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swintec
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join:2003-12-19
Alfred, ME
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reply to drew

Re: Car Accident & Insurance Claim Questions

Personally I would let my insurance company deal with the issue and the other company. It is part of what i pay them to do twice a year (assuming the customer has full coverage). i dont want to worry if I am doing or saying something wrong that will muck up the process.
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Critsmcgee

join:2011-12-02
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reply to tcope

said by tcope:

said by Critsmcgee:

So far it's 3/3 for me with Esurance, Progressive, and Vermont Mutual all waiving the deductible BEFORE the other party accepted liability. They said liability wasn't my problem it was theirs so they just got the car fix for me. They said if for some reason liability was put on me then I'd owe the deductible to them though. Never paid a dime on any of them.

Sorry but this does not make sense as posted. That is, there perhps is a little more to it then this.

Normally your company pays you less your deductible and once they collect from the at fault party they refund your deducible. If they cannot collect then they don't refund the deductible.

What you state is that your carrier "waives" the deductible initially but if they can't collect from the other party they "charge" you your deductible. As you can see, it's really the same outcome either way. The main difference is to the insurance company... how would they ever legally collect the deductible from their insured at a later date? The policy does not allow for this as it states your carrier should have paid less the deductible. If they chose not too... the policy does not then obligate you to repay the deductible. Your carrier's only course of action would be to file a civil suit against you. But then your argument is they your company knowingly and voluntarily paid your deductible so they have no right of action against you for what they voluntarily did (and you'd be correct).

Some companies have "accident forgiveness" or "deductible waivers" for 1st accidents. Perhaps your deductible was waived for this reason. But in that case, your carrier would not have treid to collect it from you later. I'm guessing but I think that might be the only difference from your post... those carrier would not have "billed" you later for your deductible. It was simply waived for what ever reason.

The fact remains it's happen 3 times in 2 different states with 3 different companies. No 'accident forgiveness' of any kind either. I refuse to pay extra for that 'gimmick'. The coverage was full at $500k/$250k all 3 times.


hortnut
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join:2005-09-25
PNW
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reply to drew

Another issue to consider is the various forms of Negligence that are used in different jurisdictions. Washington operates under:

Pure Comparative Negligence

States Applicable: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, Washington State

Pure comparative negligence systems rely on a judge, jury or insurance company to determine the level of responsibility the victim had in the accident based on a percentage and then will allow compensation based on that percentage.

Example:
In Susan and John’s auto accident John was found to be 99% responsible for his injuries. The total in damages was $10,000. In a pure comparative negligence system Susan will only have to pay for 1% of John’s damages- $100.00
Recently had a relative get caught up in this in Washington State. The other party made a left turn in front of them in an urban area and between intersections. The other Insurance deemed the relative shared 25% of the fault of the accident and only paid 75% of their vehicle damages. No injury and the relative did not have collision on their vehicle. Do not recall the particulars of the 25%. But speed, inattention and a bunch of others can be used to offset liability.

Good luck. Do not want you to be blindsided by the other Company if they bring it up. Best to research it out ahead of time, so have a rebuttal prepared ahead of time in any negotiations.


drew
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Thanks for the additional information hortnut See Profile. I appreciate it.



nightdesigns
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join:2002-05-31
AZ
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reply to drew

Just deal with your insurance company, that's why you have them. Other company will just want to "settle", your company will make sure they get the money owed.

I was in an accident several months ago. I dealt with my insurance company, the other guy with his and it was resolved without issue. Both cars were a total, but at least on my end, the process was very easy. I was paid replacement value + tax - deductible and I thought it was a fair offer which I accepted (Was within about $250 of what I thought it should be).

The accident was my fault (which I admitted) so I had to pay the deductible. If I wasn't at fault, there wouldn't have been a deductible. This was with Metlife (Snoopy was on my side).
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drew
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Port Orchard, WA
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reply to drew

Going to wrap this up, using some posts I made on facebook to clarify the timeline:

said by me, on january 9 :

Car Accident Update: Just got a call from an inspector from Hartford who looked at my car.

They are considering it a total loss due to the following:
1) Extensive body damage (hood, bumper, quarter panels & lights)
2) Radiator damage
3) Frame damage on the front frame rails right where the suspension mounts are (on both sides of the car)

The estimate is at least $10k worth of work. I should hear back from Hartford in 2-3 business days as to what they value the vehicle at, etc.

Next up is hearing from State Farm's inspectors with their opinion on the damage. I can't imagine it'll be too much different.

I do get to play these guys against one another, though, due to the fact I started a claim with both carriers. This can hopefully turn out to our advantage.

said by me, on january 11 :

Car Accident Update: Heard from State Farm yesterday. Total payout (car value + tax + remaining registration - $250 deductible) is $12,054.40. Asked to wait to make a decision until later today so I could have time to hear from Hartford.

Called Hartford after getting a call from State Farm who was asking if I was pursuing the claim with State Farm or Hartford. The gal at Hartford is waiting to hear from the WA DOL for the exact "remaining registration" value. I asked for a preliminary payout amount and she said "$13k and some change."

For the record, the car was purchased 3.5 years ago for $13.1k (incl. tax, title, registration). I rolled it over to 32k miles on the test drive. The car has 69k on it right now. 37k miles and 3.5 years later... we may be getting paid more for the car than we paid for it from a car dealer. That doesn't include the interest we paid on the loan - however it was minimal due to our accelerated payoff plan.

THIS IS INSANE!

said by me, on january 15 :

Car Accident Update: Hartford called back with a final total loss figure: $13,428.12. That doesn't include the $280 (14x$20) that will be electronically deposited as a rental reimbursement that we didn't need that the Hartford offered to pay without being prompted.

I feel like maybe we should send a gift certificate to a local restaurant to the guy who caused the accident.

I deposited that check yesterday (30-january).

Not sure how it ended up working out so well, but it did!

Thanks for the information and advice everyone.
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