NC wreck, other driver at fault!! Advise please...

by naturalforce76 » Thu Jan 08, 2009 05:44 pm

My husband and my 2 year old son were involved in an automobile wreck due to the other driver's failure to yield to traffic while pulling out of his driveway. The insurance company has stated that despite my husbands vehicle having leather interior, all digital display and electric everything...since the car is older, it does not increase the value of the vehicle. They are offering him around $1300 for a 1990 Chrysler Lebaron that was considered loaded in options.

In addition, the car insurance denied him a rental car from the time of the accident on Friday around 3:30pm until Monday at 6:00pm. They have offered him $100 to reimburse him for this entire time without a vehicle.

Our son has Sensory Integration Dysfunction and the wreck has caused him some serious issues. He flips out every time we try to put him in a vehicle, and is equally upset that he can not ride in "his" car seat. The inside plastic of his car seat was shattered in the back due to the impact.

Tomorrow will be 2 weeks since the wreck and the insurance company only today offered to provide a check available for pick up. It was declared a total loss.

The medical department handling medical bills and "pain and suffering" have yet to contact us nor return any calls.

The total loss department told us that we could pick up the check today to cover the vehicle, car seat, and time without a car and it would not affect any current or future amounts regarding medical bills and pain and suffering.

We are in North Carolina.

Any advice, information, or suggestions would be greatly appreciated.

To note: the driver of the vehicle at fault was insured by STate Farm (the insurance company offering us the amount). He had a rental car for the weekend and a new vehicle in his driveway the MOnday after the wreck. We were told no adjusters were available due to it being the weekend and the holidays.

Total Comments: 4

Posted: Fri Jan 09, 2009 10:23 am Post Subject:

Okay, I'm confused....what exactly is the question in the whole narration?

In addition, the car insurance denied him a rental car from the time of the accident on Friday around 3:30pm until Monday at 6:00pm. They have offered him $100 to reimburse him for this entire time without a vehicle.



What I can understand that the other driver has the rental reimbursement coverage in his policy instead of rental coverage. The rental reimbursement policy is to cover the rent incurred during the period your car is out of service. It, however, wouldn't provide renal car for your use, you were required to arrange it yourself.

Posted: Fri Jan 09, 2009 10:36 am Post Subject:

Hey, Its not unusual for the insurance companies to have two different department of adjusters to handle the property damage and bodily injury claims differently.

The property damage claim adjuster would evaluate the damage caused to the car. And, the BI claim department would take care of the medical expenses, lost wage and pains and sufferings.

Posted: Sat Jan 10, 2009 11:45 pm Post Subject:

I should have been a bit clearer in what I was wanting. But, in answer to the posts...the car insurance company told us for several days they would not reimburse us a rental car at all! It was several days before they agreed at which time we made the arrangements to get the rental car. Our finances did not allow us to go rent one without reimbursement. We did call around up to 50 miles away to see if we could work something out...but they had no cars available due to the holidays. Who would've thought Enterprise would sell out?

Since posting we have finally heard back from the medical department. They have informed my husband that he will need to pay for all of his medical care out of pocket (he has no insurance) for the injuries sustained from the wreck. Once he has completely healed and no longer requires medical treatment, he can then receive reimbursement for his medical bills. Since we can not afford the out of pocket expenses for medical care....we're unable to get him cared for unless we go the the emergency room. But, the agent told us we don't want to do this because there is a cap on how much they will reimburse us for medical and if he makes a few ER visits it will reach the cap and we'll be responsible for the rest ourselves. The agent said he'll have 3 years to file the claim...but after that he can not file. So, he needs to make sure he gets all his treatment for his injuries as soon as he can.

I'm a bit at a loss as to how to get him treated and taken care of without it costing us a fortune.

We finally settled for the vehicle. It was substantially less the what you can replace it for. But they said that since our vehicle was older....all the features it had (such as leather seats, digital display, electronic everything, etc) did not increase it's value at all. Yet, we had been told by our insurance company when we first go the car that all those features increased the value therefore increased his premiums. I don't understand how any of this works at all!

I guess my primary concern now is finding a way to get medical treatment for the hubby when everyone wants payment up front. Thank god there was medical insurance on the baby that's covering it!

And, the insurance agent actually suggested my husband try to get medicaid to cover his medical bills until the time when they would reimburse!!! I was shocked!

Posted: Sun Jan 11, 2009 05:20 pm Post Subject:

Who would've thought Enterprise would sell out?

I would I see it all the time especially on a holiday.. :wink:

Ok, here's the deal on them not being able to put you in a rental for a couple of days...they had to determine liability...which includes talking with their insured, so that is what those two days were about...once they accepted liability they agreed to reimburse those days (since the accident date)...they could not have done anything different and did nothing wrong in this...

Since posting we have finally heard back from the medical department. They have informed my husband that he will need to pay for all of his medical care out of pocket (he has no insurance) for the injuries sustained from the wreck. Once he has completely healed and no longer requires medical treatment, he can then receive reimbursement for his medical bills.

This is standard and the way that injury claims are handled, they are paid all at once when the claim settles...

Since we can not afford the out of pocket expenses for medical care....we're unable to get him cared for unless we go the the emergency room

Well, this makes no sense to me...how are you ok to go to the er which costs like ten times more than the doc?

The agent said he'll have 3 years to file the claim...but after that he can not file

No you have three years (apparently your states statute of limitations) to settle or file suit...

I'm a bit at a loss as to how to get him treated and taken care of without it costing us a fortune.

Pretty simple you find a doc that will file a lein against your settlement, happens all the time...the doc (or hospital) will file a lein with the adjuster which makes the adjuster pay the medical provider out of your settlement before they pay you...

But they said that since our vehicle was older....all the features it had (such as leather seats, digital display, electronic everything, etc) did not increase it's value at all

true in most cases...1990 lebaron is a 19 year old car...you don't say 'which' lebaraon it is, but none of them show any adds ons...so they are telling you the truth about this...

Yet, we had been told by our insurance company when we first go the car that all those features increased the value therefore increased his premiums. I don't understand how any of this works at all!

yeah, well I don't know how long ago you insured this vehicle but I'd say someone is pulling your leg on that one...did you have collision and comprehensive coverage on this car? usually people wouldn't carry that on a vehicle this old..folks typcially carry liability only unless there is a loan on a vehicle of this age...please do make sure and answer that question for me, I may have additional info for you after I get the answer to that question.

I guess my primary concern now is finding a way to get medical treatment for the hubby when everyone wants payment up front

What kind of treatment does you husband need?

Thank god there was medical insurance on the baby that's covering it

How is it the baby is insured and your husband is not? Is the baby ok? You do understand there will also be an injury claim on your child as well right? What are this baby's injurys?

And, the insurance agent actually suggested my husband try to get medicaid to cover his medical bills until the time when they would reimburse!!! I was shocked!

First of all I doubt he qualifys...does your husband work? Do you have any medical on your auto policy? What coverages exactly do you have on your own policy?

Add your comment

Image CAPTCHA
Enter the characters shown in the image.