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  • My car was totaled...couple of questions

    Since my car is totaled, my personal auto insurance policy is canceled since they don't cover a vehicle that is totaled.
    To get coverage on the rental I only signed up for the damage waiver $13/day.
    Since the other driver is accepting 100% fault, can I get them to pay for this fee?

    (Texas) I sent them paperwork to handle the personal injury side of things. They told me they have up to 30 days to look at the information and give a settlement. If they have to request some other information (no matter what it is), the 30 day clock resets. Is that legal?
    Primal (2013)
    Locavore (locally grown foods when possible)
    Training consists of Muay Thai, BJJ, weight training, and mountain biking

    Would like to be in good shape by my 36th Birthday (07-07-2013)

  • #2
    is your car VLC?
    I used to seriously post here, now I prefer to troll.

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    • #3
      I'm sorry, what is VLC?
      Primal (2013)
      Locavore (locally grown foods when possible)
      Training consists of Muay Thai, BJJ, weight training, and mountain biking

      Would like to be in good shape by my 36th Birthday (07-07-2013)

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      • #4
        Originally posted by iniQuity View Post
        is your car VLC?
        probably not, buts its surely leptin resistant
        Primal Chaos
        37yo 6'5"
        6-19-2011 393lbs 60" waist
        current 338lbs 49" waist
        goal 240lbs 35" waist

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        • #5
          Originally posted by raptoryell View Post
          Since my car is totaled, my personal auto insurance policy is canceled since they don't cover a vehicle that is totaled.
          To get coverage on the rental I only signed up for the damage waiver $13/day.
          Since the other driver is accepting 100% fault, can I get them to pay for this fee?

          (Texas) I sent them paperwork to handle the personal injury side of things. They told me they have up to 30 days to look at the information and give a settlement. If they have to request some other information (no matter what it is), the 30 day clock resets. Is that legal?
          (Just a side note, people here get pretty snarky when the conversation has nothingto do with the primal life.)
          You might be able to get the damage waiver, but I wouldn't count on it. As to the 30 day clock, that seems about right, especially since the state's involved. That's my best guess. I'd ask an actual lawyer or attorney, though, because I don't even play one on tv.
          Life is not a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in broadside, thoroughly used up, totally worn out, steak in one hand, chocolate in the other, yelling "Holy F***, What a Ride!"
          My Latest Journal

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          • #6
            Eat more fat.

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            • #7
              JMO~ but I think you need professional advice (lawyer)~ I think they're trying to give you the *bums rush*

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              • #8
                If the other driver is accepting fault, then there should be no out-of-pocket expense on your part. However, once they notify you of the car being totalled, then they will no longer cover the car for rental after they give you the check for the totalled car.

                As far as injuries, they will typically pay you 3 x medical expenses. Therefore, if you had $1000 in medical, you will get a settlement offer of $3000. You do not have to accept a settlement, but you will have to argue as to why it should be more. If you sustained simple sprain/strains and whiplash, then you will likely not have much to stand on. If you are claiming that you have herniated discs, brain injury, depression, anxiety and that your whole life has been impacted by this accident, then they will have your entire file reviewed by a physician called a peer review. They may even ask that you be examined by the doctor to see if you are really as injured as you claim to be.

                Also, if you get an attorney, you will simply be sharing about 30-40% of what you would get anyway with the attorney.
                Last edited by john_e_turner_ii; 01-23-2012, 03:51 PM.

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                • #9
                  Interesting stuff...
                  yeah, they tried to stiff me with the rental after just telling me over the phone about the total loss. I told them it was unreasonable for me to pay for the rental since I don't even have a check for this settlement. This claim needs to be closed before I give up the rental. Their customer took my only form of transportation.

                  On the injuries..the ER doc and my primary doc told me I have a mild concussion which has caused me to have migraine-like headaches twice a day since 12/16/11 with ringing in my ears. My primary doc even put me on some pretty bad (side effect wise) stuff. I'm gonna see a chiropractor on Wednesday -- if they want more bills to show injuries, then that's fine with me. My lower back and neck ache like no tomorrow.

                  I probably wont go for the attorney after all.....but I don't consider this settled and done until I have my total car fee and my other fees paid back to me.



                  Originally posted by john_e_turner_ii View Post
                  If the other driver is accepting fault, then there should be no out-of-pocket expense on your part. However, once they notify you of the car being totalled, then they will no longer cover the car for rental after they give you the check for the totalled car.

                  As far as injuries, they will typically pay you 3 x medical expenses. Therefore, if you had $1000 in medical, you will get a settlement offer of $3000. You do not have to accept a settlement, but you will have to argue as to why it should be more. If you sustained simple sprain/strains and whiplash, then you will likely not have much to stand on. If you are claiming that you have herniated discs, brain injury, depression, anxiety and that your whole life has been impacted by this accident, then they will have your entire file reviewed by a physician called a peer review. They may even ask that you be examined by the doctor to see if you are really as injured as you claim to be.

                  Also, if you get an attorney, you will simply be sharing about 30-40% of what you would get anyway with the attorney.
                  Primal (2013)
                  Locavore (locally grown foods when possible)
                  Training consists of Muay Thai, BJJ, weight training, and mountain biking

                  Would like to be in good shape by my 36th Birthday (07-07-2013)

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                  • #10
                    Did you ask Gary?
                    "All of God's creatures have a natural habitat... my dinner plate." -Me

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                    • #11
                      I wouldn't sign anything until I at least talked to an attorney. It's over a month since the accident and you still have some serious medical issues. You need to make sure you are protected especially if these issues linger or become chronic. Insurance companies are not on your side. Personally, I'd hire a lawyer.

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                      • #12
                        Originally posted by joelwlcx View Post
                        Did you ask Gary?
                        You mean axe Gary?

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                        • #13
                          Originally posted by TimWix View Post
                          I wouldn't sign anything until I at least talked to an attorney. Personally, I'd hire a lawyer.
                          You are messed up enough to hire an attorney for the medical side, DO NOT SIGN ANYTHING until you have some professional advice. Do you not have an agent for the car side? There are things better purchased the old fashioned way and car insurance is one of them.
                          Wheat is the new tobacco. Spread the word.

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                          • #14
                            Again, an attorney cannot increase the amount of money you are going to receive in a settlement. Let's say that three months from now you fully recover from your injuries, and your medical bills are $3k, then you would normally get a settlement three times that of about $9k-10k. Get an attorney, and you will have to give up about $3-4K, netting you about $6-7k. In the rare event that the attorney could get you more money, let's say another $5k on top of what you would have gotten, you will still net around the $10k after fees anyway. So, what's the point? However, what attorneys often do is find you doctors that will prolong your recovery to artificially inflate the medical expenses; therefore, inflating the settlement. Chiropractors and attorneys in Texas are very tight for this reason. I would expect that when you go to a chiropractor for treatment, he will likely refer you to an attorney.

                            The insurance carrier is required by law to fully cover any medical expenses that are a direct result of the accident, and no more. If the insurance company at some point is refusing to cover your medical expenses even after you have discussed it with them, then at that point I would get an attorney. The main dispute that will arise is which injuries and diagnoses are a result of the accident. That is when your case will be reviewed by a doctor.

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                            • #15
                              "Again, an attorney cannot increase the amount of money you are going to receive in a settlement. Let's say that three months from now you fully recover from your injuries, and your medical bills are $3k, then you would normally get a settlement three times that of about $9k-10k."

                              My wife was hit a few months before our wedding. She took this route, and was paid enough to pay for our honeymoon, but a few years later, she began having neck troubles that were attributed to the accident. She had no recourse on the guilty insurance company. She still suffers now, over twenty-one years later.

                              Get a lawyer, let him/her earn their money and protect you. So what if they get a cut of your money.
                              Learning the intricacies of healthy eating and nourishing my body the right way.
                              I am not bald, that is a Vitamin D collector. Time to Grok and Roll!
                              Eased into a primal diet starting at Christmas 2011. Goal weight - 205 started: 240 pounds waist 40, now 227 pounds and waist 38 Summer 2012 - weight =215 and waist is actually still 39"
                              ljbprrfmof = LJ = Little John = John

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