Total Loss?
03-09-2010, 08:18 AM
#26
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98 E300
If you have collision coverage from YOUR insurance, go through that. They'll pay the full amount, minus your deductible and they'll take care of subrograting/suing the other party for you. If/when they win, you'll get paid your deductible, too.
03-09-2010, 06:41 PM
#27
Super Member
Well, it looks like it's going to be bad news. The adjuster is here and he told me the person who hit me only has a $5,000 liability max. He said anything above that I would have to go through a small claims court and get it through them.
He is writing up the estimate now but he said it looks like it'll be in that ball park.
Is that how it usually works?
He is writing up the estimate now but he said it looks like it'll be in that ball park.
Is that how it usually works?
See you on Judge Judy.
03-09-2010, 07:07 PM
#28
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2001 E55 - 2008 CLS63 -2016 F-150
Wait for the total estimate .. Have your insurance collect what they can from the other party and they should cover the rest .. And if you find a decent shop they might pay your deductible to you insurance if they are willing to cover what else is left that the other party cant cover .. you should really talk to you insurance .. After they adjust it maybe even take to benz dealer and have them give you estimate see the actuall total for damage just incase the insurance adjuster missed somthing ..This is if you had full coverage liability ..
03-10-2010, 08:57 AM
#29
Senior Member
Thread Starter
What a pain in my a... this is!!
They gave me a quote from Geico for $4600. The guy has a $5000 cap. The adjuster told me there is probably about $2-3k more in damage and won't know until the car is apart. Either way I only get 5k from them, then I have to go to small claims court.
I tried getting another estimate for the car at a body shop but they need the car for a couple of days. Geico won't give us a rental. If I go through my insurance it's a claim and my insurance goes up.
Why do insurance companies give the 5k option on liability?
If i go after this kid It'll be more of a headache cause he probably has no $$ to give. The car he crashed my wife with was an old Escort wagon.
This sucks
They gave me a quote from Geico for $4600. The guy has a $5000 cap. The adjuster told me there is probably about $2-3k more in damage and won't know until the car is apart. Either way I only get 5k from them, then I have to go to small claims court.
I tried getting another estimate for the car at a body shop but they need the car for a couple of days. Geico won't give us a rental. If I go through my insurance it's a claim and my insurance goes up.
Why do insurance companies give the 5k option on liability?
If i go after this kid It'll be more of a headache cause he probably has no $$ to give. The car he crashed my wife with was an old Escort wagon.
This sucks
03-10-2010, 09:29 AM
#30
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In my experience (USAA for insurance and NH as home state at the time), I had two claims that weren't my fault over a 18 year period. In both cases, I went through my insurance, they found the other party at fault, paid my claim minus the deductible and I got the deductible check in the mail a few months later. In neither case did my rates go up.
In the first case, I started working through the other guy's insurance and it was just a complete pain in my *** (low-balling, telling me incorrectly what damage was pre-existing, where I could get the car fixed, etc). I finally got fed up with them and called my insurance company to ask for help/advice and they recommended I just go through them and provided the other driver was found at fault, my rates wouldn't change. (They did explain the timing of the deductible payment, which was fine with me.)
Your insurance company might be different; your state rules might be different, etc. But I doubt you can get that car fixed right for $4600 (especially if it "doesn't drive straight"!) and even if you do end up paying an extra $500/yr for 3 years, if your insurance company pays out $7000 and it's less hassle for you, you still come out ahead. (And if you get no surcharge for it, you come out WAY ahead...)
And if you end up suing the kid, even if you end getting no money out of him, you at least put a civil claim on his credit report, which will cost him money over the next 5-7 years everytime he tries to borrow money. That's a little bit of karma, but also puts some pressure on him to actually pay you.
In the first case, I started working through the other guy's insurance and it was just a complete pain in my *** (low-balling, telling me incorrectly what damage was pre-existing, where I could get the car fixed, etc). I finally got fed up with them and called my insurance company to ask for help/advice and they recommended I just go through them and provided the other driver was found at fault, my rates wouldn't change. (They did explain the timing of the deductible payment, which was fine with me.)
Your insurance company might be different; your state rules might be different, etc. But I doubt you can get that car fixed right for $4600 (especially if it "doesn't drive straight"!) and even if you do end up paying an extra $500/yr for 3 years, if your insurance company pays out $7000 and it's less hassle for you, you still come out ahead. (And if you get no surcharge for it, you come out WAY ahead...)
And if you end up suing the kid, even if you end getting no money out of him, you at least put a civil claim on his credit report, which will cost him money over the next 5-7 years everytime he tries to borrow money. That's a little bit of karma, but also puts some pressure on him to actually pay you.
