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When my Grandfather parked truck was hit he simply had it fixed and sent the bill to the insurance company and they started playing games.
He went after them in court and got every penny.
I believe sometimes they play games because they think they can get away with it...
My brother had something similar...
His pregnant wife was injured and car totaled... insurance company would not even speak to him and the lawyers wanted up to 40%...
He filed his own case in court and settled for 85k... he is not a lawyer and never sued anyone... he sure did learn about law and studied it every night and represented himself... after the first day in court... the Insurance company said what would it take to settle.. he said the amount of the suit... 15 minutes later they said OK...
After, the Insurance Company Lawyer said my brother really stirred things up... the Insurance Company had to pay for a lawyer... my brother used his vacation time...
Last edited by Ultrarunner; 10-04-2015 at 01:19 PM..
The courts always side with the person vs the insurance company. I mean, if some random person is taking things to court against the big bad insurance company...it's hard for the company to look good if the person has a sound argument.
Insurance companies play hardball. They won't do what they are suppose to do at times unless they are forced to do it ala court.
Again, I suggest this as the last resort. Theres a 3 year statue of limitation in CA.
The courts always side with the person vs the insurance company. I mean, if some random person is taking things to court against the big bad insurance company...it's hard for the company to look good if the person has a sound argument.
Insurance companies play hardball. They won't do what they are suppose to do at times unless they are forced to do it ala court.
Again, I suggest this as the last resort. Theres a 3 year statue of limitation in CA.
Well I sent out the letter last week as per your advice and some others that counseled me on this matter so the wheels are pretty much in motion now. I guess I should start reading up on small claims filing and procedures now.
Oh, some insurance companies can be a paid, especially the cut rate cheap a** ones. My son got hit by someone that had a cheap ins co, and their claims "examiner", I use that loosely because it was the agent at one of their branches, wrote up an estimate of about $1,300. My body shop already gave me an estimate of about $3,000! I think they just wanted to cut me a check and be done with it on the cheap, thinking I would jump on it, not fix the car, and save them some money. Ended up going through my insurance and it ran close to $4K total.
I've had 5 claims with my insurance company (state farm) being involved, and have never had a bad experience at all. They more than adequately compensated me for my loss every time. I do pay a bit more than the cheap rates, but IMO it is well worth it.
I was rear ended the driver admitted fault. I got an estimate but the insurance company is unwilling to pay the amount of the primary estimate how will having a body shop tear down the damage and give them a higher quote make them pay?
OP, it's still not too late. Hopefully.
Get a lawyer that will take care of your injuries. You were rear ended and not at your fault. They do not charge a penny, they work off 30-32% of what they get.
You do what they tell you to do and you will receive a hefty check that li8kely will be more than your entire car worth before accident. Takes about 6 months.
I am not sure if it is not too late though. As you should have gone through treatments and such. PIP claim had to be opened.
The other party insurance knows very well you are on your own and they can pretty much ignore you. We had a lawyer back in TN, Fish, who actually stabbed the insurance company on repairs and thereafter they moved like as if walking barefoot on hot coals. Fast. His words were "They don't want to respond to you - they will to me". JUst them knowing lawyer is involved rushed everything. But that one was rather too kind, they normally do not get involved in repairs.
So I just got a call from the claim rep they received my letter and have apparently decided to go full circle and not issue me a check for the amount I demanded from my letter and quotes (about $1700) instead they are planning on sending me a check for $240 which I had originally denied. Again told them it's ridiculous the rep wants me to take it to a shop and if they find additional damage they can issue a supplemental check, at this point this company sounds so sleazy I really just want to take them to court but obviously there are costs associated and time as well. Has anyone gone this route of taking the car to shop and getting supplemental checks or are they just blowing more smoke. On a side note the rep told me they interviewed the party that hit me and they said they noticed prior damage to the car! lol..... I asked her how in the hell did they spot prior damage when they did not even see my car in a timely enough fashion to not run into the back of it.
I took the car to a body shop the day after the accident. They sent their adjuster not so long after. My quote was 1400 theirs was 240. I talked to a supervisor today they are claiming my car had over a thousand in prior damage. The option to bring it to a body shop was just now introduced today and based on the story I have the body shop they don't recommend me bringing it in.
I doubt they have a recommended body shop I have asked many times out of my own curiosity as to where a body shop exists that will touch a car for under 500 dollars. They tell me to use any shop.
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