ACCIDENT! Need advice (w/ pics)
07-07-2015, 06:07 PM
#31
Senior Member
First, I'm glad everybody is ok. Second, when you explained this wreck the first image I had in my head was a Chihuahua trying to hump a Great Dane. Lol.
I would talk to your insurance company agent first to find out what your local laws are. Then make a decision from there. Don't contact the other party as that can be construed as harrassment. Use the insurance agencies for mediation. Again, glad everybody is ok.
EDIT** With the damage you can see, it doesn't look that bad. What will be the real deciding factor is what damage is unseen. Frame, tow hitch, bed bolts, etc. Make sure an alignment is donw and the rear axle is checked.
I would talk to your insurance company agent first to find out what your local laws are. Then make a decision from there. Don't contact the other party as that can be construed as harrassment. Use the insurance agencies for mediation. Again, glad everybody is ok.
EDIT** With the damage you can see, it doesn't look that bad. What will be the real deciding factor is what damage is unseen. Frame, tow hitch, bed bolts, etc. Make sure an alignment is donw and the rear axle is checked.
Last edited by Manuellabour247; 07-07-2015 at 06:09 PM.
07-07-2015, 09:30 PM
#32
Member
Digitaltrucker couldn't be more wrong. Talk to your insurance company! They will be your advocate if you are not at fault and when the other party hires a TV attorney and sues for their piece of the pie months from now, even though it was their fault, the ins. co. should be there for you. Don't think it can happen? I'm going through this right now, and I'd be going through it out of pocket, alone, had I not notified my insurance company.
07-07-2015, 09:44 PM
#33
Senior Member
Digitaltrucker couldn't be more wrong. Talk to your insurance company! They will be your advocate if you are not at fault and when the other party hires a TV attorney and sues for their piece of the pie months from now, even though it was their fault, the ins. co. should be there for you. Don't think it can happen? I'm going through this right now, and I'd be going through it out of pocket, alone, had I not notified my insurance company.
Sorry, but you are wrong.
There is absolutely no reason to involve your insurance. They have no leverage and are not in business to do that in a scenario where the other party is at fault, has insurance and has accepted responsibility.
There is nothing they can do for you. But, if you make a claim, because of the other person is claiming it was not their fault, then yes they would act on your behalf, try and resolve at fault. But dont expect them to go to far out on a limb for you.
Before I would include my insurance via a claim, especially if the other party accepted guilt and they had valid insurance, I may consult an attorney. But only is their insurance was giving me the run around.
There is no reason to involve your insurance otherwise!
07-07-2015, 11:20 PM
#34
Digitaltrucker couldn't be more wrong. Talk to your insurance company! They will be your advocate if you are not at fault and when the other party hires a TV attorney and sues for their piece of the pie months from now, even though it was their fault, the ins. co. should be there for you. Don't think it can happen? I'm going through this right now, and I'd be going through it out of pocket, alone, had I not notified my insurance company.
Here are a few pros and cons of filing a third party claim with your carrier.
Pros:
- It's convenient
- You know the carrier
- You trust the carrier
- It might be faster
- They will subrogate and you will get your deductible back eventually.
Cons:
- You will have to pay your deductible
- You will be bound by your contract
- You will not be able to claim Diminished Value
- If you don't have rental coverage, you will have to pay for the rental
- If you do not have OEM parts coverage, you will get aftermarket/refurb parts
- With some carriers you will have to use one of their approved shops
- You will loose your claim free discount
- You will loose any accident forgiveness you might have had
- Once you file a claim with your carrier, and a payment is made, you will not be able to refile with the other carrier.
Be courteous and reasonable to the Claim Rep and adjuster and they will bend over backwards for you. Be a jerk and they will do the absolute minimum.
The following users liked this post:
digitaltrucker (07-08-2015)
07-08-2015, 05:15 PM
#35
^^^ This sounds like solid advice. As this thread piqued my interest re: my own coverage, though, I took a look through my policy documentation and was a little befuddled... Specifically, I was surprised to see covenants providing, in essence, that if I am involved in an accident, then (i) I must contact promptly the company and (ii) I must not discuss the accident with anyone other than (A) law enforcement or (B) a company representative. I understand the intent of the language (i.e., "let us know right away" and "don't blab with adverse parties"); however, strictly construed, I'm bothered by the fact that apparently I've contracted to report any and all incidents to the company and, accordingly, not pursue directly any recoupment from an at-fault party's insurer. This is from a premo carrier... Hmmmmm...
07-08-2015, 05:44 PM
#36
Senior Member
^^^ This sounds like solid advice. As this thread piqued my interest re: my own coverage, though, I took a look through my policy documentation and was a little befuddled... Specifically, I was surprised to see covenants providing, in essence, that if I am involved in an accident, then (i) I must contact promptly the company and (ii) I must not discuss the accident with anyone other than (A) law enforcement or (B) a company representative. I understand the intent of the language (i.e., "let us know right away" and "don't blab with adverse parties"); however, strictly construed, I'm bothered by the fact that apparently I've contracted to report any and all incidents to the company and, accordingly, not pursue directly any recoupment from an at-fault party's insurer. This is from a premo carrier... Hmmmmm...
Each time I have called my State Farm agent, known and used for over 30 years, he has told me I/we don't need to know, if you have a problem and want/need to make a claim, we are here for you, you are covered!
07-09-2015, 02:34 PM
#37
Senior Member
If the Girl's insurance is doing everything they can to make you whole again, DO NOT use your insurance company. You will have to file a claim, pay the deductible, be bound by your contract. You will probably not get OEM parts unless you paid the extra for that coverage and you will not be able to get any "Diminished Value" unless the lawmakers in your state said otherwise.
Get their estimate, but do not accept it. Make sure it includes OEM parts, you might have to haggle to get them to cover them if your truck is over a year old. Once you have their estimate, take it to a couple of reputable shops, you can call your insurance company for a list.
Check your local "Diminished Value" laws and regulations, your truck will be worth less now, even after the repair. See what you can get them to reimburse you for.
Get their estimate, but do not accept it. Make sure it includes OEM parts, you might have to haggle to get them to cover them if your truck is over a year old. Once you have their estimate, take it to a couple of reputable shops, you can call your insurance company for a list.
Check your local "Diminished Value" laws and regulations, your truck will be worth less now, even after the repair. See what you can get them to reimburse you for.
1. That persons insurance carrier will notify your carrier. They have to verify you have insurance even if you're not at fault because the law says you have to carry it. So now your carrier knows. If you refuse to divulge your insurance carrier the offending party should file a police report and state that you refused to show insurance. The police will cite you for uninsured motorist until you take the day off of work to appear in person to prove you have coverage, lost wages, vacation time or personal time use...sure do yourself that favor.
2. Because you notify your carrier doesn't mean you have to pay a deductible. This is how Allstate scares their customers. "You'll be bound by your contract?" Of course you will, you selected that company to insure you. If you didn't like the contract select a different carrier.
3. Don't accept the estimate?? LOL, so you think you'll make a profit on this wreck? Last I knew you weren't a qualified adjuster so you are essentially clueless as to what the cost should be.
4. Diminished value...there are 3 types of Diminished Value (Inherent-it's worth less because of normal use, Immediate-it's worth less because you drove it off the lot, and Repair-it's worth less because it was in an accident). you will have to hire a professional to prepare this for you including the methodology used to complete the analysis.
Do yourself a favor...get the truck fixed and move on.
OK enough BS and talking out of ones *** for what one THINK should happen. The "tuff-guy" approach won't get you anywhere with the trillion $$ insurance industry. With that much $$ they could erase you from the face of the earth and pay your parents enough $$ to swear in court you were never born.
Here's how this works. You want your adjuster to complete this, you pay them for this. The other companies adjuster couldn't care less as you don't pay them a dime. Your insurance adjuster will appraise the apparent damage. You select a body shop to do the repair. (In most states it's ILLEGAL for insurance companies to recommend a shop because of shoddy / poor quality repairs by shops getting kickbacks for sub standard work) It's a conflict of interest.
Take the vehicle to the shop. The shop will do their own appraisal and work with your adjuster. So as they agree this is not final...why?? the teardown isn't done yet. There is damage that neither adjuster has seen. The body shop will notify your adjuster what they find and your adjuster will verify the new findings and authorize the fix and new cost.
This is how it was done when minivan mom rear-ended my Juke. By sight it was $750 to fix...when torn down it was $1500. I paid nothing, nada, zilch, zero!!! My rental was covered by the other party as well. (oh, I don't have rental coverage on my policy which means MY ins. won't cover a rental but in the case of an accident that's not my fault the other persons insurance covers the rental for me...all 9 days). My insurance carrier cut the check to the shop for the repair then got reimbursed through the other insurance company that way I'm not waiting for the other ins. carrier to get off their lazy *** to get me going. My insurance was not affected by the accident and they did everything to get me serviced. Why?? That's what I pay for!!! I have USAA and to me they are not the enemy. If you regard your insurance carrier as public enemy #1...change carriers.
The following 2 users liked this post by RogueGT:
blueovelboy (07-10-2015),
Raven2210 (07-09-2015)
07-09-2015, 02:55 PM
#38
Senior Member
I would recommend against filing a claim with your insurance carrier, if the other party is at fault and had insurance. If you get the run around from the third party carrier, retain a lawyer, that usually gets them back in line fast.
Here are a few pros and cons of filing a third party claim with your carrier.
Pros:
- It's convenient
- You know the carrier
- You trust the carrier
- It might be faster
- They will subrogate and you will get your deductible back eventually.
Cons:
- You will have to pay your deductible (NO)
- You will be bound by your contract (YES)
- You will not be able to claim Diminished Value (WHO CARES)
- If you don't have rental coverage, you will have to pay for the rental (NO)
- If you do not have OEM parts coverage, you will get aftermarket/refurb parts (YOU WOULDN'T KNOW THE DIFFERENCE ANYWAYS, MOOT POINT)
- With some carriers you will have to use one of their approved shops (NO)
- You will loose your claim free discount (NO)
- You will loose any accident forgiveness you might have had (SEE BELOW)
- Once you file a claim with your carrier, and a payment is made, you will not be able to refile with the other carrier. (NO)
Be courteous and reasonable to the Claim Rep and adjuster and they will bend over backwards for you. Be a jerk and they will do the absolute minimum.
Here are a few pros and cons of filing a third party claim with your carrier.
Pros:
- It's convenient
- You know the carrier
- You trust the carrier
- It might be faster
- They will subrogate and you will get your deductible back eventually.
Cons:
- You will have to pay your deductible (NO)
- You will be bound by your contract (YES)
- You will not be able to claim Diminished Value (WHO CARES)
- If you don't have rental coverage, you will have to pay for the rental (NO)
- If you do not have OEM parts coverage, you will get aftermarket/refurb parts (YOU WOULDN'T KNOW THE DIFFERENCE ANYWAYS, MOOT POINT)
- With some carriers you will have to use one of their approved shops (NO)
- You will loose your claim free discount (NO)
- You will loose any accident forgiveness you might have had (SEE BELOW)
- Once you file a claim with your carrier, and a payment is made, you will not be able to refile with the other carrier. (NO)
Be courteous and reasonable to the Claim Rep and adjuster and they will bend over backwards for you. Be a jerk and they will do the absolute minimum.
Oh yeah since you drought it up...Accident Forgiveness (Safe Drivers Bonus Check) LOL
This is a joke!! Simply the insurance carrier overcharges you premiums and collects interest off of it for 6 months. If you don't have an accident in that 6 months they return your money (you overpaid) to you in the form of a "Safe Drivers Bonus Check" minus the interest of course. If you have an at-fault accident they do you a huge favor...they keep the overpayment + interest (claiming you lost your Safe Drivers Bonus Check) because of the accident and they charge you your full deductible.
It doesn't sound like much on an individual basis but multiply that times near a million policies.
Last edited by RogueGT; 07-09-2015 at 02:59 PM.
07-09-2015, 07:16 PM
#40
Senior Member
OMG...let me count the incorrect statements in this mess!!!
1. That persons insurance carrier will notify your carrier. They have to verify you have insurance even if you're not at fault because the law says you have to carry it. So now your carrier knows. If you refuse to divulge your insurance carrier the offending party should file a police report and state that you refused to show insurance. The police will cite you for uninsured motorist until you take the day off of work to appear in person to prove you have coverage, lost wages, vacation time or personal time use...sure do yourself that favor.
2. Because you notify your carrier doesn't mean you have to pay a deductible. This is how Allstate scares their customers. "You'll be bound by your contract?" Of course you will, you selected that company to insure you. If you didn't like the contract select a different carrier.
3. Don't accept the estimate?? LOL, so you think you'll make a profit on this wreck? Last I knew you weren't a qualified adjuster so you are essentially clueless as to what the cost should be.
4. Diminished value...there are 3 types of Diminished Value (Inherent-it's worth less because of normal use, Immediate-it's worth less because you drove it off the lot, and Repair-it's worth less because it was in an accident). you will have to hire a professional to prepare this for you including the methodology used to complete the analysis.
Do yourself a favor...get the truck fixed and move on.
OK enough BS and talking out of ones *** for what one THINK should happen. The "tuff-guy" approach won't get you anywhere with the trillion $$ insurance industry. With that much $$ they could erase you from the face of the earth and pay your parents enough $$ to swear in court you were never born.
Here's how this works. You want your adjuster to complete this, you pay them for this. The other companies adjuster couldn't care less as you don't pay them a dime. Your insurance adjuster will appraise the apparent damage. You select a body shop to do the repair. (In most states it's ILLEGAL for insurance companies to recommend a shop because of shoddy / poor quality repairs by shops getting kickbacks for sub standard work) It's a conflict of interest.
Take the vehicle to the shop. The shop will do their own appraisal and work with your adjuster. So as they agree this is not final...why?? the teardown isn't done yet. There is damage that neither adjuster has seen. The body shop will notify your adjuster what they find and your adjuster will verify the new findings and authorize the fix and new cost.
This is how it was done when minivan mom rear-ended my Juke. By sight it was $750 to fix...when torn down it was $1500. I paid nothing, nada, zilch, zero!!! My rental was covered by the other party as well. (oh, I don't have rental coverage on my policy which means MY ins. won't cover a rental but in the case of an accident that's not my fault the other persons insurance covers the rental for me...all 9 days). My insurance carrier cut the check to the shop for the repair then got reimbursed through the other insurance company that way I'm not waiting for the other ins. carrier to get off their lazy *** to get me going. My insurance was not affected by the accident and they did everything to get me serviced. Why?? That's what I pay for!!! I have USAA and to me they are not the enemy. If you regard your insurance carrier as public enemy #1...change carriers.
1. That persons insurance carrier will notify your carrier. They have to verify you have insurance even if you're not at fault because the law says you have to carry it. So now your carrier knows. If you refuse to divulge your insurance carrier the offending party should file a police report and state that you refused to show insurance. The police will cite you for uninsured motorist until you take the day off of work to appear in person to prove you have coverage, lost wages, vacation time or personal time use...sure do yourself that favor.
2. Because you notify your carrier doesn't mean you have to pay a deductible. This is how Allstate scares their customers. "You'll be bound by your contract?" Of course you will, you selected that company to insure you. If you didn't like the contract select a different carrier.
3. Don't accept the estimate?? LOL, so you think you'll make a profit on this wreck? Last I knew you weren't a qualified adjuster so you are essentially clueless as to what the cost should be.
4. Diminished value...there are 3 types of Diminished Value (Inherent-it's worth less because of normal use, Immediate-it's worth less because you drove it off the lot, and Repair-it's worth less because it was in an accident). you will have to hire a professional to prepare this for you including the methodology used to complete the analysis.
Do yourself a favor...get the truck fixed and move on.
OK enough BS and talking out of ones *** for what one THINK should happen. The "tuff-guy" approach won't get you anywhere with the trillion $$ insurance industry. With that much $$ they could erase you from the face of the earth and pay your parents enough $$ to swear in court you were never born.
Here's how this works. You want your adjuster to complete this, you pay them for this. The other companies adjuster couldn't care less as you don't pay them a dime. Your insurance adjuster will appraise the apparent damage. You select a body shop to do the repair. (In most states it's ILLEGAL for insurance companies to recommend a shop because of shoddy / poor quality repairs by shops getting kickbacks for sub standard work) It's a conflict of interest.
Take the vehicle to the shop. The shop will do their own appraisal and work with your adjuster. So as they agree this is not final...why?? the teardown isn't done yet. There is damage that neither adjuster has seen. The body shop will notify your adjuster what they find and your adjuster will verify the new findings and authorize the fix and new cost.
This is how it was done when minivan mom rear-ended my Juke. By sight it was $750 to fix...when torn down it was $1500. I paid nothing, nada, zilch, zero!!! My rental was covered by the other party as well. (oh, I don't have rental coverage on my policy which means MY ins. won't cover a rental but in the case of an accident that's not my fault the other persons insurance covers the rental for me...all 9 days). My insurance carrier cut the check to the shop for the repair then got reimbursed through the other insurance company that way I'm not waiting for the other ins. carrier to get off their lazy *** to get me going. My insurance was not affected by the accident and they did everything to get me serviced. Why?? That's what I pay for!!! I have USAA and to me they are not the enemy. If you regard your insurance carrier as public enemy #1...change carriers.
Thank you RougeGT. This is how I have handled every accident I have been in. None of which were my fault. With the same results. I was never charged a dime or deductible nor did my ins go up, and My insurance company (State Farm) was more than happy to help me with the process. I was also given rental cars every time on the other persons insurance dime. You pay your insurance company to help you out and take care of your vehicle even if it is not your fault. IT is their job to do so. My insurance even paid for a tow of 60 miles on Christmas day for an engine failure on a previous vehicle. Guess what they didn't raise my rates then either.
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blueovelboy (07-10-2015)