Total loss, not my fault question

by Guest » Fri Nov 07, 2008 08:37 am
Guest

My car is a total loss according to my insurance. They say it's worth is 2700. They sent me a report of what it would cost to fix it, which is 3215. (this was just according to a visual inspection by my adjuster).
Now shouldn't the OTHER person's insurance co. be doing all this b/c I'm not at fault? (eg, inspection, estimating cost, paying for a rental...)

I told my adjuster that I wanted to have the other co. look at the car. I would also like to take it in myself to a repair shop to see what they say.
Also, my policy says I have a rental car up to 30 days, but she said I only get a rental if I give the car to them, and then I'd only get 3 days of a rental. Right now I'm using my mother's car every damn day.

Then, I got a long letter saying one of the options for the (my) insurance co. is to find me a replacement car, which the girl didn't mention to me on the phone. Then in another section, at the end of the letter, it said if I found a comparable car that costs more than they say it's worth, they'd pay me the difference! I did some searching and to find a comparable car, I'd be paying double what supposedly my car is worth (I got mine w/pretty low miles for its year, 1996).

What the hell? For one thing, I shouldn't have to pay ANYTHING b/c it WASN'T MY DAMN FAULT! And why is my insurance taking care of this, and not the other person's?

(Everyone at the scene of the accident agreed it wasn't my fault, though its not formal yet. And there were 3 cars involved, mine being the middle. The one behind me smashed into me, which made me smash into the car in front of me.)

Right now, I'm waiting for the claims girl to call the other at fault person's insurance co. to come look at my car.

Is all this normal or are they crooks?

Total Comments: 31

Posted: Fri Nov 07, 2008 09:14 am Post Subject:

No problem if you want the other driver's insurance company to handle the case. However, you might not receive more that the actual cash value for the car if it's a total loss. It seems that you have turned the claim to your insurer. It wouldn't be a problem since all the costs will be recovered from the other driver's insurer, including your deductibles, if the other guy is responsible for the accident.

Let the adjuster know that you want to take a third opinion. Hope she won't mind :D

However, I'm at lost on this part, may be an expert will be able to help.

Then, I got a long letter saying one of the options for the (my) insurance co. is to find me a replacement car, which the girl didn't mention to me on the phone. Then in another section, at the end of the letter, it said if I found a comparable car that costs more than they say it's worth, they'd pay me the difference! I did some searching and to find a comparable car, I'd be paying double what supposedly my car is worth (I got mine w/pretty low miles for its year, 1996).

Posted: Fri Nov 07, 2008 09:22 am Post Subject:

I think you're required to re-read the policy document to clear off the confusions. Do you have a replacement clause in your policy?

You can also demand the evaluation sheet from the insurer where they have determined the value of the car. I don't see any reason for you to suspect the insurer's intention. You might have had claimed under your policy and hence they are proceeding with the claim. If you get a better offer from the other driver's insurer you may accept that. But without knowing the condition of the vehicle and the policy verbiage its difficult to determine the wrongs.

~jeremy

Posted: Fri Nov 07, 2008 09:51 am Post Subject:

It's me the guest (i just registered)

Well the car's damage as caused by the accident, totals 1671.52 (repair and labor); with my deductible subtracted, the total is 1171.52.
Then there's the supposed prior damage, which is listed separately, which totals 1544.25. That's how I came to the total I mentioned above.
The car was in an accident when I bought it used, but the previous owner repaired it (at least, it ran fine and no one ever said there was anything wrong).

So, if I got it repaired, I would only repair the post-accident damage, since the supposed prior-accident damage caused me no problems; in which case the estimated total I would have fixed would be 1671.52.
That said, it would cost far less for me to have it fixed than to get another car. I only work part time as well.

The report which stated the prices was all broken down on how much each part would cost, labor, etc. The thing I don't know is how they got the value of the car. I looked in Kelly blue book, and in excellent condition, the car is worth about 4700; there was no option to see what it was worth in good or fair condition.

Comparable cars I'm finding online, ALL with much higher mileage, are between $4000 - 5000.

I found this in the contract:
Rental charges will be reimbursed beginning:
1. when the covered auto cannot be driven due to a loss; or
2. if the covered auto can be driven, when you deliver the covered auto to an auto repair shop or one of our Claims Service Centers for repairs due to the loss;
and ending the earliest of:
1. when the covered auto has been returned to you;
2. when the covered auto has been repaired;
3. when the covered auto has been replaced;
4. 72 hours after we make an offer to settle the loss if the covered auto is deemed by us to be a total loss; or
5. when you incur 30 days worth of rental charges.
So how is she getting "you only get 3 days of rental" from this?

Also I couldn't find anything that stated what was stated in the letter I got.
Regardless, the other company should be taking care of this right?

Posted: Fri Nov 07, 2008 10:23 am Post Subject:

Regardless, the other company should be taking care of this right?



Ideally, when the other driver is responsible for the damages, his/her insurer should take care of your damages. However, it doesn't make much difference if your insurance company attains to the matter. Many might even prefer turning the case to their own carriers since it would settle the claims faster.

Now, what I can make out from your post isthat the insurance company has deemed the car as totaled and therefore, since they have made the offer to you already you will get rental for 3 days, as stated in the policy, check the 4th point of the document….

4. 72 hours after we make an offer to settle the loss if the covered auto is deemed by us to be a total loss



However, just hang tight, the other members will be soon around to help you out.

~jeremy

Posted: Fri Nov 07, 2008 12:57 pm Post Subject:

Is all this normal

yes

or are they crooks?

I don't know but not in this instance...they are handling your claim by the book...

Do you have a replacement clause in your policy?

Jeremy you're confusing auto with homeowners, all comp and collision coverages are ACV, unless it's a stated amount which this one isn't.

Ph, your calculations are all wrong...

Well the car's damage as caused by the accident, totals 1671.52 (repair and labor); with my deductible subtracted, the total is 1171.52.
Then there's the supposed prior damage, which is listed separately, which totals 1544.25. That's how I came to the total I mentioned above.



You take the vehicles ACV (actual cash value) then subtract this prior damage of 1544.24 or a percentage of that, then THAT is the value of your vehicle....I don't know if this 2700 is before or after the prior damage which makes a big difference in this claim...if you want give me either the VIN, or the yr/make/model/mileage and ALL options, I'll run a value...this 1544.24 is coming off the value not being quoted to repair....remember that...as to the replacement vehicle locator, many company offer this...it won't be in your policy...and it's optional...(IMO ignor it in your case)

Regardless, the other company should be taking care of this right?

Yes, if their policy is good, if they accept liability and if you want to wait...but your rental coverage will not pay for your rental while you are waiting on them...have you even talked to the other carrier yet?

The other carrier would owe you rental from the time they accept liability (or loss date) until your vehicle is repaired or an offer of total loss settlement has been made, same as your carrier....

If you want the other carrier to handle this, then call them ASAP, and see where they are on their end of the claim re: investigation etc.

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