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: Wed Jun 04, 2008 10:34 pm Post Subject:

101 on the crapola meter...and counting. Sure you want to keep counting?

Posted: Wed Jun 04, 2008 11:49 pm Post Subject:

What have you contributed besides dripping sarcasm? I know what crapola is, I see it regularly, it's written as insurance guestimates on hail damage lately. Example...Same major insurance company two estimates on hail damage 2 blocks apart on same style vehicle, one estimate 3500 the other over 7000. If the 3500 dollar settlement is cashed out because they have no lein, was he underpaid intentionally or by design? If you conspire to file claims for amounts more than the loss it is insurance fraud. When the insurance company underpays the claim it should be fraud as well in my book or taking advantage of your policy holder or they are hiring incompetents.

Posted: Thu Jun 05, 2008 12:08 am Post Subject:

Hey little man, you are the one that said..

Every copy of every agreement that I have claims copy right protection and expressly prohibits publishing any portion thereof.

Does that progressive one claims copy right protection and expressly prohibits publishing any portion thereof?

could be they do not want the vehicle owner to see the kick backs they are receiving in exchange for those referrals.

Why don't you point out those kick backs Mike...(maybe that is libel since you've printed it? :? )....in that progressive agreement you sourced...don't see anything like that in there! What a shocker! :roll: :roll:

Wonder why vehicle owners are not allowed to see the contractual arrangements of insurers and their partners,

Where does it say they aren't ALLOWED?

What have you contributed besides dripping sarcasm?

aaaaaaaaa just facts instead of paranoid crapola, but I wouldn't expect you to be able to grasp that concept... :roll: :roll:

Same major insurance company two estimates on hail damage 2 blocks apart on same style vehicle, one estimate 3500 the other over 7000. If the 3500 dollar settlement is cashed out because they have no lein, was he underpaid intentionally or by design? If you conspire to file claims for amounts more than the loss it is insurance fraud. When the insurance company underpays the claim it should be fraud as well in my book or taking advantage of your policy holder or they are hiring incompetents

I'd have to see both cars Mike, or are you now going to convince people that hail (even two blocks away) is always uniform? If the 3500 dollar estimate did not cover all the damage, then the claim was under paid, or was the 7k overpaid by another incompentent adjuster? I don't know I didn't see the vehicles...If it's under paid he needs to get that car in a shop and the shop needs to contact the adjuster and get a supplement completed..But here you go again, changing the subject...poor mike his mind tends to wander when he's beat...again....

Posted: Thu Jun 05, 2008 12:50 am Post Subject:

I'd have to see both cars Mike, or are you now going to convince people that hail (even two blocks away) is always uniform?



The hail was 2 inchs in diameter for the entire city or at least 10 blocks wide. It hit with such impact, it drove it through windows and buried it in wet yards little lady.

You know I try to leave but you keep tossing grenades and false statements at me and parting diatribes. Next you'll be stalking me again. Why don't you produce one progressive shop that does not give a concession to be on their contract and I'll show you a shop that is no longer on the program. Their labor rate will be under the prevailing rate of those who post their rates. They will intall junkyard parts without question and they will clip entire unisides of cars.

You really are sheltered from reality of the collision industry. Why don't you attend this years Missouri Kansas asa, scrs, aasp, convention and convince all those shops attending that the industry is as rosey as you paint it to be and they are not unhappy with their insurance partners.

http://www.missouricollisionforum.com/

Midwest Collision Industry Forum
June 18, 2008 - Columbia, MO
Early Registration Discount ends June 4th!

Quick Links
Midwest Collision Forum Website
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Dear Michael,

Mark your calendars and plan to join AASP-MO, ASA Mo/Kan and SCRS Mo/Kan for the 3rd Annual Midwest Collision Industry Forum on June 18, 2008 at the Holiday Inn Select in Columbia, MO. A full day of nationally known speakers will provide you with the latest industry trends and information. Register today - early registration discount ends June 4th. Visit the website at www.midwestcollisionforum.com or download a registration form here.

Make Your Voice Heard

This year's Forum also features an opportunity for your voice to be heard on issues that impact your business. Attendees will come up with a list of 3-5 issues for the associations to focus attention on. Don't miss out on this opportunity to express your concerns about this industry.


Schedule of Events - Wednesday, June 18, 2008

8:00-9:00am Registration and Networking Continental Breakfast
9:00-11:00am "Positioning Yourself in the Collision Repair Industry" by Mike Anderson
11:00am-Noon Midwest Collision Open Forum
Noon-1:00pm Luncheon with presentations by Senators Wes Shoemyer and
John Grieshiemer and Association Updates
1:15-1:45pm "Working Together on Issues" - Missouri Insurance Coalition
1:45-3:00pm "Short Sheeting" by Erica Eversman, JD
3:15-4:30pm Progressive Insurance, Chris Androeli
4:30-5:30pm State Farm Insurance, George Avery & Don Porter
5:30-6:30pm Forum Reception in Atrium

Holy half written sheets batman, why would they be talking about intentionally underwritten estimates?


Why do you suppose these supposed elite of the industry are gathering? It's to rally with their legislative sponsors to get legislation on the calendar again next year to deal with insurance companies that steer customers to their preferred shops. The industry secret is that the preferred shops are not the most qualified shops, it's the shops that will work the cheapest and the fastest for their partners. Another bill they will discuss is making the insurers use the entire estimating databases instead of only the ones they choose to use.

Posted: Thu Jun 05, 2008 10:35 am Post Subject:

Another bill they will discuss is making the insurers use the entire estimating databases instead of only the ones they choose to use.


huh? What are you talking about here?

one progressive shop that does not give a concession to be on their contract and I'll show you a shop that is no longer on the program.

YOU dear boy, are the one that boldly states that there are all of these concessions in the contracts...however you produce or source one, that shows zero concessions...PERIOD end of story...even you have to admit that ! If not point that puppy out in the progressive contract...

Their labor rate will be under the prevailing rate of those who post their rates.

DRP or not makes no difference and you know this...all carriers pay prevailing area shop rates...this has nothing to do with being a drp or not...(as far as the carrier is concerned)..

They will intall junkyard parts without question

Been down this road before...you utilize used parts too Mike!

and they will clip entire unisides of cars.

Again, prove it, where does it say this...see here's where you keep screwing up..you claim all of this is in the contracts, then aren't man enough to admit you let your emotions get the best of you and made false statements in a (very) feeble attempt to turn the whole world as paranoid as you are....Why can't you just once say, hey you're right there is nothing in the contract about concessions, discounts etc...like you have time and time again claimed...then proved YOURSELF to be untrue!

Holy half written sheets batman, why would they be talking about intentionally underwritten estimates?

I don't know Mike, someone (like your competitors) must be doing this! Better yet, batman, why are they discussing...

"Working Together on Issues

Bet you skip that one! :roll:

Might surprise you and just might be there Mike.

Posted: Thu Jun 05, 2008 02:04 pm Post Subject:

Been down this road before...you utilize used parts too Mike!


Not on suspensions, and not without being paid to completely bring the junk part back to the condition of the vehicle part and not when safety is compromised. Good used parts have a place.

Working Together on Issues


Used to mean how to work with partners, now means how to make their partners play fair. They found out working with them hurts their bottomline.
They will probably drag up the CIC fraud study again. Try to improvise a plan on how to get compensated for paint and materials, when all your really have to do is bill the customer. The customer collects from the insurer after they have paid their deductible.

Enjoy the convention, I hope you make it.

Posted: Thu Jun 05, 2008 11:10 pm Post Subject:

Not on suspensions,

Neither does the company I work for!

Posted: Tue Jun 17, 2008 03:28 am Post Subject: My lacking archive

Hello, while checking my monthly traffic I found the hits from this site and was curious. Forgive me, but I have not read the entire thread and just scanned the back and forth taking place... but I do have a few comments and observations.

First as to the subject of aftermarket parts, I did participate in the Avery v. State Farm case and the jury stated by the second day of the trial there was no question the parts were "crap"... the remander of the trial was "who knew what, when... and what did the insurance contract promise"


As for premium, the testimony revealed at most, $10.00 per annum per policy additional in the event ALL parts were OEM. Even that is in question when considerations are made for additional labor involved for modifications and additional refinish labor/material.

DRP contracts/agreements: Mike is correct that there are more on my site that may be available in the future but have been de-linked while corporate attorneys are kept at bay. Bad faith and fraud at the corporate level seem to bring out the worst in people. -grin- Besides, there are plaintiffs willing to pay for these things so you'll just have to be patient.

In conclusion: I can't for the life of me figure out why Mike waste time here... he is much too valuable to his industry sharing ... with his industry.

Best Regards

Posted: Tue Jun 17, 2008 03:42 am Post Subject:

Example...Same major insurance company two estimates on hail damage 2 blocks apart on same style vehicle, one estimate 3500 the other over 7000. If the 3500 dollar settlement is cashed out because they have no lein, was he underpaid intentionally or by design?

First, how likely is it that both those vehicles were exactly the same? But if I understand your post correctly your stating that two carriers wrote up the same damage and got two different amounts. I'm trying to think of where I've seen that before... Oh, wait... EVERY BODY SHOP ESTIMATE I'VE EVER SEEN! No two are identical and in many cases they are WAY different. So I guess your shop is corrupt as well, huh. Might as well group all body shops together as long as your grouping all insurance companies and all appraisers together!

BTW - was there a supplement on the $3500 appraisal? I'm betting there was.

Posted: Tue Jun 17, 2008 03:46 am Post Subject:

Here we go again....

Not on suspensions, and not without being paid to completely bring the junk part back to the condition of the vehicle part and not when safety is compromised. Good used parts have a place.

Okay.... want to back this one up? Please let us know which insurance company utilizes used suspension parts. Or are you just saying that _you- don't use them and not stating that any insurance company uses them either... just making it look like that (that is, your M.O.).

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