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

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.

I hope you've called the insurance company already? You should have done that before you ever left.
 
Sounds like you have progressed directly to stress level 100 without ever going thru the steps...

What makes you think if you reject the insurance companies offer, that you could get more money elsewhere and from who?

You need to follow the steps and proceed, if you dont like the insurance companies offer, then appeal it, then possibly get a lawyer.

Try step #1, file an insurance claim. DUH
 
Well, this is not legal advice, just common sense advice.

When someone damages your property through unintentional negligence (typical accident), they are responsible to repair the damage. In most cases, they have insurance to cover this liability.

For property damage, usually the deductible is $0.00. In other words, the insurance company will pay to fix your truck, in full, up to the policy limits and up to the value of the truck. Simply put, they will not pay more than the truck is worth. Even if you sue the girl, a judge will say (likely, again, this isn't legal advice), that she is responsible to repair the damage of the truck, up to the value of the truck.

The fact you owe more than the truck is worth isn't her problem.

Now, chances are, there isn't a lot of serious damage to the truck. This is where the estimates would help, but given its a 1993 truck, there isn't a lot of value there either. I would agree that odds are, this is a total if the front fender, door and rear fender are all damaged.

Keep in mind, the value of the truck was reduced by the damage caused to the tailgate. An insurance company will pay based on the condition of the truck at the time of the accident, not a picture perfect vehicle. In other words, they will deduct for bald tires, add for brand new tires. They will subtract for high mileage, add for low mileage, etc.

If the truck is totaled, you could opt to keep the truck and just take the check from the insurance company. If you go this route, keep in mind that the truck will have a salvage title AND the check will get written out to the finance company, up to the amount you owe the finance company, but not more than the value of the truck.

Also, keep in mind, total settlements include the cost of taxes, title, registration, all of those things you pay when you buy a car.

As others have said, file the claim, follow the process. It's actually usually amazingly simple. Don't sue your friend. Its not worth it. Let your husband blow off a little steam though, even though unfortunately it may be directed at you.

Dan
 
check with a couple of junk yards, and price a truck bed... i have seen, new ones stacked up. they were take-off, from when the pu owner wanted, utilty bodys installed... and if your husband can spin a wrench, he could change it in your driveway.
 
Well, this is not legal advice, just common sense advice.

When someone damages your property through unintentional negligence (typical accident), they are responsible to repair the damage. In most cases, they have insurance to cover this liability.

For property damage, usually the deductible is $0.00. In other words, the insurance company will pay to fix your truck, in full, up to the policy limits and up to the value of the truck. Simply put, they will not pay more than the truck is worth. Even if you sue the girl, a judge will say (likely, again, this isn't legal advice), that she is responsible to repair the damage of the truck, up to the value of the truck.

The fact you owe more than the truck is worth isn't her problem.

Now, chances are, there isn't a lot of serious damage to the truck. This is where the estimates would help, but given its a 1993 truck, there isn't a lot of value there either. I would agree that odds are, this is a total if the front fender, door and rear fender are all damaged.

Keep in mind, the value of the truck was reduced by the damage caused to the tailgate. An insurance company will pay based on the condition of the truck at the time of the accident, not a picture perfect vehicle. In other words, they will deduct for bald tires, add for brand new tires. They will subtract for high mileage, add for low mileage, etc.

If the truck is totaled, you could opt to keep the truck and just take the check from the insurance company. If you go this route, keep in mind that the truck will have a salvage title AND the check will get written out to the finance company, up to the amount you owe the finance company, but not more than the value of the truck.

Also, keep in mind, total settlements include the cost of taxes, title, registration, all of those things you pay when you buy a car.

As others have said, file the claim, follow the process. It's actually usually amazingly simple. Don't sue your friend. Its not worth it. Let your husband blow off a little steam though, even though unfortunately it may be directed at you.

Dan



PERFECTION!!!!:yes:;):D
 
In some ways it sounds like your husband is looking for a payday from the accident. Proceed that route at your own risk.

Usually a company has to offer to repair damages, a dent or dents can be pounded out and repaired. structual damages are a different story. Take the truck in for an estimate. Get an estimate and give it to their insurance. See what happens.

I too drive older cars and trucks. I've been hit and pretty simply, I went and had the repairs estimated, presented it and they paid for fixing and a rental car.

Don't talk to the people who hit the truck, talk to the insurance company.
 
They have State Farm. You don't have to bother with the estimate. File the claim, file the process.

State Farm will meet you at the body shop, write the repair check on the spot, wham, bam, done. At least, I assume they do it this way, most major carriers who have their own claims reps in the area do.

Yeah, yeah, you can get into supplements once the tear down is done due to more work. This is part of the process, whether you get your own estimate upfront or not.

Dan

P.S. Most carriers work hard to make this a painless process, at least as much as possible. Don't go out of your way to make it harder than it needs to be.
 
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