Neighbor hit my truck parked in driveway and sent it through garage door

[PayrollHRGuy]

thank you adjuster jack. i was hoping i would get some usable info and what you say makes sense. since its going to be in small claims for the rest of the claim, the insurance company will not have a voice in the matter. Does my neighbor have to even have to inform them?

What makes you think the insurance company won't have a voice in the matter. The neighbor may call them and say, "Hey I'm being sued for that wreck. Help!!" and the insurance company will.

He doesn't have to inform them but he would be stupid not to.

 

[Zigner]

What makes you think the insurance company won't have a voice in the matter. The neighbor may call them and say, "Hey I'm being sued for that wreck. Help!!" and the insurance company will.

He doesn't have to inform them but he would be stupid not to.

Read the entire thread again - insurance has already paid and the OP has already cashed the check(s). The OP isn't happy with what's been paid so far, so he wants to sue for more. The OP thinks his 17-year old pickup truck is worth twice what it's actually worth...

ETA: The OP thinks the neighbor won't fight it once she's sued.

 

[PayrollHRGuy]

I missed that with all the talk of the magical Nissan.

I see you pointed out as well that he may well have signed a waiver when he got the checks.

But couldn't the insurance company still step in and defend the policyholder if the OP sued?

 

[Zigner]

I missed that with all the talk of the magical Nissan.

I see you pointed out as well that he may well have signed a waiver when he got the checks.

But couldn't the insurance company still step in and defend the policyholder if the OP sued?

They are obligated to defend their client if this goes to court, however, that may be a matter of letting their client appear in small claims and paying if a judgment is rendered against their client. The client is obligated to assist in her own defense, so the insurance won't pay if the client just skips the hearing and a default judgment is rendered. Of course, the insurance company may also request that the matter be removed to a higher court so that they can properly defend their client.

 

[PayrollHRGuy]

They are obligated to defend their client if this goes to court, however, that may be a matter of letting their client appear in small claims and paying if a judgment is rendered against their client. The client is obligated to assist in her own defense, so the insurance won't pay if the client just skips the hearing and a default judgment is rendered. Of course, the insurance company may also request that the matter be removed to a higher court so that they can properly defend their client.

Exactly, which fits well with my #16 post.

The OP seems thinks if he sues the insurance company can't have anything to do with it. I was trying to rid him of that misconception.

 

[jstthatguy]

first, i havent cashed the checks. second, you guys are making it out to be like im trying to pull a scam which im not. Third there is more then just the vehicle part of the claim that the insurance company is playing games about. Im just asking some questions because safeco IS undervaluing and delaying my claim. I want my tools and garage door replaced because they are broken. The questions about punitive damages are because im pissed about how they are trying to screw me. My claim didnt include any lost wages or vehicle rental costs. Since they are playing games and making things difficult then im not going to let them off the hook. Obviously this forum is a joke and not actually objective or useful. Anyone that has so much time in their day to respond to posts all day needs to assess what the are doing with their life. Trolls are sad little creatures.

 

[PayrollHRGuy]

So are people that ask for advice and then get upset when the advise doesn't match their wishes.

 

[jstthatguy]

So are people that ask for advice and then get upset when the advise doesn't match their wishes.

comment wasnt directed towards you.

 

[Zigner]

first, i havent cashed the checks. second, you guys are making it out to be like im trying to pull a scam which im not. Third there is more then just the vehicle part of the claim that the insurance company is playing games about. Im just asking some questions because safeco IS undervaluing and delaying my claim. I want my tools and garage door replaced because they are broken. The questions about punitive damages are because im pissed about how they are trying to screw me. My claim didnt include any lost wages or vehicle rental costs. Since they are playing games and making things difficult then im not going to let them off the hook. Obviously this forum is a joke and not actually objective or useful. Anyone that has so much time in their day to respond to posts all day needs to assess what the are doing with their life. Trolls are sad little creatures.

Best of luck to you.

 

[jstthatguy]

Thank you. im sure i will do just fine.