Insurance hassle

mikester · 01-26-2006, 02:45 PM

Okay, Back on 11/22 of last year I got rear ended in my brand new Prius.

Days before thanksgiving...

I got to get a rental and they only have one car (This is a major company out of LAX) so I take it. It's a chevy malibu and I absolutely hated it. Now it took 24 days to repair my car due to parts availability and such.

The insurance company of the person who hit me says by law that they only have to pay the price of a comparable car. Fine, this was the only car that was available the day or so before a holiday and I wasn't about to go swap it out on my time (which was quite booked up around then) to get the corolla they wanted me to have. Which incidentally is quite a bit smaller than the Prius in interior room. I would have needed a camry sized car in my opinion to be "comparable" which from what I can tell the malibu is.

I hated that car too...but that is an aside. So I had to endure a month in this piece of crap rental that got less than 28mpg in my city driving when my Prius normally gets ~49 (lately I've been getting ~50) mpg. How about reimbursing me for that?!

Anyway - this is kind of a rant because I don't think I'll win but I would I'm sure have the option of taking the woman who hit me to small claims court for the remainder I'm sure.

I haven't called the insurance company back but will shortely.

Rant over...

TerryH · TerryH's Garage

... and don't forget compensation for your repaired vehicle. Resale value lost due to accident. Carfax will spit out your wreck to all buyers.

mikester · 01-26-2006, 03:51 PM

Yeah, that one is the risk you take for using the road from what I understand.

schamp · 01-26-2006, 04:01 PM

The insurance company is insuring her. So if you sue her for a loss associated with the wreck then they have to cover her. Hold your position and don't sign anything that releases her or them. Don't let the company record your coversations. If they are going to record your conversations then at the beginning say "this recording can only be used for interoffice use and not in a court of law". They will ***** but you need to hold firm. If they get pissy tell them to tell it to your attorney who they will end up paying in the long run. Of course don't sign anything with a medical release in it. Good Luck. The car thing is common. Ask them why they didn't bring you the car they wanted you to drive?

Neilk · 01-26-2006, 04:18 PM

Tell them to pay for your rental or you'll file an additional claim for "diminished value". You should do that anyway.

pbs911 · pbs911's Garage

California courts are reluctant to grant dimished value. But keep pshing for it and you may get something. You policy should spell it out if they will compensate your for it.

mikester · 01-26-2006, 07:04 PM

It's not "my" policy it's their policy as they hit me. I didn't call him back today and appreciate any suggestions on how I should handle it. Anyone with real experience doing it though? They want me to sign the medical release and I have it but I haven't signed it.

I had some neck soreness right after the accident and my Dr. Checked me out; I was fine for a couple of weeks but just last week my lower back has totally freaked out. Because it's my lower back my Chiro and I do not believe they are related. I don't want to be a weasel and try to bilk the insurance company - I just want what is fair.

I'm an honest guy and I Would like to be able to say that after this is over honestly. I just don't think I should have to pay a cent for this accident - I was rearended at a red light and had no fault in it. The girl made a mistake; it happens. I've done it myself and I don't hold any grudge against her personally but this was pretty inconvienent for us. It was a brand new car, didn't even have the real plates yet. 24 days without it in a crappy rental car sucked too. Yes I think they should pay for all of it and if they don't I will explore my legal rights to get that money returned to me.

schamp · 01-27-2006, 03:58 AM

Don't sign a medical release PERIOD. You have two things and sounds like you need to do one of them. 1. get an attorney and don't worry about the bill. You are going to get your money back for legal fees. 2. Call your insurance company and let them know what is going on. If the girls insurance company doesn't make it right your insurance company would be next. They don't want to be next. If you go to your insurance company they will want you to subordinate your rights to them so they can go after either the other insurance company or the girl. Your attorney will just call them both and tell them to get it right or he will, and at their expense.

Dixie · Dixie's Garage

Quote:

. get an attorney and don't worry about the bill. You are going to get your money back for legal fees.

Wisest words on this thread. Don't let the insurance company make you crazy, and screw you over.

mikester · 01-27-2006, 02:23 PM

I'm going to start looking into an attorney if needed.

I spoke to their claim's adjuster and he was no help. He pretty much told me I wasn't entitled to anything other than replacement of use.

I then called my Insurance company and they said they can't help me with out of pocket expenses like this because of California law. Then they asked me for more details; They told me it was very possible that Hertz over charged me. So, I called hertz real fast and they said that their rate today for that car was $30.99 but they charged me $44.99 on 11/22. The rep I spoke said I needed to call the location I rented from but she also said that the rates shouldn't vary that much.

That is kind of an end run; My insurance guy said that if he were faced with this claim he would grumble a bit but pay it. Their insurance company is being 'thrifty' apparently.

Now on to the medical claims; That I can go through my insurance company for without taking a hit (California no fault laws) and they will go to the other company to get paid and I don't have to worry about it (up to a certain amount).

Pain and suffering is all up to me to go after though. Not sure what I should do there...

singpilot · 01-27-2006, 06:17 PM

Mike;

I also have a Prius, and am right down the road from you. I would be pissed if it got hit even before I got the plates. When you get it back, make sure you go over it with a fine toothed comb. You know how quiet it was inside, make sure it is still that way. Run a hose over the roof and the back, make sure no leaks. Pull the trunk tray, and look down in the lower locker, should be no bare metal, or pushed in areas. Did they replace the bumper shocks? They get hit, they are done. Check all the lights (LED's), they are incredibly expensive as well.

Get an attorney.

Make them prove it was 4 wheel aligned again. Drive behind it going down the road. Make sure it tracks straight. That the gaps in the doors are all even all the way around. It's a unibody, a hit anywhere, it changes things.

mikester · 08:40 PM

It seems to be right mostly after the repair. I had a friend of mine look it over who is a shop foreman at another dealer and a very good mechanic indeed. He seemed to be satisified.

We have noticed a slight color variation between the new bumper and the body but the fact is we notice from the front bumper as well.

It took 24 days to fix by the way because parts weren't available. That small rear window was the hardest thing to come by apparently.

The car seems fine.

I think the only real question left is the pain and suffering.

I guess that's where the attorney comes in.

I've never needed an attorney before; How do I find a decent one?

schamp · 01-28-2006, 05:09 AM

Talk to your friends. Talked to the people you work with. If the company you work for has an in-house attorney ask him/her. I would not use a phonebook lawyer( fat face on the cover of a phonebook). Go to your courthouse and ask the Probate Judge, talk to the County Clerk. You will get some ideas.