Legal Advice

[T-ProGuy]

I don't know if there really is an appropriate board to post this on, but this is where I usually go for advice, so here is my situation...

I was involved in a hit and run car addicent last night, in which the other driver was at fault. The driver was drunk, has previous offenses, totalled my car and was eventually tracked down. Fortunately, I was not hurt (some bumps/bruises/soreness) and will be seeing a doctor shortly just to make sure.

I have talked to my my insurance agent, as well as an agent for the other driver's company. I have been told that it will probably be some time next week before I can even get a retal car to use. I was told that I am only entitled to the current market value of my car (it was 8 years old, 130,000 miles and has a book value of about $3,500). I am aware about the "no-fault" laws and how they relate to any necessary medical costs.

My question are as follows: Should I get a lawyer involved? Am entitled to any additional/other compensation for the accident? Should I expect to just settle for the $3,500 value of the car?

Thanks in advance for any advice!

[Eric Wettschreck]

The whole deal pretty much sucks and I have to keep my eye on the good fact that the wife is OK.

I just wanted to put up my situation to the original poster to let them know that they may have a small battle ahead and if they think they need a lawyer, go talk to one.

[BobT]

I don't know how your insurance policy is written or what the laws are but is makes sense to me that your insurance company should be required to cover you anyway regardless whether they feel the other insurance company is required to. It should be up to your insurance company to pursue satisfaction from the other company on their own behalf but I would think they are still obligated to cover you by the contract you have with them. You shouldn't have to wait while they settle up their dispute with the other insurance company.

This is where an attorney you hire may be beneficial.

Bob

[New Yankee]

Cliffy and Picks - no issues here

Boiler - don't mean to stir the pot here, but should a suit be filed as a result of your wife's accident, it will name the businessman, not his insurance company. Direct actions against liability carriers are not allowed in MN and most other States. The carrier will defend the businessman, but it will be him (and likely his business as well if he was working at the time) who is named and served with the summons and complaint.

[efgh]

I think that if I was in your shoes I would contact the Attorny General, he will refer you to the dept that regulates the ins. co in the state, state your case, you now have two offices working for you.

[Eric Wettschreck]

A suit has been filed and I'm way too dumb to understand the legal mumbo jumbo. I'll let the lawyers deal with the lawyers and their lawyers.

The way I figure it is, if the dude loses, and he will, and if he has to out of pocket stuff, then HE can attack HIS insurance company. I don't wanna see bad things happen to the dude but in all honesty, that's his problem. I just want my wifeys Dr bills paid with enough left over to get her a decent vehicle comparable to the one that was absolutely destroyed.

I know some of yous guys work with insurance and sorry if I sound like I hate insurance dudes. Yous guys are just doing your jobs, I know. It's the industry in general that I have a particular distaste for.

Not trying to distract from the original posters questions. Once again, if you think you may need an attorney, contact one.

[McGurk]

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...your insurance company should be required to cover you... It should be up to your insurance company to pursue satisfaction... You shouldn't have to wait while they settle up...

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Not to pick on you Bob, but I think we all know that the words SHOULD and SHOULD NOT have been completely removed from any and all common-sensical legal aspects of today's society.

[Whoaru99]

Yeah, a sad situation, so it seems.

[uffdapete]

One thing that will help motivate the insurance company to settle quickly and fairly is to get a rental car immediately to temporarily replace the loss of your wrecked car. Now they know the meter is running on the rental and the longer they drag out the settlement the more they are paying. I was in a similar situation a few years ago that was the advice from my agent. It worked well.

[BobT]

Yeah, I know. I actually used those words on purpose because it is what I believe. Unfortunately, that doesn't mean that is the way things are. What is right and fair isn't always what is done these days.

Bob

[Big Dave2]

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I don't know if there really is an appropriate board to post this on, but this is where I usually go for advice, so here is my situation...

I was involved in a hit and run car addicent last night, in which the other driver was at fault. The driver was drunk, has previous offenses, totalled my car and was eventually tracked down. Fortunately, I was not hurt (some bumps/bruises/soreness) and will be seeing a doctor shortly just to make sure.

I have talked to my my insurance agent, as well as an agent for the other driver's company. I have been told that it will probably be some time next week before I can even get a retal car to use. I was told that I am only entitled to the current market value of my car (it was 8 years old, 130,000 miles and has a book value of about $3,500). I am aware about the "no-fault" laws and how they relate to any necessary medical costs.

My question are as follows: Should I get a lawyer involved? Am entitled to any additional/other compensation for the accident? Should I expect to just settle for the $3,500 value of the car?

Thanks in advance for any advice!

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t-proguy, maybe I missed this if you said it but, do you have collision on your car that was smashed?

If you do then I would think that you should be able to settle this with YOUR insurance company and let them do the battling with HIS insurance company.

This is the way it worked for me when I had an accident in about 1991. I was t-boned by a woman that went through a yield sign. My insurance co(state farm at the time) settled my claim minus the deductible and when they settled the claim with the other womans ins. co. they sent me a check for most of my deductible back.

It still wasn't that simple though because state farm concluded that I had paid too much for my car, which was only a month old. They were only going to give me x amount which was about $1500 or better LESS than what I owed for the car. Well I couldn't afford to take a hit like that so I wouldn't settle and they kept calling, trying to haggle with me. I kept saying that I would only settle for the loan amount and this went on for a month or more. Finally one day I said to the gal that kept calling me "you know, every day you put off settling with me you keep acumulating interest on YOUR loan." She finally gave in and paid off the car loan.

Moral: Don't be afraid to haggle with them. You have nothing to lose. If you feel that the car is worth more, go for it. But I think a lawyer will probably not pay off in this case.

In reference to whoever said that insurance companies don't try to underpay claims, that is a bunch of hogwash. Every business tries to cut expenses, and thats what a claim is, an expense. Of course they are going to try to pay as little as they can get by paying. Its just like a car dealer. They usually start with a high price and are able to work it down a little to get you to buy.

[T-ProGuy]

Dave, thanks for the response (as well as the rest of you guys)!

I talked with my attorney, and he suggested the following: 1) File the claim with the other driver's insurance company, as they should be willing to cover the cost of a rental for the amount of time I would need it (my insurance would not cover this if I filed with them...the other insurance co. has already agreed to cover the rental) 2) No need to hire a lawyer to settle the property loss claim (just do not accept the ins. co's first offer...haggle with them until I feel that I have received a more fair price) 3) Continue to see a doctor for my aches & pains as frequently as I feel necessary & keep a jounal of my physical problems 4) If, in 6 months or so, I am still feeling the effects of the accident, then hire an attorney and file a personal injury suit seeking damages for the injuries.

Things are going ok, so far (in regard to getting the claim processed). They are having an adjuster evaluate the car today and are supposed to have an "official" offer for me early next week. We'll see how it goes.

[T-ProGuy]

Just an update for you guys...

Heard from the insurance adjuster today. She told me that they were willing to give me $3900 for the car. I told her that number was unacceptable, as the NADA value for the car (I looked it up online) was $4550. She said "her" NADA value was $3100, so she was being more than fair.

I was told that I have 24 hours to accept the offer, or they start charging me $100 per day for unnecessary storage of the car. I told her this was talk, because I talked to the tow company, and their daily storage fee is $50. The adjuster told me that the rate deducted from my settlement would be $100 per day, because they needed to recover some of their losses.

I told her that this whole thing was talk and totally unacceptable, then hung up. I know, probably a bit of an over-reaction, but I am upset, nonetheless.

What a joke.

[Fishin4Life]

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(it was 8 years old, 130,000 miles and has a book value of about $3,500).

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I thought you said it was only worth that amount. So in that case I would take the 3900 and run.

One thing you could do is go shop and see what you can replace it for. Bring them multiple pieces of documentation showing that you could not replace your car for less than 4500....Just a thought

[nofishfisherman]

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Bring them multiple pieces of documentation showing that you could not replace your car for less than 4500....Just a thought

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The article I posted said to do this exact thing. Its your only way to prove that $3900 isn't enough money to replace the car. You need to prove it to them they will not just take your word for it. You either need to do the leg work or take the $3900.

[ChuckN]

I have found discrepancies in the internet NADA and the actual NADA book that is published every few months. Doesn't hurt to go to the local library or bookstore and check out the book for yourself and see what it says..

[luckey]

T-Pro

I don't remember you giving any car details. Maybe we can help on the price if we know some details.

Year, make, model, and general options. With all of us looking we might find some additional ammo for you.