Rear ended

SouthernSilveradoGuy85 · November 30, 2014

If you want to use your shop there is nothing wrong with that. But if there is a problem you have to deal directly with them. The insurance will have already paid the claim for the price agreed to so your out of luck getting help from the insurance company.

As I said in another post, the shop I've used in the past has people that keep in contact with insurance companies. The way Progressive has done with me is the adjuster gives me the check (minus deductible) to give to the body shop when I went to pick up the truck. I believe I gave the shop a copy of the parts that the adjuster printed out so they know what was covered in that check. If something else was needed to be replaced or fixed then they deal with all of that with the insurance company, not me. You said all companies do that, but with the shop I've used they deal with it, not me. All I do is give them the copy the adjuster printed out with the parts, drop the truck off and when I go to pick it up I give them the check that was given to me by the adjuster and then pay the deductible. So if a problem comes up they deal with it all with the insurance company, not me. Maybe some other shops would make the customer deal with some things, but the once I've used doesn't. All they did was call and let me know what else was needed just so I knew. I was never the middle man. Just saying my experiences, other shops are probably different on some things.

bass mechanic · November 30, 2014

As I said in another post, the shop I've used in the past has people that keep in contact with insurance companies. The way Progressive has done with me is the adjuster gives me the check (minus deductible) to give to the body shop when I went to pick up the truck. I believe I gave the shop a copy of the parts that the adjuster printed out so they know what was covered in that check. If something else was needed to be replaced or fixed then they deal with all of that with the insurance company, not me. You said all companies do that, but with the shop I've used they deal with it, not me. All I do is give them the copy the adjuster printed out with the parts, drop the truck off and when I go to pick it up I give them the check that was given to me by the adjuster and then pay the deductible. So if a problem comes up they deal with it all with the insurance company, not me. Maybe some other shops would make the customer deal with some things, but the once I've used doesn't. All they did was call and let me know what else was needed just so I knew. I was never the middle man. Just saying my experiences, other shops are probably different on some things.

I think somewhere you misunderstood my post. I never mentioned anything about the customer dealing with the ins company on the repair. That's always handled with the shop and ins company. Sometimes you get the check, sometimes the shop does.

Sometimes the check is made payable to you and the shop to make sure the work gets done.

Otherwise if the work doesn't get done and you keep the money (usually minor repairs) it's too easy for the insured to commit insurance fraud and claim the same repair later. (Which is why adjusters always take pictures)

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calgator73 · December 4, 2014

Coue more shots. Got a couple of the bed floor but it's hard to see the curve in the dark. Her ins co called me today which is encouraging at least it's one step along the way.

Any updates?

Wannabebad · December 4, 2014

Nothing other than getting the run around from the adjuster from her ins. Said he would call Friday, nothing. I called yesterday and again today and left voicemails for him to return my call. No luck so far. I would really hate to get an attorney involved but I have several that are close friends and would take the issue pro bono. I know last week was a holiday but we should at least have a time frame for an estimate at this point. Whole thing sucks. Plain and simple. Driving around in a banged up truck is no fun. Making payments on it is worse....

DougOhio · December 4, 2014

Driving along minding own business and get broadsided by a driver who ran a stop sign. Police are called and the other driver is cited. My car is not driveable due to multiple airbag deployment and police calls for a tow truck. A couple days later, the other driver's insurance carrier totals out my vehicle and when I questioned the claims adjuster on "who is responsible for my final monthly car payment?" (which is due 9 days AFTER the accident occurred) the adjuster assured me there would be no problem having that final payment covered by my "gap insurance" which was written into the car loan. So my car is eventually paid off by the other driver's insurance but there's a catch: the final statement comes back from the lien holder and that gap insurance did NOT cover that final monthly payment after all. Upon follow up contact with that claims adjuster I was told: "Sorry but you never told me you had a payment due. By law, you are obligated to pay what you owed!" So I am not only in the wrong place at a bad time, I am now a liar. Or the adjuster has a case of selective amnesia.

Apparently, in most states, even if a car is a total loss you are still responsible for the final payment -- that is a matter of law and insurance industry policy!! So how do you account for your final/outstanding car payment once your car has been totaled, a payment is due, and the other driver's claims adjuster is preparing the final fair market value for your settlement check? Anybody??? anybody??? I sure didnt see this coming, but because I failed to account for that final payment the other driver's insurance claims adjuster never figured the final payment into the final fair market value of the car. Why would anyone in their right mind PAY ONE DIME ON A TOTALED CAR???

So my lien holder threatened to turn over the account to a collections agency so I relunctantly made the final payment on a totaled car. And when I called the other driver's insurance carrier they are refusing to reimburse me even though their client totaled my car. As the "victim" in this situation I am only left to speculate that I failed to ask just the right questions at just the right time: at the settlement phase. (I even called my insurance carrier and asked for advice. I got blank stares and shrugs.) I now wish I hadn't settled the claim until I knew the status of that final payment. Was there room for more negotiations? What could I have done differently? Maybe I should've answered a couple of those personal injury lawyer letters and slick packets that started arriving via courier to my house days after the accident. Is that the way insurance claims are settled these days so the victim doesn't get shafted???

bass mechanic · December 5, 2014

Never, never, never buy gap coverage at the dealer! Not only is it about 3x the cost of getting it through your insurance company, but with a separate insurance company involved. Too many hands in the cookie jar.

In fact never buy anything from the dealer at the time of sale but THE CAR anything else they sell you is of little value and usually overpriced! Those tactics are just there to add additional profit to the sale that you just spent 3 hours negotiating!

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DougOhio · December 5, 2014

Never, never, never buy gap coverage at the dealer! Not only is it about 3x the cost of getting it through your insurance company, but with a separate insurance company involved. Too many hands in the cookie jar.

In fact never buy anything from the dealer at the time of sale but THE CAR anything else they sell you is of little value and usually overpriced! Those tactics are just there to add additional profit to the sale that you just spent 3 hours negotiating!

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thanks bass...it was a leased vehicle and to protect the lien holder the gap insurance came built into the lease and I was charged $0. Little good that did me huh? I am at the end of my patience trying to collect on that final month's payment for a wrecked/totaled car. The more I think about that claims adjuster claiming "I never told him I had a monthly payment" -- is a load of %#@$!. Just exactly what would I have been claiming that needed paid and he pointed immediately to the gap insurance provider. This is a loophole in the law...and I got played big time. And, chances are pretty good with a late-model vehicle, there is always a "final payment" due on totaled car regardless of it being a loan or a lease.

bass mechanic · December 5, 2014

thanks bass...it was a leased vehicle and to protect the lien holder the gap insurance came built into the lease and I was charged $0. Little good that did me huh? I am at the end of my patience trying to collect on that final month's payment for a wrecked/totaled car. The more I think about that claims adjuster claiming "I never told him I had a monthly payment" -- is a load of %#@$!. Just exactly what would I have been claiming that needed paid and he pointed immediately to the gap insurance provider. This is a loophole in the law...and I got played big time. And, chances are pretty good with a late-model vehicle, there is always a "final payment" due on totaled car regardless of it being a loan or a lease.

Ah! Understood..

On another related subject. A good lesson to be learned by anyone reading.

If you lease, NEVER put any money down. Putting money down may lower your payment but in the case of a totaled vehicle, it's money you'll never get back!

If you have extra money, your better off using it to make your payment.

In other words if you have 3600 dollars to put down, your better off leaving it in a savings account and transfer 100 a month towards your payment over 36 months.

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DougOhio · December 5, 2014

Ah! Understood..

On another related subject. A good lesson to be learned by anyone reading.

If you lease, NEVER put any money down. Putting money down may lower your payment but in the case of a totaled vehicle, it's money you'll never get back!

If you have extra money, your better off using it to make your payment.

In other words if you have 3600 dollars to put down, your better off leaving it in a savings account and transfer 100 a month towards your payment over 36 months.

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exactly true and 100% accurate! Never put hard earned $$$ on a lease...for these exact reasons. Slick settlement practices from well trained claims adjusters.

Wannabebad · December 7, 2014

Ok. Here's the latest. Her adjuster called Thursday and said they still had not been able to get in contact with her. She is not listed as a driver apparently but he said that doesn't mean they won't pay just some extra red tape. Said they may have to adjust her/their policy (sounds bad for them). I mentioned to him that they are obviously not interested in talking taking the calls. He stated he would be sending another letter out to them and giving them until Thursday if they do not respond we will proceed without them.

Smoothbassman · December 8, 2014

Ok. Here's the latest. Her adjuster called Thursday and said they still had not been able to get in contact with her. She is not listed as a driver apparently but he said that doesn't mean they won't pay just some extra red tape. Said they may have to adjust her/their policy (sounds bad for them). I mentioned to him that they are obviously not interested in talking taking the calls. He stated he would be sending another letter out to them and giving them until Thursday if they do not respond we will proceed without them.

Oh man!!! Good luck with all of this. I had to go thru the same mess in 2011 when my truck was rear ended with my kids in the truck.

I had zero issues as I jumped out and took photos of everything, and guess what I see. A cell phone on the floor of his car and an open binder on the seat of a company vehicle. He never admitted that he was working but it was pretty clear he was distracted. His company called that same day to get everything resolved. Everyone was fine I just wanted the truck fixed and it was done by the end of that week at the shop of my choosing.

Keep pushing to get it done.

Beowulf · December 11, 2014

I had a similar experience, first TWO WEEKS after getting my truck a drunk driver rear ended me at 10;00 a.m. His insurance company seemed unwilling to deal with me, I contacted my insurance company, they sent his insurance co. a letter, I saw the adjuster the next day. Take this to your insurance company, they have lawyers PLUS (according to my agent) they file with insurance regulatory agency and jeopardize the other company's license. It seems to have more teeth than threatening them with your own lawyer.

Wannabebad · December 11, 2014

So new update. Adjuster called me yesterday and my truck is now at the body shop. I was able to choose my shop which is the only guy around here I trust to work on my vehicle. Her adjuster fed me a line about how he had to twist their arm to get them to take it (I know them well) which was untrue. But anyway my body guy glanced at my truck last night and feels the frame is most certainly bent though the extent of which we cannot tell until the bed is pulled off. He had a truck on the frame rack and gave me a demo of the computer system that specs the frame during the straightening process which is pretty cool I have to say. Anyway, he like me feel a new bed is the best bet and makes the most sense given how new the truck is. I'm riding around in a chevy sonic now (WOW shes fast)... But I still have a few issues. Her adjuster was really shady about depreciated value of my truck and they are offering me a settlement for pain and suffering (rather small figure) and I am unsure if I am happy with that. An interesting thing about my line of work is I am a physical therapist so I see whiplash and MVA pt's daily so issues from neck soreness or pain are not limited to immediately following the accident and often reoccur. My question is how do I determine a dollar amount to request for compensation related to my truck's depreciation? My body guy said we can fix it but itll never be the same truck. There are no KY laws regarding depreciated value calculation etc.

matixkyle · December 12, 2014

So new update. Adjuster called me yesterday and my truck is now at the body shop. I was able to choose my shop which is the only guy around here I trust to work on my vehicle. Her adjuster fed me a line about how he had to twist their arm to get them to take it (I know them well) which was untrue. But anyway my body guy glanced at my truck last night and feels the frame is most certainly bent though the extent of which we cannot tell until the bed is pulled off. He had a truck on the frame rack and gave me a demo of the computer system that specs the frame during the straightening process which is pretty cool I have to say. Anyway, he like me feel a new bed is the best bet and makes the most sense given how new the truck is. I'm riding around in a chevy sonic now (WOW shes fast)... But I still have a few issues. Her adjuster was really shady about depreciated value of my truck and they are offering me a settlement for pain and suffering (rather small figure) and I am unsure if I am happy with that. An interesting thing about my line of work is I am a physical therapist so I see whiplash and MVA pt's daily so issues from neck soreness or pain are not limited to immediately following the accident and often reoccur. My question is how do I determine a dollar amount to request for compensation related to my truck's depreciation? My body guy said we can fix it but itll never be the same truck. There are no KY laws regarding depreciated value calculation etc.

I would contact your sales person at the dealership, give them the info on the damage, ask what they would give you for the trade (disclosing the damage) vs what the truck would be work without damage, good place to start.

We have a type of "no fault insurance" here in BC, so no accelerated depreciation settlements - its a joke.

Wannabebad · December 12, 2014

That's what I was thinking. Body shop is supposed to fax over a copy of their estimate first thing in the AM and I'll likely contact my dealership tomorrow as well.