My Injury Claims

how long after a claims adjuster comes to view the damages of an auto accident will i get a check for totaled out car?

If the car is a total loss….the adjuster does not just mail you a check.

The adjuster will call you - let you know what they can pay you for the car - get the ok to have the car moved to the salvage yard the insurance company uses to dispose of the total loss cars. The adjuster will need to have you sign paperwork (and the title if the car is paid off). You will have to send the paperwork back to the adjuster.

As far as payment goes…it depends if the car is paid for or not. If the car is paid for (ex: and worth 5000) then the adjuster may send you 2500 (1/2 the settlement) with the paperwork and send you the other half when they get the paperwork and title back from you.

This is very general info. Your adjuster will be able to tell you exactly how the process works.

Two cars hit each other and one of the cars went on to hit me while i was stopped at a red light. Each of the drivers' insurance companies refuses to accept responsibility for the initial accident. I didn't have insurance at the time. There was no personal injury, just about $1,500 damage to my car. It has been 3 months and still no resolution. It looks like small claims court would be the fastest way to go about it. Do I sue both drivers or just the one who hit me? Do I send the paperwork to the drivers individually or to their insurance companies? Are the insurance companies obligated to give me the drivers contact info? What will the judge be looking for me to demonstrate in court? How many estimates do I need? In addition to the actual damage to the car, am I entitled to supplemental damage, inconvienience costs, rental car cost, etc. If it gets this far, I want to take them to cleaners. Any other helpful info would be appreciated.

Knowing what state you are in would be a help.

Don't bother with a lawyer. No matter how many people tell you to get a lawyer, don't do it. It will not make this go any faster. Trust me on that.

As you already found out, not having insurance can be a mistake.

From what you describe you are an innocent party to this to loss. Since you bear no negligence for the accident one of the other companies should step up and pay you then they can get partial reimbursement from the other company. If the accident was 70% one drivers fault and 30% the other drivers fault then the company that is 70% at fault should pay you 100% and then get 30% reimbursement from the other company.

In most intersection accidents both drivers can be held partially responsible for a percentage of the accident. A 70/30% split is pretty common in intersection accidents.

Since both parties are at least partially negligent for your damages, if you sue you MUST sue both of them at the same time. You only get one shot at this and if you only name 1 driver the court may only find them to be 30% at-fault and then you have just lost 70%.

If you do sue you should bring the following evidence
-police report
-photos of the car
- two estimates for the damages (normally the court will award the lower amount)
- copies of car rental bills/receipts. Most courts will not award you anything for future car rental. So if you have not actually rented a car you won't get anything for that.
-Bring any independent witnesses to the accident.

In most states you are only entitled to car damages and incurred car rental expense. You can ask for time off from work etc. but you have it awarded to you.

Please keep in mind that winning in court is not a guarantee of payment. The court will not go and collect the money for you. You are still stuck trying to collect from the other parties.

Before you sue, let me suggest that you send a letter (or email) to both companies giving them one last chance to settle.

I would include in the letter that you are the innocent party and did not contribute to the accident. You should mention in the letter that one of the companies can pay you in full and then get reimbursement from the other company. Also, don't bother threatening a lawsuit. Adjusters love it when people file a lawsuit because that means that that one of the company lawyers will do most of the work. Instead threaten to file a complaint with the insurance commissioners office. Most adjusters and supervisors hate insurance commish complaints because the adjuster has to explain their actions to the state and that is never fun.

Good Luck

My family and I (husband & 3 kids) were in a car accident in August of 2006. I was the only one hurt in the collision and have had a hard time witth the driver-at-fault car insurance company.

Should I file a claim for all 5 of us or do we file seperate.

I am not trying to scam these people, but we lost a snake, suitcases, baby stroller, $7300 in damages to my truck (they only paid $5200 for damages, I had to pay for my rental car for almost $600. AND i lost out on almost $1700 in lost wages, plus they took the rental car before our truck was out of the shop so my kids couldn't go to school and letter was sent to me informing me they were going to refer me to Social Services and Juevinile Probation!

It has been almost a year and then they told me to send them my medical records……I thought that was something they had to request and pay for?

I sent them a settlement demand letter today requesting they settle for $18,000 for all 5 of us…………Too much?

It's 1 claim with 5 possible exposures but in reality only 2…1 for the injury and 1 for the property damage. If your husband and kids are not injured, there is NO CLAIM–what damages have they suffered that would allow them compensation under the law? Inconvience? Sorry, that's not a compensable 'damage' nor does it meet he definition.

If your damages are $7300 how did they only pay $5200? Did you go thru your insurance company or theirs? If they really did send you a letter about turning you into CPS—WOW, but I have a hard time believing that.

As for your records unless you gave them a signed medical authorization YOU have to get everything and forward it.

$18,000….without knowing what your injury is, can't tell ya.

'All' that happened to me is my car (3rd party insurance only) was damaged in an accident that was not my fault.

The other drivers insurance company is denying my claim, basically because they obviously just don't want to pay me anything. How can little me fight the mighty power of one of the UK's biggest car insurance companies? I can't of course. And it's not cost effective to hire a solicitor.

As I wasn't injured in the accident (and am not interested in pretending I was) is there are company who will take me on with one of these 'no win no fee/100% compensation' deals with no injury involved? I just want to win what is rightfully mine, the damages to my car.

So sorry but I don't know of any claims company which do as you ask. Many years ago I was witness to a similar accident where the persons car was only insured 3rd party. Months later I was asked to make out a witness statement which I hope sorted out the problem. During this period I was talking to the police about the problem and they advised that anyone who is involved in an accident which is definitively NOT their fault, should make sure they are 'injured' so that the police must be called to the scene All details then have to be recorded so the other party and insurance company can't wriggle out of it.

This accident happened on private property, the police would not right a report. I have plpd and she has full coverage. Her ins compnay will only pay me 500 dollars, I have a total of 1500 dollars in damage. Can I take her to small claims court to get the other 1000 dollars. I was told michigan is a no fault state, but im just not sure if I can take her to court???

Yes, take her to small claims.

My health insurance paid my bills in an auto insurnace. The other party's auto insurance is ready to settle but is willing pay the 'negotiated rate/adjusted rate' that my health insurance paid for and not the invoiced rate.

Ex. The actual MRI was billed at $1700 but the negotiated rate my health insurance paid was $400

Secondly, they are paying only 80% of lost wage

They are saying that this legally true citing House Bill 4.

Is this true?

I was under the impression, that they need to pay the total medical expenses (not the negotiated rate) and the total lost wage (not the 80% crap) plus pain and suffering

Please help and guide me

Thanks!
Is it a law to pay 80% of lost wage?
How much would be an appropriate Pain and suffering offer, if the special damages (medical and lost pay) is $6200
Because I pay a premium to my health insurance , we get a discounted rate - would the other party pay more considering I pay a premium every month to get the discounted medical rate?
I live in Texas, is there any specific law for texas?

You can't get paid double your medical bills.. thats called "double dipping"- if they have been partially paid for.. you will only get the amount that wasnt covered. Why should you get paid twice? how is that fair? You didnt win the lottery.. if you arent permenantly injured its the at fault parties responsibility to make sure you have no out of pockets.. which they are.

and likely in your state the at fault partie only pays 80% of lost wages.. thats varies by state.