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can someone please please help me.

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thomboyd47

Guest
What is the name of your state? Texas
I was involved in an accident about 3 weeks ago. Imagine driving down a 35mph street and someone in the turning lane from the opposite traffic pulls out infront of you when you're passing by them. My driver's side was smashed in, tire was completely flat, and keys would not come out of the ignition. Fortunately no one was injured.
The person who hit me didn't even see me. He was yelling out the window at some people on the sidewalk and just pulled out infront of me to turn into his apartments, without even realizing I was there, giving me 0 time to react and break.
My insurance company calls to tell me that my car is a complete loss. And that they are giving me the blue book value for the car. I also receive a letter from them telling that they denied his claim. His insurance company sends me a letter telling me that I need to contact them right away. So the next day I call them and end up leaving a message for his claims representative who till this day has not returned my call.
My problem is I don't know what my options are. The amount that my insurance is giving me for the blue book value of my car is about $3,000 less than what I owe on my loan. So because this person wasn't watching what they were doing, and was more interested in what was going on on the sidewalk, I am out all the money I put into the car, I am upside down on a loan, and I don't even have a car to show for it. I don't know what I'm supposed to do. Upon the advice of my claims representative I sent them a certified letter explaining my situation, and I added to it that if they do not respond to me I might seek legal representation. But no one has bothered to contact me. Do I even have a case? Why should I be punished because of the negligence of their client, of being in the wrong place at the wrong time.
 


JETX

Senior Member
"My insurance company calls to tell me that my car is a complete loss. And that they are giving me the blue book value for the car."
*** Why is YOUR insurance carrier totally your car??? Your claim should have been filed against HIS insurance carrier.

"I also receive a letter from them telling that they denied his claim."
*** Okay, so that means your insurance company believes that he was at fault.

"His insurance company sends me a letter telling me that I need to contact them right away. So the next day I call them and end up leaving a message for his claims representative who till this day has not returned my call."
*** I would be on the phone to the other insurance company EVERY hour until I talk with someone about my claim against HIM.

"My problem is I don't know what my options are." The amount that my insurance is giving me for the blue book value of my car is about $3,000 less than what I owe on my loan."
*** This issue has been discussed many times on this forum. Simply, the insurance company is only obligated to give you the fair market value of the car.... in its condition immediately before the accident. That has nothing to do with what you owe on the car.

"So because this person wasn't watching what they were doing, and was more interested in what was going on on the sidewalk, I am out all the money I put into the car, I am upside down on a loan, and I don't even have a car to show for it."
*** Not necessarily... what did the other drivers insurance offer??

"I don't know what I'm supposed to do."
*** And we can't help since we don't know how YOUR insurance got into covering YOUR damages..... especially since you say the other driver had insurance (remember, they tried to contact you??).

"Upon the advice of my claims representative I sent them a certified letter explaining my situation, and I added to it that if they do not respond to me I might seek legal representation. But no one has bothered to contact me."
*** How many days have elapsed since you sent the letter??

"Do I even have a case?"
*** Based solely on the information in your post, you might.

"Why should I be punished because of the negligence of their client, of being in the wrong place at the wrong time."
*** I agree. Now you need to get going and try to resolve this.
1) Why is YOUR insurance making an offer to you?
2) Call your insurance AGENT and chew his ass for a while. Ask him/her why they are leaving YOU in the middle of this and for him to get his ass to work HELPING you get just compensation for the damages. After all, this is why you pay them!!
 
S

stacyj777

Guest
Did you have a warranty/extended warranty on you car?
If so, call and get it cancelled and you will get money back from that. That is what just happened to me. I owed about $3,000 after the other insurance company gave me the Blue Book on my car. However, the cancelled extended warranty is going to take a huge chunk out of the balance.
As I was trying to figure out what to do....$3,000 I owe...who has an extra $3,000 to pay off the car loan? I did pray about the situation, and by a miracle the finance company just sent me a letter stating I only owe $1,200.00. This isn't even couting the refund I'll get back from my cancelled extended warranty.
You might try that....you would be amazed at the results.
Good Luck:)
 
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thomboyd47

Guest
you're right

I didn't understand why my insurance was paying me for the car either, but I figured that was procedure. They told me that the other insurance company would be reimbursing my deductable of $500 at the least.

I sent the letter by fax on Monday, and then sent the certified letter on Tuesday so they would have a signed original as well.

At the scene of the accident the gentleman told me that he didn't have an insurance card because he had just signed up for his insurance policy and hadn't received his papers yet. I'm wondering if this has something to do with the reluctance of his insurance company to do anything, because he is a new client. He barely spoke english and the policeman that arrived on the scene spoke two words to me while proceding to speak to the other gentlemen for 10 minutes in Spanish.

Yes, I did call CarMax the next day about the extended warranty and they said as soon as I signed a power of attorney for the car I could come cancel the agreement and get back $1,100.
 

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