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 Posted: Thu May 14, 2009 11:07 pm Post subject: fender bender |
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| My son's car was hit last week in the parking lot of a Giant Food Store. He was backing out of a parking spot and driving forward when a kid in a dodge ram truck backed up into his left front fender damaging the fender the hood and also cracked the windshield. My son's car is a 97 Chevy Cavalier Z24. I know it is 12 years old but he loves the car, he is slowly making some needed repairs on it has put a great deal of money into it and he wants to keep it. The kid who hit him said he would pay for the damage which was $2500.00 as long as my son signed a paper stating he would not have to pay any more for any hidden damage. We advised him not to sign anything so the kid decided to think about it for a day. In the meantime we figured $2500.00 was acceptable and called the kid to inform him of our decision. The next day my son and the kid who hit him made arrangements for payment to take place this past Tuesday night. The accident happened last Thursday. Early Tuesday evening my son got a text message saying he would not pay the money and we should report it to his insurance. I did that the next day, now I am almost sorry I did because I fear the insurance company declaring it a total loss. Was I wrong in reporting this, can I cancel the claim and take the kid to small claims court? My son will do anything to keep this car. Please advise. The car is driveable and the truck took almost no damage at all. I wanted to also add this was reported to the police and they listed the boy driving the truck as responsible for the accident. I did give the info from the police to the insu company. I don't think I have the nerves to sit around and wait much longer. |
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flowerpower
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| Posted: Thu May 14, 2009 11:37 pm Post subject: |
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If you filed in small claims court the outcome would be the same. If the vehicle is a total loss, it's a total loss. What would happen if you filed is the insurance company would hire an attorney. Discovery is allowed in Small Claims Court and they would obtain a copy of the repair cost. If it was 80% or more of the value they would go into court and show the judge that they were required to handle it as a total loss.
Every state I know of has statutes that state when an insurance company needs to consider a vehicle a total loss. So it's not the insurance company that dictates this, it's the state.
What is the NADA value on the vehicle? More then $3000? If it's less then $3000, then the vehicle would probably need to be considered a total loss. You can wait to hear what the insurance company says and then go from there. |
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tcope
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| Posted: Fri May 15, 2009 4:03 am Post subject: |
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Hi Flower,
Yes, I agree with Tcope. If the insurance company adjudge the car as total loss then its a total loss. However, please elaborate the following statement
| Quote: | | he is slowly making some needed repairs on it has put a great deal of money into it and he wants to keep it. |
Does that mean that your son has already done some repair work on the car even before the claim adjuster could take a look at it?
Thanks,
Rupert |
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RupertWBradson
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| Posted: Fri May 15, 2009 10:30 am Post subject: |
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| Quote: | | Early Tuesday evening my son got a text message saying he would not pay the money and we should report it to his insurance. |
Flower, I’d say that what has happened; happened for the good. You would read many stories across this board where the parties agreed to arrange things between them in desire to leave the insurance carrier away. But in most cases it turned out to be a nightmarish experience for them.
it's always wise to get the insurance company involved in the act before its too late and you're deep buried in the jam. The insurance company can later on even deny the claim if it wasn't reported on time. |
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simon
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| Posted: Fri May 15, 2009 12:18 pm Post subject: |
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| No, the work he has had done was new struts, and he had the ABS lights fixed plus a front end alignment. Nothing has been touched on the car since the accident. All this work was done over the past 6 months. This accident happened last week. I think next he wants to change the tran fluid. It's just some minor repairs he was doing slowly. Absolutely nothing has been done to the car since this happened, except the crack in the windshield is traveling. Does anyone know about how long it will take to hear anything from the insu co? If they declare it a total loss can we agree to accept less for the damage and pay the difference out of our pocket? |
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flowerpower
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| Posted: Sat May 16, 2009 5:02 am Post subject: |
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| Quote: | | Does anyone know about how long it will take to hear anything from the insu co? |
Well, if everything goes right then it shouldn't take them more than a month to settle things, but that would mean that the adjuster was prompt in determining the worth of the damage and offer a value that is satisfactory.
By the way, have you been contacted by the adjuster yet?
| Quote: | | now I am almost sorry I did because I fear the insurance company declaring it a total loss. |
It seems that there is no official declaration from the insurer's side that the car would be totaled, right?
Thanks,
Rupert |
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RupertWBradson
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| Posted: Sat May 16, 2009 1:21 pm Post subject: |
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I have not heard anything from anyone since the day I contacted the insurance company. I initially spoke to a person who then assigned the claim to an agent. I did speak to her late Wednesday and she told me she was waiting to hear from the boy that hit my sons car to verify what had happened. She also asked if I had pictures of the car which I did send her. On Thursday morning I took some more pictures of the whole car not just the damaged area to show her the car was not some piece of junk like the boy who hit it said it was. This car has been well taken care of by both my daughter when she had it and when she gave it to her brother. When I sent those pics to her I asked if she had ever heard from the party responsible and I never got a reply.
I don't understand why she had to have it verified by the boy that hit him. I gave them a police incident number which would have given her all the information she needed. I supplied them with everything, we did all the leg work, we got the estimates, we sent the photos, how much more do they need? I'm waiting for a letter rejecting the claim. She could have had the decency to let me know if she heard from the other party involved. |
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flowerpower
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| Posted: Sat May 16, 2009 1:44 pm Post subject: |
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Their insured is paying them a premium for the insurance. The insurance offers their insured a defense and to pay claims that are owed. They at least owe their insured a reasonable attempt to confirm the facts of the accident. Also, the police report does not always contain all the information about the accident when it comes to liability. In a few cases, it may not even be correct. If they have to, they will probably rely on it but that is only if they cannot reach their insured. This is the normal process.
| Quote: | | I'm waiting for a letter rejecting the claim. |
Any reason why? I don't see any reason for them to deny the claim. | Quote: | | She could have had the decency to let me know if she heard from the other party involved. |
Yes... but they have many things to do. If the adjuster the status of the claim has not changed and it's not been very long then the adjuster may be prioritizing their time. I'm nto saying that the adjuster should not be calling you back... just trying to let you know why they may not be calling at this time. |
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tcope
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| Posted: Mon May 18, 2009 1:22 am Post subject: |
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When it comes to patience I have very little. I remember a few years ago I saw a little girl throw rocks on the roof of my car putting in some nice large scratches. The mother refused to believe me that her daughter did it when I clearly saw her throw them. In the end they refused to do anything about it and I went through my insu co and it was handled as vandalism. I had a check within a week. It's the waiting and not hearing anything from anyone that has me nervous. I will keep you posted if I hear anything this week.
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| Posted: Mon May 18, 2009 10:34 am Post subject: |
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Flower, as Tcope has mentioned the insurer would give a fair chance to its insured to defend his stand. But they are not going to total the car depending on what the boy has told them. The adjuster would get things verified from the boy to determine the liability.
Your above post however affirms the fact that the insurance company hasn't yet declared the vehicle 'total'. You have done your part by co-operating with the adjuster and sending her all the documents she needs. Now, you have to wait.
I'm sorry about the incident with the little girl but in this case the other driver has accepted the liability at least. So think positive 
Awaiting your update.
Thanks,
Rupert |
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RupertWBradson
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| Posted: Wed May 20, 2009 2:08 pm Post subject: |
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Just an update, I emailed the person handling the claim on Monday to make sure she had gotten everything I emailed her last week, also asked if the boy who hit my son ever got back to her, I heard nothing. So Tuesday I decided to email her once again hoping I would get some info out of her so I requested a receipt that the email was read, it was read and that is it, no information whatsoever. So I'm still where I was last week. I know nothing. Should I call my INS co. and ask if they can get any info out of her and what may be happening with this claim? I really have no patience at all. I hate waiting.
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| Posted: Wed May 20, 2009 3:02 pm Post subject: |
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| Quote: | | Should I call my INS co. and ask if they can get any info out of her and what may be happening with this claim? |
They would only serve to slow the process down. There is no difference in them calling or you calling... them calling on serves to add more phone calls to the process.
If you really need an answer right now, call and ask for the adjusters supervisor. Ask the supervisor for the status of the claim. |
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tcope
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| Posted: Wed May 20, 2009 10:17 pm Post subject: |
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| OK here is an update on the claim. One week of silence was all I could take. I called AAA at noon today, finally heard back around 4:00PM. The agent handling the case is waiting for the surveillance tape from Giant because the boy who hit my son said it was not his fault even though the officer stated as much in her report. She also told me the same thing that night on the phone. The tape is only available for 1 month and we have now lost 2 weeks. The accident happened on the 7th. I then contacted Giant and talked to the supervisor at the present time, (they have many) and to his knowledge he said no one has contacted them about giving a copy of the tape to the INS co. He also told me this was a legal thing and they were not allowed to just hand over a tape like that without police permission. That I didn't understand. So I contacted the officer who responded at the scene and she told me no one has contacted her about anything, and that it is really out of her hands. She did say if the INS co wants the report all they have to do is ask. I provided them with all this information last Wed morning when I first filed the claim. Do I now have to get a copy of the report and fax it to them. I'm really at the end of my rope. Will Giant give me a copy of the tape? I just don't know what more I have to do. On a bright note, the agent did say and I quote "I do feel this will go through". There was also a manager at the store that night who reviewed the tape with both parties present and he even stated it looked like it was the other boys fault. How much more proof do they need? Sorry this post is so long, but how do you think things are looking? |
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flowerpower
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| Posted: Thu May 21, 2009 12:15 am Post subject: |
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| Quote: | | He also told me this was a legal thing and they were not allowed to just hand over a tape like that without police permission. |
When I started reading this I was just waiting for this part. Giant is not going to release their video tape with anyone short of a court order. This would be their company policy as 1) they are not required to release it short of a court order and 2) releasing it cannot help _them_ in any way, it can only hurt them. So there is really no good reason (for them) why they should release it. This _should_ be what they do... there is always the possiblity that someone talks to a brain dead employee and they allow the video to be released. Though I doubt that will happen. |
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tcope
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| Posted: Thu May 21, 2009 6:23 am Post subject: |
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Now Tcope, Flower doesn't sound to be at a great position with her claim, does she?
It also seems that the insurance company isn't taking enough initiative is obtaining the tape. If their insured keep denying the responsibility, wouldn't they believe him in absence of records to prove otherwise and drop OP's claim? |
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kelvin
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