Lessons learned when totaling your toad in an accident.

[cti2000]

Quote from AWOL50:

You are entitled to be compensated for your loss based on putting you in the same position (vehicle and equipment) as before the loss. Period.

This is exactly correct! The insurance company wants to minimize their costs.


I had accident in the MH towing our CRV where a metal file cabinet fell off a pickup truck in front of me while traveling 50 mph. I needed about 3 more feet to stop. caused some damage to the front cap of HM. Jammed on the brakes so hard one arm on the tow bar bent. Other guy found at fault and I made his insurance company pay for repairs to MH, new tow bar and $600 in fuel to drive back to Newmar for repairs. Needless to say that wasn't their first offer.



You have to keep after them, once you accept the check you are on your own.

[MRUSA14]

To the posters that say hire an attorney, do you know what attorneys charge? How can you afford to pay an attorney when the difference you are arguing about is $1000 or less?

[TXTiger]

Originally Posted by MRUSA14

To the posters that say hire an attorney, do you know what attorneys charge? How can you afford to pay an attorney when the difference you are arguing about is $1000 or less?

Most attorneys will not charge you anything. This kind af a case is done on a contingency basis and the attorney is paid by the other parties insurance as a percentage of the total award, usually a third. However most attorneys will only take a case if there is an injury. This is only a property damage case, so most attorneys would not accept the case but for a small fee would be willing to write a demand letter.
A endorsement clause is only for your insurance policy to cover you if you were at fault. Since the other party is at fault they would be liable to make you whole for all your loss. If their insurance won’t pay what you have lost then send a letter to the party at fault. They will call their insurance and can threaten them with a insurance bad faith claim for not paying up to their policy limits. If this doesn’t work then pay a lawyer (maybe $50) to write a demand letter to the other party and their insurance company. You will get results.

[bucks2]

The phrase used by my state's insurance commissioner's office is "made whole". You must be compensated (assuming the other person is at fault) to a level that you are made whole as if the accident didn't happen. So, towing base plate etc. should be included in the price paid to you. The appraiser will lowball the value of your vehicle, the settlement person will lowball you, you need to stand firm, have real numbers for your claim and continue to fight.

On one accident the appraiser said my tires were 50%, I had oil leaks, door dings, etc. I provided them with the paperwork that the tires had less than 500 miles, challenged them to find a single door ding (I'd been smashed between 2 semi trucks on the freeway so it was the front and rear damaged, the sides were untouched) and to show me the oil leaks. (the car was a babied Mercedes 560 SEC coupe for the car folks out there) They paid me what I asked without further argument. The nearest comparable cars were over 300 miles away and I told them that I'd need them to pay for my time and mileage to look at a replacement. Remember the made whole phrase? I told them I needed to be made whole and they decided to pay me and stop their losses.

The second issue I used the Insurance Commissioners office for was the practice of providing a subcompact POS rental car. The IC office states they must provide a "comparable" car. When I talked to their agent and told them I wanted a comparable car he flippantly stated that they weren't going to rent me a Mercedes....... I calmly told him that since his client crashed my Mercedes I wanted a full sized luxury car. He hadn't gotten his computer opened yet so he had no idea. He quickly decided that he'd lost that argument and authorized a full size car.

Remember those folks settle claims all day every day. You and I do it once or only a few times in a lifetime. Get your facts together and then insist on fair payment.

[Eastham]

Just curious as to how the ins.co figure the mileage on a totaled toad .if it has been towed 50 thousand miles all 4 on the road. But the odometer shows 12000 or is it we just hope they dont find out kind a deal.

[bucks2]

Originally Posted by Eastham

Just curious as to how the ins.co figure the mileage on a totaled toad .if it has been towed 50 thousand miles all 4 on the road. But the odometer shows 12000 or is it we just hope they dont find out kind a deal.

Obviously if you're asking for value for the items used to tow the vehicle, then they know that you tow it. But....... aside from tire wear, which doesn't matter if it was towed or not, and axle bearing wear, which is an immeasurable variable, what would towing mileage matter? The seats, engine, transmission, air conditioning, etc all receive no wear when towing. If the paint has dings, those will be deducted for. I just don't see where towing mileage would matter to the insurance company. Maybe I'm missing something?

[FastGlassMan]

Our 1990 Dakota Convertible that we bought new was hit by some old guy. I had told my other half to drop the collision and comp but she never did, Thanks Sally! The old guys insurance tried to offer us $2400 for the truck , told them they were nuts as it was one owner , never had a scratch and we were going to fix it! Ended up our insurance gave us $7100 and a rental for a month. Bought all the parts , new bed, door and front fender and fixed it. I showed comparables from the internet of values from $4500-12500, so they came in pretty well and I will assume they went after Mr. born in 1921's insurance, aloong with the owners of the Caddy and the Infinity he pushed into our pickup then flipping his Mitsubishi Eclipse over on it's roof in a 35 mph speed zone! They never even marked the title and told us to keep it ,but they would only insure it for liability after then. It is currently all restored and insured with Hagerty at a $12500 valuation!

[DGBPokes]

I was downtown placing the mail on hold, driving our toad, guy ran a stop sign and crushed our truck pretty good. I had a bummed up shoulder wen to the ER and had it xrayed. We were scheduled to leave the next day going across country to granddaughter’s gradation.

The following day, I went by the State Farm office the guy had his insurance thru and filled a claim with the police report. Made a first offer to settle. Blah, blah, blah.

The following day, I rented a small front wheel drive car, rented a tow dolly, and we headed to graduation.

We got home 2weeks later, still no approval or response from the insurance company. And I told them about the rental car and tow dolly.....again blah, blah, blah. Ok fine it’s your money I’m spending fine by me. Old Fram commercial “pay me now, or pay me later”. 6 weeks later my truck was fixed, my medical expenses paid, rental dolly and car paid and $500 for my trouble. I had called several times, and talked to their adjuster....their foot dragging cost them about $6 K extra.

P.S. my wife worked in the personal insurance business for 25 years and knows the ropes. Secondly, my son is an attorney, just not practicing in our home state. And , I am financially able to wait them out.

[Eastham]

Originally Posted by bucks2

Obviously if you're asking for value for the items used to tow the vehicle, then they know that you tow it. But....... aside from tire wear, which doesn't matter if it was towed or not, and axle bearing wear, which is an immeasurable variable, what would towing mileage matter? The seats, engine, transmission, air conditioning, etc all receive no wear when towing. If the paint has dings, those will be deducted for. I just don't see where towing mileage would matter to the insurance company. Maybe I'm missing something?

Other than the brakes axel boots shocks strucks and 50 thousand miles of dirt tar and possible road salt all splattered on the undercarriage. I guess there would be no difference between 12000 miles on the odometer and 50000 miles being dragged behind a coach.But you pretty well covered everything. I dont think you are missing something..

[Air Conditioned Gypsy]

Originally Posted by DGBPokes

I was downtown placing the mail on hold, driving our toad, guy ran a stop sign and crushed our truck pretty good. I had a bummed up shoulder wen to the ER and had it xrayed. We were scheduled to leave the next day going across country to granddaughter’s gradation.

The following day, I went by the State Farm office the guy had his insurance thru and filled a claim with the police report. Made a first offer to settle. Blah, blah, blah.

The following day, I rented a small front wheel drive car, rented a tow dolly, and we headed to graduation.

We got home 2weeks later, still no approval or response from the insurance company. And I told them about the rental car and tow dolly.....again blah, blah, blah. Ok fine it’s your money I’m spending fine by me. Old Fram commercial “pay me now, or pay me later”. 6 weeks later my truck was fixed, my medical expenses paid, rental dolly and car paid and $500 for my trouble. I had called several times, and talked to their adjuster....their foot dragging cost them about $6 K extra.

P.S. my wife worked in the personal insurance business for 25 years and knows the ropes. Secondly, my son is an attorney, just not practicing in our home state. And , I am financially able to wait them out.

The last sentence in his post is the KEY. If you can afford to wait them out, you can do much better. If you are in a hurry, it works against you. And they know this.

Regards.

Chuck

[BPoland]

Bear in mind, just because the other party is at fault, you Do Not have to use them to fix your car. Contact your own insurance company. This is particularly advantageous if the other party has already admitted fault. Your insurance company will send an adjuster out to estimate the damages to your car. Their figures could be different than what you were offered by the at-fault insurance company.

My son bought a 2012 Altima for $10K in June of 2018. 3 weeks later, a guy runs a stop sign and my son T-Bones him. The other driver admitted fault, and when his insurance company did the estimate, they said it was a total loss and offered $7K. They said the car had $8,500 in damage and they wanted us to sign the papers by then end of the day. I called my insurance agent. He said that they would handle the claim and subjugate the claim amount to the other company. It turns out, the car was worth $11,500 and the damage was $7,400. The car was repaired instead of totaled. I got to work with my own insurance company. There was no deductible and it wasn't listed as an 'At Fault' accident on my Son's insurance record. They also took into account any aftermarket add-ons, as long as he had a receipt.

[milkman55]

I hit a deer a month ago in my CR-V and GEICO paid me for a new base plate and 6 way plug, no questions asked. The body shop handled all the replacement.

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