vehicle claim

[nancyt588]

What is the name of your state? CA
My sister got to an accident a couple of weeks ago and my insurance company, farmers, said that the car was totaled. Also, there was another car 2 other car involved in the accident. While my sister was driving on the road, a car hit her from behind, which cause her to hit the car in front of her. The insurance company stated that they can only pay up to 5,000 dollars becuase that is the at-fault coverage policy. they sent her a bill stating that they will pay her 3,200 dollars, so she signed the release form. Now, the insurance company said that they can only pay my sister 2,691. Also, my sister's car is a 1995 Toyota camry. How would I negotiate with the insurance company? Also, I wanted to know, if I was to check the price at the Kelley Blue book online site, what do I click? Do I click the button where it says "trade in value?" thanks in advance.

 

[moburkes]

There isn't going to be anything that she can do. The other party had the state minimum amount of insurance, and didn't have enough property damage coverage to pay all of the claims. The insurance company simply took that $5k, and divided it up. If she accepts the money, there will be a form that she is required to sign stating that acceptance will bar her from future claims of the at fault party.

 

[nancyt588]

claim

thanks. If my sister's car was totaled, doesn't the insurance company have to pay the actual cash value, not below it? Also, they said that she would get 3,200 already, but then they change it to 2,691. Can't I do something about it? thanks

 

[ecmst12]

No, the AT FAULT PARTY is responsible for the full value of the car. The at fault party's insurance company only has to pay out as much coverage as the driver has purchased. You can try to sue the other driver directly for the additional amount but if he/she doesn't have any assets, then collecting will be difficult.

You can also make a claim on your own underinsured motorist policy if you have one.

 

[alnorth]

thanks. If my sister's car was totaled, doesn't the insurance company have to pay the actual cash value, not below it? Also, they said that she would get 3,200 already, but then they change it to 2,691. Can't I do something about it? thanks

Basically, the insurance policy has only $5,000 available total, and you are apparently not the only one trying to collect. If they had a decent amount of coverage youd get the cash value, but as it is, they are offering you a portion of the policy. You can take it, or refuse and sue the policyholder personally.