QuestionMy sister, who is listed on my car insurance, was driving at night on the interstate, was followed by a car. Panicked, she took a wrong exit, and the car continued to tail her. Scared she did not pay attention to the dead-end sign, she drove the car into the Bayou (New Orleans area), the other car sped away. Fortunately, she was able to get herself and her two dogs out as the car sunk to the bottom.
Unfortunately, in the dark, one dog was lost. A claims report has been completed to Geico, and an adjuster has been assigned to the case.
The vehicle involved was a 2005 Toyota Corolla w/ 35,000 miles.
My questions are:
1. What should I expect from my insurance regarding the car?
2. Property damage?
3. I was asked about retrieving the car from the water and have it repaired. I don't want this because I believe the vehicle is too damage. What should I do?
4. HOw should I proceed with this case?
Thank you for your expertise.
aily
Answer
Dear Aily Hoang,
Sorry to hear of the loss of her dog, and of course the loss of your car. But at least your sister is safe.
Your insurance has the duty to return you to the position you were before the accident, less your deductible, if the claim is under your comprehensive (acutally, if you tried to claim versus your sister's insurance for her negligence, you could possibly avoid paying your deductible).
How the insurance does that duty is up to them. They may tow the car and repair it. It will be up to you to make sure it is in as good a condition as before.
But you should expect that they will handle the claim fairly and in a timely manner. If not, go to my website and find the link to your state Insurance Commissioner and contact them with a complaint:
http://www.settlementcentral.com/links.php
If the costs of repair are too high, the insurance may want to "total" your car. That means they will have to pay you the actual cash value of your car just before the accident.
For tips on how to find out your actual cash value, and to get property damage claims to include the "extras" you may have had in the car, go to my website at this page and scroll down:
http://www.settlementcentral.com/page0007.htm
Hopefully you have rental car protection. You get an rental car until the insurance makes a good faith offer. Some companies extend that a couple of days to allow you to get alternate transportation.
I trust this information was of value to you and I would appreciate your taking the time to leave me feedback on the form from this site.
Best Wishes,
David Jackson, aka
Dr. Settlement, J.D.
www.SettlementCentral.Com
