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Posted: Thu Oct 30, 2008 4:24 am Post subject: |
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If she has been working at the time of the accident and had missed her work for it, she may be entitled for the wage loss. However, a college student can't demand compensation for wage loss if her graduation has been delayed for the accident. However, she work status may also play a role in determining her benefits i.e. in many state the benefit is only awarded to the taxable income.
~Jeremy |
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JeremyHolter
Senior member
Joined: 06 Jun 2007
Posts: 1194
210.30 Dollars($)
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Posted: Thu Oct 30, 2008 4:25 am Post subject: |
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The wage loss claim, if any, should be filed under the policy of the responsible driver. The employer has no liability of the wage loss caused in an auto accident, if its not mentioned otherwise in the contract drawn by the employer. I'd suggest you to discuss the issue with the insurance adjuster for clarification. _________________ Register Now to have your Insurance queries solved. |
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Caroline Hudson
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Posted: Mon Oct 05, 2009 7:28 am Post subject: |
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I was In A car Accident i Hit A car from behind my wife was in my passenger seat she was injured. this is my First car accident, my car is a total loss i have full cover insurance what do i do from here anyone can help _________________ Register Now to have your Insurance queries solved. |
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gary818
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Posted: Mon Oct 05, 2009 7:29 am Post subject: |
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I was In A car Accident i Hit A car from behind my wife was in my passenger seat she was injured. this is my First car accident, my car is a total loss i have full cover insurance what do i do from here anyone can help _________________ Register Now to have your Insurance queries solved. |
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gary818
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Posted: Tue Sep 07, 2010 11:32 pm Post subject: Totaled Car |
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My daughter had an accident and she was not at fault. Her car was totaled and the insurance company wants to pay cash value and NOT replace the car. Is that acceptable. I was under the impression that they had to at least replace my car and the amount they are offering will not replace it. _________________ Register Now to have your Insurance queries solved. |
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LisaAnn99
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Posted: Thu Sep 09, 2010 7:02 pm Post subject: |
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| Quote: | | the insurance company wants to pay cash value and NOT replace the car. Is that acceptable. I was under the impression that they had to at least replace my car and the amount they are offering will not replace it. |
Many people, unfortunately, have a misconception (your word is "impression') of what auto insurance is going to do in the event of a collision or other total loss. Unless you have a specially issued policy that places a specific value on an automobile, the standard policy language only promises ACTUAL CASH VALUE which is the same as saying, "We will pay the replacement cost of your particular make, model, and year of vehicle, MINUS all depreciation up to the moment before the event that destroyed the remaining value of the vehicle."
No auto policy promises replacement of the vehicle only. The words of the contract usually permit one of three alternatives: repairs, replacement with another vehicle of like type and quality, or actual cash value. Add to that the other qualifying language: whichever is less. You would probably prefer language "whichever is more", but insurance is not like Burger King . . . you don't get it your way.
Instead, most states' laws allow an insurer to "total" a vehicle when the cost to repair or replace exceeds just 75% or 80% of the actual cash value. Where disputes arise in a claim is over the determination of the ACV. They say it was worth $5000 and you believe it was worth $10,000. One or both will eventually have to agree to some other value.
The insurance company is acting within the law. The only question is: Are they offering your daughter a reasonable amount of money based on the ACV of the vehicle? You don't have to accept their first offer if you think it is too low. You can always make them show you the justification for their decision. If you can provide a different (higher) justification, they may agree to match that or will negotiate somewhere in between. Accepting any offer ends the insurer's obligation to perform.
The course of action you choose to take is up to you. You could even complain to the state's Dept of Insurance if you think the insurance company is abusing you. But it is not a matter at this point for some attorney to handle. That, in my opinion, would be a mistake _________________ California-licensed Property & Casualty Broker-Agent and Life & Health Agent. CA Insurance License #0596197. Send me your questions, and I'll send you my answers. I live, breathe, and teach insurance! |
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MaxHerr
Moderator
Joined: 29 Nov 2009
Posts: 4218
Location: Pomona CA
162.55 Dollars($)
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Posted: Sat Oct 23, 2010 3:51 am Post subject: total loss vehicle accident |
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My son was involved in a car accident with another driver who blew and tire and swerve into my vehicle. The other driver has insurance and is taking blame for the incident. The adjuster says my car is a total loss. I have a 2009 passat cc sport 1 year old.
Steal owe on the car. My son was taken to the emergency room with contrusion abrabsion, stiches etc. I also have gap insurance. How can I be compensated for my son injury and the inconvenice of not having a car.
Can I ask for a replacement car or request a comparable replacement. Thanks _________________ Register Now to have your Insurance queries solved. |
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skip
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Posted: Mon Jan 10, 2011 5:27 pm Post subject: purchase total loss car |
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i want any car for total loss _________________ Register Now to have your Insurance queries solved. |
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noordin momin
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Posted: Tue Feb 08, 2011 2:27 am Post subject: one time offer |
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I was in a auto accident 1/05/2011 I was a passanger in a car and we were hit by an mack truck and now GEICO stated that they would give me a one time offer what does that mean I sent them the release form for my medical it has been 1 month now what is taken so long for them to settle I've lost 5wks off school  _________________ Register Now to have your Insurance queries solved. |
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sdot2
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