Last post on Sep 20, 2013 at 8:25 AM
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#5297 of 5338 Self Insurance
Apr 05, 2013 (10:07 am)
Interestingly, if you self-insure in CA you are required to post a $50K bond to fund the self-insurance. That's more than the legal minimums an insurance company gets away with!
Cities are allowed to self insure for $0.00. I know because a La Mesa PD officer rear ended my back bumper and caused $667 in damages with his Harley PD bike.
I told my insurance company to shove it and cover it under "uninsured" since the City didn't have insurance. They told me to pound sand and wait until the city handles the claim.
Actually, to be honest, Mercury was very nice, and covered my deductible (they didn't have to, which is the reason I wanted to invoke the uninsured insurance because then I wouldn't have to pay the deductible while waiting to get reimbursed by the city). They also paid me for the repairs and let me tell the city to reimburse them instead of making me wait for my money.
Apr 05, 2013 (3:26 pm)
Cities can have what is called "sovereign immunity", which means that they are immune from any lawsuits UNLESS THEY ALLOW THEMSELVES TO BE LIABLE...
About 8 years ago I had a situation where a city vehicle collided with my client, causing severe vehicle damage and moderate injuries...it was than that I found out that the City of Atlanta, which had sovereign immunity, did allow themselves to be liable for the damages and injuries, TO THE AMOUNT OF $1,000.00 AND NO MORE...
Hard to believe, but if they had totalled the car and had hospitalized 4 occupants, each, say, with $15,000 worth of hospital bills, the total amount that the city would pay is $1,000.00 per incident...not $1,000.00 per person, $1,000.00 for the entire vehicle and personal injuries...
OTOH, the City of Augusta, GA had an insurance policy of $250K/$500K liability limits...it is up to each municipality to decide what they want their liability to be...
I do not know if Atlanta still has the $1,000.00 limit, but if that isn't an argument for high limits on YOUR Uninsured Motorists, I don't know what is...
#5299 of 5338 Re: andres3 [marsha7]
Apr 10, 2013 (10:56 am)
But my insurance company said the City was not uninsured, that they were self-insured. So it wouldn't matter if you had 1,000 or 1,000,000 dollars worth of uninsured coverage with the city being liable, the insurance company would simply say coverage doesn't apply.
#5300 of 5338 cash option?
May 03, 2013 (5:49 am)
Yesterday while driving up I-65 north, a punk threw an aluminium can out of a school bus
window. It bounced up and hit the front of my 2012 Honda Civic lease. Can left a small scratch. Body shop says $560 to repair properly, but doesn't think Honda leasing would say anything about it. I called the Jefferson County School system and reported bus number, time and place of incident.They say they will check their security cameras, and I am to call back Monday.
I would like to just take the money as compensation, instead of having the bumper pulled off and repainted. Am I allowed to do this? Kentucky.
#5301 of 5338 Re: cash option? [jipster]
May 03, 2013 (8:27 am)
jip, if "proof" shows up on the security camera, you might have a shot. Just try to make some sort of private settlement with the school district/kid without involving the insurance carriers.
Hopefully they will just consider it a nuisance (the claim, not you ) and settle.
#5302 of 5338 Re: cash option? [houdini1]
by Stever@Edmunds HOST
May 03, 2013 (7:47 am)
It varies a lot, but chances are the school district is self-insured.
Of course, the buses may be run by some contracted outfit.
Better go find the can in the ditch so you can get the prints and DNA off it, Jip.
#5303 of 5338 Re: cash option? [jipster]
May 03, 2013 (8:47 am)
That's why the claim draft is payable to the claimant AND the repairer. Doesn't your lease agreement say something about receiving $ that is really designated to go to the owner of the car?
#5304 of 5338 Re: cash option? [euphonium]
May 03, 2013 (9:35 am)
Thanks for the comments everyone.
The lease agreement says I should report Amy damages to them. But as a conservative libertarian, I think it's none of their business.
Will let you know Monday how it turns out. Not really that NOTICEABLE, but if Honda is really picky with lease turn ins, I may have to pay.
#5305 of 5338 Re: cash option? [euphonium]
May 03, 2013 (10:29 am)
If the school system pays the $560 or even offers a smaller amount to settle, I doubt they will bother making the check payable to the claimant AND the body shop. Chances are very good that either they are self-insured, or they will choose to pay this claim out of their funds and not involve their insurer(s). It would be in their best interest to pay it out of petty cash or as a miscellaneous expense than to file an insurance claim for such a small amount. Commercial carriers hate small claims and a $1000 claim might cause you more trouble and higher premiums in the future, or even non-renewal, and a $50,000 claim could get approved and paid in a few days!
As for the lease holder not repairing the car with the money. The way I look at it, if he/she hangs onto the money and doesn't repair the damage, the lease-end inspection when the car is turned in will be the day of reckoning. If they decide that it constitutes "Excess Wear & Tear" then he'll be required to pay and it could be more or less than the amount he receives from the school system. If not, he would have wasted the money on the repair if he had it done, but instead he made $560!
If the rest of the car is in excellent condition, inside and out, they will be more likely to allow a single slightly 'excess' wear issue.
Is there any chance that a professional detailer could wax/buff/polish any of it out or make it less noticeable? What about touch-up paint, would it do any good?
I should be ashamed to admit this, but I had to my new Mazda CX-9 in three times before they correctly repaired a minor flaw that I noticed during the delivery inspection the night I bought it! It has a rubber gasket that surrounds the entire headlight unit to secure keep it from making contact with surrounding body panels. There was a kink in the rubber on the driver's side headlight and it was protruding slightly beyond the edge of the headlight.
They told me there was no way to replace the gasket because it is actually part of the headlight assembly. They would need to replace the entire assembly which would require a District Service Manager approval. One headlight assembly costs over $900 for my car, thanks to the Xenon headlights, kinda scary! So I picked up my car about six hours later, it was dark and I glanced and it looked okay, so I took it home.
A few days later, I realized that they had simply removed the headlight assembly, removed the part of the rubber gasket that was damaged and reinstalled it. So there was now a tiny gap about two inches long in the seam that should be filled with rubber! I called and told them I would be bringing it back a few days later, when it was convenient for me, they WOULD install a totally new headlight assembly and I would expect them to have a loaner vehicle waiting for me because they had already wasted too much of my time!
They did just as I instructed, I think they were afraid not to because I had been so nice up to that point and I finally snapped! When I get to that point, I'm not very nice and I lose the ability to censor my thoughts before they come out of my mouth! =)
They loaned me a base model Mazda3 that had 2000 miles on it, so I assume it was a regular loaner car and not from their inventory. It wasn't very clean inside and had been smoked in (yuck!) but I drove it anyway. I had several appointments with customers that day, so I was in and out the car at least 10 times. I noticed that it was scuffed on the the front right corner where someone either hit it or someone driving it hit another car in a parking lot. The driver's side door was horribly scratched, especially within an 8-10 inch diameter of the door handle. I was surprised at how much abuse the car had apparently suffered. I eventually discovered that it didn't have Keyless Entry, no wonder the driver's door looked like it had been keyed...it HAD been, by each person who drove it and hadn't used a key to unlock the door in years!
I headed back to pick up my CX-9 for the second time in one week and it was already dark when I left my office. The dealership was located 30+ minutes away via a 2-lane highway in the opposite direction of my house. So I would be driving for the next two hours on two-lane roads and it was all because of the jerks in the service department! There's an old bridge along the way where the road narrows slightly and, even though I've gone over it countless times in my life, I still get nervous because you only have about 2-inches of space from the side of the bridge if you want to keep your car on your side of the yellow line! I'm always afraid I'll scrape a wheel on that concrete railing base on the bridge.
I was a few car lengths behind a minivan as I approached the bridge. Just as the minivan was about half way across, it ran over a piece of sheet metal in the road that was at least 4'x4' and it sailed just over my hood and down the side of the car before making contact about 3-4 inches ahead of the back wheel! It sheered off paint down to bare metal on an area of the door about the size of a half-dollar, and a another place on the small area between the door and wheel well the size of a a quarter. It also left some scrapes below those areas that weren't nearly as deep. It also took the mudguard off the left rear but didn't damage the bumper.
I consider myself a very honest person an my conscience bothers me about the slightest things until I correct the situation to the best of my ability. The few times that I have accidentally opened my car door into another car, if it caused the slightest ding, I left my info for the owner and told them I'd pay for paintless dent removal. If it caused a nick in the paint but no dent, I left a $20 to buy touch-up paint along with a note to explain what I did and what the money was for, but I also left my name and number if they didn't feel that was sufficient. The only call I've ever received was a thank you and the guy trying to give me my $20 back!
But after I inspected the damage that evening, I bolted to the nearest store to buy some kind of wax and something to buff with. The car was Black, so I grabbed the only thing they had that was black- a Sharpie Marker! A lot of the scratching came out with the was and some serious buffing. The Sharpie wouldn't stick because it was down to the metal, there was nothing for the ink to adhere to! Then I remembered that I had a bottle of Black Heavy-Duty Shoe Polish & Scratch Cover in my briefcase! It worked quite well as primer, then two coats of Sharpie Black for the final coats....and back the loaner into a corner spot away from the building and close enough to right curb that no one can even walk beside it,.....grab keys to my CX-9 and head home. It never happened....
I suppose my payback was that one of the Xenon bulbs in the new headlight assembly didn't work and I had to take it back again, but they changed the bulb in 10 minut
#5306 of 5338 Re: cash option? [jipster]
May 06, 2013 (1:16 pm)
They got the fool that threw the aluminum can out the bus window on video. Knowing the public school system it was probably a beer can. Will know more tomorrow.