I was in an auto accident in January of 2007. It was determined that the 92 year old driver was 100% at fault. I had 5 children with me, with the most serious injuries being to my son and myself. My son had 17 stitches to his forehead. I have soft tissue injury to my neck and a slightly bulged disc at C7-T1. I still seek chiropractic treatment 3 times monthly for pain and stiffness and I do neck therapy as well. I am a 42 year old female. My children range in age from 16-3 years. My medical costs are at $14,000.00. The insurance adjuster's third offer is $11,000.00 plus medical costs. My question: Am I to believe an insurance company would insure a 92 year old driver with the minimum insurance of $25,000.00 in coverage? Is my claim worth more than this? An attorney told me $50,000.00, is this over the top?
Am I to believe an insurance company would insure a 92 year old driver with the minimum insurance of $25,000.00 in coverage?
That they offered $25,000 should not be construed as the driver's full coverage unless they stated that specifically. It sounds like you may have continuing medical expenses so the question is whether that additional $11,000 will be sufficient to cover those costs.
Sorry to hear of your accident. I'd recommend going with an attorney on this one, $50K is not over the top. With neck damage you have no idea how bad things can get. The offer of $11K plus the $14K in actual medical costs is an insult, in my opinion. What about future medical expenses? What about the cost of your vehicle? I'm assuming all of your kids are OK now. But did your son get a scar on his forehead? Go with the attorney.
Agree. Surprised amason wasn't contacted by about 100 lawyers on this one.
My wife was at a stoplight once and was hit from behind. About $800 in damage to rear bumper... not bad. Luckily she was not injured, neck a tad sore for a day or two. She got about 15 pieces of mail and video cassettes from the various lawyers/ambulance chasers.
By signing, she authorized repair, the scheduling of repair, the ordering of parts, and authorizing repair is necessary before any of the above occurs. It doesn't require a Notary Public to witness the signature, but she did authorize by signing, with or without an estimate. The lack of an estimate is not an "out" in this case.
You need to engage counsel ASAP to file your case before the statute of limitations runs (assuming that it is 2 years from the date of the claim). Inasmuch as you are still undergoing treatment, settlement now would be premature. And, yes, your claim is potentially worth more, perhaps much more, than the offer on the table.
You can settle the car damages and the medical damages separately you know. You might want to clear the decks on the one and get ready to fight for the other.
Look it may sound cruel but if the other driver hurt you, no matter what his coverage, it is my understanding that you can go after him/her personally if you wish. Whether they have any assets or not that you can claim from them is another matter.
Did the adjustor do an estimate as well? They should have.
The adjustor's number is a starting point. When the bodyshop tears into it, typically more damage is found. But at that point, the insurer is on the hook for the labor to do the tear down and may be willing to continue fixing it even though it's over the threshold.
5 years I was hit by a tire that came off a car in the next lane. The adjustors estimate was about $4500. By the time the work was done, it was 6 weeks and over $12K. The car was worth about $10K. 2 years later I was t-boned. The adjustor's estimate was $7500 - the body shop got it up to $9K trying to total it. One dealer offered my $4000 after it was repaired. The insurer insisted on fixing it and the body shop told me that the insurer felt they already had invested so much into it that they were willing to fix it again.
I took the $7500, gave $500 to the body shop for their work and junked it.
My wife went into Walgreens for ten minutes when she returned there was a huge scratch and white paint marks around the rear passenger door. It would appear that a pick-up truck was the culprit. Funny thing is that the parking lot was empty yet that brute violated her car.
No eye witness means bad news as the insurance company will not pay the deductible and the $1,100 damage estimate is not sufficient to bring the car back to its original condition. The 2008 Malibu has only 7,900 miles and it was in showroom condition as I had just washed and waxed it. Any tips for dealing with the insurance?
You could ask for more than one estimate if you know of a shop doing quality work. There's no reason why a very good shop can't duplicate (or exceed) GMs workmanship on this car.
As for recourse, I agree, you are SOL on this one as there is no third party. That kills the payback on deductible as well as probably negates any Diminution of Value claim.
"...Unfortunately, many surveillance images are of such poor quality as to be useless..."
Ain't that the truth. I wonder why that is. Do they all buy their their tapes from the Grainey Film Co.?
I bet most places don't want you to be able to identify faces lest someone sue them when the tape of them having sex in their car makes it to You Tube.
2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible
>Unfortunately, many surveillance images are of such poor quality as to be useless
Isn't that the truth. Some of the footage they show on TV news to try to capture the villains is useless. Even banks have poor imaging.
Our Ohio city recently networked their intersections with overhead video cameras.. They used a camera shot of a recent accident to verify who was at fault. The footage was like an 7 megapixel camera shooting in low mpg mode. Useable even though it's a wide angle shot covering about 240 degrees.
You are not required to carry C&C to be eligible for having UMPD.
The first question implies you need to identify the UM driver to have UMPD coverage triggered and that is not so. Hit and Runs are covered by UMPD verbiages of coverage subject to the standard exclusions which do not include "ghost" drivers.
Check out ISO (Insurance Services Office) form PP 04 81 01 05, Coverage D, Paragraph 3.
" I was denied a claim in that very situation. AAA policy
AAA is an insurance agency representing several companies. If the denied claim is recent, I would encourage you to read the UM section of your auto policy including the Exclusions pertaining to Property Damage.
Most carriers use the standard Insurance Service Offices forms which can say if the UM is unknown, hit & run, the deductible is $300. If the UM is known, it is $100.
Who was the insurance company and do they subscribe to ISO forms? Anyway, I would appeal the denial.
After researching my policy, I wrote to CarInsurance.com & here is their reply.
Thank you for contacting CarInsurance.com. The terms and exclusions of UMPD differ depending upon state laws and then an insurance company's own guidelines. In some states/policy hit and runs (phantom vehicles hitting your car) are covered while in others the other car/driver must be identified. So you would need to speak to your insurer about the terms of your UMPD and you can speak with your state's insurance regulator to get information regarding UMPD and state insurance laws. Find a link to your regulator's website here - http://www.carinsurance.com/Regulators.aspx.
Well then, I already know it's the worst possible case for me, since I live in California, where the insurance industry rules us like a rogue motorcycle gang. I'd rather be insured by a company in Albania than one in California.
This morning, I did some work on my car attempting to repair some paint chips on the hood and bumper of my car. No big deal, but I know for a fact that that the front bumper was undamaged before going to a local store.
When I returned, after about 5 minutes, I find a big scrape too big to just buff out. Clearly, some idiot backed into my front bumper. My car is too new and too expensive to repair to just brush it off.
If the offender will not "man up", what are my best options? I have full coverage, with $500 deductible on collision & comprehensive. If I have to make a claim with my insurance, will my rates go up? (Progressive in K.C. area)
Edit: I stink at posting pics, But I'll try later if need. Yet another edit: The store owner knows exactly who the probable offender is and he is a regular. He is going to check out damage on his car next time he shows up and let me know.
I will not hesitate to contact the police & store owner at any time if it will help. Even if you were drunk, (this was at a liquor store) an impact big enough to do this much damage would not escape your notice.
As I said the pic sucks, but the bumper cover is dented, and the paint is scraped off down to the plastic in a couple of places. I'm sure the damage will be in the $500 - $1,000 range at least.
There is embedded paint from the other car, and certainly some of mine on the other car.
I am so pissed I can hardly think straight. I don't know whether to involve the police right now, or see if the store owner can do me some good.
Thanks in advance!
O.K., third edit (or more...) no wonder so many people on the internet can't figure me out! I went to the liquor store late at night, not in the morning! also, I noticed the damage upon returning to my car in the parking lot. The probable suspect was parked directly in front of me, and had to back up to leave the lot. My car and his car were the only ones in the lot, and I hadn't gone anywhere after the aforementioned attempted paint chip repairs this morning. One area I worked on was directly underneath the glowing fog light and I am pretty sure I would have noticed the damage if it were already there. The white stuff in the pic is my lame attempt at photochopping to highlight the damaged area.
Thanks again for any educated guesses as to my best course of action.
This is a 2007 Saturn Ion, about 21,000 miles, paid off. It needs to be a little older before I'll accept blowing off damage like this. Again, THANKS!
I just called Progressive, and the only advise I got was either file a claim, or do not. Should I just go to the store tomorrow and get the gents name and proceed to the police station, or wait and see what the store owner says upon the inevitable return of the alleged offender?
On my worst day, I would never damage someones property and leave like it never happened. kthnx.
I don't know what recourse you have but I would have notified the police right away. Also, I am not sure what would be accomplished in confronting the perp. He's already telegraphed his denial of any wrongdoing by driving away with you in direct sight. Any apparent interest by the store owner in the perp's car will clue him in to the necessity of rapidly covering up the evidence. My recommendation would be to notify the police as soon as possible.
I second that advice. You should have notified them before moving the car.
With the info from the store manager they could have gone to the perp's house and seen the similar damage on his car and issued a ticket for hit and run. That would give you all the back-up you need in small claims court which is probably where you will have to take this dead-beat.
2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible
Too much time elapsed between the crash and the confrontation with the perp.
Thus, the perp can claim your car was hit by any number of other cars since the night before. Remember, the liquor store employee did not witness the crash. He only assumes he knows who it is.
Since the clerk wasn't willing to suggest a name so you could personally check the car for signs of outward damage if it were not garaged, I would sure change to a store with more customer concern and a safer parking lot.
euphonium, tidester & old farmer: y'all hit the nail right on the head. Thanks for the input. I hope anyone else that reads this learns "CALL THE COPS!"
I had a local cop come by, and his response was essentially, there is no penalty for wrong answers! Call us if you have ANY doubt.
Lesson learned, thanks all. It helps that I calmed down quite a bit today. The damage can be managed by me, it probably wont look too awful by the time I'm done.
You might ask your dealer who details their bumpers. There are these traveling guys who can do a pretty good job for not a lot of money on scarred bumpers. Dealers use them all the time.
Even if you found the guy and even if he had the same color paint on his bumper, you don't have a case against him in court. You'd have to have the two paints chemically analyzed!!
Without an eye witness, these cases go nowhere in my experience.
I will look into that option. The cop I spoke with was actually a very decent guy and very helpful.
Again, if in any doubt, call the police. If you don't, the window just slammed shut. If they show up, the worst case is everyone wastes some time.
Thank you to every stranger on this board for thinking to help me out. For me, life goes on, and my solace is simply that Karma is (hopefully) a harsh mistress.
Karma may not punish him directly. He may even win the lottery. But sneaking off after damaging other people's possessions will get him in the end, somehow. It's a bad habit and leaks down into many areas of one's life. 'Nuff said, get it fixed and remember that we aren't all like that. :P
I'm not sure how it happened that the insurance industry often punishes the victim by raising his rates when he makes a claim, but there you go. We are only actuarial tables now.
Do any of you who are more knowledgable than I about insurance, have a minute to help this person out in the Answers Department, regarding what Gap insurance covers and doesn't cover? I *think* I know the answer but I want to be sure.
Hi, In anaheim, ca. i own almost own a 2000 saturn sl w/ 85000 miles on it. plumbers truck pulled out of gas station, almost stopping right in my lane, i slowed some, he then moved over to the center lane, of three lanes in each direction. (without warning) flipped U'ie to reenter the same gas station driveway he pulled out of, but now facing 3 lanes of on-coming traffic (by the way this is all 20/20 after the fact...meaning it was not obvious what he was about to do...) I slowed, as he merged 1 lane over, then without apparently looking at anything other than that pump he wanted (i guess) actually continued to not only flip that u'ie & turn left right into me, (lucky me... almost passed this idiot) perhaps he thought i was moving faster than i could, taken that he just cut me off (for 2 lanes) as he quickly moved left. That move alone told me he saw me and was just a jerk. anyway, one week later, he never turned it in to his state farm agent. my infinity adjuster is pretty sure they'll total my car. but i dont want a salvage, nor salvage type title, i still owe $1200.00 to mullen finance & my infinity adjuster estimator guess' repair at $2703.00, and "Kelly Blue Book" is probably high at around $2500.00+/-. Infinity adjuster called it "80%" tentivly, but needs to look at his computers "blue book", (guess you guy's go by a secret one). Now let's get to my question, shall we? 1st... I'm a smart woman with NO real knowledge of your car insurance crap. I just know the amount of my monthly payment & signed on the dotted line every time they asked, shaking my head like I understood whatever the heck they were saying... you know... like we all do. My car payment at $252.05, I only had 4 ± payments left & I owned my fantastic, beautiful saturn, that I love. $252.00 less dollars a month I gotta give away. just 4 payments away. state farm, first acting rude (no prob... I threatened injury, told her very calmly that I wouldn't talk to her until I first spoke w/ my attorney & hung up on her) then a very nice sounding (sorry... adjectives im single) this nice guy called me wanting to talk normal stuff, properly. way too long story short... as I said in the beginning I am smart... but feel quite blond these days & lack the "accident"/"Insurance co." lingo and tricks. what the heck now. what are they giving me? when? where do i get to take my car? why not now? (prevent storage fee's if they don't decide to fix it) since it's not a great time of this month for me financially, that's another story, thank goodness, ... what are they going to try? cause i don't want to miss that. and lastly ... what the heck do i need to google to learn what ever it is i minimally should know before i do anything? oh... n thanks. CompNetFree
Can anyone tell me approximately, how much would my insurance cost come upto? I am male, 24 years of age, got license three months back only. Planning to buy an honda accord 09. I am planning to take up finance option for my car. Also can anyone tell me what is the best plan to go for and give some tips on companies that give cheapest quotes?
Why did you wait eight years before you got your license? Incarceration time? What's your marital status? If a student, GPA? Will car be used for business?
As there are too many questions to be answered, see your local independent agent.
I came to USA for my masters in 2006 and thats the reason I got my license recently. I am single and I just graduated from college, witha masters degree.
Hi - there are so many variables, including how far you drive every day, how safe your neighborhood is, your credit rating - just a ton of questions.
You will get a LOT faster and more accurate quote by going to Progressive.com (or Geico.com) and entering your info than by asking us to guess. You can also call an agent, which is generally a good idea. They may also be able to suggest vehicles that would offer you lower, as opposed to higher, rates.
MODERATOR /ADMINISTRATOR Find me at kirstie_h@edmunds.com - or send a private message by clicking on my name. 2015 Kia Soul, 2021 Subaru Forester (kirstie_h), 2024 GMC Sierra 1500 (mr. kirstie_h) Review your vehicle
Comments
That they offered $25,000 should not be construed as the driver's full coverage unless they stated that specifically. It sounds like you may have continuing medical expenses so the question is whether that additional $11,000 will be sufficient to cover those costs.
tidester, host
SUVs and Smart Shopper
My wife was at a stoplight once and was hit from behind. About $800 in damage to rear bumper... not bad. Luckily she was not injured, neck a tad sore for a day or two. She got about 15 pieces of mail and video cassettes from the various lawyers/ambulance chasers.
Did your policy include Underinsured Motorist Bodily Injury Liability? Limits?
Did you carry Liability insurance at the time of the crash?
$50,000 is just a good start. See an attorney.
Look it may sound cruel but if the other driver hurt you, no matter what his coverage, it is my understanding that you can go after him/her personally if you wish. Whether they have any assets or not that you can claim from them is another matter.
The adjustor's number is a starting point. When the bodyshop tears into it, typically more damage is found. But at that point, the insurer is on the hook for the labor to do the tear down and may be willing to continue fixing it even though it's over the threshold.
5 years I was hit by a tire that came off a car in the next lane. The adjustors estimate was about $4500. By the time the work was done, it was 6 weeks and over $12K. The car was worth about $10K. 2 years later I was t-boned. The adjustor's estimate was $7500 - the body shop got it up to $9K trying to total it. One dealer offered my $4000 after it was repaired. The insurer insisted on fixing it and the body shop told me that the insurer felt they already had invested so much into it that they were willing to fix it again.
I took the $7500, gave $500 to the body shop for their work and junked it.
My wife went into Walgreens for ten minutes when she returned there was a huge scratch and white paint marks around the rear passenger door. It would appear that a pick-up truck was the culprit. Funny thing is that the parking lot was empty yet that brute violated her car.
No eye witness means bad news as the insurance company will not pay the deductible and the $1,100 damage estimate is not sufficient to bring the car back to its original condition. The 2008 Malibu has only 7,900 miles and it was in showroom condition as I had just washed and waxed it.
Any tips for dealing with the insurance?
As for recourse, I agree, you are SOL on this one as there is no third party. That kills the payback on deductible as well as probably negates any Diminution of Value claim.
2014 Malibu 2LT, 2015 Cruze 2LT,
Unfortunately, many surveillance images are of such poor quality as to be useless.
Still, it never hurts to check.
Ain't that the truth. I wonder why that is. Do they all buy their their tapes from the Grainey Film Co.?
I bet most places don't want you to be able to identify faces lest someone sue them when the tape of them having sex in their car makes it to You Tube.
2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible
Isn't that the truth. Some of the footage they show on TV news to try to capture the villains is useless. Even banks have poor imaging.
Our Ohio city recently networked their intersections with overhead video cameras.. They used a camera shot of a recent accident to verify who was at fault. The footage was like an 7 megapixel camera shooting in low mpg mode. Useable even though it's a wide angle shot covering about 240 degrees.
2014 Malibu 2LT, 2015 Cruze 2LT,
By the way, we did check with Walgreens but unfortunately they did not have outside surveillance cameras at this store location.
If the uninsured driver is identified, the deductible is waived. If not identified, there is a deductible.
The above assumes the UM is at fault.
The first question implies you need to identify the UM driver to have UMPD coverage triggered and that is not so. Hit and Runs are covered by UMPD verbiages of coverage subject to the standard exclusions which do not include "ghost" drivers.
Check out ISO (Insurance Services Office) form PP 04 81 01 05, Coverage D, Paragraph 3.
(Grasshopper?)
(ah grasshopper -- Keye Luke as Master Po in the "Kung Fu" series)
AAA is an insurance agency representing several companies. If the denied claim is recent, I would encourage you to read the UM section of your auto policy including the Exclusions pertaining to Property Damage.
Most carriers use the standard Insurance Service Offices forms which can say if the UM is unknown, hit & run, the deductible is $300. If the UM is known, it is $100.
Who was the insurance company and do they subscribe to ISO forms? Anyway, I would appeal the denial.
Good Luck to you.
Thank you for contacting CarInsurance.com. The terms and exclusions of UMPD differ depending upon state laws and then an insurance company's own guidelines. In some states/policy hit and runs (phantom vehicles hitting your car) are covered while in others the other car/driver must be identified. So you would need to speak to your insurer about the terms of your UMPD and you can speak with your state's insurance regulator to get information regarding UMPD and state insurance laws. Find a link to your regulator's website here - http://www.carinsurance.com/Regulators.aspx.
When I returned, after about 5 minutes, I find a big scrape too big to just buff out. Clearly, some idiot backed into my front bumper. My car is too new and too expensive to repair to just brush it off.
If the offender will not "man up", what are my best options? I have full coverage, with $500 deductible on collision & comprehensive. If I have to make a claim with my insurance, will my rates go up? (Progressive in K.C. area)
Edit: I stink at posting pics, But I'll try later if need.
Yet another edit:
The store owner knows exactly who the probable offender is and he is a regular. He is going to check out damage on his car next time he shows up and let me know.
I will not hesitate to contact the police & store owner at any time if it will help.
Even if you were drunk, (this was at a liquor store) an impact big enough to do this much damage would not escape your notice.
As I said the pic sucks, but the bumper cover is dented, and the paint is scraped off down to the plastic in a couple of places. I'm sure the damage will be in the $500 - $1,000 range at least.
There is embedded paint from the other car, and certainly some of mine on the other car.
I am so pissed I can hardly think straight. I don't know whether to involve the police right now, or see if the store owner can do me some good.
Thanks in advance!
O.K., third edit (or more...) no wonder so many people on the internet can't figure me out! I went to the liquor store late at night, not in the morning! also, I noticed the damage upon returning to my car in the parking lot. The probable suspect was parked directly in front of me, and had to back up to leave the lot. My car and his car were the only ones in the lot, and I hadn't gone anywhere after the aforementioned attempted paint chip repairs this morning. One area I worked on was directly underneath the glowing fog light and I am pretty sure I would have noticed the damage if it were already there. The white stuff in the pic is my lame attempt at photochopping to highlight the damaged area.
Thanks again for any educated guesses as to my best course of action.
This is a 2007 Saturn Ion, about 21,000 miles, paid off. It needs to be a little older before I'll accept blowing off damage like this. Again, THANKS!
On my worst day, I would never damage someones property and leave like it never happened.
kthnx.
tidester, host
SUVs and Smart Shopper
I second that advice. You should have notified them before moving the car.
With the info from the store manager they could have gone to the perp's house and seen the similar damage on his car and issued a ticket for hit and run. That would give you all the back-up you need in small claims court which is probably where you will have to take this dead-beat.
2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible
Thus, the perp can claim your car was hit by any number of other cars since the night before. Remember, the liquor store employee did not witness the crash. He only assumes he knows who it is.
Learn from this and move on. The trail is cold.
2014 Malibu 2LT, 2015 Cruze 2LT,
Thanks for the input. I hope anyone else that reads this learns "CALL THE COPS!"
I had a local cop come by, and his response was essentially, there is no penalty for wrong answers! Call us if you have ANY doubt.
Lesson learned, thanks all. It helps that I calmed down quite a bit today. The damage can be managed by me, it probably wont look too awful by the time I'm done.
Thanks again.
Even if you found the guy and even if he had the same color paint on his bumper, you don't have a case against him in court. You'd have to have the two paints chemically analyzed!!
Without an eye witness, these cases go nowhere in my experience.
I will look into that option. The cop I spoke with was actually a very decent guy and very helpful.
Again, if in any doubt, call the police. If you don't, the window just slammed shut. If they show up, the worst case is everyone wastes some time.
Thank you to every stranger on this board for thinking to help me out. For me, life goes on, and my solace is simply that Karma is (hopefully) a harsh mistress.
Thanks again, all.
I'm not sure how it happened that the insurance industry often punishes the victim by raising his rates when he makes a claim, but there you go. We are only actuarial tables now.
Steve, just a visiting host
What is to be believed these days? Don't ask Rev. Wright, he's Wrong!
Does Gap Insurance Cover My Trade-In Too?
Thank you!
And let us know the answer as well
Visiting Host
They are totalling the car, it looks like. So take the check and that ~$250/mo and go buy something else.
'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
Can anyone tell me approximately, how much would my insurance cost come upto? I am male, 24 years of age, got license three months back only. Planning to buy an honda accord 09. I am planning to take up finance option for my car. Also can anyone tell me what is the best plan to go for and give some tips on companies that give cheapest quotes?
What's your marital status? If a student, GPA? Will car be used for business?
As there are too many questions to be answered, see your local independent agent.
Any tipe?
You will get a LOT faster and more accurate quote by going to Progressive.com (or Geico.com) and entering your info than by asking us to guess. You can also call an agent, which is generally a good idea. They may also be able to suggest vehicles that would offer you lower, as opposed to higher, rates.
MODERATOR /ADMINISTRATOR
Find me at kirstie_h@edmunds.com - or send a private message by clicking on my name.
2015 Kia Soul, 2021 Subaru Forester (kirstie_h), 2024 GMC Sierra 1500 (mr. kirstie_h)
Review your vehicle