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Questions About Auto Insurance & Accidents

4408 messages,  Last post on Nov 28, 2009 at 8:44 PM

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#3964 of 4408
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 4408
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?
#3966 of 4408
Advice sought by michaell
Jul 30, 2008 (7:52 am)
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At the end of May, my stepson got married. Daughter in law inherited a '97 Camry with 130K on the odometer from her older brother. To the best of my knowledge, the car was on her parents' insurance policy.
 
They move in together, about 200 miles from where she lived. Two weeks ago, she was hit (details are unclear) by another car. Police report clearly states that the other party was at fault. Damage is to both doors on the drivers side, but car is driveable.
 
We since find out that her parents dropped insurance coverage on her car (date unknown), and the newly married couple haven't yet activated insurance on it. The son's car ('01 Saturn L200) is currently covered on a policy through Progressive.
 
Utah is a no-fault state.
 
They have had contact with the other driver's insurance company (Nationwide?), but there hasn't been any movement on this issue. I've suggested to him that they, at the very least, get an estimate for bodywork on the Camry.
 
Any other thoughts as to how they should proceed with this? I've suggested that he call Nationwide and ask why they haven't sent out an adjuster, but this was before I found the no-fault provisions. If she was driving an uninsured car at the time of the accident, does she have any recourse, even if the other party was indicated to be at fault?
 
EDIT: kbb.com shows this car, in 'fair' condition, to have a private party sale value of just over $3200. What guides do the insurance companies use to determine value, and what percentage is used to figure if the car should be totaled?
#3967 of 4408
Re: Advice sought [michaell] by kyfdx HOST
Jul 30, 2008 (7:57 am)
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Replying to: michaell (Jul 30, 2008 7:52 am)

No-fault is kind of a misnomer.. If the other driver is at fault, then their insurance should pay for her damages...
 
But, without an insurance company to back her up, they will drag their feet... I wouldn't be surprised if she has to get a lawyer..
 
A trip to small-claims court, suing the other driver might seem like a good option, if the insurance company isn't forthcoming... (SEE ABOVE...lol)
 
EDIT: The issue of driving without insurance may come up... Don't be surprised if the other insurance company turns her in... or, if she gets cited, once that comes out in small claims court.
#3968 of 4408
Re: Advice sought [michaell] by mikefm58
Jul 30, 2008 (10:14 am)
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Replying to: michaell (Jul 30, 2008 7:52 am)

First off, no fault does not apply as that covers the first $xxxx amount of medical injuries, each state differs on the dollar amount. So all she has is the damage to her car.
 
Second, the Saturn may not be covered if his address hasn't been changed with the ins. co., they can be finicky about that, especially if he's in a serious wreck, get on the phone with them NOW if it hasn't already been done.
 
I would get an estimate. If the estimate is within about 80% of the appraised value, then it will be totalled. There's usually some fudge factor involved so be reasonable but firm. Sounds like it's still a nice car with gas prices the way they are, so try to resist them totalling it out.
 
Sometimes ins. cos. can drag their feet, but if you already have a claim number, then be persistent and tell them what you expect.
#3969 of 4408
Re: Advice sought [michaell] by euphonium
Jul 30, 2008 (7:59 pm)
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Replying to: michaell (Jul 30, 2008 7:52 am)

What is the date of when the Bride took title or when did she legally own the Camry?
 
If the crash happened within 30 days of that date, following the marriage, Progressive is insuring the Camry for the same coverages as on the Saturn. Read Newly acquired automobiles section of Grooms policy. The acquisition took place as a result of the Grooms marriage & he has 30 days automatic coverage in which to report the addition of another vehicle. Not 30 days from the marriage date, but 30 days from whence the Bride took title.
 
Thus, she may not have been without insurance.
#3970 of 4408
ERRORS AND OMISSIONS POLICY by juliagolia
Aug 01, 2008 (11:48 am)
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I have a question. I had never had a ticket until a couple of days ago when I rear-ended someone. It was my fault no major trauma at all. My insurance is Progessive and is paying the "victim" 100%. I used to have allstate but hired an agent because I wanted someone to handle all my properties and all my vehicles in one place, one person. When I contacted my agent I liked her. She asked about what all I wanted and I gave her all my current policies because that is what I wanted. I had never dealt with insurance my hubby always took that on. So I was new to this. She took my policies from other places and carried them over. When I got into this accident I called her to ask again what my deductible was. To make a long story short she failed to cover my car with full coverage-no collision. This is the car I drive everyday with my 2 year old. This is a farily new car that is paid for. Why on earth would I have full coverage on another truck that is paid for and a travel trailer that is recreational but not mine. Anyway, shouldn't she be liable and partially at least 50% responsible for the damages? I know I should have read my policy, but isn't this what an agent is for. She told me over the phone at the scene that she simply went by my old policy I had from Allstate. I checked my old one out when I got home and I had full coverage on my car. What should I do? I immediately added collision and comprehensive the next day, and it is in the shop now, but what actions can I take for her irresponsibilty?
#3971 of 4408
Re: ERRORS AND OMISSIONS POLICY [juliagolia] by oldfarmer50
Aug 01, 2008 (12:14 pm)
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Replying to: juliagolia (Aug 01, 2008 11:48 am)

"...what actions can I take for her irresponsibility?..."
 
Probably nothing more than switching your business to another agent unless you have proof that she disregarded your instructions.
#3972 of 4408
Re: ERRORS AND OMISSIONS POLICY [oldfarmer50] by juliagolia
Aug 01, 2008 (12:26 pm)
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Replying to: oldfarmer50 (Aug 01, 2008 12:14 pm)

She told me over the phone at the scene that she simply went by my old policy I had from Allstate. Which I looked up and had full coverage--would that be proof enough? or no?
#3973 of 4408
Re: ERRORS AND OMISSIONS POLICY [juliagolia] by cccompson
Aug 01, 2008 (1:56 pm)
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Replying to: juliagolia (Aug 01, 2008 12:26 pm)

No (with one possible exception noted below), the thing that matters here is what the declaration of coverage from Progressive says. It was your responsibility to read it when you received it.
 
Now, if you just (within the past few days) switched and have yet to receive anything from Progressive, well, that's another matter.
 
Who's to say whether the Progressive agent was "irresponsible[?]" It may have been a clerical error somewhere along the line - again pointing out the critical need for the insured to double-check things.

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