Author Topic: Lawyers, insurance and me  (Read 1494 times)

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Offline 74cb750

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Lawyers, insurance and me
« on: March 07, 2007, 01:37:20 PM »
HI Everyone,
need a little help here:
A few weeks ago I was rear-ended, resulting in my car being totaled
while sitting at a stop light.
Her, the "hitter"'s, insurance company (USAA) wants me to settle for $800
less than what I paid for the car 3 weeks earlier!

 USAA insurance company refuses to pay for
the rental car I needed/need (currently borrowing a car to make it to work),
storage costs of my totaled car and my lost income (2 days missed work).

So, should I contact a lawyer, borrow money to buy another car etc etc?

Whaddaya think?
peeved but peace anyways,
michel
PS know any "good" lawyer in southern Vermont/southwest NH?
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Offline Bob Wessner

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Re: Lawyers, insurance and me
« Reply #1 on: March 07, 2007, 01:45:07 PM »
I take it Vermont is not a no-fault state?
We'll all be someone else's PO some day.

Offline 74cb750

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Re: Lawyers, insurance and me
« Reply #2 on: March 07, 2007, 01:52:21 PM »
Yes, but sorry forgot to mention the accident
happened in Keene, NH
michel
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Offline mlinder

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Re: Lawyers, insurance and me
« Reply #3 on: March 07, 2007, 03:01:20 PM »
Lawyer.
Or, at the very least, call em and say "No, sorry, I'm about to call my lawyer, at which point you'll have to pay all of that as well as my attorney fees. This is your last chance to make good..."
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Offline nickjtc

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Re: Lawyers, insurance and me
« Reply #4 on: March 07, 2007, 03:02:54 PM »
Lawyer.
Or, at the very least, call em and say "No, sorry, I'm about to call my lawyer, at which point you'll have to pay all of that as well as my attorney fees. This is your last chance to make good..."

Good advice. Do it.
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Offline mlinder

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Re: Lawyers, insurance and me
« Reply #5 on: March 07, 2007, 03:09:51 PM »
My grandfather owned a very upscale insurance agency for about 50 years. I'll call him tonight and see what he has to say.
Can you give us some more information?

Currently he is hired as an expert witness against insurance companies who do not want to pay what they should be paying.
Funny thing, one person hires a laywer for 180 grand and only gets 650 grand for their burnt down 900k house.
Another hires my grandfather for 30k and gets 850k for their burnt down 850k house.
(same fire, I should add. Painted Cave fire of Santa Barbara).

You do the math :)
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Offline number13

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Re: Lawyers, insurance and me
« Reply #6 on: March 07, 2007, 03:58:48 PM »
Hey 74CB750 -

Are YOU insured?
If so, call your agent. Last fender bender I had
was actaully paid my insurance company, then
they sued the guy that hit me. This was only
possible because I  carry Uninsured/Underinsured
coverage along with Liability.
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Offline mlinder

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Re: Lawyers, insurance and me
« Reply #7 on: March 07, 2007, 04:00:58 PM »
Hey 74CB750 -

This was only
possible because I  carry Uninsured/Underinsured
coverage along with Liability.

This is the #$%*. Will save your ass.
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Offline 74cb750

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Re: Lawyers, insurance and me
« Reply #8 on: March 07, 2007, 04:26:26 PM »
Had minimum coverage, as it was a 1998 Honda Civic,
no uninsured motorist or anything like that.
My insurance co. Progressive said they are not in a position to
help me because I didn't carry Comp or collision, just liability.

Driver whom hit me was going 45-60mph, in a 40 mph zone,
talking on a cell phone (it is assumed).
I was stopped, waiting for light to change.
4 vehicles were hit in a chain reaction, only she was charged
by the police.
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Offline Jerry Rxman Griffin aka MuthaF'er

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Re: Lawyers, insurance and me
« Reply #9 on: March 07, 2007, 05:05:08 PM »
OK,
She's been cited. Means she's at fault. Rear ended, huh?! I'm sure your back and neck have tightened up and are beginning to hurt very badly!!. I think you need to see a doctor and ask USAA 2 questions you should ask USAA: who should you send the doctor's report and the police report to AND especially this - What are her insurance limits. Probably $100,000/$300,000. Thats the max they will pay without being sued for more. Guarantee those 2 questions will get their attention. THEN talk to an attorney if they don't want to help you out.   
 
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Offline seaweb11

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Re: Lawyers, insurance and me
« Reply #10 on: March 07, 2007, 05:06:33 PM »
Christ, even my neck hurts from here ;D

Offline mb3000gt

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Re: Lawyers, insurance and me
« Reply #11 on: March 07, 2007, 06:10:36 PM »
i'd call them again and say that you will not settle on their terms and will be forced to hire a lawyer. the problem getting a lawyer is that you only have a small property damage claim. a lawyer will charge by the hour or take a third, which in this case may not be worth it for either of you. if you havent seen a doctor yet you should go see one. the possibility of a a personal injury suit will always give you more leverage in settling the property claim. In the future you should see doctor immediately. usually insurance companies will pay high book value and the cost of rental, storage, ect. so keep fighting. goodluck.

Offline jtb

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Re: Lawyers, insurance and me
« Reply #12 on: March 07, 2007, 06:18:09 PM »
Michel,  Get a lawyer.  I had the same accident in GA 20 years ago.  I settled for my medical bills.  20 years later, I've got spurs in my neck, and pain.  Don't let 'er off.
John
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Offline TwoTired

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Re: Lawyers, insurance and me
« Reply #13 on: March 07, 2007, 07:08:31 PM »
Insurance companies always make a lo-ball offer initially to save themselves money.  I don't think they really expect you to take it,  But if so, sweet deal for them.

Car value.  If you did not over pay for the vehicle and and show them receipts, they should upward revise their offer.  If the car is totalled, and they value the car less than book, then challenge them to find you one in similar condition to replace yours.  You don't have to accept any of their offers, technically.  They will certainly try to wear you down and hope you get desperate for some kind of pay out...any payout.

If you're asking for an amount below what small claims court can handle, take the in. co. to court for a reasonable settlement.  This is where those receipts, plus any improvements, taxes, or fees, you made toward the vehicle will be truly considered by the judge.  Don't forget to document lost wages and any doctor bills resulting from the accident.
Usually such documentation will make the ins company see reason and offer fair settlement.  Otherwise, it's lawyer time.  And, that's another expense to add to the settlement.

Remember, is is easy for you to get emotional, and ins co.s will try to take advantage of that, too.  The companies are emotionless.  You have to be a colder hearted bastard than they are.  But, don't lose your temper, curse, or present anything other than a reasonable and fair persona, who simply wants proper restitution.

Best of luck,

Lloyd... (SOHC4 #11 Original Mail List)
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Offline BobbyR

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Re: Lawyers, insurance and me
« Reply #14 on: March 07, 2007, 07:36:08 PM »
In any accident you are actually suing the individual not the Insurance Company. The Insurance Company has agreed to cover any covered losses that individual incurs. You do not need a Lawyer to file a suit against the driver. You have her served and she will turn that over to her Insurance Company. They will have to answer the complaint.

What was your postion in the chain of cars that were hit? Some drunken woman in a 1968 Coupe Deville smashed into a Camaro at like 40 mph behind me. With his brakes locked, she pushed him into my Mustang. The Camaro's company gladly paid me and went after her for the total bill.

Most of all, keep your mouth shut when dealing with the adjuster. He is not a nice guy/girl.  If asked how are you feeling something like "as good as can be expected" is a good answer. If you have a figure in mind as to what you want, your mantra is I want $XXXXXX for my car, my health is a separate issue. Be a prick - they are.
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Offline 6pkrunner

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Re: Lawyers, insurance and me
« Reply #15 on: March 08, 2007, 05:20:46 AM »
Hey 74CB750 -

Are YOU insured?
If so, call your agent. Last fender bender I had
was actaully paid my insurance company, then
they sued the guy that hit me. This was only
possible because I  carry Uninsured/Underinsured
coverage along with Liability.

-exactly. go through your insurance. They take care of you and will sue her company for restitution.

Offline martini

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Re: Lawyers, insurance and me
« Reply #16 on: March 08, 2007, 06:40:41 AM »
As a lawyer who used to work for insurance companies, here is what you do, and its already been said - call them up telll them you are not happy with there offer, not happy with the fact they are not paying for a rental vehicle, that you are going to see a doctor and immediatley after that a lawyer. That will get their attention. If you are still not happy after that you really should go see a lawyer.

My 2 cents.

Offline 74cb750

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Re: Lawyers, insurance and me
« Reply #17 on: March 08, 2007, 09:16:38 AM »
Thanks for the advice all.
Really was thinking of seeing if they will replace my car, as
I have been looking for 4 weeks and have not found ONE
close to the same price!
I asked them to replace the car, the reply was:
"It's not up to us to replace your car, just it's value."
Yesterday I recieved a letter stating they will offer me $2,860.00 for the car
and no longer cover any rental costs/ & storage costs of my totaled car,
 past 2 weeks of accident, starting on march 2nd,
yes, 5 days before they sent the letter!
All vehicles I have found exactly the same as mine are $4,000 minimum.
Hmmm....

Ok so far I am accruing $35/day for totaled car storage, $25/day rental car....since
march 2nd. THis is adding up very fast.

USAA ins. co. offered to sell the car to me for $600. I don't want it, as it is very totaled.

I never loose my temper while talking to cops/lawyers/wierd people as that always
makes any situation worse.

So? I should sue the driver of the hitter? Guess that is the way I will go.
Then a lawyer, but I fear the lawyer will take more $ than the car is worth?

Well, I'll keep you informed.
Thanks again,
peace,
michel
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Offline DammitDan

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Re: Lawyers, insurance and me
« Reply #18 on: March 08, 2007, 10:41:55 AM »
I'm thinking that if you hire a lawyer, then the lawyer's fees will either be covered in the settlement or awarded to you as part of the judgment.  But you'll have to request that.
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Offline martini

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Re: Lawyers, insurance and me
« Reply #19 on: March 08, 2007, 03:36:14 PM »
A lawyer will take the case on a contigency, which means you wouldn't have to pay anything up front but the lawyer will take 25-30% of anything he gets for you. Sounds like alot but a lawyer will get more than you'll get on your own - guaranteed.

Offline 74cb750

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Re: Lawyers, insurance and me
« Reply #20 on: March 11, 2007, 08:03:15 AM »
Update:
called my ins.co. and even though I did not have collision coverage
seems USAA ins.co. broke the law by refusing to pay full cost of
car rental.
Actually recieved a call on Saterday (which I missed). SO
hopefully they will pay up a fair amount.
If not, I guess it is lawyer time.
thanks all,
michel
Laugh at least once a day.
Life  $ucks, then you die.
You are entitled to your own opinions, but not your own facts.
God forces us to live with  non-believers to test our resolve.