by Rb13 » Mon Dec 08, 2008 05:06 pm
Okay, I was rear ended about a month ago in my Subaru Outback. My car has been in the shop since then and State Farms did not total it. It did about 13,800 worth of damage to my car that they valued at 16,000. I've been in a rental that they are paying for and my estimated date of completiion is 12/31/08.
But, they are fixing it and I'm happy. My accident was on 11/6, and I got a letter dated 11/7 from State Farms indicating that they understood I was pursing an injury claim. I was extremely sore, but I didn't feel I was injured severely. I did miss that day and the next day from work, but layed around over the weekend and was back at work on Monday. By the end of that next week, I felt pretty good and didn't even need to take advil anymore for the soreness, so I didn't go to the doctor. Why load up unnessecary doctor bills that may or may not get paid?
Anyway, I called today to try and get reimbursement for those two days that I took off from work and the agent says, "Oh, I didn't realize you were injured."
I answered, "Really, because I'm holding a letter from you dated for 11/7/08 indicating you realized I was pursing a claim."
She then said, "Well, that letter wasn't intended for you. It was meant for the injured man in the accident."
WHAT? I then explained I was alone in the car, and she said, since it was a 3 car accident, it was for one of the other men injured in the other car.
Then she said, "Well, what kind of injuries do you have and when did you go to the doctor?"
I answered, "My chest was bruised and swollen from the seat belt. And my neck and back was sore for a couple of days. I missed two days from work. I did not feel I needed to seek medical attention any further than the care I got at home."
"So you didn't go to the doctor?"
"That's correct."
"Okay, well, fax me your payroll stub showing you missed those two days and I"ll review it and let you know."
So, my problem is, I took time off leave for those days, so those days aren't showing on my payroll stub. I can attach my timesheet, which I will, but they will how as time off leave. Are they not going to pay me for those two days and is there anyway they won't pay me because I didn't go to the doctor?
But, they are fixing it and I'm happy. My accident was on 11/6, and I got a letter dated 11/7 from State Farms indicating that they understood I was pursing an injury claim. I was extremely sore, but I didn't feel I was injured severely. I did miss that day and the next day from work, but layed around over the weekend and was back at work on Monday. By the end of that next week, I felt pretty good and didn't even need to take advil anymore for the soreness, so I didn't go to the doctor. Why load up unnessecary doctor bills that may or may not get paid?
Anyway, I called today to try and get reimbursement for those two days that I took off from work and the agent says, "Oh, I didn't realize you were injured."
I answered, "Really, because I'm holding a letter from you dated for 11/7/08 indicating you realized I was pursing a claim."
She then said, "Well, that letter wasn't intended for you. It was meant for the injured man in the accident."
WHAT? I then explained I was alone in the car, and she said, since it was a 3 car accident, it was for one of the other men injured in the other car.
Then she said, "Well, what kind of injuries do you have and when did you go to the doctor?"
I answered, "My chest was bruised and swollen from the seat belt. And my neck and back was sore for a couple of days. I missed two days from work. I did not feel I needed to seek medical attention any further than the care I got at home."
"So you didn't go to the doctor?"
"That's correct."
"Okay, well, fax me your payroll stub showing you missed those two days and I"ll review it and let you know."
So, my problem is, I took time off leave for those days, so those days aren't showing on my payroll stub. I can attach my timesheet, which I will, but they will how as time off leave. Are they not going to pay me for those two days and is there anyway they won't pay me because I didn't go to the doctor?
Posted: Mon Dec 15, 2008 03:52 pm Post Subject:
Well, I'm still waiting on word from the adjuster on payment of those two days. I haven't heard anything from them.
I don't think I'll get an attorney, I seriously doubt one would even take my case for two days lost of work. I may go to the doctor, but again, I 've heard horror stories that since it's been more than a month since the accident, the insurance company could refuse to cover any of my expenses.
My car will be ready on 12/31 - almost 8 weeks after the accident. I'm not too concerned with the resale of my car as we have planned since we purchased this car to simply pay it off and then have it for my son to drive once he turns 16. We won't be trading it in or selling it anytime soon. Besides, after this accident we are convinced it is the perfect car for him! Considering I was stopped and the guy in a Jeep Wrangler (with a ranch hand) slammed into me doing 60 mph and I walked away without injuries and my car was CRUSHED...only illustrates that my Subaru absorbed most of the impact. To us, it seems pretty safe and reliable for our son!
Posted: Tue Dec 16, 2008 01:22 am Post Subject:
Rb, when was the last time you talked to her?
Subaru's are top of the line re: safety and re=sale, I would feel very comfortable putting a kid of mine in a good subaru(GIANT pain in the a** when it comes to getting parts though)...
You are a third party claimant and you are entitled to a diminished value claim...I think you need to tell the adjuster that you want to pursue a 'diminished value claim'' it is very VERY rare (or unheard of) for me to encourage anyone to do this but since (IMO) this adjuster is stupid...and may just cause you way too much grief for two days of loss wages, (already has IMO) I think you should pursue it...anyway...third party claimants (other company) are entitled to this...she will likely ask you why or how much you want...(dv is the difference in value before and after the repairs that you would in theory lose on resale or trade...thanks to sites like car fax this info will be available to any buyer) anyway i think you should tell her you want to pursue a dv claim, and if she asks you why tell her you think the trade value and/or re-sale will be less when the prospective buyer sees there has been a 14k repair, and you will get back to her on the amount you think you are due for this dv .... if you decide to do this, let us know and we can help you come up with that figure...or a range...(without paying for it)...
(For those reading this, and not believing their eyes...i am ONLY recommending dv in this case, because i think she's being jacked around by this adjuster/carrier...and want her to recoup her loss of wage in one way or another...and she is alllowed to pursue it...and frankly i'm really ticked off at this adjuster... :x )
Posted: Tue Dec 16, 2008 08:56 pm Post Subject:
Lori - It's been over a week now since I've talked to State Farms. When filing a DV claim, should I wait until all repairs have been made?
Posted: Tue Dec 16, 2008 10:01 pm Post Subject:
I just called and left another message with the adjuster. However, I did also speak with the property damage adjuster (they are handled by different departments) and she confirmed my vehicle is still on schedule for being ready on 12/31. She also added that an adjuster would be out to my home to pick up the car seat that was in the accident in order to purchase a replacement. Does that mean my child will not be able to ride in my car during this time? That seems kinda ridiculous.
Also, she said that before I can pick my car up an adjuster would be out to the body shop to review the final bill, repairs and any possible DV claim and would get in touch with me regarding the amount.
Posted: Tue Dec 16, 2008 11:50 pm Post Subject:
When filing a DV claim, should I wait until all repairs have been made?
you already did it, but yes, however you should (and you did apparently today) put them on notice that you intend to pursue a dv claim...some states it's kind of automatic...you need to start doing some research on your state, go to your states dept of ins website..(ie MO Dept of Insurance on google) then look around till you find under auto policys or claims dv claims...see what your dept of ins says about this...Since this company is specialized in their claims handling the property damage adjuster will likely be the one to handle the dv claim as well..Does that mean my child will not be able to ride in my car during this time? That seems kinda ridiculous.
yes, it is ridiculous, i always tell people to replace it then i pick it up...they owe you for what you had, but you don't have to replace it with that...you can get whatever you want...double check this with the adjuster (PD adjuster) and ask if you will be paid PDQ on that seat (you should be paid within a day or two)...and in truth they should pay you for it BEFORE they take it...Also, she said that before I can pick my car up an adjuster would be out to the body shop to review the final bill, repairs and any possible DV claim and would get in touch with me regarding the amount
That's great...some states dv is almost automatic, the amount won't be though, that's why you need to check with DOI of your state...if you need some help just let me know the state...STILL nothing on these two days of lost wages? If I were you I'd give her till thursday, then I'd call back, if you get her voice mail hit zero, it should route you to someone else, ask to speak to the branch manager...this is soooooooo stupid i just can't believe it...
Posted: Wed Dec 17, 2008 12:11 pm Post Subject:
I would give a quick call to the adjuster concerning the car seat and maybe borrow one in the mean time. I can not believe the hard time over these lost wages. She really is entitled to them. Its hard when your the victim and you have to go through all these headaches. Sometimes it can feel like it never ends. I have been following your post and hope everything works out well for you.
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