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Smart Shopper Questions About Auto Insurance & Accidents
4408 messages, Last post on Nov 28, 2009 at 8:44 PM
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Replying to: houdini1 (Aug 23, 2008 10:46 am)
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FWIW, anytime you use your collision to pay for damages that is not your fault, it is common custom for your insurance to recover the full amount from the liability carrier...then, since they paid out $15,000.00 but your damages were $15,500.00, and they did recover the $15,500.00 they will routinely write you a check for your deductible...while it is always OK to remind them of anything you want, the refund of the deductible is SOP...
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Replying to: mikefm58 (Aug 23, 2008 1:10 pm) This is good info for Chuckie to have. |
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Replying to: marsha7 (Aug 23, 2008 1:33 pm) Sure it's common practice, and being in the insurance biz I am sure that you are aware that at times mistakes are made. It never hurts to be prepared and to look out after your own interests when negotiating a claim. |
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| Absolutely correct...mistakes can be made and reminding the adjuster is never a bad idea... | |
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Replying to: Mr_Shiftright (Aug 23, 2008 7:22 am) The adjuster "warned" me not to use KBB. That their numbers where always too high, and was based on "asking" prices from dealers not actual deals. KBB value was just over $28K -- a thousand more than their best offer... |
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Replying to: houdini1 (Aug 23, 2008 10:46 am) So how do a go about that? I'm in a sales tax free state. But we do have to pay a 3.75% car tax. Which on $27K is close to $1K? do I just ask for that?
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Replying to: chuckie68 (Aug 23, 2008 4:16 am) You are not getting the facts here. In a first party claim where your own insurance company is paying you have the right to collect for any and all losses not specifically excluded from your auto insurance policy in writing. Before the accident you had a full warranty on your car that could be honored at Chrysler dealerships regardless of where you reside or travel from one coast to the other. You paid this warranty coverage as a part of the sticker price when you bought your car. If you can't collect for the loss of warranty then you have lost the benefit of the bargain you held before the loss. To resolve this I would encourage you to put the burden on the insurance company (in writing) to find you a like kind vehicle that has a full warranty. By doing this you are showing cooperation and basically saying, "I can't find a suitable substitute equal in every way to the car I had, so how about you all trying your luck?" Knowing that they can't find a car with a warranty either, they will have to pay you the value of the warranty. If they don't pay you they haven't fulfilled their end of the insurance contract to indemnify you of all your losses (excepting those that are excluded in your policy language). Their failure to hold up their end of the contract could leave them open to a bad faith lawsuit. I have never seen a policy exclusion for warranty and this loss is paid routinely in diminished value cases I am involved in. Hope that helps. David Williams www.SafeCollisionRepairs.com www.ConsumersGuideToAutoRepair.com
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Replying to: chuckie68 (Aug 23, 2008 6:09 pm) Also dvexpert raises some very good points about the warranty. I would listen to his advice. |
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Replying to: dvexpert (Aug 23, 2008 6:16 pm) By the way, the rep from NCDOI said that the insurance companies are tightening their belts, so guess who pays??
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