Insurance HELL update (my rear hurts!!) advise needed- any Lawyers?
05-26-2004, 07:36 AM
#1
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Insurance HELL update (my rear hurts!!) advise needed- any Lawyers?
Well the other guys ins co is accepting liability and totalled my car, BUT he only has 15k in property damage. DOH!! So now, my options are to colledt 15k from the other ins co and then deal with my own EVIL and sadistic Ins Co. My ins would not total the car, they figure on $13k to fix it. Now what I am going to propose is to have them total the car as well and pay me the difference. I don't think they can argue with the body shop and the other insurance Co's assesments (2 vs 1). If they do not agree I am gessing I can sue for ill will.
I hope ya'll have more coverage than state mininum, since now after it is all said and done, my insurance company is going to sue and collect from this poor soul~ $15k. I think I will be increasing my coverage from 50 property damage, heaven forbid I hit an rs6!
I hope ya'll have more coverage than state mininum, since now after it is all said and done, my insurance company is going to sue and collect from this poor soul~ $15k. I think I will be increasing my coverage from 50 property damage, heaven forbid I hit an rs6!
05-26-2004, 07:50 AM
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Property damage & uninsured motorist property damage claims
I don't know where you are, but most states require you to carry uninsured (read underinsured) motorist insurance which is equal to your liability limits. Reading between the lines of your post I suspect that you have 50k of liability. Accordingly, the other party's insurance will pay up to 15k of your damage and your uninsured motorist portion will pay the remainder. Although I'm sure it varies by state, uninsured motorist claims will NOT make your deductible go up. They will go after the other driver who will rue the day that he only had the state minimum.
As an alternative you can go against him yourself (only makes sense if he owns a house that has sufficient equity to pay your claim.....
As an alternative you can go against him yourself (only makes sense if he owns a house that has sufficient equity to pay your claim.....
05-26-2004, 08:07 AM
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The problem is that your insurance company thinks his has covered the damage.
Even assuming you have uninsured/underinsured coverage, if your insurance company thinks the damage is $13k and his is already paying $15k, they figure you've already been more than compensated for your losses. What is your car and how much is it worth? If his outfit really does pay you $15k, then unless you can convince a court that the car is worth more than $15k or you were damaged in some other way to the tune of more than $15k, you will have difficulty recovering. A court is likely to find that you have already been compensated for your provable damages and that you therefore have no further compensable damages. It really depends on what your car is worth. If >$15k, then you might have a claim. If <$15k, you might be out of luck.
By the way, this is not legal advice. For legal advice you need to talk to a lawyer who is licensed to practice in your state and who has accepted your case. These are just the incoherent ramblings of some bozo who is fooling around on the internet instead of working. You should talk to a lawyer in your area if you don't get satisfaction from the insurance companies.
By the way, this is not legal advice. For legal advice you need to talk to a lawyer who is licensed to practice in your state and who has accepted your case. These are just the incoherent ramblings of some bozo who is fooling around on the internet instead of working. You should talk to a lawyer in your area if you don't get satisfaction from the insurance companies.
05-26-2004, 08:20 AM
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I hereby release any and all liability pertaining to any advise, such advise is considered
compensation equal to the release of pertinenant information. I further agree that no liability will be assumed by you, or that I am under any obligation to accept such advise. Please consult your doctor before attempting to help, since my request for advice has not been proven to diagnose or treat any disease.
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05-26-2004, 08:26 AM
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I second that. A lawyer is to an insurance company as a mongoose is to a snake.
I had a minor fender bender with some idiot last winter and fought his insurance company every step of the way. They said they would pay for everything, but then balked at the bill after the work was done. They wanted to pay only to have my front bumper repainted, but not for the several hours' work and parts to reset it straight on the car. Their argument was that the structural damage "could have been" from a previous accident, and there was no way for them to find out now that the repairs were complete. I argued with the guy on the phone for like half an hour before I dropped the bomb: "Well, you have two choices. You can either reimburse me now, or I can get a court to order you to reimburse me. I'm an attorney, and I'm perfectly capable of handling a simple matter like this on my own." His response--no joke--was: "Well, then I guess we'll pay you now." Magic. Call a lawyer.
05-26-2004, 08:29 AM
#10
Here is my 2 cents worth..
1. Get a written statement from your Audi dealer explaining the depreciated value of you car.
2. Get an appraisal from a certified auto appraiser.
3. Send these and a letter to your insurance company and let them deal with the situation.
4. Talk to a lawyer and proceed with a claim if your insurance company is being difficult.
I had a similar situation and got an appraisal on the value of my car. In our part of the woods there is an arbitration procedure in place to settle issues like this. I ended up getting $5,000 more for my car than the insurance company had offered.
2. Get an appraisal from a certified auto appraiser.
3. Send these and a letter to your insurance company and let them deal with the situation.
4. Talk to a lawyer and proceed with a claim if your insurance company is being difficult.
I had a similar situation and got an appraisal on the value of my car. In our part of the woods there is an arbitration procedure in place to settle issues like this. I ended up getting $5,000 more for my car than the insurance company had offered.