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Started By
Message
OT Lawyers - Auto Insurance Hell
Posted on 9/24/15 at 8:31 pm
Posted on 9/24/15 at 8:31 pm
Long story short, I got hit. She has State Farm and I have Farm Bureau. FB calls and says, take the money and buy a new car. No, I don't want to. They lag for a couple days and say, ok, here's 80% and you can have a salvaged title. Ok, fine. Days later, I get my check and give it to my guy to make the repairs. As of today, 14 days later, I just get to give the check to him to begin ordering parts. FB calls me today and says my rental car expired yesterday and I owe for this.
Is this right? FB says to fight this to call the agent of the girl who hit me. I call him and he says call the claims office. They say call the adjustor. He's been on vacation since Monday and is out until Tuesday. In the meantime, I feel like I am in limbo.
I know I am ditching FB for their shitty service and jacked up rates, but do I another legal route to go to make my life a littler easier until the car is fixed?
Is this right? FB says to fight this to call the agent of the girl who hit me. I call him and he says call the claims office. They say call the adjustor. He's been on vacation since Monday and is out until Tuesday. In the meantime, I feel like I am in limbo.
I know I am ditching FB for their shitty service and jacked up rates, but do I another legal route to go to make my life a littler easier until the car is fixed?
12
Posted on 9/24/15 at 8:34 pm to rpg37
Once the carrier settles with you for the property damage, as a total loss, they no longer owe to pay for your rental.
Posted on 9/24/15 at 8:35 pm to rpg37
The one time I had a car totaled out by an insurance company (accident wasn't my fault), I had to sign something basically saying our business was done/claim was complete when they gave me the check. Rental car had to be returned that day.
Posted on 9/24/15 at 8:38 pm to rpg37
Make up the difference by treating your neck and back injuries and settling the bodily injury claim for a few bucks.
Posted on 9/24/15 at 8:39 pm to Festus
Even if I choose not to claim it as a total loss? I mean, what the hell is the point of me dishing out $100/month for 12 years, get hit, and I am the one losing money in this!! 
Posted on 9/24/15 at 8:44 pm to rpg37
You have no choice on the total loss issue. They have deemed the car a total loss. You chose to keep the salvage and have it repaired, and they agreed to let you do so, and reduced your payment accordingly as they didn't get to keep the salvage. But the car is still deemed a total loss, and they have made you "whole" by paying you for the damages as a total loss.
They paid your rental through the date that you received the check, at which point you're considered whole. However, if you were injured, as someone stated, and the other party was at fault, you can make up some damages on your pain and suffering claim. But that will come down the line.
They paid your rental through the date that you received the check, at which point you're considered whole. However, if you were injured, as someone stated, and the other party was at fault, you can make up some damages on your pain and suffering claim. But that will come down the line.
Posted on 9/24/15 at 8:47 pm to rpg37
quote:
I mean, what the hell is the point of me dishing out $100/month for 12 years, get hit, and I am the one losing money in this!!
White privilege
Posted on 9/24/15 at 8:49 pm to Festus
You can make a claim against the girl's liability coverage for your extra rental time while getting repairs.
We just went through a similar situation. I ended up paying for the rental out of pocket and eventually getting reimbursed several weeks later after many phone calls. They owe it if she is at fault, but they aren't in any hurry to help you.
We just went through a similar situation. I ended up paying for the rental out of pocket and eventually getting reimbursed several weeks later after many phone calls. They owe it if she is at fault, but they aren't in any hurry to help you.
Posted on 9/24/15 at 8:50 pm to rpg37
So when is your appt w neurologist about your neck and back pain?
Posted on 9/24/15 at 8:52 pm to Festus
Without knowing what kind of car and condition. Giving up 20% for the salvage sounds like an expensive lesson.
Posted on 9/24/15 at 8:53 pm to rpg37
Perfect example of why you should never deal with insurance companies without a lawyer. We are constantly trying to educate people about this, but no one believes us until it is too late.
Posted on 9/24/15 at 8:54 pm to Festus
quote:
Once the carrier settles with you for the property damage, as a total loss, they no longer owe to pay for your rental.
Posted on 9/24/15 at 8:56 pm to rpg37
Don't try to keep the damaged vehicle. It has been reported as "totaled" to the state and that will follow it on its title to the CarFaxes of the world.
Move on. Life is too short to sweat this sized stuff. Are you going to be bankrupted? Nope. They'll usually overpay for the actual vehicle's value a bit if you push them. If you didn't, shame on you. A good strategy when there is not an injury is to document all of the travel you had to do in the disposal of the wrecked vehicle and getting from the crash site to home....
Get creative, your time and travel have a value.
Move on. Life is too short to sweat this sized stuff. Are you going to be bankrupted? Nope. They'll usually overpay for the actual vehicle's value a bit if you push them. If you didn't, shame on you. A good strategy when there is not an injury is to document all of the travel you had to do in the disposal of the wrecked vehicle and getting from the crash site to home....
Get creative, your time and travel have a value.
Posted on 9/24/15 at 9:08 pm to Festus
quote:
However, if you were injured, as someone stated, and the other party was at fault, you can make up some damages on your pain and suffering claim.
Could OP still bring this claim after he settled with the insurance company?
Posted on 9/24/15 at 9:16 pm to zelman
Maybe depending upon what he signed (if anything)
Property (car damage/rental) & Liability (bodily injury) can be settled separately.
Property damage amount can usually be determined rather quickly where Liability could take months or years.
Property (car damage/rental) & Liability (bodily injury) can be settled separately.
Property damage amount can usually be determined rather quickly where Liability could take months or years.
Posted on 9/24/15 at 9:17 pm to zelman
Yes, vehicle damage and medical are separate.
Posted on 9/24/15 at 9:23 pm to mtcheral
Well, they offered me $7,700 for the vehicle, which was at the value. However, I cannot fathom buying new when I paid this car off 18 months early and is in such good shape. It's bullshite.
Posted on 9/24/15 at 9:27 pm to rpg37
LOL if you think that is insurance hell.
Try having a brand new car totaled before you make the first payment.
Try having a brand new car totaled before you make the first payment.
Posted on 9/24/15 at 9:30 pm to Napoleon
The policies themselves are illogical. It makes no sense how this has gone down and their delays in every step of the process is so angering to me.
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