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Questions About Auto Insurance and Accidents

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Comments

  • You can just withdraw the claim, presuming a) the insurance laws in your state don't say otherwise; and b) that you haven't cashed the settlement check yet. It's best to do this in writing. That way you have everything you said in writing. Keep in mind that the record of the accident doesn't go away even though you withdraw the claim.
    I'm in Los Angeles, CA. They already sent me the forms for the DMV and I've sent them in. I asked my insurance that today and they said that it would still be considered a salvage and they are also telling me that the DMV may not even pass the car. I feel I'm being totally ripped off. They said that they will get a second opinion on the car and then come up with the final amount. 
  • thecardoc3thecardoc3 Posts: 5,137
    Once a car reaches a given age and mileage owners would be wise to consider dropping the collision coverage anyway. An example would be my 94 Ford Ranger. It would have been considered totaled with about $4000 damage once it was ten years old. By dropping the collision I've saved way more than that in the premiums over the years.
  • Mr_ShiftrightMr_Shiftright Sonoma, CaliforniaPosts: 64,490
    georgik said:



    You can just withdraw the claim, presuming a) the insurance laws in your state don't say otherwise; and b) that you haven't cashed the settlement check yet.

    It's best to do this in writing. That way you have everything you said in writing.

    Keep in mind that the record of the accident doesn't go away even though you withdraw the claim.



    I'm in Los Angeles, CA. They already sent me the forms for the DMV and I've sent them in. I asked my insurance that today and they said that it would still be considered a salvage and they are also telling me that the DMV may not even pass the car. I feel I'm being totally ripped off. They said that they will get a second opinion on the car and then come up with the final amount. 

    Don't listen to them. Get the straight scoop. Call your California Department of Insurance, Address: 300 Capitol Mall Ste 1700, Sacramento, CA 95814
    Phone: (800) 967-9331

    You can file a complaint with them if you wish, or at least get advice on what to do next.

  • andres3andres3 Southern CAPosts: 11,089

    georgik said:



    You can just withdraw the claim, presuming a) the insurance laws in your state don't say otherwise; and b) that you haven't cashed the settlement check yet.

    It's best to do this in writing. That way you have everything you said in writing.

    Keep in mind that the record of the accident doesn't go away even though you withdraw the claim.



    I'm in Los Angeles, CA. They already sent me the forms for the DMV and I've sent them in. I asked my insurance that today and they said that it would still be considered a salvage and they are also telling me that the DMV may not even pass the car. I feel I'm being totally ripped off. They said that they will get a second opinion on the car and then come up with the final amount. 
    Don't listen to them. Get the straight scoop. Call your California Department of Insurance, Address: 300 Capitol Mall Ste 1700, Sacramento, CA 95814
    Phone: (800) 967-9331

    You can file a complaint with them if you wish, or at least get advice on what to do next.



    In my experience the Dept. of Insurance for the State of CA is toothless, but follow the advice and do it anyways. Perhaps they have "inside" fines levied that they don't tell you about.
    '16 Audi TTS quattro 2.0T, '15 Audi A4 quattro 2.0T, '19 VW Tiguan SEL 4-Motion AWD
  • Mr_ShiftrightMr_Shiftright Sonoma, CaliforniaPosts: 64,490
    Well, toothless or not, they know the laws and regs, and you can file a formal complaint--which does annoy insurance companies, as they have to respond to it. They also have to conform to the California Fair Settlement Practice Regulations, which have legal weight.

    http://www.insurance.ca.gov/01-consumers/130-laws-regs-hearings/05-CCR/fair-claims-regs.cfm

  • andres3andres3 Southern CAPosts: 11,089
    Only companies that like being unresponsive (Bristol West) would be annoyed by having to respond to a formal letter. :smile: Fortunately, not all companies force you to form a formal complaint with the State to follow the laws and regulations.
    '16 Audi TTS quattro 2.0T, '15 Audi A4 quattro 2.0T, '19 VW Tiguan SEL 4-Motion AWD
  • isellhondasisellhondas Issaquah WashingtonPosts: 20,225
    georgik said:

    My car is 20yrs old. I recently got in a bumper accident. There is only damage to the bumper and light cap but because of a small nitch in the hood the damage went up to more than what they say the car is worth and they want to total my car or I can get it fixed and it will be a salvage. Had I known all this I would never have tried to claim on my insurance, not worried about the tiny damage to the hood and just had the bumper fixed for about $200. My car is a 98 mustang convertible with less than two hundred thousand miles but because over the yrs my car has acquired some scratches and some damage to the hood they said something about only paying me $1000. They are robbing my car and I don't know what to do about it. Any advice would help thanks!

    I would take detailed photos of the damage so you can show them to a prospective buyer when you sell the car. On a 20 year old car a lot of buyers won't care about a Salvage Title. You can also take Mr. S's advice and withdraw the claim and pay to fix it yourself. It'll probably show up on a Car Fax but on a car like yours most people won't care.
  • u2jrmwu2jrmw Posts: 14
    Let's say someone backed into a tree and caused some damage to a vehicle.

    Deductible is $500

    Cost for dent repair is $1600

    No prior violations or claims on insurance. 2 car household.

    Question 1: Is it better to pay out of pocket, or make a claim?

    Question 2: Let's say there was $1000 additional cosmetic damage in the accident that the person wouldn't pay out of pocket. IF the answer to question 1 was yes, is there any disadvantage to throwing in the additional damage on the claim?

    Thanks for any insight.
  • Mr_ShiftrightMr_Shiftright Sonoma, CaliforniaPosts: 64,490
    edited February 2018
    I don't think there's too much risk in getting premiums jacked up, because this is a comprehensive claim, not a collision claim. Still, if it were me, I'd probably pay out of pocket because I hit the tree, it didn't hit me. :p

    EDIT: I'm wrong about this---see below
  • kyfdxkyfdx Posts: 134,706
    I think that’s a collision claim. If you are driving, and strike an object, that’s collision. If you were cutting a branch off the tree and it landed on your car, that’s comprehensive.

    Did you get a good deal? Be sure to come back and share!

    Edmunds Moderator

  • Mr_ShiftrightMr_Shiftright Sonoma, CaliforniaPosts: 64,490
    You're right, come to think of it. If it fell on the car during a wind storm, that would be a comp claim.

    OK, in that case, don't file a claim for that small amount, is my advice.
  • Sandman6472Sandman6472 Coral Springs, FLPosts: 4,988
    Not sure how long an accident shows up on the Carfax but honestly, if selling mine, I would be up front about the accident that it recently went through. It would be fraudulant to not even mention it even though the other party didn't even ask about it. Couldn't live with myself if I kept quiet about this only for them to find out later in a newer Carfax report. Have Have a hard time lying really and once a lie is told, it just snowballs until it's so out of control no one even knows the truth anymore. That just ain't me!! Was always taught "honesty is the best policy" and it stuck.
    So going forward, should be interesting where this all will lead in a few months!! Have no clue actually!!

    The Sandman :( B)

    2015 Audi A3 (wife) / 2015 Golf TSI (me) / 2019 Chevrolet Cruze Premier RS (daughter #1) / 2008 Hyundai Accent GLS (daughter #2)

  • andres3andres3 Southern CAPosts: 11,089
    So I additionally insured my big brake kit. Mainly, because if something happened in the next year or two, I'd be very sad.

    A lot of the parts are wear items, like the rotors and pads, but when they are new they don't have much wear! Also, there are non-wear items, like the calipers and stainless steel brake lines.

    I wonder how steep the depreciation curve is for wear items when it's time for an Insurance company to pay a claim?

    '16 Audi TTS quattro 2.0T, '15 Audi A4 quattro 2.0T, '19 VW Tiguan SEL 4-Motion AWD
  • Mr_ShiftrightMr_Shiftright Sonoma, CaliforniaPosts: 64,490
    edited April 2018
    It's pretty severe, probably 50 to 75%, if you mean "betterment" items & accessories. Otherwise, wear on the car is taken as a whole, and the entire car is depreciated as necessary, by "the book".
  • I just want to know if I give car to my friend and if he gets an accident still I will claim my insurance?
  • kyfdxkyfdx Posts: 134,706

    I just want to know if I give car to my friend and if he gets an accident still I will claim my insurance?

    Yes.. any accident your friend has, while driving your vehicle, will be claimed on your insurance

    Did you get a good deal? Be sure to come back and share!

    Edmunds Moderator

  • Mr_ShiftrightMr_Shiftright Sonoma, CaliforniaPosts: 64,490
    I had a peculiar situation come up.

    Someone wants to fight the insurance company on the payoff amount on a total loss.

    The peculiar part is that this is on a lease car, and the owner has gap insurance. Why would he care if the insurance company paid out a little less than he thought the car was worth?

    I'm not getting this. Seems like all he would gain by fighting for a higher payout is to save the gap insurance people some money. He's made whole no matter what, right?

  • kyfdxkyfdx Posts: 134,706
    Unless he thinks the value is higher than the payoff? Maybe, he made a big CAP reduction at lease inception, and thinks his insurance will give him any excess amount over the payoff? (Slim chance)

    Did you get a good deal? Be sure to come back and share!

    Edmunds Moderator

  • Mr_ShiftrightMr_Shiftright Sonoma, CaliforniaPosts: 64,490
    Oh I thought of that. But really, on a 2017 car, how could the value be higher than the payoff on a lease?

    As you say, maybe he put down some enormous CAP reduction, which on a 2017 Jaguar would be extremely dumb--especially as it was a base model XE, which isn't that rich a lease anyway.

    Nonetheless, even if he did put a large down on the lease, I wonder why he would think he's getting "screwed" by the insurance company?

    Ah, humans.
  • andres3andres3 Southern CAPosts: 11,089

    Oh I thought of that. But really, on a 2017 car, how could the value be higher than the payoff on a lease?

    As you say, maybe he put down some enormous CAP reduction, which on a 2017 Jaguar would be extremely dumb--especially as it was a base model XE, which isn't that rich a lease anyway.

    Nonetheless, even if he did put a large down on the lease, I wonder why he would think he's getting "screwed" by the insurance company?

    Ah, humans.

    Well, is it a low ball offer? Maybe they are a person of principles.

    Probably just don't understand and realize how GAP insurance works though.
    '16 Audi TTS quattro 2.0T, '15 Audi A4 quattro 2.0T, '19 VW Tiguan SEL 4-Motion AWD
  • Mr_ShiftrightMr_Shiftright Sonoma, CaliforniaPosts: 64,490
    `Pretty straightforward I think, although there are different regulations in different states. Also I think you pay the GAP premium up front. Some policies cover deductibles, too, but some don't.

    I would think that anyone who is on a longterm, low down payment loan would take GAP.
  • kyfdxkyfdx Posts: 134,706
    I wouldn’t buy GAP on a purchase. That’s an extra cost, and I would rather bear the risk, myself. Most leases include GAP at no extra charge. An entirely different scenario.

    Did you get a good deal? Be sure to come back and share!

    Edmunds Moderator

  • Sandman6472Sandman6472 Coral Springs, FLPosts: 4,988
    Heard back about my D V case, $2500.00 D V is what the appraiser said when all done. Now after the lawyers get their cut, we'll see but I'll take whatever I can get. Any professional can see there was major damage/paint work, though any layman like me and you, couldn't tell much at all. Little things I can tell but not enough to make me want to swap out yet but haven't found a compelling enough vehicle to trade for yet. Now, once I do find "the one", it'll be a slam dunk. But until then, staying the course and keeping the Golf but will get the brakes checked and fixed if necessary as I do need a vehicle to drive daily, or when I do drive. Since May 1st though, have only driven about 20 miles total and the desire just ain't there. Suppose once the vertigo goes away for good, that desire will come back. Until then, am o k just not getting behind the wheel much, at all! More hassle than it's worth actually. Guess that driving desire ain't back yet. But put me in the right vehicle, and I'm there. Right now, that vehicle continues to be my VW Golf...still!!

    The Sandman :( B)

    2015 Audi A3 (wife) / 2015 Golf TSI (me) / 2019 Chevrolet Cruze Premier RS (daughter #1) / 2008 Hyundai Accent GLS (daughter #2)

  • Mr_ShiftrightMr_Shiftright Sonoma, CaliforniaPosts: 64,490
    kyfdx said:

    I wouldn’t buy GAP on a purchase. That’s an extra cost, and I would rather bear the risk, myself. Most leases include GAP at no extra charge. An entirely different scenario.

    Depends on the purchase. If you bought a Maserati on an 84 month loan with little down you'd be so far upside down in 2 years, you'd choke if you had to pay up on the difference.
  • kyfdxkyfdx Posts: 134,706

    kyfdx said:

    I wouldn’t buy GAP on a purchase. That’s an extra cost, and I would rather bear the risk, myself. Most leases include GAP at no extra charge. An entirely different scenario.

    Depends on the purchase. If you bought a Maserati on an 84 month loan with little down you'd be so far upside down in 2 years, you'd choke if you had to pay up on the difference.
    Of course, being financially savvy, I wouldn't do that in the first place. GAP insurance can't fix stupidity.

    Did you get a good deal? Be sure to come back and share!

    Edmunds Moderator

  • Mr_ShiftrightMr_Shiftright Sonoma, CaliforniaPosts: 64,490
    You'd be amazed, in my appraisal work, how many people I have to deal with who are utterly flabbergasted that the total payoff on their car doesn't equal their loan amount. "But...but....I just bought it 6 months ago!"

    They should teach basic financial management in every high school in America.
  • Sandman6472Sandman6472 Coral Springs, FLPosts: 4,988
    I’m just hoping I win my D V case and the other company does end up paying me back. Totally not my fault and feel like I should be put back where I was before it all happened. Feel like I really need to win to be honest because sometimes the average guy has got to come out on top! Add to that my recent illness in May, very painful and still suffering some of the effects, and just want to be happy again. Maybe that’s why winning this iPhone 8 Plus bid means so much right now...I want and need something positive in my life no matter how small. Just want to give myself something and get no hassle about it, no critique or critisizm, just a, “well, enjoy it and be happy” and move on!
    Just want to get better, have no more pain or dizziness and be happy again in my life!! Is that too much to ask?..

    The Sandman :) B)

    2015 Audi A3 (wife) / 2015 Golf TSI (me) / 2019 Chevrolet Cruze Premier RS (daughter #1) / 2008 Hyundai Accent GLS (daughter #2)

  • andres3andres3 Southern CAPosts: 11,089

    You'd be amazed, in my appraisal work, how many people I have to deal with who are utterly flabbergasted that the total payoff on their car doesn't equal their loan amount. "But...but....I just bought it 6 months ago!"

    They should teach basic financial management in every high school in America.

    Somebody was able to run up an Audi A3 3-year lease up to over $600/month, and worse, wanted to find another sucker to "take it over."

    Someone suggested that they report a sex crime for getting the lease payment that high on a lowly A3.
    '16 Audi TTS quattro 2.0T, '15 Audi A4 quattro 2.0T, '19 VW Tiguan SEL 4-Motion AWD
  • Mr_ShiftrightMr_Shiftright Sonoma, CaliforniaPosts: 64,490
    Fortunately, most leases carry GAP, but they don't carry plain language that most people can understand--which of course is the whole point.
  • I'm trying to navigate a relatively small claim, and I was hoping to get some advice. Here are the basic facts of the collision:

    My wife was driving down the aisle of a parking lot, noticed a parked car on the right approximately 1-2 car stalls ahead of her vehicle with its reverse lights on. She came to a complete stop thinking that the other driver would see her and not back out. However, the other driver proceeded to back out of the stall and hit the front bumper of our vehicle, while my wife was at a complete stop.

    In my mind, the other driver is 100% at fault, but his insurance company is claiming that my wife is 30% at fault because she didn't take evasive action or honk her horn. However, my wife stopping her vehicle when she saw his reverse lights to avoid a collision is in fact evasive action, and according to my wife, the other driver backed out so quickly that she didn't have time to process what was happening and honk her horn. Their claim that my wife is 30% at fault seems completely ridiculous to me. If the other driver had hit an unocuppied parked car, would he still be considered only 70% at fault?

    The collision caused approximately $1,000 in damage to our bumper. The other driver's insurance company stated that they will only pay 70% of the claim, and our insurance company isn't disputing the other insurance company's findings. I suspect that my insurance company doesn't care because the claim is small enough that 30% is well below our $1,000 deductible.

    We live in California, and the accident occured in California, so CA law would apply.

    Here are my questions:

    1. Since the other driver didn't dispute the basic facts of the accident as I described them above, does the other insurance company have any legal or reasonable basis for claiming my wife was 30% at fault?

    2. Is our insurance company under any obligation to dispute the other company's findings on our behalf? Or is our insurance company's involvement just a courtesy?

    3. If my insurance company refuses to dispute the other insurance company's findings, what options do I have to get the other insurance company to pay the full claim? Small claims court?
  • kyfdxkyfdx Posts: 134,706
    Not a lawyer.. but...

    You can file a claim with your insurance company, but they aren't obligated to find in your favor. If the other company won't pay, then your insurance company has to cover you, but you'll have to pay the collision deductible for the damage on your vehicle. (which means, no point in filing a claim).

    I'm not familiar with California law, but where I live, they don't apportion blame. One driver is at fault. From your description, even if your wife had parked her car in the lane, and gotten out to clean off her windshield, it's still the other driver's fault.

    I'd start with calling your insurance agent, and asking for advice. It seems they would have a lot of experience, and may be able to help you. Even without you filing a claim. This may just be a BS move on the other company to bully you, and they would know that.

    Did you get a good deal? Be sure to come back and share!

    Edmunds Moderator

  • Thank you, kyfdx! That's kinda what I thought, even though I was hoping I might be able to get more help from my insurance company. I will do what you suggested and see if I can get some free advice from my company.
  • kyfdxkyfdx Posts: 134,706

    Thank you, kyfdx! That's kinda what I thought, even though I was hoping I might be able to get more help from my insurance company. I will do what you suggested and see if I can get some free advice from my company.

    It helps, if you contract through a local agent. If your whole interaction with your insurance company is buying on-line, then independent advice might be lacking.

    Did you get a good deal? Be sure to come back and share!

    Edmunds Moderator

  • Mr_ShiftrightMr_Shiftright Sonoma, CaliforniaPosts: 64,490
    California is not a no-fault state, so the other party is responsible, seems to me.

    This looks like a case of your insurance company not giving you very good service. Generally speaking, when you back into a stationary object, it's your fault.

    What I remember is the "last clear chance" rule--who had the last chance to prevent an accident? That would be the person who hit your wife's car.

  • andres3andres3 Southern CAPosts: 11,089
    I'm hearing of more and more attempts by insurance companies to assign shared blame (not no blame) to accidents that are clearly one parties fault. HOwever, by making it 70/30 or even 99/1, they are making it so they can surcharge 2 parties for having had an accident "at-fault" on their record. It doesn't matter if you are 3% or 100% to blame, you will be surcharged equally.
    '16 Audi TTS quattro 2.0T, '15 Audi A4 quattro 2.0T, '19 VW Tiguan SEL 4-Motion AWD
  • Mr_ShiftrightMr_Shiftright Sonoma, CaliforniaPosts: 64,490
    The poster can always lodge a complaint with California Department of Insurance. This might not result in that Department's intervention, but it might get the attention of the two insurance companies involved. They don't like when you do this.

    http://www.insurance.ca.gov/01-consumers/101-help/index.cfm
  • Thank you for all of the additional information and advice! If they continue to refuse to pay this claim, I will be letting them know that I will file a complaint with the CA Department of Insurance...who knows, maybe that will get them to budge...
  • Sandman6472Sandman6472 Coral Springs, FLPosts: 4,988
    I won my D V case but didn't get the $2500.00 that I asked for. We settled on $2000.00 which was as low as I'd go so glad the other insurance company agreed to it so quickly. In the back of my mind I figured $2000.00 was the most I'd ever get so asking above that got me to where I thought I'd be. Sure, I had to pay the lawyer $666.00 but I knew he'd get 1/3 going in. They also charged me the cost of getting the CarFax report, so another $39.99 but glad I've got it in a pdf now.
    The collision place did a remarkable job of fixing the vehicle and were able to get a new rear door since the old one was so beaten up. Looking at the blended paint, I can't see any difference though am sure a seasoned used car guy will. Drives straight and true, they fixed the bent alloy wheel, and the 4-wheel alignment is spot on straight, a pet peeve of mine.
    So, nor happy about having the accident in the first place, but glad it's fixed properly. Getting my share of the D V claim is also good news. Now, I just need to get my $400.00 deductible paid back as well as the $75.01 rental which came out of my pocket for the extra week needed due to insurance adjuster's ignorance!!

    The Sandman :( B)

    2015 Audi A3 (wife) / 2015 Golf TSI (me) / 2019 Chevrolet Cruze Premier RS (daughter #1) / 2008 Hyundai Accent GLS (daughter #2)

  • Every time I had any auto accident or insurance claims, I go to My Lawyer in the Atlanta Area. He does a great job
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