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Old 05-19-2013, 07:21 PM   #361
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Something to keep in mind is that most auto insurance policies are written to give you the value of the car at the time it is totaled. A car loses a large chunk of its value the minute it is titled and driven off of the lot. So what the insurance company is required to give you is the value of your car considering it is now "used" at X months old and with X miles on it. This is generally going to be at least $3-5K off what you paid for it when you bought it. They aren't required to give you the value that you paid for the car when it was new, or give you enough money to buy the same car new again.

There is at least one insurance company that advertises a policy where they will give you the money to buy the same car new again if yours is totaled in the first year. However, when I checked it out it had a much higher premium and I doubt that most people would purchase it.

The only way to know for sure what OP can expect is for her or her husband to check their specific policy. An insurance company isn't going to give you more than they are required according to the policy out of the goodness of their heart, because they feel badly that a pregnant client's fairly new SUV got hit in a parking lot by a doctor who makes more money than her and doesn't seem to feel bad about what she did.
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Old 05-19-2013, 07:41 PM   #362
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FYI please stop using tge phrase "made whole". That's a phrase for the measure of damages in a law suit.
Thanks!
So, just to emphasize and clarify, even though this is a case of a hit and run, this would still not have any effect on how much the insurance company(s) decide the claim is worth... right?

I really do feel for the OP here!!!!
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Old 05-20-2013, 01:46 PM   #363
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Still do not have my car back! The frame was bent under the back passenger tire and the insurance wants to repair the frame. There are only certain places that can repair a frame so it has to be looked at elsewhere. My husband wants a new car he said it will never be right so they have been fighting it out. The doctor has not been at work. I don't know the real reason, but rumor has it she has to take a drug test and may be in rehab. I have no idea if that is true, I am too afraid to talk about it at work so I only know what I have overheard.
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Old 05-20-2013, 04:42 PM   #364
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Originally Posted by Lorelei Lee View Post
JD awarded 1984. Admitted to the bar 1985. 10 years of litigation experience in various insurance defense/subrogation law firms. Balance of my work experience at various insurance companies. Just a little bit of experience.

FYI please stop using tge phrase "made whole". That's a phrase for the measure of damages in a law suit. Since the OP is pursuing a claim under her own policy, she is only entitled to the amount her insurance company contractually agreed to pay. She needs to read her auto policy. She also needs to be clear with them that she expects them to protect her uninsured damages (her deductible) in the subrogation suit.

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FTR, I had an insurance agent use that exact term when someone hit me. There was no law suit. "Made whole" is exactly what he said when describing the other insurance company's responsibility to me. He wasn't the only agent I have heard use that term either. I don't think lawyers are the only ones to lay claim to that term.
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Old 05-20-2013, 05:11 PM   #365
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FTR, I had an insurance agent use that exact term when someone hit me. There was no law suit. "Made whole" is exactly what he said when describing the other insurance company's responsibility to me. He wasn't the only agent I have heard use that term either. I don't think lawyers are the only ones to lay claim to that term.
"Made whole" in the insurance world means an insurer can't pursue its subrogation rights until all of its obligations to its policyholder are fulfilled.

You, the policyholder, are "made whole" when you receive all of the benefits under the policy. But sometimes not all of your damages are insured under the policy, that's why I'm objecting to the use of the term "made whole" in this context.
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Old 05-20-2013, 05:17 PM   #366
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FTR, I had an insurance agent use that exact term when someone hit me. There was no law suit. "Made whole" is exactly what he said when describing the other insurance company's responsibility to me. He wasn't the only agent I have heard use that term either. I don't think lawyers are the only ones to lay claim to that term.
I do not think Lorelai Lee is suggesting that the term is proprietary. Rather, the term "made whole" implies that one is put exactly in the position they were prior to the incident. In property damage cases the only recovery is value of the property and loss of use (at least in the states I am familiar with.) That is, the OP cannot recover for her time spent handling this, emotional distress and other things often cited in a personal injury case. The nature of the incident (hit and run) is not relevant.
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Old 05-20-2013, 05:23 PM   #367
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I do not think Lorelai Lee is suggesting that the term is proprietary. Rather, the term "made whole" implies that one is put exactly in the position they were prior to the incident. In property damage cases the only recovery is value of the property and loss of use (at least in the states I am familiar with.) That is, the OP cannot recover for her time spent handling this, emotional distress and other things often cited in a personal injury case. The nature of the incident (hit and run) is not relevant.
Exactly. The term has been misused throughout this thread.
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Old 05-21-2013, 12:01 AM   #368
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Maybe it's a legal term but I think we all understand what she means and doesn't need to be chastized for misuse of a term. OP, I hope you are made whole and come out of this horrible situation happy.
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Old 05-21-2013, 08:02 AM   #369
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Maybe it's a legal term but I think we all understand what she means and doesn't need to be chastized for misuse of a term. OP, I hope you are made whole and come out of this horrible situation happy.
That's exactly what I meant. It's a pretty common term. Thanks.

OP, I'm sorry for what you are going through. It's been one thing after the other! I hope you and your DH can resolve this to your satisfaction and quickly.

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Last edited by OceanAnnie; 05-21-2013 at 08:46 AM.
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Old 05-21-2013, 08:43 AM   #370
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Maybe it's a legal term but I think we all understand what she means and doesn't need to be chastized for misuse of a term. OP, I hope you are made whole and come out of this horrible situation happy.


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Old 05-21-2013, 12:49 PM   #371
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Maybe it's a legal term but I think we all understand what she means and doesn't need to be chastized for misuse of a term. OP, I hope you are made whole and come out of this horrible situation happy.
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Old 05-21-2013, 12:53 PM   #372
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Maybe it's a legal term but I think we all understand what she means and doesn't need to be chastized for misuse of a term. OP, I hope you are made whole and come out of this horrible situation happy.
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Old 05-21-2013, 01:53 PM   #373
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Old 06-10-2013, 10:18 PM   #374
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Was there ever any update on this thread?
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Old 06-10-2013, 10:56 PM   #375
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Was there ever any update on this thread?
I think she's otherwise occupied... She posted on another thread that the baby was born last week. Hopefully the car has long since been fixed and HR is able to deal with the doctor one way or another long before she returns from her maternity leave.
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