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Dealing with insurance companies
- Thread starter dbracela
- Start date
Moved to off topic with a 30 day redirect.
ocod
Well-Known Member
Most important thing is you guys came out walking and only out a truck.
With that out of the way their insurance are on the hook for the property damage in terms of auto insurance.
x/x/x is $$ per claim per person up to x then its property damage(truck)
He may have only 10K?
Have your paper work in order as to year bought/regular maintenance/ and recent repairs. Then get 3 -4 quotes from NADA, Edmunds, Yahoo, and any other source. See where those prices are and what they are offering is what I would do.
You can also find find same truck on a lot a get quote to prove their estimate is to low for market. That should help your case.
Otherwise try going through your insurance see what they would do and get lawyer. You'll be driving two trucks........
Its hard w/o the details.
This is what sucks about after the accident. My truck was fine and dandy and now it costs me more to get another one.
With that out of the way their insurance are on the hook for the property damage in terms of auto insurance.
x/x/x is $$ per claim per person up to x then its property damage(truck)
He may have only 10K?
Have your paper work in order as to year bought/regular maintenance/ and recent repairs. Then get 3 -4 quotes from NADA, Edmunds, Yahoo, and any other source. See where those prices are and what they are offering is what I would do.
You can also find find same truck on a lot a get quote to prove their estimate is to low for market. That should help your case.
Otherwise try going through your insurance see what they would do and get lawyer. You'll be driving two trucks........
Its hard w/o the details.
This is what sucks about after the accident. My truck was fine and dandy and now it costs me more to get another one.
Had a 1969 F-350 tilt bed tow truck. Was in near perfect condition.
Offered us a number WAY below what we felt was fair. They based it on a regular truck without the tilt bed.
Long story short, we refused to take the money and contacted BBB. They told us to find comparable vehicles and submit this fair information to the insurance company.
We did so and they said it was too much. Contacted BBB and a lawyer and bottom line is, they must pay fair market value.
Since we would not accept the money the law stated the insurance company had the right to find a vehicle and buy it. They could not do so.
They came back and offered us 13 grand more than the first offer.
Offered us a number WAY below what we felt was fair. They based it on a regular truck without the tilt bed.
Long story short, we refused to take the money and contacted BBB. They told us to find comparable vehicles and submit this fair information to the insurance company.
We did so and they said it was too much. Contacted BBB and a lawyer and bottom line is, they must pay fair market value.
Since we would not accept the money the law stated the insurance company had the right to find a vehicle and buy it. They could not do so.
They came back and offered us 13 grand more than the first offer.
ocod
Well-Known Member
Most state laws clearly say they MUST return you to the condition you were in prior to the accident. This is true even in a no fault accident.
EVERY state must be allowed to permit the person to sue their own personal insurance company. This became in effect about 20 years ago. The reason is, no fault cases use to not be able to sue your own insurance as you almost always came out with a loss.
Tell them you will NOT accept the money as you can not replace the vehicle for the amount offered. Tell them you want them to find you comparable vehicles.
EVERY state must be allowed to permit the person to sue their own personal insurance company. This became in effect about 20 years ago. The reason is, no fault cases use to not be able to sue your own insurance as you almost always came out with a loss.
Tell them you will NOT accept the money as you can not replace the vehicle for the amount offered. Tell them you want them to find you comparable vehicles.
Thanks for the advice. I should mention that I'm in ontario, Canada, and have been offered the settlement from my own insurance company, who then deals with the guy who hit us.
Yes I am happy to be alive, but I now have a life to live, and that requires a truck, which I cannot afford to replace with an offer 1/2 of what the thing costs to replace.
I'll talk with them again now that I've looked up comparables. I'm not looking to make money here, not at all, but don't think I should be out thousands either.
Yes I am happy to be alive, but I now have a life to live, and that requires a truck, which I cannot afford to replace with an offer 1/2 of what the thing costs to replace.
I'll talk with them again now that I've looked up comparables. I'm not looking to make money here, not at all, but don't think I should be out thousands either.
I think a lot is the insurance company. A couple of years ago my wife was hit from the rear end while stopped at a traffic light, totally not her fault. The lady that hit her was insured by State Farm. State Farm bent over backwards to keep us satisfied, paid promptly for all repairs, provided a rental car, it couldn't have turned out better.
I don't know maybe they thought we were going to sue, maybe not. I don't think you ever come out whole in an accident, but this was about as painless as it could have been, hell State Farm even reimbursed us for the police report.
Lou
I don't know maybe they thought we were going to sue, maybe not. I don't think you ever come out whole in an accident, but this was about as painless as it could have been, hell State Farm even reimbursed us for the police report.
Lou
calling [MENTION=29781]Spimothy Leary[/MENTION]
I think that's the problem with ontario's insurance rules. MY own company pays me, I have no dealings with his company. I don't really understand it to be honest. I'd rather yell at his company than mine. My company has treated me well, I just feel their offer is a little unfair. I'm not going to make a huge deal about it, was just wondering if anyone has any little tips. I was actually preparing myself for disappointment.
In all honesty I am afraid of insurance companies. And leery of them and the language in the contracts, which I don't always understand. Here's why: Over the last 70 years, my grandfather, father, my brother and I hand built a cottage into a little piece of heaven. It burnt to the ground at Christmas with my brother in it. Replacement cost by today's standards, 250 000 not including contents. Total paid by my dads insurance company BEFORE having to pay for damage to hydro, etc... 45 grand. They agreed to pay for materials only. What's a bunch of logs worth right? And of course new bylaws and building regs mean you cant just build a cabin anymore, it has to be a house, and there are minimum square footage rules. That's 70 years of insurance premiums for nothing, because dad didn't understand the language. Our fault I suppose, but that's why I'm looking for a little advice.
Wow, that's it for my rant. Sorry.
In all honesty I am afraid of insurance companies. And leery of them and the language in the contracts, which I don't always understand. Here's why: Over the last 70 years, my grandfather, father, my brother and I hand built a cottage into a little piece of heaven. It burnt to the ground at Christmas with my brother in it. Replacement cost by today's standards, 250 000 not including contents. Total paid by my dads insurance company BEFORE having to pay for damage to hydro, etc... 45 grand. They agreed to pay for materials only. What's a bunch of logs worth right? And of course new bylaws and building regs mean you cant just build a cabin anymore, it has to be a house, and there are minimum square footage rules. That's 70 years of insurance premiums for nothing, because dad didn't understand the language. Our fault I suppose, but that's why I'm looking for a little advice.
Wow, that's it for my rant. Sorry.
You don't have to take their offer, blue book the vehicle value, they should be real close to that. I put my foot in the sand for two weeks until I got the correct value for our car. I was not willingly taking 3k less they were trying to get me to accept the value for a sedan when or car was a Wagon. This was an accident that was not our fault and we were dealing with our insurance company since the lovely woman that made an illegal u turn hit us. Oh and she ripped the radio from her car and split since the registration was illegal and she had no insurance. She left another woman there who was here with an international drivers license, who spoke great English, until the police showed up. She took a ride in the ambulance to the hospital, got checked out, picked up from the hospital and that was the end of her. Probably gave a fake name so they can't track her down. Just another one working the U.S. government, end rant.
Moral of the story, don't just give in to your insurance company, that's what they want, they want to wear you down
Sent from my SGH-T889 using Tapatalk 2
Moral of the story, don't just give in to your insurance company, that's what they want, they want to wear you down
Sent from my SGH-T889 using Tapatalk 2
Lboogie
New Member
I've battled plenty of insurance companies before. Some are better than others but most of them stink. Your laws in Ontario could be significantly different than here in NY. I suggest you contact an Ontario lawyer. Like NY, many may offer a free, brief consultation. Consult with at least one and then decide from there.
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Spimothy Leary
Well-Known Member
its difficult without specifics, and i'm only familiar with US insurance, specifically FL, but in general ...
its quite normal for your company to pay you (minus deductible) then subrogate against the other carrier and recapture the ded for you., not sure if its mandated that way, usually when the other company gives a lowball, customers go to their own company for a better offer, find out if you can do the same, ie: call the other company and see if they will settle direct, and bypass your own company.
use and collect as much data as you can on comparable cars... in addition to nada, kbb, and auto trader are used frequently by companies in the US, think of it as a "job" since if you spend 2 hours collecting data, and it makes you $500 more, then your making $250 an hour, so DON'T be lazy about it, take the time, (not 10 minutes) to collect the data to plead your case. you want a detailed list of cars IN YOUR AREA with price, mileage, condition, photo's, as many details as possible... for example if you see a comparable truck with more milage, but signifcantly less expensive that your estimated replacement, then make detailed notes about it, and why its not comparable, use any and all excuses as to why its not comparable. if a comparable is NOT in your area, get a shipping estimate, (get a high one) or two so you can say "this one might be comparable, but it will cost $900 to ship"
I repeat... 10 minutes of research isn't enough... if you want to approach it with 10 minutes of work behind you, you will lose.
collect service records, what's been done recently, new tires, brakes, shocks, stereo, whatever you can think of.
rack up the rental usage in the meantime, spend as much as you are allowed, it will encourage them to settle faster (that helped me recently, since I knew I could drag my feet over an offer, and it was costing them $300 a week for me to do so)
be polite, but firm, ask for their comparables,, you want to see which specific vehicles they are using to make the comparables, then you can look up those vehicles yourself and find out if they truly are comparable. don't just accept a number, you wan to see how they came up with that number.
now... whats funny, my daughter had a total in a not at fault, and I did all that work, expecting to go to war, and the company offered my $700 more than I was planning on fighting for... and I was shocked, I still sat on it for 2 days , then called and countered with, i'll accept it if you give me an extra week on the rental to shop for a replacement, they said OK
its quite normal for your company to pay you (minus deductible) then subrogate against the other carrier and recapture the ded for you., not sure if its mandated that way, usually when the other company gives a lowball, customers go to their own company for a better offer, find out if you can do the same, ie: call the other company and see if they will settle direct, and bypass your own company.
use and collect as much data as you can on comparable cars... in addition to nada, kbb, and auto trader are used frequently by companies in the US, think of it as a "job" since if you spend 2 hours collecting data, and it makes you $500 more, then your making $250 an hour, so DON'T be lazy about it, take the time, (not 10 minutes) to collect the data to plead your case. you want a detailed list of cars IN YOUR AREA with price, mileage, condition, photo's, as many details as possible... for example if you see a comparable truck with more milage, but signifcantly less expensive that your estimated replacement, then make detailed notes about it, and why its not comparable, use any and all excuses as to why its not comparable. if a comparable is NOT in your area, get a shipping estimate, (get a high one) or two so you can say "this one might be comparable, but it will cost $900 to ship"
I repeat... 10 minutes of research isn't enough... if you want to approach it with 10 minutes of work behind you, you will lose.
collect service records, what's been done recently, new tires, brakes, shocks, stereo, whatever you can think of.
rack up the rental usage in the meantime, spend as much as you are allowed, it will encourage them to settle faster (that helped me recently, since I knew I could drag my feet over an offer, and it was costing them $300 a week for me to do so)
be polite, but firm, ask for their comparables,, you want to see which specific vehicles they are using to make the comparables, then you can look up those vehicles yourself and find out if they truly are comparable. don't just accept a number, you wan to see how they came up with that number.
now... whats funny, my daughter had a total in a not at fault, and I did all that work, expecting to go to war, and the company offered my $700 more than I was planning on fighting for... and I was shocked, I still sat on it for 2 days , then called and countered with, i'll accept it if you give me an extra week on the rental to shop for a replacement, they said OK
Was doing my research last night and Canada has "no fault insurance. " so regardless of who's at fault, your own insurance company covers your loss. Just don't have to pay deductible and no increase in premiums as I wasn't at fault. I had thought my insurance company would fight for me against his, but no. Oh well. I said no to the original offer and they doubled it, and I'm still 2 grand below retail for the truck in its condition and mileage prior to the accident. But, it's close and way more reasonable. I'm wondering if the first offer was a mistake.
Thanks for your advice guys.
Thanks for your advice guys.
Sportster-2001-951C-Stock
Well-Known Member
Tell them it's unacceptable, and they need to escalate the matter to a higher managerial level. They're waiting for you to cave, do they provide a rental vehicle? Also, tell them your neck pain has been increasing due to unnecessary stress and trauma.
Spimothy Leary
Well-Known Member
forgive my non canadian response... but we have no-fault in most US state's as well, but it ONLY applies to medical injuries, not physical damage to the vehicle.. might be worth exploring that to verify
Spimothy Leary
Well-Known Member
you still need to make the effort to prove its unacceptable or make them "show their work" to prove why they think it is...
yes, milk the rental..
and be careful about the neck pain, but its a good negotiation tactic if worded properly, just don't cross the line, I can say that it worked for my dad, he had a very minor collision with 4 grandkids in the car, and he did "imply" that with a more fair offer, he'd be willing to sign a medical release, but if the offer didn't go up that he might consider taking them to a Dr and get a few xrays just as a precaution, since everybody is a "little sore". including his wife that would be 6 visits to the doctor. a "little sore" is a great way to run up a Dr bill quickly since a little sore = xrays, MRI, chiropracter, etc. however again, since its canada, not sure how that factors in, here in the US you can spend 10K pretty fast and easy.
so that could be used as an ace in the hole, or additional motivation, but if you don't want to cross the line, usually phone calls are recorded and they would just love for you to threaten to "create" a medical problem. however implying that you might be thinking about visiting a doctor just as a precaution while you wait for their offer to be reconsidered, and then implying that you'd also be more than willing to settle on a fair price today, including a medical release, is generally acceptable.
duly noted that with medical you have limitations on time, if you don't go quickly enough its not covered, I think here its 14 days, Florida.
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I'll look into that. Thanks man. It's a long weekend here so my adjuster is out till Tuesday.
They gave me a rental, set it up nice and easy for me, it has to be back by sept 6 whether or not I've found a replacement.
We were seen in hospital, my wife was given some meds and a script for massage therapy for her neck. They already have agreed to cover those expenses. She's missed three days of work, but no idea if work covers that, or insurance.
We have no desire to make this "bigger" than it is. The conversations with the insurance company have been polite and professional. No threats from either side. If they offer me another grand and continue to keep the wife on the path of recovery I'd sign right now. Just want it done and life back to normal.
The truck leaves the pound today, I went and hugged it goodbye and grabbed my plates.
Again, thanks for your advice, I'll post any updates, but probably won't hear from them again till next week.
Spimothy Leary
Well-Known Member
1) you likely can extend the rental, consider making that a condition of accepting the offer to give you time to shop around, its easier to find the "right" deal when your not under pressure to find a replacement in 3 days, (start shopping now)
2) they should reimburse wife for missed work as well (again, US response) even if she's covered by sick pay, she has "lost" those 3 sick pay days as a work benefit so she's eligible for reimbursement of that potential loss since maybe she gets sick a year from now and won't have access to those 3 additional days.
2) they should reimburse wife for missed work as well (again, US response) even if she's covered by sick pay, she has "lost" those 3 sick pay days as a work benefit so she's eligible for reimbursement of that potential loss since maybe she gets sick a year from now and won't have access to those 3 additional days.
We settled on a deal on the property damage side of things. Quite fair, to be honest. Fair, not profitable on our side, but I will no longer be at a huge loss, and my intention was never to make money with this .
The medical benefit side remains open until my wife is healthy which I am praying will be soon. I will ask the company what the deal is with the sick days. I'd rather have a healthy wife than a bunch of money any day.
They even reimbursed me for the gallon of seadoo synthetic I had in the bed of the truck! That stuff ain't cheap up here.
The medical benefit side remains open until my wife is healthy which I am praying will be soon. I will ask the company what the deal is with the sick days. I'd rather have a healthy wife than a bunch of money any day.
They even reimbursed me for the gallon of seadoo synthetic I had in the bed of the truck! That stuff ain't cheap up here.
AircraftDoc
Active Member
They even reimbursed me for the gallon of seadoo synthetic I had in the bed of the truck! That stuff ain't cheap up here.[/QUOTE]
And we have it! :seeya:
And we have it! :seeya:
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