car insurance debacle!

[rattlsnak]

My GFs daughter got hit by another car, (he was ticketed) but he only had $25K worth of insurance, which is the lowest legal limit in Ga. At first his insurance wanted to fix it so it went to a body shop for repairs a day or so afterwards @Dec 15th... Due to the unavailability of parts, the insurance company finally decided to total it. They said we would normally give you @18K for it but we have to pay the body shop for their tear down time and for the rental car that you have been in for 4 months so that only leaves @$11k for you.. they said if you want more, you'll have to go after them personally..

That's complete BS!

Sure seems like they should have to pay the total out first?? Why do they get to prioritize who gets paid first and put her last? Any laws on this matter?? They should pay us and then go after their client for the rest?? UGH!

What can she do? Get attorneys involved? I mean if they wouldn't have waited so long to decide to total it, then none of tis would be an issue either!!

(and hate to think if they would have hit a super expensive car!!

[asphaltgambler]

Call your insurance agent, let them hash it out. This is where the service part of selling insurance comes in

[id10t]

Insurance co should've made the choice to total a lot sooner. File with your insurance as uninsured driver/underinsured driver and let your insurance co go after them or their insurance co.

[stomachmonkey]

Yup, this is your insurance companies problem.

[stevej37]

We pay a little more in premiums here...but no-fault insurance is nice in some cases.

[unclebilly]

In Canada, we have a thing called underinsured motorist protection… this is where you would use this, if you had it on your policy.

Basically, your insurance makes you whole and then goes after the other parties to collect.

[drcoastline]

Originally Posted by rattlsnak

My GFs daughter got hit by another car, (he was ticketed) but he only had $25K worth of insurance, which is the lowest legal limit in Ga. At first his insurance wanted to fix it so it went to a body shop for repairs a day or so afterwards @Dec 15th... Due to the unavailability of parts, the insurance company finally decided to total it. They said we would normally give you @18K for it but we have to pay the body shop for their tear down time and for the rental car that you have been in for 4 months so that only leaves @$11k for you.. they said if you want more, you'll have to go after them personally..

That's complete BS!

Sure seems like they should have to pay the total out first?? Why do they get to prioritize who gets paid first and put her last? Any laws on this matter?? They should pay us and then go after their client for the rest?? UGH!

What can she do? Get attorneys involved? I mean if they wouldn't have waited so long to decide to total it, then none of tis would be an issue either!!

(and hate to think if they would have hit a super expensive car!!

My first question is:

does GF daughter's policy have Collision coverage? If it does I certainly hope she notified the carrier promptly otherwise she may be SOL. This is where coverage will come from, let her carrier fix/total the car then subrogate against the other carrier.

I doubt UI/UM coverage triggers, it sounds from your description funds were available initially. In the event, collision isn't available it's worth trying UI coverage but don't b surprised if coverage is denied.

If both of those fail reach out to an attorney the agent won't be helpful in this situ.