Jim
greentown,#2Author of original report
Thu, November 16, 2006
Yes she does go by the law and drives with insurance, and yes our insurance is paying her medical bills untill nationwide takes over them. I have decided to not talk to them untill they decide to up their offer, I'm still not happy about getting a lawyer to get what is only fair, but I am leaning in that direction, because I can see that nationwide dosen't play fair or knows what fair is. Again we are not looking to get rich on a lack of judgement on someones part, just to get what is fair, and that is a REPLACEMENT of what she lost. Thnks for all of your comments, I'll keep you all informed.
Chip
Anytown,#3Consumer Comment
Thu, November 16, 2006
It doesn't matter who is at fault. Go through your insurance -- as their customer, they'll take better care of you. In a case where it isn't your fault, your insurance co will subrogate against the at-fault party's insurance co -- let them battle it out. In the meantime, your medical bills are taken care of up to your policy limits, as is your rental car. Forget about the other guy's insurance... and get an attorney for pain and suffering. I should know... I just went through this with Allstate (a very sucky company). By the way, if you use your insurance co, and the accident wasn't your fault, and they recover their payments through subrogation, your rates will not go up at all.
Christine
Racine,#4Consumer Suggestion
Thu, November 16, 2006
Perhaps she doesn't want to get her insurance company involved because she doesn't want her premiums to go up. Regardless of whose fault it is, every time you make a claim, you are putting yourself at risk for a price increase. Besides, whether it's her insurance company or the other driver's, they are both in the business of looking out for themselves first and foremost. I'm not one to advocate frivolous lawsuits, in fact I think this society has become much to litigious, however in some cases it's the best way to get what is due.
Mike
Radford,#5Consumer Suggestion
Thu, November 16, 2006
When you REALLY ARE injured by someone else in an accident, and you don't have health insurance or health coverage on your auto policy, the only way you'll get anywhere is with an attorney. If you don't claim injuries in an accident, the other guy's company tends to be a lot more prompt and generous paying for your property damage. (Still you must have Collision on your policy for this to work.) They don't care so much about giving up a couple thousand on the car's value. It's when there's a five-figure injury claim at stake that they start getting really defensive.
Dave
Jacksonville,#6Consumer Comment
Thu, November 16, 2006
Yes, the OP definately needs an attorney. It doesn't matter what the car was worth, it matters that the OP cannot get another car for the crap amount that the insurance company is trying to give her. I have a perfectly good 91 MR2, with 57000 miles on it. Blue book is somewhere around 4400 and 5500, the insurance company would offer 3500, yet it is in mint condition and couldn't be replaced for 3500. The insurance companies are only looking out for their best interests. In this case, an attorney is justifiable, she was rear-ended, her car was totaled, and she was injured. She should NOT be dealing with Nationwide at all, her ATTORNEY should. And, attorneys get 33%. That means 67% goes to the client. How does the "attorney only win"?
Mark
Trinity,#7Consumer Comment
Thu, November 16, 2006
You all that are advocating an attorney must be one. No one wins when an attorney is involved but the attorney. So many people think that because they have an accident that they are owed an amount on their car that is much higher than the true value. Fact of the matter is your car is valued at what other cars are selling for in the area of what you live. NADA, KBB, all are guides, not bibles. If you were driving a 1999 Nissan Sentra, that what they owe you, not a 2003 because you can not find a 1998. As far as making it up on the other end, PLEASE, only the attorney will make any money.
Steve
Bradenton,#8Consumer Suggestion
Thu, November 16, 2006
Jim, Immediately cease contact with them. She should have gone to a personal injury attorney right away. You make up on this end what you lost on the other end. That is the way it works. You are under no obligation to accept any offer as final. Always reject the first 2 offers. You have a legal right to be "made whole" in any insurance settlement. The courts will back you up.
Elaine
Boise,#9Consumer Suggestion
Thu, November 16, 2006
You let YOUR insurance agent/company handle all the BS from the other guy's insurance. Your insurance will pay up front for medical and get you on your feet and then go after the other person's insurance. Any enrichment you seek is AFTER your medical and so on is paid. Call your insurance agent. Your daughter was driving WITH auto insurance on her car, wasn't she?????
J
Anna,#10Consumer Comment
Thu, November 16, 2006
attorneys. Your daughter should hire one immediately and sue.