Hello I have never used a forum and I was hoping to get the best advice. I was recently in a car accident that I was not at fault. The other driver and I both have the same ins company. I have not only full coverage with a $500 deductible but I am also an "uninsured motorist." The other party has vehicles covered by the ins company BUT not the one he hit me with. I recall them mentioning that he was also an uninsured motorist (not positive though.) But I believe that is neither here nor there because as I understood that the uninsured motorist meant that if you were in an accident in any vehicle. I will give a hypothetical scenario: lets say I was at fault of I wasn't at fault and I was out wasnt driving the vehicle on the policy(even though I was.) And the insurance adjuster does a 20 minute inspection comes back to me and said there was a $510 of damage and then tries to hand me a $10 check. Now I was hit very hard. The car is out of alignment and it was out of fluid in the radiator reservoir and a mechanic had the damage at a lot more. But once again I am using some of this as hypothetical and some is truth. Now let's say that the damage was ONLY $510. Lets pretend. Well since I am an uninsured motorist I was under the impression that my deductible didn't even come into play. I believe that my car needs to get 3 estimates and if the other drivers ins (through the same company)for done reason doesn't pay. Shouldnt I receive a check for the correct amount of damage without having to use any of the $500 deductible. Please help. I am really getting shafted and I need some advice PLEASE???
I Think I'm Being Shafted by my Car Ins Company
- Thread starter Imjrw
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- 1,016
whether or not the other driver had uninsured motorist coverage is irrelevant. You would have been paid by his liability coverage, had his vehicle been insured. uninsured motorist coverage doesn't pay the other party (at-fault or not).
as far as you having uninsured motorist coverage, if you look at your coverage, you most likely have uninsured motorist bodily injury coverage, but not uninsured motorist property damage (UMPD) coverage.... that's because in most states, if you have collision coverage, UMPD coverage becomes null and void because it's covered anyways under collision coverage.
so what you have here is simply a collision claim, and your $500 deductible would apply.
so you weren't shafted as far as how the procedure was handled.
however, if your radiator and alignment are messed up, pretty safe to say that there's way more than $510 damage!
Best thing you can do right now is go get an estimate (get more than one if your vehicle is still drive-able), and present those estimates to your claims adjuster.
You can also go after the other guy for the deductible, but that's hit or miss there.... if he couldn't afford liability coverage on his vehicle, he may not have a pot to piss in.
as far as you having uninsured motorist coverage, if you look at your coverage, you most likely have uninsured motorist bodily injury coverage, but not uninsured motorist property damage (UMPD) coverage.... that's because in most states, if you have collision coverage, UMPD coverage becomes null and void because it's covered anyways under collision coverage.
so what you have here is simply a collision claim, and your $500 deductible would apply.
so you weren't shafted as far as how the procedure was handled.
however, if your radiator and alignment are messed up, pretty safe to say that there's way more than $510 damage!
Best thing you can do right now is go get an estimate (get more than one if your vehicle is still drive-able), and present those estimates to your claims adjuster.
You can also go after the other guy for the deductible, but that's hit or miss there.... if he couldn't afford liability coverage on his vehicle, he may not have a pot to piss in.
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BlockO I completely understand what you are saying. The exact reason that I am getting shafted is because of this: I have a 2006 Dodge Grand Caravan and although I have never owned a new vehicle, as in off a car lot and financed. I have always just bought a used car and paid cash. So in stating that I have always put full coverage. Sometimes as low as a zero deductible so just in the event that I caused an accident then I would at the least receive a enough money back that would either allow me to buy another used car or put a down payment on another new vehicle (which hasn't happened yet.) So in stating all of that now you can conclude that instead of throwing out a hypothetical scenario I am just straight out using the term shafted because if the insurance company knew I had a policy that had to carry an uninsured motorist coverage why would they let me (naively) put full coverage on an 11 year old vehicle with high miles (for a Dodge) with a $500 deductible? I mean I have been with this company since early 2000's and they are going to treat me like this now? I am trying to send some screen shots (it's not working very well.) I'm not (naively) trying to give you my personal information but I wanted you to take a look over both document pieces of the puzzle and tell me if I am right or wrong?
What Blocko said was correct.
A lot of people have comp and collision coverage on 11 year old cars, even with high mileage. That was your choice and continues to be your choice.
If the other driver is insured, they should be able to subrogate against the driver and collect the amount of the claim from the insurance company (even if its themselves). If that happens, they will then reimburse you the amount of the deductible.
Has a fault determination been done yet? Has the insurance company stated that they found the other driver at fault? They also need to do a coverage determination which sounds like it might get a bit complicated. Why isn't this car covered? Did he own it or was he borrowing it and just driving it? Did he just buy it?
Dan
A lot of people have comp and collision coverage on 11 year old cars, even with high mileage. That was your choice and continues to be your choice.
If the other driver is insured, they should be able to subrogate against the driver and collect the amount of the claim from the insurance company (even if its themselves). If that happens, they will then reimburse you the amount of the deductible.
Has a fault determination been done yet? Has the insurance company stated that they found the other driver at fault? They also need to do a coverage determination which sounds like it might get a bit complicated. Why isn't this car covered? Did he own it or was he borrowing it and just driving it? Did he just buy it?
Dan
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- #5
Dan I have the LOE stating 0% negligence on my part. It has now been determined that the other driver is at fault. I received a call from the supervisor for the original insurance adjuster. I explained to him my complaint. He said that they are only given "so" much information on there side. I said that they all need to get on the same page or I'm going to get an attorney. He said if I took it to my mechanic and the mechanic drove the vehicle (he said it was illegal for there insurance adjuster to drive the vehicles) and found other damage that was related to the accident then they would adjust the estimate. At the same time he still did not say WHO was paying for it. As far as my full coverage or the other guys insurance policy (which happens to be the same as mine) only they can not identify the vehicle I said hit me being listed on any insurance policy. What now? If they have determined it is his fault don't they have to pay for my damages until they figure out what is going on with this guys policy?
Jess
Jess
If the guy that hit you was uninsured then you will be out your collision deductible. The uninsured/underinsured motorist coverage is for bodily injury not property damage.
Hopefully he was covered at which point his property damage liability will pay to fix your car.
Hopefully he was covered at which point his property damage liability will pay to fix your car.
- 15,041
Time to take a step back.
It does sound like the insurance company may be disorganized and the adjuster is not the best. However, I doubt any of this is intentional. I will admit I skimmed more than read what you wrote as it was difficult to read.
I will take the supervisor at his word, the adjuster may not be able to drive the vehicle. However the mechanic and body shop definitely can. They will need to take off the damaged parts and submit a supplement for the additional damage. Getting multiple estimates may be a good idea here. If the insurance company then refuses to pay, then yes you are getting shafted.
Also, UM and UMPD varies by state. Here in Tennessee you can have UMPD in addition to collision. It operates basically just like UM/UIM, you have a deductible and then the company pays the rest and may go after the at fault driver for damages. Assuming they think they will get anything.
- 232
You bought 'full coverage' so that you could get your car repaired. Take it to a reputable shop and let them haggle with the adjuster on the cost of repairs. The good shops - that's what they do.
If you want the check, they're offering $510 - $500 ded = $10. Adjusters base their estimates on what they can SEE, not what they can predict the car will ultimately need to be fully repaired. Many won't even open the hood to assess damages.
If you want the check, they're offering $510 - $500 ded = $10. Adjusters base their estimates on what they can SEE, not what they can predict the car will ultimately need to be fully repaired. Many won't even open the hood to assess damages.
Agree the shop will find a way to get the job
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- #10
