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Author Topic: Insurance or Lawyer Advice  (Read 4984 times)

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Offline Too Big Pig

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Insurance or Lawyer Advice
« on: April 25, 2016, 07:00:55 AM »
6 weeks after I was rear ended, I'm still trying to get my wife's car settled.

The insurance is trying to settle $7000 under payoff. Luckily I have GAP.

Here's the thing. They put the sales tax money in that settlement. So to get in another car, I'm back to zero down and nearly $2000 in sales tax. This is where I have issues. Had their insured not hit me, I'd still be driving my flip flopped car and be out no money.

I have not submitted a single medical bill, but if I can't figure out a way to give me enough money be back in the same car with zero out of pocket, I may start.

Advice?

"If life gives you lemons, fuck life."  - Sir John Michael of Oklahoma

Offline Shermy

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Re: Insurance or Lawyer Advice
« Reply #1 on: April 27, 2016, 05:00:40 PM »
They're only going to give you the blue book value of your car.  Did you find comps of your car in your area and submit them to the adjuster


Offline 1st_down_streak

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Re: Insurance or Lawyer Advice
« Reply #2 on: April 27, 2016, 05:13:00 PM »
Sucks balls but true.

I got screwed on my '80 Civic when Junior Soli smashed into it. Car was in great shape but it cracked the frame and was totaled. They gave me $600. My guy said take it because you aren't going to haggle a better price. Still pisses me off.

Seems like it would be easier to argue a value nowadays with the googles.

No fucks were wasted in the preceding message.

Offline Filthy_McSwine

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Re: Insurance or Lawyer Advice
« Reply #3 on: April 28, 2016, 04:48:00 PM »
So, I guess the lesson to be learned here, if you get rear-ended, is to roll out of the car and not get up until you have a neck brace on.


Offline Scotty Doesn't Know

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Re: Insurance or Lawyer Advice
« Reply #4 on: April 28, 2016, 05:14:17 PM »
6 weeks after I was rear ended, I'm still trying to get my wife's car settled.

The insurance is trying to settle $7000 under payoff. Luckily I have GAP.

Here's the thing. They put the sales tax money in that settlement. So to get in another car, I'm back to zero down and nearly $2000 in sales tax. This is where I have issues. Had their insured not hit me, I'd still be driving my flip flopped car and be out no money.

I have not submitted a single medical bill, but if I can't figure out a way to give me enough money be back in the same car with zero out of pocket, I may start.

Advice?

Also depends on the provider. My in laws got hit head on last year by a drunk driver. They have Travelers, the dead guy had some fly by night company that only represented clients in like 3 states. They've submitted over 25k in medical bills to his provider and only received payment for about 14k of it. On top of that, they refused to pay the difference for my in laws totaled car.

That's what I do. I drink and I know things.

Offline Too Big Pig

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Re: Insurance or Lawyer Advice
« Reply #5 on: April 28, 2016, 05:27:26 PM »
This is way different when I was rear ended years ago by a Farm Bureau client.  They pulled me in, gave me a fair price, and cut me a check for pain and suffering that I didn't even ask for. 

This Safeco company is bullshit.  I can't even get them to say if I go to the doctor they will cover it. 

"If life gives you lemons, fuck life."  - Sir John Michael of Oklahoma

Offline gibraltar

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Re: Insurance or Lawyer Advice
« Reply #6 on: April 28, 2016, 05:28:06 PM »
Also depends on the provider. My in laws got hit head on last year by a drunk driver. They have Travelers, the dead guy had some fly by night company that only represented clients in like 3 states. They've submitted over 25k in medical bills to his provider and only received payment for about 14k of it. On top of that, they refused to pay the difference for my in laws totaled car.
I've never dealt with this and really don't know but I always thought there was some sort of insurance commission to stop these companies from doing as they please to the damaged.


Offline Scotty Doesn't Know

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Re: Insurance or Lawyer Advice
« Reply #7 on: April 29, 2016, 09:06:59 AM »
I've never dealt with this and really don't know but I always thought there was some sort of insurance commission to stop these companies from doing as they please to the damaged.

Couldn't tell you. I just hear the bitching on the weekends. I try to not pay attention. The only real piece of knowledge I've taken from it is that a Chevy Traverse wins in a head on collision vs a Honda Accord.

That's what I do. I drink and I know things.

Offline goporkyourself

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Re: Insurance or Lawyer Advice
« Reply #8 on: April 29, 2016, 10:16:57 AM »
you could try to sue. oh wait, this is AR. you're fucked.


Offline Scotty Doesn't Know

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Re: Insurance or Lawyer Advice
« Reply #9 on: May 04, 2016, 05:59:15 PM »
They got a letter in the mail today saying that since the driver wasn't charged with a DWI, they were not going to increase their settlement. Holy. Shit. Of course not, he's freaking dead.

That's what I do. I drink and I know things.

Offline Animal

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Re: Insurance or Lawyer Advice
« Reply #10 on: May 04, 2016, 06:07:02 PM »
They got a letter in the mail today saying that since the driver wasn't charged with a DWI, they were not going to increase their settlement. Holy. Shit. Of course not, he's freaking dead.

Sounds like he could be a candidate for a good driver discount in a few more months


Offline The Pig in Black

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Re: Insurance or Lawyer Advice
« Reply #11 on: May 04, 2016, 07:59:48 PM »
They got a letter in the mail today saying that since the driver wasn't charged with a DWI, they were not going to increase their settlement. Holy. Shit. Of course not, he's freaking dead.

Let me make sure I understand -- the dead guy is at fault and hit your family head on and your family has $14K in medical bills and he had minimum limits?  Based on that, I see no justifiable reason that the carrier wouldn't offer policy limits.  The fact that the guy is dead doesn't prevent your family from suing.  A special estate would be created for this specific purpose.  What insurance company is it?


Offline Scotty Doesn't Know

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Re: Insurance or Lawyer Advice
« Reply #12 on: May 04, 2016, 10:13:00 PM »
They've got about 25k in medical bills, 14 of which has been taken care of by the insurance company.  Traders is the name of the company I do believe.

That's what I do. I drink and I know things.

Offline The Pig in Black

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Re: Insurance or Lawyer Advice
« Reply #13 on: May 05, 2016, 08:28:42 AM »
They've got about 25k in medical bills, 14 of which has been taken care of by the insurance company.  Traders is the name of the company I do believe.

Something doesn't add up.  I'm probably misunderstanding.  I practice insurance defense and I've never heard of the insurance carrier for the negligent driver paying the victim's medical bills without a release.  The insurer of the negligent driver will pay if it can negotiate a settlement and get a full and final release from the victim.  If that's not the case here and the insurer has paid $14K of your family's meds and the negligent party had minimum limits of $25K/$50K, then all the insurer is obligated to pay is the remainder of the policy limits.  Maybe that's why it's not budging because it has offered all that is left of those limits. 


Offline DirkPiggler

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Re: Insurance or Lawyer Advice
« Reply #14 on: June 13, 2016, 10:15:36 AM »
Something doesn't add up.  I'm probably misunderstanding.  I practice insurance defense and I've never heard of the insurance carrier for the negligent driver paying the victim's medical bills without a release.  The insurer of the negligent driver will pay if it can negotiate a settlement and get a full and final release from the victim.  If that's not the case here and the insurer has paid $14K of your family's meds and the negligent party had minimum limits of $25K/$50K, then all the insurer is obligated to pay is the remainder of the policy limits.  Maybe that's why it's not budging because it has offered all that is left of those limits.

I have a sort of hypothetical question on this.  Suppose insurance company pays for damages of around $20K to vehicle, and insured has minimum coverage.  Insurance company offers $2500 in diminished value, evidence collected from offers from dealers for car show diminished value to be greater than $10K.  Assume that the insurance company refuses to pay up to coverage limits.  If the two parties go to court, and judge rules that the insurer has to pay up to the claim limit, could the insurer also be held liable for the claimant's legal fees even if that puts them above the policy limits? 


Offline kingofdequeen

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Re: Insurance or Lawyer Advice
« Reply #15 on: June 13, 2016, 10:27:09 AM »
I have a sort of hypothetical question on this.  Suppose insurance company pays for damages of around $20K to vehicle, and insured has minimum coverage.  Insurance company offers $2500 in diminished value, evidence collected from offers from dealers for car show diminished value to be greater than $10K.  Assume that the insurance company refuses to pay up to coverage limits.  If the two parties go to court, and judge rules that the insurer has to pay up to the claim limit, could the insurer also be held liable for the claimant's legal fees even if that puts them above the policy limits?

if the other party offers a settlement below the policy limits, and the insurance company refuses to accept, they then run the risk of paying wtf ever is awarded at trial.   regardless of limits.

bad part, you'll have to sue the dead guy.


Offline Scotty Doesn't Know

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Re: Insurance or Lawyer Advice
« Reply #16 on: August 15, 2016, 10:54:57 PM »
Long term follow up: they finally received a settlement for a little north of 50k.

I think I can tolerate thankgiving and Christmas now.

That's what I do. I drink and I know things.

Offline The Pig in Black

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Re: Insurance or Lawyer Advice
« Reply #17 on: August 18, 2016, 10:09:06 AM »
 :borat: