Question about insurance and settlements

oneastrix · 08-05-2004, 02:16 PM

My car is more than likely going to be totaled out. I bought it three months ago so I'm upside down in it. I'll probably lose my butt to the tue of $1500 if things go down like that.

My question is simple......in order to protect myself I have obtained legal representation. Can the fact that I am going to lose my arse due to what somebody else did to me be factored into the settlement?

Five days and still waiting on the adjuster to come to my house BTW.

Shaun · 08-05-2004, 03:05 PM

Ask you attorney --they will be able to answer all questions regarding compensation -- remember every one of our states laws vary -- but I can tell you they have to replace it with an exact duplicate of the vehicle you had and they can't devalue it to bluebook either.

whirlwind · 08-05-2004, 04:21 PM

it was their fault...you shouldnt lose anything. i may have misunderstood the question? how are you gonna lose your arse? their fault=they pay everything i thought?

Shaun · 08-05-2004, 04:28 PM

he's upside down on the car debt because he bought a new one - if that's my understanding.

whirlwind · 08-05-2004, 04:48 PM

OHHHHHH well they should pay everything that ya lost mat , well up to the insurance limit that the guy who hit ya had. minimum in oklahoma is 10,000 which aint a drop in the bucket for a major wreck here. but say he had 10 grand worth of insurance and you had 20 grand in losses well your S.O.L for ten grand. unless that is that you have uninsured motorist coverage on your policy!!! if you did then ya need to file a claim with your insurance company to make up the differance. i never heard of that before i had my wreck unfortunately...i didnt have it. BUT I DO NOW!

Rufus Rhastus J · 08-06-2004, 08:32 AM

I'm unsure as to the laws where you are but, I feared that something like that might happen to me. So, I bought "gap" insurence. What it does is pay the loan in full! for example, the loan is 9500 and you have paid three payments...say 200 each. that's 600 off the loan but, you are paying the interest first, as is the case most times. You still owe 9499 on the loan or "pay-off". Now, let's say the car is totaled, as you suggest your car is. But, the car is only worth 8700 now. Your insurence will pay, or the at fault driver's insurence, assumeing he/she has insurence and it is valid, will pay only what your car is worth! You loose 799 on this deal meaning, you still owe the loan 799 before it's paid off. That's where "gap" insurence comes in. The differance, 799, is paid by the "gap" insurence and you don't owe but, you still have no car. Now for your settlemnet. Damages must be assesed. The car is done, you medical, lost wages, pain and suffe3ring [if allowed by your state] and like that. This is the best I can tell you due to experiance of my own and that of friends, in this state. Good luck, i'm glad you got a lawyer. It will cost you but, he wants to get the money so I hope he will be rabid. As to the adjuster not showing up....call them and tell them if the adjuster is not out to see you today...you will call the state insurence commisioner! They fear regulation and bad reports, my guess, you'll see him/her, the adjuster not long after you hang up the phone!

colt45 · 08-06-2004, 10:30 AM

ok matt, i'm going through the same thing now with mine. tis is what i was told by my shyster, i mean lawyer. the issurance company paid for the replacement value of the truck(the replacement value is what you would pay fo a comperable car) not the blue book value in my case it was $800 more then the book put it at. they have some computer program that searches the local area for the cars that match yours and base the price paid from that. if any other $$$ is owed on it after that it is lumped into the pain and suffering area of the suit. its covered under other exspences.
now from being there done that thing don't be playing around being all mocho for liss (he knows your a whimp deep down allready.) Go see a doctor and get some physical therapy. it can take months for the real injurys to show up, mine took three months before we knew there was bone fragments floating arond in my shoulder because of all the swelling. and after the operation its still healing. nothing to play with. and just like in the filed you can't do anything about past events without a paper trail. get it looked at and get it documented.
ok enough preeching.
hope your feeling better soon, and that some of this helped.
mike

Shaun · 08-06-2004, 10:40 AM

Oh one injury that can show up with latency is tmj if your jaw starts clicking as you eat get it addressed immediately by your Doc. Tell them your symptoms it can develop to be painful and result in a minimum of 25K -- that was my main injury in the Motorcycle accident they paid 25K for that one alone

colt45 · 08-06-2004, 10:43 AM

TMJ is very painfull too, i have had that for years, causes really nasty headacks.
you should have gotten more.

lefty o · 08-06-2004, 11:51 AM

rufus hit the nail on the head, if the insurance companies dont play to your liking threaten to get the state involve- they do not like that. i had to do it a few years ago when my racecar got 4500$ worth of hail damage and they were trying to screw me , after several months of arguing with them i had had enough and told them i was getting the state involved- funny they had just mailed my check just before i called!

oneastrix · 08-06-2004, 02:05 PM

Thanx for the advice guys.....I'll try to address each comment or question. I'm currently stoned on Flexoril so if I slobber on my keyboard just bare with me....LOL

Liss and I bought the Dodge Stratus about three months ago. Of course you never by it at blue book price, so as usual we start out upside down.

The adjuster shows up today and says that the car will have to be totaled. That means thst they will pay what the car was worth before the accident (to my understanding). Unfortunately, that leaves me with probably $1500 to pay off the car.......no ride....and not a thing right now for a down payment on another vehicle.

The probolem lies in the fact that I am putting Liss thru her senior year in college right now so she hasn't been working for almost a year. Obviously when you pay three quarters of your income to rent and child care you don't have much left over to save or put back.

However, my attorney said to call her back after the State Farm calls me this afternoon and let her know. She said that she'll make sure that we aren't "left out in the cold." We'll see.....

As for injuries....yeah I'm hurt and still off work w/o pay. Went to the Dr today and he said that he doesn't think I have re-ruptured a disc, which was a concern due to my prior injury. I'm glad to hear it because as Tommy can tell you, we wouldn't wish that on anyone. And I have to say that the pain I'm having is not the same as it was a year and a half ago.

As for TMJ, that's interesting, I am having frontal upper neck pain, jaw pain, ear pain which is wierd and hard to describe, and abnormal headaches. A couple of Advil seem to clear up the head aches. I've been unconsciously grinding my teeth and I have to make a conscious effort to stop myself from doing so.

Shaun · 08-06-2004, 03:11 PM

Quote:

Originally Posted by oneastrix

As for TMJ, that's interesting, I am having frontal upper neck pain, jaw pain, ear pain which is wierd and hard to describe, and abnormal headaches. A couple of Advil seem to clear up the head aches. I've been unconsciously grinding my teeth and I have to make a conscious effort to stop myself from doing so.

If you get the clicking in the jaw when you bite down then you have probably found yourself with all the fine sypmtons of TMJ -- remember the pain killers mask all the pain so make your doctor aware of this -- try eating something that takes effort to bite down on like a pizza with heavy crust.

When you go for the replacement car Matt -- I want you to look at a business I used to get the hotrod you can get your financing still but you won't end up upside dow infact my insurance company is upside down if my car gets totaled I can upgrade from the 2001 to the 2002 or 3 because you get to pay right at wholesale.

Tell either Sohail or Joshua I sent you to them http://auto-broker-magic.com/index.html

oneastrix · 08-06-2004, 03:43 PM

I'll check it out Shaun....I'll be looking for you on MSN Messenger tonight if you're around.

Shaun · 08-06-2004, 03:49 PM

I have tons of work to do but I will try and answer any questions for you

oneastrix · 08-06-2004, 06:33 PM

No prob.....just when you free up. Doesn't have to be 2day.

SPOCAHP ANAR · 08-06-2004, 08:17 PM

They will pay blue book value for the car. Since it is new then you should not lose anything.

However if you go out and buy a car/truck valued at 15k and put 6 thousand dollars worth of special tires, rims,l and electronics and then it is totaled then you will be reimbursed for the BOOK Value of the car, not the redneck or homie value.

PS whatever isn't factory on the car remove it before you settle the car title to the insurance co.

PSS I don't go to a lawyer to ask him gun ?'s so be careful asking us legal ?'s.

toolman · 08-07-2004, 02:48 AM

Hey Matt, as far as the car goes, if the adjuster tries to poke ya, tell him that you are going to file a report with the Tx Board of Ins. due to a failure of good faith. This simply means that you entered the situation in good faith that you would be taken care of according to the other party's insurance. If that doesn't cover your losses then file for un-insured/under-insured coverage. Check you PM's, I'm going to give you my wife's # as her brother is an adjuster. (talk about good faith!-I'm warnin' ya tho-she can be mean!)

oneastrix · 08-08-2004, 02:02 PM

Toolman.....got the PM and replied. Thanx for all the advice folks. Also Toolman......Steve Earl's "Devil's Right Hand" is a song that I dearly love. Glad to see it in your signature!

tommy · 08-08-2004, 11:06 PM

well in my state they will only give you the book value of you'er car. but you can hit them with pain and suffering $$$$$$$$ that's where you'er money comes from.

tommy · 08-08-2004, 11:07 PM

not to mention liss can probably sue them if you ain't able to perform like a man if you know what i mean.

08-05-2004, 02:16 PM	#1
oneastrix Senior Member Join Date: Mar 2002 Location: San Antonio, TX Posts: 5,213	Question about insurance and settlements My car is more than likely going to be totaled out. I bought it three months ago so I'm upside down in it. I'll probably lose my butt to the tue of $1500 if things go down like that. My question is simple......in order to protect myself I have obtained legal representation. Can the fact that I am going to lose my arse due to what somebody else did to me be factored into the settlement? Five days and still waiting on the adjuster to come to my house BTW. __________________ There's no one more thankful to sit at the table, than the one who best remembers hunger's pain.

08-05-2004, 03:05 PM	#2
Shaun Super Moderator Join Date: Mar 2002 Location: Nashville, TN Posts: 8,623 Images: 1	Ask you attorney --they will be able to answer all questions regarding compensation -- remember every one of our states laws vary -- but I can tell you they have to replace it with an exact duplicate of the vehicle you had and they can't devalue it to bluebook either. __________________ "Homeland Security is the responsibility of an armed citizen" ME http://webpages.charter.net/s.s.v/

08-05-2004, 04:21 PM	#3
whirlwind Senior Member Join Date: Jan 2003 Location: oklahoma Posts: 3,751 Images: 1	it was their fault...you shouldnt lose anything. i may have misunderstood the question? how are you gonna lose your arse? their fault=they pay everything i thought? __________________ De oppresso liber !

08-05-2004, 04:28 PM	#4
Shaun Super Moderator Join Date: Mar 2002 Location: Nashville, TN Posts: 8,623 Images: 1	he's upside down on the car debt because he bought a new one - if that's my understanding. __________________ "Homeland Security is the responsibility of an armed citizen" ME http://webpages.charter.net/s.s.v/

08-05-2004, 04:48 PM	#5
whirlwind Senior Member Join Date: Jan 2003 Location: oklahoma Posts: 3,751 Images: 1	OHHHHHH well they should pay everything that ya lost mat , well up to the insurance limit that the guy who hit ya had. minimum in oklahoma is 10,000 which aint a drop in the bucket for a major wreck here. but say he had 10 grand worth of insurance and you had 20 grand in losses well your S.O.L for ten grand. unless that is that you have uninsured motorist coverage on your policy!!! if you did then ya need to file a claim with your insurance company to make up the differance. i never heard of that before i had my wreck unfortunately...i didnt have it. BUT I DO NOW! __________________ De oppresso liber !

08-06-2004, 08:32 AM	#6
Rufus Rhastus J Senior Member Join Date: Apr 2003 Location: West, Central Florida, Third World America Posts: 6,339 Images: 1	I'm unsure as to the laws where you are but, I feared that something like that might happen to me. So, I bought "gap" insurence. What it does is pay the loan in full! for example, the loan is 9500 and you have paid three payments...say 200 each. that's 600 off the loan but, you are paying the interest first, as is the case most times. You still owe 9499 on the loan or "pay-off". Now, let's say the car is totaled, as you suggest your car is. But, the car is only worth 8700 now. Your insurence will pay, or the at fault driver's insurence, assumeing he/she has insurence and it is valid, will pay only what your car is worth! You loose 799 on this deal meaning, you still owe the loan 799 before it's paid off. That's where "gap" insurence comes in. The differance, 799, is paid by the "gap" insurence and you don't owe but, you still have no car. Now for your settlemnet. Damages must be assesed. The car is done, you medical, lost wages, pain and suffe3ring [if allowed by your state] and like that. This is the best I can tell you due to experiance of my own and that of friends, in this state. Good luck, i'm glad you got a lawyer. It will cost you but, he wants to get the money so I hope he will be rabid. As to the adjuster not showing up....call them and tell them if the adjuster is not out to see you today...you will call the state insurence commisioner! They fear regulation and bad reports, my guess, you'll see him/her, the adjuster not long after you hang up the phone! __________________ "They cannot be trusted.....The Romulans (our politicos) are without honor." Worf

08-06-2004, 10:30 AM	#7
colt45 Senior Member Join Date: Mar 2002 Location: Occupied Territories of New York (Buffalo) Posts: 2,898	ok matt, i'm going through the same thing now with mine. tis is what i was told by my shyster, i mean lawyer. the issurance company paid for the replacement value of the truck(the replacement value is what you would pay fo a comperable car) not the blue book value in my case it was $800 more then the book put it at. they have some computer program that searches the local area for the cars that match yours and base the price paid from that. if any other $$$ is owed on it after that it is lumped into the pain and suffering area of the suit. its covered under other exspences. now from being there done that thing don't be playing around being all mocho for liss (he knows your a whimp deep down allready.) Go see a doctor and get some physical therapy. it can take months for the real injurys to show up, mine took three months before we knew there was bone fragments floating arond in my shoulder because of all the swelling. and after the operation its still healing. nothing to play with. and just like in the filed you can't do anything about past events without a paper trail. get it looked at and get it documented. ok enough preeching. hope your feeling better soon, and that some of this helped. mike __________________ "A fear of weapons is a sign of retarded sexual and emotional maturity" -Sigmund Freud, General Introduction to Psychoanalysis "If guns cause crime, all of mine are defective." - Ted Nugent "Self-defense is Nature's eldest law." -John Dryden

08-06-2004, 10:40 AM	#8
Shaun Super Moderator Join Date: Mar 2002 Location: Nashville, TN Posts: 8,623 Images: 1	Oh one injury that can show up with latency is tmj if your jaw starts clicking as you eat get it addressed immediately by your Doc. Tell them your symptoms it can develop to be painful and result in a minimum of 25K -- that was my main injury in the Motorcycle accident they paid 25K for that one alone __________________ "Homeland Security is the responsibility of an armed citizen" ME http://webpages.charter.net/s.s.v/

08-06-2004, 10:43 AM	#9
colt45 Senior Member Join Date: Mar 2002 Location: Occupied Territories of New York (Buffalo) Posts: 2,898	TMJ is very painfull too, i have had that for years, causes really nasty headacks. you should have gotten more. __________________ "A fear of weapons is a sign of retarded sexual and emotional maturity" -Sigmund Freud, General Introduction to Psychoanalysis "If guns cause crime, all of mine are defective." - Ted Nugent "Self-defense is Nature's eldest law." -John Dryden

08-06-2004, 11:51 AM	#10
lefty o Senior Member Join Date: Mar 2002 Location: mn Posts: 5,116	rufus hit the nail on the head, if the insurance companies dont play to your liking threaten to get the state involve- they do not like that. i had to do it a few years ago when my racecar got 4500$ worth of hail damage and they were trying to screw me , after several months of arguing with them i had had enough and told them i was getting the state involved- funny they had just mailed my check just before i called!

08-06-2004, 02:05 PM	#11
oneastrix Senior Member Join Date: Mar 2002 Location: San Antonio, TX Posts: 5,213	Thanx for the advice guys.....I'll try to address each comment or question. I'm currently stoned on Flexoril so if I slobber on my keyboard just bare with me....LOL Liss and I bought the Dodge Stratus about three months ago. Of course you never by it at blue book price, so as usual we start out upside down. The adjuster shows up today and says that the car will have to be totaled. That means thst they will pay what the car was worth before the accident (to my understanding). Unfortunately, that leaves me with probably $1500 to pay off the car.......no ride....and not a thing right now for a down payment on another vehicle. The probolem lies in the fact that I am putting Liss thru her senior year in college right now so she hasn't been working for almost a year. Obviously when you pay three quarters of your income to rent and child care you don't have much left over to save or put back. However, my attorney said to call her back after the State Farm calls me this afternoon and let her know. She said that she'll make sure that we aren't "left out in the cold." We'll see..... As for injuries....yeah I'm hurt and still off work w/o pay. Went to the Dr today and he said that he doesn't think I have re-ruptured a disc, which was a concern due to my prior injury. I'm glad to hear it because as Tommy can tell you, we wouldn't wish that on anyone. And I have to say that the pain I'm having is not the same as it was a year and a half ago. As for TMJ, that's interesting, I am having frontal upper neck pain, jaw pain, ear pain which is wierd and hard to describe, and abnormal headaches. A couple of Advil seem to clear up the head aches. I've been unconsciously grinding my teeth and I have to make a conscious effort to stop myself from doing so. __________________ There's no one more thankful to sit at the table, than the one who best remembers hunger's pain.

08-06-2004, 03:43 PM	#13
oneastrix Senior Member Join Date: Mar 2002 Location: San Antonio, TX Posts: 5,213	I'll check it out Shaun....I'll be looking for you on MSN Messenger tonight if you're around. __________________ There's no one more thankful to sit at the table, than the one who best remembers hunger's pain.

08-06-2004, 03:49 PM	#14
Shaun Super Moderator Join Date: Mar 2002 Location: Nashville, TN Posts: 8,623 Images: 1	I have tons of work to do but I will try and answer any questions for you __________________ "Homeland Security is the responsibility of an armed citizen" ME http://webpages.charter.net/s.s.v/

08-06-2004, 06:33 PM	#15
oneastrix Senior Member Join Date: Mar 2002 Location: San Antonio, TX Posts: 5,213	No prob.....just when you free up. Doesn't have to be 2day. __________________ There's no one more thankful to sit at the table, than the one who best remembers hunger's pain.

08-06-2004, 08:17 PM	#16
SPOCAHP ANAR Senior Member Join Date: Mar 2002 Location: SC-upstate Posts: 4,192 Images: 1 Blog Entries: 6	They will pay blue book value for the car. Since it is new then you should not lose anything. However if you go out and buy a car/truck valued at 15k and put 6 thousand dollars worth of special tires, rims,l and electronics and then it is totaled then you will be reimbursed for the BOOK Value of the car, not the redneck or homie value. PS whatever isn't factory on the car remove it before you settle the car title to the insurance co. PSS I don't go to a lawyer to ask him gun ?'s so be careful asking us legal ?'s. __________________ Spocrest Out!..........

08-07-2004, 02:48 AM	#17
toolman Mr. Fixit Join Date: Apr 2002 Location: abilene,tx Posts: 5,871 Blog Entries: 24	Hey Matt, as far as the car goes, if the adjuster tries to poke ya, tell him that you are going to file a report with the Tx Board of Ins. due to a failure of good faith. This simply means that you entered the situation in good faith that you would be taken care of according to the other party's insurance. If that doesn't cover your losses then file for un-insured/under-insured coverage. Check you PM's, I'm going to give you my wife's # as her brother is an adjuster. (talk about good faith!-I'm warnin' ya tho-she can be mean!) __________________ cosmoline is an aphrodisiac!

08-08-2004, 02:02 PM	#18
oneastrix Senior Member Join Date: Mar 2002 Location: San Antonio, TX Posts: 5,213	Toolman.....got the PM and replied. Thanx for all the advice folks. Also Toolman......Steve Earl's "Devil's Right Hand" is a song that I dearly love. Glad to see it in your signature! __________________ There's no one more thankful to sit at the table, than the one who best remembers hunger's pain.

08-08-2004, 11:06 PM	#19
tommy Senior Member Join Date: Mar 2002 Location: schriever la Posts: 4,152 Images: 6	well in my state they will only give you the book value of you'er car. but you can hit them with pain and suffering $$$$$$$$ that's where you'er money comes from.

08-08-2004, 11:07 PM	#20
tommy Senior Member Join Date: Mar 2002 Location: schriever la Posts: 4,152 Images: 6	not to mention liss can probably sue them if you ain't able to perform like a man if you know what i mean.