I was in an auto accident which was the other persons fault totaling my car. Their insurance company only wants to give me the actual cash value of my vehicle which is far less than what I owe. Does their insurance have to pay what I owe or just the blue book value and do they have to replace my vehicle. The state is Arizona.

The insurance company is only required to pay the value of the vehicle in it's condition at the time of the loss.

There is an insurance called Gap Insurance, that is designed to cover such a difference between the value and the loan balance, should such a situation occur.

Probably too late now, but something to consider in the future.

The other party has no responsibility for your choice to finance the vehicle for more than it is worth, and would not be held liable for your difference.

What if I bought the car new, drove it off the lot and someone runs a stop sign and totals my car. Should their insurance only pay the blue book because the car is now used? That don't seem right.

It may not seem right, but that is how it works.

This is the reason many people carry the Gap Insurance on the vehicle, this is a very common situation, especially as you mention, the moment the tires leave the dealership, the vehicle just dropped about $5,000 in value, instantly!

Sorry about your luck on this one.

I have gap insurance but I paid for that out out my pocket. Can I get their insurance to reemburse me for what I paid for the gap?

Nope.

Is there a time limit for an insurance co. to settle an auto accident claim?

Not that I am aware of.

Obviously, if it is a simple claim, where there is no question of liability, it should be settled fairly quickly as long as both parties agree on the amount.

If the case is more involved, where fault is not clearly indicated, it could take much longer.

I know of no law or statute that would set a limit on the insurance company.

I do know that if there is any personal injury, there usually exists a statute of limitations for filing suit of 2 to 3 years on average.

There is a state listed SOL, so if they are getting near that limit, you will need to file a law suit.

I had one drag out about 2 years over a car fire once, ended up in court.

Since the accident, I have been using my personal leave for the time off until the Doc says Im OK to return to work. Now I have no personal leave left and I won't be able to take a vacation until the middle of next year. How, if possible, can I get my personal / vacation time back? The insurance company won't pay anything until Im well and decide to settle. When they do, that still won't get back my vacation time.

So what your saying is that you need to get your personal vacation back right? If that's what your saying then first of all your job shouldn't have had you on personal leave and taken away that. What you should do is tell them that that isn't right because I wasn't really on personal leave. How is being hurt on personal leave?

My personal leave is the same as sick time. I get approximately 7.5 hrs per pay period which is every two weeks.

There is a state listed SOL, so if they are getting near that limit, you will need to file a law suit.

I had one drag out about 2 years over a car fire once, ended up in court.



No time frame for settling once it's filed but there are time frames (Statutes) in which the claim must be filed - and if you are suing a municipality you often have to serve notice that you are going to sue within 90 days of the occurrence. Not saying that is the case here but sometimes people are not aware of that time frame.

My personal leave is the same as sick time. I get approximately 7.5 hrs per pay period which is every two weeks.


You must be in a State which does not pay benefits under no-fault (or something similar) when you are injured.

I see no way to get your vacation time back unless you buy it back - return the money to the company for the personal days they paid - and they agree.

Insurance companies settle claims when they feel like it - that is if they are backed into a corner by a lawsuit timely filed. Insurance companies like to settle lawsuits basically toward the end of their physical year. I found that when I worked in insurance defense firms that November and December were months where insurance companies finally would settle cases that had dragged on for up to 5 years. The more complicated the case the longer it takes. The more defendants in the case, the longer it takes. The more medical records, the longer it takes. Insurance companies are not happy to have to pay out a dime so if they can hang onto your money, they surely will.

When your car is totalled don't expect to get much regardless of what you owe. It's a used car and used cars can be depreciated. That's the risk you take whenever you drive a car these days.

After being in an auto accident and arguing with the other guys insurance co. since it was clearly his fault they made a settlement which I was satisfied with. Now, in order for them to send the check to the lien holder, they want me to sign over the title to my vehicle to them. Its my car. Do I have to give it to them?

After a auto accident which wasn't my fault. The other guys insurance company wants to know my medical insurance provider. Do I need to tell them? I feel my medical coverage is my business not theirs.

I would ask them why they need to know this information if the other guy didn't sustain any injuries. Did he, that you know of ? I would get your insurance company involved in this matter so they can handle it the proper way. Your medical insurance is for your own use.

The other person sustained no injuries but my wife and I did. I think their insurance co only wants to pay what my health insurance don't cover.

Has it been proven whose fault the accident was ? If it was their fault, then their insurance company has no business dealing with you; they should be going through your insurance company.

Has it been proven whose fault the accident was ? If it was their fault, then their insurance company has no business dealing with you; they should be going through your insurance company.

It was their fault.

They do not need to know your health insurance company, just tell them that that is not needed since they have to pay for all of your medical costs Now if you do use your medical insurance, if and when you get money from their company you do have to pay your insurance back for any money they pay the doctors or hospital for your care. So always be sure the settlement with them pays all of your medical costs.

But I would tell them to tell me where to send my medical bills, since it is not my health insurance responsibility to pay. Also if your health insurance knows this is from a auto wreck where another company is suppose to pay, they normally won[t pay anyway

Can an insurance company be sued for " intentional infliction of emotional distress "

Sorry, I don't think you have a chance of prevailing in such a suit.

Sorry, I don't think you have a chance of prevailing in such a suit.

What they do is intentional ( done purposely )
They inflict ( something undesired and cause suffering )
Affecting the emotions (emotional)
Distress ( pain or suffering of the body or mind, calamity, adversity, state of needing help
To make miserable.

They have done all of that to me and my family. Sleepless nights, migrain headachs, stress, needing help and making me miserable to the point that I feel nauseous.

It is my belief that the insurance company will simply state that they are operating a business, in a normal and legal way, and that they cannot be held responsible for how the actions they are taking, may or may not effect any given individual.

If they have done anything illegal, that is a different story.

Have you read the terms of the settlement? The responsible insurer is probably liable for either the costs of repairs or the value of the vehicle, whichever is less. If you keep the vehicle, the insurer may deduct the salvage value.

It they have totaled the vehicle, and that is what the amount of the check covers, then they get the vehicle.

You can't keep the money, and the car?

It they have totaled the vehicle, and that is what the amount of the check covers, then they get the vehicle.

You can't keep the money, and the car?
Yes, if you deduct the value of the vehicle.

Yes, if you deduct the value of the vehicle.

I guess I should have said, you can't keep ALL the money, and the car.

What type of papers are normally signed to have a settlement check sent to my lien holder. The other guy was clearly at fault and my car was totaled. Now, in order for his insurance company to send the settlement check they want me to sign a paper giving them power of attorney making them our legal attorney, a paper that is a bill of sale, a paper for the odometer reading, a paper saying they can send the check to the lien holder and the lien holder can release the title to them. That sounds like too much paper just to get a settlement to the lien holder. They say they wont send it without those papers signed and noterized. I already sent the paper to give them permission to send the check to the lien holder and for the lien holder to release the title to them.

No, if they send you a settlement check they send you a check. You do not allow their insurance company to be your power of attorney ever.
If they are paying off your loan, they can issue you two checks one to you and the lien holder for the amount of the lien, and another check for the balance to you alone. If you give them your power of attorney, they can then sign to settle for 1/2 of what you have verbally agreed to, or cheat you in a dozen ways.

So if they say they are not going to settle with you, tell them great, you are sure that an attorney will get you a much bigger settlement anyway.

If they are going to get the car, after you are paid, you will send them the title after you are paid, you can send them a odometer reading and a release of the title, but under no way would I ever send the enemy my power of attorney, I would not give my own attorney my power of attorney

The other guys insurance co wants me to sign over power of attorney to them and make them my legal attorney or they won't send the damage check to my lien holder. Car was totaled and it was the other guys fault. Short of getting a lawyer do I have any rights?

I believe the power of attorney is so they can endorse the title, and dispose of the vehicle, NOT to represent you or make them your attorney.

It is a common document, that allows them to endorse the title and other required documents to dispose of the vehicle.

You could have an attorney look it over before you sign it, it is not an unusual request.

What exactly does the document they want you to sign say?

It should be a LIMITED power of attorney and specify, that its only purpose is facilitate payment of this claim.

What exactly does the document they want you to sign say?

it should be a LIMITED power of attorney and specify, that its only purpose is facilitate payment of this claim.

It says:" KNOW ALL MEN BY THESE PRESENTS, that the undersigned (my name) being buyer,seller or owner of said motor vehicle (discription of car) does hereby make, constitute and appoint (his insurance co. name) my true and lawfull attorney in fact to sign in the name,place and stead of the undersigned any documents or certificates of ownership issued by the Division of Motor Vehicles of the state covering the motor vehicle described above in whatever matter necessary to transfer any registration of said motorvehicle as they deem fit and proper. "

Be advised that my lien holder holds the title. Shouldn't I or the lien holde receive the money first?

That sounds exactly what Progunr said it was. I would sign it.

The money goes to the lien holder.

Does it say Limited Power of Attorney?

You are only giving YOUR insurance company permission to endorse the documents required to dispose of the vehicle.

The money goes to the lien holder.

Does it say Limited Power of Attorney?

You are only giving YOUR insurance company permission to endorse the documents required to dispose of the vehicle.

No, it says " power of attorney." I quoted it exactly as written except for the names. My insurance co is not even involved. They bailed on me even though it was clearly the other guys fault. Shouldn't my lien holder be signing these papers? They hold the title.

The lien holder signs when they get paid, then after they sign, you are suppose to sign the title also over to them.

I would not give them any POA personally, but that is just me, I would make them bring me the titles to sign personally But if I did give them anything, it would be only a limited POA and for only the signing of the title on that one specific auto.

I am stll of the firm belief that the other persons insurance company will cheat you any chance they can.

The language in the power of attorney states exactly what the purpose is, and what it is limited to.

The amount of money, to be paid for the total loss, has been determined, and agreed to, and I'm going to assume you have that figure in writing?

Your insurance company will own the vehicle after the lien holder gets paid, that is why they need to be able to endorse the documents to dispose of the vehicle.

Again, it is a very common practice, but of course, if you are not comfortable, you can choose to not sign it, and have them do things your way, however long that may take.

No, it says " power of attorney." I quoted it exactly as written except for the names. My insurance co is not even involved. They bailed on me even though it was clearly the other guys fault. Shouldnt my lien holder be signing these papers? They hold the title.



If your company walked away and the accident was not your fault are you pursuing them?