My Dreams Have Been Indefinitely Postponed (page 2)

StinkyPantz

Sorry if the above post is harsh, but it's the reality of my situation.

NameWithheld

Francois-
I don't think you understand what I wrote. I owe $12,000, so if they give the finance/loan company $6,000 then I'll still owe $6,000 out of pocket. The car is totaled, so it's not like I can drive it. Also, when they total a car, they take it so that they can get salvage money. If I keep it the car, then I have to pay for the repairs, which would be an incredible amount.

Stinky - reread his post - it's dead on. DO NOT DO NOT DO NOT accept the insurance co's attempt to screw you over. It's their business to see how much they can get away with. They will put every screw to you to accept less than you are due. You MUST stand your ground and demand that they replace OR fix your car to it's original condition. That is their responsibility. Do not sign or accept any deal from them until you are satisfied that you can replace or fix your car with it.

To start, find cars like your in the paper or online traders post and begin gathering prices on what it would be to buy a car of your year, make and model. Make sure they pay enough that you could take that $$ and outright buy your car all over again.

You will have the pain of dealing with credit again, since you will have to close your current loan and get a new one. I would start by calling the people you have you loan with now, explain the situation, and see if they would like to keep you as a customer. They just might roll you over to a new loan.

StinkyPantz

Name-

No need to reread his post because I know my situation, he does not. Listen, I owe $12,000 on my car, but it's a piece of sh*t. I wouldn't even give more that $6,000 if I were them!! They do not have to give me more than it's worth!

I am not so naive to think that they aren't going to try to screw me, but no profitable insurance company is going to pay $10,000 to repair a car that is worth $6,000!! If you can find proof otherwise please let me know because I've been searching the internet for the past 5 hours.

To start, find cars like your in the paper or online traders post and begin gathering prices on what it would be to buy a car of your year, make and model.

Dude, I've done this. My car, maximum is worth $9,000 (Blue Book), but I owe $12,000. Why doesn't anyone see my dilemma?

mattnoel

Stinky, I dont know who you work over there when it comes to insurance. I work for an insurance company here in the UK and previously worked in the Claims Dept before I got to my current role.

If it is the same over there and it is certainly worth looking into -

Even though are both with the same insurer this does not mean that they treat you any different, basically the two claims depts that are dealing with each of you will fight against each other on the claim. This is basically a non fault accident on your part so there is not really anything to fights about. You HAVE to be treated the same as if you were with any other insurer.

You can go to a Lawyer that specialises in ULR or Uninsured Loss Recovery. They will then sue his insurer for damages incurred to you including out of work expenses, damage that wouldnt be covered on the insurance (personal possesions) and damage to your car that would not be covered by the other insurer. Now, the fact that he was driving under the inflence may mean that his insurer refuse to pay for damages to his car as he was breaking the law but they will have to pay the full market value of the vehicle if you were to have taken it to a garage just before the accident. The ULR should then be able to recover the rest of the damage + out other expenses i.e you can prove that you were moving etc.

again I dont know where it stands over there but look into it.

Hope it helps. Take care.

Billygoat

((((((((((Stinky)))))))))))

I know this situation is overwhelming right now. And I didn't mean to minimize what you were going through. In fact, I'd probably react just like you. But people like Francois and my husband have this gift of stepping back before reacting to a situation.

The definition of "speculate" is: to take to be true on the basis of insufficient evidence. You are still in the midst of dealing with the insurance company and they haven't cut a check yet. Things aren't over. So don't think you are "screwed" quite yet. Things could change next week, tomorrow, or even the next hour. I'm sure you are getting some good advice from the people here, which you could look into. But my point is, it ain't over till the fat lady sings. Just have faith that things will work out for the best. Your dreams aren't shattered yet, sweetie. Just hang tight and HAVE FAITH.

Love,

Andi

BeautifulGarbage

Ok, I will state right up front I don't know what I am talking about in your situation. I'm just offering another viewpoint.

You have a leanholder on this car? I thought that the insurance company HAS to payoff the car regardless of it's worth. Any money that is gotten will go straight to them anyway.

Or, if I am wrong in this respect, does there have a be a special clause in the insurance policy that specially states they have to pay what is owed on the car?

I'm sorry about what happened, Stinky. I was in a car accident two years ago. I was not at fault. Me and the other guy had the same insurance company. I ended up getting screwed out of about 15, 000 dollars because I was mislead in how the underinsured clause in my policy worked and California law. What was upsetting is that the whole time the insurance company KNEW they were never going to have to pay me what was fair and made me wait a year for a settlement. Bastards.

I know you are devastated right now. Hang in there, girl.

Andee

asleif_dufansdottir

Stinky,

I know you're first reaction to my advice is going to be "I can't afford it!" because I am a broke college student who has to move this summer to go to grad school (at age 40! ack), and that's exactly what I'd say...but I think you need to talk to a lawyer. Look at it this way. If nothing else, knowing you have a lawyer will intimidate the insurance company into giving you as much as possible. It will cost you something but it should save you money too.

I don't know you, so I'm assuming you're not an expert in insurance law, but there may be legal issues you don't know about that will help you out of your situation. Whatever you do, don't trust what your insurance company tells you. Insurance companies will outright lie to you to save themselves money. Been there, had it done to me, ended up turning the insurance agent over to the State insurance commission (this was in Kansas, too!).

Take a deep breath and use all the energy from the stress and upset to fight the insurance company for everything you can get.

asleif_dufansdottir

You might also consider seeing if you can sue the drunk driver for the $6000 difference. It's their fault you're without transportation, after all.

I know none of this is a quick enough solution to your problem considering your need to move (I empathize, really, you don't know how much), but it's something...

funkyderek

No need to reread his post because I know my situation, he does not. Listen, I owe $12,000 on my car, but it's a piece of sh*t. I wouldn't even give more that $6,000 if I were them!! They do not have to give me more than it's worth!

Surely they have to pay you the replacement cost for your car? Of course they won't give you $12,000 if the car's not worth that much, but the whole point of insurance is that you don't end up worse off than you were. If they give you enough money to buy a car of the same make, model and age as the one that you had insured (like they're supposed to do) then you won't be any worse off than you were before. I know insurance companies will always try to screw you, but what Francois and others have posted seems like good advice.

StinkyPantz

Billygoat-

I know this situation is overwhelming right now.

It's not really. I have spent several hours reading up on insurance laws, especially Kansas and I feel as if I can at least make a fairly educated guess about what happens in my situation, but no one seems to believe me.

But people like Francois and my husband have this gift of stepping back before reacting to a situation.

They are not the only ones, they aren't a rare species. I am stepping back and looking at the situation calmly. The title of my thread was a mistake I'll admit (I was just pissed for a minute), but my goals have been set back indefinitely. Besides, I have had other setbacks out of my control recently that add to my frustration.

Things aren't over. So don't think you are "screwed" quite yet.

So when is a good time to think that I'm screwed?

BeautifulGarbage-

I ended up getting screwed out of about 15, 000 dollars because I was mislead in how the underinsured clause in my policy worked and California law.

You know what tho? Sometimes no matter how much you prepare yourself, you still lose out. That's life. Best case scenario, they take the car and I owe nothing. Even then, I'd have to rely on my bad credit to get another car, which would have high interest rates. . .

Aslief-

I have a friend who's a legal secretary and I'll be asking him for advice at least to start.

My Dreams Have Been Indefinitely Postponed

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