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Questions About Auto Insurance & Accidents

4416 messages,  Last post on Dec 04, 2009 at 9:54 AM

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#3956 of 4416
Need urgent help on a Total Loss case by pjuser1
Jun 12, 2008 (3:00 pm)
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Hi, All,
 
I'd really appreciate it if I can get some advice on my case.
 
My car was parked legally on a downtown street a couple weeks ago. When I returned to my car a few hours later, the back of the car was smashed. Police left a notes for me to call.
 
While I was examing the damage, someone came by. Apparently, he was the witness and he saw a Lowe delivery truck hit my car, and was fleeing the scene. He and a few others chased down the driver. The driver claimed that he didn't see the crash.
 
Anyway, they called police and filed a police report.
 
I contacted my insurance company (Geico). They immediately contacted Lowes. They fully admitted that it was their fault, and I was asked to work with their insurance company.
 
Here is the problem:
 
The insurance company has been very difficult to deal with. They called me and said "we plan to declare your car a total lost. And we'll offer you $6,000. And minus the savage value. We'll not keep your car."
 
I asked "why do I have to take the car back". They said that "because we don't keep your car". I pressed "it's illegal for you to force me to take the car back". She said "well, what do you want? do you want to take the car back or not"? I said that "I cannot make a decision until I got all of the information you promised me."
 
The interaction with this company has been like this -- I really think they're walking a fine line -- some of the stuff they're doing are not legal technically, I think.
 
Anyway, here are my questions:
1) am I better off if I ask my own insurance company to handle this? (geico is my own insurance company, and they seems to be much easy to deal with, although I haven't talked to them about numbers yet.)
 
2) how should I negotiate with this other insurance company? is this pretty typical of how insurance company works?
 
3) how should I come up with a fair assessment of the market value of my car? I'm looking at the "appraisal" section of Edmunds. I'll check KBB.com as well. Are their data accurate?
 
4) Would it help if I contact Lowes to complain about the insurance company? This is completely their fault, and they need to take care of it.
thanks in advance for any tips you might have.
thanks.
#3957 of 4416
Re: Need urgent help on a Total Loss case [pjuser1] by euphonium
Jun 12, 2008 (4:05 pm)
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Replying to: pjuser1 (Jun 12, 2008 3:00 pm)

Because your car was vacant when hit, there is no chance of a Bodily injury Liability Claim. The enables Lowe's carrier to give you a bad time.
 
Settle with Geico because you work better with them. Eventually, they will subrogate and you will get most if not all of your deductible back.
#3958 of 4416
Re: Need urgent help on a Total Loss case [euphonium] by pjuser1
Jun 12, 2008 (4:25 pm)
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Replying to: euphonium (Jun 12, 2008 4:05 pm)

Thanks.
 
A couple of questions:
1) I've spent quite a bit of time taking time off to go to the body shop, and deal with this matter. can i ask for compensation?
 
2) i'm still waiting for the at-fault party's insurnace company to get back to me (they're waiting for savage value report.) can I switch to my own insurance company now? will the other insurance company asks me to pay for the rental that they've been providing me?
#3959 of 4416
I see a tossup by marsha7
Jun 12, 2008 (5:49 pm)
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on this...you could call Lowes (they won't be happy that their driver was a hit and run) and complain that you are poorly treated by their insurance...that may or may not work...
 
The easiest would be to let Geico to total your car, take your car, and let them go after Lowes, and yes, you will get your deductible back...the drawback I see to this is this: is it truly damaged so badly that GEICO will also total it???...you might be upset if Geico said they could fix it for $4,000, and you will wish you could bring back the "total" from the idiots at Lowes...if there are $10K in damages, so that ANY ins would total it, you're OK with Geico...
 
Check all sources for what your car is reasonably worth...the operative phrase is "reasonably worth"...if it is a Honda Accord, currently in demand with $4.00 per gallon gas, you may get decent value...if you have an Expedition, don't be surprised if Internet values are way too high...here is GA, dealers have signs out front that say right up front "we will NOT take your SUV in trade"...so the Explorer that KBB says is worth $10K may now be worth $4K in the real world, since no one wants a gas guzzler...
 
Sadly, your time going back and forth to the body shop has no compensable value...Lowes should pay for the car rental, but, keep in mind, once you are paid for your total, they really do not have to pay for a rental anymore...sometimes they will for an extra day or so, but don't hold your breath...
 
Be careful what you wish for, you might get it...
 
Send me your name and address, so I can bill you for my time......when's the last time you heard of a cheap lawyer???
 
Uh, OK, here, and only here, am I a cheap lawyer, but, I gotta tell ya, this pro bono stuff is killing me...
#3960 of 4416
Re: I see a tossup [marsha7] by fezo
Jun 13, 2008 (11:05 am)
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Replying to: marsha7 (Jun 12, 2008 5:49 pm)

Uh, OK, here, and only here, am I a cheap lawyer, but, I gotta tell ya, this pro bono stuff is killing me...
 
I can hear the anxiety from here....
#3961 of 4416
Re: I see a tossup [marsha7] by euphonium
Jun 13, 2008 (1:48 pm)
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Replying to: marsha7 (Jun 12, 2008 5:49 pm)

The free advice doesn't end when you retire. I still get questions from former clients and current friends about insurance matters even though I officially retired over 10 years ago.
 
My wife says it is a tribute to my level of professionality & so it is with you.
#3962 of 4416
Re: Need urgent help on a Total Loss case [pjuser1] by satire
Jun 17, 2008 (11:56 am)
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Replying to: pjuser1 (Jun 12, 2008 4:25 pm)

The one thing I 'd like to know is if the police charged the Lowes driver with hit and run. If not, why not?
 
Just curious.
 
Thanks and best of luck.
#3963 of 4416
Re: Need urgent help on a Total Loss case [satire] by pjuser1
Jun 18, 2008 (1:34 pm)
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Replying to: satire (Jun 17, 2008 11:56 am)

Driver claimed that it was a very narrow street and he simply didn't notice that his truck hit my car. He was stopped after two people who lived nearby got on a bike and chased him down. I don't think the driver was charged, but I guess the police could pursue a case if they want. But, there are so many cases like this in the city I live, Police simply didn't have the time and resource for this type of case.
#3964 of 4416
I won!! by satire
Jul 29, 2008 (5:22 pm)
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Several weeks ago I came here looking for advice on how to fight Farmers Insurance. Based on what I was told here and over at Craigslist.com, I took on Farmers and I won.
 
Briefly I was hit by a red light runner back in April. After three weeks of waiting on Farmers (the insurance company of the lady who hit me) to call, they finally did and said they were totaling my car, taking it and giving me only $6,400 for it. Repair estimate was $9,500. Bluebook on the car was about $6,400.
 
For two weeks I argued with them and they would not budge. The $4,500 I had invested in the car during the month before the accident was of no concern to Farmers. They said that the new tires that were five days old when I was hit didn't add any value whatsoever to the car. On and on it went.
 
I then was advised by a couple of people to sue the lady who hit me. I did that in small claims court. In California the maximum one can get is $7,500. Shortly after the papers were served on the lady Farmers called and offered to settle the claim for $7,500. The legal department of Farmers told me they had no interest in the car and I could keep it.
 
So I didn't get the entire amount that it will take to fix the car but I got $1,100 more than they wanted to give me and I get to keep the car with a clean title.
 
Lesson learned? Sue the idiots. It's the only incentive that will get their attention.
 
Thanks to all for your help and advice.
#3965 of 4416
Re: I won!! [satire] by jipster
Jul 29, 2008 (6:40 pm)
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Replying to: satire (Jul 29, 2008 5:22 pm)

So, you took Shifty's advice and settled... congrats. I probably would have countered there offer by an extra $500, probably could have squeezed them for a few more pennies. But, you won and got to keep the wreck. If you part it out that's at least another couple grand.
 
Now, aren't you glad you listened to me, and not the "life is too short" crowd?

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