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Edit: I did say the driver was stupid in the story so I was being a wee bit biased, I should have caught that. Oh well, I tried not to be biased.
My hubby has not been in auto accident on over 20 years (until recently) and I have not been in 15+ years.
We keep hearing conflicting advice. One friend who worked in a city dept in insurance told my hubby & I to go after both insurance companies. My mentor who is a veteran police officer told us the same. I do not care who pays up, as long as it covers buying another work truck. And yes, the other insurance will pay up for his medical visits.
And Mike58, yeah, that was my first comment about the gas/propane truck....thank goodness it did not blow up.
I guess they figure they can pad their bottom line by screwing me out of about $500. They know it's not enough to get a lawyer involved. I could file a claim with my insurance (Geico) and then let them go after the other company. But I doubt they will fight very hard to recover my deductible or vehicle rental. Any recourse? Small claims? -we're in Miami, Florida.
If your insurance wins, they should return your deductible. Do you have to pay for a rental? Or will your insurance?
I know I had something similar happen and I let my insurance take care of it. I paid my deductible, had a rental, etc. About 9 months later, I received a check for my deductible after they won.
It sounds like I'm not giving you anything new. I just want to point out that, if it were me, I would not cash the check they send and then try to get more out of them. I would refuse the offer altogether and go after them for the full amount. Maybe there is no basis for this, but I feel like if you cash a check for a partial amount, you are "accepting" their offer by default.
'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
I thank all others who responded in kind to my enquiry.
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Find me at kirstie_h@edmunds.com - or send a private message by clicking on my name.
2015 Kia Soul, 2021 Subaru Forester (kirstie_h), 2024 GMC Sierra 1500 (mr. kirstie_h)
Review your vehicle
Will your insurance company represent you to claim your loss (not your fault) if you only have third party liability coverage and no comprehensive or collision coverage?
Because I asked my insurance company several times to claim the loss on my behalf (not my fault fender bender accident) and they told me to do it myself.
Because I asked my insurance company several times to claim the loss on my behalf (not my fault fender bender accident) and they told me to do it myself.
I have no idea.
'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
You have my request for forgiveness as I apologize for your taking my comment so personally. Please be aware the "old" was in jest for yours truly is 73.
Their liabiliy decision may be in line -- a citation and admission of guilt by another party does not make a rock-solid liability case. In fact, the party that admitted fault may very well know little about traffic law. The police officer -- sadly -- may know even less (likely he cares less.)
To that end, I'd let your carrier do the fighting, as you will have pretty much no control over another carriers liability decision -- your carrier however, has a vested interest.
As for the later question regarding no first party coverage and asking your own carrier to file your claim -- no, they do not have to do so. They may file it, but you are the one who has to deal with the other carrier -- they simply have no right, nor a duty to do the same. In fact, the other carrier may even refuse to allow your carrier to file the claim -- some unmentioned carriers are actually pretty ruthless in this aspect.
He just requests his own insurance company to file a claim on the other at fault driver's insurance company for third party property damage liability claim. His insurance company should have no liability/loss in this case.
Lilyowen:" don't you think you pulled the trigger on the Bad Faith offer a little prematurely? I mean, without knowing any of the facts or the state negligence laws I think to even imply that it was a bad faith offer is a bit too much."
No, "Bad Faith" was not in my sights, but a question was and still stands. Questioning any insurance company does not accuse them of BAD FAITH. The "Sick em" does not accuse BAD FAITH either. Perhaps your comment applies to another poster?
Sorry about that.
1. One does not pay their deductible to their insurance company -- a deductible is simply a figure (chosen by an insured) that matches their comfort with a particular level of risk and allows the insured to share in the loss. A carrier will take care of damages above and beyond a deductible, but does not require that someone actually pay them the deductible.
2. From what I recall, you stated that this particular insured didn't have any first party coverage -- therefore he is not paying for that service -- nor can he claim on his own insurance policy.
3. As stated before, if he is lucky and has a service oriented carrier they may attempt to file a claim for him. But why would one want a carrier, who knows very little about what actually happened to file a claim on their behalf? The other carrier will certainly require that inforamtion -- and prefer it -- from the horses mouth. What I was saying, is that an insured with a liability only policy who asks his carrier to file is asking for his carrier to waste their time and money (see time) in a meaningless gesture -- you see, without obtaining their insurd's rights to recovery they have no strength to argue, debate, or negotiate liability or anything else for that matter -- they are a paper tiger.
4. Some insurance carriers will not accept a claim filed from another insurance carrier -- they require that their insured file the claim, or the other party file the claim -- or, of course, wait for subrogation documents to arrive.
5. You are likely required to, by policy, advise your carrier of any accident you are in. This is to protect you from a situation where you think the other party is at fault and then, six months down the line, the other carrier offers you 85 percent. You see, your carrier almost always has the potential for loss -- every accident is a potential exposure until fully investigated.
Regarding point 5, why a person with only third party insurance, his insurance company needs to expose to 15% of his client's loss even at other party's fault. Are you implying this is the case with full coverage?
See your carrier can defend you on a liability only policy -- in fact they have obligated themselves to defending you (if you pay your premium, of course.) But they cannot really negotiate from a position of power without paying out on an your claim and obtaining your rights to recovery -- at this point they legally have the power to sue the other party if required (at which point their carrier would be obligated to defend) -- see where this is going?
If your question is regarding the 15% liability -- that example is one where it ins't entirely the other party's fault -- in fact, it's been determined that it is exactly 85% the other party's fault -- thus a 15% exposure -- and that is not an exposure to 15% of their client -- that is an exposure to 15% of the other party (but this heavily depends upon the state.)
So we call the police and he gives me a citation for parking on prohibited place. And no where on the highway do I see any board warning aganist parking on the LEFT shoulder. Moreover, as per the cop I was at fault for the accident even though my car was disabled with hazard lights on. But just due to the fact I was on the left shoulder I was being held responsible while the driver who rear-ended was absolved. I ahd not parked the car on a curve so the driver would have easily seen me from like 1/2 mile away.
I talked with my insurance company, and they said while I was at some fault, the driver who rear-ended me was at the greatest fault. Since I did not have comp/collission incurance, the other driver's insurance company should compensate me for my car.
What do you guys think? Would other the other driver's insurance company reimburse me? Also, should I contest the citation for parking on left shoulder? Or would entering a guilty plea in anyway make me at-fault for the acciddent?
In my opinion, the other driver is 100% at fault as they had plenty of time to see where your car was. I compare this to the situation of a chain car crash in bad weather, he who hits the person in front is guilty of following too close.
I was just retained by a client...her mother raised their medpay from $5K to $10K (big whoop)...then the client has an accident (this goes back to 2004)...client's meds...$29,000.00...$10K helps, but still leaves $15K outstanding...liable party has state minimum limits, $25K, so getting policy limits will be easy...how much UIM does mother have???...also the state minimum, $25K...therefore, cannot use it, because the UIM must be in excess of the liability...if liability $25K and UIM $25K, UIM no pay...
Granted, a $1 million policy would not be used here, but $100K of UIM would have helped...
But what if the $29K in meds had been $50 or 75K???...then, $100K of UIM would not be so helpful...
So, Bob sounds like a broken record...$100K medpay, if your company allows it, $100K/250K basic liability, or whatever your company requires to then add on the 1 million umbrella...for the 99% of accidenst who never need more than $10 grand, minimum works...
But YOU never know if the fool who jits you, or cuts you off, will injure you for $5,000 in meds or $75K in meds...and this is one time that playing the odds of the 99% is foolhardy, simply because there is no way to know if you will be the 1% that are devastated...you could be hit by a motorcycle and barely scratch your paint, or hit by a loaded concrete truck, uninsured, and laid up in the hospital for 3 months, you just do not know...
So, always insure for the max, it is NEVER wasted money...
Are you saying that the other $19K is not the responsibility of the other driver? Go after them.
2014 Malibu 2LT, 2015 Cruze 2LT,
'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
It would be money well spent to at least talk to an attorney who is good at fighting bad charges on traffic citations--one with a known reputation. I recall someone going into civil court with a renowned local attorney and the whispers brought lots of lookey-lews into the court just to see him perform his magic for his client.
2014 Malibu 2LT, 2015 Cruze 2LT,
That being said, how/why are you planning on fighting the ticket? You did say the noise was getting progressively worse and that you thought it best to pull over and await AAA. That, to me, shows that this occurred over some time and you made a choice to utilize the left shoulder. Unless you're in England I'm pretty sure a broken down car doesn't belong there. Take your lumps on the ticket.
Also, whether you are guilty or not for the ticket will likely not effect the other carrier's liability decision -- if this was posted three days after the accident I bet they are done already -- call them up.
My questions are:
1) Do I have any recoarse(s)?
2) Any recommendations?
3) should I get a lawyer, as I believe my vehicle is unsafe?
Just incase there are any background questions, the fire occured May 20, 2006, It's a 2005 Honda CRV LX 2WD (17,900miles)that I bought new in December 2004, The last oil change was performed 25 days before the fire.
If dealership says it is repairable, it is repairable.
When there is a deductible, there is a deductible to be paid to the repairer.
Your fear of driving it is not factual, just emotional and the Comprehensive Coverage doesn't cover irrational fear.
Part of the repair cost is to remove adverse smells of smoke in the cabin. Only you can make sure that happens.
If, after repair, the vehicle bursts in flames again, you would have more reasonable cause to be fearful, but nobody including the insurance company is going to financially support your fear of fire and opinion it is unsafe.
Well meaning friends are not experts in fire damage repairs because they are ignorant of the cleaning process.
You can consult many cleaning firms that deal with Fire, Smoke, & Water damage as they are the experts.
IMO, an attorney will not defend your feelings and fears.
The Honda will be just fine and you will continue to drive it.
It's the same principal when a car has been "totaled",then repaired and placed back on the market. You're looking at depreciation of 20-30%. I believe newcrvguy is due this money. I say sell the car, then sue your insurance company for the difference. Or, it sounds as if you may be able to sue your dealership if they installed the filter inproperly, which led to the fire.
Reason for asking: Dealer requires insurance on my vehicle. I do not drive, but my friend does. If I give my friend permission to use my car to do an errand for me and something happens am I covered.
If this is allowed, what restrictions might an insurance company impose? Thank you.
imadiz: yes, the other party is liable, but we often do not pursue in court due to the expense and unliklihood of collecting...this at-fault driver is 80 years old, driving a 10 year old junker...yeah, he could have a million in his mattress (which we could never get) and could put a judgment against his house, but it is often easier to ask the meds if they might compromise some of their bill...
A couple of things you may consider before heeding this fruitless advice.
A. You are probably lucky that your carrier covered this loss -- as there probably is an exclusion for manufacturer defects and ensuing damage from the same.
B. There is also probably -- nay, CERTAINLY a provision in your policy that states that they do not owe you for, nor can you claim from them any diminished value.
C. A car that has been repaired is not ANYTHING like a car that has been "totalled" then repaired and put back on the market. A large part of the loss in value on a totalled car is due to the necessity in many states that the car now carry a branded title. 5k for fire repairs is not all that much really -- especially considering the immense markup Honda is charging for all of those spanking new engine parts (that they had to put in twice now.)
Now, that being said, you may have a case (albiet a very tough one) against the manufacturer. The thing is, these cases are rarely one by one instance -- but you might do some more research on this happening to other people and band together to bring this issue to bear against Honda.
If you don't want to go that route you may just take your lumps and write off the deductible. I can pretty much assure you your carrier isn't the negligent one in this case -- nor will you likely see another dime out of them once this is repaired (though I would ensure that the smoke smell is gone.)
Good luck -- I'll have to avoid the CRV's
Dimished value would definitley be something I would check with my insurance company. Though it probably wouldn't be worth it to sue them, unless you were wanting another carrier anyhow.
As I've said, CRV's have had a history of catching on fire. Dealerships and Quickie Lube type of service stations have been notified of this by manufacturer.Have the cause of fire investigated. If it's because of a inproper oil filter change...then you've "got a case". :P
In fact, I tend to encourage full investigations into obvious defects such as this -- my point was simply that this is not a small undertaking that JoeBob your local traffic attorney can take on. First, we have a relatively small exposure, then we have extensive expenses that will incur with the investigation (which will likely get nowhere as Honda has certainly done away with the evidence) and finally you'ld need to find an attorney to take this case (one with no evidence, little potential payoff, and long hard hours.) To that end, as I advised, finding other people with likewise issues would begin to make this a win-win situation for both the consumer and the attorney -- and we all know a motivated attorney can make all the difference.
How about a letter to Honda and spearheading a boycott of all Honda products -- I'd have to keep my outboard though, I just can't go for the Mercury stuff.
I have a 17 year old son who, while driving a friend's car (with the permission of the friend -- who was driving MY car), swerved to avoid a deer and ran off the road, doing fairly significant damage to the car. No personal injury and no property damage other than the car. No prior accidents or tickets.
The owner of the car, who is a friend, is being very reasonable, and acknowledges that his son, who requested the car swap, is partly to blame (morally, if not legally). If we don't want to report it to insurance, he's willing to pay some of the repair cost.
My question: does anyone have an idea how large an increase in insurance (in percentage terms, say) I can expect due an accident caused by a 17 year old driver.
Thanks very much,
Bob
-Who's insurance is to cover the damages?
-How much will repairs cost?
After all, we know for a fact that if he did not swerve, and he hit the deer, the damage would approach a total, so the gamble of running off the road may total the car, but may have allowed him to run into a pasture with minimal damage...
As it is, read the last year's worth... you'll get a lot of perspective. As a minimum, search for "frame damage" and "diminished value". Any post with post of those phrases in it is worth reading for someone in your situation.
Good luck,
-Mathias
regards,
Holly
Cost of chargeable crash = +40% to the highest rated vehicle on the policy.
Could someone please advise me on whether or not to file an insurance claim? I just bought my Civic last month so the damage done to my car has peeved me a bit. My car was parked on the street in DC next to my apartment building. Sometime between noon on Sunday 5.28 and 3:30p on Monday 5.29, somebody dropped a metal w/glass top patio table from their balcony onto the trunk of my car. the trunk lid and part of the body is damaged, but the trunk can be opened with some difficulty. I will definitley have to get a paint job done on the area. I don't know who dropped the table or how much it would cost to fix my car. Should I file a claim with my insurance company (Erie Insurance Group)? Since I'm not at fault (I'm not sure if this is a no fault situation or if DC has that), would a claim affect my insurance rates? Should I dust the shattered table for fingerprints to try to find the person at fault (it's still laying next to my car)? Any suggestions/help that i didn't ask for is welcomed. Thanks!