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*His* insurance refuses to reimburse my rental.

Discussion in 'Gen 2 Prius Main Forum' started by Godiva, Apr 19, 2007.

  1. NoMoShocks

    NoMoShocks Electrical Engineer

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    <div class='quotetop'>QUOTE(Godiva @ Apr 20 2007, 05:03 PM) [snapback]427055[/snapback]</div>
    Well there you go. I never saw you mention those herniated dics. Not even once here on Priuschat before the accident. That is our point exactly.
     
  2. Godiva

    Godiva AmeriKan Citizen

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    <div class='quotetop'>QUOTE(NoMoShocks @ Apr 22 2007, 09:35 PM) [snapback]428097[/snapback]</div>
    Yes. I have. In a thread about Galaxee's hubby's back pain.

    I've been to the doctor who diagnosed them (finally) and have been going to the Chiropractor for two years for treatment of them. I had an MRI that identified them two years ago.

    Sorry.

    And no, no whiplash either.

    Not even a broken nail.

    And I'm surprised at those here suggesting that I commit fraud and perjury.
     
  3. Frank Hudon

    Frank Hudon Senior Member

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    <div class='quotetop'>QUOTE(Godiva @ Apr 22 2007, 09:06 PM) [snapback]428147[/snapback]</div>
    no kidding! your doing the right thing the right way. Just keep at it tilll you win. For the insurnace company to suggest that you drive a car with headlights that are broken and a hood that may pop open at any time your driving along a street or hiway is just plain stupid and setting you up for a more serious accident, one where you could loose your life. Mind you they'd probably like that at this point. Let us know how you make out.
     
  4. chuck_k

    chuck_k New Member

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    Nobody is suggesting that.

    However, you you don't know for a fact you have no internal damage. You need to make ABSOLUTELY SURE that there's nothing else happening. That should very much be a concern of yours. And you should be sure to express that concern, as directly and forcefully as possible, to the insurance adjuster.
     
  5. daniel

    daniel Cat Lovers Against the Bomb

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    <div class='quotetop'>QUOTE(Godiva @ Apr 22 2007, 09:06 PM) [snapback]428147[/snapback]</div>
    Surprised? I'm not.

    But I am glad you were not hurt, and I agree that fraud and perjury would be an unwise route to take.
     
  6. JimboK

    JimboK One owner, low mileage

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    <div class='quotetop'>QUOTE(chuck_k @ Apr 23 2007, 08:45 AM) [snapback]428242[/snapback]</div>
    Some are hinting at it enough to interpret it that way.
     
  7. theblueone

    theblueone New Member

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    Do you have underinsured motorist coverage on your policy? Would that cover the other guy's insufficient insurance?
     
  8. Godiva

    Godiva AmeriKan Citizen

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    <div class='quotetop'>QUOTE(theblueone @ Apr 24 2007, 09:48 PM) [snapback]429491[/snapback]</div>
    Yes, I have uninsured. But he's insured. And they're paying repairs. They are simply disputing the total for the rental.

    They are only paying for 5 days. They say they don't pay for the time it takes parts to arrive. I'm telling them once the car is dropped off and opened up, they're not putting it back together so I can drive it damaged until the parts come. They're telling me it's common practice to do just that. I think they're nuts. And I think the judge is going to think they're nuts too.

    Besides, parts had to be ordered twice. Once they started work they found they needed more parts (headlights), so there was a second order for parts. Neither of the guys that initally looked at the car (my insurance or his insurance) to do the estimate would open the hood to inspect inside because it was crunched in and there was every possibility once open it couldn't be closed and if closed wouldn't stay closed due to damaged latch. As far as I'm concerned, once the hood was opened by the repair place, it was inoperable. That makes it three weeks and five days or...26 days. I'm not taking 5 or even 10 days reimbursement. They can pay it all. And court costs too.
     
  9. KTPhil

    KTPhil Active Member

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    The limits of the other driver's insurance policy DO NOT limit his liability. If the company does not pay, you sue him personally (usually in small claims court). He buys insurance to help him pay his liabilities, not to limit them. I have found most people do not understand this.
     
  10. Godiva

    Godiva AmeriKan Citizen

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    <div class='quotetop'>QUOTE(KTPhil @ Apr 25 2007, 02:04 PM) [snapback]430005[/snapback]</div>
    That is my understanding. And that is why I am taking *him* to small claims court.

    <div class='quotetop'>QUOTE(KTPhil @ Apr 25 2007, 02:04 PM) [snapback]430005[/snapback]</div>
    That is my understanding. And that is why I am taking *him* to small claims court.
     
  11. Godiva

    Godiva AmeriKan Citizen

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    <div class='quotetop'>QUOTE(KTPhil @ Apr 25 2007, 02:04 PM) [snapback]430005[/snapback]</div>
    That is my understanding. And that is why I am taking *him* to small claims court.
     
  12. ekpolk

    ekpolk What could possibly...

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    Whether or not you can join the insurance company under this set of facts varies by state. In FL, you can't do it until after you've obtained a judgment against the insured. Strange procedure, but that's how it works here. And of course, you're essentially prohibited from saying the "I word" in front of the jury -- making it appear as if poor Mr. Insured is going it alone. Smart jurors, I think, usually figure out that "Joe Sixpack" isn't paying the freight for the guy in the expensive suit... Smart lawyers make sure that, without ever saying the work, everyone knows who's lurking in the background.

    They're just hoping you won't have the gumption to do it. They know that for "small" value cases, it's not worth it to hire a lawyer. Do your homework, and make the ba$tards pay... Good luck with it!
     
  13. ekpolk

    ekpolk What could possibly...

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    <div class='quotetop'>QUOTE(KTPhil @ Apr 25 2007, 02:04 PM) [snapback]430005[/snapback]</div>
    Very true. We have a whole body of "bad faith" law here that has evolved around the insurance industry's attempts to pretend that their policies are limiting factors. We have zillions of drivers tooling about with $10k liability policies (an absurdity, of course). With ridiculous frequency, we see the insurers, even "reputable" ones, offering 8k to settle a 100k case when their insured has a 10 policy, and we've given them a full month to tender their limits for a full release. It's like they're trying to explode their policy limits. Then they accuse us of "setting them up" for a bad faith claim...

    Get the full judgment, including all the stuff you can tack on under CA law (standard costs, I presume, perhaps some others, again, that homework is critical). Begin execution procedures if they don't pay immediately (or in the time allowed under your law).