ULPT Request: Insurance company screwed me
Posted by OCBrad2461@reddit | UnethicalLifeProTips | View on Reddit | 18 comments
The other driver was at fault and their insurance sent me a check that covers the estimate the adjustor sent them; to repair the damage to my car. It was $2500. The body shop did their damage analysis and found $20,600 worth of damage to my vehicle. The insurance rendered my vehicle a total loss, and will be paying the value of my vehicle out to my bank, as I still owe more from financing (GAP insurance will cover the rest). Now I have no car, got no money for said car, and don’t have money to buy a new car to replace it. I still have the $2500 check though. Written out to my name, with no full and final rhetoric on it. How much trouble would I get in if I cash the check and use it to put a down payment on a new car?
yakingcat661@reddit
Your insurance company settled but it isn’t over. They are going after the driver that hit you to recover. You are also eligible to seek actual/punitive damages. Lost work, injuries, Ubers, fair market value, late dinners when stuck across town plus 30% on top of the claim. Document everything and make some calls. Insurance companies base part of their business on claimants not pursuing their actual loss. And most of what a lawyer does is compose a letter of demand and ask you for all expenses. Skip the letter and do it yourself.
OCBrad2461@reddit (OP)
Can you walk me through this better? Not sure I fully comprehend.
yakingcat661@reddit
The person who hit you presumably has insurance. You’re just electing to get your payout from your insurance company to make it easier. That money has yet to be recovered from the person who caused the issue. Get a lawyer.
Traditional-Bug-3185@reddit
If you cash it they will deduct it from your settlement. If you don’t it will just be part of the settlement.
OCBrad2461@reddit (OP)
If they deduct it from the settlement, will the gap coverage still cover that difference?
whosisidk9@reddit
That check has most likely been voided and could cause a lot of fees from your bank if you try to cash it. Look for an email from them, it should say “a payment had been cancelled” or something. If nothing, i would call and see if it is still valid and then do it. As someone who works in insurance, we would send you to collections if you cashed it successfully and we caught the mistake. It should have been cancelled around the time it became a total loss
OCBrad2461@reddit (OP)
How can I pursue getting any sort of compensation here? I don’t have the spending capital to put a down payment on a new car. I got rear ended and now I’m just completely screwed?
theMIKIMIKIMIKImomo@reddit
You got your compensation, they are paying off your loan.
Be smarter, drive better, and buy a shittier car so your insurance is less because they will likely Jack it up with a total loss on your record this recent.
If you could finance the first car, you should be able to finance another, as you don’t have car debt now, but if you’re wrecking cars I’d suggest getting something cheap and used.
phathomthis@reddit
"drive better"
Ya, getting rear ended is totally their fault and if they drove better that' would have prevented it 🙄
I was rear ended once where the asshole was going 55 in a 30 and didn't see the huge line of cars stopped at the light. He barely tapped the brakes and totaled the car behind me and my car from it. I didn't get pushed into the car in front of me, but we're sitting at the light and had been for about a minute since traffic was at a stand still, and this guy in a big van just plows into us like a bowling ball. No amount of driving better on my or the driver behind me's part would have prevented this.
theMIKIMIKIMIKImomo@reddit
I misread the post, I thought OP said he got deemed at fault. That’s on me
OCBrad2461@reddit (OP)
Mostly the down payment that hurts, plus I was rear ended in traffic so not much I could do. Probably will get a cheaper vehicle, and I live in California so they can’t raise my rates.
theMIKIMIKIMIKImomo@reddit
99% of the time, if you get rear ended, it’s the other persons fault. I used to work in an auto repair shop.
If you got rear ended and they deemed it was your fault, you’re either lying or an absolutely awful driver.
OCBrad2461@reddit (OP)
Reread the post. I said the other driver is at fault.
theMIKIMIKIMIKImomo@reddit
That’s my fault, reading is hard sometimes
Krimsonkreationz@reddit
You already got your compensation, in full and even had gap insurance cover the difference. Why do you think you’re owed more compensation? Finance your new car the way you did with the old. Some people will work with you, but worst case you’ll be paying a normal down payment and will need to find other ways to get to work. You can call and talk to your insurance company about options to get a new car. Maybe they know something I done there.
BadEarly9278@reddit
Have a lawyer call their insurance.
Get some residual whiplash and go to ER, then call your lawyer.
Insurance companies are some motherfuckers.
hitlicks4aliving@reddit
That doesn’t sound like a screwing you didn’t own the car in the first place
RomulaFour@reddit
Check for all the comparables for your exact car: all options, excellent conditions etc. Insurance companies ALWAYS low ball you. Make a strong case for more.