Total Loss Car Accident Question

by Gfoyle » Fri Sep 21, 2007 03:12 pm
Posts: 13
Joined: 21 Sep 2007

I just had my first ever car accident and insurance claim. The driver for the other car was totally at fault so her insurance company, Gieco, has accepted full liability. I've been dealing with them and I have three questions:

1) The car was a total loss, Gieco's appraisal of the value of the car is $1000 different than the appraisal from my insurance. How should I approach this. I would rather avoid going throught my insurance so as to avoid my rate going up or paying the $500 deductalbe. Please advice

2) Currently Gieco is suppling me with a rental car, but they have only given me 7 days worth of rental. How long can I ask for the rental, especially since I still havent settled the value of the car or given the the lienholder info for payoff.

3) My son suffered some minor injuries, bruised knee and slight whiplash. I've taken him to his doctor and he appear to just be a little sore. Should I only ask for reembursement of for the doctor's visit or ask for a small additional amount incase he doesn't feel better by next week and needs to be seen again. What amount if I should ask for this.

Any help would be greatly appreciated. Thanks

Total Comments: 31

Posted: Tue Oct 09, 2007 04:45 am Post Subject:

Hi anonymous1, your post has been shifted to the following URL. Pls. click on it to view your post.

http://www.ampminsure.org/claims/carinsurance-claims.html

Regards,
Lakemen

Posted: Thu Dec 27, 2007 12:50 pm Post Subject:

Hi sade, I moved your post here >> http://www.ampminsure.org/claims/about3700.html
as it is a new question... :)

Thanks,
Lakemen

Posted: Thu Jan 17, 2008 06:06 am Post Subject: Post Shifted

Hi nature, you would find your post here >> http://www.ampminsure.org/claims/about3892.html

Thanks,
Lakemen

Posted: Wed Oct 29, 2008 07:51 pm Post Subject: Oregon car accident

Hi mydaughter was reared ended a year ago. She has been going to the doctor and pysical therapy. It has not helped. She is a college student and has tried to continue to work but the injury from the accident has made it so that she is constantly in pain. How do you go about seeking wage loss from your job or the insured carrier, that rear ended her. Please help

Posted: Thu Oct 30, 2008 04:24 am Post Subject:

If she has been working at the time of the accident and had missed her work for it, she may be entitled for the wage loss. However, a college student can't demand compensation for wage loss if her graduation has been delayed for the accident. However, she work status may also play a role in determining her benefits i.e. in many state the benefit is only awarded to the taxable income.

~Jeremy

Posted: Thu Oct 30, 2008 04:25 am Post Subject:

The wage loss claim, if any, should be filed under the policy of the responsible driver. The employer has no liability of the wage loss caused in an auto accident, if its not mentioned otherwise in the contract drawn by the employer. I'd suggest you to discuss the issue with the insurance adjuster for clarification.

Posted: Mon Oct 05, 2009 07:28 am Post Subject:

I was In A car Accident i Hit A car from behind my wife was in my passenger seat she was injured. this is my First car accident, my car is a total loss i have full cover insurance what do i do from here anyone can help

Posted: Mon Oct 05, 2009 07:29 am Post Subject:

I was In A car Accident i Hit A car from behind my wife was in my passenger seat she was injured. this is my First car accident, my car is a total loss i have full cover insurance what do i do from here anyone can help

Posted: Tue Sep 07, 2010 11:32 pm Post Subject: Totaled Car

My daughter had an accident and she was not at fault. Her car was totaled and the insurance company wants to pay cash value and NOT replace the car. Is that acceptable. I was under the impression that they had to at least replace my car and the amount they are offering will not replace it.

Posted: Thu Sep 09, 2010 07:02 pm Post Subject:

the insurance company wants to pay cash value and NOT replace the car. Is that acceptable. I was under the impression that they had to at least replace my car and the amount they are offering will not replace it.



Many people, unfortunately, have a misconception (your word is "impression') of what auto insurance is going to do in the event of a collision or other total loss. Unless you have a specially issued policy that places a specific value on an automobile, the standard policy language only promises ACTUAL CASH VALUE which is the same as saying, "We will pay the replacement cost of your particular make, model, and year of vehicle, MINUS all depreciation up to the moment before the event that destroyed the remaining value of the vehicle."

No auto policy promises replacement of the vehicle only. The words of the contract usually permit one of three alternatives: repairs, replacement with another vehicle of like type and quality, or actual cash value. Add to that the other qualifying language: whichever is less. You would probably prefer language "whichever is more", but insurance is not like Burger King . . . you don't get it your way.

Instead, most states' laws allow an insurer to "total" a vehicle when the cost to repair or replace exceeds just 75% or 80% of the actual cash value. Where disputes arise in a claim is over the determination of the ACV. They say it was worth $5000 and you believe it was worth $10,000. One or both will eventually have to agree to some other value.

The insurance company is acting within the law. The only question is: Are they offering your daughter a reasonable amount of money based on the ACV of the vehicle? You don't have to accept their first offer if you think it is too low. You can always make them show you the justification for their decision. If you can provide a different (higher) justification, they may agree to match that or will negotiate somewhere in between. Accepting any offer ends the insurer's obligation to perform.

The course of action you choose to take is up to you. You could even complain to the state's Dept of Insurance if you think the insurance company is abusing you. But it is not a matter at this point for some attorney to handle. That, in my opinion, would be a mistake

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