Truck got flipped off the other day, 3rd Party insurance claim

[Stan H]

I totally understand that I’m being dealt the shortest possible end of the stick, but at the end of the day, my singular lawyer would stand about a 0.001% chance against the teams of insurance lawyers. I’ve informally discussed it with a lawyer and have been informed that by the letter of the law and the way I was parked on my street, there is room for them to say I had some degree of liability despite the truck being unoccupied and hit through the driver’s gross negligence. Living in a comparative liability state, I’d rather not open up that can of worms.

Unfortunately, I don’t have the time, effort, or resources to meaningfully impact the outcome.

My thinking is let them either total it or fix it . Then when it's done . Trade it off.

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[username.jpeg]

I totally understand that I’m being dealt the shortest possible end of the stick, but at the end of the day, my singular lawyer would stand about a 0.001% chance against the teams of insurance lawyers. I’ve been informed that by the letter of the law and the way I was parked on my street, there is room for them to say I had some degree of liability despite the truck being unoccupied and hit through the driver’s gross negligence. Living in a comparative liability state, I’d rather not open up that can of worms.

Unfortunately, I don’t have the time, effort, or resources to meaningfully impact the outcome.

My thinking is let them either total it or fix it . Then when it's done . Trade it off.

That’s easier said than done. They’ve currently got estimated repairs at $7k. They say full frame replacement is $8.1k. Still $7k off from totaling. They don’t seem to want to entertain driveline damage at least as far as I’ve been able to get thus far. There’s definitely a world where they do replace the driveshaft, transfer case and transmission, but it’s still borderline on the ACV of the truck.

Hence my letting them finish what they’re doing and getting rid of it so I don’t have to deal with the questionable repairs they’re insisting on.

 

[JTGuy]

After the repair I am sure a dealer will give you full value in a trade,,,,,LOL.

 

[username.jpeg]

After the repair I am sure a dealer will give you full value in a trade,,,,,LOL.

No kidding. The fun part will be getting them to put in writing the value reduction due to the accident.

 

[Sweetums]

I had a similar claim take weeks because the other driver’s insurance just kept stalling. I had to get my own insurance involved to speed things up.

I had to deal with insurance for a driver who hit me and broke my arm, even with a lawyer they were stalling paying the settlement we agreed on and kept sending checks with incorrect information.

I finally told my attorney I was done playing nice since they were not negotiating in good faith, they had 72 hours to get us a valid check or he was to go to court and get an order to compel payment, I was also going to file complaints against the license of the insurance company's attorney for unethical practice (you bet your ass I'm making this personal), I was going to file complaints against the insurance company with the Insurance Commissioner in both my state and the state where they are headquartered (basically sic'ing two state government agencies on them), and I was going to file with the Federal Consumer Protections (if you thought the state was bad, have fun with the feds), oh, and for icing, I was going to take that order to compel payment, show up with the sheriff and take all the computers and files from their physical offices, put them on eBay to pay their bill and tip off the news that all that client data was up for sale because they wouldn't pay their bills.

My attorney just forwarded my email to their attorney with a note that basically said "This guy is ready to burn you down and there's nothing I can do to stop him, I suggest you stop fucking around before you find out."

I had a check by the end of the week.

 

[username.jpeg]

I had a similar claim take weeks because the other driver’s insurance just kept stalling. I had to get my own insurance involved to speed things up.

Everything ended up taking 3 months from the date of the accident. I kept the claim with the at fault drivers insurance because they were talking about part backorders with timelines in the 3-6 month span and I didn’t want to come out of pocket for the rental. The insurance company/ shop would not budge at all on what they could do to fix my truck. I ended up letting them put their bandaids on it and traded it in the day after I picked it up from the shop.

Luckily I was able to get a decent amount from a diminished value claim with paperwork from the dealership stating the loss in value. I ended up just a few hundred bucks short of what I consider the fair pre-loss value so all in all I didn’t end up too bad. I can imagine not fighting with them or using my own insurance would have sped up the process at my expense.

I was so glad the headache is over but I still miss my old truck. C’est la vie.

 

[Stan H]

Everything ended up taking 3 months from the date of the accident. I kept the claim with the at fault drivers insurance because they were talking about part backorders with timelines in the 3-6 month span and I didn’t want to come out of pocket for the rental. The insurance company/ shop would not budge at all on what they could do to fix my truck. I ended up letting them put their bandaids on it and traded it in the day after I picked it up from the shop.

Luckily I was able to get a decent amount from a diminished value claim with paperwork from the dealership stating the loss in value. I ended up just a few hundred bucks short of what I consider the fair pre-loss value so all in all I didn’t end up too bad. I can imagine not fighting with them or using my own insurance would have sped up the process at my expense.

I was so glad the headache is over but I still miss my old truck. C’est la vie.

I had a brand new truck with 800 miles on it one time got rearended by an illegal Mexican in a line of stopped traffic behind an accident scene in wintertime snow I was just off a bridge that had signs that said caution bridge surface freezes before roadway. He could not speak or write English. I had to get a lawyer because they wanted me to place it against my insurance . We went back on the truck owner that hit me owner was from Texas.
There was a 15yr. Old Mexican with him and He wrote the other guys statement after translating it .it read :
I see truck ,I hit brake ,I hit truck.
I was looking in thd rearview mirror just before he hot me I seen him staring at the center console.
To this day if I come upon a accident scene and traffic is stopped I get off the roadway. I dont care what anyone says but if you cant read roadside you should NOT be on the roadway.

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