Dealing with insurance re car accident

[HarryH93]

My fiance was rear-ended about a month ago when she yielded to pedestrians crossing the street. Prior to this accident, the car had never been in an accident. She got it in 2010 and it was about a year old.

A couple weeks later, the insurance company of the guy who hit her called and said there was frame damage and they were not convinced that this accident alone caused that much damage. They used an appraiser and claimed he found existing damage and glass in the trunk. She argued that it had never been in any accident and the glass could have been from one or both times her back windows were smashed in (car was vandalized twice).

Because the appraiser found "existing damage," the amount they offered to pay her decreased by about 75%. She is barely even able to purchase a replacement car with the amount they offered her.

She does not have collision coverage but because she's not at fault, her insurance company claimed she would not be penalized for filing a claim and getting an adjuster.

Is there anything we should be aware of during this process? Neither of us have ever dealt with insurance for car accidents. This is pretty frustrating; the original offer we felt was fair. Can we negotiate or play hard-ball with the guy's insurance company? I'm not sure how they could have found existing damage in the same spot he hit her (back right bumper). He hit her pretty hard and she was in pain for a couple of days afterwards.

Thanks CP!

[calgaryblood]

Let me guess, TD insurance?

I wouldn't accept their offer, tell them you want it looked at by another appraiser.

[Weitz]

Originally Posted by calgaryblood

Let me guess, TD insurance?

I wouldn't accept their offer, tell them you want it looked at by another appraiser.

Why TD? You had a bad experiance there and think they suck now?

[RedHot25]

Naive question, but shouldn't your insurance company be fighting this for you? Especially if it is no fault on your end.

[Dorkmaster]

Given the damage I assume a police report was filed so there is full proof that you are not at fault. If you are rear ended your claim should be no fault and thus you will not be rated with an at-fault accident. I would go to your own insurance in this instance. You should get reimbursed to the same value of your car prior to your accident. Whether or not your own insurance company will reduce your pay for same reasons I don't know, but I wouldn't settle with the other company.

Source: I'm an actuary but my knowledge on claims side can be a little sketchy.

[GoinAllTheWay]

Originally Posted by HarryH93

She does not have collision coverage but because she's not at fault, her insurance company claimed she would not be penalized for filing a claim and getting an adjuster.

This doesn't make any sense. How would she be able to file a claim if she doesn't have collision coverage? Unless he was referring to an accident benefits claim as you said she was in pain for a few days after?

[undercoverbrother]

Originally Posted by RedHot25

Naive question, but shouldn't your insurance company be fighting this for you? Especially if it is no fault on your end.

Not really, the is no Collision coverage on the vehicle.

Her/their insurance company have no skin in the game. They have no financial exposure, if OP is to be believed, liability seems straight forward.


OP, are you sure you wife wasn't hurt?

[calgaryblood]

Originally Posted by Weitz

Why TD? You had a bad experiance there and think they suck now?

Like the Oilers and their fans, TD is no good.

[undercoverbrother]

Originally Posted by calgaryblood

Like the Oilers and their fans, TD insurance is no good.

That is how it is done.

[calgaryblood]

Originally Posted by undercoverbrother

Not really, the is no Collision coverage on the vehicle.

Her/their insurance company have no skin in the game. They have no financial exposure, if OP is to be believed, liability seems straight forward.


OP, are you sure you wife wasn't hurt?

His wife was hurt, says so in his post.

[mrkajz44]

I don't have collision coverage and basically what happens is you phone your insurance company to start the claim, they get it set up and linked with the other insurance company (person who hit you) and then you don't deal with your own insurance company again. Standard procedure and nothing out of the ordinary.

As for the actual issue at hand, I would get another appraisal done by whoever you want (you don't have to use the insurance company's shop if you don't want to). See what they say. Most places will do a free inspection so its not even money out of your pocket. See if they have the same conclusion or not and fight it from there.

[undercoverbrother]

Originally Posted by calgaryblood

His wife was hurt, says so in his post.

I read it as a soreness for a couple of days, not hurt.


If your wife is hurt OP, grind them on that end.

[undercoverbrother]

Originally Posted by mrkajz44

As for the actual issue at hand, I would get another appraisal done by whoever you want (you don't have to use the insurance company's shop if you don't want to). See what they say. Most places will do a free inspection so its not even money out of your pocket. See if they have the same conclusion or not and fight it from there.

Get 2 or 3

[Weitz]

Originally Posted by calgaryblood

Like the Oilers and their fans, TD is no good.

Great rebuttal there. TD is great for me and all my family and almost all my friends.

[HarryH93]

Originally Posted by RedHot25

Naive question, but shouldn't your insurance company be fighting this for you? Especially if it is no fault on your end.

She was contacted directly by the other party. We just spoke to her insurance and they are going to get get her in touch with an adjuster to help her deal with the other company. She doesn't have collision coverage. I'm assuming that's why they aren't dealing with it beyond providing an adjuster?

Originally Posted by Dorkmaster

Given the damage I assume a police report was filed so there is full proof that you are not at fault. If you are rear ended your claim should be no fault and thus you will not be rated with an at-fault accident. I would go to your own insurance in this instance.

A police report was filed. Our concern isn't who is at fault (both parties have agreed it was no fault of her own). Our issue is with the amount they offered because their appraiser "found" prior damage even though it has never been in an accident.

Originally Posted by GoinAllTheWay

This doesn't make any sense. How would she be able to file a claim if she doesn't have collision coverage? Unless he was referring to an accident benefits claim?

Her insurance said they'll provide her with an adjuster to "advise her how to deal with the other insurance company" even though she doesn't have collision coverage.

[GoinAllTheWay]

Who is your insurer?

[HarryH93]

Originally Posted by undercoverbrother

I read it as a soreness for a couple of days, not hurt.


If your wife is hurt OP, grind them on that end.

My fiance isn't badly hurt. She doesn't have any pain today as a result. She had some neck pain for a few days after the accident.

[undercoverbrother]

Originally Posted by HarryH93

My fiance isn't badly hurt. She doesn't have any pain today as a result. She had some neck pain for a few days after the accident.

Awesome, that is the most important part.

[HarryH93]

Originally Posted by GoinAllTheWay

Who is your insurer?

She is with TD

[HarryH93]

Originally Posted by mrkajz44

I don't have collision coverage and basically what happens is you phone your insurance company to start the claim, they get it set up and linked with the other insurance company (person who hit you) and then you don't deal with your own insurance company again. Standard procedure and nothing out of the ordinary.

As for the actual issue at hand, I would get another appraisal done by whoever you want (you don't have to use the insurance company's shop if you don't want to). See what they say. Most places will do a free inspection so its not even money out of your pocket. See if they have the same conclusion or not and fight it from there.

But wouldn't another appraisal just determine the extent of the damage? They've already determined it's a write-off. Do you know any shops that would be able to determine if there was any pre-existing damage for free?