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I need some advice on what to do regarding an auto accident. My car was totaled on October 8, 2013 (if you're doing the math, then you will see that we are almost at the 11 month anniversary). I was found not at fault. The other driver was issued a ticket at the scene. My insurance company stepped up, and took care of my car and part of my medical bills (until the medical portion of my insurance ran out). I had to pay for a lot of bills out of my own pocket.
The other insurance company initially said their customer was 90% at fault, and I was 10%. I didn't agree, and asked them to have someone else review it. The other person came up with the idea that I was 5% at fault, and their driver was 95%. Still not good in my book. My insurance said that my rates won't rise no matter what, since it isn't my fault.
My issue is that if I accept the 5%, then that means that I am liable for 5% of all of the claims (car, medical bills, etc).
I am not trying to be greedy here. I just want to be made whole again.
I did miss several days of work, and I had pain for a long time afterwards. There is also the hospital bills that I paid out of pocket.
Initially I didn't want to get a lawyer, because I didn't want them to take a percentage of the money. But now I'm thinking that may be the route I want to take.
I don't want to name their insurance company, or mine. Although mine has been voted one of the best by Consumer Reports, and you have to meet eligibility requirements. I can't say enough good things about my company.
I have sent the claim person at their company an email (again!), and this morning I tweeted the insurance company asking them if it is normal business practice to take almost a year to settle a claim when their customer is found at fault in the accident.
Another thing that I've done is to find the name of the President and CEO. Then I looked at the email address of the person that I have been corresponding with, so I know the format (firstname.lastname@company.com) that they use. I forwarded him the email thread, and asked for his assistance in bringing this to a close.
Have you contacted the state insurance commission yet? I'd be at that point by now. They're charged with making sure insurance companies who are licensed to business in their state do their jobs the way they're supposed to do them. Might be time to invite them into the conversation.
Good luck! God, I hate dealing with insurance companies...
My next call would of been to a lawyer as soon as they started to drag their feet. They are dragging their feet because you're letting them. I used to wait talk to people etc. Now I want results.
I need some advice on what to do regarding an auto accident. My car was totaled on October 8, 2013 (if you're doing the math, then you will see that we are almost at the 11 month anniversary). I was found not at fault. The other driver was issued a ticket at the scene. My insurance company stepped up, and took care of my car and part of my medical bills (until the medical portion of my insurance ran out). I had to pay for a lot of bills out of my own pocket.
The other insurance company initially said their customer was 90% at fault, and I was 10%. I didn't agree, and asked them to have someone else review it. The other person came up with the idea that I was 5% at fault, and their driver was 95%. Still not good in my book. My insurance said that my rates won't rise no matter what, since it isn't my fault.
My issue is that if I accept the 5%, then that means that I am liable for 5% of all of the claims (car, medical bills, etc).
I am not trying to be greedy here. I just want to be made whole again.
I did miss several days of work, and I had pain for a long time afterwards. There is also the hospital bills that I paid out of pocket.
Initially I didn't want to get a lawyer, because I didn't want them to take a percentage of the money. But now I'm thinking that may be the route I want to take.
I don't want to name their insurance company, or mine. Although mine has been voted one of the best by Consumer Reports, and you have to meet eligibility requirements. I can't say enough good things about my company.
I have sent the claim person at their company an email (again!), and this morning I tweeted the insurance company asking them if it is normal business practice to take almost a year to settle a claim when their customer is found at fault in the accident.
Is there any advice that you can offer?
Thanks for reading!!
It is true the lawyer will take a percentage of the total money recovered. It is also true that having a lawyer will almost certainly increase the total dollars recovered to the point where your portion will be considerably larger even after he charges a fee. The only exception to this would be a bad injury where policy limits are offered. I can pretty much tell from the way you describe your injuries that it is not a policy limits situation.
You wouldn't do your own brain surgery. Don't make the mistake of thinking legal matters are much simpler than that. They have many nuances that can affect the value of your case.
Don't make one other critical mistake. Don't assume insurance companies want to do what is right. The only thing they want to do is save money. Their business model is based on saving dollars by underpaying as many claims as they can. Only an expert can guarantee that you get what the claim is really worth.
My advice is hire a lawyer.
One person here has suggested writing the insurance commission. In many states, the insurance commission has no jurisdiction at all over third party claims (where you are dealing with an insurance carrier you do not have a policy or contract of insurance with)
DOI complaint. Go to the department of insurance for your state and file your complaint. This will light a fire. Most state's will take DOI complaints online...and insurance companies take these complaints very seriously.
It is true the lawyer will take a percentage of the total money recovered. It is also true that having a lawyer will almost certainly increase the total dollars recovered to the point where your portion will be considerably larger even after he charges a fee. The only exception to this would be a bad injury where policy limits are offered. I can pretty much tell from the way you describe your injuries that it is not a policy limits situation.
You wouldn't do your own brain surgery. Don't make the mistake of thinking legal matters are much simpler than that. They have many nuances that can affect the value of your case.
Don't make one other critical mistake. Don't assume insurance companies want to do what is right. The only thing they want to do is save money. Their business model is based on saving dollars by underpaying as many claims as they can. Only an expert can guarantee that you get what the claim is really worth.
My advice is hire a lawyer.
One person here has suggested writing the insurance commission. In many states, the insurance commission has no jurisdiction at all over third party claims (where you are dealing with an insurance carrier you do not have a policy or contract of insurance with)
Read what this man said!
You went the cheap route, now you're are on City-Data asking for league advice. Hire a lawyer!
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