Accident away from home

[racer6]

Hello, I live in Texas and last friday was involved in an auto accident about 400 miles from home. I rear ended a truck which hit a school bus. The only injuries were to the passenger in the truck I hit. It was raining and very slick. The school bus was stopped with no lights flashing,etc.There are several witnesses to this, including the driver and passenger of the truck I hit, the driver of the car that nearly hit me in the rear,and several others. The driver of the truck I hit and the school bus driver had to be seperated at the scene due to argument over lights. I was not cited for anything, and had only soreness, no serious injuries though,luckily as my airbags failed to deploy upon a front impact at approx 40-50mph.
My insurance company is now telling me that I will have to have the truck repaired in the Dallas/Ft.Worth area as the cost of getting the truck back home is to much, and the policy according to them "they will transport a reasonable distance" ,when asked to define reasonable, they wouldn't, they just said that 400 miles is unreasonable.
The repair estimate is approx $7000.00, not counting damage to tow package where it was ripped from frame by my trailer. The estimator missed this and the insurance company says no problem, they will cover concealed damage.Worst of all the frame is bent.With this kind of damage is it unreasonable of me to expect the insurance company to get this truck closer to my home for repairs? I don't have the time to go 400 miles and suspect that this will require multiple trips to repair shop. Any info would be appreciated. Thanks

 

[lawrat]

I am a law school graduate currently awaiting Bar results. What I offer is mere information, not to be construed as forming an attorney client relationship.


Okay, I have very little experience with insurance law but this is my two cents. You get insurance to protect YOUR interests. If you were NOT cited for anything (probably because the bus driver WAS at fault for no lights, etc. and it was slick) then your insurance company should do what they can in their power (if they want to keep you as a customer) to accomodate you.

REASONABLE: Is a very ambiguous term and is not just what they say all by themselves. Insurance is supposed to cover you anywhere you are. Okay, so this is what you do:

1) Read the sections on auto accidents, auto insurance and ESPECIALLY AUTO INSURANCE BAD FAITH.

2) You make sure you get ALL the estimates for repairs (hidden and non) and then you tell them that 400 miles is TOO far for you to ensure proper mechanical repair. This is because you will not REASONABLY be able to keep an eye on the repair work. Then you tell them that if they INSIST on doing this, if the car is NOT repaired correctly in the first place, they are responsible for any and all subsequent repairs and at no additional cost to you and at no raise in your premiums later for you. Also, because they INSIST on getting it repaired that far away (against your opinion), then THEY SHALL be responsible for any and all tows.

3) If they refuse,you tell them they will be reported to the Insurance Commissioner AND the Better Business Bureau (for fraud issues dealing with your insurance coverage)

hope this helps.

 

[Tracey]

Hey racer,

Both sides have valid concerns. The ins.co. is not willing to pay a tow truck to haul your truck 800 miles round trip. Since this would cost a lot, I don't blame them. On the other hand, you reasonably assume that you will have to make a few trips down to the shop while the truck is repaired. This will cost you lots of time and gas money and hotel bills. Also, you'll be too far away to get the repair shop to fix anything they did wrong the first time.

I propose a compromise. Ask the insurance co how much they would expect to pay to transport the truck a 'reasonable distance.' Rent a 14' U-Haul and a full car trailer (all 4 wheels on trailer bed) and haul the truck home yourself. Have the ins. co. pay the rental fees & gas if you do the driving. If the total is more than their 'reasonable' transportation amount, ask if they will pay that amount if you pick up the difference. Go to the claims adjuster's office in person. You're much more likely to get the adjuster to agree face to face.

You have a right to have repairs done by the mechanic of your choice. Even if the ins co won't pay anything towards the UHaul, if you feel strongly enough about bring the truck home for repairs, rent the UHaul yourself. Then file a claim for reimbursement of towing/transportation costs.


Good luck,
Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.