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Discussion Starter · #1 ·
Got up this morning and made the trip to the ins. co. and we were suprised the fella who hit Melanie actually called last night and got the ball rolling. He called last night and told them the situation and they assigned him a claim number. Well this morning at our agents office they call his ins. and they gave us the claim number and patched us to the adjuster. This very very rude guy puts my wife through h*ll and then tells her the guy was not insured with them anymore. His poicy was cancelled on the 5th of July. How convienent for them. Now we're trying to figure why this guy called them last night and reported it and was asigned a claim number if he wasnt covered? Sounds to us like the Ins. Co. is trying to do a little sidestepping. So, our agent has taken over and they are gonna start getting it fixed and then fight with the other company for the money. Whats bad for us is all the deductibles and stuff are coming out of our pocket until this is resolved. Also we found out this morning we didnt have rental so that is coming out of my pocket until this is resolved as well.

The vehicle is now being shipped from Pasadena to Baytown where we have to meet with them upon arrival and we will go over the damages and a decision will be made on total loss or repairable. Unfortunately for us the vehicle is so new and expensive that we have got a big number to reach before its a total loss. We'll just have to see but this whole thing really really sucks. Why does dealing with these people have to be such a hassle. I know they are trying to make money but it was not our fault and we are being punished because of greed.

I even talked to the guy who hit her today and he was suprised as us when I told him that his ins. had been cancelled. He was unaware and suprised, escpecially since he talked to them last night and never said that and assigned a claim number. More to come....

Zac
 

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If the other driver is uninsured, ask your insurance adjuster to cover your loss under your uninsured motorist coverage. The deductible is $250 and you are afforded rental coverage. Your company will still attempt to subrogate the other carrier on your behalf, but don't get your hopes up. If the other carrier says the policy cancelled before the date of the accident, then the odds that the other driver will have insurance are slim and none.

Also, remember that vehicles are no longer total losses based on structural damage. They are only total losses based on cost of repair vs. vehicle value. Insurance companies typically start considering a vehicle total when the damages get to about 80% of the value of the vehicle.

If you have any other questions, post them up and I will help if I can. I am an insurance adjuster here in San Antonio.
 

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Grand Master of Thread Kill
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i feel for ya man

them people make it difficult in hopes that you'll give up and settle for less than your entitled to. stick to your guns and make em pay up. as you can see i've got lotsa personal issues with insurance companies.
 

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Discussion Starter · #4 ·
Thanks for the info

Actually I mispoke earlier. We didnt have rental or uninsured, it was added today but doesnt help us on this. Our adjuster told us the total loss was 65% and Im not sure its gonna go there due to the value of the vehicle.

Our adjuster also told me that we should still win because there is a ten day grace period when insurance is cancelled. Is this true? He said it was and we should be ok there. I dont know the ins and outs of all this. I just want it taken care of and get back going again. I dont like driving a rental around in the first place!:smile:

Zac
 

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I know I went thru a bunch of crud with mine. The lady who hit me had the same company as me and they still dragged their feet...
 

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What year is the vehicle that was hit? Is their a lienholder on this vehicle? Typically, newer model vehicles with liens on them are required to have UM/UIM (uninsured motorist) coverage on them. If you have UM, then you are automatically afforded a rental and the $250 deductible. I assumed it was a newer vehicle with a lienholder based on the higher value of the vehicle.

As for the grace period, it really depends on why the other person was cancelled. There are grace periods when you buy a new vehicle and change the insurance from the older vehicle to the newer vehicle (30 days). If the other person was cancelled for non-payment of premiums, there may be a grace period given by the other carrier but you never know. It may be that the other driver was given a grace period already and then cancelled. It's just hard to tell without knowing why the other drivers policy cancelled.
 

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Discussion Starter · #8 · (Edited)
More info

It is a new vehicle, 2004 Toyota Sequoia Limited, we bought the last day of February. We were told by our agent(State Farm) that we did not have it so I guess it wasnt required and we didnt ask for it. I guess I was duped by thinking full coverage was FULL coverage. Just another way for the greedy insurance companies making more money. We are assuming the vehicle's value is somewhere between 40-45k because it is so new but who knows. 65% of that is still a lot of cash so Im not too sure if they will make it a loss. Ill find out more this afternoon when we meet, go over the vehicle, and get a number. I honestly hope its a loss because it will never be the same again.

Zac
 

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Zac, not sure what it it is called, but make sure they include a figure for the loss of resale avlue your vehicle will have in the future. Your car will never be worth near as much as one that is otherwise identical, and they should have to pay you for that.
 

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Do it. Do it now!
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My advice. Get a lawyer

My wife got rear ended at a red light earlier this year by a 16 year old. We have never had a claim in 20 years. They would not even admit blame. Also, I hope you got the cops to give someone a ticket otherwise there is no fault. All we got was the complete run around. My advice is get a lawyer and quit talking with their insurance company.
 

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Worldangler
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Pirate is right...

Get a lawyer IMMEDIATELY and start action against the other driver. This may sound extreme, but it's not really. Once the lawyer starts the ball rolling in your favorite, everyone else will jump over themselves to comply QUICKLY. Plus, if the other driver is not insured for any reason (cancellation, etc.) you will need a lawyer to get fully compensated. Don't wait until you've exhausted avenues and start kicking yourself saying "I wish a got a lawyer sooner".. Been there, done that....trust me, get a lawyer NOW.
 

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Make sure you mention...

fthe pain your wife is suffering from the severe blow she suffered. Use the word "pain" a lot in your conversations. Might even mention that it seems to be getting worse rather than better each morning.

Was the other driver driving a commercial vehicle? Was he/she self employed? On company business?

Loss of value due to the accident is REAL! There are court cases on this especially on luxury vehicles. Do a little research or as suggested, consult a lawyer.

I think most policies say the ins. co. can repair or replace. If true, insist on a replacement of like vehicle, i.e. same mileage, same equipment, same color, etc in lieu of repair. Obviously, a replacment that was never in an accident! My uncle had this happen to him and the other driver's ins. co. tried to cheap out on repairs, finally he just said "replace it-tit for tat" or I won't settle. and, they did! They could buy another one cheaper than making the repairs.

Aren't these things fun! NOT!
 

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You need to really read your coverage. My wife is an attorney and she got a new car totaled a few years ago and the other driver didn't have insurance. Her insurance told her that since she didn't have the uninsured motorist coverage, that she would have to go through the same thing that you are. Well, most insurance policies have a clause built in that states if an accident is 100% NOT your fault, then your insurance has to pay everything and then the insurance company has to sue the other person to try and get their money back. They were very upset when she pointed this out. They told her that they would drop her when this was over. She pointed out that they could not drop her if the accident was 100% not her fault also. This was all written in the policy. They know about this, but will not let you know. She dropped them when it was all over, but it played out just like that. They paid the car off, paid for a rental, and then they were out of our life. It didn't even cost her a deductible. Uninsured motorist is one of the biggest rip offs in insurance. It might be worth it to contact a lawyer. You know, every one hates them until they can help them personally.
 

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Discussion Starter · #14 ·
Well we're back

Just got back from going over the vehicle with the repair company and it doesnt look as bad as it did yesterday on the side of the highway steaming and losing oil all over the place. Although the damage is very extensive it appears they can fix it. Wont know an estimate till probably Monday.

The driver who hit my wife was cited and found to be at fault so there is no problem there. Also my insurance company is doing exactly what Jeff S said. They are taking care of it all and then they are gonna go after the other company or uninsured motorist, whichever ends up being the case. We will also be reimbursed for the rental when its said in done.

Hopefully all will be taken care of, we are waiting for a return call from the other guys insurance company. They are on the hook for this either way its just a matter of them getting off thier cans and getting it done. Its just frustrating and a very big inconvenience to us. Thanks for the tip about the loss of resale. Im gonna look into that for sure becasue if they do end up fixing it I dont see us keeping it. Ive got some pics of the car but will wait to post until all this mess is final. Im not sure who is looking and I dont want to shoot myself in the foot due to ignorance on my part.

Zac
 

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Pirates Run, Zac...everyone...just got through the same deal. I was rear ended while towing my boat in April. The others drivers insurance company, State Farm, took 17 days just to assign fault. That was with a police report stating it was blatently his fault. My advice would be to 1) get in to see a Dr. immediately if there is even the most minor possible injury. 2) Get an attorney if you get the least little bit of run around. Do #1 first. My best friend is a lawyer and handled my problems for free. The problem with threatening to sue in a non-injury case is that you can only get actual damages. If a lawyer is involved then he gets 1/3 of your actual damages. In an injury case that is obviously not the case. I was treated like **** until they learned I been to the Dr. twice. It was still unbelievable how bad I got the run around even at that point. A helpful call from your lawyer can help if you have one that is a buddy or works cheap. I hate to sound wussy, but the whole ordeal was one of the worst experiences of my life. On three different occasions I thought we were going to have to sue. I have never sued anyone and have some real problems with frivoulous suits. What is sad is that they force you to that level. They wanted me to assume some joint liability for a freaking rear end accident! I told them the only responsibility I had for that wreck was getting out of bed that morning and getting into my truck! Sorry, not trying to steal your thread...please take a close look at my advice. Many others have been down this road and it sucks. I hope everything goes well for you...good luck.
 

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Well, there's good and bad about them not totalling the vehicle. Though it'll not be worth what it would've without the accident, if they total it, you will probably be out $10k or more out of pocket. All your insurance will give you for your vehicle is fair market value if it's totalled. With yours being so new, FMV is probably $10k less than you owe unless you put down a chunk of change or have the optional GAP insurance!
 

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Make sure you keep every reciept and all records.

I mean every reciept even if it's for asprin for Mel's injuries. I agree you should at least get some proffesional legal advice also. Exspecially if they start dragging there feet, it took me over a year to get the last accident settled.

I got rear ended about 10 years ago and as luck would have it so did my wife on the same day. To make matters worse we where in yet another rear ending that weekend while riding with a friend. My wife suffered a concusion in the second and ended up in the hospital. All insurance companies where being Ok and helping out (USAA was one and cut me a check for my accident real quick) untill it came time to settle. I got feed up with the run around and contacted a lawyer to help. Things where settled in a week and they ended up paying more then they needed to.

Matt
 

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Just a few things...be sure and read over your declarations page on your insurance. I have never heard of a vehicle having full coverage and UM/UIM not being a part of that. Lienholders typically require this coverage on any vehicle they finance.

If you got through the other carrier, then diminished value comes into play. If you go through your own company, you are going to be fighting an uphill battle as it is not part of the policy contract.

I know these things are no fun to deal with, but just keep your wits about you and it will be much less painful.
 

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One more thing

besides getting legal advise, have a repair shop of your choice do the repairs, not some small garage the other insurance company has a deal with that may or may not be around in a few years and demand quality parts, otherwise you might get parts from a junk yard or mexico shipped in. I would also check in with the repair shop every few days, unannounced, to take some photos of the work and progress.
I have been there and done that...and it pulls vaccum!
 
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