by smith123 » Wed Aug 19, 2009 03:58 pm
I had a no fault accident with damage to rear bumber and some auto body damage. The estimator of the other drivers insurance gave an estimate, however he said it needs to be approved by the adjuster. I have not called the police for last few days since accident. I need to know following:
1. The adjuster has not sent an email stating that they admit their insurer/drivers fault, however they verbally agreed on phone.
2. I took the car ot body shop and they say that they can give a better deal on trade-in as-is basis, so can I request insurance to provide me a check for the damage, will they do it?
3. I have bodily injury, I have not called police as it was apparent no fault of mine, however I requested the adjuster to send an email confirming this, which is not done yet.
Thanks in advance, forum
1. The adjuster has not sent an email stating that they admit their insurer/drivers fault, however they verbally agreed on phone.
2. I took the car ot body shop and they say that they can give a better deal on trade-in as-is basis, so can I request insurance to provide me a check for the damage, will they do it?
3. I have bodily injury, I have not called police as it was apparent no fault of mine, however I requested the adjuster to send an email confirming this, which is not done yet.
Thanks in advance, forum
Posted: Thu Aug 20, 2009 04:08 am Post Subject:
1./3. I don't see the adjuster sending you an e-mail stating that they were accepting liability. You said that they told you over the phone that they were acccepting liability and that should do. I never sent anything in writing stating that my driver was at fault. The estimator is correct...he estimates damage..the adjuster has the final say on the payment.
2. You have two claims... property damage claim and bodily injury claim. They should cut you a check for the estimated property damage, and it is no business of theirs if you have it repaired or trade it in as is. Your bodily injury claim will be handled separately from the property damage.
Posted: Thu Aug 20, 2009 04:17 am Post Subject:
You can request that the check be made payable to you and as your a 3rd party, this is how the check should be issued anyway.
The adjuster is under no obligation to confirm in writing that they are accepting liability. When it comes down to it, only a judge can pass this legal judgement. If you were to read a release even the release states that it's a settlement, not an admission of guilt. But most adjuster will tell you verbally and also probably provide this information in writing... it's just that there is really no reason for the adjuster to stick his/her neck in a noose this way.
Posted: Thu Aug 20, 2009 05:38 am Post Subject:
Thanks for your repky. It was helpful. Now adjuster had infact stated on mail accepting the fault, the reason why I was worried was I didn't call police. Now, do I have a right to request check to be mailed? The estimate also includes car rental, though I'm not certain whether they would include it if I request check. I would like to trade in for a safer car, or jeep and it would help me reduce the down payment.
Posted: Fri Aug 21, 2009 06:13 am Post Subject:
For a third party claim, they should be sending you the check in your name only anyway. The check does not have and really should not have a body shop on it. If they put rental money in the check, then good for you. What you do with it is your business.
Posted: Thu Sep 03, 2009 04:39 am Post Subject:
thanks for the reply. For the bodily injury portion, I had undertaken medical treatment. I am asked to continue the treatment for few more months. I am worried I have already spent, and would have to spend more. Would that be covered under Bodily injury? So far the adjuster has not called me, although they agreed to meet me initially for BI claim, but they have not contacted me inspite of voice messages. There is no accident report filed so far. Do I need an attorney?
Posted: Thu Sep 03, 2009 08:22 am Post Subject:
No one can tell you if you need an attorney or not. Personally, I would always see what I can do on my own before paying someone 1/3 of my settlement to make a few phone calls to an adjuster. They should return your calls, but they are not going and you shouldn't want to settle until your treatment is finished. They are not going to pay as you go. The medical bills will be totaled into the BI settlement at the end of the claim, including any other loss of wages and pain and suffering.
Just be careful about your treatment. Some doctors (read chiropractors) will tell you need a bunch of treatment when you don't. Only you can decide when you feel better when you suffer a sprain or strain or neck and/or back. (which is what I assume your injury is). If you receive excessive treatment in the eyes of the insurance company, they will review the medical records and will fight anything excessive. Just a heads up. Other then that, there is no reason you can't handle this on your own. If you get to a point you feel you are over your head or you are not getting anywhere with the adjuster....then talk to an attorney. (or at least that is what I would do).
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