by Guest » Sat Apr 05, 2008 01:30 am
I am going to settlement with an insurance company,they havent accepted liability for my damages eventhough thier driver was at fault. But my lawyers are going to close the case very soon. However Im worried about my property damage. I didnt have collision coverage and Im still waiting for them to take liability. My lawyer wants some proof that my car is totaled so that when they go to the table for settlement they can throw the cars KBB value in there also. Usually what do insurance companies accept ,would a letter from a body shop be replicable? Or will they question the fact that i didnt have collision coverage and deny me reimbursement for my property damage? How would this work? Would a typed letter be fine?
Posted: Sat Apr 05, 2008 02:13 am Post Subject:
Did the insurance company already look at your car during their investigation? If not, I highly doubt they are going to take the word of a body shop and will want to determine if the car is totaled themselves.
It does not matter what type of coverage you had if they accept liability so don't worry about that part.
I would question letting your attorney settle your property damage (car). Normally attorneys do not want to be involved in property damage settlements. As well, let say your car is worth 10K. Do you want your attorney taking 3K of your car's worth. If it were me, I would let your attorney fight for you for to get them to accept liability, and then address the car with the insurance company directly. It could depend on your agreement with the attorney, but why let them keep money for your vehicle?
Just my 2 sense (cents)
Posted: Sat Apr 05, 2008 01:07 pm Post Subject:
First of all they will not do anything unless and until they accept liability for the accident...period..
Usually what do insurance companies accept ,would a letter from a body shop be replicable?
They generally will inspect the vehicle themselves, write an estimate, and determine the vehicles ACV (actual cash value) then and only then they will determine if it's a total or not, and if so what the value is and will pay you that (still only if they accept liability)Or will they question the fact that i didnt have collision coverage and deny me reimbursement for my property damage?
Well first of all there is no reimbursement, but your having or not having collision coverage has nothing to do with it....How would this work? Would a typed letter be fine?
No, don't even go to the trouble, they will have to inspect the vehicle (if they accept liablity, ok, last time I'll say that)....they will not take yours or anyone elses word for it...I am going to settlement with an insurance company,they havent accepted liability for my damages eventhough thier driver was at fault. But my lawyers are going to close the case very soon.
I'm sorry Liza but this doesn't make any sense at all how are you ''going to settlement'' if they haven't accepted liability? They won't even discuss settlement of any kind until that is taken care of....What do you mean your lawyers are going to 'close the case'? Please explain this a little better...cause it ain't stirrin' the kool-aid... :?Posted: Sat Apr 05, 2008 06:35 pm Post Subject:
well to answer your questions....im sewing the insurance company...i guess for bodily injury,i went to therapy...i had a hematoma to my right head and still suffering from headaches. So i guess pain and suffering,loss wages etc. They havent taken liability yet....they havent denied it yet either but my lawyer told me that they are going to settlement very soon. eventhough they still havent taken liability.i dont know how they are going to settlement if they havent accepted liability.....thee investigator is still doing his investigation. Can they go to settlement without them taking liability for my car?
Posted: Sat Apr 05, 2008 06:36 pm Post Subject:
oh and can they demand insurance company to take liability if they are sueing?
Posted: Sun Apr 06, 2008 11:03 am Post Subject:
im sewing the insurance company...i guess for bodily injury,i went to therapy
Well, no I don't think you are...you might be sueing the person who was at fault for the accident, but not the insurance carrier...They havent taken liability yet....they havent denied it yet either but my lawyer told me that they are going to settlement very soon. eventhough they still havent taken liability.i dont know how they are going to settlement if they havent accepted liability.....
Again this makes no sense, they can't settle it soon or late, if they haven't accepted liablity...sorry...just can't happen...Can they go to settlement without them taking liability for my car?
They can't pay or settle ANYTHING without assuming liablity...''IF'' they assume liability they will owe for injuries and the damage to your car...oh and can they demand insurance company to take liability if they are sueing?
You can demand anything you want...but that doesn't mean it will happen...there is no carrier no where that will even discuss settlement until and unless the liability has been determined...What EXACTLY happened in your wreck? And do you have insurance?
Posted: Mon Apr 07, 2008 02:27 pm Post Subject:
The other driver was at fault....at the time of the accident I didnt have any insurance on my vehicle.,....I know stupid of me. I thought I was driving careful,but then she hit me. outta no where. So your telling me that the insurance company has to take laibility for the vehicle first or the accident its self.????It has been 2 months and they are still investigating.If they deny liability does that mean that they can deny me everything. My lawyer can still sue them and win(maybe)? If they say no.???? Im confused...because I thought as long as you go to therapy ,have proof of the accident and that you were injured,you could still sue.I m confused on how this works....
Posted: Mon Apr 07, 2008 02:32 pm Post Subject:
It sounds as if you have hitched your wagon to an ambulance chaser.
Posted: Tue Apr 08, 2008 11:04 am Post Subject:
If they deny liability does that mean that they can deny me everything.
yes.....My lawyer can still sue them and win(maybe)? If they say no.????
yes, if they deny it then of course you can still sue the at fault driver/owner, and yes, you may win....depending on the reason for denial...I thought as long as you go to therapy ,have proof of the accident and that you were injured,you could still sue.I m confused on how this works
I understand your confusion, and I'm sorry if I've made it worse... :roll: You can always sue for anything....but the fact that you go to therapy and were in an accident doesn't automatically mean the insurance company will owe you anything...It all depends on the facts of loss (what happened in the accident) and if the other party had an in force policy....Wilheldp
It sounds as if you have hitched your wagon to an ambulance chaser
I agree...Let me ask you something Liza, how did you find out about this attorney, and did the attorney 'recommend' or set up the appointments at this 'therapy' you are talking about? And what kind of therapy is it? What happened in the accident? Has you attorney told you that even if you are not at fault for this acccident, you could still be in trouble for not having insurance?
Posted: Tue Apr 08, 2008 05:11 pm Post Subject:
I was referred to him by a famil y member,He didnt say anything about me not having insurance( he's a old,rich jewish lawyer) who specializes in auto accidents. She ran the red light and hit me.He did help me with the therpay(he set me up with the doctor)I had pain in my back and arm,and i had a hematoma(bleeding under the skin) to my right head. The insurance adjuster hasnt denied or accepted liability so i dont know. I dont think i have a good lawyer because he didnt tell me half the stuff you have told me....i was in the dark.
So lori let me ask you,if they settle how does my property damage get included because like i said i didnt have inforce insurance. Do they cut seperate check for that(its totalled) . Or will the question the fact that i didnt have insurance...what kind of trouble can i get into? what will happen to me
Posted: Wed Apr 09, 2008 10:50 am Post Subject:
specializes in auto accidents. She ran the red light and hit me.He did help me with the therpay(he set me up with the doctor)
oh man..... :roll: this ain't good...and probably why the insurance company is having to take their time in the investigation, I'm sure they KNOW this attorney well...The insurance adjuster hasnt denied or accepted liability so i dont know.
well that's good news they haven't denied it yet....I dont think i have a good lawyer because he didnt tell me half the stuff you have told me....i was in the dark.
Well it certainly sounds like you have an ambulance chaser, there are no reputable attorneys that will recommend a therapist let alone set up an appointment...this is very worrisome...have you checked this attorney online, with your states bar association to see what kind of standing he has?So lori let me ask you,if they settle how does my property damage get included because like i said i didnt have inforce insurance
. If the other party is found totally at fault then they will pay for your vehicle irrespective of your having insurance or not....it (the auto damage) CANNOT be included with the injury they are two separate issues/claims...in fact it's against all fair claims practices to combine them...Do they cut seperate check for that(its totalled)
. Yes, or if it repaired too.....Or will the question the fact that i didnt have insurance...what kind of trouble can i get into? what will happen to me
They can't not pay if you are uninsured and not at fault...(there might be one state that does that...what state are you in?)....Then I can check about what kind of trouble you could get...Let me ask you a couple of things...did anyone get a ticket at the scene? How long ago was this? Were their any independent witnesses that saw the other party run the light? What progress (if any) has been made with the other insurance company? What exactly is this attorney doing/telling you about the claim? How much is his fee?Add your comment