[motorwasp]

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.

[progunr]

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.

[motorwasp]

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.

[progunr]

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.

[motorwasp]

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?

[progunr]

Nope.

[motorwasp]

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

[progunr]

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.

[Fr_Chuck]

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.

[motorwasp]

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.

[KrissyPoo185]

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?

[motorwasp]

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

[JudyKayTee]

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.

[JudyKayTee]

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.

[twinkiedooter]

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.

[twinkiedooter]

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.

[motorwasp]

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?

[motorwasp]

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.

[tickle]

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.

[motorwasp]

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.