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Questions About Auto Insurance & Accidents



  • oldharryoldharry Posts: 413
    If your insurance company can recover their loses from the other company, and they will try, they will refund your deductible. If they recover most of their loses, they will refund some of your deductible. If they the amount they cannot recover is an amount equal or greater than your deductible, your stuck.

    Whether the other company can be charged for the rental depends on the laws of your state. Your agent can fill you in on the details.

    If my insurance company ever collects the whole claim from the dead beat that hit me, I'll get my deductible back. I think, I have a better chance of seeing pigs fly.

  • kinleykinley Posts: 854
    You can file a claim for your collision damage with your company and that doesn't prevent you from filing a claim with the "at fault company" for loss of use,(rental expense) diminished value, & bodily injury. If anyone "involved" in the crash hasn't insurance, the state will have their license until they get a release signed by you and you won't sign for that until you are made whole. (It's cheaper to get your release than to buy expensive insurance requiring an SR22)
  • mistralmistral Posts: 4
    Thanks so much for the replies. Should I contact my insurance to file a claim with the other company or should I contact that company directly?
  • oldharryoldharry Posts: 413
    But I would ask my agent. Answering your questions is one of the reasons he continues to collect commisions on your premiums.

  • PAmanPAman Posts: 207
    I've been insured by USAA since 1985. You wouldn't believe how the company has changed.

    Late last year, they laid off several hundred of their older, more experienced workers here at their San Antonio headquarters. When, as one of their clients, I call to handle an insurance matter, rarely do I initially get anyone on the phone that sounds as if they are older than 22. While I am not knocking young people, I am complaining about the lack of EXPERIENCE. Often when handling a claim matter, I have to tell the 'customer service' operator how to proceed.

    I've also had more than one company tell me that USAA is trying to pay as little as possilbe on auto and homeowner claims. They have been hit hard with huge losses for hurricanes, hail, floods (auto claims only), fire and other weather-related disasters. In addition, they have recently paid huge fines to the Texas Attorney General for practicies found to be illegal, and they just lost a huge claim against the state of Texas to have about $200 million in property taxes refunded to them.

    Recently, my son rear-ended a pick-up truck during rush hour traffic. He hit a barricade on his right, and a plastic orange drum on his left when his car turned sideways during the skid. When he filed his claim with USAA, they claimed he had three seperate accidents because of the bumper damage, left front fender damage, and right side of car damage. I'm pursuing a Freedom Of Information Act request with the state of Texas to prove the barricades were present at the time, and then will have to go back and argue further with USAA.

    When dealing with USAA, be careful what you say (they keep trying to use part of my son's recorded statement against him) and get a complete detailed police report showing ALL traffic conditions and obstacles present at the time of the event. USAA is clearly looking for every penny they can scrape or save in order to pay for huge losses.

    Here's some links to sites detailing their financial losses:
  • alexb757alexb757 Posts: 6
    Amen to that.
    We got rear-ended by a young (under 21), female driver, who was impatient in slow moving traffic. Unfortunately for us, she was insured (thru her mother & out-of-state)with USAA. The police report clearly put her @ fault on two counts & she also admitted liability (she could have hardly done otherwise).
    Initially, we went with her carrier, USAA. They jerked us around big time. I did not even know where my car was for 3 days, they did not answer or return phone calls & to top it all, had a long-standing feud with the body shop I had originally chosen for repairs.
    Long story short, we switched back to our own ins. carrier, Liberty Mutual & also one of their "approved" body shops which I visited in person & spoke w/the manager for 45 mins. I saw our vehicle partially disassembled & was given a detailed description on how & why the repairs would be carried out. I am reasonably satisfied they will do a good job & the settlement will be equitable. This is what I call customer service.
    This was my first experience w/USAA & all I can say is that they were VERY, VERY unprofessional in their handling of the claim & wanted to settle for the least-cost option & asap. Very little feedback & no explanations, just lots of paperwork to sign. We even got a check in the mail from them before we switched...maybe I'll cash it for diminished value, pain & suffering - no, only kidding!I would not stoop as low as them but they may be getting a letter from the state insurance commission.
  • kinleykinley Posts: 854
    The more than one company agent who provides choices of companies.
  • alexb757alexb757 Posts: 6
    kinley - not sure what you mean here.
    I'm perfectly happy with my OWN carrier who has taken over the claim. It is w/the other party's namely, USAA, that we have had nothing but problems. Prob because we are third party claimants & even though we are the innocent party in this, they are extremely reluctant to settle fairly. Why is this? It is an open-and-shut case. Their policyholder was at-fault & they should be accountable & deal with the claim in a professional manner. Is this not what insurance is supposed to be about? You pays your premium & they take the risk that @ some point in time they might have to pay out on a claim. It is my understanding that USAA adjustors are instructed to settle for the least amount they can get away with in order to make up for their losses.
    On a slightly different note, how should we claim our $500 deductible, car rental plus out-of-pocket medical expenses on this? Should we just get Liberty Mutual to subrogate (how long would that take?)? Should we claim directly w/USAA (based on past performance, they would prob ignore us)? Or should we get our lawyer to send a nice little letter? The vehicle in question is being repaired & should be back on the road by early July.
    By the way, it is VERY clear from sharing the various posts & our own experiences, that not all insurance companies are the same. The biggest difference is customer service IMHO.
  • kinleykinley Posts: 854
    that by excercising their system, they will successfully wear out your patience enabling them to settle on their time and terms? Look to your insurance agent for help unless you bought direct and if so, seek help from one customer service representative. It's your vehicle, you have it repaired at the shop of your choice using factory parts & paint matched perfectly. Meanwhile rent a comparable car for your personal transportation. (If your Lincoln is in the shop, rent another Lincoln, not a Fucus) Don't let the adverse driver's insurance company's adjuster be in control. He should be supportive of your needs. If they want to save money, they should have better underwriting practices and not accept just anybody who's been an officer in the military. When you make a claim under your policy, then your company subrogates against the other for expenses you cited including the deductible. The amount of deductible is proportional to the extent of the settlement of repairing the vehicle. If subrogation only gets 90%, you only get 90% of the deductible back. If you have evidence to the effect that USAA is not bargaining "in good faith", a lawyer will be necessary to correct them. Good luck.
  • I was recently involved in a fairly serious accident. At an uncontrolled intersection I attempted to make a left turn--the vehicle coming toward my had his right signal on. When I had already started to turn left I realized he had passed the cutout to make a right turn and was going straight. We collided head on. I think my car might be declared a wreck even though it is fairly new ('98 Sable) and w/decent mileage. Both airbags deployed, the windsheild was cracked, the bumper needs to be replaced along w/one head light unit and the hood. I also think the radiator was punctured bc when I went to the towing company's lot today there was fluid leaking over both front tires. In addition to this damage the front quarter panels seem damaged and I think one of the front wheels is bent. The KBB Retail Value for the car is about $11,800. The KBB Trade in Value is about $8,000. I am assuming the "Fair Retail/Market Value" will be somewhere in the vicinity of $9,500. Assuming this is the case will the car be totaled? If so how long does it take for me to receive the check? I almost hope they declare the car a wreck bc I have heard horror stories about cars that never run right after being involved in a serious accident. But at the same time I would not be looking forward to waiting for a check to arrive and searching around for another Sable. Any response would be greatly appreciated.
  • kinleykinley Posts: 854
    What is the salvage value? You are making claim under your own policy are you not? "Within a reasonable period of time" to settle with you could be up to three months. Sorry you were faked out by a turn signal.
  • Just spoke w/adjustor today--someone will examine the damage tomorrow and they should have a decision by Monday. She also said if they decide to total it I will receive a credit for MA sales tax--I hadn't even thought about that. My only concern is how much $ I would receive for the car--I kept my car in flawless condition (well not anymore...) and it was fully loaded. Well all I can do is hope for the best...
  • kinleykinley Posts: 854
    If it is totaled.
  • alexb757alexb757 Posts: 6
    As the innocent party (got rear-ended)in an auto accident, my car has been repaired and is back on the road.
    Prior to any work being done on it, I switched from the other party's carrier to our own for a variety of reasons. I am happy with the repair work but by going with my own ins. carrier, have had to swallow our $500 deductible, plus I have a small (<$50) car rental claim as our only covered $15/day.
    When I asked my insurance they said that they will subrogate our deductible but we can claim any other out-of-pocket expenses directly with the other insurance company.
    My question is this: how long will this subrogation normally take & can I expect to get all of my deductible back?
    I should add that the original estimate was for $200 MORE than by going with my own shop/ and we did not rent a car for the whole time that ours was off the road. Thus, in the final analysis we actually saved the guilty-party's insurance company some money. I think most people would consider these very reasonable expenses & we do have receipts , of course.
  • kinleykinley Posts: 854
    Present the car rental bill and any other accident related bill to the adverse carrier as well.
  • Kirstie_HKirstie_H Posts: 11,042
    A reporter is looking to interview an accident survivor who was injured because he/she wore his/her seat belt the wrong way, and a back seat rider who didn't wear a seat belt and then injured riders who were wearing theirs. Responses from New England are particularly welcome. Please respond to by Thursday, July 25 with basic details if you have a story to share.


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  • sjg35sjg35 Posts: 18
    mia, i read this column w some interest since i just had an accident w a progressive driver who admitted fault in the accident. i have been dealing w the progressive adjustor who has been v helpful although we are at a crossroads in that the extent of damage of my infiniti g35 was more than initially estimated approx $6500 now more like $12-15000 b/c ripples and bends seen across the frame where car was hit in back door and rear panel. now i am hoping they will "total" car. it was only a month old and perhaps with 1000 miles. she wants to see my bill of sale(i had trade in and a billing statement for new g35). she states it is v hard to get parts for new model and harder to make estimates since experience is so low. although i am not dealing w a progressive repair shop, they have a good and honest reputation, and had to call the adjustor out again after they dismantled the outer damage and took out the rear seats. any helpful comments or advice?
    i sustained only minor injuries(will not pursue, nor will i pursue "diminished value" if they decide to repair since this is not recognized in the state of florida). rumor is that progressive is "tight" but i think they have been responsive and thus far, fair in my estimation.
  • kinleykinley Posts: 854
    you got. That would tempt her to duplicate the price shown for the new one and without a trade it may not be possible to get such a deal again.
    Deduct 10 cents a mile and that is the extent of wear and tear on your new g35. Shop for a replacement ASAP and Good Luck.
  • im_brentwoodim_brentwood Posts: 4,883
    Tell her to look up MSRP on a new one... those are selling, nationwide, for an average of $280 off of MSRP at the moment (I.E. most places they go at full pop).

    If it is fixed, I would also want about $4,000 in compensation for diminished value.

  • sjg35sjg35 Posts: 18
    in reply to above, unfortunately inherent diminished value as a concept was ruled invalid by the florida supreme court in june. if only i had the accident a few miles north of here in georgia where they do reimburse for diminished value.

    the infiniti dealer will sell me a new g35 at the same price i bought the original. i don't know how i would get around not giving copy of bill of sale to the adjustor when she specifically asked for it. i don't want to make a profit off of this affair, but neither do i want to be in the hole for something that wasn't my fault.

    the salesman at infiniti did try to show me current showroom g35s w more options, intriguing??

    thanks for the comments.
  • im_brentwoodim_brentwood Posts: 4,883

    I'm in FLorida. I'd say then sue the guy that hit ya (Assuming you were not at fault) for the diminshed Value. That's the first I have ever heard of it and it STINKS.

  • bolivarbolivar Posts: 2,316
    ..bill include a new clause that says they no longer pay for diminshed value.

    I'm in Oklahoma.
  • kinleykinley Posts: 854
    avoid paying DV under their Liability portion to a 3rd party. DV is as valid as "loss of use" in FL and Jeb should know better. Sue em.
  • im_brentwoodim_brentwood Posts: 4,883
    (did I SAY that?) with Kinley.

    SUE them. If you get hit, you DO have DIminished Value. Try to trade that G35 in to me with paintwork all over it, and I can assure you that we will wholesale it and the car will take a beating. Ergo, its' value is lower.

    Sue them if you have to...

  • sjg35sjg35 Posts: 18
    i agree with the concept of diminished value(inherent), but it is null and void as a legal concept in the state of florida. i have already discussed with an attorney familiar with recent ruling.
    i think progressive will probably try to fix the damage since this is most likely the most cost-effective measure. i would like a new car, but i don't think they will be that generous.
  • im_brentwoodim_brentwood Posts: 4,883
    I must call my atty on this one in the morning.

    This is NUTS
  • sjg35sjg35 Posts: 18
    progressive made a decision to "total" the car, but i am probably out $1000 for 2 mos use and 3000 miles. if i buy at the same price, i would be paying over msrp for a new vehicle. is this fair??? i understand that the vehicle has depreciated, but i suffer a loss in an accident that wasn't my fault.
  • CarMan@EdmundsCarMan@Edmunds Posts: 38,515
    That's great, sjg35. Even though it is terrible that you were in such a bad accident, having your car totaled is much much better than having extensive repairs done on it without any compensation for diminished value. Thanks for taking the time to keep us all informed. Are you going to get another G35?

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  • sjg35sjg35 Posts: 18
    i think progressive did a pretty good job in resloving this accident. i went to the dealer yesterday and he was unwilling to negotiate a lower price for me, though he was willing to go with the price he sold the car to me originally(about $7-800 off msrp). i can tool around in my miata a little, see what the new honda accord and z car looks like, try the rsx-s again, but still leaning towards purchase of g car. i don't think i can wait for the rx8...styling just doesn't grab me.
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