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 Posted: Fri Apr 04, 2008 4:57 am Post subject: Can I sue for reasons other than injury? |
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| Can I sue the at fault driver's insurance or my own, for cost recovery, unplanned expenses(prescriptions), stress, time inconvenience, etc. --even though I was not seriously injured? She ran a red light and hit me. Her insurance company is taking liability. (I believe it will be considered a total loss because of the value of my car versus the damage) The amount that I owe is right at the amount that it books for. I have gap coverage, but that is going to leave me with nothing. Can I at least get an amount that will put me back to status quo, perhaps enough for a down payment for another vehicle? |
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jms75
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| Posted: Fri Apr 04, 2008 6:41 am Post subject: |
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Hi,
| Quote: | | Can I sue the at fault driver's insurance or my own, for cost recovery, unplanned expenses(prescriptions), stress, time inconvenience, etc. --even though I was not seriously injured? |
It is always better that you pursue this case through your own carrier. Once they handle your collision claim, they would be in a better position to subrogate the negligent party. Try communicating with your adjuster & ask them to assist you in this regard.
There are some states which are being regarded as a No-Fault State where in you can't sue or be sued except when you undergo serious injuries. So, would you care to tell us which state you are from?
Regards,
Plasticmind
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Plasticmind
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| Posted: Fri Apr 04, 2008 7:08 am Post subject: |
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I wanted to try to avoid the deductible, which I don't think will happen if I go through my own carrier.
If I did go through my own carrier, and it was determined to be a total loss, would I then be required to pay a deductible. For example, would they pay the remaining loan balance except for $500, (my deductible) and require me to pay it regardless? And, I'm in Florida, which I believe is a no-fault state. |
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jms75
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| Posted: Fri Apr 04, 2008 1:47 pm Post subject: |
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You can of course 'sue' for anything you want...however getting a judgement for these 'expenses' doubtful...If Florida is a no fault pip state then no, isn't even a question you are barred..unless you reach the pip threshold which clearly you will not....
The other carrier owes you the ACV (actual cash value) of your vehicle assuming it totals, they will also owe you a rental vehicle until they have made an offer of settlement they further will owe you (in some form) the sales tax on the ACV of your vehicle....Your carrier (under your pip coverage) will pay you for your Rx and doc appointments, time off work if a doc took you off work..'stress' well that's a tough one, or 'inconvenience' same thing...pretty much needs to be tangible...now there are cases when emotional trauma etc, 'can' come into play but doesn't sound like yours would be one of them...
another regular poster (tcope) was an adjuster in Florida for a time...hopefully he will catch this post, and will certainly be able to provide a better answer.
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Lori
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| Posted: Fri Apr 04, 2008 3:43 pm Post subject: |
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You said they owe me a rental until they've made me an offer of settlement, and they only owe me actual cash value of my car....
Do I have a choice to deny their offer for reasons other than disagreeing with their estimate of ACV?-- If I do, will they continue to provide a rental until they've made an offer that I've accepted?
Do I not have the right to be in the position that I was in previous to the accident? The other driver was completely at fault, and there are numerous witnesses....
---Before the accident, I had a perfectly good car. I was doing everything I was supposed to be doing, --and now I'm just supposed to go without a car until I get enough money for a down payment on a replacement vehicle? |
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jms75
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| Posted: Fri Apr 04, 2008 9:13 pm Post subject: |
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Even being an insurance agent, I have felt your frustration at the ACV of your vehicle having little correlation to it's value in your life. I too felt that way when my car was totaled in an accident that was not my fault and after paying off my loan there was not near enough left for a down payment that would get me a similar replacement vehicle without a much higher payment.
After the frustration wears off a bit though I came to understand that it was the other driver's fault that your car was destroyed. Because of that his/her insurer paid you for the car.
It is not the other driver's fault (or the insurer's problem) that you happened to owe the value of your car to a bank.
I know it sounds cold. But that's really how indemnity works.
Also, I would be very shocked if the other insurer keeps paying for rental car indefinately until you accept a settlement offer.
However, they do want you to settle and while I would not expect too much, there is often room for negotiation for some extra money for your troubles, pain, etc. Try negotiating with the adjuster, it works much better than trying to sue anyone. |
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Fishman
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| Posted: Fri Apr 04, 2008 10:44 pm Post subject: |
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Lets say, I decide to go through my own insurance carrier so that I am able to get a rental car for a longer period of time (cause the other company will only pay for a rental for 72 hours after they've made an offer)---If it is a total loss and I owe $3600 and they give me $3700, would I have to use that excess money for to pay my deductible?
In a total loss case are you even required to pay your deductible?
If so, would I have to pay the deductible before they send a check to the financing institution? And if this is the case, by going through my own carrier, --would the other carrier reimburse my $500 deductible?
I'm confused how this deductible process works when you choose to go through your own or the other carrier and when it has been declared a total loss. Please Help? |
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jms75
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| Posted: Sat Apr 05, 2008 12:56 am Post subject: |
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I'll try to hit all the questions but not one by one....
The other carrier owes actual cash/market value of your vehicle. Your finance agreement is a _completely_ different matter. This is part of your issue. You want them to consider your finance deal with your lender. Keep in mind, this included interest payments. So you've been paying a lot of interest since you bought the vehicle. It is certainly possible (depending on your deal) that the vehicle depreciated more quickly then the principle you were paying. This means that you were paying more for a vehicle that was worth less. It happens especially when new vehicles are bought. That is why GAP insurance is so popular. Bottom line, the carrier does not need to consider your finance contract, only the value of the vehicle.
It does not appear you disagree with the amount they are willing to pay on the vehicle. If you have GAP insurance you will actually be in a better position you were prior to the accident. You won't owe $10k on a $9k vehicle. I'm on a "glass half full" kick this week. 
Rental... they are correct. The carrier only owes rental until they make of offer on the vehicle. it's _not_ until you choose to accept the offer. If it were, they'd be paying for a rental for a few years. See my point? Most carriers will extend that time frame for a few days after they make the offer. It's reasonable... the person needs a few days to go out and find another vehicle. Sometimes I get asked to provide a letter stating the amount that will be paid so that the next lender can confirm that the current loan is going to be paid off.
Going through your own carrier is not going to extend the time frame on the rental. It's just not going to happen.
I see the confusion on the deductible. Technically your carrier would apply the deductible but you won't need to "pay" it (well, perhaps to the GAP carrier... I'm not sure how they work). Your carrier would be able to issue payment to your lien holder for the value of your vehicle less your deductible. Your lienholder would then look to your GAP carrier to cover the remaining amount. But GAP carriers usually ask for a breakdown of the payment so they should see that the amount was short by your deductible amount. My guess is that they would only pay off the rest of the loan, less your deductible. I'm just guessing though, but it makes sense. Your carrier would then collect your deductible from the other carrier (eventually) and then issue that amount back to you.
Your carrier might determine the value of your vehicle to be slightly higher but unless they determine it's more then you owe, your better off filing with the other carrier as the GAP carrier will address the difference and either way you won't put anything in your pocket. Again, your not getting anything in your pocket... why should you... you don't have anything there now. But you will no longer owe $10k on a $9k car (I'm making up the amounts but I think you understand). So do you want to call that "making $1k"???
Last but not least.... PIP in Florida. Aaaahhhh fond memories (thanks for rating me our Lori... how did you remember that!)
First, unless you sought some substantial medical treatment, you don't have the ability to collect from the other party. Basically you'd have to have some permanency from an injury. Now, in Florida you can easily find a doctor that will attest to this but you'd at least need to have some type of ongoing treatment. It does not sound like this is the situation in your case. Any real medical expenses would need to filed under your own policy for payment (up to $10k). So I don't see what you asked about in your initial post as being viable. |
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tcope
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| Posted: Sat Apr 05, 2008 12:30 pm Post subject: |
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| Quote: | | (thanks for rating me our Lori... how did you remember that!) |
This old bird has a mind like a well, squeaking, poorly hung door, but when I know there is a pip expert! TA DA....steel trap my friend! 
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Lori
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| Posted: Mon Apr 21, 2008 11:25 pm Post subject: |
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| Well done tscope. well done. |
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fireyone
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| Posted: Tue Apr 22, 2008 3:29 pm Post subject: claims |
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| In a situation like this, don't you have to PROVE there was 'stress' (etc.) while you're suing for it? OR....the 'AMOUNT' of stress..how do you determine that? |
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sdchargersfan
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| Posted: Wed Apr 23, 2008 7:13 am Post subject: |
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| Quote: | | OR....the 'AMOUNT' of stress..how do you determine that? |
Well, I don't think theres any reason why a carrier would count upon 'stress' as an element of the claim (unless its medically been certified to have caused a delay or have an effect on the claimant's life). But yeah, the process that leads to a claim would naturally involve all those constraints that gave rise to a loss (thus leaving no leaf unturned in terms of even the smallest of negligences). So, no need to worry I guess
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plasticmind
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| Posted: Wed Apr 23, 2008 11:44 am Post subject: |
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| Quote: | | In a situation like this, don't you have to PROVE there was 'stress' (etc.) |
yes, and everything has stress associated with it...todays world is a stress pool that probably ultimately kills us all...most cases will not be awarded anything or any additional monies for stress...unless there are special circumstances, (ie wages lost, causing financial stress...injury of a child, ..tramatic injuries etc...) I don't personally see it in this claim.
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Lori
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| Posted: Wed Apr 23, 2008 11:16 pm Post subject: |
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| That what I was thinking myself. I agree with stress being apart of everyone's everyday life. |
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fireyone
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