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Originally Posted by Irving
Your attorney contacts them.
Not having an attorney with a case like this is like trying to defend yourself with Cops.
Insurance companies have Lawyers... LOTS of Lawyers. This is ALL they do...
Guess why?
Any good Attorney will Tell you:
"DO NOT tell the insurance company anything beyond my name and Phone number!"
Insurance companies do not use attorneys unless someone lawyers up first. Ask me how I know.
"There are no finger prints under water."
No, you are correct.
They try to screw you with an amateur first!
How do you know? I represent about 6 different companies (including the big name guys like Progressive and Travelers) and they usually don't defer judgement in a claim to an attorney unless the claimant or victim (like Irv said) calls a lawyer who in turn contacts the Ins. Co and then they say "you'll have to speak to our attorney." So far we really haven't had to deal with that at our agency, but then again, my dad has been slinging insurance for over 30 years and we keep our clients pretty well informed and satisfied.
"There is no news in the truth, and no truth in the news."
"The revolution will not be televised... Instead it will be filmed from multiple angles via cell phone cameras, promptly uploaded to YouTube, Tweeted about, and then shared on Facebook, pending a Wi-Fi connection."
his insurance company says they need a "recorded statement", i was told that in a voice mail. i have since left the adjuster for his company 4 voicemails, and 2 emails without a response. i have called her direct line no less than a dozen times and there is never an answer. i have left her assistant a voicemail, and her boss as well. looks like they want to drag it out where i will have to take care of it myself so that then they can haggle about trying to reimburse after the fact. the guy from my insurance company went to look at my truck today, he tells me that it is "nowhere near a total", his estimate is $7800, but that they will repair the truck with used, reconditioned, or aftermarket part wherever possible. i say bull shit, i have a ford truck not an aftermarket junk parts truck. he goes so far as to tell me that the used front bumper they want to use is probably in better shape than what was on the truck. interesting that he can make a judgement about the quality of my bumper having never seen it prior to it being wadded up like and empty beer can.
the guy at the body shop is somewhat understanding and informs me that he can get oem parts for the same price, he also states that with oem parts the job almost always goes better. that would imply to me that oem parts fit better. i stopped by the body shop to go over the quote which he estimated at $9400. the truck was muddy when it was hit and they have washed it. but to me it looks like they washed it with a gravel covered rag, there are swirly scratches all over that i really dont believe were there before. i know i didnt put them there because i always just use a pressure washer. so he points out all the paint that is missing behind the tires from rocks flying up, the peeling paint on the underside of the fender lip, and the very light scratches from sagebrush, implying that my truck is just beat up. i know every dent and scratch on that truck, i have tried harder with this truck than any i have ever had to keep it nice. i though after i left, you guys painted the left rear 3 years ago, so if the paint is peeling that is on you. then he says well, what is the truck worth, $13k? i am pissed, book on the truck in good condition is $25k. the gooseneck hitch, airbags, trailer plug in the bed, and spray in bedliner add up to at least $2k to replace. truck is an '05 f250 crewcab longbed diesel lariat. that means leather, sunroof, power heated seats, 6 disc changer, power rear slider, good wheels, and every other option possible, and it has only 81,000 miles. i cant find a similar truck for under $25k anywhere. the front fenders have both been pushed back and need to be fixed and painted, but they wont paint the entire fender, only part of it, but they will clearcoat over the rock chips behind the tire. if they get approval on thursday, i wont have the truck back until july 20th.
i can have my insurance take care of it, but then i have to pay my $1000 deductible and hope that i get it back. i dont have a policy that would give me a rental car. the body shop guy tells me that the rental company only has half ton short beds, and that you are not allowed to tow with them. he suggest i get a uhaul heavy duty truck, great, now i can pull a bumper pull trailer with a stripped down p.o.s., still cant pull my gooseneck. but when i want to go hit the river and tow my raft which weighs all of 500 pounds trailer included, i can drive a 2 ton truck. sounds great, there are plenty of places to park a 2 ton with a trailer at river put ins. so for the next month, i dont have MY truck, i cant hit the river without borrowing a truck, cant tow my gooseneck with anything, cant pull my log trailer unless i get a u-haul heavy duty truck, and i am supposed to do this out of pocket and hope i get paid back? sure i can hire an attorney, his fees will only add up to several thousand with absolutely no guarantee that i get that back.
i have used this body shop since the first time i needed a body shop 15 years ago. last time i wasnt real happy with the work. this time i really believe they scratched the shit out of my truck washing it. i think it may go to another shop, oh but wait, i already signed authorization for them to order the parts.
man am i pissed.
sue everybody!
sorry this is happening, man.
Yeah, I knew this was coming. Insurance companies only want what is best for them.
Sign this, fuck you, take it or leave it... unless your lawyer calls them FIRST.
Sorry you are getting put in the grinder.
But hey! Have Stuving give em a Call
'Cuz "he knows."
(Sorry Bro, I had to.)
I was a claims adjuster for a few years (handling claims exactly like this one) and have handled a few thousand (but not as many as 4,000) claims. If we were talking about death or serious injury, then it'd be more appropriate to hire an attorney. I'm not saying that it would be wrong, just not necessary.
Spencercherry: The insurance company isn't calling you back because they want you to take care of it yourself; it is because that claims adjuster is shitty (I'd call you back). It is NOT an excuse, but they do have other claims to deal with. He/She should have at least made an attempt to call you back though. Phone tag is better than not even trying. So while it gets you the same result, they haven't called you back due to incompetence, not maliciousness.
Used parts can be OEM. They aren't going to give you brand new anything, because you weren't driving a brand new anything. Your truck is a 2005. They will call junk yards and look for a truck as close to 2005 as possible, that was totaled in the rear and take parts off of that; if such a truck is available.
As far as your $1,000 deductible, you'll need to pay it to go through your own insurance company, but more likely than not, your insurance company will give the other driver 100% of fault, and send a bill for all the money they spent fixing your truck (including your deductible) to the other insurance company. This is called subrogation. I also feel like the other insurance company will accept full liability. It may not be tomorrow though.
Concerning the rafting and other miscellaneous towing, you can't really blame that on the insurance company. The entire purpose of insurance is to indemnify you. That is to return you to where you were before the accident. That does not include putting brand new parts on your used truck. Also, it is unrealistic to expect that everything will be fixed over night. There will always be a certain level of inconvenience to any type of loss, whether insurance is involved or not. So basically, don't waste your breath explaining how you can't go rafting while they fix your truck, because that will fall on deaf ears.
I tell you all this to set some realistic expectations for what you can expect. Who is the claimant driver's insurance company? You won't/can't get into trouble telling us, this isn't a criminal case or anything.
As far as the value of your truck, you can put together a report of it's value. You can compile a list of all the after market parts that are permanently attached, and even include new prices, but everything will be reduced because it is used. Unless you have something that isn't made anymore, don't expect to get new (replacement) cost for anything on the truck. It is always frustrating to deal with the devaluation of a vehicle, and I feel for you. I just totaled my own car, and wouldn't have been able to get into anything for the price they gave me either. Be thankful that your truck actually has a value, my car didn't.
Keep us updated on this thread about how your claim is going. If the other company (or even your own company) tries to pull anything shady, like assigning you any percentage of the fault, you can (and should) always file a DOI (Department of Insurance) complaint. DOI complaints are the real deal and are REQUIRED to be addressed by the insurance company. The DOI is not some toothless agency like the BBB (Better Business Bureau). The DOI decides which insurance companies can operate in each state. When an insurance company gets a DOI complaint, they aren't going to get shut down by ignoring it. It WILL be addressed.
Who is the other insurance company?
Last edited by Irving; 06-28-2011 at 20:17.
"There are no finger prints under water."
Not Necessary... you mean like the color of your cars panels being the same color?
Or necessary like collision sensors in the front of your car?
Perhaps you just mean necessary like the drivers door closing.
If you dont have someone that knows the system you will be taken advantage of by someone that does.
All of the above. All of those things should be the same. If not, take it back.
I wanted to come back in here and tell Mr. SpencerCherry that he should, without a doubt, 100% file for lost wages because he's lost the use of his truck for work.
"There are no finger prints under water."
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