• 2007 AAR League

    My wife was rear ended by another driver.  He is entirely at fault.  His insurance is covering our costs.

    But….

    They are treating us as a “third party claim”.  This means we get a lump sum payment when we finalize all the bills and costs.  We get nothing until then.

    So, here we are with a rental car, medical bills, lost wages, etc and we get to eat the interest cost of the money it takes to cover all of those expenses until the mess is cleaned up enough that we can actually settle a lump sum.  There is no provision for them to pay the interest on that money nor is there any provision for partial pay outs during the course of the treatment or vehicle repairs.

    Anyone know a good lawyer and is there a legal leg to stand on with expecting the insurance company to either do partial payments or cover the cost of the interest?


  • You want to also check on whether or not you can claim “diminished value” for the vehicle in your state (some states allow it, some do not).

    Also, you want to remind that insurer that their responsibility is for you to be “made whole” as though the accident never happened (to the limits of the other driver’s coverage).  So you submit for EVERY SINGLE EXPENSE that you incur.  Then, when it is over and you have the check from them, you file small-claims against the driver for the uncovered costs (such as the interest costs for the money you fronted while awaiting settlement).

  • '18 '17 '16 '11 Moderator

    You can also ask your insurance provider to handle your claim and go after his insurance for reimbursement.  This is what I did when I was rear ended.  Not all providers will provide that service, but the better companies will.  You pay your deductible, they pay the rest, you get your deductible reimbursed when your insurance company gets paid from the other company.

  • 2007 AAR League

    Switch - Thanks for those tips.  We will definitely be looking into those points.  One of the pissers in this is my wife is currently on summer vacation so she is not officially losing time from work.  Never mind that this is essentially her vacation time that is being chewed up.

    Jennifer - We considered having our insurance get involved but in discussion with our claims agent, if we get our insurance involved it will increase the odds of an increase in our premium.


  • I have never had to deal with insurance, because I have never had an accident. :mrgreen: My truck still doesn’t have a scratch on it.

  • '18 '17 '16 '11 Moderator

    That is a downside.  Some of the not so good insurance providers will grant your claim, recover the losses, and still ding you on your premium. :(

    May I recommend Erie Insurance?  They cover you no matter what AND if it isn’t your fault, you can have them do the legal work to recover the losses with no ding to YOUR premiums. (Assuming they recover their losses.)


  • @Baghdaddy:

    My wife was rear ended by another…

    :-o  Whoa

    …driver.  He is entirely at fault.  His insurance is covering our costs.

    Ah, where was my mind?

    They are treating us as a “third party claim”.  This means we get a lump sum payment when we finalize all the bills and costs.  We get nothing until then.

    What does that phrase even mean?  Have you talked with them directly?  You might want to threaten legal intervention and see what happens.  Jenn’s recommendation is also a good one.  But what I would check first is whether you and the other driver have the same insurance company - ripe opportunity for insurance fraud.  It sounds like you know they aren’t…

    So, here we are with a rental car, medical bills, lost wages, etc and we get to eat the interest cost of the money it takes to cover all of those expenses until the mess is cleaned up enough that we can actually settle a lump sum.  There is no provision for them to pay the interest on that money nor is there any provision for partial pay outs during the course of the treatment or vehicle repairs.

    Also, do what Switch says.  You need to mark down every individual you speak with, what they say, etc. for a possible court date.

    Medical bills…is she all right?

  • 2007 AAR League

    Thanks for the advice.

    She is as OK as can be expected.  Chiropractor visits daily, muscle relaxants, heat and cold.  It is all soft tissue damage on the back, shoulder and spine.  Thankfully today MRIs can actually see that kind of stuff so the debate of whether it is “real” or not is gone.

    She will get better but the car will be “as good as new” long before she is.


  • You know, I hate to say this, but cars and cash to repair them, and lost wages, etc. are just STUFF.

    The fact that the woman you love is alive and will heal completely is the most important thing in all of this.

    Now…
    Since we know we know she will live and will heal…

    Document every single expense.
    File copies of each expense with the insurance company.
    Appeal every single initial ruling (low-balling is SOP).
    Ask to speak to the Adjustor’s Supervisor if your cash settlement offer is anything less than 100% of what you calculate (Adjusters are often independent contractors that keep their jobs based on how little they authorize to pay out… the SUPERVISOR though is usually a company employee, and is tasked with avoiding litigation…)
    Be sure to claim Diminished Value if taht is allowed in your state.
    Start research on how to file a small claims case against the other driver for the difference between your calculated losses and the insurance settlement (be sure that any settlement papers are ONLY with the Insurance Company, not with the driver).

  • '18 '17 '16 '11 Moderator

    @ncscswitch:

    You know, I hate to say this, but cars and cash to repair them, and lost wages, etc. are just STUFF.

    The fact that the woman you love is alive and will heal completely is the most important thing in all of this.

    Why would you hate to say that?  It’s, in my honest opinion, the best thing you’ve typed on these boards.  I’m not saying you don’t type other good things, but this is by far the best expression of thought I’ve heard from you.  Cash, cars, bones, etc are all things.  Things can be replaced or lived without.  Life cannot be returned, it is either there or it is not.

    Anyway, I wish you the best in recovering your damages.  Insurance can be a pain, especially if it’s a big name like Allstate, State Farm, etc.  I prefer smaller companies myself, if they are trust worthy.  Usually pay out faster, though they may ding you more then other companies.  And they’re more willing to help you recover, in my opinion.

    Anyway, you may want to look into Erie Insurance.  They’re great, at least in Illinois.


  • The hate comment referred to the first sentence only, not the second sentence.

  • '18 '17 '16 '11 Moderator

    @ncscswitch:

    The hate comment referred to the first sentence only, not the second sentence.

    I know.

  • '19 Moderator

    Switch- Hater…

    BDY- I was reciently in a similar situation, I was hit and filed a claim with the guys insurance.  His insurance tried to drag things out.  I could never seem to get a hold of the adjuster and when I did she would tell me that I needed to do this or that.  Fortunately I have a prepaid legal service for just this type of thing.    So I left a message saying that I was tired of dealing with her company and and my legal representative would be contacting her.  I wasn’t bluffing in my case, I had contacted them to get the ball rolling.  Funny thing is all the things she “needed” before she could process the claim sudenly weren’t nessacery any more.  So I was able to cancel the action before it started.

    You never know, if you word it right a good bluff could get you somewhere…

Suggested Topics

  • 11
  • 43
  • 1
  • 57
  • 1
  • 5
  • 36
  • 39
Axis & Allies Boardgaming Custom Painted Miniatures

37

Online

17.0k

Users

39.3k

Topics

1.7m

Posts