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kellyms13 · May 16, 2012, 09:02 AM

My suv was struck by piece of farming equipment and is total loss. I have incurred expenses due to not having car and have missed 3 days of work. Insurance co. (at-fault dri ers') will not pay. They are also delaying over a month: (claims adj went on vac. took two weeks to send papers she said she was emailing). They are also refusing to honor their own agreement they offered me. Help!

smoothy · May 16, 2012, 09:46 AM

Originally Posted by kellyms13

My suv was struck by piece of farming equipment and is total loss. I have incurred expenses due to not having car and have missed 3 days of work. Insurance co. (at-fault dri ers') will not pay. They are also delaying over a month: (claims adj went on vac., took two weeks to send papers she said she was emailing). They are also refusing to honor their own agreement they offered me. Help!

Why didn't you get a rental car.. That's how it usually works... they aren't going to pay for lost wages because you didn't TRY to do that. They have to cover that.

And agreements generally have a short shelf life... meaning offers can be withdrawn at any point if they aren't accepted in writing.

Why didn't you put the claim with your own insurance and let them fight the other side...

kellyms13 · May 16, 2012, 10:35 AM

I did try and ins. Co. Refused to pay 20.00/day for rental car ins.& my ins. Wouldn't cover because it wasn't my fault. I did not receive paperwork nor a phone call back when I tried to contact them to inform them that I didn't get papers. I am out quite a bit of money, all while waiting for adjuster to get back from vacation.

Fr_Chuck · May 16, 2012, 11:07 AM

Of course "they refuse" you do it anyway, you pay for it all and then settle with them.

They may take 4 months to try and settle, they do that to try to make you settle for less getting tired of waiting.

Next what about your car insurance, you turn it over to them. ** assuming you have full coverage and car rental Your own car insurance fixes your car, gets your rental car and then they work with other insurance.

But you don't ask or wait for their company to give permission you do what is required, and then demand payment and if they won't settle for it, you sue them

smoothy · May 16, 2012, 12:26 PM

What state did this occur in? For starters.. I'd get the bluebook values and Ebay values of vehicle of the same make, model and mileage as your was... send then a bill for the rental car, and tell them that mumber goes up every day that passes XXX amount on such a date + XXX for every day beyond that until you have a check in hand... they can either cut you a check now for that amount... or they can cut you a check for a far higher amount to include legal fees when it goes to court.

I've actually made those threats in the past when they dragged their feet... (It was in MD) In certain other states like VA... they can't tell you where to take your car either... they have to pay wherever you decide to take it as long as it's a fair and reasonible assessment... they can force another arbitrary lower amount on you. But your rights as far as that's concerned will vary state to state.

Yes I know your vehicle was totalled... I added that to explain what they can't force on you if it was repairible depending on where you reside.