Anyone have suggestions about dealing with a car insurance Company?

[Bill E. 666]

In October a drunk driver hit and totaled my SUV. He got out and ran so he would not get a DUI. I was fine and pissed but he got fined like $6k.

 

Anyhow they towed my SUV to a lot owned by the towing company. He was driving his wife's car and her insurance co said they would take care of everything. I made two mistakes that I would never make again. I let her insurance co., GEICO,move my car from the yard it was towed to to their yard where it sits today. This way they did not have to pay storage fees on the car. Also I turned in the rental car after a few days because I had another vehicle and did not want to soak the insurance co. After that they low balled me on my SUV and have stalled at every turn.

 

The same thing happened to my neighbor a month later and he had the car towed to a lot that was not at all friendly with the insurance co and he insisted on keeping the rental car until a settlement was reached. He got top dollar for his car and quickly and was also dealing with Geico. If you ever have this happen to you don't make it easy on the insurance company because it will only give them an opportunity to screw you. I already sent quotes of similar vehicles from lots and websites into them but they do not even bother to respond. I think they figure that I need the money and will cave. I am going to have to go to my insurance company and file a claim with them because I am not taking the insanely low offer they are giving me. I welcome any other ideas.

 

I even tried telling them my back was sore to get them moving but they just said to contact another department about medical injuries.

[penultimatestraw 473]

In October a drunk driver hit and totaled my SUV. He got out and ran so he would not get a DUI. I was fine and pissed but he got fined like $6k.

 

Anyhow they towed my SUV to a lot owned by the towing company. He was driving his wife's car and her insurance co said they would take care of everything. I made two mistakes that I would never make again. I let her insurance co., GEICO,move my car from the yard it was towed to to their yard where it sits today. This way they did not have to pay storage fees on the car. Also I turned in the rental car after a few days because I had another vehicle and did not want to soak the insurance co. After that they low balled me on my SUV and have stalled at every turn.

 

The same thing happened to my neighbor a month later and he had the car towed to a lot that was not at all friendly with the insurance co and he insisted on keeping the rental car until a settlement was reached. He got top dollar for his car and quickly and was also dealing with Geico. If you ever have this happen to you don't make it easy on the insurance company because it will only give them an opportunity to screw you. I already sent quotes of similar vehicles from lots and websites into them but they do not even bother to respond. I think they figure that I need the money and will cave. I am going to have to go to my insurance company and file a claim with them because I am not taking the insanely low offer they are giving me. I welcome any other ideas.

 

I even tried telling them my back was sore to get them moving but they just said to contact another department about medical injuries.

insurance companies are evil, depending on a war of attrition where they put roadblock after roadblock to lessen reimbursement. I think the name brand guys like State Farm are a lot better, but they all are weasels imo.

 

On the flip side, people falsify a lot of insurance claims. Maybe bunny can comment?

[MDC 5,890]

You should hire Worms to litigate.

[Mungwater 588]

Luckily I have USAA and they're the easiest one to deal with.

[Q.T. 5]

Have you asked your insurance company to advocate on your behalf? Or asked them for advice on how to deal with it?

[Bill E. 666]

Have you asked your insurance company to advocate on your behalf? Or asked them for advice on how to deal with it?

Not yet. I just did not want to have them jack up my rates later. They should not because it was 100% his fault but I do not trust them not to do that.

[Bill E. 666]

Luckily I have USAA and they're the easiest one to deal with.

Yea but if the drunk that hits you is with Geico that will not help as much.

[Bill E. 666]

You should hire Worms to litigate.

Thanks good point but I have two friends that are lawyers, Both said the amount I am looking for is too low to make getting a lawyer worth it.

[Patriotsfatboy1 1,432]

Not yet. I just did not want to have them jack up my rates later. They should not because it was 100% his fault but I do not trust them not to do that.

 

They should not be raising your rates if you are not at fault. Part of the reason that you pay them is to work on your behalf in these situations. Even if it does cost you a little more, isn't it worth not having the hassle and you will end up getting more money faster.

 

BTW - your neck looks really stiff. Might want to get that checked out.

[Bill E. 666]

 

They should not be raising your rates if you are not at fault. Part of the reason that you pay them is to work on your behalf in these situations. Even if it does cost you a little more, isn't it worth not having the hassle and you will end up getting more money faster.

 

BTW - your neck looks really stiff. Might want to get that checked out.

 

Yea but this was October and I have been diving every day. I could not make it through an investigation.

[Strike 3,968]

See if you can contact the insurance commissioners office in your state. Let them know that the insurance company is not dealing with you in good faith when their drunk driver client totaled your car. They might be able to assist.

[hoytdwow 202]

Ask to speak to a manager

[BunnysBastatrds 1,914]

In October a drunk driver hit and totaled my SUV. He got out and ran so he would not get a DUI. I was fine and pissed but he got fined like $6k.

 

Anyhow they towed my SUV to a lot owned by the towing company. He was driving his wife's car and her insurance co said they would take care of everything. I made two mistakes that I would never make again. I let her insurance co., GEICO,move my car from the yard it was towed to to their yard where it sits today. This way they did not have to pay storage fees on the car. Also I turned in the rental car after a few days because I had another vehicle and did not want to soak the insurance co. After that they low balled me on my SUV and have stalled at every turn.

 

The same thing happened to my neighbor a month later and he had the car towed to a lot that was not at all friendly with the insurance co and he insisted on keeping the rental car until a settlement was reached. He got top dollar for his car and quickly and was also dealing with Geico. If you ever have this happen to you don't make it easy on the insurance company because it will only give them an opportunity to screw you. I already sent quotes of similar vehicles from lots and websites into them but they do not even bother to respond. I think they figure that I need the money and will cave. I am going to have to go to my insurance company and file a claim with them because I am not taking the insanely low offer they are giving me. I welcome any other ideas.

 

I even tried telling them my back was sore to get them moving but they just said to contact another department about medical injuries.

 

 

Hey Bill. What is the VIN number on the SUV? I will run it through NADA as soon as you send it to me and I'll send you a copy. When your vehicle totals, NADA is the most trusted company in the industry and most insurance companies use it or Kelly. You can use it to compare what they are stating. Also, two things: Did they send a copy of the estimate they wrote with the total loss worksheet or CCC? And did you have any prior damages to the vehicle? If you did, they deduct those prior damages.

[IGotWorms 3,311]

Thanks good point but I have two friends that are lawyers, Both said the amount I am looking for is too low to make getting a lawyer worth it.

Well that's the thing. Lawsuits happen all the time over injuries and medical care because that can add up to a lot of money. But a used vehicle where the difference in value is, what, a few thousand bucks? Not worth it.

 

I'd send them a letter outlining how they are low balling you and accuse them of bad faith. Spend some time on it and make it look professional and serious. That might get their attention.

[Q.T. 5]

Not yet. I just did not want to have them jack up my rates later. They should not because it was 100% his fault but I do not trust them not to do that.

 

I don't think it will happen unless you have other issues that contribute to rationale for a rate increase. But if you could probably have a friend ask your company anonymously.

[Bill E. 666]

 

 

Hey Bill. What is the VIN number on the SUV? I will run it through NADA as soon as you send it to me and I'll send you a copy. When your vehicle totals, NADA is the most trusted company in the industry and most insurance companies use it or Kelly. You can use it to compare what they are stating. Also, two things: Did they send a copy of the estimate they wrote with the total loss worksheet or CCC? And did you have any prior damages to the vehicle? If you did, they deduct those prior damages.

No written estimate. I will try to find the vin. number and send it to you. Thanks.

[rholio 339]

Step one... pm bunny. This is his area of expertise, might as well make being a geek pay off.

[BunnysBastatrds 1,914]

No written estimate. I will try to find the vin. number and send it to you. Thanks.

 

No written estimate? What did they do? Just gave you the figures over the phone? Very unprofessional. Tell them you want the written estimate and the total loss work sheet or CCC sent to you ASAP. If they give you the run around tell them your filling a grievance with the commissioner of insurance. Also, give me the mileage on it.

[porkbutt 861]

Not yet. I just did not want to have them jack up my rates later. They should not because it was 100% his fault but I do not trust them not to do that.

I had 2 focking insurance experiences in last couple years. i have esurance. first was when my car got stolen....pain free...total loss after thief was in a high speed chase with my truck and crashed. got basically what i paid for it a year earlier...they even added on cost of new tires i just got.

 

second was a nightmare because i tried to go thru other person's insurance. my wife was rear-ended (insert joke)...not much body damage but transmission was messed up as she drove away. ended needing new trans. went thru hell trying to get trans covered. appeals, etc. finally got covered after months thru my own insurance that i ended up getting involved again....moral of story/my suggestion...ALWAYS GO THROUGH YOUR OWN INSURANCE...ALWAYS.

[BunnysBastatrds 1,914]

PM sent.

[BunnysBastatrds 1,914]

I had 2 focking insurance experiences in last couple years. i have esurance. first was when my car got stolen....pain free...total loss after thief was in a high speed chase with my truck and crashed. got basically what i paid for it a year earlier...they even added on cost of new tires i just got.

 

second was a nightmare because i tried to go thru other person's insurance. my wife was rear-ended (insert joke)...not much body damage but transmission was messed up as she drove away. ended needing new trans. went thru hell trying to get trans covered. appeals, etc. finally got covered after months thru my own insurance that i ended up getting involved again....moral of story/my suggestion...ALWAYS GO THROUGH YOUR OWN INSURANCE...ALWAYS.

 

 

Transmission issues are a pain in the ass for both parties. A lot of times, the transmission was already worn before the accident. The wreck may have sped up the process, but odds are, it was already worn. And the only way to check is to remove the transmission and get a specialist to examine it. Which is costly. You run in to this with older vehicles with high mileage. With newer vehicles, you rarely see it.

[porkbutt 861]

 

 

Transmission issues are a pain in the ass for both parties. A lot of times, the transmission was already worn before the accident. The wreck may have sped up the process, but odds are, it was already worn. And the only way to check is to remove the transmission and get a specialist to examine it. Which is costly. You run in to this with older vehicles with high mileage. With newer vehicles, you rarely see it.

i know. but her car only had 60k on it. i was getting it repaired either way. it was a broken band. their adjuster came out to look at it when shop was opening it up. my mechanic said it could happen in accident but wouldn't go as far as saying it happened in this accident. they (other parties insurance) just kept saying there was no proof to tie it to this accident. i said i had a working vehicle and now i don't...it must be the biggest focking coincidence in history of world then. :rolleyes:

[southcarolina 166]

Demand your money or the gecko starts losing fingers.

[IGotWorms 3,311]

I had 2 focking insurance experiences in last couple years. i have esurance. first was when my car got stolen....pain free...total loss after thief was in a high speed chase with my truck and crashed. got basically what i paid for it a year earlier...they even added on cost of new tires i just got.

 

second was a nightmare because i tried to go thru other person's insurance. my wife was rear-ended (insert joke)...not much body damage but transmission was messed up as she drove away. ended needing new trans. went thru hell trying to get trans covered. appeals, etc. finally got covered after months thru my own insurance that i ended up getting involved again....moral of story/my suggestion...ALWAYS GO THROUGH YOUR OWN INSURANCE...ALWAYS.

Of course it's easier to go through your own insurer: they owe you something. You are their insured so they must deal with you in good faith, and I think they actually owe you a fiduciary duty to in most states but I'm not positive of that. At any rate if your own insurer d1cks you over then you can sue them for it, and often times those lawsuits end very badly for the insurance company.

 

But the other guy's insurer? You are a third party to them. They don't owe you squat, at least generally speaking. So yeah, you're gonna have a far more difficult time dealing with them.

 

They do owe their own insurer a duty though, which you can often leverage against them. You won't pay for my car? Fine, I'll sue your insured and then you can explain to him why his insurer didn't just pay the damn claim on his behalf.

[BunnysBastatrds 1,914]

But the other guy's insurer? You are a third party to them. They don't owe you squat, at least generally speaking. So yeah, you're gonna have a far more difficult time dealing with them.

 

 

What are you talking about? Third parties aren't owed for damages caused by their insured? I don't know what world you live in but sign me up. Wow.

[IGotWorms 3,311]

 

What are you talking about? Third parties aren't owed for damages caused by their insured? I don't know what world you live in but sign me up. Wow.

I'm talking in terms of a legal duty such as good faith and fair dealing or a fiduciary duty. You aren't their insured, they don't owe you any such duty.

 

And legally it isn't established that their insured owes the third party anything yet (which would then require the insurer to pay on their insured's behalf). There is no finding of civil liability and no judgment to satisfy.

[IGotWorms 3,311]

Allow me to illustrate because I have a feeling this is not going to make sense to bunny or others.

 

Let's say Driver A is insured by Insurer.

 

Driver A hits Driver B.

 

Driver B says "Driver A, you owe me money."

 

Now Insurer doesn't owe anything to Driver B, because Driver B is not its insured. BUT the insurer owes a duty to Driver A, which is its insured.

 

Since Driver A will owe Driver B, the Insurer owes an obligation to Driver A to pay Driver B on Driver A's behalf. But, strictly speaking, the Insurer still does not owe Driver B anything, because Driver B is still not its insured.

 

Does that help?

[nzoner 936]

See if you can contact the insurance commissioners office in your state. Let them know that the insurance company is not dealing with you in good faith when their drunk driver client totaled your car. They might be able to assist.

This is great advice,I had to that a few years ago with a private disability claim for the mrs and within a couple of days we had a call from the insurance company and a very short time after that she started receiving her checks.

[Artista 460]

Hope you get this thing sorted out and compensated. I've been with Mercury Insurance for years and when my car got totalled by a hit and run drunk, they took great care of me. Good luck my friend.

[BunnysBastatrds 1,914]

I'm talking in terms of a legal duty such as good faith and fair dealing or a fiduciary duty. You aren't their insured, they don't owe you any such duty.

 

And legally it isn't established that their insured owes the third party anything yet (which would then require the insurer to pay on their insured's behalf). There is no finding of civil liability and no judgment to satisfy.

I meant "the insured". Not "their". Damn auto correct.

 

As soon as coverage and fault is established, the insurer has an obligation by law to pay for physical damage to third party vehicles when they are at fault. Very simple.

[BunnysBastatrds 1,914]

And 96.8% of auto claims are settled before they ever reach trial when there is a dispute. Why is that Worms? Pissed off judges? Or angry pretend attorneys?

 

I can count on one hand how many major disputes I've encountered with third partie claims over the years that went to court involving physical damage. It rarely happens.

[Bill E. 666]

But the other guy's insurer? You are a third party to them. They don't owe you squat, at least generally speaking. So yeah, you're gonna have a far more difficult time dealing with them.

 

They do owe their own insurer a duty though, which you can often leverage against them. You won't pay for my car? Fine, I'll sue your insured and then you can explain to him why his insurer didn't just pay the damn claim on his behalf.

Makes sense. I was told by the police that her insurance dropped her. the drunk had a suspended license from previous DUI's and was driving his wife's car. They probably dropped her for being dumb enough to stay with such an idiot. I doubt they would care if I sued their former clients. As everyone here says Bunny has been a big help and I need to probably go through my own insurance. Also Bunny found where they gave me a written estimate but it does not say much.

[Strike 3,968]

Makes sense. I was told by the police that her insurance dropped her. the drunk had a suspended license from previous DUI's and was driving his wife's car. They probably dropped her for being dumb enough to stay with such an idiot. I doubt they would care if I sued their former clients. As everyone here says Bunny has been a big help and I need to probably go through my own insurance. Also Bunny found where they gave me a written estimate but it does not say much.

 

- Worms and BB are both right re: their insurance companies duty to you. Technically, on a legal basis, Worms is correct in that you are a third party to them. However, he's incorrect where if they don't pay you they simply have to explain to the other driver why they didn't pay you. They have a legal obligation to pay any damages the other driver causes that are covered by his insurance. If they don't you may not be able to sue them but the other driver can. The other driver has a valid contract that says the insurance company will pay on their behalf.

 

- The fact that the insurance company dropped the other driver AFTER your accident doesn't mean they don't have to pay you. If that was the case insurance companies would just drop anyone who had an accident where the claim was any substantial amount. So they're still obligated to pay you since their insured was covered at the time of the accident.

 

- All that said, I've always used my own insurance company when I've had an accident. Part of the reason you pay them is to be your advocate in cases such as this. Also, in many cases they'll pay you from your insurance and get reimbursed by the other company so working with them can expedite payment. They know how the system works because they deal with it every day.

 

- I'd still contact the state insurance commissioner. Insurance companies don't want lots of complaints lodged with the entities that regulate them.

[RLLD 3,455]

Prepare to get your sh!t pushed in......

[Bill E. 666]

 

- All that said, I've always used my own insurance company when I've had an accident. Part of the reason you pay them is to be your advocate in cases such as this. Also, in many cases they'll pay you from your insurance and get reimbursed by the other company so working with them can expedite payment. They know how the system works because they deal with it every day.

 

- I'd still contact the state insurance commissioner. Insurance companies don't want lots of complaints lodged with the entities that regulate them.

I will probably do both. I appreciate the advice from everyone.

[IGotWorms 3,311]

And 96.8% of auto claims are settled before they ever reach trial when there is a dispute. Why is that Worms? Pissed off judges? Or angry pretend attorneys?

 

I can count on one hand how many major disputes I've encountered with third partie claims over the years that went to court involving physical damage. It rarely happens.

Yeah like I said, you weren't going to understand my point. It's OK, I deal with clueless adjusters all the time. You're good at your end of the job but really don't understand the big picture

[Bill E. 666]

Update today. I called them and left a message that I was going to call the Insurance Commissioner and go through my insurance company and I got a call back from the supervisor offering me 44% more than the initial offer. It was an old work vehicle I used for towing the boat and carrying tanks back and forth and it had a lot of miles. The offer was right about what I was thinking so I told them to process it. Thanks for the suggestions everyone.

[IGotWorms 3,311]

 

- Worms and BB are both right re: their insurance companies duty to you. Technically, on a legal basis, Worms is correct in that you are a third party to them. However, he's incorrect where if they don't pay you they simply have to explain to the other driver why they didn't pay you. They have a legal obligation to pay any damages the other driver causes that are covered by his insurance. If they don't you may not be able to sue them but the other driver can. The other driver has a valid contract that says the insurance company will pay on their behalf.

 

- The fact that the insurance company dropped the other driver AFTER your accident doesn't mean they don't have to pay you. If that was the case insurance companies would just drop anyone who had an accident where the claim was any substantial amount. So they're still obligated to pay you since their insured was covered at the time of the accident.

 

- All that said, I've always used my own insurance company when I've had an accident. Part of the reason you pay them is to be your advocate in cases such as this. Also, in many cases they'll pay you from your insurance and get reimbursed by the other company so working with them can expedite payment. They know how the system works because they deal with it every day.

 

- I'd still contact the state insurance commissioner. Insurance companies don't want lots of complaints lodged with the entities that regulate them.

That's exactly what I said

[Patriotsfatboy1 1,432]

Yeah like I said, you weren't going to understand my point. It's OK, I deal with clueless adjusters all the time. You're good at your end of the job but really don't understand the big picture

I think a lot of people are clueless about all of the nuances of fake lawyering.

[Bill E. 666]

That's exactly what I said

Yep and it worked. Thanks.