Accident settlement: Factors that determine your claim

by Guest » Thu May 15, 2008 04:49 am
Guest

Hi!
I am hoping someone can help me on this!
I was involved in an accident on Dec. 1 07. I was rearended by a Hummer going approx 45 mph. My minivan had approx 11,500 in damage (it is a custom 07 Sienna) and I had a rental car for 12 weeks. After the accident, I had to take my 4 kids (ages 6,4, 2, 6 mths) to the er and then one to the pediatrician 4 days later. Two were treated with whiplash and had chiro for about 5 months. Medical bills totaled 2950. Lost wages to take the kids were approx 680, diminished value on my vehicle is about 4K. They also didn't pay the car rental bill for 6 weeks and it was charged to me so I paid an over the limit fee and lost my 0% promotional rate due to default (even though the charge has been reversed.) The insurance company offered me an accident settlement of 2,150 and then they were going to pay the 1500 of chiro (there is a lein and that is included in the 2950) I told them I was looking for around 16300 (four times medical bills, 4K in diminished value, lost wages and over the limit fee.) Am I asking too much? They told me I was being unreasonable and that Missouri doesn't recognize diminished value. My insurance company says they do. What is a fair accident settlement amount?

Total Comments: 123

Posted: Sat Jun 28, 2008 12:26 am Post Subject:

So, I take it you do not plan on listening or calling in to share your version of the truth. :roll: Or to listen to the truth. It's okay to attack someone with a different perspective and point of view here, but it's not okay to be the center of attention or to be challenged on another board with what you perceive to be the truth?

Posted: Sat Jun 28, 2008 12:39 pm Post Subject:

What do you fix like one car a month? geeeeeeeeze you've got a lot of time on your hands :roll: Sorry "I" don't have that much time....Mike what on earth would it prove? Well actually you know what I wouldn't mind listening to it if I'm home...you don't say the date I don't think or is it every day at 11am? I really would be interested in listening to it...if I do get the opportunity, I'll let you know what I thought...

Here's the thing though Mike...for instance..you contend the insurer has no right to inspect the car, use non-oem parts etc, have the vehicle repaired by thier estimate..I show you right in the (MO) policy where it says that is not the case...that the insured's are contractually bound to that...but you don't comment on that...just like I never said it...I didn't make that stuff up Mike, I copied it directly from the policy...your little friend even agrees it's true...but you won't admit the 'truth'..I have nothing to do with the writing of these contracts...I simply have to work by them, I don't make any decisions regarding the insurance laws of the great state of MO, again I (like you) just have to live and work by them.

Let me ask you something what religion are you? Do you believe in God, Christ? Well I do, so what possible reason would I have in going to say an athiest site and posting ? Is ANYTHING I'd say going to be taken as truth? Of course not....Your favorite board has alot of people that complain over and over, with the possible expection of one or two people that actually try to do anything about their complaints...it's just a rant site, nothing is accomplished, when a person with a solid question or opinion asks something they are attacked ...actually to illustrate my point here is a post by a person on that board that explains it very well...

It seems that I hear the same thing over and over again in here. What are you guys really accomplishing in here other than venting. Same old sh*(&. Who is doing. What is being accomplished. Some dude makes a post that Norton products are a good alternative to 3m because of the price and nobody responds to this. Come on guys whats really going on other than so and so's law suit and some advocate with his witty want a be attorney b.s. As long as we have this kind of leadershp in our industry we will never achieve what is really necessary for us to progress as an industry. Lets wake up and do something real. And don't tell me about some guy in South Carolinas law suit against allstate insurance company. Our problem is much larger than this. Lets grow some stones and do something. If you all are affraid of showing your name I will do that. Contact me. Only serious apply.



While we're discussing that site what does *NM* mean?

Also here is a post you posted that is INCORRECT...

The insurance appraiser that responded to the article works for a company that does not figure used or aftermarket parts, so he doesn't really see the big picture at all. The other insurance board moderator has Drp shops that she writes for but she does not write for a/m either, so she says.

You definately got confused I do write a/m parts ALL THE TIME...and have NEVER said I didn't...(you'll have to find that post buddy cause there ain't one)...You got confused somewhere Mike...I have certain critera, yr/mileage etc..only CAPA, no structure, etc...but this is an untrue statement, (let me enterject I don't think you intentionally lied about it, just got confused...)

Wow, while going thru the threads over there looky what I found...

I would like to apologize to Lori at ampminsure. We all see something different. I can tell that she genuinely cares about the people that she is trying to help and it was wrong of me to be critical of her or label her in an earlier post.

Whoever that is...please sincerely thank "mini me" for me..He/She didn't have to say/post that, and it took some pretty big, (well you know), to post that on that site....I'm being very sincere....

You know Mike when you first started posting here I thought, 'well here's a smart guy, we don't agree on every point, but he's intelligent enough to understand that 'his' opinion isn't the only one that is valid...That we can all just maybe learn a little something from each other...sadly I was well, just wrong it appears....I've said it before I'll say it again, if you aren't part of the solution you are part of the problem...what are YOU doing Mike Orton to help the desparate situation that you find yourself in...??? Fussin', fightin' particularly 'in fighting' name calling...spouting rhetoric without substantiation, what have YOU accomplished?

To set the record straight for you, I do not get paid ONE CENT to moderate here...I get the same thing you do to post here...I'm not promoting any secretly held company/business I have. I'm here in an effort to help posters/questioners with insurance (mostly claims) related issues...When a company or adjuster appears to be doing something wrong..I'm the first to point it out and try and find an answer or remedy for the poster...I calls em as I sees em..If an adjuster is jerking someone around I say so and tell them how to get it stopped....

Likewise I wish you would use your vast knowledge for 'good'. Why not post on boards where people have collision repair complaints or questions about repairing vehicles? You would actually be contributing then. And maybe taking just a little bit of the load off of someone else....think about it.

Posted: Sat Jun 28, 2008 03:49 pm Post Subject:

You asked

...you don't say the date I don't think or is it every day at 11am? I really would be interested in listening to it...if I do get the opportunity, I'll let you know what I thought...



I wrote yesterday

You know you might man up and call into tomorrow anonymously, if you prefer, and challenge Ms. Eversman on an interview program broadcast in Seattle.



Allow me to retort.
Using the same investigative skills that you used to find my entire name, I should think you would be able to figure out that when posted on a Friday, tomorrow would be the next day or today. By the way, all the insurance claims managers already know my full name in Southwest Missouri. Did that give you some vicarious thrill thinking you were outing me?

What do you fix like one car a month? geeeeeeeeze you've got a lot of time on your hands Sorry "I" don't have that much time...



There you go worrying about my schedule and time. I post here about 180 times in 5 months and you post a gazillion, what's that got to do with the price of rice in China? Just more baiting trying to keep me posting by being derogative and demeaning?

Here's the thing though Mike...for instance..you contend the insurer has no right to inspect the car, use non-oem parts etc, have the vehicle repaired by thier estimate..I show you right in the (MO) policy where it says that is not the case...that the insured's are contractually bound to that...



Please show me where I wrote specifically those statements with regard to first party claims.

Likewise I wish you would use your vast knowledge for 'good'. Why not post on boards where people have collision repair complaints or questions about repairing vehicles? You would actually be contributing then. And maybe taking just a little bit of the load off of someone else....think about it.



I'll strive to continue to help consumers get the full indemnification they are owed instead of the write only what you can see and hope they don't fix the car or take it to the drp shop that'll discount the repair to the insurer estimates that insurers write.

You have a different belief in what the problem is. I believe it is inexperienced, biased, short sheeting appraisers and the drp shops that conspire with insurers to underpay claims and harm both shops and consumers. By being an entirely independent business and having no repair agreements with insurers I can avoid those situations. I can inform and educate the consumer and be their advocate instead of the insurer/shop representative.

I believe drp one sided agreements by insurers are the problem and the shops that agree to be their partners until the insurer no longer needs them and throws them under the bus. The problem is that too many collision businesses that should be in business for themselves to serve consumers are subserviant to insurers and there in lies the problem not the solution. They are the Kool-aid drinkers. Why are they just now universally complaining and nationally uprising against insurance tyranny? They do not see insurance steering and abuse of shops a problem until it happens to them and their insurance pimp finds new shops that will turn tricks cheap and faster further underserving the consumer and kicks that shop off the program.

Posted: Sun Jun 29, 2008 12:53 am Post Subject:

Using the same investigative skills that you used to find my entire name, .

OK, now you made me spit my coffee on the keyboard!!!! First of all Mr. Sharp as a Marble, that took ZERO investigative skills since you post with your entire name on the very site (prodiscussions) andyou are continually sending us there! :roll: :roll: or did you not realize that? man, Mike that's almost funny, if it were not so pathically paranoid :roll: :roll: Here I'll show you...

Erica's Response to the adjuster's comment Mike Orton -- Tuesday, 24 June 2008, at 5:59



You still didn't tell me what ''*Nm*" means...?????????? :? Enquiring minds want to know.......

I should think you would be able to figure out that when posted on a Friday, tomorrow would be the next day or today

I caught that Mike, I just did not understand if it was just that one day a week or if perhaps it aired daily but you were sourcing that particular airing based on guest or topic....geeeeeeeze

instead of the write only what you can see

You all got x-ray vision down there in the southern part of the state? Come on Mike, what do you suggest that an adjuster write when they are in the field inspecting a vehicle at a persons home, place of employment etc? You and I know that most people with a driveable vehicle will not commit to putting it in the shop right then when full tear down can be accomplished...When someone comes to your shop for an estimate what do you write? If you cannot see the absorber, rebar and rear body panel are you putting them on the estimate? If you are then you are not writing an acturate estimate, and may just be commiting fraud by saying they need replaced without EVER seeing them..Or are you writing to replace that rear cover, and then a line note or in the comment area putting something along the lines of, "additional damage to rebar/absorber etc. possible tear down need to ascertain full extent of damage''? That's what you should be writing....Once the car is in the shop and torn down and this damage is visible, when have you not got an adjuster to pay for this additional hidden damage? And if you did have this happen...simple solution, you stop working on the car till the adjuster gets there to do the supp, or agrees to it and you NEVER release a car till you have money in hand...The owners are of great assistance in getting these lazy adjusters to get off their duffs, just sick the owners on them...That's what I did when I worked in a shop, but it was a very rare occurance. Again, just what is YOUR solution for this Mike? Do you expect ANYONE to pay for something that they cannot see is damaged? If you do, then send me about oh, a grand because reading your posts have damaged the screen on my computer (not to mention my eyes and brain) and wormed their way into my drives, tower and modem (can't you tell I don't know squat about computers :wink: ), you don't need to see the damage you caused, it's there, just pay me... :roll:

the drp shop that'll discount the repair

Don't know how many times you have to be told this...the company I work for, AND the one and only drp contract you provided show NO discounts...period..now I'm not saying that 'maybe' (cause I don't know) some carrier do have discounts but I do know that ALL don't...and I'm not even sure ANY do anymore...

You have a different belief in what the problem is. I believe it is inexperienced, biased, short sheeting appraisers and the drp shops that conspire with insurers to underpay claims and harm both shops and consumers. By being an entirely independent business and having no repair agreements with insurers I can avoid those situations. I can inform and educate the consumer and be their advocate instead of the insurer/shop representative.

I'll agree with you in part, we certainly do have a differing opinions as to the problem or what's at the root of the problem...but I do agree, that

inexperienced, biased, short sheeting appraisers

are a problem, but I also believe there are not that many of them...I disagree that drp shops ''conspire'' to underpay claims...they do I suppose (dependent upon your view) ''conspire'' against shops that are in their area that are not drps to get the lions share of the business/market..

I can inform and educate the consumer and be their advocate instead of the insurer/shop representative

But you are the (your) shop representative, and you CANNOT be non-biased advocate because you want the job!!!!! I mean atleast admit that! How can you possibly be a non-biased (same with your whole DV claim biz) ''advocate'' ...when you are in the buisness to make money from the very thing you are ranting about???? How can you be non-biased on either one? You can't...and that's fine, you're in business to make money, I see no harm in that...but be honest about it!

I believe drp one sided agreements by insurers are the problem and the shops that agree to be their partners until the insurer no longer needs them and throws them under the bus. The problem is that too many collision businesses that should be in business for themselves to serve consumers are subserviant to insurers and there in lies the problem not the solution. They are the Kool-aid drinkers

Ok, then you are making my point...why are you not (also) trolling every single collision repair board with this? THAT is the place you might be able to get to someone...since this is where YOU see the problem...with the shops not with the insurer, the shops that sign the drp contracts right? Then go after them, and change THEIR opinions...you'd have a better shot (well maybe) at that..do you thing ANY adjuster on this site wrote a drp agreement? I'd bet not! nor have they signed one! But the shop owners are the ones you have the beef with..change their minds...

Why are they just now universally complaining and nationally uprising against insurance tyranny?

Since this is what I do all day, every day, you'd think I have heard about this 'national uprising' ( :roll: geeeeeeze the drama) ...only ones I ever hear ticked off are the ones that don't qualify to be a drp...seriously...my shops ain't complainin' (well about that :lol: )....

They do not see insurance steering and abuse of shops a problem until it happens to them and their insurance pimp finds new shops that will turn tricks cheap and faster further underserving the consumer and kicks that shop off the program

Why do you always have to talk so dirty? All of your euphemisms are of a sexual nature... what's up with that?

Did that give you some vicarious thrill thinking you were outing me?

Well first of all doesn't "vicarious'' mean to experience something secondhand? How does that make sense? And secondly (and again), I wasn't ''outting'' you when you post using that name on the board you attempt to send us to all the time...didn't think it would bother you in the slightest honestly...why would it WHEN YOU POST THERE USING IT !!! OH, WAIT A SECOND!!!!!!!!! Are you actually upset that I posted something you wrote from another site without asking your permission? If so I'm so terrible sorry...

Posted: Sun Jun 29, 2008 05:06 pm Post Subject:

You spend way too much time worrying about me, take the day off, for gosh sakes. You prattle on and rattle just like those cars fixed at some of those insurer preferred repair shops.

NM! means No Message., you simply could have asked someone over there while you were stalking. :roll: Someone as sharp as a tack like you should have been able to deduce that by realizing there simply being no message content that followed.

OK, now you made me spit my coffee on the keyboard!!!! First of all Mr. Sharp as a Marble, that took ZERO investigative skills since you post with your entire name on the very site (prodiscussions) andyou are continually sending us there! or did you not realize that? man, Mike that's almost funny, if it were not so pathically paranoid Here I'll show you...



My very point. I do not hide behind ficticious names, If I use my real name here, you'd simply say I was hawking. You making the connection, was a sarcastic reference to the ability of a non professional repairer discovering what lies beneath those fascias you are not allowed to use a creeper and lite to discover. Those that do not use their real name at that board live in fear of the boogey men and women in the insurance industry cutting their umbilical cords from their drp drip. They are there seeking answers on how to secure their livelihoods from the very nooses they placed around their necks by trying to work with insurers and be their partners. Geez Louise, I'd never suspect that you would ever be able to ascertain my identity by giving you the evidence. CSI Missouri?

Posted: Mon Jun 30, 2008 11:32 am Post Subject:

you simply could have asked someone over there while you were stalking

Mike, how am I stalking when you keep 'inviting' us to go over there and read to 'educate' ourselves? :roll:

Those that do not use their real name at that board live in fear of the boogey men and women in the insurance industry cutting their umbilical cords from their drp drip.

So that's what you think of your beloved 'advocate' ( :roll: :wink: ) and many many more I could list? hmmmmmm wonder if they know how much you think of them :?:

ability of a non professional repairer discovering what lies beneath those fascias you are not allowed to use a creeper and lite to discover

Come on Mike, must I find and list vehicles whose covers go completely under, hinding the absorber, and rebar? really? That's just dumb...You know perfectly well that there are vehicles that these parts are totally obsured...without removal of the covers.

Geez Louise, I'd never suspect that you would ever be able to ascertain my identity by giving you the evidence. CSI Missouri?

Now, My point exactly...what's the big whoop? :roll: :roll:

Posted: Mon Jun 30, 2008 03:27 pm Post Subject:

Quote:
Those that do not use their real name at that board live in fear of the boogey men and women in the insurance industry cutting their umbilical cords from their drp drip.
So that's what you think of your beloved 'advocate' ( ) and many many more I could list? hmmmmmm wonder if they know how much you think of them



He is not a collision repairer, he is an attorney, or so he says, and based on the information provided over the last three years, he has been accurate in his prognostications and legal explanations. He needs no separation from a drp umbilical cord.

Mike, how am I stalking when you keep 'inviting' us to go over there and read to 'educate' ourselves?



Insurers mining and presenting in court statements made by posters there, is common practice. I wouldn't expect you to do nothing less. Jump in the water is fine over there.

Posted: Mon Jun 30, 2008 06:21 pm Post Subject:

Come on Mike, must I find and list vehicles whose covers go completely under, hinding the absorber, and rebar? really? That's just dumb...You know perfectly well that there are vehicles that these parts are totally obsured...without removal of the covers.



www.voscope.com/page3.html

Git yourself one of these if you can't see under the bumper, should be standard equipment for an appraiser along with a pair of coveralls and a creeper and a lite.

They come in handy looking to see if those shops replaced or insurers paid for corrosion protection inside frame rails and quarters. They can be used to look behind covers to take video or digital pics of damage. All part of the Post repair Diminished Value inspectors tool kit.

Posted: Mon Jun 30, 2008 07:37 pm Post Subject:

They come in handy looking to see if those shops replaced or insurers paid for corrosion protection inside frame rails and quarters.

I'd save the expense in determining if the insurance company paid for corrosion protection (or anything else) and simply look at the appraisal they wrote. Can't see the need for an appraiser to have one of these... they can simply reinspect the vehicle once it's disassembled. Pretty much every shop I know of does the same thing.

Posted: Tue Jul 01, 2008 12:14 am Post Subject:

Insurers mining and presenting in court statements made by posters there, is common practice. I wouldn't expect you to do nothing less. Jump in the water is fine over there.

I have no idea what this means.... :? :?:

they can simply reinspect the vehicle once it's disassembled. Pretty much every shop I know of does the same thing.

Exactly...why is it so darn hard to just go back and reinspect it when you can clearly see 'if' that part is damage or not... :?

It's cool Mike, I'll give you that...I looked at every page on that site, including the catelog and never saw a price? What's somethin' like that run a fellar?

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