Yet another threat to our trucks..Insurance adjusters

[Wellused]

They wanted it totaled.I wouldnt allow it.Ohio law says ALL losses are coverd.I let them know I would be glad to run south and find another southern truck on their dime including travel,and hoped that I could find a good 1 in first trip.But might take more.I also stipulated that if they did take possession for salavage sale,that I retained any $$ that was over and above what I was being paid(they really didnt like that part)

 

[towcat]

To start off the confusion,we were both insured by State Farm.Under Ohio insurance law,you are allowing the adjuster to negotiate terms for you if you dont send in a written claim.Under contract law,if you hit me and your insurance company doesnt pay,they have broken a contract that you have with them to indemnify you against loss.I took my truck to the body shop.The adjuster showed up and told them how he wanted my truck fixed.Problem is,its my truck and they were trying to scab it back together.The bed floor was stretched from the side inpact.They wanted to just do a bedside,re use a leafspring pack that the top leaf was stretched so bad that the bushing was boucing around in spring eye on main leaf(I swear they told me it would be ok).Towed it home and took it to Dodge dealership following week.Adj told them same thing.Replace 2 tires with new,leaving me with 2 different size tires out of 6(dually) cant rotate them,cant have 2 diff size tires in same axle,they heat up cause diff diameter.They even warned Dodge dealer NOT to write estimate untill adj arrived.I then called a private adjuster to document damage.$150.00. They even documented that Dodge says leaf spring packs were to be replaced in pairs($858/side) that shocks were the same(they wanted to put 1 on) and that bed was ruined.I totaled up the tow bills,proper repairs and price for private adj and a rental up to that time.Sent SF a bill and they refused with a letter.Thats were contract law comes in.Read "Bad Faith in insurance law" they were refusing to indemnify this person from the damage that he caused to my truck.I then promptly started the process to draw this individual into court for my loss.This put SF in a scenario that they could be sued for breach of contract by the fellow that hit me for refusing to cover my damages he caused.I then started repairs on my truck on my dime(which early on was ordering parts from manufacturer)Had a check in the mail within 48hrs that was issued in an amt the was proper and to MY terms.I also nailed them for 71days/$61 per day while my truck was laid up,got 6 new tires,2 new shocks,new t/off bed with correct factory installed paint and new leaf spring packs.

i gotta admit, you're well versed on your rights here.
now what do you do for a living?

 

[Leftyizme]

I had something much like that happen to me several years ago.

I had a 1967 Ford LTD fastback that a teenager rear ended at a 4 way stop sign. Totalled my car & dang near killed her. She was talking on the phone with her mother at the time of impact.

Her insurance offered me $500. I refused. Then they offered me $750. The car had just been picked up by me the week before having undergone an extensive restoration. The paint alone was $5200.. I had receipts for just over $16k that I had spent on the car in less than two weeks prior to the wreck.
They stonewalled me for about 3 weeks before I finally told them not to call me anymore. I told them I would just sue her directly, and then they could explain to her why she had paid for insurance, only to get sued for several thousand dollars because her insurance had not paid the claim.

I got a check in the mail about 4 days later for the full amount... no explanation included.

 

[opusd2]

Sometimes you just have to stick your ground, if not to recoup then as a matter of principle. But I'd rather recoup than be the fool. Its a matter of playing hardball. You can't back down, no matter what. Even if your tenacity has the other side calling you a *****. Believe me, shoe on the other foot, they'd be after you child's piggy bank.

 

[lotzagoodstuff]

To start off the confusion,we were both insured by State Farm.Under Ohio insurance law,you are allowing the adjuster to negotiate terms for you if you dont send in a written claim.Under contract law,if you hit me and your insurance company doesnt pay,they have broken a contract that you have with them to indemnify you against loss.I took my truck to the body shop.The adjuster showed up and told them how he wanted my truck fixed.Problem is,its my truck and they were trying to scab it back together.The bed floor was stretched from the side inpact.They wanted to just do a bedside,re use a leafspring pack that the top leaf was stretched so bad that the bushing was boucing around in spring eye on main leaf(I swear they told me it would be ok).Towed it home and took it to Dodge dealership following week.Adj told them same thing.Replace 2 tires with new,leaving me with 2 different size tires out of 6(dually) cant rotate them,cant have 2 diff size tires in same axle,they heat up cause diff diameter.They even warned Dodge dealer NOT to write estimate untill adj arrived.I then called a private adjuster to document damage.$150.00. They even documented that Dodge says leaf spring packs were to be replaced in pairs($858/side) that shocks were the same(they wanted to put 1 on) and that bed was ruined.I totaled up the tow bills,proper repairs and price for private adj and a rental up to that time.Sent SF a bill and they refused with a letter.Thats were contract law comes in.Read "Bad Faith in insurance law" they were refusing to indemnify this person from the damage that he caused to my truck.I then promptly started the process to draw this individual into court for my loss.This put SF in a scenario that they could be sued for breach of contract by the fellow that hit me for refusing to cover my damages he caused.I then started repairs on my truck on my dime(which early on was ordering parts from manufacturer)Had a check in the mail within 48hrs that was issued in an amt the was proper and to MY terms.I also nailed them for 71days/$61 per day while my truck was laid up,got 6 new tires,2 new shocks,new t/off bed with correct factory installed paint and new leaf spring packs.

Good solid research, planning and execution in making the best out of a bad situation. If I were you I would include the details/outcome of this ordeal on your resume as it's an impressive display of dealing with many different disciplines and problems solving.

As a reward: take this Thursday off and watch football all day

 

[firehawk]

To start off the confusion,we were both insured by State Farm.Under Ohio insurance law,you are allowing the adjuster to negotiate terms for you if you dont send in a written claim.Under contract law,if you hit me and your insurance company doesnt pay,they have broken a contract that you have with them to indemnify you against loss.I took my truck to the body shop.The adjuster showed up and told them how he wanted my truck fixed.Problem is,its my truck and they were trying to scab it back together.The bed floor was stretched from the side inpact.They wanted to just do a bedside,re use a leafspring pack that the top leaf was stretched so bad that the bushing was boucing around in spring eye on main leaf(I swear they told me it would be ok).Towed it home and took it to Dodge dealership following week.Adj told them same thing.Replace 2 tires with new,leaving me with 2 different size tires out of 6(dually) cant rotate them,cant have 2 diff size tires in same axle,they heat up cause diff diameter.They even warned Dodge dealer NOT to write estimate untill adj arrived.I then called a private adjuster to document damage.$150.00. They even documented that Dodge says leaf spring packs were to be replaced in pairs($858/side) that shocks were the same(they wanted to put 1 on) and that bed was ruined.I totaled up the tow bills,proper repairs and price for private adj and a rental up to that time.Sent SF a bill and they refused with a letter.Thats were contract law comes in.Read "Bad Faith in insurance law" they were refusing to indemnify this person from the damage that he caused to my truck.I then promptly started the process to draw this individual into court for my loss.This put SF in a scenario that they could be sued for breach of contract by the fellow that hit me for refusing to cover my damages he caused.I then started repairs on my truck on my dime(which early on was ordering parts from manufacturer)Had a check in the mail within 48hrs that was issued in an amt the was proper and to MY terms.I also nailed them for 71days/$61 per day while my truck was laid up,got 6 new tires,2 new shocks,new t/off bed with correct factory installed paint and new leaf spring packs.

Well done. Knowing your rights puts you at a huge advantage. They know its not worth the fight when so many others just roll over.

 

[Leftyizme]

My family owned and operated a body shop for 22yrs. I thought I'd share a few things I have learned over the years.


Common misconceptions about your rights as the damaged party...

1: You have to get 3 written estimates...
Wrong- You have the right to have the shop of your choice do the repair work. This also means that you only need to provide an estimate from that shop. The only reason they ask for three estimates is so they can pay the lowest one. They do however have the right to send an estimator to the shop where the vehicle is located to get their own estimate... but this does not mean you have to agree with their estimate.

2: They have to fix your vehicle to brand new condition
Wrong- The laws state that they only have to put it back into a comparable condition it was in prior to the accident. This means that if the vehicle has existing dents/dings, bad paint, or other damage prior to the accident... they can by law make you pay the amount that the additional damage adds to the repair bill. This is also why they can use used junkyard parts in place of brand new parts on a vehicle.

3: They can insist on using aftermarket parts to repair your vehicle.
Wrong- In State Farm vs. State of Illinois (2006) A Federal Appeals Court upheld the 1999 ruling that State Farm had mis-led insured claimants by insisting on aftermarket body parts manufactured in China be used in repairs. Also, the court found that State Farm was guilty of Consumer fraud for telling insured claimants that the aftermarket parts were equal in quality and crash safety to the original OEM parts... when their own crash tests had proven otherwise. State Farm was ordered to pay a $1.06B class action settlement, and afterwards discontinued allowing aftermarket parts be used in repairs.

4: The wreck was the other persons fault, I can't be made to pay part of the repairs.
Not necessarily: It depends on the circumstances. If you were partly at fault (the majority of accidents are a combination of both drivers making some kind of error), the other persons insurance can pay only the percentage of fault associated with their insured... for example: You are rear ended by another driver while making a turn, but either your turn signals were not on, or the bulbs were out. The other driver is at fault because they failed to allow a safe distance to stop.. but you also could be partly at fault as well. Another Ex: You are driving on a suspended drivers license or were drunk. Even if the accident was not your fault, courts are very reluctant to rule in favor of a driver that legally was not supposed to be driving in the first place. In such a case, you'd best have a helluva lawyer if you hope to win.

5: The driver that hit me didn't have a license or insurance.. and I only had liability coverage. I'm screwed.
Yes and No: Yes, you are likely going to have to pay to get your vehicle fixed out of your own pocket. No, you are not totally without options. Most states have small claim courts or civil courts where for a small fee you can file a lawsuit against the other person. If you win, you can have their property or vehicles seized to be sold to repay your loss, and you can also get court orders to seize any other asset they have to cover the loss such as checking or savings accounts, personal property including furniture or electronics, jewelry you can show they own, or even have their wages garnished if you can locate where they are employed. The downside is, all this detective work must be performed by you, or a detective you pay for. And the process can cost more than the amount owed to you, making it not worth the effort.