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Insurance Claims
#7974739
09/15/20 04:31 PM
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Joined: Sep 2004
Posts: 2,151
jrfan
OP
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OP
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SO, my wife was hit at an intersection last Wednesday. Girl ran a stop sign. AAA claimed responsibility Friday and declared the car a total loss. I tried to get a hold of my claims manager, we'll call him Butthead, all day yesterday with no success. He finally calls me this morning after I leave a message with his boss. In the meantime, the wholesaler is calling me to pick up the car as well as the body shop to get the car out of there. Butthead is telling me that I need to release the car even though I haven't settled the claim or even discussed a settlement with anyone. I told him I would not release the car until I have a least talked to someone about my settlement. He and I get into a pretty heated argument and he tells me that AAA is not paying storage past today. I told him he better have someone call me today then. As I am typing this, my wife texts me that Enterprise is calling her to say that the rental needs to be turned in today.
I have been through this before and it has never been so hard to get any communication. Am I out of line for not releasing the car without even speaking to someone??
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Re: Insurance Claims
[Re: jrfan]
#7974750
09/15/20 04:37 PM
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Joined: Oct 2004
Posts: 39,572
redchevy
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I dont know.
I was t-boned a few years ago insurance said the other drivers fault never was talk about storage or anything. I dont recall "realeasing" the car and we did hold the title to it out right. I was dealing with USAA on the other drivers end.
It's hell eatin em live
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Re: Insurance Claims
[Re: jrfan]
#7974753
09/15/20 04:38 PM
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Joined: Jul 2006
Posts: 110,800
dogcatcher
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Call your agent, time to get him involved, if he is to chickenstuff, I feel sorry for you.
Combat Infantryman, the ultimate hunter where the prey shoots back. _____________"Illegitimus non carborundum est"_______________
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Re: Insurance Claims
[Re: dogcatcher]
#7974765
09/15/20 04:44 PM
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Joined: Sep 2004
Posts: 2,151
jrfan
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OP
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Call your agent, time to get him involved, if he is to chickenstuff, I feel sorry for you. He's not, I did speak with him this morning. He is a childhood friend of my dad's and I trust him. He said to give it a day and see what happens. After the fit I threw this morning, I am hopeful they want to get rid of me.
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Re: Insurance Claims
[Re: jrfan]
#7974779
09/15/20 04:51 PM
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Joined: Apr 2011
Posts: 29,042
Western
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Things may be different now, but we had a car totaled in a bad storm, never heard any of the terms you are using and never heard from storage or anything as far as a release. All was handled by farm b and I was given a check.
I'd follow your agents advice.
If at first you dont succeed, then skydiving is not for you..
"Don't trust everything you read on the Internet"- Abraham Lincoln Dennis
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Re: Insurance Claims
[Re: jrfan]
#7974801
09/15/20 05:08 PM
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Joined: Nov 2009
Posts: 91,416
bill oxner
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Listen to your agent. Also tell them that she has a crick in her neck and don't sign a release until you have the money in your hand.
Quail hunting is like walking into, and out of a beautiful painting all day long. Gene Hill
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Re: Insurance Claims
[Re: jrfan]
#7974881
09/15/20 05:53 PM
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Joined: Sep 2008
Posts: 6,695
Cochise
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Yep - I'd get my agent involved. Wouldn't hurt to lawyer up if AAA keeps playing games.
My MIL was hit by a commercial vehicle. Commercial driver at fault - should have been open and shut easy deal. 7 months later they finally hired a lawyer and it was resolved within 3 weeks after that.
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Re: Insurance Claims
[Re: jrfan]
#7974892
09/15/20 05:57 PM
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Joined: Jul 2019
Posts: 14,271
Hudbone
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It's not their car until you have signed the title over. They'll end up paying for everything later anyway.
More flies obtained with honey than with vinegar.
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Re: Insurance Claims
[Re: jrfan]
#7974894
09/15/20 05:58 PM
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Joined: Jan 2012
Posts: 29,167
TXHOGSLAYER
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LETS GO BRANDON
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Re: Insurance Claims
[Re: jrfan]
#7974904
09/15/20 06:03 PM
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Joined: Sep 2004
Posts: 2,151
jrfan
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OP
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I thought this would be open and shut too. The wreck happened late Wednesday evening. The car was picked up by AAA by noon on Thursday and totaled by early Friday evening, then all communication pretty much stopped. I am not trying to be difficult, I just don't want to turn the car over until I at least have some confidence that we can settle the claim within reason and fairly quickly. I just sent my cousin (the lawyer) a text to see what he can do to help. I was trying to keep my insurance out of it, but I may not have a choice.
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Re: Insurance Claims
[Re: Hudbone]
#7974908
09/15/20 06:05 PM
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Joined: Sep 2004
Posts: 2,151
jrfan
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OP
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It's not their car until you have signed the title over. They'll end up paying for everything later anyway.
More flies obtained with honey than with vinegar. Are you saying I should let them have the car now?? I just don't want to let go of my leverage.
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Re: Insurance Claims
[Re: jrfan]
#7974910
09/15/20 06:07 PM
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Joined: Nov 2009
Posts: 91,416
bill oxner
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Rent her a car and tell them that the clock is ticking.
Quail hunting is like walking into, and out of a beautiful painting all day long. Gene Hill
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Re: Insurance Claims
[Re: bill oxner]
#7974986
09/15/20 06:35 PM
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Joined: Sep 2004
Posts: 2,151
jrfan
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OP
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Posts: 2,151 |
Rent her a car and tell them that the clock is ticking. Shes in a rental, that was another headache. They made her an appointment Thursday afternoon. She gets dropped off up there and they don't have the car that she's approved for. Call Butthead and he approves a car that they had in stock. Turns out he didn't and then he ghosted me. Finally was able to call an 800 number and get this lady to send Butthead a message and get him to approve the proper vehicle. By then, the one they had in stock was gone. She had to wait until someone turned another one in.
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Re: Insurance Claims
[Re: jrfan]
#7974994
09/15/20 06:38 PM
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Joined: Jul 2015
Posts: 3,094
Always ready 2 hunt
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You are not losing any leverage by simply releasing car to be moved to a salvage yard. this is normal in the industry and done to avoid storage charges at the bodyshop. The car is on hold at salvage yard and nothing can be done with it until your claim is settled, titled turned over to insurance company at agreed settlement, then titled is sent off to be changed to a salvage title at which time it is sent to the salvage yard who then auctions off the vehicle and sends payment to the insurance company less any storage charges paid to the bodyshop, wrecker/tow charges, title transfer fees and salvage yards % commission.
The other party's insurance has accepted your claim and apparently at 100% fault. Do your homework for fair actual cash value of vehicle at time a second before the accident. Other party's insurance should allow you rental car through the time they make you a settlement offer and usually for a couple days after that but do not owe you rental time all the way until you agree to settle if you decide to dispute and drag out settlement.
Also when you sign a release only make sure it is for property damage only. Any bodily injury claim is a separate claim and no consideration in your scenario has been paid in settlement of the injury claim. You can settled the property claim separately. It happens every day
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Re: Insurance Claims
[Re: Always ready 2 hunt]
#7975047
09/15/20 07:07 PM
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Joined: Sep 2004
Posts: 2,151
jrfan
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OP
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You are not losing any leverage by simply releasing car to be moved to a salvage yard. this is normal in the industry and done to avoid storage charges at the bodyshop. The car is on hold at salvage yard and nothing can be done with it until your claim is settled, titled turned over to insurance company at agreed settlement, then titled is sent off to be changed to a salvage title at which time it is sent to the salvage yard who then auctions off the vehicle and sends payment to the insurance company less any storage charges paid to the bodyshop, wrecker/tow charges, title transfer fees and salvage yards % commission.
The other party's insurance has accepted your claim and apparently at 100% fault. Do your homework for fair actual cash value of vehicle at time a second before the accident. Other party's insurance should allow you rental car through the time they make you a settlement offer and usually for a couple days after that but do not owe you rental time all the way until you agree to settle if you decide to dispute and drag out settlement.
Also when you sign a release only make sure it is for property damage only. Any bodily injury claim is a separate claim and no consideration in your scenario has been paid in settlement of the injury claim. You can settled the property claim separately. It happens every day Thanks for the explanation. This is what I was looking for.
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Re: Insurance Claims
[Re: jrfan]
#7975048
09/15/20 07:07 PM
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Joined: Jun 2008
Posts: 766
jcarring99
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See above. AAA is usually very good easy to deal with. I’m not sure what you’re trying to gain by not releasing. It’s not going to change what they give. There’s really not a lot of negotiation. Release the car and live on to the most important part. The value they assign to your wrecked car. Research retail values for it so that you can speak intelligently about it. If you don’t release it they will get their money one way or the other for storage fees. That’s a battle that’s better left alone
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Re: Insurance Claims
[Re: jcarring99]
#7975064
09/15/20 07:20 PM
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Joined: Sep 2004
Posts: 2,151
jrfan
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OP
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See above. AAA is usually very good easy to deal with. I’m not sure what you’re trying to gain by not releasing. It’s not going to change what they give. There’s really not a lot of negotiation. Release the car and live on to the most important part. The value they assign to your wrecked car. Research retail values for it so that you can speak intelligently about it. If you don’t release it they will get their money one way or the other for storage fees. That’s a battle that’s better left alone I have no problem releasing it, and I am not trying to gain anything by not doing so. I just didn't want to shoot myself in the foot. The problem I had was releasing it without speaking to anyone regarding the claim/settlement. I just didn't want to release the car without knowing where we were headed. My thoughts were that if I sold the car to Billy Bob on CL, I wouldn't hand over the keys without a check or at least something in writing based on an agreement.
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Re: Insurance Claims
[Re: jrfan]
#7975069
09/15/20 07:22 PM
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Joined: Aug 2009
Posts: 22,716
BigPig
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Posts: 22,716 |
ALWAYS ALWAYS ALWAYS get your insurance involved. They look out for your best interest, the other parties insurance will give you the run around to save money.
Texas in an At-Fault state, meaning the driver at faults insurance pays for all damages and injuries. This doesn’t mean that you can’t or shouldn’t get your insurance involved. It means you should notify your insurance provider, let them help you get out of and into a rental or new vehicle in a timely manner, and they will turn around and deal with recovering their money from the other parties provider.
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Re: Insurance Claims
[Re: jrfan]
#7975089
09/15/20 07:41 PM
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Joined: Jul 2019
Posts: 14,271
Hudbone
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What leverage do you lose when someone moves a totaled car you own and have the title to?
A lawyer will only slow down the process - definitely not in your best interests. Take a pill and slow down.
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Re: Insurance Claims
[Re: jrfan]
#7975090
09/15/20 07:42 PM
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Joined: Jul 2019
Posts: 14,271
Hudbone
THF Celebrity
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Joined: Jul 2019
Posts: 14,271 |
BigPig is not right here. PM me if you have questions and I'll give you my cell number. I'll walk you away from the cliff.
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Re: Insurance Claims
[Re: bill oxner]
#7975093
09/15/20 07:46 PM
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Joined: Jan 2007
Posts: 15,530
reeltexan
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Listen to your agent. Also tell them that she has a crick in her neck and don't sign a release until you have the money in your hand. If you mention possible injury, they turn a whole different color.
"If we ever forget that we are One Nation Under God, then we will be a nation gone under." Ronald Reagan
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Re: Insurance Claims
[Re: jrfan]
#7975099
09/15/20 07:49 PM
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Joined: Jul 2019
Posts: 14,271
Hudbone
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Joined: Jul 2019
Posts: 14,271 |
Lies do not help anyone. Bad suggestion.
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Re: Insurance Claims
[Re: Hudbone]
#7975208
09/15/20 08:51 PM
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Joined: Nov 2009
Posts: 91,416
bill oxner
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Posts: 91,416 |
Lies do not help anyone. Bad suggestion. Truth is on his side.
Quail hunting is like walking into, and out of a beautiful painting all day long. Gene Hill
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Re: Insurance Claims
[Re: Hudbone]
#7975315
09/15/20 09:50 PM
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Joined: Aug 2009
Posts: 22,716
BigPig
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Posts: 22,716 |
BigPig is not right here. PM me if you have questions and I'll give you my cell number. I'll walk you away from the cliff. Please explain. I deal with wrecks almost everyday, just going off what I’ve learned, if it’s wrong please correct me
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Re: Insurance Claims
[Re: jrfan]
#7975347
09/15/20 10:09 PM
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Joined: Jul 2019
Posts: 14,271
Hudbone
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Joined: Jul 2019
Posts: 14,271 |
What is his company going to do? Charge him his deductible (I know he'll end up getting it back) and cause a whole lot of extra time and delay with their subrogation process? How would that help? Since the other company has already accepted liability, there really isn't much his own company can do for him. Tell me one thing they can do at this point and I will listen. The other company isn't going to change their adjusting procedures.
The agent can go above and beyond, but he doesn't really have a leg to stand on. He is not an involved party. The other insurance company does not have to deal with him.
The OP needs to draw a breath, see what the other company is going to offer and quit causing issues and problems before they manifest themselves. Figuring out what his now totaled vehicle is worth might be a good starting point. Believe me when I tell you the adjusters will have done a thorough search when determining the value of it. If he feels his vehicle was more valuable than what they offer, he will have to justify it. My Uncle cuzin Johnny would have given me more than that won't work.
Dealing openly, courteously and kindly will also help to get him a long way. Insurance adjusters DO NOT give better payouts to asslohes. Why would they?
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