Truck Smashed Into, Husband Being a Pain in the Neck!

[Claire76]

Yesterday, my 1993 GMC Sonoma was parked outside my friend's house and her daughter backed into it causing a huge dent in the side panel of the truck bed. My husband had already backed into something recently causing the tailgate to sustain damage, didn't fix it and it's starting to rust.
So, the daughter gave me her insurance details and now I'm worried that her insurance company (State Farm) will want to write the truck off as totaled because of it's age. I don't want to lose the truck so obviously, I would say no. My husband said if he doesn't get offered what we owe on the truck (more than it's worth so no chance), he will sue the girl for the difference (Ha). I am assuming that if he rejects the insurance company's offer he would be relieving the girl of any obligation to pay for the damage. Plus, it's not her fault we got a crappy deal on the finance of the truck in the first place.
Why have insurance if people can refuse to deal with them and give YOU a bill?
He's wrong, isn't he? He can't reject the insurance co. and sue the girl?

 

[STIBROKER]

I would talk to a lawyer.....

 

[VolAgent]

Her insurance company bears the financial liability up to her limits. I'm not sure of the exact particulars if he'll sue her and they defend, or if he sues the insurance company directly, but it'll be their lawyers he'll be dealing with.

And you're right, your poor choice in financing arrangements is no one else's fault. The insurance company is not going to offer more than the truck is worth.

 

[LuckyFace]

Definitely lawyer could help you to solve this.

 

[STIBROKER]

AND most financing arrangements require you to have insurance and if the truck is deemed totaled no insurance company will insure it.....

And you're right, your poor choice in financing arrangements is no one else's fault. The insurance company is not going to offer more than the truck is worth.

 

[Guest]

I think your thinking too much, if its just a dent in a fender, go get an estimate or two before you decide to do anything, a dent only might only be a couple hundred bucks and the girl and her parents may want to just pay you cash for that, will keep her rates from skyrocketing.

You are mentioning a dent and not massive damage.....

Get the estimate and then discuss it, and then discuss the options with the friends and their daughter. Remember, since you are friends with these people, it can get pretty ugly in a hurry!

 

[Insurance-Guy]

I think your thinking too much, if its just a dent in a fender, go get an estimate or two before you decide to do anything, a dent only might only be a couple hundred bucks and the girl and her parents may want to just pay you cash for that, will keep her rates from skyrocketing.

You are mentioning a dent and not massive damage.....

Get the estimate and then discuss it, and then discuss the options with the friends and their daughter. Remember, since you are friends with these people, it can get pretty ugly in a hurry!

Exactly what I was thinking too...why is your husband even talking about suing someone...without even knowing how much damage is done or what the insurance company is going to do...tell him to get a life. The insurance company is only liable to replace or repair the property that was damaged...that does not mean that they have to pay off your loan...which it sounds like you know already. Most attorney's will not want to get involved in something like this...since there was no one hurt so there are no deep pockets to go for. As far as recovering the relatively little amount of money from the payoff I bet any attorney will bill you by the hour and it will end up costing you more than you owe on the truck. My suggestion would also be just get an estimate first...then see where to go from there. ​

 

[Claire76]

No, the "dent" is the whole side of the truck bed. Caved in.
The girl is married and her husband is an absolute ass and will not pay for the repairs out of his own pocket because he said his insurance deductible is zero (he does not live in the same state as us, they were visiting for Mother's Day). We've already tried to discuss it with him.
Also, the deal with the finance company was not a "choice" but because my husband's father died and we were dragged through probate court and ended up declaring bankruptcy and we have to have vehicles so we can work! Because of all this nasty stuff that has happened we have a lawyer on retainer.
All I WANT to know is, if we refuse an offer from their insurance company, are we relieving them of obligation?
You might think I'm overreacting but you must understand how many times we've been crapped on through NO fault of our own!

 

[VolAgent]

I'm no lawyer, or even P&C agent, but refusing an offer isn't going to release the liability. Think about it, if it was that easy, all the insurance company would have to do is make low-ball offers to everyone and get it refused. Then they'd never have to pay out claims, or they'd only pay tiny amounts out in claims.

At the end of the day, she hit your truck and is liable for the damages. Fortunately for her she has insurance and transferred the liability to them. Until you reach an agreement or have a court decision, its still outstanding. I hope you did get a police statement or she has admitted to the insurance company her liability.

 

[Claire76]

Thank you. I'm just really worried because everything always seem to end up horribly and my husband is stressing out.
She sent me an email saying she was sorry and gave me her insurance details but I don't assume that would hold up as proof. I hope it would.