by Tah » Wed Jul 23, 2008 04:07 pm
I was rear ended two weeks ago and I am just now getting a rental today and the at fault party's insurance company told me that I am responsible for the towing and storage of my vehicle when the only reason its been sitting that long is because I have been waiting for them to contact me b/c everytime i have called I got no answer except the first time I called to file the claim and was told that they had no knowledge of my accident. Am I really responsible for the fees? If my car is totaled why do i only get a rental for five days?
Posted: Wed Jul 23, 2008 05:14 pm Post Subject:
ok, I need you to back up a second so i can try and understand...when did the accident happen? when did you report it to the carrier? when did the adjuster call you after the claim was reported? what state are you in? when did they make an offer of settlement on the total? what company is it?
Posted: Wed Jul 23, 2008 07:32 pm Post Subject: rear ended
i was rear ended at a stoplight on tuesday july 8 i was taken to the er from the scene and the police had my car towed to a local storage place. I live in VA. I reported it to my insurance carrier the same day I didn't receive police report until thurs with the other guy's info so I called them then an got no answer they called me back that following monday july 14. I have not received an offer they just told me today july 23 that it is a total loss and i just got my rental today and was told that I am responsible for the towing and storage fees but they didn't have the vehicle evaluated until monday july 21 and if i hadn't called them today i would not have gotten a rental nor would i know about the fees which i sincerly hope i don't have to pay.
Posted: Wed Jul 23, 2008 09:22 pm Post Subject:
You should not have to be responsible for the tow and storage fees...UNLESS you refused to allow them to move it to a storage free facility...You need to ask this adjuster EXACTLY what is their reason that you should be responsible for this..unless (again) you are retaining the vehicle/salvage...re: the rental in truth they owe you rental or loss of use from the date of the accident until they make an OFFER of settlement you don't have to agree with the offer, but they have to make one, then they only owe you anywhere from 72 hours to what ever they want to pay honestly...most carriers will cut it off 72 hours, if an owner has extinuating circumstances I will extend it, and I think most adjusters will..
They will also of course owe you the sales tax and title fees, also again of course you will have an injury settlement coming as well once you have completed treatment...
Please let us know after you talk with them, I'm very curious what they have to say their reasoning is behind this... :?
Posted: Wed Jul 23, 2008 10:27 pm Post Subject:
Sorry to hear about your accident.
I hope you weren't hurt, hopefully everything will work out with your insurance.
auto insurance
Posted: Fri Jul 25, 2008 11:17 am Post Subject: ??
Ok i am going to call back again today b/c and hopefully someone will be available to answer my questions today but before that i have a question anyone here that can help me. I have never been in an accident before so if they have declared my vehicle a total loss what do i as far as making my car payment and what is going to happen to the the car? What if they don't offer enough to pay off my loan? If they do pay off my loan will my credit score be affected? I got the KBB value of my vehicle but it will only be enough to pay off my loan and leave me with nothing no car or money is there anything i can do?
Posted: Fri Jul 25, 2008 11:23 am Post Subject:
far as making my car payment and what is going to happen to the the car?
If you have a lein on the vehicle the insurance company will pay them not you and will pay you any balance left if there is one...What if they don't offer enough to pay off my loan?
Do you have GAP insurance? If so contact them immediately and get a claims started...if not the insurance company is bound to pay you the ACV (actual cash value) of your vehicle not your loan pay off...If they do pay off my loan will my credit score be affected?
If you don't make the payments of course...I got the KBB value of my vehicle but it will only be enough to pay off my loan and leave me with nothing no car or money is there anything i can do?
I know of no carrier that uses the KBB most either have programs or use NADA...you will also be entitle to the sales tax, and title transfer fees...Where you injured? If so you will have a separate injury settlement when you have finished treatment..Posted: Fri Jul 25, 2008 01:00 pm Post Subject: More Questions
the rental in truth they owe you rental or loss of use from the date of the accident until they make an OFFER of settlement you don't have to agree with the offer, but they have to make one, then they only owe you anywhere from 72 hours to what ever they want to pay honestly
since i was in the accident on july 8 but did not get my rental until july 23 are they obligeted to extend my days that i can have the rental or at least reimburse me in some way?
I was driving a 2001 ford explorer sport about 120,000 miles can u give me an idea of what my settlement offer might be?
i do not have gap insuranc if my settlement doesn't cover my loan can i sue the at fault driver for the remaining balance under my pain and suffering damages in my personal injury suit?
if not will the leinholder allow me to continue to make payments until the loan is paid off?
Thanks for all your help
Posted: Fri Jul 25, 2008 01:01 pm Post Subject: oops
just realized i did the quote thing wrong sorry :(
Posted: Fri Jul 25, 2008 02:40 pm Post Subject: :(
Okay so I talked to the insurance adjuster and was told that I am responsible for the storage fees because they sent me a mitigation letter dated july 14 which i did not recieved until the july 22. She stated that they would pay maybe 3 or 4 days but i'm responsible for the rest but the only reason my car was there for as long as it has been b/c i have been waiting on them to send someone to appraise the damages and they just did that july 21 and my vehicle is still in storage and she said that I am responsible for storage every day that it sits there now. They will not move the car because they don't have permission and if call and release the car and they willmove it but deduct the fees from my offer. The only way they will pay for my storage is if they take the money out of the offer they are making and they are only offering $3,789! Is it true that if she sends me the offer and i don't accept the power of attorney then they can close the file and assume that i have lost interest in my PD claim and I will get nothing?
Somebody please help me :cry:
Posted: Sat Jul 26, 2008 11:25 am Post Subject:
since i was in the accident on july 8 but did not get my rental until july 23 are they obligeted to extend my days that i can have the rental or at least reimburse me in some way?
yes they owe you loss of use from the date of loss till a few days after an offer of settlement...I was driving a 2001 ford explorer sport about 120,000 miles can u give me an idea of what my settlement offer might be?
I'd be happy to but need a lot more info...which explorer is it, limited, sport, eddie abuer xls, xlt? 2 door 4 door ? 2 or 4 wheel driver, then I need to know ALL the options...i do not have gap insuranc if my settlement doesn't cover my loan can i sue the at fault driver for the remaining balance under my pain and suffering damages in my personal injury suit?
No, they only owe the ACV (actual cash value) NOT your loan pay off...and the injury claim is separate from the vehicle damage claim, never the two can be enterwined...that being said you can use your pain and suffering settlement money in anyway you see fit..if not will the leinholder allow me to continue to make payments until the loan is paid off?
Yes, typcially...is it an actual bank or loan company or a car lot?just realized i did the quote thing wrong sorry
Got it backwards didn't you? :wink: don't worry about it....
Okay so I talked to the insurance adjuster and was told that I am responsible for the storage fees because they sent me a mitigation letter dated july 14 which i did not recieved until the july 22.
How is it possible that you didn't get it for eight days? Or did you get it and not open it till then? Is the letter dated the 14th? what is the post mark? They should pay it atleast from the date of loss till 2-3 days past the post mark....they unfortunately you would likely be on that left over amount...did you respond to them as soon as you got the letter?They will not move the car because they don't have permission and if call and release the car and they willmove it but deduct the fees from my offer
Not the tow out of there but the storage fees right?Is it true that if she sends me the offer and i don't accept the power of attorney then they can close the file and assume that i have lost interest in my PD claim and I will get nothing?
Well kind of they can close the claim, but that doesn't really mean anything....ok, are they agreeing to pay the tow and storage from the date of loss till about what the 18th? then will pay the tow out of the yard, but you will be responsible for the storage from the 18th until it's moved is that right?Add your comment