help dealing with insurance company

[mx757 4]

June 15th, While waiting to make a left turn, against on coming traffic, I was rear ended, and shoved up curb, killing engine. I wasn't hurt got out to see about driver who hit me. He wasn't hurt either.. I told him let's move out cars out of traffic into gas station & exchange information.

When I depressed clutch to restart car, I felt a "clunk" noise / feeling though clutch pedal... now every gear the transmission grinds trying to engage the gear, but it will shift into gear.

It took me a week to get other guys insurance company to deal with it. In mean time I was forced to burn / use 2 vacation days due not being able get ride to work (I work midnights)

After week bumming rides to / from work I was given a rental car by insurance company of guy that hit me..

today bodyshop that did work texted me (i'm deaf) told me the car is done. but they won't fix the transmission claiming clutch is weak / worn out.. my 2005 VW Jetta TDI has 122K miles on it.
I had no issues or problems with the clutch before this accident.

I went out on back lot to look at Car.. all freshly painted and washed... but on left rear quarter panels where tail lights meet body they are supposed to be flush with tail light lense. right side rear quarter panel sticks out "outboard" about 1/8" and left side quarter panel sticks inboard about 1/8" instead of being flush.

I wasn't able to open trunk and inspect rest of it

I stopped and discussed this with MY insurance agent he told me not to accept the body work repairs... and on transmission he wasn't sure so he made few calls and was told due to age (2005) & mileage nothing they can do about transmission.

I say bullshit.

any advise to dealing with insurance company of the guy that hit me?

Looks like I'm going to have to hire a lawyer at MY $$

thanks

mike

[JohnRich 4]

Raise hell. Be firm. You have the right to have your car restored to its previous condition.

Don't accept a compensation check until everything is done right. Once you take that check, you lose any right to any further claims.

About two years ago the insurance company was screwing me on the value of my totaled car. I refused to accept the check. They wouldn't budge. We were at a stalemate for about six months. At that point they just want to close the case, and they finally came up to my figure. Deal done.

[mx757 4]

I can't get my car back its in body shop. they won't release the car and I can't get transmission issue resolved..because I won't settle with insuance company.

looks like I' going to have to leave it there...hopefully building up storage charges...$$$

they sent me a check Fedex overnight I refused it sent it back Fedex overnight without opening it.

[airtwardo 7]

The guy hit you from behind right?

Hit you from BEHIND...

Just maybe... you missed a couple days work because of those searing pains shooting through you neck and lower back?!

I'd let it slip to that guys insurance company, that NOT getting your car fixed right in a timely manner is seeming to add complications to your injuries incurred during the accident...you know, when you were HIT FROM BEHIND!

~ If you choke a Smurf, what color does it turn? ~

[lost_n_confuzd 0]

Quote

I'd let it slip to that guys insurance company, that NOT getting your car fixed right in a timely manner is seeming to add complications to your injuries incurred during the accident...you know, when you were HIT FROM BEHIND!

+999999999

Be firm and don't give in until YOU are satisfied.

[Nataly 38]

My friend who worked for an insurance company told me it was standard for them to dick you around giving you either nothing, or else much less than what you are entitled to as a starting point.. Apparently most people give up very quickly, and that's exactly what they count on.

My advice is don't cave. Persist and make a nuisance of yourself and make it clear that you mean business. The insurance company should ensure you are put back to the position you were in before the accident. If your clutch wasn't a problem before the accident, it should be fixed.

It's reasonable of you to want compensation up to the point where if the accident hadn't happened at all you'd be in the same position as you are now. Anything less is unacceptable. So don't accept it.


Edit: spelling

"There is no problem so bad you can't make it worse."
- Chris Hadfield
« Sors le martinet et flagelle toi indigne contrôleuse de gestion. »
- my boss

[mx757 4]

today I sent out my settlement offer letter via Certified US Mail: # 7099 3220 0010 0574 5527 and I hand delivered it in person to the insurance adjusters office.. I was very nice & Polite.

here is reply I got from My insurance agent today..

Dear Mr. Boland

Mr. Al Rowland with Unitrin Specialty Insurance contacted the office regarding emails and appearances you have made at the Unitrin Specialty Insurance office. Mr. Rowland reported that these emails and visits have been threatening and harassing and he requests you stop any further contact with his office.



WTF??

[Heatmiser 0]

Call a lawyer, and let him or her correspond with the insurance co

What you say is reflective of your knowledge...HOW ya say it is reflective of your experience. Airtwardo

Someone's going to be spanked! Hopefully, it will be me. Skymama

[TriGirl 343]

and if they can't fix your car to the condition pre-collision, then they can feel free to call it "totalled" and give you the money to replace it.

See the upside, and always wear your parachute! -- Christopher Titus

Shut Up & Jump!

[Andy9o8 2]

I'm a lawyer and I've dealt with a zillion of these cases, from both sides. Although I often get obnoxious about non-lawyers giving legal advice in here, in this case everyone in the thread so far is spot on.

Yeah, you really need to hold firm on your claim and get a lawyer. Although this isn't a bodily injury case, there are a fair number of lawyers who might handle this kind of case (a property damage compensation case against your own ins. co.) on a contingency fee basis. Shop around. The good news part of that is that there's no fee paid out of your pocket to get the case started, or if you lose the claim. The unfortunate part is that you'll have to pay about 25-33% of any recovery to your lawyer. Blame your insurance company for that. Still, 66% is better than nothing. Good luck.