Options when a big Insurance company won’t pay a fair amount

[Teamless]

you should talk to your insurance company.
they will contact the other parties insurance and get it straightened out.
that is what they are there for and they are generally good at what they do.

if you went to the other persons insurance company, without your insurance company intervening, they probably felt that either you don't have insurance or aren't smart enough to call yours to help. So if they can buy you off for $500 less than it should be, they will try.

Also, so you are aware, if they hit you and they are responsible, you have no deductible to pay. they are supposed to pay 100%, including rental cars, as they are supposed to 'make you whole' for your loss.

[TxRVer]

What insurance company are you dealing with? When I was rear-ended, I got a call from the other party's insurer. They gave me the option of taking my truck to one of two local repair centers. I picked one and everything was handled by them. I think that was Progressive.

In your situation, I agree you should call your company and let them deal with the other one.

[paynewp]

Same as above, contact your insurance company and they will take care of it. My wife was hit in the rear and there insurance company was draggin thier feet, call mine (progressive) and it was fixed before the weekend with the other insurance company picking up the whole tab of course.

[gemini]

You can have whatever shop you want to repair your car/truck. Most body shops and insurance adjusters work
from a similar book for parts pricing and labor for specific repairs. Call your insurance company. No satisfaction from
your company or theirs? Call an attorney. Do not cash the check or sign anything.
In the past, my experience has been the insurance company paid the body shop directly. I didn't care who got
paid or how much as long as my vehicle was repaired and was "like new".

[grumble]

You can have whatever shop you want to repair your car/truck. Most body shops and insurance adjusters work
from a similar book for parts pricing and labor for specific repairs. Call your insurance company. No satisfaction from
your company or theirs? Call an attorney. Do not cash the check or sign anything.
In the past, my experience has been the insurance company paid the body shop directly. I didn't care who got
paid or how much as long as my vehicle was repaired and was "like new".

Exactly. They assumed you wanted "cash" and didn't want to get your car repaired. They paid you to go away. If you want your car fixed, do NOT cash the check. Go to your insurance company, file a claim, GIVE THEM THE CHECK (since it would be fraud if you filed two separate claims with for the same damages and didn't let one know you had accepted money from the other), have your insurance company fix your car and let them fight the other insurance company for the remainder.

NEVER deal with the other party's insurance company. Deal with yours - and let them have the headache.

[KD5NRH]

NEVER deal with the other party's insurance company. Deal with yours - and let them have the headache.

This is a large part of why I talked my wife out of dropping full coverage when she finished paying off her car. With the multiple-vehicle discount, we've maintained it on everything for not too much extra per month. Even the old Tempo that doubled in value with a full gas tank was covered, just so we could let the insurance company deal with any problems right from the start.

[jimlongley]

Call the state insurance department.

[Rex B]

Couple of thoughts that have worked well in situations like this.

"I still have a stiff back and neck. Who do I see about that?"

"The wife and I haven't been able to have normal relations since the wreck"

"I'm going to need a rent car until this is fixed. Who do you guys use"

Just calling attention to their potential exposure loosens up the checkbook a bit.

I'm told that 2nd line is a real giant killer.

[MechAg94]

NEVER deal with the other party's insurance company. Deal with yours - and let them have the headache.

This is a large part of why I talked my wife out of dropping full coverage when she finished paying off her car. With the multiple-vehicle discount, we've maintained it on everything for not too much extra per month. Even the old Tempo that doubled in value with a full gas tank was covered, just so we could let the insurance company deal with any problems right from the start.

I found this to be true also. Increasing your coverage over the minimum really isn't that much more. The minimum full coverage really doesn't cover that much anyway.

[RPB]

(I'm not a lawyer, so this isn't legal advice, but my layman's opinion based upon the fact I was a legal assistant handling auto claims under an attorney's supervision for 25 years, and I know what I saw)

I'd never accept a check from an insurer.

I'd take my vehicle to where it will be repaired, call both your and her insurers and have them go look at it, then whoever wants to can pay the shop directly.

If you end up having to pay a deductible, your insurer is supposed to refund it back to you once they collect from her or her insurer.

Unless your car is totalled, during the period your car is tied up being repaired, (unless something changed in the last 3 years or so, ... I do not currently have access to "Texas Pattern Jury Charges")
:
You are entitled to:
PJC11.2 Question - Market Value Before and After Occurrence
PJC11.3 Question - Cost of Repairs and Loss of Use of Vehicle - Property



Meaning:
(1) devaluation of market value since it has been in a wreck, and ...
2) repairs, plus EITHER
a) Loss of use money
or
b) Rental Car)

If you get a rental car, the insurer can pay the rent car company directly too ... (Easy since several Insurance companies own, or have special relationships with certain rent car companies, example: State Farm generally wants you to rent from Enterprise )

If I accept any check for my loss of use, I'd photocopy the front and back of the check prior to depositing it (One case where a rubber stamp "release" was added after the Insurer got back the endoorsed check, and we had to prove it wasn't there when signed/endorsed)

HOPEFULLY, your bumper shock absorbers are ok and not leaking the hydraulic fluid such that they fail to absorb an impact at a future date.... be sure you trust whoever is fixing your vehicle and if they later find additional damage they can supplement a report to the insurers for another payment directly from the insurer. (Another reason to keep you out of the check accepting and release signing endorsement trap)

Here is an article by a Dallas attorney, I do not know him, but providing the link FYI http://www.justicewarrior.com/gliv.articles07.html" onclick="window.open(this.href);return false;

Like I said, I'm not a lawyer and that's my layman's opinion .... I could be wrong ... I was once .... but I'm divorced now.