Auto accident in WI - 3 vehicles

by Guest » Tue Mar 11, 2008 09:41 pm
Guest

The short version: Slick ice, northbound milk truck slid into southbound lane ditch with rear bumper still sticking out into southbound lane. I (southbound) tried to avoid the milk truck but couldn't and my car sustained damage to right side.
A 3rd northbound vehicle slides into my vehicle left side. The 3rd vehicle insurer comes out before my insurer and says my vehicle is not totaled and cuts a check for their part of the damage.
My insurer comes later and says that the other drivers insurer should not have cut a check because my insurer says they they are supposed to do that. And, my insurer says my car (96 VW Passat TDI S/W) is totaled.
Can have the left side damage fixed separately from the right side damage and have two separate checks cut instead of what my insurer says must happen?
PS: I do plan on repairing the vehicle.

Thanks, Kurt

Total Comments: 33

Posted: Wed May 28, 2008 03:52 pm Post Subject:

Hello Lori,

I contacted the CCC at 800-637-8511 and spoke to a representative that was able to answer questions about the "Local Market Comparable Vehicles Detail" that I was looking for. The "Baseline Adjustment" is (as described) the average difference in $ between the typical dealer lot vehicle compared to what the private owner will have for sale. Like, the private owners car may have a some rust when the dealer vehicle will not. The dealers vehicle interior and engine will be very clean when the private owner vehicle will not, etc, etc. The CCC deducted $1,067 from my vehicles condition when the only thing noted (that I saw anyway) was a small quarter size rust bubble on the right front fender.
I did provide my insurance carrier info to support the fact that my vehicle had been well maintained. I would bet that it was better maintained then the vehicles that the CCC compared them to!
Anyway, my insurance company just informed me that I have until June 6 to respond with new info or they will pay out at the original estimate and the case will be closed.
I have not yet sent my complaint to the the state insurance commissioner but still want to.
I am loosing steam on this whole thing. I'm tired and been busy with the rest of my life lately. However, I still think I have plenty of info to provide the insurance commissioner ...... but I'm still unsure if this is all going to help anyway!
I will try to finish putting together all my info for the state tomorrow and send it to them. Wish me luck!

Thanks, Kurt

Posted: Thu May 29, 2008 09:42 am Post Subject:

I am loosing steam on this whole thing

I certainly understand that....

The CCC deducted $1,067 from my vehicles condition when the only thing noted (that I saw anyway) was a small quarter size rust bubble on the right front fender

. Well they probably figured to fix that was around 700 (about right depending on where on the fender it is and assuming it's not flat black). or so..then full detail for a few hundred more.. (some carriers add that to every total :roll: personally I only hit some one for that if the vehicle is pigged BAD)..

I have not yet sent my complaint to the the state insurance commissioner but still want to.

You can still do this, just don't wait more than say thirty days after they pay you (if that happens)...if found unfair they can still be compelled by the DOI to pay you more even after they have issued payment.......

but I'm still unsure if this is all going to help anyway!

Well Kurt, I don't know either, but I do know it won't hurt... :wink:

Wish me luck!

Of course best of luck! Let us know!

Posted: Fri Jun 24, 2011 01:16 pm Post Subject: Your issues

Kurt and Theresa,

I'm going through a similar experience with Farm Bureau and CCC on behalf of my son's collision. You really do need to contact your state's Department of Insurance as they can point you to state laws governing the insurance company's valuation practices. In my case, it has proved helpful because at every turn, I am throwing STATE LAW in their faces. As far as the CCC report goes, see if there are missing pages in it. Of a 17 pg. report I received, 3 relevant pages had been pulled out from within it. Easy to miss if you don't pay attention to the page numbers. I received a call from the insurance company before I responded to the CCC report, and the first thing they asked me was, "Was anything missing?" I believe they were feeling me out to see if I had noticed. I had noticed, and at the moment of the call, I had a letter prepared in regard to the CCC report and immediately sent it to them. It is wise to respond to the CCC report page by page. For example:

"I have established here that CCC One compared an extreme number of 24 regional comparable vehicles to determine the questionable quote of $9,650.

PAGE 2:
Irrelevant - with the exception that it further supports that the mileage and automatic transmission of the Mazda isn’t considered “standard.”

PAGE 3:
This page is missing from within the provided PDF document (.pdf), “CCC Market Valuation
Report.” See notes under Page 4, below."

Note anything and everything under page headings that you find suspicious, questionable behavior. Also, see if they provided "List Price" and "Take Price" on the comparable vehicle valuations. They calculate their final figures based on the "Take Price" which is an additional shady practice, as it is highly improbable that YOU could buy the vehicle at the TAKE PRICE. Insist that the Take Price not be considered as it unjustly stacks the odds against you in getting an appropriate valuation. Too, I would STRONGLY question the use of ANY vehicle OUTSIDE of your LOCAL MARKET. Are you really going to drive to OREGON to buy a replacement vehicle? No. Would they? No. You should research only those vehicles that are in your immediate area as vehicle values can change drastically from local market to local market. YOU will be shopping in your local market if you were to buy a reploacement. In my state, the insurer can "elect" to go buy the replacement vehicle themselves and deliver it expediently. This, according to general statute (law). At every turn, I am telling them that THEY should go buy the vehicle at those "Take Prices" then, they have that right. They then, flip out, the adjuster stating "I'm not going shopping!" I secretly laugh. Of course they don't want to do that. They do not want to go to court, remember that. But don't threaten them with that either. HINT at it, but don't threaten. They know it's a possibilty. So keep the pressure on, tear the CCC report apart, check the KKB and NADA valuations (they are reasonably fair, but the value is the "sell to private buyer, not trade-in...they can't prove you would DO a trade-in), and finally, check your STATE LAW. Too, if any pages are "missing" in the CCC report, confront them, because this brings into question the insurer's "good faith" practices and certainly warrants a complaint to the Dept. of Insurance. Just to note, when I began to fight their valuation, our adjuster suddenly went on "vacation" too. I believe this to be another tactic to stall, make you panic, and to settle quickly before that happens. They KNOW you want to be on the road again and will play that card to the hilt. All my best wishes...and now back to MY battle of the wits....lol. :twisted:

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