Gotta love insurance companies.....

[volcomsteban]

Just a rant...... You have been warned. lol

So on Tuesday evening I get a call and its my gf. Thinking its just her calling to tell me she off work. It wasnt. She was rear ended while waiting at a red light. The guy was in a Mini and hit her going about 50 mph. She's ok for the most part. just really sore and has to start physical therapy and pain meds and what not. on to the rant..... So the guy was 100000% at fault and admitted it and even told his insurance in a statment to make sure my gf gets taken care of in any way possible. The insurance company went and looked at her car today and said that its a total loss and are offering her $5600 for her car. Prob is that she owes 7600. Now I know its not their fault that she is upside down in her car but at the same time its not her fault some guy was using the internet on his phone and slammed into her. My thought is that they should be liable to pay it off if for no other reason that if she never got hit then she would have went on to make all her payments and pay her car off with no problems. Just pisses me off that this is the case. She's gonna be out of a car and still have to make payments which then prevents her from A.) saving for a down payment for a new car and B.) being able to afford a car payment period. I hope this isn't how it is for everyone that gets in an accident. I wish I was rich so I could tell her to just not worry about it and we'll deal with it but I'm not and we cant. What to do now is the real question. Does she get a lawyer and sue the insurance company for damages (pain and suffering and losses) and then have to pay him 40% of what realistically will be not that much. It would be a miracle to get like 10k. So then she only gets 6 and then she has to pay 2 of that for her car and then like 2 for a new car and then she gets 4k for having permanent back and neck problems. Doesn't sound fair to me. It really sucks. Oh well. That's life right?!

[mfoga]

When she financed the car did she get gap insurance. I know for me it was free and it covers the difference of what you get from insurance and what you owe plus 3k.

[volcomsteban]

She had GAP but changed insurance companies like 6 months ago and the one she switched to was too expensive so she couldnt get it. Otherwise It wouldnt be a problem. But again, why should she have to pay out of pocket for soemthign that was 0% her fault ya know?

[dirtvert]

sorry, esteban.

i don't know about suing, but she definitely needs to get checked out by a p.t. because sometimes the extent of the injury from a crash won't even show up for a few days...good luck.

[Pickettt]

Originally Posted by volcomsteban

Just a rant...... You have been warned. lol

Does she get a lawyer and sue the insurance company for damages (pain and suffering and losses) and then have to pay him 40% of what realistically will be not that much. It would be a miracle to get like 10k. So then she only gets 6 and then she has to pay 2 of that for her car and then like 2 for a new car and then she gets 4k for having permanent back and neck problems. Doesn't sound fair to me. It really sucks. Oh well. That's life right?!

My wife had nearly the same thing happen to her at a stop sign. I'm not giving advice, just recounting the experience. The insurance company is far more concerned about having to take care of your girlfriend for an extended length of time, the car is just an aside. It will cost them that $2000 difference just sending her to the doctor's office a few times. If they are convinced that it will be over with (they'll ask you to sign paperwork to ensure it), they eventually will pay what you need for the car. Of course, this is within reason. On the other hand, if you think there might be some medical problems, do not sign such paperwork. Basically, the insurance company is prepared to pay more than they're offering now. They just have to do a little dance first. It probably won't even require a lawyer for such a small number. Lawyers are the few who suck worse than insurance companies. Good Luck.

[Shu]

She should have the GAP ins w/ her car loan NOT the car insurance.....the INS company is required to par FAIR MARKET Value....so hit the internet looking for her year car w/ similar mileage and options and submit the ones that are cover her loan pay off....if you want to talk to me about this further PM me w/ your cell/home number....She should NOT sign and doesn't have to accept that offer.....

[Heyitsdave]

I have been run into a total of 5 times. It never cost me less than a grand each time when all is said and done. Never my fault, just ruin my stuff and cost me money. People drive like jerk offs. Sorry for your loss.

[LadiesMan]

Originally Posted by volcomsteban

She had GAP but changed insurance companies like 6 months ago and the one she switched to was too expensive so she couldnt get it. Otherwise It wouldnt be a problem. But again, why should she have to pay out of pocket for soemthign that was 0% her fault ya know?

It is her fault. It's her fault that she financed a car to the hilt and didn't take some sort of precaution to prevent a total loss. It's not the insurance company's problem as they shouldn't be required to ask how much you owe on a car when it is insured.

And if you decide to sue that guy above and beyond your actual losses even though she's ok, then you're just an abulance chaser like all the rest.

All that said, I'm glad that she wasn't seriously hurt.

[BH1]

How did this dude hit a stopped car doing 50mph? That seems outrageous!!! He should be sited for reckless driving. geez. Glad she ok!

GAP insurance would have covered this. If it is a lease it is mandatory and usually built into the lease agreement, if not it is up to the owner. Shoulda, coulda, woulda on this one...

How did she owe more than the car was worth?

[volcomsteban]

Originally Posted by LadiesMan

It is her fault. It's her fault that she financed a car to the hilt and didn't take some sort of precaution to prevent a total loss. It's not the insurance company's problem as they shouldn't be required to ask how much you owe on a car when it is insured.

And if you decide to sue that guy above and beyond your actual losses even though she's ok, then you're just an abulance chaser like all the rest.

All that said, I'm glad that she wasn't seriously hurt.

I see what youre saying and youre right that its not their problem that she financed too much. That stems from her not havign a car and being desperate to get a car and at the time it was her only option. Again I know none of that is the insurances fault but its not her fault that she got rear ended either is it. I guess that makes everyone involved at fault in a f'd up kind of way. And we're not looking to go after the guy so we can buy a range rover or anything. lol we're not leeches by any means. Just want to get whats fair for the injuries that were a result of the crash and make sure she gets her bills taken care of.

Originally Posted by BH1

How did this dude hit a stopped car doing 50mph? That seems outrageous!!! He should be sited for reckless driving. geez. Glad she ok!

GAP insurance would have covered this. If it is a lease it is mandatory and usually built into the lease agreement, if not it is up to the owner. Shoulda, coulda, woulda on this one...

How did she owe more than the car was worth?

He was on his phone looking for a UPS store. It was dark and he just wasnt paying attention. Yeah no lease so she's stuck with it. She owes more than its worth cause she bought a rental car (high miles) cause at the time she didnt have an option and that was all she could get financed for cause she just moved to cali and had bad credit.

Originally Posted by dirtvert

sorry, esteban.

i don't know about suing, but she definitely needs to get checked out by a p.t. because sometimes the extent of the injury from a crash won't even show up for a few days...good luck.

She has a Rx for pt and is gonna go next week. She's not letting anything go on this. Have too many friends that are messed up from accidents that didnt do anything about it and now they are messed up. Thanks Doug

[emcil]

Originally Posted by LadiesMan

It is her fault. It's her fault that she financed a car to the hilt and didn't take some sort of precaution to prevent a total loss. It's not the insurance company's problem as they shouldn't be required to ask how much you owe on a car when it is insured.

And if you decide to sue that guy above and beyond your actual losses even though she's ok, then you're just an abulance chaser like all the rest.

Damn that's rather harsh. She gets run into by someone and it's her fault? It makes no difference that she was upside down as it appears she was making her payments and would have eventually had a nice vehicle if not for this incident. Now you're calling her out as being at fault? I believe some rethinking is in order.

[Shu]

What year/make/model/miles is the car

[volcomsteban]

Its a 04 Hyundai Elantra GLS w/96k

[Shu]

Originally Posted by volcomsteban

Its a 04 Hyundai Elantra GLS w/96k

On a quick search of AutoBytel.com I found an 05 GLS w/ 100k


05 Hyundai Elantra GLS

Start searching for cars closer to hers and prove "Fair Market Value" to the Ins company....their 1st offer is ALWAYS low

[A-NON-A]

Originally Posted by Shu

She should have the GAP ins w/ her car loan NOT the car insurance...

Not to be an ass but this statement is FALSE.

There are a few expceptions such as :

Loan is only 3 years
Her insurance company at time of purchase doesnt offer GAP.

Basically you should never need GAP for more than 3 years maximum at which point the payments made should be leave the loan with a residual value that will keep you from being upside down.

By purchasing GAP through the loan you are paying interest on a coverage that you would be able to remove from an insurance policy when needed, but with a loan you are stuck till payoff. Unfortunately more and more people finance cars for 5+ years meaning your paying for GAP 2 years beyond typically needed and paying interest on it as well.

The fair market value statement was on the money though especially if you have to arbitrate with the carrier.

[sasquatch9billion]

By any chance, do you guys have renter's insurance? That covers some pretty random stuff, so it's worth looking into your policy if you do.

[Shu]

Originally Posted by A-NON-A

Not to be an ass but this statement is FALSE.

There are a few expceptions such as :

Loan is only 3 years
Her insurance company at time of purchase doesnt offer GAP.

Basically you should never need GAP for more than 3 years maximum at which point the payments made should be leave the loan with a residual value that will keep you from being upside down.

By purchasing GAP through the loan you are paying interest on a coverage that you would be able to remove from an insurance policy when needed, but with a loan you are stuck till payoff. Unfortunately more and more people finance cars for 5+ years meaning your paying for GAP 2 years beyond typically needed and paying interest on it as well.

The fair market value statement was on the money though especially if you have to arbitrate with the carrier.

The info I stated was from a buddy who works in Auto Body repair as an adjuster and deals w/ insurance companies daily....this is the info he gave me regarding this scenario...I understand there is info not listed in this thread so my comment was a generalization....and yes you said the same thing he did....when the GAP ins is put into the car loan it's added to the payments....

[TMS]

Who is the at fault party's insurance carrier?

[volcomsteban]

Travelers Ins

Originally Posted by TMS

Who is the at fault party's insurance carrier?

[TURNERob]

I am an insurance appraiser and I see this happen ALL the time. No GAP, you are screwed.....plain and simple. We use a computerized database system similar to Kelly Blue Book that factors in MANY variables of the condition of the car and you will receive a printout of that total loss evaluation from the insurance company. If there is something on your car they did not include in the evaluation then call them up and get it added on. Most of the time it won't make much difference but little things can add up.

I'm sorry to say but pretty much any Hyundai isn't going to be worth much....especially one 5yrs old with 100k on it. Now if your g/f is truly injured and needs to go to PT then open up a BI (bodily injury) case. Save all the doctors receipts and you will get reimbursed and possibly get additional money. Just mention you are thinking of suing