amazing how a lady can cross 2 lanes of oncoming traffic, and two more lanes with the flow, hit my truck, and then claim she hit me because "I was going to fast".
(I must have been going ~really~ fast toward that red light, in my GIANT fire-engine-red truck for her not to see me in the time it took her to cross over 4 lanes of traffic....)
Worst part of it is she had a 2 year old on the side she swiped me with. Thank god he survived his mother's arrogance, I wish him luck with the next 16 years.
//Now what to do with a $750 deductible on a truck that's worth $1000, and damage that will amount to ~$751...
One would think not. But directly from the Farmers site:
Will I still have to pay the deductible if I wasn’t at fault? No matter who’s at fault, you may still have to pay a deductible for certain coverages. We’ll try to recover that cost from the responsible party or the insurer of the responsible party, and we’ll return your deductible to you if we succeed.
> Did the police do a report and find her responsible for the accident? You should be > talking to HER insurance, not yours. > > Take her to small claims court.
Eh? Not how my insurance agent laid it out. weird.
edit...
Just called her insurance, apparently you can do that too...Bonus, thanks!
> > Did the police do a report and find her responsible for the accident? You should be > > talking to HER insurance, not yours. > > > > Take her to small claims court. > > Eh? Not how my insurance agent laid it out. weird. > > > edit... > > Just called her insurance, apparently you can do that too...Bonus, thanks!
Realize though that if you get her insurance involved in paying for it and the damage is over ~75% of the trucks book value they will consider it a total loss. Don't take the check right away because then it's theirs. You would have to then see if you can get the title(they'll give you less money but you get to keep it)& then repair it. Then get an inspection at a Highway Patrol Inspection Site. Differs state to state exactly what it entails but it's a hassle. Also, if you get your insurance involved to go after her company it may turn out just as bad if not worse. Her company will definitely send out an appraiser of there own if they hear a peep about having to pay out cash and if she was not proclaimed at fault by an officer in an accident report, good luck. Your company could also do the total thing. I really hope your truck is worth more than that and the damage isn't that bad. Try to find some aftermarket or used parts & fix it yourself(if you can) is probably your best way to go. Also, why the high deductible on the truck if it's only worth that much? Just get liability so you're legal if the trucks that old & junky. I'm not sure what kind of can of worms small claims court might open up. Is she saying that you should fix her car? If she is then I'm sure you'll get to know your agent a whole lot better real soon.
Good luck... Let us know what goes on.
Pessimist: Oh, this can't get any worse!
Optimist: Yes, it can!
> > > Did the police do a report and find her responsible for the accident? You should > be > > > talking to HER insurance, not yours. > > > > > > Take her to small claims court. > > > > Eh? Not how my insurance agent laid it out. weird. > > > > > > edit... > > > > Just called her insurance, apparently you can do that too...Bonus, thanks! > > Realize though that if you get her insurance involved in paying for it and the damage > is over ~75% of the trucks book value they will consider it a total loss. Don't take > the check right away because then it's theirs. You would have to then see if you can > get the title(they'll give you less money but you get to keep it)& then repair it. > Then get an inspection at a Highway Patrol Inspection Site. Differs state to state > exactly what it entails but it's a hassle. > Also, if you get your insurance involved to go after her company it may turn out just > as bad if not worse. Her company will definitely send out an appraiser of there own > if they hear a peep about having to pay out cash and if she was not proclaimed at > fault by an officer in an accident report, good luck. Your company could also do the > total thing. > I really hope your truck is worth more than that and the damage isn't that bad. Try > to find some aftermarket or used parts & fix it yourself(if you can) is probably your > best way to go. > Also, why the high deductible on the truck if it's only worth that much? Just get > liability so you're legal if the trucks that old & junky. > I'm not sure what kind of can of worms small claims court might open up. > Is she saying that you should fix her car? If she is then I'm sure you'll get to know > your agent a whole lot better real soon. > > Good luck... Let us know what goes on.
She was at fault, there was no disputing that...
Cop cited her, she's got the lead position on the accident report too.
The truck is so-so. It's a '95 GMC Yukon, 2 door. 250-350K on it...can't recall exactly. Body is starting to rust around the skirts, but otherwise was solid. I have no clue how much damage is going to be pinned on it, due to the age, and if they are able to PDR stuff that isn't seamed on all 4 edges due to rust. If they put new panels on, probably well over blue book.
I have claims started with both companies, mine and hers. Both were eager to help, surprisingly. I'll probably start with her appraiser to avoid the deductible. I really don't care if I loose the truck, as long as I get enough to pick up another to-work-n-back beater.
Not really in possession of a lot of free time, so repairing it myself is not the best option. Probably where it's going to end up though.
The deductible is high because it's wrapped in with the bike and wife's car, both of which are a bit nicer...
> > Did the police do a report and find her responsible for the accident? You should be > > talking to HER insurance, not yours. > > > edit... > > Just called her insurance, apparently you can do that too...Bonus, thanks!
Yeah, if you aren't at fault, you should never call your insurance company. Call the other driver's company.
Years ago, I was hit from behind by a girl in a Jetta while I was sitting at a stop light. I called her insurance company the next day and they asked me to fax them a copy of the police report. They sent out an adjuster to look at my car, and gave me a list of nearby collision repair places where the repairs would be completely covered. Not a cent out of my pocket. I think they even paid for a rental car for me for the entire time my car was being repaired.
The fucked up thing is that with many insurance companies, merely TALKING to your agent registers the fact that you had an accident, which then makes your insurance rates go up... even if you don't make a claim with your company!
Losing the vehicle is usually peoples' main concern. It's hard to find a decent used vehicle for what they'll give you. At least it is around this area. Sounds like you got lucky and got some decent people to work with at both ends. Some of the insurance companies are hell to deal with, coming from the repair side of it.
Hope your "luck" keeps up...
Pessimist: Oh, this can't get any worse!
Optimist: Yes, it can!
> Losing the vehicle is usually peoples' main concern. It's hard to find a decent used > vehicle for what they'll give you. At least it is around this area. Sounds like you > got lucky and got some decent people to work with at both ends. Some of the insurance > companies are hell to deal with, coming from the repair side of it. > > Hope your "luck" keeps up...
...annnnnd the hammer just dropped. Bitch changed her story when her insurance company called her. Says there was a "Language barrier" and the cop didn't understand that I hit her. (My car drives sideways...Awesome!)
Funny how this language barrier didn't exist the 5 minutes we waited for a cop when she repeatedly tried to strike up conversation, or the three times I asked if she was sure her kid was OK.
State farm now says "Sorry, go through your insurance."
At least my insurance is being cool about it as best they can. What sucks is I'm teetering right around that just-under-deductible or just-over-cost-of-truck line with the damages.
I was hoping to avoid a new car note for a few months more...
I think if you show the police report to her insurance company, they will pay. I don't know how they can not pay because she changed the story that she told the police. She has insurance. SHE hit YOU. SHE is responsible to pay damages to YOU. I'll be God damned, if I would use my insurance and pay any deductible. SHE is at fault and needs to pay YOU! I would threaten to get a lawyer and sue. You will win the case because the police already found her at fault. There were no injuries, so what is the problem with her insurance paying up and closing the claim.
> I think if you show the police report to her insurance company, they will pay. I > don't know how they can not pay because she changed the story that she told the > police. She has insurance. SHE hit YOU. SHE is responsible to pay damages to YOU. > I'll be God damned, if I would use my insurance and pay any deductible. SHE is at > fault and needs to pay YOU! I would threaten to get a lawyer and sue. You will win > the case because the police already found her at fault. There were no injuries, so > what is the problem with her insurance paying up and closing the claim.
> > I think if you show the police report to her insurance company, they will pay. I > > don't know how they can not pay because she changed the story that she told the > > police. She has insurance. SHE hit YOU. SHE is responsible to pay damages to YOU. > > I'll be God damned, if I would use my insurance and pay any deductible. SHE is at > > fault and needs to pay YOU! I would threaten to get a lawyer and sue. You will win > > the case because the police already found her at fault. There were no injuries, so > > what is the problem with her insurance paying up and closing the claim. > > +1. Police report trumps change of story.
Insurance company trumps police report until lawyer trumps insurance company. And I'm out a truck until that time, whenever that would be.
> ...annnnnd the hammer just dropped. Bitch changed her story when her insurance > company called her. Says there was a "Language barrier" and the cop didn't understand > that I hit her. (My car drives sideways...Awesome!) > > Funny how this language barrier didn't exist the 5 minutes we waited for a cop when > she repeatedly tried to strike up conversation, or the three times I asked if she was > sure her kid was OK. > > State farm now says "Sorry, go through your insurance." > > At least my insurance is being cool about it as best they can. What sucks is I'm > teetering right around that just-under-deductible or just-over-cost-of-truck line > with the damages. > > I was hoping to avoid a new car note for a few months more...
It's amazing how people's true colors come out in a situation like that. People who seem perfectly reasonable will lie through their teeth to get out of paying for an accident or if they think they can squeeze some money out of you.
> Insurance company trumps police report until lawyer trumps insurance company. And I'm > out a truck until that time, whenever that would be.
You should have something called "rental reimbursement" as part of your car insurance unless you explicitly declined it. It usually pays a flat amount per day to help you pay for a rental car in the event of an accident.
> > Insurance company trumps police report until lawyer trumps insurance company. And > I'm > > out a truck until that time, whenever that would be. > > You should have something called "rental reimbursement" as part of your car insurance > unless you explicitly declined it. It usually pays a flat amount per day to help you > pay for a rental car in the event of an accident. > > Sorry about this shitty web page, but it's the best info I can find... > http://www.reply.com/insurance/state-far...ou-should-know/
Yup, have that. They want money up front on a card, and I'll get reimbursed later. I've cut myself down to one credit card with a really low limit. Not using the debt/credit tied to the bank account.
Not happening...
Basically this lady destroyed my truck, and because it's old, the insurance world is giving me back a resounding "Meh". I'm losing money out of pocket any way you slice it. If I want it back I might have to sue, which is even more money out of pocket.
The only thing I can say for sure is she can bet her ass I'm showing up to court to ensure she gets her tickets.
Long talk with the adjuster today, and no matter who takes care of it there are stipulations. They'll paint the dents, but anything below the trim line with rust on it gets left as-is, including the fender/well covers that no longer have a place to attach. If I want a new fender, I can pay the overage on parts and paint.
They can fix the suspension, but if they find rust on components they'll cut down the amount paid out. They can fix the door hinge and latch, but won'd pay out on the lower half of it or replace with a used.
If they cut me a check for a "totaled" vehicle, I'm getting $1500 - $750 deductible. essentially enough to ensure I'll have a car note of some kind going forward.
Just your typical only-italie type conundrum. Always on the bubble of everything, always unnecessarily over-complicated.
> Basically this lady destroyed my truck, and because it's old, the insurance world is > giving me back a resounding "Meh". I'm losing money out of pocket any way you slice > it. If I want it back I might have to sue, which is even more money out of pocket. > > The only thing I can say for sure is she can bet her ass I'm showing up to court to > ensure she gets her tickets. > > Long talk with the adjuster today, and no matter who takes care of it there are > stipulations. They'll paint the dents, but anything below the trim line with rust on > it gets left as-is, including the fender/well covers that no longer have a place to > attach. If I want a new fender, I can pay the overage on parts and paint. > > They can fix the suspension, but if they find rust on components they'll cut down the > amount paid out. They can fix the door hinge and latch, but won'd pay out on the > lower half of it or replace with a used. > > If they cut me a check for a "totaled" vehicle, I'm getting $1500 - $750 deductible. > essentially enough to ensure I'll have a car note of some kind going forward. > > Just your typical only-italie type conundrum. Always on the bubble of everything, > always unnecessarily over-complicated.
It's interesting... I have a tendency to over-insure old cars myself, but I've never been bitten by it. It definitely seems worthwhile, once the car gets past a certain point, to just cut the insurance to liability only. Take what you save and stash it in savings. If something happens, you'll be in a better position to either replace or repair it, and you won't have to deal with insurance company BS.
> > Basically this lady destroyed my truck, and because it's old, the insurance world > is > > giving me back a resounding "Meh". I'm losing money out of pocket any way you slice > > it. If I want it back I might have to sue, which is even more money out of pocket. > > > > The only thing I can say for sure is she can bet her ass I'm showing up to court to > > ensure she gets her tickets. > > > > Long talk with the adjuster today, and no matter who takes care of it there are > > stipulations. They'll paint the dents, but anything below the trim line with rust > on > > it gets left as-is, including the fender/well covers that no longer have a place to > > attach. If I want a new fender, I can pay the overage on parts and paint. > > > > They can fix the suspension, but if they find rust on components they'll cut down > the > > amount paid out. They can fix the door hinge and latch, but won'd pay out on the > > lower half of it or replace with a used. > > > > If they cut me a check for a "totaled" vehicle, I'm getting $1500 - $750 > deductible. > > essentially enough to ensure I'll have a car note of some kind going forward. > > > > Just your typical only-italie type conundrum. Always on the bubble of everything, > > always unnecessarily over-complicated. > > It's interesting... I have a tendency to over-insure old cars myself, but I've never > been bitten by it. It definitely seems worthwhile, once the car gets past a certain > point, to just cut the insurance to liability only. Take what you save and stash it > in savings. If something happens, you'll be in a better position to either replace or > repair it, and you won't have to deal with insurance company BS.
The savings really inst that much, and the insurance on it is fairly lighter than the wife's car. I think liability only was something to the tune of ~$9 a month from my current price. That's a tank of gas over the course of a year...
With that rental coverage, it should cover a comparable type of vehicle and her company will eventually have to pay for it. But since they are doing this the hard way, your company should have set you up in a rental already if your truck is not drivable. If not get on them. When they have a rental vehicle involved it's amazing how fast insurance companies can move when they want to. If you can(and want), try to pick up the car yourself at their office. That way (usually) you can see what they have to chose from. You can try out something you might be interested in buying. Free extended test drive. At least maybe you'll get some use out of the hassle.
Later...
Edited by Bad A Billy (08/25/13 02:46 AM)
Pessimist: Oh, this can't get any worse!
Optimist: Yes, it can!
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Well, the assholes on the road finally hit me.
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