Can never win

[footballaf02]

What is the name of your state? I Live/my policy is in New Hampshire, accident and other driver's policy is in Massachusetts.


I owe 10,000 2002 BMW 330 Ci fully loaded vehicle. (I say that as i own the majority of the vehicle and it is not leased) Another driver who was merging onto the freeway, lost control of his vehicle when he hit a patch of ice and struck mine. He then pushed me into the center divider where I made contact with that.

The BMW dealership estimates $20,000 in damage which will most likely go up when they take the car apart. However, it will be 4 weeks before they get to it due to heavy volume of car repairs and then it will take 4 weeks to fix. The other guys company who I am going through with the claim, sent a lackluster appraiser out who estimates 10k in damage. The other company only wants to pay for $10k and they only want to pay for a rental for 4 weeks since that is the amount of time it will take to fix the car....they claim it is my fault that i took it to a place that is that backed up with repairs for 4 weeks.

Also the car is 4 months old and has 4,000 miles on it. The dealership estimates severe roof damage and that the driver side door will not close right even though i was struck on the passenger side of the car (hinting at severe unabody damage). The car will never have its full retail value due to the extensive damage....

Meanwhile, I am paying insurance on a $42,000 vehcile and am being rented a $15,000 car.

I do not want to take delivery of the vehicle even if they somehow decide to pay for the repair bill sicne it will not be the same. what am i entitled to do? (can i claim dimished value on a 4 month old car?)

alos, the other company has claimed 100% libility since their insured lost control of his vehicle.

 

[stephenk]

you can always make a claim with your own insurance carrier. Why you ask? Because first, your own carrier owes you a duty to deal with you in good faith. The other carrier doesnt.
Second, the work will be guaranteed if done through your own carrier. Any further problems you can go right back to your carrier for additional repairs. Not so with the other carrier. Once you sign a release with the other carrier, that's it. No second bite of the apple.

Plus, your carrier will then go after the other carrier for reimbursement of the money they paid for your repairs including any deductible you paid.


You can always just sue the other driver for the actual damages to your car plus rental and diminished value.

 

[footballaf02]

Thanks for the advice. I am begining to lean towards filing with my own company.

Never before have I experienced something where I am not at fault at all, but have to scratch and claw just to get back to where I was. Hell, I am scratching and clawing to try to get NEAR where I was before the accident....it is looking like it is a losing battle.

Again, thanks