More car accident fallout

[Rock'n Robin]

Found out that the accident has to go to arbitration since the trucker says it was my fault. Also found out that if the trucker's insurance was covering me I would have no problem, but since I have to use my own policy my rental car time is up after 3 weeks. I still have 2-3 weeks until my truck is done. She says most people just pay it out of pocket. With the impending bankruptcy I don't think I should be charging that much money! I already have to charge the deductible.
I can't afford $35 a day for that much time, so I have go to back to driving DH's avalanche while he drives his old 92 pickup (I'd drive it, but I can't drive a stick shift).
If we do sue, I'm not only going to include my deductible and rental car overages, I'm going to include every phone call I've had to make to the insurance companies, and now I'm going to add "pain and suffering" because that truck is not a good truck for DH to drive for business. I might add that on the way home today I was surrounded by semis and almost threw up.
The truck insurance called again today and left a message about why I haven't called about their offer to settle the medical portion of the claim ($4000). Our lawyer told us to let our insurance fight it, but I'm starting to think my insurance is pretty spineless. I hope I don't get stuck with all of it. My agent is calling me Tuesday at 4 to get a recorded statement for arbitration. Since it took the other company 3 weeks to talk to the trucker, I hope it doesn't take another 3 weeks to get a statement from him.
Robin M.

 

[Aimeedyan]

May I ask what company you have?

I am so sorry you're dealing with this crap. I have been so blessed to have a great company that stands beside me (USAA btw), and I didn't have to mess with any of this, so I wish I had some advice but I dont. I am glad you do have a lawyer!!!

Keep notes of EVERYTHING, every phone call, every person, every headache this causes, everything. You'll want all that when you sue them for damages.

What a nightmare. I'm so sorry.

**hugs**

 

[SC Minnie]

What ins. co do you have? We have State Farm as well as my Mom. Her husband was involved in an accident last year - his fault he ran a stop sign (didn't see it) going 35 mph. A SUV hit them going about 60 in a 45. Anyway, the other people are claiming all kinds of ailments and wanting an outrageous amount of $ but the ins. co is handling everything for them.

 

[Rock'n Robin]

We have American Family. The truck driver has Markel, out of Canada.
I got hit (bumped, really) by a kid in May and he had State Farm--it was great, got an SUV to drive, no problems. If Markel would step up to the plate and admit liability it would be the same way. But since I have to use my own insurance, there is a $30 a day, $750 cap. I am already paying $5 a day I guess, since there is no "comparable car" provision (I thought Markel would pay, so I didn't think there would be a problem--with 3 kids and a car pool, a Taurus would NOT cut it!). I have to keep it one day over because if I turn it in today, I miss my kids' open houses at school tonight, so that's another $35.
Still waiting for a call from the body shop to tell me when all of this misery will end and I'll have my own car back. Then we have to figure out the rest of it.
I hope that if (WHEN) the arbitrator finds in my favor, I get reimbursed for my car rental over-and-above what Am. Family is paying.
You know, I was "I"m fine, I'm not going to the doctor or taking the kids becaues they're fine", just had a scrip called in for my back spasms. Now I wish I'd had everyone checked out for every little thing because since Mr. Truck driver decided to lie about it, I'm going after him. It's not nice to lie--or make my life miserable!
Robin M.

 

[crazyforgoofy]

Why do they want to settle a medical claim if they're NOT ACCEPTING liability? Sounds like they're trying to pull a big fast one over on you. I'm not a fan of American Family, my in-laws had big trouble with them when they were rearended by an American Family insured but surely they'll back you. It may take a while though. Good luck and don't let the other company bully, cajole or talk you into doing anything.

 

[philaround]

Robin.

I really think you should contact the Insurance Commision in your state. Here in CT once blame has been placed on the other party their insurance must 1st reimburse your insurance company for any money they have paid you and 2nd pay you for any expenses you incurred that your insurance company did not pay.

Also in CT once a ticket has been issued blame is assigned.

 

[DISshopkeeper]

Robin, I have been following your story. I got a raw deal a couple of years ago following an accident where I was dead stopped at a stop sign and somebody plowed into me. I feel for you. It stinks BIG TIME.

{{{hugs}}}