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Post by hop2 on Dec 2, 2014 17:52:59 GMT
That's a pretty hard deal to negotiate without an attorney - the system is just set up that way. There are different insurance adjusters assigned when an attorney is involved (with higher authority/limits) and another adjuster (again with higher limits) when a lawsuit is filed. There are also lower odds for you without a lawsuit. That's a bad spot - best of luck! if she's persistent it could work but she will have to keep plugging away at them. ( and probably go all the way to small claims court )
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Post by iamkristinl16 on Dec 2, 2014 17:57:49 GMT
I would seriously consider including mental health treatment in your medical costs. You are having significant anxiety/possible PTSD symptoms that have been worsened by this accident. That can be as serious as physical pain.
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Post by hennybutton on Dec 2, 2014 18:19:59 GMT
That last line in your post is spot on. Even though Geico finally paid my claim, I had to sue their customer to get paid. I think your advice is the best I've heard yet. Sucks. It's easy to say, "get a lawyer!" It's just not that easy. My claims are significant, but not enough for an honest attorney to get involved based on their % payout. Most have suggested I just pursue on my own and not let the insurance company run me ragged. A couple have said they would represent me but I'd have to play a game that I feel drives up the costs to the insurance company and wastes my times so why bother? I just want to be made whole as I was before this accident happened since it wasn't my fault! I could cry. Sadly, when dealing with insurance claims, you usually do have to "play a game" to get a fair outcome. It's not easy hiring a lawyer and it does take a lot more time, but you'll probably be more satisfied if you do. Keep in mind that your injuries may have ongoing consequences and you want to make sure that you're covered for any future medical issues that may arise because of this accident as well as getting a fair settlement on your property damage. Another poster said something about anxiety and PTSD. You may want to check into getting coverage for treating that as well. Good luck. I think it would really help to have someone on your side when dealing with the insurance company.
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sweetpeasmom
Pearl Clutcher
Posts: 2,598
Jun 27, 2014 14:04:01 GMT
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Post by sweetpeasmom on Dec 2, 2014 18:30:48 GMT
At this point, if the at fault insurance company will not work with you, why not go through your insurance company to get it settled and then they can go after the other for subrogation? You'll be out your deductible for that time but you'll get that back when they are done.
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Post by whopea on Dec 2, 2014 18:48:45 GMT
I think that you should pursue trading this vehicle in and purchasing a new one. It sounds as if you'll not be comfortable ever and it's better if you dispose of it now rather than waiting, both from a mental health perspective and an establishment of value. I am sorry to say that I agree with a few others on here - even though you would likely win a diminished value claim, you're still not going to be made whole. The diminished value wouldn't equal the purchase price of the car. A car depreciates significantly the day it's driven off the lot, whether it has 50 miles or 500 miles on it.
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likescarrots
Pearl Clutcher
Posts: 2,879
Aug 16, 2014 17:52:53 GMT
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Post by likescarrots on Dec 2, 2014 22:09:00 GMT
My advice is to get the money. My husband sued a tow truck company after he was hit from behind, and their insurance company, without a lawyer in small claims court and won. Insurance companies want you to think you won't win and it is impossible, but in my opinion you do a disservice to yourself and society by letting them perpetuate that sentiment by not suing for what is rightfully yours.
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Deleted
Posts: 0
Jun 14, 2024 10:58:49 GMT
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Post by Deleted on Dec 3, 2014 2:50:23 GMT
That's a pretty hard deal to negotiate without an attorney - the system is just set up that way. There are different insurance adjusters assigned when an attorney is involved (with higher authority/limits) and another adjuster (again with higher limits) when a lawsuit is filed. There are also lower odds for you without a lawsuit. That's a bad spot - best of luck! if she's persistent it could work but she will have to keep plugging away at them. ( and probably go all the way to small claims court ) Persistence is needed and necessary - agreed. It doesn't change that fact that the adjuster cannot settle outside their authority limits, and you don't get to pick your adjuster. The sytem is rigged, and that's not fair. But it is what it is presently.
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Deleted
Posts: 0
Jun 14, 2024 10:58:49 GMT
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Post by Deleted on Dec 3, 2014 2:52:08 GMT
I would seriously consider including mental health treatment in your medical costs. You are having significant anxiety/possible PTSD symptoms that have been worsened by this accident. That can be as serious as physical pain. I agree. You have to actually see a doctor and/or therapist and work through their course of treatment, of course.
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Post by manda on Dec 4, 2014 9:04:38 GMT
I'm adding this into the OP as well, but since some read the thread and some read the OP, I'll copy/paste. I got my car back today with the statement of all repairs made. There was damage to the unibody (most cars today don't have a frame so much as a unibody; please go read about this) which was repaired for a significant period of labor hours requiring certified workers to repair it. Because my new car has a high retail value, the final repair value even with the work done to the unibody is not a high enough percentage of the retail value so it's not totaled. But please go read about the impact of unibody damage to resale value. That's what I think I would like to recoup. Not one of us would want to drive this vehicle. That sucks. I know many of you have been in similar situations and would agree that it sucks. First, thank you again all for your thoughts and perspective. My apologies for the delay in responding. It's a busy time at the new job and I tire easily now. Second, Medical claims and Auto claims are handled separately in an accident (how nice, no? ) Some of you have been very sweet in advising me on the Medical. I'm okay in that area and addressing it in a way that I feel comfortable and believe I will "be made whole" if you will. My concern is not even the actual auto repairs, but with the Diminished Value, or loss in trade in value due to the accident. My medical claim already includes anxiety and PTSD. Thank you again for considering that as well. Third, I want to be clear that I am not asking the other driver/his insurance to pay me for the loss of value of the car when driven off the lot. I will take that responsibility as somebody who chose to purchase a brand new vehicle (imagine where I would be if I paid $12k for a used vehicle cash in this same scenario!) Basically, I want the difference in what the car is worth trade in right now with no accident history versus accident history. I have 800 miles on the car though the accident occurred more than 50 miles ago. This is what Diminished Value is. There is case history for it. Insurance companies just don't like it so I have to be prepared to fight for it. I think a 37 day old car is worth it. Fourth, I cannot stress enough how important it is to read the small print of your insurance policy AND to be aware of the laws in your state because NOBODY from either insurance company is going to advise you or suggest opening this specific claim. We all think we know what our insurance covers and we all assume our insurance will advise us if we need it. NOT true. NOBODY will mention you may be able to file a diminished value claim in addition to the auto claim and medical claim. All my insurance company did (regarding car repairs) was make it painless to me and waive my deductible. My rep has told me more than once, "I cannot advise you on that. You will need to speak with the insured's insurance company." End of story. I had the car repaired with no out of pocket costs to me, including the rental car since I have that coverage. Thank goodness. I had to bring up diminished value. I did my research and spoke with 3 attorneys. Diminished value claims are legal in the State of California to pursue if you are not the person who caused the accident (and I am not). Insurance companies also resist paying this for as long as possible even though this is what the Property Damage component of insurance coverage is for. EVERYBODY I have spoken with (including a friend who is a VP at Progressive Insurance) says I will pretty much have to take the insured to small claims court before GEICO will pay out. Maybe this is so they have an excuse to cancel their coverage after a significant accident? I don't know. Fifth, now that I have the car back, I have an appointment with a service who will estimate the loss in diminished value for me that was recommended to me by one of the attorneys. I also plan to trade in the vehicle before year end (hopefully this weekend) to the same dealership for the same car. All three attorneys I spoke with who specialize in this area of law (not personal injury) said this will be the BEST way to prove diminished value. I guess I share some of this to share what I have learned in this process so others perhaps can use it later. Everybody says "GET A LAWYER!" as soon as there is an accident and it really isn't that simple, particularly dollar wise and percentage wise.
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Post by DinCA on Dec 4, 2014 12:48:23 GMT
It sounds like you are making progress. You'll have a better idea of where you stand after you sit down with the dealer to trade the car in.
Here's my advice: I think you should trade the car in and replace it with a new version of the car you had if you can afford to do that. I would advise you to sue for the diminished value but I would suggest you wait a little while to do so, again if you can afford to do that. For one thing, even though you think your medical expenses will be taken care of to your satisfaction, you really don't know how you're going to feel physically, and mentally for that matter, a year from now. You may still be in pain then. Don't rush to get it settled. If you are not well a year from now, then you will want to hire an attorney who will likely be able to take care of both issues for you. And if you're feeling much better in a few months and don't require an attorney, then you'll also be in a better position to handle the stress that comes with filing a suit.
Replace your car, allow yourself to regain some peace of mind, and get well. The rest will wait.
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likescarrots
Pearl Clutcher
Posts: 2,879
Aug 16, 2014 17:52:53 GMT
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Post by likescarrots on Dec 4, 2014 16:03:35 GMT
I should also mention to be aware that the insurance company lawyer will try to ruin your credibility by saying gross things about you in court and will try to make it seem like you caused the accident no matter how much evidence you have. If you are prepared for this in advance you can deal with it in a calm manner rather than being blindsided by it.
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jj
Shy Member
Posts: 48
Jun 26, 2014 19:11:33 GMT
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Post by jj on Dec 4, 2014 17:48:39 GMT
hi I was the one in the other thread that brought up diminished value claim.
your quote = "Any "pain and suffering" would be minimal and I really just wish to be made whole." This is a mistake. I can understand why you feel that way, but that is where the money is. The adjuster has so much more flexibility in giving money for pain and suffering. You should be demanding about 4-5 times your medical bills.
This is how my claim went.... My adjuster was straight up with me and told me that she could only pay a certain amount under DV for my car. (this is after they inspected it after it was fixed). But that she could adjust medical/pain and suffering so that the TOTAL amount was satisfactory. You will have to "demand" an amount from them. We did this on the phone. I demanded my amount for medical/pain and suffering. Then she told me what she could pay for medical/pain and suffering, which was more than I demanded because she was padding it for DV. THEN she told me what she could pay under DV. It was a lot less that I was wanting. Even though she had upped the pain and suffering, the TOTAL including DV wasn't high enough for me. So, I said, "If you add $XXX amount to pain and suffering, I will accept your offer today." She took off a tiny but and agreed. It was all very easy.
So, don't dismiss pain and suffering. It may be the only way to get paid. Who cares what they call it, just as long as you get enough TOTAL money to pay for your car. When you make the DV claim, they will ask you why you think you have that claim. Tell them you are selling the car and what you have been offered for the car. And what you have to pay for an equivalent car. You have the perfect case for DV. Just keep at it. You can do this.
The ONLY problem would be if the COURTS in CA don't recognize DV. Then the insurance company isn't going to pay it out. This is because they know you wouldn't win in court if you decided to sue. I live in TX. My mom sells insurance in Oklahoma. Her insurance company in OK won't take or pay out DV claims at all.
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Deleted
Posts: 0
Jun 14, 2024 10:58:49 GMT
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Post by Deleted on Jan 11, 2015 16:41:22 GMT
Manda - has anything else happened with this? Did you end up keeping that car? Hope you are recovering from it all. Such a tough thing to go through.
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scrapngranny
Pearl Clutcher
Only slightly senile
Posts: 4,768
Jun 25, 2014 23:21:30 GMT
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Post by scrapngranny on Jan 11, 2015 18:23:05 GMT
Your new car's value diminishes the moment you drive it off the lot. What is the projected depreciation of your vehicle at this time if it had not been in an accident? That amount also has to be factored into the equation.
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scrapaddie
Drama Llama
Posts: 5,090
Jul 8, 2014 20:17:31 GMT
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Post by scrapaddie on Jan 11, 2015 20:07:07 GMT
You do realize that even if you get diminished value, it still will not give you the full price of a new car? Your car was not a brand-new car when it was hit, sadly. A car that has been driven for 37 days is not worth the same as a brand new car. That is why some insurance companies offer new car replacement for certain time after the purchase of the car. I got a new car a year ago and lived in fear that this would happen to me also. Even people with older cars that are damaged in an accident get less than the car was worth to them. we had two cars totaled within five months of each other, neither accident being our fault. It took us years to recover from the financial loss. There was no way we could afford two brand-new car payments.... And what the insurance companies gave us would not pay for car the same age and condition that our cars were in.I went through the same thing... two cars totalled from . SEPTEMBER TO Feb..... it did takes years to recover... it both cases we were hit from the rear.
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Post by BeckyTech on Jan 11, 2015 20:40:36 GMT
I thought buckling to the body IS frame damage?
OP, I sure hope you can see this through without an attorney as you desire. It's probably going to be a tough go, but hang in there, and don't let your empathy for the other driver weigh in on your actions. You have a right to "be made whole" as much as you can.
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Post by moveablefeast on Jan 11, 2015 21:05:27 GMT
I thought buckling to the body IS frame damage? It's not necessarily. The outside panels of the car - the stuff you can see - are designed to buckle in an accident. This absorbs the impact more, protecting the occupants of the vehicle. So damage in a crash may look very severe, but you repair or replace the panels and you go on. That means the structure of the car did its job. Now the damage to the frame or the unibody is what you need to be concerned about, and that's the stuff you can't see. Not being able to open a door, for example, is not necessarily indicative of frame damage. And a certain amount of frame damage can be repaired without compromising the integrity of the vehicle. So if you can see the panels buckled, that may look severe but is not necessarily. Those are designed to do that. 5k in damage is not necessarily indicative of a major accident either. Without knowing item by item what was repaired/replaced - it's hard to know if there was frame damage. Panels are the outer body, not the frame itself.
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Post by BeckyTech on Jan 11, 2015 23:04:17 GMT
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