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mosher412008

Claim taking months...

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So a guy fell asleep at the wheel and hit me and 2 other people. He totaled my car and one other while the 3rd car had minor damage on its rear bumper. It's been 3 months and I still have not received my money for my car because the claim guy can't get ahold of that 3rd driver with minor damages. The guy at fault had full coverage but not great full coverage so he may not be able to pay for the full damages of everyone's car(is what his insurance company told me). He also said if I got a rental car they may not be able to reimburse me the money spent on that so I've been getting rides, sometimes a taxi but my life has been hell since and it's been 3 months.... is this right? 

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No, it is not right.  Who determined your car was totalled?  If you have comprehensive or collision insurance did you make a claim against your own insurer.  (I assume you notified them of the incident.  Right?)  If you have such coverage the easiest route is almost always to file the claim against your own coverage and let your insurer deal with the other insurer.  If you really want to get the attention of the other insurer you may need to file suit against the other driver.  Unfortunately, few attorneys will take property damage suits so you may have to do it yourself.

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2 hours ago, mosher412008 said:

So a guy fell asleep at the wheel and hit me and 2 other people. He totaled my car and one other while the 3rd car had minor damage on its rear bumper.

 

So...he didn't actually "hit [you] and 2 other people," his car hit your car and the other cars, right?

 

 

2 hours ago, mosher412008 said:

He totaled my car. . . .  It's been 3 months and I still have not received my money for my car because the claim guy can't get ahold of that 3rd driver with minor damages.

 

Then your car has not been totaled.  Also what "claim guy" are you talking about?  The adjuster for the at-fault driver's insurer or an adjuster with your insurer?  For your reference, in this context, for your car to be "totaled" means that an insurer has determined that the cost to repair exceeds the vehicle's fair market value.  If your insurer had determined that your car was totaled, then your insurer would have issued you a check for the car's fair market value, less your deductible.

 

 

2 hours ago, mosher412008 said:

The guy at fault had full coverage but not great full coverage so he may not be able to pay for the full damages of everyone's car(is what his insurance company told me).

 

Whether or not he had "full coverage" is irrelevant.  "Full coverage" typically means that, in addition to liability coverage, the insured also had collision and comprehensive coverage.  For purposes of a claim against his insurance, all that matters to you is the limit of his property liability coverage.

 

 

2 hours ago, mosher412008 said:

He also said if I got a rental car they may not be able to reimburse me the money spent on that so I've been getting rides, sometimes a taxi but my life has been hell since and it's been 3 months.... is this right?

 

The at-fault driver's insurer is only required to pay up to the limit of his property liability coverage.  If the total damage to all vehicles (including rental car) exceeds that limit, then the insurer will pay the limit on a pro rated basis.  If you don't want to wait until that can be determined, then you should claim against your own collision coverage (if you had it -- and if you didn't, then you now know why you should have it).

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Sorry I should have been more detailed. I have two vehicles and the one involved in the accident I never drive and don't have any insurance on it. My girlfriends car took a dump so I let her use it. She was waiting at a red light with a bunch of other cars when one man fell asleep and hit the car in the back of the line, that car then hit my car, which then caused my car to hit the vehicle in front of mine(the one with minor damage). I contacted his insurance company later that day and within the week there people looked over my car at the junk yard and determined it to be totaled. I get an email from him once a week saying the same thing and that is he is still unable to get in contact with the vehicle with minor damage. Accident occurred on September 28th 2016. 

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Perhaps I can explain why you will just have to wait it out.

 

Sleepy driver's insurance company's claim rep has apparently accepted liability on behalf of his insured and is working on determining the amount to pay out on the three damaged vehicles.

 

He cannot settle with anybody until he has the repair cost for all three vehicles because the Property Damage limit gets pro-rated between the three vehicles.

 

The WI minimum limit for Property Damage Liability is $10,000.

 

If sleepy driver has only the minimum limit, the claim rep has to pro-rate that amount among the three damaged vehicles. It's mathematically impossible to pro-rate $10,000 to vehicles a, b, and c without knowing the damage cost for all three.

 

That's why you have to wait. And, since sleepy driver's insurance company is not your insurance company, the claim rep has no obligation to pay you anything until he is ready to do so.

 

Suing sleepy driver for the full amount of your loss is a good idea so that you have a judgment for the full amount but it isn't going to get you your money any faster.

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