lol - that could be true. I'm not sure exactly what went on behind the scenes, but ultimatley after everything was all said and done and I finally got my vehicle back, it was in better shape than before the accident - even though I no longer have the vehicle (again I think that story is also posted ) You have some reading to do so get off your lazy butt and get reading :P
I will 2nd the notion that all 4 tires need to be replaced, even if only one was damgaged. This is mostly a Subaru trait. I managed a tire shop for a while and had several customers who owned Subarus and the only way I would put tires on thier vehicles was if I did all 4.
That's a choice you will have to make. Since she didn't offer to pay for a rental and it sounds like you are doing this to avoid an insurance involvment, I don't see anything wrong with going to the 2400 place and using the extra to pay for the rental. Although I would have also have factored in the rental car estimate as well. Here is what I would do if it were me. I would go the 2400 place provided that they are a quality shop. I would use the extra for the rental and then once everything is all done, if there is anything left over out of the 2800, I would give it back.
sounds like there could be "previous" damage fixed just because they would have to in order to blend it with the rest of the vehicle....
I had a truck at one time that was hit in the right front corner. At the time I had 3 alloy wheels and one steel wheel, and it was the steel wheel that was damaged. I ended up with a matching alloy wheel, even though it was obvious the steel wheel was the damaged one. Also the bumper had factory fog lights molded as part of the bumper and one of the fogs had broken out and was missing... well it was also part of the damaged bumper which needed to be replaced entirely. I ened up with a new bumber and fog lights, plus a chrome trimmed grill because they couldn't get one just like my plain jane grill. After it was all said and done, I ened up with a better looking vehicle after the accident, than I had even before the accident. Not that it was an easy process dealing with the body shop (that's a whole different long long story in and of itself and and only mildly related to insurance - only becuase the other's guys insurance picked up the tab for both the truck and my 3 month rental bill ).
I will admit that my wife and I did the very same thing a few years ago when our car was scraped in a parking lot. the car itself was almost 10 years old at that time and while not it showroom condition it also wasn't being held together with duct tape. The scrape left, without denting any fenders, a white scrape of paint down the rear of the car behind the wheel and onto the bumper and tailight.
Thier insurance adjuster came out and did an estimate and a few weeks later we recieved a check in the mail for somewhere in the neighborhood of $800. To look at the car you could definately tell it was there but since no fenders were dented, and no bumpers were hanging off, we decided that the money could be better used elsewhere than to fix a cosmetic scrape. After a while the damage didn't appear to be so bad. It added a little bit of character to the car and since the car was already almost 10 years old, I knew it wouldn't really devalue it very much, nor was I really worried about it devaulueing it anyway since we planned on driving it into the ground. (Although I did go goofy and decided a couple years later to trade it in for a new Impala just because we had a baby on the way... silly me. It was paid off and didn't have a single thing wrong with it except for 90K miles. I am sure that if we had kept it, it would still be on the road today as trouble free as it ever had been. Oh well)
We cashed the check and used the money to pay some bills or something like that. We may have gone out to eat a nice restaraunt (Olive Garden) as well, but mostly I think we used it for bills as it was a much needed windfall for us at the time.
on a car several that I had several cars ago, I had wrecked it against a curbed and took out the passenger front axle and suspension pieces - controls arms, strut etc. But the rest of the car was "fine" - Meaning it had a brand new rebuilt motor. But I was so fed up with it (this was the last straw in a string of incidents with the car), that I called up the junk yard and they gave me $50 bucks for the car.
Now that I think back on it, I probably could have sold it privately for at least $500 maybe more. It probably had about $1000 worth of damage to, but it did have a fresh rebuilt motor... but that's all in retrospect.
And this is what insurance companies love to aruge "fault" over....
They take a look at where collosions happen say in a red light running accident and while the red light runner may have been the one cited, the insurance company may find fault with the other party saying he should have noticed the red light runner and had the party been paying attention, would have stopped and avoided the red light runner...
Not that it always happens, but it can really create a mess of things when insurance companies try to weasle out of paying a claim.
I had an insurance company call me becuase I was listed as a witness to a accident in which the "at fault" insurance was trying to get the other party to pay because they felt the other party may have been traveling to fast or should have been able to prevent the accident by evasive action.
(hoping I'm not beating a dead horse )I'm a nice guy, but I think the guy is being a bit stubbish to expect to be "paid" for his time. So he did do a favor by not going through insurance, but he still would have had to go through the same hassles if not more.
He still would have had to take the car to the repair shop and wait around, or have a rental provided, in which case he would have had to get himself to the rental location (unless Enterprise came to pick him up, or body shop rents cars as well) and that's a hassel if you don't have a car to get to the rental place and then he would have had to wait for a rental vehicle to become available which could be a few minutes to a couple of hours and then by the time he got done signing all the required mumbo jumbo to take the rental car, his car would be done at the body shop and so now he would have to turn around and return the rental, find a way back to the body shop where he could then pick up his car...
Sounds like to me he save himself from a hassle by not going through insurance. I say what most other people say. Get Bent. You agreed to pay for the repair out of pocket. If he expected to be "re-imbursed" for taking the time to get his car fixed then maybe he should have at least mentioned it prior to. Life is full of hassels and unexpected twists. Come to think of it, I loaned my truck to my nieghbor to haul some dirt, but I had to help him unolad it, and then he didn't get enough, so he had to go back the next day and get more... and he had to use my truck. Oh and he also needed to borrow my wheel-barrow to get it from my truck to his back yard. To top it all off, while his wife was riding along, she slid my subwoofer out the way of her feet, yanking out the power cord and blowing the fuse so now I have to replace the fuse and re-connect the power cord. And finally, he forgot to put the seat back where he found it, and so I had to readjust the seat to where I need it to drive. Oh yeah - and when he returned my truck, he forgot the wheel-barrow, so that when I went to use it to haul piles of leaves in my yard, I had to go pick it back up from his house and use my gas to go that 1/2 mile to his house. I think that even though I allowed him to borrow it, because of the hassels I had to go through, I should be compensated for that I didn't agree to. Right?
Bah - this guy should just be thankful that you're even willing to pay the $200. With no insurance info exchanged and such, you could have just given him a fake e-mail and fake address and then never paid up. Now that would have been wrong indeed, but I think paying for the repair satisfies the debt. To be fair and ethical, maybe a little extra would be nice, but the fact that the guy had the gall to say he expected to be compensated would rub me the wrong way. Had he not asked for it and I had been in your position, I might have thrown in a gift card to a nice restaraunt to thank him for not going through insurance.
I know this is a reply to an old post but... (in other forums I would have been okay )... but this reminded me of the last time I was in an accident a few years ago. I was headed back to work after a lunch break and a Chevy Blazer pulled out in front of to make a left hand turn. I unfortunately was unable to avoid him and we collided. The responding officer cited him at fault. Also unfortunatly, his vehicle was still drivable, while mine was a disable wreck in the middle of the road.
The stars above must have been watching me that day because the accident happened right in front of the at-faults insurance agents office. He got to witness the police write up the report and do his inspection right then and there... He even went as far as to call the rental car company for me and let them know I would be coming down. That doesn't happen everytime or everyday, but I that was a lucky break for me since that was the 1st and since the only time I have ever needed insurance, and I being barely married and barely over 21 working at that $7 hr job, I had no clue what to do. I don't even know what kind of insurance I had other than what was required for a vehicle that had a lien on it....
another reply to an old post, and since I haven't read through the posts to the end someone else may have well made the point I am about to and hopefully I don't open another can of worms...
samnc
I remember reading that your car blew it's airbags and recieved a signifcant amount of damage while the other car did not even blow an airbag. Which leads you to believe she was speeding which cannot be proven or disproven. You mention your car is a Nissan Versa. A very SMALL and NEW car. As such it is designed to crush and crumple and absorb the energy expended in a crash. Even minor crashes can cause significant damage and the air bag sensors are more sensitive. Even a slight bump in the right place can trigger an airbag deployment.
The car that hit you was an older model LINCOLN. Even if it was a Continental and not a Town Car, the older models were fairly LARGE cars, and they were not designed to crumple like your Versa is. If it was a Town Car, there is enough steel in that car to mold about 4 Versas. Just like Doc to Martly McFly in Back to the Future II "Marty, he in a '49 Ford, we're in a Delorean. He'll rip through us like tin foil." Same principle applies here. Small car designed to crumple verus large car not designed to crumple. One of them is going to be ripped through like tin foil and it ain't going to be the Lincoln.
If you are trying to prove the Lincoln was speeding and it was speeding that caused the damage to your Versa, then I say good luck to you. I say it is a matter of physics and that even if the Lincoln wasn't speeding and following the speed limit, it still would have caused significant damage to your car.... Leaving you still at fault. You still have no way of proving the Lincoln was speeding, which based on what you said and the amount of damage reported for both vehicles, I don't think it was. You've been told enough to suck it up and take responsibility for your actions.
If it was indeed an honest mistake and that you didn't see the car and "accidentally" turned in front of the Lincoln, well that is why you have insurance. Accidents happen. Such is life. Why does this have to be dragged out and the blame laid on the Lincoln driver?
Now that Titan is trying get out of paying the claim, I would probably find an easier route that doesn't involve them.
I would first go to the couple and show them the body shop estimate. It would be good to have 2 estimates from different companies to make sure the guy is getting a fair deal. I would then ask to have them pay that amount and then have the car fixed.
If they don't/can't or for whatever reason decide not to pony up the cash, (maybe they can't afford 1200 out of pocket), let them know that you are going to fight the claim against Titan and if that doesn't bode well, then you will file with your insurance company and they will go after Titan.
The consequences of have thier insurance cover the claim is that Titan will either drop them or jack their rates sky high which is not your problem so I wouldn't worry about that. But they should know those consequences anyway and it was his lapse of judgement to allow her to drive the car and it's unfortunate that an accident happened. Now he shouldn't be punished unduely for his lack of judgement but some consequence is going to be involved.
No matter what you do it is within your right (or your GF's right anyway) to have the car fixed properly. How it is fixed can all be determined by the choice the at fault party makes at this point... since you seem to want to remain good nieghbors anyway. I don't see any reason to take it any further (yet).
I think that is what is being said -- your insurance was in force at the time of the accident. Therefore, they are bound to cover anything related to the accident regardless if you switch companies later on...
I did a test once to see how my following distances stacked up against the 2 and 3 second rules of thumb...
I notice that on the back of semi's there are usually warning that say "if you can't see my mirrors, I cant see you", or "stay back 300' feet".
300 feet?? That is a whole football field I thought to myself and knowing how long a football field seems, I thought this might be "too much" room. While that is indeed a ton of room, I have actually now started to try and follow that rule. The 2 and 3 second rule only leave about 150 feet or so and when you factor in reaction times and braking distances, that really doesn't seem like a lot. So now I try and leave between 150 feet and the 300 feet. I find that it puts be a comfortable distance behind other vehicles. If traffic gets congested, then it's a different story, but I still try and remain as far back as I can while still maintaining highway speed.
in all seriousness, that is why a lot of people advocate keeping a disposable camera next to your insurance card... not that I follow that advice, but it is good advice and those disposable camera do take decent enough photos to be viable. Better than most cell phone cameras in any case and better than having to remember to carry a "real" digital and expensive camera around...
and then they can roll even further backward while trying to get it started again ;D...
although I do remember my first days of learning to drive a stick on an old Datsun pickup... clutch so worn out you didn't even need to use it except to get into reverse or first....
Several weeks ago I came here looking for advice on how to fight Farmers Insurance. Based on what I was told here and over at Craigslist.com, I took on Farmers and I won.
Briefly I was hit by a red light runner back in April. After three weeks of waiting on Farmers (the insurance company of the lady who hit me) to call, they finally did and said they were totaling my car, taking it and giving me only $6,400 for it. Repair estimate was $9,500. Bluebook on the car was about $6,400.
For two weeks I argued with them and they would not budge. The $4,500 I had invested in the car during the month before the accident was of no concern to Farmers. They said that the new tires that were five days old when I was hit didn't add any value whatsoever to the car. On and on it went.
I then was advised by a couple of people to sue the lady who hit me. I did that in small claims court. In California the maximum one can get is $7,500. Shortly after the papers were served on the lady Farmers called and offered to settle the claim for $7,500. The legal department of Farmers told me they had no interest in the car and I could keep it.
So I didn't get the entire amount that it will take to fix the car but I got $1,100 more than they wanted to give me and I get to keep the car with a clean title.
Lesson learned? Sue the idiots. It's the only incentive that will get their attention.
So, you took Shifty's advice and settled... congrats. I probably would have countered there offer by an extra $500, probably could have squeezed them for a few more pennies. But, you won and got to keep the wreck. If you part it out that's at least another couple grand.
Now, aren't you glad you listened to me, and not the "life is too short" crowd? :P
At the end of May, my stepson got married. Daughter in law inherited a '97 Camry with 130K on the odometer from her older brother. To the best of my knowledge, the car was on her parents' insurance policy.
They move in together, about 200 miles from where she lived. Two weeks ago, she was hit (details are unclear) by another car. Police report clearly states that the other party was at fault. Damage is to both doors on the drivers side, but car is driveable.
We since find out that her parents dropped insurance coverage on her car (date unknown), and the newly married couple haven't yet activated insurance on it. The son's car ('01 Saturn L200) is currently covered on a policy through Progressive.
Utah is a no-fault state.
They have had contact with the other driver's insurance company (Nationwide?), but there hasn't been any movement on this issue. I've suggested to him that they, at the very least, get an estimate for bodywork on the Camry.
Any other thoughts as to how they should proceed with this? I've suggested that he call Nationwide and ask why they haven't sent out an adjuster, but this was before I found the no-fault provisions. If she was driving an uninsured car at the time of the accident, does she have any recourse, even if the other party was indicated to be at fault?
EDIT: kbb.com shows this car, in 'fair' condition, to have a private party sale value of just over $3200. What guides do the insurance companies use to determine value, and what percentage is used to figure if the car should be totaled?
No-fault is kind of a misnomer.. If the other driver is at fault, then their insurance should pay for her damages...
But, without an insurance company to back her up, they will drag their feet... I wouldn't be surprised if she has to get a lawyer..
A trip to small-claims court, suing the other driver might seem like a good option, if the insurance company isn't forthcoming... (SEE ABOVE...lol)
EDIT: The issue of driving without insurance may come up... Don't be surprised if the other insurance company turns her in... or, if she gets cited, once that comes out in small claims court.
First off, no fault does not apply as that covers the first $xxxx amount of medical injuries, each state differs on the dollar amount. So all she has is the damage to her car.
Second, the Saturn may not be covered if his address hasn't been changed with the ins. co., they can be finicky about that, especially if he's in a serious wreck, get on the phone with them NOW if it hasn't already been done.
I would get an estimate. If the estimate is within about 80% of the appraised value, then it will be totalled. There's usually some fudge factor involved so be reasonable but firm. Sounds like it's still a nice car with gas prices the way they are, so try to resist them totalling it out.
Sometimes ins. cos. can drag their feet, but if you already have a claim number, then be persistent and tell them what you expect.
What is the date of when the Bride took title or when did she legally own the Camry?
If the crash happened within 30 days of that date, following the marriage, Progressive is insuring the Camry for the same coverages as on the Saturn. Read Newly acquired automobiles section of Grooms policy. The acquisition took place as a result of the Grooms marriage & he has 30 days automatic coverage in which to report the addition of another vehicle. Not 30 days from the marriage date, but 30 days from whence the Bride took title.
I have a question. I had never had a ticket until a couple of days ago when I rear-ended someone. It was my fault no major trauma at all. My insurance is Progessive and is paying the "victim" 100%. I used to have allstate but hired an agent because I wanted someone to handle all my properties and all my vehicles in one place, one person. When I contacted my agent I liked her. She asked about what all I wanted and I gave her all my current policies because that is what I wanted. I had never dealt with insurance my hubby always took that on. So I was new to this. She took my policies from other places and carried them over. When I got into this accident I called her to ask again what my deductible was. To make a long story short she failed to cover my car with full coverage-no collision. This is the car I drive everyday with my 2 year old. This is a farily new car that is paid for. Why on earth would I have full coverage on another truck that is paid for and a travel trailer that is recreational but not mine. Anyway, shouldn't she be liable and partially at least 50% responsible for the damages? I know I should have read my policy, but isn't this what an agent is for. She told me over the phone at the scene that she simply went by my old policy I had from Allstate. I checked my old one out when I got home and I had full coverage on my car. What should I do? I immediately added collision and comprehensive the next day, and it is in the shop now, but what actions can I take for her irresponsibilty?
She told me over the phone at the scene that she simply went by my old policy I had from Allstate. Which I looked up and had full coverage--would that be proof enough? or no?
No (with one possible exception noted below), the thing that matters here is what the declaration of coverage from Progressive says. It was your responsibility to read it when you received it.
Now, if you just (within the past few days) switched and have yet to receive anything from Progressive, well, that's another matter.
Who's to say whether the Progressive agent was "irresponsible[?]" It may have been a clerical error somewhere along the line - again pointing out the critical need for the insured to double-check things.
After all, you should have read your declarations page. Heck, the agent could have put down many extras you didn't want and also may have not given you any discounts you were entitled too. Sorry to be the bearer of bad news, but you should have double checked your agent.
Now I certainly would come down on the agent as they REALLY messed up.
is concerned, I don't think you have many avenues of recourse...but, if this agent works for an agency, I would bring it to their attention that she said she "duplicated" your existing coverage, and then show the Allstate policy with collision and see what they do...probably nothing, but you will make your point when you take your business elsewhere...
You might also send a letter to the agency with a "cc" to Progressive, noting the error, explaning why you willl take your business elsewhere...it may make the point...
You ARE responsible for check your own dec sheet, but the fact that she wrote a policy that included collision for 2 vehicles but not the newest seems ridiculous...
But if Progressive does not offer anything, do not be surprised...you MUST check your policy simply because of clerical errors...
BTW, you MAY have a leg to stand on if you instructed the agent IN WRITING to duplicate your coverages, but if it was a phone conversation, and she does not admit to the contents as you remember them, get out your checkbook and pay for the damages...
In person, ask to see the agent's copy of the application to the company. The agent's app may have included collision. If so, the company is on it.
If the agent's app does not include collision, ask them who their carrier is for "Agents Errors and Omissions" insurance. That your immediately preceeding policy included collision and that your agent had knowledge of those coverages, it is my opinion you have a very strong case against the agency's E & O insurance. The retention (deductible) of that policy will shape the attitude of the agency principal as to how he will excercise his responsibility for his employees negligence. That you are obligated to read your policy is trumped by your having presented the former policies to the agency for coverage.
Bottom Line is the cost of repair should be bourne by either Progressive or their agency, under the laws of agency. Don't compromise and stand firm. :mad:
I agree with you on this. Insurers do not like to be taken to court as most jurors feel sympathy for the insured. It was a little unsure to me whether she had collision at all or if she had collision but with a deductible.
She was given a copy of my old policy which had my vehicle covered 100%. I think she either omitted it to make the quote smaller or just plain forgot it. At the scene I had her on the phone. I had just gotten off the phone with my husband who asked if our ded was 1750 and I said I was waiting for her to call me back for she was with a client in her office. When she did call me back I asked her and she proceeded to say I didn't have collision just liability that our truck had collision with a 1750 deductible. I of course was shocked and said what I have always had full coverage. She said and I quote, "I just went my your old Allstate policy." It wasn't until I got home that I luckily had my old Allstate policies and saw that I did in fact have full coverage. I am going after her. I am not trying to blame anyone 100% because I do believe I should have read the papers which I normally do. I have a tremendous amount of things going on and that isn't an excuse just life. I do believe that in this particular case she should at least be 50% accountable for this. That is all I am saying. Thanks for all your advice good and bad. I am just very upset. Yes I have my checkbook ready in case, but I don't feel I am 100% to blame. I thought this is why you have an agent, to take care of your needs. I could have just gone and gotten the insurance myself and then I wouldn't have anyone to blame but me.
I would try to reason with her at first by simply producing the old policy and reminding her of her words. IMO you should not offer to pay half or anything at all. Go for all of it as it is her mistake, not yours.
Before a company appoints an agent to represent them, one of the many questions to be answered in writing is: Name of E & O Carrrier, Term of policy, Limits of Liability, and Retention, & Policy Number. This information is always verified by the company because under the laws of agency, the company's agent acts for the company & when the agent goofs, the company pays and then subrogates against the agent's E & O carrier.
"You want an appointment with us? Have E & O Insurance."
That some states require this coverage is also consumer good.
Wow! I am learning alot. Yes I have had this policy for 1 year this September. It will be the first claim. I haven't gone after the agent yet for I have been waiting for the proper steps to take place. I was told to make sure I have the denial letter from the actual ins co denying the claim which I now have in my hands. So tomorrow I will be giving my agent a call. I will update on what happens.
As a licensed insurance broker, I'd like to clarify a couple of things. Yes, the agent you worked with no doubt has insurance to protect themselves from this type of screwup. No, it is not required by law. Rather their insurance company appointments require it.
This type of coverage, errors & omissions liability, normally has some significant deductibles. Usually $5,000 is the lowest. Of course I don't know if that applies to your agent. In fact, their deductible could be even higher.
But my point is that you need to deal firmly with the owner(s) of the agency. Threats of lawsuits will get you nowhere. Simply point out that it was their mistake and you feel it's reasonable that they step forward and take care of the matter. Assuming they have a strong relationship with Progessive they might even get the carrier to retroactively take on the claim. Doubtful but possible.
At the end of the day, it is YOUR responsibility to ensure that your policies are accurate and up to date. But in this case your agent was given specific instructions and had evidence of what was needed. At the very least, as a new customer they should have gone over your policies with you when they were issued to ensure no errors. Your agent makes money on your business. Expecting them to provide service in return is not unreasonable.
And finally, regardless of what happens, find a new agent. Your relationship with this agency is tainted and will never be perfect. A fresh start with another agent who knows the problems you've had before is the only way to go. Ask your friends and family for references. Don't just look in the phone book.
Good post and good advice, however in every state where I have done business, insurance agents are regulated and licensed by that particular states Dept. of Insurance. In all these states the Insurance Department requires you to have E&O insurance with at least a $500,000. limit in order to obtain and maintain your insurance license.
I believe you are confusing agents with managing general agents and agencies. Not one of the 22 states where I have agents licensed has required E&O, or even a bond. Managing general agents generally require a bond. Agencies usually require a large bond.
OTOH, every carrier (insurance company) has required the agency to have E&O. Never had the carrier require the agent to obtain it unless writing surplus lines. But our agents do not issue binders/policies so YMMV.
has E&O, and the agent works for the agency, then the agent should be covered, I would think, just like nurses do not have their own malpractice policy, but, as employees of the hospital, they are covered for malpractice...or have I just blundered into the wrong area again???
Rating E & O for an agency considers variable factors such as $ Premium Volume, number of licensed agents, number of CSR's, & CE requirements of the agency. So the individual licensed agent is under the agency's E & O policy.
Hospital nurses and pharmacists are usually covered for MP as you suggest.
After my wife retired, we decided she would not be a relief pharmacist, as she would have to carry her own MP policy & making only $50/ hour is not worth risking our assets.
Maybe I could take a class or two from you and fill in all those gaps in my meager knowledge...I always appreciate anyone who can teach me a thing or two (or three, or four...)
Hi, Interesting you mention taking a class because it is I who have learned from others and especially you. When Education Chairman for our local group of the Big I it was interesting to have visiting speakers from other associations and companies present their knowledge on a wide variety of insurance subjects.
Today CE is via the internet and much more efficient, but not as much fun or personal.
Hey anybody I just found out my vehicle which was hit by a storm a few weeks ago, is deemed total loss. Its a 2000 5speed nissan sentra with over 123K's on it. I got the value from the ins. agent and I just don't know if its enough. Sure it covers my loan since I was still paying on it, but the balance (after they pay it off)is not enough to get another vehicle, and I need one. I dont want to finance again, I'd like to just buy another used one instead but is there a way to know if the ins. co. is giving me a fair share? is there any way to know this?
Comments
I had a truck at one time that was hit in the right front corner. At the time I had 3 alloy wheels and one steel wheel, and it was the steel wheel that was damaged. I ended up with a matching alloy wheel, even though it was obvious the steel wheel was the damaged one. Also the bumper had factory fog lights molded as part of the bumper and one of the fogs had broken out and was missing... well it was also part of the damaged bumper which needed to be replaced entirely. I ened up with a new bumber and fog lights, plus a chrome trimmed grill because they couldn't get one just like my plain jane grill. After it was all said and done, I ened up with a better looking vehicle after the accident, than I had even before the accident. Not that it was an easy process dealing with the body shop (that's a whole different long long story in and of itself and and only mildly related to insurance - only becuase the other's guys insurance picked up the tab for both the truck and my 3 month rental bill
Thier insurance adjuster came out and did an estimate and a few weeks later we recieved a check in the mail for somewhere in the neighborhood of $800. To look at the car you could definately tell it was there but since no fenders were dented, and no bumpers were hanging off, we decided that the money could be better used elsewhere than to fix a cosmetic scrape. After a while the damage didn't appear to be so bad. It added a little bit of character to the car and since the car was already almost 10 years old, I knew it wouldn't really devalue it very much, nor was I really worried about it devaulueing it anyway since we planned on driving it into the ground. (Although I did go goofy and decided a couple years later to trade it in for a new Impala just because we had a baby on the way... silly me. It was paid off and didn't have a single thing wrong with it except for 90K miles. I am sure that if we had kept it, it would still be on the road today as trouble free as it ever had been. Oh well)
We cashed the check and used the money to pay some bills or something like that. We may have gone out to eat a nice restaraunt (Olive Garden) as well, but mostly I think we used it for bills as it was a much needed windfall for us at the time.
Now that I think back on it, I probably could have sold it privately for at least $500 maybe more. It probably had about $1000 worth of damage to, but it did have a fresh rebuilt motor... but that's all in retrospect.
They take a look at where collosions happen say in a red light running accident and while the red light runner may have been the one cited, the insurance company may find fault with the other party saying he should have noticed the red light runner and had the party been paying attention, would have stopped and avoided the red light runner...
Not that it always happens, but it can really create a mess of things when insurance companies try to weasle out of paying a claim.
I had an insurance company call me becuase I was listed as a witness to a accident in which the "at fault" insurance was trying to get the other party to pay because they felt the other party may have been traveling to fast or should have been able to prevent the accident by evasive action.
He still would have had to take the car to the repair shop and wait around, or have a rental provided, in which case he would have had to get himself to the rental location (unless Enterprise came to pick him up, or body shop rents cars as well) and that's a hassel if you don't have a car to get to the rental place and then he would have had to wait for a rental vehicle to become available which could be a few minutes to a couple of hours and then by the time he got done signing all the required mumbo jumbo to take the rental car, his car would be done at the body shop and so now he would have to turn around and return the rental, find a way back to the body shop where he could then pick up his car...
Sounds like to me he save himself from a hassle by not going through insurance. I say what most other people say. Get Bent. You agreed to pay for the repair out of pocket. If he expected to be "re-imbursed" for taking the time to get his car fixed then maybe he should have at least mentioned it prior to. Life is full of hassels and unexpected twists. Come to think of it, I loaned my truck to my nieghbor to haul some dirt, but I had to help him unolad it, and then he didn't get enough, so he had to go back the next day and get more... and he had to use my truck. Oh and he also needed to borrow my wheel-barrow to get it from my truck to his back yard. To top it all off, while his wife was riding along, she slid my subwoofer out the way of her feet, yanking out the power cord and blowing the fuse so now I have to replace the fuse and re-connect the power cord. And finally, he forgot to put the seat back where he found it, and so I had to readjust the seat to where I need it to drive. Oh yeah - and when he returned my truck, he forgot the wheel-barrow, so that when I went to use it to haul piles of leaves in my yard, I had to go pick it back up from his house and use my gas to go that 1/2 mile to his house. I think that even though I allowed him to borrow it, because of the hassels I had to go through, I should be compensated for that I didn't agree to. Right?
Bah - this guy should just be thankful that you're even willing to pay the $200. With no insurance info exchanged and such, you could have just given him a fake e-mail and fake address and then never paid up. Now that would have been wrong indeed, but I think paying for the repair satisfies the debt. To be fair and ethical, maybe a little extra would be nice, but the fact that the guy had the gall to say he expected to be compensated would rub me the wrong way. Had he not asked for it and I had been in your position, I might have thrown in a gift card to a nice restaraunt to thank him for not going through insurance.
The stars above must have been watching me that day because the accident happened right in front of the at-faults insurance agents office. He got to witness the police write up the report and do his inspection right then and there... He even went as far as to call the rental car company for me and let them know I would be coming down. That doesn't happen everytime or everyday, but I that was a lucky break for me since that was the 1st and since the only time I have ever needed insurance, and I being barely married and barely over 21 working at that $7 hr job, I had no clue what to do. I don't even know what kind of insurance I had other than what was required for a vehicle that had a lien on it....
samnc
I remember reading that your car blew it's airbags and recieved a signifcant amount of damage while the other car did not even blow an airbag. Which leads you to believe she was speeding which cannot be proven or disproven. You mention your car is a Nissan Versa. A very SMALL and NEW car. As such it is designed to crush and crumple and absorb the energy expended in a crash. Even minor crashes can cause significant damage and the air bag sensors are more sensitive. Even a slight bump in the right place can trigger an airbag deployment.
The car that hit you was an older model LINCOLN. Even if it was a Continental and not a Town Car, the older models were fairly LARGE cars, and they were not designed to crumple like your Versa is. If it was a Town Car, there is enough steel in that car to mold about 4 Versas. Just like Doc to Martly McFly in Back to the Future II "Marty, he in a '49 Ford, we're in a Delorean. He'll rip through us like tin foil." Same principle applies here. Small car designed to crumple verus large car not designed to crumple. One of them is going to be ripped through like tin foil and it ain't going to be the Lincoln.
If you are trying to prove the Lincoln was speeding and it was speeding that caused the damage to your Versa, then I say good luck to you. I say it is a matter of physics and that even if the Lincoln wasn't speeding and following the speed limit, it still would have caused significant damage to your car.... Leaving you still at fault. You still have no way of proving the Lincoln was speeding, which based on what you said and the amount of damage reported for both vehicles, I don't think it was. You've been told enough to suck it up and take responsibility for your actions.
If it was indeed an honest mistake and that you didn't see the car and "accidentally" turned in front of the Lincoln, well that is why you have insurance. Accidents happen. Such is life. Why does this have to be dragged out and the blame laid on the Lincoln driver?
Now that Titan is trying get out of paying the claim, I would probably find an easier route that doesn't involve them.
I would first go to the couple and show them the body shop estimate. It would be good to have 2 estimates from different companies to make sure the guy is getting a fair deal. I would then ask to have them pay that amount and then have the car fixed.
If they don't/can't or for whatever reason decide not to pony up the cash, (maybe they can't afford 1200 out of pocket), let them know that you are going to fight the claim against Titan and if that doesn't bode well, then you will file with your insurance company and they will go after Titan.
The consequences of have thier insurance cover the claim is that Titan will either drop them or jack their rates sky high which is not your problem so I wouldn't worry about that. But they should know those consequences anyway and it was his lapse of judgement to allow her to drive the car and it's unfortunate that an accident happened. Now he shouldn't be punished unduely for his lack of judgement but some consequence is going to be involved.
No matter what you do it is within your right (or your GF's right anyway) to have the car fixed properly. How it is fixed can all be determined by the choice the at fault party makes at this point... since you seem to want to remain good nieghbors anyway. I don't see any reason to take it any further (yet).
I notice that on the back of semi's there are usually warning that say "if you can't see my mirrors, I cant see you", or "stay back 300' feet".
300 feet?? That is a whole football field I thought to myself and knowing how long a football field seems, I thought this might be "too much" room. While that is indeed a ton of room, I have actually now started to try and follow that rule. The 2 and 3 second rule only leave about 150 feet or so and when you factor in reaction times and braking distances, that really doesn't seem like a lot. So now I try and leave between 150 feet and the 300 feet. I find that it puts be a comfortable distance behind other vehicles. If traffic gets congested, then it's a different story, but I still try and remain as far back as I can while still maintaining highway speed.
although I do remember my first days of learning to drive a stick on an old Datsun pickup... clutch so worn out you didn't even need to use it except to get into reverse or first....
Briefly I was hit by a red light runner back in April. After three weeks of waiting on Farmers (the insurance company of the lady who hit me) to call, they finally did and said they were totaling my car, taking it and giving me only $6,400 for it. Repair estimate was $9,500. Bluebook on the car was about $6,400.
For two weeks I argued with them and they would not budge. The $4,500 I had invested in the car during the month before the accident was of no concern to Farmers. They said that the new tires that were five days old when I was hit didn't add any value whatsoever to the car. On and on it went.
I then was advised by a couple of people to sue the lady who hit me. I did that in small claims court. In California the maximum one can get is $7,500. Shortly after the papers were served on the lady Farmers called and offered to settle the claim for $7,500. The legal department of Farmers told me they had no interest in the car and I could keep it.
So I didn't get the entire amount that it will take to fix the car but I got $1,100 more than they wanted to give me and I get to keep the car with a clean title.
Lesson learned? Sue the idiots. It's the only incentive that will get their attention.
Thanks to all for your help and advice.
Now, aren't you glad you listened to me, and not the "life is too short" crowd? :P
They move in together, about 200 miles from where she lived. Two weeks ago, she was hit (details are unclear) by another car. Police report clearly states that the other party was at fault. Damage is to both doors on the drivers side, but car is driveable.
We since find out that her parents dropped insurance coverage on her car (date unknown), and the newly married couple haven't yet activated insurance on it. The son's car ('01 Saturn L200) is currently covered on a policy through Progressive.
Utah is a no-fault state.
They have had contact with the other driver's insurance company (Nationwide?), but there hasn't been any movement on this issue. I've suggested to him that they, at the very least, get an estimate for bodywork on the Camry.
Any other thoughts as to how they should proceed with this? I've suggested that he call Nationwide and ask why they haven't sent out an adjuster, but this was before I found the no-fault provisions. If she was driving an uninsured car at the time of the accident, does she have any recourse, even if the other party was indicated to be at fault?
EDIT: kbb.com shows this car, in 'fair' condition, to have a private party sale value of just over $3200. What guides do the insurance companies use to determine value, and what percentage is used to figure if the car should be totaled?
But, without an insurance company to back her up, they will drag their feet... I wouldn't be surprised if she has to get a lawyer..
A trip to small-claims court, suing the other driver might seem like a good option, if the insurance company isn't forthcoming... (SEE ABOVE...lol)
EDIT: The issue of driving without insurance may come up... Don't be surprised if the other insurance company turns her in... or, if she gets cited, once that comes out in small claims court.
Edmunds Price Checker
Edmunds Lease Calculator
Did you get a good deal? Be sure to come back and share!
Edmunds Moderator
Second, the Saturn may not be covered if his address hasn't been changed with the ins. co., they can be finicky about that, especially if he's in a serious wreck, get on the phone with them NOW if it hasn't already been done.
I would get an estimate. If the estimate is within about 80% of the appraised value, then it will be totalled. There's usually some fudge factor involved so be reasonable but firm. Sounds like it's still a nice car with gas prices the way they are, so try to resist them totalling it out.
Sometimes ins. cos. can drag their feet, but if you already have a claim number, then be persistent and tell them what you expect.
If the crash happened within 30 days of that date, following the marriage, Progressive is insuring the Camry for the same coverages as on the Saturn. Read Newly acquired automobiles section of Grooms policy. The acquisition took place as a result of the Grooms marriage & he has 30 days automatic coverage in which to report the addition of another vehicle. Not 30 days from the marriage date, but 30 days from whence the Bride took title.
Thus, she may not have been without insurance.
Probably nothing more than switching your business to another agent unless you have proof that she disregarded your instructions.
2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible
Now, if you just (within the past few days) switched and have yet to receive anything from Progressive, well, that's another matter.
Who's to say whether the Progressive agent was "irresponsible[?]" It may have been a clerical error somewhere along the line - again pointing out the critical need for the insured to double-check things.
Now I certainly would come down on the agent as they REALLY messed up.
You might also send a letter to the agency with a "cc" to Progressive, noting the error, explaning why you willl take your business elsewhere...it may make the point...
You ARE responsible for check your own dec sheet, but the fact that she wrote a policy that included collision for 2 vehicles but not the newest seems ridiculous...
But if Progressive does not offer anything, do not be surprised...you MUST check your policy simply because of clerical errors...
BTW, you MAY have a leg to stand on if you instructed the agent IN WRITING to duplicate your coverages, but if it was a phone conversation, and she does not admit to the contents as you remember them, get out your checkbook and pay for the damages...
If the agent's app does not include collision, ask them who their carrier is for "Agents Errors and Omissions" insurance. That your immediately preceeding policy included collision and that your agent had knowledge of those coverages, it is my opinion you have a very strong case against the agency's E & O insurance.
The retention (deductible) of that policy will shape the attitude of the agency principal as to how he will excercise his responsibility for his employees negligence. That you are obligated to read your policy is trumped by your having presented the former policies to the agency for coverage.
Bottom Line is the cost of repair should be bourne by either Progressive or their agency, under the laws of agency. Don't compromise and stand firm. :mad:
2013 LX 570 2016 LS 460
Let us know what happens.
2013 LX 570 2016 LS 460
I think you are finding a good course of action right now.
Up until it was pointed out I didn't know they had policies for agency screw ups. Figured they just had to eat mistakes.
Best of luck.
2013 LX 570 2016 LS 460
"You want an appointment with us? Have E & O Insurance."
That some states require this coverage is also consumer good.
This type of coverage, errors & omissions liability, normally has some significant deductibles. Usually $5,000 is the lowest. Of course I don't know if that applies to your agent. In fact, their deductible could be even higher.
But my point is that you need to deal firmly with the owner(s) of the agency. Threats of lawsuits will get you nowhere. Simply point out that it was their mistake and you feel it's reasonable that they step forward and take care of the matter. Assuming they have a strong relationship with Progessive they might even get the carrier to retroactively take on the claim. Doubtful but possible.
At the end of the day, it is YOUR responsibility to ensure that your policies are accurate and up to date. But in this case your agent was given specific instructions and had evidence of what was needed. At the very least, as a new customer they should have gone over your policies with you when they were issued to ensure no errors. Your agent makes money on your business. Expecting them to provide service in return is not unreasonable.
And finally, regardless of what happens, find a new agent. Your relationship with this agency is tainted and will never be perfect. A fresh start with another agent who knows the problems you've had before is the only way to go. Ask your friends and family for references. Don't just look in the phone book.
Good luck.
2013 LX 570 2016 LS 460
OTOH, every carrier (insurance company) has required the agency to have E&O. Never had the carrier require the agent to obtain it unless writing surplus lines. But our agents do not issue binders/policies so YMMV.
2013 LX 570 2016 LS 460
Hospital nurses and pharmacists are usually covered for MP as you suggest.
After my wife retired, we decided she would not be a relief pharmacist, as she would have to carry her own MP policy & making only $50/ hour is not worth risking our assets.
Today CE is via the internet and much more efficient, but not as much fun or personal.
I just found out my vehicle which was hit by a storm a few weeks ago, is deemed total loss. Its a 2000 5speed nissan sentra with over 123K's on it. I got the value from the ins. agent and I just don't know if its enough. Sure it covers my loan since I was still paying on it, but the balance (after they pay it off)is not enough to get another vehicle, and I need one.
I dont want to finance again, I'd like to just buy another used one instead but is there a way to know if the ins. co. is giving me a fair share? is there any way to know this?
thanks