Need help with an insurance issue

[inline 6]

I was in a wreck about 3-4 months ago. Guy pulled out from a side street where he was supposed to yield from and he did not. He pulled right into my lane and hit me. Cops came and did a report that pointed to him as being at fault, issued him a ticket for failure to yield, and there was a witness that stopped and gave their info and they had the same story as well that it was the other guys total 100% fault. I call his insurance immediately and filed the claim. An adjuster calls me later on that day and sets up a time for an appraiser to come look at it. Appraiser shows up a couple days later and proceeds to try and screw me over. I had already been under the vehicle in my driveway and noticed all kinds of shit that was messed up. I pointed it out to him and he refused to write it up. He wrote an estimate for $1600 and left. Since he was unwilling to cooperate I had to call my insurance company and get them involved. They took the report from me and told me to take it wherever I wanted. When it was fixed the bill was over 5k.

Now this is the issue, since my insurance had to pay for the repairs and chase the other guys insurance for their money I had to pay my deposit out of pocket ($500). Well this entire time the guy who hit me will not respond to his insurance company calls and they keep saying that they can not find him so they can not pay anything yet. My insurance company says they can not reimburse me my deductible until they start collecting their money (I understand why and am ok with that). Fast forward to about mid December. A check from the guys insurance company shows up for the amount that they estimated ($1600). I call my insurance company and they say it no big deal and just say to send it back. Well I did not send it back and have NOT cashed it either, nor have I heard anything from either party since. I would like my deposit back, for you insurance know it all people here whats going on and should I just send this check back or hang onto it?

[Kyle]

Send it back. If you have a good reputable insurance company, then they will take care of you.

[sc281]

No. No No. Do not cash it.

You get paid when your insurance Company settles. The check doesn't belong to you now that you filed the claim under them.

If you cash it, you closed the case for the other insurance company, and your insurance co's lawyers will be very very pissed at you because you screwed them out of a settlement.

[inline 6]

No. No No. Do not cash it.

You get paid when your insurance Company settles. The check doesn't belong to you now that you filed the claim under them.

If you cash it, you closed the case for the other insurance company, and your insurance co's lawyers will be very very pissed at you because you screwed them out of a settlement.

That's kind of what I was figuring but did not know.

Send it back. If you have a good reputable insurance company, then they will take care of you.

Also here is something I forgot to mention. I am no longer with that insurance company. I had put in for a cancellation with that company because I found a cheaper rate elsewhere. I only had a week left on that policy before this happened. So I do know know how big of a hurry they are in to send my my deductible back since I am no longer a customer of theirs.

[sc281]

That's kind of what I was figuring but did not know.

Just so you know, don't expect anything back. I've had to file 2 over the years from one who didn't have insurance and one who did, but wouldn't pay.


I have yet to see either of the deductibles back.

[inline 6]

Just so you know, don't expect anything back. I've had to file 2 over the years from one who didn't have insurance and one who did, but wouldn't pay.


I have yet to see either of the deductibles back.

Ok, so in a hypothetical situation here lets say I go this week and cash that check, how pissed are their lawyers going to be and what repercussions would fall on me? I can handle a few pissed people on the phone if thats all it is.

[sc281]

Ok, so in a hypothetical situation here lets say I go this week and cash that check, how pissed are their lawyers going to be and what repercussions would fall on me? I can handle a few pissed people on the phone if thats all it is.

Enough to sue you to get their original claim amount paid to you back because you renigged on the terms of your claim with them, plus court/lawyer fees, etc.


and they'd win.

[inline 6]

Enough to sue you to get their original claim amount paid to you back because you renigged on the terms of your claim with them, plus court/lawyer fees, etc.


and they'd win.

yeah I don't need that kind of headache!

[sc281]

yeah I don't need that kind of headache!

It sucks that you had to file under yours and pay a deductible, but in this case, it's best to let sleeping lawyers lie and go on with your life.

Face it, they have more of them than you do.

[GE]

There is no easy answer here. Bottom line, I do not recommend cashing the check.

It really depends on who both insurance companies are and how far they're willing to go in litigation to recover their money.

Say that your company is A and the other guys company is B. Sounds like B was trying to lowball on the initial estimate so you went to your carrier A. What depends, is did A send a notice of subrogation (give us our money) to B, and when. Let's say the accident was 1/1/10, you get your car repaired through A. A doesn't send a notice of subrogation until 6/1/10. And let's say that B sent you a check on 3/1/10. B will tell A to go fuck themselves because they never knew that A made a payment in the first place. A can then file civil suit against you for subrogation money owed to them. This is in your insurance policy, a unilateral contract that you entered into. If you have cashed B's check, you will get fucked in suit.

What it really comes down to is how far your own carrier will go to collect that money, and if you're willing to roll the dice and chance it. As a long shot, you might call your carrier and say that you're cashing the check and will send the amount over your deductible back to them as subrogation proceeds. Doubt they'll go for it but hey, yanevahknow.

[dangerous_sep]

A big mistake I see was that you wanted to do the repairs yourself or handle it all on your own way. If most people would actually follow the directions and take the initial estimate amount and listen to the adjuster, they would know that in the paperwork attached to the estimate it says you may take the vehicle to whatever place you want to have it repaired at.
Once the shop has it torn down they will be able to write up an estimate requesting a supplement to cover anything not covered in the initial estimate. The adjuster will not go bye what a customer says wasn't broken prior to the accident.

I know your past that point but for future reference don't jump the gun and assume the insurance company is trying to stiff you out of money.


As for the matter at hand I would not cash that check and would just write of those $500 and hagve a good surprise when the insurance companies finally settle and you receive that check for $500

[inline 6]

There is no easy answer here. Bottom line, I do not recommend cashing the check.

It really depends on who both insurance companies are and how far they're willing to go in litigation to recover their money.

Say that your company is A and the other guys company is B. Sounds like B was trying to lowball on the initial estimate so you went to your carrier A. What depends, is did A send a notice of subrogation (give us our money) to B, and when. Let's say the accident was 1/1/10, you get your car repaired through A. A doesn't send a notice of subrogation until 6/1/10. And let's say that B sent you a check on 3/1/10. B will tell A to go fuck themselves because they never knew that A made a payment in the first place. A can then file civil suit against you for subrogation money owed to them. This is in your insurance policy, a unilateral contract that you entered into. If you have cashed B's check, you will get fucked in suit.

What it really comes down to is how far your own carrier will go to collect that money, and if you're willing to roll the dice and chance it. As a long shot, you might call your carrier and say that you're cashing the check and will send the amount over your deductible back to them as subrogation proceeds. Doubt they'll go for it but hey, yanevahknow.

You pretty much nailed it I think, I sure would like to have my 500 smackers back but its obviously not worth being chased for 5k. I should of called the hammer.... or that 1-800-I got hit commercial that airs on the hip hop stations from time to time.

[SMKR]

send that check back.

[inline 6]

send that check back.

going to this week.

[GrayStangGT]

I just went through a similar situation with a company truck. We said it was their fault (18 wheeler owned by the other company) and they said it was our fault. Police report reflected it as being their fault. Their insurance wouldn't pay so our insurance took care of it and we paid the 1k deductible. About 6 months later we got a check in the mail refunding our deductible.