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3rd party claimant

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J

jblack1175

Guest
What is the name of your state? Texas

3 weeks ago, my 1.5 year old Honda Prelude in electron blue pearl (only 150 of them made in that color in an automatic) was hit by a 1998 Suburban in the back right quarterpanel, and sustained heavy damage. Texas is an at-fault state; the other driver was issued a citation for running a stop sign, and their insurance company accepted liability. But, needless to say, we've been getting the run around since.

The car is undrivable. It was towed to a body shop we have used before and their shop is one of the best in the area. We have a rental car. But it's taken the insurance agency THREE WEEKS to get us an estimate, and now that we've finally got it, I'm 99.9999999% positive that it's too low.

My biggest problem is that this car was in mint condition prior to being blind sighted by this Suburban, and it WAS worth more money than I owed on it. Now that it's been wrecked, it's obviously not going to be worth what it was, and I doubt it'll be worth even what I owe.

I do NOT want to end up with a car that's going to have problems, and then turn me upside down in my loan. But these people at the insurance agency are not being cooperative. Is there anything I can do?

On a side note, I had a pair of Maui Jim sunglasses that got broken in the accident. We paid $185 at the time because the exchange rate was in favor of the US when we got them online. Now, because of the exchange rate, to buy them from the same shop is much more expensive, and we can't buy them locally for less than $250. But, surprise surprise, the insurance company at fault is only willing to give us the $185. We want them to REPLACE the glasses. I want the exact same ones. I'll even let them go buy them and send them to me. But they're telling us they can't do that.

I think they can.

Do I need a lawyer?


Thanks.

J. Black
 
Last edited:


racer72

Senior Member
If your car is so valuable, why didn't you insure it as such? You underinsured your vehicle and you get to reap the rewards of your savings. You can hire yourself an attorney but it will still end up costing you money in the long run. Welcome to the world of dealing with insurance companies and as I have found out personally in recent weeks, you are not going to like the results.
 

JETX

Senior Member
"Now that it's been wrecked, it's obviously not going to be worth what it was, and I doubt it'll be worth even what I owe."
*** I am assuming you are making this statment based on 'diminished value', correct?? There are lots of issues as to whether this is a valid issue or not, and there is even some case law on it. You might want to check out the following:
http://www.insurancejournal.com/news/newswire/national/2002/11/01/24046.htm
http://info.insure.com/auto/collision/diminishedvalue2.html
http://www.bodyshops.com/value.html

The Texas Department of Insurance says that an insurer does NOT have to pay for diminished value:
http://www.tdi.state.tx.us/commish/bulletins/b-0027-0.html

In any case, you might want to enlist the services of a appraisal service that specializes in such issues. Some are:
http://www.storesonline.com/site/430548/page/99131
http://autoappraise.net/index.html

As for the issue of the sunglasses, take them up on the $185.00. Since the sunglasses you have are USED, the insurance company isn't obligated to replace them with new. I would imagine that sunglasses have hell of a depreciation curve. Ebay has them new for less than that!!
 
J

jblack1175

Guest
racer72 said:
If your car is so valuable, why didn't you insure it as such?

MY car is insured. It is well insured and has full coverage. The accident, however, was not my fault. I stated that TX is an at-fault state, and I have to deal with the other party's insurance.

JB
 
J

jblack1175

Guest
JETX said:
*** I am assuming you are making this statment based on 'diminished value', correct?? There are lots of issues as to whether this is a valid issue or not, and there is even some case law on it. You might want to check out the following:
Thank you for the links, I'll definitely check them out. :)

As for the issue of the sunglasses, take them up on the $185.00. Since the sunglasses you have are USED...
My sunglasses weren't even a year old. And the insurance agent said the depreciation on the glasses was minimal. But he was "putting us in the same financial shape that we were in before we bought the glasses." MY insurance agent, however, said they would just replace the glasses. That's what I want. They can go buy them, keep the receipt, I don't care. But I shouldn't be out any money, and I certainly haven't used them $100 worth in less than a year when the total cost was barely twice that and they come with a lifetime warranty.


Maybe this seems trivial to others, but the point is, my property has been damaged by no fault of my own, and I shouldn't have to be out money in the short run, long run, or any run. I know I will in some form or fashion, but it's still bull****, in my opinion.


JB
 

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