dealing with insurance over a "totaled" vehicle?

[WAZZUXJ]

The "investigation" is BS! It makes no difference to you what caused the accident. Your vehicle is now damaged and requires repair/replacement. The sole purpose of the insurance company is to get you back to whole in a timely manner. If the insurance company believes that perhaps a vehicle malfuction caused the accident, then they can follow up with an investigation and seek reimbursement for funds paid out. If not then to bad for the insurance company.

There is no reason for those harmed in the accident to endure prolonged hardship to find out who is going to pay for the damages.

 

[David_Bricker]

Another thought. Having an attorney write a letter to the insurance company, which "should" only cost you a hundred bucks or so, could greatly encourage the insurance company to get off the stick and resolve this. The insurance company will not like the idea that you may be informed about your rights, and sought to retain council. They know they're stalling you, and the letter from the attorney may kick them in gear.

David Bricker / SYR

 

[RWKHausSupply]

The only thing a "letter" will do is get the rental car covered for now.
If there was high loss in the accident then the insurance company is trying to get a full loss report so that they can see if everyone is covered 100% or only partially. Till they get the full amount of loss, and compare it to coverage amount, they will not be paying out anything other than immediate needs. Which in your case is a rental car.

I though, would have continued to cruise a rental, unless you have a 2nd car, and the limits of coverage might be reached. In which case they will determine how much of a percentage each person with a loss will get and then pay out accordingly. In which case your rental might cost you a small percentage.

 

[Hellbent]

it appears that, although horrible and frustrating, this is a legitimate thing.
my insurance lady spoke to USAA several times so far; she says that because of the high dollar figure of the damages to several vehicles, they have to wait until every vehicle is 100% inspected and all damage is accounted for.
Then, they'll know if there is going to be a "limits issue".
USAA says because the driver is blaming the car, they are not accepting any liability right now, pending the outcome of the investigation into the scion(if found "faulty", liability would be on toyota).
my insurance says that is the way it would be handled in a case like that, and while shi**y, is what it is.
i returned the rental, so as not to get screwed in the long run.
i've got my xj more or less back on the road now, so i'm basically ok in that respect. still lots of little things to do, but it'll get me to work and such while i wrench on it.
just waiting now....

 

[Johnnie Walker]

it appears that, although horrible and frustrating, this is a legitimate thing.
my insurance lady spoke to USAA several times so far; she says that because of the high dollar figure of the damages to several vehicles, they have to wait until every vehicle is 100% inspected and all damage is accounted for.
Then, they'll know if there is going to be a "limits issue".
USAA says because the driver is blaming the car, they are not accepting any liability right now, pending the outcome of the investigation into the scion(if found "faulty", liability would be on toyota).
my insurance says that is the way it would be handled in a case like that, and while shi**y, is what it is.
i returned the rental, so as not to get screwed in the long run.
i've got my xj more or less back on the road now, so i'm basically ok in that respect. still lots of little things to do, but it'll get me to work and such while i wrench on it.
just waiting now....

Keep receipts for your fuel, and work you have had to do to your XJ. I believe that could be factored in same as a rental?

 

[sidewaysstarion]

Keep receipts for your fuel, and work you have had to do to your XJ. I believe that could be factored in same as a rental?

Nope, he should have kept the rental like I said, there is no way they would ever make him pay for it.

 

[Hellbent]

I would have liked to, but I just can't risk getting stuck with a $1k(+?) rental bill.
I spoke with his insurance again this evening, it tentatively sounds like they're going to take the liability, and deal with whatever investigation after that part is done.
the lady said that right now they're really just waiting to make absolutely sure of what all the damages total, then we'll see if there is enough coverage to take care of all three vehicles 100%.
I'm supposed to have an answer/possible offer "probably within a couple weeks at the most". at least this is kinda-sorta going somewhere now.
I'm saving all receipts for anything related to this in any way.

Nope, he should have kept the rental like I said, there is no way they would ever make him pay for it.

 

[sidewaysstarion]

I would have liked to, but I just can't risk getting stuck with a $1k(+?) rental bill.
I spoke with his insurance again this evening, it tentatively sounds like they're going to take the liability, and deal with whatever investigation after that part is done.
the lady said that right now they're really just waiting to make absolutely sure of what all the damages total, then we'll see if there is enough coverage to take care of all three vehicles 100%.
I'm supposed to have an answer/possible offer "probably within a couple weeks at the most". at least this is kinda-sorta going somewhere now.
I'm saving all receipts for anything related to this in any way.

When my car got totaled I drove a rental for 45 days and the bill which the insurance covered was $280, Their cost on the rental was around $5 a day.

The rental car was from enterprise and the insured's company was mercury.

 

[markw]

Yes, been there, done that. My minivan at the time was parked legally in front of my place, gal backed out of the neighbors across the street driveway. I had a rental for around 2 weeks. I had to argue with her insurance over that, they picked up the tab for the period my minivan was in the shop. They tried telling me I was only authorized a compact, which they caved on and gave me at the tine a new 95 Cherokee. Even if you had a second car, you were not at fault, he's liable. You need to go about your business until it's settled. You can keep a nice shiny rental until they settle, and the rental is on them.

 

[RWKHausSupply]

Well if limit of coverage is say 15,000$. He hits 3 cars and his own. I seem to recall that that means if each car say is valued at $6,000 = $24,000. Then add in 4 rentals at 15$ a day (thats what they actually pay for a intermediate, do some asking, as I have lately with AAA) and each party has the rental for say 2 weeks = $840 total.

Then take that total of $18,630 and your over coverage limit. And since I made it all equal amounts to make this next figure easier to figure out. Thats $4657.50 due to each, but limits of coverage says only $3750 ea (if all had the same exact loss amount, otherwise there is a prorated % that each gets in comparison to the amount of loss). But if each person didnt get a rental or claim it, then the amount each they get is more.

Thats just a very basic way that I seem to remember it being explained, from when I asked about my last accident and amount of coverage I needed, due to owning over a mil in assets (house, cars, RV, etc) and how to cover myself in case of extreme auto or home accident, without poss of loosing something, if I am at fault.

Which comes to the next poss. IF you feel its worth it, you are always open to a personal civil suit to cover anything his insurance doesnt in $. You have decent poss of having the court to make him pay out of pocket (even if it mean liquidating assets), to make up the total amount of loss. Doesnt seem worth it in this case. but imagine if you were in a say ford raptor valued at over 60K....

 

[Hellbent]

Well, the numbers are all in.
The damages were well over his coverage limit.
The end result is I keep the truck to do with as I wish, and they give me a check for $2200(2500-300 for buy back=2200). If I want more, I'll have to sue him. I can't see that being worth my time & effort just to hope to recoup another couple grand.
I'm going to keep some stuff off the truck, sell anything else I can, then scrap whatever's left.
Thanks for all the suggestions & advice. This was a real learning experience for me.
I've upped my insurance coverage quite a bit(cost is fairly negligible), so if & when something similar happens again, I'll be in a better situation. Lesson learned.
Now to decide if I should throw some money at the xj, and buy a lil DD beater for backup, or throw it all at the Jeep, or......?

 

[Johnnie Walker]

Glad that you are finally getting something out of the deal.
Anything you care to donate to my project MJ is welcome (=

 

[Hellbent]

My buddy needs the tranny(ba 10\5 :laugh, and maybe the tcase-though it may be cracked....not sure yet.
I'm keeping some stuff, but there'll be mj specific interior stuff, back window, tailgate, one tail light, ecu, etc available.
Going to make up a post in the socal for sale section sometime in the next couple days. pm me with anything specific that you want, and I'll let you know. Everything will be cheap/best offer kinda deal.
I may even sell the coveted renix ac delete pulley & bracket. :laugh:

Glad that you are finally getting something out of the deal.
Anything you care to donate to my project MJ is welcome (=

 

[Johnnie Walker]

If an 89 ECU, definitely interested and the Renix delete bracket setup.
My MJ interior is mostly missing. Have bucket seats and the steering column still bolted in.
If full instrument panel is available that would be nice as well.

 

[Boudroux]

Well, the numbers are all in.
The damages were well over his coverage limit.
The end result is I keep the truck to do with as I wish, and they give me a check for $2200(2500-300 for buy back=2200). If I want more, I'll have to sue him. I can't see that being worth my time & effort just to hope to recoup another couple grand.
I'm going to keep some stuff off the truck, sell anything else I can, then scrap whatever's left.
Thanks for all the suggestions & advice. This was a real learning experience for me.
I've upped my insurance coverage quite a bit(cost is fairly negligible), so if & when something similar happens again, I'll be in a better situation. Lesson learned.
Now to decide if I should throw some money at the xj, and buy a lil DD beater for backup, or throw it all at the Jeep, or......?

If I were in your shoes I would absolutely sue him in small claims. This person may not have anything now but judgments are good for a very long time and they may have something down the road. Small claims is cheap and easy. I have to go after tenants that skip out on me often.

 

[Hellbent]

Bringing this back from the semi-dead for some additional suggestions.

Several weeks ago, over the phone, I was told that usaa was taking responsibility and was given a settlement figure. I was told that I just needed to send them a copy of the title and we could move forward.
The next day, I was sent an email from usaa asking that I reply with a copy of the title. Couldn't find the damn thing anywhere, so I had to get it reissued. Let them know that I had lost it, was told "no problem, send a copy when you get it". Two weeks later I got the title, emailed the copy, and heard nothing back. So, I called two days later and left a message. No return call, so I called again two days after that, still no return call.

Today, I get a letter saying that the claim is " unsresolved because of additional demands from the insurance company". Not sure whose insurance company they're referring to...
I called and blew up the reps voicemail, as now I am pissed off.
Not sure what to do next. I don't see how they can give me a number(that kind of sucked anyway), then go back and say it's unresolved again.
Any suggestions? I'm going to call the usaa lady again first thing in the a.m., then I'm calling the California Department of Insurance to file a complaint.
This is just ridiculous, and I feel like they're giving me the runaround. :flamemad:

 

[TheLaredo]

retain a lawyer.