this looks like a comedy of errors...no, I am not going to call you a bad parent, I am quite sure you are a good parent, but made some serious mistakes, some of which may come back to haunt you...
1. Why did you EVER consider letting him drive w/o an adult in the car???...learner's permits, AFAIK, always require an adult...so, if they do take the time to track down his permit by his name and address, he would be cited for driving w/o an adult (your permission is quite meaningless) and, if taken to the extreme, his permit could be revoked and prevented from driving until he is 18...then again, a lazy cop may not do anything and you may slide out of this one by the skin of your teeth...
2. If he lost control in a puddle, why are you even wondering who was at fault???...even if the other driver had no license or no permit, your son lost control...the ticket is not mandatory if he states in the report who was at fault...
3. I would think that the ins co might be more stringent than the cop...they may check his permit (may not, of course) and at that point, they may refuse to pay since he was unlicensed, unpermitted, no adult, and he had YOUR permission to drive, which ought to be a serious policy violation and could cause cancellation...I really would like to know why you broke every rule in the book (what would cause you to think that giving him permission to buy food, even if his permit was valid, was the correct and lawful thing to do???), and seem surprised that Murphy's law has bitten you where it hurts...
4. The only thing I can think of is to offer topay for the other guy's damage, no matter how much, and then pay for yours, both with your hard-earned $$$...you can avoid the ins claim if you pay for it, simple as that...
5. I do not know if the other vehicle was occupied...if yes, bodily injury may come back to haunt you...if not, no problem...
6. Since I would never trust anyone who told me they would pay for damages (in my business, these liars are a dime a dozen), if it was me, I would demand your ins pay the bills, not just to spite you, but folks who offer topay never quite seem to be capable of forking over cash, and I will never accept a check from a stranger...plus, and do not take this personally, but a check from a guy who may not have insurance does not make me feel secure that his check may be good, if you catch my drift...it may not be fair to stereotype, but since I see the folks who have been cheated by bad checks, I would only accept cash, small bills, and I would not let the guy out of my sight until I was paid...
I surely hope for your sake that you never have to stand before a judge and tell them what you told us, because that story could get you and your kid in serious trouble...
If the cop is lazy and the ins is not involved, you could beat this simply by falling thru the cracks and not making an ins claim so they have no need to investigate...
And stop giving your kid your permission to break the law, you have obviously set a great example for him to follow...
And be glad that someone wasn't hospitalized from your son's poor driving, because you might be homeless after someone like me went after you in a lawsuit, because I rarely get slam dunk cases like this, and yours would be a walk in the park for any plaintiff...oh, and I forgot to add punitive damages...I could retire on this one..:):):)
Our car was rear ended when stopped at a red light to make a right turn. This happened two weeks ago in GA where we live. Both cars were towed away. The police was called and the officer gave the other driver a ticket for following too closely.
We filed our claim with our insurance company (21st century). My car was towed to the body shop the dealer recommended. The adjuster went to the shop and came up with an initial estimate of $2700, excluding any hidden damages. Among the things they listed, there were frame repairs, mufflers and bumper etc. We decided to pay our deductible and begin the repair so we can get our car back quickly. The car is still in the shop since additional damages turned up and the shop is coordinating the additional cost with the adjuster.
However, a few days ago, the other insurance (Infinity) left a message with my adjuster saying the other driver defaulted her payment and as a result canceled her policy months ago. My insurance then told me that I can claim against my UM coverage and they'll go after the other driver.
I don't have rent coverage since we have two cars and the second car was rarely driven,so we didn't think we would ever need the coverage. But as it turned out, after sitting there for so long, our second car broke down after several days driving.
We checked our UM coverage and it says it would cover for loss of car usage, but the adjuster doesn't return our calls/emails anymore.
Does any body have any advise for us? Can we just go ahead and rent a car without approval from our adjuster?
Also, I received a check with amount of the initial estimate minus my deductible. however, it says final payment' on the check. Is this normal? Does it mean we have to pay any additional cost out of our pocket?
And is it possible for us to claim diminished value on our car under UM, given it's fairly new and has low mileage? It's a 2004 BMW x5 with 20K mileage.
Any comment or advise would be highly appreciated.
deductible, so it may pay to do that...since UM stands in as the other guy's insurance, I believe that you should receive some $$$ for diminished value...also, if there were injuries, your UM can compensate for pain and suffering, not much, but something is better than nothing...
You now see why I always reco, along with medpay, rental car ins...even with your other car, it only costs $15-20 per YEAR, hardly a cost savings...
I would check with the adjuster before renting a car, altho I believ it should be covered...HOWEVER, they are not required to furnish you with what you have being fixed, so do not rent a BMW for $50/day, if they only authorize $20-25 per day, other wise, you will be hit with a rental bill that will hit when you least need it to happen...
Check says final payment???...I would like to assume that if the body shop is working with the adjuster, there will be more forthcoming...but those words just make me feel uneasy...you could take the check to the body shop, ask them to hold it (they won't release your car until you endorse it, so they have no fear of you not endorsing it, since they will keep your car until you do), and if other checks are forthcoming, either to you or the shop, then I would not worry about "final paymt" on the check...in essence, don't cash the check until you see more $$$ coming your way...
You also need to get a letter from the at fault ins and take it to the police, so she should be issued a ticket for no insurance, I think the fine is $500.00...we need to slam these uninsured folks with fines, as we have too many uninsured drivers here in Georgia, and not enough are being slammed with fines and jail time would be nice...all of us could enjoy lower premiums if everyone was insured against risk, at least on the UM portion of the premium...and the cops will not do it on their own due to...due to...due to...inertia and donuts...so you need to take the letter from Infinity to show proof of uninsured...
If you are dealing with the State Patrol or a County Sheriff in the rural counties, they will have ssens of justice, but too often, the police of Atlanta and metro cities just do not care...until YOU are the bad guy, then they will track you with bloodhounds...:):):):):)
So far you have been VERY lucky: lazy cop, no tickets and no injuries. Count your blessings, call the other guy, pay his damages, don't call your ins co, it could get very nasty for you if they find out you let your unlicensed son drive your car.
Here's what "could" have happened: son lied to the cop, arrested for obstruction of justice if not something else, driving w/o a license, and whatever else the cop can think of. The other guy could have had some serious injuries. Ins co finds out, drops you like a bad habit, denies all claims, you get sued and lose everything. Your son now has a criminal record.
Marsha7 said it best, an easy slam dunk case. So far, you have been very lucky. Don't get greedy and see what damages you can weasel out of. Good luck.
Exact same thing happened to my wife, rear ended by someone who showed the cop a valid ins card, but it turned out she was late with her payment, so the claim was denied. When I called the cop and told him this, he did nothing, grrrr. Luckily the damages were pretty minor, only a few hundred bucks, didn't even meet my deductible, paid for it out of my pocket.
I threatened her will all kinds of lawsuits, but she never paid up.....worthless.
Oh, almost forgot, in Florida UM coverage doesn't pay for damages to your car.
2. Son is NOT specifically excluded by special endorsement on the policy with your signature agreeing to the exclusion.
3. Son is a resident member of the household, thus an Insured and IS insured to drive with or without a license. Having a license is not a warranty to the coverage.
4.If the SUV was occupied, turn the whole accident into your company so they can be notified of a potential Bodily Injury Claim. Fill out the forms factually and honestly without recrimination from anybody. You deserve the best treatment in exchange for your good money you paid for the insurance. Good Luck.
aren't i lucky i dont live anywhere near you /sarcasm
i already said i made a MAJOR mistake, i didnt need to be reprimanded like i was a five year old. every parent has made mistakes, unfortunately i made a big one and i was only asking for advice on how to cover my [non-permissible content removed].
and i basically came to the same conclusion everybody else did: i will not file a claim for my car but instead pay for it out of my own pocket and then i will pay for the other partys damage + maybe an extra 5%, with no insurance involved in any of this. and i highly doubt i will get in any trouble anymore, its been days and no contact from the law and i just cannot see the other party attempting to sue me.
unfortunately if the other party is smart or greedy they can rip me off for a lot of money since there is no way i can go to the insurance company or to the police esp since i have to convince them to drop their claim since they already made one
I don't understand why people are saying he should not call his insurance company, of course he should call and say that he is not filing a claim, especially since his insurance company probably ALREADY called him. furthermore, it seems to me one of the two insurance companies probably found out the kid drove without a license since it takes 2 seconds to look up his record and when they find nothing it becomes even more suspicious. this needs to be taken care of ASAP before the police report comes out unless its already out because if any one of the insurance companies finds out, they can immediately contact the other party in which case Charles is under mercy (literally) of the other party.
3. Son is a resident member of the household, thus an Insured and IS insured to drive with or without a license. Having a license is not a warranty to the coverage.
I didn't know that, thx for clearing it up. That does change things quite a bit.
We have 0 deductible on our UM, and the adjuster knew that before she sent out the check. I think she sent the amount minus our collision deductible because she wanted more information to be sure the other party's insurance status. Anyway, I'll follow your advise and not cash it before I see more coming.
I did take a day off and went to the police to tell them about the uninsured driver. They didn't care. They told me not to worry and my insurance will handle everything! At the moment, I only have a preliminary denial letter from Infinity. They called and said the formal one may be on its way in a few days.
About the rental, I only need something to drive to work. However, the adjuster isn't returning my calls . And I couldn't find anything that's 20/per day even with my membership discount. I hope I can get my car back next week so I only have a few more days to be w/o a car.
As to diminished value, do I ask for it after the car repaire is finished or anytime the adjuster calls me (I think she has to call me sometime down the road)? What document should I prepare before I even ask?
one of the two insurance companies probably found out the kid drove without a license since it takes 2 seconds to look up his record
Just how do you look up a record without a DL number? There is no record to look up.
needs to be taken care of ASAP before the police report comes out
comes out where?? Last I checked, they don't print accident reports in the paper or advertise them on TV. The only way the insurance finds out is if one of the parties contacts them. If neither has made the call, the insurance company doesn't even know anything has happened.
That's exactly why i said to "beg the other party not to contact insurance."
Letting an unlicensed driver take your car is a surefire way to get your insurance to drop you REAL QUICK! So avoiding getting them involved is the best solution.
'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
So avoiding getting them involved is the best solution.
I disagree if the other vehicle was occupied. Not reporting a potential and on going injury to your insurance carrier may cause them to ignore your financial obligation due to violating the policy conditions which require prompt reporting of crashes.
You can report it to them and still not get them involved.
Just letting your insurance company know there was an accident but you are taking care of it between parties is possible and won't necessarily be detrimental. It probably depends on your insurance. I've called mine before just because of those policy conditions you speak of, but when I tell them I'm not filing a claim, their attitude has been "then why are you calling us??"
As long as they don't pay anything, they just don't care. But that's my carrier and what I'm used to dealing with.
'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
Georgia courts have said that a person's damage is the difference in the value of that property (automobile) before and after the accident. The courts have said that efficient repair of any vehicle damaged in an accident may not have returned that vehicle to its pre-accident condition. This has generated an upsurge in diminution in value losses and claims.
QUESTION: I just filed a claim with the other person’s insurance company that hit my car. Don't they owe me diminished value?
ANSWER: In view of our courts' decision, they may owe you diminishment. AS a third party claimant, you will have to initiate the filing of such a claim even though the liability carrier has paid you for the repair of the car. --------------------------------------------------------------------------------- QUESTION: What is the diminution in value claim procedure if I file that claim with my collision carrier?
ANSWER: The determination, per the instruction of our courts, of diminishment must be done by the carrier at the time they estimate cost of repairs of vehicle damage. Such determination could result in evidence of no diminishment.
Above is copied from Georgia insurance commissioner website. Now my question, since I'll be claiming diminished value with my own carrier, under UM tho, am I too late since they've finished the initial estimate and the car is being repaired? Or I can still do so since my carrier stands for the uninsured party when under UM?
forgot...if the cop was a creep, he could charge the boy with making a false statement to a police officer, since he stated he had a license when he didn't...just a lagging thought that struck me...
to go to when the police are unresponsive...maybe the supervisor, chief, or maybe the local paper or investigative reporter for a newpaper..."Major investigation into Police Laziness results in lower premiums for all as tickets finally issued to uninsured drivers for being uninsured...citizens save thousands and court coffers swell with $500 fines"...maybe???
I have a LOT of professional interaction with local law enforcement. When an agency is good (that is, appropriately aggressive), they tend to be good across the board). Sadly, when a department is not so good, it's the same thing.
While one might get some action by yelling up the chain on an individual case, the press is useless as they're not interested in little cases or doing the work necessary to show a pattern of incompetence.
I have to stand behind euphonium on this one -- he is 100% correct. Your carrier, by most policies cannot deny coverage due to an unlicensed driver -- with permissive use -- driving the vehicle. They WILL provide coverage, they owe you that much (they will also raise your rates.)
There may be an issue of misrepresentation if your son is not on your policy -- but it is highly unlikely that a carrier will deny this for a misrep -- there are too many burdens on the carrier to go that route.
Also, whether the police officer wrote tickets, cited fault, whether someone left the scene, or killed three babies at the scene has absolutely NO bearing on the liability for the accident -- only the facts and the evidence (and if it goes to court the baby killing may speak to credibility.)
Personally I suggest you file -- paying oop is never a good idea and can come back to bite all parties involved -- see innjuries, rental, diminishment of value, etc...
My guess is that you file with you carrier, they ask if your son had permission to drive -- if they ask for a drivers license number you can give them the old one -- they are not going to run an MVR on your kid -- if he is not on the policy though, underwriting probably will -- and hike your rates (that'll probably happen anyway for an at-fault) They'll pay for damages to the other car, and yours less your deductible and you will go on your happy way. Really I don't think you have very much to worry about here insurance-wise.
...that if the pros sometimes aren't in exact agreement as to how this stuff is supposed to work, how the heck am I supposed to be able to figure it out?
And how do I know that my insurance agent has got his head around everything?
That's why I read this forum, at least I learn what the issues are. It also strikes me that not unlike car buying, some processes are needlessly complex...
For instance, I got the message about Medpay loud and clear, but I still don't know whether I have it or not... MI being a no-fault state with a catastrophic claims fun, plus me paying some injury protection fee or another, I suppose I am covered... but like I said, it's almost zero fun and quite complicated.
Did get the million-dollar umbrella, though. So I'm getting my money's worth out of this forum, fer sure. Thanks y'all...
I appreciate everybody's help here except for marsha7's and especially lilyowen. However, lilyown, maybe you misinterpreted sometihng: my son never had a license, he only had a learner's permit (adult must be next to him), it expired and so he was driving with NOTHING. And just yesterday the police DID find out that my son drove without a license, and either the officer is REALLY nice or I am just incredibly lucky or both but he mailed us a "citation" for a fine of only 100 dollars and that is it so far. Also, there were NO injuries at the scene - nobody was hurt at all.
I have not called the insurance company yet because I still am undecided what to do and I have until Monday to make up my mind. I did however talk to the coalition people. They never said or asked but I feel that they know my son drove without a license yet they kept asking me to file a claim, saying that they will cover everything. I will go and get my car estimated at both my insurance company and my car's dealership on Tuesday. As for the rates, I still have to call and see what they will be but I can already guess. I told him that I wanted to settle it privately with the other party but he told me not to because it would not benefit me at all, and that its already on record, which seems to make sense.
Right now, it seems like if the estimate for both cars combined is under 2000, I might as well pay out of my own pocket for a few reasons, one of which is there's always the potential for future accidents. However, it seems like if the estimates will be a large amount I might as well get it all covered since there's no other negative consequences I can think of besides increased rates (?). The insurance company won't drop me if they find out the whole license fiasco?
The crash happened. You can't rewind the tape. The insurance company is aware of the crash or will be because of the Financial Responsibility Law requiring them to confirm there was Liability Insurance on the car. By you paying the cost of damage to both cars will not lower your premium, but save the company. Let your insurance company handle it.
Now regarding Marsha7 and Lillyowen; We all read your request for nonjudgemental advice and replies, however, you are not in the position of directing what other experts in their field write. If they feel you deserve what they wrote, they are being forthright and honest due to their professional experience with insurance and insurance law. They called it as they saw it and they are very highly regarded by other insurancesmiths participating on this topic.
steine: if you are in a no-fault state, you probably have medpay's sister, PIP (Persoanl Injury Protection)...it is USUALLY (how's that for a weasal clause?) similar to medpay in that you can have low, medium and high limits of PIP for med bills and such...back in the 80s, up to 1991, GA was no-fault, and many folks carried the minimum of $2500/5000/2500, which translated to: 2500 for med bills and lost earnings (combined, kinda stupid to me)/5000 for the total accident for all injured parties/2500 property damage to the other car...in the 1980s, 2500 would fix most cars ( :):) ), and 2500 would treat most minor injuries, but even then, I had $50K coverage (the max available at the time) because of what I believe and post here today, which is that the minimum just ain't enough...
charles: the reason I posted what I did was just in case you were honestly unknowing of the number of infractions that could come back to bite you in the rear...false statement of your son to the officer could be quite serious if the cop was an SOB; maybe you really did not know that your permission does not suddenly validate his lack of license (esp on a learner's permit which requires an adult at all times), esp when you said he could drive just to buy food, as tho that reason actually mattered...
Your post just seemd to be about "how can I get out of this" and so maybe I thought I was helping by pointing out some errors you may not have known that you may have considered simple oversights when they really could get you in trouble with the law and possibly cost you serious money, whether on your behalf or your kid's...
Please just ignore me, and I will do the same for you...and I certainly apologize for trying to assist, I assure you I will never do THAT again...
I came across your website today and have a question .. My vehicle was stolen last month -- it is a customized 1996 Tahoe -- totally rebuilt, "pimped out" for lack of better wording, a show truck with trophies -- they have not recovered it yet, though I am hoping they will. It's been about 5 weeks.
I had it appraised and the depreciated appraisal value was 30,000.00 in May 2005 -- I have full coverage but the insurance company is offering me 9068.00 -- they said the appraisal is no good because it is not a classic or antique car. This was done by a licensed appraiser -- what recourse do I have ?? Do I need to get an attorney ?? The adjustor said the price is not negotiable.
Any help you can give me would be greatly appreciated.
Here is a link to photos of the truck, I am located in Pennsylvania and have AllState Insurance. My policy states Actual Cash Value, and they will not cover stereo equipment.
You probably should have had stated value coverage. Go talk with an attorney (someone who does lots of insurance work) who can properly evaluate your case. If your claim is weak, s/he should so advise very early on.
What the adjuster says and the truth don't have to match. They have to replace your truck with an equivalent vehicle. You have teh appraisal and you have pictures. Time for hard nose and an attorney.
No, I don't think they "have to replace your truck with an equivalent vehicle". I *believe* they have to replace your truck -- or rather, give you the money needed to replace you truck -- with a standard, garden variety, decent shape 1996 Tahoe.
Cuz that's all you paid insurance for, UNLESS you arranged something different with them. "Stated value coverage" sounds about right. There's a guy named "tegger" who has a 91 Integra in super duper shape, and he jumped through a bunch of hoops in order to get the value straight with the insurance company to get the right coverage. It's all detailed on his web site and you can google it.
I believe that's how you have to do it if you want the proper value for a vehicle that's in any way out of the ordinary.
The premium you paid for Comprehensive is based on the average, typical, & normal 96 Tahoe and not a $30,000 custom.
The premium for the coverage generates their value of $9068. Take it and Run.
Next time, get a stated value policy from a "specialty carrier" who understands your custom vehicle. You don't get a Prime Rib for the price of Hamburger & you paid Hamburger.
such as it is, is that you are standing on shaky ground...if you ONLY had it appraised for $30K, but did not take the appraisal to your insurance so they could charge an increased premium for a 10 year old vehicle, then you are being paid for a 10 year old truck, it is as simple as that...now, if you DID take the appraisal to your ins so they charged you accordingly, than going to a lawyer will be worth it...but, if you have a $100K home, insure it for $100K, then add on $100K improvements and call out an appraiser but do not call out your insurance to modify your premium, when your $200K house burns down you will receive $100K because that is what they have insured...
Further, when these folks "trick out" their cars with $4000 in wheels, $2000 in tires, $10K stereo systems, and their car is totalled or burned, rarely will they be paid back for ANY of that stuff, esp if they tried to beat the system and not pay any more in insurance premiums...kinda amazing, really, the number of folks I see that think that they are beating the system (they ARE until they make a claim...:):):) ) but then scream to holy heaven when they are paid for exactly what they insured and not a penny more...there just ain't no free lunch, I'm afraid...
I had pretty much the same problem trying to trade in a Chevy conversion van. The "books" just don't account for customized add-ons. All the appraisor has to go on is the make/model, year, mileage, manufacturer installed options, and condition of the vehicle. Anything else added on is really difficult to come up with a value. . I ended up selling the van to a private party.
Hi all. Back with another question...and no sugar-coating the answers please :-)
I'm negotiating my claim for an auto accident with the at-fault person's insurance company and I wanted to get some additional paperwork together should negotiations stall. My physiatrist notes in several places in my medical documentation that I have reached maximum medical improvement and that an impairment rating might be needed in the future for a back/neck injury (a relatively small %, but still should factor into negotiations). Yet when I asked the doctor to put that in writing, he said generally he receives a document with questions from the attorney, fills it out and returns it. I'm not working with an attorney and the way things are going now, don't plan to. But I do want my impairment rating in writing. Is there a format to request an impairment rating, does anyone have a link to a standard request for an impairment rating or would someone suggest what I should type up to request my impairment rating?
It seemed like such a basic question to me, particularly because he notes there will be an impairment/permanent disabilty, so I am surprised he is making it so difficult. I'm certainly willing to pay a fee for a report if that's what it takes.
Anyway, some guidance would be appreciated.
And Marsha7, I certainly find your responses helpful :-)
Thank you everyone for your advise. What happened was that in May of 2005 I was run off the road ... no damage, no claim or anything, but a bunch of people told me the same thing -- If I had totaled the Tahoe then the insurance company would only give me book value -- So I called my agent and he was the one who suggested the appraisal. He said as long as I could prove what was on it then it would be covered. That's what I did, got an appraisal. So much for that. The adjuster will not accept it but my policy states I am entitled to appraisals, I pay for mine and they do theirs. Then a third judge would decide -- I guess it would be arbitrated.
I am heartsick over this -- I'm not looking to get rich -- I'm not even looking for the 30K -- I fully expect them to depreciate it by a year and a half -- but I AM expecting more than 9000.00.
euphonium, I'm not sure if I'm paying Prime Rib but I'm paying a heck of a lot more than 'Hamburger' ...
I'm 45 years old, single, have the Tahoe insured full and a 1998 Blazer with just the basics but with full tort on both. My premiums are 522.50 for the Tahoe and 321.28 for the Blazer -- and that is for 6 months ..... no accidents, no tickets, no nothing. Heck, after looking at that I think I AM paying Prime Rib !!
I just may have to sugar coat my answer to this one...but wait...I do not know how to sugar coat anything, since I am a liar...I mean...lawyer...oh, well, here goes...
While there may be a form for impairment rating, one is usually not necessary...all the doctor has to do is write a paragraph, documenting that his opinion is based on the AMA Guides to the Evaluation of Permanent Impairment, 5th Edition (I believe we are up to the 5th, or whatever edition it is), and that your impairment is X%...if it is say, a hand, it will be written as X% impairment of the hand, Y% impairment of the upper extremity, and Z% impairment of the whole body/whole person...usually any rating under 10% whole person is almost worthless, as almost any human being alive can be rated at 5% just for being alive...:):):)...but, if it works for you, go for it...
Do remember that any impairment rating will become part of your permanent MIB file, so, if I was an employer, and you came to me for a job, once I know you have an impairment, I wouldn't hire you to empty ashtrays in a nonsmoking office...you are already documented to be less than "whole"...so, remember, impairment is a two edged sword, and, unless it reaps you many thousands of dollars, sometimes the long term repercussions are not worth a few hundred bucks, IMO...
LOL...too funny Marsha7!! Glad you brought up MIB as I didn't think of that. But I am curious because the posts are a bit unclear and different on this topic...doesn't my back/neck injury already show up on my MIB because I've been to the doctor for those injuries and all bills were submitted through my health insurance? Would requesting an impairment rating show up diffently? I suspect if the injury is going to be there, then it already is and requesting the rating doesn't add to the damage I've already done by submitting my bills through insurance. I did read that the MIB does not contain your full medical notes, just the codes for the type of injury. Do you happen to know? It's very confusing.
And I might know this answer now except when I requested my MIB after my last post, I received a letter that stated no record was found under my name (married and maiden). Hmmmm. There is that gall bladder/short term disability claim that I minimally suspected would show up, but again, I also read they supposedly purge data after 7 years so who the heck knows what is there
It is something to think about though and I might be inclined to only bring it up if the negotiations stall out more than $10K apart and we can't split the difference.
And I'll remember not to apply for a job in your office ! Thanfully I work for a huge company and plan to be chained...ummm, happily employed here...for a very, very, very, very long time. Sigh.
euphonium is correct...your total premium is less than meaningless...what are you paying for each component, and did you insure the vehicle for its appraised value of $30K, or did you just "buy insurance for a 1996 Tahoe" which is a vehicle barely worth $10K, and now you are trying to make a claim for a vehicle appraised at $30K, but not insured for $30K???
If I decked out a 1972 Nova, worth about $200.00, worth 20K in upgrades, appraised it for $20K, but only insured ot as an ordinary car w/o showing the agent the appraisal for $30K, do you think if it was stolen I would get a check for more than $200???
And I was going to mail you an application...:):):)
In my mind, there is a difference between diagnosis codes and impairment...to say you have been treated for back pain is one thing, to state you have a PERMANENT IMPAIRMENT is something else...back pain can be treated, controlled, cured, corrected, whatever...
The entire purpose of an impairment is to state that you now possess and injury which will forever prevent you from being "normal" in that part of your body...
It would be great if the MIB purged every 7-10 years like Equifax Credit reports...but the entire purpose of having a database for preexisting injuries is to go backwards as far as possible to prevent fraud, and also to catch people in honest mistakes...having said that, I am speculating, as I do not know...
Remember, you could have rotten credit 2 years ago, and, with a new, nice job chained to the...I mean happily working at gainful employment, your credit can change radically in just a year or two...but your health conditions can linger forever, and that is the point of impairment ratings, they are a statement of physical deficiencies that are deemed to be permanent, forever, last a long time, eternity, that kind of timeline...:):):)
Marsha7, logically what you say makes sense, which is why I was confused when I read this on their website under consumer FAQ's:
"How does MIB work? MIB is a membership association of approximately 600 companies. When an underwriter at a member company has an applicant with a condition considered to be significant to his or her risk classification, this information is then reported to MIB in the form of a code. MIB does not receive the applicant´s entire medical record. The record is nothing more than a "red flag" to alert an underwriter to look closer. The underwriter must make a determination of whether or not the condition is significant. The record is kept on file for 7 years."
Maybe I'm misreading it or maybe we are talking about another record of medical history, but doesn't that look like it means they only keep the information for 7 years, or is it the application for coverage they are referring to? The whole 7 years thing surprised me the first time I read it and doesn't make any more sense now. Your analysis seems more logical than their own website. Go figure!
Either way, I understand what you are saying. It was just more for my own information than anything and I'm probably getting way off topic here.
I understand what you all are saying, thank you. My premium for my so called "Actual Cash Value" is 241.23 every six months -- with a $100.00 deductible. I took the advice of my insurance agent and got the appraisal for the truck, I did not know a lot about insurance coverage, that's why I asked him questions, and followed his advice. I will definately learn from this, you would think the agents, who SHOULD be more informed, would have loved to sell me additional insurance. By the way, the entire insurance office KNEW that vehicle -- kind of hard to miss ... LOL ! I would never try to abuse the system or try to 'get over' ... I actually thought I had the truck covered ... I guess not.
I ended up calling Corporate Headquarters for Allstate -- I doubt anything will come of it but it sure doesn't hurt to try.
Well, you are raising an important point with the additional facts that you've provided since your initial post: your good faith reliance on your agent to properly insure the vehicle.
You really do need to seek legal counsel here - a simple demand letter might go a long way.
Sounds like a potential claim against your agent if they misinformed you...
BTW, my understanding is that you do not want "stated value" of $30k on a car you expect to get $30k from if it is declared a total loss, you want "agreed value." With stated value, the insurance company will try to renegotiate with you after the loss; with agreed value, they cut you a check for the $30k.
While I agree wholeheartedly with what has been said, at least in principle, I think you may have a point -- though it will be difficult to invoke the appraisal clause without a vehicle.
You were not paying premiums for your vehicle, and were your vehicle damaged likely they would have only covered to a certain amount of the aftermarket parts -- you would have been standing there with little for repairs in that case (seeing your truck -- why you would want to trick out a 96 Blazer is beyond me, but I guess it takes all types.)
However, I would carefully read your policy under DAMAGE TO YOUR VEHICLE -- COMPREHENSIVE COVERAGE -- AND LIMITS OF LIABILITY. Often, under the limits of liability it will indicate that they will pay the ACTUAL CASH VALUE in the event of a total-loss, I would assume the same would hold true for a stolen vehicle, but you need to obtain a copy of your exact policy from your agent for review. You see, custom parts and equipment (see: flame steering wheel, 22 inch rims, LV interior) will often be excluded in excess of a fixed amount for repairs, but in a total situaiton it may very well be included (possibly an oversight, possibly intentional.)
Without seeing your policy it is difficult to say for certain, but that's where I'd start.
As for stated amount policies, that typically just sets a top end for their collision and comp limits, they will still be an ACV policy typically -- it is often a way to rate work vehicles that have a lower ACV due to hard use, or a way that an agent will require you to "self rate" your policy due to underwriting not truly having the ability to rate certain equipment, trailers, classic cars, etc...
I do not know if you can obtain an agreed value policy with any companies for an automobile, though it doesn't seem all that far fetched that you could (I know, a little late now.)
Oh, and thanks for the kind words euphonium -- and as always, Bob, I learn more about UM/PIP/Medpay every day I read this board.
I'm wondering if someone can answer the following *hypothetical* question about how a claim impacts a person's driving record and insurance premiums?
Let's say I'm your average driver with a good driving record in NH and insured with Geico. I am involved in an auto accident where I am 100% at fault and one person in the other vehicle suffers relatively minor car damage, but is injured, has a fair amount of medical bills and files a medical claim as well as a property damage claim against my insurance. Now let's say there are 4 possible outcomes to this scenario:
1. the other person settles a claim with my insurance on their own for $20,000.
2. the other person settles a claim with my insurance for $32,000
3. the other person hires an attorney who settles a claim with my insurance for between $20-$32K OR subtantially more than that...say $45-50K.
4. the other person hires an attorney who can't come to an agreement with my insurance, files a lawsuit and either then comes to a settlement or is forced to go to court to settle the claim.
I probably could have asked it better, but basically if I am the at-fault insured, what impact does the dollar amount of this claim against me have on my driving record, my record with the insurance company and potentially my premiums (think Geico insurance here)? And then what is the impact if an attorney gets involved, if the case is filed in court and if the case actually goes to court?
If the most likely scenarios are that the other person will settle a claim on their own for between $20-30K OR hire a lawyer who will settle the claim without filing or going to court for $25-40K, is the impact the same to me (record, rates, etc.)...or at least negligible? I guess basically is the damage already done regardless of the final settlement amount (within reason) or if an attorney is involved?
Two days ago, I was rear-ended by someone. Not a huge accident, but an accident nonetheless. Since she ran into me, I am not at fault. So should I call my insurance and talk to them and they should take care of everything? or do I call her insurance and talk to them about getting my car repaired?
I am getting mixed input from different people saying that I call my insurance, and they will take care of everything, but from others saying that since it was her fault, I call her insurance cause I do not want to have any kind of claim or report on my insurance file. The problem is, I already talked to my insurance and they opened a claim. I told the lady that since it is not my fault, it shouldn't effect my insurance, and they should contact the other insurance correct? and she said she'll let me know in few days after she gets the police report and etc.
Should I cancel the claim opened on my insurance and just contact the other person's insurance company myself directly? Or do I have nothing to worry about, that my insurance should take care of everything my insurance contacting the other person's insurance?
I would believe that in any of the situations you mentioned, your insurance premiums will go up or possibly you will be cancelled. Whether the final amount is $20K or $50K and regardless of whether they hire a lawyer, damage is already done, leave the final dollar amount up to your insurance.
You could have done either in the beginning, call the other ins. co. and put in a claim or call yours and let them handle it. Since you already called yours, I don't believe it would benefit you to cancel that claim and deal with the other ins. co. Just let them do their job.
Comments
I am most curious as to what state you are in. Here in Ohio, a licensed driver must always accompany someone who has only a learner's permit.
1. Why did you EVER consider letting him drive w/o an adult in the car???...learner's permits, AFAIK, always require an adult...so, if they do take the time to track down his permit by his name and address, he would be cited for driving w/o an adult (your permission is quite meaningless) and, if taken to the extreme, his permit could be revoked and prevented from driving until he is 18...then again, a lazy cop may not do anything and you may slide out of this one by the skin of your teeth...
2. If he lost control in a puddle, why are you even wondering who was at fault???...even if the other driver had no license or no permit, your son lost control...the ticket is not mandatory if he states in the report who was at fault...
3. I would think that the ins co might be more stringent than the cop...they may check his permit (may not, of course) and at that point, they may refuse to pay since he was unlicensed, unpermitted, no adult, and he had YOUR permission to drive, which ought to be a serious policy violation and could cause cancellation...I really would like to know why you broke every rule in the book (what would cause you to think that giving him permission to buy food, even if his permit was valid, was the correct and lawful thing to do???), and seem surprised that Murphy's law has bitten you where it hurts...
4. The only thing I can think of is to offer topay for the other guy's damage, no matter how much, and then pay for yours, both with your hard-earned $$$...you can avoid the ins claim if you pay for it, simple as that...
5. I do not know if the other vehicle was occupied...if yes, bodily injury may come back to haunt you...if not, no problem...
6. Since I would never trust anyone who told me they would pay for damages (in my business, these liars are a dime a dozen), if it was me, I would demand your ins pay the bills, not just to spite you, but folks who offer topay never quite seem to be capable of forking over cash, and I will never accept a check from a stranger...plus, and do not take this personally, but a check from a guy who may not have insurance does not make me feel secure that his check may be good, if you catch my drift...it may not be fair to stereotype, but since I see the folks who have been cheated by bad checks, I would only accept cash, small bills, and I would not let the guy out of my sight until I was paid...
I surely hope for your sake that you never have to stand before a judge and tell them what you told us, because that story could get you and your kid in serious trouble...
If the cop is lazy and the ins is not involved, you could beat this simply by falling thru the cracks and not making an ins claim so they have no need to investigate...
And stop giving your kid your permission to break the law, you have obviously set a great example for him to follow...
And be glad that someone wasn't hospitalized from your son's poor driving, because you might be homeless after someone like me went after you in a lawsuit, because I rarely get slam dunk cases like this, and yours would be a walk in the park for any plaintiff...oh, and I forgot to add punitive damages...I could retire on this one..:):):)
We filed our claim with our insurance company (21st century). My car was towed to the body shop the dealer recommended. The adjuster went to the shop and came up with an initial estimate of $2700, excluding any hidden damages. Among the things they listed, there were frame repairs, mufflers and bumper etc. We decided to pay our deductible and begin the repair so we can get our car back quickly. The car is still in the shop since additional damages turned up and the shop is coordinating the additional cost with the adjuster.
However, a few days ago, the other insurance (Infinity) left a message with my adjuster saying the other driver
defaulted her payment and as a result canceled her policy months ago. My insurance then told me that I can claim against my UM coverage and they'll go after the other driver.
I don't have rent coverage since we have two cars and the second car was rarely driven,so we didn't think we would ever need the coverage. But as it turned out, after sitting there for so long, our second car broke down after several days driving.
We checked our UM coverage and it says it would cover for loss of car usage, but the adjuster doesn't return our calls/emails anymore.
Does any body have any advise for us? Can we just go ahead and rent a car without approval from our adjuster?
Also, I received a check with amount of the initial estimate minus my deductible. however, it says final payment' on the check. Is this normal? Does it mean we have to pay any additional cost out of our pocket?
And is it possible for us to claim diminished value on our car under UM, given it's fairly new and has low mileage? It's a 2004 BMW x5 with 20K mileage.
Any comment or advise would be highly appreciated.
You now see why I always reco, along with medpay, rental car ins...even with your other car, it only costs $15-20 per YEAR, hardly a cost savings...
I would check with the adjuster before renting a car, altho I believ it should be covered...HOWEVER, they are not required to furnish you with what you have being fixed, so do not rent a BMW for $50/day, if they only authorize $20-25 per day, other wise, you will be hit with a rental bill that will hit when you least need it to happen...
Check says final payment???...I would like to assume that if the body shop is working with the adjuster, there will be more forthcoming...but those words just make me feel uneasy...you could take the check to the body shop, ask them to hold it (they won't release your car until you endorse it, so they have no fear of you not endorsing it, since they will keep your car until you do), and if other checks are forthcoming, either to you or the shop, then I would not worry about "final paymt" on the check...in essence, don't cash the check until you see more $$$ coming your way...
You also need to get a letter from the at fault ins and take it to the police, so she should be issued a ticket for no insurance, I think the fine is $500.00...we need to slam these uninsured folks with fines, as we have too many uninsured drivers here in Georgia, and not enough are being slammed with fines and jail time would be nice...all of us could enjoy lower premiums if everyone was insured against risk, at least on the UM portion of the premium...and the cops will not do it on their own due to...due to...due to...inertia and donuts...so you need to take the letter from Infinity to show proof of uninsured...
If you are dealing with the State Patrol or a County Sheriff in the rural counties, they will have ssens of justice, but too often, the police of Atlanta and metro cities just do not care...until YOU are the bad guy, then they will track you with bloodhounds...:):):):):)
Here's what "could" have happened: son lied to the cop, arrested for obstruction of justice if not something else, driving w/o a license, and whatever else the cop can think of. The other guy could have had some serious injuries. Ins co finds out, drops you like a bad habit, denies all claims, you get sued and lose everything. Your son now has a criminal record.
Marsha7 said it best, an easy slam dunk case. So far, you have been very lucky. Don't get greedy and see what damages you can weasel out of. Good luck.
I threatened her will all kinds of lawsuits, but she never paid up.....worthless.
Oh, almost forgot, in Florida UM coverage doesn't pay for damages to your car.
2. Son is NOT specifically excluded by special endorsement on the policy with your signature agreeing to the exclusion.
3. Son is a resident member of the household, thus an Insured and IS insured to drive with or without a license. Having a license is not a warranty to the coverage.
4.If the SUV was occupied, turn the whole accident into your company so they can be notified of a potential Bodily Injury Claim. Fill out the forms factually and honestly without recrimination from anybody. You deserve the best treatment in exchange for your good money you paid for the insurance. Good Luck.
i already said i made a MAJOR mistake, i didnt need to be reprimanded like i was a five year old. every parent has made mistakes, unfortunately i made a big one and i was only asking for advice on how to cover my [non-permissible content removed].
and i basically came to the same conclusion everybody else did: i will not file a claim for my car but instead pay for it out of my own pocket and then i will pay for the other partys damage + maybe an extra 5%, with no insurance involved in any of this. and i highly doubt i will get in any trouble anymore, its been days and no contact from the law and i just cannot see the other party attempting to sue me.
unfortunately if the other party is smart or greedy they can rip me off for a lot of money since there is no way i can go to the insurance company or to the police esp since i have to convince them to drop their claim since they already made one
I didn't know that, thx for clearing it up. That does change things quite a bit.
We have 0 deductible on our UM, and the adjuster knew that before she sent out the check. I think she sent the amount minus our collision deductible because she wanted more information to be sure the other party's insurance status. Anyway, I'll follow your advise and not cash it before I see more coming.
I did take a day off and went to the police to tell them about the uninsured driver. They didn't care. They told me not to worry and my insurance will handle everything! At the moment, I only have a preliminary denial letter from Infinity. They called and said the formal one may be on its way in a few days.
About the rental, I only need something to drive to work. However, the adjuster isn't returning my calls . And I couldn't find anything that's 20/per day even with my membership discount. I hope I can get my car back next week so I only have a few more days to be w/o a car.
As to diminished value, do I ask for it after the car repaire is finished or anytime the adjuster calls me (I think she has to call me sometime down the road)? What document should I prepare before I even ask?
Thanks
Just how do you look up a record without a DL number? There is no record to look up.
needs to be taken care of ASAP before the police report comes out
comes out where?? Last I checked, they don't print accident reports in the paper or advertise them on TV. The only way the insurance finds out is if one of the parties contacts them. If neither has made the call, the insurance company doesn't even know anything has happened.
That's exactly why i said to "beg the other party not to contact insurance."
Letting an unlicensed driver take your car is a surefire way to get your insurance to drop you REAL QUICK! So avoiding getting them involved is the best solution.
'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 disagree if the other vehicle was occupied. Not reporting a potential and on going injury to your insurance carrier may cause them to ignore your financial obligation due to violating the policy conditions which require prompt reporting of crashes.
Just letting your insurance company know there was an accident but you are taking care of it between parties is possible and won't necessarily be detrimental. It probably depends on your insurance. I've called mine before just because of those policy conditions you speak of, but when I tell them I'm not filing a claim, their attitude has been "then why are you calling us??"
As long as they don't pay anything, they just don't care. But that's my carrier and what I'm used to dealing with.
'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
Georgia courts have said that a person's damage is the difference in the value of that property (automobile) before and after the accident. The courts have said that efficient repair of any vehicle damaged in an accident may not have returned that vehicle to its pre-accident condition. This has generated an upsurge in diminution in value losses and claims.
QUESTION: I just filed a claim with the other person’s insurance company that hit my car. Don't they owe me diminished value?
ANSWER: In view of our courts' decision, they may owe you diminishment. AS a third party claimant, you will have to initiate the filing of such a claim even though the liability carrier has paid you for the repair of the car.
---------------------------------------------------------------------------------
QUESTION: What is the diminution in value claim procedure if I file that claim with my collision carrier?
ANSWER: The determination, per the instruction of our courts, of diminishment must be done by the carrier at the time they estimate cost of repairs of vehicle damage. Such determination could result in evidence of no diminishment.
Above is copied from Georgia insurance commissioner website. Now my question, since I'll be claiming diminished value with my own carrier, under UM tho, am I too late since they've finished the initial estimate and the car is being repaired? Or I can still do so since my carrier stands for the uninsured party when under UM?
Thanks for any comments.
While one might get some action by yelling up the chain on an individual case, the press is useless as they're not interested in little cases or doing the work necessary to show a pattern of incompetence.
There may be an issue of misrepresentation if your son is not on your policy -- but it is highly unlikely that a carrier will deny this for a misrep -- there are too many burdens on the carrier to go that route.
Also, whether the police officer wrote tickets, cited fault, whether someone left the scene, or killed three babies at the scene has absolutely NO bearing on the liability for the accident -- only the facts and the evidence (and if it goes to court the baby killing may speak to credibility.)
Personally I suggest you file -- paying oop is never a good idea and can come back to bite all parties involved -- see innjuries, rental, diminishment of value, etc...
My guess is that you file with you carrier, they ask if your son had permission to drive -- if they ask for a drivers license number you can give them the old one -- they are not going to run an MVR on your kid -- if he is not on the policy though, underwriting probably will -- and hike your rates (that'll probably happen anyway for an at-fault) They'll pay for damages to the other car, and yours less your deductible and you will go on your happy way. Really I don't think you have very much to worry about here insurance-wise.
To:Charlesjeon - Please let us all know how this works out for you. Thank you, Euphonium
And how do I know that my insurance agent has got his head around everything?
That's why I read this forum, at least I learn what the issues are. It also strikes me that not unlike car buying, some processes are needlessly complex...
For instance, I got the message about Medpay loud and clear, but I still don't know whether I have it or not... MI being a no-fault state with a catastrophic claims fun, plus me paying some injury protection fee or another, I suppose I am covered... but like I said, it's almost zero fun and quite complicated.
Did get the million-dollar umbrella, though. So I'm getting my money's worth out of this forum, fer sure. Thanks y'all...
-Mathias
I have not called the insurance company yet because I still am undecided what to do and I have until Monday to make up my mind. I did however talk to the coalition people. They never said or asked but I feel that they know my son drove without a license yet they kept asking me to file a claim, saying that they will cover everything. I will go and get my car estimated at both my insurance company and my car's dealership on Tuesday. As for the rates, I still have to call and see what they will be but I can already guess. I told him that I wanted to settle it privately with the other party but he told me not to because it would not benefit me at all, and that its already on record, which seems to make sense.
Right now, it seems like if the estimate for both cars combined is under 2000, I might as well pay out of my own pocket for a few reasons, one of which is there's always the potential for future accidents. However, it seems like if the estimates will be a large amount I might as well get it all covered since there's no other negative consequences I can think of besides increased rates (?). The insurance company won't drop me if they find out the whole license fiasco?
Now regarding Marsha7 and Lillyowen; We all read your request for nonjudgemental advice and replies, however, you are not in the position of directing what other experts in their field write. If they feel you deserve what they wrote, they are being forthright and honest due to their professional experience with insurance and insurance law. They called it as they saw it and they are very highly regarded by other insurancesmiths participating on this topic.
charles: the reason I posted what I did was just in case you were honestly unknowing of the number of infractions that could come back to bite you in the rear...false statement of your son to the officer could be quite serious if the cop was an SOB; maybe you really did not know that your permission does not suddenly validate his lack of license (esp on a learner's permit which requires an adult at all times), esp when you said he could drive just to buy food, as tho that reason actually mattered...
Your post just seemd to be about "how can I get out of this" and so maybe I thought I was helping by pointing out some errors you may not have known that you may have considered simple oversights when they really could get you in trouble with the law and possibly cost you serious money, whether on your behalf or your kid's...
Please just ignore me, and I will do the same for you...and I certainly apologize for trying to assist, I assure you I will never do THAT again...
I had it appraised and the depreciated appraisal value was 30,000.00 in May 2005 -- I have full coverage but the insurance company is offering me 9068.00 -- they said the appraisal is no good because it is not a classic or antique car. This was done by a licensed appraiser -- what recourse do I have ?? Do I need to get an attorney ?? The adjustor said the price is not negotiable.
Any help you can give me would be greatly appreciated.
Here is a link to photos of the truck, I am located in Pennsylvania and have AllState Insurance. My policy states Actual Cash Value, and they will not cover stereo equipment.
http://WWW.villagephotos.Com/pubbrowse.asp?folder_id=1324151
Thank you so so much !
Dawn Bolinsky
Welcome to Allstate.
2014 Malibu 2LT, 2015 Cruze 2LT,
No, I don't think they "have to replace your truck with an equivalent vehicle". I *believe* they have to replace your truck -- or rather, give you the money needed to replace you truck -- with a standard, garden variety, decent shape 1996 Tahoe.
Cuz that's all you paid insurance for, UNLESS you arranged something different with them. "Stated value coverage" sounds about right. There's a guy named "tegger" who has a 91 Integra in super duper shape, and he jumped through a bunch of hoops in order to get the value straight with the insurance company to get the right coverage. It's all detailed on his web site and you can google it.
I believe that's how you have to do it if you want the proper value for a vehicle that's in any way out of the ordinary.
STILL NOT AN EXPERT
-Mathias
The premium for the coverage generates their value of $9068. Take it and Run.
Next time, get a stated value policy from a "specialty carrier" who understands your custom vehicle. You don't get a Prime Rib for the price of Hamburger & you paid Hamburger.
Further, when these folks "trick out" their cars with $4000 in wheels, $2000 in tires, $10K stereo systems, and their car is totalled or burned, rarely will they be paid back for ANY of that stuff, esp if they tried to beat the system and not pay any more in insurance premiums...kinda amazing, really, the number of folks I see that think that they are beating the system (they ARE until they make a claim...:):):) ) but then scream to holy heaven when they are paid for exactly what they insured and not a penny more...there just ain't no free lunch, I'm afraid...
.
I ended up selling the van to a private party.
I'm negotiating my claim for an auto accident with the at-fault person's insurance company and I wanted to get some additional paperwork together should negotiations stall. My physiatrist notes in several places in my medical documentation that I have reached maximum medical improvement and that an impairment rating might be needed in the future for a back/neck injury (a relatively small %, but still should factor into negotiations). Yet when I asked the doctor to put that in writing, he said generally he receives a document with questions from the attorney, fills it out and returns it. I'm not working with an attorney and the way things are going now, don't plan to. But I do want my impairment rating in writing. Is there a format to request an impairment rating, does anyone have a link to a standard request for an impairment rating or would someone suggest what I should type up to request my impairment rating?
It seemed like such a basic question to me, particularly because he notes there will be an impairment/permanent disabilty, so I am surprised he is making it so difficult. I'm certainly willing to pay a fee for a report if that's what it takes.
Anyway, some guidance would be appreciated.
And Marsha7, I certainly find your responses helpful :-)
I am heartsick over this -- I'm not looking to get rich -- I'm not even looking for the 30K -- I fully expect them to depreciate it by a year and a half -- but I AM expecting more than 9000.00.
Thanks again everyone, I really appreciate it.
I'm 45 years old, single, have the Tahoe insured full and a 1998 Blazer with just the basics but with full tort on both. My premiums are 522.50 for the Tahoe and 321.28 for the Blazer -- and that is for 6 months ..... no accidents, no tickets, no nothing. Heck, after looking at that I think I AM paying Prime Rib !!
While there may be a form for impairment rating, one is usually not necessary...all the doctor has to do is write a paragraph, documenting that his opinion is based on the AMA Guides to the Evaluation of Permanent Impairment, 5th Edition (I believe we are up to the 5th, or whatever edition it is), and that your impairment is X%...if it is say, a hand, it will be written as X% impairment of the hand, Y% impairment of the upper extremity, and Z% impairment of the whole body/whole person...usually any rating under 10% whole person is almost worthless, as almost any human being alive can be rated at 5% just for being alive...:):):)...but, if it works for you, go for it...
Do remember that any impairment rating will become part of your permanent MIB file, so, if I was an employer, and you came to me for a job, once I know you have an impairment, I wouldn't hire you to empty ashtrays in a nonsmoking office...you are already documented to be less than "whole"...so, remember, impairment is a two edged sword, and, unless it reaps you many thousands of dollars, sometimes the long term repercussions are not worth a few hundred bucks, IMO...
Sugar coated answer to come any day now...
And I might know this answer now except when I requested my MIB after my last post, I received a letter that stated no record was found under my name (married and maiden). Hmmmm. There is that gall bladder/short term disability claim that I minimally suspected would show up, but again, I also read they supposedly purge data after 7 years so who the heck knows what is there
It is something to think about though and I might be inclined to only bring it up if the negotiations stall out more than $10K apart and we can't split the difference.
And I'll remember not to apply for a job in your office
If I decked out a 1972 Nova, worth about $200.00, worth 20K in upgrades, appraised it for $20K, but only insured ot as an ordinary car w/o showing the agent the appraisal for $30K, do you think if it was stolen I would get a check for more than $200???
In my mind, there is a difference between diagnosis codes and impairment...to say you have been treated for back pain is one thing, to state you have a PERMANENT IMPAIRMENT is something else...back pain can be treated, controlled, cured, corrected, whatever...
The entire purpose of an impairment is to state that you now possess and injury which will forever prevent you from being "normal" in that part of your body...
It would be great if the MIB purged every 7-10 years like Equifax Credit reports...but the entire purpose of having a database for preexisting injuries is to go backwards as far as possible to prevent fraud, and also to catch people in honest mistakes...having said that, I am speculating, as I do not know...
Remember, you could have rotten credit 2 years ago, and, with a new, nice job chained to the...I mean happily working at gainful employment, your credit can change radically in just a year or two...but your health conditions can linger forever, and that is the point of impairment ratings, they are a statement of physical deficiencies that are deemed to be permanent, forever, last a long time, eternity, that kind of timeline...:):):)
"How does MIB work?
MIB is a membership association of approximately 600 companies. When an underwriter at a member company has an applicant with a condition considered to be significant to his or her risk classification, this information is then reported to MIB in the form of a code. MIB does not receive the applicant´s entire medical record. The record is nothing more than a "red flag" to alert an underwriter to look closer. The underwriter must make a determination of whether or not the condition is significant. The record is kept on file for 7 years."
http://www.mib.com/html/mib_faqs.html
Maybe I'm misreading it or maybe we are talking about another record of medical history, but doesn't that look like it means they only keep the information for 7 years, or is it the application for coverage they are referring to? The whole 7 years thing surprised me the first time I read it and doesn't make any more sense now. Your analysis seems more logical than their own website. Go figure!
Either way, I understand what you are saying. It was just more for my own information than anything and I'm probably getting way off topic here.
Hey don't ask me, I just work here...:):):):):)
Bob
I ended up calling Corporate Headquarters for Allstate -- I doubt anything will come of it but it sure doesn't hurt to try.
Thank you all for your advice and input.
You really do need to seek legal counsel here - a simple demand letter might go a long way.
BTW, my understanding is that you do not want "stated value" of $30k on a car you expect to get $30k from if it is declared a total loss, you want "agreed value." With stated value, the insurance company will try to renegotiate with you after the loss; with agreed value, they cut you a check for the $30k.
While I agree wholeheartedly with what has been said, at least in principle, I think you may have a point -- though it will be difficult to invoke the appraisal clause without a vehicle.
You were not paying premiums for your vehicle, and were your vehicle damaged likely they would have only covered to a certain amount of the aftermarket parts -- you would have been standing there with little for repairs in that case (seeing your truck -- why you would want to trick out a 96 Blazer is beyond me, but I guess it takes all types.)
However, I would carefully read your policy under DAMAGE TO YOUR VEHICLE -- COMPREHENSIVE COVERAGE -- AND LIMITS OF LIABILITY. Often, under the limits of liability it will indicate that they will pay the ACTUAL CASH VALUE in the event of a total-loss, I would assume the same would hold true for a stolen vehicle, but you need to obtain a copy of your exact policy from your agent for review. You see, custom parts and equipment (see: flame steering wheel, 22 inch rims, LV interior) will often be excluded in excess of a fixed amount for repairs, but in a total situaiton it may very well be included (possibly an oversight, possibly intentional.)
Without seeing your policy it is difficult to say for certain, but that's where I'd start.
As for stated amount policies, that typically just sets a top end for their collision and comp limits, they will still be an ACV policy typically -- it is often a way to rate work vehicles that have a lower ACV due to hard use, or a way that an agent will require you to "self rate" your policy due to underwriting not truly having the ability to rate certain equipment, trailers, classic cars, etc...
I do not know if you can obtain an agreed value policy with any companies for an automobile, though it doesn't seem all that far fetched that you could (I know, a little late now.)
Oh, and thanks for the kind words euphonium -- and as always, Bob, I learn more about UM/PIP/Medpay every day I read this board.
Let's say I'm your average driver with a good driving record in NH and insured with Geico. I am involved in an auto accident where I am 100% at fault and one person in the other vehicle suffers relatively minor car damage, but is injured, has a fair amount of medical bills and files a medical claim as well as a property damage claim against my insurance. Now let's say there are 4 possible outcomes to this scenario:
1. the other person settles a claim with my insurance on their own for $20,000.
2. the other person settles a claim with my insurance for $32,000
3. the other person hires an attorney who settles a claim with my insurance for between $20-$32K OR subtantially more than that...say $45-50K.
4. the other person hires an attorney who can't come to an agreement with my insurance, files a lawsuit and either then comes to a settlement or is forced to go to court to settle the claim.
I probably could have asked it better, but basically if I am the at-fault insured, what impact does the dollar amount of this claim against me have on my driving record, my record with the insurance company and potentially my premiums (think Geico insurance here)? And then what is the impact if an attorney gets involved, if the case is filed in court and if the case actually goes to court?
If the most likely scenarios are that the other person will settle a claim on their own for between $20-30K OR hire a lawyer who will settle the claim without filing or going to court for $25-40K, is the impact the same to me (record, rates, etc.)...or at least negligible? I guess basically is the damage already done regardless of the final settlement amount (within reason) or if an attorney is involved?
Hope that makes sense...
I am getting mixed input from different people saying that I call my insurance, and they will take care of everything, but from others saying that since it was her fault, I call her insurance cause I do not want to have any kind of claim or report on my insurance file. The problem is, I already talked to my insurance and they opened a claim. I told the lady that since it is not my fault, it shouldn't effect my insurance, and they should contact the other insurance correct? and she said she'll let me know in few days after she gets the police report and etc.
Should I cancel the claim opened on my insurance and just contact the other person's insurance company myself directly? Or do I have nothing to worry about, that my insurance should take care of everything my insurance contacting the other person's insurance?
Thanks.