property damage settlement

[SANDWICHED]

What is the name of your state? SC

i had previosly posted in rearended and sanwiched... i had settled my property damage on my total loss claim with at-fault drivers insurance company, the papers I signed and faxed stated that the amount of my payoff would be sent to my leinholder and the remainder to me... well after calling to check on claim, I was told that they had sent the check in the entire amount to the leinholder in both the leinholders and my name.. I called my leinholder to inform them of this and they reassured me that when the check arrived they would call me and I could come up and sign the check and they would cut me a check minus the amount for the payoff of the lein at the date of loss... then a couple of days later they called again and said the check arrived with only their name on the check (???) and they were going to cut a check and mail it out immediately. Wasn't this unethical (or illegal) of the insurance company, provided that my leinholder had already phoned them telling them the payoff amount at the time of loss to my car??

Also, if the at-fault driver has two cars on his policy (since he had minimum coverage), can't I sue off of both since my damages, medical, lost wages and pain and suffering are well exceding his limits on $15,000? I'm still out of work, had MRI yesterday, and looking at more medical and lost wages everyday...Reply appreciated.

[JETX]

Originally Posted by SANDWICHED

Wasn't this unethical (or illegal) of the insurance company, provided that my leinholder had already phoned them telling them the payoff amount at the time of loss to my car??

No. It was what, in the legal world, is called an 'error'.

error
n.
1. An act, assertion, or belief that unintentionally deviates from what is correct, right, or true.
2. The condition of having incorrect or false knowledge.
3. The act or an instance of deviating from an accepted code of behavior.
4. A mistake.

Also, if the at-fault driver has two cars on his policy (since he had minimum coverage), can't I sue off of both since my damages, medical, lost wages and pain and suffering are well exceding his limits on $15,000?

ROTFLMAO!!! Unless both of his/her cars hit you, no.

I'm still out of work, had MRI yesterday, and looking at more medical and lost wages everyday...Reply appreciated.

Then make sure you don't sign a personal injury release!!

[SANDWICHED]

Originally Posted by SANDWICHED

What is the name of your state? SC

i had previosly posted in rearended and sanwiched... i had settled my property damage on my total loss claim with at-fault drivers insurance company, the papers I signed and faxed stated that the amount of my payoff would be sent to my leinholder and the remainder to me... well after calling to check on claim, I was told that they had sent the check in the entire amount to the leinholder in both the leinholders and my name.. I called my leinholder to inform them of this and they reassured me that when the check arrived they would call me and I could come up and sign the check and they would cut me a check minus the amount for the payoff of the lein at the date of loss... then a couple of days later they called again and said the check arrived with only their name on the check (???) and they were going to cut a check and mail it out immediately. Wasn't this unethical (or illegal) of the insurance company, provided that my leinholder had already phoned them telling them the payoff amount at the time of loss to my car??

Also, if the at-fault driver has two cars on his policy (since he had minimum coverage), can't I sue off of both since my damages, medical, lost wages and pain and suffering are well exceding his limits on $15,000? I'm still out of work, had MRI yesterday, and looking at more medical and lost wages everyday...Reply appreciated.

***I know it wasnt a mistake but a coy to demean me, they (the ins co) has been nasty from the word go.
***And as for the last statement I made, I have personally seen this done by a lawyer of a family member-yet I will probably need a lawyer to do it for me. I was hoping one of the more legally knowledgable members to reassure me of this.

only serious and intelligent replies needed and wanted. thanks

[Lynx 36]

Originally Posted by SANDWICHED

***I know it wasnt a mistake but a coy to demean me, they (the ins co) has been nasty from the word go.
***And as for the last statement I made, I have personally seen this done by a lawyer of a family member-yet I will probably need a lawyer to do it for me. I was hoping one of the more legally knowledgable members to reassure me of this.

only serious and intelligent replies needed and wanted. thanks

This question was answered in your other post on this same accident. You cannot use both vehicles to collect your so-called insurance lottery winnings on. Like the previous poster said it comes off the policy of the car who hit you. Just b/c you don't get the answer you want doesn't mean anyone here is being mean or nasty to you. It's just hard to be patient w/ poster's like you. You refuse to accept the obvious answer and continue to argue and post different threads, fishing f/ the answer you hope to get, not necessarily the correct one.