UNFAIR insurance claim

[silnismo]

Sup zilvia, i need sum advice.

I was recently involved in an accident where my car was totaled by some bitch that was not looking in front of her. In a nutshell, the police report said it was completely her fault but she made bull shit claims to her insurance company and now there giving me 50% of what more car is worth on a 2000$ settlement. im left with a totaled car. 2000$ isn;t even enough to fix the damages alone!

Its ME & POLICE vs DA BITCH

and her insurance company sides with her?? WTF!

Im about to get a lawyner, but do i have a legitmate case?

[cbcustoms]

yes you have a legitimate case. as long as a police report completely faults her you should be ok. as far as getting more money. you should be prepared to prove the parts you have on the car are worth a certain amount. print out prices from the internet for what you have. i hope this helps. it cant hurt to be overprepared

[civilized_drifter]

gotta get that money man, if its her fault she owes you

[kcndizzle]

What you're gonna wanna do is have you're subrogate for you, now since the other company has essentially denied your claim, you go to your insurance to handle it. With the police report on your side you're more than likely going to win. And like cbcustoms said, print out prices for aftermarket parts, as well as ads for the price of your car. Get a baseline market value. And never, ever accept an insurance company's first offer, you don't have to take it, you can demand more.

[silnismo]

yes you have a legitimate case. as long as a police report completely faults her you should be ok. as far as getting more money. you should be prepared to prove the parts you have on the car are worth a certain amount. print out prices from the internet for what you have. i hope this helps. it cant hurt to be overprepared

Yea, the police report states it was her fault. Luckly she missed my aftermarket parts, she basically tore my trunk half apart.

[silnismo]

What you're gonna wanna do is have you're subrogate for you, now since the other company has essentially denied your claim, you go to your insurance to handle it. With the police report on your side you're more than likely going to win. And like cbcustoms said, print out prices for aftermarket parts, as well as ads for the price of your car. Get a baseline market value. And never, ever accept an insurance company's first offer, you don't have to take it, you can demand more.

Good advice! im going contact my own insurance company ASAP, but would it matter if i only had liability?

[cbcustoms]

just be overprepared and contact your insurance company. they will do the hard work for you. thats why you pay every month

[lovely240]

kcndizzle is right, you would have to let your insurance handle it. its bullshit that even though the police report is saying she was 100% at fault that they arent paying up what they should, maybe this bitch didnt have good enough coverage. Either way, you have a good case, i would sue that hoe

[lovely240]

no it wouldnt because it wasnt your fault, who is your insurance company?

Good advice! im going contact my own insurance company ASAP, but would it matter if i only had liability?

[silnismo]

no it wouldnt because it wasnt your fault, who is your insurance company?

My insurance is ALL STATE, but i just got off the phone with them and they said they couldn't do shit for me b/c i only have liability. Im going to talk to my insurance agent to clear this up.

THX for all the replays!:love:

[lovely240]

thats stupid, thats what uninsured motorist coverage is for...unless you dont have that option. I work for Farmers thats why I asked. I have some friend at Allstate, Ill find out for you if you're really not covered, but do you have the un insured motorist coverage?

Good advice! im going contact my own insurance company ASAP, but would it matter if i only had liability?

My insurance is ALL STATE, but i just got off the phone with them and they said they couldn't do shit for me b/c i only have liability. Im going to talk to my insurance agent to clear this up.

THX for all the replays!:love:

[kcndizzle]

Good advice! im going contact my own insurance company ASAP, but would it matter if i only had liability?

No, absolutely not, since the other party was at fault, you can have your insurance subrogate fully. It's part of their job. I'm only liscenced in Cali. though, but NJ shouldn't be too much different.

[kcndizzle]

My insurance is ALL STATE, but i just got off the phone with them and they said they couldn't do shit for me b/c i only have liability. Im going to talk to my insurance agent to clear this up.

THX for all the replays!:love:

Make sure you explain that you've already filed a claim with the other company. If you just say that the other lady hit you and so on and so forth, they'll probably think you're trying to file a claim on their end.
Funny, I work for Allstate...

[lovely240]

i talked to my friend at allstate, and she said that they wouldnt be able to do anything since you werent at fault, they wouldnt get in it. But she says that if the police report says that you are fault free, that you have a good case and would def. side with you because of what the report says, and you would def. sue the company for trying to say that you were at fault when you arent. I would get a lawyer if I were you

[silnismo]

Defnately talking to a lawyner, after i talk to my all state agent. Ive started a claim already for my insurance company hopefully justice prevails.

[sxe]

take it to small claims my friend... sue her ass, and try to press on that she has made falls claims. bring in your police report, and smother her in the court room, you'll get the money you deserve, so whos insurance is f-ing u up? hers correct? if that is true talk to her insurance adjuster and file a claim against them, they pay with out a fight "usually". let us know how it goes for ya

[cbcustoms]

i think at this point it would be more then small claims. how much are you really trying to get for damages.

[gmarzan]

Sad to hear...but that shit happened to me last year. I got hit and the police report said it was completely the other drivers' fault for going to my lane of travel. But, his insurance company says it's my fault and the police report is nothing but a guide to them. Because, the cop was not there when the accident happened. Unless there's A WITNESS to the accident the other insurance company will hold their saying. I even reported them to the Insurance Bureau for doing an unfair practice, but nope...no luck at all. But goodluck

* his insurance company is USAA

[95Kouki]

Man...sorry that you're getting the short end of the stick...I was in your shoes earlier this year...

http://www.zilvia.net/f/showthread.php?p=1273251#post1273251

I ended up getting $20k for my car alone...but I know have 5 Herniated Disks in my back...so I'm currently workin on medical...

First off..

Who is her insurance?
What hit you?
What are her insurance policy limits? More Specifically Liability?
What are your underinsured and collision policy limits?
Did you get hurt?
What does the police report say is the cause of the accident?

And are you willing to lose up to 40% of what's right fully yours?

Best of luck

Jason

[silnismo]

Sad to hear...but that shit happened to me last year. I got hit and the police report said it was completely the other drivers' fault for going to my lane of travel. But, his insurance company says it's my fault and the police report is nothing but a guide to them. Because, the cop was not there when the accident happened. Unless there's A WITNESS to the accident the other insurance company will hold their saying. I even reported them to the Insurance Bureau for doing an unfair practice, but nope...no luck at all. But goodluck

* his insurance company is USAA

You nailed it right on the nose, basically the same situation.

[kyles1988]

This is one of the reasons having a car apprasied for it's actual value is nice. Although if your insurance company is really cool then as long as you have receipts for your parts they "will put it back exactly as it was" (should you have full coverage) quote from my friend's (Broadfield) insurance agent a couple of days ago when he asked.

Not 100% releveant but usually when you're in a bind and searching through threads, moderately relevant info helps.

[silnismo]

Man...sorry that you're getting the short end of the stick...I was in your shoes earlier this year...

http://www.zilvia.net/f/showthread.php?p=1273251#post1273251

I ended up getting $20k for my car alone...but I know have 5 Herniated Disks in my back...so I'm currently workin on medical...

First off..

Who is her insurance?
What hit you?
What are her insurance policy limits? More Specifically Liability?
What are your underinsured and collision policy limits?
Did you get hurt?
What does the police report say is the cause of the accident?

And are you willing to lose up to 40% of what's right fully yours?

Best of luck

Jason

Insurance: all state
they hit me in the rear.
yes, i have liability
no1's hurt
and police report says "da bitch" was not looking ahead of her when she accelerated into my rear.

As of now anything is better then a 2000$ settlement, especially b/c it has sentamental value since this car was was bought NEW by my uncle and handed down to me.

[silnismo]

Sad to hear...but that shit happened to me last year. I got hit and the police report said it was completely the other drivers' fault for going to my lane of travel. But, his insurance company says it's my fault and the police report is nothing but a guide to them. Because, the cop was not there when the accident happened. Unless there's A WITNESS to the accident the other insurance company will hold their saying. I even reported them to the Insurance Bureau for doing an unfair practice, but nope...no luck at all. But goodluck

* his insurance company is USAA

so your saying bringing a lawyer wouldn't help?

[gmarzan]

so your saying bringing a lawyer wouldn't help?

Well, my insurance company and the Insurance Bureau said that I could take it to the small court claims, which you don't need a lawyer. But, after battling with his insurance company for 3 months with no good results, I just gave up. Since my S13 was only valued at 3k and It is still driveable, hiring a lawyer and taking the person to court would probably cost me same amount. I could've won my claim but I had other things to do (in college finishing 2nd degree). I believe in KARMA. But, if you dont sue her, dont be suprise if her insurance sue you a year later, because that's what the guy's insurance tried to do to me. My insurance denied his claim the first time and willing to take it to arbitration for his 2nd claim, but he gave up before going to arbitration because if they found out it's not my fault, he has to pay me.

[ryceboy_124]

My 91 240sx was hit by a drunk driver parked on the street. Granted it was bone stock but they only gave me $1600. I bought the car back for $200. So, now its in the shop for piant and I came out the pocket for a FULL Authentic Vertex kit with Aero fenders to be installed with the fresh paint. Granted, its is now a salvaged title but I dont think I will be selling this car anytime soon. anyways.

Make sure they take market value and not Bluebook value. Bluebook value will of course be less but market value will be considerably more, in my case anyways. Do your research and find out how much 240's are in your area. If it is indeed more than Bluebook, ask the insurance to do a market value analysis and to provide paperwork for the final decision on lump sum payment. They should be able to provide how the value was determined and what company they went throughto conduct the analysis.

Oh yeah...I had liability coverage as well. If your car was heavily modified, proiding receipts for teh parts you purchased will aid in getting you more money for sure. Insurance is responsible for repairing your vehicle but also, if the damages cost more than the car is worth, it will definitely be totalled. What year is your 240sx? This plays a big role in how much you will be getting from insurance as well as mileage.

GOOD LUCK!

[kyles1988]

If the the only two 240's I know of in my area are worth 25k...would that raise the market value of my S14 that's worth maybe 15k.

[gmarzan]

My advice: If the police report really rest on ur side, I say talk to a lawyer and ask for REAL advice. You can also report the whole case to the NJ Insurance and Banking, which deals with UNFAIR insurance pratices from companies. But, keep in mind it will take time and will require patience. If they found that theyre doing something wrong, they have NO CHOICE but to pay you the value of what you're asking for.

[yokotas13]

why in the fuck are you litening to a mojority of pe9ople, who have no clue

talk to your lawyer. Fuck us on zilvia for legal help

[g6civcx]

Welcome to the judicial system, where people with money and who know the law play, the and rest pays.

Get a lawyer. Either way you will lose a lot of money so be prepared.

Stop posting details about a pending case on the Internet.

Please close thread.

[SIL8089]

you should go to a mechanic and get a complete estimate on what the job is worth and go from there , some dick head hit my fathers tahoe in 2004 and distroyed the rear he hit it so hard it moved a car lenght the tahoe was parked and the driver wasnt payin attention long story short he got an estimate and the car was brand new plus they gave him a rental till the tahoe was ready 4 pick up

[Landers]

i dont know if this has been posted before but be stubborn and striaght up tell them that you are not going to pay for this and you WILL get your money. Sh*t that works with just about anything.

[Steveohoes]

damn that sucks, hopefully everything will work out. It worked out for me with my 1998 TL. I spent 1k for the car for soposly having a bad engine and tranny.....long story short I spent only 2k for fixing it.After having it for 2 months i parked it on the street and some dumb bitch hit it and totaled it. I got 8K from the insurance for a 3k car. With that money i bought a 98 240sx. It was destiny... God hates hondas/acuras

[Gnnr]

This is one of the reasons having a car apprasied for it's actual value is nice. Although if your insurance company is really cool then as long as you have receipts for your parts they "will put it back exactly as it was" (should you have full coverage) quote from my friend's (Broadfield) insurance agent a couple of days ago when he asked.

Not 100% releveant but usually when you're in a bind and searching through threads, moderately relevant info helps.

Yeah, in theory, but it usually doesn't work out that way. Take it from someone who has gone through claims.

[njd07]

I ended up getting $20k for my car alone...but I know have 5 Herniated Disks in my back...so I'm currently workin on medical...

Jason

holy shit 5 herniated disks :eek2:
that really sucks...looked at the pics of your car didnt look to bad..but I guess it could happen. if its 5 disks...I dont think you will be able to do any type of physical work for the rest of your life :( damn that sucks....my worst nightmare.

[bruinbear714]

I would get an estimate from a good body shop to see how much it would cost to fix. Show that to the insurance company and see if the cough up the money. If they don't, take them and/or the lady who hit you to small claims court and ask for the full value of the estimate. That's probably your best bet, since they insurance company does have the right to pay you only up to the blue book value of the car... and sadly 240SX's aren't worth much blue book value not matter how many "mods" you have done to the car.

[98koukile]

If you get an estimate, they will too, and try to meet you in the middle. Get 2 estimates so their's looks completely bogus. Just don't accept any check you don't like. Your insurance company should do something, just so the other company feels the pressure of big time lawyers being a possibility. Go to small claims and see how exactly it wouldnt be her fault. Fuck insurance companies, tell them if they're gunna raise her premium they can afford to pay you

[Gnnr]

He doesn't need to do any of that. His insurance company should have their own people to go estimate the damage, they can send one to his house.

[98koukile]

They already told him they arent handling it because he only has liability. A dick move but not completely unjustified

[Gnnr]

Yeah, I agree. Thats BS. He needs to talk to someone else, and if they don't help, ask to speak to their superior, and if they don't' help ask to speak to their superior. Or he should go to his agent, sounds like the person on the phone just didn't want to open a new claim....

[silnismo]

Basically, i have liability and the bitch who hit me isn;t admiting fault. she totaled it so that means they won;t even pay for the damages. Instead i get a settlement, but they're tryin to fuk me and say they cut me 50% of what they think my car is worth.

talking to agent tommarow, lawyer if nesecssary. these are my only choices it seems.

thx again for all the replys!

[WERDdabuilder]

remember...your back and neck hurts also.

[hijack3d]

I'm not reading everythign so I don't know if this has been covered or not. I was recently in a car accident, and I too have Allstate. I wasn't as smart as you though and I didn't get a police report. Damage was at the MIDDLE of my car, and the damage was on his REAR BUMPER, typical for someone backing into someone else. Because it turned into a one word vs. another scenario, I didn't get a dime.

Here's the facts:

1) Liability does not include COLLISION insurance. Liability is if you're at fault, then insurance will pay.

2) I had liability and COMPREHENSIVE. COMPREHENSIVE also does not include collision. It does include uninsured motorist, but since the other person does have insurance, you're not covered.

3) Insurance companies are required to side with their insured. It doesn't matter if they think their insured is lying or not, they have to side with their insured.

I was bitching to a friend in the police department and he was telling me their position in accidents like this. They are only there to mediate the situation, and make sure all information is exchanged and everyone's license, registration, and insurance is current. You need to provide your insurance company with the reporting officer's badge number, full name, and department. If the police have written statements with her confessing she's 100% at fault, then you have a very solid case. If she said something that could be interpreted any other way, then your case is not so solid. Make sure 100% that the officer has written statements. Most the time (and I'm quoting my friend here) they do not write down statements, especially if there are no injuries, it must be requested.

[silnismo]

I'm not reading everythign so I don't know if this has been covered or not. I was recently in a car accident, and I too have Allstate. I wasn't as smart as you though and I didn't get a police report. Damage was at the MIDDLE of my car, and the damage was on his REAR BUMPER, typical for someone backing into someone else. Because it turned into a one word vs. another scenario, I didn't get a dime.

Here's the facts:

1) Liability does not include COLLISION insurance. Liability is if you're at fault, then insurance will pay.

2) I had liability and COMPREHENSIVE. COMPREHENSIVE also does not include collision. It does include uninsured motorist, but since the other person does have insurance, you're not covered.

3) Insurance companies are required to side with their insured. It doesn't matter if they think their insured is lying or not, they have to side with their insured.

I was bitching to a friend in the police department and he was telling me their position in accidents like this. They are only there to mediate the situation, and make sure all information is exchanged and everyone's license, registration, and insurance is current. You need to provide your insurance company with the reporting officer's badge number, full name, and department. If the police have written statements with her confessing she's 100% at fault, then you have a very solid case. If she said something that could be interpreted any other way, then your case is not so solid. Make sure 100% that the officer has written statements. Most the time (and I'm quoting my friend here) they do not write down statements, especially if there are no injuries, it must be requested.

yup, thats what their insurance company told me too, i think its a fukked up system in general. BUT i did talk to a lawyer and he said i have a legitmate case. police report says " driver #1 was looking to the sides of the roadway, not in the roadway where her vehicle was traveling. driver #1 did not see vecicle back out of parking space..."

ill advise what the lawyer told me and take it to PRIVATE CLAIMS COURT in the special civil parts department, where you go to court but don't require a lawyer. and the judge basically decides who's right.

[drift freaq]

yup, thats what their insurance company told me too, i think its a fukked up system in general. BUT i did talk to a lawyer and he said i have a legitmate case. police report says " driver #1 was looking to the sides of the roadway, not in the roadway where her vehicle was traveling. driver #1 did not see vecicle back out of parking space..."

ill advise what the lawyer told me and take it to PRIVATE CLAIMS COURT in the special civil parts department, where you go to court but don't require a lawyer. and the judge basically decides who's right.

Basically by law even if they side with her, If you have proof beyond reason of a doubt then its her fault period! They must pay.
I went around about this once in Berkeley. I was going through a intersection on a yellow and a guy in a CRX waiting to turn decided he was going to turn left in front of me because the light was yellow. Of course I hit him.
He lied to his insurance company and told them I had run the light . He got a drunk on the side of the street as his eyewitness. His insurance company believed him and fought me for a month, till I took a copy of the police report to them.
In the police report not only did the cops find him at fault but asked if he had been drinking and he admitted to having a couple of beers. LOL they did not cite him for being drunk, but the report was pretty damning. His insurance (AAA) paid me,case closed.
Moral of it is , get the police report and show it to the insurance company. It proves she's at fault. You do not need to wasted money on a lawyer to do this. Do this first, if they still refuse then get a lawyer.

[silnismo]

Basically by law even if they side with her, If you have proof beyond reason of a doubt then its her fault period! They must pay.
I went around about this once in Berkeley. I was going through a intersection on a yellow and a guy in a CRX waiting to turn decided he was going to turn left in front of me because te light was yellow. Of course I hit him.
He lied to his insurance company and told them I had run the light . He got a drunk on the side of the street as his eyewitness. His insurance company believed him and fought me for a month, till I took a copy of the police report to them.
In the police report not only did the cops find him at fault but asked if he had been drinking and he admitted to having a couple of beers. LOL they did not cite him for being drunk, but the report was pretty damning. His insurance (AAA) paid me,case closed.
Moral of it is , get the police report and show it to the insurance company. It proves she's at fault. You do not need to wasted money on a lawyer to do this. Do this first, if they still refuse then get a lawyer.

no no, the police report is siding with me! and their insurance company is only paying me 50%.

[Gnnr]

Where you able to open a claim with your insurance company? Do you have the actual copy of the police report? You can usually get it from the nearest station to where the accident occurred (that should be where the cop is stationed). You can then FAX a copy to your insurance company to review.

[JRas]

insurance company is just trying to save money from not having to pay out the full amount take that bitch to court and get what you deserve

[silnismo]

insurance company is just trying to save money from not having to pay out the full amount take that bitch to court and get what you deserve

in the process of taking her to private claims court....

am gonna make that biatch cry.

[g6civcx]

2) I had liability and COMPREHENSIVE. COMPREHENSIVE also does not include collision. It does include uninsured motorist, but since the other person does have insurance, you're not covered.


This is not true in all states. Uninsured and underinsured coverage requirements are different for each state, but is generally a different line of coverage from comprehensive.

Note that there is a difference between uninsured and underinsured coverage. I'm not going to get into details here but you need to talk to your lawyer.


Stop talking about your accident already. Everything you post about the accident could potentially be introduced into evidence in court and potentially open up Zilvia for liability.

[silnismo]

Good point, got what i needed.
:lockd: :lockd:

[S13SilviaGirl]

Closed @ OP request.