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 Posted: Thu May 21, 2009 2:56 pm Post subject: |
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| Quote: | | If their insured keep denying the responsibility, wouldn't they believe him in absence of records to prove otherwise and drop OP's claim? |
If it came down to one person's statement vs another, I'd say that they should place more weight on their insured's statement as they have a duty to defend their insured. But there is more information that can be considered in this case, the impact to the two vehicles, the information on the police report, etc. Parking lot accidents are always a pain in the butt. It's because the accident involves such a small area that every little detail matters (one foot can make a big different). Also, it almost always involves some negligence on both parties to some degree. |
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tcope
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| Posted: Thu May 21, 2009 4:32 pm Post subject: |
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| Another update, I've been speaking to our INS co throughout this ordeal. I asked her if I should go get a copy of the police report and she said to hold off on it till she talks to the adjuster handling the claim. Although they are not involved in this at all she offered to make the call on my behalf. She also said I might have to go to a magistrate to get a copy of the tape to the INS co. Why must we do all the work? My son was clearly in the exiting lane of the parking lot when the other boy parked his truck in a parking space and decided to back up, not looking he hit my sons car. I was also told a copy of the police report is $15.00, how much would a magistrate cost, any ideas? It really seems like we are getting the shi*** end of the stick on this one. I'll update when I hear from our INS co. |
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flowerpower
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| Posted: Thu May 21, 2009 9:29 pm Post subject: |
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| OK, I heard from the girl from our INS co who offered to call the girl handling the claim for my son. She pretty much said the deal with the tape is a non issue at this point, they have pretty much accepted the fact that it was their drivers fault and not my sons. She then sent me an email asking for options in my sons car like power windows, door locks etc so she can update the evaluation to determine if the vehicle is repairable. I gave her a list of everything in the car. So now I guess I wait and wait and wait. I'm getting pretty good at this waiting. Can anyone guess as to how long it should take from this point in the process? Will they call or just send a letter/check? Hopefully a check. |
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flowerpower
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| Posted: Fri May 22, 2009 5:49 am Post subject: |
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| Quote: | | She pretty much said the deal with the tape is a non issue at this point, they have pretty much accepted the fact that it was their drivers fault and not my sons. |
That's quite a relief for you then 
| Quote: | | Can anyone guess as to how long it should take from this point in the process? |
I think you must now wait for a call from the adjuster with the offer. If they have accepted the liability already then it shouldn't take them much time to write the claim check.
Have you heard anything from them yet? What are they planning to do with the car repair it or declare it totaled?
I think you don't want them to total the vehicle but if they do so then it would be another round of negotiation about whether or not they let you retain it.
I pray that things straighten out soon for you.
~Jeremy |
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JeremyHolter
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| Posted: Fri May 22, 2009 12:26 pm Post subject: |
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Shouldn't be much more than a day or two to determine your vehicles ACV
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Lori
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| Posted: Fri May 22, 2009 1:41 pm Post subject: |
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| I haven't heard anything yet from the girl handling the claim. It's not even 24 hrs since she emailed me asking about all the options in my sons car. Hopefully it will be straightened out by sometime next week. Who knows maybe I'll hear something today. Keep ya all posted. |
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flowerpower
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| Posted: Fri May 22, 2009 4:03 pm Post subject: |
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| Another update, I heard from the adjuster this morning through an email. Yesterday when she wanted to know all the options in the car I mentioned some of the repair work that has been done to this car in the past year. It is because of this that he wants to keep the car. He has put allot of money into it and would like to keep it for a while. Along with regular oil changes and inspection he replaced the front struts, had the abs lights fixed, had a noise in the floor fixed, replaced the front brakes and 2 calipers and had the electronic traction control and the engine light serviced front end align and 2 new front tires. A good estimate on what he spent is about $1500.00, that's why he wants to keep the car. She replied this morning and said about the only things that would increase the value would be the brakes and new tires. So I had to provide the dates, $ amount and mileage. How is it looking now? Is there any hopes of getting the money to fix it? |
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flowerpower
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| Posted: Fri May 22, 2009 4:06 pm Post subject: |
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| Sounds like they are going to consider it a total loss. |
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tcope
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| Posted: Fri May 22, 2009 5:41 pm Post subject: |
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I don't understand why they would consider it a total loss. She told me the other day "it looks like this is going to go through".
If she does say total loss, can I refuse it, agree to take less money and pay the difference ourselves? |
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flowerpower
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| Posted: Fri May 22, 2009 7:32 pm Post subject: |
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| Quote: | | She replied this morning and said about the only things that would increase the value would be the brakes and new tires. So I had to provide the dates, $ amount and mileage. |
First time I've heard that...(tires if BRAND NEW 'maybe' but not total amount)...I'd never ever ever add value to a vehicle for brakes... | Quote: | | How is it looking now? Is there any hopes of getting the money to fix it? |
Maybe, you do understand even if it is deemed a total loss you all can retain the vehicle right? They will just subtract the salvage value from your settlement.
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Lori
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| Posted: Sat May 23, 2009 9:25 am Post subject: |
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| Quote: | | If she does say total loss, can I refuse it, agree to take less money and pay the difference ourselves? |
Yes, you can and if you insist on retaining the car the adjuster would then write you a check deducting the salvage value. You would then receive little less for the car than was offered by the insurer as 'totaled value'. |
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jeorge
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| Posted: Sat May 23, 2009 1:57 pm Post subject: |
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| Quote: | | You would then receive little less for the car than was offered by the insurer as 'totaled value'. |
The OP would then also most likely have a vehicle with a salvage title that may or may not be able to be registered for use on the the road. State laws differ. |
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tcope
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| Posted: Sun May 24, 2009 11:38 am Post subject: |
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Exactly that's why he needs to check with his states dept of ins and dmv...
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Tue May 26, 2009 8:02 pm Post subject: |
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Another update
I knew with the long weekend we would hear nothing, and today has been no different. If it helps we live in PA and I know absolutely nothing about insurance laws and salvage laws and total loss laws. I can say this, my son cannot express how much he wants to keep this car. We will refuse anything other than a repair of this vehicle. If we have to take less money we will and pay the difference. The estimate was for $2500.00. I am willing to take $2000.00 no less. Is anyone here familiar with PA INS laws who can help us out in our negotiations. Tomorrow is 2 weeks that I submitted the claim. Is there anything more we can do? |
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flowerpower
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| Posted: Tue May 26, 2009 8:57 pm Post subject: |
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I had something like this come up with my mother's car a few years ago. Allstate wrote it up as a "total." I talked with a body shop guy, though, and he figured out a way, using salvage parts, to rescue it. Maybe your son could find a local, no-frills shop to help him. If the car can be driven, I wouldn't get in a hurry.
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