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Smart Shopper Questions About Auto Insurance & Accidents
4409 messages, Last post on Nov 29, 2009 at 5:58 AM
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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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Replying to: dvexpert (Aug 23, 2008 6:16 pm)
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Replying to: cccompson (Aug 24, 2008 5:46 am) David Williams www.SafeCollisionRepairs.com www.ConsumersGuideToAutoRepair.com
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Replying to: bobsexton (Aug 23, 2008 7:26 pm) The at-fault party's insurance company is there to protect the negligent party from THEIR losses. It is not their job to protect you from your losses. You have no contract with the at-fault party’s insurer. To demand something from them will get you nowhere. The at-fault party’s insurance company will stall, lie, cheat etc - whatever it takes to make you go away and so it can protect its own policyholder from suffering losses. While the at-fault party’s insurer has every obligation to deal fairly with their policyholder – the one they have accepted money from to protect - they have no obligation to you whatsoever. Don’t let that frustrate or discourage you. Even if the negligent party has no insurance they are still obligated to provide restitution to you for the damage they caused. As for the DOI, its job is to protect the financial health and stability of the insurance industry - to see to it that funds are available to cover losses when they are owed. They are ineffective in policing the insurance industry because one can't levy fines and penalties against an entity it is sworn to protect the financial health and stability of. A tort or a wrong has been committed against you. Lawyer and courts are the most effective means of settling these disputes. But again, you will have to sue the party that caused the damage, NOT his or her insurance company. David Williams www.SafeCollisionRepairs.com www.ConsumersGuideToAutoRepair.com |
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Replying to: dvexpert (Aug 24, 2008 8:41 am)
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Replying to: cccompson (Aug 24, 2008 3:36 pm)
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| KBB, NADA, and others are all approximate pricing, and that really depends on local markets...we are simply lucky that our used vehicles have any value at all, because if it was used jewelry, stereos, computers, or furniture, they are rarely worth more than 10-25 cents on the dollar 6 months after you buy them... | |
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