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Questions About Auto Insurance & Accidents

4420 messages,  Last post on Dec 04, 2009 at 1:08 PM

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What is this discussion about? Buying Insurance


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#3156 of 4420
Re: Can't figure this one... [oldfarmer50] by Mr_Shiftright HOST
Aug 17, 2007 (9:19 am)
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Replying to: oldfarmer50 (Aug 17, 2007 2:03 am)

cops in upstate NY are tyrants in my experience. I think they were voted "worst in America" in some car magazine, as I recall...even beat Texas and Chicago (I know, I know, "don't mess with..etc etc.")
#3157 of 4420
Re: Can't figure this one... [Mr_Shiftright] by oldfarmer50
Aug 17, 2007 (12:51 pm)
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Replying to: Mr_Shiftright (Aug 17, 2007 9:19 am)

"...cops in upstate NY are tyrants..."
 
I'm not so sure I'd call them tyrants but it pays not to piss them off. Half of my son's points came from the one accident. He slid on ice coming down a hill, slid through a stop sign and over an embankment into the woods.
 
This was in January, he was cold so instead of calling the police he called a friend and went to the friend's house to warm up (and I guess to come up with an excuse for why my car was in the trees).
 
In the meantime the police dragged me out of bed thinking I had been driving. When they saw it wasn't me and there was no one with the car they brought out the bloodhounds to search for him. By the time I located my son the police were in a rare mood. I made sure to accompany him back to the scene because I was afraid they would work him over if they got him alone.
 
In the end they took it out on him by writing multiple tickets.
#3158 of 4420
Re: Can't figure this one... [oldfarmer50] by euphonium
Aug 17, 2007 (2:33 pm)
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Replying to: oldfarmer50 (Aug 17, 2007 12:51 pm)

After coming up on the scene of a one car crash and finding nobody in or near the wreck, it is very thoughtful of the police to use dogs to search for an injured person wandering around the woods in a daze. It is more thoughtful to wait for the police so as to advise them they needn't call out the dogs. Leaving the scene is not recommended until you've checked in with the authorities.
Don't be afraid of Police as they are there to "Serve and Protect" so I trust you thanked them for searching for your errant son.
#3159 of 4420
Re: Can't figure this one... [euphonium] by oldfarmer50
Aug 17, 2007 (2:50 pm)
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Replying to: euphonium (Aug 17, 2007 2:33 pm)

"...thoughtful of the police to use dogs..."
 
It sure was. It was after they found out he was OK that both my and the police's mood changed.
 
"...Leaving the scene is not recommended..."
 
No it is not. It can even get you a ticket
 
"...I trust you thanked them..."
 
Yes I did. And I insisted that my son apologize to each officer. I still would not have left him alone with them though. Police are people too and they can make bad judgments in the heat of the moment, just like teenagers.
#3160 of 4420
Re: Can't figure this one... [euphonium] by Mr_Shiftright HOST
Aug 17, 2007 (5:27 pm)
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Replying to: euphonium (Aug 17, 2007 2:33 pm)

Absolutely right. You can't generalize and you can't give away your rights to the police. Police need to be watched and monitored by the community just like politicians, the military and, to veer back on topic....your insurance company. Otherwise you are just asking for abuses to crop up.
 
Supposedly state insurance boards are supposed to regulate insurance companies and protect the consumer, but one has to wonder. I've tried to file a complaint against an insurance company for violation of state regulations. It's a sobering experience.
 
No wonder there are so many class actions suits flying around right now.
 
Here's an interesting website on the subject--but I have no idea how accurate or fair it is--
 
http://www.badfaithinsurance.org/
#3161 of 4420
Diminished Value Now Recoverable in Ohio by cccompson
Aug 19, 2007 (4:52 pm)
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Last month the 10th District Court of Appeals (Franklin County) unanimously recognized that diminished value can be recovered in Ohio in Rakich v. Anthem Blue Cross & Blue Shield, 2007-Ohio-3739. This is now the law in Columbus (and I sure hope I never need it!).
 
According to yesterday's edition of The Columbus Dispatch, the insurance company has yet to decide whether to appeal to the Ohio Supreme Court. IMHO the decision was well reasoned and will not be reversed if appealed. Caveat: perhaps I should say that it should not be reversed. Given that the GOP holds all 7 seats, pro-business decisions are not unknown here.
 
Per the newspaper, the SUV in question sold for $49,000 new. Five months later it was broadsided and the insurance company paid $8000 to repair the damage. The owners are now seeking an additional $6000 for diminished value.
#3162 of 4420
Re: Diminished Value Now Recoverable in Ohio [cccompson] by Mr_Shiftright HOST
Aug 19, 2007 (5:43 pm)
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Replying to: cccompson (Aug 19, 2007 4:52 pm)

Now were they suing their OWN insurance company or the third party's?
 
In California I was under the impression that you can sue the third party but not your own company for DOV.
 
Insurance companies HATE DOV claims. They fight every one tooth and nail.
#3163 of 4420
Re: Diminished Value Now Recoverable in Ohio [Mr_Shiftright] by euphonium
Aug 19, 2007 (7:48 pm)
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Replying to: Mr_Shiftright (Aug 19, 2007 5:43 pm)

Have never read under Collision Clauses where DV is part of the coverage.
 
It should be honored in all Property Damage Liability Claims and all U.M. Property Damage Liability claims.
 
The more pricey or costly of the vehicle in question, the more DV should be awarded.
#3164 of 4420
Re: Diminished Value Now Recoverable in Ohio [Mr_Shiftright] by cccompson
Aug 20, 2007 (1:20 pm)
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Replying to: Mr_Shiftright (Aug 19, 2007 5:43 pm)

A number of defendants were named in the case (and the first named defendant has already been dismissed out). It appears that the insurance company here (Nationwide) was the carrier for the other driver but I can't be sure from the opinion.
 
LOL, the newspaper quotes the vice president of governmental affairs for the Ohio Insurance Institute as saying that the case is little more than a marketing ploy for civil lawyers and that it will have "...very little impact on how claims will be handled in the future."
 
Right - the spin never ends.
 
As it happens, Nationwide is my insurer and they will not pay DV to a policyholder unless the policy has such an endorsement.
 
One of the interesting points the court made related to Nationwide's claim that such claims were inherently speculative. They disposed of this summarily by saying that one of the things insurance companies do all the time is determine before and after values of crashed vehicles.
#3165 of 4420
Re: Diminished Value Now Recoverable in Ohio [cccompson] by Mr_Shiftright HOST
Aug 20, 2007 (1:52 pm)
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Replying to: cccompson (Aug 20, 2007 1:20 pm)

You can probably use the "reasonable man" argument as well: If two identical 2006 Mercedes Benz or Lexus cars are sitting side by side, each one priced at the same price, but one untouched since the day it was built and the other recently repaired with $20,000 worth of body damage, which one will the reasonable man choose?
 
Exactly! And what would compel him to choose the repaired vehicle?
 
Yep, lowering the price.
 
What might be somewhat "speculative" is the actual dollar amount required to convince the man to buy the previously damaged car. But we know it's going to be a substantial amount, probably 25%-35% deduct off "book".

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