Wrong to sue?

[Bigballsofpaint]

I have a question for you guys since ive never really been in this dilemma before. On my way home from the track I got in a car accident, other party at fault. I wont go into detail, she was a minor though and she stated fault, and the police report which I am still waiting for says she admitted fault.

Im not a guy to sue people, I hate that its the first thing people say when you've been in an accident and up until last night I had no desire to pursue this. But, the insurance company is dragging their feet, hard. They wont even be looking at my car until next wed (10 days without a vehicle). I KNOW my car is totaled, my bike and trailer SEEMED fine, and when I gave my side I told them that I think everything is OK but I still need to verify it. I did not want to say anything and leave it in stone just in case a problem arises. I foolishly only took 2 photos at the scene, but that's another story. I wont say for certain but im pretty sure im OK, no pain really, slight soreness but that's all. I wont be seeing a doctor unless something changes, BUT

Is it wrong to try and sue plainly because they are dragging this thing out. I know I should be able to receive money for a rental car, and im pretty adamant that I should also receive at least enough for another hitch setup for my next vehicle since I clearly tow. I owe more than the car is worth, but I have GAP coverage so i will basically be at a clean slate, getting NOTHING from their insurance unless i pursue a lawsuit. I realize no one here can give legal advice, im just asking if you would try and sue for a small amount.

The way i see it, if they handled this like MY insurance, gave me a rental, paid my car off and said sorry here you go i would be on my merry way, but now im having to ride my bike in this crap weather, or try to work rides out with my gf. Im not saying give me 50g here, but im tossing up trying to fight for 5-10. I feel like this is going to take a while to settle form their insurance, and its just not right.

Sorry for the long post, its starting to get to me.

[Panda]

What kind of relief are you seeking and where do you feel the other insurance company is falling short?

Is it just a temporal concern or has the other insurance company indicated that you're not going to receive compensation for rental car, hitch, etc.

[csmith12]

2 things...

1. Sue the insurance company and not the person. It makes it easier to take in.
2. Call the other driver and gauge their attitude about things. It also can make it easier.

Bottom line, they are paying for representation in an accident (insurance). Take advantage of it, but do remove making it "personal".

Hauling a trailer makes this more complex. Get EVERYTHING checked out, including yourself brah... In fact, do it first if you feel the need.

And... the amount means nothing. Returning you and your stuff to as close to your original "pre-accident" state is the goal.

I wish you luck, but be insistent when you're not at fault.

[DEFY]

My gf's mom had an a$$hat drive his truck into the side of her van, on purpose. She didn't get the insurance money for almost 3 months later, and the insurance sent the money to the judge in the case before it was issued to her. (State police took the guy to court over it)

[Bigballsofpaint]

Oh i would be sueing insurance, not the other person. From what i know she did the right thing, she admitted fault and that's all i care about. Im happy she was relatively fine, although who knows if she was ont he phone, or if shes was even legally supposed to be driving (we have a ton of new laws for minors here now and it was night time).

Im looking to sue because insurance in dragging their ass instead of making things right. Im not going to be made whole here, im getting nothing out of this. My car that has been excellent to me since it was brand new is gone, my 2 years of payments now goes to 5 years again. Im going backwards here.

A friend at work put it to me this way, since im getting nothing for my car, i should be sueing for the amount that a rental car would cost me during this time, and then whatever amount the same car would cost me. Example, i found my same car for sale for 10 grand, say i owed 6 grand on my exisiting car, i should be sueing for at least 5,000. (4 down on the car, 500+ for rental, 500+ to have a hitch and everything installed on it). This makes sence to me.

Also i still have to pay for my car until her insurance pays for it, or it will show a missed payment on my credit. Why should i be paying for a car that is now totaled and sitting in a lot waiting for them to take their sweet time?

Originally Posted by csmith12

2 things...

1. Sue the insurance company and not the person. It makes it easier to take in.
2. Call the other driver and gauge their attitude about things. It also can make it easier.

Bottom line, they are paying for representation in an accident (insurance). Take advantage of it, but do remove making it "personal".

Hauling a trailer makes this more complex. Get EVERYTHING checked out, including yourself brah... In fact, do it first if you feel the need.

And... the amount means nothing. Returning you and your stuff to as close to your original "pre-accident" state is the goal.

I wish you luck, but be insistent when you're not at fault.

[csmith12]

Originally Posted by Bigballsofpaint

Why should i be paying for a car that is now totaled and sitting in a lot waiting for them to take their sweet time?

Because that is what you agreed too, it's not their fault either and will work to your benefit later. Make sure you include any of that time/moneys in your claim.

Wish you the best of luck mang.

[Bigballsofpaint]

Originally Posted by csmith12

Because that is what you agreed too, it's not their fault either and will work to your benefit later. Make sure you include any of that time/moneys in your claim.

Wish you the best of luck mang.

Thanks Chris, i just want this settled and over with. Im not saying the company who loaned me shouldn't be getting paid, your right, its not their fault. But its part of why im juggling if i should be sueing or not....since i now have to pay for a car i can no longer drive, and they don't seem in any hurry to get this situation resolved.

I just don't know if im being unreasonable or not, either way ill see you next year at mid-O pal!

[csmith12]

patient yes, unreasonable.... naw. they will take as long as you can bare if you let them. Feel free to push them along.

[alex.s]

you can usually get your insurance to handle the process for you. if you don't have the same insurance as the other person, your insurance will pressure their insurance. because if their insurance doesn't cover things, your insurance will have to. so talk to your insurance politely and get them to pressure their insurance.

[jkv45]

I don't think you will come out ahead by filing a lawsuit. The cost of doing it will outweigh the benefit. Insurance companies have lawyers on staff by the dozen.

I'm not sure you can sue just because the issue hasn't been settled as quickly as you expect. Most likely there are guidelines.

Your Insurance Agent should be on speed-dial. Call them daily for an update. If you don't get any reply, or they don't call you back, ask for their supervisor. Your insurance company will pay you for your damages and will be reimbursed by the company of the person found to be at fault. You will be offered low-dollar for your vehicle, so be prepared with any receipts of recent work or maintenance (tires, etc). You will get additional money only if you can prove it.

Was the person ticketed? That's important. That's what the Insurance Companies look at for fault. If not, it complicates things for you.

Not sure that you will get a rental car though. Most policies have a rental car reimbursement that you can choose to take - or not.

Most of what you get will be a reimbursement for your costs related to the accident, which means you need to shell out for it. Save your receipts.

[Alex]

What Alex and Jay said. I wouldn't waste any of your time with their insurance company. You should be talking to your insurance company, and letting them deal with almost all of this headache.

[Bigballsofpaint]

Ive spoken with my agent a few times this week. If i go through my insurance it will obviously speed the process up, but then it goes on my record and every year come renewal we have to go back and show i wasn't at fault so they don't hike my rates.

The other parties insurance never answers their phone, the last time i talked to them they hadn't even talked to their party since they were a minor and needed a guardian on the phone. I have rental on my policy, im not sure if they were ticket, she left in an ambulance. On Wed i was told it looks like they are waiting for a police report, which since it is state police can take up to 3 weeks. Ive checked the database and a report still has not been submitted.

My fiancé is a paralegal, so im having her ask the lawyers she works with what my options are and if it is worth it.

Originally Posted by jkv45

I don't think you will come out ahead by filing a lawsuit. The cost of doing it will outweigh the benefit. Insurance companies have lawyers on staff by the dozen.

I'm not sure you can sue just because the issue hasn't been settled as quickly as you expect. Most likely there are guidelines.

Your Insurance Agent should be on speed-dial. Call them daily for an update. If you don't get any reply, or they don't call you back, ask for their supervisor. Your insurance company will pay you for your damages and will be reimbursed by the company of the person found to be at fault. You will be offered low-dollar for your vehicle, so be prepared with any receipts of recent work or maintenance (tires, etc). You will get additional money only if you can prove it.

Was the person ticketed? That's important. That's what the Insurance Companies look at for fault. If not, it complicates things for you.

Not sure that you will get a rental car though. Most policies have a rental car reimbursement that you can choose to take - or not.

Most of what you get will be a reimbursement for your costs related to the accident, which means you need to shell out for it. Save your receipts.

[Alex]

Either your agent isn't telling you the truth to keep from doing any work, or you have an incredibly bad insurance company. The accident is going in the CLUE database anyway, so it's not like it couldn't be used to affect your rates either way. But typically, rates only increase if there are claims where they have to pay out over a certain (reasonably low) threshold. Given what you've shared here, it sounds like they wouldn't expect to have any liability or unpaid claim; the other party's insurance will be on the hook.

[Bigballsofpaint]

Originally Posted by Alex

Either your agent isn't telling you the truth to keep from doing any work, or you have an incredibly bad insurance company. The accident is going in the CLUE database anyway, so it's not like it couldn't be used to affect your rates either way. But typically, rates only increase if there are claims where they have to pay out over a certain (reasonably low) threshold. Given what you've shared here, it sounds like they wouldn't expect to have any liability or unpaid claim; the other party's insurance will be on the hook.

Its true, she may be saving herself future headache on my renewals, but she handled things for me before so I don't have any reason to not trust her ( I know her outside of her work ). If I end up buying a car this weekend I will prob get my insurance involved next week, I don't need to have 2 car payments if the other parties insurance is taking their sweet time.

[min nin]

Talk to the insurance commission, they will get results.

[accumack]

If you sue be prepared wait and spend lot of time. What are her limits? Back in 1995 I was in an accident ( herniated disc c-5, c-6 bulging c-4, c-5 )where I was rear ended their fault they admitted it took 3 years lots of time off work their limit was $12000. After 3 years thats what we settled for. I got all of $3200 for my 60% the lawyers got the rest. They inflate their costs. So unless their limits are much higher and you have injuries I wouldn't bother.

[jkv45]

Your rates won't go up if you were not found to be at fault.

We had a car totalled (rear-ended) and were paid by our insurance company for the value of the car and related expenditures. Our rates didn't go up.

They did put me through the ringer trying to low-ball the crap out of me though. I did have receipts for tires and other recent items that helped bring the price up. The rookies that towed it were rough with it, and scratched/dented it - which they assumed was there before. Not much you can do to prove it wasn't. Overall I lost a good vehicle that I owned and maintained consistently since new, and was in excellent condition, and got paid for one that was just slightly above average.

I would talk to someone about your car payment just to let them know the car has been in an accident, but I would expect that they will want you to continue paying.

It's all based on "reimbursement" - when things are finally settled.

[snot]

Originally Posted by Alex

What Alex and Jay said. I wouldn't waste any of your time with their insurance company. You should be talking to your insurance company, and letting them deal with almost all of this headache.

+1
this is what we did earlier this year...

[Ninjinsky]

Ambulance chasers aren't in it for you. If you sue it will probably be a Pyrrhic victory, they will get fat, you won't
Your company should handle it.
Don't talk to the other party, it opens up all kinds of problems, particularly if you say things 'to be nice' that they later twist into ammo.

[cbinker]

JG Wentworth?

[Bigballsofpaint]

877 cash now

[cuong-nutz]

Originally Posted by snot

+1
this is what we did earlier this year...

Same here but kind of in the middle of it.

Basically, what happens is your insurance goes through the arbitration process. Your insurance will come out and access the damages of your car (claims adjusters) either they fix it (you pay the deductible) or they pay you out the cost of your car (total it). Depending on how well your insurance is, they should give you a rental car while the arbitration process goes through. Once the dispute is resolved, you are reimbursed your deductible and loss.