totaled...out of pocket $7000.00???

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PostPosted: Thu Mar 22, 2012 2:14 am   Post subject: totaled...out of pocket $7000.00???  

I was rear ended at a stop light in May 2009. I was the first hit, but a chain reaction happened and the 2 cars in front of me were damaged also. My car was totaled. The girl that hit me was underinsured. My car was paid off by my insurance company. However, I had to pay approx $1,300 for a car rental and then the car that I had was a 2008 Equinox (only had it for a year and a month, bought it with 0 miles) so the car that I bought later was of equal value - actually a little cheaper - 2010 Equinox and I had to put a down payment on it as well as pay the sales tax for it which was $1,425 because I didn't have a trade in. The girls insurance company (USAA) did pay for my medical bills which were approx $500.00. I have tried over and over the last 2-3 years to talk to the man at USAA dealing with my case, but he either doesn't answer or VERY RARELY calls back. They do not consider my car rental, down payment, and sales tax an "out of pocket" expense so therefore will not pay for it. However, I DO consider it an "out of pocket" expense because if the girl would have never hit me, I would not be out this money, nor would I have had to pay it. The last I heard from the agent at USAA was they would settle for $1,092.00 and never even mentioned what this was for (he left a message on my cell phone while I was at work).

What do I need to do? Statute of limitations runs out for me (In Arkansas) May 2012 and I'm worried he's just prolonging calling me back, etc where I will end up getting nothing. Am I being unreasonable on wanting the money that I had to spend, because of what this girl did, back?

Please give me suggestions and opinions. Thanks!

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PostPosted: Thu Mar 22, 2012 4:54 am   Post subject:   

First, there is not excuse for not being able to reach someone for weeks... let alone months or years. You call the adjuster and leave a message. If you don't hear back within 48 hours, you call that person's supervisor. After a few days you should be around the president of the regional office. Still if for some reason you are not able to speak to someone, you file a complaint with your states dept of ins. I guarantee you that you will hear from USAA's regional office president's special customer service person within a few days.

As far as everything else... it does not make sense. If the other person was underinsured, they should not be paying anything without you signing a release. If you had a 2008 vehicle that was not paid off then you should have collision coverage. If you have collision, you file under your policy and seek recovery from USAA for your deductible only. Still, USAA should not be paying one dime on property damage until you signed a release. I don't see how/why they would have paid for your vehicle and not rolled rental in with it. Rental part of the loss as well as tax. Your down payment is not a part of the loss as it's considered in the value of the vehicle damaged. I think there is some miscommunication on this "out of pocket expense" thing.

If you cannot settle this entire matter within the next few weeks, I'd hire an attorney to file suit and protect the statute (your right of recovery).

Your first step is to move up the ladder at USAA and have someone take the time to explain everything to you.

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