who can i go after for lost money

by walsh3 » Wed Jan 20, 2010 01:45 am
Posts: 1
Joined: 20 Jan 2010

my wife on her way to work, a lady coming the other way spins out, seeing this, my wife stops her car and lady hits her, my car is totaled, other driver get carless driving ticket. $10k worth of damage to my car. her insurance admits fault. i called her insurance(Allstate) they offered to pay 2/3 the cost of of what it would to repalce my car of equil value, i still owe $2300.00 on my car, so they would pay off my loan, so now that reduces my payoff to half of the cost to replace my car. my wife is also injured, her elbow still does not bend without pain, this is after a month and a half, They (Allstate) said i have to go through my insurance for any medical. I went through my carrier NJM they gave me the value of what it would cost to replace, minus the payoff. I want the payoff, the Med. co pays, the car rental that we have had since Dec.4 and the storage fees that we payed out to the place where the car was towed to.
All i see with Allstate with:
" their acident forgiveness" is "don`t worry,you can destroy other peoples propery, because we ain`t paying anyway." screw the other driver thats what they should say in their commercials.
I lost alot of money due to someones selfish driving

Total Comments: 2

Posted: Wed Jan 20, 2010 03:20 am Post Subject:

Okay, first.... you mention that Allstate told you that you needed to file the medical portion of the claim with your own carrier. You then mention that you filed your property damage loss with your own carrier as well. Did someone tell you that you needed to file both of these with your own carrier? I doubt there is a policy limits issue so it appears that you could have filed your property damage loss with Allstate and your injury loss with your own carrier.

Your carrier should submit what they paid as well as a demand for your deductible to Allstate. Once Allstate pays this, your carrier will pay you back your deductible. If you don't have rental coverage under your policy then you need to send that rental bill to Allstate so that they can pay you directly.

Your carrier should be able to pay the storage fees... if they have not, send them the bill so that they can reimburse you (though, usually when the carrier picks up the vehicle they pay the storage fees... the owner does not pay them unless for some reason _you_ moved the car).

You don't get the paid the value of the vehicle _and_ your pay off amount... you get paid the value of your vehicle. Of this, the pay off amount goes to your lien holder and you get the rest. If it did not, you'd still have to pay that amount to your lien holder. So its the same thing.

What state did the accident happen in? This determines how your injury claim is handled.

Posted: Fri Jan 22, 2010 11:16 am Post Subject: Deductibles

It is not clear what the company has paid you till now. But if you have rental coverage within your policy you can claim it. Since your car is totaled you would be getting the actual cash value minus the pay off.

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