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Questions about claim

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Scary

Junior Member
What is the name of your state? TX

Hi,
My wife got rear ended and there is no dispute that the other driver (D1) was at fault.

We filed a claim with D1's insurance and rented a car. D1's insurance deemed my 1995 minivan totaled. I only had liabilty insurance on the van. I went to KBB and NADA websites and got a value of about $3800.00 from both as well as searching for my year/model in classifieds and prices were about the same +-$300.00 although I couldnt find one within a couple of hundred miles from my house. D1's insurance offered me $2100.00 and said they use Edmunds which did have the value at $2100.00. Here are my questions:

1. How long do they need to pay for the rental car? I read that they only need to pay for it once it is deemed totaled but that was last week then 4 days after that is when they offered me the $2100 which is unacceptable since I cannot find an equal value vehicle for that amount.

2. Someone told me I can demand they replace my van with a similar one. Is that true? (doesnt sound like it would be)

3. If I find the value of $3800 in several sites/classifieds, should I expect the next offer, which should be coming this morning, close to that?

Thank you very much for the time and I will have more questions but these are the one's I need answered now.
 


Scary

Junior Member
As an update, the claim adjuster handling the van just offered me 3300 for the van. He also said it is his understanding that the van was deemed totaled on 07/24 and thier responsibilty for the rental ended at that time even though they didnt make me an offer at that time. Also, he said they couldnt cut me a check until they get a police report and determine liablility. I got the police last Friday. Can they drag on this...
 

attnysteve

Junior Member
1. How long do they need to pay for the rental car?

In general, once they make you a total loss offer, their obligation to provide you a rental car stops. Many insurance companies will give you a few extra days to turn it in though.


2. Someone told me I can demand they replace my van with a similar one. Is that true?
Nope. The insurance company's obligation is to repair or replace. In total loss cases, replacement means they only have to offer you the value of your vehicle as it was at the time of the loss.

3. If I find the value of $3800 in several sites/classifieds, should I expect the next offer, which should be coming this morning, close to that?

That depends on how accurate your value findings were. The value of the vehicle isn't necessarily what you could try to sell it for, but what the true value of the vehicle is. A good way to get the value range of your vehicle is to get the trade in valeu, the private party value, and the retail value. The insurance company will almost never offer you the retail value. The offer should fall between the trade in value and the private party value (if you have fairly evaluated the vehicle's condition). If you get an offer equal to or greater than the retail value, you either uner-appreciated your car as you looked it up, or you should take the money and run.
 

Scary

Junior Member
Thank you for replying Steve.

The thing is, they deemed the car a total loss on 07/24 but did not make an intial offer until 07/31. Should'nt they be obligated to pay the rental until they at least make an initial offer. Also, now he tells me they wont cut me a check until they get a police report which I was able to get last week.
 

attnysteve

Junior Member
Yes, I agree that if they are the ones who caused the delay in your notice of their determination, they should bear the cost of that delay, not you.

Based on what you describe, I can almost guess which company you are dealing with, but it likey goes outside forum rules to lable them.

Best wishes on the struggle. Stick to your guns about the paying of the rental through the date they actually informed you. If you end up paying for it, send them the bill and keep fighting. Make sure that any check they send for the property damage does not have release language on it, and don't sign any releases until you have satisfaction of the rental issue.

If worst comes to worst, you can file in small claims court for the rental issue, but be sure that everything else is wrapped up first (otherwise your small claims court case could end up closing any of your other claims).
 

Scary

Junior Member
Just another update:

I talked to another adjuster, I guess it is the main one, the first one is just handling the property (van).

Anyway, she said she was looking over the police report now and will send approval for the check to be cut this afternoon and that the rental would be covered until today.

I guess I will settle for the $3300 for the van since keeping the rental will end up taking any other money I can get from it.

I will be having more questions in the near future concerning the other part of the settlement,

I would like to thank attysteve very much for his input.

Larry
 

Melinda Davies

Junior Member
Are you dealing with Allstate? I have a similar case with my son car and we are having a hard time getting them to pay for loss of use. How did you come out?
 

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