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Questions About Auto Insurance and Accidents

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  • mark156mark156 Member Posts: 1,915
    Isn't it called a "Carfax"?

    Mark :P
    2010 Land Rover LR4, 2013 Honda CR-V, 2009 Bentley GTC, 1990 MB 500SL, 2001 MB S500, 2007 Lincoln TC, 1964 RR Silver Cloud III, 1995 MB E320 Cab., 2015 Prevost Liberty Coach
  • notyou2notyou2 Member Posts: 35
    Well silly me, :blush: I had been reading over in the dealer forum about all the Carmax junk...now you see why companies defend their names....yes, I meant CarFax.

    Now, I guess I need some more sleep. ;)
  • delmar1delmar1 Member Posts: 744
    Auto insurance have indicated mileage...such as up to 10,000 or 12,000 or 15,000.

    The question I have is....what is the price differential of going from a 10,000 annual mileage to 12,000 mileage??? What if you pierce the limit...do you lose coverage or have difficulties?
  • been_therebeen_there Member Posts: 16
    Hi,
    I have insured my 2002 honda Civic LX coupe (38000 miles) with Farmers. It was in perfect mechanical and body condition just before the accident. On the sides of a 70mph freeway, headlights of a small aircraft (used in dusting over crops) kind of distracted me for a sec or two (it was 9:30 PM and i felt the aircraft is going to run into my car, yes it was that low) and i rear-ended the car infront of me which had slowed down (I suspect because of the same interference). Luckily no one was hurt. My insurance found it to be 100% my fault. The body shop gave an estimate of $9900. My insurance adjuster says that the car value with taxes and all is 14500 and the salvage value according to his online assessment of similar cars is 2300 dollars, thereby making the repairs 2300 short from being it declared totalled. He gave me 2 options. To get it repaired and move on, or to get cach-out option of $9900.

    I have 2 questions at this point:
    1. what option should i choose? I know that even without the accident i wouldn't have fetched 145000 for that car (mayb about 11000, but i will check on it). shall i choose to get cashout and try to sell the car myself to a salvage yard? in that case how can i go about searching for a salvage yard in my area (northern sacramento)? Can't the insurance company declare it totaled if i am ready to bear the 2300 dollars in between?
    2. Is it really my fault that i was distracted by the headlights of an aircraft just by the side (literally) of the freeway at very low height (just over the crop level)? I know its not the fault of the car in front of me, but shouldn't the plane be blamed for it? I don't have the time and energy to go after the plane, but shouldn't insurance company consider this?

    Any advice is welcome as to what i should do at this point.

    thanks.
  • steine13steine13 Member Posts: 2,825
    "I have 2 questions at this point:
    1. what option should i choose? I know that even without the accident i wouldn't have fetched 145000 for that car (mayb about 11000, but i will check on it). shall i choose to get cashout and try to sell the car myself to a salvage yard?"

    The cash-out is probably the way to go.... many times, a body shop will "discover" additional repairs once the thing is apart... they know the drill, and they make -0- if the car is totalled, so they have every incentive to estimate on the low side.

    I agree with your assessment of the car's value. How to sell the wreck? I was in the same situation and got a guy to give me $1,600 on a 5-year-old Sienna LE with 90k miles, and a $6k repair estimate. The car still ran and could "sort of" be driven... but not on a public road. I got to this guy by calling around to salvage auctions, of which there are more than you would have thought... google is your friend, and don't be shy.

    "2. Is it really my fault"
    Yes it is. Even if you are distracted, you are responsible for your car. Now if you had been hit, it'd be different, but the burden of proof would be on you... how low is too low? You might be able to get somewhere with a claim, but I doubt your ins co would back you up, and if you fight it on your own, it'll be more trouble than it's worth...that's my guess anyway.

    -Mathias
  • racingjayracingjay Member Posts: 19
    Need everyone's advice. Last week, my wife had an accident in my Trailblazer, struck the center median at 70 mph. She is alright, however, my Trailblazer did not fare as well. After three days of the bodyshop tearing apart my SUV, they have arrived at $9400 in damages. The complete front end will need replaced, several body panels, and at least 8 hours of frame repair. Of course, the bodyshop does not think it will be totaled. State Farm has yet to rule, however, this is one of their "preferred" shops. It has approximately 35,000 miles, and is the base model LS.

    From my research, this car's ACV should hit somewhere around $13,500. Am I crazy for thinking that the insurance company should total it? With this extensive amount of damages, I really dont know that the auto can be brought back to its original state. If the car is close to being totaled and I offered to accept less of a settlement, would they be more inclined to accept it? Any thoughts?
  • rroyce10rroyce10 Member Posts: 9,332
    ... **the bodyshop tearing apart my SUV, they have arrived at $9400 in damages. The complete front end will need replaced, several body panels, and at least 8 hours of frame repair. Of course, >>> the bodyshop does not think it will be totaled.** ...

    Body shops are in the business to fix/paint and repair vehicles for a profit .. a Large profit I might add -- they're not in the business to say: "Yup, duh it looks pretty bad and it should be totaled Mr Insurance Adjustor" ....

    What usually happens in a situation like this, $9400 turns into $10,5 and with a little time and parts $10,5 turns into $11,500 ... thats why it's really important to be there in the tear-down with the insurance guy ..... frame repair means frame damage and frame damage means it's gonna be worth a whoooole lot less than $13,500 at trade time and it has be declared at the auctions via the dealer, so whats it worth.? .. nobody knows because nobody has seen the final product, plus I'm sure it's on Carsmack by now ..... I wouldn't be accepting nothing less than fair market value, which is in and around the $15,0 figure ---- you don't ask, you don't get..!

    Terry.
  • qbrozenqbrozen Member Posts: 33,736
    I'm sorry to tell you, but it really doesn't matter what the plane was doing. Is it the fault of the people on the side of the road when folks on the highway slow down to "rubberneck" and get into their own accident as a result? Of course not. Same principle here.

    Hey, did you ever see that Seinfeld episode where Kramer gets into an accident because he was looking at the girl walking around in a bra? His lawsuit didn't work, either, by the way. ;)

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • racingjayracingjay Member Posts: 19
    So, here's the new scoop from the insurance company. They valued my car at, are you ready, $19,350 (NADA RETAIL). I bet you that is not the amount they would be offering me. CarFax is still clean, but not for long. Estimated salvage value is $4218.86, which would leave us, according to them, $6000 away from being totaled. The call is in to my agent right now. The body shop has admitted that the claim will likely grow from "hidden" damage. I have already fought the LKQ part issue with them to use new parts if I do sign the authorization to repair, but the chances of this car ever being right will be slim to none. Terry - any thoughts on how to convince my insurance company that this is not worth retail. How many cars have you EVER sold at retail?? Much less ACV??
  • marsha7marsha7 Member Posts: 3,703
    You are right that GA has a diminished value law...outside of here, I have no idea..
  • jimigunnejimigunne Member Posts: 2
    I have insurance on two vehicles, both less than $5K value. The carrier is Geico, I'm in Texas. When my son (who is 18) got licensed to drive, I added him on to my policy. This was an additional $75 a month. With only my wife and I driving, it was $100 a month. My son had agreed that he would pay the additional amount per month out of his Wendys' earnings. He is not living up to the agreement, not making payment until weeks late sometimes. And he is staying out late with the car, until 4 am sometimes, although repeatedly told to be back before midnight....as he has summer school early in the morning. So I decided that his driving priveledge would have to be suspended. Not really for paying late, but for repeatedly violating the rules. I contacted Geico on-line and requested a policy change, dropping my son as a driver. You have to state a reason. Well, the answer was that the change request was denied. The reason they stated was that you can't just drop an additional driver in the family, they won't do it in this case because he is an "active licensed driver". If I could have shown that he had his drivers' license suspended, or he was being picked up on some other (his own) policy, there would be no problem. What it boils down to is that they don't trust a customer to keep the keys out of a dependents' hands. I can see their point, as any customer could just SAY that in order to save $$$$. The lack of trust still galls me, though.
    I told them that I would then be changing insurance carriers.....but they said that it is the same with any auto insur. co. I called around to other auto insur. companies, and asked for rates... but for the same coverage, Geico had the best deal, probably because my wife and I have been with Geico for many years and have a near-perfect record.
    So as it stands, If I suspend his priveledge to drive our cars, then I am going to have to continue paying the higher premium myself, with him listed as a driver. I can't afford that right now.
    So what can I do? This is really screwed-up....if I had known that once added to a policy, a teenager cannot be dropped until he is shown as a driver on another policy, or had his drivers' license revoked, I never would have added him on to ours. I would have told him that he cannot drive until he has his OWN car and his OWN policy.
    Jimigunne
  • mikefm58mikefm58 Member Posts: 2,882
    Go to progressive.com and do an auto quote as you can exclude drivers there. Every state is different though so you may not be able to do that in your state. I am a bit surprised at progressive since I assumed since State Farm couldn't do that it was a state of Florida law.
  • qbrozenqbrozen Member Posts: 33,736
    I'm not sure if its a state thing or insurance company thing or what, but we can't do that here in Jersey, either.

    Even if you never put him on your policy in the first place, it would have caught up with your that there is another licensed driver in the house and they would have demanded proof of his own insurance. My parents went through this very thing with my brother way back when. The company went so far as to threaten dropping my parents altogether if they didn't produce the info they demanded. At the time, my brother wasn't driving, but he HAD to run out and get his own policy so that my parents could keep theirs. Pretty crazy.

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • wency25wency25 Member Posts: 1
    I had a weather related accident last feb. 2005, I'm ok but my car isn't, nobody else got hurt. I called infinity to report my loss and gave me a claim number. Infinity insurance and my adjuster keep avoiding my calls after the accident. After 3 months of constantly calling them to find out what will happen, they told me that my 2003 mazda protege5 is a total loss. My adjuster told me that they will pay off the car($13465) and that i will get $800 back since he send $14000 check to mazda. I called mazda a week after and they told me that they DID NOT received any check as my adjuster told me. Delinquencies have been slamming on my credit due to their negligence :cry: . I kept calling my adjuster and his supervisor but i get no calls from them. The only way i can get hold of him is if i use my fiance' cellphone. He kept telling me that "EVERYTHING'S TAKEN CARE OF" . I finally filed a complaint against them to CALIFORNIA DEPARTMENT OF INSURANCE AND BETTER BUSINESS BUREAU and thats the only time he processed everything and release the check which ISN'T the amount we agreed on. People like them should not be in this business because they are not doing what they are suppose to. :mad: :mad:
  • akanglakangl Member Posts: 3,282
    We learned after my mom hit the moose in her Subaru is its very hard to get a car totalled. The final bill on her Subaru was $9500, the car had a retail value of $14k according to the insurance company, they refused to total. So, she has her car back and its basically worth nothing, but it runs and drives fine so she's happy to drive it into the ground.
  • mikefm58mikefm58 Member Posts: 2,882
    I've never heard of Infinity insurance, but sometimes the cheapest quote isn't the best one. You shouldn't have ruined your credit due to their problems. I know that sucks but bad credit really is a bad thing.
  • euphoniumeuphonium Member Posts: 3,425
    Your Family Auto Policy is written to provide insurance when owned autos are being driven by members of the family. The terms and conditions even cover a 10 year old sneaking away in the family vehicle. As long as your son is a member resident what is to stop him from physically sneaking away in one of your cars? He should not be excluded as that would be against "Public Policy" as you should not be able to prevent an innocent party from collecting on your insurance. Many states that allow a driver to be excluded have had their Financial Responsibility Law limits apply as a result of court decisions. Thus, the Driver Exclusion Endorsement doesn't hold water in court. For reasons cited above, the extra premium for the son is in order. And if the son surrendered his license, the underwriters would still not lower the premium, because the son is a constant exposure to drive any time he wants to.
  • jimigunnejimigunne Member Posts: 2
    Hmmm.....I am thinking that it is state law here in Texas and that is why Geico said that other ins. companies have the same policy. I seem to recall the agent said it is this way by law. I am not sure how to check if it is indeed state law in Texas. I think Progresive would see from my old Geico policy that there were three drivers listed, and so require me to keep three on the new policy. They could find out even if I didn't produce my old Geico policy, couldn't they?
    The alternative is to get his license suspended, revoked. or taken away temporarily....but that won't happen unless he drives DWI or some serious offense such as that. Anyway, the govt has made it where it is an essential all- purpose ID nowadays, so you can't do that to a son. Got the feeling I am just screwed, and I can't impose the discipline that needs to be imposed.
  • cadillacmikecadillacmike Member Posts: 543
    I'm going to be in the desert for most of the rest of the summer!

    I just hope the house and cars are ok when I get back!
  • cadillacmikecadillacmike Member Posts: 543
    The ins companies ask you for the estimated annual mileage so they can figure your premium. If you tell them 15,000 miles a year it will cost your more than if you tell them 5,000 miles a year. Don't ask how much, i'm not an actuary.

    If you get caught severely "underestimating" annual mileage, they might have a legitimate reason for denying clains in the event of an accident.
  • cadillacmikecadillacmike Member Posts: 543
    I don't think that I could get 145,000 even for my Cadillac!
  • cadillacmikecadillacmike Member Posts: 543
    Where I come from, you are not REQUIRED to have a particular person listed as a operator on your policy...

    BUT...

    If that unlisted person is a regular member of the houseod, and if listing that person would have caused an increse in preium amount, and if that person was in an accident (and it appears that your son is an accident waiting to happen),

    THEN

    The ins company can deny ALL policy benefits, including liability coverage.

    Do you want to lose your house?????
  • augustarqaugustarq Member Posts: 3
    Thanks for the help.
    I was able to check out the car this week, based on your advice.
  • mark156mark156 Member Posts: 1,915
    Honestly, I'm not sure about the insurance situation that you have stated. Either way, you don't have to tell your son that he is "on" the policy. You can make him think that he is NOT on the policy and take the car keys away from him (I'm assuming the car is in your name).

    I was not lucky enough to have my own car when I started driving.... If I wanted my own car, I had to buy it and that's just what I did with the money from my part-time job (two of them during the summer). I was able to get a 5 year old '72 Dodge Charger with 33,000 miles for $1,400. Oh... the good ole days! :cry:

    Good luck, Mark
    2010 Land Rover LR4, 2013 Honda CR-V, 2009 Bentley GTC, 1990 MB 500SL, 2001 MB S500, 2007 Lincoln TC, 1964 RR Silver Cloud III, 1995 MB E320 Cab., 2015 Prevost Liberty Coach
  • gregjohnsongregjohnson Member Posts: 117
    > . For reasons cited above, the extra premium for the son is in order.

    Negatory, good buddy.

    My vehicle is at risk of being stolen at any moment, yet I am not required to insure potential thieves. Nor should I be.

    My potential biological relation to the hypothetical thief is correspondingly immaterial for purposes of liability coverage.

    You'll get marginally further on a collision/comprehensive argument, but you need to re-think your position from the ground up.

    -Greg

    BTW, Where did this "Family" auto policy reference come from? I'm not familiar at all with that term.
  • gregjohnsongregjohnson Member Posts: 117
    > I am thinking that it is state law here in Texas and that is why Geico said that other ins. . companies have the same policy. I seem to recall the agent said it is this way by law.

    I'd question this - attorneys routinely insert indefensible language in an attempt to bluff counterparties. They know they'd get laughed out of court if it ever came to that, but if you don't know any better you might just go away without a fight.

    I'm about to post something along a similar line, perhaps we can get some answers together.

    >Got the feeling I am just screwed, and I can't impose the discipline that needs to be imposed.

    These are the same people who want to hold you responsible for his malfeasance. Oh, and don't count on a "serious offense" resulting in a suspended license. The State is in it for the traffic fines as much as the Ins. Co. They're much more likely to fine you heavily and slap his wrist.

    -Greg
  • gregjohnsongregjohnson Member Posts: 117
    > If that unlisted person is a regular member of the houseod...The ins company can deny ALL policy benefits, including liability

    So what you're saying is my spouse/child/roommate has a legally sanctioned right to steal my car at my risk?

    I find this... Unpersuasive.

    More persuasive is that the insurance industry created a "right" out of thin air and hard... wishing, perpetuated by FUD that would make Microsoft blush.

    -Greg
  • mbrzozowmbrzozow Member Posts: 2
    My car was hit in a parking lot last week and it was filed under a collision claim with AAA. The day after I got it fixed it was keyed 2 or 3 times headlight to taillight. I obviously want to get this fixed under comprehensive, but i'm assuming with 2 claims in one week, even though I had nothing to do with these incidents my rates will be raised. Is there anything I can do except take the hit and repair it myself?
  • qbrozenqbrozen Member Posts: 33,736
    I'd question this - attorneys routinely insert indefensible language in an attempt to bluff counterparties. They know they'd get laughed out of court if it ever came to that, but if you don't know any better you might just go away without a fight.

    I'm not sure what you are getting at. Are you trying to say that this is all arguable? Because you'd be wrong. Insurance companies are private companies and, if you don't like their rules, you can either leave or they can dump your business.

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • delangedelange Member Posts: 42
    Is there any reason the other drivers in either case aren't paying, if it wasn't your fault?
  • mbrzozowmbrzozow Member Posts: 2
    It was a hit and run, I have no idea who actually hit the car.
  • euphoniumeuphonium Member Posts: 3,425
    There are three auto policies marketed by many companies.
    (1) Standard Auto Policy
    (2) Special Auto Policy
    (3) Family Auto Policy

    1 = narrowest terms and conditions
    2 = a little broader in physical damage
    3 = the most liberal & broad policy

    Under the FAP, all residents of the household are automatically covered. Hence, as the youthful male driver is an occupant of the residence he is covered. When the company underwriter is aware of his being an "exposure" to driving, the premium for that exposure is rightfully due.

    Liability insurance does not cover thieves of the vehicle.

    I'm not rethinking from the ground up, just presenting the way it is. All you have to do is submit to the insurance system and pay your premiums. :)

    BTW, Where did this term "Negatory" come from? :confuse:
  • samirssamirs Member Posts: 3
  • samirssamirs Member Posts: 3
    2001 Acura MDX was in an accident with extensive damage to the front end.
    engine and tranny seem to be fine but engine mounts broken, frame bent, everything in front of the engine is smashed up. Adjuster estimated $14500 with out the teardown. Expect a few grand more after the tear down.
    Given the extensive damage, I would rather take the money and buy a used MDX then fix this one.
    Any advice on
    1) whats the criterion for Geico to total a car?
    2) can i work withthe adjuster to take a few grand less but have it totalled rather then fixed

    thanks
    samir
  • gregjohnsongregjohnson Member Posts: 117
    >I'd question this - attorneys routinely insert indefensible language in an
    >Are you trying to say that this is all arguable? Because you'd be wrong.

    Yup, that's exactly what I'm saying. You can put anything you want into a contract, and attorneys often do. Whether that contract holds up is not nearly as clear-cut as you might think, particularly in civil cases where the standard is usually "preponderance of the evidence", which is legalese for "Pick a side". I'll grant you insurance companies go to impressive lengths to write ironclad contracts and build a caselaw history to force the issue out of a jury's scope, but they still lose now and again.

    > Insurance companies are private companies and, if you don't like their rules
    >, you can either leave or they can dump your business.

    Well, yes and no. If you're talking comprehensive/collision, there's no question that they are entirely civil, strictly contractual. Since most folks owe on their rides, and banks won't lend w/o full coverage, I can see where it would feel like these are the same as liability, but they aren't.

    Liability coverage is legislatively mandated - not carrying the minimum is a criminal offense, which means that if you push the issue far enough they will kill you over it. Yes, yes, by then it's escalated well beyond insurance into resisting/eluding arrest, etc. etc. But it still started with insurance.

    In order to mandate that people carry insurance the state must mandate that insurers write the coverage, albeit at premiums that would make a loan shark blush. Nothing consensual on either side at this point.

    Anyway, back to the original point - contracts of any sort happen against a backdrop of litigation, making any given clause more or less likely that it will stand up in court. I don't like this, I'm an IT guy. We like black & white, and a hundred million shades of grey just isn't my thing. When I get elected god, I'll change all that ;)

    -Greg
  • gregjohnsongregjohnson Member Posts: 117
    It was a hit and run, I have no idea who actually hit the car.

    I am neither an attorney nor an insurance agent, but this feels like an uninsured motorist claim against your policy. (At least that's how my mom's hit&run ended up 10 years ago)

    -Greg
  • gregjohnsongregjohnson Member Posts: 117
    There are three auto policies marketed by many companies.
    Ok, kind of like the HO* homeowner's forms.

    When the company underwriter is aware of his being an "exposure" to driving, the premium for that exposure is rightfully due.

    See, this is where the "Negatory"[1] part comes in. If anyone, family member or not, takes the vehicle without the owner's consent, it is theft. This, as you quite accurately point out, is statutorily exempt (in Georgia) from coverage. However, a 3rd party's UMBI would cover damages from a stolen vehicle, should said 3rd party choose it carry it.

    Thus, not imposing surcharges for residents who are not authorized to drive a vehicle is clearly not "against public policy". Ergo, as both a practical and philosophical matter the premium in question is most assuredly not "rightfully due". Additionally, what you're basically arguing is that the policy holder is lying or incompetent. If find that quite insulting, and will most assuredly fire any company leveling such an accusation without clear justification.

    Regarding submission to the system, I'm not arguing that one can stop this sort of thing, but rather that it will eventually come to be regarded as a quaint practice of a benighted society who just didn't know any better. Kind of a "flat earth" sort of thing, since I'm trying to avoid citing things like emancipation.

    On the other hand, after several years of contented policyholding I'm really, really aggravated with Geico for just this sort of idiocy at the moment, so I could be a little biased. Maybe.

    Oh, and lest I forget - What if I don't want a "FAP"?

    -Greg

    [1] http://www.urbandictionary.com/define.php?term=negatory&defid=668398
  • justice77justice77 Member Posts: 1
    Hi Mia, I have recently cancelled my insurance with progressive because of this claims foolishness. I had a car accident that resulted from me hitting a pool of water, after a heavy rainstorm, that made me spin out into the trees.. I have comprehensive coverage and they told me that I didn't have collison to cover the damages.. I am 5 minutes from working with my attorney but I was wondering if you know anything that I can say to avoid using one...

    Your help would be greatly appreciated I am a 27 year old single mom and can not afford the repairs to my VW beetle to come out of pockett. The even scarier thing is That I went to a website where the employees actually talk about how the company cheats people out of their money so that they can profit from something called Gainshare...

    Thanks so much for any suggestions that you may have...
  • euphoniumeuphonium Member Posts: 3,425
    "If anyone, family member or not, takes the vehicle without the owner's consent, it is theft." it is not theft when a resident of the household drives w/o the owners consent under the FAP

    UMBI does NOT cover physical damage to the vehicle.

    " If find that quite insulting, and will most assuredly fire any company leveling such an accusation without clear justification."

    Rest assured the state insurance commissioners do not allow underwriting practices "w/o clear justification".

    That you feel insulted is not the intention of providing coverage. Just complete the application, pay the premium, & hope you will never need it.

    Chirp, or get off the twig! :)
  • delangedelange Member Posts: 42
    I feel for you! The trouble you're having is that comprehensive coverage is for acts from an unknown person or Acts of God only. A good example is rain. If your car is just sitting in your driveway, and is hit by a flood, that would probably be covered.

    Collision covers damage caused by you in an accident. If the rain water is in a puddle and you drive into it, then, technically, you are considered at fault (i.e. the rain puddle didn't come to you, you drove into it). Therefore, you would have to have collision coverage for the insurance company to pay for it.

    It doesn't seem fair, but that exactly what happened to me, and I'm sure lots of others on this board. Hopefully, one of the knowledgeable people on here will have some good advice on your getting out of this mess. (or clarifying my explanation if its inaccurate - I work in insurance, but not auto insurance)
  • marsha7marsha7 Member Posts: 3,703
    this comment, "If anyone, family member or not, takes the vehicle without the owner's consent, it is theft."...

    It really is not theft until you report it as stolen...

    In insurance-speak (legal-speak?) the term is usually "non-permissive use", where someone had access to your keys and drove your car without permission...in GA, this is important, because...

    If you drive my car, and cause a wreck, if I tell my insurance that you were a non-permissive user, my insurance company is freed of any obligation to pay for any damages to the driver you just struck and injured...if you, as the nonpermissive user do not have your own liability policy, you will be personally responsible for the damages to the other driver...

    which is another good reason to have uninsured motorist ins...if you are struck by a nonpermissive driver (this definition, BTW, does include stolen vehicles), the only way for you to recover pain and suffering is to claim on your UM policy...

    hate to beat this into the ground, but new examples keep popping up all the time... :shades: :shades:
  • carebear71carebear71 Member Posts: 1
    Hi - new to the board and could sure use some help. We took our truck into an autobody shop to have hail damage repaired on 7/11/05 - on Wednesday, 7/13/05 they had a person from the nondestructive dent repair shop come pick up the truck and take it to their facility to repair the truck. While going to the shop, the man driving the truck wrecked it. It has been 3 weeks TODAY since this happened and we are getting the run around from both places. I finally was firm enough today with the nondestructive dent repair's insurance company that they are at least sending someone out to estimate the damage to the truck. I have several questions and I am hoping someone here can help me.

    1. If they total our truck, should they base payoff on the value of the truck before it was wrecked?

    2. In that value, should the insurance company figure the hail damage was repaired since it was there for that and they wrecked it?

    3. Should we expect payoff if it is more than what they value the truck at?

    4. We do have GAP insurance (we are not telling them this yet) will it kick in and pay the difference IF they do not give us enough to pay off the truck?

    5. Should they pay for tax, tag and license on the new vehichle?

    6. If they DO NOT total the truck, what if any compensation can we get because now our truck is now not worth as much as it was befire *they* wrecked it?

    7. The truck received a lot of front end damage, my husband doesn't want to drive a wrecked truck, what recourse would we have if they choose not to total the truck?

    My husband has also taken off 2 days of work at no pay to try and get things rolling. Between my husband and myself, we have made all the phone calls to get things going and to have the information I feel we should've been kept up to date on.

    Thanks for any help, we are clueless with a lot of questions.

    Kary :mad:
  • gregjohnsongregjohnson Member Posts: 117
    I am neither a lawyer not an insurance agent, but at least one of each reads this board and they should get a good chuckle out of correcting the mis-informatiin I'm about to put below.

    1. If they total our truck, should they base payoff on the value of the truck before it was wrecked?
    This will be actual cash value, or what you could have gotten if you'd sold it.

    2. In that value, should the insurance company figure the hail damage was repaired since it was there for that and they wrecked it?
    Two events, two claims, two amounts. Your hail claim should be paid one way or the other. The wreck was on the way to their shop, value is pre-repair.

    3. Should we expect payoff if it is more than what they value the truck at?
    No.

    4. We do have GAP insurance (we are not telling them this yet) will it kick in and pay the difference IF they do not give us enough to pay off the truck?
    As I understand it this is the only reason this insurance exists. It would bite mightily if it didn't cover this situation.

    5. Should they pay for tax, tag and license on the new vehicle?
    Should, yes. Will, no. I don't know gap well, this might help here.


    6. If they DO NOT total the truck, what if any compensation can we get because now our truck is now not worth as much as it was befire *they* wrecked it?
    Ah, this is "diminished value". I hope you live in Georgia (or a few other states). Most aren't friendly to DV, particularly on the comprehensive/collision front. However, this sounds like a liability claim against the shop's insurer. Unless the shop's repair contract somehow bound you contractually to their insurer, the insurer can't evade liability-based DV claims. This is worth paying a lawyer a few bucks to get an fully informed opinion, because DV can be 10-30%+.

    7. The truck received a lot of front end damage, my husband doesn't want to drive a wrecked truck, what recourse would we have if they choose not to total the truck?

    Sell it.

    Really, you can't force them to total it. There are scenarios where they total it and the policyholder still wants the car so the holder buys the scrap, but I don't recall seeing a way to force a total. If there were, a lot of people would be a lot happier.

    If for some reason you aren't required to release them forever in exchange for any payment at all, don't forget to sue for the difference between what you sell it for and what a comparable vehicle would have gotten. In this unkilely scenario, make sure you are objective and fair when calculating this number, but include all your expenses. You won't get what you don't ask for.
  • gregjohnsongregjohnson Member Posts: 117
    :confuse: Chirp, or get off the twig! :confuse:
  • gregjohnsongregjohnson Member Posts: 117
    it is not theft when a resident of the household drives w/o the owners consent under the FAP
    This may be true in some insurance-industry contractual sense, but if you ever decide to room with me and you take my car without permission you'd best start investing in :surprise: soap-on-a-rope. ;) Too, even if this is true it shouldn't be.

    UMBI does NOT cover physical damage to the vehicle.
    Quite correct, my apologies. Geico lists the UM PD as a 0-cost line item under "UMBI" so I conflate them. My apologies.

    Rest assured the state insurance commissioners do not allow underwriting practices "w/o clear justification".

    The justification I referred to was some specific indication that I was in fact providing materially misleading information. I'm sure the insurance commissioners are all good people doing the best that can be expected with the limited resources at their disposal.

    -Greg
  • cadillacmikecadillacmike Member Posts: 543
    An unrelated roomate, not your brother or sister, etc. would not apply. But a spouse or child living with the "family" aka "household" does. If you don't list them as drivers, and they have an accident in the car that they are not listed on, then goodbye policy benefits. :surprise:

    I didn't say anything about "stealing" a car.

    But,

    Unless you fill out a police report and file charges, then your spouse / child didn't "steal" your car did they? ;)

    As usual marsha beat me to this one.

    "BTW, Where did this term "Negatory" come from? "

    The movie Convoy :P
  • mikefm58mikefm58 Member Posts: 2,882
    Would the child have to be a dependent? Let's say my 28 year old son had to move back home, for whatever reason (hopefully temporarily). Woud I still be required to notify my insurance company? What about a brother/sister? Parent? First cousin? Second cousin?
  • qbrozenqbrozen Member Posts: 33,736
    my brother was well past dependent age while still living at home and, yes, he still had to provide proof of his own insurance to my parents' insurance company.

    Greg - my point is, you can't argue with the insurance company on this. They have no obligation in the matter. They are not breaking the law by not allowing you to renew your contract, as written, at renewal time. What they CAN do, at the very least, is provide you with a new contract under which the child in question is added to the policy. If you choose not to re-sign with them under the conditions in this new policy, that is your right ... but they are offering coverage, so their butts are covered.

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • notyou2notyou2 Member Posts: 35
    I was rearended on July 5. I had my vehicle sold, was meeting the buyers that very night to get money, give them vehicle. At 2:45 that very day, I was hit. Called buyer, said car was wrecked, they would not buy it. I also had a contract on a brand new vehicle, had to cancel it, because of no money to make down payment because my vehicle was not sold because it was WRECKED!!!!! Mileage 99951. Sold for $5300.00, or at least that was what they were to bring to us.

    MY insurance approved rental, because indications were my vehicle was not drivable. Person at fault finally contacted his insurance 2 days later, they then contact me. Meanwhile, I have repair appraisal set up, with my insurance. AT Fault's insurance sent repair notice to shop. We go to shop for appraisal, while there, shop employee says we should never have told buyers that car was wrecked. Said we should not even tell future buyers it was wrecked. We told him we did not want them fixing vehicle, after he stated he worked for insurance company, not us. Does this repair shop think people don't check carfax??? If repair shows on carfax, we said it wasn't wrecked, who do you think gets sued!???? The guy who told us to "lie"?

    Took our vehicle to repair place we choose. AT Fault's insurance then refused to pay for the rental we had to get for the 3 days our vehicle was being fixed. I have also paid all medical so far, out of my own pocket.

    Van "repaired"

    Took van to dealership where we had previous trade in offer of $4000.00. They said no way, it was not worth it to them, it was WRECKED!!!!!

    Took van on 7/23/ on day long trip. Van would not go into reverse 3 times, shook and was noisier than it had been prior to wreck. Told by insurer and auto repair place we had to just accept that it would never be the same...blah,blah,blah. Specs allow 3/16th gaps, noise, oh well, and more. Am I whole, like I was on July 5, at say 2:30 PM????? NO!!!!!!!!!!!! Never will be.

    Gave up, traded in van and got $2547.00 for it, versus $4000.00 trade we were offered. Lost the $5300.00 sale. I have all paperwork, all proof, proof of previous financing that was put on hold until my vehicle "repaired".

    Proof I am not in the same financial position I was prior to being hit.

    AT Fault's Insurer told me too bad how sad, now that van has 100318 miles, it is WORTHLESS. Even though have proof of all offers, it is worthless.

    So, I can prove I lost $2757 on the sale, or you can say $1453 on the trade, I will not ever be made "whole" per insurance, even though, THAT'S WHAT INSURANCE FEES ARE FOR!!!!!!!

    Just a warning to you all out there, I was told this by 2 agents TODAY, if your vehicle is over 100k miles, it is WORTHLESS.

    I can prove what is was
    worth, but insurance company of person who hit me, values it as WORTHLESS.

    So, I am not in the postition I was in, financially, prior to getting hit, and the person who hit me has an insurance company that determined my vehicle was worthless, because it now had 100318 miles.

    I guess if you are going to get in a wreck, do it before you sell your vehicle, have an offer, have a contract on a new vehicle you are waiting to pick up after you get the check from the sale of your current vehicle, and really make sure you have less than 90K miles on the vehicle getting hit!!!!!

    Oh, and why pay insurance on a worthless vehicle?
  • charko2charko2 Member Posts: 12
    My car which is registered in Florida, is up north with me. Came out to find the car "keyed" cost to repair is 1200.00 It's an 03 Bonneville. Deducible under compressive is 500. should I eat the other 700.00 or file a claim? Would home owners cover it?
    Thanks
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