Car accident -- fighting w/ insurance

[NYEmomma]

Just wanted to type out a quick response to say thank you SO much to everyone who's given advice... I'm completely inexperienced with accidents/insurance & your advice, suggestions & examples are really invaluable to me at this point.

Whenever I get DD down for her nap I'm going to go over this thread with a fine-tooth comb and get as prepared as possible before I call the insurance adjuster AGAIN since he's yet to return my phone call.

Thanks again!

 

[tinatark]

They're using an appraisal service many companies are using to get values of cars. Unfortunately, just like when you get a home appraisal, you can get lowball car pricing and add/deduct from there, and end up with a lower value.

This happened to us last year, the other insurance offered us quite a bit lower value than the car was worth - we went to our insurer, who used nada retail - got our check quickly, then they subrogated the claim, getting their payment from the other company.

 

[bettymae1121]

Just wanted to type out a quick response to say thank you SO much to everyone who's given advice... I'm completely inexperienced with accidents/insurance & your advice, suggestions & examples are really invaluable to me at this point.

Whenever I get DD down for her nap I'm going to go over this thread with a fine-tooth comb and get as prepared as possible before I call the insurance adjuster AGAIN since he's yet to return my phone call.

Thanks again!

I know I often get flustered when talking on the phone with someone about a huge problem, so you may want to write a list of things you want to go over, questions and follow up questions you'd like to ask etc. and have that list in front of you when you speak to him. That way if you get upset and your mind goes blank, or you panic, or whatever, your list is right there to help you remember the points you want to make and the questions you want to ask.

Don't agree to anything you don't understand or that doesn't "sound right" and make sure you get everything in writing (and make sure you understand what you get in writing, too!). Try to stay calm and remember to keep breathing!

 

[LovableGluttons]

No advice from me OP, just wasnted to wish you luck.

I was the middle car in a rear end pushed into the car in front accident on February 16th. My vehicle is still not repaired, the adjuster just came last Friday.

I have to have shoulder surgery due to the accident. This whole thing has been a ridiculous mess.

I think I pay the insurance premiums I do so the other party is protected in the event I cause an accident.

Wait, but shouldn't the guy who hit me have an insurance company that does that for me too?


Nope, not working that way.

 

[jtopicz1]

I've had car's totaled twice twice (once mine, once a relative's).

Definitely good that you have tried to arm yourself with information before responding to the insurance company.

First of all, until you get a settlement YOU are happy with, don't sign off or agree to anything. In addition, if your or their insurance company wants a recorded statement, NEVER give one. You are not required to, and it is NEVER in your interest. Statements can often be used against you, even in cut and dry cases where you are in the right.

You are entitled to the TRUE REPLACEMENT VALUE of your vehicle. This is defined as the price that you can buy the exact vehicle, in the exact condition at right at this moment. Insurance companies will always try to SCAM you by giving you the NADA Trade-In value. Don't be fooled into taking it. You cannot replace your car for the NADA value.

Best thing for you to do is to get written or printed quote for 2 or 3 cars that are close to identical (or as close to identical as you can find in your area - if none are exact - pick the one closest to your current car in YOUR FAVOR). Autotrader.com is a good place to search. If there are 10 identical cars in the same condition as yours, pick a few with the highest price.

Send a simple letter to the insurance company stating that you are entitled to the True Replacement Value and the only vehicles you could find that adequately replace your vehicle are attached. If they balk, you have two potential path's to take:

1) Mention casually that the stress from dealing with this accident is really causing a lot of pain in your back, head, and neck. Suggest that you may go to the "Doctor your attorney recommended" to get it checked out. Typically, at that point, they want you happy -quick.

or

2) Get an attorney to draft up a letter. Will cost no more than a couple $100 and you will get a settlement quickly.

Do not allow the insurance company to bully you or low ball you. The more suckers they can get to take NADA Trade-IN Value, the more profit for their shareholders. DO not abuse the system, but DO get what you are legally entitled to!

Jim

 

[MELISAZACK]

OP-- if using NADA they should be using the clean vaule number for the price.
wow glad my company doesn't do total loss vaule that way. sorry for your
troubles.

 

[princessnoelly]

Sent you a PM.

 

[dis-happy]

In addition, if your or their insurance company wants a recorded statement, NEVER give one. You are not required to, and it is NEVER in your interest. Statements can often be used against you, even in cut and dry cases where you are in the right.

This is SOOOO interesting to hear. A couple of years ago my dd was rear-ended (clearly not at fault, she was at college stopped for a pedestrian crossing and another student came tearing around the corner, drove 50 ft. and never stopped before rear-ending my dd). Anyway, the insurance company kept wanting to get my dd's "statement", even though a police report had placed fault with the other driver. They were calling here at the house (even though she is away at school) and I kept telling them she was a busy student and didn't have time to give a statement. Guess my mommy instincts were kicking in! In hindsight it might have been a good call that I didin't let her do this.

 

[jtopicz1]

This is SOOOO interesting to hear. A couple of years ago my dd was rear-ended (clearly not at fault, she was at college stopped for a pedestrian crossing and another student came tearing around the corner, drove 50 ft. and never stopped before rear-ending my dd). Anyway, the insurance company kept wanting to get my dd's "statement", even though a police report had placed fault with the other driver. They were calling here at the house (even though she is away at school) and I kept telling them she was a busy student and didn't have time to give a statement. Guess my mommy instincts were kicking in! In hindsight it might have been a good call that I didin't let her do this.

You definitely made the right choice. Your statement IS the police report. That is all they NEED.

Think about it this way. The insurance company is a business, not your friend. Their only goal is to make as much money as possible, while spending as little as possible - like any business. They are not taking your recorded statement so that they can give you more money, they are hoping to find a blemish in your account of the details or any flaw in your story that could be used against you to lower or totally erase their obligation to you.

Is it likely to happen? Probably not. Does it happen? All the time.

I think it's so important for people to realize that insurance companies are business that want to make a profit. Negotiating with them is really no different than negotiating for a souvenir in Mexico - while they would like to make as much as possible off you, it's in your best interest to watch out for yourself.

 

[JB2K]

OP-- if using NADA they should be using the clean vaule number for the price.
wow glad my company doesn't do total loss vaule that way. sorry for your
troubles.

Problem is, most major insurers do not use NADA or KBB -- they use "CCC Valuescope" as the baseline for their claims.

 

[chris31997]

You may need to look into your state and see if the state has an insurance mediator/monitor. My dad got into an accident and his insurance/other guy's insurance did not want to play fairly. He reported both to the state. He did not have to get an lawyer. But it helped and forced the insurances to pay what they were required to pay by law which is what he want all long.

Glad to hear everyone is alright

 

[SSRFred]

I've had car's totaled twice twice (once mine, once a relative's).

Definitely good that you have tried to arm yourself with information before responding to the insurance company.

First of all, until you get a settlement YOU are happy with, don't sign off or agree to anything. In addition, if your or their insurance company wants a recorded statement, NEVER give one. You are not required to, and it is NEVER in your interest. Statements can often be used against you, even in cut and dry cases where you are in the right.

You are entitled to the TRUE REPLACEMENT VALUE of your vehicle. This is defined as the price that you can buy the exact vehicle, in the exact condition at right at this moment. Insurance companies will always try to SCAM you by giving you the NADA Trade-In value. Don't be fooled into taking it. You cannot replace your car for the NADA value.

Best thing for you to do is to get written or printed quote for 2 or 3 cars that are close to identical (or as close to identical as you can find in your area - if none are exact - pick the one closest to your current car in YOUR FAVOR). Autotrader.com is a good place to search. If there are 10 identical cars in the same condition as yours, pick a few with the highest price.

Send a simple letter to the insurance company stating that you are entitled to the True Replacement Value and the only vehicles you could find that adequately replace your vehicle are attached. If they balk, you have two potential path's to take:

1) Mention casually that the stress from dealing with this accident is really causing a lot of pain in your back, head, and neck. Suggest that you may go to the "Doctor your attorney recommended" to get it checked out. Typically, at that point, they want you happy -quick.

or

2) Get an attorney to draft up a letter. Will cost no more than a couple $100 and you will get a settlement quickly.

Do not allow the insurance company to bully you or low ball you. The more suckers they can get to take NADA Trade-IN Value, the more profit for their shareholders. DO not abuse the system, but DO get what you are legally entitled to!

Jim

Your advice is completely on point. I hope the OP follows it.

Our car was totaled 6 months ago by a tree and we would not accept what our insurance company was offering. DH found an identical car for sale in our area with a VIN number very close to ours. He sent a printout of the information to the adjuster and they had to match it. We even used the insurance company's breakdown against them because our car had much lower mileage than the one for sale so they had to give us a higher payout to make up for it.

Good luck OP. I hope it all works out.

 

[NYEmomma]

Sigh. You guys have all given me such wonderful advice that I was hopeful if I presented myself in a professional manner and showed that I was educated on the situation & knew what I was talking about, that I'd make some progress. I view this all as a negotiation... I don't expect to get NADA or KBB values, but even if they were to meet me at the LOW end of the cars currently offered, I would be happy.

And I got jack squat. Basically a big ole', "this is what it is, so deal with it."

I called and told them that I wasn't satisfied with the offered settlement due to the discrepancies between the vehicles used to asses real market value and the cars that are REALLY on the market, as well as the KBB & NADA values of my car. I informed him of the current search results on cars.com, autotrader.com and the various local dealers. They ranged between $14,900 & $16,900. The values listed on the cars from the insurance company (the search was apparently done by JD Power) were from $12,000 - $13,500.

He said, "well those are the numbers that JD Power gave me and they are what they are. Those are the values of the cars for sale in your area."

Again, I told him that the numbers were, simply, low-balled. Not a single one of the vehicles referenced was currently on the market still and 3 of them didn't even provide complete VIN or dealer information for me to contact the dealer & do research to confirm (aka, make sure it wasn't a wholesaler or auction, which it HAD to be to sell my model/year car for $12k).

The only thing he offered was to write-off the "projected selling value" that they deducted from 3 of the cars on the list (he said he and his manager talked about it & that was what they were able to do). In all, he came up from $13,000 to $13,500.

Still not enough money for me to be able to purchase a comparable car.

I told him that if we weren't able to come to an agreement that I was unfortunately going to have to refer the situation over to my family lawyer (a person who, at this point in time, is non-existent!). I also asked where I should submit my medical bills since my shoulder was still bothering me and I was afraid that I was going to have to see a doctor for it.

He told me to let him know once I transferred everything to the lawyer because at that point he could no longer speak to me re: the situation.

And that was that.

I feel like I was completely disregarded by him. He wouldn't conceded a single thing when faced with some pretty simple facts.

I don't know what to do at this point. Submit my proof of real market value in writing? Contact the state insurance office? Sit on my hands and bank on him calling tomorrow with a better offer?

DH & I thought about possibly playing "good cop, bad cop" (since he actually IS the nice one of our relationship, lol!) and have him call tomorrow... apologize for my pushiness and telling him that he really didn't want to go to all of the hassle of a lawsuit or arbitration because he's starting a new job next week (true) & yadda, yadda, yadda. So he'd settle for $14,000 even with no deductions for "excessive wear" (they're trying to take another $200 off the value because the previous owner was clearly pooh-sized and the driver seat is rather... sat-in-looking).

You think that would work? I'm just so flabbergasted and lost and just want it over with so that we can move on & not think about it anymore.

 

[seashoreCM]

If you deal with a lawyer, you sue the other driver and/or car owner, not an insurance company.

The actual role of the other person's insurance company is to defend him and to pay whatever judgment (if any) results, up to the limit of the policy. For convenience's sake you may deal first with the insurance company.

Want to answer an ad for a comparable car for sale, test drive it, and offer what the insuracne company offered you with no regard to the asking price?

 

[Leajess99]

Sigh. You guys have all given me such wonderful advice that I was hopeful if I presented myself in a professional manner and showed that I was educated on the situation & knew what I was talking about, that I'd make some progress. I view this all as a negotiation... I don't expect to get NADA or KBB values, but even if they were to meet me at the LOW end of the cars currently offered, I would be happy.

And I got jack squat. Basically a big ole', "this is what it is, so deal with it."

I called and told them that I wasn't satisfied with the offered settlement due to the discrepancies between the vehicles used to asses real market value and the cars that are REALLY on the market, as well as the KBB & NADA values of my car. I informed him of the current search results on cars.com, autotrader.com and the various local dealers. They ranged between $14,900 & $16,900. The values listed on the cars from the insurance company (the search was apparently done by JD Power) were from $12,000 - $13,500.

He said, "well those are the numbers that JD Power gave me and they are what they are. Those are the values of the cars for sale in your area."

Again, I told him that the numbers were, simply, low-balled. Not a single one of the vehicles referenced was currently on the market still and 3 of them didn't even provide complete VIN or dealer information for me to contact the dealer & do research to confirm (aka, make sure it wasn't a wholesaler or auction, which it HAD to be to sell my model/year car for $12k).

The only thing he offered was to write-off the "projected selling value" that they deducted from 3 of the cars on the list (he said he and his manager talked about it & that was what they were able to do). In all, he came up from $13,000 to $13,500.

Still not enough money for me to be able to purchase a comparable car.

I told him that if we weren't able to come to an agreement that I was unfortunately going to have to refer the situation over to my family lawyer (a person who, at this point in time, is non-existent!). I also asked where I should submit my medical bills since my shoulder was still bothering me and I was afraid that I was going to have to see a doctor for it.

He told me to let him know once I transferred everything to the lawyer because at that point he could no longer speak to me re: the situation.

And that was that.

I feel like I was completely disregarded by him. He wouldn't conceded a single thing when faced with some pretty simple facts.

I don't know what to do at this point. Submit my proof of real market value in writing? Contact the state insurance office? Sit on my hands and bank on him calling tomorrow with a better offer?

DH & I thought about possibly playing "good cop, bad cop" (since he actually IS the nice one of our relationship, lol!) and have him call tomorrow... apologize for my pushiness and telling him that he really didn't want to go to all of the hassle of a lawsuit or arbitration because he's starting a new job next week (true) & yadda, yadda, yadda. So he'd settle for $14,000 even with no deductions for "excessive wear" (they're trying to take another $200 off the value because the previous owner was clearly pooh-sized and the driver seat is rather... sat-in-looking).

You think that would work? I'm just so flabbergasted and lost and just want it over with so that we can move on & not think about it anymore.

What has YOUR insurance said?? Seriously, work with YOUR insurance and let them fight the other insurance company. Do you have the same insurance company as the at fault driver?? Is the at fault driver's insurance one of the cheap ones like SafeAuto??

I hope you can get it all worked out. As for the car seat, it has to be replaced as it was in a serious accident and they are liable for replacement cost. Go buy the replacement and submit the receipt to them. Make sure you keep copies and I would probably also mail it certified.

In reference to your injury, I would see your primary care doctor. You would probably submit that off your insurance and again they would go after the other insurance.

 

[NYEmomma]

What has YOUR insurance said?? Seriously, work with YOUR insurance and let them fight the other insurance company. Do you have the same insurance company as the at fault driver?? Is the at fault driver's insurance one of the cheap ones like SafeAuto??

I hope you can get it all worked out. As for the car seat, it has to be replaced as it was in a serious accident and they are liable for replacement cost. Go buy the replacement and submit the receipt to them. Make sure you keep copies and I would probably also mail it certified.

In reference to your injury, I would see your primary care doctor. You would probably submit that off your insurance and again they would go after the other insurance.

We talked to our insurance today... they said the only thing they could do was close out the claim with Progressive, transfer it to themselves & perform their own assessment. That would be fine with us, however Progressive is going to subtract the cost of their "time" spent assessing our car from whatever they'd settle for with our insurance. And knowing how we're already getting screwed over, I can only imagine how much they're going to ask to be compensated for their time spent on the claim. It'll probably end up with us being in the hole even MORE by switching to our insurance company.

We went and bought a new car seat for DD the very next day. There was no way I was going to put her in the seat from the accident! I had no clue what/how/when we'd get reimbursed for it, but it really didn't matter at that point. I just wanted her to be safe. So we bought the exact same model that we already had. I'm emailing him the receipt for it tomorrow. That's the only good progress we made during or phone call.

 

[NYEmomma]

Want to answer an ad for a comparable car for sale, test drive it, and offer what the insuracne company offered you with no regard to the asking price?

I think I'm a bit slow on the uptake tonight, but I don't think I understand the point you're trying to make?

Of course, I'd love to go get a new 07 Santa Fe and offer the dealership $2,500 under the asking price... though I'm fairly certain I'd get laughed out of the building. If you know of a place where it'll work though, lemme know! Might be worth the drive.

 

[AmberHeartsDisney]

besides suing you cant really do much else i think. But every state has different laws.

 

[NYEmomma]

besides suing you cant really do much else i think. But every state has different laws.

I think you're right, unfortunately.

And by hiring an attorney, we've just lost all of the money that he'd be able to get us in fees. We wouldn't be any further ahead than we are now.

I'm going to try one last ditch effort today & email the claims adjuster with attachments of KBB, NADA & cars.com/autotrader search results showing that their numbers are off and a couple of other argument points that I've thought of with their method of "assessing real market value". I'm going to ask for $14,000, which is still less than the value of comparable cars but, tbh, I just want this over with.

Yesterday I had the resolve to take it as far as I could in an effort to be treated fairly but today, I'm just done. Since this accident has happened, DH got a new job (counter-offered on their offer & they happily accepted it! ) and all the celebration and preparation we should be doing has been completely ignored because of this. I haven't been sleeping because I've been laying awake in bed, completely furious and trying to think of other options. My blood pressure shoots through the roof to the point that my chest hurts whenever I have to talk to the adjuster (ok, so I don't handle my anger well, lol). I'm over it. I know I'm getting screwed over, but I'm caving and I hate that I am.

I have a doctor's appointment for Monday. My left shoulder where the seatbelt caught me is still sore and honestly, I think it's just a deep bruise (you wouldn't really be able to see the bruising anyways since it's under a tattoo), but at this point I'd rather be safe than sorry.

A medical claims person contacted me and offered to leave a credit of $1500 open to pay for any medical bills, plus $250 for the inconvenience of having to see the doctor. I told her I'd rather not make a decision to close at this point since I don't know what's wrong medically & I'm unfamiliar with how the whole process works. I don't know whether that was the right answer or not.

 

[Bren's Mom]

My dh and I each had 1 accident where we were in no way at fault and both had injuries. We hired our attorney both times, because it was way easier than dealing with the insurance companies.

In both instances every single penny of medical bills were paid as we went along and our vehicles were repaired to our liking very soon after the accident, our lost wages were paid...AND we walked away with good sized settlements to cover any future medical bills, pain and suffering, etc. about a year or so after the accident. And that was AFTER the attorney took his share.