QuestionQUESTION: I was involved in a wreck on 10-2-07. I reported it to my insurance and hers. She was issued the tickets. The question I have is, I've now been without a vehicle for almost 4 weeks and the insurance company is wanting me to mail the title( vehicle was a total loss) and power of attorney so they can send me a check for the A.C.V.(Actual Cash Value) of the vehicle and then they want to settle on the expenses after the fact. Why would they not just write one check for everything? Also, i was not allowed to get a rental car. Am i able to make them pay for for rental fees even if i did not get the rental car?
ANSWER: Hi Jeremy,
When the other driver reported the accident to her insurance company, that company had to open two different claim files. One under the property damage portion of her coverage to cover the damage to your car and a second claim file under the bodily injury portion of her policy to deal with settling with you for your injuries.
These files were assigned to two different specialists.
Each one has had extensive training in their speciality.
It's possible they don't work at the same location and may not even be acquainted with each other.
The damage portion of your claim can usually be settled within 30 days, whereas, depending on the extent of your injury, that claim will not be settled until you have completely recovered which in many cases could be over a year.
If you had actually rented a car, you could have presented that bill as an expense and demanded reimbursement.
Even though you have been severely inconvenienced since the date of the accident by not having a car, you have suffered no financial loss. You have no legal rights to recover for inconvenience, therefore you are not entitled to be reimbursed for what a rental would have cost.
If you had to ride the bus to work or pay a friend $2-$4 per day for a ride to work, you can itemize these expenses and demand reimbursement.
I hope that you have spent time negotiating with the claims adjustor for a fair settlement for your car and are just not accepting their first offer (unless you feel that it truly represents your cars value).
As far as settling your injury claim, that is again based on your expenses. The cost of ER, Visits to your Doctor, any Physical Therapy that he may have prescribed, any prescription drugs, the costs you incurred on making these trips for care and treatment plus any documented wage losses.
When you are totally recovered, provide the insurance company with copies of each individual bill and make a settlement demand for 3 times that total. The insurance company is going to make you a lower offer. Then the period of 'compromise' starts. They will slowly increase their offer and you will slowly counter offer with an amount less than your original demand. You should be able to eventually settle for 2.5 to 2.75 times your total losses.I trust that my answer has been helpful, please write again if I can provide more assistance.
Your feedback for my answer will be greatly appreciated.
Sincerely,
Bennie
San Francisco Bay Area 10-29-07 11:58 PM PST
---------- FOLLOW-UP ----------
QUESTION: IF i wasn't injured would the transportation expenses and other bills relating to the wreck occurred such as cab fee paying friends for ride to work damaged household goods ( there was a crockpot destroyed) would all that fall under the bodily injury or personal property specialists? I just get charged flat rate of $20.50 each way to and from work in a cab and only have the one receipt. Would that work for the insurance company?
Answer****FOLLOW UP TO YOUR RATING OF THE FIRST QUESTION*********
Hi Jeremy,
Not only was my answer timely and polite, it was also Knowledgeable and Helpful in explaining your legal rental question and showing you the legal steps to follow in case you had injuries.
I respectfully request that you send an e-mail to
experts@about.com and request that the 8 & 9 be changed to 10-10. You will need to list the date of your question and the time stamp and title assigned to your question, plus your name. I feel this is really only fair.
The answer to your second question is below.
Sincerely,
Bennie
Hi Jeremy,
Under the property damage portion, you are allowed to recover for Personal property in your car that was damaged.
Also under property damage you are entitled to the cost of getting to work, but you will need a receipt for each separate cab trip. If you used the same cab company or can recall the names of the cam companies, they can prepare receipts from their daily log books.
You would need a receipt from each friend that drove you to work showing the date(s) and amount paid.
If you have incurred no medical expenses, then there can be no payment made to you from the bodily injury portion of the other policy.
I trust this information is of help.
(ps. please rate my first answer. thanks.)
Sincerely,
Bennie
10-31-07 3:52 PM PST
