by Guest » Sat Nov 10, 2007 03:37 am
My daughter bought a 2000 mountaineer a few years ago, she still owes almost $10,000 on it. She was rear ended on the freeway by a large commercial truck while stopped in traffic , they had geico insurance and talked her into getting it fixed in the geico shop. The frame was bent, needless to say they did a cosmetic repair and tried to straighten the frame but it was not the same. Then she was hit again, rear ended again on an off ramp by a driver who didn't slow down for the traffic. The lady that hit my daughter did not have insurance and she has been in negotiations with her own insurance company, Nationwide to get the rear bumper replaced and the frame looked at. Then day before yesterday she was rear ended again at a stop light. Now her insurance company wants to total her car. The value of the car on Auto trader is between 6800 and 8,000 dollars, much less then she owes.
How are they going to handle this when the car has been in so many accidents and do they take into consideration that they already owe her for repairs that were not made on the second accident. In the third accident the driver, we think has insurance, we haven't confirmed this yet but will that help her get out of this car without owing an arm and a leg? And will she have to pay deductible when it wasn't her fault?
How are they going to handle this when the car has been in so many accidents and do they take into consideration that they already owe her for repairs that were not made on the second accident. In the third accident the driver, we think has insurance, we haven't confirmed this yet but will that help her get out of this car without owing an arm and a leg? And will she have to pay deductible when it wasn't her fault?
Posted: Sat Nov 10, 2007 06:26 am Post Subject: Did your daughter get it ?
The lady that hit my daughter did not have insurance and she has been in negotiations with her own insurance company, Nationwide to get the rear bumper replaced and the frame looked at.
I think everyone in today's world should have UM coverage. If your daughter had that she should have got reimbursed in case the other lady didnt have her Liability policy in place. Am I right ?
Collinj77
Posted: Sat Nov 10, 2007 06:45 am Post Subject: She has to follow it up!
My friend, there is no denying the fact that it has already been a great jolt for your daughter in terms of her driving track record. The insurance companies do wait for such cases where the car gets involved into a series of mishaps, more so if the claimant had been the real party at-fault n owns more of the tickets for her name. In this case it becomes a win-win situation for them just as the negotiations become a bit easier for their adjusters.
As for the reimbursements associated with the process of getting 'totalled' it would depend a lot on the DMV guidelines as well as the conditions of your car in terms of the market (eg. to what extent had it been modified by the after-market parts & so on.). So I'd definitely suggest your daughter should go and visit the DMV with all the documents (& if possible the photographs of her car before n after each accident) associated with the accidents before she tries up the advice of attorneys. Thanks, Doris Day
Posted: Sat Nov 10, 2007 07:08 am Post Subject: Check it out!
In the third accident the driver, we think has insurance, we haven't confirmed this yet but will that help her get out of this car without owing an arm and a leg?
Certainly it may or may not be easier for her to come out of this without owing anything...but she'd need to know whether the 3rd party bears liability coverage and to what extent. That would surely help her decide on her next course of action. Regards, CasandraVanHuesen
Posted: Sat Nov 10, 2007 11:00 am Post Subject:
Good morning selman, and welcome to the community, I'm so sorry about your daughters accidents.......Man, that's one unluck mountaineer. Let me get thru some of the prior posts first...
think everyone in today's world should have UM coverage. If your daughter had that she should have got reimbursed in case the other lady didnt have her Liability policy in place. Am I right ?
NO Colin I'm sorry you are not right. Unless the posters daughter had UMPD, which most people do not...UM as it is commonly referred (and required in many states) is a bodily injury coverage, and would've covered her injuries sustained by an accident caused by and uninsured motorist.......Sorry but Doris Day's post really doesn't make much sense at all, and if you want to get laughed out of an office go ahead to the DMV who have absolutely NOTHING to do with your daughters claim! I don't know where Doris lives, but they must have some funny rules. DMV doesn't have a smidge to do with insurance claims...if I were you I'd ignor that post...
OK,
If I'm understanding you correctly the first accident was repaired, the second one was not, but was only a bumper really correct? Now she has been hit again, and totaled. If I were you and this last accident's other driver has insurance, let them handle the loss. If they deduct anything from her ACV (actual cash value) for the second unrepaired loss, Nationwide still owes that claim, and should pay her for the bumper. I'm not sure what you mean by this,
she has been in negotiations with her own insurance company, Nationwide to get the rear bumper replaced and the frame looked at
please explain, in nego.?The value of the car on Auto trader is between 6800 and 8,000 dollars, much less then she owes.
I ran it on my system NADA without benefit of options and mileage I'm coming up between 5800-7800.00, but options and mileage make a HUGE difference. So your assessment (although I don't understand the spread since you do know all the options and mileage) is probably close to what the insurance company will pay/offer..How are they going to handle this when the car has been in so many accidents and do they take into consideration that they already owe her for repairs that were not made on the second accident.
If nationwide totals it, then they won't pay for the prior accident more than likely because it is a total, but they won't dock her for it either, if they do 'dock' her then they will pay that second accident separately. But as I said, if another carrier does total it, then yes, (and I'd get on this quickly) Nationwide will owe her for the second accident. And the other company (if they can tell) should dock her ACV for that accident.And will she have to pay deductible when it wasn't her fault
She owes her deductible for the second one and if Nationwide handles this last one she will also owe her deductible (really isn't in this case 'owed' they simply deductible from the amount of the draft/payment). We chose our deductibles when we buy our policies and whatever collision deductible she chose is what she will have to pay. It makes no difference at all if she's at fault or not. If a claim is paid under that coverage (collision) then the deductible is well, 'deducted'.
help her get out of this car without owing an arm and a leg?
If the other carrier accepts liability and there is coverage she will not owe or be charged a deductible, because it will be under the other parties liablity coverage (property damage for the repair/totaling of your daughters vehicle). However unless she has 'gap' insurance (check with her lein holder they will know), she will be left oweing the difference between the ACV (actual cash value) of her vehicle and the payoff of her loan. Sorry but that's just the way it goes. Same will apply if nationwide handles the claim. Insurance companies don't owe your loan balance, they owe the ACV of the vehicle, and not their fault if a person (as in this case) is upside down in their vehicles. They will also owe her the sales tax on the ACV, and more than likley would provide a rental vehicle until 72 hours or so after they have made an offer of settlement.
Back to the first accident. If there were problems with the repairs did she not take it back to the shop? Or contact Gieco with her complaints? How did that come out? If the repairs were subpar, and are still detectable it is possible that an experienced adjuster may 'catch' this and reduce her value, most honestly though won't go to the trouble to look that closely (I do :wink: , but most don't). If you're really lucky the other driver this time will have Gieco also that way if the poor repairs are noticeable they willl not dock her since it was one of their shops.....see?
Let us know when you find out if there is other insurance etc. and how we can be of further assistance. Is she injured? How long ago did this happen? Why (again) has she not been paid for the second accident?
Posted: Sat Nov 10, 2007 12:12 pm Post Subject: Please help if I'm wrong again!
Sorry but Doris Day's post really doesn't make much sense at all, and if you want to get laughed out of an office go ahead to the DMV who have absolutely NOTHING to do with your daughters claim! I don't know where Doris lives, but they must have some funny rules. DMV doesn't have a smidge to do with insurance claims...if I were you I'd ignor that post...
Sorry Lori, perhaps I never said that DMVs have anything to do with one's claims (ie. they can't pro-actively help you establish or nullify claims). But would you believe I have often met up with experiences shared by friends about how their carriers (ie. adjusters) would try to show reason (at weighing the worth of claims) in terms of the extent of after-market parts being used & simply prove that their spring-balance has its base lying upon the State rules (ie. the DMV guidelines defined as per each state...am I right ??)
So its not about the DMVs taking part in deciding claims, rather its about settling the worth upon the car-rules governed by the state that may be checked with the DMV. That is perhaps what I intended to say. As I've seen many of them do visit DMVs and get loads of info (including updates).
Please help if I'm wrong again!
Doris Day
Posted: Sat Nov 10, 2007 01:23 pm Post Subject:
Sorry Lori, perhaps I never said that DMVs have anything to do with one's claims
Well, I think ya' did, or atleast that's how I read it,So I'd definitely suggest your daughter should go and visit the DMV with all the documents (& if possible the photographs of her car before n after each accident) associated with the accidents before she tries up the advice of attorneys
why else would they 'go there with all of their documentation'?Doris I've never heard of the DMV having anything to do with vehicle values or anything at all relating to insurance claims, evaluations etc. Now the States Dept of Insurance, perhaps... And maybe in your state (what state are you in by the way? seriously please answer that i'm curious :? ) is it under that heading. But the DMV in all states I've had dealings with are the place you go to register new ownership, renew your license and plates, take your drivers license test etc.
So its not about the DMVs taking part in deciding claims, rather its about settling the worth upon the car-rules governed by the state that may be checked with the DMV
So you ARE saying the DMV can help or govern/establish a vehicles value?Maybe (I hope) what you MEAN is that each state thru their dept of insurance (which is generally under a fincance dept) have guidelines regarding the set rules etc of evaluations of vehicles? Is that what you are saying? There maybe states that the DMV is involved in such things as you say, but I don't think just stopping in one of DMV offices with all this information is a good idea....
I'm having a great deal of trouble understanding your posts I guess, for instance what is the meaning of this statement;
The insurance companies do wait for such cases where the car gets involved into a series of mishaps, more so if the claimant had been the real party at-fault n owns more of the tickets for her name. In this case it becomes a win-win situation for them just as the negotiations become a bit easier for their adjusters
Sorry, perhaps it's just me.....
Posted: Sun Nov 11, 2007 03:05 am Post Subject: my daughters car
I will try to answer your questions. The first accident was re repaired after we sued geico for the messed up job their shop did, but the car should have been totaled then.
We live in Oregon and here it is required to have uninsured mototrist and since the second driver did not have insurance my daughters insurance company is supposed to repair her car. The reason it has taken so long is the second driver is claiming she wasn't involved in the accident. my daughter got the name of another motorist who saw the second ccident but according to the insurance company he has be slow to respond to their inquiries. The car was just brought to the shop on Friday and they are supposed to pull the body off to check the frame but they are sure it is bent (again) and will be totaled. Nationwide (my daughters carrier) has not yet decided what to do and haven't confirmed the third parties insurance, my daughter was injured in the first accident and has been to the doctor with the third and it looks like she has severe whiplash. I told her I was going to paint a target on the back of her mountaineer. It has really been an unlucky car for her.
I just put tires and a new radiator on the mountaineer, will they take this into account when they value her car?
Posted: Sun Nov 11, 2007 12:49 pm Post Subject:
Radiator no you won't get any additional for that it is assumed when evaluating a vehicle it has a good radiator. Tires, maybe....some carriers will add anything ABOVE 50% tread depth...most tires of this type will come with 11-12/32nds of tread new...so if they cost 100 per tire and she has showing 8/32nds (on a 11/32nd tire) then she MAY be entitled to about 27.00 per tire. Again it is assumed a vehicle will have decent tires...Not all carriers will allow this but doesn't hurt to ask....
we sued geico
you actually went to suit? What did they have to do (re-repair wise)?my daughter was injured in the first accident
Has she settled this injury with Gieco yet?and has been to the doctor with the third and it looks like she has severe whiplash
. This will be a different injury claim against the third driver if insured, or will be an uninsured motorist (bi) claim with her company if they are uninsured. I'll caution you here a little, if this third accident injury is similar to the first, it will be considered 'aggrivating' a pre-existing injury and 'generally' not 'worth' as much as actually 'causing' an injury (like the first one), also if she hasn't settled that first injury claim, this is going to be a nightmare for the two (or three) companies to figure out.The car was just brought to the shop on Friday and they are supposed to pull the body off
They aren't going to actually take the body off, they will just remove the rear bumper, maybe the lift gate, etc, to be able to assess the damage.Really you are stuck in a holding pattern here aren't you? Until you find out about the other driver, or you could go ahead with your company handling her vehicle under her collision coverage, but again she will have to pay her deductible.
Let us know, or any other questions you'd like answered.....I'm glad she wasn't injuried any worse, although I know a bad whiplash can hurt like the dickens!
Posted: Sun Nov 11, 2007 03:21 pm Post Subject: Some clarifications..
Hi Lori,
Maybe (I hope) what you MEAN is that each state thru their dept of insurance (which is generally under a fincance dept) have guidelines regarding the set rules etc of evaluations of vehicles? Is that what you are saying?
I didn't ever say anywhere that the DMVs have the right to formulate laws or modify them....DMVs according to my knowledge are bodies who function within the states and follow the State rules. But what i've seen with some of the cases in FLorida...that people do visit the different places for information...but they don't get the right information nor the right direction till they pay quite a handsome worth out of their pocket (for hiring attorneys). But many a time, the officers at these DMVs are so well informed about the updates that they can guide us through...I've seen some helpful people for life!
Taking the pics or attaching the right docs together would help this lady at each n every step...I wanted her to be sure of everything....may be its easier for people in the insurance profession to understand all the legal terms n clauses...but they are not so with women like me. Gettting the right docs can help you or your friends(be they your attorney, your DMV officer or a truly professional adjuster) who are there to help you out!
Sorry, perhaps it's just me.....
Not its not only you....are you by any chance an adjuster ? or say an agent ?? Then these words of mine are certainly not for you!
Trust me I've rarely been helped by you people then :)
Regards, Doris
Posted: Sun Nov 11, 2007 07:27 pm Post Subject:
Trust me I've rarely been helped by you people then
That's too bad Doris.I've just never known a DMV office to assist in determining the value of a totaled vehicle which is what you've clearly said. I did some checking and think I might have figured out your confusion. Florida's (like every other state) DMV can assist with title issues and problems with registration, leins etc. And maybe those are the 'types' of problems your friends have had.
But many a time, the officers at these DMVs are so well informed about the updates that they can guide us through...I've seen some helpful people for life!
I still don't understand what you mean by this and would guess that should a disgruntled insured present themselves at the local DMV with all the documentation and proof of their vehicles value asking for assistance in the getting a 'fair' evaluation, the information they would get from the DMV is "Here's the number for Florida's Office of Insurance Regulations, or the Flordia Dept of Financial Services (insurance complaints). Have a good day......"Let's agree to disagree, I think (hope) we both have the same motivation, to help the OP. Alright?
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