not at fault-which insurance to claim& About recent expe

by velu » Thu May 08, 2008 05:11 am
Posts: 16
Joined: 08 May 2008

Hello Everybody!
My car was rear ended by a truck (happened in Texas), I called the police they asked me to exchange the insurance details (Thats the only police record). I immediately contacted my insurance company, they advised me to go thru the other guys insurance as it is not my fault and i dont have rental on my plan.
The other guy's Insurance company estimated the damage and totaled the car, They are offering me 9920 dollars, my Insurance company is going by KBB value and offering me 10830$-100$ deductible= 10730 (800$ difference).

Questions:
A
If I go through my insurance and they subrogate from the other company
1) will it increase my premium?

2) Is there a chance for the other party to say that they are not at 100% fault in a later stage? as there is no police report

3) Is it fine...if I inform the other company what I'm getting thru my insurance and ask them for that amount? Am not sure if they will discuss each other and ask my insurance to pay me less (my insurance didnt take a look at my car,they are going by KBB value, but the other company has taken a look at my car and estimated the value). If they dont agree for that amount...any suggestions to handle this situation?


B
1) I recently spent some money on timing belt, tires, Battery etc for 1300$...they are offering me 100$ for the tires, but they rejected other expenses saying they are maintenance services. Is that so?

2) My new spare tire and wheel also got damaged...but they are saying those are included in the car price. Is that so?

3) Can they offer me any money for car rental to buy a new car?

Please advise me

Thx
John

Total Comments: 3

Posted: Fri May 09, 2008 12:51 pm Post Subject:

) will it increase my premium?

no

2) Is there a chance for the other party to say that they are not at 100% fault in a later stage? as there is no police report

Doubtful at this point it sounds like they have agreed to 100% liablity..

3) Is it fine...if I inform the other company what I'm getting thru my insurance and ask them for that amount?

yep, and your carrier too..by the way are you 100% sure they are using KBB? I've NEVER heard of a carrier that used Kelly...

my insurance didnt take a look at my car,they are going by KBB value, but the other company has taken a look at my car and estimated the value)

Your carrier will more than likley look at your car...(can't imagine they wouldn't) if you decide to use your collision coverage...who told you this amount? an AGENT or an ADJUSTER? big difference here...

1) I recently spent some money on timing belt, tires, Battery etc for 1300$...they are offering me 100$ for the tires, but they rejected other expenses saying they are maintenance services. Is that so

They are correct...you're lucky they even considered the tires...I personally will only consider anything over 50% of the tread

...2) My new spare tire and wheel also got damaged...but they are saying those are included in the car price. Is that so?

yep, unless they were repairing it (which they are not) in which case they would replace this as well..

3) Can they offer me any money for car rental to buy a new car?

The at fault carrier should've already had you in a rental, which will cease somewhere around 72 hours after an OFFER of settlement (not acceptance offer)....

Posted: Fri May 09, 2008 03:34 pm Post Subject:

"3) Is it fine...if I inform the other company what I'm getting thru my insurance and ask them for that amount?
yep, and your carrier too..by the way are you 100% sure they are using KBB? I've NEVER heard of a carrier that used Kelly..."



comment: Sorry...they are going by NADA (clean retail). I informed my insurance what the other insurance company is offering me, they said if you want to go through with us...thats fine. Yes, KBB has 1400 dollars more than NADA clean retail value

"my insurance didnt take a look at my car,they are going by KBB value, but the other company has taken a look at my car and estimated the value)
Your carrier will more than likley look at your car...(can't imagine they wouldn't) if you decide to use your collision coverage...who told you this amount? an AGENT or an ADJUSTER? big difference here..."



Comment: My insurance has estimated the damage of the car last month...they might have taken a look and estimated the value of the car. we didnt discuss the value of the car at that time...coz i initially wanted to go through the other insurance company. Both agent and adjuster told me that amount

3) Can they offer me any money for car rental to buy a new car?
The at fault carrier should've already had you in a rental, which will cease somewhere around 72 hours after an OFFER of settlement (not acceptance offer)....


Yes the other insurance offered me for 2 days

"2) My new spare tire and wheel also got damaged...but they are saying those are included in the car price. Is that so?
yep, unless they were repairing it (which they are not) in which case they would replace this as well.."



comment: u mean to say, the sparetire/wheel is included in the car price or they should add that value with the car value?!


will it increase my premium?
no



comment: Is there something called noclaim benefit?! will i still get qualified for that?!

Thanks Lori

Posted: Sat May 10, 2008 11:52 am Post Subject:

Sorry...they are going by NADA (clean retail).

thank you that sounds better... :lol:

comment: u mean to say, the sparetire/wheel is included in the car price or they should add that value with the car value?!

included in the ACV (actual cash value) of the car...

comment: Is there something called noclaim benefit?! will i still get qualified for that?!

There may be some companies in 'some' states that allow this...my state wouldn't (can't be rated up for a not at fault loss)...so might be a good idea for you to talk to your adjuster first in case your state does allow this.

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