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Started By
Message
re: Any Auto Insurance Gurus around (Accident Related)
Posted on 1/7/15 at 1:55 pm to CaptainsWafer
Posted on 1/7/15 at 1:55 pm to CaptainsWafer
CW, you seem to be spot on with your insurance knowledge. Can you help me out with question?
Friend involved in MVA with US Agencies. Their driver clearly at fault, rear ending witnessed by police who issued their driver citations, etc.
Friend's vehicle totaled and towed to wrecker yard 12/19. US Agencies calls and says they can't get in touch with their driver, and won't do anything to settle PD until then, or they get police report. Police report still not ready.
US Agencies calls and says they will not pay storage charges past 1/3/14. Says it is his responsibility to move it. He doesn't know where to move it. Called storage yard who says they need order from insurance company to pick up. USA says they will deduct storage fees from PD settlement. Says as long as they send letter telling him they will not pay, they don't have to.
I say that they haven't even accepted liability, and have surely not made him any offer on PD settlement. They haven't sent anyone even out to assess damages. They are responsible for all storage, up until they make offer to settle.
Assuming USA is at fault, do you agree? What should friend do in response to this threat to reduce PD payout by storage fees?
Anyone welcome to chime in.
Friend involved in MVA with US Agencies. Their driver clearly at fault, rear ending witnessed by police who issued their driver citations, etc.
Friend's vehicle totaled and towed to wrecker yard 12/19. US Agencies calls and says they can't get in touch with their driver, and won't do anything to settle PD until then, or they get police report. Police report still not ready.
US Agencies calls and says they will not pay storage charges past 1/3/14. Says it is his responsibility to move it. He doesn't know where to move it. Called storage yard who says they need order from insurance company to pick up. USA says they will deduct storage fees from PD settlement. Says as long as they send letter telling him they will not pay, they don't have to.
I say that they haven't even accepted liability, and have surely not made him any offer on PD settlement. They haven't sent anyone even out to assess damages. They are responsible for all storage, up until they make offer to settle.
Assuming USA is at fault, do you agree? What should friend do in response to this threat to reduce PD payout by storage fees?
Anyone welcome to chime in.
Posted on 1/7/15 at 1:59 pm to Festus
quote:
Friend's vehicle totaled
Does he have collision insurance? If so, bring his carrier into play.
If not, go buy a new vehicle and be prepared to sue US Agencies over the PD.
Posted on 1/7/15 at 2:02 pm to Festus
Lawyer up!
If they want to play a game with you then you play right back with them.
As for a rental, they are supposed to pay for a rental of the same approximate size of the vehicle you have now.
Also, be careful not to get replacement parts that are from a vehicle that was in a wreck before. I know for a fact that State Farm will not give you new parts to fix it. They want to use parts from a vehicle that was involved in a wreck. So if you need a rear bumper they will find the same vehicle type that was involved in a front collision and give you its rear bumper.
If they want to play a game with you then you play right back with them.
As for a rental, they are supposed to pay for a rental of the same approximate size of the vehicle you have now.
Also, be careful not to get replacement parts that are from a vehicle that was in a wreck before. I know for a fact that State Farm will not give you new parts to fix it. They want to use parts from a vehicle that was involved in a wreck. So if you need a rear bumper they will find the same vehicle type that was involved in a front collision and give you its rear bumper.
Posted on 1/7/15 at 2:50 pm to Festus
Vehicle owner has a duty to reduce further damages or costs. Part of that being moving the car from the storage yard, which will be at his cost unfortunately. Should USA accept liability, he should be paid for the car and the towing/storage costs incurred.
If he has collision coverage, Id file a collision claim, eat the deductible and wait to be reimbursed by USAgencies.
****not legal advice, just my opinion on what Id do.
Went thru a similar situation with MrsWafer when someone destroyed her car, then "couldn't remember" what happened in the accident. Despite a witness who clearly saw the entire chain of events. Still had to wait on the police report, so I asked our adjuster to handle our veh damages.
ETA I see he doesn't have collision. He can have his car moved to his house, again at his expense, and wait on USAgencies. He can either pay it up front and get reimbursed, or let his car sit and pay the difference from the day they will stop paying until it's moved.
If he has collision coverage, Id file a collision claim, eat the deductible and wait to be reimbursed by USAgencies.
****not legal advice, just my opinion on what Id do.
Went thru a similar situation with MrsWafer when someone destroyed her car, then "couldn't remember" what happened in the accident. Despite a witness who clearly saw the entire chain of events. Still had to wait on the police report, so I asked our adjuster to handle our veh damages.
ETA I see he doesn't have collision. He can have his car moved to his house, again at his expense, and wait on USAgencies. He can either pay it up front and get reimbursed, or let his car sit and pay the difference from the day they will stop paying until it's moved.
This post was edited on 1/7/15 at 2:57 pm
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