by LUCINDA574 » Sat Jul 11, 2009 03:46 am
I was involved in an accident with my children on Monday, a lady made a left hand turn across a divided roadway and never stopped and I ended up in her passenger door. I have a 2009 Kia Sportage 2WD 4 cyl with 15,000 miles and have extensive damage in the front end, air bag deployed and I was taken by ambulance to the ER for severe abdominal pain and dizziness. Let me add I am also almost 4 months pregnant. The police report shows she was totally at fault for failure to yield.
Well the auto adjuster (Farmers) went to the tow yard today to look at my truck. She said there approx $7500 worth of damage that she could see and that it would not be totaled. She called me back 3 hours later, said they could not get the hood open to check inside the engine compartment but at this point, the bids came back from salvage and we are at the line right now where it looks like it would be totaled. She would not give me a figure as to how much damages are now or what the new damage is she found, only said that salvage bids came back very high for it and they were taking it to the dealer to be torn down and if more damage was found it would be totaled....
I really dont understand how it can go from fixable to totaled in a matter of hours with no reports of further damage and I am totally confused as to what salvage has to do with it. Can you explain salvage and est what my truck is worth?
Also, I went to ER and was sent home 6 hours later after being told that I was a "probable miscarriage" and could lose the baby that night. I was having severe cramping, but at 14 weeks they cannot do anything to stop the contractions and there was a good chance I was going to lose the baby. Thank God so far everything is good, I am on bedrest for the most part and my OB is going to send me to a specialist as I am having back spasms, severe headaches ( I cracked my head pretty good I guess, I have a goose egg over my left ear) and my neck/shoulders are killing me and occasional female cramping still.
My children were checked by their Ped the day of the accident, they had slight bruising from the car seat restraints but otherwise were ok.
The medical adjuster came to my house today to get my statement and for me to sign a waiver for her to get my medical records from the accident. She told me she would not pressure me to settle for anything as far as medical on me since I am still under care, but they we needed to settle for the girls since they were ok. She offered to pay for their carseats, the doctor office charge and to give them each $500 for injuries. I almost didnt take theoffer because it just seemed odd, I had not asked for anything, I honestly had even thought about the kids bill yet when she said that normally in cases such as ours she gives each child $500. So I felt pressured and sign off of the kids. But now I keep thinking that an hour after she leaves the auto lady calls and says we are totaling your car and I feel like a pushover.
I dont want to get a lawyer, I just hate the idea of it, seems slimy because I am not trying to get anything out of them, just the bills paid but I am scared with the truck they arent going to give me what it is worth and unfortunately we do not have GAP on it, we do our other car, but evidently we did not add it to our policy on the truck. I have only had the truck 3 months and am afraid we are going to end up owing tons on it and not having it and then settling on the medical and something comes up with the baby because she says she isnt being pushy but then she makes remarks like we can have it all wrapped up in a week or two if we cooperate. I really need your advice or suggestions. Should I get a lawyer or do I just wait it out with the adjusters and hope everything gets paid for??
Well the auto adjuster (Farmers) went to the tow yard today to look at my truck. She said there approx $7500 worth of damage that she could see and that it would not be totaled. She called me back 3 hours later, said they could not get the hood open to check inside the engine compartment but at this point, the bids came back from salvage and we are at the line right now where it looks like it would be totaled. She would not give me a figure as to how much damages are now or what the new damage is she found, only said that salvage bids came back very high for it and they were taking it to the dealer to be torn down and if more damage was found it would be totaled....
I really dont understand how it can go from fixable to totaled in a matter of hours with no reports of further damage and I am totally confused as to what salvage has to do with it. Can you explain salvage and est what my truck is worth?
Also, I went to ER and was sent home 6 hours later after being told that I was a "probable miscarriage" and could lose the baby that night. I was having severe cramping, but at 14 weeks they cannot do anything to stop the contractions and there was a good chance I was going to lose the baby. Thank God so far everything is good, I am on bedrest for the most part and my OB is going to send me to a specialist as I am having back spasms, severe headaches ( I cracked my head pretty good I guess, I have a goose egg over my left ear) and my neck/shoulders are killing me and occasional female cramping still.
My children were checked by their Ped the day of the accident, they had slight bruising from the car seat restraints but otherwise were ok.
The medical adjuster came to my house today to get my statement and for me to sign a waiver for her to get my medical records from the accident. She told me she would not pressure me to settle for anything as far as medical on me since I am still under care, but they we needed to settle for the girls since they were ok. She offered to pay for their carseats, the doctor office charge and to give them each $500 for injuries. I almost didnt take theoffer because it just seemed odd, I had not asked for anything, I honestly had even thought about the kids bill yet when she said that normally in cases such as ours she gives each child $500. So I felt pressured and sign off of the kids. But now I keep thinking that an hour after she leaves the auto lady calls and says we are totaling your car and I feel like a pushover.
I dont want to get a lawyer, I just hate the idea of it, seems slimy because I am not trying to get anything out of them, just the bills paid but I am scared with the truck they arent going to give me what it is worth and unfortunately we do not have GAP on it, we do our other car, but evidently we did not add it to our policy on the truck. I have only had the truck 3 months and am afraid we are going to end up owing tons on it and not having it and then settling on the medical and something comes up with the baby because she says she isnt being pushy but then she makes remarks like we can have it all wrapped up in a week or two if we cooperate. I really need your advice or suggestions. Should I get a lawyer or do I just wait it out with the adjusters and hope everything gets paid for??
Posted: Sat Jul 11, 2009 03:55 am Post Subject:
Oh I am in Indiana also
Posted: Sat Jul 11, 2009 01:17 pm Post Subject:
I really dont understand how it can go from fixable to totaled in a matter of hours with no reports of further damage and I am totally confused as to what salvage has to do with it. Can you explain salvage and est
Sure I can explain it...let's say your vehicle is worth 15k...they write an estimate for 7500.00 vehicle is still at this point repairable. The adjuster calls and gets a salvage bid (what they expect to get for the wrecked vehicle)...This bid comes in much higher than expected..lets say in this example the bid is 8k...the salvage bid is subtracted from the ACV (actual cash value) of the vehicle...so in this example 15,000-(minus) 8k (sal. bid) = 7k, that is the amount that they can spend to repair the vehicle...anything over 7k (in my example) would cause the vehicle to total...(ACV-salvage bid = most that can be spent on repair).what my truck is worth
This is a little more difficult, since it's a current year model. Also each carrier has their own system, (NADA, CCC etc). Most carriers on a current year model will take the cost of replacing with the same (including any dealer incentives)..and subtract ''x'' amount for each mile. Most of the time this amount is what the IRS allows for mileage payments...I'm not sure anymore what that amount is. The other option is for them to do a 'market survey' that is done by contacting several dealers and ask what they would be asking for your vehicle setting on their lot. Let me caution you in advance, as you know, not much depreciates faster than a new car the second it's titled and driven off a new car lot. I assume that this vehicle has a lein on it?honestly had even thought about the kids bill yet when she said that normally in cases such as ours she gives each child $500
She's right, this is pretty standard, actually for my area this would be pretty generous for no injury, and only treatment is a check up..So I felt pressured and sign off of the kids.
Doesn't sound to me like she pressured you at all...you could've said no, but why? If you are confident (and you say you are) that the kids are fine, then why not settle their claims?But now I keep thinking that an hour after she leaves the auto lady calls and says we are totaling your car and I feel like a pushover.
I don't understand your logic on this at all...First of all one has absolutely nothing to do with the other..(vehicle damage and injury claims)...And I can all but guarantee that the injury adjuster had no idea what the physcial damage adjuster was doing, and visa versa...again, one has NOTHING to do with the other...They are each separate claims that stand alone, and CANNOT be grouped nor used to offset or negotiate the other...I assure you there was no 'funny business' going on...What do you mean by a 'push over'? Do you think the kids claims should've been valued more than 500 bucks and their doc bills? I sure don't...in fact I'd have offered maybe 200 - 250.00just the bills paid
You've already got more than that on the kids claims..and you are due more than just your bills paid on your claim as well...but if you were my daughter, I'd tell you not to even 'consider' settling your claim until this baby is born, and is atleast 60-90 days old...you need to make sure everything is ok with the baby before you settle your claim.I am scared with the truck they arent going to give me what it is worth and unfortunately we do not have GAP on it, we do our other car, but evidently we did not add it to our policy on the truck.
They will give you what it's worth, but what it's worth could very well be less than you owe on it. The owe you the vehicles ACV..only...they do not owe to get you out of debt if you are upside down in it...Have you filed this claim with your carrier? If you haven't you need to, for a couple of reasons. If you have medpay on your policy and your state allows double dipping, then that's some more money you have coming to you that you might as well get. Secondly, if the vehicle totals, then you need to allow your carrier to determine a value as well...see which one is more, and settle the physical damage claim with the carrier that offers the most. If it's your carrier, the at fault carrier should 'front' your deductible, your carrier will subrogate the at fault carrier, this should not in any way affect your premiums..It will be coded as a 'non-chargeable' accident. It will be a claim against your policy, but a non-chargeable one. Another reason to file with your carrier, is if the other/at fault carrier determines your vehicle is a total, it's possible that your carrier may disagree, and consider your vehicle repairable, again, they would subro the other carrier.Most attorneys will not handle the physcial damage portion of auto accident claims, not enough money in it :roll: , like an injury claim...injury claims are subjective, physcial damage claims, well they are what they are, they are tangible property with pretty much a set value and even if an atty would take the PD claim on by the time they took their fee, which would be a percentage of what they paid you, you'd have even less to pay the note off with. And no, attorney fees are not 'added' to the settlement amount.
then settling on the medical and something comes up with the baby because she says she isnt being pushy
Honey, I'm sorry but you've lost your mind if you settle your BI claim before you have this child...and what do you mean because she's 'not being pushy'? It's not up to her if you settle the claim now or not, that is your call and your call alone...but then she makes remarks like we can have it all wrapped up in a week or two if we cooperate.
Now wait a minute, she said, ''if you cooperate''? or did she say, 'if you want to settle'? BIG difference? What cooperation could she possibly be talking about ?I really need your advice or suggestions. Should I get a lawyer or do I just wait it out with the adjusters and hope everything gets paid for??
I've been perfectly clear on my advise re: your bodily injury claim...honey, if you settle this prior to the birth of this child, someone should kick your behind...you need to tell her you are not interested in even discussing settlement of your claim until your baby has had it's first well baby check (and frankly I'd wait till after the second one)..now God forbid something happens to this baby/pregnancy, then after you have healed up you can settle...if that happens, (and I pray it does not)...I'd demand policy limits...As far as the car goes...let your carrier know if you haven't...and then lets wait and see if it totals...if so and the amount is less than you think is reasonable, request that your carrier inspect it...get their opininon re: repair or total...
Posted: Sat Jul 11, 2009 03:38 pm Post Subject:
Lori:
Thanks for the fast reply. I was pretty upset and emotional about the whole thing last night and am a little more clear headed today.
Thank you for explaining the salvage to me, makes perfect sense. Our adjuster has a thick foreign accent and I have a hard time understanding her.
I understand it is not their problem to get us out of debt on the truck, I realize the truck depreciated when we drove it off the lot, was just trying to get a ball park figure. I think I was so upset as I assumed we had Gap and somehow it got overlooked.
The whole "collusion" thing was just me being upset I think. I had just gotten done with the medical adjuster and it seemed odd that all of a sudden my car went to total status. Everyone has been telling me not to let them "steamroll" me, I am known as a pushover and completely trusting, so now I am paranoid about it. I will say that they do talk and they do know what is going on with eachs claim. When I talked to the auto adj I said something about what happened with the medical and about the rental and she said Oh, I know that, everything that is said or done is on the computer and I can read med adj notes and vice versa.....
I thought the settlement with the girls was more than generous, they had bruising was all. I was taken aback when she offered, I had not expected anything from them for the kids outside of the med bills. But, I just kept thinking she said we "had" to settle them now, which afterwards made me feel uneasy. Today it is no big deal. Again emotions ( and pregnancy and hurting seems to have made them worse! lol)
I will admit her statement to me did make me uneasy. Her exact words were "Hopefully your back and neck is better in the next couple weeks and if we cooperate and work together we can get this all wrapped up in a 1-2 weeks" That made me nervous. But earlier she had said she was not going to even discuss any kind of closure on my case and if I wanted to wait till the baby was born that was fine as I have 2 years in Indiana. I too am worried there is "something" that could have happened to the baby....I am a high risk mom anyway, I am 41 with a history of prior pregnancy complications so this just makes it worse...
My carrier (Indiana Ins) knows all about the accident, they said that they will not get involved unless something is denied by their (Farmers Group) insurance.
Thank you so much for the response, I really appreciate it. I really want to avoid a lawyer, I just dont see the need in one, the accident wasn't malicious or anything, she was just busy talking on her cell and did not look what she was doing. This is my first accident after all these years and it can be pretty confusing.
Posted: Sat Jul 11, 2009 11:23 pm Post Subject:
I think I was so upset as I assumed we had Gap and somehow it got overlooked.
I'm sure you were honey, I would be too.. :wink:Everyone has been telling me not to let them "steamroll" me
I couldn't agree more..,I am known as a pushover and completely trusting, so now I am paranoid about it.
No need to be paranoid, but cautious is usually good..Oh, I know that, everything that is said or done is on the computer and I can read med adj notes and vice versa.....
That's true, but the physcial damage and b.i. adjusters rarely (if ever) coordinate anything at all..they are two totally separate things.I thought the settlement with the girls was more than generous, they had bruising was all.
good..I was taken aback when she offered, I had not expected anything from them for the kids outside of the med bills.
Well, usually wouldn't be much more than that...so this 1k (total) is a nice surprise..But, I just kept thinking she said we "had" to settle them now, which afterwards made me feel uneasy.
That would make me uneasy too, but I'm sure she didn't say 'had' to...you have to pick your words carefully when working claims...and 'had' to settle...is not something you'd hear...Today it is no big deal. Again emotions ( and pregnancy and hurting seems to have made them worse! lol)
Been there, done that, have several tee-shirts.. :wink: :lol:I will admit her statement to me did make me uneasy. Her exact words were "Hopefully your back and neck is better in the next couple weeks and if we cooperate and work together we can get this all wrapped up in a 1-2 weeks" That made me nervous.
Yeah, I wouldn't care for that either...again NO way I'd settle your claim.. and tell her so...really...tell her you will keep her up to date on any developements with your injury, and for her to feel free to call and check on you every 60 days or so, but you won't even discuss settlement until you KNOW you have a healthy child...PERIOD....My carrier (Indiana Ins) knows all about the accident, they said that they will not get involved unless something is denied by their (Farmers Group) insurance.
Well they can't say that either...was that an agent or adjuster? If you want to use your coverage and have them subrogate that is your option..This is my first accident after all these years and it can be pretty confusing.
Yes it can be very confusing...Don't hesitate to ask any questions you have...we'll be glad to help...let us know your decision on your claim...please heed my advise..(that's what you came for remember? :wink: ) and let her know you aren't interested in settlement until your new baby is atleast 30days old or better..Posted: Sun Jul 12, 2009 03:11 am Post Subject:
My agent was the one that said my policy would only go into effect once I got a letter from Farmers denying the claim. My agent is the one that got the police report and made the initial contact with them once it was established the other driver was at fault. At first there was an issue with the other driver, Farmers thought she didnt have coverage on the year of car that was listed in the police report and would not return her companies or the adjusters phone calls. They couldnt even pull it up from the license plate number. Finally they went to her home and got the info and verified it. It was all really weird at first.
As far as claiming BI on myself, until I know our baby is okay I will not. The fear of not knowing if she is okay is killing me and I hope and pray she is. She looked good on ultrasound afterwards.
thanks for everything!
Posted: Sun Jul 12, 2009 10:35 am Post Subject:
My agent was the one that said my policy would only go into effect once I got a letter from Farmers denying the claim
Your agent had better only be talking about your injury claims (would've been a UM claim if other person is uninsured) if not speaking ONLY of the injury claim he or she is not just flirting but jump right over the fair claims practice laws of every state I've ever seen. I'll try and get some time to check your states laws and see if they read like every other state I've ever seen...I know my state specifically states you can't tell a first party insured to use the other coverage, or that they cannot use their own coverage if not at fault for a loss..I will say that I've seen this exact scenrio with 'captive' agents, who's bonus' are tied directly to their loss ratio. :x I don't know if that's what went on here or not, but I do know that you most certainly can file a collision claim under your policy, I know of no company that allows ANY agent to deny coverage, which is what (in effect) your agent did. If your vehicle is a total and the ACV is not what you hoped for. I would insist that a collision claim be filed and my own carrier inspect my vehicle. What company is your vehicle insured with?Finally they went to her home and got the info and verified it. It was all really weird at first
. That's good though, that shows a willingness of Farmers claims dept to go the extra mile with an uncooperative insured. Some company's would've sent their insured a reservations of rights letter and left it at that. If their insured was still uncooperative, they would've denied the claim. So it sounds to me like Farmers claims dept. (in your area atleast) is doing their job.
As far as claiming BI on myself, until I know our baby is okay I will not.
That's a great relief to me! (for you!) Stay strong on that point. Just tell the adjuster up front that is your decision. Be sure and let her know if you have additional treatment for the accident or if anything crops up. Otherwise you will look forward to discussing your settlement on or around 'blank' date...(whatever age the baby is that you feel is enough time for you to be sure she is ok)...The fear of not knowing if she is okay is killing me and I hope and pray she is.
I'm sure it is, and that's a tangible loss that they will owe you for..(the stress/fear of finishing this pregancy)She looked good on ultrasound afterwards.
That's wonderful news, concentrate and focus on that. As you well know that little blessing is heavily protected right now by your body. Most pregnant mama's can go thru severe accidents without any problem to the baby. Mama may suffer quite a lot for many reasons, (primarily emotional, but also because the pain treatment is limited by pregnanacy)...but the baby is usually fine...You're old enough that I don't have to tell you how important YOUR positive thinking and positive emotional attitude is to that baby you are carrying...What is her name? How old are your other children?
thanks for everything!
Our pleasure, and don't hesitate to ask any question that comes up. There are NO dumb questions.. :wink:Posted: Sun Jul 12, 2009 03:47 pm Post Subject:
What company is your vehicle insured with?
We are with Indiana Insurance is the name of the company. The conversation was when they could not verify the other drivers insurance, my agent informed me that we had to wait for Farmers to send me a letter of denial of claim till we could bring our policy into it. There was no talk of injury at all, I was talking about my truck and she was telling me that if this went on I might want to pay the storage and towing on my truck so we didnt incur huge charges. Luckily the next day Farmers came through....
What is her name? How old are your other children?
At this point we dont know what his/her name is as we do not know if it is a girl or boy. I am thinking it is our third girl, everyone else hopes for a boy. My other girls are 5 and youngest will be 3 in a couple of weeks.
pain treatment is limited by pregnanacy
Actually at this point I think that is what makes this all so bad. Like my ob said, I should be on a narcotic and muscle relaxer for the back spasms and neck/shoulder/back pain, but all I can have is Tylenol. Heat packs and baths are my best way to relieve right now and thank goodness for them! At this point we just do what is best for the baby and have faith that the good Lord will get us through it all.
Thanks again for the great advice Lori
Posted: Sun Jul 12, 2009 03:48 pm Post Subject:
whoops, forgot to log in, that was me!
Posted: Sun Jul 12, 2009 04:01 pm Post Subject:
here is pics of my poor truck
http://s240.photobucket.com/albums/ff303/Lucinda5743/?action=view¤t=ee95989b.pbw
before accident
http://s240.photobucket.com/albums/ff303/Lucinda5743/?action=view¤t=96860dd8.pbw
Posted: Mon Jul 13, 2009 11:00 am Post Subject:
The conversation was when they could not verify the other drivers insurance, my agent informed me that we had to wait for Farmers to send me a letter of denial of claim till we could bring our policy into it. There was no talk of injury at all, I was talking about my truck and she was telling me that if this went on I might want to pay the storage and towing on my truck so we didnt incur huge charges
She couldn't be 'wronger' (if that's a word) and was treading on dangerous water...very dangerous water..My other girls are 5 and youngest will be 3 in a couple of weeks
WOW honey, you're a busy girl, and IMO earned yourself a special crown in heaven with girls... :roll: I love love love little girls, then from about oh 11-17, it was pretty much pure maternal love that kept me from killin' mine .. :wink: :wink: I'm kidding of course, they are all a wonderful blessing, we had one of each, (lost one in between)...and I think girls are just harder to raise...our 'babies' are 30 and 28 now, but we have been blessed with three grandbabies, (2 girls 9mts, and 3 yrs, one boy 2yrs)..Honey, I don't think that your vehicle will total...From the pictures it looks to me like it will be well under the threshold of a total...course I can't see all the damages either....
You're welcome and be sure to let us know if we can help in any way, when it come time to settle your injury don't sell yourself short...best of luck and our my prayers and good wishes for you and the new baby..
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