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Don't listen to them. Get the straight scoop. Call your California Department of Insurance, Address: 300 Capitol Mall Ste 1700, Sacramento, CA 95814
Phone: (800) 967-9331
You can file a complaint with them if you wish, or at least get advice on what to do next.
Phone: (800) 967-9331
You can file a complaint with them if you wish, or at least get advice on what to do next.
In my experience the Dept. of Insurance for the State of CA is toothless, but follow the advice and do it anyways. Perhaps they have "inside" fines levied that they don't tell you about.
http://www.insurance.ca.gov/01-consumers/130-laws-regs-hearings/05-CCR/fair-claims-regs.cfm
Deductible is $500
Cost for dent repair is $1600
No prior violations or claims on insurance. 2 car household.
Question 1: Is it better to pay out of pocket, or make a claim?
Question 2: Let's say there was $1000 additional cosmetic damage in the accident that the person wouldn't pay out of pocket. IF the answer to question 1 was yes, is there any disadvantage to throwing in the additional damage on the claim?
Thanks for any insight.
EDIT: I'm wrong about this---see below
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OK, in that case, don't file a claim for that small amount, is my advice.
So going forward, should be interesting where this all will lead in a few months!! Have no clue actually!!
The Sandman
2023 Hyundai Kona Limited AWD (wife) / 2015 Golf TSI (me) / 2019 Chevrolet Cruze Premier RS (daughter #1) / 2020 Hyundai Accent SE (daughter #2) / 2023 Subaru Impreza Base (son)
A lot of the parts are wear items, like the rotors and pads, but when they are new they don't have much wear! Also, there are non-wear items, like the calipers and stainless steel brake lines.
I wonder how steep the depreciation curve is for wear items when it's time for an Insurance company to pay a claim?
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Someone wants to fight the insurance company on the payoff amount on a total loss.
The peculiar part is that this is on a lease car, and the owner has gap insurance. Why would he care if the insurance company paid out a little less than he thought the car was worth?
I'm not getting this. Seems like all he would gain by fighting for a higher payout is to save the gap insurance people some money. He's made whole no matter what, right?
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As you say, maybe he put down some enormous CAP reduction, which on a 2017 Jaguar would be extremely dumb--especially as it was a base model XE, which isn't that rich a lease anyway.
Nonetheless, even if he did put a large down on the lease, I wonder why he would think he's getting "screwed" by the insurance company?
Ah, humans.
Probably just don't understand and realize how GAP insurance works though.
I would think that anyone who is on a longterm, low down payment loan would take GAP.
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The Sandman
2023 Hyundai Kona Limited AWD (wife) / 2015 Golf TSI (me) / 2019 Chevrolet Cruze Premier RS (daughter #1) / 2020 Hyundai Accent SE (daughter #2) / 2023 Subaru Impreza Base (son)
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They should teach basic financial management in every high school in America.
Just want to get better, have no more pain or dizziness and be happy again in my life!! Is that too much to ask?..
The Sandman
2023 Hyundai Kona Limited AWD (wife) / 2015 Golf TSI (me) / 2019 Chevrolet Cruze Premier RS (daughter #1) / 2020 Hyundai Accent SE (daughter #2) / 2023 Subaru Impreza Base (son)
Someone suggested that they report a sex crime for getting the lease payment that high on a lowly A3.
My wife was driving down the aisle of a parking lot, noticed a parked car on the right approximately 1-2 car stalls ahead of her vehicle with its reverse lights on. She came to a complete stop thinking that the other driver would see her and not back out. However, the other driver proceeded to back out of the stall and hit the front bumper of our vehicle, while my wife was at a complete stop.
In my mind, the other driver is 100% at fault, but his insurance company is claiming that my wife is 30% at fault because she didn't take evasive action or honk her horn. However, my wife stopping her vehicle when she saw his reverse lights to avoid a collision is in fact evasive action, and according to my wife, the other driver backed out so quickly that she didn't have time to process what was happening and honk her horn. Their claim that my wife is 30% at fault seems completely ridiculous to me. If the other driver had hit an unocuppied parked car, would he still be considered only 70% at fault?
The collision caused approximately $1,000 in damage to our bumper. The other driver's insurance company stated that they will only pay 70% of the claim, and our insurance company isn't disputing the other insurance company's findings. I suspect that my insurance company doesn't care because the claim is small enough that 30% is well below our $1,000 deductible.
We live in California, and the accident occured in California, so CA law would apply.
Here are my questions:
1. Since the other driver didn't dispute the basic facts of the accident as I described them above, does the other insurance company have any legal or reasonable basis for claiming my wife was 30% at fault?
2. Is our insurance company under any obligation to dispute the other company's findings on our behalf? Or is our insurance company's involvement just a courtesy?
3. If my insurance company refuses to dispute the other insurance company's findings, what options do I have to get the other insurance company to pay the full claim? Small claims court?
You can file a claim with your insurance company, but they aren't obligated to find in your favor. If the other company won't pay, then your insurance company has to cover you, but you'll have to pay the collision deductible for the damage on your vehicle. (which means, no point in filing a claim).
I'm not familiar with California law, but where I live, they don't apportion blame. One driver is at fault. From your description, even if your wife had parked her car in the lane, and gotten out to clean off her windshield, it's still the other driver's fault.
I'd start with calling your insurance agent, and asking for advice. It seems they would have a lot of experience, and may be able to help you. Even without you filing a claim. This may just be a BS move on the other company to bully you, and they would know that.
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This looks like a case of your insurance company not giving you very good service. Generally speaking, when you back into a stationary object, it's your fault.
What I remember is the "last clear chance" rule--who had the last chance to prevent an accident? That would be the person who hit your wife's car.
http://www.insurance.ca.gov/01-consumers/101-help/index.cfm
The collision place did a remarkable job of fixing the vehicle and were able to get a new rear door since the old one was so beaten up. Looking at the blended paint, I can't see any difference though am sure a seasoned used car guy will. Drives straight and true, they fixed the bent alloy wheel, and the 4-wheel alignment is spot on straight, a pet peeve of mine.
So, nor happy about having the accident in the first place, but glad it's fixed properly. Getting my share of the D V claim is also good news. Now, I just need to get my $400.00 deductible paid back as well as the $75.01 rental which came out of my pocket for the extra week needed due to insurance adjuster's ignorance!!
The Sandman
2023 Hyundai Kona Limited AWD (wife) / 2015 Golf TSI (me) / 2019 Chevrolet Cruze Premier RS (daughter #1) / 2020 Hyundai Accent SE (daughter #2) / 2023 Subaru Impreza Base (son)