by Guest » Mon Apr 20, 2009 03:37 pm
Last week I was hit by an 18 wheeler from behind 7-8 times from behind. It was rainning and I had been in front of him in stop and go traffic for two lights. He says he did not see me and that he hit me so many times because he thought his load shifted.
My toddler and I were both in the vehicle. Needless to say they totalled our vehicle but are only give us 1500.00 because they said of previous hood damage and a deductable. We paid 4200.00 for the vehicle and kelly blue book said 3600.00. They said minus 900 for previous damage and then 500 deductable okay that would be 2200.00. I don't get it? Plus the driver hit us from behind.
My insurance company is saying that and then going to work it out with there I feel railroaded and I don't want to accept that.
But no lawyer wants to accept the case unless there is serious injury to me or the baby. Basically unless its big money for them not out of integrity or honesty.. Isn't there anything i can do? The value won't even afford us a down payment for another used vehicle?
Can I sue them?
My toddler and I were both in the vehicle. Needless to say they totalled our vehicle but are only give us 1500.00 because they said of previous hood damage and a deductable. We paid 4200.00 for the vehicle and kelly blue book said 3600.00. They said minus 900 for previous damage and then 500 deductable okay that would be 2200.00. I don't get it? Plus the driver hit us from behind.
My insurance company is saying that and then going to work it out with there I feel railroaded and I don't want to accept that.
But no lawyer wants to accept the case unless there is serious injury to me or the baby. Basically unless its big money for them not out of integrity or honesty.. Isn't there anything i can do? The value won't even afford us a down payment for another used vehicle?
Can I sue them?
Posted: Mon Apr 20, 2009 04:58 pm Post Subject:
Hi Sandysummers,
it might be tough time for you, i can understand...
But i get astonished when i hear 'someone is bumping any vehicle for 7-8 times.' !!! oh!! its really different..
I know attorney will think that this is really not a big money and thus will not take your case.so surely you can sue them in small claims courts.I won't find any other alternative to this at this moment. :arrow: :arrow:
Posted: Mon Apr 20, 2009 06:36 pm Post Subject:
accidently hit you 7 or 8 times. Yeah, sounds like the driver of the rig wasnt paying attention and not being very safe.
Posted: Mon Apr 20, 2009 07:19 pm Post Subject:
I think there is some major confusion going on. You have a deductible on your own policy. If you file under your own policy you will initially be subject to your deductible and your carrier will recovery it from the other parties carrier and refund it. If you file directly under the other person's policy there is no deductible.
Is there damage to the hood of the vehicle? If so, some minor (very minor) deduction should be taken from the value. But question... is this carrier determining the cost to repair all of the damage and deducting that from the value? If so, there might not be much you can do but that is the _wrong_ way to determine the value. People expect a lower value vehicle to have some damage... that damage is considered in the lower over-all value of the vehicle. How many 15 year old vehicles has anyone seen without any damage? None. Book values take this into consideration.
If the carrier used a 3rd party vendor to determine the value, obtain a copy of the report and review it for correct information (mileage, options, comparable vehicles that are close to yours, etc).
If the carrier your dealing with is your own carrier (hence the deductible) then have the other carrier determine the value of your vehicle and go with the one that will pay more.
Posted: Tue Apr 21, 2009 01:56 am Post Subject:
Sorry to hear about your accident. Well, this is really a strange accident where driver hits your 7 to 8 times in a row. It should be noticeable when we hit something on the first time, how come he can continues hitting you further.
If your insurance company do not allow you to claims further, and i see this is not your fault, you should go for the court case and sue the driver with his careless driving. You should be bared all the damage cost and even some extra miscellaneous cost if you win the case.
Wish you luck!
Posted: Tue Apr 21, 2009 11:45 am Post Subject:
Hi,
We paid 4200.00 for the vehicle and kelly blue book said 3600.00.
KBB values are determined upon national averages and other factors which are not directly related to your local market. So these values are much subjective. They would include data from other markets. That's one reason why these values are not always near to a fair market value. Steven
Posted: Tue Apr 21, 2009 11:55 am Post Subject:
Oh Sandy what a horrifying experience!
First off no ins carrier I know of uses Kelly...If you want provide yr/make/model/mileage and options and I'll run a value for you...Your prior unrepaired damge (hood) will diminish the value of your vehicle (depending of course on the amount of this prior damage) did they write that the hood needs replaced? Even so it should be a percentage of this prior damage not the entire amount...what system did your carrier use to determine the value? (ccc, nada etc)...ask that they send, (email/fax whatever) a copy of their evaluation, as well as a copy of the prior damage estimate. If they are deducting 900 I'd say more than likely it's not JUST the hood that has prior damage.
You can always contact the carrier for the truck line and get this claim filed thru them (in fact I recommend it)...they will owe you a rental vehicle until yours is either repaired or an ''offer'' of total loss settlement has been made...Were you and your daughter injured at all? If so then the truck line (their ins company) will also owe you both an injury settlement..
Unfortunately what you paid for the car and it's value are of no consequence...if you had paid 1k for the car but it was worth 4k you'd still be entitled to the 4k not 1...so it works in reverse too..
If you want provide the requested info and i'll see what I come up with value wise, also be sure you get a copy of the prior damage estimate!
Posted: Tue Apr 21, 2009 05:25 pm Post Subject:
The guy is saying I cut him off which is not true and that is what is upsetting me because he is lieing. That is what their claims adjuster say. I feel it should go to court because he lied. He was totally at fault and this is unbelieveable.
They used CCC value? So I can request a copy of that report?
Posted: Tue Apr 21, 2009 09:42 pm Post Subject:
Yes, it will be long (several pages) you need to look it over very closely to make sure they have all the data regarding your vehicle correct it's easy to leave something out...yes, they HAVE to provide that to you as well as a copy of the unrepaired prior damage estimate..
no police report? no cops came to this accident? what about witnesses?
Posted: Fri May 01, 2009 05:20 am Post Subject:
Hey Lori, the OP has mentioned that the insurer has deducted $500 from the value of the car for deductibles, how is it so? Because as far I know deductibles don't apply to third-party claim.
I think the carrier is simply operating under bad faith. What you say?
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