FL loss of use: Liable for only repair time, or total if claim approval drags out

[Al3x Lee]

We're not just talking about fixing a flat here. Is there no assumption at all that the burden of financial hardship on GF to pay for all of these things out of pocket is unreasonable when she has no fault? We're talking about a damn drunk driver with an open container in the cabin and an empty 12 pack in the back who openly admitted not only fault, but that he had just caused another accident the week before... although police refused to either fill out a report or search his vehicle since they were apparently late to dinner and don't like paperwork.

I DO have rather extensive coverage through State Farm, but they advised me to go through at fault party's insurance instead to avoid being stuck with deductible.

Money is tight.

That sucks, and I feel for you. Unfortunately, I think @adjusterjack is right when it comes to the reality of the situation. Often placing the claim on your insurance and having them subrogate against the other carrier and eventually recovering your deductible is likely the quickest avenue to get this resolved. I've had to do it before when someone without insurance rear-ended me. I never recovered my deductible ($1,000), and I had 0 fault in the accident. I didn't do anything that made me deserve to lose my $1,000, my lost time, and sustaining injuries, but unfortunately, life can be unfair.

I was 25 at the time, so $1,000 was no small amount to me at the time.

Either way, I think you'll have to pick your poison, but @adjusterjack has jumped in and provided some great advice, even if it is a tough pill to swallow.

 

[adjusterjack]

I wrote extensive email last night refuting their quote line by line and adding in a bunch of lines from 5 different quotes I got.

OK. What I get from your post is that the car was damaged enough to be a total loss, meaning that the cost of repairs exceeded 80% of the Actual Cash Value of the car. But, in spite of the damage, the car would be drivable with a replacement tire and wheel.

Confirm that please.

I wrote extensive email last night refuting their quote line by line and adding in a bunch of lines from 5 different quotes I got.

You are welcome to upload the company's ACV appraisal and your 5 quotes for me to review. Use the upload a file button at the bottom. Redact any personal identifying information but be sure to leave the details about the car.

Is there no assumption at all that the burden of financial hardship on GF to pay for all of these things out of pocket is unreasonable when she has no fault?

No, there is no such assumption. As my learned colleague says, there are realities of insurance claims that you can huff and puff and beat your chest about but you'll still have to face them. Nobody is ever happy with an insurance claim. There is no such thing as being "made whole." It's a myth. Even if you go to court, you'll never really recover every penny that you think you are entitled to.

We're talking about a damn drunk driver with an open container in the cabin and an empty 12 pack in the back who openly admitted not only fault, but that he had just caused another accident the week before... although police refused to either fill out a report or search his vehicle since they were apparently late to dinner and don't like paperwork.

Which has absolutely nothing to do with the amount of dollars you get for the damage.

I DO have rather extensive coverage through State Farm, but they advised me to go through at fault party's insurance instead to avoid being stuck with deductible.

Yeah, because your agent doesn't want claims on his profitability. I have State Farm, too, and if my agent ever told me that, I would say some very bad words to him. LOL.

In retrospect, would you rather have the deductible or the hassle you are going through now?

Anyway, as I noted earlier, I'd be happy to review the total loss evaluations for you.

Money is tight.

All the more reason to get a wheel and tire and use the car.

 

[adjusterjack]

sustaining injuries

Your Uninsured Motorist coverage should have taken care of your injuries.

 

[Al3x Lee]

Your Uninsured Motorist coverage should have taken care of your injuries.

Yes, it sort of did, but money can only do so much for a back injury lol. Still gives me issues

 

[adjusterjack]

Yes, it sort of did, but money can only do so much for a back injury lol. Still gives me issues

Yeah, been there. Several times.