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Old 03-01-2017, 11:22 PM
 
13,061 posts, read 20,718,302 times
Reputation: 21229

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Quote:
Originally Posted by bettylee1204 View Post
It was the other driver's fault and we are the one's having to suffer. Can anyone please give me advice??? FYI: I didn't have gap coverage at the time of the accident.
In addition the the advice already given, I just wanted to remind you that under GA R&R Chapter 120-2, you basically have little to no protections when going through the other party's insurance company. You have the entire State of Georgia on your side when dealing with your insurance company, but little to nothing when dealing with another person's insurance company because you have no contract with them. Even Fair and Equitable is by contract on property damage insurance claims. So, be careful that they don't string you along and at some point tell you they are done and you need to go through your insurance company.
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Old 03-02-2017, 07:39 AM
 
Location: Morrisville, NC
9,123 posts, read 14,668,112 times
Reputation: 8983
Quote:
Originally Posted by bettylee1204 View Post
I was in an accident, hit from behind. The at fault party's insurance wants to total out the car, leaving us with no car. They will not allow us to get our own estimate either. They will only use their estimate. We are willing to for go the paint job. We just want the brake light and some of the body work done. They will not work with us. They told us our only options are to total the car out and the money will be sent to our finance company and they will give us any portions that exceeds the amount owed on the car, or to for go the claim, canceling out any payment we would get. We live in GA, and I don't understand how they can total out my car when it's still able to be driven, and they are not giving us an opportunity to use our own shop at a lower estimate. They will not even negotiate a lower cost on their end. Our car is a 2002 Mercedes S430 and it is/was in very good shape. It was the other driver's fault and we are the one's having to suffer. Can anyone please give me advice??? FYI: I didn't have gap coverage at the time of the accident.
If the car is in drivable or fixable shape, you can, in most states, elect to get a lesser amount and keep the car. You can then have repairs done on your own. The car will have a branded title, usually salvage, rebuilt, total loss claim or so,etching similar so it will not be worth what a similar unblemished car is, but it should be an option. Now, the finance company would also have to agree so that may be where the issue lies.
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Old 03-14-2017, 07:14 PM
 
2 posts, read 1,956 times
Reputation: 42
In my case, in stopped traffic my 2007 MBZ ML-350 was side-swiped along with other cars. Insurance says it's value is $11,800 plus tax so around $12,700. Repairs would be around $7347 so wondering why they would would total it. They say it's worth about $5300 at the salvage auction. Shouldn't they be fixing it since it's well under it's worth? The appraiser said it wasn't even close. It's drive-able and a body shop friend wants to fix it for a lot less than the estimate. He does a lot of these types and his work is good. I would like the car back, and know that the car will be back out on the road again. These insurance companies obviously aren't there for the benefit of the customers..
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Old 04-26-2017, 06:45 PM
 
1 posts, read 1,115 times
Reputation: 10
on dec 13 2017 I purchased Chrysler 300c hemi with 95,000 miles on it, I took it to get an oil changed and he check everything for me he told me my tires were 99.99 percent, he said I had an very nice car , I got the license plates on jan 14th on jan 24, 2017 my car was in an accident my car got totaled, the person driving car got cited. police report made, I had full coverage ins, which started on dec 13, 2017.. they found out the driver didn't have license so they didn't pay for anything. never call to tell me where car was at after Adjuster declared they were not paying for it. don't feel I should have to pay bank, so we're working on things.
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Old 04-26-2017, 11:58 PM
 
13,061 posts, read 20,718,302 times
Reputation: 21229
Quote:
Originally Posted by skeetabug View Post
don't feel I should have to pay bank, so we're working on things.
Good luck with that. You borrowed money from the bank, they are going to want their money. Unless they are part of your insurance policy,. they rally could care less about your insurance problems, they will come after you for the money you borrowed. Hopefully your car was worth what you borrowed, otherwise you may eb paying for a car you don't have anymore.
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Old 04-27-2017, 06:36 AM
 
11,550 posts, read 52,923,541 times
Reputation: 16324
Quote:
Originally Posted by skeetabug View Post
I had full coverage ins.
"full coverage" insurance should have included "uninsured motorist" and "underinsured motorist" coverage with a "loss payee" listed as the lender on the car.

So the issue that the other motorist wasn't covered by insurance should be covered by your "full coverage" insurance with a payment to your car lender. The remaining problem is that the value of the car per the "total loss" settlement determined by the insurance company might be less than what you owe on the loan, which is a "gap" you'd be responsible to pay.

As posted above, you are responsible to the lender until the loan is paid off. Get back to your insurance agent and have them get involved to settle the loss payout to your lender. Your "full coverage" insurance has a legal obligation to pay the claim upon the moment of collision loss your car sustained. IF your insurance company believes that the other driver insurance company should pay the loss, then it's up to them to subrogate the claim (pursue the loss against that company) and make you whole in the meantime.
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Old 06-19-2017, 02:19 PM
 
1 posts, read 1,017 times
Reputation: 10
A car hit my car while parked. Her insurance says it's a total. They say they will pay me more than what it would cost to fix it. They want me to return the rental in 4 days. I need a rental until I rather find s car or it gets fixed. It's an 2001 Nissan Maxima top of the line. I did not notify my insurance.
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Old 06-20-2017, 03:17 PM
 
Location: Raleigh
8,168 posts, read 8,459,483 times
Reputation: 10141
Quote:
Originally Posted by Terrat View Post
A car hit my car while parked.<>I did not notify my insurance.
Call your agent. They will represent your interests. Its like having a free lawyer.
"Pick up the phone, give us a call"
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Old 12-13-2017, 11:15 PM
 
1 posts, read 784 times
Reputation: 10
I was rear ended. The adjuster wants to total my car which I still have a note on. He said my car was leaking, it was not. He said my car was towed, it was not. Damage he deducted cost for he claimed was preexisting, it was not. Bottom line this adjuster deducted enough from value to permit the insurance to call it a total loss. This is not fair. What can I do? I live in Illinois.
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Old 12-14-2017, 12:46 PM
 
14,309 posts, read 14,103,544 times
Reputation: 45441
Quote:
Originally Posted by Grannyrolls View Post
I was rear ended. The adjuster wants to total my car which I still have a note on. He said my car was leaking, it was not. He said my car was towed, it was not. Damage he deducted cost for he claimed was preexisting, it was not. Bottom line this adjuster deducted enough from value to permit the insurance to call it a total loss. This is not fair. What can I do? I live in Illinois.
You haven't said which insurance company this is. Is it your insurance company or the other person's?

My first advice is to compare the total loss estimate with the value of a vehicle like yours on a couple of web sites. Try NADA.com and Kelley'sBlueBook.com. The sites are set up for your to input information and obtain a value for your vehicle. If that value is similar to what you are being offered, you may simply be stuck with that value.

I would also recommend you have the other insurance company value your car as well. They may come up with a higher value for your total loss.
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