I was REAR-ENDED...and Need Advice......

by TexasFireman » Sat Jun 20, 2009 05:58 am

Hello to all...

I was rear ended folks...with my family with me at a red light. At fault Driver and vehicle non-US...Policy is US. Driver admits fault...all is good there.

As soon as cops tell me I can leave...my car's automatic transmission acting weird. low mile 2005 foreign model. I tell at fault drivers insurance company about it and they told me to get a rental. I was in it for about 2 weeks and heard nothing from the insurance. I called and sent emails...nothing...I called the state dept of insurance and they gave me a phone number which happened to be the underwriters. I asked them "where is the adjuster?" 5 minutes later i geta call from the person handling my claim...5 miutes after that I get a call from the adjuster to set up a appointment. Adjuster comes out a takes photos but doesnt drive the car nor turn it on.

One week 1/2 later I get a paper in the mail asking me to sign in order to get a check in the mail so I can get my car fixed. I guess they call it a release for property damage. I call claim rep and she told me to take the car to the body shop to get repairs started. I told her what about the tranmssion...shouldnt it be repaired first? She said adjuster hadnt put anything down on his papers about it. she then said to have a tow pick it up and sent to a mechanic....which I did...I signed release but added a few of my own terms and notes on the document regarding new damage discoveries etc etc...

Also from day one i told claim rep about our personal injury... I had a couple MRI's done for me and the wife...toddler seems fine...I hope.

What advice can you give me from here on?

I am worried about neck pain not going away..atleast for me...my wifes is doing fine. Claim rep said to send in all expenses so she can come up with a settlement.....WHAT???!!!!! I am worried. Settle then what??? Insurance washes their hands.. If I dont settle I just pile up medical bills and get deeper in debt??? I need some advice please.............please

Also...I know about mechanics....but not on these small foreign cars transmssions. I have never had trouble with this car...period...nothing... what if car doesnt work right. I have heard from friends about delicate cars and mechanics...even if you take it to the dealer...and the car doesnt work like it should....what is REJECTED REPAIRS??? I need some advice here too please....

And how long will I be in this rental??? Will the insurance compony reimburse me for all this time in a rental???? Or will I get stuck with the bills???

I am starting to freak out...maybe I am just thinking too ahead...I dont know. Just guide me for now. I just want to travel in the path that will get me through this to the same place I was before the wreck. No lawyers...no greed...just health and security...thanks guys

Total Comments: 11

Posted: Sat Jun 20, 2009 06:13 am Post Subject:

Hi TexasFireman..

what is REJECTED REPAIRS??? I need some advice here too please....



If you'd let your car get repaired under the repair shops of your carrier's preferred provider, then you'd have the right to reject the repairs. You could also refuse to accept the car.

Are you really considering it?
Did you mention anything about such a possibility on your notes?

Steven

Posted: Sat Jun 20, 2009 06:02 pm Post Subject:

the persons insurance didnt specify they had a preferred provider.

I am just inquiring about "rejected repairs" just to think ahead...you know...worst case senario. I would just hate to accept the repairs then the tranny go out soon after.

Is there any way to protect myself?

I didnt include anything specific in the notes...just bew damage discoveries....for example when at the body shop shop they would happen to find some hidden part damged that would need to be repaired etc etc. You know what i mean...

Thanks for the info...Would I be able to reject repairs if performed by my mechanic if insurance didnt specifiy a preferred provider...in case it is not fixed to the way vehicle was before accident...that is...100% ???

Posted: Mon Jun 22, 2009 05:27 am Post Subject:

Hi Texasfireman,

Would I be able to reject repairs if performed by my mechanic if insurance didnt specifiy a preferred provider.



I guess the "reject repairs" thing is associated with the responsibility of the carrier to get things fixed. So, I'd wonder why they'd allow it when you've taken the responsibility to fix it through your own body shop.

Well, did you really go through your policy papers and checked if there's mention of any preferred provider?

Steven

Posted: Mon Jun 22, 2009 05:41 am Post Subject:

Hi Fireman,

Just wondering, hadn't the adjuster come down to the bodyshop to observe the mechanic estimating the damages?

the persons insurance didnt specify they had a preferred provider.



So, you have taken the car to your preferred bodyshop?

Claim rep said to send in all expenses so she can come up with a settlement.....WHAT???!!!!!



Well, that's true. The third party insurer would only pay the final settlement.

Do you have health insurance? Or, PIP in your auto insurance?

Posted: Mon Jun 22, 2009 05:50 am Post Subject:

I have health insurance and PIP.

No..the adjuster just came to etimate the body damage. He has not come down to the mechanics shop yet.

No...I do not have a copy of the at fault driver's insurance policy.

Nobody mentioned anyhting about a preferred bodyshop or mechanic shop..All I was told was to tow it to my mechanic.

thanks for the help.

Posted: Mon Jun 22, 2009 06:19 am Post Subject:

I have health insurance and PIP.



I'd then suggest you to file claim with your health insurer to avoid accumulating medical bills. You might have to reimburse your health carrier later when you would settle with the third-party insurer.

Remember, that you must not settle for the injuries as long as you don't finish with the treatment. Once you sign the BI release claim form you would have no claim against the at-fault driver in the future.

How long would you be needing treatment? How much have you accumulated as medical expenses?

What is the BI settlement SOL in Texas?

Posted: Mon Jun 22, 2009 08:09 am Post Subject:

I didnt include anything specific in the notes...just bew damage discoveries....for example when at the body shop shop they would happen to find some hidden part damged that would need to be repaired etc etc. You know what i mean...



What did the adjuster do after the discoveries were made? Did he alter his estimate and write a new one?

Ask the adjuster to provide you with the estimation done by him and compare it with the same done by the bodyshop mechanic. This way you can be certain that no damage has missed the attention of the adjuster.

Posted: Mon Jun 22, 2009 08:55 am Post Subject:

Hi Texas..

Nobody mentioned anyhting about a preferred bodyshop or mechanic shop.


Thanks for the info. :? Then I guess the chances would certainly get reduced.

Steven

Posted: Mon Jun 22, 2009 12:50 pm Post Subject:

Texasfireman,

This is certainly shocking!

I tell at fault drivers insurance company about it and they told me to get a rental.



Didn't they specify anything regarding this rental?

Thanks..Roddick

Posted: Mon Jun 22, 2009 04:26 pm Post Subject: Third Party Dealings

Hi Texas and Forum Members,
To avoid dealing with the at-fault driver's insurer, if you had collision on your own policy you could have claimed the accident yourself and let your insurer subrogate the at-fault party's insurer.

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