QuestionThanks for the prompt answer. I have a couple of more questions...
1)I do want to learn about making a personal injury claim. I wasn't clear enough in my original question. Can you explain how it goes? I may have to go for outpatient surgery on my elbow if it continues to hurt.
2)I called the autobody shop and got the following information. I was incorrect in my statement that the third party insurer was going to use non OEM parts. In fact, they were going to take the undamaged front section from a Jeep that was totaled in the rear and use it on my vehicle. Not knowing the wear and tear, mileage or condition of this front clip, I declined and decided to go with my insurance to fix. After talking with the autobody shop, they think that this option might be the best as it could keep cost down, everything (nuts and bolts) will be there and it doesn't affect their own workmanship warranty. Is it too late to go with the third party insurance or can I demand that my insurance follow the same resolution to prevent totaling the car?
3) Does the pay portion of your site have example letters on how to get my rental extended? I looked at the state site and am planning on contacting the consumer advocacy department tomorrow.
4)Is all this something I should engage a lawyer with or can I do it alone?
Thanks for your prompt reply.
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The text above is a follow-up to ...
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Hi, I was in a three car accident in Oregon where the other driver was cited for making a unsafe left turn across my path. I teed him. Although I was appeared fine after the accident, I developed back pain and what appears to be traumatic bursitis with complications. I've sought medical help for both issues under a PIP from my insurance company. In addition, my beloved 2002 Jeep was wrecked for an initial estimate of 7500 and was sent for repair. I just found out from the autobody shop that they uncovered additional damage bring the repair price to over 10000. The shop said that they can only uncover about 1000-1200 more damages before the my insurance company will total the car. The problem is that my insurance is only covering my rental through this Sunday and my car may not be ready for weeks or may be totaled. Can I extend my rental and charge it back to the other insurance company? Do I pay out of pocket and then recover the expense in a settlement? Also, how do I initiate this whole process? I've had little contact with the other insurance company -2 days after the accident for a statement and then a brief conversation with their adjuster who's estimate and offer for repair I turned down in favour of my own insurance company (used parts vs. dealer OEM parts).
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Dear Paul,
You have four aspects to your accident claim, but you have only asked about the first three at this time, so that is where I will direct my attention.
1. How do you get a rental for longer than this weekend?
2. Do you WANT your Jeep to be totaled?
3. If the Jeep is repaired, is there a diminished value claim versus the third party?
4. How do you handle your personal injury claim?
As stated, we will ignore #4 since you did not ask about it. That is not uncommon: most people do not realize that they are giving great attention to property damage issues worth a couple of thousand dollars at most, whilst letting their personal injury claims go with no guidance and hence losing many more thousands of dollars. Just human nature, I guess.
As to your issues #1 through #3, let’s figure out what is going to happen this weekend. In the first place, you are ENTITLED TO A RENTAL vehicle for so long as the shop takes to repair your jeep, absent some unforeseeable delay.
In this case, send the adjuster a written letter, with a copy to the tortfeasor’s adjuster (called the third party). Explain that the repair estimate was in error and thus additional time is required, and hence you will require a rental for the additional time needed to repair the vehicle. The adjuster’s estimate of rental time was in error because it was based upon an estimate that was in error. Through no fault of yours or the auto body shop, the repairs are just going to take longer than he thought, and YOU ARE ENTITLED TO TRANSPORTATION for that ENTIRE time.
I would also call your state insurance adjuster http://www.settlementcentral.com/links.php and get some ammunition in case the adjuster were to refuse to extend the rental. In the worst case scenario, you would have to fund the rental extension and then bill that charge to the third party tortfeasor. But I would holler loudly before I let them put me into such a box. Use the threat of a complaint to the insurance commissioner as a loaded weapon to get the proper rental benefit that you paid for with your own insurance. Geeze . . . . sometimes they make me so mad I almost want to jump in and battle them myself.
The topic of #2 is designed to make you decide whether to allow the vehicle be totaled, or if you want to keep it by employing used and/or non-OEM parts in order to keep the repair cost below the threshold for being totaled.
You can stipulate to repair your vehicle with used and/or non-OEM parts if it is more advantageous to retain your vehicle than to take the cash from totaling it. Some people prefer that to trying to find reliable transportation with the buy-out residual from their totaled vehicle. For example, if one had put good repairs into his vehicle in the past year or two and thus he trusted his own vehicle to be reliable, he might forego trying to hunt in the market place for something akin to what he might lose if it is totaled.
#3 is applicable only if the Jeep is repaired. There is no diminished value claim if the vehicle is totaled. Plus, for 45 states, first party (i.e. your own insurance) claims for diminished value do not exist. However, third party claims do exist, and one in your position might well be able to prove such a claim.
Here are a couple of free pages from my website to give you a sense of how to proceed with a diminished value claim.
Diminished Value—Make an Insurance Claim for a Cash Insurance Settlement: http://www.settlementcentral.com/page0455.htm
FAQ: Diminished Value Insurance Claims Explained http://www.settlementcentral.com/page0454.htm
If you want some pages to read up on how to pursue your personal injury insurance claim, just ask me and I can shoot over a series of pages to read so you will be prepared to handle that important aspect of your claim.
I trust the foregoing has been of benefit to you. And thus I respectfully request that you take a moment to find the FEEDBACK FORM on this website and leave me some feedback.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com
AnswerHi again, Paul
I guess that one would have to forego any part of a diminished value claim that is based upon that particular part. I have no idea if you even have a DV claim, or how much it would be anyway. An expert can tell you that.
As for using the used front end on the Jeep, no problems here. Get your company to go with the change. It will save them a few bucks and that should sell the deal.
If they refuse, tell them that they cannot then use the high cost of repairs to total your beloved Jeep. Thus you have the hammer.
They should not refuse the extended rental. No, we do not have such a letter to extend the rental inasmuch as we are mostly about personal injury claims. Hey, if you were to join, though, we would make one for you!
BTW, that is how we do build the site inasmuch as whenever we do not have information or a form that a person needs, we build it at no charge whatsoever and make it anonymous and post it for other members. Does that make sense?
Anyway, I don't see how your own company or the third party company can deny you the rental for the time it takes to repair the Jeep.
As for doing this yourself or using an attorney, I cannot say, since I don't know how extensive your injuries are. I will give you some pages to read to see how the process is handled. No hurry in deciding: just get familiar with the process.
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Learn how to submit and settle your own personal injury insurance claims—DO IT YOURSELF SETTLEMENTS. Here is a series of pages that you can review. Take what makes sense to you and don't worry about the rest. Just get a flavor of how the system works without spending a ton of time right now.
Overview Tort Law Personal Injury Legal Claims http://www.settlementcentral.com/page3000.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
Medical Care Documentation-the Key to Successful Personal Injury Insurance Claim Settlements http://www.settlementcentral.com/page0217.htm
Keys to a MAXIMUM INSURANCE INJURY CLAIM SETTLEMENT http://www.settlementcentral.com/page0089.htm
Outline of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0190.htm
Detailed listing of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0207.htm
By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
Responding to Settlement Offer From Insurance Claims Adjuster http://www.settlementcentral.com/page0244.htm
Do It Yourself Advantages, or do these claims need an attorney? As for an ATTORNEY, this does not seem to be a case that involves any legal issues in dispute nor any large or complex damages. Why should you pay someone one-third to do what you can do yourself? Do-It-Yourself Personal Injury Claims; Eliminate Personal Injury Attorneys' Fees; Save Thousands of Dollars Settling Your Own Insurance Claim http://www.settlementcentral.com/page3011.htm
Without having to join my website, I have given a lot of free information on handling insurance claims without having to join as a member. Read the module at "5 Easy Steps to Do-it-Yourself Insurance Claim Settlement" http://www.settlementcentral.com/page0102.htm
This stuff is not rocket science, but it will take some effort on your part to read and cut and paste letter examples and to communicate. But hundreds of people are doing it each day, and they are getting good results.
What if you get only two-thirds the way to your settlement goal? Well, you can get as big a settlement as you can and then turn it over to an attorney and save a lot of fees. Thus, you could go it alone just to get an insurance settlement offer, and then take that insurance settlement offer to a personal injury attorney, thus exempting the amount of the offer from her fees. Do It Yourself Personal Injury Settlement Offer Reduces Personal Injury Attorney Fees http://www.settlementcentral.com/page0109.htm
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FINAL TOPIC: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
