[Ben M.]

So in my continuing drama filled life, I traded my wife’s car in on a newer one. I owned the car for 3 days and less than 75 miles and got rear ended by a guy in a truck while waiting in the security line to get in to work. He was driving somewhat erratically, like he wasn’t paying attention and plowed into me at 25MPH without hitting his brakes. I had to go to the ER for whiplash and sore back/stomach and they towed the car. He mashed up the bumper and trunk latching assembly and apparently both quarter panels - insurance totaled it yesterday. The amount they say it’s worth is half what the loan balance is. I always get gap insurance and requested it here, but now they’re saying I owe the balance difference because they don’t have a record of me requesting it and my policy doesn’t cover it. This is my insurance company who also has the note (USAA).

Is this a time for a lawyer to go after the other guy? I don’t like going that route but I’m on the hook for $10k+ in addition to medical bills... on a car that I’ve owned 10 days and 8 of those days it has been wrecked. Or could I attempt to negotiate with my insurance company to get this resolved?

[77 Canamman]

Lawyer up, and go after the other driver.

[tempest1964]

X2 on that. The insurance company is not your friend. They have attorneys on retainer to save them money in cases like this. You definitely need professional representation.

[Mr Anonymous]

What they said. Stop talking about it online, and delete your post or edit if possible. They WILL see it.

[TAKerry]

Originally Posted by tempest1964

X2 on that. The insurance company is not your friend. They have attorneys on retainer to save them money in cases like this. You definitely need professional representation.

This, and hope the other driver had insurance.

[Half-Inch Stud]

Basic assumption is you have the OTHER guy's Insurance cover the damages and medical.

[tigergto]

I’m not trying to be a d**k head, but the first thing that comes to mind is why is the car only worth half of what you recently paid for it? Did you carry over a balance from your previous loan or did you over pay for your new vehicle. Again I’m not try ing to bust your chops, I realize your in a difficult situation.

[455HOGT37]

The other guys insurance is on the hook to make you whole. Period. Dot. Unless there is more to this story, you should not be out a dime.

[The Champ]

Originally Posted by Ben M.

The amount they say it’s worth is half what the loan balance is. I always get gap insurance and requested it here, but now they’re saying I owe the balance difference because they don’t have a record of me requesting it and my policy doesn’t cover it. This is my insurance company who also has the note (USAA).

First of all, why have you discussed settleing this claim with your USAA (your insurance company)? You were the victim, not the at fault person in the accident.

First and foremost, you should be dealing with the other fellows insurance. Now they will be looking to pay you Actual Cash Value for your car. There is no way that a 2 day old car with 75 miles should have a value of $10,000 less than you paid (unless you financed way more than the actual sales price of your car.

Ask that insurance company to find you an exact replacement vehicle with 75 or less miles - they won't find one that cheap (again - unless you financed more than you paid for the vehicle).

As to USAA.... If you requested "gap insurance", did you get it in writing? If you had it on your previous vehicle, you should have the exact same coverage on the replacement vehicle - unless you requested otherwise.

USAA makes a lot of commercials that make it sound like a veteran would be foolish to have their insurance with any other company. I just had them quote my homeowners, auto and umbrella coverage again and they were 30% high and my coverages were actually better then their quotes despite USAA's higher price.

[getmygoat]

As said, this is all the other driver's fault. If his insurance isn't treating you well, get a lawyer.

There are multiple methods of valuing your damage. One is based on car value. The other is based on your loss. You have a strong argument for restitution based on your loss. Don't forget to include the taxes and registration fees you paid for the car. That should be part of the settlement so you do not have to bear those costs with a new car.

Your medical bills will also be covered by at fault insurance.

[geeteeohguy]

Get a lawyer and stop posting. Get checked out THOROUGHLY by a doctor. Get it documented. I was hit at an intersection while stopped on my motorcycle in 2000, and shrugged off the injuries as 'part of life'. The guy's insurance paid for the bike. 19 years later, the ankle I banged up then lets me know every time it's going to rain and is arthritic. I haven't been able to run since. Cover your bases and GET CHECKED OUT.

[Region Warrior]

As said, your insurance company should be pursuing bills from other company and/or individual, not you.
Oh ya, from memory you go back after him within 3 years.

[gary bennett]

Quick, Dial 1-800-lawyer

[GT182]

Originally Posted by tempest1964

X2 on that. The insurance company is not your friend. They have attorneys on retainer to save them money in cases like this. You definitely need professional representation.

As Tempest said..... The insurance company is NOT your friend. And that goes for both sides.

Also your priority too.. get checked out by a doctor or the ER asap. A lawyer will tell you that. You could have internal injuries that are worse than what you think they are. I had a friend that died because of internal injuries caused by being rear ended and the seatbelt.... he didn't go to the ER or a doctor.

[Scott Roberts]

I am in no way a fan of attornys but they do have their place in this world... Your situation is one of them... as said before, if you didnt roll another loan into that car, you should be made whole financially... if you did, that balance is on you.
My wife totaled a car and I refused the insurance companies offer... we went round and round and I finally got what it was worth... I'm not a lawyer but the wife says I should be...lol

[67GTONUT]

Been through this with my wife....

Delete this post....
Get a Lawyer....
Get checked out and document everything...
Even your own insurance company will fight you on medical....
Stay off social media totally ... or post very carefully....

[wovenweb]

Originally Posted by The Champ

First of all, why have you discussed settleing this claim with your USAA (your insurance company)? You were the victim, not the at fault person in the accident.

As the OP has collision coverage, he can settle the loss of his vehicle under that coverage with his carrier. If, as in this case, he is not at fault, his carrier will then go to the other carrier for the money paid out. This is known as subrogation.

[77 TRASHCAN]

Get R.D. Mercer on their ass!!!

[The Champ]

Originally Posted by wovenweb

As the OP has collision coverage, he can settle the loss of his vehicle under that coverage with his carrier. If, as in this case, he is not at fault, his carrier will then go to the other carrier for the money paid out. This is known as subrogation.

Fully understood that (spent 10 years of my life selling insurance).

But why would you first try and settle with your own company? You have to pay a deductible if you collect from your own company (yes, you will get that back if your company subrogates and collects from the other company).

I would only look to collect from my company for a not at fault accident if the at fault individual's company refused to pay the claim properly. It took me a few calls and the threat of taking State Farm to small claims court to get them to settle a claim when their insured ran into my daughter's car years ago.

Their adjuster was attempting to claim it was a 50/50 deal when their insured admitted to both my daughter and the investigating officer (a friend of mine) that it was her fault.

Made State Farm pay for temporary repairs, car rental and the repair. Told the VP of adjusting that I wanted my check hand delivered by the offending adjuster by close of business the same day.

The jerk came into my office with his tail between his legs and delivered my check within 30 minutes.

[wovenweb]

Originally Posted by The Champ

Fully understood that (spent 10 years of my life selling insurance).

But why would you first try and settle with your own company? You have to pay a deductible if you collect from your own company (yes, you will get that back if your company subrogates and collects from the other company).

I would only look to collect from my company for a not at fault accident if the at fault individual's company refused to pay the claim properly. It took me a few calls and the threat of taking State Farm to small claims court to get them to settle a claim when their insured ran into my daughter's car years ago.

Their adjuster was attempting to claim it was a 50/50 deal when their insured admitted to both my daughter and the investigating officer (a friend of mine) that it was her fault.

Made State Farm pay for temporary repairs, car rental and the repair. Told the VP of adjusting that I wanted my check hand delivered by the offending adjuster by close of business the same day.

The jerk came into my office with his tail between his legs and delivered my check within 30 minutes.

We are missing certain information, such as state/coverage/status of other person's insurance, etc, needed to know the best path forward. Given that missing info going through his carrier may have been the been the best option. He likely needs to adjust his approach going forward if that is possible.