Last Monday night I was hit by and 18-wheeler truck (not my fault). Some how by the grace of God I was not injured - not even a scratch. However my car was totaled. The guy who hit me was sited for illegal lane change. My insurance company has been handling the claim. We just got the police report today. Meanwhile my insurance is trying to pressure us into settling with them for the amount of my car and it's only been a week since the accident. Plus they said I have to pay my deductible and may not get it back.
We want to go after the trucking company but my insurance is rushing us thru this process. They are now threatening to take away my rental car if we don't take their settlement. I'm not so worried about the rental car, but why are they rushing us thru this?
Also, if we decide to take the money from my insurance, can we still go after the trucking company? I was thinking about getting a lawyer but I wasn't injured. HELP! NEED ADVICE! What are my rights?
2007-06-19 13:55:00 · 9 answers · asked by gprentice21 1 in Cars & Transportation ➔ Insurance & Registration
If they are making a fair offer on the car, there is nothing to sue for, other than an unreimbursed deductible. Normally when a good-faith offer is made on a write-off, the obligation of the company to pay the rental car expires, by the way. Many people complain the process takes too long by the way. If you get a lawyer involved, it will likely reduce what you actually end up getting, because the lawyer doesn't work for free.
2007-06-19 20:20:07 · answer #1 · answered by Fred C 7 · 2⤊ 0⤋
Ok.. you have two choices in this matter..
a) go through your insurance... accept their settlement (unless you have valid PROOF that you deserve more... it really is what it is) .. and be done. They cant keep you in a rental... usually the rental is taken away about 3 days after they make the settlement offer.. thats written into your contract. You cant just stay in it.. thats not in your policy.. its only for when they are investigating and finding the value of your car.. and making the offer. Now.. as soon as they pay out.. they will go after the other carrier for their money back.. as well as yours. Trust me.. they want there money back too.. now.. they cant gurantee you will get it.. b/c who knows.. maybe the other persons insurance isnt valid.. or maybe they dont agree to liability... it all times time
b) go through the other carrier.. this can take a long time..bc they have every right to investigate and before they do this.. they dont owe you rental. Your own insurance doesnt owe you a rental either if you are going thorugh the other carrier.
To make a long story short.. your insurance is doing everything right here. a lawyer wont change a thing.. the people who say that are uneducated in this field. They investigated the accident.. made you an offer... gave you a rental in the meantime.. and now its time for you to decide. They cant force the other carrier to pay you back or to speed up... what else do you want them to do?
I suggest you go through your insurance.. pay the deductible.. and let them work for you to get it back
2007-06-19 15:29:00 · answer #2 · answered by la428282 6 · 2⤊ 0⤋
Please allow me to try and clear this up for you. There is nothing underhanded about what they are doing. There are three reasons they want you to settle with them.
1. SPEED/TIME - It will take much less time and hassle to settle with your own company then it will to settle with the truckers insurance.
2. CUSTOMER SERVICE - Do you have any idea how many people complain because their insurance doesn't settle as fast as they want it to on car damage claims. In 20 + years of handling claims I think you might be the first insured I have heard of that is complaining about a company trying to settle a vehicle damage claim too fast.
3. AUDITS - Every adjuster gets "graded" on how long it takes them to settle "first party" (means policyholder) claims.
They have the right to stop paying for the rental car about 3 to 5 days after making you a "documented offer" for the total loss. If they haven't sent you copies of the documentation on how they came to the value call them and get it. IF you dispute their value then be prepared to do your own homework to prove to them that they need to increase their offer.
If you settle with your company you have no legal right to collect vehicle damages from the trucker or their insurance company. It is illegal to profit from an insurance claim, so don't bother trying it. It is legal to get a settlement offer from both companies but you are allowed to only take one of them.
You must "pay" the deductible if you settle with your own company no matter who is at-fault. Your company will then seek reimbursement from the truckers company for your deductible and the money that your company paid you. If you are not at-fault then you should get back at least the majority of your deductible if not all of it.
If you collect from the other company there is no deductible. However, the other company may reduce their offer based on comparative negligence depending on what state you are in. In most accidents, other than rear-end accidents, each driver can be held partially responsible for an accident. So they may not offer you 100%.
I can only assume that most of the other answers are coming from people who do not work in the claims area. Getting an attorney is a total waste of time AND money. They normally have no clue what a car is worth so they won't be able to do anything for you except send you a bill.
Relax
2007-06-19 15:12:09 · answer #3 · answered by fighting saints 6 · 1⤊ 0⤋
If the amount they are offering is a fair amount, enough to buy the same car, in the same condition, with similar mileage etc... then why not settle?
However, if they are being pushy, then I would have to assume they want this done and over with in a hurry for a reason. Perhaps before you realize they are screwing you.
I would shop around and get a few ideas on what it is going to cost you to replace your car, to see if they are indeed trying to jew you. As for going after the trucking company, I highly doubt you would get anywhere with that, not having any injuries and such.
2007-06-19 14:05:40 · answer #4 · answered by Anonymous · 1⤊ 1⤋
if u were not hurt and your insurance company is paying for your car what are u after.theres no doctor bills and your willing to hire a lawyer to go after them for what the deductable or the rental car.and if he hit you why is your insurance company trying to settle with you,its should be his
insurance company paying for the car.i wish i knew the name of your insurance company so i do get a policy with them.
2007-06-19 14:12:26 · answer #5 · answered by tucker 1 · 1⤊ 2⤋
call a lawyer before you do anything sounds a little funny that the insurance would do this
2007-06-23 11:42:13 · answer #6 · answered by cheri h 7 · 0⤊ 0⤋
do not sign without a lawyer. you could have injuries that do not show up for awhile. the reason the insurance co is pressuring you is that also. they get you while you are at your weakest point and make it sound so good when it is actually not. you should not have to pay a co-pay either. if you sign you take away all your rights to further money.
2007-06-19 14:02:42 · answer #7 · answered by Timmy T 3 · 0⤊ 5⤋
GET AN ATTORNEY ON THIS NOW. Sounds like they made a deal with the trucking company. SIGN NOTHING.
2007-06-19 14:01:26 · answer #8 · answered by Ironball 7 · 0⤊ 5⤋
do not sign anything. get a lawyer and fast
2007-06-19 14:00:56 · answer #9 · answered by Anonymous · 0⤊ 5⤋