Can I go after the other ins company myself? Is the an agenc

by walter.robb » Tue Mar 02, 2010 04:40 pm

My 350z was parked with the door open & was hit by a man in a truck. We exchanged info He had Liability but his insurance company couldn't contact him (he has no phone). 8 days later I rear ended a car (my fault) now Ameriprize (my ins. Co) has Totaled my car aprox 6.5K with a week of rental minus minus the 3k. (damages to door) that they say they will go after the other guys ins. co. I drove my car from the seen 20 miles, then to Santa Clara 55 miles the next morning the car drives fine. I would like to fix my car, damages to the front are aprox.8k with about 2500 plus for the air bags. If they would have had my car in the shop with in week we wouldn't be having this conversation. Can I refuse these checks coming to my house & go after the first guys ins myself & demand the full amount for the front end. Also is there an agency that polices the ins. companies. Walter with the 2003 350Z

Total Comments: 5

Posted: Tue Mar 02, 2010 05:09 pm Post Subject:

When I break down what you are saying it does not make sense.

You rear ended another vehicle and this was your fault... hence the front end damage. Now you are asking if you can seek payment for this front end damage from the company that owes for the door?

The state has a Dept of Insurance to monitor insurance companies.

PS Most states have a statute that states a person exited or entering a vehicle needs to close the door on soon as possible. That is, it should not be left open.

Posted: Tue Mar 02, 2010 05:49 pm Post Subject:

go after the first guys ins myself & demand the full amount for the front end.



Ahhhh no.

Posted: Tue Mar 02, 2010 09:15 pm Post Subject:

I think what the OP wants to do is go after the person that caused the damage to the door and then go through their own carrier for the front end damage and hopefully with the lack of prior damage (door) it would not total the car.

Never had one of these types of claims, so I won't comment. Any ideas with this scenario?

Posted: Tue Mar 02, 2010 10:02 pm Post Subject:

I think that is a grey area but as the OPs carrier, I'd still total out the vehicle as the value of the vehicle is based on it's condition at the time of the accident they are addressing. The existing damage would reduce the value.

Otherwise anyone could just "promise" to have all kinds of work done to a vehicle in order to have it not deemed a total loss. It would defeat the reason why the state requires the carrier to notify them a vehicle has been declared a total loss.

Posted: Tue Mar 02, 2010 10:28 pm Post Subject:

Yeah, I'd total it too..and no Walter you can't refuse the drafts, and insist your carrier only fix the front end, ignoring the door, the damage to your door reduces your vehicles value.....by the way

the 3k. (damages to door) that they say they will go after the other guys ins. co.

3k for a door (and presumably detrim and blend both ways), was 3k? And if they say they are going after this guy, that would me that you have a second claim on the door damage, and another deductible...right? And if I'm understanding your numbers correctly (and admittedly I may not) the front end would've totaled your vehicle anyway without the door damage, 6500 (acv or amount they say your vehicle is worth) + 3k for door =9500.00 acv right? if the front is 8k damage, that'll do it, on it's own most likely.

Also is there an agency that polices the ins. companies.

yeah, we knew that..what's it got to do with well, anything?

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