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Furious - need some clarity

Discussion in 'Community Board' started by FlyingDumbo, May 9, 2013.

  1. dansamy

    dansamy DIS Veteran

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    I would throw a fit to have a NEW frame. She wrecked yours. It's a safety issue. You bought a new vehicle for your growing family. It didn't have a bent, repaired frame. It had a solid, new one.
     
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  3. FlyingDumbo

    FlyingDumbo DIS Veteran

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    Just the thought of getting a new car right now is so overwhelming! I think we will get the same that we had which was a Ford Escape. But the new ones look different. I just wish I parked somewhere else that day! "Ain't nobody got time for this!"
     
  4. tvguy

    tvguy Question anything the facts don't support.

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    This was discussed. State laws vary. In some states your only recourse would be a civil suit, because the vehicle code only applies on the public road, not private property.
     
  5. tvguy

    tvguy Question anything the facts don't support.

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    I was wondering what kind of SUV you had since few have frames anymore. An Escape does not have a frame, it's a unibody. So you don't have frame damage, it's damage to the unibody. Not sure that's any better, or any worse. They have a rack that they put them on to pull them back to where they are supposed to be. We have an Escape at work that got rear ended, it's been in the body shop for 3 months now. We were amazed that the insurance company was willing to fix it. It's a 2008 Hybrid with 100,000+ miles on it. The impact caused the roof over all the doors to bow out. Estimate came in at $6,500. Part of the delay was the person who hit it was driving a car owned by a local government. I think our insurance is stepping in to pay the bill because settling an accident claim with a government agency can take 6 months to a year. Also, they keep sending the wrong parts.
     
  6. BeachGirlFLA

    BeachGirlFLA DIS Veteran

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    Here's what we found out after being in two accidents (neither one our fault...in one traffic was stopped, an 18 wheeler was behind us, traffic started to move again, we were getting ready to start moving and the 18 wheeler driver FORGOT we were there and in the other a woman in a parking lot backed into our car) is that even though we didn't have to pay the deductible, our insurance rates went up because of these two. If nothing else, I would take her to court for that reason (although that may not happen in your case, since no one was in the car when the accident happened.)
     
  7. FlyingDumbo

    FlyingDumbo DIS Veteran

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    Yikes!

    My personal mechanic (who has not seen the damage) said that if they try to fix a broken frame it will never drive right again and be nothing but problems. I have never heard the term unibody, but maybe they were dumbing it down for us since we are not car people.
     
  8. scrapquitler

    scrapquitler DIS Veteran

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    I agree with this. Even IF the insurance company decides that the car is totaled, they are going to give you the current value of the car, which is NOT the same as the price you paid for it (unless you have the special insurance rider). So even if you paid $30,000 for it, once it's off the lot and has a few hundred or a few thousand miles on it, the value might only be $25000, whichi is what they will give you, so if you want to go buy a new one, you're goign to have to fork out some cash to make up the difference.
     
  9. WDSearcher

    WDSearcher DIS Veteran

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    I'm sorry. I didn't mean to make you angry (which, clearly, I did). I thought it was a valid question in this day and age of social media. Someone could see you at work and say, "Hey -- I read this on a message board -- is this you?" And then suddenly someone at work knows the stuff you weren't supposed to tell people at work, and that might cause a problem.

    I admit to being a little paranoid when it comes to social media; who's reading what and how far something can spread beyond the place it was posted. But honestly, I was only asking if posting the outcome here was against any sort of policy that might come and bite you later. That's all. Sorry.

    :earsboy:
     
  10. FlyingDumbo

    FlyingDumbo DIS Veteran

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    Oh no, I am not mad at you. I am mad at HER. She really has caused a lot of inconvenience for me. My anger is not directed at you, sorry if I made you feel that way. Sure it is just a car, but it was my car. It was my car with my car seat (which also had to be replaced) and at a really bad time for us. Driving a rental and dealing with all the insurance and the drama that followed was a tad stressful. I really think its unfair that I have to be quiet about the truth at work. I get why they are doing it, to CYA their own liability. But this doctor should have her reputation ruined if that is a consequence for committing a hit and run in the workplace. She did it, not me. Now I have to be all hush hush at work because god forbid someone know what she actually did. I just know if it were the other way around and I did this to her car I would have been fired already. Life just is not fair. But well, worse things could happen so in the grand scheme of things it could have been a lot worse. It just makes me bitter! Haha. My husband really is the one dealing with all the hassle and I feel bad about it. But there is no way I could deal with all the 800 numbers and phone trees in a reasonable manner right now. Patience is not my thing these days. I am hoping after the baby comes I will be back to myself.
     
  11. Wishing on a star

    Wishing on a star DIS Veteran

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    OP, if your insurance is going after this woman's insurance to cover this, then you can bet that their legal representatives are already involved.

    You and your husband need to let your insurance know that, since this was a new vehicle, since there is major damage that involves the frame, you want a new one... Let then know, in the language that you are picking up here, that this is what you feel is necessary to be 'made whole'.

    It is up to your insurance to go to bat here.

    If you are not confident that they are doing this, then this might be the time to consult with a law firm that has a reputation for this kind of thing.

    Again, you should NOT have any reason to deal with this woman, or sue her, or anything else. When all is said and done, thru the insurance companies, I can pretty much guarantee you that you will have no luck, no recourse in a personal civil suit. Her liability is covered by her current insurance... There was no injury... No disability...

    Again, from your experience with this woman, and the fact that she has not been at work... You do NOT want to be having to mess with dealing with her.

    OP, FOCUS on getting the insurance adjustment that you need (new vehicle).
    And, with this woman and everything else.. LET IT GO... :cool1:

    Seriously, you have a baby on the way, this woman is out of the picture, your husband is there to deal with the insurance...

    This is for your own sanity and well being...
    Just let it go!!!!

    PS: I think that at this point, it is not really necessary to continue to post details here on a public forum.
    If anyone, anywhere, were to catch on... it is not going to look good for you... There is no further benefit for you, now that you have gotten to this point.
     
  12. Lorelei Lee

    Lorelei Lee DIS Veteran

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    No, not necessarily. Go read your policy, it's an eye-opener.

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  13. Lorelei Lee

    Lorelei Lee DIS Veteran

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    Good idea.

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  14. Lorelei Lee

    Lorelei Lee DIS Veteran

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    You do not need the hassle you would get if you shared her personal information here, or elsewhere.

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  15. Lorelei Lee

    Lorelei Lee DIS Veteran

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    Go back and read the thread.

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  16. Wishing on a star

    Wishing on a star DIS Veteran

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    True about insurance companies and policies....

    What is open to interpretation is whether this serious damage, including a bent frame/unibody can be called 'totaled'.

    I do hope it all works out!
    The OP seems to stress easily right now, and I am not so sure that telling her that her vehicle can not be repaired adequately is a good thing. Especially since we don't know that much about it, and have not even seen the damage.

    OP, Your insurance company may or may not go to bat for you here.
    They might possibly just be all in with the other insurance company to minimize any costs. (blue code... cohorts...)

    Where is your vehicle now?
    Who is ascertaining the damage and how it should be repaired?
     
  17. Lorelei Lee

    Lorelei Lee DIS Veteran

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    She can't sue if she accepts her insurer's payment then her insurer is subrogated to her rights and she can't interfere with her insurer's claim against the other party. When I litigated subro claims we often asked the insured to give a formal assignment of rights as well.

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  18. horseshowmom

    horseshowmom DIS Veteran

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    I would feel the same way personally. She committed a crime - hit and run. The fact that she hasn't been there does lead me to believe that she is having more issues from this than you may know about.
     
  19. Lorelei Lee

    Lorelei Lee DIS Veteran

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    The only options here are to deal with her insurer. If she doesn't accept their offer, the policy probably has a clause which sends all disputes to binding arbitration.

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  20. Wishing on a star

    Wishing on a star DIS Veteran

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    Sounds like we do have a voice of information and experience here!
     
  21. Lorelei Lee

    Lorelei Lee DIS Veteran

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    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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