by runningkid55 » Mon Oct 13, 2008 03:09 pm
Someone with a bad insurance company hit my car and I was originally going to go through that company to get the repairs done on my car. They sent out and adjuster and cut me a check for $3500. I cashed it and then found out they were only going to put used parts on my car.
I decided to go through my insurance at that point. (My insurance said the damages were $9700.) I got a rental through the 'at-fault-party's' insurance and they called me to let me know that they are not going to pay for my rental anymore. So I owe the rental company for the last three days.
I had planned on not touching the $3500 because I was pretty sure someone would come looking for that money. Can I take part of the $3500 and pay the $250 for my deductible and a couple of days of rental car? When someone comes looking for the $3500, are they going to want the $250 deductible and the car rental amount as well?
I don't think it's fair that anything should come out of my pocket since it wasn't my fault. I am keeping this money set aside and I did let my insurance company know that I had that money.
Any help would be greatly appreciated!
I decided to go through my insurance at that point. (My insurance said the damages were $9700.) I got a rental through the 'at-fault-party's' insurance and they called me to let me know that they are not going to pay for my rental anymore. So I owe the rental company for the last three days.
I had planned on not touching the $3500 because I was pretty sure someone would come looking for that money. Can I take part of the $3500 and pay the $250 for my deductible and a couple of days of rental car? When someone comes looking for the $3500, are they going to want the $250 deductible and the car rental amount as well?
I don't think it's fair that anything should come out of my pocket since it wasn't my fault. I am keeping this money set aside and I did let my insurance company know that I had that money.
Any help would be greatly appreciated!
Posted: Mon Oct 13, 2008 08:58 pm Post Subject:
If you accepted money from the other carrier you CANNOT also file a claim with your own carrier... which is _exactly_ what you are doing. If your carrier makes a payment without checking for the status the claim with the other insurance company, they will seek _full_ reimbursment from you, period. You can also expect your policy with this carrier to be non-renewed. I have no idea why your carrier would do anything at this point, let alone move forward with the claim knowing you've already been paid.
Like it or not, you are collecting twice for the same loss. Now that you have cashed the other carriers check, they may consider the claim settled and not accept it back (I know I would not).
BTW - you had used parts on your car so why the problem with used parts? Your carrier will probably do the same.
No you cannot keep part of the other carriers money and only give back what is remaining. For the same reason you can't keep it all and file the claim all over again with your own carrier. You are about a hair away from committing _insurance fraud_.
Posted: Mon Oct 13, 2008 09:04 pm Post Subject:
That sounds fair. Most repair places will use used parts sometimes evn "after market parts". Look at it this way..If you didn't have any insurance and had to repair the vehicle on your own would you pay $500 for a fender that looks and works the same as a $100 fender?
Posted: Mon Oct 13, 2008 11:30 pm Post Subject: response
I told my insurance company up front that I had the money from the other insurance company. I told them how much I had. They still went ahead and did all of the repairs and put new parts on my car.
I don't want to 'keep' a cent of their money. I want them to cover the entire expense of the accident. That is all
Posted: Mon Oct 13, 2008 11:34 pm Post Subject:
I have a strange feeling either the adjuster who hanlded your claim was not given that information and/or somewhere down the road the person who you told is going to forget that they were ever told. There is just no reason for your carrier to pay a claim that you've already been paid on. Your carrier will at least want you to pay then 100% of what the other carrier paid you and even then, they could then not get one penny from the other carrier. I see no reason why any carrier in their right mind would do this.
Posted: Tue Oct 14, 2008 09:30 am Post Subject:
They will pay it all (maybe) because your carrier will subrogate them for the total amount of repair...9700.00 per your post..then when the other company writes back to your carrier and says, 'we don't know what you're talking about we paid her already AND she's cashed the draft' your carrier is going to have a fit! You need to call your ADJUSTER and tell them directly about this...you will need to send a certified check back to that carrier and tell them you do not accept their payment....but talk with your adjuster first...you say you told 'your ins company' but not who at your company...i'm with T no way in the world an adjuster would just ignor this and pay the claim AGAIN...and of course they pulled the rental you can't stay in a rental without your vehicle in the process of repair...honey you'd better get on this right now, because you are setting yourself up for some trouble if you don't.
Posted: Tue Oct 14, 2008 04:08 pm Post Subject: Multiple source recovery
Like it or not, you are collecting twice for the same loss. Now that you have cashed the other carriers check, they may consider the claim settled and not accept it back (I know I would not).
You are certainly entitled to loss of use, and loss of value due to the negligence of their insured, both of which would not be covered by your own insurance policy with exception of rental if you had coverage.
Consult and use attorney, on whether you can use this money to settle those claims. As long as you use your insurer's payment for repairs of the vehicle, you are not violating any double dipping and are not impeding their rights of subrogation since they would not collect for loss of value or loss of use unless your policy provided for them. This method of multiple source recovery has been successful when properly executed by an attorney.
Posted: Tue Oct 14, 2008 04:35 pm Post Subject:
As long as you use your insurer's payment for repairs of the vehicle, you are not violating any double dipping and are not impeding their rights of subrogation since they would not collect for loss of value or loss of use unless your policy provided for them.
While this would seem correct, it's really not. It would be very easy for the other carrier to show that their payment was to address the damage to the OPs vehicle as well as a slight payment for loss of use. So right there, it's double dipping. But to further this, if the OP's carrier makes a payment for property damage, they are then subrogated to the OPs right of recovery. Again, we go back to the fact that the OP collected on this already. The OP cannot negotiate or accept payment knowing it's for one thing and then call it payment for something else... this won't work when the OP involves his own carrier as the OPs carrier then has a right to any payment the other carrier makes.Let me present a situation to better explain: I file a claim with my own carrier for $1000 in PD. My carrier subrogates the at fault parties carrier. By mistake, the other carrier sends me the $1000. Now... I don't give it to my carrier as I say it's for something else (loss of use, DV, because the other carrier thought I was good looking, etc). That is just not going to fly. Same in this situation... the OP cannot "relabel" the PD payment as something else and keep it.
Plus, when you say that DV is owed, you actually don't know this to be correct. Point me to one statute or case in the OP's state showing DV is owed.
Bottom line, the problem is that I suspect the other parties carrier won't take the OP's money as they consider the claim settled (payment was made and accepted for the PD and LOU). The best possible situation here is that the OP's carrier will take what the OP pays them and call it even. I see no reason why they would walk into this can of worms knowing this is their only choice. I'm a little afraid (and Lori mentioned this as well) that the OP told some CSR that he had the other carriers money and they did not have the knowledge to understand this was important and did not pass that information into the adjuster. If the OP can show that this info was given, GREAT! But if not, or in any case, I think the situation is going to go south.
Posted: Tue Oct 14, 2008 06:40 pm Post Subject:
Shouldn't the poster have left his adjuster handle this from the very beginning? I know any time we have any damages whether due to ourselves , an animal or another driver our first call is to our insurance company.
Posted: Tue Oct 14, 2008 06:47 pm Post Subject:
Most people don't want to have to pay their deductible amount if they were not at fault. So many people file the claim with the other parties carrier.
Posted: Tue Oct 14, 2008 06:53 pm Post Subject:
Oh I see. Don't you though take the irsk in going through what the poster did? I just always assumed it would be best to have your own ins. company on your side...I guess if the deductible was really high but even at that look at the differences in the amounts from ins. com. to ins. co. 3500/9700...would have been better off paying the deductible
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