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Smart Shopper Questions About Auto Insurance & Accidents
4410 messages, Last post on Nov 29, 2009 at 5:58 AM
You are in the Smart Shopper Forum. Your Hosts are kirstie_h & tidester
| that car companies offered one year leases...I am quite familiar with 2 and 3 year leases, but I just assumed (???) that 1 year was also offered...obviously I still have much to learn... | |
I was recently rear ended in my brand new 2007 Camry. Less than 2 weeks old and only 350 miles on it. My question is the insurance says it will repair the car to the condition it was in before the accident. How can a repair make it a new car again? To me this makes my car a repaired new car, not new off the lot. I am very confused. I was not the at fault driver. This was a 3 car accident in which that car that hit me was pushed into me by the 3rd car, who was at fault. Since the at fault drivers insurance (Geico) was giving me hassles right from the start, I am now going thru my own insurance. My insurance will recover what ever they pay out on this accident from the at fault drivers insurance. Don't I have a right to demand a replacement car? I also have injuries from this accident, which my own insurance will reimburse me from any out of pocket med expense, but they will not reimburse for paid and suffering and lost wages. Should I get an attorney?
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Replying to: patcof2 (Sep 12, 2006 7:10 am) Did you have "Replacement Cost" coverage with your company? Property Damage Liability either repairs or replaces whichever is of least cost to the insurer. Nobody is in the business to finance the love affair you have with your car. The most you can expect from any company is repair and if you can prove it, Diminished Value. Good Luck. |
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Replying to: patcof2 (Sep 12, 2006 7:10 am) Obviously, a repair doesn't make a car new. It's only a restoration of the physical condition and has nothing to do with "age." You are entitled to the provisions of your insurance policy. I doubt it says you will get a new car for a fender bender. tidester, host
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Replying to: tidester (Sep 12, 2006 8:47 am) |
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Replying to: patcof2 (Sep 12, 2006 9:30 am) You are absolutely correct. But your car isn't new. It's a 2 week old used car. Even if you had just driven the car off the lot and gone only 10 yards down the road, the situation would be the same. I know it sucks, but that's the way things work. If you're vehicle was totalled, you'd be out a few grand. |
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Replying to: patcof2 (Sep 12, 2006 9:30 am) Did you have to go away in an ambulance? Mark
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If I'm in an accident and driving some else's car, who pays, my insurance or the insurance of the owner on the car I was driving?
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Replying to: mikefm58 (Sep 14, 2006 3:35 am) Mark 
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The insurance of the car is primary...if the car is uninsured or underinsured, then you can go to your policy...if you do not drive or do not have insurance yourself, you may have group health for your injuries... I am assuming (there I go again) that the other guy was not at fault, altho in a no-fault state, some require that you always go to your insurance, in which case the above rule should apply... Altho I have seen many cases where the victim was driving someone else's car, used the car's collision to repair the car, but used their own medpay for their injuries, since the car's insurance did not include medpay... Sometimes being an atty is like trying to figure out Rubik's Cube...
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