Accident and Claim question?

alam · 01-06-2010, 01:34 AM

My car was hit by a teen. He failed to stop at a stop sign. His insurance co. agreed to pay for damage. My car was total because the body shop estimated it cost about $22,000 to fix. My question is: how come my lawyer keep telling me that we should claim with my own insurance co so I can get pay more. Then my insurance co would turn around and sue the other party's insurance co to get back their money. I thought that my lawyer should make a claim on other party's ins. co. for all damage, rental, and medical. So what should I do now? Please give me some advice! Thanks alot for all the help!

bsamoul · 01-06-2010, 01:36 AM

Wow. Why don't you go through your insurance and have them talk to his insurance and they negotiate a deal. Lawyers just want to sue and as long as he claimed fault, then it doesn't even need a lawyer.

nonford · 01-06-2010, 07:07 AM

Have you received a letter from the other parties insurance carrier that they have settled the claim on behalf of their client to cover your loss? Never use verbal agreements in situations like this. Regardless, you should report this incident to your insurance company. This way, you reported it to them and if something comes up down road, they will not have questions as to why you didnt report this to them and potentially cause you grief because you did not notify your carrier of the incident with their required time frame which is usually 24 hours. They can and often will use that against you. REPORT IT!

jibaholic101 · 01-06-2010, 09:41 AM

ouch! sorry to see that your car is done

luv135i · 01-06-2010, 10:02 AM

I dont understand how you can get paid more. If you file your ins first , your deductible will come off the top...Yes they will subrogate the others insurance company to get it back but it will come off the top first...then you cant file and BI claim against your own insurance so you are out there and you cant file UM since they are insured...Only thing I can think of is that they are Underinsured in their PD coverage but you would still file their insurance first and yours would take care of the rest....This seems incorrect unless their are more details we dont know about? And it also depends on which state you live in as some ins requirements vary by state.

aesfah · 01-06-2010, 10:42 AM

$22k for repairing that? there must've been a lot of underlying/frame damage. ur very lucky they want to total it bc the residual value woulda been crap. and yes, definitely contact ur ins co in case there are hiccups down the road -they'll provide u with a no-cost (to u) attorney

alam · 01-06-2010, 12:17 PM

I received a letter from other ins co say that they accept to pay for the damage (but not settle the claim yet). I already called my ins co at time of accident. I live in Oklahoma. I think my lawyer try to do the easier and quicker way so they claim on my own policy. I just don't know if it's a wise choice or not, because normally they have to claim on other party ins co and my ins co with take care what is left over.

jopa489 · 01-06-2010, 05:27 PM

Quote:

Originally Posted by aesfah

$22k for repairing that? there must've been a lot of underlying/frame damage. ur very lucky they want to total it bc the residual value woulda been crap. and yes, definitely contact ur ins co in case there are hiccups down the road -they'll provide u with a no-cost (to u) attorney

+1

I would have estimated that around $10k solely judging by that one picture.

Not sure why you have a lawyer involved at all? Unless you were injured and are seeking additional damages. If you're fine and don't want to get involved in a legal battle then let the insurance companies work it out, get the money, and get a new car.

jpsum · 01-06-2010, 05:39 PM

Once you have accepted the payment, it is over. No more additional claims as they will make you waive the rights to do so once it is settled. So make sure you are satified with the settlement from the other insurance company. If you are not satified with what they're offering to you, that's when you bring in the lawyer.

Remember, don't sign anything from yours or his insurance company until you are satified!!!!

Neutrino45 · 01-06-2010, 07:51 PM

I don't have time to explain in detail but don't listen to your lawyer! Do not claim with your insurance. I just went through claiming through my insurance even though it was the other party's fault. I just picked up my car today. It took 2 1/2 months to fix my car and I was car less for 1 1/2 month of that time!!!

Quote:

Originally Posted by jpsum

Remember, don't sign anything from yours or his insurance company until you are satified!!!!

Listen to jpsum!

pruettfan · 01-06-2010, 07:58 PM

If I were you I would consider finding a new attorney. At the least he should explain what the advantages he believes are from filing with your company. My guess is you are talking to a paralegal or a sleeze bag who wants to get some of your money as easily as possible. Unless you were hurt this should be a simple matter that does not require an attorney.

01-06-2010, 01:34 AM	#1
alam Enlisted Member 5 Rep 32 Posts Drives: 07 e92 335i Join Date: Oct 2005 Location: usa iTrader: (0)	Accident and Claim question? My car was hit by a teen. He failed to stop at a stop sign. His insurance co. agreed to pay for damage. My car was total because the body shop estimated it cost about $22,000 to fix. My question is: how come my lawyer keep telling me that we should claim with my own insurance co so I can get pay more. Then my insurance co would turn around and sue the other party's insurance co to get back their money. I thought that my lawyer should make a claim on other party's ins. co. for all damage, rental, and medical. So what should I do now? Please give me some advice! Thanks alot for all the help! Attached Images
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01-06-2010, 01:36 AM	#2
bsamoul Major General 165 Rep 7,433 Posts Drives: E90 325i Join Date: Feb 2007 Location: Walnut Creek, California iTrader: (2)	Wow. Why don't you go through your insurance and have them talk to his insurance and they negotiate a deal. Lawyers just want to sue and as long as he claimed fault, then it doesn't even need a lawyer. __________________ -Brian 2X 2006 BMW 325i [Electric Red & Mystic Blue] \| ZPP \| V1 \| Rear Fogs \| M3 Lip Spoiler \| EAS RemoteKey \| BMS Powerbox \| Projector90 Headlights w/ LED AE \| LED plate lights \| OEM Blacklines http://www.tech-shine.com
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01-06-2010, 07:07 AM	#3
nonford Private First Class 8 Rep 103 Posts Drives: 2011 335d, 2019 X3 Join Date: Jun 2009 Location: New Mexico iTrader: (4)	Have you received a letter from the other parties insurance carrier that they have settled the claim on behalf of their client to cover your loss? Never use verbal agreements in situations like this. Regardless, you should report this incident to your insurance company. This way, you reported it to them and if something comes up down road, they will not have questions as to why you didnt report this to them and potentially cause you grief because you did not notify your carrier of the incident with their required time frame which is usually 24 hours. They can and often will use that against you. REPORT IT!
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01-06-2010, 09:41 AM	#4
jibaholic101 Brigadier General 160 Rep 3,496 Posts Drives: women wild Join Date: Nov 2008 Location: Charleston, SC iTrader: (0)	ouch! sorry to see that your car is done __________________ some italian, german, and japanese ones; and on order more of the same
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01-06-2010, 10:02 AM	#5
luv135i Major 60 Rep 1,073 Posts Drives: White Join Date: Nov 2009 Location: GA iTrader: (0)	I dont understand how you can get paid more. If you file your ins first , your deductible will come off the top...Yes they will subrogate the others insurance company to get it back but it will come off the top first...then you cant file and BI claim against your own insurance so you are out there and you cant file UM since they are insured...Only thing I can think of is that they are Underinsured in their PD coverage but you would still file their insurance first and yours would take care of the rest....This seems incorrect unless their are more details we dont know about? And it also depends on which state you live in as some ins requirements vary by state.
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01-06-2010, 10:42 AM	#6
aesfah Max Powers 27 Rep 271 Posts Drives: E90 330i Join Date: Mar 2009 Location: MoCo, MD iTrader: (0)	$22k for repairing that? there must've been a lot of underlying/frame damage. ur very lucky they want to total it bc the residual value woulda been crap. and yes, definitely contact ur ins co in case there are hiccups down the road -they'll provide u with a no-cost (to u) attorney
	Appreciate 0 Quote

01-06-2010, 12:17 PM	#7
alam Enlisted Member 5 Rep 32 Posts Drives: 07 e92 335i Join Date: Oct 2005 Location: usa iTrader: (0)	I received a letter from other ins co say that they accept to pay for the damage (but not settle the claim yet). I already called my ins co at time of accident. I live in Oklahoma. I think my lawyer try to do the easier and quicker way so they claim on my own policy. I just don't know if it's a wise choice or not, because normally they have to claim on other party ins co and my ins co with take care what is left over.
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01-06-2010, 05:39 PM	#9
jpsum Major 274 Rep 1,088 Posts Drives: 2010 TSX Join Date: Dec 2008 Location: New Haven area iTrader: (4)	Once you have accepted the payment, it is over. No more additional claims as they will make you waive the rights to do so once it is settled. So make sure you are satified with the settlement from the other insurance company. If you are not satified with what they're offering to you, that's when you bring in the lawyer. Remember, don't sign anything from yours or his insurance company until you are satified!!!!
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01-06-2010, 07:58 PM	#11
pruettfan Brigadier General 1622 Rep 3,402 Posts Drives: 2017 M2, LBB, DCT, Exec Join Date: Jul 2009 Location: Chandler, AZ iTrader: (0)	If I were you I would consider finding a new attorney. At the least he should explain what the advantages he believes are from filing with your company. My guess is you are talking to a paralegal or a sleeze bag who wants to get some of your money as easily as possible. Unless you were hurt this should be a simple matter that does not require an attorney.
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