by Guest » Thu May 29, 2008 07:48 am
My daughter was involved in a car accident on 4-7-08 and we are having a difficult time settling this claim with the other persons insurance company.
Heres what happened, my daughter was driving at the speed limit and came to an intersection with stop signs on the left and right of her but no stop sign for her. She saw a car on the right coming to the stop sign my daughter slowed down until she saw the car on her right stop she then resumed to the speed limit. The car at the stop sign then came thru the intersection and the two cars crashed our car was totaled. My daughter and her passenger were then taken by ambulance to the hospital and released the same day. My daughter recieved a fair amount of soft tissue injuries and has returned to the ER 2 times and is now seeing a surgeon for a large hemotoma on her leg, he has her in physical therapy for the next 4 weeks. She has been unable to work since the accident because of the injuries she recieved.
Because of clerical error on our part her car was without insurance for several day at the time of the accident. Once we were able to obtain a copy of the police report which clearly states that the other car was responsible I contacted the other cars insurance company on 5-13. I spoke with an adjuster one time and she wants to us to assume 10% liability because in my daughters statement to her that she (my daughter) had slowed down, she also wants us to assume some of the liability for the tow and storage of our totaled vehicle. I explained that we would not assume any liability for an accident their client is responsible for. The adjuster said she would get back to me the next week to talk about the value of our vehicle. On 5-28 a different adjuster left a message to return her call, I called many times and was able to talk to her late today. She told me that they had settled our claim and sent a check yesterday. We never agreed to settle and the amount that they are offering is not acceptable, they undervalued the vehicle and deducted the salvage buy back of the car at 2,883.00, the car was a 2004 Scion xA with about 90,000 miles. No one has spoken to us about her lost wages, medical expences, on going medical care and her pain and suffering. Whats so frustrating is that we just want what is fair and are willing to give and take but these people are settling this without speaking to us, got any advise on how to deal with this.
Heres what happened, my daughter was driving at the speed limit and came to an intersection with stop signs on the left and right of her but no stop sign for her. She saw a car on the right coming to the stop sign my daughter slowed down until she saw the car on her right stop she then resumed to the speed limit. The car at the stop sign then came thru the intersection and the two cars crashed our car was totaled. My daughter and her passenger were then taken by ambulance to the hospital and released the same day. My daughter recieved a fair amount of soft tissue injuries and has returned to the ER 2 times and is now seeing a surgeon for a large hemotoma on her leg, he has her in physical therapy for the next 4 weeks. She has been unable to work since the accident because of the injuries she recieved.
Because of clerical error on our part her car was without insurance for several day at the time of the accident. Once we were able to obtain a copy of the police report which clearly states that the other car was responsible I contacted the other cars insurance company on 5-13. I spoke with an adjuster one time and she wants to us to assume 10% liability because in my daughters statement to her that she (my daughter) had slowed down, she also wants us to assume some of the liability for the tow and storage of our totaled vehicle. I explained that we would not assume any liability for an accident their client is responsible for. The adjuster said she would get back to me the next week to talk about the value of our vehicle. On 5-28 a different adjuster left a message to return her call, I called many times and was able to talk to her late today. She told me that they had settled our claim and sent a check yesterday. We never agreed to settle and the amount that they are offering is not acceptable, they undervalued the vehicle and deducted the salvage buy back of the car at 2,883.00, the car was a 2004 Scion xA with about 90,000 miles. No one has spoken to us about her lost wages, medical expences, on going medical care and her pain and suffering. Whats so frustrating is that we just want what is fair and are willing to give and take but these people are settling this without speaking to us, got any advise on how to deal with this.
Posted: Thu May 29, 2008 10:18 am Post Subject:
Hi,
I believe that more information regarding the incident would help us sort it in the right direction. It is good to know that you have obtained the police report which states that it was the other party who were at fault. I believe that the other person's carrier is going quite naturally as they would normally proceed.
No one has spoken to us about her lost wages, medical expenses, on going medical care and her pain and suffering.
You'd need to pursue this case with the adjuster till that long wherein you'd get a fair opportunity to explain all these factors as the other party's liability. If they are the party at-fault they are supposed to bear all of these as also the rental till you have a car again.
Always remember that the initial offer from the adjuster may or may not seem good as they are all set to settle it within a range & it is to their interest that they would start offering you from the lower end.
Anyways keep sharing as the bargaining proceeds.. Plasmahectic
Posted: Thu May 29, 2008 10:23 am Post Subject:
Whats so frustrating is that we just want what is fair and are willing to give and take but these people are settling this without speaking to us, got any advise on how to deal with this.
Hey..I believe you always have the right to ask for statement of valuation from them.Posted: Thu May 29, 2008 10:25 am Post Subject:
she also wants us to assume some of the liability for the tow and storage of our totaled vehicle
Meaning the 10% I assume? Some carriers (which is crap) think that every accident bares ''some'' comparative negligence I don't buy this nor do most carriers...Your daughter saying she slowed was only being a defensive driver (as long as she didn't stop)....I would in no way accept this 10%...However since you were uninsured you don't have an option of going to your company for payment...or for company wide arbitration....They may also be doing this (attributing 10% neglegence) because you were uninsured...depending on your state if you accept this, you could be held responsible for 10% of the damages to the other party....so beware..She told me that they had settled our claim and sent a check yesterday.
:?they undervalued the vehicle
'What was the value? Also how do you base the fact they 'under' valued it? If you'd like provide all the info and I'll look up the value. If you checked Kelly...not a good reference as I know of no carriers that use it...try N.A.D.A, or provide ALL info re: I don't see an ''xa''i see an ion 4cly...or L series L4-or v6, then there are quad coupe 4d, (how it can be 'quad, coupe and 4dr i don't get but whatever saturn :roll: :wink: ) redline, ion 2, 3, or sedan 2 or 3...(if you want to post the VIN) it would be easier :? :roll: :roll: if you'd like me to find a value for you... also if it has alumn/alloy wheels, cruise control, leather seats, power sunroof,power windows, air conditioning, auto or manual tranny..also ANY unrepaired prior damage...anything at all ripped/burned seats? dents? hail? .deducted the salvage buy back of the car at 2,883.00
That's because they are basing the settlement on you retaining the vehicle, (settlement would increase by this amount if they take it)...however this salvage bid seems really high...I'd want to know how they arrived at that figure.No one has spoken to us about her lost wages, medical expences, on going medical care and her pain and suffering
Her injury claim and her vehicle damage claim are COMPLETELY different, separate claims and cannot be combined, her injury claim will be settled when she has finished treatment and been released from the doctor....they would want to (and you too) settle the vehicle claim now, but not the injury until you are ready to settle that...they do know that she has an injury claim right? Have they sent you any paper work like medical information authorizations etc?Whats so frustrating is that we just want what is fair and are willing to give and take but these people are settling this without speaking to us, got any advise on how to deal with this.
I would call them, tell them I'm tearing up the draft when received, or writing 'void' all over it and mailing it back to them...let's figure out if the value of the vehicle is correct or not first, then I'd only accept 100% of the negotiated value....you 'may' end up having to get an attorney on this since you don't have the assistance of 'your' carrier....Do you have a lein/loan on this vehicle? If you want some help with the value then provide what I asked...let us know the state this happened in and I can check to see if it's 'pure' comparative if so and you agree to the 10% then you WILL owe the other party 10% of their total damages...but you might be able to get them to give you a release for that...I would certainly INSIST on it if I accepted that ...(including 10% of any and all injuries in that car as well as the damage to the car)...Have you told them she is hurt?
Posted: Thu May 29, 2008 10:39 am Post Subject:
also the rental till you have a car again
This is incorrect! They will only owe a rental till about 48-72 or so hours after an OFFER of settlement has been presented...NOT until they have a car again!Posted: Thu May 29, 2008 10:40 am Post Subject: most of the essentials are missing today..
Had faced a similar incident in the past..would just be curious to know if your daughter is still a part of your household...I simply don't understand whats happening with the teenagers these days. I feel its time that we parents should share this extra responsibility of guiding our children (not only regarding traffic rules but a bit of carefulness as well..which is much needed to save our most precious ones)
Posted: Thu May 29, 2008 10:46 am Post Subject:
Thanx a lot Lori!!
They will only owe a rental till about 48-72 or so hours after an OFFER of settlement has been presented
But what if the offer gets revoked ?
regards..Plasmahectic
Posted: Thu May 29, 2008 10:47 am Post Subject:
But what if the offer gets revoked ?
Doesn't matter, it's from the time of ''offer'' NOT acceptance...otherwise people would/could stay in a rental for years...Posted: Thu May 29, 2008 06:57 pm Post Subject:
Hi Lori,
The insurance company is aware that she was injured. The car was a 2004 Toyota Scion xA with approx 90,000 miles, it had air conditioning, an automatic transmission, multiple CD stereo and new tires that I had bought 6 days earlier to the tune of 590.00 three of the tires were blown out by the accident. There is no lien on the car and was in very good condition we used it as a commuter car for work, there was a small ding on the left rear panel were someone had opened a car door into it. All the regular maintance had been kept up with. The accident happened in Avila Beach California in San Luis Opisbo county. After spending some time doing the backward math and taking into concideration that they want to hold us 10% responsible (which we were not) the value of the car seems to be correct at 8528.00, tax at 618.00, title transfer at 30.00 for a total of 9176.00. The check that they have sent is for 6,293.00 the differance in the total and what we were sent is for the salvage buy back. We are not going to accept any liabilty for this accident and I just dont understand this whole salvage buy back thing. Thanks Mother Hen.
Posted: Fri May 30, 2008 11:14 am Post Subject:
The salvage thing is because they are having you keep the car rather than them taking it...
call them back...tell them you are NOT accepting this 10% comparative negligence...and you do NOT want to RETAIN the salvage rather you want them to OBTAIN it....
Just DON'T cash that draft!!!!!!! let us know after you've reviewed all the information here, and talked to the adjuster....we're glad to help where we can!
Posted: Fri May 30, 2008 11:23 am Post Subject: from tcope
MODERATOR NOTE....below post was posted by Tcope on the incorrect tread (there was link to this one just missed or a glitch didn't show it to him)
http://www.ampminsure.org/auto/speeding-accident.html
pasted it here, and deleted from incorrect thread (couldn't get it to just 'move' to this thread... :roll: )
LAKEMEN, PLEASE ADJUST POSTING PAY ACCORDINGLY...(as you see fit)...thanks..
(note: I wrote this yesterday but it's been unsent since then)
Letting the car sit in storage for a little over a month was not very good. You do have a duty to mitigate your loss. Usually the police will leave someone with a driver information exchange form. I understand that your daughter went to the ER but usually the offer will deliver this report. It contains the other parties insurance information. Even if this was not given out, the full report is usually available within 10 days. What happen to the other 3-4 weeks? I can understand that the other carrier does not want to pay for all the storage. Is the vehicle still at the storage facility? If so, it needs to be moved asap.
I think there was a huge breakdown in communication and coordination with the carrier, mainly as they have one person handle the investigation and then another department handle the disposition of the total loss vehicle. These departments seldom communicate very well.
Most carriers will take possession of the vehicle and not take a salvage deduction but I don't know of any requirement to do this. Your situation is a little sticky... as the carrier is not paying you 100% for your loss so they are not entitled to 100% of the salvage. Personally, if I'm going to accept such a large portion of liability I would pick up the car, determine it's salvage value and then add in 10% of that amount to the settlement. But I'd play it by ear because of the person is not willing to accept my 90% offer I'm stuck with a car that is not mine. They should also be able to tell you how they arrived at that salvage value so that you can confirm it. If it's a quote from a national salvor, then it's probably not correct (but it should be close).
I'd start off addressing the 10% neglience. It really depends on the carrier and adjuster as to how willing they are to come off this amount. To me (and I think Lori was leaning this way) 10% is not really worth my time to argue unless I really think it's obvious that the other party contributed to the accident (if so, I'd actually believe the other person's liability was much higher and I'd reduce it down to something like 10%). If the adjuster can make up their own minds, you should have a good chance of getting them to move off that 10% (i.e. point out where they "may" not be correct, put some sugar on it and get them to invest a lot of time for this 10% judgement call).
If all of this does not work you _might_ be able to file in small claims court. It depends on the limits in your area. I think CA might be more then $5k but I'm not sure.
But also keep in mind that the injury portion of the claim still needs to be settled. First and foremost, this can still be used as leverage against the property damage portion of the claim. Personally, I think the adjuster is making a mistake putting 10% liability on your daughter for the property damage when there is an injury claim going on. The injury portion of the claim can amount to a _lot_ of money. Why piss the person off with 10% liability? I'd want to keep you as happy as possible... especially because your in CA where people can win judgements against someone looking at them the wrong way. As your discussing the property damage portion of the claim you may want to "clue" the adjuster in on this fact. You may want to "mention" that you'd rather not get an attorney for the injury portion of your families claim but you think it might be better for you to do this, considering you don't feel 10% liability is fair (that is, if this is an indication as to how the injury claim is going to be handled, you feel that the increased expense to the insurance company of an attorney might be needed). I'd not recommended being rude or too demanding as this will just cause the adjuster to shut down.
As mentioned, the injury portion of the claim is separate from the property damage. Don't be surprised if yet another adjuster handles this portion of the claim. But someone should have spoken to you about this already. I'd call them and speak to someone about this
(above post by tcope)
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