Insurance Claim Law and Unfair Practices - FREE Q&A

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

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

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

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

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

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

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

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

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

Hello Dale,

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

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

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

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

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

Hello Bonnie,

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

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

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

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

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

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

Hello Peter,

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

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

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

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

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

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

Hello John,

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

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

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

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

Hello Denise,

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

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

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

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

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

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

Daniel,

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

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

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

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

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

Connie,

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

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

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

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

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

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

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

Hello Corey,

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

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

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

Hello Pat,

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

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

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

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

Hello Michelle,

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

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August 21st, 2009 at 7:26 pm #Barb

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

Hello Barb,

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

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

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

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

Hello Jim,

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

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

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

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

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

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

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

Hi,

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

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

Goodneighbor,

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

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

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

KM,

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

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

Jeff,

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

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

Hello,

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

Cortley,

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

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

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

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

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

Hi –

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

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

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

Maite,

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

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

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

Shel,

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

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

Maite,

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

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

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

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

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

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

Sunny,

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

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

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

Joe,

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

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

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

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

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

Hello,

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

Jennifer,

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

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

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

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

Jennifer,

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

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

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

Hello,

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

Patricia,

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

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

Marty,

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

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

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

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

Please i need clarification on this.

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

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

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

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

Olumide,

Very unusual claim for the people here.

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

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

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

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

BJN,

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

Elaine,

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

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

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

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

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

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

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

Can anyone help TB?

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

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

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

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

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

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

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

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

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

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

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

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

Janice,

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

Shannon,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Okay so here is my situation,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Adding on to car accident. The adjuster first said after 2 days following accident they are denying claim cause their client filed a stolen car report but they didn’t have the report number. After calling her back to check on police report #, then she said their was no stolen report filed that they received certified letter from their client saying car was stolen. After a couple of weeks the story from adjuster said they never said they wouldn’t pay and needed 30 more days to get the report. a month later called and they said not paying due to driver not identified in police report.
April 22nd, 2011 at 12:34 pm #mr m

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

Daughter was hit and totaled car and driver left before police got there, but their car was at the scene. The insured according to adjuster sent certified letter stating her car was stolen after we asked for stolen report number that she was to get. Police did not issue stolen report after the fact. Insurance denied my claim stating insured name was not on the police report at time of accident. Another victim in the accident also can identify the driver as he spoke with her. Can insurance deny my claim for this reason? Should I sue

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

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

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

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

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

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

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

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

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

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

Peggy,

Try your questions on the Auto Insurance Claims page.
May 26th, 2011 at 5:47 am #David

I was rear ended by a school bus, the school district is asking me to get two estimates. In Arkansas. Is there a law forcing me to get two estimate for a claims?
June 20th, 2011 at 7:42 pm #Kelli

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hello there,

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

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

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

Responding back:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jason,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jason,

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

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

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

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

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

hello,

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

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

Jason,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hi,

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

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

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

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

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

Marissa,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hello

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

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

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

Jason

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thank you so much for your help Jason.
October 5th, 2011 at 4:53 pm #admin

Dear website visitors,

Most of our questions and answers for October 3rd and 4th were lost as a result of a malware attack on our website. In addition, some of our pages were “redirected” to malware websites. We have now incorporated stronger security measures.

While we have no proof as to the original source of the hackers, suffice to say that this website had never experienced hacking problems until shortly after we posted the page “BOYCOTT FARMERS INSURANCE?” which exposed criminal acts by Farmer’s CEO and their Los Angeles based attorney Richard O Knapp.
October 10th, 2011 at 10:31 am #Christina

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jason,

thank you for your very thorough answer.

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

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

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

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

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

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

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

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

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

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

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

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

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

Jason,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Just a general question about a hail damaged vehicle.

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

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

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

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

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

Question,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hello,

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

Thanks –

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jason,

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

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

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

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

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

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

Jason,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. No

3. Are you serious? Why?

4. That question makes no sense.

5. We don’t answer fraud questions

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

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

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

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

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

Hit by a Semi Truck on the Interstate…

by David
(Florida)

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

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

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

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

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

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

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

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

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

Any assistance/answers would be most sincerely appreciated.

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

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

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

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

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

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

Level — What?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thanks for the info, Jason.

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

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

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

Counting my blessings.

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

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

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

Thanks

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

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

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

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

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

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

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

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

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

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

Update: (and questions/comments appreciated please)

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

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

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

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

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

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

Thank you,

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

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

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

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

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

Thanks again,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

My advice in pursuing insurance claims:

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

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

Thanks again, Jason.

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

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

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

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

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

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

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

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

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

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

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

Hi,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Asleigh,
Don’t fight the system. Just do it so the $5000 repair does does not drag on and on . You may have had it differently before but this is the option you have before you right now You have not provided any information why you would not be comfortable doing this. You just stated that without any support for that reason.

If your car is damaged, get it fixed so it’s safe to drive around while it is in disrepair. Remember, they will provide you a rental car but the longer you delay with your tactics, you will find them stopping your rental allowance and you will incur rental expenses even though your b.f. can driver during this short period of time. You won’t always be going to the same place with him so don’t count on your options because they can go away rather quickly if you keep delaying. Bottom line – get your car fixed and and stop trying to control the situation.
January 27th, 2012 at 5:25 pm #confused

Hello….
I hav a delima…. a couple of weeks ago I was side swiped by this lady…..called the Police but they said that they would not go unless there was an injury involved. She did not hav insurance or a drivers licence…reported it to my insurance co. And they are finding her at fault….trying to get her to pay the deductible but she wont……she has no licence…no insurance…how do I get the Police involved??? They didn’t want to come out in the first place. I own the car and the insurance wants to kno what body shop I’m going to hav it repaired at….the even want to send an adjuster out there…when the car was already estimated by there collision center…what i want to kno is do i hav to get it fixed and shouldn’t they just make out the check to me?? They said if I start repairs before their adjuster goes out to see the car that then they wont pay….im confused…i kno its a long story but plz ..plz…i need advise badly…ASAP
January 28th, 2012 at 7:12 am #carol ghiloni

Hi,
I was involved in a one car accident.[Jan.8,2012] [I was driving] For some reason I went off the right side of the road, hit an electric pole, then hit head on into a tree. I don’t remember anything because I was knocked out cold. Just for the record, I was sober.
I was transported to our local hospital. [I live in Ohio] Then flown to OSU in Columbus with a level 2 head trama. I am doing good. Thank God.My car insurance sent me a letter wanting me to complete a medical authorization and give them all my doctors names and phone numbers. they said for me to send them the bills and they would decide if they were necessary medical services also for me to give the hospital thier information and to send the bills to them. They also want the doctors to send them medical records.Do I have to do this.
Thankyou, Carol Ghiloni
January 28th, 2012 at 10:12 am #Jason

Carol,
Yes.
January 28th, 2012 at 10:59 pm #Jarrod

I was in an accident and i hit someone on the side who was turning left. Their fault, right? The police said they were going to report us both at fault for her: not yeilding and I: for not slowing down. Whuuuaat?? ok i was driving over the speed limit but she pulled out in front of me…. anyway i just wanted to know if my insurence is going to go up and how much money i would get (if any) for my totaled car if its worth 2,000.
January 29th, 2012 at 1:26 am #Jason

Jarrod,
It would be rather easy to answer questions if you provided us all the information we needed. Were you turning on a green light? Was the other driver turning on a green light? Do you have collision insurance. When a police office reports that that both are going to be reported for fault, it’s not clear cut to figure out.

Let’s just put it this way. If there is at least one person paying attention to the roadway and the activities of the the other drivers, there would be a lot less accidents. To say that you are at fault or not is completely impossible. To indicate you are going to get any money based on the circumstances of this accident is impossible.
January 29th, 2012 at 5:54 pm #Bryan

I own a 2007 Yamaha Rhino and it caught on fire and is a total loss. Would it be cover under my auto insurance since I drive it or under my Home owners isurance since it is personal property and I keep it in my garage? Need some guidance here it was a 7000.00 loss.
January 30th, 2012 at 11:59 am #Ellen

My son had my car parked on the street at college. Another car parked up against my car and he could not pull out. He called the police and filed a police report. They found the owner of the car and had him move. He did two very large cracks to my bumper. On the police report it had his insurance listed as Blue Cross/Blue Shield. I called him and said I know that is not car insurance and then he gave me the correct policy information as USAA. They sent an adjuster out and said it would be $810 to replace the bumper. I asked what happens next and he said I need to call There seems to be an issue. When I got in contact with the home office, she said that now the driver of the other car is claiming he does not recall hitting my car and that he came out and found a note on his car to contact the police. I have a police officer as a witness, an accident report, and my son took pictures on his cell phone. She said she had to speak to his father. How can they get away with not paying if all the evidence points to him at fault? Can the father make the decision not to pay?
January 30th, 2012 at 12:22 pm #angela

1. we had insurance for 3 years and recieved a letter stating tat our home never really was covered and refused to give our money back, is that legal;?
2. we had h/o and car ins through another company for 5 years and we swapped car ins because it was cheaper now they are gonna drop us because we need a soffit board fixed, is that legal?
January 31st, 2012 at 9:16 pm #John

Hi there!
So my insurance is allstate. I got involved in an accident on Dec 9, 2011, adjuster gave me a check for the deductible and the check came out to $709.00. I send my car to a dealership and have them repair it and it started on Jan 19, 2012. However, since school started on Jan 23, 2012 and due to my status of unemployment, I have spend all the check on school supplies such as books, and paid for my classes or else I will be drop. My car was already done on Jan 29, 2012 and is ready for pick. Now I have a major situation. My question is: Will Allstate issue another check for? or do I have to pay it out of my pocket for the deductible?
February 1st, 2012 at 8:25 am #John Doe

Hello,
My situation goes as follows. I got into an accident and the lawyer who took on the case sent me the settlement check but had wrong year. So i got rid of that check and had him send me another one. Well it took awhile so i called him and left a message stating that it was taking a long time. So i get the Check finally and cash it. Then a week later i receive another check so i am thinking that it the second part of the claim so i cashed that too. Keep in mind the lawyer never returned my calls or emails so i had no idea what was going on. Well here he issued another check because it was taking to long and i had no idea because he would not contact me back. Now i am being threatened by the fast cash loan but i dont feel like i did anything wrong can anybody help me out here? So to sum it up i got 2 checks from my lawyer and was only supposed to get one but i cashed them both thinking they were mine and i was only suppossed to cash 1. Can i get in trouble?
February 1st, 2012 at 4:00 pm #Kari

John Doe-
Did you not know the amount of money you were supposed to get? Did you not think that it was strange that you received two checks? Yes, you could get in trouble, since the money you kept isn’t yours.

John-
Really? You used the claims money to pay for items it wasn’t intended for. No, they will not just “give you” another check. They have paid you want they needed to. You now have to pay out of your own pocket.
February 1st, 2012 at 6:07 pm #Jason

Kari,
You have no basis for providing John with the information you did. You have no understanding what those checks were for. John, on the behalf of Kari, I apologize to you because I’m fairly certain she won’t. The check could be for medical bills, property damage, pain and suffering. Kari, you don’t know.

John there is a long standing rule in this country that if you didn’t order anything and your received it by mail, it is yours to keep for ever. If Kari didn’t get anything like this, I’m sure her main issues is that she is jealous. You have nothing to worry about.
February 1st, 2012 at 6:14 pm #Jason

Ellen,
Nice job with the collecting the evidence. This guys is going go to be sorry he lived hat he had medical insurnance when he had auto insurance. It’s a a shame that the members or our armed forces (USAA) and their families lie like this. I hope the judge provide punitive damage for his incredible deceit.
February 1st, 2012 at 6:18 pm #Jason

John, what do you think? Do you think they will offer you another check? If they did, I’m fairly certain it will be more more money than originally because time has passed and because of inflation. Also, they the have to realize that school cost has gone up more than normal.
February 1st, 2012 at 6:18 pm #Jason

John, what do you think? Do you think they will offer you another check? If they did, I’m fairly certain it will be more more money than originally because time has passed and because of inflation. Also, they the have to realize that school cost has gone up more than normal.
February 1st, 2012 at 6:26 pm #Jason

Angela,
You paid a premium and you received coverage for 3-5 years. Sure you may not have had any claims during that time but because of that, do you think they should return your premiums? If you get them to return your premiums back, can you ask for them to return my premiums back too? I haven’t ever had a claim in my entire life.
February 1st, 2012 at 7:23 pm #Kari

Jason- regarding John, from the question he posed- he spent the money on school not the car- he was asking again from what he posted- will he get more money- the answer is doubtful. You sir have no basis to assume that he would be entitle to more money from admitting he spent it on school. And

regarding John Doe- if you don’t think the lawyer will come looking for the money that wasn’t his to begin with is just wrong. And to advise someone that it is his to keep again is wrong I am sorry that you feel so threatened when someone else is a bit more knowledgable in the commen sense area than you, forcing you to act like a child. If he knew he shouldn’t have received two checks then he shouldn’t have cashed it. Period. Shame on you for promoting dishonesty.Per John Doe himself- he was sent check 1 with the wrong date so he destroyed- another was issued with correct date- in the meantime his finally got around to correcting the first check and sent a 3rd. Therefore he had been sent a duplicate. Why else would he be threatened? Could it be because someone wants the overage back. Use your brain there big guy!
February 3rd, 2012 at 6:15 am #Ellen

Jason:

Thanks for the response. When you said Military Insurance my heart sank. I forfot! My son was in a serious rollover car accident a few years ago and the driver had USAA. All I wanted for them to do was pay his medical bills. They gave me such a hard time and told me I had to claim it through my medical insurance and they would pay the deductible. I didn’t feel that was right so I ended up getting a lawyer and suing them.

Once I emailed them the pictures of the damage to my bumper, I received a phone call an hour later stating they agree their driver was at fault and is sending me a check in the mail. Glad it’s over and hope I never have to deal with that insurance company EVER again!
February 4th, 2012 at 7:52 pm #Linda

My son was in a car accident today, no one was hurt and minor damage was done to his car. Question is the driver that was at fault had no insurance (Police report was filed) and if my son turns it in on his which is (full coverage) his rates will go up. With it being minor damage he’ll be lucky to get his insurance company to pay any thing after the deductible.Can he take him to small claims court to get him to pay for the damages with out turning it in to his insurance company.
February 5th, 2012 at 8:56 am #Jason

Linda,
Car repairs are expensive. If you are asking if his rates will go up if he files this claim and it’s not his fault, the odds of that are really, really low. If your son was at fault, then your son’s rates would very likely go up.

Taking someone to court is a lot of work and effort and if his insurance pays for the damage, part of his insurance company’s process is to request the at fault driver to pay for the damage that was caused. If the damage is enough to warrant a claims action (suit), the insurance company will do that as well. But if your son wants to do the insurance company’s work instead, he is allowed that option.
February 5th, 2012 at 9:06 am #Jason

Ellen,
Thanks for the feedback.
February 6th, 2012 at 3:37 am #Akash

I need norms set by irda for car insurance claim and survey pls if u could help me
February 6th, 2012 at 7:01 am #Jason

Akash,
Please be more specific with what you want. What are norms? What are IRDA’s” and what are survey pls?
February 6th, 2012 at 2:25 pm #elizabeth

I have a question. I had a minor accident. In the 23rd I put a claim because the other person was at fault so I wanted the damage repair..so the car I was driving wasn’t under my policy so they told me nothing could be done because the car wasn’t under my policy. Should I call the other persons insurance and make a claim there since it was his faultt? And are they going to ask me if I have insurance and if so what should I say? And if I tell them that the car wasn’t under my policy would they want to fix my car? Someone help me please. Thanks
February 6th, 2012 at 4:58 pm #Jason

Elizabeth,
The most common courtesy thing here to do is notify the owner of the car you were driving that it was in an accident if you haven’t done so already. Perhaps the owner of he car doesn’t have the same intentions as you do so that is why it’s important that the owner know what is going on.

This important to some and you might know what it means but I’m sure more of us don’t so please help us out. When you say “…so they told me nothing could…” — Could you please tell us who “they” are that you referred to?

Again, when you say, …And are they going to ask me…” Who do you mean when you use the term, “they”?

The thing you need to tell people is the truth. If you have insurance, that is what you should let who ever asks you know and if you need to elaborate under which car you have insurance, that might go a long way too.

Again, and I can’t believe I keep having to do this, who do you mean when you say, “…and if I tell them that the car… Who is “them” that you refer to?
February 6th, 2012 at 8:15 pm #Hazel

I got rear-ended 2 weeks ago. The other party’s insurance is paying for my car’s repair. Today, I received a check from the adjuster but my last name was misspelled. Is this ok or should I have them resend it with my correct name written on it? Also, what if the amount is not enough for the repairs, will the repair shop contact the insurance for additional payment or I should pay & have it reimbursed?
February 7th, 2012 at 9:00 am #vickbob

there was a fire in our small town and doing damage to a business of my mother in laws.. there is a lein on the building with the bank and there is another lein showing my husband owes money to the irs and they attached a lein also and a bank that is no longer in business which there is no money owed to them. and one other thing they put another bank on the check which was filed on bankruptcy in 2004. so my question is what can we do we got the check from my mother in laws insurance and it was made out to the bank that she filed bankruptcy on and the irs and the bank that is out of business where there is no money owed to them. so what do we do.
February 10th, 2012 at 3:55 am #Hirosh

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

Please, please advise me…

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

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

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

I feel like as soon as I signed the lein it gave him a free license to run up the bill because even if the insurance company refused to pay, I’d have to. I am scared to get an attorney and rack up the bills even higher for myself. Also, it might be another party trying to make money and not help me. Plus, do I need a PI attorney to deal with the insurance company AND some kind of fraud attorney to deal with the Chiropractor??

Is it really possible to owe $9k for doctor bills for an accident that was 0% my fault? What do I do???
February 10th, 2012 at 12:51 pm #Jason

Suzanne,
You saw a chiropractor for 29 visits. You say, “I was in so much pain and needed help, so I gladly signed it in exchange for promised healing.” yet you go to a chiropractor instead of an ER or hospital.

Were your provided medication to take for your unbearable pain? And if so, how much, and who prescribed that?

Do you realize what kind of person you are dealing with when he types up a “sue you” letter and asks you to sign it? How did you find this chiropractor? Regarding this letter, you went to his office to pick up the letter? I fail to understand why you didn’t sign it and send it.

What you have is a mess. You have a chiropractor that is inflating his bills. You say, “the other insurance company paid your car repairs & rental very quickly.” Yet, you are now saying this insurance company is low balling. Is this the same insurance company that paid for your car and rental quickly or are we talking about 2 different insurance companies. Could it be that the chiropractor is inflating is bills and your insurance is not low balling, but being fair?

Please help us put this into perspective. What is the speed limit on the road in which this happened? Was the other vehicle and your car the only ones in this accident? How many ambulances were were dispatched to this accident scene? How many days was your car in the shop? How much were the repairs? Were there any other people in either vehicle and if so, what were their injuries or fatalities?

Did you also have TENS prescribed at this chiropractor’s office to you? Again, what ER room or hospital did you go to? How often and for what duration was the TENS to be used?

Yes, that is correct. If the insurance company doesn’t pay, then you, because of your lien, would be responsible for paying the inflated bill. Throughout the 29 visits, you should have been able to figure out something was not right. This chiropractor was going go get paid his inflated rates and somehow it’s going to go full circle to you as the one having to pay it. If you want to respond to the …complete. e-mail address in orange at the top of this site, you can do that.
February 12th, 2012 at 1:45 pm #Kim Clemetson

Unsure how to respond to settlement offer.
In August 2010. My daughter was hit from behind. They fled from scene but caught later. Their insurance has settled for my car. My daughter was a minor at the time. We notified them via mail that there would be a bodily injury claim. She had signed for intent to run track competitively for the college she was going to attend. (She has post-concussion syndrome from high school basketball injuries. It was resolved enough for our Dr. to “okay” her to run at college.) The accident caused her to have back pain that triggered her headaches again. We have had medical bills and treatments done but she lost her scholarship as she was unable to run per MD order. All the medical charts were given to their claims adjuster. As of February 2012, we rec’d an offer of $1000.00 for settlement from them. I know that it is a low-ball offer. I am not trying to milk this, but with the loss of the scholarship she was to receive; she had to pay for college. This doesn’t include her time, gas, food expense of traveling for her medical treatment. I want to ask for 8,000.00 settlement (we have not responded yet). I don’t want to play the back-in-forth game. Is it alright to attach a statement at the end of the offer. “If this is not accepted, I will start increasing the amount for pain and suffering, which I have not asked for at this point.” It’s not meant to be a threat, I just want to get this settled. Claim adjuster called my daughter and stated she already headaches so they don’t have to pay for per-existing condition. My daughter told them to talk with me. Is verbal permission enough of permission for me to settle this claim as she is now over 18 or do we need to send a notarized statement? I understand that they can not use her post concussion syndrome as an per-existing condition to relieve them from a settlement. It is true?
February 12th, 2012 at 6:07 pm #Jason

Kim,
Your daughter’s claim is too complicated to discuss on this forum. If you want this to settle for the range you mentioned, an attorney will need to be secured because the insurance company values your daughter’s claim at $1000. There is a lot that your daughter’s attorney would have to prove and those items will not be easy to prove.
February 13th, 2012 at 4:49 pm #Kim Clemetson

Thanks for you prompt answer. I appreciate the honesty.
February 14th, 2012 at 5:30 pm #brandon

My girlfriend was an uninsured driver involved in a minor accident, rear end at 30 mph, a year ago. She was called by the other parties insurance company and sent a bill. she has been paying on in for a year and was just sent another bill a few days ago for the other person’s medical. I called and the insurance company claims they can collect medical for 3 years and the original bill was just for damage to the car. Do they have to prove that it is her medical? I know there are all kinds of laws protecting medical but to charge her and she doesn’t know what she is paying for sounds outrageous. Can i get legal assistance to get proof of the bills or what is the best way? We are tempted to just say forget it and quit paying to just file bankruptcy. Can they really just charge for unto 3 years? If she is insured now can she claim it on her insurance and have them settle? Can I get some help please and thank you?
February 14th, 2012 at 5:38 pm #Jason

Brandon,
If you want them to prove it, ask the insurance company to prove it’s a medical bill related to the accident.

The 3 year is related to any medical treatment received within 3 years. They can collect on it longer than 3 years.

No, she cannot claim this accident on her current insurance because it depends on who insurance was on the date of the accident which was no company.
February 15th, 2012 at 11:19 am #Tammy

Someone hit our truck and the adjuster gave us a check in our name for $7000. We ended up getting lesser repairs made at a shop and spent about $4000. The progressive agent found out where we were getting the vehicle repaired and sent them a copy of his estimate. The repair shop owner was furious with us and said we were not allowed to keep the difference. Mony is gone. What now?
February 15th, 2012 at 12:42 pm #Jason

Tammy,
You and the shop owner had an agreement what to fix. The shop fixed everything at your agree price for about $4000. I see nothing wrong with the situation and nobody should be upset.
February 15th, 2012 at 2:16 pm #Tammy

So I would not owe the insurance company any money back?
February 15th, 2012 at 3:09 pm #Jason

Tammy,
No, the insurance confirmed your damage was $7000. You got $4000 of that total amount of damaged fixed. You were paid for the damage and your claim is very likely closed.
February 15th, 2012 at 4:05 pm #Mike

A car ran a red light, hit the car next to me that was pushed into my truck. I contacted the at fault driver’s insurance company and was told she is underinsured and wouldn’t be able to cover the repairs to my truck and the car that hit me.

Can I file a claim against the driver of the car that hit me even though he was hit by the other car? If not, it looks like I will have to file a claim with my insurance company, pay the deductible and try to get it back in small claims court.
February 15th, 2012 at 4:10 pm #Jason

Mike,
The car that hit you was not negligent so they aren’t responsible for your damages. Yes, you will have to file through your own insurance.
February 15th, 2012 at 10:43 pm #Tami h

I rent out a home and in my ins. policy there is a section stating whats not covered. The renter dwelling ins states flooding,ground seepage,sump pump etc is not covered. I had renters there for over a year and one day they came to my leasing agent statimg the basement was leaking. He went right over and found they hadnt paid their electric bill and sump pumps dont run without electricity. Bill immediatly plugged the sump pump into tje neighbors and got the 3 feet of water out then he had me turn on the power.neither bill nor I had any idea they were living without power. The electric company wont say what there statis is on there bill due to privacy laws. insurace company wont pay because of the water clause yet I (the home owner) didnt have a clue they didnt have electricity and so the sump pump was off therefor filling my finished basement with several feet of water ruining the drywall,etc. Do I have any recourse to take against state farm since there was no way for me to know. I’d like to get back some or all of the money ive spent out of pocket for cleaning up and repairing the damages they caused.
February 16th, 2012 at 6:37 am #Ally

My recent auto claim has been sent to the departments SIU and they would like to get a statement from me. The damages are about $2000. What is the purpose of investigators? If I drop my claim before making the statement and pay the damages out pocket will this investigation go away or make the situation worse? I am 7 months pregnant and don’t need the extra stress. Thanks for your help!
February 16th, 2012 at 8:27 am #Jason

Tami h,
Probably not. It doesn’t matters the reason why it happened, something that is not covered happened.
February 16th, 2012 at 8:29 am #Jason

Ally,
We don’t have enough information from you to provide you with a response. The reason for the SIU is because they believe your claim may not be valid. We don’t know what the ramifications would be if you dropped your claim.
February 16th, 2012 at 9:58 am #Jes

We had a fire back in September and we had a bunch of property that was claimed and we received two acv checks for. My understanding is I only have to submit receipts to the insurance company to get the depreciation back on the items that I paid more than the ACV value I was given. What happens if I do not send any receipts in as most of the items I was able to replace with the ACV money and some items I chose not to replace. They can’t come back and charge me with fraud if I decide to not send in any receipts can they?
February 16th, 2012 at 10:52 am #David

after several rough storms in my area i started noticing a few small leaks in my roof. i contacted the roofer i have always used and after he inspected the roof he told me the roof was definitely damaged by hail. i contacted the insurance company and they sent a guy to check it out, my ankle was broken at the time so i couldnt climb on the roof with him, after a quick inspection he told me there was no damage. since that time i have had three more roofers look at it and they all say it is most definetely damaged, the insurance refuses to pay..they will not even send another adjuster to look at it. what can i do if anything? most every other house on my block has had new roofs because of hail damage, but mine refuses to pay..
February 16th, 2012 at 1:45 pm #Jason

Jes,
No, that’s how it works. it you don’t want to make a claim for any additional amount above what they paid you as far as ACV, you don’t have to. There is nothing wrong with that.
February 16th, 2012 at 1:47 pm #Jason

David,
See if you can get a claim manager involved and have your roof reinspected by someone other than the original person.
February 17th, 2012 at 5:12 pm #Jeremy

I was rear ended in PA and my camry hybrid 2011 was determined a total loss by progressive (my ins company). The other driver was with Erie ins. I had a loan on my car and also loan/lease payoff coverage. Progressive first told me I could pay the salvage value and get my salvage title. Than I asked the total loss rep and she said I couldn’t b/c of the loan lease payoff. I asked how much the salavge was and she said the estimate is for $9,000, than I asked how much damage there was and she they stopped the estimate when they hit $11,000. They are going to subrogate Erie anyway so why can’t they come up with a total damge to my car – loss of value – money saved from rental etc. and let me bye my car for $5000 salvage and sell it on my own to help recoup my losses? I understood this was the case but it seems like progressive is using my misfortune to profit and I’m out my down payment and everything else. Please advise if I have any recrouse with progressive or are they as bad as everyone says.

Thanks!
J
February 18th, 2012 at 10:06 am #Sukanya

This is Sukanya from Illinois. I previously had a chat with you over the mail couple of weeks ago regarding my car accident. I was driving my husband’s car and had an accident in the parking lot hitting three cars. I was not insured at that time.As told you earlier, since I am an unemployed person, it is not possible for me to pay the amount for the damage of the three cars. Later, we came to know that one of the cars was totaled and the amount the owner got was 3200$. But we didn’t hear anything from his insurance company.. neither did they claim anything yet. But today we got a call from the owner of the car that he had rented a car during the last few days and now he is claiming the rental car amount which is 300 bucks from us. He said that he called his insurance company for the amount but they told him to claim the amount from us and if we deny the amount, then he can file the case in the court and they assured him that he will win the case. He then told my husband that if we can settle it between us, then we will have to pay less… else in the court the expense we gonna bear is going to be more. So we are quite a bit confused as to why we will be going to pay his rental car expense. Paying the damage is considerable but can you suggest me what we can do now to avoid this. Your help will be appreciated.

Thanks & regards,
Sukanya
February 20th, 2012 at 10:14 am #Mark

Hello, Thanks for all the help you put out on your website. My situtation is as such – a friend was backing out of her driveway into the road, had started turning her car to go straight down the road and was hit on the corner of her bumper by a neighbor across the street also backing out that didn’t notice her in the road. She took extensive photographs and contacted her insurance right away. At first her insurance company told her the fault was 50/50 (after speaking with the other party who had changed her story to both were backing out at the same time even though the photos and the damage to both vehicles contradicted that statement). Then after sending the photos and telling the adjuster she would not accept that since it wasn’t true, her adjuster sent her an email stating that they had decided it was the other party’s fault after all. Her adjuster told her that she had to contact the other insurance company and wait for their ruling, but in the meantime she could get the car fixed and her insurance company would pay minus the $1,000 deductible, which she may or may not get back. The question is – shouldn’t an insurance company that you pay a premium to be the one to fight the other insurance company to get you refunded in full? Why should she have to contact the other insurance company when she has one who she turned in the accident information to? I am not familiar with insurance practices but this strikes me as unsettling and not in line with what insurers are paying for? Is this standard operating practices and/or should she sue the neighbor directly? Thank you.
February 22nd, 2012 at 1:17 am #Aro

Hi everyone I have a question. In 2009 I was insured by Allstate and I get in accident . Allstate try to avoid to pay for claim so they sue me and the other people for possible fraud and because I not cooperate with them. So I should hire a Lawer and pay my money to protect myself. But there is the thing they send me a letter where they say that Allstate will pay for any legal espenses regarding that claim. So I won that case and Allstate agree to pay for that claim. Now I want to reimburse my legal expenses from Allstate so can anybody tell my how to do that? Thanks Aro
February 22nd, 2012 at 1:18 pm #Dan

Hello legal eagles, I am being taken to small claims court in California for an incident involving my Truck damaging a customer’s driveway. The incident was reported to my insurance company who is currently in the process of investigating and most likely paying for the damage. How can someone litigate an issue that is currently in the insurance process? Thanks, Dan
February 23rd, 2012 at 1:54 am #Deen

I hope someone will answer my question. I rear ended a car on jan.1. The police came, to a report and relued me at fault.The. problem was that i was uninsured at that time. So the other driver’s insurance contacted me and i told them that i will pay them out of pocket. At this time, i asked adjuster how much do i have to pay themm and she said they have gave the guy a check in the amount of $ 1200. I felt like that was more than the damage cos the damage wasnt really a big on. I asked the adjuster how the payment will go, she told to wait till she refer the claim to the subrrogation department. Because i afraid to lose my licence for driving without insurance, i couldnt do the waiting and i was calling them. i eventually spoke to the subbrogation lady and to my surprise she said the total amount is 2,829 instead of1200 the adjuster told me. Also the letter statet that there could be more money like rental etc. I felt that this people want to take my advantage cos i wasnt insureda at that time. Am ready to pay them for the damage but not the inflated amount. What do you think i should do? can they report me to dmv for driving without insirance. What are my rights?
February 24th, 2012 at 5:33 am #Von

I have received a check from the insurer(who was at fault in the auto accident,because of which my vehicle was totaled), her insurance company issued me a check for the sales tax of my totaled vehicle. However, the insurance company misspelled the last letter in my last name, the last letter should have been n, but they typed a m. Is it o.k. for me to still cash the
check?

Thank you
February 25th, 2012 at 11:12 pm #Raheal

Hi can someone plese give me an advice….

Well I got in to car accident in 2010…. Someone told me to file a claim
For benifits now my insurance claim is settling and insurance settle for 14g
And am getting only two thousand dork…
The clinic I bin going to they taking more then half of it and I see bills from the time when I haven’t bin to clinic… Then how can they bill my insurance compney when I haven’t even bin to clinic I think they did some fake signature or something ….. They taking money which I haven’t bin treated for ….. So plz help me figur out what should I do
February 25th, 2012 at 11:27 pm #Kari

Von- take it to your bank- ask them- some will be okay with it others won’t. If they aren’t, contact the adjuster and have a new check issued with the correct spelling.
February 26th, 2012 at 6:16 am #kim

I was in car accident wasn’t my fault the other person told the truth but I was driving on suspended license I’m I still title to anything Please help.I’m in pain
March 3rd, 2012 at 10:17 am #Morgan

Hello,
Hit a deer with my truck. It’s a 2002 S10 so to say the least it damaged it badly. The hood needs replaced, actually the whole front end. The passenger’s side was demolished. THe drivers side is completely loose even though my head light and turn signal works I need a new assembly. The passenger’s front fender is now pressing against the door so that it doesn’t open and is dented and scraped. The adjuster did not even quote all the damage to my vehicle. Said it was lucky to be $3,000 in damag but the body shop says that will be the work alone because it will take more than 8 days to repair. He also said he could get salvaged parts in yards 5 and 6 hours away for cheap but I am a student and nurse that doesn’t have time to travel to get these parts. I haven’t accepted the offer from them nor any checks. I still owe on the truck because I had gotton it new. My concern is, do they not have to fix all the damages to my vehicle as a result of the deer or can they just pick and choose what they fix? Also, can they adjust my price based on parts they found in areas so far away? Is it too far fetched for me to believe my vehicle should be restored backt to the condition it was in prior to my accident?
March 3rd, 2012 at 12:03 pm #Kari

Morgan- my first question is, why didn’t they “adjust all of the damages” if you don’t know then you need to ask your adjuster.
March 3rd, 2012 at 4:25 pm #Kelsey S.

Hello,

last year on June 2nd 2011, I was in an auto accident. I was traveling in the fast lane (far left lane) on the freeway During stop and go traffic. The carpool lane was also to the left of me, and there was a large cargo van traveling in that lane. The van suddenly cut in front of me and slammed on his breaks due to the traffic in front of us coming to an abrupt halt.

Because the van slammed on his breaks after squeezing itself between my car and another, I wasnt able to stop in time and I clipped the side of the van. I tried to swerve but there was just not enough space or time for me to avoid this accident. I immediately filed a report with highway partol. The officer said because the van shouldnt have been merging lanes that the accident wasnt my fault.

In this situation, the driver of the van pretended like he didnt feel the impact of the collision, and kept driving away. Because we were in stop and go traffic, the driver wasnt able to speed away, and within the first few moments of the impact it didnt appear that he was not planning on stopping.

By the time that he was at a far enough distance away where I realised he wasnt stopping, I couldnt see his license plate number therefore the police considered it a hit and run when I was filing the report on the side of the freeway.

After the accident, my insurance company paid to fix my vehicle with virtually no hassles whatsoever. About a week after the accident, I realised that the stiffness caused by the shock of the accident had turned into a significant pain, particularly in my right hip (the hip attatched to the leg attatched to the foot that slammed on the break right before the impact).

Because I had already given a recorded statment where I indicated I had no injuries, I called the claims agent back to ask him if it was still okay to seek chiropractic adjustments under my PIP coverage. He stated that was not a problem and that was what PIP was for.

I went to a chiropractor for about 4 months, he was able to help me get to a point where it no longer constantly hurt to walk around and sit. Now almost a year after the accident, I still have constant headaches as well as pain in my right hip that causes me to toss and turn every night.

Right after the 4 months of chiropractic treatments, the bills for the care were submitted to my auto insurance carrier UAIG. At that point, they then began to question the claim by submitting it to the SIU (special investiagions unit). The insurance company then requested that I submit to an EUO. Once I got a lawyer, they have cancelled the EUO for a later date they have not yet specified. The original date was the last week of November 2011. It is now March 3rd 2012.

After researching the reasons an insurance company will request an EUO, I feel that they are either suspecting me of fraud, or of exagerating a claim. Even though I am still in pain every day from that accident, they are dragging out the claims process and have not given a definate answer of whether they will pay my chiropractor for the $3000 of bills I accumulated.

Also, I would like to continue to see the chiropractor, but I am afraid to rack up any more bills until I know whether or not I am going to have to set up payment arangments for the care Ive already received in the past.

My main questions are: What is the point of requesting an EUO, then delaying the process once I hire a lawyer? Does the fact that I was 7 months pregnant during that accident have anything to do with the request for an EUO? Do I still have a chance at getting compensation for the PIP claim now that I just recently switched to GEICO? And finally, what in this situation most likely caused the insurance company to request an EUO in the first place. Please advise, Thank You 🙂
March 3rd, 2012 at 6:28 pm #Alicia

I was hit on a private road by my neighbor. She ran into me leaving my drivers door smashed in. She was driving fast on ice, lost control and slid into me. When she got out of her vehicle, she was very rude and told me that I could call her if I had a problem, and she went on. Unfortunately, I didn’t call the police bc my insurance had over lapsed by a week. I was very sick and had forgotten about it. Their insurance company called me and asked me for a statement. After I told them what had happened, they called back the very next day and told me that all damages would be covered. Now my neighbor is mad and keeps calling me asking me for my insurance information. I don’t understand why bc it was her fault. There’s proof, her headlight is busted and my door has her cars paint on it. I got insurance right after the accident happened. Will I get into trouble? I’m not sure what to do. I had been very ill and wasn’t even going to work the week I didn’t have insurance and then bam… first day back to work… my neighbor hits me. Thanks for reading
March 4th, 2012 at 2:46 am #admin

I have no idea what happened to Jason. I sent him an email a long time ago, but no response. This website would be a lot better if some of you would step up to the plate and start answering questions. I know you are out there and listening because there are hundreds of you who subscribe to RSS Feeds for this website.

For those of you who want automatic notices of new comments on this website, just click on the “comments (rss)” link at the bottom right corner of the page.
March 5th, 2012 at 6:33 pm #Liliana

I totaled my car in an accident and I have only liability insurance. Can I recover salvage cost from my insurance in California?
March 9th, 2012 at 5:30 pm #Stacey

my brother wrecked his motorcycle. His throttle stuck and shot him across a busy 4 lane street. totaled his bike. His auto insurance gave him $1000.00 check. His medical insurance will not pay any of his medical bills pertaining to that accident due to the fact that he did not use that $1000.00 check on medical bills. Can they actually do this?
March 13th, 2012 at 10:02 pm #abby

Hi about a month ago my car was stollen the insurance company says that they are done with their investigation ( car was set on fire totaled) they sent me a proof of loss form to be filled out and mailed back to them they wanted to know how much I thought they should pay me for the loss of my car and the carseats for my kids my car only books for like 4200 in exalent condition but it was a nice car in perfect shape nothing wrong and low miles after doing research on how much it is going to cost me to get the same car with around same miles I can’t find one within 200 miles of my house for less than 5990 and no more than 8,688 what do I ask them for on this form
March 13th, 2012 at 10:10 pm #abby

Ps. How long does it take for them to get all this stuff done and cut my check my car was not paid off still owe 1300 on it so do they give blue book or do they replace your car I have two small kids and have to have a car but I can’t make 2 payments a month
March 14th, 2012 at 6:29 pm #Amanda

Hi. I was the passenger in my boyfriend’s truck; He ran into a tree, totaled his truck and collected a claim for the truck. I got somewhat injured and need to at least get checked out..xrays will likely be done. I know his insurance will already go up since he claimed his truck but will it go up even more if I decide to sue his insurance?
Also I know sometimes there’s stack insurance, so with suing the other persons auto insurance in the house, will it make their rates go up?
March 16th, 2012 at 2:03 am #RAKESH DESAI

I HAVE A KOTAK LIFE INSURANCE ULIP PLAN. I PAID ONE PREMIUM THEN I DONOT PAY ANY MORE. IS THERE ANY POSSIBLE WAY TO GET MY MONEY BACK
March 16th, 2012 at 4:21 pm #Sam

Hi,
I was involved in a accident on Februrary 1st and I received the ticket and declared my fault, and I just received phone call(my adjuster) today regarding the other parties claims. I’m guessing they were waiting on the police report to be released and during that time they hired an attorney to collect their claims, I’m scared of the word “attorney” and I was wondering what I should expect from this.

My insurance covers upto $100,000 in liability coverage… Do I have anything to worry about? Did they hire the attorney because the weren’t able to get to my insurance company last month? I am insured with Allstate by the way.
March 19th, 2012 at 11:30 am #kristi

So march 9th a girl hit my car in the walmart parking lot. she gave me all of her information and that night i called my insurance company since it was her fault my insurance called hers and reported the claim. the next day her insurance came out and took pictures of my car and faxed me an estimate that same day. they told me it would take 2 or 3 days to get a check but they said they first would need to get in contact with the girl that hit me because since the accident she has yet to call her insurance company and that have to get her said of the story before paying me. well its been almost 2 weeks they said that the girl will not answer or return any of their phone calls. I dont know what to do. should i sue her?
March 19th, 2012 at 11:42 am #Holly

Hi Jason holly again.. earlier this year i asked about changing the check on who i wanted to repair my vehicle for hail damage you responded with this:

If you found another place to repair the other vehicle, have them re-issue the check to you, or if a lien holder carries the loan, then the lien holder and you. Then work out the details of the repairs with the lien holder. If the body shop has extra money, they won’t want to return it.

I now had it fixed by the guy and they paid him what he charged then wrote a check to the lien holder and I for the balance of the claim. How do i go about cashing this check.. will the lien holder want to keep it even though i got the vehicle fixed?
March 19th, 2012 at 11:49 am #Jason

Send it to your lien holder with support that the car is fixed and ask that they sign it and return it back to you.
March 22nd, 2012 at 4:49 pm #Chris

Progressive made a check to me and my lienholder. Since it is all parts I have the ability to replace (about $4500), am I legally allowed to replace the parts, make the repairs myself and make the lienholder accept this? Or have it written off that it has been repaired? Or can they force me to do repairs at a “professional” shop?
March 24th, 2012 at 7:44 pm #Jasmine

Hi I got into an accident two days ago. It was my fault and the car was towed to a body shop that was a member of Farmer’s circle of dependability shops (my insurance). I was told by my insurance I could leave it there for assessment. It is going to be torn down for a proper estimate by the shop and I’ll be given a quote in a couple of days. How will my insurance decide if it’s totaled? Would they just base it off of the body shop’s estimate or will a separate appraiser check it out? Also if the body shop thinks it might be totaled, can I just withdraw my claim and pay for the repair myself? I can ask the body shop to repair just the most complex damage and look for another cheaper shop for the rest of the repairs.
March 25th, 2012 at 8:01 am #Sofiya

Hi, I hit another car in a parking lot last Thursday. I waited for the owner of the car. When she showed up a few minutes later, I gave her my insurance info and my personal cell. She reported the incident to her insurance who in turn filed a claim with my insurance. I confirmed the details with both insurances as I was at fault. She then called me later and proposed that I pay her directly for the estimate that she got from the repair shop and she will drop the claim. I was a little confused as I have never been in such a situation before. Please advise:
1) If I cover her damages personally, does the claim still remain in my history with my insurance?
2) Does it help me in any way to pay her or the repair shop directly? (I would not pay her because then I have no leverage)
3) If I have her sign and notarize any further liabilities relating to this incident, can she still come after me?
4) Should I inform my insurance company that she has approached me with this offer?

Thanks!
March 25th, 2012 at 5:30 pm #Jason

Sofiya,
1. You had an at fault accident. This is part of your driving record and will be considered whether there is a payout or not.

2. No.

3. Why would you consider even opening up that can of worms?

4. Who cares if she approached you or not? Don’t deal with it with the other person. That is why you have liability insurance coverage.
March 25th, 2012 at 8:37 pm #Sofiya

Thank you Jason for the prompt and clear response.
March 27th, 2012 at 10:07 am #Shelly

My car was hit and the insurance company paid the repair shop, I chose for almost 11000 in damage to my car that was only 9 months off the lot. I have learned a very expenisive lesson in that I was trying to help the “little guy” rather than taking it to the dealer. The little guy had my car for 6 weeks, then dropped it off at my home. After going over the car, I sent it back with a list of things that needed to be done right. Door didn’t close right, damaged seal around passenger window, paint or clearcoat drips & chips, headlight not in properly, traction control switching off and on, the list goes on. Long story short, car comes back second time… some things repaired others not. He is sorry says he doesn’t have the money to do anymore work and that the dealer needs to fix the traction control. My husband was dumbfounded, and brought the car home.
I brought the car to the dealer for the traction and other things that need to be finished. The insurance adjuster went down to the dealer too. They are saying a lot of the things that insurance paid for has not been done, or done right and that my paint looks horrible. The insurance company says I’m on my own because I did not pick a preferred shop.
The dealer says he will give me an estimate and that I would have to pay out of pocket or go to small claims court. I’m not really sure what to do from here. What proof / steps do I need to take for small claims? What kind of damages can I seek? I just want my car fixed the right way, my accident was 12/19/2011 are there any time limitations?
Do auto body shops carry insurance to cover situations like this? Or will this be out of his pocket?
March 27th, 2012 at 10:32 am #Jason

Shelly,
This is between you and the incompetent body shop. It is clear this body shop is incapable of doing the repairs properly and there is no need to explain it any further because you already know the specifics.

The issue you have is a contract/performance issue and that is a legal concern, not an insurance issue. This has nothing to do with insurance any longer. The insurance company did what it was supposed to do and they have no further obligation.

Almost all the questions you posed are legal questions. To find those answers will require an attorney. We don’t provide legal advice here.

The last question we can answer. The shop may or may not carry insurance based on how shoddy they run their business. Let’s just say they do carry insurance. That insurance will specifically exclude the lack of repair or the sub-par repair this guy did.

What is difficult to comprehend is how the check the insurance company, written out to the body shop and you, was signed over to the body shop without the car being repaired properly. By signing that check to the body shop, you accepted the condition of the repairs.

On your second attempt to get this car fixed properly, take it to a reputable repair shop and realize that the repairs are out of pocket for you. Don’t pay the body shop until you can confirm you are satisfied with the repairs.
April 4th, 2012 at 11:54 am #Betty

I was parked at a grocery store parking lot. A driver plunged into a car next to mine and that car hit my car and my car hit the car next to me. So the driver has caused a 4 car accident (including his car). The car belong to someone else who had given him permission to use it.
The year of my car is a 1992 and I had Liability, un/under insured motorist, PIP and other coverages. Because the $200+ I would be paying for Comp/Collision seemed expensive for the year of my car I choose not to purchase the comp/collision. I had purchased the vehicle for $2,000. The body was in great shape, the interior was in good shape no tears or rips. I had the exhast system repaired , a new radiator, and some engine work for a total of $1600 (within the last 6 months) which is not bad and the car was running great. Guessing from the damage to my car it is prbably totaled.
The driver was arrested for a DWI, resisting arrest and traffic warrents at the scene. The car’s owner insurance is battleing with me to pay the claim and trying to say that this person had a medical issue that he didn’t know about and therefore they may not pay the claim. I ‘ve spoken to my insurance to see if it is possible to use my un/under insured motorist coverage because the driver was uninsured. My insurance is stating no because the insurance follows the car not the driver.
I pulled the police report and he was arrested for the DWI, but nothing more is said about his alcohol levels. Where can I obtain that information and do they do a blood test for a DWI? Please let me know how to proceed and if there is anything I can do about this situation? I was covered on my end for anything that I would be responsible for. It’s hard to think that because of these situations that I could be out of everything and paying for all this out of my pocket. Thanks for your help.
April 5th, 2012 at 1:06 pm #MY SUPER SEXY STARS (STEPHANIE)

HELP ME SIR COULD YOU PLEASE CALL ME ASAP PLEASE PLEASE
TO MUCH TO TYPE 925-705-0155
April 5th, 2012 at 1:07 pm #MY SUPER SEXY STARS (STEPHANIE)

HELP ME SIR COULD YOU PLEASE CALL ME ASAP PLEASE PLEASE
TO MUCH TO TYPE 925-705-0155 IN IN CALIFORNIA
April 6th, 2012 at 1:56 pm #Jason

Betty,
Your option is to persist with the other vehicle owner’s insurance company. You don’t have collision coverage so you are self insured in that regard. If you don’t have success with the other owner’s insurance, move on with life.
April 11th, 2012 at 12:42 pm #Melanie

Our family just found a life insurance policy made back in the day before any of the deceased’s kids were born. Is there anyway to appeal the money going to people that haven’t been in the deceased’s life for over 30 years? We want the money to go to his grandkids which were his world and kept him going? How do we make this happen?
April 11th, 2012 at 4:48 pm #Jason

Melanie,
The person to make those changes is deceased. He had the choice to change the beneficiaries. The person or persons in the beneficiary area of the policy is where those changes need to be made.

Please notice that you said, “We want the money…” That clearly doesn’t sound like any type of wishes of the deceased person.

You really have no influence where the money goes because it’s not your insurance policy.

Can insurance beneficiaries be changed by the court? Sure they can but you need a very strong argument why it should be changed from directives contained in the policy holder’s contract and you better have some money to pay the attorney because this would be an hourly case with a sizable retainer.
April 18th, 2012 at 4:04 pm #Melissa M

The neighbors driveway has a downward pitch in their driveway, directing water to pool up under my home. It is causing mildew/ mold to form under my home in that area. Is this something I can have his homeowner’s insurance pay for?
April 18th, 2012 at 4:38 pm #Jason

Melissa,
His homeowner’s insurance protects your neighbor from negligence claims. If the driveway was just recently installed, perhaps but we don’t know for sure.

What actions have you taken to divert the water once it gets to your property? A homeowner is responsible for protecting their home and sometimes those actions are not paid by someone else or their insurance.
April 24th, 2012 at 8:51 am #Chris

Thank you for all of your advice! My parked vehicle was recently hit by another vehicle. I am currently dealing with the other parties insurance ( AAA) They told me I could have the estimate for repair done at one of their approved body shops or they could send out an adjuster if I chose the body shop of my choice. I went with their body shop and received a estimate of $1800.00 in damage. I faxed them a letter stating I would like for them to send me a check for the full amount and I will proceed with the repair when I choose a body shop and have the time to fix my vehicle. They called me and told me they would not send me a check. I would have to do a cash claim if I chose a body shop of my choice, and they will again send out an adjuster. I told them I was unhappy with this and would like them to send me the check for the repairs. She told me I would be doing a cash claim then and a liaison to tell me what the cash settlement will be. Do i have a right to receive the full $1800 that their body shop estimated in damages? Also, I live in Michigan and was wondering if I could receive diminished value.
April 24th, 2012 at 9:31 am #Melissa

Jason,

Thank you for the reply. I haven’t done anything to prevent the water from pooling up on the side of my house. I am not sure how I can prevent this from happening, when his driveway keeps dumping water on that whole side of my house. Maybe I can lift my cement up and create a pitch back towards his driveway? I’m not sure how to put a band aid on this. In my opinion, the only true fix would be to have him pitch his driveway in the correct direction.
April 24th, 2012 at 10:50 am #Kari

Chris-
If you wanted to pick a body shop of your choice, then why didn’t you chose that option from the beginning. You chose for their body shop to fix it. That is what they did, they got an estimate from their body shop of $1800. If you are now changing your mind, then have them send out an adjuster as she said they would and go from there.
April 24th, 2012 at 8:59 pm #Jason

Melissa,
If you lift your cement up and it pitches toward his driveway, and his driveway already pitches toward your driveway, the water will meet between the 2 driveways and disperse from where they both meet. He is keeping water away from his house and your move would be to keep water from your house. Problem solved.

Your neighbor’s primary interest is protecting his property, not your property and his property. In this case, you need to be proactive to protect your property and that might cost some money on your part. Or, you can let the water damage your home. Sometimes decisions have to be made.
April 25th, 2012 at 6:52 am #Chris

Kari or admin,

Kari, I was looking for a response from Admin. He wrote earlier on question 37 and 38. his answer to 37 …
( Fax your insurer telling them to mail you the check. If they want to put in writing that they only send the check to the body shop, make a complaint to your state department of motor vehicles/consumer affairs and or department of insurance. Maybe the adjuster is getting kickbacks from the shop? You can make a complaint to the president of the insurer. And you can sue in court.)
is what I was looking for more. My insurance is giving me a hard time about sending me the check directly. Now they are saying they will send me less money if they have to give me cash? It doesn’t make any sense. I would like the check for $1800 to decide when and where I will do the repair myself.
April 25th, 2012 at 7:41 am #Jason

Chris,
The amount the insurance company has to pay the body shop to perform the repair to your car is $1800 and that is firm.

The amount they pay you in the form of cash is not firm. If you believe it is, that is fine but if you don’t have it repaired by the body shop for $1800, they can adjust the cash settlement to any amount they want and the only option you have is to accept it or reject it. If you accept it, the insurance company has reduced their expense. If you reject it, you have no funds and they continue to have the upper hand in bargaining power.

You have options here. File this claim with your insurance company and settle with them. Your insurance company will apply your deductible, but they should be able to recover that from AAA and send it back to you. Or, determine when and when you want to get it fixed and get the car fixed. You seem to be making your claim complicated by delaying getting your car fixed.

Diminished value sounds important and all and we believe it is recognized in Michigan but for an insurance company to consider that for $1800 worth of damage is very unlikely. If they did recognize it, the diminished value would be very close to zero.
April 27th, 2012 at 7:36 pm #Miguel

Who’s money is it??

Vehicle loan in im name, friend took over payment. Contract was sign in regards to payment, resistration and insurance were to be changed and payed for by her. Accident occured, the car was a complete loss. Her insurance notified my paid off the loan still in my name and sent me the balance. Now that her insurance company had notified her of the loan payoff and the balance being sent to us. She’s calling asking for the money. Is she entitled to any of this money??? The vehicle is still in my name, is she entitled to the money for a vehicle that wasn’t hers yet???
Any suggestions, please help!!!!
April 30th, 2012 at 12:08 pm #Jason

Miguel,
No, she has no ownership interest in your car. Had she transferred the ownership to her name, then should would.

Look at it this way. If you are renting an apartment and it burns to the ground, does the insurance pay you for the building or the owner? Her payments made her the renter and you remained the owner.
May 2nd, 2012 at 7:16 pm #Felicia

I was in a car accident about a week ago. A car in front of me slammed on brakes and I wrecked my car pretty bad when I slammed on mine. I’m not sure if the car in front say what happened. Now I’m left at the accident alone. I call my insurance company and they tell me I do not have colliding coverage, but my car is financed; so I have to have comp and collison. My insurance faxed over to my fiance company documents stating I have coverage, however I did not know the one company never added collison or my lien holder to my policy. My fiance company told me my policy never showed renewal coverage and its in default. But they never sent me a notice. Now I get in a car accident and no one wants to pay. I know i probably should have reviewed my policy, but my fiance company could have informed me I didn’t have proper coverage, especially since they didn’t increase my payments on my vehicle to make sure the car is covered. i just want to know is there anything I can do before I just have them report the car?
May 3rd, 2012 at 6:05 am #Jason

Felicia,
You appear to have rear-ended another car. From what you wrote, you never had liability insurance which protects you from causing injury to others and property damage to property you don’t own.

If you don’t pay the premiums for comprehensive and collision coverage, you don’t have insurance coverage.
May 5th, 2012 at 10:06 am #Carl Johnston

Hi 95 days ago i was hit by someone who was insured by USAA.
3 days after the accident i filed a claim and faxed the police report to USAA. The person who hit my car got arrested on site and USAA says that they sent out a “reservation of rights letter” and claims that they have made multiple other attempts to contact her. I have concern they are giving me the run around. Is there any law that limits how long they have to actually give me an approval of my claim? Would it be wise to file a suit against USAA? They keep on asking me why dont i go through my insurance company i say there just trying to get out of doing there part.
May 5th, 2012 at 11:31 am #Jason

Carl,
A reservation of rights letter is something that is sent to their customer indicating there might not be coverage and that the policy must be adhered to and followed until that determination can be made about coverage.

It might be best if you file with your insurance company.
May 9th, 2012 at 2:28 pm #Glenna Conway

Hello, I live in california and was in a accident that caused damage to car and i have medical issues. I received the check already for the car damages, but i am worried if i cash it then I will void any future personal injury claim…I have a personal injury claim, but waiting to see how much i should be compensated for the suffering…I want to cash the check to fix the car, but not sure if it will void future claims. Do you know anything that can help me decide what to do? Also on the personal injury claim can I pursue items that i may need to help with the pain of my back and neck…like the cost of new mattress. Or is the claim strickly for personal injury and the suffering
May 9th, 2012 at 5:24 pm #Jason

Glenna,
Your damage to your auto payment is completely separate from your injury claim. Cashing that check and using it to fix your car will not affect your injury claim.

Medically necessary things directly related to your accident – not age, wear, and getting old kind of things, and that are directed by a doctor should keep you within the guidelines of your claim.

We can’t really understand why you would need a new mattress when you already have one. If you need a more comfortable mattress, it might just be that your current one is worn out. Mattresses aren’t a medically necessary item in most cases. Maybe if you required to be in a hospital bed for treatment overnight, then that hospital bed is medically necessary.
May 21st, 2012 at 7:35 pm #Kelly H

Hi,

Just wondering if anyone could give me advice. I rearended a guy on motorcycle today. Bike tipped over….helped him up and get the bike to stand. He said he was ok and didn’t want to involve the police. I was surprised……kept asking if he was sure he was okay. Gave him name and number and he gave me the same. Was going to pay for damages ….noticed some cracks on back of bike. My parents are concerned that if I pay without going through insurance he could come back and sue me and then I do not have insurance protection since it was not reported. Is this true? Can anyone give me advice on the best thing to do?

Thanks,

Kelly
May 21st, 2012 at 7:45 pm #Kelly H

sorry for double post….didn’t think it went through first time
May 22nd, 2012 at 7:39 am #Jason

Kelly,
When you have an accident, you use insurance. Why are you letting this guy control the situation? He probably doesn’t have insurance or a license and you are not in this world to protect him from his shortcomings.
May 22nd, 2012 at 6:09 pm #Kelly H

I did report it today. The guy came back with an estimate of nearly 2800 for a bike that is worth about 6800 at best. I found it hard to believe so I told him I had to put it through insurance. He said fine but then called me back and told me if I could give him 1500 his insurance would cover the rest and that he had really good insurance. Does he think I was born yesterday??? What insurance company would agree to this….none I know! Anyway, he has acted suspiciously since not wanting to call police, which I found strange and then, with this latest…..it seems he is up to no good. I am letting my insurance company deal with it. Thanks for the advice.
June 2nd, 2012 at 8:34 am #Sheryl Agner

Father willed trailer & property to children. (Land was pre-marital property so only the trailer had wife’s name on it.) Upon his death, we found that he did not file a second divorce from this wife. They had remarried, then after a few months she abandoned him for the next three years prior to his death. She had signed a Quit Claim deed relinquishing her rights to the property which was filed with Butler County MO courts. Now the trailer house itself has burned down. Bills for funeral are past due, expences and travel costs remain open. I am supposed to be the executor so Vanderbilt Mortgage stated they will send the property dead to the address on file after the home owners insurance has paid off the mortgage owed. Can a Lien be filed against the balance of the money from the insurance claim in order to pay the outstanding debts?
June 7th, 2012 at 8:29 am #mj

What if I made a claim on my floor from water damage, but now I can’t afford the deductable to get my floor fixed because of unexpected medical issuses.
The insurance company already sent a check to the comapny that did the estimate. I never agreed to have this company do the work(it took almost 2 months to get the esimate done) , but the insurance company sent them a check for the repairs with my name and there name on the check.

Shouldn’t the insurance let me know they were sending a check before the sent it? I’m not sure what to do.

Thanks for your help
June 7th, 2012 at 10:53 am #Jason

mj,
The insurance company does that likely because you have a mortgage holder. They can send the check with your name and the contractor’s name, or your name and the mortgage holder’s name.

If you don’t have a mortgage holder, have them cancel the check and send you one in your name only.
June 11th, 2012 at 8:42 pm #Kathy

Hi, i go to dental school in PA and there was recently a fire at the school and my dental instruments/equipment and a few personal items were burnt in the fire (as well as 6 other classmates). When we asked the school what to do about this, their response was to give them a list of everything we lost and they would replace it. Now I am finding out that they are only going to replace the dental items and not the personal items, like my dental loupes (special magnified glasses to do dentistry with) that I purchased outside of the school. My question is, is this allowed? I paid for my equipment in my tuition, so aren’t we entitled to a check in the amount of the items lost, including my personal items? No one will tell us anything and I don’t know what to do. I am just a little aggravated that they are going to give us all the items lost instead of a check. Some of the items I lost, I will probably never need again, and now I will have all this extra stuff again, but no loupes.
June 11th, 2012 at 9:09 pm #Jason

Kathy,
If you have a homeowner or renters policy your personal property is covered anywhere in the world. It it is worth your hassle, and the lost items are above your deductible, you may want to make a homeowner or rental claim for your personal property.
June 18th, 2012 at 3:29 pm #David

Hi I my car just got some hail damage done to it a few days ago that was minor. The adjuster just came and gave an estimate and found 16 small dents all over the car worth $3100.00. He said i would get a check in a couple days made out to me, (he did ask if it was financed but didnt ask with who) and said to take it to whichever shop i wanted to, that it was my option. The estimate he wrote was for sanding, filling and repainting every body panel…the whole car..even though there was only a couple of the panels had only 1 small dent the size of a pea on it, the hood and trunk had several the size of small peas.

My question is..since its a fairly new and expensive car with only small minor dents…can I use a paintless dent repair guy/shop to easily get out the small dent so i can keep my factory paint with the check or do i have to have my car sanded/filled and repainted cause thats what he wrote the est for?? I can get a PDR guy to get them out for around a $1000.00 and be like they were never there AND keep factory paint and not have my car took apart :/
June 18th, 2012 at 3:49 pm #Kari

David-

I always have to laugh a bit when I read posts such as yours- why not just ask what you really want to ask, ” can I have my car fixed for cheaper than the estimate, and pocket the rest with out getting in trouble.” If you can get it fix for less, by all means fix it for less. If your not sure what to do with the balance, try calling the adjuster- I am sure they can let you know.
June 18th, 2012 at 3:51 pm #David

Jason..a follow up question..why can i not just cash the check..assuming its made out to just me…and use it to get a PDR guy to get the dents out? I see where lots of people take the cash and pocket it instead of getting their car fixed. Why could i not do the same but instead of blowing the cash use it to get a better repair done?? Thanks for your time.
June 18th, 2012 at 3:56 pm #Jason

David,
Cash the check, do the repairs you feel are warranted, and then it’s over. You do not have to repair it the way it’s written in the estimate.

I’m sorry Kari is laughing at you. We don’t think that is appropriate.

We hope we answered your question without assuming you were asking about something different.
June 18th, 2012 at 4:09 pm #David

Kari thx for the reply. I wasn’t concerned really if the PDR was cheaper or not but was a better repair in my case. I was concerned about HOW to get it repaired as he wrote it as a conventional repair and wanted to know if I HAD to get a conventional repair done or as he said take it to any shop did that mean a PDR place too?? Sorry I’m dumb on the insurance subject lol 😉
June 18th, 2012 at 4:15 pm #David

Thank you Jason, I’m going to take your advice, great work you do here imo thanks again. I did not take offense to what Kari said, she just didn’t understand what I was talking about or I didn’t make it clear.
🙂
June 19th, 2012 at 10:54 am #Sara

Hello,
While driving a friend of mines car I backed into a car that was parked illegally, and we agreed that instead of claiming it on insurance, since I wasnt driving my car, that we could take the dented car to a body shop. Now this person is telling me I need to give her 3000 dollars to fix her car. I was told by a person that I have a right to get 3 different quotes on the car, and was only required to pay the lowest amount that was quoted. Is this true?
June 19th, 2012 at 11:12 am #Jason

Sarah,
No that is not true. That is one method used to determine the damage. If a car was backed into, the damage is generally not that great to repair. Have that person turn it into their insurance and you turn it into your insurance and let the insurance companies work it out. Or simply ignore the situation if there wasn’t a police report. You have a number of options and you should select the on that is right for you.
June 22nd, 2012 at 3:36 pm #Derrick

My 2010 truck was damaged by a construction company ho dropped a beam on it while it was outside my place of work. The damage so far is at 7500. Although the damage is being fixed, the truck has depreciated in value. Is there a way to recoup this depreciation. As we were in the process of trying the sell the truck as ads will testify to.
Oh we are in BC, Canada
Thanks
June 22nd, 2012 at 3:42 pm #Derrick

Our truck was damaged by a construction company that dropped a beam on it while it was parked outside of my wifes work. The damage so far is at 7500 dollars. Although the damage is being fixed the truck has depreciated in value for resale significantly. The truck has been listed for sale before this happened.
We are in BC Canada. Can we sue for depreciation?
Thanks
June 22nd, 2012 at 5:10 pm #Jason

Derrick,
Bring up your concerns to the person settling your claim. We don’t know if any territories in Canada recognize diminished value claims. It is a difficult process and burden to prove diminished value in some of the states that recognize the diminished value concept in the US.

You indicate the value of your truck decreased significantly. In order to sue and be successful you have prove that the truck decreased in value and what amount that decrease is. That’s not an easy proposition.
June 23rd, 2012 at 10:03 pm #Casey

i was in an accident. i was rear ended by a texting driver. at the time i was a little over a month behind on the car payments. the accident caused nerve damage to my back. I have an attorney. The car was repossessed and the ladies insurance had not issued a check to repair the car yet. my financial company said if I do not have the entire amount 14,500 to pay the entire car off I cannot get it back. then they filed a claim for the damages to the vehicle under my insurance knowing that a claim was already opened and I was not at fault. Is this legal for them to file a claim with my insurance when there is already a claim open with the ladies insurance company that hit me? The texting and drivers insurance company knows she was at fault and has no problem as far as paying the for the repairs. I had already had a body shop give me an estimate. My financial company is being very very difficult and wouldn’t even tell me where the car was taken to so that I could get my personal things out. They finally did tell me where. Before the car was taken I asked them to let me defer a payment and they wouldn’t then I asked to change the billing date and they wouldn’t. They would not work with me at all! Now I am unable to work because of the accident. The day it was taken the lady from my financial company block me in so that I couldn’t leave. I was literally coming out of the house to go make a payment i told her that I told her she could follow me there if she didn’t trust me and she wouldn’t. She kept me blocked in until the tow truck got here. Is there anything I could charge them with for trapping me there and not letting me leave and then filing an additional claim for damages to the car knowing there was a claim open?
June 24th, 2012 at 9:19 am #Jason

Casey,
You were well over a month late in your payment. In fact, you were so far behind in your payments that the lending company got a replevin action against you so they could repossess the vehicle. This doesn’t happen in a little over a month. It takes several months.

Yes, it is legal for your lending institution to make a claim on the car of which they are listed as the lien holder. In fact, when they repossessed it, they became the sole owner of the car and you were removed from any ownership position in the vehicle.

It is difficult to accept that you were going to make a payment when the financial lady visited you before your car was taken. If you were going to make a payment, why didn’t you just hand it over to her?

It is also very difficult to believe your statement that you are unable to work because of this accident. Nerve damage to your back from a rear end accident isn’t even a good injury to claim because your entire back was completely against the upright of your seat during impact. Are you asserting you have nerve damage in your back because your back was pressed into a soft seat back at the point of collision?

You were not trapped, the car was and when the financial company has the court’s blessing to take the car, they can do whatever they legally want when picking it up. Now, if they trapped you, that would be a different story but they didn’t. You were never deprived of your freedom or your ability to walk or move in any direction by them.

You could charge them with “conducting business in a normal and reasonable way” because that is what they were doing concerning your breach of the loan agreement.

Given the information in your post, you were well over 3 months late in your payments, you were not going to make a payment when your car was repossessed, your injury is fabricated, and your post has almost nothing to do with insurance.
June 24th, 2012 at 3:58 pm #Casey

I wasnt well over a month late. how are you going to tell me I was well over three months late? I know how late I was! my injury is real and I have xrays to prove it! f… you seriously your a f…ign jerk and you have no clue what you are talking about.
June 24th, 2012 at 3:59 pm #Casey

I was going to pick the freaking money you dumb ass. dont f…ing get on here a doubt me when i’m being honesty i had a check book in my hand i could have wrote her a check then I would just had to deposit the money into the account because my dad was giving me the cash to help me.
June 24th, 2012 at 4:44 pm #Jason

Casey,
Because we people that know about repossessions know when they happen. Yes, you were months behind in your payment. That is how repossessions work. You may know how late in payments you were but you provided misleading information on here.

Your injury that you allege, if nerve damage, doesn’t show up on x-rays. In fact nerve damage doesn’t show up on anything – not even cat scans.

You should have asked your dad for some financial help before the court date so this would not have happened. The good thing is that your dad doesn’t have to give you any money now.
June 25th, 2012 at 11:53 pm #kirstie

my car was broken into about two weeks ago and my friends laptop was stolen but none of my items were taken. since i am currently a student and under my parents insurance policy, i am hesitant to make a claim in case our premium will go up. is it possible for my friend to file a claim under her own homeowners insurance even if her laptop was stolen out of my car?
June 26th, 2012 at 8:09 am #Jason

Kirstie,
Personal property is covered any place in the world. The laptop being in your car has nothing to do with whose insurance you should consider in order to file a claim. The only insurance it could be covered with is your friend’s homeowners policy, not your parent’s policy.
June 26th, 2012 at 10:19 am #SP

we have hail damage to our vehicles. we took our cars to the insurance adjuster and they wrote us a check for the damages to one of the vehicles because we no longer have lien on the vehicle. we finally got our car into the shop to see about the damages and they said there is more damage then the original estimate. they wrote a supplement invoice for the insurance company and they approved it however the insurance company will not issue the check to us, only to the body shop. why is that? one person we spoke with from the insurance company told us that they will issue the check to us however if there is hail damage to the car again and we did not fix originally, we can’t claim. i just don’t understand if there is not a lien on the car, why they won’t issue the entire amount for the damages?
June 26th, 2012 at 1:39 pm #Jason

SP,
Just have your car fixed and this shouldn’t be an issue whether the funds flow through you or not.
July 3rd, 2012 at 5:24 pm #Dan

I have a weird question. I am on vacation and we had a bad storm back home. My pole shed was blown over and alot of my stuff has damage. I already talked to the insurance company and its all fine. Now I find out that the front door to the shop witch is still standing got kicked in. Not sure if this happened before or after the storm. There is alot of damage and big items missing. Is this 2 different claims one for storm damage and one for theft or is it all one claim? I have $50000 in coverage but there is that in damaged property and close to that missing so was wondering if I can file 2 claims. That and it is all still open and the neighbor kids are going through it all. I wont be home for a couple days yet to take care of anything.
July 3rd, 2012 at 6:29 pm #Jason

Dan,

Storm activity is a natural occurrence and buglary/theft is not. These two losses are not directly and/or continuously related.

If you don’t know when the door was kicked in, did the kicked-in door and theft cause the pole shed to blow over?

On the contrary, did the storm cause an otherwise undamaged and locked building (door had to be kicked in to enter) to be broken and things taken.

These are 2 completely and separate incidents.
July 13th, 2012 at 11:41 am #Jeff

Recently my apartment was flooded twice and I’ve discovered that it was attributable to rodents chewing through the fire extinguisher piping and bursting the piping causing the flooding. I’ve recently moved from the apartment. The 2nd time the flooding occurred I faced approximately $12,000 damage. I have renters insurance and they covered a portion less my deductible. Now there’s still over $3,400 that they will not release because I have replacement value rider on my insurance and they’re demanding that I replace the assets before they’ll release the difference. I’m in Texas.

My two questions are a) is there an appeal process I can use to force the insurance agency to release these funds and/or b) can I sue the landlord in small claims since this was directly attributable to their building.

Frustrated…..

Jeff
July 13th, 2012 at 1:12 pm #Jason

Jeff,
You would have more success suing the mice that chewed through the pipe. Your landlord has to be negligent and it’s very likely he did not instruct those mice to chew through the pipe to cause the water damage.

If you have followed all the requirements for the insurance company such as replacing the damaged items and providing them with proof in the form or receipts or invoices, they should release the amount owed.
July 23rd, 2012 at 5:04 pm #Jose E Bonito

Hi

On May 31, 2012, in Florida, I had a hit and run were I hit a divider and my car was estimated in $3,200. The insurance paid for it, minos the $500 deductible and the car was repaired
As a consequence of the accident I went into treatment, physical therapy, for 3 weeks
The insurance sent me to a doctor, which in general terms concurred with the initial diagnostic
Now a lw firm retained by the insurance company has sent a letter to show up in their ofice for a full day interview and asking for more than 5 years of IRS returns, records of all the phone I use form a month before the accident, among a lot of other things
I don’t know what to do, if do not show up, or retain an attorney, that will cost me money
Please advice
July 24th, 2012 at 6:49 am #Jason

Jose,
You have 3 choices: 1. Go alone to the interview with the information they requested, 2. Go to the interview with an attorney with the information they requested, or 3. Don’t go.

We can’t decide for you. What is probably going on is that they find inconsistencies with your injuries and the accident and want to know if they should be paying medical payments for this. But that is only our guess.
July 24th, 2012 at 9:07 pm #Von

Hello,
My mothers car was hit. The guy who hit the car knew he was in the wrong. My mother insurance and the guy’s insurance told my mom her car was totaled and they will give her $3000.00 for the car. The car is drivable and she wants her truck fixed. Can she sue both insurance companies to get her car fixed?
July 25th, 2012 at 6:30 pm #Melanie

My mother-in-law died in a fire she had renters insurance, the company has processed the check, but will only issue to her estate she has none. Please advise how we can get around opening an estate probate?
July 30th, 2012 at 9:26 am #Jason

Von,
Nope, the car is totaled and that is how insurance works.

Melanie,
You can’t get around probate. The court will handle it from this point forward.
August 11th, 2012 at 7:51 am #Joe

Hello,

I live in Arizona. I co-owned a vehicle with another party. I insured this vehicle on my auto policy. I am the only named insured on this policy. The vehicle was totaled. The insurance company sent the $7,200 check to the other party, who spent the money. I called the insurance company and they said they could pay anyone that they want to settle the loss and paid him because we were both listed on the “or” title. I don’t think this is right because the policy is in my name only and I told the insurance company that I was the person who purchased the vehicle when the claim was filed. What can I do if anything.
August 11th, 2012 at 9:09 am #Jason

Joe,
Probably nothing. The insurance company is technically correct and since they paid, their obligation is fulfilled.

You might want to ask for some funds from this other person which would probably be a waste of time.
August 21st, 2012 at 10:36 pm #Stephen S.

Funny. The story above is similar to my own in a couple ways…We purchased a vehicle from my mother-in-law a few months ago. My wife (and I think I) were listed on the Insurance policy, and we have the title, in my wife’s name only. We just moved to Iowa, and a tree fell on and totaled the car. The insurance company wants to make the (all too small) settlement check payable to my wife AND mother-in-law. The problem is that we left Arizona primarily because of her mom, and there is no way that she would ever give that money to us. The car is exclusively titled to my wife, and her mother was never once an owner of that vehicle.
At this time, there has been no check written, but the insurer (former, now) seems to be insistent that they do it that way. Please tell me I can make them stop! (and how.)

Thank you.
August 22nd, 2012 at 8:08 am #Jason

Stephen,
We cannot provide information when you supply conflicting information. First you say your wife and you purchased a vehicle from your mother-in-law.

Then you said your mother-in-law was never once an owner of that vehicle.

We won’t try to decipher this until we know the information we are dealing with is clearer. Also, you might want to find out who is listed as the insureds on the policy. You said you think your wife and you are, but it’s likely it’s your wife and your mother-in-law.
August 22nd, 2012 at 8:19 am #Stephen S.

Sorry, I was tired. We purchased the vehicle from the mother-in-law’s husband…As for the policy, both my wife and her mother were on it. Hope that clears it up…There were no excluded drivers.

Stephen S.
August 22nd, 2012 at 8:57 am #Jason

Stephen,
There is your answer – Your policy is in the name of your wife and mother-in-law. The people that are named as the policy holders of the vehicle are the ones that receive the settlement when it’s totaled.

Your MIL doesn’t need to give you the money, she just needs to endorse the check so your wife can then cash it.
August 26th, 2012 at 9:24 am #Amanda

My son and I were temporarilly living with my mother when her house flooded a few months back. My son and I lost everything, and my mother claimed all of it on her insurance. She is now refusing to replace any of our things or relinquish any of the money that the insurance has given her for them. Do I have any legal claim to the money that she made off of us?
August 26th, 2012 at 6:18 pm #Jason

Amanda,
You probably don’t have a legal claim for any of the money. It would seem your mother would a have ittle more decency though.
August 29th, 2012 at 9:39 am #Jerry

Our home was broken into in June and they stole everything of value. The insurance company finally after months of investigation and delays they finally are paying. The wierd thing is, that they are asking that we send them the receipts of everything that we buy to replace the items that were stolen. And that they will require us to send them the money back that was not used to replace the items. Some of the items that were stolen was equipment that I no longer need or have use for. I feel it is my choice to decide what items that I purchase and what Items that I do not. The fact is that someone stole things from my house, whether or not they were usefull to me is none of the insurance companies business . Is this lawful or is it a trick that they have come up with. I have never heard of this before.
August 29th, 2012 at 8:02 pm #Jason

Jerry,
Your insurance company pays you the ACV (actual cash value) of items stolen or damaged.

The items that you choose to replace (if you have replacement coverage which you probably do) can be replaced and the difference between what they paid you (ACV) and the replacement cost of the item can be claimed based on submitting receipts as you purchase those items.

Most policies have a period of 6 months that you have to replace those items and to claim what was withheld. That amount is called called recoverable depreciation and is really a secondary claim on you part.

This is a common practice in the insurance industry. If you have further questions, simply ask.
August 31st, 2012 at 8:04 am #lauri

HI,
I am wondering if these could be used in 3rd party settlements/litigation.
I was hit by a 16 year old 2 1/2 yrs ago and he was cited for failure to yeild. Long story short 2 1/2 years in pain have now become nerve damage on my left side including ulnar nerve that needs transposing and 3 herniated disc, one is pressing on my spinal column and I will be having cortizone before having surgery. I guess they are waiting till I am in a wheelchair?

Their client did this and I am almost bed ridden all th time and they refuse to settle this out. Do you think they want to goto trial where they would lose??
August 31st, 2012 at 10:24 am #Jason

Lauri,
It’s surprising that the insurance company has not presented you with an offer or offers to settle this.

We don’t know what the insurance company wants to do. Trial does not necessarily mean they will lose – nor does it necessarily mean you will win.
August 31st, 2012 at 10:42 am #lauri

they did. and Yes I do have an attorney. He is great but this is allstate we are fighting with.

The last offer was 25000.00 but the policy is only 50000.00. I swear, while I suffer every day they act as thoughit is a million bucks they are holding on too.

Now I will have about 28000.00 in med bills with the cortisone in the cervical disc and they will still act as though I am faking. You think they will settle once that is done??
August 31st, 2012 at 10:46 am #lauri

Plus they wont even reimburse me for flying to seattle,WA. (WE MOVED LAST YR) for their damn deposition they had me be there for.
August 31st, 2012 at 11:11 am #Jason

Laurie,
Your attorney probably advised you not to discuss your case without him being involved. That would likely mean in chat forums too.

We don’t know all the details of the accident or injury and the insurance company would owe what is related to the accident and not because of those things that happen because the body gets older and ages and things stop working or get worn out.

We don’t know when they will settle. If you accept what they are offering, it could be settled immediately.

As for the travel expense to get to the deposition, you had a choice not to go to that and then you would not have incurred the expense. They can’t force you to go to a deposition.
September 5th, 2012 at 10:17 pm #Joan Gaston

My daughter was rear ended. The 15 yr old kid ( his mother was with him) who hit my daughter has admitted total fault. My daughters car was pronounced “totaled.” My daughter then took the title to the insurance company, handed over the title and they cut her a check for 7,800.00. She deposited the check, and a few days later when the check cleared went to the bank and withdrew the money to buy another car. She found another car, paid the cash to the seller and now three days later she is overdrawn her bank acct. 3,000 something dollars! The bank said that the insurance check was pending return. How can this be and why only PART of the amount? And why is my daughter not notified about this and finds out only after trying to use her debit card and it is declined?
September 6th, 2012 at 7:18 am #Jason

Joan,
Clearly this sounds like a banking issue, not an insurance issue. We don’t know what “pending return” means.

You do realize that debit cards are issued by the bank not the insurance company.
September 6th, 2012 at 9:15 am #Joan Gaston

Hi Jason
Yes, I understand the debit card is issued by the bank. And Jason, you are correct. As my daughter has given me an update. Apparently the check from the insurance company had not cleared, but the teller at Wells Fargo went ahead and gave my daughter her money anyway! So now they have found their mistake and since the check still has not cleared they drained my daughters account. This is another example of the bank doing what ever they want. What I was saying is why can’t the bank notify someone when their bank acct is going to be drained and to give them an explanation. She found all this out when her debit card was declined. So as far as I see the bank screwed up by giving out the cash when the check had not cleared. Correct? And how is this resolved asap as the bank made the mistake? She has NO money! I will also say that my daughter is closing her acct. with the aforementioned bank as soon as this is cleared up.
September 6th, 2012 at 9:22 am #Jason

Joan,
It appears the bank allows a portion of the money from a check to be available until the check actually clears and they physically get the money.

We don’t know all the arrangements concerning the bank and that is not a topic we discuss on an insurance forum.

I personally use a credit union instead of banks and my relationship with my credit union allows all check funds to be available immediately and does not require the checks to clear first. That is how it should be done.
September 7th, 2012 at 1:39 am #Dell

Hi Jason,
I was involved in a 3 car accident where I was rear ended at the front. I got a check from the insurance of the one responsible (rear car) and deposited it into the bank. They then call me later that day and say i need to return the check and go to my own insurance company to get it readjusted because the damage to the middle car exceeds the limit that the person at fault is covered. They said they could just let me have the check and negotiate it with my insurance company. So i call my own insurance company, they check out my car and also issue a check for an even larger amount. So now i have 2 checks. What would be your legal opinion of what I should do.
September 7th, 2012 at 6:50 am #Jason

Dell,
If the first part of your post, you said the other person’s insurance company told you that they need you to return the check to them and file through your insurance. It seems those are pretty simple instructions. You seem to have filed through your insurance company, but the other part of the instructions were not followed.

What you should do is so evident that it doesn’t even need to be spelled out.
September 23rd, 2012 at 8:15 pm #Aiesha Cummins

Hello Jason,

I recently received a car as a gift and six weeks later we suspect an angry ex employee set it on fire in the parking lot of my job. My car has been purchased at auctions for about 25 grand, but I owe 36 grand because of the vehicle I traded in. Well it burned through under the hood and there is a lot of melted under and some other stuff came out the bottom of the car, can the insurance company try to fix this, and make me drive around in something that I would not be comfortable driving?
September 23rd, 2012 at 8:33 pm #Aiesha Cummins

Also how long can they take to resolve this matter?
September 24th, 2012 at 7:47 am #Jason

Aiesha,
If you received this car as a gift, why would you owe any money on it?

Owing $10,000 more for the car will require the insurance company to determine if you set fire to the car. We don’t know why you suspect an angry ex-employee did this.

The decision to total will be made comparing the cost of repair to the value of the vehicle. We don’t know how much damage was done by the fire and smoke. And we don’t know how long this will take.
September 26th, 2012 at 5:07 pm #Mike

First of all, thank you for providing this forum.

Here is my situation:

My car is blue book valued at around 7000. I still owe 4300. I filed an insurance claim due to hail damage and the adjuster came out earlier today and proposed a settlement for 3500 after deductible. The insurance company said that for settlements over 3000, checks can only be issued to either me and the repair shop, or me and the lien holder.
I brought the vehicle in to a body shop to get an estimate and they said it was determined a total loss with damages estimated at 7000.
The insurance company does not have this repair shop estimate yet and again, the adjuster didnt initially assess the vehicle damage at total loss but offered 3500 to settle. I haven’t accepted yet.

The lien holder told us that if the check is written out to me and them, they would apply it towards what we owe, and so, we would get no money back in return. Or we could show the lien holder proof that we fixed the vehicle, and keep the check or difference. (except there would be no difference, since repair shop est is 7000!!!!)

Honestly, at this point, I don’t want to even repair the vehicle, I just want the check. My question is a) is there any way to get the insurance to resettle except this time for less than 3000 so that they can just write ME the check, and if not then b) how can I keep the check or at least get some money out of this (of course, I will continue to make my monthly car payments)

I hope this all made sense. I apologize for the length of the question, but I really am beginning to feel hopeless right now. Thanks again sir
September 26th, 2012 at 6:32 pm #Jason

Mike,
The $7000 seems like a lot even if they replace a lot of the metal on the car and then repaint the entire car.

You should have the check written out to you and the lien holder and send the money to them. If you really need cash, then get another loan against the car and continue to make payments until that other loan is paid off. To us that doesn’t really make sense. Just get the money and get your loan paid down.

However, you could use that $7000 estimate, or another one and send that to the insurance company and tell your insurance company you want your claim based off the higher estimate and then ask them to send the check to you with your name and the lien holder on it. That way, if you get more than $4300, the lien holder will send you the excess. (The $7000 estimate may be to difficult to have the insurance company accept – perhaps one around $5000 would be more reasonable.)

Since you don’t care about the repairs, time is on your side and the insurance company will want to get this settled so they it can be closed and they can move onto other claims that need more attention.
September 26th, 2012 at 7:42 pm #Mike

Thanks for the timely response.
Just to be clear though, how exactly would I get another loan on the car? You mean pay the lien holder the settlement check and then ask them for another loan?
Also, if the insurance settles on a total loss, dont they then keep the vehicle?
Appreciate your help
September 26th, 2012 at 9:08 pm #Jason

Mike,
If it was a total loss, the insurance company would take possession of your car. Generally that happens when the damage of your vehicle is 80% or more of your vehicles value. We don’t think your situation applies since it is all cosmetic.

Yes, just get another loan on the vehicle but that is not really related to the subject of insurance and we don’t see how that would benefit you at all.
September 26th, 2012 at 10:40 pm #Mike

Jason,
I’m a broke college student and I need cash!
Thats why I filed the claim in the first place I dont really have a problem driving around with the dents on my car. From a legal sense maybe I shouldnt admit that. at this point im just trying to figure out how I could simply keep the check money, and if I can’t, what I should do. pushing for a total loss doesnt seem such a good idea since that would have me out looking for a new car (after paying off the loan thatd leave maybe a grand or so and carless no thanks )

*pretty much every panel, fender, hood, roof, all have distinctive hail hits and im guessing replacing those, with labor, could reasonably total loss the vehicle. its also likely the body shop is overcharging
October 5th, 2012 at 4:11 am #andrew mitchell

Hello i live in new york state well my truck was parked out side my house when a drunk driver stuck it at 230 in the am. He was arrested right after he hit my truck. Come to find out it is his company vehicle that he hit me with the insurance on the vehicle says they will not cover the damages due to he did not have permission to drive in that area at that time with the company vehicle. I thought this is why they have insurance on vehicle for this kind of stuff any suggestions would be great !!
October 5th, 2012 at 8:32 am #Jason

Andrew,
You can file thorough your own collision coverage if you have physical damage coverage, you can sue the driver personally for the damage to your truck, or you can do nothing.
October 5th, 2012 at 2:38 pm #andrew mitchell

i dont want to sue its only like $1600 worth of damages and i dont really want to pay my deductable for $500 i just dont understand why they wont cover it
October 5th, 2012 at 4:15 pm #Jason

Andrew,
The concept is simple. The business insurance covers liability for business related activities of their employees. It does not cover the liability of those same people in their personal lives.
October 8th, 2012 at 8:20 am #Deana

I live in the State of NH , I had a home fire in which we lost everything. This is a manufactured home, I have insurance which is replacement Insurance and with the policy I recieved a copy each year of a RSA 407:11 . I hadnt noticed it until the other day , when I was once again racking my brain trying to wrap my head around Insurance Information.

My delima is this , The Insurance Co called us and told us they were sending a check out for approx 25% of our Insurance Policy.

What can I do?
October 8th, 2012 at 9:17 am #Jason

Deana,
You are referring to the valued policy laws in your state in reference to RSA 407.11. Talk to your insurance representative about this and why they are not applying this part of the law to your claim.
October 8th, 2012 at 9:26 am #Deana

They are very difficult to talk with , rarely return phone calls, I have contacted a PA and hope that he can help, I am just wondering if this RSA holds value for me, I would have never thought to look into that unless I stumbled across it , stapled with my Insurance Policy itself , from the Insurance Company.

Its just frustrating
October 8th, 2012 at 9:55 am #Jason

Deana,
If they rarely return phone calls, you have to make the initiative to call them more often so you can speak with your claim adjuster or the claims manager.

If you hire a PA, you can expect to pay that person 20% of your claim total. Bringing this to the attention of your insurance company should be all you need to do.
October 8th, 2012 at 11:23 am #Deana

Why wouldnt they already know that , are they just hoping we didnt notice or research?

I am sorry to sound Ignorant , but is it as easy as just saying to them. “You should probably take another look at the policy you issued to me , and have continued to issue for years. I have Replacement Cost and NH RSA 407:11 Valued Policy Law should be followed”?
October 8th, 2012 at 12:08 pm #Jason

Deana,
We don’t know the specifics of every claim. We also don’t know the usage of your building that was destroyed. We don’t know if it was totaled. We don’t know a lot of information and without knowing all that information, we can only provide responses based on what we know. Not all buildings apply to that state law you referenced and for us to say that your property does would be provided reckless information.

Instead of posting on here, we suggest you call them until you can get this figured out. We cannot do anything for you except let you know what you should be doing about it.
October 8th, 2012 at 1:34 pm #Deana

Sorry to bother you.
October 10th, 2012 at 9:37 am #Brian

I co-own a trailer with another person and it’s registered/licensed in both our names (and). This person was pulling trailer when it was struck by another vehicle. Other vehicle’s insurance comany paid a large claim just for the trailer damage to our trailer. Insurance paid ONLY the other person. My name wasn’t on the check (I had to get copies from the insurance company that paid out). The other person on the title cashed the check and kept the money. Now I own 1/2 of a damaged trailer. What action should I take and with who? Shouldn’t the insurance company be responsible for not including me on the check?
October 10th, 2012 at 9:41 am #Jason

Brian,
It’s not the owner or owners that are the focus of the insurance company, it’s the person or persons who insure the trailer. We would assume because you didn’t include information about who the named insured is, that you are not the named insured.
October 10th, 2012 at 9:59 am #Brian

Thanks for the response Jason.
The trailer is NOT insured and is not legally required to be insured in the state of California. When a trailer is being pulled, it is insured by the vehicle pulling the trailer. That said, the insurance company of the vehicle that was pulling the trailer was not involved in any way.
The person driving the truck that hit “our” trailer was insured. His insurance company paid out for the damages to the trailer. The problem lies in the fact that they paid the “co-owner” of the trailer and didn’t include my name on the check. This allowed the “co-owner” of the trailer to cash the check, keep the money, and not fix the trailer that I legally own 50% of. Also, the names are listed on the title as me “and” the co-owner, not me “or” the co-owner.
October 10th, 2012 at 11:13 am #Jason

Brian,
The other driver’s insurance company paid for the loss. That is their obligation. They are now out of the picture.

Simply have the other owner of the trailer get it fixed or pay you half of the damage amount. That is the only thing that can be done since this is no longer an insurance issue – it’s an issue between the owners.
October 10th, 2012 at 11:17 am #Jason

Brian,
An addition to that last post is that it appears the other half-owner made a claim for the entire trailer. You needed to make a claim on your behalf to give the insurance company notice of your interest in the trailer. There is nothing you can do about the insurance company issuing the entire check to the person who made the claim. That insurance company acted in good faith with the claims they had in front of them for that trailer. This remains an issue with the owners working out the details of ownership.
October 12th, 2012 at 9:45 am #Lonnie Burr

We have leased a motorhome from a person for 5 years. We have been making his payments to his bank. We tried to get in touch with him about 3 years ago. We found out that he has left the country. We had hail damage to the motoehome in May. We carry the insurance on the motorhome. Now the insurance company will not give us and the bank the insurance check to get it fixed. The insurance company now is saying they have to write the check out to the owner and the bank. Is there anything we can do.
We have tried to get in touch with the owner but he can’t be found.

Lonnie
October 12th, 2012 at 10:18 am #Jason

Lonnie,
Now that the insurance company is aware the motorhome is not owned by you, you have no insurable interest in the motorhome and payment of a claim to you is not appropriate. You will need to find the owner and get the owner involved if you want to see anything get done.
October 18th, 2012 at 5:52 pm #Jennifer

Scoured the internet and unable to find anything on my dilema, hoping you can help. Or problem really isn’t with our insurance company, nor our mortgage holder, it’s with our contractor.

We had a fire the end of July that destroyed our garage and damaged our home. The insurance company paid us within days for the garage and suggested a contractor to repair our home whom we went with. The insurance company agreed to the contractor’s estimate, which was grossly overbid, and sent a check made out to us, the bank (our mortgage holder), and the contractor. On this estimate were rooms being repaired that were not touched, multiple things being done that were not, things being replaced, etc. Only about 50% of the work on that estimate was done and the contractor is telling us he’s wrapping it up and wants his check in full. We pointed out that he only earned half the money. His response to us is that after we release the money to him, he will then reimburse our insurance company for the monies he didn’t use.
Have you ever heard of this? He didn’t even finish the work…. aren’t we entitled to hire someone to finish and pay them the balance of the payment from insurance? If there’s anything left over, aren’t WE entitled to that money?
Help….. I meet with this crook next Tuesday to settle up. Thank You!!!
October 18th, 2012 at 7:40 pm #Jason

Jennifer,
Talk to you insurance company about your situation. We don’t get into issues with contractors.
October 19th, 2012 at 7:17 pm #Susan

I had a water damage claim and I signed a contract with a contractor that basically said that all the money paid by the insurance company for the repairs to my home would be signed over completely to the contractor. When the insurance company finally paid with a check made out to me and the contractor, I endorsed it and gave it to the contractor per the contract. Then he began the repairs. Within the first week after the disaster, the contractor moved most of my furniture and belongings to his warehouse. When the repairs were finally completed, the contractor moved my belongings back and I immediately advised him of damage to several pieces of my furniture. His office advised me that the contractor would schedule a final walk through and at that time would give me information regarding how the damages to my furniture would be handled. It has been more than a month and when I have requested this final walk through, the office has told me that the contractor is out of town or not available and they will get back with me later. They have not contacted me now for several weeks and my furniture is still not repaired and I have not received any indication from the contractor on how he plans to address this issue. Prior to the completion of the construction repairs, the workmen just left the job and refused to return. I called the insurance company at that point to inquire about what I should do since the insurance company had paid the contractor for work that was not being completed. The insurance company called the contractor and told him that he need to furnish me with a certificate of work completion that would require my signature. A week after that phone call, the contractor sent the workmen to complete the remainder of the work; however, he has not done the final walk through to address the repairs of the furniture that was damaged when he moved it to his warehouse. What do you advise that I do at this time?
October 19th, 2012 at 7:37 pm #Jason

Susan,
We don’t deal with contractor issues. That is the summary of your problems. You gave this contractor way too much power by signing the check over to the contractor. In hind sight, you should have given the unsigned check to the contractor and told him you would sign it over to him when his work was completed.

The insurance company did everything they were supposed to do.
October 25th, 2012 at 10:35 am #Kelly

My boyfriend was hit by a car on his motorcycle in August of this year and the medical bills have been coming in non stop. I told him he needs to send these into his insurance provider since he is looking to press charges against the gentleman that hit him. His parents are telling him not to send anything to the insurance company, but only to the lawyer (mind you he has not formally pressed charges at this time) am I crazy, or does he need to get that paperwork to his insurance ASAP so they will pay what they cover under his insurance? The remaining balance can be pushed insurance of the person who hit him. I just dont want him to wait so long until his insurance will not pay, snooze you lose kind of scenerio.
October 25th, 2012 at 11:08 am #Jason

Kelly,
If he has medical coverage insurance, he should send his medical bills there for coverage.

His parent’s information should be disregarded in its entirely because they are providing information without a basis.

If your b.f. is going to get an attorney, he should do so right now so he has someone who knows what they are talking about that can guide him through this.
November 12th, 2012 at 3:08 pm #Lajoi

Hello,
I was in a accident a year ago to be exact. I was cut off the road and hit a pole. I only had liability insurance. I had passengers in the car. We were all really hurt. A friend picked us up before the police came and took us home. This happened on a Friday evening. That following Monday I called my insurance co and file an accident claim. My passengers decided to file a claim against my insurance co for personal injuries with an attorneys help. Its been a whole year and their case has not settled. Now all of a sudden a have received a message from my insurance co to call them. They do not believe after a year that the accident was real and need to talk to me. I guess they are trying not to settle out payments. My car was totalled, I still do now own a car since that happened. Should I call them back, why would they want to talk to me after a year? Strange.
November 14th, 2012 at 4:49 pm #Jason

Lajoi,
Yes, you should call them back. If you want to find out why they are calling you after a year, you will need to call and find out. They are your insurance company and they provide you insurance coverage and legal protection for injuries you cause by your negligent driving. They are not the enemy, so call them.
December 1st, 2012 at 8:24 am #Eddie

My mother has been paying for 38 years on a $10,000 life insurance policy from a major carrier. She has paid in a bit more than $13,500. I took the policy and a copy of a Durable Power of Attorney allowing me to deal on her behalf to an independant insurance office to ask a few questions. The agent that came to the lobby to speak with me said it was a Federal Law that prohibits servicing a policy he didn’t write and he would not even look at the policy. Rudness aside, was he right? All I asked him to do was to tell me if there was a cash value and how much it might be. There are cash surrender tables attached but they don’t go as high as 38 years. I was told that these tables were inserted in all policies even if they didn’t apply to a certain policy. The guy was a jerk, real attitude. I can overlook that, his problem not mine, just want to know why a company can’t service a policy written by another agent who most surely is retired or dead.
December 1st, 2012 at 3:20 pm #Jason

Eddie,
Apparently you want to find out more about the policy, coverage, and benefits. The agent you talked to is correct about his relationship with the insurance company. His relationship concerns any and all customers he has previously and currently connected to the insurance company and customers can only go through the specific agent that has the agent/insurance company/customer relationship.

You mention your mother’s original agent. How insurance works is that the agency relationship remains with the original insurance agent. If this agent has retired or is deceased, that agency relationship can be transferred to another agent and that would then allow you to discuss the policy with that new agent who now has the agency relationship with the insurance company.

Your best bet to find cash surrenders figures is to talk to the insurance company directly because the contractual insurance relationship has always been there between your mother and the insurance company.
December 20th, 2012 at 4:52 pm #J. Thomas

I was involved in auto accident 11/21/12. My car was damaged $10,000 and is being fixed through my insurance. Just saw a report on NBC news today saying Toyota has a “POOR” crash report involving the front quarter panel not holding up. Can I sue Toyota for building a poor part of the car? A person crashed into the car new to me at a light. My quarter panel had to be replaced 3 times before finding one that fits correctly. I am leary about being protected in the future.
December 20th, 2012 at 5:51 pm #Jason

J. Thomas,
There are no front quarter panels on a car. Quarter panels are the rear corners of a car. The front metal items are called fenders.

It seems that since you have a correctly fitting metal panel now, there are no more concerns you should have.
December 28th, 2012 at 11:30 am #Patrick

My wife was dirving my car that only has liability and a car backed into her at the bank. The progressive adjuster for the other car said they would pick up half of the repair. The amount they are puting on the estimate is 750.00 (so 375.00 to us), though two other body shops gave us estimates in writing from 1675.00-2,000.00. They said they are only willing to pay us 375.00. The body shops say they cant do that, but to get the full amount I need to have the wotk done by them. The problem is, I don’t have an extra 1,000.00 to pay my half right now and Progressive says I have to accept the 375.00 right now or i lose the whole deal.
December 28th, 2012 at 12:31 pm #Jason

Patrick,
Did your wife have any fault in this accident? How does your estimates of $1675-2000 compare to the estimate Progressive is basing the damage upon?
December 28th, 2012 at 4:26 pm #Patrick

She didn’t have any fault, but progressive says that they are placing 50/50 blame on it anyway. They say that is how they do it. The difference in the estimates is dramatic. They (Progressive) say repair ($745.00), but the parts are shattered and broken, so need replacement, so the other bids are replacing the parts (labor and materials 1675-2,000.00) and touching it up. They say there is no repair. When I spoke to Holmes Body Shop (one of the estimates), they said Progressive told them they would only consider more upon proof on teardown, but Holmes is requiring me to sign to pay the difference.
Since I called my insurance (Liberty Mutual), they say Progressive made the 50/50 determination on their own.
December 28th, 2012 at 5:45 pm #Patrick

Progressive also told me i only have a few more days before they close the case and we are out of luck
December 28th, 2012 at 6:04 pm #Jason

Patrick,
That doesn’t make sense that she is being assigned 50% blame. Since Progressive is assigning 50% blame, it has to be assumed your wife was 50% at fault.

If Progressive is going to pay 50% of the damage, then if the total damage is $1675, they will pay half of that amount and you will have to pay the other half.

It’s very likely you have more than a few more days to make a decision. In fact, your claim could remain open and available to pay you for several years, depending on the statute of limitations of the state in which this accident occurred.
December 29th, 2012 at 4:38 pm #patrick

The assuming she (my wife) is 50% at fault is only based on Progressive’s practice of splitting the blame on these types of accidents. I currently don’t have 50% of the realistic quote of 1675.00-2000.00. Does that mean I need to settle for the 373.00 when someone else runs into my car and i only have liability insurance on it. Isn’t there an insuirance board or state repair shop I could get closer to the acvtual cost of repairs? I may need to get parts from a junkyard, but 373.00 isn’t enough for that.
December 29th, 2012 at 4:44 pm #patrick

The accident happened in CA. My wife wasn’t at fault, she was stopped, but no way to prove that. I don’t currently have my half of the 1675.00, so do i need to settle for 373.00? Is there a mediation shop that will get closer to the actual cost?
December 29th, 2012 at 4:52 pm #Jason

Patrick,
It’s very likely that if you have your car repaired for the total cost of $1675, you will pay half and the amount the insurance company will pay is half.

If you don’t have the body shop repair the car so they can work out the details with Progressive, you will have to take the settlement and do the best you can with it.

Your other choice is to sue the other driver/Progressive. After a lot of time and money, you might get the award of 50% of the $1675 in damage but that is something you could get right now if you had the car fixed.
December 29th, 2012 at 5:37 pm #patrick

Thank you for your expertise. It sounds like we need to accept the 50% at fault and the amount. How much time do i have to come up with my half? Is there a way to keep it open until I can make some extra money? 3 months maybe?
December 29th, 2012 at 6:13 pm #Jason

Patrick,
Those are questions to ask to Progressive. Let them know your plans and tell them the body shop you want to do the repairs won’t do it for less than the estimate that estimate wrote. You may have to send them a copy of that estimate.
January 10th, 2013 at 12:40 pm #Robert

What is the penalty for someone if they lied on an insurance claim when they were a minor but they no longer are?
January 10th, 2013 at 5:02 pm #Jason

Robert,
It doesn’t matter if the misinformation was presented by either a minor or an adult. Insurance companies look at a lie as a type of insurance fraud. There are statues in your state that dictate the kind of penalty for that. Your state is unknown but if you want to look that up, research under your state statutes and fraud (or insurance fraud). This is something you probably could do over the internet.
January 17th, 2013 at 8:38 am #shayne

Hello,

My girlfriend was in an accident. the fault is apparent as the other party ran a red light. their appraiser has already came out and declared the car is a total loss. its been almost 1 month since the accident and we’ve been having trouble with the other insurance company. they claim that they have not yet been able to reach the insured to take his statement. we havent been able to get a call back from thier adjuster. we got this info from our carrier. Will they be able to deny our claim because the insured is unreachable or non-compliant? and how long do they have to make a decsion? unfortunately we have liability only, so we have no other way to pay for the loss. also, will they be liable for rental alowance since the date of loss? Do u have any suggestions for how to handle the adjuster?

We do live in CA
January 17th, 2013 at 9:20 am #Jason

shayne,
Generally insurance companies will makes attempts around 30 days to obtain the information from their insured.

If they are not successful in reaching their insured, they will then make a determination with the information they have at that point.

If this other driver’s insurance company is going to accept the liability for this loss, they should also pay a reasonable amount for a rental car from the date of loss until the date they settle the claim with you.
January 17th, 2013 at 2:35 pm #LIZ SMITH

My partner of 7 years and the father of my 3 children, one yet unborn, recently committed suicide (01/2013). We live in California and in Aug 2012, he hit a deer w/our car which is in both of our names with an insurance policy from AAA that covers any person driving the vehicle. Unfortunately, he drug his feet and the claim is still in the process of being settled. AAA told me that since he has passed and had not claimed a beneficiary, the monies remaining after paying the lien holder, would go to his parents. Can you tell me if this is true, and if so, why? I would think any remaining funds would go to his surviving children. Thank you for your time and consideration, any information is helpful.
January 17, 2013 @ 2:34pm
January 17th, 2013 at 10:02 pm #Jason

Liz,
Intestate is the form of property disposal that the father of your children’s estate needs to go through if he did not have a will or a trust upon his passing.

There is a specific formula for the heirs that are decided by law that the property goes to concerning a deceased person. The first would be the dependents (or children) and the secondary avenue is the parent or parents.

Do a google search for the terms “ca intestate law” and the one entitled “dying without a will” should give you clear guidance on what should happen.

Since you are an insured, the claim should either flow entirely to you. At minimum, you should receive 50% of the proceeds but if that happens, that would be upon the insurance company to dictate survivor rights and they don’t really belong in that arena since you are a named insured to this loss and survivor rights don’t apply since you are still alive.
January 23rd, 2013 at 2:33 pm #Cathie Langdale

My family and I were in an accident. The other party was at fault. We have medpay and thats who has paid all our medical bills. My husband is a disabled VET and was seen at the naval hospital. Because my husbands percentage of disability he pays no copay so the VA hospital issued no bill nor did they even input the insurance information. Now its time to get paid by the other parties insurance and they will not issue a check for my husband unless they include the VA on the check. I feel they are holding our money hostage cause when we went to the accounting department at the VA they said non of them are authorized to sign such a check. so our check would be worthless.
Any advice
Thanks for your time
January 23rd, 2013 at 4:05 pm #Jason

Cathie,
You could ask for a release from the VA so you can present that to the insurance company. The insurance company is just covering its bases by including the VA. But that may be more of a hassle than your other alternatives.

If you don’t want to go that route, get the check with the VA on it and then handle that battle when you have the check in hand. If may take some time, but there is someone in the VA that can and will sign it.

Or perhaps you could have then write out the check to you for a stated sum and then they could write another check to the VA for the related expenses your husband had there.

You might have to be creative on this one to get past your obstacle.
January 28th, 2013 at 5:40 am #Jodi

My daughter rear-ended a car that yielded/stopped at a yellow light. My daughter and the other driver exchanged info. The other driver got an estimate for $2000.00 and also wants a car rental for 2 weeks. My question is should my daughter pay the cost out of pocket or go through insurance. Do you think the length of time for the rental is realistic?
January 28th, 2013 at 6:52 am #Jason

Jodi,
Without a doubt, go through the insurance. No matter whether this accident is paid out of pocket or through the insurance, it is an at fault accident.

For damage in the $2000 range, a 2 week car rental is not realistic at all. Let this guy go through your insurance to settle his claim.
January 31st, 2013 at 10:05 pm #Miranda

i was involved in a 3 car accident. Drvivng on the highway the car infront of me hit the car infront of him of course in did not notice veh, sttoped until was was closer because his breaklight never was on. so i did break but i still slid into and hit his rearend my car had the most damge in the front his car did get dame in front and back but now he got a ticket for following to close and i got one to his at fault with the first veh and im at fault with him, which i should not be at fault its not my fault he was neglagent and his lights not working properly. thing is because he hit the one in the front his air bags came out. mines did not and i hit in the back so im afraid they are going to try and have me pay for it all when it was not my fault i can pay for rear damage but no way should i be liablr for front rnd. My insurance company says im at fault because i hit him without looking into considersation the factors way
January 31st, 2013 at 10:10 pm #Miranda

i was involded in 3 CAR accident on the highway car infront of me hit cR INFRONT OF HIM WHICH CAUSED ME TO HIT HIM I WAS ABBLE TO STOP but my car slid and hit him my airbags never came out i was fine but his did because he hit the other car and now im afraid that they will have me pay for all when it was not my fault but my insuance say i was at fault because i hit him without putting other things into consideration as we were on the highway he suddenly stops his breaklights dont go on i see he hit the other party so thats when i tryed stopping by my car still hit him.
February 1st, 2013 at 9:05 am #Jason

Miranda,
The first car is car #1, the middle car is car #2, and your car is car #3. This is how it will be illustrated on the accident report.

#2 failed in the level of responsibility by hitting the rear of #1. Because of the events in front of you, you owe #2 the duty not to hit car #2. By hitting #2, you would be responsible for #2’s rear damage (and your front damage).

Car #2 would be responsible for car #1’s damage (and his front damage).

It is very likely #2’s brake lights were operable. Even if they were not, does not provide you with free-reign to smash into the rear of his car. You have a duty to avoid hitting another car by defensively driving.

If #2’a brake lights were not working, why did you apply the brakes in your attempt not to hit car #2?
February 21st, 2013 at 2:29 pm #Alexandra

Dear Sir’s,

We are first time homeowner’s. We purchased a home in June of 2012, there was a relator who got us in touch with a mortgage co. who in turn referred us to a farmers insurance agent, all knew and spoke to each other and worked together in tandem to help us in the purchase of our home.

Now it is 8 months later and starting in approx. Sept. an new mortgage house has taken over our policy, and all the required insurance that was deemed a requirement in order to make this purchase is null and void. The hard to contact Farmers Insurance Agent that assured us we had the required flood insurance is no where to be found and others have taken over his books…

He had been assuring us and sending out the ppwrk, over the last five or so months all to no avail. Meanwhile the new mortgage co. has been charging us $500.00 extra a month for the last five months… that on top of our mortgage, and wont accept any minimum payment… This is all due to our not having the insurance we were under the impression we had.

Now my question is what can we do? Does Farmers Insurance work this way? Does this happen to anyone else? What should be our next step?
February 21st, 2013 at 7:05 pm #Jason

Alexandra,
Check the area of BEST AND WORST INSURANCE COMPANIES at the top of this page. Get a different insurance company and get the required insurance you need for your home so you are not charged by the bank any further. It sounds like after 8 months, you are not going to get results from your Farmers agent.

Your new agent may be able to backdate your policy so it is effective for the months you have been charged by the mortgage company. But it may be difficult to find an agent to do this for you. They may do this backdating with your assurance that no claims occurred and you would simply be paying the premium to avoid the mortgage holder insurance. Make sure your mortgage holder will accept a back-dated policy before you do it, if you are able find an agent that can work with you.

You have to take charge of your situation because it is costing money each day you don’t get the insurance issues resolved.
February 23rd, 2013 at 1:26 pm #Paula Stokes

This story is a tricky one-yet I really feel that you will have an answer to my question that I will type at the end. My car worth 24,000 at the time of wreck occurred in 2008. The Body Shop that repaired (was on my insurers list. Wreck was my fault. The Body Shop not only did not follow the rules of notifying me of what was being done to my car-never did they present documents for me to sign-when I went to pick up the car after they had it for 3 MONTHS which my replacement car allowance covered very little-no papers were given to me to sign off on-nothing. I just drove off. After having the car for a week-a friend who used to work in a body shop noticed as soon as he looked at it-things that were wrong-water in the front headlight for starters. he crawled up under the car and saw rust everywhere-joints not lined up- white chalk numbers on parts that he knew immediately had come from a junk yard…. to a female (me) the outside of the car looked fine-if he had not gotten involved I probably would have never known-UNTIL I ever decided to sale the car. So, to top everything off -he discovers that the front end had a different vin #. They took the whole front end off of a 2003 4-Runner and stuck it on my 2004 4-Runner.
So, I paid $300.00 to a company that does total unbiased reports on cars and photographs everything, documents everything he sees that is defective and he also took the receipts for work done that were submitted to my insurance company-and included in the report work that was not done but billed for parts not replaced but billed for etc. He put the report into a nice professional notebook-with a CD included of the report-and I headed off to hire a lawyer. My lawyer files a lawsuit against the Body Shop for Unfair Trade Practice- That was in 2008- there have been so many postponements from my attorney and their attorney that here we are in 2013. My attorney did manage to do depositions 2 years ago-and in my opinion they are very damaging to the Body Shop-so with a FULL report and Depositions and I have even SOLD the car so the diminished value is right there on paper. As soon as the Carfax report hit the desk of the buyer my car went from $16,000 down to 8500.00.
Now after knowing all of this information- I am going to switch to another direction. My car is in litigation. I have an attorney and have had since 2008-I paid him a retainer for $3000.00 in 2008. So two days ago- while researching Unfair Trade practice me-I- stumbled across this shocking fact. “IF A CAR IS WORTH LESS AFTER REPAIRS THAN THE VALUE OF THE CAR BEFORE THE WRECK IN THE STATES OF NC, VIRGINIA, AND KENTUCKY ONLY-CAN A CLAIM BE FILED TO YOUR OWN INSURANCE COMPANY FOR DIMINISHED VALUE- AND IF YOU HAVE A REPORT SUCH AS I HAVE AND A LAWYER SUCH AS I HAVE-THE INSURANCE COMPANY WILL HAVE NO CHOICE- AND THERE ARE 3 DV categories it could fall under.
So, my REALLY BIG QUESTION to you is (putting the lawsuit aside) but yet beause there is a lawsuit still pending CAN I FILE A DV CLAIM WITH MY INSURANCE COMPANY EVEN THOUGH STATUTE OF LIMITATIONS HAS PASSED (for NORMAL circumstances). I know fully well why my INSURANCE company did not mention this to me back in 2008-but I SHOCKED my attorney still hasnt mentioned it. I have a scheduled call with him this up coming Tuesday.
Can you shed any light on this incredible situation I am in? With all my heart I will appreciate hearing anything you say.
February 23rd, 2013 at 1:33 pm #Paula Stokes

PS I forgot to mention that I live in North Carolina.
February 23rd, 2013 at 1:42 pm #Paula Stokes

PSS I never saw- spoke- got a call from anyone from the insurance company (the agent assigned to my case. Not one word did I ever hear from her or him-I don’t even know who they were.
February 23rd, 2013 at 1:50 pm #Jason

Paula,
The statute of limitations allows 3 years for contracts. You are outside that limitation for a diminished value claim. The only exception to this is if you named the insurance company in your suit, but this would not apply since you mentioned you are have only sued the body shop.

There is no additional assistance beyond what your attorney is doing for you in your civil conflict with the body shop.
February 27th, 2013 at 9:37 am #Stephen

We were asked to provide an estimate to a damaged building by an insured owner. He told us the insurance company required 3 estimates.
The 3 estimates were within 7% of each other, we were the lowest.
The owner told us that the insurance adjuster used our estimates to ‘shop’ for a lower bid. Perhaps from a company they know or are related too?

Is this practice used by the insurance adjuster legal in Virginia for the insurance company and the construction company responding to a ‘shopped’ bid?

Thank you,
Stephen.
February 27th, 2013 at 11:47 am #Jason

Stephen,
What the insured told you about what the insurance company said is hearsay. When you repeat it to us about what the insurance adjuster said to the insured, who then told you, only to post it on here, makes it 2nd-tier hearsay.

It is difficult to rely on someone telling you something they may or may not have originated from the insurance company. It would be speculation to think there is nepotism or closely linked relationships at play here.

Most likely the insured is price shopping his repairs because it doesn’t make sense that the insurance adjuster would be requiring the insured to do that type of thing. Unfounded information isn’t something that should be relied upon.
February 27th, 2013 at 8:13 pm #Jackie

My car was keyed,the estimate was for 3200 done by my insurance company,because my last paint job was 800 dollars 2 years ago my insurance company offered me 700 to get my car painted. Is this legal?
February 27th, 2013 at 9:46 pm #Jason

jackie,
If you were able to get your car painted for $800 last year, they should be offering you $800 if the same body panels need to be painted. If this does not address your concerns accurately, re-post with some more clarity.
February 28th, 2013 at 4:28 pm #Aaron

Hi,

I just wrecked a motorcycle in the state of VA. The motorcycle was totaled (although I have not talked to an adjuster yet). There was a performance exhaust and an aftermarket computer installed on the motorcycle. These parts were permanently installed on the bike. There were no riders on these parts. Are they covered?
March 7th, 2013 at 8:21 am #Rick

A lady hit my parked car. I started a claim with her insurance, who inititally told me it appeared her policy was not in force. They allowed me to continue the claim, but I also filed one with my insurance. My insurance gave me a check, and now her insurance says that she did in fact have valid insurance and they’ll pay the claim. My question is how to have my insurance claim totally wiped out. I have not done anything with the check and will be returning it to them. I just wonder if there is a way to be 100% sure that this doesn’t get recorded as a payout by my insurance. Thanks.
March 7th, 2013 at 11:36 am #Nancy

Hello I am hoping you can help my family and I with this question. Ive read through all the comments and haven’t found one that can help answer mine.

My family home suffered a house fire in June of 2012. It was a total loss and our insurance company has made good on rebuilding it and we are nearing completion. As a result of this house fire we had to establish and turn in a contents claim. Our adjuster who has been so far a solid upstanding guy (albeit hard to get a hold of sometimes), gave us 6 months to turn it in- as one can imagine with a 5 bedroom house this took some time and dedication. We were giving the contents paperwork that included carbon copies to hand write everything in.

Being the modern gal I am, I asked and double-checked with our claims adjuster about utilizing excel to capture and organize the contents list, which he said was perfectly fine as long as we sign all sheets. So around thanksgiving we turned in printed out excel sheets, receipts and pictures supporting our contents claim. We also sent along a zip file of the excel workbook that contained the contents list. We double-checked our adjuster received it, he told us he sent it along to the correct people and explained how the deprecation would work.

As of Monday we received in the mail a letter from our insurance company…with new contents paperwork asking that we hand-write our contents list over to the documentation they provided (carbon copy sheets)

I think this is ridiculous and I cant figure out why our claims adjuster would agree to allow us to utilize appropriate technology…just to turn around and have our insurance company ask us to respend time handwriting it all over. We were well under our contents claim amount, and kept it honest with what we claimed with pictures and receipts etc. My only thought is they are trying to discourage us from pursuing a contents claim? I will definitely sit down in the coming weekend and tediously handwrite everything over, but what recourse do I have to ask them why they are asking us to do this?

oddly enough I work in insurance, just on the u/w side. not the claims side and this practice is something I haven’t seen. I hope I have made sense. thank you!
March 7th, 2013 at 12:01 pm #Jason

Rick,
Stay with your insurance company settling the claim. Your insurance will collect from the other insurance company, including your deductible, that your insurance will then reimburse you for your deductible that was applied.

There is no undoing a claim. You should not have concern about that because the accident is recorded as a not at fault accident for you.
March 14th, 2013 at 2:55 am #charity

recently my car was keyed in five different spots i reported it to my insurance and filed a comprehensive claim after submitting all required forms they asked for they are now avoiding me and passing my claim off to other adjusters and saying they need to further investigate i feel like they are stalling and making it hard to get what we are entitled to after all we pay our premiums why are the acting so shady
March 14th, 2013 at 9:09 am #Jason

charity,
How long has it been since you made a police report and submitted the forms to your insurance company?

Nothing you posted supports your statement that the insurance company is stalling or that your insurance company is acting shady.
March 17th, 2013 at 11:59 am #Mellisa

Hi;

I was rear ended on the highway during morning traffic in California. Traffic had come to a complete stop and not a drastic stop the car behind me was traveling too fast and not paying attention due to construction in the center divider happening he hit me and because I was at a stop with my foot on the brake the impact caused over $6,500 in damages and the person who hit me their insurance paid for it on my 2011 Ford Focus and I also had proof that it caused my front alignment to be off. I had my car fixed as i was driving away and noticed there was a whining sound from the front end I took it back to the mechanic immediately and told they said it was the front wheel bearing and they would get it taken care of because it was due to the impact. As they contacted the insurance company they denied that was not caused by the accident and will not repair it that it was my responsibility. The mechanic is still fighting with them to get it fixed because they had sent them all the paperwork stating this was their responsibility. They keep saying i was hit from the back that this would not cause damage to my wheel bearing if that was the case then why was my front end alignment off and they covered that in the repairs and the mechanic even should them proof. What do I do to get this resolved? Do I need to get a lawyer to get this fixed? so frustrated.

Thank you for your help.
March 17th, 2013 at 1:20 pm #Jason

Melissa,
Has the insurance company asked you or the mechanic to explain to them how a wheel bearing was damaged as the result of the accident?

Rear wheels on a car are not adjustable as far as alignment goes. The front tires can be out of alignment if there is a bad bearing. Without damage to the front, it is unlikely the front end was out of alignment, except for the alignment variance due to the bad bearing. The bad bearing should have been noticed by the mechanic at the time of the alignment.

The insurance has a good point that bearing do not become damaged as a result of an accident on the opposite end of the car. Bearings are wear components on a car and unless you left some detail out about the accident, there is a high certainty that the bearing failure is not the result of the accident.

Continue to let the mechanic state your case for getting the bearing replaced as part of the claim. Don’t get an attorney for a bearing replacement because the first 2 hours of an attorney will cost more than that of the bearing replacement.
March 18th, 2013 at 2:15 pm #Mellisa

Jason – just a key note a month before the accident I had new tires and a front end alignment done to the car. When the accident happened and the car was being fixed I had the paperwork regarding the alignment had just been done and the mechanic said that because the impact and the pressure of the brakes caused the alignment to be bad and the mechanic did say that in this case it is very possible for the bearings to be bad due to this accident. the insurance company asked the mechanic to show them the proof and they were shown proof that this is possible but at the same time also wanted the car to be torn down again to see the part and then they would make their decision. So if the bearing was bad at time of the alignment before the accident should I take it back to that mechanic and is there something I could do since you say they should have noticed that at time of the alignment? Thank you for your feedback it’s very helpful.

Mellisa
March 18th, 2013 at 3:05 pm #Jason

Mellisa,
Impact to the rear-end would not damage the bearings on the front of the car. Brakes usage is applied on the car many times during its daily use. So braking would not cause bearings to fail no matter how much pressure was applied to the brakes. Also using your brakes does not cause front ends to be out of alignment. Striking a curb, hitting a deep pothole, or having work done to the car’s steering components may cause the alignment to be out of line.

It is nearly impossible for a rear-end accident to affect front wheel bearings. For the mechanic to tell you otherwise is misleading.

Bearings wear out over time. Sometimes slowly, and sometimes quickly. To assign blame to the mechanic would get you nowhere because bearings fail on their own and are not because of something the mechanic did. Does the mechanic owe it to you to check for worn bearings while doing an alignment. No, not legally, but he should inspect for that during an alignment procedure.

Just get the bearing(s) replaced and let the insurance company inspect it for their coverage determination. If they don’t cover it, just pay it as a maintenance repair because bearings are a wear items.
March 19th, 2013 at 2:03 am #Christine

how can an ex squatter who broke into my home whilst I was in uk and he remained for a total of 9 months? He also brought in a very malicious dog which my 8 year old son and I were terrified of, and the squatter used the dog to basically make us live, eat and sleep in the smallest bedroom of the house. If he heard one of us moving or going to the rest room the squatter came out of the room he took over knowing the dog would follow and of course it made me grab my son and run back into our room.
we were terrified of the sqatter and ever time i called the police he lied and said he was a renter and then i found out if a squatter is in your property for a certain time they actually do get full renters rights which is just shocking.
However, after he opened a contractors license using my home as his place of doing business, he emailed to say he had took all his belongings and left, then 5 months later i find he had filed a fraudulent lawsuit behind my back for supposed wrongful eviction whilst he was not even invited?
He left, he informed me he had all his belongings, he then got a fraudulent default judgement for $97K stating i had stole all these supposed items which I had never seen the squatter with.
AAA insurance came out as I had found some items in a playhouse he had illegally built which was of course un permitted, unsafe and unfinished.
The master suite was all cathedral ceilings, he also took the liberty to build a ceiling over the bathroom portion which allowed him to build his perverted playhouse at the far side of the ceiling which you just did not see as the edges around the door were totally hidden.
however, i managed to get up there, he had smashed a hole from iinside his playhouse to the very outside of the house, he had made holes through the roof that now just floods my garage, and i saw he had smashed the hardboard which would have given him access to the remainder of my home and sadly found a webcam.
AAA allowed this squatter to file a fraudulent home loss claim for $97k on my own personal home insurance policy.
I have filed id theft against him as i know he also had managed to get on my aaa auto insurance policy as well – i am just astonished that aaa would even accept a claim from such a criminal. i have told them that the lawsuit was filed behind my back and i was not served and was out of the country at school most of the time it was going through the courts, he of course managed to get a default judgement as i never showed up to court as that squatter and his attorney robbed me of my day in court as they intentionally failed to serve me, and after he got the fraudulent default judgement, he then filed a fraudulent insurance claim, and then went to file a lien against my home also.
I have told AAA that I have filed ID theft against this criminal, and because stealing all my personal id enabled him to file the insurance claims and liens that he should be reported to the da as he has now put himself into the situation of being charged with criminal charges due to what he has so illegally done to me.
Why will AAA not do a thing to assist me – I have shown them all the documentation I provided to the police to file the id theft report and they have still refused to do a thing.
I have told AAA I give them one week for them to deal with this criminal and come get all of his trash he had hidden in his perverted playhouse (and I had not stolen a single item and he was the only one who knew it was there), then i have no choice but to report the criminal and AAA to the da to proceed with criminal charges and AAA need to be dealt with also as I can not believe how they are protecting this theif?
any ideas anyone – he is stating the date of the loss was 5/4/2011 and it was not filed with AAA until 8/2012 so how could they have even accepted it?
They know this squatter had also got onto my auto insurance policy behind my back and also got his own renters insurance and AAA did not even inform me and they are supposed to by law as what he insures in his rental insurance effects my personal home insurance policy?
March 19th, 2013 at 9:13 am #Jason

Christine,
After reading your situation, it seems you are affiliated with someone that abuses the people they are around. Although you mention AAA, the problem you are facing involves this man, not the insurance company.
March 27th, 2013 at 6:07 am #Joe

If I work in one state but live another, what ‘State’ Requirements for claims processing need to be followed, my state of residence or my state of employment?
March 27th, 2013 at 11:21 am #Jason

Joe,
If your question is understood correctly, your actions need to conform to the location where the claim originated. That is because of the principle of jurisdiction.

For example, if you have car insurance and live in MN but have an accident in IL, the laws of IL apply to the accident.
March 27th, 2013 at 11:54 am #Joe

Jason, thanks for the response. I am asking specifically about a disability (STD or LTD) claim. If I reside in one state, but work for an employer in a different state what State ‘Rules’ appy as far as claim acknowledgement, etc. For example, I live in New hampshire, but work in Maine and need to file a disability claim due to cancer. Would the insurer need to manage the claim based on NH State Regulations or Maine State Regulations?
March 27th, 2013 at 12:56 pm #Jason

Joe,
STD and LTD are contracts of insurance between you and your the insurance company your employer contracted with. These contracts should outline in which state any disputes are settled. You will have to review the contract to determine that.
April 4th, 2013 at 12:44 pm #Jay

my insurance company issued a policy 4 months ago sense then we had a pretty good wind storm and damaged my shingles I had a roofer come out and assess the damagethey worked up a full report for me showing all of the broken fastners and the wind damage that were on the roof. Now my insurance company who has taken a payment on my policy for four months is stating that the roof is past its life expectancycan an insurance company legally do this?I don’t see how my roof could have passed its age within 4 months time they’re only argument is the age of the roof they’ve already admitted to the wind damage being there does anybody have any advice? we argued with the insurance company then he sent out a moisture specialist to assess my roof and try to sell me on underlayment for my crawl space not anything about my roof now I am at a standstill insurance company says they stand by their decision can they deny my roof because of the age when there’s no leaks
April 4th, 2013 at 12:53 pm #Jason

Jay,
To understand your issue better, it would be great if you were able to cite the language your insurance company is using to deny your claim. “Past its life expectancy” is a vague and arbitrary concept and it is very unlikely this wording is found in your insurance policy.
April 11th, 2013 at 1:23 pm #SOS

I have an outstanding insurance claim that recently settled in which I still have not received payment on. This stemmed from a car accident that happened on 3/22/13 where I filed a claim with the at-fault driver’s insurance. My vehicle was totaled and I was offered a settlement on 3/29/13. When I last spoke with the claim’s adjuster, he said he mailed my settlement check on 4/5/13. As of today (4/11/13) I still have not received the check and it was mailed from the next state over. What options do I have to ensure I am not getting the run around by the adjuster and to ensure I receive payment ASAP? Am I giving the reasonable amount of time for the mail to deliver or could it be the adjuster really didn’t send the check when he said he did? What is my next step to ensure I receive payment? I have emailed the adjuster for answers but he has not responded to my concerns. Thank you!
April 11th, 2013 at 1:32 pm #Jason

SOS,
It’s likely the intent of the adjuster to have sent your check out when he said but he probably did not get it out until several days after he intended to send it.

Instead of just e-mailing this adjuster, call him too. Ask him the check issue date and the check number so you can have that for your records. Let him know you are concerned about talking so long. If you don’t get your desired results, then speak to his claim manager.
April 12th, 2013 at 11:42 am #Angie

SOS i would give it a few day the postal serves have been having issues lately. i have had stuff mailed in my state to a few streets over take weeks to get there so don’t worry just yet.
April 15th, 2013 at 9:23 am #SOS

Thanks for the responses Jason and Angie!

I still have not received the check and it has now been over a week since it was supposedly mailed. The adjuster stated he would re-issue a new check today to send overnight delivery. However, I have been calling and emailing him and he is not responding back. All I need is the tracking number on the overnight check being sent today so I can be sure to track it’s delivery since the other check he sent mysteriously got lost. My question now is this: Why would the adjuster ignore my calls and emails? They know that the money is owed to me because we agreed on a settlement amount and I have a letter to prove it. Is it really that hard to put a check in the mail? What other factors could be involved here that’s allowing a delay in issuing payment to me? In the meantime, I have lost out on the purchase of a new car due to this delay and I can’t get to work. The adjuster knows this but does not seem to care. Anything else I can do?

Thanks!
April 15th, 2013 at 9:37 am #Jason

SOS,
Keep calling and talk to this adjusters manager and explain the delays you are experiencing. We don’t know the internal workings of this claim adjuster’s office so speculating on anything there would not be appropriate.

Since you are having such a difficult time getting payment from your insurance company, it may be beneficial to check out the BEST and WORST INSURANCE COMPANIES at the top of this page and find one that is rated higher by its customers than you would rate your insurance company.
April 15th, 2013 at 9:45 am #SOS

Thanks Jason!

I will keep calling today and if I don’t hear back soon, I will find out who the claims manager is so I can speak to them as well. Luckily for me, this is not my insurance company- this is the AT FAULT driver’s insurance company who I’ve filed the claim with to reach settlement for my total loss vehicle. We’ve already settled on a price and they have already picked up my vehicle. So I should have received payment a long time ago!
April 15th, 2013 at 10:44 am #Lauren

Just a quick question for anyone who wants to answer. Can another person use your name to make a home insurance claim? For example, my father in law and my husband have similar but not the same names, and recently he made home insurance claims to have his roof completely redone as well as his basement, and he used my husbands name for the claims without the knowledge of my husband. I feel this is illegal. Am I correct? Anyone know anything about this?
April 15th, 2013 at 1:24 pm #Jason

Lauren,
Repost your question and be specific to how many properties and policies are involved so your questions can be addressed.
April 16th, 2013 at 5:33 am #Allyson

My family was renting a home that used to be the landlord’s immediate family’s primary residence. The landlord failed to change the locks and/or account for all keys. The landlord’s adult son and two of his friends used a key to come into our home and rob us at gunpoint and I was raped repeatedly.

We’ve sued the landlord’s insurance company for negligence on behalf of the landlord. They’ve denied the claim based on a ‘rental exclusion’. Apparently, the landlord never changed his homeowner’s insurance policy to reflect the property was now a rental.

Is there any way around this ‘rental exclusion’? Surely there is some sort of loophole based on sheer liability coverage.

Any help you can provide would be great, thanks.
April 16th, 2013 at 9:20 am #Jason

Allyson,
The insurance company substituted itself in your lawsuit against the landlord. The insurance company cannot be sued for the things you have indicated.

Correct or incorrect information of the landlord’s insurance policy in no way affects you so you don’t have to be concerned about his policy’s “rental exclusion”.

Since you are involved with a lawsuit, you should be discussing your concerns with your attorney. He would be able to help you a lot more than those on this site.
April 23rd, 2013 at 12:33 am #Bruce

Hello.
I bought a car from my mother who resides in Md. It is ensured through her ins. co., Bretheren Mutual Ins. Co. A bill of sale was completed and she signed the title over to me. I returned to my home state of N.C. on a Thursday and went to the DMV to transfer the title and register it in my name. I could not do this as my deceased father’s name was also on the title. I had to send the title back to mom to have her sign my father’s name on it and I had to obtain a Letter of Administration and a copy of dad’s death certificate. The following day after I had sent for these documents, my wife was driving the car and struck another vehicle (my wife’s fault). At the time of the accident, the car was still insured under my mother’s policy and was still registered in her name. Both my wife and I were operating the car with my mother’s full knowledge and consent. I had not yet had the opportunity to ensure it in my name. Immediately following the accident, I filed a claim with my mother’s insurance co. They are trying to deny the claim based on the fact that there was an existing bill of sale selling the vehicle to me. Can they do this? I maintain the preponderance of the law is on my side since the car was still ensurured under my mother’s policy, still registered and licensed in Md. and was being operated by my wife and I with my mother’s consent. If they deny the claim, do you think I’d be able to successfully sue them in order to have them honor the claim. Please help me.
April 23rd, 2013 at 9:50 am #Jason

Bruce,
Only the owner of a car can have an insurable interest in the car. You said in your first sentence that you “bought” the car from your mother. Your wife and you even had taken possession of the car. It is assumed you exchanged money with your mother for the car.

Further, you as the person of financial and ownership interest in the car have made a claim with your mother’s insurance company. You are the person claiming a loss because of the accident.

All the things just mentioned above demonstrate that your and wife you are the owners of the car. The ownership transfer took place when you paid for, and took possession of, the car. All the registration efforts further support a transfer of ownership took place from your mother to your wife and you.

At the moment of the sale, Bretheren Mutual Insurance company was immediately released from liability to your mother as it relates to the car. Your mother no longer had an insurable interest in the car because she no longer was the car’s owner. Bretheren never had an insurance contract with your wifeand you.

You will not be able to successfully sue your mother’s insurance company. There are several reasons why you would not succeed; your mother’s insurance is an agreement between the insurance company and your mother, and Bretheren has nothing to do with your wife and you.

Now, if you have your own automobile insurance and your insurance contract has a “newly acquired vehicle” provision that allows for coverage for cars immediately upon purchase for a short period of time (like 14 days), you might have insurance through your own insurance company.

This is the only option you have available so that is worth mentioning.
April 23rd, 2013 at 2:41 pm #Glenna Little

I recently had severed hail damage to the exterior of my home. This home was bought and paid for and is titled in my name only. The insurance company just sent an initial check for what their adjustor appraised the damages. Problem is that the insurance company sent the check to me and wrote AND inserted my husband’s name. So the check has to be signed by both. The insurance on this house is also only in my name. The other problem is I have had several appraisers access the damage and my insurance company is way under all of those appraisals.

Glenna
April 23rd, 2013 at 7:43 pm #Jason

Glenna,
If you bring up this concern about your husband’s name on the check to your insurance company, they should be able to re-issue the check to you only if you are the only owner and only insured on the policy. Only those that are owners and are the named insured’s should be listed on the check.

Send the estimate of the contractor you want to use and ask your insurance company to arrive at an agreed price for the hail damage repairs. This should not be your problem so let your insurance company work out the price difference. If they don’t want to work out the details of the price difference, they need to write you a check for the contractor’s estimate of your choosing.
April 24th, 2013 at 11:07 am #alex

my niegbor claims my wife backed in to her car. she did not witness this herself nor did anyone else. my wife denied this. my insurance denied my niegbors claim because my wife was not on my policy at the time. now there threating me with notifiying department of transportation to suspend my driving privileges if i dont pay them damages can they do that?
April 24th, 2013 at 11:16 am #Jason

alex,
It may be possible to notify your state DOT to start the process of suspending your license, but only if your state allows this for (uninsured) losses. Your specific state will have guidelines if this can be done.

You seem to have insurance on the car so they should not be able to suspend your license. In what state do you live?
April 24th, 2013 at 11:55 am #starr

I had some damage to my front and back bumber and called in a claim to my carrier who is gieco. They are now saying that the repair payment has to me two party either in mine or the shops name or mine and my lien holder. In ohio it is not required for the lien holder to be protected to the degree that the power to repair the vehicle how I choose is being infringed upon. I do not have a loan on this vehicle it was bought at a buy here pay here dealer and im almost done paying the car off. I do not trust the dealership or body shops. I want the control to insure things will be done correctly. How do I demand that the payment be made to me considering ohio does not require any two party reimbursement. This is really making me upset.
April 24th, 2013 at 3:35 pm #Kari

Starr- you do in fact have a loan- as you said it’s almost paid off- insurance has the responsibly to protect all interested parties- your buy here pay here dealer is one of them. If you want to control who fixes your car- find someone, let Geico know who it is, and have the check writtent to you and the body shop of your choice. If your car was paid off, the check would be to you only, as you are the only person with an interest in the car. But that isn’t the case. You owe the buy here pay here dealer that is why the check would be made out to the both of you.
April 25th, 2013 at 8:14 am #starr

The issue is that this buy here pay here dealer is not an honest establishment. I asked them the procedure and they are trying to force me to fix the car in their garage. I was looking at the laws in ohio and a insurance company ulis not obligated to issue a two party check. This dealer is not on my insurance policy so i do not see how legally this can happen. There is no law on the books that require this action. This is my main point. This falls under the unfair practices statute because my interest the one whos policy it is has not been protected. I do not have a financed loan with these people hoe do they dictate what I do. Regardless of whst happens to the car I still have to pay it off. Where is the law that requires this?
May 2nd, 2013 at 5:01 pm #Distraught in Indiana

I recently had a car accident. My tire literally fell off (faulty wheel hub) and the insurance is saying there was literally a 30 min lapse in coverage and of course the “lapse” was during my accident. The vehicle is a total loss and the pay off is roughly $19k. No other vehicles or people were involved and there was only minor property damage of which my husband already fixed. The property owners have been great to us! I have dealt with the special investigator and he has advised us we must go under oath for a statement or withdraw our claim and we will never hear from them again. He has establish the wreck occurred 30 min prior to what I reported and that I could face a Class D Felony! My question is this: do I just withdraw and be done with it? If I do withdraw, will they really just disappear or is there a chance they can turn it over to some other agency for review and possible charges? I can’t handle this stress. We are going through a very tough financial situation and are filing bankruptcy. My son is also very ill. I don’t have that fight in me right now. I also do not want to be charged with something I did not do! Please advise. Thanks in advance.
May 2nd, 2013 at 5:18 pm #Jason

Distraught,
I will assume the investigator is saying you had the accident and then after (about 30 minutes), you got insurance coverage.

Are you indicating you got insurance coverage and then immediately you got into an accident? Did you recently purchase the vehicle? Do you have any other insured vehicles? Did you have coverage on the vehicle and it ended and you paid to have it reinstated? What is the importance with “30 minutes” when policies generally start at 12:01 a.m., unless bound by an agent in the office with a specific date and time?

The timeline would be very important to know so your questions can be addressed.
May 6th, 2013 at 11:53 pm #Jessica

My insurance company agreed to send me $2800 for my totalled Monte Carlo. They took possession of the vehicle and the title. I never received the check though they say the issued one. I asked for them to stop payment on it and reissue it since it had been so long. I’ve called numerous times and even spoken with a supervisor and I keep being told there is a process for them to do this though they can tell the check hasn’t been cashed. It has now been almost 8 months since they got the car and the title. What can I do?
May 7th, 2013 at 7:44 am #Jason

Jessica,
Be persistent by calling them until you receive a replacement check from them. 8 months is way too long for this to be going on.
May 9th, 2013 at 7:36 am #jason

Hi my truck was in an accident about three weeks ago and had exstensive damage but because of its value it might not be totaled the insurance comp. has not made that decision yet is there a time limmit on that decision. Also if they decide to fix it the repair shop says it will take 90 days is there a law that sets time limmites on repairs due to the fact that i only have 30 days of rental coverage the most the insurance company offers thank you
May 9th, 2013 at 9:09 am #Jason

Jason,
Insurance companies try to get claims settled as fast as they can. There are no time limits for decisions to be made based on the the insurance policy.

You may want to find a different repair shop that can get the repairs done in a more reasonable amount of time. I’m sure even you believe 3 months is way too long for any amount of vehicle damage.
May 14th, 2013 at 7:02 am #Vi

I was in a automobile accident where my truck (had minor damages) hit the lower back passenger side of a car (minor damages) the traffic was “ Cross Shape” meaning the street I was on goes straight and the street they were on was crossing. The other drive and their witness claim I ran the “stop” sign however, I honestly believe I did not run the stop sign otherwise the car I hit would have hit the other car coming opposite of them. Nonetheless, neither I nor other party was insured at the time of accident however, I offered to pay for the repair of their damages at a shop that would repair it at fair cost. Considering their vehicle was a “95” with over 238,000 miles and my truck is a 2008 with 38600 miles. The other party is trying to get me to pay triple the KB book value because they want a shop they are familiar with and may I say the other parties car already had front in damage so they KB value is even less than the fair value. I decided to let them take me to court because I was more than willing to pay for their car to be in the condition it was before I hit them (despite my feelings of not totally being at fault because I believe they waited because its two way traffic on their street)but refuse to make it better.
May 14th, 2013 at 7:52 am #Jason

Vi,
The owner of a car chooses the repair facility, not you.

Every state in this country has mandatory insurance requirements. Because neither one of you had insurance, it is assumed you didn’t file an accident report.
May 22nd, 2013 at 7:42 am #carrie

Dear Admin,

We received a letter from our lien holder on our boat. They stated that they were receiving their records and they noticed that we did not have insurance on the boat from 9/2002 until 10/2004. The company was taken over by a new company. We did not know this. We have carried insurance on this item since we brought it, it has a lien on it. We have been checking our insurance company. It has been about 10 years now.

Well they want to charge us insurance now for this lapse of insurance back in 2002-2004.

We have insurance now and have been paying it.

We want to know if this is legal?

Thank you,

Carrie
May 22nd, 2013 at 8:28 am #Jason

carrie,
The concerns you expressed concern the policies of your bank. Since the issue concerns banking policy, this insurance forum isn’t going to be able to provided any guidance about what you are facing from your lien holder.

Perhaps you can provide insurance information to your lien holder that you did have insurance during the time they claim you did not.
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May 28th, 2013 at 6:11 pm #James

Two deer sprinted out in front of our motorcycle going down the highway resulting in catastrophic damage ( a total ). Our insurance company has been very good to us and I hope I don’t sound petty, but we are near the end of our coverage $5,000 each per/accident and I work a labor intense job that I feel keeps me from fully recovering. I’m worried about continuing PT costs. Will they give us a minimal lump sum for future expenses or are we on our own? Do we have any options? Thank you for any help you can provide.
May 28th, 2013 at 7:50 pm #Jason

James,
The $5000 that you mention is for medical expenses. Once the limit is reached, there are no more funds for your medical expenses. The only option you may have is insurance coverage through your employer.
June 5th, 2013 at 3:33 pm #mimi

someone opened his car door and scratched my car, she refused to provide insurance information and just took off, i only have her license plate number and picture that her car door hit my car and the damage is within my deductible. if my insurance company can’t find out her insurance information, is that the end? or insurance company usually sends that driver a letter requesting the money or insurance information?
i asked my insurance but people over the phone said they don’t know as that’s handled by another department.
June 5th, 2013 at 3:42 pm #bobo

an uninsured drunk driver rear ended my car and i took my car to a body shop referred by my insurance and got it fixed – i paid my deductible and the body was to get paid by my insurance directly. a few months later the paint chipped off and i took it back to the body shop. body shop kept my car and would not release it back to me unless I pay them $13000 because they said my insurance company has not paid him, and i found out my insurance company is an unadmitted carrier, not answering any more phone calls. is the body shop entitled to keep my car unless i pay them the 13000 that the insurance was supposed to be responsible for?
June 5th, 2013 at 5:58 pm #Jason

mimi,
If the damage is below your deductible, your insurance has no involvement in your damage and they will not do anything for you. Your insurance company has no obligation or reason to find out who her insurance company is. That responsibility rests with you. Your insurance company won’t send that other person a letter because that responsibility resides with you.

You need to take responsibility of things that happen to your car. If someone causes damage to your car and they refuse to provide their information, you immediately file a report with the police. When you do that, the police can obtain her information in the form of an accident report. If you didn’t file a police report, then the police have not been able to record the event in a police report, and you have nothing to get the other person’s information.

Had you reported this as damage to your property, you would have a police report that is there to document the involvement of the other person. Sure you may have to sue her to get her to pay or turn it into her insurance company but that is just what you have to do.
June 5th, 2013 at 6:15 pm #Jason

bobo,
Not-admitted insurance companies are not filed with, and subject to the laws and regulation of, the state in which they are conducting business. In addition, if the insurance company enters into insolvency, that same state will not back up the financial claims and obligations of the insurance company.

If your insurance company is not answering their phone, haven’t paid the body shop for your car’s repairs, yes, it is most likely the repair shop has placed a mechanics lien on your car for the total of the repairs they performed. Each state has different lien laws on their books and that seems to be the reason they have your car and won’t return it.

As for the matter of your insurance company not paying the repair shop for the repairs, that is an entirely different contractual situation between the insurance company and you. If your insurance company is insolvent, the issues you have with them are beyond the scope of this forum.

As the matter of $13,000, in order to get your car back, you will need to pay the repair shop the amount the insurance company did not pay.
June 6th, 2013 at 8:55 am #Leigh

My husband was in a motorcycle accident a couple of weeks ago. He was following a vehicle in a residential area. The vheicle appeared to be turning into a driveway at to the left but instead turned to the left then quickly turned right intending to back into the driveway on the left. When he came back to the right my husband didn’t have time to stop and hit the passenger side of the vehicle. My husband could not remember if a signal was used but the car behind my husband said no signal was used. The officer at the scene cited the other driver. My husband was taken to the hospital in an ambulance and checked for any bone breaks, etc. Both parties have the same insurance company. We filed the claim and sent in the police report, gave a statement and the witness gave a statement. No high speeds, no signal is what the witness reported. The insurance notified my husband that after their investigation my husband is at fault 75% and the other party is at fauly 25%. With the other party being cited at the scene I can’t understand how the insurance adjuster came to this conclusion. This is a minor claim and we don’t really want to hire a lawyer for something this small. Can you give any guidance as to how to proceed?
June 6th, 2013 at 11:46 am #mimi

thanks Jason.
actually i did inform the police when the driver refused to provide insurance and took off. the problem was even the police located her shortly afterwards, got her to come back to the scene and had her insurance information, the police did not put it on the report, because when she took off, she reversed her car at me even i yelled “stop, or i call the police”. she did that to escape anyway. i backed off as soon as the bumper touched my leg so i was not injuried, but the police said this is intentional not an accident so they are not going to put the insurance information on the report. I said when she open her car door to hit my car, it was accident. the backing up the car against me was intentional.
the police said either the whole thing was accident or the whole thing was intentional, they already cited her as not an accident, so they are not putting insurance info on the report.
i found out the police won’t put insurance info on report after they cited her and i could not change that.
June 6th, 2013 at 5:42 pm #Jason

mimi,
If the damage is below your deductible, just get it repaired and move on with life. Or if it’s not that serious, just leave it as is. This really isn’t something you want to be too consumed over.

If you want, the other alternative is to sue the other driver. Sure, it should be fairly easy to win, and if you do that, her insurance company may step in and settle the damage as an at fault claim. However, if you win in court and get a judgement and she doesn’t have insurance or refuses to get her insurance involved, you would still have to collect on that judgment. What you do is entirely up to you.
June 6th, 2013 at 6:24 pm #Jason

Leigh,
If you and the other driver have the same insurance, the protocol is to have two different adjusters handle the claim. One handles the claim for your husband and the other handles the claim for the other person. Those two adjusters review the details of the accident and they arrive at a percentage of fault for each driver, including who is more at fault. They take into account the impact areas, the accident report, road condition, weather condition, speed limit, witness accounts, and what each driver was doing before and during the accident.

It seems the two adjusters concluded the majority of the fault for the accident rests with your husband. In fact, they further clarify that by a 75-25 split.

I cannot think of any end result of hiring an attorney that would change the outcome arrived by those two adjusters. Ok, let’s say you sue the other driver. His insurance company is going to substitute in place of the other driver. That situation would put you in the position of having your own insurance company defending against your lawsuit. The insurance company will defend the other driver against your claim to the best of their ability. You would have to prove that the majority of fault was with the other driver. That may be a steep burden to achieve. Perhaps to keep everyone’s legal costs low, the insurance company may adjust the fault to 51-49.

It doesn’t matter if it’s 100-0 or 51-49 because it’s still considered an at fault accident. I don’t think the insurance company will adjust their at-fault determination to consider the other driver with primary fault.

As I read your explanation of the accident, I personally arrived at slightly more fault for your husband because cycle riders cannot enter a dangerous situation since an accident for a cycle rider is much more perilous than someone in a car. That may not be fair but since I ride cycle, I know extra buffer and caution is required.

You said it’s a small claim. Since you said you don’t want to get a lawyer for something this small, don’t get one.
June 7th, 2013 at 11:08 am #Amanda Driskill

Hello, and thank you for taking the time to answer my question. I recently had hail damage to my vehicle in the Oklahoma storms and filed a claim under my comprehensive insurance with State Farm. I was advised since my vehicle is financed through Chase that the loss draft will be in my name, and the lienholders name to protect their interests in the vehicle. However, when I purchased the vehicle from the dealer they “shopped” my loan, so ive never signed or received a loan contract from Chase so I don’t have any information on their clauses in this situation, nor can i find any specific information directly from Chase, or google on how to proceed with this check. My issue is I have a $1,000 deductible which i do not have the money for right now to come out of pocket to repair the vehicle. I was planning on putting aside the money until I had enough to cover my portion of the repair bill and get the hail damage fixed. Can I get state farm to issue me the check since there is no clause in a contract that I signed agreeing that they be a 2nd party to any insurance proceeds? Or can I force Chase to endorse the check with the estimate of the repair bill?
June 7th, 2013 at 7:36 pm #Jason

Amanda,
You need to work out the details of the claim proceeds with your lien holder. Your lien holder just wants to make sure that either your loan gets paid down the amount of the damage, or you get the damage repaired so they have the appropriate collateral for the loan.

I don’t think you can force Chase to do anything. You simply need to contact Chase and find out the options you have and then decide how you want to proceed.

State Farm will not issue the check directly to you. It’s not about a clause in your insurance contract, it’s about protecting the parties that have an interest in the car, and that would include your lien holder and you.
June 12th, 2013 at 12:52 am #Vicki

Hello,

We had a one car accident on a rode that had man hole covers lined up on one side of the street. When I say lined up I mean 2 man hole covers right next to each other every ten feet or so. I have never seen such a thing. This was in a newer development and the streets were not finished being paved. The covers extended a few inches above the street (an abnormal amount above the street). We were driving on this street in the dark. There was very bad street lighting so we just had our headlights. There were no signs posted warning of uneven payment and/or construction. As we were coming down the hill on this street we noticed the man hole covers extended above the street level and swerved to avoid some just to in turn run over another. As a result, the entire underside of our car/engine was destroyed to the tune of $7K.
We are still waiting to hear back from our insurance re. liability. I say it is the city or developer’s fault for not properly paving the street and/or notifying the public via signage of the uneven/abnormal street.
Any thoughts or logic I can use to fight this? I don’t feel that we should have to pay the deductible. I feel that the city and/or developer were negligent for not properly “signing” the area or paving the street for that matter.
June 12th, 2013 at 9:46 pm #Jason

Vicki,
Your insurance should cover your claim as a collision with the roadway. Just pay your deductible.

The way insurance works is that your insurance will pay for the damage done to your car. If it is the fault, or because of the negligence, of someone else – such as the city or county that maintains the roadways, they will request that the responsible party pay for your damage.

This is all done behind the scenes and if they are going to collect any money from the city or county, they will forward your deductible to you when, or if, they are able to collect.
June 13th, 2013 at 3:22 pm #Shawn

We filed for a hail damage claim on our roof of our home last April. When we received the claim estimate and check, we were told that we had 2 years to complete the repairs. Last Friday we received a letter in the mail that the insurance coverage on our home was cancelled due to unable to complete repairs in the time allowed. It has been 14 months. Is this right, can they cancel us when we had 2 years to complete the repairs?
June 13th, 2013 at 5:51 pm #Jason

Shawn,
The time period to fix a claim’s damage in most insurance policies is either 6 or 12 months in duration.

If the insurance company gives you the legally required amount of notice before they cancel your insurance policy, your coverage can be cancelled for any reason.
June 17th, 2013 at 6:22 am #Eric

I have a motorcycle that i recently bought with a salvage title. it was a 2012 with 1000 miles and because motorcycles are easier to total then cars it was totaled out after a very minor accident. long story short I got the bike insured with state farm with full coverage. they never asked if the bike was damaged as i heard they normally do ask. and they never asked if it had a salvage title or anything of the sort. I kept with the dont ask dont tell policy and got the bike insured as a regular title with full coverage. what would happen in the event of a claim would they not pay out would they adjust the amount of a payout would they even find out the bike was previously salvaged before payout in event of an accident
June 17th, 2013 at 6:49 am #RonK

Eric,
You are insuring your cycle not as a regular titled bike, but one that is a salvaged titled bike whether the insurance company knows that information up front or not. The premiums are the same but the insured value in the event of a total loss will be based on a salvage titled cycle.

Every motorized vehicle, including cycles have a VIN. When vehicles are totaled, this information follows the VIN and there are hundreds of databases that contain the information that your bike was totaled.

Sure, you have full coverage insurance, but in the event of a total loss, don’t expect payment based on a non-salvaged cycle. If you total your bike and make a claim, the insurance company will order a CCC Valuation, or similar report, and on that report, it will indicate very clearly your bike has a salvage title. There is no escaping the true value of your bike.

In the event of a future claim that does not total your cycle, your bike will be fixed and the salvage title may or may not become an issue.
June 17th, 2013 at 2:59 pm #Eric

ok thanks i wasnt looking for full value i just wanted to make sure i was paying for full coverage but only recieved liability
June 20th, 2013 at 12:15 pm #Kristen

We have had an incident here at my work where many cars were hit with overspray (two barn roofs behind us were being painted with silver metallic paint)… The guy finally filed an insurance claim.. I went and got 2 estimates to repair my car.. They at first made a comment that if they cash us out it will be for around $400/vehicle… My estimates were $1161 and $1192….. Now the insurance company has retained a company to come set up at work to clean the vehicles (without asking any of us what we wanted to do)…. The emails that we have been forwarded look like they are giving us no other options for repairs of the vehicles. I have read the reviews of this company and I am not pleased at all… What are our rights for this situation. Can they make us use them or do they have to pay according to my estimates so that I may take it to the shop of my choice… I am just wondering becuase I am not pleased with how any of this has been handled and Im not settling for some crap job.. My car may not be a $50k car… but it is mine and I have worked very hard for it… I have only 2 payments left on it…. What is the next step.. Thanks for any advice you can give!!
June 20th, 2013 at 12:52 pm #Jason

Kristen,
They can’t make you do anything. You would have to go along with their recommended action of settlement and since you don’t want to do that, you have another option.

Simply file a claim with your insurance carrier for the damage to your car. You will need comprehensive coverage within your policy to do this. Sure, you might have to pay your deductible, but your insurance will then turn to the negligent person’s insurance company and demand that they reimburse what your insurance company paid, including your deductible.
June 20th, 2013 at 1:11 pm #Kristen

I figured that would be the answer. I am trying to keep from filing a claim with my insurance. My deductible is high and to be honest, I just don’t have it right now. However, shouldn’t the other company be financially responsible to repair my car. Why is it such an issue for them to cash us out and let us get the work done where and when we want to. Afterall, it is their clients fault that any of this happened… And that is what we pay the premiums for. I know that they are going the very cheapest route to fix everyones vehicle.. Its not about the money.. But it is about doing what is right and what is fair. And to be honest.. Im not sure that I have ever seen two estimates so close (none that I have had have ever been on $31 difference.. usually hundreds of dollars difference) I am one that doesn’t back down easy.. maybe my better bet would for several of us to retain a civil attorney and go that way.. Thanks for your response.
June 20th, 2013 at 1:55 pm #Jason

Kristen,
If you insist on working with the contractor’s insurance, then you have to determine if their proposal to settle your claim is fair or not. Settling a claim depends on all party’s being content with the settlement. Insist on an acceptable settlement or don’t settle with them until the settlement parameters are acceptable to you. Remember, they want to settle your claim and you have to agree to the settlement terms. If you don’t agree, then the claim is not resolved.

I foresee the company removing the over-spray from your car with some sort of chemical solvent that will remove the over spray and a good portion of the clear coat of your car. Their method may make sense but thinning out the clear-coat layer of your car’s finish will then need to be taken into account. After the over-spray is removed, they should reapply the clear coat layer to the level it was before using the chemical solvent.

Getting an attorney will be paid out of your pocket and if you can’t come up with your deductible, you have to realize an attorney will be much more costly than paying your deductible – your deductible that you will eventually recover.
June 27th, 2013 at 5:20 pm #Carla

Hello, we don’t carry collision, so not much help from my insurance. My parked car hit in preschool parking lot. Woman who hit me gave me her insurance info at scene. They accepted liability, issued $1000 check for claim exactly one week after the incident, then a few hours later called to say they cancelled check and are denying claim. The woman claims I was moving. Gas station across street has video of my parked car being hit but insurance co says it is not clear enough. I did not get witnesses or file police report. (I assumed the woman who hit me would be honest, silly me.) What is my recourse, please. How clear does the video have to be. In my word vs hers, if I can produce video, is that something? Does the fact that she gave me her insurance info but did not get mine prove her liability? Is “mistake” a sufficient reason for their first accepting liability or do they have to give better reason for accepting then denying? Thank you.
June 27th, 2013 at 7:56 pm #Jason

Carla,
The insurance company can change their position even after they issue a check. They simply remedy that by stopping payment on that check and informing you of that action.

The only measure you have left is to sue this woman. Her insurance company will substitute themselves in the position of the other woman as the defendant. If you can get that video and it supports your claim, then that may be the only option you have.

You have to realize that the effort to sue this woman might not be worth your time, effort, and stress. It’s entirely up to you though. I think the hardest thing may be to get the video from the gas station. If the insurance company already has that video, you can ask the the insurance company for a copy in the discovery phase of the legal process. The court may not require the insurance companhy to turn it over as discovery if you have the means to obtain that video on your own.

The insurance company can change its liability decision for any reasonable change or addition to their understanding of a claim.
July 2nd, 2013 at 12:58 pm #Devin

I own my vehicle. I haven’t been in any sort of accident, but recently my transmission imploded, and my clutch went bad, and AAMCO gave me an estimate of 3950 dollars. My car’s value is around 3000 dollars as it stands. Is it possible to call it a total loss? And would that total loss effect my insurance costs?
Thanks in advance.
July 2nd, 2013 at 5:38 pm #Jason

Devin,
Automobile insurance doesn’t provide coverage for failed or worn transmissions and clutches.

As far as what you should do with your car is sell it as is and then buy a replacement. It doesn’t sound like sticking $4000 into a $3000 car is a good idea.
July 3rd, 2013 at 2:08 pm #Grace

A guy backed out of his driveway when i was driving by, and hit my car. He later denied it. My insurance company determined I was not at fault but, since there were no witnesses, his company refused to pay. My company tried to get the money from them, but they refused to pay. My company recommended I take it to small claims court. I won my case, and was paid the full amount of damages. My company had issued me a check (less my deductible), since they said they could not pursue the other driver unless they had a financial stake in the matter. When I won my case, I called my company and told them I was paid in full, and they closed the claim and I destroyed the check they had sent me. Then I went back to my company, because they had given me the lowest estimate to fix my car. They said in order to use them and their estimate, they had to reopen the claim. They did, and I got my car fixed. Then they sent me another check for the damages, less my deductible. My question is, am I allowed to keep their check? I have already collected from the other driver through small claims for the entire amount.
July 3rd, 2013 at 3:12 pm #Jason

Grace,
If everything you said is accurate about what your insurance company said and did including what you told them, your company’s adjuster doesn’t seem to understand what is going on.

Here is what should be the final result – You should have your car’s damages paid for in full, including your costs involved in suing the other guy. Technically, the rest should be sent to your insurance company.

Now, with the understanding I have and the probable amount of damage was not much (guessing between $1500 – $2500), your insurance company probably closed your claim. With a closed claim, they don’t expect any additional activity for that claim. This would include collecting from the other person’s insurance or you returning some of the funds.

I will refrain from answering your question.
July 5th, 2013 at 6:02 pm #Eric

Hi. I had a fire at my home. I’ve been told it is an electrical fire. The insurance company has found me a place to stay and have furnished it. It has been 6 weeks now and their lawyer has sent me a letter ordering me to take a EUO. Not only do I have to take one my daughters father has to take one. He doesn’t live at the home now, but he is around alot. Where you would think he lives with me.I have given them a autherization to look into my private life. I signed the sworn statement. I feel like they think that I had something to do with this fire. I feel like they think I set my home on fire. I am low income but I manage. I’ve managed to pay them every month and yes often I would lapse or be late but I paid them and have been since 2009. I’m hurt, angry, and depressed. I say that I have nothing to worry about because I’ve done nothing wrong but once I started looking over the internet I see that they don’t want to pay out claims. Its said. I have set an appointment to get a lawyer to represent the both of us. Im self employed and they are asking for documents I dont know how I can come up with. I called the phone company to get tower locations on the calls for the dates they requested that I think will not be a problem but they have requested the content of my text messages and the phone company doesnt save those att doesnt have those even if court ordered. What is going on Im so upset it is affecting my life in everyway. This has been the worse month of my life. Please give me some advise. Do they think I’ve committed arson. Why dont they understand how hard it has been just having a fire the stress. They say you in good hands. No your not.
July 5th, 2013 at 6:07 pm #Eric

Hi, I’m sorry I’m Eric girlfriend. It was my home that caught a fire. He thought that you could give me some insight on whats going on.

Thank You
July 6th, 2013 at 8:59 am #Jason

Eric’s g.f.,
Continue collecting the information they’ve asked for and send, or deliver, it to them as request. Continue with your efforts to get an attorney. It may be best to get 2 separate attorneys – one for your child’s father and one for you. Your attorney can explain this to you.

They probably think you or someone who acted at your direction caused the fire. They do understand how stressful this is for you. It is supposed to be stressful so they can get the truth. People panic under stress, and they make mistakes. If someone is not telling the truth, they expect the truth to surface. If you had nothing to do with the fire, that should be your goal as well.
July 8th, 2013 at 11:49 am #Clayton

I hit a deer with my truck while driving to work at night. I could not tell if there was any damage to my vehicle in the dark, but I called right away to report a deer hit. I told them I would call back if there was any damage. When I did look at it, there was no damage that I could see (I was driving slowly when it occurred). I lowered my deductible from $250 to $50 promptly because the thought of hitting deer and having a huge bill hit home for me. A couple of weeks later I actually hit another deer on the same road at night. Here in VA it has been cool and wet bringing the deer out onto the roads. This time, damage did happen but it was very minimal. It only cracked my chrome inside my headlamp casing. I called back in to report damage and they immediately accused me of “fishy” practices and insinuated that I was committing insurance fraud because I had lowered my deductible a couple of weeks prior and essentially the same thing happened again all the while not making a police report. They assigned a investigator to my case and 4 different insurance agents called me wanting me to record my answers to their questions over the phone. I declined to do this. I asked them to come look at my car and they declined and said they would not do this. Only until a investigator was assigned a few days later did he want to come interview me at my residence. At that point I had had enough and called in to cancel my claim. I can fix the stinking thing myself for around the same as my deductible by buying a part at a junkyard.
After I canceled the claim by phone, I then received a letter in the mail from the investigator called a claims withdrawal form, essentially saying that they were going to question me about both claims on file, and that no payment would be made and I requested no further consideration be given to these claims. It also states that the withdrawal form is being made on my own free will and I acknowledge that no threats have been made to me by the insurance company or any representative hereof.
I have to have a witness sign it with me. Is this legal? Is this an attempt to cover their butts and erase themselves of any legal ramifications of harassment? They have been calling me a bunch and not once have they come out to actually look at my damage and no payments have been made to me. Out of 5 years of insurance coverage with this company I have only made one claim for roadside assistance!!!!
Should I fill this form out? What implications do I have form filling it out? Is this a normal procedure when canceling a claim?
This is maddening and pathetic. I will probably switch insurance companies as a result!
I would appreciate any comments. Thanks
July 8th, 2013 at 12:32 pm #Jason

Clayton,
The insurance company needs to treat coincidental information and unfounded suspicious events in the same way they treat a bonafide claim. Their actions are based on assumptions and unless they have facts that support that your claim is fishy or fraudulent, it seems they have crossed a line.

The form they want from you is a formal closing of your claim with them. It is primarily to justify their closing of your claim without payment, even though it seems like a payment should have been made.

This is not legal advice but it seems like the only reason they want your signature on that form is so they can tie off loose ends on their part. I don’t think you have to finalize their inappropriate actions. They can close the claim file without your signature. It is likely your signature wasn’t needed to open the claim so why would it be needed to close it?
July 12th, 2013 at 12:44 pm #TONI WINTERS

ON 4/16/13 I was t-boned passanger side were i was sitting damage to the truck 10,000. medical ? the woman that hit us claimed fault to polce and ems her insurance paid truck damage within that same week . the med ….suprise to me falls under no-fault ,which has no paid as of yet keeps giving me its normal for the bills to go into collections first we will pay sooner or later . well hospital & doc are sending me copys of insurance denil which states that i have not giving them the proper forms (which ive already filed out more then 10 xs for them the s paper along with the same bills and mail 10 or more back to insurance company ) .when i call to ask them what forms they say the the hospital and doc are supose to sign and return them to them inorder for them to pay and that is why there getting denils from us ??????? well they are now in collections i have no idea if this is normal .
July 12th, 2013 at 1:53 pm #Jason

Toni,
If you have questions about what is going on, talk to the claim representative and ask as many questions as it takes for you to understand what is going on and what you can expect.
July 12th, 2013 at 6:30 pm #TONI WINTERS

Jason.Thank you , I guess what Im asking is….is it normal for medical bills to go into collections before the insurance pays them ? You see I dont want to jump the gun and hirer a lawyer, I simply want my bills paid and not suffer a additional injury to my credit rating , or be in a position were I should have done this or that . I have ask alot of question its always this is how is done and it maybe I dont know, so I took this opertunity to see if you could help . thanks again
July 20th, 2013 at 2:28 pm #Steven Hines

A friend of mine was making a left turn onto a street and the driver in that lane in front of her decided to backup striking her car in the door. She had already made the turn and was stopped when she was struck. He was talking on his cell phone at the time when he hit her car. The police were called and the guy told the police that he accidentally hit her car. They exchanged info but the police did not do a report. The guy clearly hit her in the door causing the door to stop opening. My friend called his insurance company to file a claim and found out that the guy told his insurance that it wasn’t his fault so they denied her claim. Since the insurance company was playing hard ball with her and see needed a working car she has since traded her damaged car into a dealer for a different car. Can she still bring a law suit against the driver that hit her even though she traded the damaged car in. Please advise.
Thanks
July 22nd, 2013 at 7:32 am #Jason

Steven,
Yes she could but since she no longer has the car, there doesn’t seem like a need to pursue that remedy.
July 24th, 2013 at 5:14 pm #Jim johnson

My home was recently robbed while I was at church. Forced entry was used. The police came took the report and investigated. I reported the burglary to my insurance company the next day. I reported everything missing to the police including where I purchased and estimated value. my claim was sent to Special Investigations almost immediately due to the value of the items stolen. I gave a recorded statement to the adjuster although she was very nice she did ask some rather unconventional questions. She informed me she would be sending me a sworn proof of loss form, I know his form is required per my policy…other forms sent were an authorization to release financial, credit, employment, criminal….misc form, and a non-waiver agreement. No where in my policy states that I would have to sign these forms which I feel is very intrusive and unreasonable being that they are not specific to the claim itself instead an investigation of my personal life. I am fine with doing the EUO if required but I will not release access to my personal affairs that have nothing to do with the claim. If anyone has an opinion on this or advice PLEASE PLEASE LET ME KNOW…thank you
July 24th, 2013 at 6:08 pm #Jason

jim,
Yes, you did agree to the terms of your policy that allow them to fully and thoroughly investigate any claim you present by wording similar to these taken from a common property policy:

Cooperation — All “insureds” seeking coverage, and the representative or representatives of all “insureds” seeking coverage, must cooperate with “us” in the investigation of a claim.

If you do not have anything to hide, it should not be an issue to allow access to the information the insurance company requests. I personally believe it crosses the line but words similar to those above are found in nearly all property insurance policy.

If you have additional or follow-up questions, simply submit another post.
July 25th, 2013 at 4:36 am #Jim johnson

This is what I found out as far as cooperation clauses in my policy “none exist in pertaining to the discovery of personal, financial, employment history of the claimant. What this requires from speaking with my agent is that I cooperate with their investigation in said claim not policyholder. Very thin line. The fact of having something to hide is irrelevant. My lawyer stated no one is required to give unlimited access to their financial records and or personal history. In an insurance claim this is unreasonable point blank. These releases are included with the proof of loss and other documents as a tactic, people sign them without knowing its not required. no claim can be denied for refusal to sign or release this information. An insured’s duty to cooperate with its insurer in the investigation and potential payment of claims is essential to the insurance relationship and is often a condition precedent to coverage. As the Supreme Court for the State of Washington recently affirmed, however, an insurer’s ability to deny coverage based on lack of cooperation is limited. Staples v. Allstate Ins. Co., No. 86413-6 (Wash. Jan. 24. 2013). To do so, the insurer must demonstrate a substantial and material breach by the insured of the cooperation clause that results in actual prejudice to the insurer. In other words, where the insured has substantially complied with the cooperation clause or there has been no prejudice to the insurer, a denial of coverage for breach of cooperation will not stand.

In short, for an insurer to deny coverage based on breach of the cooperation clause, the insurer must show a substantial and material breach of the cooperation clause that results in actual prejudice.
July 25th, 2013 at 8:50 am #Jason

Jim,
That is great that you have an attorney. Let your attorney know you are soliciting information from this site. If your attorney is reliable and competent, he will advice you not to post on this site.
August 1st, 2013 at 9:51 am #G Gunner

My boat was damaged during Sandy hurricane.
I had hull and liability insurance. The boat is a total loss. And State Farm paid the full amount.
But the marina sent me a bill for the recovery/salvage of the boat to the tune of almost $4,000. Most boat insurers I heard paid these bill as part of the liability insurance but State Farm refuses, saying that the issue was not caused by the usage of the boat – and is thus not covered.

I am dumbfounded. Any ideas what I could do now?
August 3rd, 2013 at 2:27 pm #Jason

G Gunner,
The coverage for the boat’s recovery would be part of the hull coverage, much like the towing would be for a car that was in an accident and needed to be taken to the repair shop.

Of course there is no liability because of the boat but that is not what the bill is about.

Talk to the claims manager. If that doesn’t resolve this, write a letter to the CEO of State Farm about your situation and what the claims department is doing.
August 5th, 2013 at 1:08 pm #Andrew Bowden

Hi, I was in an automobile accident about 3 months ago. Three horses and a donkey got out a fence and ran onto the rode, I hit one of the horses and it did a lot of damage to my vehicle. The owner of the animals insurance is going to pay for my damages, but her insurance has taken so long to get this claim underway I have been without a vehicle for almost 3 months now. They just out an adjuster today which is August 4 and my wreck occurred back on May 21. They would not pay for me a rental car because I am under 21 years of age. Insurance only wants to pay 11 days of “loss of use” , but my wreck occurred 76 days ago. How can I make them pay for this? And the delay was the insurance agencies fault, they even admitted on the phone.
August 5th, 2013 at 3:26 pm #Jason

Andrew,
You are not going to get them to pay for more days for loss of use unless you complain to them a lot. Then they might cave and allow more days, but certainly not 76 days of loss of use.

The other alternative is to turn it into your insurance company if you have physical damage coverage. Your insurance would then collect your deductible from the other insurance company and reimburse it to you when they get it.
August 6th, 2013 at 8:01 am #gotmetwisted

i had motorcycle insurance with #1 (ins.company) and having only a M1 permit and a valid class C dl. i wanted better full coverage, found ins.company #2 whom nobody could match, agent granted policy with #2 and canceled #1. BUT 1 month later i completed/passed msf safety program, M1 dl on its way, dmv written test passed too. but now ins#2 is preparing a rejection of my policy due to certain stipulations that only #2 requires for their policies on motorcycles, which are having 3yrs riding exp, but with a M1 licewnse, not a permit…. theres a clause, i can keep policy only if i had a automobile as my primary vehicle. but the bike is my primary,,//…. my point and Q is= they’ve already granted me policy, never asked whether i had M1 or permit, plus iam sure they under quoted me and thats another reason why they want to renigge. CAN THEY LEGALLY CANCEL MY POLICY? CAN I LEGALLY STOP THEM GIVEN MY CIRCUMSTANCES.,….????
August 6th, 2013 at 8:16 am #Jason

gotme,
Yes, they can cancel your policy at any time with the proper amount of written notice. No, you cannot stop them from canceling your policy.
August 7th, 2013 at 12:37 pm #Marjorie H. Coffey

I no longer reside in my home. My insurance company cancelled my policy. Is this lawful? The home is deeded to me.
August 7th, 2013 at 8:07 pm #Jason

Marjorie,
With the appropriate notice, such as 30 days, the insurance company can cancel your contract for any reason they choose. You can do the same thing, but you are not required to give them advance notice.
August 8th, 2013 at 1:56 pm #Sean

Hello,

3 weeks back, I got a 2013 Sonata worth $18,000 and I got it financed from a credit union. Yesterday, there was a hail storm and my car got quite a few dings now 🙁 My deductible to My insurance comprehensive is $1000. I don’t know how much it costs to get it done(not sure at all.. may be a lot may be very little). I would get an estimate from the adjustor in couple of days. I already spoke to my insurance provider and they told me that they can send a two-party check with Lien holder’s name and my name on it. As I still owe a lot of payments on the car, can I just ask the Lien holder(credit union) to pay it towards the principle. And do I still have to pay $1000 ??? Im confused.. Or is it better if I get the vehicle repaired. I’m not in a financial situation to put in $1000 now. But I dont want to a complete looser here as I got a new car and it got hit by hail storm(totally not my fault) and live with these dings and still keep paying the same amounts till the end..
August 8th, 2013 at 2:08 pm #Jason

Sean,
You don’t have to have it repaired. If you want the bank to apply it toward your balance, you can. They lost value in the collateral and if they lower their exposure by appying the insurance check to your balance, that would make it so their collateral was valued at enough to support your loan.

It’s entirely up to you.
August 8th, 2013 at 2:16 pm #Sean

Jason,

Thank you very mcuh for the prompt reply.

I think the answer you gave is a big relief to me. I was so much worried if the bank would do such stuff or not. So, in this case (I dont wanna get ir repaired) the more the adjustor’s estimate is, the happier I am ?
August 9th, 2013 at 3:15 pm #RED

a friend used my motorcycle without my permission and someone ran the light and hit them. I haven’t pressed charges because i didn’t want to send anyone to jail. I plan to go to civil court, but now they are suing my insurance company. what should I do?
August 9th, 2013 at 5:03 pm #Jason

Red,
Nobody can just sue your insurance company. They would have to sue you as the owner of the bike. It seems you have no liability because you didn’t give your friend permission to ride the bike and it doesn’t appear you did anything negligent.
August 14th, 2013 at 5:55 pm #Crystal

I was in a hail storm a few weeks back and filed a claim with my insurance company (GEICO). They hadn’t yet sent an adjuster out to look at it because they’ve been so bogged down. BUT, yesterday I was in an accident that was not my fault. I’m not sure if the other drivers insurance company (State Farm) will total my car or not. I do have the car financed still. So the question is: what happens to the hail damage claim if they total my car from the accident? Do I apply the hail damage to the loan and collect a partial from the accident? Or will they cancel the hail damage claim? I’m so confused!
August 14th, 2013 at 6:12 pm #Jason

Crystal,
Gieco should pay you for the hail damage. State Farm should pay you based on the damage you had. If the car is totaled, State Farm should reduce the amount of your car by the amount of damage you had in hail (Because the hail decreased the value of your car by the amount of hail damage on it.

It doesn’t always work the correct way, but that is how it should ideally be settled with you with both companies.
August 14th, 2013 at 6:42 pm #Crystal

How do they determine the value of the car to be totaled?
August 14th, 2013 at 7:59 pm #Jason

Crystal,
The can use a number of means. Comparable cars that are similar in the market that are available for sale or that have been purchased. An entrenched service company that provides vehicle valuations is CCC Valuescope. You can look it up on the web. A good place for people to go is NADA (dot) com.

Generally an insurance company will total a car if it’s expected repairs are over a certain percentage of the market value of the car prior to the accident.
August 21st, 2013 at 9:48 am #dan

Hello and thanks in advance
I own a building in pennsylvania that had the foundation damaged by
the attempt to install a pump station for the sewer authority by a utility contractor.I filed a claim with there ins.(travellers) and it’s been 9 months
they contacted me and said they feel that they are 50 percent responsible
and the engineers are 50%. the contractor signed a lease agreement with me
taking responsibilities for property damage. he wants to talk to a lawyer
and see if he could have something signed that if they pay for the 50%, that they could not be sued by the engineers for any monies i collect/sue the engineers for. Does this seem right ? and if they signed a lease agreement,
shouldn’t they be responsible for it ? is it common to put 50% blame on the engineers? shouldn’t an arbitrator assign responsibility ?
August 21st, 2013 at 2:05 pm #Rob

I got rear-ended at a traffic light last week on my motorcycle, luckily i wasn’t hurt but my bike got banged up a bit. It’s not gonna be totalled out but its got some pretty good damage to it. I talked to my insurance company after filing the claim and they told me I still have to pay my deductible even though the guy who hit me got the ticket and I was found to be 0% at fault (i was stopped at a red light). Is there no way I can get my deductible waived or paid by the other guy, I just want to get back on my bike before the weather changes, but an unexpected deductible was not in my budget plan, and if I have to pay it my bike will be laid up for the season.

Oh I’m in Michigan (no fault ins. state)
August 21st, 2013 at 8:24 pm #Jason

Rob,
You won’t be able to get your deductible waived. With no fault, that applies to injuries and bodily injury.

In Michigan, you have a Property Protection Insurance policy which pays for the damage to your vehicle (after your deductible) no matter who is at fault.

Michigan is kind of backwards in that it doesn’t matter who is at fault – you always go to your insurance company to settle the damage to your car or cycle, and not to the at-fault driver.

You won’t get your deductible paid by the other guy or the other guys insurance company.
August 22nd, 2013 at 5:38 am #G Gunner

Jason / Rob
Since when does a deductible apply to liability?
August 22nd, 2013 at 7:46 pm #Jason

G Gunner,
Probably not in any instance you or I will ever be involved with but there are liability deductibles for large businesses. It’s an incentive for businesses to be careful when it comes to their liability position and can keep the expense of the insuring company to a minimum if it doesn’t have to handle smaller claims that the company will take on because it is under their deductible. It also makes the insured partially bare the cost of their negligence instead of transfering it all to an insurance company.
August 22nd, 2013 at 8:16 pm #G Gunner

Jason,
So why would a deductible apply to Rob who got rear ended?
It should only apply if his collision is fronting it and the other party is not or not yet determined to be guilty. But since other party is responsible their liability has to pay in full.
Or what am I missing?
August 23rd, 2013 at 9:29 am #Allen

Hello!
I have recently been in a car accident and only had the car for about a month. When I bought the car the insurance was through my grandpas. I switched it to my own, but unknowingly I just put liability on it. Now, my car is all messed up and now in a towing yard and currently being charged by the day. I can’t take it out without a title and the title is with the lien holder. I don’t know what to do from here?
August 23rd, 2013 at 11:34 am #Jason

G Gunner,
No, Michigan is a completely different world when it comes to liabilty in that state. Each person insured their own property and liability, except is extreme cases, does not apply.

The only avenue to receive payment for Rob’s loss is through his own carrier. Negligence and liability do not play a part in this when it applies to an incident that happens within the boarders of Michigan. Michigan is the only state that does this. It’s very backwards in my opinion.
August 23rd, 2013 at 11:36 am #Jason

Allen,
You are in a state in which the lienholder holds the title to the vehicle. You will have to contact your lienholder and find out what they have to do to assist you to get your car out of storage. You might want to get rolling on this because those fees are adding up everyday it stays in there.
August 23rd, 2013 at 3:26 pm #Allen

They said they aren’t assisting me in anything with that because it was my responsibility to make sure I had full coverage insurance. I have no way to pick it up or anywhere to put it.
August 23rd, 2013 at 4:48 pm #Jason

Allen,
This is now a lienholder issue and has nothing to do with insurance. You will have to find another way to get your car out of storage. Perhaps your registration information might be what the towing/storage place may accept. You will have to find out.
August 23rd, 2013 at 8:10 pm #Trent

My very recent ex wife rear ended someone and her car as been repaired. I am still a co insured on the policy and was never notified of the accident nor did I sign off on anything. My ex was told by a senior adjuster that if I didn’t sign off then the ins. company owed me the total of what they paid out to repair the vehicle. Any truth to this?
August 23rd, 2013 at 8:30 pm #Jason

Trent,
Seriously, think about it. The insurance company paid for the damage to the car to which you are an insured. The car is fixed. Do you really think the insurance company would be legally required to pay you the cost to fix the car (again) when the car has already been fixed?

Also, what would you “sign off” on according to this senior adjuster? I’m sure if you think about it that you understand that he/she has no clue what he/she is talking about.
August 24th, 2013 at 2:33 am #David

Hi, I was in car accident and was rear ended I have a truck utility box and my bumper is damaged I haven’t got any written estimates but have been told 1,500 to 2,500 or more and I was told today that the adjuster was going to send me a check for 600.00 for damages and if it cost more the repair shop will have to negotiate the additional cost but I owe nothing on my truck and I want to pocket the money what do I do I live in California and not sure of the Laws but I know its an unfair price for the Damages every body shop I went too wouldn’t estimate it because of the utility boxes so the bumper will need to be torched off so I need a specialty shop to fix it but how do I get the insurance company to pay me the right amount and the check made out to me for the damages?
August 24th, 2013 at 3:39 pm #Jason

David,
If you have collision coverage, file it with your own insurance company. You could submit an estimate to your company so they know what the damage is.

In the case of working with this other insurance company, they deemed the damage at $600.00. If it is more to repair it, they will pay an additional amount for the repair. Short of repairing it or submitting the claim to your insurance company, you may have to settle with the $600 or simply get it repaired.
August 28th, 2013 at 7:19 am #William

Hello Jason, My parked car was hit by a drunk drive who hit 4 other cars. I submitted a claim to the drivers insurance company who ignored the claim for 6 months and I finally sued the driver in small claims court(California). The total of the 5 cars exceeds the policy limit and my insurance payment will be prorated to about 50% of the judgment and I will have to collect the remainder from the driver. My problem is that the insurance company wants me to release both the driver and the insurance company to get paid by them. How does a company policy to sign a release supersede their legal responsibility to pay a legitimate claim. If I sign a release can I still try to collect the rest of the judgment since it was made prior to the release. William
August 28th, 2013 at 1:59 pm #Jason

William,
I’m not an attorney and nothing I post should be construed as legal advice. In regard to the release, the insurance will pay your pro-rated amount of the policy limit if you agree to release the rest of your claim. If you don’t sign the release, your avenue to collect is by garnishment and other collection remedies.

You have to look at the entire situation from an objective perspective. You can get 50% of your damages if you sign the release and that’s guaranteed money you will receive immediately.

Or you can try to collect 100% of the amount for your damage. That can take a long time and it’s not guaranteed that you will collect any of it. It all depends how collectible this drunk driver guy is.

If it were me, I would take the guaranteed money.

Please note that if the insurance company is not seeking a full release on behalf of their insured, the information just provided would not be accurate. However, the insurance company’s role is to protect their insured from exposure and I’m nearly certain the release would contain language that relieves the drunk drive from liablity above the check they have offered to you.
August 28th, 2013 at 2:58 pm #G Gunner

William,

How about releasing the insurance company but not the driver. Can you call the insurance and ask them to agree to that? It’ the driver’s fault not to have enough insurance, not the insurance.
September 3rd, 2013 at 11:55 am #Ronald

I bought a new motorcycle from a dealership here in California a few days ago. As silly as it sounds, my parents want me to return it. As to my knowledge and the dealership said the same: The “no cooling-off period” says that just because you don’t want the bike, can’t afford it, don’t like it, etc… doesn’t entitle you to return it.
However, I did some research along-side my parents and we found out that the minute you drive off the lot from the dealership, you need to have insurance coverage for the bike. The dealership did not stop me from riding off and they could care less if I had insurance.
So is this a valid reason to be able to return the bike to the dealership? The fact that they illegally allow their customers to drive off the lot without insurance is against the law, right?

Thank you.
September 3rd, 2013 at 2:17 pm #Jason

Ronald,
The moment you purchased the bike, you were the legal owner. The dealership, and every single person in the world, have no interest in your bike being insured except you. If you get into an accident with your bike, you are the one responsible for the bike and any damage caused.

The dealership did not do anything illegal. They don’t run your life – you do. Because every single state in the country requires at minimum liability coverage to operate a motor vehicle, the only person doing something illegal was you.

Buyers remorse and pressure from parents aren’t reasons to return a bike. I think if you tried to return it, you would be faced with a dealership that doesn’t care you don’t want it anymore.

Keep the bike and always be fully alrert when you’re riding, including knowing what all the traffic is doing around you. Get cycle insurance for liability and physical damage so your bike is covered and so are you in the event you cause an accident . Drive responsibly and ride safely.
September 6th, 2013 at 8:30 pm #MANISH

HI, I LIVE IN HOUSTON, TX. I WAS AT RED TRAFFIC LIGHT AND SOMEONE HIT ME FROM REAR END. MY CAR DID NOT HAVE BUMPER COVER BUT BUMPER GUARD AND EVERYTHING ELSE WAS THERE PRIOR TO ACCIDENT. THE LADY WHO HIT ME, WANTED TO FIX AT HER PLACE OUTSIDE OF HER INSURANCE COMPANY BUT I INSISTED THAT HOWEVER I NEED YOUR INSURANCE INFORMATION AND DRIVERS LICENSE. LATER, SHE PROVIDED EVERYTHING. I HAD CALLED POLICE MEANWHILE SHE GAVE ME ALL INFO. BY THE TIME POLICE CAME IN SHE WAS GONE. ANYWAY I DID NOT REPORT ANY ACCIDENT THROUGH POLICE. I DID CLAIM AT HER INSURANCE COMPANY. 2 DAYS LATER, ADJUSTER CAME IN AND TOOK SOME PICTURE AND LEFT. I CALLED HIM NEXT DAY, HE GAVE ME INSURANCE’S LADY NUMBER WHO SUPPOSED TO TAKE CARE MY CASE SO, I CALLED HER. SHE SAID THEY ARE ESTIMATING, SHE DONT KNOW HOW LONG IT WILL TAKE. SLOWLY SLOWLY 17 DAYS PASSED, SHE STILL SAYING THEY ARE ESTIMATING AND SHE DON’T KNOW HOW LONG IT WILL TAKE. I TOLD HER,I AM NOW DRIVING BEAT UP CAR, AND IT’S BEEN ALREADY ALMOST 3 WEEKS. SHE SAID YOU ALREADY DID NOT HAVE BUMPER. NOW SINCE SHE SAID THAT, I AM WORRYING THAT THEY WILL NOT PAY FOR THE DAMAGE WITHOUT BUMPER COVER. IN THIS CASE WHAT SHOULD I DO? I ALSO WANT TO KNOW SINCE I DID NOT HAVE BUMPER COVER PRIOR TO ACCIDENT, ARE THEY RIGHTLY REFUSE ME TO PAY?? IN TEXAS IT IS NOT ILLEGAL TO DRIVE WITHOUT REAR BUMPER COVER AS LONG AS YOU HAVE BUMPER GUARD AND VISIBLE NUMBER PLATE.. PLEASE ADVISE ME IN THIS CASE. WHAT SHOULD I DO.. THANKS IN ADVANCE…
September 8th, 2013 at 9:07 am #tom bridges

Jason I think you and I spoke a while back and the first contamination may 7,22,13 happened to my home here and black mt NC by a sewer pipe realigning contractor that was hired by the Asheville (MSD Metropolitan sewer District) sewer authority. the re-signing contractor was jetting the sewer line on May 7 which in turn somehow another they don’t know how got up my service line and blue sewer all over the house which damaged the heating system the bathroom to bedroom the laundry room and other areas. That was so May 7 p.m. it happened again on May 22 along with two other neighbors that are beside me and across street. Their houses have been cleaned up and decontaminated but my damage is very extensiveHere’s a link to the story

ttp://www.wlos.com/shared/news/features/top-stories/stories/wlos_sewage-into-homes-11745.shtml

It will be much no progress is been made and the company that did the damage South East Pipe survey from Patterson Georgia. has done absolutely nothing to help me at all. so of course I retain a attorney back in June with the understanding that that possibly could bring a resolve to this but what had happened was the opposing attorney that the insurance CNA professional services (Tom Hedstrom claims adjuster CNA Professional Services
615-886-3401 ) had hired wanted us to file a lawsuit so he could make money for his firm through litigation and bill CNA for his time. I found this disgusting and repulsive that one man directly wants to make money off of my suffering caused by his client. So last week on August 30 discharge my attorney and try to talk directly with the adjuster to resolve this. so we have been communicating which is a positive thing in the last two weeks. Basically my question is to you

1.I won’t be sure that I understand what this claim is called. Local sewer authority MSD hired them to do the specialized pipe relineing projects here in Asheville in other areas is this called a third-party claim? Or what? am I the claimant? MSD has passed the buck to the contractor’s insurance company.

2. so as I communicate with this adjuster Tom Hedstrom I have sent him all my estimates,bills, decontamination, IEP protocol invoice, pre-much everything that I have incurred and future incurrence to get my house full of restored.

he is focusing on getting my repairs done first from the estimates I give them and wants me to sign a partial release then after that done he wants us to come up with a final figure for damages sign another release. I’ve been straight up with him and told him from the very beginning That this is not the way I want it done and I will not sign upon his release this guy has been an adjuster for 26 years. So he knows all the tactics.

The question is here in North Carolina what are the laws say insurance adjusters must be fair or settle claims fast and equitable. I have a copy of the contract that MSD and SPS In multiple places it says content or will be responsible for damages. And the types of insurance the term special type builders risk insurance they must have and continue to carry for over a year after project is finished I scanned pages from the contract, insurance ,, if there is damage to property they are to settle it quickly.

What’s the best way to deal with this adjuster And how can I educate myself to know he’s got kind of pull fast one about the whole partial settlement thing signing a release. Thanks for your help.

T wyatt bridges FINDERS & FIXERS 16 forest ln black mt NC 28711
828-2426877
twbphotos@mac.com
September 11th, 2013 at 2:35 pm #D Lamont

I hit a pothole and notice that my front right side suspension was damaged. The rim was bent and I noticed an odd sag. I looked it up and found that the perch holding the strut/shock had broken on that side. Took it to a shop and the adjuster stated that it gave way because of a rusty strut/shock and not the accident. They state that both sides are rusted, but the other side is holding up. the company is trying to deny the claim stating is was not due to the accident or collision with the pothole. I refuse to believe that and need to know what I should do. I’ve scheduled for another estimate. Can they deny me this claim? What should I do? The car is solid and looks great to be 20+ years old.
September 11th, 2013 at 3:18 pm #Jason

Manish,
It sounds like they are delaying your claim. It doesn’t matter if you did or didn’t have a bumper on your car. The lady caused damage to your property and her insurance company needs to pay for it.
September 11th, 2013 at 3:25 pm #Jason

D Lamont,
Get another estimate. You probably need to get statements from the repairers that the damage was the result of your impact with the pothole and not due to rust. They can say rust may have weakened it but the damage resulted from the impact with the pothole.

Keep the pressure up on this insisting that the impact with the pothold caused damage to a part that was partially rusted. The rust did not cause the damage, rather the impact did. Convince your insurance that absent the collision, you would not have a damaged car. Focus on the damage to the wheel too.

If that fails, sue your company for payment.
September 12th, 2013 at 11:11 am #mike

Okay I had a fire about 3 weeks ago and have had 3 contractors look at my house and give me close to the same repair cost. I just hurd back from the insurance company and the amount they told me it would cost to repair my house was only half of what the contrators estamnets were. What do I do? They told me they would make the payment out to me but I don’t care if I end up with money I just want my house repaired.
September 12th, 2013 at 11:34 am #Jason

mike,
Make sure that both the estimate from your insurance company and the contractors entail the same repairs and that all the repairs are covered by your insurance. Pick a contractor that you want to conduct the repairs and have that contractor work with the insurance company to arrive at an agreed repair price for the damage covered by your insurance policy.
September 13th, 2013 at 2:54 pm #Craig Coles

My 2009 Altima was struck by lightning and my insurance company totaled it, they say it is worth 2 to 3 thousand dollars less than what I come up with.

Do I have any recourse? Or do I have to take them at their word. I found cars like mine in my area that are selling for 2 to 5 thousand more than their figure. Sent them the ads and haven’t heard anything back.
September 13th, 2013 at 3:46 pm #Jason

Craig,
What you are doing is the right thing to do when you dispute the value they are giving you for your car.

They have likely ordered a valuation report from a company like CCC Valuescope. On these reports, the insurance company can select your car’s condition and it is something like excellent, good, fair, average, and poor.

The difference from a car being reported as “good” can differ in value by a considerable amount from a car that is reported as “fair”. The terms they use on the specific report they ordered may not use the same condition words I have used.

Ask for a copy of that report – you are entitled to a copy because it is specific to your car’s value. Look for the condition of the car they reported on that report and make sure it is consistent with the condition of your car. If you cannot find that condition term they used for your car, ask them what condition they reported your car and ask them to justify their selection. Whatever they tell you is the condition, insist that they move it to an accurate condition selection, which will likely be a better rated condition. That may just make up the several thousand dollars that you are talking about.

You can look on the NADA (dot) com site and they will provide you standard industry conditions for cars. A car that has been well-taken of and only 4 years old should probably be rated as the term next to excellent.
September 16th, 2013 at 3:52 pm #Joey

Hi, I just have a quick question. First off I was hit on Tuesday by a elderly man. He only had liability on his car and we contacted his insurance. They said his insurance was still active. They claimed full responsibility and came down and took pictures. Then today they called me back and said that they canceled his insurance the day before he hit me. Now I have to pay for everything. Can the insurance company do that??? Reply ASAP please.
September 16th, 2013 at 4:06 pm #Jason

Joey,
It’s not a matter of can they do it, because they just did it. Is it fair? I don’t know. Insurance cannot be cancelled unless appropriate notice is given to the customer. If the guy doesn’t have insurance, you can ask that he pay for the damage out of his pocket.

We don’t have enough information to provide any more details. Did you contact his agent who provided confirmation of insurance? We don’t know any more about this than you do.

If you have physical damage insurance, turn it into your company. If you don’t have physical damage insurance, you have elected to personally absorb any damage that occurs to your vehicle.
September 21st, 2013 at 12:47 pm #Julio

Hello, I had a question about an accident I was in.

I was driving in Golden Gate Park in SF, when a group of tourists where in a rental car ahead of me. They pulled over to the right, and It looked like they were going to park, but instead, he tried to pull and extremely fast illegal u turn.

I tried to swerve out of the way but he hit my right side of my car pretty bad.

It was clearly his fault, and since he was in a rental car and had gotten the insurance, he didn’t seem to care very much, since he knew he was in the clear. Anyway, I have only Liability coverage, so when I called my insurance company, they said to fill a claim with the rental cars insurance company, which is what i did.

So I went through to process of talking to their insurance about the accident, and adjusting the damage to my car. They offered to pay for my whole vehicle, since it was considered total. They offered me $5,500, which was very fair. This insurance company that I spoke to was called Rental Insurance Services.

So they sent me my check in the mail, and I thought it was the end of it. But today, I got a bill in the Mail from Enterprise Rent a Car, for $1,227. They want me to pay the damages of the car that hit me! I was completely shocked. Why would I have to pay damages for the car that HIT ME and totaled my car? The damage sustained to the other vehicle was caused by his illegal U Turn. I had 0% fault.

Here are some quotes from the letter.

“As of the above date, we have not recieved a response from you regarding our claim as documented in our previous correspondence”

-I have no idea what they are talking about, I’ve never spoken to anybody from Enterprise.

“If you have reported a claim to your insurance company, please contact us immediately with your pertinent claim information”

-As I said above, I spoke briefly with my insurance company, but they told me that since I was the one who was it, my liability did not cover it, and they told me to go through the other Cars insurance.

“If you do not have insurance or wish to pay this claim yourself, you will need to remit your payment to the above address within (10) days of the above date. Please include our claim number on your payment. If you prefer you may also use debit card, credit, or directly from your bank account”

“If you have any questions regarding your responsibilty for this loss, please contact our office. Failure to respond could result in additional collection activity. Your prompt to attention to this matter is appreciated.”

So yeah, in conclusion, I was hit by a rental car full of tourists, who knew it was their fault. I contacted their insurance, they considered my car totaled, and paid me 5,500 for my car. Now, a second insurance company is charging me 1,200 for the cars damages that hit me.

So why am i being charged? I did NOTHING wrong and i followed all of the directions that they said. Any advice would be appreciated.

So I was wondering what is going on?
September 21st, 2013 at 3:26 pm #Jason

Julio,
The state of California follows Pure Comparative Negligence as its standard when there is a negligence claim. This just means each party can collect the full amount of their damage from the other party, less the percentage of fault they contributed to the damage.

It seems if the other insurance company is asking for some money from you, they must have assigned some blame to you.

You have liability insurance and you should send that letter to your insurance company and let your insurance company hash it out.

Let’s say your insurance company agrees you are 0% at fault. Your insurance company will not pay anything toward the damage of the other car. If they find you 10% at fault, they will pay 10% of the damage to the other car.
September 21st, 2013 at 3:54 pm #Julio

Hey Jason thanks for the response.

I will contact my insurance on monday, since they are closed until then.

Another question, if the insurance company were to find that i was 10% at fault, would I have to pay the remaining 90%? Or would that no longer be my responsibility?

Also, who determines how much each person is at fault? Hopefully not them.

I will talk to the insurance guy on monday, for the first time. Is there anything I should do or avoid doing when I speak to him?

Thank you so much!
September 21st, 2013 at 4:09 pm #Jason

Julio,
Let’s assume the total damage to the other car was $3000. If you are found 0% at fault, your insurance company would pay nothing.

If you are found 10% at fault, your insurance would pay $300. The remaining 90% belongs to the other driver that was doing the u-turn. (This just means the other driver’s insurance can’t collect 90% of their car’s damage.) The concept of insurance is to transfer the personal financial obligation to the insurance company. Insurance accepts the liability/obligation in return for the premiums paid to get an insurance policy.

Again, let’s assume the other insurance company assessed 90% to their driver and 10% to you. Your settlement they paid to you was likely 90% of the total value of your car.

When talking to your insurance company, just tell them the truth. There is nothing wrong with the fact you were paid for the total loss of your car by the other company. That’s the way it’s supposed to work.
September 23rd, 2013 at 1:58 am #Clayton

Hey, I made a comment back this summer about my claim…or lack thereof. Three months after I cancelled my claim because I actually fixed the part that was damaged on my truck for $74, the company informed me that my 6 month paid premium for my truck would be cancelled this coming November. I have never had my auto insurance cancelled. In the last 10 years of having insurance, I have made one claim and that was for a dented bumper that someone backed into me at a parking lot and left the scene and that was over 5 years ago.
I have a very low insurance payment per month because of me being in a low risk category, ie. good credit, awesome salary, graduate degree, line of work, no reports for damage in a long time, etc.
They informed me that they were cancelling my insurance due to the fact that I did not give them recorded facts of my case when they requested even though I cancelled my claim and they never paid any monies to this claim. It really upset me…And I will go ahead and slander them here. GEICO is some crap insurance. After doing a google search I see that this company treats people like crooks and there really is a lot of negative reviews from consumers.
Will this in any way hurt my chances of switching to another insurance carrier?
September 23rd, 2013 at 6:40 am #Jason

Clayton,
No, people switch insurance companies all the time. Do your research about the next company before you insure with your new company.

Also, slander is the making of false and damaging statements about someone. Your statements are true so it’s not slander.
September 24th, 2013 at 3:25 am #Shak

Hello, I was trying to park in my friends garage which is really small drive-way. I accidentaly hit the wall and my car got some minor scratches and dents; some paint fell off nothing serious. I was wondering if I make a claim to my insurance would they be able to help me and get the paint repaired? I have full coverage if that matters. Will my premium go up Because I was the one that caused the incident. Would it be more convenient if I pay it off out of my pocket? I haven’t gotten any estimates from body shops, so far a friend of mine told me it would cost up to $500.00. Any suggestions? Thanks!
September 24th, 2013 at 7:42 am #Jason

Shak,
You have insurance for these kinds of things. Your premiums may go up but the increase in premium should not be significant.

Convenience isn’t a concern. You have insurance because that transfers the burden of paying for damage to your car to the insurance company.

Don’t rely upon any estimates from friends because their information isn’t going to be accurate. Instead get an estimate from a body shop and you will know. It’s probably safe to say the damaged is well over $500.
September 24th, 2013 at 12:11 pm #Megan

I got in an accident over a month ago and my insurance company and adjuster will not return our calls about when the car can be taken in to get fixed. Is it possible to sue an insurance company over this cause? It is very frustrating that my car isn’t fixed and they will not call us giving us any information on the update.
September 24th, 2013 at 12:44 pm #Jason

Megan,
If they are not returning your calls, make sure to speak with a claim manager. If you are leaving messages, go the extra distance and make sure you speak with someone that can advance your claim.

After just a little over 30 days of delay should not provoke you to sue your insurance company. I don’t know what the delay is but to sue over a delay is jumping the gun.
September 25th, 2013 at 10:16 am #Anne

My husband was in accident and we filed a claim with the other insured’s insurance as it was their fault. We got an estimate and because of the amount they sent out an appraiser to do another estimate. Their estimate was $100 more than the one I got. We own the car free and clear and they are sending the check to me for their appraiser’s amount. My husband is a mechanic and does body work. The damage is very minimal, can we keep the money and just fix it ourselves? I just want to make sure there aren’t any laws against this in WV.
September 25th, 2013 at 10:22 am #Jason

Anne,
Your approach to the repairs is perfectly legitimate.
September 28th, 2013 at 6:12 pm #Adam

Hi thank you for your help. Last time you were very quick on your response, however you did say I had no chance in hell basically of getting my insurance’s claim decision reversed. Well my auto insurance company did reverse a claim decision that I was found at fault for and or going to provide coverage. Now my problem is that during the person got his car repaired and the total amount of damage came out to $8,600. I know its expensive to get cars repaired but I personally feel its to much. I rear ended him and his bumper cover did have a good since dent on a 2010 Honda accord. My insurance is the minimum so only have 5k in coverage. Now his insurance is asking me to pay the remainder and fully expected that, but do I have the right to see what work was done and so forth. I have helped my girlfriend before when she got in accidents and the experience with that showed me that insurance and body shops will recommend to do more repairs then what the accident caused. Do I have a right to ask for proof of the work performed? Also since my insurance was suppose to be handling the claim from the beginning did they have any requirement to oversee what work was suppose to be done and how much damage was actually caused by the accident prior to repairs starting? Just wondering I mean I have had vehicles that have gotten so much damage they were not operational and the repairs were not as much as this. Thank you for your time sir?
September 28th, 2013 at 6:29 pm #Jason

Adam,
When insurance companies make a decision, they rarely change their position. Good to hear about your case that they did.

Yeah, you can request what was done to accumulate that amount of damage. What other work could be done to a car to increase the amount of repairs? Are you suggesting there was prior damage to the vehicle before you hit it? Because that’s really the only other repairs that could be done. Repairs are expensive with materials and labor. Even if you see the the work performed or the invoice, do you expect to see maintenance items on the invoice like an oil, battery, or tire changes? If the repairer is replacing undamaged car parts with new parts, that doesn’t even seem logical.

For $5000 worth of coverage with an expectation that your insurance company would pay all $5000, it’s very unlikely they oversaw, inspected, or were even concerned about the repairs. Their only interest was paying the $5000 and closing their claim.
September 30th, 2013 at 5:27 pm #Adam

Hi Jason

Ok so I did request a copy of the estimate form the other parties insurance company. My major concern was prior damage not maintenance work. I have seen it before were they will basically fix everything they can. Repair shops seem to lick their lips when they know they are repairing a car and insurance is involved. As for my insurance company I was just wondering if they would have accepted the claim in the first place they would have been proactive in the beginning. Working with other parties insurance and actually checking to see the damage that occurred and reviewing work being done to make sure it was not excessive. This would have been prior to ever knowing how much it would have cost to repair and just kind of expect that they would want to make sure prior damage repairs were not being done. I would think that if they knew I was at fault and needed to pay for repairs for the other party they would want to make sure the repairs were appropriate so they would not even have to pay out 5k if it was necessary. Since they just declined it at first no one really paid any attention to the repairs going on or made sure things were not being fixed that did not get damaged during the accident.
September 30th, 2013 at 6:14 pm #Jason

Adam,
Your insurance company is/was not concerned about making sure the estimate was accurate or fair on the car. They were only concerned to what address they would have to send the check for $5000.

If you don’t feel like paying the difference above your policy limit, then you should consider not paying it. Especially if the invoice for repairs is truly exhorbitant. Collection efforts for that amount can only be paid on a voluntary basis. (if you pay it voluntarily) They can’t make you pay it unless they get a judgment. If they get a judgment on such a small sum of money, they would be making a poor business decision. Even if they do get a judgment, action to recover the money is burdensome and easy to overlook.
October 3rd, 2013 at 6:09 pm #Pilar Enneper

I had my windshield broken by a truck on the interstate I took it to a shop to have it replaced. The shop damaged my truck replacing the windshield I reported it to my insurance company and paid a 500.00 deductible the insurance company said they would go after the shop for the damages and would refund me my deductible. Now a year later I get a letter in the mail from the insurance company say that the shop had no insurance and that they sent the claim amount to collections and I might no be reimbursed my deductible. Should the shop have a bond or insurance the insurance company could go after?
October 3rd, 2013 at 6:32 pm #Jason

Pilar,
The shop had no insurance. There is no bond or insurance to go after. Should they have had insurance? Probably, but insurance is a voluntary contract between 2 parties up until 10-01-13.

Except now with obamacare, it’s mandatory you have health insurance or you need to pay an exhorbitant fine every year.
October 5th, 2013 at 7:35 am #Lee

My grandson TD, had a simply handwritten agreement with Jim to purchase a motorcycle. He made monthly payments which included insurance for the bike. Jim was the policy holder, TD did not have his own insurance policy and was not listed as a driver on the policy. TD totaled the bike, still owing 3000 of the 8000 dollar agreement. The insurance company sent Jim a check, but neither he nor they will say how much they paid. My questions are:
1. Should the insurance company have included TD’s name on the check?
2. Can he sue Jim and/or the insurance company for the difference of what he owed and the value of the bike?($8000)
October 5th, 2013 at 8:16 am #Jason

Lee,
The agreement you mention seems to be a contract in progress. It makes no sense. Either your grandson purchased the cycle or he did not. The agreement that drags the act of sale/transfer/ownership over several years can benefit only the seller. Which in your grandson’s case it did.

1. No, the insurance company has no legal obligation to include any name on the check except the seller, who is the insured.

2. Your grandson can sue anybody he wants. Will he be successful as you outlined? No, not even close.

How you have to look at this whole messed-up situation is that your grandson leased the cycle until he totaled it. Jim gets paid for his loss because he had insurance on the cycle and your grandson can stop making payments and walk away.

It may not seem fair or right but sometimes things that are not well thought out end awkwardly.
October 6th, 2013 at 8:38 am #Bill

A couple months back I settled a claim, in California, with the insurance company of the party that rear ended me and totaled my car and caused me to receive over $4,000 in medical. I settled because my legal advice was that although my documents showed twice the damages they would acknowledge for determining the settlement and I settled for.

I was told that I had little choice, (I was told by way of a long explanation) that new laws as to damages and new ways the insurance companies determine what they are liable for are very much in their favor, they are in the “drivers seat”.

I was told, no attorney would represent a $13,000 claim, and even if reached my share would be about the same as their offer in the end. less than $8,000. The representative then found that my insurance company, geico, had dropped made whole coverage for all policy holders, which meant they would want reimbursement of their medical payments, over half the settlement $4,700 (I paid the representative 15% in the end) Geico agreed to accept only $2,300. Allstate would not accept any of my economic loss docs. In the end I settled.

Now Geico insist they are due the $2,300 by “voluntary” payment. I am broke, the economy is tanking my business is dead in the water, I asked for forgiveness but they insist on my “voluntary” payment. I don’t have it!

Is their a means by which I can make a claim for economic hardship so as not to pay them? I have asked for such, but they just want to argue that if I do not repay them I have been payed twice for medical, but the doctors made that money not me.
October 6th, 2013 at 9:02 am #Jason

Bill,
You’ve already received legal advice to settle. You may want to present your current questions to that same person.

If you don’t have the money, then you can’t pay Geico. If you don’t pay them, they will have to obtain a judgment to compel you to pay it. It’s unlikely any insurance company would sue for such a small sum of money.
October 7th, 2013 at 4:24 pm #Hannah

I recently had fire damage to my deck and fire pit. After receiving some quotes from contractors, an insurance adjuster came out and met with the contractor and issued an additional insurance check – this time made out to the mortgage company and myself. The mortgage company has endorsed and returned the check to me, but my question is can I change my mind as to which contractor I use if I find a different contractor who could repair it for less? I feel bad for having the contractor come out twice, but the price difference is pretty significant.
October 7th, 2013 at 4:36 pm #Jason

Hannah,
Absolutely. You need to hire he contractor you trust and feel most comfortable with. The agreement you set up with the contractor doesn’t really involve insurance – other than the insurance is paying for the damage.

Don’t feel badly. Contractors provide estimates and make home visits to earn your business. If that higher priced contractor didn’t earn your business even after stopping at your home twice, that is his tough luck.
October 7th, 2013 at 4:44 pm #Hannah

Great, thank you! I forgot to mention before that the claims adjuster had named the contractor in the claim for supplemental damages – that won’t be a problem, will it? The contractor mentioned it would be insurance fraud to not have the deck repaired to the same value as the replacement cost, and when I asked if I had to use him he said he didn’t know, but that he DID come out twice. It feels sort of wrong to make a profit from the higher contractor’s quote, but as long as it’s legal I can deal with it, I just don’t need the insurance and/or mortgage company coming after me.
October 7th, 2013 at 5:05 pm #Jason

Hannah,
It’s your home. You can leave the damage as is, fix it partially, or fix it to a different level as it was before. Why can you do that? Because you are the owner and owner’s make the sole decision on what they have done to their property.

For your mortgage company to sign the check and send it to you means that they don’t care what you do. With fraud, there needs to be a victim or victims. I fail to see who would be the victim as it relates to you to what your do or don’t do. That’s why I don’t believe it would be even remotely close to fraud.
October 9th, 2013 at 12:50 pm #Jenni

I was in the process of switching insurance co. to get better rates. I canceled my automatic payments with previous co. and sent final payment by mail which they did not get in time to keep the policy from canceling. This happened on a Fri. and literally I was trying to get new policy started by the following Tues. With several ??’s and trying to set up new payments. I got the policy set up on Wed. the third and was under the impression the policy would start on the same day. The payment came out of my account immediately. I printed out my new cards and noticed the date was for the next day on the fourth. When I got home from work I called to ask about the error and the person on the phone helped me and started a new policy, collected more money and I thouhgt all was well. During this period my husband was involved in accident on his way home from work and the insurance co is saying I was insured after the accident due to time stamps of the accident and the time the new policy started. They said the person in the morning did explain that the policy would start the next day and that I stated ok (recorded conversation). Can they take an immediate payment and not start the coverage on that day?
October 9th, 2013 at 1:47 pm #Arlene

When we had the storm Sandy I called Allstate (insured with them for 53 years.
The house above me had their heavy tree limbs fall on my property. My husband is 82 and I’m 79. I understand if the tree is on their property and the heavy limbs fell on my property (sloping property area) it is our problem. I would like to sell the house. Is there anything I could do to have them help pay for removal?. I don’t know the people that live there.
October 9th, 2013 at 7:10 pm #Jason

Jenni,
Yes, they can take a payment and start the insurance at a date and time that is different. It all depends what your direction was to them or how you obtained the insurance. Nearly every policy starts at 12:01 a.m. If you are getting insurance during the day, the policy should start the next time the clock strikes 12:01 a.m. the following day.

Insurance companies are very wary of a newly placed insurance policy with a claim that results on the first day or within several days of its inception.

Although there is the assumption that getting insurance online will save you money, my review of online insurance premiums is that online insurance is more expensive in every single instance. Get a local insurance agent if there is any doubt.
October 9th, 2013 at 7:25 pm #Jason

Arlene,
If you can imagine a wall around the perimeter of your lot, you are responsible for anything that effects your property inside your lot walls. It doesn’t matter where the other items originated such as a tree from your neighbor’s lot. All the parts of the tree inside your lot wall are your concern and nobody elses.

You could ask your neighbors to assist with removal but they have no legal obligation to do so.
October 10th, 2013 at 2:07 pm #Ashley

My kitchen caught on fire a few weeks ago, and the insurance adjuster came and did estimates on the damages, I do not own my home but the landlord has insurance on all of his houses, he said I may have to pay the deductible. A week after I recieved a letter in the mail stating that I would have to pay the insurance company back in full $4,933. My landlord and some street thug did the repairs (painted the whole house and replaced about two feet of sheetrock), they also put a used stove in. I found this strange because I didn’t recieve this letter until I reported an income increase to my landlord Something about this sounds fishy to me, I’ve looked for similiar cases but I’ve found nothing.
October 10th, 2013 at 3:53 pm #Jason

Ashley,
The insurance company has the right to ask you to pay the deductible AND the rest of the damage if you were negligent in starting the fire. I don’t know any details of how the damage happened but fires don’t start on their own. If you were in your rental home when the fire occurred, it’s a reasonable assumption that you set the wheels in motion for the fire damage that occurred.

If you didn’t cause the fire damage, then you wouldn’t be held responsible to pay for the damage.

p.s. Don’t report any income increases to anybody – ever.
October 11th, 2013 at 1:48 pm #Jon

Hi, I am looking into fighting a claim that got denied by my insurance company and was looking for advice. My wife drives a Volkswagen Touareg and went through about 1.5 feet of water at the bottom of our street. We didn’t think much of it until a few weeks later our car would not start. We had it towed to a repair shop and after a few weeks of trouble shooting and fuses blowing, they discovered water in the floor boards which is where the wiring harness is located. They said that wiring was bad in some spots so they tried to repair the wiring to save money. The process to FOREVER and after about the 3rd month. They said that they needed to tow it to a Volkswagen dealership. It had been at the dealership for almost 3 weeks and they could not figure out how to fix it and informed our original body shop dealer that this was a serious problem. I decided to look into insurance because i wanted to see if this would apply under my comprehensive coverage. When I checked what I was covered for, it stated Flood Damage. The adjusted inspected the vehicle and stated that this car is totaled. He said if we would have come to him right away he would have totaled it out for us. In his report it states (word for word) “CLAIMS DEPT ADVISES THAT CLAIM HAS TO BE DENIED DUE TO IP01 DIDNT NOTIFY CLAIMS PRIOR TO START OF REPAIR. MULTIPLE WIRE HARNESS SHORTS DUE TO INCORRECT REPAIR PRIOR DAMAGE REPAIR AND DIDNT NOTIFY GEICO PRIOR TO REPAIR”

the next part is what really gets me… it states (word for word) “VOLKSWAGON STATED THAT CARPET STILL WET AND ELECTRONICS STILL WET AND DAMAGED”
They took numerous pictures as well. If the car still has water damage, why is this not being taken seriously. can I pursue legal action?

Jon
October 11th, 2013 at 3:48 pm #Jason

Jon,
There is nothing in your policy that dictates that you need to advise the insurance company prior to any repairs to your vehicle. It probably has wording in your policy that you need to report claims in a timely fashion (or something similar). There is not really a defined time in which a claim isn’t reported in a timely manner since “timely” means something different to nearly everyone.

You really need to keep pressing the insurance company that this claim is a covered loss. If flood damaged, I agree that it should be totaled. Talk to the claims manager about this claim. Talk to that claim manager’s manager about this claim and tell him how you want it resolved. Send a letter to the CEO of the insurance company. State your issues, why it should be covered, that your claim is denied because of random and arbitrary wording not found in the policy, and then finally let the CEO know how your claim should be settled to make this right. Make repeated and continual calls, and send letters, to your insurance company until they pay your claim. You have to make your insurance company know you are not going away until your claim is settled.

If this doesn’t work, prepare to sue. You will probably need an attorney to successfully sue since the insurance company will have at least one attorney defending. Hopefully your insurance company will settle before you have to resort to the court system.
October 12th, 2013 at 11:26 am #shenia

last weekend (on my birthday) a woman hit me, she was charged with dui and leaving the scene of the accident. She was taken to jail. I have liability and pip only. I didn’t have uninsured motorist. Have you ever heard of a company selling out their pip. I just wondered if my insurance would sell out my pip to me cause my car is totaled.
October 12th, 2013 at 11:33 am #Jason

shenia,
PIP is personal injury protection and no insurance company in the world would use that coverage to pay for damage to a vehicle.

I don’t don’t know what you are talking about in regard to “selling out” PIP.
October 15th, 2013 at 12:22 pm #Jon

Hi Jason,

I appreciate your input. Here is the latest news as of yesterday! The company I have insurance through is Geico. I spoke with the Claims rep’s Manager Yesterday and he is now saying that because this flood occurred in May and it is now October, water should not still be in the vehicle. When the Claims adjuster viewed the car last week he noted “VOLKSWAGON STATED THAT CARPET STILL WET AND ELECTRONICS STILL WET AND DAMAGED”

He thinks that there is a leak in the car and after all of these months, there is no way the water from the flood would still be there and that water has to be coming in from somewhere else while outside at the dealership…. So he said that it is most likely not going to be covered. How can he tell me that it is a guarantee that this water is dried up between now and then?? Every time I prove them wrong, they try and come up with another bogus excuse. What is your thoughts???

Thank you,

Jon
October 15th, 2013 at 1:21 pm #RICHARD

MY CAR WAS STRUCK BY A LADY WHILE IT WAS PARK. THE LADY APPARENTLY GOT DISTRACTED AND HIT MY CAR SENDING IT 25FT TO 30FT AWAY FROM WHERE IT WAS PARK AND STRUCK MY NEIGHBORS VEHICLE, CAUSING MY 2013 CAR THAT I HAD JUST GOTTEN ON APRIL TO BE A TOTAL LOST. NEVER HAVE I BEEN IN THIS SITUIATION, SO I AM SO CONFUSE NOT KNOWING WHAT TO DO OR WHAT IS THE RIGHT THING FOR ME TO ACCEPT. SO FAR THE ADJUSTER HAD MENTION THE VALUE OF THE CAR AND THAT THEY STILL NEED TO LOOK INTO THE TAX, TITLE AND LICENSE. SO FAR I THINK THEY ARE BEING UNFAIR IF THEY JUST WANT TO PAY OFF MY CAR AND WHERE DOES THAT LEAVE ME AND MY FAMILY. WE PUT ALL WE HAD ON DOWN PAYMENT, LEAVE PAY CHECK PER PAY CHECK AND HAVE NO MEANS TO AFFORD ANOTHER DOWN PAYMENT. NEED YOUR ADVICE. I THANK GOD THAT WE WERE NOT IN THE VEHICLE AT THE TIME I HAPPEN. I KNOW THAT WE WOULDN’T HAVE MADE IT OUT IN GOOD CONDITION. HOPE THE LADY IS DOING FINE CAUSE WE DON’T KNOW WHO SHE IS OR SHE HASN’T EVEN BOTHER SAYING SORRY
October 15th, 2013 at 1:56 pm #Jeremy

I recently hit a mailbox with my truck. I made a claim with allstate and the adjuster made his estimate and he wrote me a check for $1800. I took my truck to one of Allstate “preferred” body shops and they estimated it at $500. I did not tell them him I already had a claim on it and I did not tell them the amount of the check. Should I send the truck to that body shop and then when its time to pay give them the check from allstate and make them write me a check for the difference?
October 15th, 2013 at 2:05 pm #Jason

Jeremy,
No, don’t give the body shop the check because you won’t see a dime of it returned to you. They will collude with allstate and the estimate will increase to the one the adjuster wrote. You will then also have to pay your full deductible.

If the check has your name and the body shop’s name, return the check to Allstate and have them write the check out to you (or you and the lien holder, if one exists).

Then get the truck fixed someplace else that you trust.

Oh, at look at the ratings for Allstate because that company is ranked very low. A link to insurance company ratings can be found at the top of this page.

Post again if you have any remaining questions.
October 15th, 2013 at 2:37 pm #Jason

John,
See the advice in my prior post. It would seem like there would be no water or moisture in the car after several months but I can assure you that is not true. A car, for the most part, is a closed environment. Heat is on in the winter, AC is on in the summer. Windows are rarely open. Doors are open for short periods of time exiting and entering the car. There is little time for water trapped in padding below the carpeting to dry. I am more convinced the water in your VW is from a flood and no other source.
October 15th, 2013 at 2:40 pm #Jason

Richard,
You should have enough money to replace the car with a car of the same make, condition, and mileage. That includes taxes. You already paid taxes on the totaled car. You should not have to pay for taxes on a replacement car. You should be placed in the same position you were before the car was damaged.
October 21st, 2013 at 6:56 pm #Cody James

I am looking for some advice on a unique situation.

About 7 months ago, I was in an accident and totaled my car. I have insurance through Geico and they covered the claim. Upon, getting my new car I informed them that i would need coverage on the new car as well. They were supposed to send me a packet of information that I never received. I was getting worried, so I tried calling a couple of times to provide them with my VIN# and everything over the phone since the information didn’t arrive. That next week, a police car went flying through and intersection and the car in front of me slammed on the breaks causing me to rear end the truck. When the cop, went to go register my insurance he said that this car wasn’t registered to my new car. It was for my old car. The kicker is that for 5 months i was paying Geico car insurance on my old car that was sitting in a junk yard somewhere. I never got the packet like they promised and I tried calling 2 times to get in touch with someone about my VIN#. Just confused as I was making payments to them. Are they liable? Will they step up to the plate and cover this?

I am looking for some consultation on this issue, as I am being told I could lose my license for 3 years. I have never done anything wrong and have a clean record, so I am pretty upset about this
October 21st, 2013 at 8:22 pm #Jason

Cody,
You have a very serious situation. Not only is liability insurance required in every single state of the country, some penalties are severe. Some states can and will take your license for a time period until all the damages and/or injuries are paid for an at-fault accident. Sometimes these amounts can be in the hundreds of thousands of dollars. Some states will not allow the amount owed to be included and and discharged in a bankruptcy proceeding.

If you have been paying liability for the old car, your liability should apply to the single owed car you were driving. You might not have collision coverage in this case. You need to work this out with your insurance company no matter how difficult this situation is before you. The alternative can be the loss of your license for a long time and payment of the damages/injuries out of pocket.

I don’t know if you have a Gieco agent but that would be the first person to go to in order to get this figured out. If you don’t have a specific agent, you will have to work with the insurance company directly. Find a person that you can work with at the insurance company and work with this person until your situation is sorted out. Take this seriously because it is very serious.
October 24th, 2013 at 12:51 pm #Derek

My girlfriend recently rear ended someone on the freeway.
She had literally just paid her car off less than a week ago, but fortunately she still had full coverage.
The first tow truck that showed up works with the Sheriffs department.
First of all they told my girlfriend she had to take the car to the shop the Sheriff wanted her to take it to. Which I know is completely untrue.
After the insurance adjuster assessed the damage, the shop offered my girlfriend 2 options.

Option A – Pay them the entire insurance check up front and they will waive the $500 deductible.

Option B – Pay them after the work has been completed and pay them the $500 deductible.

Obviously paying them up front would leave little to no incentive to actually finish the car in a timely manner. And even having them offer us this option makes me feel uneasy about letting them do the work.
Now I am unsure what to do. I keep feeling worse and worse about this shop even tho they act like customer satisfaction is there highest concern.
There are almost no reviews on this shop, but the 2 reviews I did find were mixed opinions. One said they were great, the other said the owner was a thief.

I guess my main question would be, since my girlfriend already told the insurance company we want to get the car repaired there, can we now change our minds?

Will we have to pay tow/lot fees if we do decide to take it elsewhere or is that something the insurance will cover?

Thank you for any help!
October 24th, 2013 at 3:14 pm #Jason

Derek,
The bulk of your concern is not insurance related – it’s repair shop related.

The insurance company should be taking care of the towing from the accident location to the current shop, and the storage fees – if there are any. The shop you eventually select to do the repairs may offer to tow the vehicle to their place at no additional charge. But even if they charge you for a tow, that may be worth the effort and added expense to have a trusted body shop repair the car.

You are getting the correct gut instinct to know that something is up when they want you to sign the check over to them before the repairs are completed. Don’t even think that is an option. Having to pay the $500 should not be enough money to make you stop thinking and using common sense.

Just because your g.f. said one place doesn’t mean she can’t change her mind. She can get the car fixed any where she wants. She is not locked into any place and she can always change her mind.
October 27th, 2013 at 10:45 am #Estelle

Hi,

On 1/28/13 I was involved in a four car collision. I had just left work and entered Hwy 101 in Palo Alto, CA heading northbound. As is typical, Hwy 101 was a parking lot with heavy traffic. Due to the traffic I was either sitting in traffic or if I was moving, was travelling less than 5 mph. Suddenly I was hit very hard from behind. The force of the impact was so hard it caused me to hit the vehicle directly in front of me, a BMW. I had no clue of the impending collision because I was focused on the heavy traffic in front of me plus it was dark. Immediately upon impact my foot hit the floorboard hard and my car died. As I sat there momentarily trying to digest what had occurred I saw two men approach me. One was the driver of the BMW. Initially I believed the second man to be a witness. I then learned that the driver of the BMW had struck the vehicle in front of him, a Prius; thus making this a four car collision. They explained they heard the collision and wanted to see if I was okay. The BMW driver then called the CHP. Within minutes CHP arrived followed by a tow truck. The officer asked if I needed an ambulance but I declined. I was in a state of shock for when he asked to see my license I handed him a credit card. What I found strange is that the driver that hit me never exited his car. My car sustained significant damage in the back and front. Fortunately the BMW and Prius drivers were okay and sustained little damage to their vehicles. I could see liquid dripping onto the highway from the front end of the vehicle that hit me, a Nissan Versa. The CHP officer proceeded to take our statements beginning with the Prius, the BMW, and then me. By the time he reached me the drivers of the Prius and BMW departed which I saw as a good sign for their vehicles were operable and neither required medical care. The officer told me that our statements were similar; that we were either stopped in traffic or if moving, at less than 5 mph. The BMW driver indicated that he saw the man that struck me driving very fast and it appeared as if he was going to cut me off but hit me instead. The CHP officer confirmed my suspicion that I was struck hard when he said the driver’s air bag deployed. When I was done he again asked if I needed an ambulance but I said no. I was more concerned about my vehicle and getting home. At this point I was not sure my car was drive able. To my surprise it was albeit with some difficulty. As soon as I arrived home I began to notice that my entire body felt sore and that I was having difficulty walking. I immediately contacted my insurance company and filed a SR-1 with the DMV. Unfortunately, since my car was 12 years old (2001 VW Golf) I carried liability only so my insurance company did nothing. Within two days of the accident I was contacted by the insurance companies for the BMW and Prius drivers. As I spoke with the adjusters I ascertained that no one knew the identity or insurance information for the driver of the Nissan Versa. The following day I had bruises on my forearms and thighs and a large bruise across my chest which I later learned was from the seat belt. Three days post accident I went to the ER where I was diagnosed with a fractured left foot. Later that week I was treated by my GP and given a referral to a chiropractor for eight visits. Incredibly, I took no time off work with the exception of having the cast removed. My chiro treated me for whiplash and upper back pain. In all I would undergo a series of 16 treatments. I also had an MRI and X-rays.

Due to the amount of vehicles involved it took nearly four weeks before the CHP report was available. It confirmed what I knew; the driver of the Versa was responsible for the accident. The police report states the driver struck me at 60 mph. The last page of the report indicated the officer was referring the matter to the San Mateo County DA because the driver was driving with a suspended/revoked license. Incidentally, this driver makes a habit of driving with a suspended license. He was cited on three other occasions, the most recent being one month before the accident for driving with a suspended license.

As soon as I had the report in hand, I immediately contacted Triple A. Once connected with the adjuster I asked why after nearly four weeks, that they had failed to contact any of the parties involved in a collision caused by their insured. The adjuster responded they had no knowledge of the accident. I find this hard to believe because the CHP report indicates the Versa sustained major damage and was towed from the scene. Additionally by law they must file the SR-1 form.

I drove my car for one week and stopped because I no longer felt safe driving and I was sure the frame was bent. Since I needed a car to get to and from work (public transportation was not an option) I was forced to obtain alternate transportation. Originally I had intended to lease a vehicle after seeing a commercial by Putnam of Burlingame for a $89 per month lease special. Unfortunately I did not qualify for the lease special due to my credit. After spending several hours at the dealership I ended up having to purchase a car with high monthly payments because no lender would finance the car. I realized after the fact when I began receiving rejection letters at home that Putnam had submitted me to several lenders for financing. In the end Wells Fargo agreed to finance the loan. I suspect that no matter where I went the answer would be the same due to my credit history.

Two months following the accident Triple A totaled my car. They never made arrangements for disposal of my car. I ended up donating it to charity. Never once did they contact me asking if I needed a car or about my medicals.

Four months ago I submitted receipts for my medicals which total $17,000 to Triple A for reimbursement. The adjuster said she needed my medical records. A month ago she was provided with all of my records. To date the only money I received is a check for $4,000 plus for my totaled car. I want to be reimbursed for all my medicals and at the least for the $3,000 deposit I put down on the car. My VW Golf was purchased new. Since I dislike making payments the car was paid in full at the time of purchase. Due to my good driving history and age of my car my liability only payments were approximately $350 every six months. Since the accident I now pay in excess of $400 per month in monthly auto payments and full insurance coverage. Therefore, I feel asking to be reimbursed $3,000 for the deposit is reasonable.

The adjuster told my attorney she would contact him upon receipt of the records. After weeks went by he sent Triple A a demand letter stating that if they failed to make me a settlement offer that I will proceed with a lawsuit.

I intend on suing the driver of the vehicle that hit me and Triple A. What are my chances of prevailing over Triple A? Thank you.
October 27th, 2013 at 1:49 pm #Jason

Estelle,
You have absolutely no standing to request any amount of your deposit being reimbursed to you.

Ask your attorney what his opinion is of your case. Since he is intimately involved with it, he would have a lot better idea than asking people who don’t know anything about your case.
October 28th, 2013 at 4:08 pm #Maeve

In 1998 I filed a claim with Travelers for a slab leak. I had an HO-3 policy and I understood that they would not cover the direct plumbing repair but everything else was covered i.e. all of the cosmetics associated with getting to the leak and getting it fixed. In 2000 I found out that I was told by Geico that I could save money by adding my car to my homeowners policy. So I did. Fast forward to now. I thought I was having foundation problems so I called out a foundation company to have a look. They told me the outer foundation looked solid and they suspected a slab leak. I immediately called Travelers to open a claim. It was opened and I was then told that when I added my car back in 2000 that my original policy had been closed and a new one was opened up under “Geico Travelers” that they were to separate entities and that my new policy was only an HO-A and would not cover any portion of a repair. All this time I always get my statements directly from “Travelers”, there is no indication of them being from “Geico Travelers” and I have had absolutely no reason to believe that I did not have the same policy I thought I had obtained 18 years ago. I never received a cancellation notice for my original policy. When I called to discuss this with them I was told that because I had already opened a claim there was no way of adjusting my “new” policy.

I feel like I have been hit by number one listed above. What are my options?
October 28th, 2013 at 4:38 pm #Jason

Maeve,
It seems like they did a bait and switch on you to get more business from you. I would suspect your addition of the auto insurance involved you canceling your current home owner policy without knowing it to reduce your premium while also reducing your coverage level.

If the HO-A policy is what I suspect it is, then you have an ACV policy and that is the lowest form of home coverage you can have.

Don’t dwell on something that they did to you 5-6 years ago. Instead, get a trusted insurance agent and get your insurance needs figured out. At minimum you probably want a HO-3 that has replacement coverage for both your home and personal property. The current policy you have right now only really covers fire and a few limited causes of loss. Also, it doesn’t allow for replacement of damage to your home or personal property. Seriously, it is the lowest level of coverage out there.

Don’t leave your car with Gieco if they pulled this on you. There are other insurance companies you can choose from. There is a link above that is titled BEST AND WORST INSURANCE COMPANIES. Do some research and get some decent coverage with a more reputable company.
October 31st, 2013 at 9:19 am #Stacey

On Oct 1, my 1999 Honda Accord EX was hit while parked in front of my residence by a 2005 Ford F150. My Honda was thoroughly wrecked, later officially totaled. The driver is uninsured and not the owner/policyholder of the Ford. With my cellphone, I photographed driver’s license as well the insurance and registration cards for the Ford. The insurance card has “1 Driver” typed on it beneath the policyholder’s name and address. I called the policyholder’s insurance company that day at the scene and received a claim number. My wrecked Honda was towed to my mechanic (who I’ve been dealing with for over ten years- wonderful man) and between the two of us, we called and recalled the claims adjuster at the insurance company for two weeks with no response. I finally told an operator that I need to speak with someone, not just a machine and someone other than the named claims adjuster for my claim told me that my claims adjuster has been on vacation and will be on vacation until the following week. He also told me that they have coverage questions and need to speak to the policyholder but they have not been able to reach him. I asked what they are doing about that and this insurance employee told me that it is not taking particularly long and that I should just wait for the actual claims adjuster to call me. During the next week, I reached out to a supervisor and learned that they had a different phone number for the policyholder than I do. The supervisor called the number I gave her and called me back fairly quickly to say that she spoke with both the policyholder and the driver and, to use her own words, “we are 100% at fault.” I also found out that the policyholder is only covered up to $5000 for property damage. The claims adjuster returns from vacation and contacts me several days later to let me know that someone was going to go see my car at the mechanics in the next day or two. It has been three weeks since the accident at this point. Several days later *a week ago) the claims adjuster called me to discuss their findings. My car was valued at $7500 but they can only pay up to $5000 and that they were sending me all the paperwork for me to sign and return. I received the paperwork last Saturday (just fyi, this was the first paperwork I received from the company and followed by two more correspondence this past Monday- all arrived well over three weeks since the accident and the assignment of a claim number) and called the claims adjuster to discuss it this past Monday morning. I said I would agree to the $5,000 plus the storage expenses at my mechanics which at $65/day, added up to quite a chunk. Well, all hell broke loose. She told me that it was my responsibility to mitigate this cost and they’re not paying any more than $5000 so I will have to pay that fee myself out of the $5000. She went on to tell me in near hysterics that they have other issues with this policyholder, they’re not paying for his damages at all and they are dropping him from their insurance. I told her that with the release form releasing the policyholder and driver from further responsibility, I have no ability to collect the balance of the actual value and other expenses I’m out for this accident. She told me that if I start a small claims, send her the paperwork and the insurance company through their legal department will issue a new release excluding the policyholder and driver and still send me the $5000. I spent a day discussing with my mechanic, contacting small claims and learning what I need to do. I called back the claims adjuster to confirm our agreement and make sure I’m filling out exactly what I need for their legal department. Now no one’s calling me back again. I was a little unsure about this agreement to begin with because I worried that the insurance company could back off their end of the deal somehow if I don’t have some sort of proof of this agreement I made with a hysterical person. After placing two calls yesterday to this claims adjuster that were not returned, I called her supervisor again and left a message that I want the supervisor, not the adjuster, to call me back. In the meanwhile, my car sits at the mechanics because we’re unsure what to do. We have a salvage offer that the insurance company got for us and we arranged a pickup, but without payment to the mechanic for the storage, they won’t pickup. Also, my mechanic worries that if they are jerking me around like this, could the insurance come back and tell us that they now want the Honda? My mechanic told me this is very unusual and unethical and he has never had an insurance issue like this. He wants me to hold on to my car since it is my property and the only real value I have in order to stake this claim. I’m calling him today to figure out a cheaper place to store it. Help! Can you make head or tails out of this situation? Thank you so much!
October 31st, 2013 at 12:03 pm #Jason

Stacey,
This is what you need to do. Pay your trusted mechanic the $65 per day charge and get your car delivered to the salvage yard. I don’t care what the cost is to do that – you have to do it immediately or you can continue to add $65 per day to the amount you owe your mechanic. Please take note that out of the $5000 total you are getting, you have to pay the storage fees for each day it’s in storage – you won’t get any more than $5000. Storage fees are basically easy money for your mechanic.

Now the release issue – You will get $5000 if you sign the first release or you will get $5000 if you sign the second release. The second release does not release the driver. That is fine but it makes absolutely no sense. Do you really want to spend time, money, and effort to sue the driver for about $3000?

Ok, let’s say you are successful in suing this loser driver. You will get a judgment that will cost you over $2000 in attorney fees that you will likely not be able to include in the judgment and that you will be able to collect from the driver. Then you will have a worthless judgment that allows you to collect from a loser. You probably won’t see a dime collected from all the frustration you will have gone through. Collecting judgments also costs money, effort, and time. This driver who associates with the truck owner who has minimum liability coverage for property damage of $5000 can be assumed to be a loser. My guess is this loss occured in MASS. or NJ since those states have $5000 as minimum liability coverage.

Don’t move your car to cheaper storage – just get rid of it today!

Get either release back to the insurance company immediately. There is nothing unusual about what they are doing. They are not going to want the Honda. They are not entitled to it because you have not been paid fully for it’s $7500 worth and that insurance company knows they can’t take the damaged Honda.

See if you can negotiate a reduction in the storage fees with you mechanic. If he is “trusted”, he should cut you a break. Your mechanic only wants you to retain the car while this is going on because it’s an easy $65 per day that he knows he’s going to get. Don’t you see that he has a financial stake in this dragging out?

Write again if you have more questions.
October 31st, 2013 at 1:34 pm #Amanda

Stacey,
I am not sure about the release, I am simply replying to Jason. I do not know what State you are currently in but in my home state any individual can go to small claims court and pay a filing fee of $150 to sue another individual under $5,000. You would not be required to attain an attorney, and would be able to do this by yourself since obviously you shouldn’t be out any money and clearly would receive a favorable judgement. However, you will be required to prove that its currently worth $7,500 and I am not sure where you got your figures from on the value of your vehicle but $7500 for a 99 Accord seems really high. You should be able to replace with a similar vehicle for less than $5,000. Just something to weigh out.
October 31st, 2013 at 3:49 pm #Stacey

Thank you Jason and Amanda. I am in Los Angeles, California where the minimum property liability is also $5000. The small claims court fees here range from $25-75 for a first time plaintiff and depends on the amount of the claim. To be honest, I was a bit surprised as well that this insurance company sent me paperwork detailing the value of my car at $7491. It is a Market Valuation Report prepared by a neutral third party company called CCC One. I have extremely low mileage (60,975) and it is a limited edition model so it has all the bells and whistles. I have had to pay more for repairs than the average Honda EX over the years because of special parts like sparkplugs made of platinum instead of stainless steel. I’m impressed and a bit surprised but not shocked that my Honda retained so much value knowing what I had. Even as salvage I have a bid offer of $900. I am working out something with my mechanic to release the car to salvage for $900 the bid offer. I also had a pleasant talk with the claims adjuster’s supervisor so I feel better about our agreement for $5000 plus a new release once I provide them with proof of a claim against the policyholder. It may take a little extra time and some court costs but loser that he may be, he’s very shortly going to be a loser with a judgement against him. California Small Claims Court seems real user-friendly and will assign a court date in 20-70 days. Once judgement is rendered, he has 30 days to pay or watch his truck get a lien on it or his wages garnished. I hope it’s okay to share with you all the followup. I feel good about the situation. The supervisor is now handling my case and even apologized for the claims adjuster being rude and sketchy with me the other day. Thanks again for your comments!
October 31st, 2013 at 5:49 pm #Jason

Amanda,
You are correct, small claim filing fees are between $100 and $200 depending on the state. You do not need an attorney but few people have the desire, ambition, or knowledge to do a legal action by themselves. Stacey seems to be on top of it and she seems to welcome it. She is one of the few.

Stacy can request a copy of the CCC valuation report from the at fault insurance company. That report sets the car’s value based on a market comparison report and that is the agreed value of her car. Any court would accept that report. CCC is an anchored company and is used in courts all over the world.

Stacey,
Some insurance companies can manipulate the CCC Valuescope report from a fair amount to a less than fair amount depending if the adjuster inputs the car as excellent, above average, average, fair, or poor. Each successive ranking reduces the valuation of a car. They seem to be fair with your car which is good to hear.

NJ, Mass, Penn, and CA are the states that have $5000 as the minimum liability coverages. In my opinion, that is too low. The highest minimum liability coverage in a handful of states is $25000. This is still too low.

Your follow up response is great. It gives people info that things can get solved and there are ways to go about an unjust situation involving insurance. Request that the insurance company send you a copy of that CCC report. The report is based on your car and you are entitled to a copy of it.
October 31st, 2013 at 7:05 pm #Amanda

Stacey,
That is wonderful news that you are receiving the treatment you deserve,finally!
That clearly answers the question of valuation, is your state of California and the low miles. I’m in Oklahoma, and things are much less here.
I would do as you are planning, receive the settlement and release from the insurance company and then file suit against the individual for any amount you are out storage fees, time off work, and the difference of values, here in Oklahoma you can also request any fees you’ve paid in going to court. I would suggest once you are ready to file, sending a demand letter giving them 10-15 days to pay via certified mail to the individual to ensure their address is correct and to show the judge you did attempt to resolve it outside of court and gave the individual the chance to do the right thing.
I wish you the best, it sounds like you will get out of this without having too much out of pocket expense hopefully in the end, you will be made whole. Good luck!
November 1st, 2013 at 11:00 pm #Austin

Ii ran something over a metal object in road at night dented scratched whole drivers side I went to pick my truck up today and it’s obvious the colors on entire driver side was noticeably lighter than rest of my truck so the body shop said they would fade it into my hood how ever I don’t want 2 dif colors on my truck my deductable was paid can I take my truck to different body shop under the same claim I want to sell my truck but can’t it being 2 diferent shades of blue can I go to dif paint shop or what do you suggest
November 2nd, 2013 at 5:58 am #TheComma

Austin,

Punctuation. I suggest punctuation.
November 2nd, 2013 at 8:10 am #Jason

Austin,
You can take it to another bodyshop but the cost at the other bodyshop would be entirely out of your pocket.

Your insurance company already took care of your claim completely. Your entire issue lies with the bodyshop and their failure to match your paint. If you don’t want 2 colors on your truck, there is no blending that will correct that. The only option is for them to paint it correctly by doing it again. That is the only remedy and if you don’t want to pay for it out of pocket, the same bodyshop will have to remain involved until you are fully satisfied.
November 7th, 2013 at 1:34 pm #keyah

Last week I hydroplaned off of the road, took out a road sign in the process. I was fine but not my car. I had a 2008 rio and only had liability on my car. I am a college student and have to drive to the next town over for classes and it was raining that day and just slid off of the road. my family did not have the money to put my car back in full coverage at the time so i was being careful until then. my lienholder was upset when I called and told them what had happen to my car and explained to them that we could not afford to pay for full coverage at the time. She told me that she did not know that I only had liability on file for me. and that the insurance company did not report it to them that i only had liability. Is there something she knows that I don’t since there was a failure to communicate between the insurance company and the lienholder?
November 8th, 2013 at 1:36 am #Kim Flanagan

My car was recently totalled when a man fell asleep at the wheel and rear ended me going 90mph. Anyway to make a long story short, I had paid 3000 dollars for my cars audio system. My insurance company is only offering me 500 dollars because they’re saying the value depreciated that much over 4 months. Is there anything I could do to get that amount increased?
November 9th, 2013 at 1:40 am #melssa

I was hit by a motorcycle i have a lienholder on my car i have full coverage but my car is no longer drivable how do i get the other persons insurance to pay for my rent a car asap i have 3 kids i am a full time student and i work and really need a car plz someone help this is my first accident.
November 10th, 2013 at 1:38 pm #Jason

Kim,
Don’t accept their settlement offer until they increase the offer to an amount you can agree with. You can support your position by getting the place where you purchased the system to provide you with the sound system’s 4 month old value.
November 10th, 2013 at 1:46 pm #Jason

Keyah,
The insurance company doesn’t communicate with lienholders other than to let them know there is coverage. The insurance companies don’t report the absence of coverage.
November 10th, 2013 at 1:51 pm #Jason

Mellsa,
If you need a rental car due to the accident, get a rental car and pay for it. Then present the paid receipts to the other person’s insurance company for reimbursement.
November 10th, 2013 at 2:55 pm #Karen

My husband a mail truck in July when the light turned green and the mail truck started and stopped quickly. My husband talked with the mail carrier and with his supervisor and the issue seemed done with since the mail truck did not appear to be damaged. Our car (a 2004 toyota camery) shows no damage on the front bumper.

About 2 weeks ago we received a bill for $1900 + from the postal service claiming significant damage to the rear bumper of the mail carriers vehicle.

My husband has tried multiple times to contact the “postal adjuster” to discuss this issue and never gets a call back. He also wrote a letter to them asking how they could file a claim without notifying us, and the only response we received is that if payment is not made they will turn it over to an attorney.

I was unaware that this incident even occurred and have since changed insurance carriers. Should we turn it over to our previous ins. carrier, and if we do will it affect our current policy?

Any help would be greatly appreciated.

Thank you, Karen
November 10th, 2013 at 4:28 pm #Jason

Karen,
You can do a couple of things. Ignore the bill, pay the bill, or submit it to your insurance company who insured you when the accident occurred.

Your question about affecting your current policy is too vague.
November 11th, 2013 at 10:33 am #Dana

I was in car accident about a month ago. The car in front slammed on his breaks and i barely even hit him. however, the guy behind me slammed into me very hard making my car get slammed into the front car.My car was a total loss. The rear car’s insurance AAA was working on this claim for a month now and gave me settlement options the one i choose was to let AAA retain my car. they paid off my lien holders and sent me additional check also they stated in a letter once i signed over all the dmv documents and they received the lien certificate they would send me an additional check for the remaining balance. The Adjuster called a week ago and informed that the check was processed as they received all the paperwork that corporate just needed to approve and issue. Well the day i was going to receive the check. The adjuster called and informed me that the manager put a stop payment on the check because they made a mistake and had too many hands on the file that they only want to pay for half of the car so i would need to return 50% of the payment already received. I received the final check in the mail but the check was a stop payment on it. They already had paid of my lien and received all the DMV paperwork. What should i do in this situation? Even after the settlement was offered and they have my car and the lien certificate. Can they do this?
November 11th, 2013 at 2:07 pm #Carol Lotak

Are there any attornies who will go up against U Haul? Our moving company’s truck needed a new transmission and they had to move us the next day. Since they knew this they unfortunately hired a U Haul moving truck. It crashed and burned on the Florida Turnpike. All contents were lost. U haul made us think they would take care of everything. It is now 3 1/2 months later and nothing has happened. They are just leading us on. After reading on line about how nasty U haul can be (deep pockets and nasty lawyers) I am guessing that because there were no injuries with us (just one of the drivers) and ALL of our belongings of a 3 bdrm.2 bath house were completely ruined that we won’t get a cent. We asked if they wanted to negotiate or litigate. Of course they said ‘negotiate’. It appears they have NO intention of negotiating. Are there any attornies who will take on a case like this one? Remember no injuries to us, just complete loss of everything and we are 77 years old and don’t have time or money to replenish much of what we lost.
November 11th, 2013 at 2:10 pm #Jason

Carol,
This is not an attorney referral site. You would have to seek an attorney that is capable in situations like the one you face.

On a side-note, the general language of a homeowner policy – yes, this applies to personal property is that it’s covered anywhere in the world. If this property was worth a substantial amount, then you should have howeowner insurance on it and this would be the best route to go. Don’t rely on other people’s insurance to protect your property.
November 11th, 2013 at 2:20 pm #Jason

Dana,
It seems like they can do what they’re doing because they are doing it. I don’t have any suggestions for you since a settlement is based on a mutually agreed position by 2 parties and something didn’t seem to be resolved. Was there another driver’s insurance company that was involved that is responsible for 50% of this accident? I don’t know why they are using the 50% amount.

I highly recommend that you don’t send that insurance company any money.
November 11th, 2013 at 2:45 pm #Dana

the front car insurance denied claim stating they did not receive damage from my car on their clients car and the damage i received was caused by the rear car slamming into me pushing my car into the front. which is correct i had no damage to my car on the initial hit i received damage on second impact. AAA (rear car) insurance is now saying they only want to pay for Rear damage not full car after the fact we had already settled i signed over all the paperwork to them. They received my car and DMV documents and lien holder. The final check was to be mailed and now all of sudden they changed their mind.
November 11th, 2013 at 5:50 pm #Lawrence

I was involved in a car accident.It was the other driver’s fault.He was given a ticket.My insurance asked me to take my car for estimate for repairs.I got the estimate but took it to my own body shop for repairs after my insurance sent me the check minus the deductible of $500.After the repairs was completed,I was expecting my insurance to collect my deductible from the other insurance for me,but I was told that the second driver’s insurance refused to refund my deductible,because they believed that the cost of the repairs at my own body shop was less than the estimates given to me by my insurance recommended body shop. Please advice me what to do.I am basedin Georgia .Thanks.
November 12th, 2013 at 12:26 pm #sarah

My roommate has been waiting for an expensive migraine treatment to be approved by her health insurance. They finally approved the procedure, but she had to sign a consent form saying that she would be pay the full amount if they decided not to cover it. Is this a typical practice?

I don’t understand how an insurance company can say a procedure is approved, while making someone sign a form that says it might not ACTUALLY be covered. I’m getting this information second hand. I wish I had more specifics about her policy, but the whole situation seemed like a red flag to me. I want to tell her not to sign such a form, because I know it would be an incredible financial burden if she moves forward with the treatment, only to discover that the insurance isn’t actually covering it. She really needs the treatment, but I don’t want her to get screwed.

Do you have any advice? I’m not even sure what questions to ask. Something just didn’t seem right about that consent form.
November 12th, 2013 at 12:39 pm #Jason

sarah,
The wording in that form seems normal. The form is a notice that is signed for a procedure (before or after pre-authorization is obtained) confirming if the insurance doesn’t pay, then the patient will.
November 13th, 2013 at 4:44 am #Anna

i was recently in an accident that was caused by black ice – i was on an overpass bridge when i started to slide sideways into the cement wall on the side of the bridge; i was driving the speed limit & no other cars were involved. i filled a claim immediately after it happened (damage done to steering & suspension, a body panel, & bumper). i was appalled to find out that my damages wouldn’t be covered (i “lost control of the vehicle”). no where did it explain up front that the coverage i have doesn’t cover damage done to my vehicle if i’m at fault. seems like sort of a silly question but would i have the right to sue because i’ve been paying for insurance that really doesn’t do me any good? i just changed my address & policy back to michigan on-line & did one of those ‘choose how much you want to pay’ deals on-line through Progressive, but no where did it explain that i wasn’t covered if i crash because of adverse road conditions! i had to pour over almost 100 pages of documentation before i figured out that i had apparently opted for ‘limited crash’ coverage… which i never would’ve chosen had i been informed! this is my first claim ever at 30 years old, i have a perfect driving record, & have had Progressive for about 5 years now. please tell me i haven’t just thrown away 5 years worth of insurance payment money. thanks for the help!
November 13th, 2013 at 7:10 am #Jason

Anna,
The road condition contributed to the accident, but black ice was not the cause of the accident.

When parties enter into a contract, each party needs to understand all the details of the agreement first – not just some. You understood you needed to pay a regular premium to have the coverage contained in the policy but you didn’t fully understand the contract’s coverage and limitations.

The suit question is a valid one. From the information I know, the insurance company did everything it was supposed to do based on the contract. You “pouring over almost 100 pages” should have been done 5 years ago. Failure to know the contract you entered into is not a reason to sue the insurance company. That would be a lawsuit you will lose even before it begins.

Not all is lost because you did have liability coverage and “limited crash” coverage for 5 years.

I repeatedly encounter people who think they’re saving money by acting as their own agent and buying insurance online. There are 2 main reasons not to buy insurance online. The first is that insurance agents are an important portal to make sure you obtain and understand the coverages you need and want. The second is that in almost all cases, the same coverage through an agent is going to be less expensive than online coverage.
November 15th, 2013 at 6:31 am #Anna

Jason,
That’s what I was afraid you were going to say (can’t say I didn’t expect it though). I appreciate the outside opinion/advise.
November 16th, 2013 at 12:53 pm #Nene

My son was involved in an accident which was his fault. He filed the claim to our insurance company on 9/25/2013. We have comprehensive/collision coverage. He was not treated fairly and honestly. The insurer failed to meet the time frames for processing the claim and payments for the repairs and failed to notify him why. The body shop would not release the vehicle to my son until until they received payments, which didn’t occur until 11/11/2013. The adjuster was was rude and arrogant with me which escalated into a shouting match and states the body shop caused the delays and not by him or the appraiser. The appraiser gave me misrepresented statements when I questioned about the rental car because it was obvious the repairs were not going to be finished before the thirty days. He told me he would request an extension for the rental with his supervisor which he didn’t and now is denying he ever made that statement. Because the rental was not extended, the rental agency debited my sons account charging him for 13 days. Without notifying before the thirty 30 days. When I contacted the unit supervisor she gave false information in regards to phone calls that were supposedly made to my son when I have phone records to prove otherwise. Based on the fact that the insurer failed to communicate with us, failed to handle the claim in a prompt and timely manner, gave misleading information, made dishonest statements and treated me in a discourteous manner, where do we stand? What actions,if any, can we take to get reimbursed for the rental?
November 16th, 2013 at 7:43 pm #Jason

Nene,
It is very likely your policy allows only 30 days of rental coverage so even if someone said they would ask to get the rental extended, it wasn’t gong to happen.

Put this entire event behind you and move on. Let this influence your decision to get rid of this insurance company. There are hundreds of insurance companies to choose from so look for one that has a much better claim handling reponse. You can look at the top of this page for the link to look for insurance company claim ratings. It would be under BEST AND WORST INSURANCE COMPANIES.
November 17th, 2013 at 8:42 am #Bob

A woman disregarded a red traffic signal, entered the intersection, and I couldn’t avoid the collision with her car. The police report shows she was at fault and not I. Neither of us received a citation from the state police. I live in Pennsylvania (a no-fault state), the at fault party lives in Maryland (a fault state), the accident occurred in the state of Maryland, and her insurance company is based in Maryland. I only had liability coverage on my motorcycle insurance, so I’m making a third party claim. I have an attorney for the bodily injury, but not the property damage. It’s understood that I have no contract or agreement with the third party insurance company. They are already disputing the claim. So, which laws apply to this situation, Maryland or Pennsylvania? Are they responsible for all costs no matter what, or can they dictate to me as if I was their policy holder?
November 17th, 2013 at 9:03 am #Jason

Bob,
The laws where the accident occurs always apply. It doesn’t matter if you are from China, the laws of Maryland apply to this accident. The laws in Maryland are pure comparative negligence and these are fundamentally different than the laws in Pennsylvania.

My view of accidents is that if at least one person is paying attention, nearly all accidents can be avoided. With that said, usually anybody in an accident contributes to the accident happening – even you.

Let’s assume your are assigned 30% blame for the accident and the woman is assigned 70% blame for the accident. The way pure comparative negligence works is that your insurance would pay the woman 30% of her damages and her insurance would pay 70% of your damages (also applies to bodily injury). (This is an example, and the insurance companies may find your fault higher or lower than this example illustrates.)

“…dictate to you as if you were their policy holder” – If you were their policy holder, you would likely be treated much better. With a policy, you are their insured. Without a policy, you are a claimant.
November 17th, 2013 at 10:26 am #Nene

This has been an unfortunate experience for myself and my son . We are in the process of signing up with another insurance company. Thank you Jason.
November 21st, 2013 at 11:10 am #Nene

We have been fortunate that the insurance company has agreed to reimburse my son after I filed a complaint against all the individuals that were in involved in handling the claim. We are one case out of a hand full of the lucky that are heard.
November 21st, 2013 at 6:39 pm #Jason

Nene,
For clarification, did you file a summons and complaint or a Department of Insurance Commissioner complaint?

Either way, it is a rediculously fast turn-around since either action can be over 3 weeks before an answer is due from the insurance company. Did you have your complaint submitted prior to posting on here?
November 23rd, 2013 at 3:51 pm #Nene

I filed a complaint to the insurance company after I posted here. Quality control reviewed the claim and made the determination that the claim was mishandled and made an exception and reimbursed my son. I understand it was a quick turn around, but I am glad I didn’t have to go any further.
November 24th, 2013 at 6:39 am #Estelle

This is for Jason who responded to my post #895; yours is #896.

You indicate I have no right to ask for a deposit after my car was totaled by a car insured by Triple A. What should I have done? I have no family or friends that have a second car to loan me and I had to have transportation to get to my job. My insurance was no help since I carried liability only on a 12 year old car and I was deemed not to be at fault. Should I have asked Triple A for a rental car. Remember they never contacted me and I believe never would contacted me. It was I who contacted them as soon as I had the CHP report in hand and determined that it was individual that hit me who was at fault. Are you also telling me that I am responsible for my medical bills from the accident? Since we have not seen a copy of the policy although I do know that the man that hit me (and was determined by the CHP to be at fault) had his car replaced because he told me so. My attorney has filed a lawsuit and are propounding discovery and will serve it on the insured as soon as 30 days has elaspsed since the date the complaint was filed, hand served on the driver and sub-served on Triple A). What I find odd is that after three weeks they have not yet filed a notice of representation, answer or demur on the insured’s behalf. What I am asking is if the insured has the policy coverage should I expect that I will have to eat the cost of everything. Remember, I am the victim here, I was struck from behind at 60 mph., my car was totaled (by Triple A) and less than $17,000 in medicals, I am responsible for everything for all my costs?
November 24th, 2013 at 6:49 am #Estelle

Nene, on October 29 a complaint was filed in Superior Court. Defendant(s) have 30 days to answer or demur. My attorney has a letter from the adjuster dated in late August stating that if we provide her with copies of my medical records she would see about making payment in 30 days. She has been in receipt of those records for over two months and nothing. I can’t be called impatient given that the accident was on January 28. I brought this to the attention of my attorney. At the least it does not show good faith on her or Triple A’s behalf plus she is less than truthful.
November 24th, 2013 at 9:13 am #Jason

Estelle,
There are a number of things that you “could have done”. Those things include 1- Having collision coverage on your car and having rental reimbursement coverage. 2 – You could have taken a bus to and from work. 3 – You could carpool with a co-worker. 4 – You could move to within walking distance to your work.

AAA is not your insurance company and you don’t have to ask them anything, especially if you need a rental car. If you need a rental car, you just get a rental car. If you don’t get one, that means you didn’t “need” one. After you have the receipts for the rental car, then you would ask AAA to reimburse you for your rental car expense that was due to their insured.

Absolutely you are responsible for your medical bills. You are the patient and received the benefit of the medical treatment. You even sign a contract with your medical providers that you are the only one responsible for payment of medical services. The medical providers don’t hold your health insurance as the party responsible for medical treatment you receive. They hold you, as the patient, responsible.

The at-fault driver is not responsible for your medical bills. The only thing he may be responsible for is injury he caused you. Sure, the medical bills are an easy way to determine the “injury” he caused you but he is not responsible for any of your medical bills. Neither is his insurance company for the same reason.

If you have questions related to your accident, ask your attorney about those questions. Your communications on this site are not protected by attorney/client privilege so I suggest that you not post on this forum as long as you have an attorney. If you have any questions about this, ask you attorney if he wants you writing on this forum. I can guarantee what he will tell you.
November 26th, 2013 at 10:19 am #Nikki

Hi,
Im from Milwaukee, WI and I was in an auto accident where the other vehicle is totally at fault and I was diagnosed with DDD and I don’t believe I will ever be able to not walk without a limp. Ive gotten a walking stick to assist me because moving around without relief for my right leg is insane, it is agonizing to put pressure on my right leg. I had no pain or injuries before this accident, besides a few years ago I was in an accident where I had whiplash and recovered, but now am constantly in pain. Ive been going to drs and PT for over a year now my medical bills are about 12,000.00 and the insurance company is only offering me 7,500.00 and I’m still seeking treatment I find this offer ridiculous and do not understand why they have not at least matched my medical bills at a bare minimum to settle my claim.
November 26th, 2013 at 10:43 am #Jason

Nikki,
Degenerative disk disease is not a condition brought upon by an automobile accident. It is a condition that occurs simply from living and basic wear and tear. So, although you may be convinced that DDD is the result of this accident, the insurance company is not. In fact, I side with the insurance company on their position. I do not know all the details of your claim but that is the position I would take based on the information you provided.

If you believe your claim is worth more than $7500, you will need to hire an attorney so he can convince the insurance company that your claim is worth more.

Please note that if you hire an attorney on a contingency basis in which you pay the attorney 40% of your claim, your attorney would have to settle at the amount of $10,500 for you to just to break-even. An initial consultation with an attorney is what you should do to find out the total value of your claim. You need to be aware if you hire an attorney and you only recover a total of $7500, you will have to pay your attorney $3000 out of the money you get. The attorney will have nothing to lose, and at least $3000 to gain, so you have to understand this to make an informed decision.

You have to also realize that any amount you recover may be legally claimed by your health insurance company for any amount your health insurance company paid on your behalf that is related to the accident.
December 7th, 2013 at 7:07 pm #derek gutherie

Hi,
I was in the front of a 3 car accident. The middle car has state farm ins with full coverage the driver in the back who rammed into the truck that rammed mr has geico but with a
15k limit. All cars are total losses. But i didnt hit anyone and neith ins company will help. Geico claimed complete liabiliy but why should i have to pay for a rental car until everything is settled? I didnt hit anyone and im having to pay for my car rental and impound fees. I am getting upset. Whay should i do?
December 8th, 2013 at 9:02 am #Jason

derek,
Stop relying on other people’s insurance to protect your property.

If you need a rental car, get a rental car, pay for it, and then submit your receipts for reimbursement. If you don’t have any rental receipts for reimbursement, that means you didn’t need a rental car.

You might want to minimize or eliminate those impound and storage fees because you, as the car owner, are responsible for those fees. Geico may assume some or all of the storage fees but until they do, they are all yours. If you are getting upset, that means you don’t understand that you are responsible for expenses and costs associated with property you own. It’s similar to not understanding that people have to pay for their own health insurance because people won’t get it free with obamacare. Besides not being free, it is expensive, has extremely high deductibles, and has high co-pays.

What you should do is submit a claim with your insurance company under your collision coverage and not mess around in the drama of going through another person’s insurance company. As for obamacare, vote Republican in all future elections and support its full repeal.
December 11th, 2013 at 8:41 am #MAGNE

I live in ohio and my car was repaired by a body shop. The parts that my insurance company wanted the body shop to use were OEM parts. My body shop decided to use new parts because the part that were order was not of insurance quality. Does this mean my insurance company have to pay for the new parts, with out notifiing the body shop first that they was going to use new parts instead of the OEM parts.
Thanks
December 11th, 2013 at 8:46 am #Magne

I live in Ohio and after getting into a finder binder I had my car repaired at a body shop. My insurance wanted me to use OEM parts. My body shop decided to use new parts because the part that was order was no of insurance quality. Doe my insurance company have to pay for the new parts with out being notified by the body shop they was going to use new parts instead of the OEM parts.
December 11th, 2013 at 8:54 am #Jason

Magne,
OEM (original equipment manufacture) are new parts. I don’t think you should have any concerns with what is going on.
December 12th, 2013 at 10:35 am #AAB

My daughter was hit from the back, $500.00 dollars worth of damage to her bumper, injuries were not life threatening but suffered pain in back and leg, the insurance company only wants to offer her $300.00 dollars. What if she has future problems stemming from this accident?
December 12th, 2013 at 10:57 am #Jason

AAB,
In looking at a minor accident in which there was minimal damage to the back bumper, it is difficult to accept that any serious injury would result. If there is concern about future complications from the accident, then your daughter should wait a reasonable amount of time before accepting the offer. That way she can to see if anything develops beyond what she has already experienced.
December 14th, 2013 at 8:42 am #Dale Johnson

My Brother was in an accident in 1993 location (MICHIGAN) in which he was the passenger and suffered SCI/TBI. The driver drunk passed out at the wheel in a dealership demo. They settled later for around $800,000 and insurance coverage for life. The insurance company is a major company and has been hiding themselves for more than ten years. My brother was has multiple issues that has never been addressed and getting worse. About 2 yrs ago he contacted the dealership and finally found his coverage. Now they have a examiner that is telling us(doctor and my brother) what is reasonable and nessasary. Attended a I.M.E. IN WHICH I HAD HIS MEDICAL FILE. Would not show us his card,give us any way to know who he was. It was a rented building and lady at front desk said they have nothing to to with the DR? I do have the whole session recorded with police and reception lady saying he does not work here and they do not know who he is.Who knows? Now the insurance company sent letter saying his coverage was suspended for no reason.i have pictures of person, us signing in at front desk, my brother there by letter from receptionist.We called the police because My brother has neurogenic bladder and multiple issues, not to mention they put a MEDTRONIC neurostimulater which we just found out has a broken lead. The battery was suppose to go in his but cheek, woke up and it was in the area of his neuropathic pain area since accident where they took bone from his hip. It took him 12 years before he could touch that area.After 2 week trail period stimulator had no effect on my brothers issue. Salesman and doctor said with his situation it could take longer and the procedure was 99% done. I just went to resue him from Michigan and now lives here in Wi. The lawsuit was for life and w/o any exclusions. They where paying me for mileage to get to his appointments up until nov 1st was last check I received.They sent letter dated Nov18th saying his coverage was suspended for refusing I.M.E. (THIS IS WAY OUT OF CONTROL….. PLEASE HELP!!!!
December 14th, 2013 at 9:12 am #Jason

Dale,
No one at this site has the ability to assist with the issues and concerns you have. It seems you need to be involving an attorney.
December 14th, 2013 at 3:00 pm #AnnetteB

I fell on sidewalk in between two duplex apartments due to uneven sidewalk, who should I consult about this incident the owner’s of duplex or the city in which it happened? Thank you
December 14th, 2013 at 3:43 pm #Jason

AnnetteB,
Property owners usually have non-liability coverage for a person’s medical bills for injury sustained regardless of owner liability. It’s very likely the sidewalk is owned by the duplex owner or owners.
December 19th, 2013 at 8:54 am #Chris

Hi: Many thanks to this site and to the moderators who answer these questions. Just reading through some of these scenarios give a world of insight into what to do (or NOT to do) if ever caught in the same situation. Great resource! Now to my question/concern (and I apologize if this was already answered, I just didnt have time to read all of the threads)…

I was recently involved in a Motor Vehicle collision in CA. Both my insurance company and the Police Report find in my favor as the other driver cut into my lane of waiting vehicles while at a dead stop and hit me. The repairs have been made and since my Insurance found me not at fault they are in subrogation with the other insured to recoup the amount paid, including my deductible. While all that is fine I have 2 questions: 1. IF the other insurer finds their insured NOT at fault would I have a strong enough case to pursue litigation against the other driver or insurance co. since both the police report and my insurance find me to be not at fault? And Second (Which to me is the more important issue)… I have a very rare vehicle.. more of a collectors item as its only one of 495 produced. People who pay top dollar for these vehicles have EXACTING standards, just as I did when I bought mine. Took me over a year to find it and had to have it shipped to me once found. My initial research using KBB values shows about a $3600 – $5500 loss in value now that I can no longer list the vehicle in “Excellent” condition due to the repair history that is now permanently attached to the VIN. I have done some research and found that insurance companies can easily and typically deny “diminished value” claims in this regard. Do I stand any chance of recovering this loss in value? Thanks for the advice!
December 19th, 2013 at 9:29 am #Jason

Chris,
1. In your state, the fault percentage of each driver is recoverable by the other driver. For example, if the other driver is 90% at fault, the other driver’s insurance will pay 90% of your damage. Your insurance would pay 10% of the other driver’s damage. The percentage of fault would also apply to your deductible and that should be recovered by your insurance and returned to you.

In most cases, the opposing adjuster’s make the determination of fault and agree upon that decision. In your case, the fault agreed to by both adjusters probably is 100% to the other driver. If the adjuster’s don’t agree, then it would go to arbitration in which each adjuster presents the case for their insured to the person or panel that makes a binding decision. If arbitration is not available or contested, then the fault can be decided in court. Your simple accident is likely going to be concluded by the 2 involved adjusters.

2. I am not a propenent or supporter of diminished value. Some states recognize loss of value but that is a separate and distinct claim from the physical damage claim. You have to present a claim for loss of value to the other insurance company and prove your loss of value. Proving that to the insurance company will be difficult. If the adjuster and you don’t agree, you would have to sue the other driver and prove it in court. (if you sue the other driver, his insurance will inject itself into the suit automatically.) In CA, you cannot claim diminished value from your own insurance company – it has to be a claim to the other person’s insurance company.

The burden to support diminished value is entirely on you. Do a search for diminished value in your state and find out if you want to pursue this difficult endeavor. Thanks for the questions. You presented your questions in a very efficient manner.
December 21st, 2013 at 6:08 pm #sahra

hello
i have a 2002 nissan altima my car didn’t give me no sign prior to the damage. i was at a private property, and there parking is down hill when i reversed out of the parking i heard a loud noise like i was in accident i get out of my car looked every where nothing infront of me or behind me so got back try to riverse my car keep going forward and in a few sec completely stop. i can’t go back ward and forward , so i tow my car home i didn’t call a police or nothing because i didn’t see nothing at that time. 3 days later go back to the property i noticed there was a pathole where my car was parked . i then contact the property and they agrree to pay because i am a regular customer and they know my car was damaged there. but my insurance and there insurance deny my claim because there was no pysical damage they claim it is mechanical failure. i didn’t see if there was fluid leak the night of the insident because it was dark and raining. how ever there was a trace of fluid by my house where the two truck pull my car and bigger fluid by where my car was parked. i am taking this to the civil court what can you advise me . thank you in advance
December 21st, 2013 at 6:50 pm #Jason

sahra,
The way you describe the circumstances surrounding the time of damage, it seems like a mechanical failure and not the result of a collision with a pothole.

In court, you have to prove the damage was the result of an accident. That will take some convincing. From what you posted, you didn’t convince me.

You are going to have to have a mechanic qualified to testify why the transmission was damaged. The mechanic has to be credible and reliable for the court to accept his testimony. Before you even attempt to plan court action, you might want to secure a reliable mechanic that can back up your claim. You might even have this mechanic tell you it was mechanical failure and had no external causation and you might be able to avoid court altogether.
December 22nd, 2013 at 11:02 am #sahra

hey jason, well the insurance ask me if i want to get my car to a mechanic i know. well this particular mechanic i don’t know him but my mechanic tell me to tow my car there because he have a transmition shop and they do work together. the first thing i heard from both insurance was there was not enough transmition fluid. however the two truck driver and a mobile mechanic both tell me i have transmition fluid. well the insurance ask me to give the mechanic the ok to work on the car means to look inside the transmition. the mechanic want me to sign paperwork to pay for this work if the insurance is not paying for it. the insurance tell me they will pay or the property owner will pay ones the find out what’s going on. well i was not willing to put my name on any paperwork before i know who will pay for the work. thats when they decide it was mechanical and they are not paying and this mechanic sound ferstrated and tell me they will not pay you for it. how ever i go to the nissan dealer and show him the pothole picture and tell him the story of my deal. and he say it is possibel this pothole cause this damage and nobody want to pay the price to find out the cause. he also advise me not to sign any paperwork and fight to the end. well right now i am thinking to have a second openion with the dealer tow my car there and let them test if they can find any link. i don’t think i will go to opening the transmition i might have to buy another car. i just have to get a second openion from the dealer this is there car they should know. what do you advise me thank you again
December 23rd, 2013 at 7:07 am #Jason

sahra,
You own the car so if the damaged is not covered, you are the only one responsible to pay. That is why you were presented with the paperwork to sign.

If it is required to dismantle the transmission to determine why it failed because there are not outwardly signs of why it failed, it is very likely that it was mechanical failure. Transmission internal failures can cause exterior transmission oil leaks.

I think the pothole had nothing to do with your transmission failure. Either you pay for the transmission repair or replacement, or you trade the damaged car in for another one. I don’t beiieve either insurance company will pay for anything.
December 27th, 2013 at 6:54 am #Amanda

Working at a chiropractic office. We had a patient from california that has allstate insurance…we are in north carolina. traveling to north carolina they were in a car accident. The patient signed a lien that states allstate send a check to us cover our medical bills for their treatment. Allstate sent the patient a check directly. Allstate is saying that California law states they do not have to honor Chiropractic liens. We cannot find this information to be true on google.
December 27th, 2013 at 7:14 am #Jason

Amanda,
The laws that apply to the specific accident are NC laws.
The lien you had the customer sign is an agreement between the patient and you. It does not include any agreement by Allstate even though Allstate is the subject of the agreement. The last sentence would be false if that agreement was signed by Allstate but I’m sure it isn’t. You cannot obligate a party that isn’t one of the parties of a contract. Technically, it would be the common practice of all states that 2 parties cannot agree to control the actions of another uninvolved party.

The form you should be having your customers sign is a form that indicates the patient is responsible for their own bills whether or not insurance pays.
December 29th, 2013 at 6:33 am #Donna

Hi,
I was rear ended on September 16th and the other driver admitted fault. Her car was totaled. I have a 2007 Honda Accord V6 with 178,000 miles. My car was taken to a Nationwide (other drivers ins. co) preferred collision center. After many issues with that center, my car was finished on 10-29. When I picked it up, it wasn’t properly repaired and the cost was $5700. There were many body issues, drove roughly, and they did damage to my interior and to my exterior paint while repairing my car. I contacted Nationwide and they ask me to take it back to that collision center and I requested another one. They agreed and had another preferred center work on correcting the issues. I received my car back on 11-27. The car still wasn’t property repaired to original condition and the cost was $6300. The damage caused by the other center was still there as well. They ask me to take it back to this same center for them to look at it a 3rd time and for me to put down another rental car deposit in order to give them additional time for repairs. I refused and have sent a self prepared demand letter for replacement cost plus compensation for loss of time and mental anguish due to this accident. At this point, my left exhaust pipe is falling down due to the bad repair job and I can’t put any money into fixing it. Being without my car has affected me and my family greatly for the almost 3 months it was being repaired. This is all so discouraging to me because I took care of my car and intended on it lasting me a very long time. Was the demand letter the correct action to take and how long do they have to respond in the state of Georgia?

I would greatly appreciate any advice you may have. Thank you.
December 29th, 2013 at 8:08 am #Jason

Donna,
You are having a repairer issue, not an insurance issue. Sending a demand letter makes no sense. Not responding to the demand letter is a response in itself. If the repairers were repairing, and the insurance company was paying, you should have continued on the path that you were on.

After doing a combined $12,000 worth of repairs to a 7 year old car, I can’t fathom that they failed to fix what was damaged.

Mental anguish sounds like a cool term but to receive compensation for that takes a lot more than you’ve experienced – a lot more. You should un-refuse and provide the rental car deposit so they can make an effort to fix your car. It won’t get fixed any other way.
December 29th, 2013 at 8:44 am #Donna

Thanks for the advice. I will do that. The second repair was a re-do of the 1st repair, not really additional work other than work on part of the frame. The first collision center missed bent rails in the car frame and didn’t estimate the value of my car correctly. They told me it should’ve been totaled but the work was already halfway complete when they realized the estimate didn’t take into account mileage. I was told the body work gapping and not looking normal is due to the bent rail repairs being done at the 2nd collision center after other parts of the body were already replaced at the 1st collision center. I guess it’s just something I’m going to have to deal with even though it wasn’t my fault and is very upsetting.

Thanks again for the advice.
December 30th, 2013 at 9:30 am #robert

i was involved in a car accident, the person who hit my car was one hundred percent at fault and had insurance, her insurance company is willing to pay, but the amount they are offering will not cover, my car, they are offering me 2000 dollars, but my car has a custom paint job & it cannot be matched, do they body shop who painted my car said he would have to repaint the whole car to make sure that the paint is matched one hundred percent. the painter is charging me 4200dollars to repaint the outside of the car and repair all damages, but the insurance company only wants to pay 2000dollars….. what do i do?
from Houston Tx
December 30th, 2013 at 1:24 pm #Jason

Robert,
You have to restrain yourself from paying for a $4000 paint job on a car that is only worth $2000. Sure a $4000 paint job will increase a car’s value but certainly not by $4000. Perhaps a couple of hundred dollars is more realistic.

Any good repair shop should be able to match the paint to a near 100% match. To repaint an entire car on body panels that are not damaged is not a realistic thing to do when the repair area paint can be matched to a very close match to the existing paint.

If you have collision coverage, file the claim with your insurance company. They likely would have an offer very similar to that of the at fault insurance company.

The best you can do is to continue to negotiate because your claim will not be settled until you accept their offer of settlement.
January 4th, 2014 at 2:37 am #Laci

Ok so I was in a car accident got my settlement and my lawyer accidentally sent me my part plus the lean for the hospital. Can he legally do anything if I dont send him back the money and just pay the hospital lean myself?
January 4th, 2014 at 8:56 am #Jason

Laci,
Why would you not send your attorney back the money? He is hired by you – why would you want to do something that you have to ask on here whether it’s right or wrong?

Also lien is spelled lien, not lean.
January 8th, 2014 at 8:41 am #Brent

Does the repair shop have top hold the insurance check until repairs are done? My repair shop deep posited the check, and I decided to go with aftermarket parts to fix my truck(to help offset the deductible) note repair shop is saying I have top use the parts listed on the quote, or it is insurance fraud.the repair shop refuses to get aftermarket parts.
January 8th, 2014 at 9:33 am #Jason

Brent,
The repair shop can deposit the check immediately after you sign it. The check should not be signed by you until the repairs are complete and you are satisfied with the repairs.

By signing the check, you’ve given up all your leverage for dictating how the shop negotiates with you. The shop can use any parts it wants unless you say differently. Since they seem to already be paid, they have no desire to change what parts they use. Nothing they’re doing amounts to insurance fraud.
January 9th, 2014 at 3:01 pm #ronnie

hi, my 2003 custom bourget kruzer (motorcycle) was stolen august 2013 and i believe my ins co is trying to lowball me on the claim ive went round and round with the adjuster and he keeps on giving me the run around is there any thing i can do they are wanting to give me 1/4 of what the bike is worth please help me if you can or any advice thanks
ron
January 9th, 2014 at 3:23 pm #Jason

ronnie,
Find comparable replacements that are available to buy to document the bike’s value and share this with the adjuster. I don’t know where you are arriving at your value but the insurance company is probably arriving at their value by a CCC Valuescope report or some other vehicle valuation report. Ask for a copy of the report since they are using it to value your cycle. They should provide you a copy for your review. Other than that, it’s about who can convince the other of the bike’s value.
January 15th, 2014 at 5:04 am #vincent

I was in a car accident with rental car. A little damage to passenger side and passenger side tire. I filed a claim with my Insurance agency. There were no other vehicles involved with accident. No Police report. I want to handle this incident with the rental car agency. I want to withdrawal claim. Insurer says I can’t withdrawal . Letter was sent to me saying I am under investigation. DO I have a right to withdrawal and do I have to cooperate if I want to drop claim and handle the car with rental company.

Thank you for response.
January 15th, 2014 at 7:45 am #Jason

vincent,
Once you submit a claim, there is no taking it back – much like you can’t take a bullet back after it leaves the barrel of a gun.

Nobody can force you to cooperate, that is up to you. There seems to be more to the car damage, your claim, and you if you are being investigated.

My guess is your insurance company is attempting to find out if there was another car involved that was damaged due to a hit and run. It makes no sense that you have right side damage to a rental car and you didn’t do a police report. I’m not convinced another car wasn’t involved.

The desire to withdraw your claim and pay it yourself is a bit more than a little suspect. Your choice of the word “incident” instead of “accident” is somewhat telling. Your lack of info. about what caused the rental car’s damage is also very odd. I’m not surprised you’re being investigated.
February 3rd, 2014 at 2:12 am #Tessa

2 months ago, I was hit by a driver in California. I was in the far left lane of a 4 lane street. She made a right hand turn onto the street I was on and she then preceded to fly across the three other lanes, attempting to reach the far left lane in order to enter onto the highway. She hit the front side panel and door on my passenger side. She was very rude to me a the scene, told me I was speeding and then tried to convince the cops on scene that I was drunk driving. All of these accusations were ridiculous and the cops told her that this was simply a traffic accident, that they interacted with me and found no evidence of alcohol. I was completely blown away by this woman’s behavior and the serious accusations she was throwing around, but I figured that she was doing whatever she could to try to place blame, since she clearly knew this was her fault. She never admitted fault at scene though.

Throughout the next few days, I sent photos and answered all the questions with my insurance company, Progressive, and was told by my adjuster that AAA, the other drivers insurance would be contacting me for my side of the story. 12 days went by, however, and when I still didn’t hear from AAA, I called my adjuster back and told her. She brought up my file, and was surprised to see that AAA had closed the case saying I rear ended their driver. She told me to call the adjuster handling the case so I did. After leaving messages for two days, he finally called me back 10 minutes before he was to go home for the day. He was very short with me and said that the case had been closed. I didn’t understand how this can be closed as a rear ending when my damage was to the front side of my car and hers was to the rear side. Nothing on the bumpers.

My next conversation with him was awful. He repeatedly accused me of driving drunk, told me I was uncooperative at the scene, and told me that I should just take responsibility for the accident. I was speechless. How could a professional company speak to me like this? There were cops on the scene. Professionals. Had I been drunk, they would know and they would have handled it. He said that the case was no longer a rear ending, and that now her story was that I had drunkenly swerved into her causing the collision. I said that I was not going to listen to this anymore, hung up, and immediately called my adjuster, in tears. I was so appalled and frustrated, and I felt like my company wasn’t fighting this for me and I was wondering why this AAA guy was being so mean and aggressive. It felt like he was taking this case personally.

Due to the fact that the AAA guy refused to look at the evidence or accept any other story other then his clients, my adjuster took the case to her superior, she said this would take the case out of the current AAA adjusters hand and into his superiors and they would re-examine all the evidence. I let a few weeks go by and finally called my adjuster the other day. She brought up my file and was shocked to see that the woman who hit me was actually uninsured and that the AAA adjuster was no longer employed with the company. Why would an adjuster with AAA pretend to represent a woman who is not insured? This scheme went on for weeks! She was so shocked by what she was reading that she told me that she needed to call me back in a few days. So that is where I am at right now, waiting for her call.

I believe that the woman who hit me and the AAA adjuster obviously knew each other and he was trying to help her out, by IDK, attempting to bully me or scare me into dropping the case? Who knows. My question is, is this insurance fraud? I am planning on taking the woman to civil court, but is there anything I can do to this adjuster or even AAA for employing someone like this? I have never been spoken to the way this man talked to me and the things he accused me of, it was terrible. I am a young woman, don’t have a ton of money, and am kind of naive to all this. But I know that I want to hold these two individuals and AAA responsible. For all I know, this woman is still driving around with no insurance and she is going to do this to someone else. Sorry for such a long story, but i wanted to give you the whole story. Thanks so much for your help.
February 3rd, 2014 at 6:53 am #Jason

Tessa,
The entire time I read your post, I kept saying, “Why doesn’t Tessa just file a collision claim with her insurance company instead of being dragged into all this drama?”

Who cares if it’s insurance fraud? Who cares what happens to the adjuster or even AAA? You should have not even had any contact with these people in the first place. Just file your collision claim with your insurance company and they will be the ones to deal with AAA.

You live in CA, so you’ll never see this woman again – why would you want to sue her if your car is taken care of by your insurance company? You’re making this accident way too complicated.
February 3rd, 2014 at 11:22 am #Tessa

Jason,
Of course the first thing i did was file a collision claim with Progressive. My problem is that it turned into a he said she said thing between me and the other driver. My insurance company said to me that figuring out which car changed lanes and hit the other is a hard thing to prove when there are no other witnesses and most likely I would have to cover the damages for my own car. Something I am not willing to do. After weeks of going back and forth trying to get AAA to look at all of the evidence and “re-open” the case we were finally able to figure out that the other driver never actually had insurance and that the whole thing was a scheme with this AAA adjuster. So now I was hit by an uninsured motorist and yes, my policy covers that and Progressive will be paying for all of my damage.

I am not trying to make this a complicated situation. But I do care. This woman has had no consequences for driving uninsured and she is still, most likely, driving without insurance. So, even if you think it is a waste of time, and it is something you wouldn’t bother with. Would you be so kind as to humor me and tell me if the scheme played out with the AAA adjuster to try and get me to pay for my own damage by “representing” a friend of his that doesn’t actually have insurance, is that insurance fraud?

Thank you for your time. I really do appreciate it.
February 3rd, 2014 at 12:54 pm #Jason

Tessa,
You can’t change the behavior of all the bad people in the world. No matter what you do, this woman will drive her car without insurance. There is nothing you can do about that.

You specifically ask if the “adjuster” and this other woman committed insurance fraud. That is difficult to answer because I can’t judge the entire actions of this woman and supposed adjuster without hearing their version of events and circumstances. It would be unfair to say it’s fraud based on only part of the information.

Fraud is defined as “intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right.”

I don’t know what the friend and woman’s “intent” was. Based on what you posted, they did not cause you to part with something of value, and they didn’t cause you to surrender a legal right.

The most I could say is that it’s possible those 2 might have attempted insurance fraud. On the other hand, it’s possible those 2 might not have attempted insurance fraud. I don’t know.

Only law enforcement or a prosecutor can take action against this woman for fraud. Since you didn’t give up a right or anything of value, you don’t have any standing to sue her civily for attempted insurance fraud.
February 11th, 2014 at 7:19 am #Anna

Where does the burden of proof lie when the insurance company denies a homeowners insurance claim due to an exclusion in the policy but cannot prove that the damages did not happen during a period when the exclusion was invalid.
February 11th, 2014 at 7:42 am #Jason

Anna,
In your sentence, you asked if the burden of proof lies with the insurance company or you. You indicate your claim was denied because of an exclusion. You say that exclusion was applied to your loss even though the exclusion did not apply during a certain time period of the policy.

There are a few situations in a standard homeowner policy in which there are exceptions to exclusions and time frames that have to be observed when coverage ceases to exist.

Any decision the insurance company makes has to be supported by the facts of the claim. If your claim is denied, the insurance company believes the denial was appropriate. You ask who has the burden of proof. If you sue your insurance company, you would have to prove beyond a perponderance of evidence that coverage applies and the denial was improper. At this point, the burden would be on you.

As a reminder to everybody, this site is about insurance claim help; not legal concerns. Technically this question is a legal one.
February 11th, 2014 at 8:01 am #Anna

i’m sorry i thought this was in the insurance law section. At this time I do not believe either party would be able to absolutely prove one way or another. The claim was catastrophic and i am just going out of my mind worrying about what to do.

thank you for your answer.
February 11th, 2014 at 8:23 am #Jason

Anna,
I am not an attorney and I don’t think any other contributors are either. When questions are identified as legal issues or need legal remedy, I will suggest to consult with an attorney. Sometimes that suggestion is the best advice I can give.
February 11th, 2014 at 10:59 am #Moderator1

Anna,

To my knowledge, if you have a “Special Form” Homeowners policy (most are) then the burden of proof is on the insurer to prove the exclusion and facts for denial on a claim for structural damage because the policy says “we cover everything except …”. This is why it is always the insurers who send out their engineers to to make their “quickie” rubber stamp inspections after catastrophies where mass denials are anticipated. This is discussed in detail in the UClaim.com eBook “Homeowners Insurance Claim Advice Deluxe”
February 11th, 2014 at 11:18 am #Jason

Mod1,
Yes, the burden of proof is on the insurance company with an all-risks policy concerning covered or excluded causes of loss and/or damage. After a denial, and pursuit in the courts, the burden of proof is on the plaintiff.

Without knowing a single element of Anna’s claim, we have to assume that the exclusion was properly applied. With a denial already issued, the burden of proof is now switched.
February 13th, 2014 at 8:06 pm #Brian

I had a two vandalism claims with farmers help point services /21 century auto insurance the 2nd one they treated me like a criminal and really did noting after coming out 6 working days later and called it a total before he even did the estimate the only thing was vandalized was a front passenger window were they opened the hood stole my battery spark plug wires ignition coil and they wrote the repairs for way over the blue book value and sent a fraud investigator to my house and they still didn’t fix my car I fix it my self for l less than $ 500.00 and when I asked them to reimburse me
Still no then later they offend 839.00 and keep my car since they over write the estimate by 1,150.00 making the total repairs $ 1989.00 calling my car a total loss I figured the car already has a salvage title on it when I bring it from Oregon to CA where I got the lamp and break check they reported it to the California DMV so I found out when I renewed my registration I paid for them online with the CA DMV and 2 weeks later I still received nothing so I called the was informed I have to do the lamp & break and pay another 300.00 to0 the DMV to renew my tags and they told my insurance reported it was in a accident I told them it was a vandalism so how ca i get my Tags with out going threw all the lamp and break checks
February 14th, 2014 at 7:19 am #Jason

Brian,
Your concerns seem to be related to the DMV and not insurance. I would hope you make your car’s lamps and brakes safe before driving the car on the road. Just get them up to standard and everything should be good. If you don’t want to have to pay to much money to the DMV, start voting anybody into office other than democrats so you don’t have backward laws and fees like you’re facing.
February 14th, 2014 at 10:43 am #Kyle

Hi on March 22 of 2013 last year my grandmother put in a claim for ice damning on her house, She has replacement insurance on her home and both south and north sides of her house were affected. The insurance company took a long time but we got three estimates in 1 month away from the 1 year anniversary of the claim being filed. The 2 higher bids were 111,000 and 108,000 dollars, the lowest one came in at 56,000 dollars. The insurance company saw an issue and asked the lowest company to revisit their estimate they did and realized they left out some things. They raised their bid to 71,000 dollars And the insurance company accepted it, The company had actually stated in talking to my grandmother that instead of removing all the insulation they could leave it in and just add more insulation. (This makes us very un trusting since there could be mold and the insullation value goes down when insulation gets wet). I am a contractor 4 hours away and know my values and pricing, This company is either going to use cheap knock off items to redo a custom kitchen or they will have to make up the money somehow. We Then told the lowest company that they must be missing something because the estimate is still to low, Yesterday they came back again a third time and stated oops we forgot more stuff and raised their price to 81000 dollars. A company that takes 3 times to finalize an estimate is very questionable and My Grandmother has said she can’t trust them and doesn’t want to use them. The only problem is the insurance company doesn’t want to raise the bid and no other contractor will touch this bid including my company. My question is what can we do to get the insurance company to throw out this companies bid and accept the other 2 companies that were within 3000 of each other and they didn’t even know each other. Please let me know what we can do as we really need to get her place started so that my Grandmother can enjoy her last couple years in her home. Thanks
February 14th, 2014 at 12:21 pm #Jason

Kyle,
There are more concerns and issues with your grandmother’s claim than just the contractor. The unrepaired water damage has existed in the home for almost 1 year. Since the damage is the result of ice dams on both sides of the house, the water damage has likely been happening for a long, long time. Ice dams don’t just appear all of a sudden – ice dams are a continual event every time there is snow on the house.

Because the damming has been happening for a long time and repeatedly, the insulation has been losing it’s insulating value over a long period of time, not just on or around March 22, 2013. I am surprised the insurance company even considered the damage a covered loss.

Regardless, it’s almost a year since the claim and a contractor hasn’t even been chosen. I also am concerned that a contractor who viewed the damage and revised his estimate 3 times is $30,000 different from the other 2 estimates. I have a suspicion the other 2 estimates are over-priced. I am more confident in the contractor’s estimate who reviewed the damage and his estimate 3 times over a period of a year. Your grandmother needs to pick a contractor. I don’t care if she picks the highest priced contractor – she, the contractor, and the insurance company will need to reach an agreed price to do the repairs.

With a claim this large, where is the insurance adjuster’s estimate? Where is the adjuster’s involvement?

Even though she still doesn’t have a contractor for the damage, that isn’t even the biggest problem she faces. A standard replacement insurance policy allows 1 year from the date of loss to make the repairs. If the repairs are not completed within a year, the policy automatically converts to (or remains) an ACV policy. This is the problem your grandmother faces in that she will have to make full repairs with the ACV dollar amount of the claim unless she is able to get the damage repaired in about 1 month. If it took her 11 months and she still doesn’t have a contractor yet, I can’t imagine all the repairs being made, and the replacement cost of her claim being paid for her claim.

Since you are a contractor and likely have worked with insurance companies before and know the insurance process, why haven’t you been helping your grandmother manage her claim? At this point in the game, it’s too late to be the concerned grandson.
February 14th, 2014 at 3:15 pm #Kyle

Hi Jason,

It has taken almost 1 year just to get the adjusters damage inspection report. She did it On January 15th 2014. I had stepped in in August after the adjuster had 2 low estimates come in to just repaint the house when I new it was a larger issue then that, The water was running on top and behind the drywall Damage the kitchen front door and basically all the drywall and insulation in the attic and on the north and south walls,Plus the carpets and linoleum in the kitchen and entry.Also keep in mind the house is 1 hour away from the city each way so the contractors would need to drive each day since there is no hotel to stay in. I wish now that I had quoted for her job as one of the three because we could save a lot of time, I had previously calculated the costs to repair the work to know if the estimates were correct, my bid would have been 106,000. The Largest issue we have is the low estimate coming in at 81000 dollars compared to 108,000 and 111,000. With the issues we have had with the low bid company my Grandma has been under a lot of stress and can’t sleep, they have had to move her to a hotel because of health issues and now she lives out of a suitcase for the last month and a half. I’ve done the calculations and 81000 cant touch the work needed plus when will this company say oops we forgot something else, because after looking at their estimate they forgot a large built in desk and the installation of a built in China cabinet along with other stuff I may have missed. What do we need to do to have this company removed from bidding to even bring in a blind bid so knowone can sway the bid of another contractor that could bid to make sure the bids are correct. Thanks
February 14th, 2014 at 3:24 pm #Jason

Kyle,
Your grandmother is running out of time with this claim. That is the important thing to know.

Have your grandmother choose the contractor she wants and have her and the contractor work with the insurance company to arrive at an agreed repair price.

This isn’t complicated, but choosing a contractor is what your grandmother needs to do.
February 20th, 2014 at 12:11 pm #Scott

Last summer we had a hail storm come through and damaged our car. The adjuster wrote a check out to the lien holder and us. I decided to pay off the rest of the car with the check that was given to us. Almost a year later, I kind of want to get the hail damage fixed. There is a paint less dent repair that says they can go back after more money to get the car fixed since the adjuster quoted and issued a check for a much smaller amount more than likely. Is this legitimate or should I keep away from this? Thank you.
February 20th, 2014 at 1:46 pm #Jason

Scott,
You pay your premiums so the insurance will cover hail damage to your car. Work with the repair facility to get the car fixed. It doesn’t matter what you did with the money originally. You will have to pay that amount, and your deductible to the repair place. The repair place should be able to work out any shortage in the original check with your insurance company so get it fixed if you want.
February 22nd, 2014 at 1:31 am #Timothy

hi, i was involved in a little accident earlier, we both were backing up. and i did every step i should before i back up, look at all mirrors, turn around to both left & right shoulder before i back up, and i was backing up, i saw a car on my left side behind me is also backing up, i immediately stopped and horned. however, she hit me anyway. and it was her bumper hit my quarter. my insurance(farmers) replied me after a couple days saying they couldn’t reach the owner of the other car, so i called the other party’s insurance(AAA), and somehow AAA only agrees with 50/50 because we are telling different stories. i did take pictures of my car and the damage should tells the truth that i was actually stopped because its dented and no scratch. and my insurance says if the other party says it’s 50/50, they couldn’t change their decision. i doubt when i was hit on the side by her rear bumper, am i really responsible to the 50%??
thank you for taking the time to read and help.
February 22nd, 2014 at 1:37 am #timothy

and yes, there were no witness or police report.
thanks again and sorry for posting 2nd post…
February 22nd, 2014 at 8:30 am #Jason

Timothy,
The effort to get the insurance companies to change their 50/50 assignment of blame is not worth it. Your insurance will pay your portion of this claim.
February 24th, 2014 at 8:31 am #Agnes

hi,I got into an accident,My car was hit and the guy who hit me was actually nice and apologetic,he gave me his insurance and driver licence,so i didn’t call the police, but now i have a problem with his insurance,the are saying that they are unable to resolve this claim because they are awaiting their insured’s description of this loss. and its been over a month and they are still sticking with the story that they can’t contact the guy,their own client? i know its a lie. What can i do?
February 24th, 2014 at 9:00 am #Jason

Agnes,
Don’t rely on other people’s insurance to protect your property. You should file a claim with your insurance company under collision coverage. Then let your insurance company work out the details with the other guy’s insurance. Although you will have to pay your deductible, you should get it back when your insurance company collects it from the other guy’s insurance company.

Also, always, always file a police report when you are involved in an accident.
February 28th, 2014 at 1:23 pm #Luke Benoit

Vehicle repossessed. Lien holder requested I Start a claim with my Insurance to repair damage to passenger side rear of vehicle.
Adjusters Inspected and put repair cost total at 2,148.81. To include Frame and Uni-body inspection and repair
Insurance claims paid out 2,148.81 to repair the 2005 Chevy Tahoe.
The vehicle was sold for 6,800. Marked on the Auction Company form. Frame and uni-body damage on the bill of sale as a red light/ damaged vehicle. This was a receipt of sale.
Why sell as damaged if insurance claims paid to fix the vehicle?
Money went to the loan deductible (the bank basically paying itself) and selling a damaged vehicle for scrap and leaving the left over debt for me to pay
K.B.B. and NADA Trade in price is $7,698, private sell $13,253, and suggested retail is 14,153. None of these prices reflect the actual private auction sale.
The bill of sale at auction showing frame and uni-body damage puts the vehicle possibly either parts or scrap depending on the highest bidder. No one files an insurance claim and repairs a vehicle, and then sell it for scrap or parts listing. As what has happened here.
This is what I asked when you first approached me, and I still have no answers in Four months why I took a double hit for a totaled vehicle?
I requested an investigation into who messed up to sell the vehicle at loss and put the remaining balance on me. Totaling in estimate around 5,000 dollars. A repay of either my losses in insurance repair, deductibles, and raised rates. Or loss in vehicle value causing a negative at auction.
Further more if I was aware of frame damage and knowing that totals a vehicle I would have no chance but to do so and pay of the total amount of the loan but lien holder did not make that available. I have received no reply
The vehicle was run able drivable and with title and should have been sold that way. As the Auction sales slip proves it was not. The insurance documents shows it had been freshly repaired.
February 28th, 2014 at 1:46 pm #Jason

Luke,
Vehicles that are repossessed don’t sell for anything close to retail – instead, they are purchased in the wholesale market. The amount you indicates seems reasonable for wholesale and will be a value less than trade-in.

If you question that the vehicle was not repaired and sold as is, then request documentation from your bank that the insurance funds have been applied to your loan balance. If the vehicle was repaired, request documentation of which repair facility repaired it and proof of payment for the repairs.
March 3rd, 2014 at 10:40 am #betty

I put insurance on our truck on a Friday we had a barn fire Saturday morning which our truck caught fire our insurance company does not want to pay for it because I just put the insurance on it I did not have insurance for about 3 months because we could not afford it is there anything I can do they took my money for insurance
March 3rd, 2014 at 9:09 pm #roxanne

I just found out today that an insurance check was issued to me, the executor to my dads estate and the executors attorney. My house burned down years ago, that was left to me in my fathers estate. Shouldn’t there have been some forms that had to be notarized before the release of the check? I absolutely did NOT have any idea of this. I know the statute of limitations may have ran out for fraud and forgery against the administrator/executor of the constructive trust but can I sue him in civil court and what would the chances of winning be do you think? The court was not told of this act in final accounting either.
March 4th, 2014 at 8:55 am #Jason

roxanne,
Sue him for what? Based on the information you provided, your suit would be unsuccessful even before you paid the filing fee. Nothing you posted shows anyone harmed you in any way.

Executors work with the direction of court orders. You may want to attend those court hearings so you are not left in the dark. You ask if there should have been notorized forms – if you are not part of the process, how would you know these forms don’t exist?
March 4th, 2014 at 9:09 am #Jason

betty,
You have a suspicious claim. You provided little information other than you obtained insurance for your truck hours (7-19 hours) before a fire that likely totaled your truck. I think there is more to your situation than you’ve provided.

What you can do is retroactively cancel your insurance to the day after you got it so you can be sent a refund of your premium.
March 7th, 2014 at 4:58 am #Becca

I live in Southeast Texas and we had an isolated hail store that damaged my vehicle. It’s a 2013 flex. I was not aware of the damages until I had taken it into a dealer to trade it in and the appraiser told me he couldn’t offer me a value due to the extensive damage. He took the time to show me what damage he could see and informed me I should call my insurance company. He did tell me that if I was to get the car fixed it was worth 20 and without repairs maybe 16K. I called my insurance and they sent out an adjuster who at first stated the car would be repaired by PDR however an hour into his investigation he decided that PDR would not be a reasonable solution and the repair estimate is 9300. Upon taking it to my body shop they found an additional 3k of damages that were not accounted for which has raised the repair estimate to 12,300. I feel that the insurance company should total the car and I would like to understand if I will have to take legal action to resolve this?
March 7th, 2014 at 11:51 am #Jason

Becca,
Insurance companies will generally total a vehicle when its repair is more than 80% of its value. Your vehicle doesn’t seem to reach this threshold. Taking legal action would be a complete waste of your time.

If the damage is $12,300, obtain the insurance proceeds and trade your vehicle in for $16,000. That seems to be the logical move. Why would you spend $12,300 in repairs to increase the vehicle’s value by $4000?
March 11th, 2014 at 2:59 pm #Jenny

I have a small business, which has a lot of inbound and outbound shipments. So I purchased cargo insurance from UPS Capital Insurance since 2010. In Jan 2013, there was a damage in my shipment. The dry van leaked during a storm and one pallet of goods ( all electronics) got wet. We filed the claim to the insurance company. They had no double about the water damage, but when estimate the lost, they refused to compensate for the total, but requested inspection. We are a dealer and did not have the expert and equipment to estimate the lost. Those products were imported and it was almost impossible to send them back for inspection. So the insurance company posted a bid online, looking for inspectors. Finally a company claimed they have the ability to inspect those products ( all are electronics). And they come to our warehouse and inspect those products. To our surprise, this company did not have much knowledge nor the equipments to do the inspection. All them did was plug in power, see them light up, then claimed the products working. This was riticulous. We protested to the insurance company, and found out this small company was an end user of those products, not a manufacture, not a research or repair shop. The insurance company ignored our protest and issued a check of extremely low value, far from enough to cover the lost. We did not accept it. And they did not reply to our emails any more. One month later, the engineers of the original manufacture came to the US for exhibitions, and we had them inspected some of the products. They found severe water damages to the products. We contacted the insurance company about those again, but they did not respond to us.

What can we do next? What’s the best way to deal with the insurance company?

Your help is highly appreciated.
March 11th, 2014 at 4:05 pm #Jason

Jenny,
Get a letter and an estimate from the manufacturer that indicates the items were damaged by water. Submit this information to the insurance company and ask that they pay the claim based on the correct information. Send the prior check back. Get the claim manager involved – or the claim manager’s manager.

If you can’t get it resolved this way, you’ll probably have to sue.
March 23rd, 2014 at 1:18 pm #Robert

if you cash an insurance claim check,and the release was stamped on the front of the check but have not signed the formal release form does this count as the final payment? i reside in NC. And the insurance company has also closed the medical claim without paying the medical bills..the incident occurred in January.
March 23rd, 2014 at 2:38 pm #Jason

Robert,
It might or it might not. You don’t provide enough information to provide a more accurate response. What is the check for that was sent to you? Are you the insured or the claimant?
April 3rd, 2014 at 10:40 am #Jan Green

A truck backed into the front of my vehicle which caused damage to the radiator and compressor. The insurance company issued a check. They have called stating the damage was prior and will issue another check for a lesser amount. What can I do to dispute this and now the 1st check is void?
April 3rd, 2014 at 8:54 pm #Jason

Jan,
Simple solution – file the claim with your insurance company for collision damage. They may pay for more than the other guy’s insurance. So what if you have to pay your deductible? Your insurance company will collect the deductible from the other driver’s insurance company and send your deductible to you.

Don’t rely on other people’s insurance to protect your property. With your own insurance company, you are their insured and customer; with the other guy’s insurance company, you are the claimant and clearly not their customer.

If some of the damage was prior, neither your insurance nor the other guy’s insurance owes you anything for prior damage not caused from the accident. I have concern there may have been prior damage because although you were hit in the front, there is no damage to the hood, front bumper, grill, and/or radiator support. All these components are all between the truck that was backing and the your vehicle’s radiator and compressor.
April 19th, 2014 at 10:44 am #Laura

Jason, our BMW 1200GS Adventure was involved in an accident. The motorcycle was deemed a total loss by the insurance. The insurance company had the bike towed to the salvage yard. When we received all the break down of pay out the amount was too low and based on a BMW 1200GS. I gave website proof of what was considered “Standard” on a 1200GS adventure to the adjuster. The adjuster said I was correct and the motorcycle is worth $3,000.00 more, so they are having our Motorcycle towed back from the salvage yard and a new estimate done to see if the motorcycle can be fixed or deemed a total. The bike was brought back to BMW with extensive additional damage because whoever towed the bike dropped it on the right side and damaged the frame of the bike and much more. The motorcycle was deemed a total loss due to the additional damage caused by the insurance having the bike towed by an incompetent company. So know I am out of a motorcycle and need to buy a new one. How can I hold the insurance company responsible for the additional damaged to my motorcycle? Is there anything I can do? This has been a nightmare with our claim.
April 19th, 2014 at 3:43 pm #Jason

Laura,
If I’m understanding you correctly, your bike has been re-valued at a higher amount and the bike is still being totaled. I don’t know anything you should do except to get and cash the settlement check and purchase another bike.
April 21st, 2014 at 10:42 am #robert

My friend got into a car accident with a truck Her and her step mother was in the car. They both have 2 different lawyers; but going to court on the same case. My first question; would it be 2 different cases being that it is 2 people suing. the 2nd question; wouldn’t be more smart to have 1 lawyer if it is listed as the same case. If it helps it is in the state of NY
April 21st, 2014 at 1:50 pm #Jason

robert,
Although the accident is something they have in common, their injuries, medical care, and claims are different.

When an attorney represents a person, that person’s claim is not going to be the same as another person – even if they were in the same car at the time of the accident. An attorney best represents only one client at a time because if he had two or more clients, their interests, direction, and desired outcome may (and probably will) conflict. It seems having 2 separate attorneys makes perfect sense. There are 2 separate and distinct cases resulting from 1 accident.
April 26th, 2014 at 9:55 pm #Jason

Tom,
With MSD, you would be the claimant and your claim against them would be 3rd party claim.

You should really have your home owner insurance company involved with your claim. With your insurance company, you would be the insured and your claim would be a 1st party claim based on your contract (insurance policy) with them.

Your situation seems rather complicated and you may need to consult with, and maybe hire, an attorney.
April 30th, 2014 at 1:45 pm #Rosie

I surrendered my car back to the bank. I met the tow guy at a parking lot behind a restaurant so he did not have to come to my home. Two weeks later I get a call from my insurance company stating there was $1,800 worth of damage to my car. I bought the car brand new, & it had less than 5,000 miles and I had it for only 10 months, there was NO damage.

I told my insurance company I am disputing the damage because there was none and they said they had pictures from a company working on behalf of the bank.

My insurance company said they still have to pay the damage even if I dispute them. I told them NO they have NO proof that I damaged the car.

The company working on behalf of the bank said that if I dispute that there was no damages, then they would need a letter from my insurance company stating I am disputing the damages then they will close the file and send it back to the bank.

My insurance company is refusing send this letter to them, stating I am disputing the damages, so they can close the file and instead are willing to pay the disputed damages.

This is such a nightmare for me, I should l have taken pictures before I turned it in.

What are my remedies if any, since I do not have proof that the car was turned in perfect, (even though it was) as well as they have NO proof that I did the damages.

Why is my insurance company willing to pay for something that I dispute and the company working for the bank is willing to close the file and send back to bank, and then the bank will have to deal with me to resolve this.

Thanking you for your response if you can give me an answer, it is appreciated.

Rosie
April 30th, 2014 at 1:51 pm #Crystal

If my car is at a dealership for a recall repair and a bad storm/tornado comes through and my car is damaged/totaled, would the dealership be liable for the damage?
April 30th, 2014 at 2:42 pm #Jason

Rosie,
In your situation, you are/were the insured – now the bank is the insured (through your policy) and they made a claim as the lienholder for their collateral. The insurance company has an obligation to you and to the bank for damage to the car.

I don’t care when or how the damage occurred to the car – if they claim there is damage, there is damage.

You can’t change the situation – so don’t waste any effort trying.
April 30th, 2014 at 2:50 pm #Jason

Crystal,
No. When your car is damaged or totaled by weather conditions, the delearship has no control of the weather and is not responsible for the occurence of high wind damage. The dealership didn’t do anything wrong to cause your car to be damaged so they would not be liable.
May 2nd, 2014 at 9:02 am #Summer

How does it work if the other party is at fault and state farm (other party insurance)said when i get ready to have it fixed to let them know and they will take care of everything- but what if i have someone on the side that is going to fix it? How do i get the check to fix my vehicle?
May 2nd, 2014 at 10:03 am #Jason

Summer,
Take your vehicle to the repair guy you have on the side and they will take care of paying for the repairs by your on the side guy.

If you have collision insurance, file this claim through your own insurance if you simply want a check. Your insurance company may handle it the same way.
May 6th, 2014 at 5:37 am #JB

My son broke his arm in a car accident. His friend was driving and hit a tree. We did not get a lawyer but his hospital and dr bills were $25,000 and the insurance offered $27000. So then we tried to get a lawyer but the insurance would not budge unless we went to court. My medical insurance refused to pay because it was an auto accident. But for some reason 9 months later my medical paid all the bills except for deductibles. At the lawyers suggestion we released the lawyer and wanted to take the the original offer.

The insurance company says there are no liens on the money but they will not give us any money until WE get a release from my medical insurance. is this typical? Why do we have to do it? Why can’t they do it?
May 6th, 2014 at 6:27 pm #Theresa Epps

I got into an accident so of course my insurance sent me a check for the primary estimate & they have taken my deductible out so why am I also paying the body shop a $500 deductible? I thought you pay only one deductible & that’s to your insurance company & they pay for everything but noooo now I have to come out of my pocket with an extra $500 to the body shop,why?
May 6th, 2014 at 6:43 pm #Jason

Theresa,
Let’s say the damage estimate is $3000. Your insurance company pays $2500 of that and you pay $500.

The total amount the shop collects is $2500 from insurance and $500 from you. The total is $3000.

Rest assured, you are not being hit with your deductible twice.
May 7th, 2014 at 11:40 am #Amber Schweizer

I switched to State Farm Insurance last year because they saved me money on my home owner policy. Part of the stipulation for them insuring us was to be claim free for the last 3 years. Two months after we switched to them we had a major hail storm in the area. My agent told me that since I was new they were going to cancel my policy if I put the same shingles back on my roof. That if I paid for impact resistant roof out of my pocket they would not cancel my policy. They did not require this out of anyone one else in the area.
May 7th, 2014 at 11:55 am #Jason

Amber,
An insurance policy is a contract between the insurance company and an insured. Either party can require certain things if the other party agrees. If there isn’t an agreement, there cannot be a contract, and the policy ends or is canceled.

If they require you to put on impact resistant shingles, you can do that and a contract is made or you can refuse and the contract will end. The specifics of insurance policies are not always the same for everybody so to say that they didn’t or don’t require this of others is not accurate.
May 7th, 2014 at 9:49 pm #David

Can an insurance company or adjuster advise a homeowner to NOT pay the contractor if the insurance company feels the contractor caused the loss on a resede cial property during the course of a remodel or other home upgrade project?
May 8th, 2014 at 6:23 am #Jason

David,
Someone telling you NOT to do something like you suggest is like someone telling you to pay the contractor because they feel like you should.

Since you mentioned this is how the insurance company “feels”, they should not be doing that. Emotions should play no role in who gets paid and who doesn’t.

An insurance company employee isn’t a payment recommendation company so they shouldn’t be doing what you indicate they are doing.
May 9th, 2014 at 12:01 pm #Heather G.

I purchased a 2010 Keystone Hideout 19flb travel trailer January 23,2014 and I financed it through USAA. I also insured it through USAA because that’s who we go through for our car insurance. I filed a claim for hail damage the trailer sustained March 29,2014 and they sent someone to my house from a local RV dealer to take a look at it and give me an estimate on damage and repairs. The gentleman asked me if I wanted him to “total it” and from that moment on I have been incredibly confused. I explained to him that we just purchased the unit and we would like to keep it. He then told me he wouldn’t write down everything because if he did USAA would definitely total it. He left and later called me to tell me that the estimate he submitted to USAA was for $7500 and that USAA would be in touch. The following week USAA called to inform me that they were going to total the trailer. They said that the ACV= ACTUAL CASH VALUE was $10,395.00. Okay so here is my problem- I owe $8935 for the trailer and the $10,395 will pay off the trailer but that number is FAR from the actual value. We purchased this unit from an older couple that had only used it a handful of times (they were selling due to medical and financial reasons) and the trailer was/is immaculately kept. NADA and BLUE BOOK value was well over $16,000 and we have put in upgrades like 5 brand new tires ($500) and a porcelain toilet ($400) etc. When we applied for the loan USAA was more than happy to approve it because the trailer was worth way more than asking price and that was just a few months ago. USAA has never sent anyone out to appraise the trailer- they are going off of “comps” in my area. When I asked about a buy back option I was told that I couldn’t buy it back because this was a catastrophic claim. THAT MAKES NO SENSE TO ME

I have looked over and over my insurance policy and I can’t find anything backing that up. I have the comprehensive & collision coverage as well as a towing a labor coverage with these deductibles.

Deductibles
Comprehensive 0 / Collision 50

I need to know why the ACV is so low and what I can do it increase that and is it really legal for them to not offer a buy back option because the hail storm that hit my area was considered catastrophic. I live in Texas and every place I have researched/called does offer buy back options. THANK YOU SO MUCH IN ADVANCE!!!
May 9th, 2014 at 12:24 pm #Jason

Heather,
It seems USAA decided to total the trailer instead of repair it. That is their option.

As far as their valuation of the travel trailer, they must be using some kind of database such as CCC Valuescope to provide them with a valuation. If you go to nadaguides (dot) com/RVs you should be able to build your travel trailer’s NADA valuation. You can use this valuation to support why their valuation is incorrect. There are other sites available too, such as Kelly Blue Book Valuation Guide that should give you a good idea of its worth.

There are a number of options and features for the travel trailer and USAA might not be considering all those items to develop an accurate valuation.

USAA is a good company but if you just financed it with them, they likely know exactly how much you paid for it for and they may be basing their valuation upon that information – but that is just a guess.

A settlement is reached when both the insurance company and you agree to the terms of the settlement. If you don’t like it, you can refuse to accept it and the claim remains unsettled. Keep negotiating for a fair settlement.

When the travel trailer is totaled, USAA basically buys it from you in the form of a settlement payment. USAA will then sell the damaged travel trailer to recoup some of the amount they paid to total it. I don’t know why they are not providing you with the right of first refusal to “buy it” back from the insurance company. That is common procedure – but that is not confirmed in writing in your policy. It’s now up to you to negotiate the best terms if that means increasing the totaled value or buying it back, or both.
May 12th, 2014 at 3:56 pm #Jake Henley

I lived with my dad for the last 20 years
He died in 2007
I continued to pay the house payment
In 2009 the house insurance lapsed so I got a new policy
Dad and I were both “named insured”
Just now finished an insurance claim
Insurance company wants to put check in my name and the estate
I was told that when I sent in death certificate insurance company would
remove dad’s name from policy
Everything claimed I owned
I have receipts from 2010 for 95% of the stuff claimed
(He had been dead for 3 years)
Nothing of the estate was claimed (everything was divided up)
The first two checks I got were made out to my dad and me with a / in between our names
Now they included the estate, and estate closed in 2012
I thought we had joint ownership for the policy
Do I have to share my claim money for my stuff with the estate?
Even when dad was dead when I bought the policy?
May 12th, 2014 at 7:56 pm #Jason

Jake,
Your father passed in 2007 yet you included his name on a newly purchased policy in 2009? You mention “joint ownership” but I don’t understand why you would purchase a policy with someone who has passed.

Your dad’s estate owns the policy with you. That translates to the estate owns the claim, and its proceeds, with you.

You may need to discuss your situation with an attorney to get to an outcome that you want.
May 21st, 2014 at 8:22 am #Jon

Hi. I need some help I live in Ohio. I have 2 dental insurances. One from my parent and one from my employer. The one from my parent I had the longest (first). Now my question is, when it comes to coverage, which would be my primary insurance? Do I get to choose which is it? Or is there a law that determines which would be my primary insurance. I would really appreciate a correct answer if anyone knows anything about it. Thanks.
May 21st, 2014 at 8:44 am #Jason

Jon,
Generally the insurance closest to you would be the primary one (unless medicare is one of the insurance plans – medicare is always primary). Your employer insurance would be under your name, whereas your other insurance is under your parents name and you are listed as a dependent.

Enter the following words into your browser and review the top couple of results to find your answer: “insurance primary secondary”.
May 21st, 2014 at 9:07 am #Jon

Jason, Or anyone else

Is there a law or anything that states that my dental insurance from my employer should be the primary insurance instead of the one from my parent. The reason I ask is because I want the dental insurance that I get from my parent to be my primary insurance because it’s better and it has my dentist under contract which I get better deals from my dentist with that insurance than the insurance I get from my employer which does not have my dentist under contract. Thanks
May 21st, 2014 at 9:13 am #Jason

Jon,
I don’t know how the primary and secondary was set up, but it seems to be well established which company is primary and which is secondary. I know of no instances when the pecking order was not followed.

Just go to your preferrred dentist. The claim will be sent to your employer insurance company and they will pay whatever their amount. Then the claim goes to your secondary (parents) insurance to pay whatever amount they are going to pay.
May 21st, 2014 at 9:55 am #Jon

Jason thanks for your answers. I have another question, this can be for anyone that can help me. I have 2 dental insurances, do I have to tell one insurance that I have another insurance? If I don’t is there any consequences?
May 21st, 2014 at 1:22 pm #Jason

Jon,
The coordination of benefits rules in insurance contracts require they know all insurance plans. Whether you want to withhold this information from your insurance company and your dentist is entirely up to you.

I don’t understand your end goal. If you have two insurances, there is no disadvantage to letting the primary insurance and your dentist know this.

CORRECTION – In post 1033, I mis-stated that medicare is always primary – it isn’t always primary like I indicated. See medicare (dot) gov/Pubs/pdf/02179.pdf
May 30th, 2014 at 3:12 pm #Laura

Hello,
I work as an in home CNA and travel to my residents home. While at a residents home their 200 year old oak tree fell and landed on my car parked in their driveway on a bright sunny day without a storm cloud insight. The homeowner called her house ins. they took my information (make,model and mileage of car) told me on the phone if the homeowner is found negligent they will not cover my car.
The home insurance sent out a third party person to take photos of the tree on her ipad. A couple days later the insurance adjuster called and said based off the pictures that this incident was considered “An act of God”. Later that week I received a denial letter stating that the homeowner was not found negligent so they would not cover my damages.
Is that normal practice that they base their findings off of pictures? Or should they have sent a claims adjuster in person? The trunk of the tree was completely hallowed out !Obviously there is some sort of fungus or insect hallowing out her trees. No one seems concerned that there are 10 more very large and oak trees that line her driveway that could have the same problem as the one that totaled my car.
Although I know longer have a car (because I only carried liability ins.) I am very grateful I was not under that massive tree. My concern is for the other CNA’s that go to her home and take care of her husband. If one tree is diseased and falls on its own weight what is the chances another tree next to it wouldn’t?
So did the insurance just not wasn’t to know about the risk of diseased trees? I asked the homeowner if she had the rest of her trees inspected by an arborist and she said no and doesn’t intend to.
So is it just not knowing that leaves you from liability on the insurance and homeowners part?
May 30th, 2014 at 4:41 pm #Jason

Laura,
If a homeowner did something or failed to do something that an ordinary person should have done or not done would reach to the level of negligence, and their insuance would then pay for any resulting damage. Most, and nearly all, homeowners do not intimately inspect their trees. The tree, by your confirmation, stood for 200 years. If it stood that long, one would expect it to continue standing. When a tree is hollowed out, it displays no outward signs that it is about to fall. If there was reason to suspect it would fall, the homeowner should do something. It is not only the responsiblity of the homeowner to make sure they eliminate dangerous conditions on their property, but it is also the responsibilty of people who park near any tree to take precautions.

You parked your car near the tree so it seems you had no suspicion it would fall. The burden of protecting ones property rests with the vehicle owner not to park where damage may occur. Nobody cares more about their vehicle than a car owner.

When the person came out to inspect the tree, that person was likely an independent adjuster who collected information and submitted the information, including photos, to the insurance company. Insurance companies take denials seriously because if they don’t, they would have to defend more lawsuits.

We can’t assume that just because one tree fell that others nearby are also going to fall. Although people use the term “act of god”, it is more accurate to call it an “act of nature”. Trees fall all the time for a bunch of different reasons.

I’ve written this before. Don’t rely on other people’s insurance to protect your property. Not having physical damage insurance means that you accept any damage that your car sustains.
May 30th, 2014 at 10:50 pm #Laura

Jason,
While I agree that people take precautions to protect their property as I always do . This particular tree wasn’t any where near my car, it fell diagonally across the driveway onto the center of my car. There is no parking on the street no other choice but to park in the drive.

My biggest shock is that if one tree falls that “looks” healthy a reasonable person would check the other trees that “look” healthy to make sure one doesn’t Kill the next person that walks up their driveway.

I did have an Arborist look at the photos and told me there is a fungus in the tree and that most likely the roots and surrounding trees are affected.
I just cant believe that there are people out there with no regard for another persons life. Next time maybe it will be someones life.

I will take this to small claims court just to have a paper trail that there are diseased trees on this property. Even if I do not collect a penny I know If ever someone gets hurt the courts have record of this property.
Laura
May 31st, 2014 at 12:45 am #Jason

Laura,
It’s difficult to say the tree was no where near your car when it landed on top of your car to cause so much damage that your car was rendered a total loss. That result would dictate that your car was close enough to the tree to cause severe damage.

Other choices are to take a taxi to work or to park 2 miles away and walk to work, so there are other choices than parking under trees. It’s odd that you want to blame the homeowner when you take no personal responsibility for your loss.

A reasonable person does not check every tree that they encounter. Instead, a paranoid person checks every tree they think might be in danger of falling. A paranoid person might also want to check every bridge they cross or every tunnel through which they might pass. One has to be aware that bridges and tunnels sometimes collapse.

Your arborist did not tell you that it’s probable that near-by trees are effected. Instead you arborist told you that it’s possible that near trees may be effected. There is a distinct difference between probable and possible.

Other people are not responsible for your or your car’s safety. That burden rests with you. If you are so paranoid that a tree will kill you or someone, then you need to expand that to anything like a building, airplane, or meteroite that could fall and kill you. That is irrational thinking.

When you collect nothing for your small claims action, just be satisfied that you wasted your efforts and money knowing that a paper trails mean nothing. A rational thinking person would consider those efforts to be a waste of time.

You are angry and upset that a tree totaled your car and you can’t blame someone other that yourself for that loss. There is nothing you can do that will change that fact.

Finally, it’s ironic that you trust an arborist to make a conclusion based on photos, but you condemn an insurance company for relying on photos for their determination.

Information provided on this site is based on reasonable expectations and reasonable remedies. The information provided is based on experience and insurance knowledge. The responses rendered on this site are not based on emotions and never will be.
May 31st, 2014 at 6:42 am #Laura

Jason,

You obviously do not know what an at home CNA worker does. At times I have to drive my residents to P.T. or doctors appointments my car is needed for the job. Asking a 85 year old person to walk 2 miles to my car is an unreasonable request.

The trees on her property are well above 50 feet tall so it falling diagonally onto my car isn’t far fetched.

Asking a person to check their trees of that magnitude isn’t unreasonable .What about the safety of the post office, U.P.S. or Fed Ex that has to deliver packages or the paper boy that walks to their stoop?

Obviously, you haven’t read Lew Bloch’s book on Tree Law Cases in the US. There are many cases where the resident was held responsible for a failed tree.

And lastly, I don’t believe my efforts will be a waste of time! This case isn’t based on resentment over the loss of my car, I have another car I am not without transportation.

It is however about principle and making people understand that the choices they make to not maintain a safe walkway for guest can harm someone or worse kill someone.

Laura
May 31st, 2014 at 10:43 am #Jason

Laura,
Rest assured, I know exactly what a CNA is and does. You don’t have to ask an 85 year old person to walk any distance. Either put the elderly person in a wheelchair and push him/her to your car, or let him/her use a hoveround so they can navigate the appliance for themself. You also have the option of that taxi I mentioned before. There are many options here.

A good rule to follow is that if a tree is 50 feet tall, and you fear it may fall on your car, don’t park within 50 feet of the tree.

You are incorrect – it is unreasonable to ask people to check their trees. In fact it is so unreasonable that it is rude. If you are so concerned about UPS, Fed Ex, or paper boys, you may want to work on an initiative to get them all M1A1 Abrams tanks so they can be protected from any trees that may or may not fall.

Regarding the Bloch book are you assuming I didn’t read the 1st edition or the 2nd edition? With the following positions, I find Bloch’s credibility suspect: Judge for the American Association of Nurserymen national landscaping awards, Assistant to Lady Bird Johnson’s Beautification Committee, and Judge for the National Swimming Pool Association national awards competition. Although the position of “judge” sound impressive, it doesn’t move me. I find no link between his 60 years of nursery, landscaping, and tree service to being qualified to be a judge for the swimming pool competition.

Although you want to cite many cases where a homeowner was liable for a felled tree, there are thousands of cases of no homeowner negligence for every one negligent tree case.

In your case, what are you suing the homeowner for? Isn’t it for the total monetary loss of your car? That would seem like your case is all about the loss of your car. I am confident you have no wording in your summons and complaint that you want a final judgment and order that “makes people understand they are potential killers by not maintaining their property”.
May 31st, 2014 at 11:37 am #Laura

Jason,
You are assuming if I won a lawsuit I wouldn’t buy my next resident the latest and greatest hoverround …the resident that makes sure I have a save trip to their door so I can wipe their butts.

As a homeowner I take every precaution to make sure that my property is safe. That my dogs don’t get out and that I am just a good neighbor. Crazy of me! I could save some money (on salt and fences and a numerous of other things) and then when “stuff” happens I could just fold my arms and say “Not my problem :)”

Silly of me to expect the rest of the world to be concerned about another person! Others are concerned about the cost to make their property safe rather than the tragedy they can cause another human being. Clearly you seem to be in that boat!
Laura
May 31st, 2014 at 11:47 am #WhyAreYouStillTalking

Laura,

It seems like you had your mind made up before you asked for help. Why don’t you just go take whatever action you plan to take and stop harassing someone who is helping, for free, simply because you don’t like his answer?

We get it. Your job can be shitty at times. Take responsibility for your actions (or inaction). You chose not to protect your property by carrying only liability insurance, yet you want someone to confirm your thinking that the homeowner is negligent for not having their trees tested by an arborist. The only ones to blame here are you and the tree, and good luck suing the tree.
May 31st, 2014 at 12:02 pm #Laura

Jason,

I apologies if I came across as harassing you ! It just infuriates me when people have no regard for another human being .

I suppose I live in a fantasy world ! Just because I care about others I expect the same. Its just to bad the world is the way it is !

Thanks for your time!
Laura
June 4th, 2014 at 5:36 pm #Diane

Hi, We have an above ground pool. We live in upper Michigan. This past winter we had a hard one with high winds. We noticed In April that our pool was damaged. We called and filed a claim. We are denied, they say it was heavy snow and ice that clasped our pool. Any thoughts on this?
June 4th, 2014 at 6:02 pm #Jason

Diane,
Under the coverage of 1. Collapse and 2. Freezing, Thawing, Pressure, Or Weight Of Ice Or Water, a swimming pool is specifically excluded. If damage was caused by fire, wind, theft, vehicles, vandalism, or a dozen or so additional perils, the pool would be covered. The closest one is wind, but since the pool was damaged by the weight of ice and snow and it collapsed, it appears the denial is appropriate.
June 6th, 2014 at 7:41 pm #Ipo

Hello, I hit my a wall at work building with my car. The building is mostly an office building with one tenant that has a live/work space. The building is not up to code, according to almost everyone that works in it, but no one will report it because they are afraid of having to shut their businesses down. With that being said, the outside wall is stucco, and the inside wall is drywall, with no pipes/structural foundation in between. A few people that have seen the damage (only one being a former contractor) estimate it to be no more than $15,000 on the HIGH end. The owner of the building refused to let my insurance company come out to do an estimate, and within 4 days of them requesting to come out, the building owner had an insurance company come out and have already repaired the inside wall. The estimate has still not been sent to my insurance company, however, the building owner is trying to claim roughly $10,000 over my maximum coverage of $25,000. Also, in the meantime, the building owner has been through the particular office I work in with two men, measuring things and taking pictures throughout my office and the rest of the building. My accident happened on one small corner of the building, no where near my office. The building owner has expressed a desire to come after me personally for whatever they couldn’t get covered. I really feel the building owner is committing insurance fraud, and using my accident to cover much more than…well…my accident. My question is, what can the building owner do/not do, and what are MY rights? What precautions should I take? Should I just report the building now, even though others would be affected, including possibly my job? I really don’t know what to do, but I do know that the building owner has been referred to as legitimately “off her rocker” by several people. Please help?
June 6th, 2014 at 8:57 pm #Jason

Ipo,
Report this to your insurance so they can get involved. And then let the chips fall where they may. I don’t care what people call the business owner. You damaged a building and the owner had nothing to do with the damage.
June 8th, 2014 at 3:55 pm #Ipo

Hi Jason,

Thank you for your answer – the first thing I did was report it to my insurance company, and also to the police when they showed up. I claim full responsibility, I guess my question is – if the building owner tries to come after me for additional money unrelated to the specific damages I caused, or for costs to bring the rest of the building up to code…if it’s something I should be worried about? Or, should I not be worried because the insurance will handle it?
June 12th, 2014 at 8:52 pm #Donna

Hi, First I’d like to say thank you very much to Jason and others that offer their time and advice for free. THANK YOU!
My problem started when landscaper my apartment complex hired (Enviroscapes) shattered back window of my car. Enviroscapes took full responsibility & offered to handle it. I already set up appointment with Safelite because I couldn’t even see out back window to drive. Safelite couldn’t fix for almost a week so to avoid paying for rental, Enviroscapes told me to cancel Safelite appointment because they found reputable (per my condition of someone else epairing) that could replace glass the next day. They hired (and paid) A1 glass which was 1 guy in unmarked old van not even equipped to power his tools. Long story short, he caused $3,000 damage to my car (scratched and chipped paint, large gouge in ledge under back glass, & tore up ceiling & lining all around back window). Also, his replacement glass is dimpled, cracked in one corner, & defrost barely works. I have before & after pics as proof of his damage.
Enviroscapes said would send their insurance to inspect and handle additional damage (Cincinnati Insurance). David (Cinn. Ins. Inspector) said they’d cover all damage & send check for all damage A1 did and $ to replace bad glass A1 put in with Toyota certified glass. All paperwork was done and David told me check for $4,000 on its way to me. A week later David told me not to cash check because Enviroscapes was disputing claim saying A1 glass responsible, not them and now they would only pay difference between crap glass A1 installed & cost of Toyota certified glass, which amounts to $300, because they handled their responsibility by replacing the glass one time and wouldn’t replace it again. $300 won’t cover replacing A1 crap glass.
Enviroscapes refuses to take my calls and Cinn. Ins. says hands are tied. I asked David how we went from him sending me $4,000 check (which I received the day after he told me not to cash it) to him denying bulk of claim and sending $300 check. He said he thought Enviroscapes wanted him to take care of all damage but that changed when things like insurance premium increases were taken into consideration by Enviroscapes. I have all conversation on voice recorder as proof. I don’t have liability insurance because I paid my car off 6 months ago and I’ve driven it less than 2,000 miles the last 12 months. It’s usually sitting in same spot in apartment complex where I live like has been for almost 3 years with no one damaging it.
Next, thinking my only option left, I tried to get A1 to handle their damage but they won’t even call me back. Also, Enviroscapes won’t provide me with any paperwork from their transaction with A1 (invoice, proof of payment, etc) so how can I even pursue A1 when I have no proof or paperwork to show they ever came near my car.
Any suggestions where to go for help without expense of attorney?
Also, aren’t there laws against insurance inspectors and the insured conspiring together to deny a claim after approving and paying (check was already in mail) so Enviroscapes’ premiums won’t go up? I know Enviroscapes could elect to pay it themselves but they’re refusing to pay damage themselves or to let their insurance pay for damage. Pulled a total 180 on me when they found out extent of damage.
Thank you in advance for your help!
June 13th, 2014 at 7:52 pm #Stacy

I recently settled an insurance claim in April and the insurance company of the at-fault driver sent a release and a check in which I promptly signed and deposited. Now it it June and the insurance company is telling me they made a mistake and paid the medical part of my claim to me instead of my own insurance company so my claim was overpaid. I was told by my own insurance company that the at-fault insurance company would pay my medical portion of my claim after it was settled so I did’t think I was responsible for making a payment to them (nor my insurance company ever contact me asking for payment after my claim settled.) As this was an error by the insurance adjuster that they are just now finding, do I have a legal obligation to repay what was intended to go to my insurance company for my medical claim? Again, I signed and returned their release for any further claims at for the amount they provided in the release–so can still come after me for their mistake and overpayment?
June 14th, 2014 at 10:40 am #Jason

Donna,
You had a claim with Enviroscapes and they met their obligation by paying for the broken glass.

The other contract you entered into was with A1 Glass. That is where your concern should be focused. Will the insurance pay for the damage caused by A1 Glass? No, the work product is not something covered by insurance. The work product also includes all the damage he caused to your vehicle. The remedy is to replace with a good piece of glass correctly and to not do any damage to the vehicle. (He can put in a good piece of glass but he can’t undo the damage.) If A1 Glass won’t pay voluntarily, you will have to sue to recover.

The insurance company was correct in their reversal of the progress of the claim. They don’t owe for the damage caused by another party. They can deny or modify a claim at any moment before a check is cashed. They did everything correctly. You should leave them alone because they are now off the hook.

Even if you had physical damage insurance coverage, the A1 Glass work product damage may not be covered – only the glass replacement would be covered.
June 14th, 2014 at 10:50 am #Jason

Stacy,
i assume your settlement is related to bodily injury and includes reimbursement for medical expenses and your pain and suffering. The signed release and acceptance of the check settles any interaction you have with the at-fault driver’s insurance company.

If your insurance paid for any of your medical expenses, then your insurance company can ask that you repay what they paid. Either you can pay it or ignore any requests to repay. If it is not a large sum of money, they probably won’t make any serious attempts to recover the money.
June 14th, 2014 at 12:51 pm #Stacy

Thank you, Jason! Yes, my release amount was for general damages+meds & wage loss. I’m not positive, but I believe my own insurance company paid my medical (e.g. dr. visits) because they had told me before I had settled my claim that they are reimbursed by the at-fault driver’s insurance company after I settled my claim with them (which I signed their release of claims back in April.) I have not received any kind of communication related to payment owed from my own car insurance company–just the notification this week from the claims adjuster with the at-fault car insurance company that they made a mistake and overpaid my claim–and that it would need to rectified immediately. We still have the $ available to repay it. However, given that the claims adjuster working on my claim took well over a year (almost 18 months) and was very poor about communicating with me timely and helping me understand the process, I’m not exactly thrilled with having to work with them again due to their error of not cutting a check to my insurance company for my medical. I’m sure if the situation was reversed and I had found I made a mistake after I signed the release, I believe it’s highly unlikely they would do me any favors and try to help me out. I really appreciate all of your feedback, Jason.
June 14th, 2014 at 1:10 pm #Jordan

my car insurance is denying a claim because i moved and did not inform them. is this legal?
June 14th, 2014 at 2:09 pm #Donna

Hi Jason,
Thanks so much for your help. I’m not sure if I was clear, but Enviroscapes entered into a contract with A1, not me. Enviroscapes told me to cancel appointment I already had with Safelite so I wouldn’t need a rental car. Enviroscapes chose A1, contracted with A1 and paid A1. I didn’t get any paperwork for that reason and when I asked Enviroscapes for copy of invoice, payment, or anything they have showing their agreement with A1, they refused to give it to me, saying it’s no longer their responsibility.

Not only is that despicable way to treat someone after they caused damage to their property, but it also leaves me with nothing to prove A1 was ever near my car. Is your answer the same eventhough I didn’t choose or hire or pay A1 and the entire business transaction was between Enviroscapes and A1. If they outsourced or subcontracted the repair for their damage aren’t they at least responsible for providing me with paperwork so that I can pursue A1? I’ve tried A1 but they won’t take my calls after first time I called and told them about faulty glass and additional damage.

Sorry if you already understood this and I’m being repetitive. I just wanted to clarify before making appointment with attorney since even a consultation will likely cost me their hourly rate.

Thanks again for your help. I really appreciate your time and expertise. 🙂
June 14th, 2014 at 9:07 pm #Michael

This may have already been answered but you have a lot of posts here! 🙂

I traded a car in to CarMax last November and they financed me on a new car and added the difference I owed to the loan.

I was involved in an accident a few days ago where I was making a left turn and the other driver ran the red light and hit me. Both cars appear totaled.

My question is, if the insurance company gives me a check with both mine and CarMax Finance names on it and CarMax just applies it to my loan. I would still be without a car. It seems to me that Carmax should allow me to use the money to buy a new car and name them as lienholder and we continue as before with my having a car I am making payments to them on. It seems that the other way would be unfair – i.e. they get their money early but I have nothing. I imagine I could just apply for a new loan but my credit score is lower than when I first financed last year. I think any auto insurance settlements should always restore the parties to the position they were in prior to the accident, not enrich one over the other. I could be wrong, but I have not found an answer to this question.

Thank you!
June 15th, 2014 at 5:24 am #Jason

Michael,
Your question is about the policy of CarMax regarding loans and collateral. This site is about insurance claim help.
June 15th, 2014 at 5:39 am #Jason

Donna,
A1 and Enviroscapes cannot enter into an agreement involving your vehicle. Only the owner of a vehicle can authorize repairs to the their vehicle. Even your submissive action of allowing A1 to work on your car is your authorization. Relating to what I just said, anybody can pay for those repairs – even another party not involved in the repair contract. My initial answers remain the same.
June 16th, 2014 at 2:19 pm #amy

Hello.
I got into a car accident last week and I am having such a headace with my bank and insurance. My insurance issued me a check and sent me an estimate paper for about $1400.00. The check was issued to me and my lein holder. However, my boyfriend can fix the car for much less than this estimate. My bank told me I need to send them the check and my insurances estimate and the work order from the person I am taking it to so they can compare them. My question is….can I have my freind fix the car for cheep, who also has no tax id number? I dont understand why this is such a headache. Is the bank making me use the same place the insurance co went to? My insurance co said I can take it to whoever I want. Im so confused.
June 16th, 2014 at 2:28 pm #Jason

Amy,
Tell your lienholder your plans to have your friend fix the car. They will then let you know what steps you need to take. You can have your car fixed by anyone you want. Just work it out with your lienholder.
June 16th, 2014 at 4:01 pm #Donna

Thanks Jason! You’re awesome for helping people like you do on this site! It’s inspiring in a world in which so many people won’t do anything for another person unless they have something to gain. Stay cool!! 🙂
June 17th, 2014 at 10:48 am #Jenny

Hello,

My daughter was a passenger in a vechile that was rear ended Sep 2012, the driver would not give us his insurance info only the persons that hit them, so American family would not pay her medical bills because they said it needed to go through his insurance first.
Now, because she is now on her fathers insurance policy she now has access to policy # and was told as long as it has not been 2 years she can still claim. How does she go about this?
June 17th, 2014 at 10:50 am #Jenny

Hello,

My daughter was a passenger in a vehicle that was rear ended Sep 2012, the driver would not give us his insurance info only the persons that hit them, so American family would not pay her medical bills because they said it needed to go through his insurance first.
Now, because she is now on her fathers insurance policy she now has access to policy # and was told as long as it has not been 2 years she can still claim. How does she go about this?
June 17th, 2014 at 10:24 pm #Jason

Jenny,
I don’t understand your your daughter’s situation or your question. What does her being insured with her father have to do with the Sept 2012 claim? Are you saying that her father was the driver in that accident?
June 20th, 2014 at 1:20 am #Patti Vlasak

My son (27) and a friend (38) were going out one night and on the way, the road had a lot of potholes. They got to the bar, stayed about two hours and returned home. The next day they heard a man had been killed on that that road. Although at the time neither had had a drink and neither thought they had even run over an animal, my “softie” son started thinking maybe one of those potholes could have been a body on the ground. He immediately called his friend who also had never considered it at the time, but it was supposed to have happened at about the time they had gone by. Anyhow they called the police and told them their thoughts. The police came out. He did have damage in his truck, but it was from hitting a deer and fortunately he had just had it completely evaluated for an estimate and had paperwork for every ding. But the police found a few hairs and asked to impound the truck. We said sure. They it to Madison and the results were conclusive for deer hair only and no cover up or cleaning by my son,etc. But that was not in the original police report which Hupy And Abraham personal injury lawyers saw when they took on this case for the family of the man who died. We have been sent three letters from them to send to our insurance company. We have ignored them. But yesterday we received a letter by certified mail asking for an affidavit of no insurance. We have insurance. But we are not at fault and I do not want our insurance company to pay. But legally what am I obligated to do? Thank you very much. Community actually thinks they know who hit the young man, but no follow up was done there. Known alcoholic.
June 20th, 2014 at 9:33 pm #Jason

Patti,
Hitting potholes and striking a person with a car are not even similar. Running over a body on a road would not necessarily involve any part of the car other than only the tires.

Your policy indicates you have to alert your insurance company of any claims made against you or your family members immediately. The community you mention sounds like a gossip group and has no bearing on reality or facts; instead it seem to rely on rumors and hearsay.
June 25th, 2014 at 6:31 pm #Kristin

About 2 months ago my parked car with no one in it was hit from behind by another driver. The was damage to the back of the car and received a quote from the insurance company on the repairs, however I received a second opinion and it was about 3000 more dollars. When I tried to drive the vehicle to the collision place to have the insurance work with the collision repair facility the car was not shifting into gear and was stalling in gears. I pulled over and called a tow truck and had it towed to my mechanic who explained to myself and the insurance adjuster this was caused by the accident and explained how air and gotten into the transmission due to the filter being dislodged due to damage of the parts that hold in the filter. The transmission is shot and he stated I would need a new one. I have worked with this mechanic for 15 years so I trust his judgement. The insurance company is giving my mechanic and myself a hard time and for some reason are calling in special investigators and wanting to pull apart the transmission piece by piece to take pictures and sent fluid to a lab for analysis. My mechanic asked the insurance adjuster who would pay for this. It will be a 1500 bill. Adjuster said if we deem it was caused by the accident we will pay for it if we don’t then the owner has too. I was not ok with at all. How do I know the insurance company will just say no it was not cause by the accident so they don’t have to pay for it and then I am out 1500 dollars plus have to get a new transmission. I refused to pay for it and the insurance company then got special investigators that I am meeting with tomorrow involved. I feel like I am getting the run around and they have second guessed my mechanic and acting like I did something wrong. Should I be concerned about this special investigator? Why are they putting me through all this?
June 25th, 2014 at 7:54 pm #Jason

Kristin,
When a car is hit in the rear, there is damage to the backside of the car. There is almost never any damage to the engine, and nearly always never any damage to the transmission.

Your mechanics explanation of the transmission damage could have been explained better by a complete idiot. Do you even understand how air got into the transmission because the filter was dislodged? I have reservations that your transmission was not damaged due to this accident. The tell-tale sign of that is the incredibly assinine explanation provided by your mechanic. If the transmission failure is not related to the accident, it will be your expense. If the transmission damage is related to the accident, your insurance company will pay for it. Regardless of what happens, prepare to pay for your transmission repairs out of your own pocket.

You indicate you believe they are second guessing your mechanic. Not only does your insurance company not believe what he is selling – but neither do I.
June 25th, 2014 at 9:50 pm #Kristin

Thank you for responding so quickly. My mechanic did suggest to the insurance adjuster if he had reservations about his analysis to have one of their own mechanics look at it and the insurance adjuster declined that idea. Unfortunately I am not mechanically inclined do I would not have the first clue about being able to tell one way or another but I was not having any issues before the accident with my transmission so I am assuming it had something to do with it. She hit the car sitting still at 50 mph do that would seem like a hard impact. Do you think it would be wise to just get a second opinion myself? I would have to get the car towed however.
June 25th, 2014 at 11:00 pm #Jason

Kristin,
The mechanics of hitting a non-moving car favor the non-moving car from incurring transmission damage. If you undertstand the mechanics of a transmission, a single hard jolt is not able to damage a transmission in most cases. Certainly the analysis given by your transmission guy is nonsensical and carries no weight. If you wish to give your transmission guy any benefit for transmission damage, you will need a second opinion with as much nonsnsense as he initially provided. Getting the car towed would be a minimal cost to having support that damage occurred due to the accident. I continue to see no damage to the transmission due to this accident.
June 26th, 2014 at 1:41 pm #Ruth

We had a flood in the kitchen, a pipe had broken in the wall. My insurance tried to deny the claim but we fought them and won. We were sent a third party check from insurance between us and the Lien holder. The lien holder has not sent a check back to us and it is almost 3 weeks. Every time I call they say they will mail it today or tomorrow but it never happens and when it does finally happen they will keep over 3/4 and sent us a check for what was left to start the repairs. We are an elderly couple and my husband is diabetic and has had a stroke. The insurance company had advised us that they will no longer cover our expenses since they sent the check to the mortgage company. We have to eat out because we have no kitchen and now nobody wants to cover this expense. Who is liable to cover this cost? Can the insurance co bypass the mortgage when they send the rest of the award? I am worried about my husbands health and just want this done. Is it time to see a lawyer. It has been 6 weeks since this has happened and we still have not gotten anything done because we do not have any money to pay the contractor.
July 2nd, 2014 at 8:16 pm #renee s

here is our problem, my husband was struck in a crosswalk and received
minor injuries. we filed a claim with the drivers insurance agency. the insurance agency offered a settlement. my husband spoke to an assistant
who made him aware that the offer did not include what was owed to our
medical insurance and therefore if we chose to settle we would be liable to
our medical insurance agency for all reimbursement due them. we then
made our medical insurance aware. my husband phoned today to see what the status of our claim is and was told there would be no settlement
because time had run out. we did not involve a lawyer because we simply
were asking for reimbursement of lost income and payments made out
of pocket by us. their initial offer was $10,000. is there any recourse?
July 2nd, 2014 at 8:59 pm #Jason

renee,
If the statute of limitations tolled and you did not settle, then the claim is basically settled with no action. The $10,000 offer is no longer available to you. Without the threat of legal action, you have absolutely no leverage.
July 8th, 2014 at 11:35 am #maryanne sakihara

Hi ,i made a claim for my husband,he is in a alzheimers care home.this place has all CNA caretakers(my husband has five)and a office within with one or two licensed nurses.my husband has a rider to cover nursing homes at 1,600 a month for 3 years ,and a 2,000,000 maximum.after sending power of attorney a mountain of paperwork and 7 months of waiting they denied the claim.they said it is not a convalescing facility.can i sue them…he is in the last stage of alzheimers,had 4 heart attacks.if that’s not catashropic..what is?…thanks
July 8th, 2014 at 1:18 pm #Jason

maryanne,
I agree that the care received of your husband by several nurses for alzheimers will never be convalescing care. That kind of care is provided at a slow pace to recover from an injury or illness. Nobody recovers from alzheimers – they only regress.

I don’t know why you are talking about catastropic when the insurance company indicates the it is not a convalescing facility. Is the rider for catastropic coverage that includes only convalescing care? I don’t know what the requirements are for the rider your husband has.

As far as suing, you can sue anybody you want for vitually anything. However, you have to determine if that action makes sense.
August 2nd, 2014 at 2:33 pm #sean

i was in an auto accident. my car was totaled and the insurance company “occidental fire and safety”offered me what i deserve, but they want me to send them my signed title to my car before they will issue my check. they will not let me do the exchange with my agent. the insurer is in FL but i live in MA. this sounds fishy, they wont send me anything saying there giving me my money, but want me to send them my singed title via first class mail. is this normal protocall?
August 2nd, 2014 at 7:54 pm #Jason

Sean,
There is an element of trust that you must accept to send your title to your insurance company.

You can give your signed title to your agent and he can forward to the insurance company.

When the insurance company receives the title, they will issue you a check. Technically, when they total your car, they become the vehicle owner so that is why they require the title. The settlement involves them buying the damaged car at its ACV value just before it was damaged. This kind of exchange happens all the time.
August 10th, 2014 at 12:00 pm #jay

I was involved in a rollover accident as a passenger in a work vehicle. I had a gash in my head that required 11 staples and whiplash. Am I entitled to any injury claim or does it all go as worker’s compensation?
August 10th, 2014 at 12:20 pm #jay

I was involved in a rollover accident as a passenger in a work vehicle. I had a gash in my head that required 11 staples and whiplash. I refused to go to the hospital by ambulance but was told by my boss to go anyway and it woild be comped.Am I entitled to any injury claim or does it all go as worker’s compensation?
August 10th, 2014 at 1:03 pm #Jason

jay,
Your situation is a bit different than normal. The workman’s comp is basically the medical insurance coverage and they will pay for medical expenses and lost wages due to the accident.

You have to make a claim against the driver. That will likely entail suing the driver to bring your employer’s automobile insurance company into the equation. I say this because it’s not likely your employer or his insurance company will entertain an injury claim voluntarily when there is workman’s comp available.

Here is an article you can read for more of an understanding: all-about-car-accidents (dot) com/resources/auto-accident/car-accident-claims/workers-comp-injury-how-car-accidents-treated
August 11th, 2014 at 4:10 pm #Ashley

Hi,
I was involved in a car accident a few months ago, the other party sent me a check for repair damage…so I deposited it into my account and it took 7 days to clear. Eventually, the accident was indeed ruled my fault. The other insurance company now wants their money back. Do you think they would accept a payment plan? It was their mistake for not doing due diligence before mailing out a check. Thank you.
August 11th, 2014 at 7:25 pm #Jason

Ashley,
That was very nice of the other insurance to send you a check for your damages. You can consider that a gift from them because that’s how I view it.

They probably would accept a payment plan but that would be based on the premise that you intend to give it back. If you didn’t want to give a gift back, you don’t have to. Will they sue your for it? Probably not. They made an offer and you accepted it. That really is not something for which to sue you.
August 25th, 2014 at 5:32 pm #Steve

Quick question-

Can an insurance company operating in New York State LEGALY “cap” clear coat on the estimate? I have several different companies only allowing a maximum of 2.5 hours when the actual clear coat time should be more than that. I have been told there is no law or regulation preventing them from doing so and I have not been able to find out if that is the truth. Could you help me or direct me to some literature on this subject. Thanks a million!
August 25th, 2014 at 6:31 pm #Jason

Steve,
There is no law because that would be one of the dumbest laws in existence. What is your basis that the clear coat time should be more than 2.5 hours? What parts of the car are being worked on?

An actual dumb law in N.Y. is that it is illegal to shine shoes after 1:00 on a Sunday afternoon. (§ 98-8. Sunday hours. No person shall conduct a bootblack stand or engage in work as a bootblack within the city, for hire or gain, or permit or require any of his employees to engage in such work after 1:00 p.m. on any Sunday afternoon.)
September 4th, 2014 at 3:12 pm #brandy

Quick question I had hail damage on my car I have allstate insurance in Missouri they are telling me they will send me a check for repairs which is a 1,000 less I have a lien on it but the body shop est… is 2,644 will my bank sign the check over to me or do they keep because there’s not enough money to fix it?
September 4th, 2014 at 8:38 pm #Jeff Delana

I have American Family Ins co., and I have 100 % replacement on storm related damge . with a 250.00 ded and I have had this for 30 years I receintly had lightning hit the house and ruined a computer a tv a surround reciver and a powered sub woofer and all I can gert the Ins to do is to have them tell me to go all over the kc area and have every item looked at to see if it can be repaired and there is not a single place that dosnt want 100 dollors per item to look at it ?>>? I know this has to be a well planned thing the ins co came up with to have at least 70 % of the people with a claim just forget about it but I have spent to much time and to much money doing most of the stupuid things they asked me to do I want my money they owne me now im have been playing there games for over a month and im done help
September 4th, 2014 at 9:09 pm #Jason

brandy,
Either your car is totaled because it’s value is not worth the effort to repair it, or it’s being repaired. Is your insurance sending you a check for a total loss or for repairs? You indicate they are “sending you a check less you have a lien on it”. Please re-post since this makes no sense. I don’t understand what you are trying to communicate.

Your bank won’t sign any check over to you. You will have to prove the repairs are made if it’s repairable. If your car is not worth fixing, there is no reason to sign the check over to you. Again, it brings up the confused state of whether or not your car is being totaled. That is the first thing you have to figure out.
September 4th, 2014 at 9:56 pm #Jason

Jeff,
Either your items can be repaired or they can’t. A repair may be as simple as replacing a fuse or resetting an internal circuit breaker. If you want your items repaired, you will find a repair place and then have the items repaired. If you want the items replaced, you have to support that the items can’t be repaired and that the items need to be replaced. You need to establish your claim and it seems you are refusing to do that.

Let’s take insurance out of the picture here. If you have a damaged computer, tv, receiver, and sub-woofer and don’t have insurance, what would you do with these items? Would you throw them all away and replace them or would you attempt to have them repaired? I will provide further response when you answer these questions.

It’s not a game the insurance is playing. If you are refusing to get the items evaluated to determine the cost of repairs, it is you who is playing a game of not following through on your claim. Insurance owes the lesser of the cost of repair or the cost of replacement. You have not established either with your claim, including your refusal to provide the necessary documentation for your claim. Since your refusal has lasted for over 1 month, doesn’t it seem reasonable to do what is required to support your claim – or do you want to draw this out even longer?

You have a $250 deductible. Have one of the places you claim charges $100 for each item and have them look at 2 of the items and you will have met $200 of your deductible. Have them look at the third item and you will have met and exceeded your deductible. You have to realize your insurance isn’t obligated to pay a dime until you have exceeded your deductible. I don’t care where you live – it doesn’t cost $400 to look at the items you are claiming.

If your reference of “kc” refers to kansas city, you can take your items to The Electronic Center and they can evaluate your items for $50/ea. If you do this, then your damage evaluation expense will be entirely contained within your $250 deductible. Further, you can contact Digital Doc since they offer “free estimates”. Don’t complain about your insurance until you first do what you need to do to establish your claim.
September 11th, 2014 at 11:36 am #Rene

I have a claim with my insurance company for my vehicle that was stolen and recovered, but damaged so it is now being evaluated by my mechanic for damages. In the meantime (now 2 weeks) I have no substitute transportation (which I have always had) because it was removed without my knowledge when I renewed my policy back in January. I was told that rental coverage is automatically removed when you remove collision from your policy-only problem is is that I was JUST told this when I went to use it in replacement of my vehicle. I was told it may have been removed when they cancelled the policy of my imaginary second vehicle that they somehow insured initially (the first mistake on their part that wasn’t noticed for 2 whole years and NOT until i did some investigating of my own), then I was told it cannot be put back on because it was changed so long ago and then told that it cant be put back on because I had already put in a claim.
Now my insurance company has made many mistakes as far a properly informing and misinforming me about things on my policy and I feel that this is unacceptable. Yet no one takes responsibility and I am left to pick up the pieces on my own.
In this last instance all I wanted was for them to own up to the fact that they made yet ANOTHER mistake and provide me with substitute transportation for me and my toddler until my vehicle is fixed. My adjuster told me that it still waiting to be reviewed…is there anything else I can do other than sit on my hands and wait?
September 11th, 2014 at 7:28 pm #Jason

Rene,
If you need transportation so badly, get it. It doesn’t matter if you have to pay for it and get reimbursed or if you don’t get reimbursed. The important thing is that if you need to be mobile, do what you have to do and stop being dependent on other people’s decisions. A rental car can be as inexpensive as $20-25 bucks a day if you rent on a weekly basis.
September 22nd, 2014 at 12:40 pm #William Busby

I left an old job in June 2013. Apparently one of my prescriptions was sent to my old medical insurance company by CVS Pharmacy on 10/4/2013. My old medical insurance company accidentally paid the claim (even though I was no longer supposed to be covered by them). I had a different insurance at the time with my new job. Now 9/2014, the old insurance company is trying to come after me to pay their over payment. This just doesn’t seem right to me since CVS screwed up first, they then screwed up second by paying the claim.

What options do I have to dispute this since the insurance company is threatening to send this to collections?

Thanks,

Bill
September 22nd, 2014 at 1:28 pm #Amanda

Bill,
You’ll need to pay the old insurance back, then go online to your new insurance for an out of pocket reimbursement form to be reimbursed by them directly.
September 26th, 2014 at 10:40 am #Joe

I have a 2003 Nissan xterra, a few weeks ago I clipped someone on the Highway, denting my drivers-side front quarter panel badly, blowing my front left tire, and after the police came and everything was resolved I switched out the tire and drove home, however, the car handled very badly, pulling and jerking like the alignment was destroyed. (now the car was in need of an alignment and two new ball joints soon, but it was always drivable, this was a drastic change for the worse.) I’m 23 and this is my first multi-car accident and my first claim with my insurance. they wanted to take the car to a yard to look at it, so I let them. I have just heard back from them over a week later, and They say that they have assessed the body damage, and are ready to send it to a shop for repair, but they said from their visual inspection, they assessed no front end suspension damage, (They even read me the adjustors note saying that there was “no impact” the the front right tire, even though the surrounding area is all dented, he just went off the fact the the wheel ((the spare that I swapped out)) looked nice and didn’t look at the blown tire laying in the back of the car!!) I voice my concerns to them, and they said that when the car gets to the mechanic, if they find more issues, that they will adjust the claim. Here’s my issue, the the car has a few other things that need work, (namely new exhaust including cats which are far from cheap) I’ve put a lot of miles on it and I own it outright, so i’m thinking I would rather collect the check outright and sell it to a mechanic for a small price. but I want to a real rate on my check, reflecting the clear alignment/suspension damage… How should I proceed?
September 27th, 2014 at 2:13 pm #Jason

Joe,
Ask them to re-assign another adjuster to inspect your vehicle for all the damage, not just part of it.
September 29th, 2014 at 4:49 pm #Bill

Hello.
My car is a lease
And it got vandalized
They insurance company is sending a check made out to me & my lienholder

The check is worth 20k
But I got a other estimate for only 10 k

So? Is there a way I can :
Cash the 20k check
fix it for 10k
And keep the 10k balance myself

I know both shops will do a perfect job

I have a question?
Can I just call my insurance and have them take off the liebholder after the claim is made?
If that isn’t possible. What are my other options. Thx
September 30th, 2014 at 2:51 pm #Bill

Hello,
Bill again
Also I’m in California
And it’s porsche financial

Thx in advance
October 1st, 2014 at 6:45 am #Jason

Bill,
Insurance is designed to pay for the vehicle damage after your deductible is met. If you want the vehicle repaired at the first place, it will cost $20k. If you want it repaired at the second place, simply send the check back and ask them to write the check out to both you and the second repairer.

As for your “keep the balance myself” comment, insurance is not designed to pay for the cost to repair the damage in addition to paying the insured an additional $10k. Actions to make money off claims are reasons lienholders and body shops are included on insurance payment checks.
November 5th, 2014 at 12:36 pm #GABRIEL

I am being sued by an insurance company, stating a tree on my corner property impaired the vision of a driver that ran a stop sign onto a main street and hit another car with right of way.
the police report says there was no pictures taken, yet the insurance is claiming negligence on my part.
Never has the city sent me a ‘notice to trim and comply with city codes’ nor does the tree actually cover the Stop sign.
There is a warning stop sign just two houses away from mine, do to the fact that my house sits on a hill.
Can they do this?
November 5th, 2014 at 11:07 pm #Jason

Gabriel,
Submit your suit to your homeowner insurance company. They may defend you for the allegation that you are responsible for the actions of a tree and the failure of another driver to drive safely.
November 11th, 2014 at 8:43 pm #Regina

I purchased aftermarket rims for my truck and the rims and tires cost me over 13000.00 dollars. recently my rims were stolen and I reported it to my insurance company, after weeks of the run around they finally agreed to issue me a check for 10000 minus my deductible. The only catch is that they put the leinholder on the check as well. After my rims were stolen I put the Stock tires and rims back on my vehicle, as I didn’t get rid of them when I purchased the others. My question is. Why would my check be written to the leinholder and me instead of paying me for the cost incurred for my own personal loss. The leinholder did not pay for my aftermarket rims, I did. Can the insurance company do this?
November 14th, 2014 at 4:08 pm #Fredda Mccord

My son has 2 claims on his car. With 500 deductables each. We took the car to get fix. The ins gave us a est and took the 1000.00 out of the checks. The people who fix the car have had it for 2 months and keep trying to get more money out of the ins co. Today they called said we could finaly get the car (car been fix for 3 weeks) but then call back saying we owe them 1000.00 out of pocket for the deductible. Do I owe them?
November 14th, 2014 at 6:45 pm #Kari

Fredda- yes your son owes the deductible.
November 15th, 2014 at 6:35 am #Jason

Regina,
The lienholder has a financial stake in the car. Sure, you might have purchased the rims and increased the value of the vehicle but that doesn’t matter when the insurance company is following its policy and procedures to include the lienholder on the check.

Just explain your situation to your lienholder and ask that they sign the check over to you.
November 18th, 2014 at 1:48 pm #Brett

I’ve been dealing with a mess of an insurance issues this past month, let me start off by stating, my friend had borrowed my car for the day (he was having issues with his) well long story short he was involved in an accident, where he was at fault. After countless calls and so on so forth (took almost a month) they had called me today, saying the repairs are done. I’m confused though, I never authorized any repairs, the shop had told me they didn’t need or want to check the frame, but the insurance company had said they did, and they were paid to do so, at this point I don’t feel as if I can trust my insurance or the shop. I requested for the car to be taken to another shop and re-evaluated (again I never signed any paperwork, nor gave any consent to work on the car) and my insurance company refuses to do so, stating “you never said you didn’t want it done” they keep telling me instead that I have to “prove” that something is wrong, by paying my deductible, taking it to another shop and paying for it out of my pocket myself, but I’d have to sign paperwork before hand. Is any of this legal for them to do? I’m so confused right now personally I don’t know WHAT to do.. I live in Ohio if it helps
November 18th, 2014 at 6:46 pm #Jason

Brett,
Only the owner of the vehicle can legally authorize repairs or allow the use of their owned car. Neither your lienholder nor your insurance company have the authority to authorize repairs. I don’t know all the details of your situation but it doesn’t seem right. I don’t blame you for your lack of trust but I don’t know any other information I can provide.
November 18th, 2014 at 10:31 pm #Brett

I appreciate the feedback, I wasn’t 100% sure as to what was legal and what wasn’t. I am the owner of the car, and I didn’t authorize anything, I was just wondering as to what legal standpoint I stand, and you answered that perfectly. I plan on talking to an attorney because they refuse to release the car, nor get the frame tested at a different shop, like I had asked. As far as the question goes, again you answered everything I needed to know so I appreciate that.
November 19th, 2014 at 5:26 pm #Kay

Good evening, my boyfriend was parked at a truck stop when another trucker Side swiped him with the left side of his Trailer which damaged the right side of my boyfriends Truck. A man witnessed the incident but refused to give the at fault driver’s insurance company his personal information out of fear that he may need to go to court which will make him lose money since he drives for a living. The at fault Driver’s insurance company emailed my boyfriend that the claim is disputed as to facts because the witness would not cooperate. my boyfriend was in his truck, and the truck was parked when the incident occurred. They Insurance Adjuster has the pictures of the damages but has not come out personal

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