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tickle · Jun 15, 2008, 09:53 AM

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.

motorwasp · Jun 15, 2008, 12:17 PM

Originally Posted by tickle

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.

Fr_Chuck · Jun 15, 2008, 02:19 PM

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

motorwasp · Jun 16, 2008, 08:31 AM

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

progunr · Jun 16, 2008, 08:33 AM

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

motorwasp · Jun 16, 2008, 08:58 AM

Originally Posted by progunr

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.

progunr · Jun 16, 2008, 09:10 AM

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.

George_1950 · Jun 16, 2008, 01:04 PM

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.

progunr · Jun 16, 2008, 01:10 PM

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?

George_1950 · Jun 16, 2008, 01:22 PM

Originally Posted by progunr

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.

progunr · Jun 16, 2008, 01:29 PM

Originally Posted by George_1950

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.

motorwasp · Jun 19, 2008, 04:43 PM

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.

Fr_Chuck · Jun 19, 2008, 04:51 PM

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

motorwasp · Jun 25, 2008, 11:14 AM

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?

progunr · Jun 25, 2008, 11:35 AM

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.

ScottGem · Jun 25, 2008, 11:44 AM

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.

motorwasp · Jun 25, 2008, 12:27 PM

Originally Posted by ScottGem

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?

ScottGem · Jun 25, 2008, 12:34 PM

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

progunr · Jun 25, 2008, 12:36 PM

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.

motorwasp · Jun 25, 2008, 12:42 PM

Originally Posted by progunr

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.