Just wanted to update. Insurance just got back to me today about 10 mins. ago. They upped the offer from $2300 to $2880...

First it was $2300 and maybe I'll get my deductable back to make it $2800. Now it's $2880 and maybe I'll get my deductable back to make it $3380.

It's still not enough... Where do I go from here? I've show them comparables that are a lot more than mine was. I even have about 10 more that I can show them... I honestly don't get why they are trying to nickle and dime me here. It's BS!

I mission planned today and am flying tomorrow and wednesday. Then I have to go in and type up the report on the students that I'm flying with on thursday.

 

late chime-in

http://www.jimadler.com/

 

[media]http://www.youtube.com/watch?v=zfnfsuSl_oA [/media]

 

Because Insurance companies wil try to Jbag you out of every nickel they can save, just tell them that you are turning it over to lawyer and that should up the offer.

 

Hammer dude wont help, hes only in it for the injury thing as well

 

Hi everybody. It's your old friend, Legal Bill.

Please remember, I'm not your lawyer. I'm only licensed in Massachusetts. I'm not licensed in your jurisdiction. I'm just shooting the breeze on here with the rest of you. For accurate legal advice, please consult a licensed lawyer in your area. I have not read anything about personal injuries on this thread, so I am writing under the assumption that the only thing at issue is property damage, limited to the vehicle and replacement transportation.

If I were you, I would not bother trying to chase the police department to get my money. The officer who hit you and the department he was working for at the time of the accident have potential liability for your damages. But the key word is "potential." Unless the police department and the town in which the department is located is swimming around in extra cash, they are not likely to whip out a check book and meet all your demands. They are much more likely to deny the claim or take a very long time to investigte the liability and then fight about the amount of damages.

Your insurnace company has immediate, contractual liability. They agreed to pay your damages if you had an accident. The only thing they can dispute at this point is the amount of the loss. Fighting about the fair value of the vehicle is a pain, but a lot less of a pain than first having to prove liability. I would focus on the insurance company. You probably need to spend an hour looking at you policy to understand the valuation provisions. What does it say about the basis on which they will pay? Insurance policies usually have specific language about this and if the policy measures loss on a specific basis, then that is the method that must be used UNLESS it is in violation of your local laws.

Right now, you look to the insurance company like a poor soldier who is not equipped to fight this battle. They are giving you the old slow down. They know you need a new car and they feel time is on their side. You have not raised any flags to suggest that you have teeth and might bite them. You need to write them a nice letter and send it electronically and by mail. I would also cc the local department of insurnace on this letter. In case you are not sure what to write, something like this should work, but first compare the language in your policy to the quoted sections of Oklahoma law. It is possible that your policy selects one of the alternative methods of valuation:

Claim Handler Name and title
Insurance Company Name
Insurance Company address

Date:

Re: Claim number:
Date of Loss:
Policy Number:
Insured: (your name)

Dear ______________,

I am writing in furtherance of my claim for damage to my (year, make, model). My vehicle was damaged when it was struck by a police vehicle that was making a U-turn on (name of street). The police were immediately alerted to this accident and responded to the scene. I have obtained a copy of the police report and I enclose a copy of it for your review. As you can see, the report states (insert best information here). Clearly, this accident was not my fault and I am entitled to the full value of my vehicle. As the responsible party has been identified by the police, my deductible should be waived. Your company can recover the full amount of the claim from the responsible party or his employer.

Previously, we have discussed the value of my vehicle. You have offered me $_____, $______ and most recently $______ for my SUV which you have assessed as a total loss. This amount is inadequate. The NADA value of my SUV is $_______. In addition, comparable vehicles of the same year and mileage are for sale locally for $______ and $______. I am enclosing copies of the NADA value as well as copies of the adds I have found for comparable vehicles for your review.

During our conversations, you indicated that the amount you have offered is reasonable for my vehicle. You have provided no proof for that conclusion. In fact, there does not appear to be any support for your conclusion. Oklahoma law provides as follows:

§36-1250.8.

A. If an insurance policy or insurance contract provides for the
adjustment and settlement of first party motor vehicle total losses,
on the basis of actual cash value or replacement with another of like
kind and quality, one of the following methods shall apply:

1. An insurer may elect to offer a replacement motor vehicle which is
a specific comparable motor vehicle available to the insured, with all
applicable taxes, license fees, and other fees incident to the
transfer of evidence of ownership of the motor vehicle paid, at no
cost to the insured other than any deductible provided in the policy.
The offer and any rejection thereof shall be documented in the claim
file; or

2. An insured may elect a cash settlement based upon the actual cost,
less any deductible provided in the policy, to purchase a comparable
motor vehicle, including all applicable taxes, license fees and other
fees incident to a transfer of evidence of ownership, or a comparable
motor vehicle. Such cost may be determined by:

a. the cost of a comparable motor vehicle in the local market area
when a comparable motor vehicle is available in the local market area,

b. one of two or more quotations obtained by an insurer from two or
more qualified dealers located within the local market area when a
comparable motor vehicle is not available in the local market area, or

c. the cost of a comparable motor vehicle as quoted in the latest
edition of the National Automobile Dealers Association Official Used
Car Guide.

B. If a first party motor vehicle total loss is settled on a basis
which deviates from the methods described in subsection A of this
section, the deviation shall be supported by documentation giving
particulars of the condition of the motor vehicle. Any deductions from
such cost, including, but not limited to, deduction for salvage, shall
be measurable, discernible, itemized and specified as to dollar amount
and shall be appropriate in amount. The basis for such settlement
shall be fully explained to a first party claimant.

You have not satisfied these provisions, nor have you supported your deviation from the acceptable provisions quoted above. In fact, all you have done is presented me with unsupported below-market offers and threatened me with the cost of storage of my vehicle if I do not accept your below-market offer. Your actions may be in violation of Oklahoma statute.

Please review this claim in light of the above and the information I have attached, and respond to me not later than ____ days after receipt of this letter. It has already been ____ days since my accident and I remain without a vehicle or even a reasonable settlement offer. This is an undue burden for me and I am surprised that your company treats on-duty military officers in this fashion. I am hopeful that we can resolve this claim ammicably without the need for me to file a formal complaint with the Oklahoma Department of Insurnace.


Sincerely yours

Military Guy

cc Commisioner of Insurnace

Like I said above, I'm not licensed to practice law in your area. This just what I would do if I were in your shoes. You should consult a local attorney.

 

And check my spelling. I type too fast and misspell insurance.

 

Legal Bill is the awesome.

 

That is awesome. I wish I had the ability to write lawyer letters.

 

that is epic win. legalbill, you have been added to the back lot Internets roster with 10,000 Internets.