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Car insurance arbitration


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11 replies to this topic

#1 of 12 OFFLINE   Karl_Luph

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Posted February 24 2005 - 10:13 AM

Just thought I'd see if anyone has dealt with this following an auto accident. To make this short, my car got totalled out in Jan. '04 due to a drunk driver, (his 2nd dwi).He was found legally drunk, went to trial, plead guilty,was convicted of his 2nd dwi, and he never_ gave his insurance company a statement. My insurance company in trying to collect, went to arbitration and lost, (WTF!!!!) reason due because the other guy never gave his statement to his insurance company. Incidentally, my insurance company did reimburse me within a week of the accident,the blue book value on my car, but I had to rent a car for that week and another week til I was able to buy another used car . I feel the other guy's insurance company owes me for the inconvienience their client put me through,(having to rent a car for 2 weeks) plus the medical bills I have, but that's another story. So after arbitration is decided , I take it, the only other thing to do is sue the individual that caused the accident right?

#2 of 12 OFFLINE   Jon_Gregory

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Posted February 24 2005 - 02:34 PM

Usually if you have medical bills related to the accident, it is the resposibility of the insurance to cover that. If your insurance was any good, they would still be fighting for you.

#3 of 12 OFFLINE   Leila Dougan

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Posted February 25 2005 - 02:43 AM

You probably want to talk to a lawyer since I'm the farthest from one. I can only tell you what my recent (2 weeks ago) experience was when I had a car accident. Now, my car wasn't totaled. In fact, it had little damage but this is what I learned from my insurance company (USAA). You can go about the whole thing two ways. . .you can have your insurance company go up to bat for you, filing all the necessary paperwork, collecting payment from the other insurance company, etc, or you can choose to do everything yourself and deal directly with the other guys. Now, if you pick the first option, you are limited by what YOUR insurance policy is. That is, if you aren't paying for the privledge of a rental car, you won't get one. For my policy, I do not have coverage for a rental car so while my car was in the shop I had to do without. I could have gotten a car anyway, but at that point I would have tried to collect payment from the other person's insurance. My insurance company made it clear that they would not help me collect that money. The same thing goes for medical, should I have needed it. They would have paid for medical bills that were covered under my own policy upfront (just like they paid for your car, upfront) and then try to collect from the other company. I think that as long as your own policy would have covered the medical bills, your company should be paying them. Collecting from the other guys would be their problem. If you chose the second option and to do everything yourself, you'd have to talk directly with the other company and leave yours out of it. Of course that's more hassle so most people don't choose that option. So it's hard to say exactly what's going on in your case (which is why you must talk to a lawyer!), but it's possible that your company is having a hard time getting payment from the other one. They cut you a check for your totalled car because that's covered under your policy (just like it would be if the other guy didn't have insurance, or it was a hit and run type thing). But perhaps now that they've paid out your car and can't collect, they don't want to pay medical because they won't be able to collect that either. Makes sense, I guess, for them to try to avoid losing even more money. However, I still think that's their problem. As Jon said, if your insurance stood behind its policies, they'd have paid your medical bills anyway and kept on trying to collect. The rental car thing, in my experience, would be up to you to try to collect, unless your company told you otherwise (or you carry rental car privledges on your own policy). So I guess the first thing I'd do is call the other company and try to find out what the deal is. If you can't get an answer from either one of them, then sounds like a visit to a lawyer is in order.

#4 of 12 OFFLINE   Karl_Luph

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Posted February 25 2005 - 04:17 AM

Thanks for the input, I didn't have the rental car coverage on my insurance, just figured since it was the other person's fault, their insurance should reimburse me. Since arbitration has already been decided and ruled against my insurance company, it won't do me any good to talk to the other insurance company. I really felt that arbitration would rule in my favor,can't believe just because the other driver didn't want to give a statement to his insurance company ,that this would be the deciding factor. Makes me feel like what's the point in having insurance...

#5 of 12 OFFLINE   Philip_G

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Posted February 25 2005 - 04:28 AM

Is it binding or non-binding arbitration?
Disagree, insurance could care less who pays what as long as the end result costs THEM less, and fighting this costs money. Speak to a lawyer, sue if you can. Sue for damages, medical bills, pain and suffering, everything you can. The little fucker will give a statement when he's in court.

#6 of 12 OFFLINE   Karl_Luph

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Posted February 25 2005 - 05:29 AM

It was binded arbitration. Thanks Philip, looks like the next step is to take it to small claims court ,then he'll have to give a statement.

#7 of 12 OFFLINE   David McGough

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Posted February 25 2005 - 06:25 AM

If your Insurance paid, Will your rates go UP!!!
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#8 of 12 OFFLINE   Philip_G

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Posted February 25 2005 - 08:15 AM

not sure I'd go to small claims, the insurance company is a corporation and will have a lawyer represent them. Talk to a lawyer, they'd probably take it on a contingency? I dunno.

#9 of 12 OFFLINE   Karl_Luph

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Posted February 25 2005 - 08:31 AM

Philip, arbitration was decided in December 2004. His insurance company denied coverage for him since he was uncooporative. Somehow arbitration ruled in favor of his insurance company. I still don't understand why they would allow that,must be a loophole.

#10 of 12 OFFLINE   Chris Hovanic

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Posted February 25 2005 - 08:47 AM

It seems to me that "your" (or anyone's) insurance company is looking out for themselves and no one else. I dont trust insurance companies, hence my synical statement. I would not trust my insurance company to "go to bat" for me.

Back in December I was backed into by a truck delivering stuff to McDonalds. I chose not to file a claim with my insurance company as they would use it as an excuse to raise my rates, even though I was not at fault. The truck drivers insurance company kept encouraging me to file a claim with my insurance company so that my truck could get repaired and my insurance could work out the details with his insurance. Fat Chance! I heard this conversation in hy head....

My Insurance calls his insurance...
My Ins.: Hey Bob how's it going?
His Ins: Good Joe, you?
My Ins: Great. So I understand your client backed in to my client.
His Ins: No no thats not what happend. Tell you what lets call it a 50/50 accident. That way we both can raise our clients rates!
My Ins: Great idea! Lets do it!

Insurance Companies are the devil! Posted Image

Good Luck in your battle.
Chris Hovanic
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#11 of 12 OFFLINE   Leila Dougan

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Posted February 25 2005 - 08:50 AM

Without knowing what really went on, here's my best guess: Guy is uncooperative to his own insurance company and refuses to give a statement. Insurance company does not want pay your insurance company since they do not have a statement. Your insurance pays for your car upfront but is unable to collect reimbursement. During arbitration, the other insurance company claims that they did their part: denied coverage to Guy. They probably argue that they do not deserve to be punished further so they got off the hook of paying your company back. Your company then took the loss on your totalled car, but probably won't pay medical bills since they already know it would be even further loss. It's like they used the "Whoa, not our guy, we dropped him!" argument during arbitration to get the ruling in their favor. No idea though, that's where I think a lawyer could really help you out.

#12 of 12 OFFLINE   Karl_Luph

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Posted February 25 2005 - 11:03 AM

Sounds like you've been through this before too Leila.I had liability and comprehensive but no PIP on my car insurance.The medical part for me has been covered by my regular health insurance. Still, I'm out the deductable plus whatever isn't covered,as there always seems to be a couple of thoses on the statements from the health insurance letters. Just so you'll know, I have Progressive Ins. and the other guy's was Safeco.




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