TrollfaceDeux
Pronouns: zie/zhem/zer
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Car Buying Help
- Thread starter Araxen
- Start date
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Cad really don't like to prod you for legal crap but can you clarify mitigation of damages for me?
So, my car is sitting at the tow yard right now and the claims adjuster for the other car (that was conveniently stolen, of course) says he's sending these out and I am now legally obligated to mitigate damages as much as reasonable.
The form this takes is that I have to get the wreck towed back to my house at cost to me while they sort this out. However long that takes. I really don't want to do that because A. Fuck them and B. Fuck them. Neither company will start shit until they determine who is liable.
So, if I were to say, get a letter from my HOA saying they don't allow inoperable wrecks to sit on the street in my development (it'd be a real one, no bullshit forgery). Will this allow me to force them to keep it there while they deal with this dumb shit?
Uhh no you should not tow it back to your house at your cost.
Like I said, call your insurance and tell them you are filing a claim under your comprehensive policy, pay the deductible tell them the car is totalled and it is at (wrecking yard) address for their adjuster to come see it.
Mitigation of damages means you need to take steps limit the damages if they're reasonable... bringing a destroyed car to your house isn't reasonable. Is the car drivable? Is it potentially repairable?
I'd pretty much tell them to fuck off. Your insurance co. needs to be taking care of you because they are liable under the comprehensive policy no matter what happens. Put it on them to negotiate with the other carrier because there are arbitration boards set up just for this type of prop damage claim between two companies. One of them is liable, it is clear you are not. PUT IT ON THEM.
TJT
Mr. Poopybutthole
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I don't have comprehensive as it was a 10 year old car and any damages to it would likely exceed the value of the car. Which would just payout the cost of the car. The current damage to the car is easily an $8k+ fix. But as I have uninsured motorist coverage I am covered under that... once/if the other idiots determine they are not liable.
The only two outcomes in the situation are:
1. They're liable because their policy covers it and all parties agree they're 100% at fault.
2. They deny coverage because lol car is stolen. Which my insurance company would then have to cover because of uninsured motorist coverage.
But yeah that makes sense. Bringing a destroyed car to my house is not reasonable.TY Sir.
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Aha. Well, until one of them accepts liability I'd bring it home then because in the likely event that they'll just try to pin the accident on you they'll disclaim all bills. Bringing it home might be a good idea in this event.
If the accident is your fault, then nobody pays. Guarantee you the two companies are talking to each other and are figuring out how to call it your fault already.
If the accident is your fault, then nobody pays. Guarantee you the two companies are talking to each other and are figuring out how to call it your fault already.
TJT
Mr. Poopybutthole
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Adjusters from both of the companies have told me I am not at fault and the police report says I am not at fault.
Just out of curiosity. Seriously how could they pin it on me when the other driver fled the scene and the car was totally in my lane where it hit me? And this is recorded and the police asked if I wanted to press charges?
TrollfaceDeux
Pronouns: zie/zhem/zer
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TJT
Mr. Poopybutthole
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No because I don't give a fuck about Pedro and the likelihood of police actually finding him is lol. I just want to get the insurance shit figured out.
Jalynfane
Phank 2002
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Did you have UMPD (Uninsured Motorist Property Damage)? Not sure what it is called in whatever state you are in, but pays out for Hit and Run or Uninsured issues, like this.
If you just have liability, well.... start figuring how much it is worth to you to fight this in court, on your time and dime. They could make it take years if they want.
If you just have liability, well.... start figuring how much it is worth to you to fight this in court, on your time and dime. They could make it take years if they want.
TJT
Mr. Poopybutthole
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No I do have UMPD. But they specifically wont do shit until the other company denies coverage because the work van was "stolen" less than a mile from a major construction site and the driver was in working clothes. So that's pretty lol.
They'll have to cover my towing costs too right? Eventually?
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TJT
Mr. Poopybutthole
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So, USAA (my insurance) has confirmed that they will pay for everything but need the denial of coverage letter from Gainsco first. Which the adjuster says is likely to happen even though the guy's "car was stolen" story was LOL even to the claims adjuster. The wreck is back to my house now. I'll post a pic later.
Vehicle owner, who works in construction, has it on facebook working in construction yard near my house. Claimed that he didn't call police that his car was stolen because his phone was in it. So he didn't report it stolen. This whole thing makes me lose a lot of faith in insurance. But the owner's situation is focring him to mislead the police but still pursue the fact that the car was stolen so he can lie to the insurance company as he covers for his friend/employee.
Anyway. I have a line on a 3 year old Mazda CX-5 w/65k miles for ~$9k. This seems like a good price so I might just buy it cash next week. Anyone have any experience with this particular model?
Vehicle owner, who works in construction, has it on facebook working in construction yard near my house. Claimed that he didn't call police that his car was stolen because his phone was in it. So he didn't report it stolen. This whole thing makes me lose a lot of faith in insurance. But the owner's situation is focring him to mislead the police but still pursue the fact that the car was stolen so he can lie to the insurance company as he covers for his friend/employee.
Anyway. I have a line on a 3 year old Mazda CX-5 w/65k miles for ~$9k. This seems like a good price so I might just buy it cash next week. Anyone have any experience with this particular model?
Big_w_powah
Trakanon Raider
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..nothing with cx 5....but if you get upper trima of anything but the worst cars you woll get something useable.
Hatorade
A nice asshole.
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I use to be a claims adjuster and know my shit so:
DO NOT FILE A CLAIM UNDER COMPREHENSIVE IF YOU ARE NOT AT FAULT, that shit goes against you.
Uninsured motorist is a smaller deductible and won't increase premiums. They will also file for a lost title if you don't have one, if you pay anything out of pocket for this claim it should be reimbursable minus the cost of a new car as they will give you the value of the car totaled if purchased today based on a semi local search and comparison of your same vehicle make/model/year.
The wording is they will pay for anything reasonable and necessary, you may have to give receipts and the like but this is worth the time as it makes for a strong case of getting more money when they give you an offer you don't like.
If there is even a little bit of proof about the false stolen claim like you said facebook photos your claim should go to SIU. Ask your current adjuster if your claim is going to SIU and if he says no then he doesn't understand his job. While SIU will almost zero effect on you it will at the least cause a headache for van owner if not get him a fine or even jail time for insurance fraud depending on if it goes before a judge.
Let me know if you have questions.
TJT
Mr. Poopybutthole
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Oh I didn't. Other driver's bogus story of car being stolen failed the investigation so they're covering it. Claim did go to SIU (because his story was bad. Didn't claim the car was stolen because phone was in the car but the insurance company called him on his phone). Their investigator called me and showed me the same photo I had already found on facebook. Sure enough.
Took a fucking month, but it worked out okay. Still would have preferred not to get in a wreck though obviously. Thanks for the tips though man!
TrollfaceDeux
Pronouns: zie/zhem/zer
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I am in a situation where I may need to get a car again....
I will write out a situation once insurance comes back to me with the yes or no to fixing the car or not.
but it looks like I may be in 2k below equity and pay that off myself or put it on top of other car loan. probably $12,000 car and make it $14,000 over 5 or 4 years. I will put 2k as downpayment, so that goes down to $12,000 again.
Anyway, hopefully they fix it..fucking rain/hail fucked my vision....
I will write out a situation once insurance comes back to me with the yes or no to fixing the car or not.
but it looks like I may be in 2k below equity and pay that off myself or put it on top of other car loan. probably $12,000 car and make it $14,000 over 5 or 4 years. I will put 2k as downpayment, so that goes down to $12,000 again.
Anyway, hopefully they fix it..fucking rain/hail fucked my vision....