5 years later, first accident.. Help?

[christianchevell]

Your insurance should fight to get you what you deserve but does that happen...NO, and you have a right to have it be brought back to before loss condition with OEM parts and be paid for the loss of value on resale now being a wrecked car,( diminished value ), so you should get repairs and check which I would want to know I am getting the most.

Around here in Oregon there is one shop called Leif's that actually haggles with the insurance for you and that's nice as the option to get the correct money out of someone else's insurance does come down to you suing their insurance or the driver of the other car or your insurance getting the money or you hassling for it. You also have the right to pick three shops and go with the highest quote here. Good Luck.

[sdmaro]

Originally Posted by christianchevell

Your insurance should fight to get you what you deserve but does that happen...NO, and you have a right to have it be brought back to before loss condition with OEM parts and be paid for the loss of value on resale now being a wrecked car,( diminished value ), so you should get repairs and check which I would want to know I am getting the most.

Around here in Oregon there is one shop called Leif's that actually haggles with the insurance for you and that's nice as the option to get the correct money out of someone else's insurance does come down to you suing their insurance or the driver of the other car or your insurance getting the money or you hassling for it. You also have the right to pick three shops and go with the highest quote here. Good Luck.

Thanks for the tip on diminished value. Should I get an appraisal before and after the repairs? The insurance claimed they would only accept the claim under the terms that I was gonna sell me car.


UPDATE: The insurance listed in the police report has been invalid since 2013. I did however capture an insurance policy that was different that the one she gave the cop. It is through Infinity auto insurance and I filed another claim with them. Hopefully this works otherwise state farm says that I would have to claim an uninsured motorist and pay the $1000 deductible.

All these things are extremely slow and it looks like I will be out of a car for the next couple weeks. Does it matter that my state farm policy will expire in 5 days? I am switching to Geico (which they want a vehicle inspection by the 15th). Can I sue her in small claims or do anything if she has no insurance?

[Welker2]

Originally Posted by sdmaro

Thanks for the tip on diminished value. Should I get an appraisal before and after the repairs? The insurance claimed they would only accept the claim under the terms that I was gonna sell me car.


UPDATE: The insurance listed in the police report has been invalid since 2013. I did however capture an insurance policy that was different that the one she gave the cop. It is through Infinity auto insurance and I filed another claim with them. Hopefully this works otherwise state farm says that I would have to claim an uninsured motorist and pay the $1000 deductible.

All these things are extremely slow and it looks like I will be out of a car for the next couple weeks. Does it matter that my state farm policy will expire in 5 days? I am switching to Geico (which they want a vehicle inspection by the 15th). Can I sue her in small claims or do anything if she has no insurance?

Are you trying to deal directly with her insurance company or are you? If you are, why are you not letting your insurance handle this?

[sdmaro]

Originally Posted by Welker2

Are you trying to deal directly with her insurance company or are you? If you are, why are you not letting your insurance handle this?

I personally filed a claim with her insurance and another with my own. I guess I'm just paranoid to get screwed over since the Florida insurance fraud rates are so high and the fact that the original document she gave to the PD was invalid.

[Welker2]

Originally Posted by sdmaro

I personally filed a claim with her insurance and another with my own. I guess I'm just paranoid to get screwed over since the Florida insurance fraud rates are so high and the fact that the original document she gave to the PD was invalid.

Understand your concerns and glad to hear you have your current insurance company involved. Not sure how or if switching companies in the middle of claim will impact things, but at a minimum I would think it would delay getting a settlement and your car repaired. Good luck on getting this resolved and your car back on the road soon.

[Dmpsix]

Originally Posted by sdmaro

I personally filed a claim with her insurance and another with my own. I guess I'm just paranoid to get screwed over since the Florida insurance fraud rates are so high and the fact that the original document she gave to the PD was invalid.

Any updates so far?

[sdmaro]

Originally Posted by Dmpsix

Any updates so far?

Since the insurance provided in the police report turned out faulty, I took another look at all the pictures I took at the incident and noticed the insurance she gave me was different. It was also current until jan 2017, but under a different insurance company. My claim was just assigned to an adjuster. If this falls through, I have a state farm claim ready to begin repairs. However, I would be out of pocket for the $1000 deductible and they would try to contact the other driver in the future to reimburse me... if they can...

[sdmaro]

UPDATE: Second insurance company called back and said it expired in August this year. *sigh * awaiting the estimate from the adjuster and seeing what they can pull up. Looks like everything from the driver was fraudulent. Can I still claim diminished value on an individual? Don't want to end up in a legal value out of pocket (and dragging for 6 months).