Other Insurer Upping Value for Under Insured Claim?

[djs]

I'm confused. Why not just file it with your carrier? Take the max payout from Farmers, then get the difference from your carrier (under your collision coverage). Yes, you will have to pay your deductible if you don't have deductible waiver, actually just a portion of it, but you will come closer to being made whole.

Don't second guess what they will offer. Let them figure it out.

Dan

 

[bmw tuning]

Like I said above, they already said no I couldn't do that. Im not gonna take less $ just to get it done anyway. My mom wasn't at fault and they already said her rates aren't going to change so they can play it however they like as long as we get fair market value on the car and proper settlement for her pain and suffering. I just thought it was funny how the one time they over pay on a car this is the scenario.... Same old insurance games either way theyre gonna pay now or later. Just sad that soon insurance adjusters are gonna be in the same category as lawyers and used car salesman, lol.

 

[VolAgent]

Like I said above, they already said no I couldn't do that. Im not gonna take less $ just to get it done anyway. My mom wasn't at fault and they already said her rates aren't going to change so they can play it however they like as long as we get fair market value on the car and proper settlement for her pain and suffering. I just thought it was funny how the one time they over pay on a car this is the scenario.... Same old insurance games either way theyre gonna pay now or later. Just sad that soon insurance adjusters are gonna be in the same category as lawyers and used car salesman, lol.

So follow Dan's advice and have your mother file against her insurance. If need be they will get her full value for the car and work with the other company on splitting up who pays what.

 

[Josh]

Like I said above, they already said no I couldn't do that. Im not gonna take less $ just to get it done anyway. My mom wasn't at fault and they already said her rates aren't going to change so they can play it however they like as long as we get fair market value on the car and proper settlement for her pain and suffering. I just thought it was funny how the one time they over pay on a car this is the scenario.... Same old insurance games either way theyre gonna pay now or later. Just sad that soon insurance adjusters are gonna be in the same category as lawyers and used car salesman, lol.

Proper compensation for her pain and suffering? If we've spent this much time talking about the car and no mention of pain and suffering til now, it doesn't sound like there is much.

 

[Insurance-Guy]

You are the one that thinks the adjuster is just raising the value of your car so they won't have to pay the claim and you think the offer is more than the car is worth. The limit of the other party is the limit that's it...so it is a coverage issue with the other party. The best thing you could do in this case is just let your own company handle the claim and they will subrogate and get the deductible back.

 

[bmw tuning]

The claim is going through our insurance, thought thats what I said above. They can go after who ever to get it back. The girl ran a red light and was sited for careless, my mom was taken away in an ambulance and couldn't get out of bed or do anything for a week. She missed a trip to AZ and is going to physical therapy twice a week. Im sure there is going to be pain and suffering... you disagree?

 

[Josh]

The claim is going through our insurance, thought thats what I said above. They can go after who ever to get it back. The girl ran a red light and was sited for careless, my mom was taken away in an ambulance and couldn't get out of bed or do anything for a week. She missed a trip to AZ and is going to physical therapy twice a week. Im sure there is going to be pain and suffering... you disagree?

People generally have an overinflated believe of what pain and suffering means. A starting point is usually 3 to 4 times medical bills. Doesn't hurt to ask, but couldn't get out of bed for a week doesn't quite rate. I'm not saying it doesn't suck, but it's usually a fairly high standard. If you wanted to get real fancy with it you could get one of those "free consultations" with a slip and fall attorney and run the case by him. You know, the ones that say "we'll make the insurance companies pay!" It's their business and they'd probably roll their eyes at the claim. Missing a trip to AZ? Nah. Lost a leg, sure. Chronic and debilitating pain for years, sure. Having to take it easy fo a week? No dice. When you say she couldn't do anything for a week, if that means lost work time (someone that would have paid her otherwise) then there is a possible lost income claim there, but for that to fly it'd have to be lost work time. I take it since she went home she was able to more or less take care of herself (bathroom, shower, food, etc).

By all means talk to the carrier about it and see what they say and if they share my opinion go to the attorney (that will usually take a third of the settlement plus expenses, quite possibly the same amount the carrier would have paid anyway).

More importantly, my opinion isn't what matters, what matters is the claim practices and case law in the great state of (insert your state here).

Just to truly beat this point to death, it looks like it wasn't until your fifth post where you made any mention of your mothers injuries.

 

[bmw tuning]

Well isnt a ambulance ride, xrays, tests, doctors visits, medication, rehab, etc. Medical bills? The other co. has already mentioned paying for pain so Im sure they will be. We will threaten attorneys but ya my experience is they take enough to not make it worth it anyway.

 

[Josh]

Well isnt a ambulance ride, xrays, tests, doctors visits, medication, rehab, etc. Medical bills? The other co. has already mentioned paying for pain so Im sure they will be. We will threaten attorneys but ya my experience is they take enough to not make it worth it anyway.

Absolutely, but it's not much. If they offered you $1k for pain and suffering I'd think that great deal for her, but I'm also not in your state and have no experience with the way they are handled there.

Threatening insurance companies with an attorney doesn't really work. They have armies of attorneys. Their attorneys have attorneys. I'm not saying not to go after it, but I would be realistic with what to expect.

 

[bmw tuning]

State Farm finally came in w/ their value for the car.... Amazing! Its $24k and some change, just like I said it would be! The insurance co.s and the games never end. We are not accepting it and at least holding out for the original $26k offered from Farmers. The back and forth and time wasting is just ridiculous.