Insurance advice.

Been awhile since I’ve posted since the trucks been awesome with no issues. Well the beginning of the month some pile of trash texting and driving rear ended me at full speed. I’m dealing with their insurance company (State Farm) now and it’s starting to get spicy. Today they called and said they don’t need to pay for a rental because they claim it’s drivable. It might be but I won’t be driving it because I can’t pull a trailer and the frames bent. And that’s just what I can see. Also I want to file a diminished value claim because now my trucks worth a fair amount less. I’m expecting a fight. How do I go about getting actual evidence of my loss? And does anyone else have experience in this? Ticks me off that some incompetent idiot is now adding stress and financial loss to my life. Any advice is appreciated. Thanks in advance. I’ve attached a few photos.

 

Ouch... Shouldn't your insurance guy be fighting this out on your behalf?

 

oooof sorry about this. I had a similar issue when my 4runner was totaled. Some insurance companies try to strong arm people into doing the minimum amount. You'd be surprised by a few things:
1. How quickly they will look to assuage you if a lawyer gets involved. If you have the means, it may behoove you to at least consult with one and draft a formal letter.
2. Many people don't know this, but even if the other driver is at fault, it is within your insurance companies duties to negotiate on your behalf. Many people mistakenly think that if they consult their insurance company that their premiums will rise. Not the case if there is an at fault driver - some insurance companies will provide you with the rental on your policy and then they go after the at fault drivers for reimbursement.
3. Call (or have your agent call) their insurance company directly and offer the olive branch - spell out that you are trying to be amicable in a situation that is no fault of your own. That this is your daily driver, and you are unable to drive it because of damage relating to their client. And that you are trying to do this without pursuing an attorney or litigation.......then ask to speak with their supervisor.


I realize this is probably beating a dead horse, but frame damage, no matter how minimal, is bad juju. If your state allows diminished claims I would definitely pursue it. The only drawback for that is in the limited times I have seen this successful, it almost always required an attorney which costs money. Unless the diminished value exceeds the attorney bill, it sometimes isn't worth the hassle.

 

agree with This and actually going through it now.

In my case I reported it to both their insurance, Also State Farm, and my insurance. I am having my insurance handle the repairs on my truck and the rental and other things through State Farm and my attorney.

 

Tell them that you think you may have sort of bumped your knee on the steering wheel during the impact and that you might need to see a doctor.

A rental car cost will pale in comparison, not to mention severity, and if you passively mention that you'll let the knee thing go, you'll probably get a rental.

 

^ This, this is what you pay them for.

 

Thanks for all the replies! So here is the situation. I also have State Farm. I got the police report and filed it on their insurance because I was told by my agent a claims a claim my rates go up if I file it on mine even if it’s their fault. When I called they had indeed filed a claim but only for towing and they didn’t mention anything to insurance about an accident. So they were confused what I was even calling about at first so I explained it to them and they asked for the police report which I provided and paid for. That was the initial contact they were nice and the lady said if I don’t think it’s safe to drive my truck they will get me a rental. Now I get this jerk that sounded slimy right away talking about injury stuff fake nice then hits me with oh you don’t get a rental. I told him to go pound sand his driver slammed into the back of me doing 40+mph with zero skid marks. I’m not being put out for some degenerate. He claimed he would call the body shop again about if the hitch is not usable for towing. I kinda went off on him. I looked up the record of the Jerk that hit me and he has multiple speeding tickets and exactly a year ago he got pulled over for driving with a suspended license. Now this. If it were someone on a motorcycle they would have been dead. This person should not be driving period. Im kinda ticked my agents are not more helpful I called them after I got of the phone from State Farm corporate and they claimed there is nothing they can do because that power has been taken away from them in the last few years because agents were helping too much. Which I think is BS I specifically went with an agent over a place like Geico to have an alley in situations like this. Grr it’s frustrating. Don’t really know what direction to go next.

 

Ask to talk with the supervisor and threaten to leave their agency for one that will advocate for a paying customer

it’s absolute bull shit that your rates will go up if they enter a claim when it’s clearly not your fault and a police report supports it. The fact is that because State Farm is representing both of you they’re trying to pull some shady shit

 

Frame is bent, its unsafe. I wouldn't be surprised if they total it.

Get the area supervisor on the phone and ask for his information for the lawyer you are using. That should light a fire under them.

Diminished value claim is state dependent, unfortunately you have to ask your insurance about it. I did two in one year (fun year) and they will do the estimate after all the repairs are done get you the difference.

It took almost a year to get our value claim for both vehicles. Finally got our rental costs back from the other drivers insurance, almost 2 years later.

 

100% Agree with this.

 

And demand a separate adjuster if they haven’t already assigned one - if the same adjuster is handling both of your claims you need to nip that in the bud immediately

 

So just a few thoughts:

- Rental: they have a fair point about being driveable UNLESS you can prove that you are required to pull a trailer and unable to do so in the current condition safely. If you simply cannot pull a trailer if you wanted to for example - that’s likely not good enough to support a claim for rental expense daily. If it were say a case of you need to pull a trailer 1 time a month - best bet is to rent a truck and send the receipt for reimbursement. You have the right to collect what you lost - but also the responsibility to mitigate damages as much as possible.

- going through your own policy: this is typically EXACTLY what they want you to do. No expense in handling your claim - just argue with your policy after the fact. At the same time - you do pay THEM to protect you and potentially have some additional protections you pay extra for (in example OE endorsements, additional rental expense, better vehicle replacement). Talk with your agent and if they flat shut you down saying go with the other guys policy - change insurance. You pay them - they owe you the duty of explaining WHY it’s the better option here.

- Diminishment of value: this is VERY state specific so I’ll give the general answer. Hire a LOCAL appraiser to give a consultation. Most should charge about $400-650 and can give some idea on your state and the law. Do not use the guys you find on Google - they are generally a joke and turn out generic reports that a good insurance adjuster will tear apart in court. I’ve handled several hundred over the years - well thought out reports that are researched are generally easy to support and negotiate off of. The stuff turned out by the guys who never physically look at the damaged car are worthless. If a truck is under 10MY old or 100k - you have a decent case for DV - over that your likely on thin ice.

- demanding any insurance company handle your claim on your terms (for example demanding a specific adjuster assigned to you) will not work. It’s their company - as long as they follow guidelines in your state - they can do what they want.

- Finally - the other driver being an idiot. This has nothing to do with their insurance company. The state licensed them - not their insurance company. Be happy they had insurance in force - 90% of the worst drivers have none (the other 10% are using someone else’s car generally and get the benefit of having a responsible person owning the car loaning it to them).

 

All good advice here - just to clarify, you are entitled to a separate adjuster from the one of the at fault party. The insurance company, when representing both drivers, should not have the same adjuster doing both claims to remove any conflict of interest

 

Depends on what you mean. If BOTH drivers pay the same insurance company - yes, there is a potential conflict of interest and most companies will assign each an adjuster and advise there is a “Chinese wall” between the 2 to avoid potential conflicts.

If you are filing with the other drivers insurance and not insured by them - no such conflict exist. They owe you NO fiduciary duty - their duty is solely to the other driver and anything they do will be in protection of that driver (and their company). Paying claims when owed is still in protection of both as it extinguishes any potential legal action that may exist and pose a financial risk to both. Again most people are better off resolving without having to hire counsel and pay legal expenses - but sometimes it’s needed. I’ve seen both horrible actors in the insurance industry and horrible claimants who feel they are entitled to huge paydays for minor accidents. 98% of the time everything can be worked out - but that 2% are the reason I remain employed and paid way more than I should be.

OP - just keep in mind if you’ve not already presented a claim for injury - it’s a powerful threat - even if you weren’t hurt/didnt seek treatment. I can tell you immediately the “value” of just about any modern production vehicle pretty easily. While I can tell you “generally” what a judge/jury might award for a simple complaint of injury from an accident - the range of values is much wider than that of the vehicle - it might be 500 it might be 50k - and insurance does not like being in the unknown or taking unnecessary chances.

 

Yeah earlier in the post I believe he said both drivers were represented by the same insurance company (I think he said State Farm)

 

Thanks for the responses. As for it being drivable short of the insurance signing a paper taking 100% liability for any injury I could acquire from driving a damaged vehicle I WONT be driving it and I’ll sue them if they fight it. I’m not diving a vehicle with a damaged frame between where both end of the leaf spring attach not to mention that the bumper that protected me in the first accident is now compromised what if I get rear ended again. Secondly I should be put out ZERO in anything I want to do. If I pull a trailer 1 or 20 times a month doesn’t matter. I was in my own lane of traffic with a turn signal on and was SLAMMED into by their driver period. They have ZERO point that it’s drivable. And yes I think it’s a crappy situation that their driver has the same insurance company as I do. I think something shady is going on.

 

I'm really having a hard time believing your insurance company is allowing you to drive this vehicle.

If you were to have another rear end event and this time sustained injuries, your lawyers will be lining up at your door to go after your insurance company.

Do you actually have it in writing that the truck is safe to drive. I bet nothing like that exists.

That truck is going to be totalled when someone who knows what they are doing gets a look at it.

 

You and me both!

 

OK. Take your truck to the nearest Toyota body shop. Have them estimate it and submit the bill to the insurance company. They will not let you drive with a bent frame. It's gonna be out of alignment and dangerous. Then get a rental. It's within your rights. The longer you drive your truck, the slower they will go with claim. Also call your state insurance commisioner or claim your going to. Good luck