Totalling a Car out - Need Help

Discussion in 'Et Cetera, Et Cetera' started by Rikter8, Nov 13, 2009.

  1. Rikter8

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    On Tues, I got hit hard by a young driver. Totalled out my car.

    My insurance company offered me the book value for the car, which I'm ok with.
    But.. they are subtracting off my deductible of $500, and charging me to transfer a plate (To what vehicle, I do not know)

    I plan on filing a Mini-Torte claim against the other driver for the $500 deductible cost.

    Is it standard Practice for an insurance carrier to do this? Shouldn't I get the full amount for the vehicle, not vehicle price Minus $500?

    Would the Mini-torte claim close any further actions? (My back and arm are dorked up from the wreck - but cant get into the doc until Tuesday)

    Any positive advice is appreciated.
     
  2. pasarefun

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    What about the other guy's insurance? Why is your company already dealing before you get a medical check-up? I would not sign anything or agree to anything until you find out about all your problems. Also, most companies offer retail value of the car, pay off the remaining registeration fees, rental car, medical of course. Sometimes you can get a little pain and suffering costs. Don't short yourself!
    Hope you end up okay and you get a fair settlement.
     
  3. Rikter8

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    As far as I know, he had PLPD. He got the citation, so he was at fault.

    I didnt have a rental car rider, so no rental.

    I thought it was awfully fast too, but the amount for the car was an offer I could not refuse.
    Usually most lawyers here tell you, since it's a no fault state, there's nothing you can do, unless you are permanently disfigured etc.
    I'm really not the type to sue, but I am screwed up a bit, so I have to do something. Plus, I'm out my daily driver.
    Looking for Like experiences to learn from, since luckily I'm no pro at this.
     
  4. RedScrotum

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    That's because you are going through your insurance company. You should contact the at fault driver's insurance company yourself. they will pay you the amount that your car is worth, the cost of transferring the title and plates, and you have no deductable to pay them. It just won't be as fast as your insurance settling with you.
     
  5. Mem

    Mem
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    Yes, and you should also ask them to pay for a rental car until you are able to get another car. The other person's insurance should pay for the damage not yours. I always thought that no fault dealt with the medical aspect.

    Don't use your collision insurance for this. Collision insurance is only in cases when you are at fault to cover your damages, otherwise the other person's Liability coverage should handle it.

    This is unless rules have changed. That's how it was handled when I got in an accident and it was not my fault. The other company paid for a rental during the repair and paid the body shop directly, but that was at least 7 years ago.
    .
     
    #5 Mem, Nov 13, 2009
    Last edited: Nov 13, 2009
  6. B_stanmarsh14

    B_stanmarsh14 New Member

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    Makes me wonder if your insurance is trying to pull a fast one, by paying you off, then sueing the other side, making a profit.

    Way I always thought, was if the other party was to blame for the accident, you first contact your insurance, and they sue the other party on your behalf, for full costs, etc, especaly noticing they have a better understanding on how to deal with stuff like this.
     
  7. Domisoldo

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    Are we to assume that you were dealing with an uninsured / underinsured motorist?


    Mini-Torte? Would you be good enough to share?



    :yumyum:

    http://www.mozartscafe.com/t10.jpg
     
  8. jason_els

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    BINGO!!

    In a case like this, get a lawyer consult and get a receipt so you can recoup that too. You need to get as much as you're entitled to including retail value.
     
  9. Rikter8

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    Ok. I'll have to contact a lawyer then.

    The last time I called a lawyer, they told me there was nothing they could do, let the insurance company handle it. (Unless I was critically injured)
     
  10. Rikter8

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    \

    He was insured. His car was towed to his home, so I am going to assume it was only PLPD.
     
  11. jason_els

    jason_els <img border="0" src="/images/badges/gold_member.gi

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    You don't want a personal injury lawyer. You want one that deals in insurance matters. If the retail of your car is at least the value of the consultation fee, a rental, and expenses dealing with all of this (including gas) it's worth the effort. You should be zero out-of-pocket for all the trouble this is causing you and that includes everything associated with getting you back into a fair-value car.
     
  12. Rikter8

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    The offer for the car is better than what I was expecting, but I'm more worried about the back.
    I may go into a Walk in Clinic to have X-rays done just to be checked out.
    My dipshit doctor is busy until Tuesday.

    I'll have to call on monday. The insurance company was awfully pushy to get me done and over with...which makes me ultra nervous.
    They're scheduled to pick the car up on Tuesday from the dealership, so that only gives me Monday to at least talk with an attorney...IF...IF...they'll give me advice for free, which is highly doubtful around here.
     
  13. jason_els

    jason_els <img border="0" src="/images/badges/gold_member.gi

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    As soon as they settle then they're free to go after the other insurance company and not have to share anything with you. This is why insurance companies want to settle fast. This is why they will hand you a check at the accident scene if they can from their mobile offices (like Progressive). They know you're usually confused, just wanting to get things over, and whatever check they hand you at that point seems like a good deal so you take it and, in the process, sign away your right to make more claims for that accident.

    My uncle, my cousin, my step-father, my own father, and my grandfather were (or are) all insurance brokers. I know this area fairly well. What's key for you to do is itemize your expenses and keep receipts to prove your claim and see exactly what the laws are in your state and what your policy says. Bring your policy with you to the lawyer. A simple consult can save you quite a lot of cash or even a few hundred.
     
  14. Gillette

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    ^^^ What he said.

    Also, though my understanding is much more limited than Jason's, if you deal with your own insurance company not only do you have to pay the deductable but puting the claim through them gives them cause to increase your rates.

    I agree that you should be dealing with his insurance company as directly as you can.
     
  15. Mem

    Mem
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    Just for being involved in an accident regardless of fault or any claims they pay, they can and will raise your rates.
     
  16. Gillette

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    Well that's depressing. I'm going to have to pore over my policy more closely.
     
  17. jason_els

    jason_els <img border="0" src="/images/badges/gold_member.gi

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    Again, some states don't permit that and you may have a clause on your policy that prevents them from doing it if they offered that option. It's a good question to ask the lawyer and another reason to read your policy from top to bottom. I have run into people who had rates increased even though they were clearly not at fault, as determined by police records, when it was illegal for the insurance company to do so. Most people just pay it but if you catch it the insurance company basically goes, "oops! that was a mistake. we didn't mean to do that." Yeah right.
     
  18. Mem

    Mem
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    I have Allstate, they are the cheapest down here, according to all my online quotes when I insured here. They offer a Silver plan for an extra cost(forgives one accident) and another higher one. I just took the regular plan with Collision and Comprehensive.
     
  19. Rikter8

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    On Monday I will be contacting an Insurance Lawyer.

    This particular lawyer deals with Insurance claims as well as accident claims.
    Is that bad?

    I'm going to call the insurance company on Monday and tell them that I need to put things on hold until my doctor appts are over.

    Thanks for your help gang...I really appreciate it!

    I'm not sure what I'm going to do for a vehicle honestly...
    I'm driving my truck, which needs major work.

    If anybody knows of any:
    84-87 Olds Cutlass/442's
    86-87 Buick Regals GN's
    82-86 Chevy Malibu 2 doors
    GM RWD full frame cars for sale in your southern neighborhoods... please let me know. I am looking to come south anyway to NC, but willing to drive elsewhere too!
    I'm tired of cars that completely fall apart and crush when I get hit.
     

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  20. b.c.

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    As I've said here on numerous occasions, if you have Allstate then you're fucked.
     
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