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How do I handle this? Insurance company.....


Prairie~Phlox
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The end of July I was in a parking lot accident, backing out, I was out farther than she was, I have a wrinkle above my gas cap, she had a paint scratch on her bumper. I called our insurance right away & we were not going to file. About 2 weeks later, we got a call from her insurance company & they wanted an estimate. It was $500 damage, dh wants them to pay the full amount. The other person has not submitted what they need to, I've talked to the insurance company almost every two weeks "touching base" still nothing, they'll gladly rule it 50/50 & pay the 50%. Dh is NOT happy & wants them to pay 100%. It's an 05 van, so nothing new. He's making me do all of the calling because it was my accident. I just want it to be over with any advice??? I can not give in. I should add, unfortunately it was an Asian chick that barely spoke English. 😜

Edited by Prairie~Phlox
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I'm confused. If you were not going to file, were you just leaving the damage as is? Or pay out of pocket until you received the call from the other insurance company?

 

What can't you give in on?

 

What kind of advice are you seeking? Dealing with the insurance company? Telling your DH to let it go?

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You should be dealing with your insurance company.  They should be dealing with her insurance company.  You don't have to deal directly with the "Asian chick".  Your insurance company has made a ruling.  You can appeal that ruling.  But it's not like you can force the insurance company to pay what he wants them to pay.  $250 for a repair that you weren't intending to make is still good even if it isn't the $500 jackpot that your dh is wanting. 

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We most likely weren't going to file, we hadn't really "planned" to do anything. Dh thinks the insurance company is just making excuses, they said they've tried to get ahold of their client, and used a translator, but haven't gotten a response.  I have only spoken with their insurance company(other than telling mine about the accident so they would know). I've tried to tell DH to just let it go, but he won't, so I need any advice on dealing with the insurance company, he's expecting them to pay the $500 and won't budge, it does not matter what I say, we've argued over this several times, he works in the county Courthouse and has gotten advice from a traffic cop, and others and it doesn't matter what I say to him, he won't just let it go and yet I'm the one who has to make the calls, any advice dealing with him won't help me.

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Well, that's easy. Just don't make the calls.

 

"I've decided to let it go. If you'd like to continue, here is the phone # and claim #. I will not speak of this again."

 

Then, don't speak of it. If he brings it up, change the subject. Or remain silent. He can't force words to come out of your mouth.

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Call your insurance company.  They need to deal with this on their end.  They still might come back with the same 50/50 offer, so be warned.  Ask what the appeal process is.  Once you've gone through the process, then present the results to your dh.  He may or may not like the results.  But at that point you've done all that you can truly do.  I'm going to assume that he isn't abusive so he might be mad but what can you do? 

 

 

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Well, that's easy. Just don't make the calls.

 

"I've decided to let it go. If you'd like to continue, here is the phone # and claim #. I will not speak of this again."

 

Then, don't speak of it. If he brings it up, change the subject. Or remain silent. He can't force words to come out of your mouth.

He's not abusive but he's argued with me over this and has become angry, saying that's how insurance companies work, they want you to back down. I can argue until I'm blue in the face, it won't matter, I texted him the claim & phone number, he won't deal with it. it was not 50/50, where she hit me it was obvious that I was farther out & she didn't see me, he doesn't want to give in at 50/50 because it's not correct.

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I'm not sure why you felt the need to add that the person is an "Asian chick" but if the accident was both people's fault, 50/50 is a fair split. If not, your insurance should handle it for you.

I only said that because she did not really speak english & have a clue on what to do. It would have been much easier to talk to someone that communicated well at the time of the accident.

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He's not abusive but he's argued with me over this and has become angry, saying that's how insurance companies work, they want you to back down. I can argue until I'm blue in the face, it won't matter, I texted him the claim & phone number, he won't deal with it. it was not 50/50, where she hit me it was obvious that I was farther out & she didn't see me, he doesn't want to give in at 50/50 because it's not correct.

You are free to make the same choice. You don't *have* to do anything, either.

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He's not abusive but he's argued with me over this and has become angry, saying that's how insurance companies work, they want you to back down. I can argue until I'm blue in the face, it won't matter, I texted him the claim & phone number, he won't deal with it. it was not 50/50, where she hit me it was obvious that I was farther out & she didn't see me, he doesn't want to give in at 50/50 because it's not correct.

 

My response to that would be "you can get glad in the same pants that you got mad in and if not,  you can go change them."  There is a point where you can't do any more.  (I personally would take one more run at it since you didn't go through your own insurance as is standard but that's it.) 

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You said you're not going through your insurance at all, right? Is that because the repair is less than your deductible or the fact that you don't want it on your record? (It still might be even if the other company pays.) At this point,  honestly, I'd pull the husband card. Since your DH is the one who is upset and not satisfied with your effort, I'd tell him he needs to call because the insurance company may deal more satisfactorily with a guy. I hate saying that (even though DH seems to get less run around than I do at times). It's likely not even true in this case. But it might get your DH to stop giving you a hard time for something that is out of your control. 

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50/50 is fair. You were both backing out and collided. Both of you are at fault. The fact that you were backed out farther isn't relevant. If you were driving down the aisle and a car backed into you, then the backer was at fault.

 

I have only ever dealt with my own car insurance company. That's what I pay them for. If you are not at fault, your own insurance company should still negotiate with the other insurance company for your payment. With shared fault, you can still go this route but I suspect that you would get the $250 from the other insurance company and the other $250 would be subject to your own deductible (mine is much higher than $250) AND it would go on your record and could impact your insurance rates.

 

I would have just let it go from the beginning.  

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50/50 is fair. You were both backing out and collided. Both of you are at fault. The fact that you were backed out farther isn't relevant. If you were driving down the aisle and a car backed into you, then the backer was at fault.

 

I have only ever dealt with my own car insurance company. That's what I pay them for. If you are not at fault, your own insurance company should still negotiate with the other insurance company for your payment. With shared fault, you can still go this route but I suspect that you would get the $250 from the other insurance company and the other $250 would be subject to your own deductible (mine is much higher than $250) AND it would go on your record and could impact your insurance rates.

 

I would have just let it go from the beginning.

Exactly. For a $500 claim, let it go. Otherwise it will end up on your record and it isn't worth it. Save filing a claim for the big things.

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So she laid a claim with her insurance company who contacted your insurance company who contacted you? You have not laid a claim so if it is 50/50 then her insurance and yours need to sort it out with her. If you are not claiming to get yours fixed then you don't any money anyway.

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It seems a little odd to me too that the other ladies insurance company contacted the OP.

 

If the OPs estimate is $500 and the other insurance company is willing to pay 50% of the claim then that means they are willing to write her a check for $250. If the other lady is not filing a claim with her insurance or with the OPs insurance then that will be the end of it.

 

Parking lot incidences are very often seen as 50-50 fault

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If you both pay 50/50, you will both end up paying the same. It's dumb really. And what is the deductible? Tell your husband if he wants to pursue this, he can, but you won't. The damage is so low, it just won't matter.

It is only the same if the other party also has $500 worth of damage and files a claim against the OPs insurance.

Edited by Scarlett
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