Car accident, insurance co. balking Help!
Hello everybody, last week my 80 yr old mother was in a traffic accident. She was rear ended while sitting at a stop light. She and my brother were rocked forward her head hit the steering wheel. She had headaches that lasted about three days. She bought her car not long after my father died. Money was tight just after the funeral and the car she purchased while looking and running great has a salvage title. Ford Taures 1996. Shes owned this car for 8 years now with zero problems. The insurance company has said that they are going to total the vehicle which will not pay for the repairs necessary. My mom wants her car fixed. Is the insurance company required to get you back to where you were before the accident? What would be the correct way to go here?
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They are required to either fix the car or give you fair market value for it. The decision to fix or total is their's. With the car having a salvage title, it's already been totaled once, so establishing a value may be tough. In some cases I've heard of insurance companies actualy being required to replace the car, this was the case with some friends of ours. 0 -
just went through that. they said unless you have replacement ins. then they only pay bluebook. i traded in one which they allowed me 5000.00 on and put down another 5000.00 cash to get payments lower, 6 months later my wife totaled it. guess what? they only paid off the note. you better go put 50.00 on a lawyers desk and have him read your policy and tell you.[V]
Wasn't American Family was it?0 -
Just one question...
How do you hit our head on the steering wheel when you are hit in the arse!!!!
No offence but that story is going to make me balk too!!!
Now I ain't saying that it didn't happen, stranger things have happened, but logic dictates a real close investagation..
So it don't surprise me one tiny bit that they are balking.....
They always do when the story is strange even if it is true...
I would imagine they are really concerned that if the pay right off the bat that that will show that they accept the fault and may be liable future suits if the injury is someething more than a HEADACHE!!!0 -
Thanks for the replies, Tomahawk insurance co is the Hartford. Tobefree, when hit from behind your head rocks back and then forward. It has happened to me also. 0 -
You need to get an ambulance chasing attorney. These are the only types of cases where they are useful. My sister had a simlar incident and after playing with the other guys insurance company for a month for miniscule payments, she got an ambulance chaser and ended up getting full replacement value for her vehicle and $5k extra for pain and suffering (which she wasn't even looking for).
People hate the ambulance chasers, but it is insurance companies that make them a necessity.
Since there were injuries, most will take the case on contigency.0 -
As Archie Bunker said; Get the Seven Savage Jew Brothers Attorney's at law and find out what the deal is. 0 -
Your grandmother may be developing some previously unseen injuries, huh? 0 -
quote:Originally posted by tobefree
Just one question...
How do you hit our head on the steering wheel when you are hit in the arse!!!!
She likely whiplashed backwards then forward as momentum shifted. Not unusual.
Insurance companies are the sorriest crooks I have the pleasure of fleecing. They only know one way to play. Nasty. Get a lawyer, get the personal injury claim filed. Most lawyers don't do the property damage part, but when an attorney appears, things change.
You said salvage title. That is big. Salvage title cars are worth less. Period.
If she is hurt do not wait in seeking a doctor's opinion. Personal injury, not property damage, is where the money is.
Good luck, and I'm glad she is not seriously injured.0 -
There are two different loss categories- property (the car) and personal injury (whacking the steering wheel) As far as car goes, the driver of the other car (and their insurance carrier) owes for the cost of fixing the car, OR what the car is worth. When the cost of repair exceeds value, it is a total. Go to nadabluebook.com, enter the data for the car, and pull up the value. As far as personal injury- go talk with an attorney. Good luck. 0 -
Get a good PI lawyer. Preferably one that drives a Lexus or even more expensive car, has minimum $1,000 dollar suits, uses personalized pens, has expensive jewelry etc. They know how to sue, and the insurance people won't listen to anyone but a lawyer. 0 -
quote:Originally posted by steve45
Hello everybody, last week my 80 yr old mother was in a traffic accident. She was rear ended while sitting at a stop light. She and my brother were rocked forward her head hit the steering wheel. She had headaches that lasted about three days. She bought her car not long after my father died. Money was tight just after the funeral and the car she purchased while looking and running great has a salvage title. Ford Taures 1996. Shes owned this car for 8 years now with zero problems. The insurance company has said that they are going to total the vehicle which will not pay for the repairs necessary. My mom wants her car fixed. Is the insurance company required to get you back to where you were before the accident? What would be the correct way to go here?
The Insurance company must give you the current market value of the vehicle which that partiular car typically runs $3500-$4000
a little more if it has special options....that is KBB excellent condition value.... as for the injuries you'll need a lawyer. But the best lawyer in the world probably couldn't get you more that $4000 for the car and even if he good you $6000 he will take $2000 of it back for himself....unless you mom is really hurt tell them you''settle for $6000 and hope they bite.......Oh yea they don't have to fix the car, just give you fair market value....0 -
I was an insurance adjuster for 15 years.
The insurance company is responsible for paying fair market value or the cost to repair the vehicle, whichever is less.
The insurance company should be paying for a rental vehicle for an appropriate amount of time. Normally, that's about three days after you have agreed to their settlement offer. However, if you're being unreasonable (IOW, for a $3000 car you want $6000), they have the right to tell you to go pound sand and don't have to keep paying for a rental.
By paying you the fair market value of the car, they are putting you back "whole" before you had the accident. While you don't have the vehicle, you have the value of the vehicle.
What you are going to want to do to ascertain FAIR market value of the vehicle is do some research. I recommend Kelly Blue Book (kbb.com) and NADA (nada.com). Read the descriptions of value very closely. If you are being unrealistic, you won't be getting a true value. Just because you think the car was in "excellent" condition, be sure to read the actual description. "Excellent" in valuation usually means not driven, zero defects in paint, trim, etc., brand new tires, etc. IOW, this is a vehicle that is used only occasionally and spends 99% of its life inside a garage. Most people who think their vehicles are in "excellent" condition haven't read the descriptions, and are shocked to find that their vehicles are in "good" or "average" condition.0 -
I had a long reply to this and hit the wqrong button on my keyboard and now it's gone. Basically, I haven't found an attorney that will help with property damage. FARM BUREAU OF SOUTH CAROLINA won't pay off on legitimate claims. And, the insurance racket is the biggest legal rip-off in the country. 0 -
quote:Originally posted by drjew
And, the insurance racket is the biggest legal rip-off in the country.
Yes it is.0 -
quote:Originally posted by drjew
I had a long reply to this and hit the wqrong button on my keyboard and now it's gone. Basically, I haven't found an attorney that will help with property damage. FARM BUREAU OF SOUTH CAROLINA won't pay off on legitimate claims. And, the insurance racket is the biggest legal rip-off in the country.
Excuse me, but if you believe this you do have an option.
Become self-insured. Most states require you to put down a bond in the amount of the minimum limits required in the state.
No more premiums paid, you get to defend yourself in the event you get sued, and you have nothing more to worry about.0 -
Thanks Everybody! 0
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