Options for monetary compensation

[glenhanderson]

What is the name of your state?What is the name of your state? Washington

Since this is our first real accident and not being well-versed on insurance/accident law in the USA (originally from Canada), I'm looking for advice on how to proceed with the at-fault insurance companies (2 of them).

My wife was stopped on a 40mph road due to the car in front of her stopping. She was then rear-ended by one driver who was talking on his cell phone and then hit by a second driver. Our vehicle (1998 in great condition) looks to be a write-off, although no adjustors have looked at it yet due to the long weekend. The officer on the scene indicated my wife was not at fault – that the other drivers were at fault – but I do not know whether the other drivers have been charged with negligence. My wife did visit a doctor immediately after the accident and was prescribed some physical therapy due to back and neck pain – it doesn’t yet look like anything too serious.

Given that the two other drivers were at fault I am trying to figure out how to get the maximum possible compensation due to all the costs we will be incurring from new vehicle with monthly payments, medical costs, additional rental cost (have $30/day coverage but an equivalent vehicle is $55/day), other incidentals, and inconveniences. I want to make sure we make the right decisions before committing to anything with our insurance company or the other insurance companies. Should I retain a lawyer?

Originally Posted by glenhanderson

What is the name of your state?What is the name of your state? Washington

Since this is our first real accident and not being well-versed on insurance/accident law in the USA (originally from Canada), I'm looking for advice on how to proceed with the at-fault insurance companies (2 of them).

My wife was stopped on a 40mph road due to the car in front of her stopping. She was then rear-ended by one driver who was talking on his cell phone and then hit by a second driver. Our vehicle (1998 in great condition) looks to be a write-off, although no adjustors have looked at it yet due to the long weekend. The officer on the scene indicated my wife was not at fault – that the other drivers were at fault – but I do not know whether the other drivers have been charged with negligence. My wife did visit a doctor immediately after the accident and was prescribed some physical therapy due to back and neck pain – it doesn’t yet look like anything too serious.

Given that the two other drivers were at fault I am trying to figure out how to get the maximum possible compensation due to all the costs we will be incurring from new vehicle with monthly payments, medical costs, additional rental cost (have $30/day coverage but an equivalent vehicle is $55/day), other incidentals, and inconveniences. I want to make sure we make the right decisions before committing to anything with our insurance company or the other insurance companies. Should I retain a lawyer?

What does your insurance company say about this?

[glenhanderson]

The adjustor was just running off for the long weekend as I was submitting the claim on Friday afternoon and she isn't back until tomorrow so we haven't had much of a chance to talk. All I know is that they want cut a check for the vehicle ASAP after they inspect it. We haven't yet connected with the person responsible for personal injury.

I'm just trying to get my ducks lined up for tomorrow. Thanks.

Keep your ducks away from this guy:

[url]www.savetoby.com[/url]

[stephenk]

"Given that the two other drivers were at fault I am trying to figure out how to get the maximum possible compensation due to all the costs we will be incurring from new vehicle with monthly payments, medical costs, additional rental cost (have $30/day coverage but an equivalent vehicle is $55/day), other incidentals, and inconveniences."

Here is what will happen. The two carriers will need to inspect the damage to your car. If it is a total loss, the two carriers will pay you the fair market value of your car. You will not be compensated for having to buy a new car with monthly payments.

You drive a 7 year old car. An equivalent rental should not be $55 a day. for $30 a day you can get a pretty good medium size sedan. Is your vehicle specifically needed for work or some other activity that requires you to get a similar car?

You only had the accident a couple of days ago. Wait until your wife completes her treatment before you start thinking about settlement for her injuries. Remember, when discussing settlement always talk about the total amount you want from both carriers. Don't try and settle with one and then the other. Just use a total amount and if both carriers agree let them figure out who pays what portion.

[stephenk]

I just realized your own carrier will be taking car of your property damage. The same information applies regarding value and rental. Your carrier will then go after the other two carriers for reimbursement.

Be sure and ask your adjuster to waive the deductible for your collision coverage. If the adjuster balks, just remind him/her that the other parties are insured and your carrier will be reimbursed by their carriers. Depending on how nice you are, some carriers will comply with your request.

[glenhanderson]

Thanks for the feedback Stephen. It's much appreciated. I hear what you are saying on the vehicle value and personal injury situation.

I don't quite get the logic of coming up with an "equivalent" rental car value. It's not like I can go out and rent an equivalent 7 year old vehicle. I have to take a 2005 vehicle. My wife carts around our 2 kids to pre-school and other various events as well as a third kid on occasion. The damaged vehicle was a Jeep Grand Cherokee. For $30 they wanted to rent us a Corolla. A Malibu was about $54. A Chevy Trailblazer was $55 (which is the size equivalent of the Jeep or a little more). This is with 18% tax and all.

[stephenk]

if you need a similar size vehicle, pay the extra money. When done with the rental, present the amount you paid above your coverage to the other carrier and demand reimbursement.