A drunk lady hit my car, insurance fixed it ($8grand) - but

by wdrelaxing » Mon Oct 05, 2009 08:55 pm

A drunk lady hit my car, insurance fixed it ($8grand)
- but I'm still upsidedown on the value. $6 thousand. The drunk has $25 thousand coverage with all state.
However they will not pay until i get 5 wriiten estimates and God knows what else, they are a real pain.
I have one from carmax - but they still want 5 more.
How and where do I go?? The car is a 2007 Santa Fe gls.with 26thousand miles.
how can I get my money?

Total Comments: 11

Posted: Mon Oct 05, 2009 09:41 pm Post Subject:

I am confused. You said the insurer already paid $8k to repair the vehicle?
There is nothing you can do about the value, it is what it is. If the vehicle has already been fixed, whats the point in getting multiple estimates? If the vehicle hasn't been fixed, you only need one. No one can require more than one estimate by law. The insurer is just trying to get you to shop around for them and find the lowest price. You don't have too. Find a reputable repairer and leave the car there. One who will work for you, not the insurer.

Posted: Tue Oct 06, 2009 04:37 am Post Subject:

The OP could be going after a DV claim.

Posted: Tue Oct 06, 2009 06:43 am Post Subject:

wdrelaxing:

I don't understand whether the vehicle has already been fixed or not!

Trench:

If the vehicle hasn't been fixed, you only need one. No one can require more than one estimate by law.


Is it mandatory by law across all states?

Posted: Tue Oct 06, 2009 04:03 pm Post Subject:

While there are no laws in most states requiring a vehicle owner must get more than one estimate, there are laws and statutes that state "if an insurer prepares an estimate for their insured (not a third party claimant since we are not dealing with tort law and damages), that it must be for an amount that the vehicle can be restored to pre loss condition".

There is at least one insurer in Missouri that claims they can request more than one estimate under their contract of insurance. Their policy states that they will pay for a loss based on their inspection and assessment of the damages or will pay based on competitive bids the vehicle owner brings the insurer that the insurer approves. This, of course, only applies under the amount they pay under collision coverage or comprehensive coverage and not liability due to the negligence of their insured.

Most insurers attempt to apply the terms and conditions of their own policies with third party claimants with regard to payment of loss provisions on first party language.

Posted: Tue Oct 06, 2009 04:14 pm Post Subject: upsidedown with car

A drunk lady hit my car, insurance fixed my car ($8grand).
- but I'm still upsidedown on the value of my car,
$6 thousand.
The drunk has $25 thousand coverage with all state.
However they will not pay until i get 5 wriiten estimates and God knows what else, they are a real pain.
I have one from carmax - but they still want 5 more.
How and where do I go for these estimates and do I have to pay for them??
The car is a 2007 Santa Fe gls.with 26thousand miles.
how can I get my money?
How can a drunk driver smash my car and walk away from it all - I have all the headachs and stess of renting a car, getting my car repaired and dealing with idiots, fighting with all state to get lost value on my car.
Not to mention my car will never really be the same.
The drunk driver did all the danage and left me upsidedown on the value of my car and I am still making payments - so trading the car in is joke, selling it is also ajoke.
It seems the bad guy wins.

Posted: Tue Oct 06, 2009 08:54 pm Post Subject:

he drunk driver did all the danage and left me upsidedown on the value of my car and I am still making payments - so trading the car in is joke, selling it is also ajoke.
It seems the bad guy wins.

Again, you need to be more clear. If your vehicle was repaired, why does it matter that you are "upside down" on your loan? When you are upside down on your loan, this simply means that you paid more for the vehicle then it's currently worth. Why is this the insurance companies fault and I still don't understand why it matters as the vehicle was repaired.

I think Allstate wants you to obtain information from several different locations to support a Diminishment of Value claim (DV). If this is the case, then please say so.

While 5 amounts is a lot, you do need to obtain some information to support your claim that you suffered a DV loss. It's not Allstate's responsibility to obtain this information. if _yu_ want to file a claim for DV then _you_ are going to need to support it.

So far Allstate paid $8,000 with the possibility that they will pay more... how is it that they are winning?

Posted: Tue Oct 06, 2009 09:09 pm Post Subject:

People don't understand that it on them to prove their loss. Sometimes it is easy and sometimes it is not.

Posted: Wed Oct 07, 2009 03:00 am Post Subject:

someone called but in any event why would i have a accident on purpose and flip over a damm moutian, your not listing it doesent matter who called even if the tow place called they had no business calling me to tell me that,......now i know,but in any event it doesent matter the only people who was surppose to call me was the insurance place how was i to know! and even if i wanted a new vechical i wouldnt do it that way are you crazy?look i told you that they messed up how is that my fault and i have never been in an accident

{left in my in box}
I can't reply as you are not registered. I'm not saying you were in the accident on purpose. What I'm saying is that you initial indicate that the towing company called you and told you your vehicle was a total loss so you bought another vehicle (I won't get into questioning why the towing company would call to share this information or why you would think they were the deciding factor). Then you indicate that the insurance company told you it was a total loss and then changed their minds. You also still appear to be confused about who gave you this information. Sorry, it's hard to think someone else gave you incorrect information when what your posting makes no sense.

Posted: Wed Oct 07, 2009 05:22 am Post Subject:

The easiest and fastest way to get your money is to do as the insurance company is asking. It may be a pain and not fun, but, this is just how they are going to settle your claim. It really is better to me, than to have the insurance company give you an estimate. It seems as if most insurance companies seem to come in low on their estimates. Here you will have 5 estimates and you will be able to choose who you want to get the repairs done.

Posted: Wed Oct 07, 2009 06:10 am Post Subject:

You may ask the adjuster regarding body shops that are certified by your carrier. In doing so, they'd have some responsibility to deal with the situation in case things are not acceptable to them.

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