Maybe. Using personal injury attorney is another name for insurance fraud in 50% of the cases if not more. Thankfully no one was injured here, so I guess if I can get a more or less fairly compensated for the property damage I'll just file it under "S**t happens". Also, for better or worse, my insurance is actually paying for it, and they will bill the other side once we settle. It won't cause a rate increase as it is not our fault.LTLFTcomposite wrote:Seems like in order to get fair compensation for damage to property (your car) you need to pursue it with a personal injury attorney from that angle.
Kudos for having some principles, seeing all the PIA billboards and TV ads one might wonder if you're a vanishing breed.Valdemar wrote:Maybe. Using personal injury attorney is another name for insurance fraud in 50% of the cases if not more. Thankfully no one was injured here, so I guess if I can get a more or less fairly compensated for the property damage I'll just file it under "S**t happens". Also, for better or worse, my insurance is actually paying for it, and they will bill the other side once we settle. It won't cause a rate increase as it is not our fault.
I wouldn't even call my own insurance but it was my wife who understandably freaked out and rushed it while I was away on a trip and she couldn't call me. In the end I think it worked out alright, kudos to Auto Club, they were super responsive, and the deductible was quickly waived once the other side accepted liability.LTLFTcomposite wrote: This may vary from state to state but I've been advised in such situations if fault is not in question and the at fault party has a reputable insurance company it may be better to work directly with them rather than going through your own company and having them subrogate the claim. For one thing you won't be out the deductible while you're waiting for it be processed, and they may be responsive to requests for things like a loaner car (where you might not even have that coverage on your own policy), having the car repaired at a shop of your choosing, etc. I've almost sensed they were trying to keep me happy in hopes I wouldn't sue... which I didn't either.
You definitely don't have to accept what they offer. For example in my accident the other person's insurance company tried to tell me that I could still drive my car while they figured out what they wanted to do (got rear ended twice in a Seattle snow "storm") and when I told them that the tail light was broken he said I could just use hand signals. I called my broker to see if there that was absurd as I thought it was and they told me it was. So I called him back and told him no that was not going to work and is not acceptable at which point there was no problem getting a rental car. I thought this was going to be a sign of what I had coming but fortunately they offered way more than I thought the car was worth and considering the damage to the car (completely drivable with a new tail light but rear fender and rear door scratched up) their salvage price was reasonable so it all worked out. But in preparing I had started my own valuation based being properly maintained, etc.LTLFTcomposite wrote:I keep wondering in cases like this where the other driver was at fault and is collectable why you have to "settle" for whatever the insurance company offers. Your property was damaged through someones negligence, seems they should be accountable for making you whole. To me that would mean whatever it costs to replace your vehicle with something comparable, and frankly something for your trouble.
Seems like in order to get fair compensation for damage to property (your car) you need to pursue it with a personal injury attorney from that angle.
I believe they will total the car if the cost of estimated repairs exceeds 75% of the market value. You replacement cost is for an equivalent used car, not brand new. There are several Leafs with new batteries listed by private parties for $11-12k in my area, I suspect this is the ceiling of what the insurance will offer for my car. Their initial valuation is $9k which I think is more than fair for a car with an original battery as there are several 2011 cars in my area with significantly less mileage than mine that can be had for less than $8k, sounds like you'll at least be missing $3k in battery costs if purchased out of pocket should the car be totaled, possibly more.walterbays wrote: So what happens in event of a collision? Even a relatively minor collision could easily do $3k to $5k damage. http://www.iihs.org/iihs/news/desktopne ... mper-tests . I suppose if you have a $3k crash, insurance will pay $3k to put your car back like new. But if you have a $6k crash they'll probably declare the car totalled and give you $6k to pay towards your $36k replacement.
Plenty of otherwise uninjured drivers develop "neck" and "back pain" following an accident, and use attorneys and doctors to defraud insurance companies based on "medial expenses", this is a standard scheme. I'm not judging, just stating the fact.QueenBee wrote:Unless they are really being uncooperative I really don't think you need an attorney considering there are no injuries and the dollars are pretty low.