I did not have insurance and the second happens to be in that 9 day. Because I didn’t get paid till the 3rd so it was just her insurance company that I have to you know make it right. Well after about 3 weeks they finally sent an adjuster out to take pictures of my vehicle and it was deemed a total loss and they still want to pay 30%. Now I called the director of the county roads at the Public Works building here in Spokane County in Washington I live in Spokane County and he brought up on his Google Maps that specific intersection and he indeed said I had the right of way because she came at me on my side she was to my left and her insurance company is saying she was on the main road she was not on a main road she was on a back-road the road I was on comes off directly from the highway from Highway 2. I received the check yesterday and I don’t want to cash it because the check was only for $910 and the value of my car that they deemed a total loss is $3,036 and I need to know what can I do without getting an attorney to make them pay me what they owe me. My car is not drivable I’m without a car I’ve lost time at work my days have been cut because I work 28 miles away from where I live and I need to have a vehicle to get to and from work and I need to do something as soon as possible to get back on the road so I can start making some money again what should I do. Thank you,
Marisa
November 9th, 2016 at 7:21 pm #Jason

Marisa,
Their offer is $910. Based on what you explained, that is accurate. Her insurance is willing to pay you 30% based on the accident in which you have no insurance.

In the pure comparative negligence state in which your accident happened, you will be liable for 70% of the other party’s damage and injuries.
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November 16th, 2016 at 4:34 am #Carol

My husband and I were just involved in an accident with both of our cars. We were driving home when the traffic stopped abrupt and I hit my brakes to avoid the car in front of me, my husband didn’t make the stop and hit me. His truck was fully covered and my old 1994 was covered under liability only. The insurance company would cover my car because it was my husband that hit me. I hit no one. We have separate policies for each car and pay more for each driver shouldn’t the car, that hit me cover my damage?
Carol
November 17th, 2016 at 5:23 pm #Jason

Carol,
Your husband, who is a part of both you and he through your marriage, cannot be liable to you (you are part of him through marriage). One cannot be liable to themselves. If he struck your car, he isn’t liable to damage he did to your car because that car is also his car as much as it is your car through your entity you created by marriage.

So no, you/he cannot be liable for any damage he/you do to yourself/himself.
November 28th, 2016 at 1:01 pm #Erika

My car was in the garage, and I turned the engine off and got out of the car. My englisg bulldog jumped across the concil to exit the car and ran into the shifter, and it went into nuetral. My driveway is steep so the car rolled out of the garage, and across the street up the curb , and came to a stop when the car hit the neighbors tree, and the outside of there house. Would this be a comp, or collision claim ?

Thanks!
November 28th, 2016 at 8:28 pm #Jason

Erika,
It seems your car struck the neighbor’s tree and the neighbor’s house. Collision seems the only logical loss.
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December 7th, 2016 at 7:47 pm #kenny

Hi,Sir,

Im a UBER driver and was hit on my rear bumper passenger side, I took it to the choice of my auto body shop and gave me estimate and they took photagraphs and sent an estimate to the insurance company, the insurance company has given me the green signal to get the job done and the cheque has been posted to me. Now i find another autobody shop who given me quote for a lesser price my question is can I change mine auto repair shop and get the work done there, do i need to pay back the saved money back to the insurance company, Im not planning to take rental can i keep that money too. I think I may get loss of pay when the car is kept for repair, that time I say a different name of the shop will the insurance company find at what price I fixed the car and ask for the money I saved?
Thanks
December 8th, 2016 at 3:19 am #Jason

kenny,
Once you receive the money from an insurance company, you don’t have to return it. That includes even if you find savings, like you did, by using different parts or labor.
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January 3rd, 2017 at 12:22 pm #John Lee bass

Hi – I have been disputing with a major insurance company after a (very) minor crash, when I rear ended a car while we were “bumper-to-bumper” on a highway. Speed was not in excess of 8-10 mph by me or driver I impacted. Driver of car I impacted exited the car, said she was “fine”. We were both insured, exchanged information, but 6-7 months later after the “crash”, claimant made a claim against me stating she suffered “neck pain”, having, to take 2 weeks off work & required “pain medication”. Claimant had no damage to her car, stated to me and was of record, “I am fine”, and I was never informed that a claim/settlement was issued to the claimant against me (my auto insurance policy). I only discovered this “settlement” after I purchased another car a year after this “crash” because my policy increased to $800 more/year. I was never notified of this settlement and I have been disputing it (4 letters to the insurance company & California insurance commission) because there is no way of my knowing, or the insurance company knowing, that the claimant incurred ANY type of work-related injury, sports/recreational-related injury, fall, other car crash, etc AFTER our “crash” 6 months prior to her claim/settlement against me.

1.) Can an insurance company settle a claim 6 months after a (California) “crash”?; 2.) Is the insurance company required to notify me (California policyholder/resident) of such a settlement?

Thank you –
John Lee Bass
Santa Barbara, CA
January 3rd, 2017 at 5:14 pm #Erika Martin

My car was hit in a small accident in 2011. The at-fault insurance company paid for the quick repairs, no problem. Turn forward time to December of 2016 and I am trying to sell this car. Only to find out that MY insurer had declared a total loss on my vehicle in 2011 (without letting me know). I contacted them and they confirmed it was not supposed to be declared a total loss, it was done in error and wrote me a letter confirming this. However, when I ran my VIN, it still says I have a total loss on my title. How do I get that mistake by my insurance agency removed? Do they remove it? How long does this take? If it is not possible to remove it, can I ask the insurance agency to pay the heavily decreased value of my car, since it was their error?
January 3rd, 2017 at 6:10 pm #Jason

John,
1. Your insurance company can settle a claim against you in any manner they want and at any time they want.

2. Your insurance company has no obligation to tell you anything about a claim against you or their intention of settling it. The exception to this is if the expected liability loss will exceed your liability coverage limit – this exception doesn’t apply in your situation.
January 3rd, 2017 at 6:15 pm #Jason

Erika,
Your claim was settled in 2011. The concerns you have right now don’t involve an insurance claim – only a mistake that company says they made. I don’t know what you can do.
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January 8th, 2017 at 1:35 pm #John

Hello,
I have a 1995 Toyota 4-Runner SR5 that was in excellent condition, until it got rear-ended recently. 4-Runners of that era are very sought after and now considered classic. I looked hard and spent lots of time in order to find the cleanest 1994 4-Runner in the country. I traveled nearly 1,500 miles 2 years ago to purchase it from Corpus Christy (wanted a rust-free example) and drove it up to Illinois, where I reside. In the last 2 years I spent over $2500 in upgrades.
The other driver’s insurance has already claimed 100% responsibility and asked for an estimate to repair. I sent the shop estimate to the adjuster, which is over $5,000, but now she refuses to have the car repaired. She said my only choice is to accept her proposed settlement for $2500 and lose my truck, or take $2,000 and keep my damaged truck. Either way, with what she’s offering I’m stuck without a car: I can’t get it repaired with the $2,000 NOR can I replace it for $2,500. I’ve looked around again and I can’t find ANYTHING comparable and worthwhile for under $7,000.
I’m not against filing a court case on my own (no lawyers), but before I do, I’d like to know if there’s an Illinois law that I can use in my favor or if there’s a similar law that lets the insurer use only KBB value to settle my claim on an old car ($2500) instead of actual market value ($7000).
I look forward to your best advice.
Thank you.
January 8th, 2017 at 1:42 pm #John

I’d like to clarify what I said in my previous post. I meant to say that in order for me to purchase another 4-Runner 5-speed of the same year (or within 1-2 years) and in similar condition, I’ve found that I would have to spend at least $7,000. I have found several for sale in different parts of the south, but all start at least $7,000+.
January 8th, 2017 at 5:28 pm #Jason

John,
I consistently use nada (dot) com to determine a vehicles fair market value. With the input values of your vehicle on nada, I come up with a valuation of $4200 to $5300. Since I have not inspected your vehicle, I would assume your vehicle to be in that range. (Mileage is unknown)

If you don’t like the adjuster’s offer, you can file your claim with your own insurance company under your collision coverage since it would have been reasonable to insure it for collision damage if you thought it was valued at least to $7000.

If you file a small claims action, prepare to provide documentation to support your valuation more than the insurance company has offered.
January 8th, 2017 at 6:38 pm #John

Jason,
Thank You for your quick reply. Even at NADA’s low valuation you provided ($4200-5300), it is still much higher than the insult I received Friday from the other insurer’s claim adjuster. It was very difficult for me to refrain from giving her a few choice words, but I held back.

I hesitated to file with my own insurance (Allstate) due to having to pay for deductible, as I do have collision coverage, and Allstate’s record of low payouts. I figured I would have a better chance with the other insured’s claim, since the other driver caused the accident; I was hit from behind while fully stopped at a red light.

As far as documentation, I have plenty of evidence to support my fair-market-valuation of $7,000; and I have found several same-year, same-model vehicles for sale, but all are at or above $6,000. 4-Runners in excellent condition are getting harder and harder to find.

My original argument is that since the other driver’s insurance has already claimed full responsibility, they have the obligation to make me whole. Which would be to pay for the full amount of the estimate to repair my truck, plus the cost of a rental car while the truck is being repaired; or to provide enough funds in terms of a cash settlement to purchase a like-vehicle plus sales tax and registration costs. Am I correct in that statement? Or is there some law I’m not aware about, that limits the amount they have to pay, such as NADA or KBB value only, which will clearly not provide enough funds to either pay for the repair NOR replace the truck with one of similar condition.

Thanks in advance for your follow up response.
January 9th, 2017 at 4:49 pm #Jason

John,
The insurance company should pay the cost of repair or the market value of the vehicle. There are different way to determine the market value and there is not a certain way or standard applied when that needs to be determined.

If you have collision coverage, file a claim with your carrier. That way you can compare which option is better. If you use your insurance company, your insurance company will collect your deductible from the at-fault party and refund it to you. If your vehicle condition is good, average, excellent, that is what each insurance company should be using on the valuation report for your vehicle condition. The vehicle condition is very important when trying to achieve an accurate same-condition valuation. Make sure their valuation report uses the correct condition descriptor to your vehicle when they order that valuation report.

Lastly, check into allstate’s customer claim satisfaction because they do not carry a high ranking when it comes to satisfied customers. Consider finding a better insurance company, that will very likely have lower rates.
January 10th, 2017 at 5:22 am #Jacqueline VanEtten

ood Morning! Yesterday I found out that the repairs to my vehicle were completed and currently I am travelling so I called my insurance company and asked them to stop payment on the paper checks that are currently at my home, or so I thought. I was told the checks were shown as cashed. I did not cash the checks, but the collision center needs to be paid so I requested the checks be investigated and the funds sent directly to the collision center so when I return home I can pick up my vehicle. I thought the information being told to me was inaccurate, however I just found out that a family member of mine had deposited the checks into their checking account because I had previously planned on depositing them into my savings account to avoid the risk of losing the checks so I endorsed them. I don’t even understand how the bank cashed or deposited them without proper ID. Now I don’t know what to do because I need to pick up my car and I don’t want my sibling to get in any sort of trouble. How long would I have to pay the insurance company back the amount of the checks that were cashed? I am so worried and honestly about to have a nervous breakdown
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January 16th, 2017 at 10:08 am #Bill Miller

i own a classic automobile that i drive occasionally.
The manufacturer of this vehicle does not supply replacement parts for this vehicle and there are no used parts available.
The parts i am referring to are the head lights and the taillights.
If i were to become involved in a accident and these items were destroyed the vehicle couldn’t be repaired due to the non availability of these parts.
Therefore the vehicle would not be able to be driven in the state of Pennsylvania due to their inspection laws.

my question is , would this vehicle then be declared a total loss and then should i expect to be reimbursed for the average market value of the vehicle.
January 16th, 2017 at 4:50 pm #Jason

Bill,
The manufacturer previously provided replacement parts for the car. The free market absorbs those parts until, and even until after, they are no longer produced. The used cars of your unnamed car are still out there so there will nearly always be used parts available. For example, if your car became a parts car due to an accident or other situation, it’s parts would become used parts for another car of your make and model.

Your state’s inspection laws do not mandate original equipment parts. If you were able to replace a headlight or taillight with functioning headlights or taillights not originally designed for the car, but otherwise functional, you would continue to meet the safety guidelines of your state.

So no, don’t expect the vehicle to be declared a total loss and don’t expect to be reimbursed for anything other than replacement parts that may be damaged.
January 21st, 2017 at 7:12 am #Monique Davis

Hi,
I was in a flood back in 07/2015! I tried to trade my vehicle in but it’s coming up a total loss. My vehicle was not a total loss and was repaired by the insurance company. I called the company and they stated someone made a mistake and labeled my car a total loss. They sent me a email stating my car is not a total loss on letter head. I tried again to trade my car in with this letter and they informed me no one will ever take the car because it’s title is now branded by flood damage? The dealership informed me my vehicle should have been a total loss because the extensive damage. How do I fix this or is the insurance company responsible?
January 21st, 2017 at 7:29 am #Jason

Monique,
There are some things in life that can’t be undone. Getting a title branded with salvage is one of those things – even if done in error. There is no fixing it. Your insurance company may be responsible for the mistake, but they can’t do anything about it. They won’t do anything to assist you because they can’t undo it either.
January 22nd, 2017 at 8:33 am #Nichole

Hi I just recently got a new car in November of 2016with 29,000miles it’s a 2015 Sonata -my car was stolen in Jan 2017 I was warming up my car leaving the hair salon and had a passenger sitting in the car I was still in the building when I heard screams the car was spinning in circles in the parking lot with my passenger hanging out of the car and the door open the thief did get away with the car in the car was found 6 days later abandon by the police there is no outside damage but when the car was released from the police impound I used my roadside assistance to have the car towed to the dealership I purchased it from because the car wouldn’t crank the dealership has forever warranty that comes with every car and I also have full coverage insurance the dealership stated that my motor is blown it currently has about 32,000 miles will my insurance cover the cost of replacing my motor? any help will do thanks
January 22nd, 2017 at 8:46 am #Jason

Nicole,
The warranty from the dealership likely will not apply to the car for the theft. If the motor is ruined because of the theft, your insurance should cover that.
January 25th, 2017 at 2:05 pm #Shelly

I am in desperate need of some advice:

I hit a deer on December 14, 2016. I was driving a 2006 Jaguar S Type. The damage to my car was a dented fender, the hood was slightly buckled and there were some scratches and a dent on the passenger side door. I attempted to use State Farm’s Pocket Estimate to submit damage information to the insurance company as I was in a very rural area and there was not a preferred shop in my area. The pictures were rejected as the car is black and they said it was too difficult to assess the damage from the photos. I then made arrangements to have the vehicle towed to a local body shop. The body shop received the vehicle on January 2, 2017.

The body shop submitted an estimate to State Farm on January 5, 2017 and the decision was made to total the vehicle. I spoke to the insurance company that following week and was told that someone would be in touch to discuss next steps. I received a phone call on January 14, 2017 (a Saturday) and was asked what I wished to do with the vehicle. I asked at that time what the salvage value of the vehicle would be and was told that that information was not readily available because it was a weekend. The gentleman told me that someone would contact me the following week to complete the process. I was finally advised of the salvage value of my vehicle on January 18 and was shocked to find that said value was very low (less than $500). I told the State Farm representative at that time that I would like to retain ownership of the vehicle and was advised that the salvage value would be deducted from my final settlement. I then proceeded to contact the Body Shop to arrange to pick up the vehicle. Much to my shock and surprise, I learned that the vehicle had been picked up as salvage by Insurance Auto Auctions, a State Farm Vendor, two days before. I immediately contacted State Farm who then immediately contacted Insurance Auto Auctions and had the car returned to me. I received delivery of the car on January 19. The car was returned to me in complete disrepair. It was missing the entire front bumper, grill, the undercarriage directly beneath the bumper and the headlight apparatus. My car, which was completely drivable with some dents and scratches when it was towed away, was returned to me a complete wreck.

Sorry for the long winded email, but my question is this: WHO IS RESPONSIBLE? I want my car back to the condition it was when released to the body shop, but no one wants to accept responsibility. I would sincerely appreciate any and all advice you could offer. The accident happened in New Mexico and the car was insured in Oklahoma.

Best regards,

ShellyI am in desperate need of some advice:

I hit a deer on December 14, 2016. I was driving a 2006 Jaguar S Type. The damage to my car was a dented fender, the hood was slightly buckled and there were some scratches and a dent on the passenger side door. (photo attached) I attempted to use State Farm’s Pocket Estimate to submit damage information to the insurance company as I was in a very rural area and there was not a preferred shop in my area. The pictures were rejected as the car is black and they said it was too difficult to assess the damage from the photos. I then made arrangements to have the vehicle towed to a local body shop. The body shop received the vehicle on January 2, 2017.

The body shop submitted an estimate to State Farm on January 5, 2017 and the decision was made to total the vehicle. I spoke to the insurance company that following week and was told that someone would be in touch to discuss next steps. I received a phone call on January 14, 2017 (a Saturday) and was asked what I wished to do with the vehicle. I asked at that time what the salvage value of the vehicle would be and was told that that information was not readily available because it was a weekend. The gentleman told me that someone would contact me the following week to complete the process. I was finally advised of the salvage value of my vehicle on January 18 and was shocked to find that said value was very low (less than $500). I told the State Farm representative at that time that I would like to retain ownership of the vehicle and was advised that the salvage value would be deducted from my final settlement. I then proceeded to contact the Body Shop to arrange to pick up the vehicle. Much to my shock and surprise, I learned that the vehicle had been picked up as salvage by Insurance Auto Auctions, a State Farm Vendor, two days before. I immediately contacted State Farm who then immediately contacted Insurance Auto Auctions and had the car returned to me. I received delivery of the car on January 19. The car was returned to me in complete disrepair. It was missing the entire front bumper, grill, the undercarriage directly beneath the bumper and the headlight apparatus. My car, which was completely drivable with some dents and scratches when it was towed away, was returned to me a complete wreck. (Please see second photo)

Sorry for the long winded email, but my question is this: WHO IS RESPONSIBLE? I want my car back to the condition it was when released to the body shop, but no one wants to accept responsibility. I would sincerely appreciate any and all advice you could offer. The accident happened in New Mexico and the car was insured in Oklahoma.

Best regards,

Shelly
January 25th, 2017 at 5:02 pm #Jason

Shelly,
I don’t know. I imagine your insurance company gave directive to the salvage company to pick up the vehicle. At nearly the same time, someone had to give the shop authorization to release the vehicle to salvage company.

If the salvage company did everything they were instructed to do, they don’t appear to have done anything wrong. The repair shop released the car and didn’t do anything wrong.

It seems your insurance company got ahead of themselves and gave authorization relating to your car when they didn’t have that authority as the rightful owner since ownership never transferred to them. If I had to pick a party, I would pick your insurance company as the ones that caused the situation with your car. Speak to a claim manager. If you don’t get anywhere with the insurance manager you may have to make another claim for theft of items from your car.
January 27th, 2017 at 2:25 pm #Stephen

I was parked on the side of the road and was someone hit and ran my parked car. (suspect caught the next day.) My truck is a bit older and had some rust damage to the box of the truck. Now they are telling me that it will cause me $450 to fix the inner wheel well, or because they can’t attach the fender with out. My question is how can something that was not broken before the accident not be covered by the accident? Is there any way i can fight this?
January 27th, 2017 at 5:38 pm #Jason

Stephen,
Your rust is not part of the accident. In order to fix it correctly, the rust, which was there prior to the accident, needs to be fixed first. If you don’t want to pay for your part of the repair, simply ask for them to pay you the damage they caused to your vehicle.
February 8th, 2017 at 1:01 pm #Brittany

Hi,

About two months ago I got a new car and called the insurance company to take my old car off the policy and add the new one on. When I called I was in a rush and needed to get back to work. The representative asked me if I wanted the same coverage and I stated yes. She then gave me the wrong info about my policy (stating that my deductibles were lower than they actually were) and I didn’t have the policy in front of me so I said yes, whatever it was before. My rate obviously went up and I asked her why and she said that she didn’t know. I am now figuring out why they raised after I looked at the documents they sent me a while back (now I know to be more diligent about this).

I called, they reviewed the previous call I had and said because I agreed to the deductibles that they couldn’t back date it or give me a refund. What can I do? I find that it’s pretty shady that they give me wrong info and then I am getting penalized for that.

Thanks in advance, any advice will be super helpful!
February 8th, 2017 at 1:58 pm #Jason

Brittany,
You were rushed, you didn’t have the information of your coverage for reference, and the agent gave you unverified information. Your coverage based on that confused and rushed time is what you got. Even if you didn’t want the coverage you were in a rush to change, that is the coverage you got and used.

Spend more time reviewing, understanding, and comprehending your insurance coverage. You are not being penalized for carelessly buying something – it should be considered a learning experience.
February 21st, 2017 at 8:39 am #Charles

My car was parked in front of my house. It was hit early in the morning then hit again the same evening. Both motorists were insured. The first motorist stayed at the scene, the second motorist ran from the vehicle. Both cars as well as my car were insured. How do I proceed since both cars did heavy damage to my car?
February 21st, 2017 at 8:46 am #Jason

Charles,
Submit a claim (or claims) with your insurance company and let them work out the details. From the known other person’s insurance company, you may receive one of your deductibles back. Wait for your insurance company to collect it and they will then send it to you. Getting your deductible back is dependent upon which state these accidents occurred.
February 23rd, 2017 at 11:30 am #Eden

I have been having an issue with my lienholder insurance agent he does not answer any of my calls and I call throughout the day everyday I’ve only received one call back from him since I’ve been dealing with him for a month I always leave messages and never receive callbacks he slacks the whole process prolonging every part everyone else has done their part any time I need any questions answered he never answers his phone or calls me back I feel as if he is prolonging the process I’ve already had to make a payment on my totaled vehicle after it’s been totaled for almost a month even though the check has been issued and he’s starting to process Gap but after a month of no phone calls he has let us know during an old phone call that we may have to pay another payment due to the long process is this right or is this bad insurance agent what can I do?
February 23rd, 2017 at 7:13 pm #Jason

Eden,
I don’t know what you mean by your lien-holder insurance agent. Are you having issues with your lender? I can’t tell. Be more specific with what you are talking about and re-post.
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March 14th, 2017 at 4:48 pm #Joyce

My car was totaled in an accident, in CA, have Progressive insurance full coverage. Chevy HHR 2010 WITH 96,000 miles. It was daughters car and due to high interest rate still owed $7000 we bought in 2014 . progressive said worth $6000 did internet searches ads etc most were in 8-10,000 range, sent info to Progressive Signed car over to insurance Jan 10th , they paid lien holder $7000 and me $450 salvage. Both say on insurance info Partial payment. Today 3/14 look up DMV record states me and daughter are registered owners still and Progressive legal owner and new title obtained in Feb . Why if they now have my car and own it does it still show me as registered owner? and if they say it was toptalled why are they still holding on to it?
March 14th, 2017 at 5:06 pm #Jason

Joyce,
I don’t know. You would have to inquire with your DMV while their records display what it displays.

Even a car that is totaled can have some value because of the parts that are on it that are not damaged. Your insurance company will sell the car at a wholesale auction and try to recover some of the $7450 they paid for the car’s total loss.
March 22nd, 2017 at 4:38 pm #Devin

I was rear ended in 2013′ my insurance company had my car moved to a salvage yard picked up with an Auto lift and crushed. My insurance company did not tell me about this until after they I they brought the car back and left, it was down so badly new gas tank suspension work extension on the drivetrain which is totaled the transmission I believe the exhaust and all four shocks every tire has worn unevenly balled on one side and brand-new on the other too many things to list. It’s broken down in my driveway oil came through the floor they cracked the front interooler they will not total it and they will not fix it what do I do? I have document, photographs from before the accident and after. I mediately called the insurance company within 15 minutes of getting home. They told me they would have someone higher up in management contact me but no one ever did! I was dealing with medical so I needed to use the car not realizing how bad the damage was assuming they were going to fix it like they said and had before. I’m in Massachusetts I was wondering what laws protect me I’m so tired of arguing. Thank you any help would be greatly appreciated.
March 22nd, 2017 at 4:45 pm #Jason

Devin,
There are no laws that protect you. Even though you wrote a paragraph, I still don’t understand your situation. Was your car damaged by being lifted up and dropped at the salvage yard. And is that damage secondary to your rear rend accident? I don’t know how they brought the car back and left. That makes no sense. I don’t know what your situation is.
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June 1st, 2017 at 10:09 am #Mike

So I was at a stop sign and got rear ended. The other driver was driving her boyfriend car which is insured. I called the insurance and before I could put in a claim or anything they told me it isn’t covered because the driver signed some sort of waiver or something and is excluded from the insurance

I don’t have uninsured insurance or full coverage

What do I do next? I could take her and boyfriend to court since they are both responsible or call a lawyer but I would rather have their insurance pay.
June 1st, 2017 at 7:59 pm #Jason

Mike,
The driver is an excluded driver and that means the policy doesn’t cover your damage.

The woman of the guy that hit you did nothing wrong to cause your damage so it would be inappropriate to sue her. Your option would be to sue the negligent driver who caused your damage. She is not one bit responsible for your damage.

Yes, you can call an attorney but you need to be aware you will pay his/her hourly rate and you likely won’t be able to recover your expenses to pay for an attorney.

Her insurance won’t pay so that’s not an option.
June 1st, 2017 at 9:43 pm #Mike

Hi Jason. Actually the women was the driver. The insurance and car is under her boyfriend name who was not there. So I talked to 4 lawyers today and they all say the driver and owner are both responsible according to state law and to file a civil suit
June 2nd, 2017 at 3:23 am #Jason

Mike,
Then my response remains the same with the role of the driver and the owner reversed.

State laws vary by state but from what you said, there is no negligence of the car owner and because no negligence, that person also would not be liable (responsible) to you. The party to sue is the driver who rear-ended you.

You are free to choose any course of action you want in your attempt to collect for your damage. If you include the car owner as a defendant, his insurance will defend him until they could get him and the insurance company removed from your suit.
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June 26th, 2017 at 3:20 pm #Mary Ellen Probanski

I have a question regarding Allstate Car Insurance in New York State. My fiance’s mother is a tenant in my legal two-family house. Her son (my fiance) and his son live with me in my apartment. We all share the same address. Recently, Allstate was notified by the NYS DMV that her grandson (who did not own a car) was uninsured and added him to HER policy without her permission. In the meantime, her grandson did purchase a vehicle and insured it through another company. Allstate REFUSED to take the grandson off her policy without a copy of his insurance card, which I eventually did provide to them.
But, my question is, can an insurance company hold my tenant (the grandmother) responsible for her grandson who does not live with her just because we have the same street address? How is this even legal? And, if I didn’t provide them with proof, he would have been covered under two different policies by two different companies.
Allstate argued that it isn’t in their control, that they are mandated by the NYS DMV. Is this correct?
June 26th, 2017 at 6:24 pm #Jason

Mary,
I don’t know.
June 27th, 2017 at 4:23 pm #Mary Ellen Probanski

Thanks for responding.
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July 21st, 2017 at 9:51 am #philip merry

if a policy holder is involved in the arson of their insured vehicle, the carrier will not pay proceeds to benefit/protect the policyholder…but will the policy still pay the lienholder who is left victim to the arson?
July 21st, 2017 at 5:31 pm #Jason

philip,
The lien holder is not the a victim. The lien holder is a financially protected party who had no involvement in the arson. The insurance would pay the interest of the lien holder even if the claim had been denied to the insured.
July 27th, 2017 at 11:54 am #Brad

Question,
Suffer hail damage to two vehicles in Wisconsin.
Got quote to fix and insurance sent check with deductible removed.
Check was made out to me and body shop.
I decided to trade the vehicles in and use the claim money towards the trade in.
Ask insurance company rural mutual to send new checks with just my name.
They stated if not repairing they have a policy to deduct half the labor cost to repair from the claim.
Is this standard practice can the insurance company do this?
July 29th, 2017 at 8:43 am #Jason

Brad,
Their internal company policy doesn’t trump the contractual wording of the insurance contract you have with them.

Can they do that? Yes, if you allow your claims to be settled in that manner. Deducting half the labor cost for something you decide to not fix is rather arbitrary. Why aren’t they deducting half the materials as well? Your claim will remain open until you agree to the terms of the settlement. Use that to your advantage if you can hold out. Speak to a manager and escalate your claim to get it settled the way you want.
July 31st, 2017 at 2:04 pm #Matthew

On 07/13/2017 I had my motorcycle parked outside of a repair bay where I work. Another driver, insured by Progressive, backed her RV into my motorcycle sandwiching it between her rear bumper and the metal parking pole in front of the bay. That driver attempted to flee the scene, but luckily our lot and lobby areas are covered by security cameras. She was found at fault by the sheriff deputy that responded. There were several witnesses and the security camera footage. Progressive tried to direct me to one of their preferred service shops, however I had just had a complete frame off custom job done to the bike (800 miles and 1 year prior to the incident) including a engine big bore kit and extensive transmission work, so I elected to trailer the bike to the shop that had performed this custom work. The bike was parked in gear and that evening on the ride home there was a noticeable clatter from the transmission area, it was difficult to shift into and out of first gear, there was a horrible squealing noise from the rear on turns, and the bike did not track straight. Needless to say I pulled over, caught a ride home, and went back with a trailer to retrieve the bike. I informed Progressive of where the bike was going and I authorized the repair shop to perform any tear down and inspection necessary to determine the amount of damage. Progressive did not send an adjuster out until 07/24/2017 and in the interim the repair shop informed me that the rear axle and swing arm were bent, the rear fender was chipped, and they found ball bearings and broken pieces of metal in the primary (transmission) case. The adjuster stated ” I’ve been doing this for 15 years and I’ve never seen this, I think this is pre-existing”. I explained to the adjuster all the work that was done, offered invoices, and told him that I had ridden the bike for 800 miles with none of these issues until his insured hit my bike. He also tried to claim that the oil in the primary was low, but when drained the shop measured slightly over 1 qt which is what is required for this bike (1998 Harley Sportster XL). I have yet to hear back from Progressive as of 07/31/2017. Unfortunately due to unexpected medical bills I have not been able to put full coverage on my bike and State Farm does not offer un-insured motorist on motorcycles for my area. What is my next step in dealing with these people?
August 1st, 2017 at 8:47 pm #Jason

Matthew,
You have some damage to the rear axle and swing arm, and a chip on the rear fender. You mention transmission damage but just like the adjuster, I find no correlation between the accident and the transmission condition.

You should be compensated for the repair for your cycle, not including the work the transmission needs or the cost of a similar replacement cycle – whichever is less.

If you don’t have your own physical damage insurance on your cycle, you will need to settle your claim with the at-fault party’s insurance company. It doesn’t make sense to have physical damage insurance on a bike that is valued at less than $2000.
August 24th, 2017 at 7:39 pm #Frank

My 2003 Suburban truck was side swiped by another vehicle. My truck was paid off, no lien. The other drivers insurance company considered it totaled but i kept it and am driving it. The only damage is a dent on the quarter panel and rear door. The truck runs fine and is not affecered by the damage. The insurance company offered me a very low offer to total it and they get it or a smaller low amount and I keep it. I kept the truck. I had to send the title to the other insurance company to receive settlement. Will I have any problems in getting new Texas tags when they expire next year? What do I need to do?

Thank you
August 25th, 2017 at 9:16 pm #Jason

Frank,
I don’t know why the insurance company would need your title if the truck was totaled and you retained the salvaged truck. Based on the age of the truck, I don’t know if your truck would need to be retitled as salvaged and if the insurance company does that for you. You would have to ask them about that. Check with the other insurance company about the title and what they are doing with it. I don’t know if the truck will remain registered in your name or if it must be registered to the insurance company and then back to you. I don’t know if it will hinder with your tags for next year. You’ll have to follow up with what the insurance company is doing.
September 27th, 2017 at 7:02 am #Kim

I backed into a car in a parking lot he took pictures, no insurance information was exchanged and no police report. He accepted and cashed a $500 check and now his insurance company is calling me. He has also text me telling me the total amount to fix his vehicle is $1045. I know what to do morally, but the question is do I legally need to? Since he has cashed my check isn’t the issue closed?
September 27th, 2017 at 4:21 pm #Jason

Kim,
You should bring all this information to his insurance company, and probably your insurance company too. It seems you believed your were liable and that is why you wrote him a check for $500.

The situation is one for both the insurance companies to resolve. I’m not qualified to provide legal information and I make a point not to address any concerns that should be left for an attorney to evaluate.
September 28th, 2017 at 11:19 pm #Rob

My motorcycle policy states that every accident or loss must be promptly reported. My passenger burned her ankle on my muffler and her medical treatment is being paid for by her personal medical insurance. So do I still have to report that to my own insurance carrier and if so is it reasonable to wait and see if a scar or plastic surgery is needed at a later date before turning this in to my own insurance carrier? I am also concerned that if it was reported right away, that this could inspire a much greater claim against my policy for things such as pain and suffering and scarring if I was found to be negligent in some way. The motorcycle became unbalanced as we came to a stop and I was unable to hold it up with her still sitting on the passenger seat. When she put her feet to the ground the muffler touched her leg as the motorcycle tipped over. Her jeans pulled up exposing her ankle as she was reaching for the ground with her feet.

I am also wondering if my medical payments coverage on my motorcycle policy would pay if my passengers medical bills were already paid by her own personal medical insurance? My policy states that in the event of other insurance available they would pay there portion as it bears to the total amount available. But I don’t know that personal medical insurance has policy limits such as automobile policies have. Thank you!
September 29th, 2017 at 4:18 pm #Jason

Rob,
Your policy states, “We have no duty to provide coverage under this policy if the failure to comply with the following duties is prejudicial to us:
A. We must be notified promptly of how, when and where the accident or loss happened. Notice should also include the names and addresses of any injured persons and of any witnesses.

If the non-prompt notice of your accident/loss is prejudicial to your insurance company, your insurance has no duty to provide coverage. You will have to determine if relieving your insurance company from a coverage obligation is worth the risk of not promptly reporting the event to them.

If depends if your policy is primary or if her health insurance is primary. It’s likely your policy is the primary policy and if it’s supposed to pay first, it doesn’t matter if there is a limit on her health insurance (even though it’s likely she does have a limit).
October 11th, 2017 at 10:56 am #Rob

Thanks Jason. FYI the customer service rep advised me that she was told by the claims department that the Progressive Insurance motorcycle policy med pay would only pay after the personal medical insurance paid. However she could not provide me with any written company guidelines on this and she would not put this in writing for me. So I would have to assume that unless a late report of loss caused an increase in the insurance payments, that they would have to pay the non prejudicial portion of the claim?
October 25th, 2017 at 4:07 pm #MAHMOUD RIAHI

Do the Uninsured motorists coverage pays for a hit-and-run driver in North Carolina?
October 25th, 2017 at 5:32 pm #Jason

Mahmoud,
Your question is rather vague but I will assume you are asking if the UM coverage pays for the damage to your vehicle damaged in N.C. by an unknown person who damaged your car.

The UM coverage would apply to your or your passenger’s injuries and medical expenses. It doesn’t apply to any physical damage to your vehicle.
October 29th, 2017 at 9:05 pm #Teairra

Question, I had a accident in which I was leaning on a friends car, she moved the car resulting in my falling on the ground scratching my face and chipped my tooth. Can I file a claim with her insurance company to pay for my medical expenses
October 30th, 2017 at 3:56 am #Jason

Teairra,
Medical insurance coverage from an automobile policy provides coverage for anyone covered as an insured. Since the injury occurred to you, your automobile policy would be the policy to to seek medical coverage because that is where you are the named insured (Or another auto policy in your home where you are considered an insured person.)

Your friend’s policy may provide liability coverage for your injury if your friend negligently moved the car and your actions weren’t the primary result of your injuries. Your friend’s medical coverage may apply to you if you were considered “occupying” her car. These scenarios may apply after further claim investigation and development.
November 2nd, 2017 at 4:56 am #Jerry

I was hit (damage to front bumper). Body shop recommends to replace bumper the insurance company (of the person who hit me) says that it only needs to be painted; “front bumper will not be replaced as there was significant unrelated prior damage on the front (bumper) prior that ****(Insurance company name) is not responsible to repair. If we replaced, there would be a great deal of betterment
My question is geared towards the “betterment” statement. Is this a factual statement or is the Insurance company trying to pull one over on me?
November 2nd, 2017 at 3:44 pm #Jason

Jerry,
The other person’s insurance company owes you only for ACV, actual cash value. If your bumper was already damaged, they can charge you for your betterment because they are fixing something that was already damaged. Find out how much betterment will be applied to you and see if that is something you can work with.

If you have collision insurance, file the claim with your insurance company and you may not face the same situation – but your insurance company could technically apply betterment too.
November 4th, 2017 at 8:10 am #Jim

The hardtop for my jeep which was off the vehicle in my driveway when it was damaged in a recent windstorm. It is the only top I have for the jeep i.e. no second soft top, etc. My insurance agent wants me to file a claim under homeowners which carries a $1000 deductible and adds a claim to my history. They are saying it wont be covered under my auto comprehensive ($500 deductible). my thought is I pay for all of my auto coverages based on the full value of the vehicle including the top so therefore it should be covered. Your opinion would be appreciated, should i pursue this with my auto insurance carrier?
November 7th, 2017 at 4:08 pm #Jason

Jim,
Your insuring agreement reads, “We will pay for direct and accidental loss to “your covered auto” or any “non-owned auto”, including their equipment, minus any applicable deductible shown in the Declarations.”

This agreement does not require the hardtop to be affixed to your jeep when the damage occurs. I don’t see why there wouldn’t be coverage for your hardtop from your automobile policy.

A claim under your homeowner policy probably wouldn’t provide coverage. A typical homeowner policy contains the following language: “Property Not Covered, We do not cover: c. “Motor vehicles”. (1) This includes: (a)
Their accessories, equipment and parts;”

I think your agent may not be guiding you appropriately in regard to your situation.
November 18th, 2017 at 6:42 pm #Shoshana

Hi Rob,

My daughter (2 yrs old) and myself was rear-ended by a gentleman and sustained damages to my front and back bumper. My car had prior damages but not to the areas that were caused by the gentleman. At the time of the accident I did not have any insurance so the claim was only filed with the insurance of the gentleman at fault. I still have $7,000 left to pay on the car but was told the car is completely damaged. The insurance company states that they will not pay to have the car repaired due to the amount of damages ($5000 worth) is more than the car is worth. However. The car was worth at least that amount before the gentleman hit me. The insurance company however are agreeing to compensate me for my medical damages as I have major back problems because of the accident.

Do I have to accept this or could there be another option for me. Also, shouldn’t I get the value of the car before the gentleman hit me?
November 18th, 2017 at 7:28 pm #Jason

Shoshana,
What you owe on the car has no bearing on the fair market of the car before it was damaged. The other insurance company should be offering you the value of your car before their insured damaged it. At this point, the repair estimate also has no bearing on the value of your car. If they are totaling the car, that is what you should be offered. Unless you can think of another option in light of you not having physical damage insurance coverage, this is the only option you have.
January 3rd, 2018 at 6:43 pm #Harvey

What is the name of your state (only U.S. law)? Florida

About a year and a half ago, I was involved in an automobile accident where the other driver was at fault. My attorney and I negotiated and agreed to an offer the adjuster made. I signed the release and had it notarized at my attorney’s office over 2 months ago (Oct. 23, 2017). To this day (Dec. 27, 2017), the adjuster has not sent the check. My attorney has been working extremely hard in making attempts to contact the adjuster and the management team of the 3rd party adjuster. They ignore my attorney’s phone calls and emails. My attorney was finally able to get in touch with a member of management to get an ETA on when we should expect the check to arrive. But their management is not being cooperative and have been giving my attorney the run around. My attorney told me, “They did not provide a specific answer.“. Therefore, my attorney has filed a complaint and a Civil Remedy Notice against the adjuster. The adjuster will have 60 days to respond.

By the way, my attorney has informed me that this is the first time something like this has ever happened to him in his career. He has never experienced this. To which is why I am asking this question.

Has anyone ever had an experience like this?

How often does this happen?

Or is this a sign of bad things to come?

Thanks!
January 4th, 2018 at 4:14 pm #Mike

I “rare ended” someone a couple weeks ago, I put it in quotations because it was a slight tap. We pulled off the side of the road we both got out and checked for damage. There was some light scuff marks on the her bumper from my license plate. We both agreed it was minor and that it should rub right off. The driver then told me it was a rental and that she wouldn’t say anything because it doesn’t seem like anything but if they notice she would give them my information (name, number and license plate # is what she has), I agreed. I received a call from the dealership that owns the car (she was getting hers fixed so this was a loaner) and they asked me for my insurance info so they could file a claim. I asked for what? They proceed to tell me for “the accident.” I then told them both parties agreed there was nothing but I followed up and said if there is indeed some damage please give me an estimate and I would like to pay out of pocket so my insurance premium doesn’t go up. A week later I get a call from the body shop that works for the dealership asking me for my insurance info again, and I proceed to tell him that I still haven’t been told what was wrong with the car and how much it was going to cost and that I would like to possibly pay out of pocket being that it was such a minor thing. The same auto body shop called me the next day saying that dealership has a policy that they can’t take payment out of pocket for accidents and that they must go through insurance and asked me again to share my insurance info. I refused, telling him that I still don’t know what is wrong with the car that requires a claim and I don’t know how much the claim would be. He then proceeded to tell me that because it’s a dealership car the small damage that occurred to the bumper cannot be fixed but the entire bumper needs to be replaced. The preliminary quote was around $800 pending any further damage they could find when they pull off the bumper. I told him I would call him back with my insurance info, but the more I think about it, the more something sounds fishy here. Does anyone have any advice?
January 4th, 2018 at 4:26 pm #Jason

Mike,
Right now you have the upper hand. Keep it that way. The dealership wants your insurance company information and the ONLY way they are going to get that is by you giving it to them. If they don’t have your insurance company information, they cannot send a bill to your insurance company.

You want to settle with them out-of-pocket. Their policy is that they don’t do that. If their policy is to forego that option, don’t even offer that. Forget about paying out of pocket for anything.

What’s the worst case scenario here? They could sue you and then you would be compelled to inform them of your insurance company but for $800, they are not going to do that.

Ignore them and their calls and let this entire scenario go away.

If you have any questions or concerns, write again to this forum or to my direct e-mail address found at the top of the page in orange lettering.
March 21st, 2018 at 2:05 am #Deedee

Claim Investigator ask me to sign authorization form to tear down engine to determine if engine failed because of busted oil pan or mechanical or electrical breakdown or failure. And if it is determined to be mechanical I will be responsible for the cost of tear down… what are my options? Thanks
March 21st, 2018 at 6:12 am #Jason

Deedee,
Your first option is to not sign the authorization and see your entire claim denied for failure to cooperate with the investigation of your claim. In doing so, you will not pay for engine tear down.

Your second option is to sign the authorization and let the insurance company determine if your claim is covered or not. The cause of engine failure will be determined and either you pay for tear down and any subsequent repair costs or your claim for engine failure and tear down is covered.

It would seem the owner/operator of a car would know what caused their engine to fail by the symptoms, conditions, and alerts the owner was aware of before the engine failed. Your insurance company does not have the information you have about your engine failure and they won’t know until they examine specific internal components of your engine.

You likely know whether the cause of engine failure tear down is going to be your expense or that of the insurance company. Choose one of the above options wisely.
April 10th, 2018 at 5:28 am #Kelly B

Hi! This is a FL auto question regarding comp/coll. Our insurance co is surcharging us over $2,000 for the next 3 years due to a “claim” my husband submitted last year. On our way for vacation, We had a blow out on the highway in our Ford F250 superduty. Did not hit anything, did not lose control, no injuries or other cars involved. It was a pretty bad blow and damaged the inside tire area and bumper of which I have multiple pictures. We managed to change to the spare and get to a tire store to replace the one tire. Once back from vacation, my husband called to proceed with claim. We had $1000 deductible, insurance paid $1200. The problem we have is that the insurance company has indicated as an at-fault accident (collision). This is generating the additional premium and what all insurance companies are seeing now. I have read multiple articles that this should have been a comprehensive claim since a non-accident related incident and no other car involved. Thoughts please?! thanks!
April 11th, 2018 at 9:44 am #Jason

Kelly,
The collision the truck sustained seems to be with the parts of the tire. I don’t know the incident details but if a tire is shredded to the point of damaging the inner wheel area and bumper, the truck may have also had a collision with the roadway as well. (Photos can be sent to the e-mail address in orange lettering at the top of this page.)

I have not read the articles you have. Damage due to a comprehensive loss is rather specific and if the damage is not comprehensive in nature, it is deemed collision. Damages assigned to comprehensive coverage are from the following:
Natural disasters
Civic disturbance
Falling objects
Fire
Hitting, or being hit by, an animal
Vandalism
Theft

The damage sustained to the truck appears to fall under collision since the damage does not apply to any categories of comprehensive coverage.
April 12th, 2018 at 3:55 pm #Cynthia isreal

I was leaving a average size outside hospital parking lot and had my tickets to insert into the ticket taker when I accidentally stepped on the gas and drove right through the security parking gate and destroyed it -I waited around for an attendant or security to come over to me ( I parked and waited across the street) and after 29 minutes no one showed up and I left -I don’t know if there were any security cameras there was no attendant on duty -my car suffered minor scratches – do I have to inform my insurance company ? My husband drove past the lot later and there was already a new gate in place -will the owners of the lot send me a fine or take me to court ??
April 12th, 2018 at 4:51 pm #Jason

Cynthia,
In your policy, the following information (or very similar) applies:

PART E – DUTIES AFTER AN ACCIDENT OR LOSS
We have no duty to provide coverage under this policy if the failure to comply with the following duties is prejudicial to us:
A. We must be notified promptly of how, when and where the accident or loss happened. Notice should also include the names and addresses of any injured persons and of any witnesses.

I don’t know if there were any witnesses, security cameras, or what kind of logs are involved with the parking ticket you had. It doesn’t matter if there was no damage or limited damage to your car, you left the scene of an accident.

The owner of the lot doesn’t have the authority to fine you. The owner of the lot can sue you if that is the course of action they choose. The police can issue you a hit and run violation if they are able to establish you and your car were involved in the damage.

Whether you inform you insurance company is up to you. If your failure to report the incident is prejudicial to them, they have no obligation to provide you collision coverage, liability defense, or liability coverage.
May 30th, 2018 at 1:31 pm #Doris

We purchased a f150 and parked it on the street. We have not registered it in our name yet and someone run into it. It has OK tags. Allstate is telling us we have to get it in our name before they pay a claim. We have the bill of sale and we paid for it with cash. They totaled it but said we could buy it back. If we are going to buy it back to use for spare parts why should we have to spend $300 to get it registered. Can they make us do that?
May 30th, 2018 at 1:36 pm #Doris

We purchased a f150 and parked it on the street. We have not registered it in our name yet and someone ran into it. It has OK tags. Allstate is telling us we have to get it in our name before they can pay a claim. We have the bill of sale and we paid for it with cash. They totaled it but said we could buy it back. If we are going to buy it back to use for spare parts why should we have to spend $300 to get it registered. Can they make us do that?
May 30th, 2018 at 1:45 pm #Jason

Doris,
I don’t know if allstate is your insurance company but I will assume it is.

I don’t know of the internal policy requirements for allstate but if that is the option you are facing, that may be what you have to do. Ask them if you have to register it (title it in your name) if you buy it back.

Allstate is ranked very high in customer claim dissatisfaction. There are many alternative insurance companies that you should consider to insure your vehicles and you should always review your insurance options every few years.
June 19th, 2018 at 3:38 pm #Auto Insurance Germany - AUTO INSURANCE

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August 14th, 2018 at 6:03 pm #Jonathan Newell

Hello,
I just survived a head on collision on the freeway from a drunk driver. He was traveling @ 90 MPH on wrong side of freeway, I was traveling 65-70 MPH.

My customized 2006 Ford F350 King Ranch was totaled. My insurance is with State Farm. I incurred a compression fracture to my lumbar vertabrae. Otherwise just sustained sctatches and bruises. Overall very fortunate!!

Other 25 yr old driver was insured by his parents with AAA. He sustained much greater trauma and loss as well as broken legs ribs and bruised heart. A US Marine back home with classic PTSD and addiction issues.

What are your recommendations to me to seek full benefits of insurance settlement. I am not interested in suing them just being fairly compensated.

I will be out of work for a while and need a new vehicle and have a fractured vertabrae.

How do you recommend I should handle this?

Thank you,
Jonathan
August 14th, 2018 at 6:16 pm #Jason

Jonathan,
You have 2 total claims. The first is your damaged vehicle. You can settle this claim either with the other driver’s insurance or your insurance company. The other sub-parts of your claim may be loss of use or rental costs. You may have rental coverage from your insurance company or the other insurance company may provide that to you. If you settle the vehicle damage with your insurance company, you will have to pay your deductible but that may likely be collected by your insurance company from the other insurance company to reimburse you for that. You have to decide which route you want to go.

The other claim you have is for your medical treatment expenses and pain/suffering. That claim will be settled with you through the other insurance company. It will include the cost of your medical treatment directly related to the accident and a sum of money for the pain/suffering. Both the medical and pain/suffering will be lumped together and offered to you. They can have an allowance for your loss of income from not being able to work included as well. You will be required to sign a release when you accept their offer. See what they offer and go from there. Only you know what you will accept for an offer regarding these things.
August 16th, 2018 at 10:20 am #Morry

Are commercial retail shopping mall owners liable for front end damage (alignment done recently) when I drove my car over a porhole not marked at the time of accurance.
August 16th, 2018 at 10:41 am #Jason

Morry,
Whoever was driving the car is responsible for any damage the car experiences. If there is a hazard on the road that can damage a car, the hazard needs to be avoided. The mall owner had nothing to do with you driving into a road hazard that caused damage to your car.
October 5th, 2018 at 12:22 pm #LinaDah

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November 16th, 2018 at 5:30 am #Debra

My daughter was hit by a driver who ran a stopsign, he was sited. His insurance company told her to take it to a dealership for an estimate on the damages, and a week later, told her to come pick it up. Did the repairs without notifying her, giving her the estimate, telling her what they were fixing. Drove it in, she told them service airbag light had came on, still on, and smelled gas. when she picked it up, went 2 blocks down the road, car died, and now they are telling her she is responsible for tow and work???
November 16th, 2018 at 6:33 am #Jason

Debra,
Your daughter seems to have signed a repair authorization to have the repairs completed. Apparently she did not review the documents very carefully she signed at the repair facility.

She needs to take the car to the repair facility and have the repair facility make the repairs which are related to the accident. I can’t comment on the check engine light because that is not a light that becomes illuminated due to accidents only. The check engine light may not be related to the accident at all. I don’t know any further details of the accident, the gas smell, or why it died. It may or may not be related to the accident. All owners of vehicles are responsible for tows and any work completed to their cars – many times those expense responsibilities are designated to, and or paid by others, but it is essentially the owner’s responsibility until someone or some company pays for it that has accepted the liability for those expenses.
December 20th, 2018 at 9:35 am #Mary Trautner

I was the last one rear ended. Considerable damage. I was also driving for Uber at that time. The person that caused the accident , their insurance took full responsibility and even wrote me out a check for the loss wages thus far. Car is still in the shop. They would cut me another check when car was completed. I get a voice mail saying the insurer only had the least state’s limit and it has gone over it. I have to return the rental today. I can’t. I am a single mom of 4 girls. So isn’t the letter a binding contract? Oh and the initial damage through pics said it was only $800 in damages. Completely not true. To look at it, one would know it had significant damage. Uber’s insurance is now taking over the repairs but the insurance company should pay for my rental and the money owed me after the repair is finished. Am I correct? Thanks
December 21st, 2018 at 7:03 am #Jason

Mary,
Letters are letters and are not even close to being a contract. When the limit of coverage is exhausted, there is no more money to go around. Your rental apparently was paid until the limit was reached.

I don’t know why uber’s insurance is involved but you using the car for their benefit may be why. Do you have rental coverage on your own policy you can use?
January 4th, 2019 at 12:47 pm #perry

Calif. Insurance company wants to put a used trans in my truck. The used is not of the quality of vehicle. Fine diesel dodge 4x . Do I have the right to request and get a dealer trans. ?
February 8th, 2019 at 3:09 pm #Jason

perry,
Your vehicle had a used transmission in it so placing it with a used transmission would bring it back to the pre-loss condition.

You can ask if you can get a rebuilt transmission but your vehicle had a used transmission in it, not a rebuilt one.

Your existing/used transmission had no warranty on it but the rebuilt likely would.
March 12th, 2019 at 5:16 pm #Gustavo Pope

Hi,I have a question. I was in a car accident on November last year where my car was total.My question is ,the other driver didn’t have a valid DL but he was driving a company truck(he was at fault by his own admission to the police and my insurance adjuster).Now his company insurance said that because he was not a driver on their police they are not going to pay for the claim.Is this true?
March 20th, 2019 at 3:12 pm #Katie

Hi. Please help. I was in a wreck. Initially the insurance company was going to fix my car and sent me 1400 to do so. Then they decided to total it. They are only going to pay 4000 for the car. I owe 9000 so they leave me oweing 5000. They sent the remainder of the money straight to my leinholder. I am a single mom of three kids. I don’t have a lot of money and have to have a car to work. If I keep the 1400 and use it to get another car is that insurance fraud? I have no other way to get a car and I know that would make me owe 6400 to the leinholder. I just need to make sure I’m not committing a crime. Thank you in advance for any advice.
April 23rd, 2019 at 1:53 pm #Ruth E Barton

My daughter sold her car but forgot to delete from her Insurance. Friend that she sold car to had an accident. They only paid her $855 for $3,000 car cause friend and it needed a little work. Friend now wants to claim against daughter’s insurance under collision. Friend only purchased liability. If they claim against daughter, she will lose her Accident Free Discount, be surcharged on her policy, and have to be accident free for the next five years to earn it back. Daughter paid premium so shouldn’t she have a choice. If a claim is filed, shouldn’t she be the one paid as the policy holder. Friend didn’t bother to buy his own collision, but wants to use hers. Who has rights? Could daughter split check to cover her insurance increases and since she took a loss of $2,000 by selling to a friend.
May 9th, 2019 at 6:20 pm #Jason

Ruth,
Your daughter no longer has an insured interest in the car so her insurance should indicate that as a reason for not honoring a physical damage claim.

The friend apparently only has liability insurance and that doesn’t provide damage due to collision.

The only way a claim would be filed is if she files it. She should call her insurance agent and cancel the insurance effective the day she sold the car.

If you are asking if your daughter can split the proceeds from the accident, it may be that your daughter was providing insurance coverage for her friend under a guise that she sold the car to him.
May 9th, 2019 at 6:43 pm #Jason

Katie,
There is a relationship and contract between the insurance company and you that if your car becomes damaged, they will pay you for the damage to your car.

The other relationship and contract is between the lien holder and you. Your insurance company has no business in your borrowing relationship with your lien holder.

If initially you were paid $1400 to have the car repaired and then later the insurance decided it was totaled, then they will pay the rest to your lien holder. You were entitled to receive the $1400 at that time because your car was going to be repaired. From what you’ve indicated, I see no fraud.
May 9th, 2019 at 6:58 pm #Jason

Gustavo,
Although this driver may have been at fault and is liable for damage to you, the company’s insurance isn’t going to pay.

The one responsible for your damage is the driver. That is where you would be able to seek compensation for your damage. He was essentially an uninsured driver.
June 27th, 2019 at 12:44 am #Sara

My car was hit while parked. I filed a claim with Mercury (the driver’s ins. co.), who sent me to one of their “preferred shops” for an estimate. The estimate does not include replacing the obviously cracked headlight, which leads me to doubt the estimate altogether. Mercury is being pushy to bring my car into that shop so they can get started on the repairs.

Thing is, I would like to “cash out.” How can I be sure to get an honest and fair amount at this point? I’m in California.
September 27th, 2019 at 8:02 am #Janelle Lopez

Hello, kinda of a strange question…Two employees working at a construction site moving debris. Employee A takes a stack of poles and wood and lays it on the ground next to the curb. Employee B has his truck parked not to far from the curb and goes over to the stack of poles and wood and sets them up right leaning on the curb up against a mailbox. Employee A then goes back over to grab part of the stack and one of the poles that wasn’t part of the stack he had picked up slid and scratched employee Bs truck. Who is at fault for the scratch? Employee A and B? Or just A? Employee A wants to make sure the truck scratch gets fixed but feels he and employee B are both responsible considering it took employee B moving and leaning the poles and wood into an upright position in order for them to be able to slide and scratch the truck to begin with. Please help!!
December 14th, 2019 at 5:03 pm #Yolanda J

I was a passenger of a 1998 grand marque clean car A car hit us on my side coming out a private parking lot. Can across 3 lanes in to our 4th lane which was our turning left lane. Hitting on my side. After this insurance company claim fault the adjuster immediately try to get us in the office stating that she was going to reimburse for storage fee etc. I didn’t go I didn’t think that was right beside it was not my car to get storage fees for. The driver thought she was reimbursing her for the fee. She released for claim for 1500. She was upset because that was not what she went there for. Then she tried to do the same with me. I told her I was still treating. after many times trying to get me to sign documents or get me up there. I was released from treatment. I sent her my demand and my medical which was over 15000. I sent pictures of my injury, the letter medical bills and notes. She then offers me 750, I sent her another demand letter lowered my offer a little and then she told me all she was doing is 250 more that it. She never gave any justification of why such a unfair low offer. I sent another letter asking for her to justify this low offer to a valid claim. I also sent her pictures of the car before accident and after. After she told the clinic that the care was already damage which was not true. After I did that she said thank you for the pictures but nothings changed. She still haven’t sent me anything justifying the low ball offer.
December 31st, 2019 at 2:12 pm #Jason

Janelle,
The employee that caused the direct damaged to the truck is liable for the damage. Direct damage is the immediate effect of one’s actions and as far as you mentioned, ther truck owner wasn’t controlling the material movement of the employee who caused the material to damage the truck.
December 31st, 2019 at 2:22 pm #Jason

Yolanda,
If you and the insurance company can’t reach an agreement to settle your claim, you have the option to sue the other driver for what you think is fair. It’s expensive, time consuming, and stressful to sue only to end up with an unknown outcome.

I don’t have enough information to determine if it’s a lowball offer. I also don’t know if your claim is a highball offer. That’s something only you can determine.
March 13th, 2020 at 12:43 pm #Sandra

This page is awesome came upon it by accident .
My car was in a hail storm a few days ago and the insurance adjuster totaled it . I want a salvage title . We both agreed .
Adjuster wants me to sign my car title over to him without him giving me any paperwork (proof) of our agreement or that I signed and gave him the title .
My question being , is this a normal process for insurance companies to do with their customers ?
March 16th, 2020 at 10:00 am #Dawn L Lindsey

Help check made out to us and the lien holder. Rhey say bring in more estimates and pick the lower amount. Then they will sihn the check and any over the check amount will be split between us and them. That portion will go to the pay off of the car. It is not totalled. How can they do this? Why arw thw dictating wht happens when we make car payments and insurance. This wreck made it go up $90 for 6 months. Can I explain this to my insurance company and have them reissue the check to just pur name? I u understand they have a interest in thr car as we owe for it. How can the tell me what to do with something tbey never pay for? Thanks for any answers and help..
March 16th, 2020 at 10:00 am #Jason

Sandra,
Yes, the insurance company will take your title and have the title reissued to you with a salvaged title. At the same time, they will then issue the check to you for the total loss of your car (and likely subtract the amount of the remaining value of the car that is now totaled.) You should already be aware of the net amount that will be sent to you.
March 16th, 2020 at 10:07 am #Jason

Dawn,
Your insurance company will not reissue the check in your name only when you have a lienholder listed on the title. The lienholder either wants the car fixed to it’s pre-loss condition or they can apply the check amount to lower the amount you owe on the loan.
April 13th, 2020 at 6:27 pm #Mr R,Chew

I filed a claim threw progressive auto insurance, iam the regesterd owner of the vehicle that I had insured by progressive .the policy is in my name only as well as the vehicle involed.and my insurance what paid up as well .and progressive issued a $10.000 check
That was issued and released and and cashed by someone who had nothing to do with this situation. And I didn’t give any kind of permission or authorization to progressive to do so as well,how can they do this and what can I do about if
June 8th, 2020 at 12:41 pm #Jason

Mr R,Chew,
I don’t know if this is an insurance issue. The information you provided indicates you know the person because you said they had nothing to do with the damage or the claim so it seems to be an issue of fraud by someone you know.

I’m pretty sure the insurance company wrote the check out to you, the sole owner and sole insured of the car. If that is indeed what they did, the insurance company did nothing wrong.
January 23rd, 2021 at 11:26 pm #Cblack

A family member took my jeep and totaled it. It was one car accident. I only have liability. I just bought it a few months back and paid $16,000 cash for it. The family member was also DUI. Are they liable?
January 24th, 2021 at 12:59 am #Moderator1

Cblack I am not a liability expert. But the key to legal liability and winning in court is proving negligence. And I would think that drunk driving is negligent. I would like to hear what some others think about this. Most insurance policies with liability only coverage also have uninsured motorist property damage for a smaller amount such as up to $3,500 for damage to your car. But without looking at your endorsement, I’m not sure if that would require that the damage be from another vehicle.
March 18th, 2021 at 4:27 pm #Jason

Cblack,
Yes, they took your vehicle and damaged it. They are liable to you for the damage to the vehicle.
August 31st, 2021 at 10:27 am #Audrey

I have full coverage my car was vandalized totaled if the car don’t have current tags can the co. Denied my cliam
September 2nd, 2021 at 12:38 pm #Ron Cercone

Audrey, I don’t think that they can deny the claim, but that is just my opinion. Your first line of defense would be to just look in the policy and see if there are any requirements for the vehicle registration to be current. Your premiums are based on the policy period, not the registration. So if you had to go into court, or small claims court, that would be one of your arguments, in my opinion. I’m not a lawyer. Just start by submitting the claim and see if they deny it. When I was an adjuster working for insurance companies, I never looked got the license plate to see if the registration was current or not. While I did have to write the vehicle ID and license plate number on my claim papers, I was never asked to check if the registration tag was current. So go ahead and make the claim. Good luck. Keep us posted. Thank you for visiting.
September 4th, 2021 at 2:58 pm #Steven

Good Afternoon, folks I need some help with a claim I submitted to Geico Motorcycle department. So here it goes…
So the beginning of august I decided I was going to purchase a motorcycle. I found a diamond in the rough and got it for a Steal I put day and night working on this bike cosmetically decals grips handle bars levers exhaust lighting kit for the body etc etc. Once I finished with all the extras I called around to a few different places and geico seemed to be cheaper for collision, comprehensive , accessories (2,001 to 3,500).My coverage started on Aug 26 2021. I spent the entire weekend getting familiar with the bike in a local parking. Great weekend. Also I want to put this out there as well the other reason I went with Geico was because I was also getting a discount cause I carry two other vehicles under my auto policy and have had it for 2 years no claims no tickets nothing current on all payments! Tuesday unfortunately I wrecked the bike and believe it is totaled. I walked away without a scratch but a little soar. Originally I wasn’t going to make a claim cause I thought it was just cosmetic that was until the next morning and started taking the ferrings off and notice frame damage and decided to go ahead and make a claim. I submitted a single bike accident described the damage and followed with pictures . I have a iPhone 8 Plus that barely works I took the photos showing all damage . I thought that was simple enough. until the next morning when I received a call from a rep from geico informing me that they assigned me a liability examiner I reached out to him to schedule an inspection and he told me that I would be dealing with an adjuster later this past week. As the week went on I was checking the geico app to make sure I didnt miss anything . I got a notification that I had a message checked the message and low and behold it was them telling me they were canceling my policy for my motorcycle because I made a claim within 55 or 60 days of starting it . but I’ve had a auto Policy for two years I just dont get why they would cancel me . But know they are dragging their ass still haven’t heard from anyone except them trying to tell me the photos were taken on July 25 and in March and I was like the phone that was used was my friends phone since mine broke during the accident and not to mention I purchased the bike in middle of aug the 18th to be exact I have a Bill of sale title signed dated . He told me something about Metadata software . I had no freaking clue what the hell he was talking about. The pictures were taken on Aug 30 the wreck and aug 18 when I purchased it . I sounds like they are trying to deny me my claim saying its fraud. Thats bullshit . and I am disgusted with them . What should I do or what can I do Anyone please and thank you !!!
October 5th, 2021 at 10:18 pm #Mark McMillan

I was asked to move a friend’s work van to allow another vehicle out of a driveway. At the time he was busy on an important phone call. I moved the van forward and left into a bay in front of a garage (my rental house and the garage door was open) I had never driven the van before and my foot missed the brake and the van rolled into the brick garage door wall end damaging both house and van. Who has responsibilities here?
October 16th, 2021 at 12:02 pm #Ron Cercone

Hello Mark. Just my opinion, but I would think that if this were up to a judge to decide in small claims court if you were negligent, I would think that it would depend on your friend’s knowledge about your driving abilities. For example if you told your friend that you knew how to drive a van, I think your friend might have a reasonable expectation that you could safely move his van. Your friend would have to prove in court that you were negligent. If your friends auto insurance pays for the damage to his van, they would have to prove that you were negligent in order for them to collect their money back that they paid to repair his van. Just my opinion. Let your friend or the insurance company file a lawsuit against you, if they think that’s worth their money and time, and tell your story to the judge. I would very much like to see some input from other visitors to this website regarding this question.
February 17th, 2022 at 12:26 pm #Sherrill

In December I hit a deer on the way to work and I filed an auto insurance claim for damages. A couple of weeks prior to the collision, I took my vehicle in to the dealership for it’s past due 60,000 mile service and inspection at which time the brake pads were replaced. Immediately after braking hard during the collision, my brakes were squealing and jerking when stopping. I have submitted the invoice to the adjuster and argued that I was not having any braking issues prior to the accident and that I only started having the squealing and jerking issues after the accident. The claims adjuster has denied that the rotor damage is due to the collision. He states that rotor damage is not covered because it is a wear and tear item. How do I get them to cover the repair/replacement of the rotors as part of the claim? Thank you in advance for any assistance that you can provide.

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