car insurance disputes

It helps if you have dated pre-accident pictures showing the general condition of the car to back up your claims that it is worth more than they say. Dated meaning not from twenty years ago; relatively recent so they accurately reflect the just pre-accident condition.

20 yrs ago I totaled a car. The insurance adjuster sounded like a used car salesman. I was injured and crabby and told him what the car was worth. He cited damage that occurred during the accident like it would bring the value of the car down and lessen THEIR OBLIGATION.

When they cut the check it was for the amount I paid for the car.

Stick to your guns and what your value of the car was at the time of the accident. Cars with below or low book values are complete junk, was yours?--One way to look at it would be to find a direct replacement and find what it would cost to get it.

Get help and research any agencies that deal with insurance companies that don't pay--Two days ago I had a phone survey about opinion about legislation that would allow lawsuits against insurance companies for failing to pay benefits and in a timely fashion. During the call I found out that their is a law dealing with and it sounds like they are looking to amend it. This is in Washington(the state), check your state for help.

This may help:

http://www.insurance.wa.gov/publications/auto/totalLoss.pdf

http://hsmv.state.fl.us/ddl/frfaqgen.html

http://www.myfloridacfo.com/Consumers/Guides/Auto/index.htm

http://www.floir.com/

Good Post. This type of scam happens over here too. The best way out of it is to fight using your own assessor (in Germany you have the right to have one and the insurance MUST pay his costs) for a fair price.

Then ask the company as to what they value the wreck at, it will (here at least) at best €200 or about $250, get that in writing.

Talk to people who repair cars and ask what they will pay for your wreck. If it is significantly more, buy the wreck at the low price they quote and sell at the hiogh price......if the insurance company don't want to play ball, sue them.

You are the Boss, don't let them do you down!!

I think that you don't give enough details in this question. There are policies with agreed value and others with market value. I didn't have an accident myself, but we had accidents in the family and the appraised amt would have sufficed to buy a similar car, but of course they deduct the excess.

In any case I think that if your car was in average condition you are entitled to the value from Kelly minus the deduction (if it was your fault).

Doesn't matter who's fault---INSURANCE for what.

If it was someone else's fault we would be railing against their insurance policy. Pay premiums for what--Insurance for our possible liability. We have to have it. We need it and if the answer is short of the problem--NO! Not a chance. It should be cheap if that was the case.

Lien holders let you slide with substandard coverage for their money? NO is the answer.

REPLACE THE CAR AT THAT VALUE OR CUT A CHECK PERIOD.

This should be a cut and dried case.

If your car was in good condition, then it will be obvious that it was, even after the accident.

Take photos of your car to show it's condition at the time of the accident, ie, you really just have to show that it was not full of dents and wasn't a rust bucket.

Decide the figure you want from the insurance that will enable you to buy an equivalent car, then write them a letter saying; "I reject your offer of ......., please issue a check for ....... within 7 days or I will issue court proceedings claiming that amount for a replacement car and I will also claim against you for the expenses involved in going to court, including lawyers and substitute vehicle arrangements that I will make in the meantime.

Use a lawyer to write the letter because it shows that you are serious and make sure that the lawyers fees are included in the figure that you are claiming as a separate item. Doing that tells them that you are holding them liable for their delaying tactics which are costing you money. They'll get the message.

You must be willing to deliver on your threat before you issue it or they may try to call your bluff if they think you are not serious.

If you have a good case and if they think you will go through with it, they will pay, no question.

Yep. I agree that it is wise to hire a lawyer up front if the Insurance company doesnt come up with a fair settlement.

I had a similar dispute here in the UK.

They covered the hire car for the first two weeks - repair time or assessor righting off the vehicle & valuation. As there was a dispute on the valuation they then allowed for an extension. They eventually said I could have a car until settlement (when they issued the final check, as they issued a primary payment) I argued this to be extended until all the cash was available for use in my bank account plus two or three days for purchase - how else could I use the funds to buy a car.

Keep in regular contact with the insurance & the hire car or you may end up liable. The hire car people usually know the limits, as its good business for them. while the insurers are incurring the hire cost they will be in a hurry to agree settlement.

I asked for examples of comparable cars for the money they offered so I could get a replacement; this stumped my assessor. He eventually had the cheek to come up with one on eBay in Scotland, >350 miles away! The insurance immediately upped his / their offer by £350, which I accepted.

I also pointed out if one bought the car and maintained it via a main dealer they should not be looking at a replacement from the classified adds. They claim this is 'market value' but it is not like for like; unless they include the cost of inspection, service & warranty. Do not take their first offer, as times are hard they will try and get away with as little as possible.

I am not suggesting that anyone should gain from their claim (as we all pay for that in the end) but one should get a fair deal as that's what we pay for in the first place, good luck.

So far all responses are pretty much on the mark. And there is always a but! In this case you need to do plenty of prep work in order to the best you can. Yes, I know insurance is supposed to be fair, but we all know it depends on the policy that your broker sold you. I have often found that what I thought I had isn't what is written down and if it isn't written down, it doens't exist. Remember, insurance companies are a business and the adjustors/claims officers/appraisers have to make money for the company, not pay it out to you.

The very first thing you have to find out is what assessment method the insurance company is using to establish a value for your car. In this case how they determinded the vale to be two thousand below Kelly and Edmunds. The next item on the list is to find out at what point in the car's value it becomes a "write off". During this period of time, you need to have the car appraised by an expert of your own for damages and cost of repair. It's not that I don't trust body shops or appraisers, but they are not all created equal and I don't like to give anyone an chance to dissapoint me. This may well cost you a couple of hundred dollars, but in this game information is power.

With the damages assessed and your new found knowledge of how the company will use the information, it is up to you to develop your own values. To start, talk with some car sales people and find out what the other "book" prices (in addition to red book, there are blue book and black book prices as well) of your car would be. This is often a range of prices based on the condition of the car. Here you need to be brutally honest with yourself about the condition of your car. Keep in mind that "book" prices such as Kelly are normally wholesale prices and are what the dealer would take the car on to his lot for. What you are after is the retail price that the dealer would sell for. That is the true market price which most insurance polices are supposed to pay.

For retail pricing, look to auto trader, ebay and any other retail price lisitng organization you can think of.

Another trick that some insurance companies try is to get dealers to put retail prices on vehicle. The trouble is that if the VW dealer is asked to quote on a Chev or the Chev dealer to quote on a VW, the prices may be low because that particualr dealer doens't want the car on the lot.

If you have kept a detailed file of repairs or have dealt at the same garage for a long period of time so that you can get them to copy thier records, you should do so. It goes to support your claim on the condition of your car, thus increasing its value.

With all this information, you are now ready to take on the adjustor.

If the adjustor still does not see things your way or will not budge, but cannot prove to your satisfaction why your car is priced the way it is, it is time to have independent appraisals done.

Just about every company that uses this type of system hampers the customer with having to take the price as adjusted. If it is lower, there is no appeal for you. If it is significantly higher, the company may then choose to go to court. In other words the deck is stacked against you, but if you've done your homework and are confident of your pricing, then go for it.

On a personal note, I have had two cars written off (one by me and one by my son) and both times, this method of accumulating information and presenting it to the the company carried the day. I only had to threaten to get an independent appraisal once before the company paid up. Dropping a file on the adjustor's desk about an inch thick, full of information might have played a part in my success too.

Good luck

I would extend a gesture of good faith and ask that "margin" be excluded from the value given by the adjuster allowing a fair and accurate market value copy to all whom may have concerns; ACLU etc..

Dear Glenn

Where you are involved in an automobile accident and you are not at fault. You need to per sue the other driver not the insurance company. The Insurance company did not do the damage the other vehicle operator did. Most state say you agreed to operate your vehicle safely at all times. You agreed to this when you applied for a license. This means that the insurance company is not responsible for damages you do and they are not going to give you any more than what they have too. If you have a new auto the will but you a new one but if you have and older well cared for auto or not they will do very little for you. Dealing with agents is a no win situation. Tell them you are going to sue there client for not having insurance to cover damages they incurred. They will not like this and tell you cannot because they have insurance. Just say OH they are covered then. I will be looking at a new auto then on you.

Adjuster do not want to pay any more than the agent or the insurance company has too. Insurance is a gamble that you will not have an accident. And when you do they are not willing to pay out until they have to. Also tell the Adjuster you go find your Auto and bring it and you will look see if you will except it. Do not go shopping that's the adjuster job. They say the auto is this price tell them go get one then.

I say my automobile was in fine safe working order before you client damaged my property. I want a brand new replacement that is safe. Not a vehicle with unknown condition of care. The Brakes, steering and engine may be bad. The past driver/ owner may not have taken do care. I do not want a used vehicle. Either repair my auto to a safe condition or replace with a new vehicle.

You my may very well have to sue the other driver do not sue the insurance company they are not at fault. You can not win they have money and lawyers. The person that hit you do not have lawyers to fined off law suits. You fill for willful disobeying the traffic laws, willful destruction of property, A tempered murder with a motor vehicle, failing to use do care in the operation of a motor vehicle. Plus many other thing assonated with obeying traffic and safety laws. Most all laws deal in some form of safety and responsibilities, using do care and willful disobedience.

However if you are dealing with your own insurance company. You have different problems. The agent adjuster does not want to pay you because they lose there pay and profit. You could very well have to sue the agent personally for force you to buy and drive an unsafe vehicle. DO NOT SUE THE INSURANCE COMPANY OR THE AGENCY. Go after the agent him or her you may need to go for the underwriter. Please do a lot of research at the local library or county law library on insurance laws and what there responsibility are.

Good Luck Glenn you may need a shady lawyer that deals with insurance. Hope you get the idea of what you read.

Everett.w

Hi, I previously owned a used car lot, and have dealt with appraiers and insurance on both sides of this fence, and have been following all of the comments so far. The first thing that you should do, is to get away from the idea of a lawyer OR an appraiser, what you actually need is an independant insurance adjuster, if you look in the telephone book you will likely find 50 of them in a small radius around your house. Call at least three, see who will handle your case with no out of pocket expense, and who will recover more value for you after their cut. remember that they WILL increase the settlement offer from your company, but they will take a cut of it as well.

Also, please be realistic when appraising your car. I drive a car that I love, and have been carefully and faithfully maintaining for years, but if I had to buy a replacement right now, identical, it would be a very cheap car. It doesn't seem that way when you are without a vehicle of course, but be realistic.

The insurance company will total the car any time that repair is more expensive than replacement, so I assume the damage does warrant totalling the car.

Also, as far as Kelly's, etc blue books go, don't waste your time, they have no bearing on the auto trade at all, they are a sales tool only, and are generally not observed nor consulted when dealers price cars.

try the adjuster first, if that doesn't work, then start laying it on the line with lawyers, appraiers, etc. keep in mind they are expensive, and you need to recover their cost along with your car's value...which is not likely to happen. i hope this helps,

-Mike Lynch

I had an accident here in NC, had the company pay what I owed on the vehicle. It was less than 3 months old at time of accident. They tried to low ball me around $3000 on first offer. Just stick to your guns. Also, if your vehicle is less than 1 yr old here in NC, the other persons insurance, by law, has to give you 10% of damages for depreciation of the vehicle.

I used to put money down when buying new. The above accident cost me the $3000 I put down at purchase. NO MORE! I now put $0 down and pay the $300 for Gap insurance. If it happens to me again, I'll let Gap just pay the difference and I'll keep the down payment in my pocket.