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Besides, the truck was going forward, away from the Camry, when my son began backing up. He did not back out behind a backing-up semi. The truck was pulling forward to line up to back in, but my son could not have known that he would stop his forward travel and begin backing up. As this is a run the driver makes twice a week, and every time he must back up through the same busy parking lot, but has no backup warning devices, he as a professional is charged with the greater burden of awareness. At least, that's what I've heard comes with a Commercial Driver's License in Arizona.
(b) Their insurance is already rolling on this. We have a rental, and the Camry is at the dealer's for an estimate. In so doing, they have assumed fault.
I'm just wondering about getting them to satisfy me that the suspension and drive train are okay. Maybe they were pulling forward 10 feet into a parking spot, but what about going to work at 65 mph?
In GA, since we are a fault state, that means that the victim of the accident will pursue the other at fault party to pay damages, both vehicle and bodily injury...so, if I hit you, you would pursue me and my insurance company will defend me and pay bills up to my policy limits...
No fault, I believe, is where state law mandates that each driver pursue their own insurance company for damages, but if you are not at fault, then your premiums should not increase...if you caused it, then your premiums should rise...
Thinking out loud, there may be an advantage to "no fault" wherein you receive your damages from your own insurance...bear with me while this explanation takes time (doesn't it always???)...
In GA, if you are uninsured, I sue you for my damages...if you have no insurance and cannot afford to pay, you can discharge that judgment in bankruptcy and walk away owing nothing...which, I will emphasize for the millionth time, is why you should always have uninsured motorists insurance along with that medpay I am such a stickler about...
In a no fault state, your own insurance is liable to you...if I am correct (and a big if, at that), then the financial stability of the other party is meaningless to you, as long as your own ins is solvent, then they will pay your damages...
Oh yeah, you're correct... if if if i decide to buy collision insurance. Which is one big reason why i usually own "fairly new" cars or old beaters, because I can't stand paying $30-40/month in collision alone when the most i could get is $5,000 for my 6-year-old car... if it's new, it's clear I HAVE to have collision.
Of course, with an $1200 beater, PLPD is fine.
-Mathias
1. It is safer for a quick departure & better vision.
2. When backing into a space all you have to consider are the cars on both sides.
In a parking spot, you either back in or back out. Better to back in, but the best is pulling through one space to occupy the other spot.
Man, I wish they'd just settle this thing with a truly REASONABLE offer!!!!
The saga continues...stay tuned!!
It would truly be quite rare for a police officer to ticket another officer for causing a wreck, unless it was so obvious that a blind person could see it...and if he has his lights on, in pursuit, it could be argued that he had the right of way...but, if a jury saw photos of the scene and the brick wall, it would be my guess that the cop could not hold you responsible for his injuries...if the cop pursued you for his injuries, your ins should defend you...
BUT, my thinking is this...if neither one could see the other due to the brick wall, then you have a "pure accident" or "true accident"...in GA, liability would be split 50/50, and neither party could recover from the other as both share equal fault...this is a perfect opportunity to bore everybody and re-state that medpay or PIP would be useful in times like these, if injured, when there would be no recovery (IMO)...group health would also pay, but deductible and copays could mount up if the injuries required extended treatment...end of Bob's never-ending medpay commercial, at least until the NEXT opportunity presents itself... :shades:
This is about what I expected, hopefully liability would be split, the officer even told me that he could not see me and that it was just bad timing.
Kicked off the new year with some bad luck and had an accident this afternoon. I was at a 4-way stop intersection. Another car stopped at the stop sign of the intersecting street. I proceeded into the intersection but unfortunately the other car then proceeded into the intersection as well and smashed into the side of my 5 month new car. Nobody was injured as a direct result of the accident but there was enough damage to both cars to have them towed away. The officer at the scene indicated that he believed that I was not the at-fault driver. He said that he "may" issue the other driver a citation after investigation but did not commit to it.
Now a further complication occurred - while the officers were examining the scene the other driver (an old lady of 91 years) fell down and hit her head pretty hard on the bumper of the police car. The cops called paramedics and she was taken to the hospital.
I have called in a claim with my insurance company - but given its a holiday today and tomorrow I only got their answering service and will probably only get a 'real adjuster' to talk to on Tuesday or Wednesday.
Here are my questions:
1) I am contemplating calling the other driver's insurance company as well. From past experience I know my ins company will give me the option of going through them or going through the other party's insurance. But I'm concerned that the other party's carrier won’t have my best interests in mind especially since it isn't absolutely clear that the other driver is at fault yet. It’s a brand new car so I want to make sure I get things done right & quickly.
2) Does the impact on premium make a difference if I go through the other party's insurance carrier? I know about the deductible impact, I don't care about that because I know my company is pretty good about reimbursing the deductible if they are able to subrogate.
3) Unfortunately there was a similar accident with my wife's car 2 months ago (uninsured motorist whacked the side of her car when my dad was driving it). Given that this is my 2nd claim in 2 months what can I expect the impact on my premium to be? In this case the driver of my wife's car was not at fault (the other guy did get a citation and the insurance company was able to get funds subrogated somehow and reimbursed the deductible).
4) Are there any complications I should be wary of given that the other driver was taken to the hospital for an unrelated injury immediately after the accident? It may be a stretch that she claims that the fall came due to disorientation caused by the accident or something like that. I’d like to ensure I have my bases covered.
If it helps, here are some details:
State: WA
Ins company: American Commerce Insurance Co.
Other Party's company: Nationwide Mutual
Thanks for your assistance,
VxG
As to your questions, I can only advise you on the first one. You should definitely go through your own insurance company.
My friend's wife was in an accident that was the other driver's fault and he tried to deal with their insurance company. He found it terribly frustrating and got nowhere. When he went through his own company for payment and his company started to sue the other company, things got cleared up very quickly - to his complete satisfaction, I might add.
In communicating with your company it is very helpful to have the adverse party's policy number as well as her driver's license number and a copy of the Police Report.
It is your car so you are directive as to who repairs it. Just because an insurance company pays out on a policy does not give that carrier the position to choose the repair shop. Your car, your choice.
As to premium impact you would be prudent to make sure the lady receives a ticket for fail to yield, assuming you were on her right.
As for complications, the responsible agency for after accident safety lies primarily with law enforcement after they arrive. Officers should have excercised more care for the lady after their arrival. Prior to their arrival, her care was in your hands.
Who is your insurance company? Who is your insurance agent? What advice are you getting from them?
Remember to include a "Diminished Value" amount in your claim.
Lastly, go to the WSP office and fill out a form requesting the lady be called in to be reexamined for keeping her drivers license due to her extended age.
To that end, you should most certainly choose to go through you carrier if your concern is an expediant experience, and if you can afford to part with your deductible -- at least for some time. I see no harm in filing with the other insurance carrier as well; however, your carrier should do that for you.
I can't speak much for premium impact, though I will say that if you are in an accident then it is quite likely that your insurance company will know at some time. If not by the other insurance company subrogating for some degree of fault, than by running an MVR at some time around your policy renewal.
Odd complications indeed. I would say that likely there will be no pursuit for the injuries post accident, but if a chain of events can be illustrated -- and you are liable for the accident -- it is possible (unlikely) that a claim may be made for post accident injuries. I tend to agree though that if an officer got involved in some way he likely would be an intervening cause that might redirect liability for those injuries away from you.
True, WA is a Comparative Negligence state, but it seems to me that because the lady T boned him, he had prior equity in the intersection that was not respected by the lady. She needs to be cited for Fail to Yield.
Using one's own insurance is recommended in cases like this.
I did not know that WA was a comparative negl state...here in GA, we are considered a "hybrid comparative negligence state"...
If the lady's ins will not accept liability, you have no choice but to use your collision ins, unless you pay out of pocket...I would think your prmeium would rise, but not as much as if you were assigned fault in the wreck...
I have never encountered an injury such as hers, where she falls and gets seriously injured AFTER the wreck occurs...
I think it will come back on percentage fault...if she is at afult the same % you are, then it may be diff to recover from injuries after the wreck...this is why courts exist, what do I know???
They always told us in law school that any cases we read that we think are impossible cases, wait til we go out in practice, as truth IS much stranger than fiction could ever try to be...
When a 1980 Civic is 50% at fault for causing a 2004 40' Country Coach to be totaled - half the cost of that loss exceeds 150,000 dollars. Another good reason for high limits in a CN state like WA.
1) Unfortunately the lady who crashed into my car was on the right & I was on the left. However I believe that I was ahead of her reaching the intersection (in fact I cannot recall seeing her at her stop sign at the time so its possible she ran it, but I cannot prove that). Damage to my car starts from behind the right front wheel so that seems to indcate I was indeed ahead..at least in entry to the intersection.
2) The insurance company is American Commerce Insurance and they've been quite efficient so far. The car is already in my shop of choice, I have a rental car set up by them, parts have been ordered, etc. I have yet to speak to my adjuster about subrogation but in the past they have attempted it.
3) I have requested a copy of the accident report from the local police department. Depending on what that says I will have a better idea of how the officer documented the accident and if he assigned any fault in writing.
4) If it ends up being a 50/50 fault I know for a fact that the damage to my car was far more extensive/expensive than hers. Her front bumper fell off. The entire side of my car was bashed in pretty badly. Its ironic that a Toyota Camry bashed into a Lexus ES330 and came out the winner.
5) Apparently the lady told my sister in law (she lives nearby so I called her to come over & she also witnessed the fall) that her daughter is a lawyer. Just my luck & hence my concern about any connection being drawn between the accident and the fall.
VxG(1)
-Accident happend in SC
-We're in NC
-Not our fault... driver failed to yield
-Car was totalled
-State Farm covers car
-I was slightly injured and settled about 6 months later(minor)
-Impact happend on wife's side..she sustained most of the injuries...back, herniated disc L4,L5 & S1 and excrutiating muscle spasms to this day!
-Wife has about 23K in medical bills and went to several doctors and therapists for 20 months
-At this point(~20 months) the attorney feels she should try to settle even though she's still not better.
-State Farm offers 32K! What an insult!!!
-Attorney trys to get them to do better.
-Per the attorney: he doesn't get paid unless an offer is accepted.
-State Farm won't return the attorney's calls.
-Wife is still in PAIN and now paying for treatment out of pocket! She says that she needs relief no matter who pays!
-Attorney hasn't returned wife's call from yesterday.
-State Farm has LOW BALLED the case beyond belief!!
-State Farm is ignoring the attorney.?
-Attorney appears, IMHO, not to have enough clout to get a respectable offer.
-Looks like we'll have to file suit in SC.
-Any suggestions Marsha7???? We're desperate now!
Thanks for your time it really means alot to my wife and me!
1) the balance of my warranty?
2) finding problems in my truck after the repair is done (like 4x4)? (my repair ship has a lifetime warranty on their work)
3) settlement? is it separate for medical and property?
4) what if we don't settle? do they have to? do i have a statute of limitations?
Any partial answers, suggestions, full answers, are HIGHLY APPRECIATED!!!
Thanks,
The Yetters
ACCIDENT DETAILS (in Colorado: at-fault state):
My mother and father were on the highway with about 10 other cars all slowing down for a recent accident ahead. They were towards the rear of the pack when a car rear ended them. They were hit in the rear and pushed hard into a concrete barrier. The front was damaged much worse than the rear. The accident was clearly the other party's fault. They received a ticket for following too closely and my parents did not receive a ticket. Even in the police report, the officer quotes the other driver as "frantically apologizing, saying sorry and hoping they are okay."
VEHICLE DAMAGE:
The car was a 2000 Honda CRV which was completely totaled. We got an offer from our insurance company for 92% of the NADA book value + tax - deductable. I wrongly assumed they just gave you retail book value-deductible. But the agent went on about how the book value does not take into consideration reconditioning a dealership would have to do to a vehicle to get it ready for sale. My parents car was well above average condition. Spotless with no dings (hard to tell after the accident), new tires, smoke free, low miles. Basically, an excellent condition low mileage Honda. Anyway, I didn't realize they also added tax so the amount came out about the same as what we expected and we took it. I was somewhat confused why our insurance pays this since the other party was at fault.
INSURANCE DETAILS:
Both my parents and the other party had full coverage insurance with 100K/300K limits. Parents=American Family Insurance. Other party=AIG insurance. In addition, my parents have $100K/$300K underinsured coverage. We live in Colorado and had no MedPay on our auto policy. (Please no lecture on not having MedPay. We simply thought Health Insurance was adequate and bought the policy our agent recommended. We've added it now but can't change the past.) My mother has Health Insurance through her employer. My father through a slip-up in paperwork actually does not have Health Insurance. The accident was on 12/17 and his health insurance became active on 1/1/06.
INJURY DETAILS:
My father was driving and suffered the lesser injuries. Lots of bruises and contusions but no broken bones. He also has a bruised rib cage and tore some sort of muscle attached to the floating lower ribs which is extremely painful. His back and neck are also quite sore. He was taken by ambulance to the ER of a hospital and was xrayed and released that night. The ambulance was about $700 and the ER visit was about $1500. Because he does not have insurance, he is hesitant to seek further treatment but is in a lot of pain. I am offering to help pay his medical bills but I also do not have thousands of dollars I can spare...
My mother on the other hand was injured much more severely. She fractured three ribs and has multiple breaks and fractures in her left arm and thumb. Her back and neck also hurt. While in the ER, she lost her sight and became paralyzed on half her body and was incoherent. She could not even answer the simplest questions. She was taken to critical care for three days. It turns out she had a mild stroke and seizure. Within three days, she regained her vision and was speaking clearly. We are very thankful for this. She was in the regular hospital section for 2 more days then released. She is in extreme pain. Apparently, broken ribs hurt a LOT!. She also loses muscular control of her head once in a while and her arm, back and neck still hurt. Her medical bills are about $67,000
QUESTIONS:
- If we hired a lawyer at 33% and received the $100K limit of the auto policy from the at-fault driver, we would net $67K. But the current medical bills (not to mention future bills) exceed $67K. Would we have to pay back our Health Insurance? I'm partialy hesitant to hire a laywer because our medical expenses are so high that it doesn't seem fair that an attorney would get 1/3 of the medical expenses since that is pretty much guaranteed to be paid by the insurance companies.
- The health insurance company sent a lien form (I guess for subrogation). Do we have to sign it? Does it matter if they are entitled regardless if we sign or not?
- Is it normal for a medical office to refer a lawyer? I felt uneasy but I guess their recommendation might be better than a phone book.
- If our expenses exceed $100K, can we utilize the underinsured portion of our policy? Does Pain & Suffering count? For example, if expenses were $150K and Pain & Suffering was $50K, would we collect the $100K from the at fault driver and then $100K from our own underinsured coverage? I assume this would be tough to negotiate since our insurance company was not at fault.
- I read a little about this "made whole" concept regarding subrogation. Can someone apply it better to this example?
- Any advice for hiring a lawyer?
CONCLUSION:
As you can see, this accident was quite serious. I am at a standstill and totally confused about what to do. There are so many forms (lien from medical clinic, subrogation form from insurance, calls from insurance, etc.) that I feel I need a lawyer but I am also concerned that due to the high medical bills, we may end up actually paying money for this accident. This is a very long post and I apologize for taking up so much space. I'm just very stressed trying to help my parents and don't know where to turn or what to do next. Any advice will be appreciated and if I can return the favor with any of my expertise (web development, marketing, search optimization) I certainly will.
David
The contingent fee agreement raises my eyebrow.
Considering the Bodily Injury Liability expenses will be more than 100k, American Family Ins. should be put on notice of a potential claim under UMBI so that reserves can be set.
"Would we have to pay back our Health Insurance?" Usually, the health insurance company has to be reimbursed, but check with them as well.
Again, check with your state & it's Liability Code. If your "specials" were 150k and there was agreement by all parties that the pain and suffering was worth 50k, I would expect your folks UMBI to be triggered accordingly, but there again, check with your folk's insurance agent and/or adjuster.
This experience will require more time than you expect and you and yours patience will be developed. When you no longer have the patience and desire to continue to seek what is deserved, then seek an attorney to represent your side. Good Luck and Fast Healing.
In short, your parents were in an accident where the other driver was totally at fault. It seems that your parents should contact their insurance company and tell them how much it costs to replace their car and how much their doctor bills are. Then the insurance company carries the ball.
I am new to this forum a couple of months back, and have been a fan of your very valuable and professional advises with your excellent knowledge in the domain of Auto Insurance.
Lately I also suffered from my poor knoledge of the autio insurance coverage stuff and now I am able to claim only my minimum UIM for my recent accident( I seek your advise on this later).
After reading through your posts and from my latest experience from the accident, today I went to AAA and bought the insurance which includes all of your above pledge(except med pay for $5K which is maximum that CA AAA offers.
Once again my sincere thanks for taking time to make us informative by reading our problems and typing answers with a lots of patience..
Hats off to you
-Abe
1. Your warranty should still be in effect -- if the vehicle was repaired properly and to OEM specs the warranty shouldn't be an issue and should still be in effect -- I did read that your vehicle repaired, correct?
2. Further issues that arise and can be related to the accident can be pursued through Geico down the line -- that is, unless you sign a full and final on the property damage, which to my understanding they do not require. However, keep in mind they will need to be connected to the loss -- if there simply is no connection you will have a VERY difficult time collecting.
3. You should have a seperate settlement for both -- the vehicle settlement can be pretty accurately determined and will be a solid finite amount. The medical settlement can involve a certain degree of negotiation (to say the least) but is still determined by the damages you sustained -- it's simply more difficult and ambigious to determine how much damage a body sustained.
4. You don't have to settle, but likely any bills you sustained for injuries will be yours -- you will own those bills and have to pay them. Yes, FL does have a statute of limitations, however I'm a bit too lax to google it right now -- your insurance co. or the other insurance company can advise you of those.
Good luck with the truck and be sure to utilize that guarantee if your not satisfied with the repairs.
Thanks millions!
Yetters
omegagen: get yourself a good SC lawyer within 10 minutes of reading my post...one other possibility...fire your current lawyer, get a good NC lawyer for local communication and have him/her locate and associate a good SC lawyer, so that the SC lawyer will respond to the needs of the NC lawyer...if done right, the fee from the lawsuit (and there WILL be a lawsuit) will be split between the 2 lawyers, and your percentage will remain the same...in other words, if the case is good enough, and it seems to be, they may be willing to split the fee based on a 33/40/45 percent fee...the reason for the variance is that 33 is usually for a case that is settled, but the percentage goes up because the trial is a million times more work...
AlbertJohn: thanks for the kind words...I often wonder if anybody really gives a damn about what I post or not...glad someone does...
Bob
What I'm trying to say is, I really appreciate the input from the professionals on this forum.
Here's a cheery thought: MI is a no-fault state, and everybody pays into the "catastrophic claims" kitty out of which excess medical is paid. There is also, if I understand it correctly, something like Medpay that is mandated by law. I think some of you guys think that Medpay is a good idea... right? :-)
I will say that insurance terminology is rather painful to understand for civilians. I suspect it is by design. Took me a while to figure out "basic collision" from "limited collision" to "full collision". Simple concepts, poorly explained at best.
Back to lurking,
-Mathias
One of the surprising things to me is the extent of seriousness of many inquires NOT apparently handled by the insurance agent. When in business, I worked very close with all of the attornies and was participating in many 'phone conversations that lead to settlements w/o having to go to court. To me, it was part of the agent's service obligation to his Insured. As sometimes the pharmacist is a reference to the doctor, I was often the reference to the lawyer which help our mutual client. Too bad that is not happening today.
.. sometimes you kill me ..l.o.l....
Terry.
steine13...do not take this as gospel, because I may be quite wrong, but if MI is a no-fault state, it is probably PIP instead of medpay...same concept, different terminology...
When I lived in MI (1980-1990) they had something called "broad form collision" where I am getting a discount as I am insuring my own "skill"...so, if I cause the collision, I was subject to a $500 deductible...if the other guy caused the wreck, I had a zero deductible...
euphonium: in GA, the insurance AGENT is beyond quite worthless...after selling the policy, once a claim is to be filed, they seem to go dumb and cannot tell left from right...every now and then, the agent will help them make the claim, but it is the adjuster who handles the claim from start to finish...EXCEPT when a lawsuit is filed, then the lawyers take over and the adjuster is out of the picture...until the jury speaks...
Which is where the phrase comes from, "you win some, you lose some"...
Then again, with some of the cases I have had, the thought really comes to mind..."you have to know when to hold 'em, know when to fold 'em, know when to walk away and know when to RUN!!!...
I have also learned that since my retirement the companies prefer their agents to just sell and leave the claims to the 800 service center manned by people not too well educated in either Claims or Service. The rural agent is more likely to get involved with after sale service and advice because he has a smaller book of business.
The urban agent, with a much larger cost of doing business, refers all claims to the 800 Service Center because he can't spend time servicing existing clients as he needs to continue to sell, sell, sell just to maintain his position in the urban setting. The urban agent with telemarketing skills has personally met mayber 5% of his clients face to face.
The rural agent is meeting 95% of his book of business frequently and is a Shepherd who knows his flock. It is the rural agent who takes the time to advise and service his customers needs and questions.
The vehicle was contacted on the driver's side by the front wheel and pushed about 25 feet sideways. The front end actually travelled farther than the rear, since the vehicle seemed to pivot on the right rear wheel. The left front tire blew immediately; the right front tire shows sideways wear, but is otherwise intact.
The insurance adjuster has admitted (verbally only( that they are assuming full liability for this accident and will make full repairs. Having never been through this before, I'm nevertheless confident that I will want things they won't want to give.
In fact, I've already experienced that. No one has been malicious or obstinate, but they just have their processes - "they way they do things here". And none of their processes were designed with *my* needs in mind!
We're all fairly confident the left front strut will be found bent and need to be replaced. The car has 65k miles. Due to the stress put on the other strut, I'd like it replaced as well for safety and peace of mind. There's also the right front tire - the left one blew, but the right one's intact, though showing signs of the push.
I also took off two days of work, and had to take other time to work things through on this.
What odds I can get all thins compensated for?
Ed
i may not be posting this in the right forum, and if not im sorry.
but anyway, does anyone ahve experience with GMAC insurance? my grandfather was a engineer there, so i got a pretty hefty discount
im still a young driver, 18, and purchased a used 2004 G25 6MT. still sitting there though till i get insurance. because of this vehicle and my age, rates were often sky high. GMAC rate were significantlly lower then GEICO;s quote
but this makes me wonder, how good are they with-heaven forbid-claims and other accidents? anyone with any help please let me know
Can you guys please take your time to suggest me/correct me whether my folling coverage/quote is good or any changes that I need to do?
Thanks in Advance
General Coverages
Bodily Injury Liability
Covers harm to other people $500,000 / $1,000,000($237)
Property Damage Liability
Covers damage to other people's property $500,000($192)
Medical Payments
Covers your medical expenses $5,000 ($97)
Un/underinsured Motorist Bodily Injury
Covers liability if hit by an un/underinsured driver $500,000 / $1,000,000($97)
Automobile Death Benefits
Covers expenses related to insured's death for Applicant and spouse ($8)
2000 Honda Accord EX Coverages
Comprehensive
Covers theft and other non-accident losses $500 deductible($112)
Collision
Covers collision damage to your vehicle $500 deductible(($320)
TOTAL FOR 1 YEAR ($1063 )
-Abe
Slim and none.
The right front tire should be replaced if it shows signs of damage -- flat spot from the motion. The right strut, if it shows signs of damage as well. Unfortunately, it's very unlikely that piece-of-mind will be included in their indemnification. They simply don't owe for the right strut if it's not damaged -- though it may need to be replaced due to having 65k miles, and you may consider paying for the same yourself -- for piece-of-mind of course.
It's very unlikely that they will reimburse you for the two days off work as well. Though I agree, if you indeed did lose 16 hours in having to deal with this claim the carrier has been quite inept at their job. A simple property damage claim should require little more from you than a brief statement and you picking the shop of your choice -- maybe if your lucky the shop or carrier will update you on the progress of your vehicle. Yes, you will lose some time due to having to drop off the car and pick up a rental, but it's doubtful that any case law would support you recouping any money for that time lost -- sorry.
The best advice I can give you is to clearly express "your" needs to the liable carrier. That would best help them to assist you. If they simply will not do so, you have the option of utilizing your own carrier (as long as repairs haven't started.)
# 2 and the front of car#3 the owners of the respective vehicles decided that there was no damage and car #3 drove off deciding no harm no foul. No information was taken about car# 3.
My car had 3,000 dollars worth of damage and I filed a claim with car#2 insurance company. given that I had only liability insurance, I can not file a claim with my own carrier.
Now it seems that car2 is claiming that car3 PUSHED her SUV into my vehicle therefore her insurance is only offering to pay for 1/2 my damages. There was no damage to either car#2 so there was no physical evidence of an impact between car2 and car 3. a police report was filed and since there were no witness, it just has my story (i was hit0 and car2 's story (she was pushed). I personally doubt that because there was no damage to car#2 and she was the one who let car # 3 go.
Would it be worth it to sue? Given the lack of physical evidence, isnt car#2 fully liable? She admits that she hit me but since she is claiming that another was responsible, shouldn't she have to prove that herself?
thanks for your help.
Complete address of all owned garaged vehicles.
Names & DOB of all occupants of the household & license #'s
Other cars in household? Where insured?
Distance driven to work.
Any vehicle used in business?
Crashes and violations of all licensed members of household.
Driving experience of each driver in years.
Credit Rating?
Ever taken bankruptcy or spend a night in jail?
Grade point average of students in household.
All members of household citizens of USA?
The above are some of the questions used by underwriters to accept an application and correct the agent's quote.
Thus, it's not easy to compare coverages and premiums because everybody is unique.
But my primary intent is to follow you guy's advise of having good UM/UIM, MedPay and Collision coverages. I expected to get comments if its a good coverage or still I need to increase/decrease the numbers?
Nothing to bother you by provide the crappy details here, I sincerly apologize for this
Just answered few questions:
Complete address of all owned garaged vehicles.
A) CA, USA
Names & DOB of all occupants of the household & license #'s
A) 32 years age
Other cars in household? Where insured?
a) Only One car
Distance driven to work.
a) 7 miles
Any vehicle used in business?
A) No
Crashes and violations of all licensed members of household.
A) None
Driving experience of each driver in years.
A) Only one with 20 years of Driving Exp
Credit Rating?
A) Excellent
Ever taken bankruptcy or spend a night in jail?
A) Never in any corner of the globe
Grade point average of students in household.
A) no stu-DENTS :-)
All members of household citizens of USA?
A) No
Thanks,
Abe
All parts damaged in the collision should be replaced...if you can convince them that other "associated" parts were strained or damaged, they will replace them too, but do not hold your breath too long...
While they do not usually pay for lost wages without injury (remember my assumption), they are supposed to reimburse you for a rental car while your vehicle is in repair...if I understand you correctly, you should have rented a car and received reimbursement for the rental, and you would not have missed work...
SURFT15: I have had some experience with GMAC insurance, and it is all bad...GMAC insurance, in my experience, is a collision only policy, solely for the purpose of protecting GMAC's interest in the event the car is totalled, they are not on the hook for the value of the vehicle...no liability, no medpay, no UM, no nothing...
I am surprised that they can sell this policy without liability, since the driver is virtually "uninsured", but it certainly explains why it is so cheap...if all I paid was collision insurance, without all the other stuff, my premium would drop over 50%...
AlbertJohn: all those coverages are great, except that medpay of $5K is trash...a moderately serious accident could give you $25K in meds real quickly...however, the premium at $97 is much more than I pay, as I have $100K medpay for $35 per year per car...check and see what $50K medpay would cost, amy not be much more, as the "cost per thousand" often drops dramatically when you buy a lot of it...example: $5K medpay is $20 yearly, but $100K is $35, so the premium for 20X the medpay limit (5K to 100K) is not
20X the 5K premium (i.e. 100K does not cost a premium of $400, which is 20 X $20)...
Did I forget anyone???...even if I did, euphonium seems to know as much as I do, and probably knows more than I ever will...:):):):):)...and I think he passed paragraph school with higher grades than I did...
NJ, according again to the infallible Google, is a joint and several state -- with a 60% threshold. Meaning that a party to the accident would need to be either 60% or more liable for you to utilize this abhorrent legal loophole. That being said, I think it may be your best bet. If you can somehow convince the insurance company to move to 60% liability acceptance, you can then demand 100% damages from them and force them to seek restitution from the phantom third vehicle.
However, why they have agreed to pay 1/2 of your damages I'm not sure. If their contention is that their vehicle was pushed into your vehicle, why would they accept any liability? Their party should be negligent free if they were indeed pushed into your vehicle.
The simple fact that there is 3k worth of damage to the rear of your vehicle seems to indicate that it probably was a substantial impact -- or you've chosen a shop that wants to blend into every panel of your vehicle -- either way, I would tend to think if there is no rear damage to the Jeep, that it would have struck you with roughly the same amount of force either way.
The real question is -- is it worth 1.5k for you to spend the time preparing for, going to, and arguing a court case in small claims? If so, you may have a chance -- if you have some evidence of no damage to the rear of the Jeep. If not, take their 1.5k and get some first party coverage.
I do wonder, though, are they offering you 1/2 of the 3k because your vehicle is worth only that much? I didn't search whether there is a total-loss threshold in NJ; however, likely if your car didn't total at 3k then it probably is worth at least 4k -- why you don't have first party coverage on a vehicle worth 4k is, of course, your own business. If the vehicle is indeed only worth 1.5k then the other insurance company would simply not owe you the 3k, but instead the ACV of your vehicle.
I have a 2004 Burban with 20K on the dial; was in an accident where a driver hit me in the rear in open traffic at about 48 mph while stopped in traffic; and pushed me into another stopped vehicle(front bumper crinkled some electronics not funcitoning; Bumper is pushed in door damage and electronics not funcitoning) Whip lash for me(someone was looking out for me) airbag deployed in the vehicle who hit me; driver received a ticket from the officer on duty; and insurance has accepted liability.
Questions that I have: Driver who hit me has the same insurance company: Geico
-Geico Insurance wants to replace the "vehicle frame, bumpers, toe hitch etc); anyone ever heard of such a thing? I always thought that once there's frame damage vehicle is dead in the water(resell, never runs correctly, wheel alignment problems etc). Diminished value and more importantly safety of the vehicle is now compromised.
-How do you tell the Geico insurance company this is not acceptable?
-Do I need to get a lawyer or a letter from the manufacturer stating this is crazy? I think it is!
Geico Insurance company has yet to place me in a comparable vehicle, don't even want to say what I'm driving now, but I assure you its about 1/8th of a suburban.
I'd like to get an opinion from those in the know if I should tell them(I and other driver's insurance company:Geico)to jump off a cliff and get me a new vehicle or let them proceed?
Or do I contact GM to get a weigh on their opinion? I'm a little lost at this point. I already got the police report, but looking for some advice on the over arching issue.
It's not Geico that says what to replace, it's their body shop and you are under no obligation to use their shop. Take your Burb to your own trusted body shop, preferably the dealer's body shop. They will be able to answer all your questions about what to replace and if the frame can also be replaced.
Would the entire frame consist of the chassis???...can you change a frame and still rebuild the car without calling it salvage???
I would consult GM on this and see if what GEICO wants to do is reasonable...
On second thought, maybe changing the frame is what you need to restore the car back to new...but can body shop guys literally disassemble the entire car and replace the frame like when it came down the assembly line???
Am I in the right ballpark on this, or did I leave in the 3rd inning???
Without seeing your vehicle it would be hard to tell, but I'd ballpark that it's probably worth 30k or so. That's a WHOLE lot of repair dollars that can be sunk into your vehicle. Unfortunately, with Geico being the insurance company of both parties your options are somewhat limited.
Let me be the first to tell you that a replaced frame is by no means a bad thing. In fact, I'd bet Chevy would advise that it's the best possible repair. I mean, they're the ones that sell the frame -- be kind of hard for them to say it's not a recommended procedure. Actually, on a full-frame vehicle like the Suburban it's a time consuming, but not unusual procedure (at least for a vehicle worth that much.) Suffice to say, frame repairs are common-place and likely performed on at least a 1/4 of all vehicle repairs.
Also, without knowing what state you reside in, it is difficult to advise you on the comp vehicle thing (rental.) I would tell you that a rental is offered in many states as a courtesy -- for them to provide you with a comparable vehicle you would need to provide evidence that you required that particular size vehicle -- and then they still likely would not be required by law to do so -- ridiculous I know.
Diminished value claims depend largely on state case law as well. It's unlikely you can make a DV claim on your first party coverage (unless you are in GA) and, unfortunately, it may be difficult to make one on the other party's third party coverage. You see, you would have to prove the loss. To better explain, after the vehicle is repaired properly it should be put into its pre-loss condition -- thus no DV; however, the reality is that there may be some DV regardless of pre-loss condition. The trick here is that while driving that vehicle that was damaged and repaired you have suffered no loss -- DV decreases over time. So ... If Geico paid you 1k in DV today and you didn't sell the Suburban for three years, there may be only 500.00 of DV when you sold it. Therefore, Geico would be paying too much for DV -- as you only suffered a 500.00 loss and they paid you 1k ... that's why DV is so hard to collect .. at least until you actually sell the vehicle (and even then usually, because you need to present them other comp vehicles sold without damage.)
In a nutshell:
1. To replace a frame is the best and most acceptable procedure -- I'm surprised they aren't trying to section it and you should be as well.
2. Tell them you have four kids and need the space for their soccer gear -- maybe that will get you a rental upgrade.
3. GM would rather drink bleach than admit that their 5k OEM frame is an improper repair -- you will NEVER get them to say such a thing -- unless the vehicle is damaged beyond repair period.
4. If you feel uncomfortable with Geico's body shop (if your vehicle is indeed in one) then choose your own -- however, that leaves one less liable party in the loop if poor repairs are completed -- Geico writes for the repairs, but are not liable for quality if it isn't one of their reccomended shops. Personally, I'd leave it at a Geico shop -- let them complete repairs and then drop a few hundred OOP on a post-repair inspecter -- if they find bad repairs Geico may then be forced to total the vehicle to get themselves out of a jam -- just a thought.
On the comp vehicle, I simply hinted at calling the insurance commissioner in Maryland, because Geico is in trouble with them now because of their high rates and drop history of insured owners. So they are getting closer with a comp vehicle.
Lily thanks for describing the DV options. I'll look at the case law to see how it rules.
I've already placed a call into GM on the feasibility of the procedure; and asked for their assurance and Geico will pay for the post repair inspector to ease comfort and settle wrinkled eye brows according the damage adjuster. Although just given the old days it still doesn't sit well with me. I would think that just as in the post above that its only safe after coming off of the assembly line. Do you think it will affect the GM warranty on the vehicle? I mean this stuff goes out into Carfax; so may be hard to trade in. Any thoughts?
My 2004 Jetta insured through AAA was hit by another vehicle (ALLState). AAA appraiser (third party) came up with approx. 10.5k work. I had lot of discussion with them to total my car but they keep refusing suggeting my car value is 16.5k which is much more than what I paid for when I bought it 2 yrs back. In any case after lot of discussion I let one of the VW dealer bodyshop to work on it. Its been six weeks and they have come up with three more suppliment total over 3k. They are now waiting for rear axle which is back ordered. My insurance company is refusing to pay over 30 days of rental and asking me to contact ALLstate to get reimbersement for additional rental. Allstate hasn't been notified about accident yet by involved party (quite weird). Also since I'm in PA they refuse dimish value. Obiviously I'm quite frustrated.
1. Is it worth pursing legal advise to see if AAA screwed up and should have totaled the car to begin with?
2. My car is still under VW warrenty. Will that be screwed by this accident. Is it worth getting extended warrenty?
I believe the first part of #2 is YES. And I doubt you could get any decent company to give you an extended warranty.
Also, I believe you can call the other ins. co., Allstate, yourself if you have the other party's insurance info.
The same thing almost happenned to my in '97 with our '96 Jeep. But they did eventually total it out luckily.
Oh how I wish you'd have come here with questions before then... we would have told you that this would happen.
BTW, the only reason I'm so damn smart is I learned it right here. $3k extra, great work if you can get it. Happens all the time; once the body shop tears into it, they've got the ins co over a barrel.
I don't know that there is much you can do about it at this point. Your car will be worth $9 or so after it's ready... IF the work is done properly. Have another competent body shop look at it; on your nickel. It'll be cheap insurance.
You "shoulda" taken the $10,5 and walked away, after trying to get them to cough up more... even at $12, everybody would have been ahead in the game... everybody except the body shop, that is. What a wretched situation.
Good luck to you,
-Mathias
Sub: I can't answer the warrenty issue, that depends largely on what type of parts they utilized and the quality of repairs --- technically, I think any collision repairs void all warrenties on that part and likely all attachment points to that part; however, the shop should warrenty the repairs, so that likely won't be an issue. Also, you'll have no trouble at all trading in that vehicle -- why would you? You may have trouble getting what you want for a trade in though (but you would regardless of whether it was wrecked or not.)
Jetta: Is it worth pursuing legal advice? Rarely is it ever WORTH pursuing legal advice in my opinion -- but often it is a good idea. That being said, here it won't do you much good.
A. You have a contract with AAA -- it doesn't appear that they have violated that contract, and likely not PA law if the original estimate was 10.5k
a. You won't get any DV because they are your carrier (and it's any state in the Union other than GA.)
B. They don't owe over 30 days of rental if they are your insurance company. Though they should have filed a claim with Allstate already for you (as a courtesy not contractually.)
C. Just because there were hidden damages/supplements required that may ultimately total out your vehicle, that doesn't mean that AAA has done anything wrong -- Often vehicles that appear totaled are not.
--- you will likely, at this time, have no legal recourse against your OWN carrier ---
See above for the warranty info that I know -- and that is very little.
Jetta -- you should have filed a claim with the other carrier if they truly are at fault -- or requested your insurance company do that for you. That is the primary reason people exchange information in these situations -- yes, AAA will attempt to recover yours and their money, but there is a chance you may have avoided any rental issues, and maybe the entire mess alltogether by simply filing a claim with the other party's carrier. In fact, what may keep your vehicle from financially totaling to your carrier may have been the straw that totalled it for the other carrier -- rental expenses. If rental raised the cost-of-repair above the value of the vehicle it is quite likely they would have totalled your car -- sorry, that may be a tough pill to swallow. :lemon: