Our car was totaled last week. Are we SOL? (re: insurance companies)

[KansDem]

Last week I was involved in an accident that totaled my and my wife's car. The other driver ran a red light and smacked me as I was passing through the intersection. The police officer cited the other driver for running a red light. A witness who stopped to see if we were all right wrote and signed an affidavit saying the other driver ran the red light.

Now the other driver's insurance company is trying to settle for a little more than half of what a comparable car costs. We had a 1996 Taurus. The car guides and local car dealerships list the car at between $3,000 and $4,000. The insurance company wants to give us $2,250. And we still owe 5 more payments on the wrecked car. We were hoping to pay it off and be car-payment free for a few years. Are we naive to expect the insurance company to get us into a comparable car, especially since I wasn't at fault?

So what do we do? Do we take the money and try to find a comparable car by perhaps assuming another couple years’ worth of car payments (not too economically feasible at this point)? Or do we SUE!!! :grr:

____
on edit: the 5 payments left on our wrecked car amounts to about $950...

[nothingshocksmeanymore]

1. Were you injured at all?

Not sure if your state is no fault or not but you should consult an attorney. Insurance carriers have a habit of fucking over people who aren't represented.

[KansDem]

3. No...not injured...yet...

I tend to see your point, though. I wondered if I had a lawyer if the insurance company would be trying to pull this...

[nothingshocksmeanymore]

4. well they would still lowball your car

[ewagner]

27. Call YOUR insurance

company and tell them that you need legal representation....your policy covers it......

[ashmanonar]

2. definitely get an attorney.

you probably won't have to sue, bc when they realize you're gonna play hardball, they'll likely just give in. it's cheaper to just give you the new car than pay the litigation costs.

[KansDem]

5. That sounds like a plan, however...

Being with only one car sure puts a strain on our family. Both my wife and I work, some evenings and weekends, and we have two children...

I wonder if the insurance company expects us to settle up immediately, even for a lesser amount, so as to not disrupt our family/work life too much...

[ashmanonar]

18. yea, i know about having not enough cars.

have you looked into renting for the length of time you need? you might be able to get a better deal for a specific amount of time: besides, you could make sure to get reimbursement from the company for your rental costs.

note: i'm not a lawyer, you'd probably wanna talk to one if you're going to, don't take my advice as gospel.

[amazona]

20. the insurance co. at fault pays for your rental car

This person is definitely being effed. When you are hit by a car, while the situation is being settled, the at-fault insurance company pays for a car from Enterprise Rent-a-Car -- that is their whole business, renting to victims of auto accidents and having the insurance companies pay!

The conservation movement is a breeding ground of communists
and other subversives. We intend to clean them out,
even if it means rounding up every birdwatcher in the country.
--John Mitchell, US Attorney General 1969-72

[ashmanonar]

33. yep.

i never had a doubt that they're being raped by the insurance companies..but then, i'm not objective about it. the insurance companies are full of shit.

[GodHelpUsAll2]

34. The other drivers insurance

should provide you with a rental car until you get this all worked out. Demand it NOW.

[mdhunter]

12. That is precisely what they expect you to do.

[KansDem]

16. Wish we had one on retainer...

But then if we did, we wouldn't be haggling over a 9-year old car!

[ashmanonar]

17. what else are they supposed to do tho?

my family's had some dealings with insurance companies...let's just say we had to wash our hands afterwards, and check our fingers to make sure we had them all. i think at least retaining an attorney will ensure some sort of fair deal.

[Lauri16]

6. definitely contact a lawyer

Even if you don't want to sue, the fact that you got a lawyer will force the insurance co's. hand so they pay out what you deserve. Insurance co's love it when they flash the numbers before someone has the time to contact an attorney.

[KansDem]

10. Don't have the money for a lawyer...

unless we get one on a "pay later" plan based on our success (I forgot the term).

Still, we have family and work to contend with and if this should take weeks or months, it's "Stress City" for us! :scared:

[Lydia Leftcoast]

44. Hire a lawyer on a contingency basis

That's what I did when someone rear-ended me. I got my car paid for plus $1500 for injuries (in addition to the medical bills that my insurance co. paid). The lawyer got $500, so I was still $1000 ahead. (Typically, the lawyer takes 1/3 of whatever you get.)

Insurance companies exist to collect your premiums and pay out as little as possible. They will never voluntarily provide what they owe you, and they will do just about anything to wriggle out of their responsibility.

[yorkdane]

7. Have you

asked your insurance agent's advice? He/she should be able to assist you, not with legal advice but with your insurance company's standard procedures. Another suggestion is to contact your county or state small claims court for an initial meeting to determine your options. I think you will be advised not to settle too quickly...especially if either of you had injuries. Good luck!

[KansDem]

8. We have contacted our agent...

He has given us some advice, but doesn't sound too optimistic about our settlement.

Guess I thought there was truth and justice in this world. Just not when insurance companies are involved! :)

[TreasonousBastard]

9. Depends on a lot of things...

ferinstance-- in some states, like NY, any intersection accidents are considered joint fault, so the company might be banging you for at least 10%.

So, did they give you reason for lowballing you? They like to open the bidding by lowballing, and persistance might work if they are just trying to save a few bucks. But, they might have a good reason (to them, anyway)for a low number.

Do you have anything else to claim? Like loss of income or use of the car. A rental car. Valuable stuff in the car that you can prove was in there? Or can't prove. Anything that losing the car cost you that you can try to get to raise the claim.

What about your own company? I know it's sometimes better to go directly to the other guy, but sometimes its better to take your own company's settlement and let them collect from the other guy. They know about the accident, so what would be the problem putting the claim there?

[KansDem]

13. That was an option put to us by our agent...

Either:
1) file a claim with our company and let them go after the other company; two drawbacks
a) possibly less of a settlement
b) we would have to pay the deductible

2) file directly with the other company to avoid the two drawbacks listed above. I'm wondering if I should've filed with our company to get this over with...

[idiosyncratic]

11. Don't settle.

Either that insurance company or your own ought to pay for you to get a rental car until you get the money to buy another car.

But, don't settle too soon, and make sure you don't have some residual aches and pains. Sometimes injuries show up later. A friend of mine in a similar accident was in pain for weeks.

I probably would contact a lawyer.

[KansDem]

14. We did get a rental car from the other company...

However, it's just for one week. I'll see about extending that for a little longer (as long as it takes?)

[Alpharetta]

15. invest in a clunker in the meantime

rent a wreck

whatever you have to do to get around and not jump at a lowball offer from the insurance adjusters.

It'll be worth it.

[amazona]

19. insurance co.s steal cars -- this is what we did, IT WORKS

I suppose you know that insurance companies make a nice side income by claiming a car is "totalled," giving you half the real value of the car, then re-selling the car in Mexico.

No. 1 -- don't let them take the car ANYWHERE. Once you allow them to take the car, it's game over. You are effed.

No. 2 -- tell them you are exploring your options because you don't believe your car has been totalled. Ask for an insurance adjuster to come look at your car because you believe you have received the wrong adjustment.

No. 3 -- yes, be prepared to sue if you are not made whole. The accident was not your fault, so you should be FULLY compensated. People who don't sue and who are afraid of using the court system are putting themselves at a disadvantage. You have to be willing to sue if you are cheated or accept that you weren't willing to stand up for yourself. There are lots of so-called ambulance chasers who will take your case on contingency -- you pay only out of the settlement when you win -- so talk to one of them.

We refused to sign papers or accept the settlement when they said our car was totalled. We did not immediately "lawyer up" or use legalese, this is important because you don't want to come across as wanting to be litigous. You want to come across as "concerned because there has been some mistake."

The insurance company then sent out another adjuster to look at our car. She agreed that the car was NOT totalled and cut a check on the spot for the complete repair of the car. Two years later, my "totalled" car is just fine and has never needed another repair, knock on wood. We searched the internet and found that a comparable car was not available anywhere in the U.S. for what they planned to pay for our totalled car. The insurance company was a downright thief! We were the victim, and they were going to let us lose money while they took the profit. No way, we don't play that way.

Unfortunately, if you already allowed them to take the car, it's in Mexico by now, and you're not getting it back. Your only option is to see an attorney. Keep in mind that soft tissue damage doesn't appear for days or sometimes weeks. Do not sign ANYTHING relieving them of responsibility for your medical expenses. They'll try to buy you off with a little check for $250. Go through physical therapy even if you feel it wastes your time, because 1-- it will save you a future of physical pain, and 2--you can get some extra money to make up for the fact your car was stolen.

Follow these steps, and you'll either get your car back or some money, or both. Actually, we got both -- the main objective being our car fully repaired but also some money to cover my minor injury and a like amount of money to cover "appearance" because my car was uglier after the accident.

The conservation movement is a breeding ground of communists
and other subversives. We intend to clean them out,
even if it means rounding up every birdwatcher in the country.
--John Mitchell, US Attorney General 1969-72

[Beaverhausen]

21. Get your insurance company to fight for you

that is what they are supposed to do. Everyone I know who has been in this situation had had their own company fight it out with the other one.

[amazona]

23. in my case

The person who hit me had the same (very reputable) insurance company that I did, and she admitted she was at fault right away -- supposedly the ideal case.

We still had to fight to get our car repaired. We learned that it is policy even for the best insurance companies to total out as many cars as they can rather than repairing them. You really have to be adamant that you are not going to accept their decision easily. No one should ever accept a first offer when an insurance company claims your car is totalled.

Another option is to hire your own insurance adjuster for about 10 percent of the final settlement. We didn't have to do this to save our car, but it was going to be our next step before turning to an attorney and rubbing our necks!

The conservation movement is a breeding ground of communists
and other subversives. We intend to clean them out,
even if it means rounding up every birdwatcher in the country.
--John Mitchell, US Attorney General 1969-72

[KerryReallyWon]

22. dont take the car rental money allowed for the loss....two weeks

you can get it added to payment for the car. At least there co. is paying for it. Talk to your co.

[NV Whino]

24. Lots of good advice here and here's some more

1. Your insurance company should be fighting for you. Period.
2. Either your company or the other company should pay all or partial for a rental car.
3. If it's not too late get a separate estimate on the damages from a body shop. DO NOT TAKE THE INSURANCE COMPANY'S ESTIMATE AS FINAL.
4. Do NOT sign off on potential personal injury. You have up to two years to make PI claims if you do not sign off.
5. Get an exam by doctor AND chiropractor. Pay for it yourself... unless they do find something wrong... and keep receipts for the two year period.
6. Keep after them (whoever) for a decent settlement.
7. Arbitration is an alternative to court.
8. Make sure of your legal rights. Your insurance company should help you with that. For instance: no fault? intersection only no fault? An example: I was in an accident last year. Totalled the car I was driving. Uncontrolled intersection. I was 3/4 of the way into the intersection when a guy broadsided me. I was assigned 60% of the fault. Reason: he was on my right and in effect had the right of way in spite of the fact I was 3/4 of the way into the intersection. The insurance companies decided this. BTW, the cop at the scene said that he could see no way that I would be at fault.
9. Rent a wreck. It may look like ca ca, but the must be in running order and safe.

[AlCzervik]

25. you tell them you want blue book-retail

My car got stolen june 28th and 1 month later i settled with the ins co. I got blue book-retail. don't settle for less.

[KansDem]

29. Blue-book retail: $4,825

Good place to start! Thanks! :hi:

[AlCzervik]

31. yup, thats what it would cost to replace it

maybe they come in at $4500...ok then but don't settle for less. Also, have all your info right in front of you when you talk to them, in most cases they will pay out in full but they count on you to not want to negotiate.

[derby378]

26. We were in a similar wreck back in October

Teenage girl in her Daddy's Mercedes failed to look both ways at the stop sign and pulled out right in front of us, totalling our car. Her insurance company offered us a settlement of approx. $5000, which was a little higher than the blue-book price we ran across. We took it and sank most of the money into a down payment for our replacement car, which my wife loves.

I considered suing the other driver for the rest of the money, since the police agreed that the accident was her fault, especially since my wife was badly hurt in the wreck. But at least the girl's insurance company is helping with the medical bills, and I was told a lawsuit in this case might be too much trouble.

I was furious when the wreck happened, but my wife's recovery and the fact that we have a nicer car than the one we had before helps mollify the fact that I had to go right back into car loan debt again. I only had two payments left on the old car - I was so crushed. But my better half loves the car so much. It eats up a little more gas, but the seats are very comfortable, she has more leg room, and the heater/AC keeps us very comfy. It's a certified road-trip car.

In any case, I feel your pain, and I sympathize.

[Orangepeel]

28. They need to pay the bluebook value of your car

Hi, KansDem --

I'm sorry this happened to you.

If you sued and won, they'd have to pay the depreciated value of the car, not the cost of a replacement.

That's not really fair, especially since it wasn't your fault, but that's what will happen, unfortunately.

Talk to a lawyer, though, of course.

[KansDem]

30. See post 29...

And thanks!

[Orangepeel]

40. good luck!

try negotiating with the idea that they owe you what it was worth -- that is, what you could have sold it for -- rather than what it would cost to replace it. It might be the same number (bluebook) but the perspective is different, I think. They owe you what you lost.

I hope things work out for you!

[welshTerrier2]

32. i'm confused

which insurance company offered you the $2250?

the way it works in my state, I think, my settlement would come directly from my insurance company, not the other driver's ... my insurance company would get "subrogation rights" against the other driver's company ...

this means that after your insurance company compensates you, you would sign over your right to sue the other insurance company to your insurance company ... this gives your insurance company "standing" to sue (in your place) ...

so, if you're getting a lowball quote from the other company, at least in my state, something sounds fishy ... the quote should be coming from your company with an explanation of how the amount was determined ...

has anyone giving you a justification for how your car was appraised ??? barring any known defects, e.g. previous accident damage that you chose not to repair, you should be given "some version" (i.e. maybe not retail) of the value of the car ...

before I engaged lawyers, i would simply ask why you were not being given the published value of your car ... you might also consider telling them you will be changing insurance carriers if they don't get you a fair price ... try a few questions and a little leverage first ... and then decide the next step if necessary ...

here's a link to Kelly's Blue Book: www.kellysBlueBook.com

[KansDem]

38. Quote came from the other driver's insurance company...

But I'm seriously considering turning the whole mess over to my agent and telling him to take care of it...:grr:

[welshTerrier2]

41. that's exactly what i would do ...

and make sure your agent clearly understands your expectations and why you consider them totally reasonable ...

i wouldn't start off by threatening him that you'll take your business elsewhere ... but, if he drops the ball, then i would let him know he may lose you as a customer ...

if you don't have a copy of your insurance policy, get one ... your agent should be able to fax or mail one to you ... and i would ask your agent why your insurance company, the one YOU ARE PAYING to insure your car, isn't giving you a fair compensation ...

collecting from the other driver's company should be their problem, not yours ... you have a contract with your company and should receive your payment from them ...

good luck ...

[gbwarming]

35. Find out how they do their valuation

I just went through this - only had 2 payments left. Damn!

The insurance company involved used CCC Valuescope to come up with "comparable" cars. When I asked they faxed the 12 page report to me and I saw the 5 comps they had. Some were from months ago, some were private sellers, and a couple were over a hundred miles away.

The used car dealers that participate in this give Valuscope a "take price" which they promise they will sell the car for if you ask. That's something you can verify by calling. Valuescope tacked about $600 to the value of the dealer cars because they had been prepped - which is imo complete BS. One of the comp cars had VERY high mileage which was not reported. I wheedled about 10% more out of the insurance company with this kind of stuff which brought it to a nearly fair price (tho still a major pain).

Hope that helps & Good Luck

[Haymare22]

36. You can BUY it back.......

Little known, when INS co totals your vehicle they dont want it. You can usually buy it from them for $500. Let the loan(if you have one) get paid and buy the car back....

[KansDem]

39. Don't want it...

It was really totaled.

Windshield shattered; hood partially torn off; front end in shreds (fiberglass); left side buckled: I had to push out with both feet to get the driver's door open; both airbags engaged (which I understand is expensive to repack); and I smelled antifreeze right when we hit...

I don't think it can be repaired, which is too bad since it was a good car...

____
on edit: Oh, yeah, and the front bumper was left in pieces on the roadway...

[WLKjr]

37. get a lawyer

simple as that, ask them what options you have, seems like you should get the worth of the car,but I could be wrong.

[Career Prole]

42. That happened to us and here's what we did.

We had Geico, she (the girl who ran the stop sign) had Allstate.
Allstate told us our truck was totaled and said they'd pay us an amount which wouldn't even cover what we still owed.
I was in a panic, because we wouldn't be able to replace the vehicle because we'd still have to pay it off for a year and a half.
We turned it over to Geico. They got the truck fixed for us (guess it wasn't totaled after all) and then Geico went after Allstate themselves...even for the deductible so we didn't have to pay that either.
Our rates didn't go up and we got the truck back.
I love those guys! :thumbsup:

[BanzaiBonnie]

43. YEp don't bow to any insurance CO bull

Don't settle for getting screwed when you were the wronged party.

Someone where I worked backed into my car and did some major damageon the side. Her ins. co. wanted to settle for $350.

During the month it took for me to get them to settle the matter they paid for my rental. I had a 20 year old 4WD Subaru. I looked for a car of equal replacement value to compare. I got (a little) help from my state AG office (Christine Gregoire) in understanding the law. The law is they can get away with whatever you let them to get away with.

After a month of wrangling with a real A-hole who tried several tactics, everythign from "nicing" me to trying to belittle me by saying that I was one of those people who were just out to get something I didn't deserve... Well, I outlasted him. They fully repaired the damage to my car.

That was all I wanted!

[thebaghwan]

45. As a paralegal, I cannot give you legal advice but I can relate my own

experience. Some years ago I was in a small accident. A friend who is an attorney said when they make you an offer call me and I will tell you if it is OK. So they offered me $400 and I called him and he said I will call them for you and call you back. Ten minutes later hecalled me and said they are now offering $3200. Any questions about gett an attorney?