Auto, Vehicle, Car Insurance Claims Advice and Help


 Post Vehicle, Car Insurance Claims Advice and Help Question (below)

Or, get car insurance claims advice and answers involved with a total loss car auto claim at your finger tip (and consultation with Ron Cercone) with a car insurance claims advice and self help eBook from . You will find eBooks “a-la-carte ” for your own claim situation, or a “deluxe” version which includes all of the other total loss car auto related eBooks. The most popular car insurance claim UClaim eBook is entitledTOTAL LOSS AUTO INSURANCE CLAIM ADVICE AND HELP – DELUXE VERSION WITH APPENDIX – HOW TO DEAL WITH YOUR OWN INSURER AND THE OTHER INSURER . This Deluxe version INCLUDES all of the other UClaim eBooks in the Automobile category. You can view the description and Table of Contents .

You may have been paid $10,000.00 for a vehicle that you know was worth $15,000.00. Perhaps you were made to feel that you got a huge favor when they gave you a few more dollars. You may have grudgingly accepted the settlement without putting up a fight. You may have had a knock down drag out fight and achieved little or nothing.


Very easily, by a combination of several factors such as: corporate cost cutting, over dependence on computer technology and good old human nature.

CORPORATE COST CUTTING has reduced the skilled work force. Claims personnel are over loaded and under trained. Morale is down. The average claim adjuster today has little idea how to properly appraise the value of a vehicle. He or she is reliant on computerized appraisal services like CCC or ADP to put a value on your vehicle. Most adjusters have never even seen your vehicle. Your vehicle description may be transmitted through several people. These computerized appraisal services began in the early 1980’s and now account for at least 99% of all vehicle claim appraisals. They are an excellent first line of defense for insurers. Why not throw them at the policy holder and see what sticks? Most will stick because most policy holders are overawed by these 10 to 15 page reports.

OVER RELIANCE on computer technology has given insurance company personnel a sense of over confidence in computerized appraisal company reports.

These computer reports are more show than substance. They are packed with irrelevant and repetitious information. They may be up to ten or fifteen pages long. In contrast, a traditional appraisal report takes less than one page. (You can see several examples of what a simple easy to read one page appraisal report should look like in the UClaim eBook “Total Loss Auto Deluxe.”) The real effect of these new computerized appraisal reports is that the average person (and adjuster) is over awed. It looks so good, how could it possibly be wrong?

In fact, these computerized appraisal reports often contain erroneous and outdated information, “garbage in garbage out” as the saying goes. They also often fail to comply with the Unfair Claims Settlement Practices Regulations. Ironically, these appraisal reports include verbiage stating that they do comply with insurance law! It’s a mockery of the intent of the law. Our American insurance industry advertising makes the propaganda of 1930’s Nazi Germany look like childs play.

Insurance companies were once forced to convert to “easy read” policies. The same thing needs to be done with their computerized appraisal services. If you think today’s insurance policies are hard to read, you should have seen the ones fifty years ago with their legalese “wheretofores” and “wherehows”!

The potential unreliability of these reports is compounded by missing and erroneous information given to the computer appraisal company by the insurance claim personnel. This can even be intentional. I will never forget the statement made by one very conscientious adjuster who said that she could never settle her claims because her company instructed the computer appraisal service to rate all vehicles as “below average dealer” condition. She would cross out my “average dealer” field condition rating and enter “below average dealer” before sending my field inspection report to CCC or ADP to finish the valuation.

HUMAN NATURE is a significant factor. The greatest obstacles to overcome are pride and force of habit. No adjuster wants to even consider that he or she made an unfair settlement offer or that a mistake may have been made. Hallowed procedures, practices and policy contract interpretations are passed on from generation to generation of adjusters and managers.

If you want to deal with a hard nosed and or inexperienced adjuster, you need to arm yourself with the knowledge and the confidence you will get from a car insurance claim advice UClaim eBook .

1,638 Responses to “Auto, Vehicle, Car Insurance Claims Advice and Help”

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

    Is engine non flood damage covered under insurance?

  2. 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

    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.

  3. October 2nd, 2008 at 8:41 am #JOE


  4. 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.

  5. 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?

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


    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.

  7. 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?


  8. 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 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

  9. March 31st, 2009 at 9:49 am #Candice Morrison


    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! 🙂

  10. March 31st, 2009 at 11:30 am #VADA MILLER


  11. April 1st, 2009 at 1:17 am #admin


    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 I will look at it for you.

    In looking at the ISO auto policy (generic) at 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

    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”.

  12. April 1st, 2009 at 1:23 am #admin


    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 🙂

  13. May 2nd, 2009 at 10:24 am #christopher

    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.

  14. 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

  15. 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.


  16. 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?

  17. 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 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).

  18. 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?

  19. May 15th, 2009 at 7:19 am #alphanumericone

    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.


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


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

    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.


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


    Let us know what they say.

  22. 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.

  23. May 19th, 2009 at 4:36 pm #LFR


    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.

  24. 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.

  25. 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.


  26. 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?

  27. 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.


  28. 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?

  29. 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

  30. 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

  31. 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.

  32. 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.?”

  33. 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 You can also get information on valuation for your injury from the Total Loss Auto Deluxe version of the eBook.

  34. 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?

  35. 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.
    Seriously Sad!

  36. 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.

  37. 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 It will also tell you how to keep the salvage without getting short changed.

  38. 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?

  39. 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.

  40. 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?

  41. 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.

  42. 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.

  43. July 25th, 2009 at 12:17 am #admin


    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.

  44. August 13th, 2009 at 7:29 pm #admin

    Take a look at our new discussion forum!

  45. 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?

  46. 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 eBook “Total Loss Auto for Insureds”. Its guaranteed and currently on a 75% off sale at around $6.00.

  47. 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)

  48. 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 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.

  49. 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.

  50. 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.”

  51. 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?

  52. 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.

  53. 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?

  54. 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 entitled Total Loss Auto for Claimants currently on sale for around $12.00, 50% off and money back guarantee.

  55. 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.

  56. October 20th, 2009 at 10:46 pm #admin


    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.

  57. October 21st, 2009 at 8:13 am #Peter


    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?

  58. October 21st, 2009 at 4:30 pm #admin


    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.

  59. 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.

  60. November 5th, 2009 at 10:54 pm #admin

    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.

  61. November 17th, 2009 at 3:59 pm #chad

    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.

  62. 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 to get a fair settlement on the car. They are on sale with money back guarantee.

  63. 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?

  64. 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.

  65. 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

  66. November 29th, 2009 at 6:18 pm #admin

    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.

  67. 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?

  68. December 5th, 2009 at 5:09 pm #admin


    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.

  69. 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.

  70. January 4th, 2010 at 12:45 pm #Karrie


    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.

  71. January 4th, 2010 at 4:21 pm #admin


    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 It will teach you how to not get set up and screwed by the insurance adjuster.

  72. January 4th, 2010 at 4:50 pm #admin


    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 Most important with auto repair claims is to document your damages and efforts.

  73. 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.

  74. 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

  75. February 4th, 2010 at 11:33 pm #admin

    If you don’t get an answer, try a much shorter question.

  76. 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

  77. February 21st, 2010 at 3:45 am #admin


    We are a little confused. Is the repair cost $1500.00 or $2700.00 or $3700.00 before the deductible?

  78. February 27th, 2010 at 11:20 pm #Laura


    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.

  79. 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.

  80. March 7th, 2010 at 7:00 pm #admin

    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.

  81. 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?

  82. March 23rd, 2010 at 10:57 pm #admin


    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.

  83. 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?

  84. 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!

  85. March 26th, 2010 at 11:26 am #admin


    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.

  86. April 7th, 2010 at 7:40 pm #Erik


    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.

  87. April 9th, 2010 at 1:45 pm #admin


    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.

  88. 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,

  89. April 20th, 2010 at 10:54 pm #admin


    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.

  90. 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.

  91. 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

  92. May 6th, 2010 at 5:09 pm #admin


    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.

  93. May 6th, 2010 at 5:10 pm #admin

    Anybody want to answer Reggie’s long question?

  94. 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.

  95. 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?

  96. 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.

  97. 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.

  98. 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?

  99. June 5th, 2010 at 12:36 am #admin


    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.

  100. 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?

  101. 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!

  102. June 8th, 2010 at 11:22 pm #admin

    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.

  103. June 9th, 2010 at 4:17 am #Jason

    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.

  104. 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.

  105. June 17th, 2010 at 6:50 am #Jason

    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.

  106. 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.

  107. 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.

  108. June 23rd, 2010 at 8:16 am #Jason

    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.

  109. 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.

  110. June 24th, 2010 at 7:31 am #Jason

    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.

  111. 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.

  112. July 1st, 2010 at 9:19 am #Jason

    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.

  113. 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.

  114. 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.

  115. July 27th, 2010 at 5:13 pm #Jason

    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.

  116. July 28th, 2010 at 6:35 pm #Jason

    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?

  117. 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?

  118. August 20th, 2010 at 12:37 pm #Jason

    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.

  119. 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


    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.

  120. August 26th, 2010 at 9:39 am #Mark


    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.

  121. August 26th, 2010 at 9:47 am #Mark


    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!

  122. 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 …

  123. 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.

  124. 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.

  125. 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 ?

  126. August 31st, 2010 at 5:13 pm #Jason

    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.

  127. 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.

  128. 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?

  129. 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.)

  130. 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?

  131. 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.

  132. 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.

  133. September 17th, 2010 at 8:00 am #Jason

    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.

  134. 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?

  135. September 21st, 2010 at 7:04 am #Jason

    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.

  136. 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.

  137. September 21st, 2010 at 10:42 pm #admin

    If you think your car’s ACV was way too low at $1500, consider the eBook on Total Loss Auto claims at You should not have to look at 3000 car ads. Something is wrong.

  138. 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’?

  139. October 5th, 2010 at 6:51 am #Jason

    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.

  140. October 6th, 2010 at 5:59 am #Gracie Parker

    the best show car that i know are those expensive Bentleys and Audis`:,

  141. 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

  142. October 23rd, 2010 at 4:10 pm #Jason

    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.

  143. November 18th, 2010 at 9:31 am #Teacher

    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?

  144. November 19th, 2010 at 4:45 pm #Jason

    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.

  145. 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?

  146. 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.

  147. 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?

  148. 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.

  149. 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?

  150. December 15th, 2010 at 5:23 pm #Jason

    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.

  151. 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

  152. December 17th, 2010 at 8:05 am #Jason

    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?

  153. December 24th, 2010 at 4:24 pm #Shay


    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.

  154. 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.

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

    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.

  156. 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?

  157. December 27th, 2010 at 10:08 am #Jason

    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.

  158. 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?

  159. January 3rd, 2011 at 7:39 am #Jason

    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.

  160. 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?

  161. January 3rd, 2011 at 3:09 pm #Jason

    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.

  162. 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.

  163. 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?


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

    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.

  165. January 20th, 2011 at 10:40 pm #Jason

    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.

  166. 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?

  167. January 27th, 2011 at 4:25 pm #Jason

    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.

  168. 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?


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

    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.

  170. 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

  171. February 3rd, 2011 at 7:45 pm #Jason

    Could you be specific? What did your insurance company do anyway without your signature?

  172. 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

  173. February 4th, 2011 at 6:20 am #Jason

    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.

  174. 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?

  175. 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.

  176. February 12th, 2011 at 7:43 pm #Jason

    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.

  177. February 12th, 2011 at 7:53 pm #Scott

    Yup, I believe you’re right. Next time.

  178. February 12th, 2011 at 7:57 pm #Jason

    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.

  179. 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?

  180. February 24th, 2011 at 2:24 pm #Jason

    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.

  181. 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,

  182. March 16th, 2011 at 7:51 pm #Jason

    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.

    If you believe you don’t have all the forms needed to make your claim, simply call your adjuster and indicate that to them.

  183. 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??

  184. March 22nd, 2011 at 2:58 pm #Jason

    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.

  185. 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…

  186. March 22nd, 2011 at 5:37 pm #Jason

    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.

  187. March 22nd, 2011 at 5:51 pm #Jason

    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.

  188. 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!

  189. March 22nd, 2011 at 6:41 pm #Jason

    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.

  190. 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?

  191. March 23rd, 2011 at 2:17 pm #Jason

    Your policy covers your vehicle for hail damage. If a covered event occurs to your vehicle (hail), you may file a claim.

  192. 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?

  193. March 24th, 2011 at 6:42 am #Jason

    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.

  194. 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?

  195. April 11th, 2011 at 12:05 pm #Jason

    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.

  196. 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.

  197. 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?

  198. April 12th, 2011 at 4:53 pm #Jason

    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.

  199. April 12th, 2011 at 5:06 pm #Jason

    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.

  200. April 12th, 2011 at 5:07 pm #Jason

    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.

  201. 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?

  202. April 15th, 2011 at 10:59 am #Jason

    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.

  203. 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.

  204. 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.

  205. April 21st, 2011 at 10:12 pm #Jason

    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.

  206. 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.



  207. 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.

  208. 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

  209. 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.

  210. 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?

  211. 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.

  212. 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.

  213. 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.

  214. 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.

  215. 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.

  216. 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?

  217. 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.

  218. 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?

  219. 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.

  220. May 5th, 2011 at 7:59 am #CA Will


    Can my insurance go after my son for damages they paid?

  221. 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.

  222. 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.

  223. May 5th, 2011 at 9:24 pm #Jason

    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.

  224. 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.

  225. May 11th, 2011 at 8:39 pm #Jason

    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.

  226. 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?

  227. 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?

  228. 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?

  229. 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.

  230. May 16th, 2011 at 6:01 pm #Jason

    Simply ask you attorney for the information you are seeking. You do know that your attorney works for you, don’t you?

  231. May 16th, 2011 at 6:09 pm #Jason

    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.

  232. 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

  233. May 17th, 2011 at 5:06 am #Jason

    Discuss all your options with your attorney including firing your attorney and not paying him in order to find out the consequences.

  234. 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.

  235. May 18th, 2011 at 11:15 am #Jason

    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.).

  236. 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?

  237. May 19th, 2011 at 3:51 pm #Jason

    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.

  238. 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

  239. 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?


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

    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.

  241. 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!

  242. May 24th, 2011 at 4:33 pm #Jason

    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.

  243. May 25th, 2011 at 9:15 pm #Jason

    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.

  244. 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?

  245. May 27th, 2011 at 9:49 am #Jason

    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.

  246. 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

  247. 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.

  248. 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.

  249. June 1st, 2011 at 8:25 pm #Jason

    Insurance is not dependent upon having inspection stickers that are current.

  250. June 1st, 2011 at 8:31 pm #Jason

    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.

  251. June 1st, 2011 at 8:37 pm #Jason

    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.

  252. 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.

  253. June 2nd, 2011 at 4:25 am #Jason

    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.

  254. 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?

  255. 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.

  256. 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…..


  257. June 8th, 2011 at 5:04 pm #Jason

    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.

  258. 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.


    -P.S. If you are going to give us grief about being (unknowingly) uninsured, please at least offer some help. Thanks.

  259. June 8th, 2011 at 8:20 pm #Jason

    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.

  260. 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,

  261. June 9th, 2011 at 5:55 am #Jason

    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?

  262. 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.

  263. 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.

  264. 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.

  265. June 9th, 2011 at 10:18 pm #Jason

    Thank you for your consideration. I have no employer or company I represent. Also, I have no web site address to post.

  266. 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.

  267. 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.

  268. June 10th, 2011 at 6:38 am #Jason

    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.

  269. 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.

  270. June 17th, 2011 at 4:09 pm #Jason

    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.

  271. June 19th, 2011 at 12:57 am #Hope


    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!

  272. June 19th, 2011 at 8:37 am #Jason

    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.

  273. 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!

  274. June 21st, 2011 at 7:02 am #Jason

    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.

  275. 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. 🙂

  276. 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?

  277. June 23rd, 2011 at 4:21 pm #Jason

    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.

  278. 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?

  279. June 25th, 2011 at 3:24 pm #Jason

    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.

  280. 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?

  281. June 26th, 2011 at 9:23 pm #Jason

    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.

  282. 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.

  283. July 1st, 2011 at 6:07 am #Jason

    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.

  284. 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?

  285. 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.

  286. July 4th, 2011 at 12:40 pm #Jason

    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.

  287. 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

  288. 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

  289. July 4th, 2011 at 1:49 pm #Jason

    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.

  290. July 6th, 2011 at 12:04 pm #ap


    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.

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

    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.

  292. 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… 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…

  293. July 7th, 2011 at 8:02 pm #Jason

    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.

  294. 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.

  295. 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).


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

    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.

  297. 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?

  298. 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?

  299. July 13th, 2011 at 2:12 am #Jason

    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?

  300. July 13th, 2011 at 2:15 am #Jason

    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.

  301. 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.

  302. July 20th, 2011 at 8:14 pm #Jason

    Do you have a question?

  303. July 20th, 2011 at 9:12 pm #Barry


    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.


  304. 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?

  305. 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?

  306. 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.

  307. 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.

  308. July 28th, 2011 at 5:10 pm #Jason

    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.

  309. 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!

  310. August 1st, 2011 at 7:45 am #Jason

    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.

  311. 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?

  312. August 2nd, 2011 at 7:44 pm #Jason

    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.

  313. 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?

  314. August 9th, 2011 at 5:28 am #Jason

    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.

  315. 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!


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

    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.

  317. 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.

  318. August 9th, 2011 at 9:15 pm #Jason

    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.

  319. 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.

  320. August 9th, 2011 at 11:37 pm #Mike

    O yea, and the car is a mustang. probably cant tell from the pic

  321. 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?

  322. August 11th, 2011 at 9:57 am #Nicole


    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.

  323. August 11th, 2011 at 5:41 pm #Jason

    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.

  324. August 11th, 2011 at 5:45 pm #Jason

    You should do the math and do what makes sense to you.

  325. 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.

  326. August 12th, 2011 at 10:20 am #mike

    Hey Jason mike here. Why did you delete my last comment and left it unanswered ???

  327. 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?

  328. August 12th, 2011 at 10:15 pm #Jason

    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.

  329. August 12th, 2011 at 10:16 pm #Jason

    Sorry, I didn’t delete your comment. Simply re-post it and I will address it for you, ok?

  330. 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.)

  331. August 13th, 2011 at 9:26 am #Jason

    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?

  332. 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?

  333. August 14th, 2011 at 10:51 pm #Jason

    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.

  334. 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.

  335. 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?

  336. August 16th, 2011 at 12:56 pm #Carlos


    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.

  337. 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….

  338. August 16th, 2011 at 5:06 pm #Jason

    Yes, that is fair for the other insurance company to repair your door.

  339. August 16th, 2011 at 5:09 pm #Jason

    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.

  340. August 16th, 2011 at 5:29 pm #Jason

    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?

  341. 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 ?

  342. 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?

  343. 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….

  344. 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!

  345. August 17th, 2011 at 8:28 am #Jason

    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.

  346. August 17th, 2011 at 8:30 am #Jason

    Probably not. Just get the car fixed. That is what the lien holder would want you to do.

  347. August 17th, 2011 at 8:32 am #Jason

    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.

  348. 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…

  349. August 17th, 2011 at 9:49 am #Katie

    Thank you!!! Will do.

  350. 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.

  351. August 17th, 2011 at 1:44 pm #Joe


    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

  352. August 18th, 2011 at 12:04 pm #Jason

    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.

  353. 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.

  354. August 18th, 2011 at 8:07 pm #Jason

    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.

  355. 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?

  356. 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.

  357. August 20th, 2011 at 5:45 am #Jason

    They can issue the check to you. Simply ask them to do that. They should not be sending a check to the body shop.

  358. August 20th, 2011 at 5:55 am #Jason

    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.

  359. August 20th, 2011 at 3:23 pm #Rosa

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


    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…


    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?

  360. August 20th, 2011 at 5:33 pm #Jason

    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.

  361. 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.

  362. August 22nd, 2011 at 8:20 pm #Jason

    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.

  363. 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

  364. August 23rd, 2011 at 4:10 pm #Jason

    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.

  365. 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.

  366. August 24th, 2011 at 11:45 am #Jason

    Do you have an insurance related question?

  367. 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 .

  368. August 24th, 2011 at 2:21 pm #Jason

    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.

  369. 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

  370. 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?

  371. August 25th, 2011 at 7:09 pm #Jason

    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.

  372. 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?

  373. August 29th, 2011 at 5:28 pm #Jason

    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.

  374. August 29th, 2011 at 6:08 pm #Barry

    Let us know how it turns out Jim!! Good luck!

  375. 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?

  376. 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?

  377. September 1st, 2011 at 5:26 pm #Jason

    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.

  378. September 1st, 2011 at 5:31 pm #Jason

    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.

  379. 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?

  380. 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.

  381. 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?

  382. 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.

  383. September 13th, 2011 at 9:32 pm #Jason

    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.

  384. September 13th, 2011 at 9:35 pm #Jason

    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.

  385. September 13th, 2011 at 9:40 pm #Jason

    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.

  386. September 13th, 2011 at 9:48 pm #Jason

    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.

  387. September 17th, 2011 at 8:12 am #William

    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.

  388. 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.

  389. 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.

  390. September 19th, 2011 at 9:58 pm #Jason

    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.

  391. 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.

  392. September 21st, 2011 at 8:21 pm #Jason

    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.

  393. 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.


  394. September 25th, 2011 at 6:31 pm #Jason

    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.

  395. September 28th, 2011 at 9:12 am #Mike


    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!

  396. 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!

  397. September 28th, 2011 at 9:07 pm #Jason

    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?

  398. September 28th, 2011 at 9:11 pm #Jason

    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.

  399. 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.


    Sorry I think I posted this earlier in the wrong section!

  400. September 29th, 2011 at 6:08 pm #Jason

    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.

  401. 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.

  402. 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)?

  403. 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.

  404. October 6th, 2011 at 8:34 pm #Jason

    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.

  405. 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?

  406. October 10th, 2011 at 8:43 pm #Jason

    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.

  407. 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?

  408. October 11th, 2011 at 10:39 am #Jason

    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.

  409. October 12th, 2011 at 8:22 am #Mike


    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?

  410. 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?

  411. October 13th, 2011 at 6:26 pm #Jason

    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.

  412. 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.

  413. October 14th, 2011 at 6:59 pm #Jason

    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.

  414. October 17th, 2011 at 8:10 am #Praveen


    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.

  415. October 17th, 2011 at 8:58 am #Stacy

    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???

  416. 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.

  417. October 17th, 2011 at 10:38 pm #Jason

    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.

  418. October 17th, 2011 at 10:41 pm #Jason

    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.

  419. October 17th, 2011 at 10:44 pm #Jason

    Talk to your agent and ask these questions to your agent.

  420. 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?

  421. October 18th, 2011 at 8:42 pm #Jason

    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.

  422. 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

  423. October 20th, 2011 at 5:38 pm #Jason

    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.

  424. 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.

  425. October 21st, 2011 at 9:16 am #Jason

    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.

  426. 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?

  427. October 22nd, 2011 at 8:23 am #Jason

    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.

  428. October 22nd, 2011 at 4:53 pm #Find great Pec Workouts!

    Heya i am for the primary time here. I came across this board and I to find It really helpful & it helped me out much. I am hoping to provide one thing back and help others such as you aided me.

  429. 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.

  430. 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?

  431. 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.

  432. October 24th, 2011 at 7:03 pm #Jason

    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.

  433. October 24th, 2011 at 7:14 pm #Jason

    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.

  434. October 24th, 2011 at 7:18 pm #Jason

    No, insurance does not address those kind of things. Only damage caused by accidents, hail, fire, or flooding, etc.

  435. October 25th, 2011 at 3:24 pm #Ramya

    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?

  436. October 25th, 2011 at 3:36 pm #Jason

    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.

  437. 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?

  438. October 26th, 2011 at 1:02 pm #Jason

    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.

  439. 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!

  440. October 26th, 2011 at 6:27 pm #Jason

    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.

  441. 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.)

  442. October 28th, 2011 at 5:07 pm #Jason

    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.

  443. 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.

  444. October 28th, 2011 at 5:53 pm #Jason

    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.

  445. 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.

  446. 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

  447. October 29th, 2011 at 2:46 pm #Jason

    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.

  448. 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.

  449. November 2nd, 2011 at 3:18 pm #Jason

    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.

  450. November 2nd, 2011 at 4:57 pm #Lester Wollman


    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?

  451. November 2nd, 2011 at 5:47 pm #Jason

    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.

  452. November 2nd, 2011 at 5:54 pm #Lester Wollman


    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.

  453. November 3rd, 2011 at 7:07 am #Jason

    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.

  454. 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,

  455. 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 –

  456. 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… 🙂


  457. November 4th, 2011 at 3:39 pm #Jason

    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.

  458. 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?

  459. November 5th, 2011 at 8:47 pm #Jason

    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.

  460. 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?

  461. November 6th, 2011 at 10:55 am #Jason

    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.

  462. 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?

  463. November 7th, 2011 at 7:01 am #Jason

    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.

  464. 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?

  465. 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.

  466. 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?

  467. November 9th, 2011 at 1:27 pm #Jason

    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.

  468. 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.

  469. November 13th, 2011 at 7:35 pm #Jason

    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.

  470. 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?

  471. November 14th, 2011 at 12:51 pm #Jason

    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.

  472. 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.

  473. November 14th, 2011 at 4:18 pm #Jason

    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.

  474. November 15th, 2011 at 10:32 am #JOHANNA BRADFORD





  475. 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?


  476. November 16th, 2011 at 8:21 am #Jason

    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.

  477. November 16th, 2011 at 8:32 am #Jason

    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.

  478. 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

  479. November 16th, 2011 at 10:17 am #Jason

    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.

  480. November 16th, 2011 at 10:22 am #william


    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

  481. November 16th, 2011 at 10:37 am #Jason

    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.

  482. November 16th, 2011 at 10:42 am #william

    Thanks for the help!

  483. 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

  484. November 17th, 2011 at 4:24 pm #Jason

    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.

  485. 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.

  486. November 18th, 2011 at 8:19 pm #Jason

    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.

  487. November 21st, 2011 at 6:39 am #Hildago


    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?


  488. November 21st, 2011 at 6:56 am #Jason

    No, you are not required to get the car fixed. You can use the funds anyway you want.

  489. 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.

  490. November 21st, 2011 at 10:41 am #Chris


    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?

  491. November 22nd, 2011 at 2:06 am #Jason

    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.

  492. November 22nd, 2011 at 2:09 am #Jason

    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.

  493. 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?

  494. November 23rd, 2011 at 7:11 am #Jason

    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.

  495. 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…….


  496. 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.

  497. November 28th, 2011 at 8:37 am #Jason

    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 There is some additional information we will ask in order to provide you with more detailed help.

  498. November 28th, 2011 at 10:05 am #reyna


    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?

  499. 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????

  500. 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!

  501. November 28th, 2011 at 11:28 pm #Jason

    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.

  502. November 28th, 2011 at 11:39 pm #Jason

    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.

  503. November 28th, 2011 at 11:54 pm #Jason

    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.

  504. 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.

  505. 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?

  506. November 29th, 2011 at 2:41 pm #mary

    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

  507. November 29th, 2011 at 8:41 pm #Jason

    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.

  508. 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.

  509. November 29th, 2011 at 9:37 pm #Jason

    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.

  510. December 1st, 2011 at 6:21 am #Nick Donovan


    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

  511. December 1st, 2011 at 12:41 pm #Jason

    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.

  512. December 3rd, 2011 at 12:08 am #movers chicago

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  513. 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?

  514. December 4th, 2011 at 6:05 pm #Jason

    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.

  515. 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?

  516. December 6th, 2011 at 6:54 am #Jason

    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.

  517. 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!

  518. December 7th, 2011 at 5:04 am #Jason

    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.

  519. December 8th, 2011 at 12:24 pm #Peter


    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?


  520. 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


  521. December 9th, 2011 at 5:18 am #Jason

    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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  522. December 9th, 2011 at 5:26 am #Jason

    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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  523. 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?


  524. 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?

  525. December 10th, 2011 at 7:19 am #Jason

    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.

  526. 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?

  527. December 10th, 2011 at 1:54 pm #Jason

    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”.

  528. 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.

  529. December 12th, 2011 at 2:40 pm #Jason

    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.

  530. 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.

  531. December 12th, 2011 at 9:21 pm #Jason

    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.

  532. 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?

  533. December 13th, 2011 at 6:48 pm #Jason

    Are you serious? The answer is obvious.

  534. 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?

  535. December 16th, 2011 at 7:42 pm #Jason

    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 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.

  536. 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.

  537. December 20th, 2011 at 4:21 pm #Jason

    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.

  538. 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?

  539. December 20th, 2011 at 5:42 pm #Jason

    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.

  540. December 23rd, 2011 at 9:40 am #GERARD


  541. December 23rd, 2011 at 9:48 am #Jason

    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.

  542. 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.

  543. December 23rd, 2011 at 10:19 am #Jason

    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.

  544. 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?

  545. December 25th, 2011 at 11:03 am #Jason

    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.

  546. 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?

  547. December 25th, 2011 at 6:32 pm #Jason

    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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  548. December 26th, 2011 at 11:26 pm #Aly Budhwani


    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.


  549. December 27th, 2011 at 9:12 am #Jason

    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.

  550. 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

  551. December 29th, 2011 at 7:50 am #Jason

    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.

  552. 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?


  553. December 29th, 2011 at 9:29 pm #Jason

    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.

  554. 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?

  555. December 30th, 2011 at 5:10 pm #Jason

    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.

  556. 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,


  557. 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,


  558. 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?

  559. December 30th, 2011 at 9:17 pm #Jason

    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.

  560. December 30th, 2011 at 9:46 pm #Jason

    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.

  561. 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.

  562. December 31st, 2011 at 6:45 am #Jason

    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.

  563. 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.

  564. January 1st, 2012 at 6:12 pm #David

    Hit by a Semi Truck on the Interstate…

    by David

    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.

  565. January 1st, 2012 at 7:41 pm #Jason

    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.

  566. January 2nd, 2012 at 11:32 am #Anna


    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!

  567. January 2nd, 2012 at 11:45 am #Jason

    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.

  568. January 2nd, 2012 at 12:06 pm #Anna


    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.

  569. January 2nd, 2012 at 3:23 pm #Jason

    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.

  570. 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!

  571. 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?


  572. January 4th, 2012 at 3:57 pm #Jason

    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.

  573. January 5th, 2012 at 8:39 am #Clauida


    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.


  574. January 5th, 2012 at 9:19 am #Jason

    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.

  575. 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?

  576. January 5th, 2012 at 10:13 am #Jason

    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.

  577. 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.

  578. January 7th, 2012 at 6:43 am #Jason

    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.

  579. 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.

  580. 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.

  581. January 7th, 2012 at 10:53 pm #Jason

    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.

  582. January 7th, 2012 at 10:59 pm #Jason

    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.

  583. 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… I have a case against Geico?

  584. January 10th, 2012 at 5:55 pm #Jason

    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.

  585. 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.

  586. 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??

  587. January 11th, 2012 at 4:21 pm #Jason

    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.

  588. January 11th, 2012 at 4:31 pm #Jason

    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.

  589. 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?

  590. January 12th, 2012 at 12:49 pm #buddy sanders

    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.

  591. 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.


  592. 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.

  593. January 12th, 2012 at 4:50 pm #Jason

    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.

  594. January 12th, 2012 at 5:28 pm #Jason

    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.

  595. January 12th, 2012 at 6:03 pm #Jason

    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.

  596. January 12th, 2012 at 6:04 pm #Jason

    No, the damage you described isn’t covered by insurance.

  597. 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.

  598. January 13th, 2012 at 12:38 pm #Richard


    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!

  599. January 13th, 2012 at 1:26 pm #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.

    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.

  600. 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!

  601. January 14th, 2012 at 2:59 pm #Jason

    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.

  602. 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?

  603. January 15th, 2012 at 7:08 pm #Jason

    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.

  604. 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.

  605. January 17th, 2012 at 9:34 am #Jason

    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.

  606. 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.

  607. January 17th, 2012 at 2:26 pm #Jason

    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.

  608. 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

  609. January 18th, 2012 at 9:06 am #Jason

    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.

  610. 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

  611. January 18th, 2012 at 10:59 am #Jason

    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.

  612. 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?

  613. January 18th, 2012 at 2:44 pm #Jason

    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.

  614. January 18th, 2012 at 3:38 pm #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. ”

    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?

  615. January 18th, 2012 at 8:42 pm #Jason

    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.

  616. 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.

  617. 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).

  618. January 19th, 2012 at 1:44 pm #Jason

    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.

  619. January 19th, 2012 at 3:27 pm #Jason

    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.

  620. 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 ?

  621. 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

  622. January 22nd, 2012 at 1:28 pm #Jason

    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.

  623. January 22nd, 2012 at 2:15 pm #Kevin

    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

  624. 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

  625. January 22nd, 2012 at 7:04 pm #Lee


    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.

  626. January 22nd, 2012 at 8:12 pm #Jason

    No, she has no right to sue you. She contractually gave away that right to her insurance company.

  627. January 22nd, 2012 at 8:20 pm #Jason

    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.

  628. January 22nd, 2012 at 8:25 pm #Jason

    Present this claim to the unit’s insurance company. There will be no other insurance companies involved.

  629. January 22nd, 2012 at 9:22 pm #Jason

    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.

  630. 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.

  631. 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?

  632. January 23rd, 2012 at 7:38 am #Jason

    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.

  633. January 23rd, 2012 at 7:41 am #Jason

    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.

  634. 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.

  635. January 24th, 2012 at 6:41 am #Jason

    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.

  636. 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??

  637. January 24th, 2012 at 3:58 pm #Emily


    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!

  638. January 24th, 2012 at 4:36 pm #Jason

    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.

  639. January 24th, 2012 at 5:10 pm #Kay


    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…

  640. January 24th, 2012 at 5:13 pm #Jason

    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…

  641. January 24th, 2012 at 5:27 pm #Jason

    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.

  642. January 26th, 2012 at 5:31 pm #Brenda

    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!

  643. January 26th, 2012 at 9:44 pm #Jason

    Tell this information to your adjuster. The truth is the best way to get though complicated situations.

  644. 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?

  645. 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.

  646. 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?

  647. 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 !

  648. January 27th, 2012 at 12:33 pm #Jason

    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.

  649. 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.

  650. 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. ???

  651. 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.

  652. 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.

  653. January 31st, 2012 at 7:37 pm #Jason

    He is making a claim. Pay it.

  654. January 31st, 2012 at 7:43 pm #Jason

    You claim is completed. That means it’s over and you will need to forget about this entire situation.

  655. January 31st, 2012 at 7:44 pm #judy

    my insurance said i am not liable. he should have maintained control of the car.

  656. January 31st, 2012 at 7:44 pm #Jason


  657. January 31st, 2012 at 7:48 pm #Jason

    You claim is over. I cannot stress it enough but it is over.

  658. January 31st, 2012 at 7:52 pm #Jason

    To 655. His the one that should be paid.

  659. 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.

  660. 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?

  661. February 1st, 2012 at 5:34 pm #Jason

    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.

  662. February 1st, 2012 at 5:40 pm #Jason

    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.

  663. 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?

  664. 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.

  665. 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.

  666. 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?

  667. February 2nd, 2012 at 9:45 am #Nikki

    Hi would my insurance go up if my car is an older car without airbags?

  668. 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.

  669. February 2nd, 2012 at 6:52 pm #regina

    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

  670. February 2nd, 2012 at 7:44 pm #Jason

    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?

  671. 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.

  672. 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.

  673. 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?


    (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)

  674. 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

  675. February 5th, 2012 at 8:18 am #Jason

    Please post in one or the other area. We check all areas. W. will answer over there.

  676. February 5th, 2012 at 8:46 am #Jason

    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.

  677. 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.

  678. February 5th, 2012 at 10:46 am #Daral

    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?

  679. February 5th, 2012 at 8:52 pm #Ricci

    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

  680. February 6th, 2012 at 6:54 am #Jason

    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.

  681. February 6th, 2012 at 11:29 am #Jane

    I was wondering if anyone has an insight on my question? Post#666

  682. February 6th, 2012 at 5:08 pm #Jason

    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.

  683. 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 ?

  684. February 6th, 2012 at 7:11 pm #Norbert

    can you help me with this problem?

  685. February 7th, 2012 at 9:20 pm #Jason

    Your insurance will not help you with your damage.

  686. 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)

  687. February 8th, 2012 at 9:38 am #Kari

    B Martin-
    No you are not.

  688. 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.

  689. 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?

  690. February 8th, 2012 at 3:17 pm #yeiko

    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

  691. February 8th, 2012 at 5:31 pm #Jason

    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.

  692. February 8th, 2012 at 5:48 pm #Jason

    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?

  693. February 8th, 2012 at 6:37 pm #Kari

    Yeiko- what you can do is provide comparables to the adjuster. Sometime that helps. Good luck!

  694. 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.

  695. 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.

  696. February 9th, 2012 at 3:30 pm #Gary

    Thank you.

  697. 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.

  698. February 10th, 2012 at 9:46 am #Eva


    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?

  699. February 10th, 2012 at 11:21 am #Jason

    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.

  700. February 10th, 2012 at 11:39 am #Jason

    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.

  701. 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.

  702. February 10th, 2012 at 7:21 pm #Jason

    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.

  703. 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.

  704. 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.

  705. February 11th, 2012 at 1:53 pm #Jason

    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.

  706. February 11th, 2012 at 8:22 pm #Andrew Ravindra


    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”.

  707. February 11th, 2012 at 9:24 pm #Jason

    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.

  708. 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!!

  709. February 13th, 2012 at 11:48 am #Jason

    It sounds like it will work out just like you need it to.

  710. February 13th, 2012 at 12:50 pm #Andrew Ravindra

    Thanks Jason!

  711. 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?

  712. February 13th, 2012 at 8:13 pm #Jason

    Your policy sounds like an hybrid type policy that we don’t know enough information about.

  713. 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?

  714. February 15th, 2012 at 12:53 pm #Jason

    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.

  715. 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?

  716. February 15th, 2012 at 6:07 pm #Jason

    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.

  717. 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?

  718. 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…

  719. February 16th, 2012 at 1:51 pm #Jason

    Viewing a car’s damage is usually always from the exterior of the car so what you ask can be answered with a yes.

  720. February 16th, 2012 at 1:53 pm #Jason

    We don’t know enough about what’s going on to provide you with any helpful information.

  721. 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.

  722. February 16th, 2012 at 4:17 pm #Katie

    Thank you for answering my questions.

  723. 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!

  724. 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?

  725. 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?

  726. 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!

  727. 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

  728. 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

  729. 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.

  730. 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!

  731. March 2nd, 2012 at 5:58 pm #Stressed out


    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???

  732. March 4th, 2012 at 1:08 am #Crashed


    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?

  733. March 4th, 2012 at 1:40 am #Barry

    Anyone know what happened to Jason? Kind of boring on here without him…

  734. March 4th, 2012 at 2:35 am #admin


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

    For those of you who want automatic notices of new comments on this website, just click on the “comments (rss)” link at the bottom right corner of the page.

  735. 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??

  736. March 4th, 2012 at 8:45 am #Stressed out

    …ctd sorry correction to point A) he is NOT and did not

  737. March 10th, 2012 at 5:40 am #Kevin


    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”…

  738. 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.

  739. March 10th, 2012 at 10:06 am #crashed


    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.

  740. 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.

  741. March 11th, 2012 at 12:19 pm #Barry


    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.

  742. 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?

  743. March 11th, 2012 at 1:58 pm #crashed


    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.

  744. 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.

  745. 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.

  746. March 15th, 2012 at 1:34 pm #Benjamin Bean


    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.

  747. March 15th, 2012 at 5:20 pm #Crashed


    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.

  748. 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,

  749. March 15th, 2012 at 6:04 pm #admin


    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.

  750. March 15th, 2012 at 10:32 pm #Charlene

    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.

  751. March 16th, 2012 at 6:20 am #Crashed


    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.

  752. March 16th, 2012 at 9:20 am #Benjamin


    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,

  753. March 16th, 2012 at 9:50 am #Jason

    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.

  754. 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?

  755. 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.

  756. 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.

  757. 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?

  758. 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.

  759. March 22nd, 2012 at 7:42 am #Jason

    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.

  760. 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.


  761. 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.

  762. 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.

  763. March 28th, 2012 at 3:02 pm #Jason

    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.

  764. 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.

  765. 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.

  766. March 30th, 2012 at 4:01 pm #Jason

    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.

  767. 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.

  768. April 2nd, 2012 at 8:07 am #Hash

    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.

  769. 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?

  770. 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.

  771. 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.

  772. April 2nd, 2012 at 5:49 pm #Jason

    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.

  773. 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?

  774. 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?

  775. 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?


  776. 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

  777. 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.

  778. April 15th, 2012 at 11:24 am #Jason

    Submit your claim to your insurance company and let them figure it out.

  779. 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?

  780. April 19th, 2012 at 10:06 pm #Barry


    Are you claiming more than $100,000 against the other party?

  781. April 20th, 2012 at 7:44 am #Jason

    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.

  782. April 20th, 2012 at 7:52 am #Jason

    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.

  783. April 24th, 2012 at 4:36 pm #Jay


    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.

  784. April 24th, 2012 at 5:03 pm #Jay


    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?

  785. April 24th, 2012 at 7:40 pm #Jason

    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.

  786. 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

  787. May 1st, 2012 at 3:14 pm #Jason

    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.

  788. 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?

  789. May 2nd, 2012 at 10:47 am #Jason

    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.

  790. May 2nd, 2012 at 10:59 am #Jim


    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?

  791. May 2nd, 2012 at 12:20 pm #Jason

    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.

  792. 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

  793. May 3rd, 2012 at 8:02 am #Jim


    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!!

  794. May 3rd, 2012 at 7:22 pm #Jason

    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.

  795. 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.

  796. May 5th, 2012 at 7:08 am #Jason

    If you have physical damage insurance coverage, you can make a claim with your insurance company.

  797. 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.

  798. May 8th, 2012 at 10:28 am #Jason

    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.

  799. May 21st, 2012 at 1:14 pm #to smart for you or nor 2smart for you

    It’s in reality a great and helpful piece of info. I’m glad that you shared this useful info with us. Please keep us up to date like this. Thanks for sharing.

  800. 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

  801. 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?

  802. July 12th, 2012 at 9:40 am #Jason


  803. 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.

  804. 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.

  805. July 18th, 2012 at 5:00 pm #Jason

    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.

  806. July 21st, 2012 at 12:10 pm #Stevo Jeffro

    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

  807. 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?

  808. July 23rd, 2012 at 10:34 am #Jason


    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.

  809. 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.

  810. July 23rd, 2012 at 2:42 pm #Jason

    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.

  811. 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

  812. July 23rd, 2012 at 8:46 pm #Jason

    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.

  813. 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”

  814. July 24th, 2012 at 2:29 am #Steveo

    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.

  815. July 24th, 2012 at 6:34 am #Jason

    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.

  816. July 24th, 2012 at 6:39 am #Jason

    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.

  817. 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.

  818. 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?

  819. 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?

  820. August 1st, 2012 at 7:27 am #Jason

    Yes, they can.

  821. 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?

  822. August 25th, 2012 at 9:25 am #Jason

    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.

  823. 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

  824. August 25th, 2012 at 6:10 pm #Jason

    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.

  825. August 25th, 2012 at 8:45 pm #Anthony

    I understand Jason.
    Thank you so much for your help.

  826. 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.

  827. August 27th, 2012 at 10:24 am #Jason

    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.

  828. October 4th, 2012 at 5:36 am #Grace


    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 🙁

  829. October 4th, 2012 at 8:01 am #Jason

    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.

  830. 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.


  831. 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.

  832. October 19th, 2012 at 5:28 pm #Jason

    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.

  833. 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

  834. October 24th, 2012 at 4:48 pm #Jason

    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.

  835. 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.

  836. October 30th, 2012 at 1:19 pm #Jason

    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.

  837. October 30th, 2012 at 1:39 pm #Amy

    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?

  838. October 30th, 2012 at 2:06 pm #Jason

    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.

  839. 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!

  840. November 19th, 2012 at 2:29 pm #Jason

    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.

  841. November 19th, 2012 at 8:15 pm #Lissa


    Thanks so much for your reply and information!

  842. 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!

  843. December 9th, 2012 at 7:47 am #Jason

    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.

  844. 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.

  845. December 30th, 2012 at 11:43 am #Jason

    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.

  846. 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

  847. January 3rd, 2013 at 7:17 am #Jason

    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.

  848. 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)

  849. January 4th, 2013 at 9:10 pm #Jason

    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.

  850. 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.

  851. January 8th, 2013 at 5:36 pm #Jason

    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.

  852. 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.

  853. January 14th, 2013 at 8:13 pm #Jason

    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.

  854. January 15th, 2013 at 9:15 am #Jason

    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.

  855. 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.

  856. January 16th, 2013 at 7:53 pm #Jason

    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.

  857. 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.

  858. January 16th, 2013 at 8:14 pm #Jason

    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.

  859. January 18th, 2013 at 8:34 am #Deana


    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!

  860. January 18th, 2013 at 8:50 am #Jason

    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.

  861. 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.

  862. January 18th, 2013 at 9:53 am #Jason

    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.)

  863. 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?


  864. January 18th, 2013 at 5:29 pm #Jason

    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.

  865. 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.

  866. January 18th, 2013 at 8:02 pm #Jason

    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.

  867. 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..

  868. January 28th, 2013 at 6:09 pm #Jason

    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.

  869. 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!

  870. January 29th, 2013 at 9:11 pm #Jason

    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.

  871. February 2nd, 2013 at 3:37 pm #etienne


  872. February 2nd, 2013 at 3:47 pm #Jason

    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.

  873. 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.

  874. February 5th, 2013 at 11:35 am #Jason

    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.

  875. 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.

    ( 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

  876. February 7th, 2013 at 7:29 pm #Jason

    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?

  877. 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

  878. February 7th, 2013 at 7:51 pm #Jason

    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.

  879. 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

  880. February 7th, 2013 at 8:24 pm #Jason

    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.

  881. 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

  882. February 10th, 2013 at 6:42 pm #Jason

    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.

  883. 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.

  884. February 13th, 2013 at 10:54 am #Jason

    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.

  885. February 13th, 2013 at 10:58 am #Jason

    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.

  886. February 13th, 2013 at 11:33 am #Michelle


    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.

  887. 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?

  888. February 14th, 2013 at 4:20 pm #Jason

    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.

  889. February 14th, 2013 at 4:36 pm #Joe


    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?

  890. February 14th, 2013 at 4:59 pm #Jason

    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.

  891. February 14th, 2013 at 5:12 pm #Joe

    Thanks for the advice Jason, I appreciate it.

  892. 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.

  893. February 14th, 2013 at 6:08 pm #Jason

    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.

  894. 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.

  895. February 22nd, 2013 at 11:51 am #Jason

    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.

  896. 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 ?

  897. February 25th, 2013 at 1:04 pm #Jason

    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.

  898. 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 ?

  899. February 25th, 2013 at 2:43 pm #Jason

    If your dad didn’t hit their car, then he has nothing to worry about.

  900. 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!

  901. February 26th, 2013 at 9:06 pm #Jason

    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.

  902. 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?

  903. March 1st, 2013 at 12:55 pm #Jason

    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.

  904. 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.

  905. March 4th, 2013 at 2:10 pm #Jason

    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.

  906. 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).

  907. March 5th, 2013 at 9:27 pm #Jason

    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.

  908. 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?

  909. 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.

  910. March 15th, 2013 at 8:24 am #Jason

    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.

  911. 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….

  912. March 16th, 2013 at 11:03 pm #Jason

    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.

  913. 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?

  914. March 18th, 2013 at 6:30 pm #Jason

    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.

  915. 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.

  916. March 19th, 2013 at 11:31 am #Jason

    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.

  917. 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.

  918. March 20th, 2013 at 9:24 am #Jason

    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.

  919. 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.

  920. March 20th, 2013 at 2:35 pm #Jason

    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.

  921. 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?

  922. March 21st, 2013 at 7:47 am #Jason

    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.

  923. March 21st, 2013 at 2:41 pm #Victoria

    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.

  924. March 21st, 2013 at 2:57 pm #Jason

    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.

  925. March 22nd, 2013 at 9:33 am #Victoria

    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 right now but he definetly under rated the Intrepid.

  926. March 22nd, 2013 at 9:43 am #Jason

    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.

  927. 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?

  928. March 29th, 2013 at 12:05 pm #Jason

    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.

  929. 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

  930. April 3rd, 2013 at 6:13 pm #Jason

    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.

  931. 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?

  932. April 4th, 2013 at 4:40 pm #Jason

    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.

  933. 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.

  934. April 10th, 2013 at 11:57 am #Jason

    Keep calling your insurance company and ask for the claim manager or the claim manager’s manager until you get your claim settled.

  935. 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?….

  936. April 24th, 2013 at 5:01 pm #Jason

    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.

  937. 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!!!

  938. April 24th, 2013 at 5:18 pm #Jason

    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.

  939. April 28th, 2013 at 8:40 pm #Jared L


    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

  940. April 28th, 2013 at 8:46 pm #Jason

    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.

  941. 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

  942. April 28th, 2013 at 9:17 pm #Jason

    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.

  943. 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?

  944. May 9th, 2013 at 7:24 pm #Jason

    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.

  945. 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.

  946. 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.

  947. May 19th, 2013 at 6:55 am #russ

    insurance denying claim before being filed based on statenents from accident

  948. May 19th, 2013 at 7:53 am #Jason

    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.

  949. 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.

  950. May 23rd, 2013 at 6:56 am #Jason

    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.

  951. 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.

  952. June 11th, 2013 at 8:39 pm #Jason

    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.

  953. 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?

  954. June 28th, 2013 at 7:57 pm #Jason

    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.

  955. 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?

  956. July 3rd, 2013 at 11:22 am #Jason

    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.

  957. 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??

  958. July 7th, 2013 at 9:30 pm #Jason

    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.

  959. July 14th, 2013 at 11:11 am #Mel

    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.

  960. 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?

  961. July 17th, 2013 at 3:33 pm #Sofia Love

    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?

  962. July 18th, 2013 at 3:12 pm #Jason

    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.

  963. July 18th, 2013 at 3:31 pm #Jason

    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.

  964. 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.

  965. July 19th, 2013 at 5:53 am #Jason

    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.

  966. 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?

  967. July 23rd, 2013 at 7:54 pm #Jason

    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.

  968. 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.


  969. July 25th, 2013 at 5:44 pm #Jason

    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.

  970. 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?

  971. July 29th, 2013 at 9:16 am #Jason

    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.

  972. 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?

  973. July 31st, 2013 at 9:25 pm #Jason

    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.

  974. 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

  975. 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.

  976. August 17th, 2013 at 6:51 pm #Jason

    If the damage was the result of accidentally getting some of the product on the paint, then comprehensive should cover that damage.

  977. 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.

  978. August 19th, 2013 at 12:19 pm #Jason

    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.

  979. 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?

  980. August 20th, 2013 at 5:53 pm #Jason

    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.

  981. 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.

  982. 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?

  983. 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?

  984. September 9th, 2013 at 7:53 am #Jason

    If you have rental coverage, submit your rental expenses to your insurance company and request that they pay it.

  985. September 9th, 2013 at 8:04 am #Jason

    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.

  986. 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 ?
    mark l. sinagel

  987. September 17th, 2013 at 8:19 am #Jason

    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.

  988. 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?

  989. September 17th, 2013 at 3:58 pm #Jason

    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.

  990. 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.

  991. 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.

  992. 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.

  993. September 23rd, 2013 at 6:51 am #Jason

    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.

  994. 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?

  995. October 1st, 2013 at 8:45 am #Jason

    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.

  996. 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?

  997. October 3rd, 2013 at 10:38 am #Jason

    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.

  998. 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?

  999. 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?

  1000. October 12th, 2013 at 10:24 am #Jason

    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.

  1001. 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?

  1002. 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?

  1003. October 12th, 2013 at 3:15 pm #Jason

    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.

  1004. October 12th, 2013 at 5:23 pm #Kristina Archuleta

    Thank you very’s hoping I can figure this all out. Thanks I appreciate your time 🙂 Kristina

  1005. 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?

  1006. October 13th, 2013 at 4:46 pm #Jason

    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.

  1007. 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

  1008. October 16th, 2013 at 4:39 pm #Jason

    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.

  1009. 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?

  1010. October 23rd, 2013 at 12:46 pm #Jason

    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.

  1011. 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.

  1012. October 29th, 2013 at 7:19 am #Jason

    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.

  1013. 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

  1014. November 1st, 2013 at 8:33 pm #Jason

    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.

  1015. 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!

  1016. 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!

  1017. 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!

  1018. November 10th, 2013 at 2:59 pm #Jason

    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.

  1019. 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!

  1020. 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.


  1021. November 11th, 2013 at 11:38 am #Jason

    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.

  1022. 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?

  1023. December 3rd, 2013 at 7:21 pm #Jason

    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.

  1024. 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.

  1025. 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?

  1026. December 4th, 2013 at 1:21 pm #Jason

    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.

  1027. December 4th, 2013 at 1:28 pm #Jason

    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.

  1028. 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?

  1029. December 6th, 2013 at 9:35 am #Jason

    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.

  1030. 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

  1031. December 13th, 2013 at 7:56 pm #Jason

    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.

  1032. 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.

  1033. December 22nd, 2013 at 10:00 am #Jason

    If there is comprehensive coverage for the truck, file a claim and find out.

  1034. 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.

  1035. December 30th, 2013 at 8:01 am #Jason

    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.

  1036. 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.

  1037. December 30th, 2013 at 1:37 pm #Jason

    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.

  1038. 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.

  1039. January 1st, 2014 at 7:39 am #Jason

    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.

  1040. 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?

  1041. January 16th, 2014 at 12:42 pm #Jason

    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.

  1042. January 16th, 2014 at 2:45 pm #Anne

    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.

  1043. 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

  1044. January 19th, 2014 at 6:12 pm #Jason

    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.

  1045. 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.

  1046. January 19th, 2014 at 6:46 pm #Jason

    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.

  1047. 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?

  1048. February 7th, 2014 at 9:58 am #Jason

    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.

  1049. 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.

  1050. February 7th, 2014 at 10:35 am #Jason

    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.

  1051. 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.

    T. Boyd

  1052. February 23rd, 2014 at 6:37 am #Jason

    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?

  1053. 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.

  1054. 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.

  1055. 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?

  1056. March 22nd, 2014 at 9:36 am #Jason

    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.

  1057. 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

  1058. March 25th, 2014 at 7:45 pm #Jason

    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…”.

  1059. 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?

  1060. March 31st, 2014 at 5:47 am #Jason

    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.

  1061. 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?

  1062. April 1st, 2014 at 8:41 pm #Jason

    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.

  1063. April 27th, 2014 at 2:40 am #Bilal

    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!

  1064. April 27th, 2014 at 5:57 am #Jason

    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.

  1065. 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?

  1066. April 28th, 2014 at 4:52 pm #Jason

    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

  1067. 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?

  1068. April 30th, 2014 at 12:46 pm #Jason

    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.

  1069. 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

  1070. 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.)

  1071. May 5th, 2014 at 11:40 am #Jason

    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.

  1072. May 5th, 2014 at 1:50 pm #Robin

    Thanks, I was thinking of 22,000 is that too much in your opinion?

  1073. May 5th, 2014 at 4:42 pm #Jason

    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.

  1074. 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.

  1075. May 5th, 2014 at 5:19 pm #Jason

    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.

  1076. May 5th, 2014 at 7:32 pm #Kevin


    Thank you…that is great advice, I will pursue and update accordingly. Thanks again!



  1077. 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.

  1078. 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.

  1079. May 7th, 2014 at 3:06 pm #Kevin

    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.

  1080. May 7th, 2014 at 3:31 pm #Jason

    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.

  1081. May 9th, 2014 at 5:34 pm #Kevin

    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?

  1082. May 9th, 2014 at 6:57 pm #Jason

    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.

  1083. 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.

  1084. May 29th, 2014 at 9:30 pm #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.

  1085. 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

  1086. June 1st, 2014 at 8:50 pm #Jason

    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.

  1087. 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 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?

  1088. June 2nd, 2014 at 2:10 pm #Jason

    With bad or incomplete information, you essentially stopped any consideration for your injury. There is nothing you can do.

  1089. 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.

  1090. June 2nd, 2014 at 6:08 pm #Jason

    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.

  1091. June 4th, 2014 at 9:45 pm #jeff


    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???

  1092. June 5th, 2014 at 7:13 am #Jason

    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.

  1093. June 5th, 2014 at 7:55 am #Barry


    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.


  1094. June 5th, 2014 at 8:23 am #Jason

    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.

  1095. 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