Advice for Someone Whose Car Was Hit by Driver w/Same Car Insurance?!

Discussion in 'Miscellaneous' started by Ro_Laren, Jan 7, 2014.

  1. Ro_Laren

    Ro_Laren Commodore Commodore

    Joined:
    Dec 12, 2004
    Location:
    The Badlands
    Normally you can somewhat trust your own car insurance agent when you get in a car accident when it is another driver’s fault. They’ll fight for you ‘cause they want the other insurance company to pay for the damages to your car instead of them paying for it. You really have to worry about the faulty driver’s car insurance company ‘cause they will try to low-ball the claim amount that they’ll pay to you. However, what happens when the driver that hit you has the same car insurance as you??? Some of my friends are in this predicament now. They were hit last week and the cop who wrote the incident report incorrectly wrote on the report that my friends and the faulty driver were insured by different companies. My friends called their car insurance company the next day and told them what happened. The following day they learned that the person that hit them has the same car insurance as them. That stinks because my friends probably would have had a different conversation with their car insurance company had they known that they had the same insurance as the faulty driver. What do my friends do now? They can’t trust that their own insurance company will fight for them seeing as it is in the best interests of said company to settle for as low a claim as they can ASAP.

    Some interesting facts & some additional questions:

    • My friend’s car was totaled and after the accident my friends they were taken in an ambulance to the hospital while their car was towed away. The hospital they were taken to is not a good hospital. They are therefore going to be visiting some doctors and get some scans done to learn about the full extent of their injuries.
    • The insurance company said there will be a separate adjuster for their car expenses than for their medical expenses. If my friends accept the offered car claim amount then can that prohibit / hinder them from getting the deserved medical claim amount?
    • My friend’s insurance company wants to deduct their deductible from their offered claim amount. However, I saw on multiple car insurance web-sites that normally if you aren’t at fault then your car insurance companies would try to recover the deductible amount from the insurance company of the faulty driver. Obviously, the insurance company in this case will not try to recover the deductible from themselves! Anyone have any suggestions how my friends can handle this?
    • The car claim adjuster didn’t factor into the low-ball claim amount all of the upgrades to my friend’s car like leather interior, a hitch they installed on the car, etc. They are also offering about 15% of the cost of the almost $1,000 tires that my friends put on their car 3 months ago.
    FYI, I know that many people would recommend a lawyer, but that isn’t always the best move. Lawyers can charge up to 40% of the winnings and if your lawyer doesn’t win you at least 40% more than whatever low-ball claim you were offered in the first place then you will end up losing money! Plus, lawsuits take a long time and my friends for a new car and for their medical bills ASAP. Any advice???
     
  2. Captain Ice

    Captain Ice Cookie Constructor Moderator

    Joined:
    Dec 30, 2002
    Location:
    Getting Captain Ice on to the naughty list
    Re: Advice for Someone Whose Car Was Hit by Driver w/Same Car Insuranc

    Before they hire a lawyer, they need to hire an independent adjuster of some sort to evaluate what their car is worth.

    I would send the insurance company a copy of the police report, as well as obtain one for myself if this were me. Also, I would tell them that since someone else is at fault, I refuse to file it as a claim on my policy. Any offer that includes a requirement for me to pay my deductible will be refused without even being considered.

    If they don't like either of these, tell your friend to consult with a lawyer.

    EDIT to add: In 1999, my brother totaled my mother's car. The accident was his fault, and their insurance company tried to lowball the value of the damaged car. My parents hired an independent person to evaluate the car and turned a $3000 settlement into a $6000 settlement.
     
  3. urbandefault

    urbandefault Commodore Commodore

    Joined:
    Dec 3, 2013
    Location:
    Sickbay, dammit
    Re: Advice for Someone Whose Car Was Hit by Driver w/Same Car Insuranc

    Tell your friends to consult an attorney. Most lawyers will meet with a potential client at no charge and offer a possible course of action. It doesn't hurt to talk, and a reputable attorney will do everything within the law to make sure your injury (personal or property or both) is taken care of.