Insurance Frustration!
- Thread starter Jetboy
- Start date
Yukon4Runner
New member
I beleive Plexicorp is the primary plastics supplier to Toyota. This informative video might answer some of your questions,
https://m.youtube.com/watch?v=xaVgRj2e5_s
Woz1976-MT
New member
The way this game works is that Geico is trying to save as much as money as they can (ie. the low-ball repair). Normally, your insurance company will step in -- you have the choice over which company to use -- but will require your deductible to be paid. Good insurance companies will refund your deductible first, and then get the rest of what they paid through subrogation.
As far as filing a claim in civil court with the owner that hit you, yes Geico will defend them. However, over a simple property damage claim, Geico will not want to go to court over the difference in repair bills. Their attorney fees alone will multiple times that amount. Therefore, if you go the route of a lawsuit, you'll most likely prevail.
Another thing to mention is the additional possibility of a "diminished value claim". They are hard to prove, and they can't be done until after the vehicle is repaired and sold, but you can then (even after having Geico repair it) bring suit against Geico for not getting what you would with OEM/new parts, etc.
Lastly, legal stuff doesn't really scare an insurance company (though as I mentioned above they usually won't fight a property damage suit). But mentioning and lawsuit over "unfair claims practices" will seriously get their attention. That's where they pay for wronging someone, and then pay a LOT in punitive damages for their wrong. You'll want to research Utah's insurance statutes for whatever terminology Utah uses, but it's usually something to the effect of unfair claims practices or unfair claims settlements.
It's gonna' be a bit of a fight, but go after the bastards!!
PS: I'm a former State Farm auto claim rep -- converted quite a few Progressive and Geico policyholders in my time.
As far as filing a claim in civil court with the owner that hit you, yes Geico will defend them. However, over a simple property damage claim, Geico will not want to go to court over the difference in repair bills. Their attorney fees alone will multiple times that amount. Therefore, if you go the route of a lawsuit, you'll most likely prevail.
Another thing to mention is the additional possibility of a "diminished value claim". They are hard to prove, and they can't be done until after the vehicle is repaired and sold, but you can then (even after having Geico repair it) bring suit against Geico for not getting what you would with OEM/new parts, etc.
Lastly, legal stuff doesn't really scare an insurance company (though as I mentioned above they usually won't fight a property damage suit). But mentioning and lawsuit over "unfair claims practices" will seriously get their attention. That's where they pay for wronging someone, and then pay a LOT in punitive damages for their wrong. You'll want to research Utah's insurance statutes for whatever terminology Utah uses, but it's usually something to the effect of unfair claims practices or unfair claims settlements.
It's gonna' be a bit of a fight, but go after the bastards!!
PS: I'm a former State Farm auto claim rep -- converted quite a few Progressive and Geico policyholders in my time.
MisplacedTexan
New member
This right here. Got the run around by State Farm in Louisiana after one of theirs hit me. Ended up having to serve them with papers, and file a claim against the Louisiana State Insurance board....or whatever it's called.
Papers got served, and I didn't hear back. But as soon as I filed the claim with the state I got a call back the next day that they were paying in full for factory parts and labor.
Granted I gave them plenty of time. it was like a 2 or 3 month work-up to that point with me just letting the car sit on the lot and driving their rental.
Jetboy
New member
Thanks!
Fortunately in Utah I don't have to sell it to seek a diminished value claim. But I do have to prove it. There are a handful of appraisers who I can hire as expert witnesses. They run about $200 to provide an appraisal report, then hourly if I actually get to the court stage. But I don't think it would go that far.
My first shitty job out of law school was collecting on car accidents for government vehicles or property - so if a car crashed into a city vehicle or something like a park bench. You'd be surprised how often police cars get hit during traffic stops... In the one year I did that I think I had 5 or 6 of those. I've never had an insurance company even get to the discovery stage. They always seem to take the hard line until you sue, then they fold within a day or two after.
This just seems so ridiculous to take it this far. It's pretty minor damage and all I asked for was a decent quality repair.
e60ral
Banned
I want to defend GEICO a little bit, I've had GEICO for years and they have been great through multiple claims and for a price almost half of what state farm could quote me. They are probably not being great to you because you are not their client, they are probably being very helpful for the other party.
What is your apprehension about filing a claim with your own insurance? It doesn't seem worthwhile for you to be out of pocket for the expense of hiring a lawyer when you are paying a company every month who will do that for you. There seems to be a running trend on this site with people afraid of their own insurance (the other example that comes to mind was the user who got rear-ended and they want to fix it themselves because the other person's insurance is being slow)
What is your apprehension about filing a claim with your own insurance? It doesn't seem worthwhile for you to be out of pocket for the expense of hiring a lawyer when you are paying a company every month who will do that for you. There seems to be a running trend on this site with people afraid of their own insurance (the other example that comes to mind was the user who got rear-ended and they want to fix it themselves because the other person's insurance is being slow)
Simpleman74
New member
Ya well I want to base Geico! They suck! Had them for almost 15 years and when I moved to the east coast they doubled my rates....
Fidgets
New member
In post 19 he states his insurance is of little help.
I was hit from behind once, and my insurance firm was frustrating to deal with. They wanted to send an appraiser which was difficult to schedule - first available appointment was several weeks out, said i had to pay the deductible, and wanted to use non-OEM replacement parts - when I was clearly not at fault and I only had the (new) vehicle for 1 month.
Long story short: I worked directly with the other guy's insurance - no questions asked by taking it to one of their approved repair shops (a few nearby had stellar ratings online) and with OEM replacement parts. And, I immediately switched insurance co's to the other guy's firm.
e60ral
Banned
but they aren't going to be much help until he files a claim
when you file a claim with your own insurance, you will have to pay a deductible. this will be reimbursed to you after your insurance goes through subrogation.
in your story, if you were the other guys insurance and he had yours you still would have had to pay the deductible when filing on your own insurance and would be reimbursed through subrogation.
not being temporarily out of pocket is why it usually makes sense to file with their insurance, but if they are not doing a good job (or maybe not giving you enough money for a rental, etc...) you can file with your insurance. The OP is at the step of their insurance not giving him what they should, so instead of being temporarily out of pocket for a deductible he will be out of pocket for a lawyer.
what i am asking is why? what is the apprehension with filing a claim?
Renegad44
New member
Exactly, same thing here. I was sitting (first) at a stop-light, car with right away decided to hit me, complete front bumper replaced, driver headlight, and fog light assembly, grill, and they had to re-do my clear bra. The guy had insurance, but I let my insurance fix my vehicle, and deal with his company. It's been 2 years now, my deductible was refunded approximately 45 days after the accident. There was no increase in my policy premium. Had my truck (2011, Limited) fixed in 5 days, OEM parts.
Good luck.....:thumb3:
Jetboy
New member
I did. They would pay for it, but I'd then pay $1,000 deductible and they'd subrogate. My experience has been that my own insurance doesn't pursue subrogation very strongly against a 3rd party. They'll make a claim, but they won't put much effort into it.
Jetboy
New member
I really don't mind being out of pocket for the deductible for a bit. I just don't trust my insurance to work very hard for me on this. And in my case the lawyer is free so it seems like the better option. In a perfect world they'd just fix my car correctly and life goes on. We're fighting over a very small dollar value, but I'm kind of an ******* so I'm not accepting it.
Rates can be state specific for the same policy. I live in Louisiana and pay out the nose because people here cannot drive. Do not get me started on what Hurricanes do to my Home owners policy. I live 6 hours north of the coast and still pay additional premiums because of Hurricanes.
MikeBuzzsaw
New member
If you don't trust your insurance to work very hard for you.... you need to find a new insurance company......
if its the other persons fault, you pay no deductible.
Simpleman74
New member
I live I Florida.... I know hurricanes all to well, I'm only a mile from the coast. My point is I haven't made a single claim and my rates keep going up because of other dumb asses on the road
The body shop that you go to can also help you out. On my previous car I got hit, the guy had no insurance so my insurance had to pay. They said aftermarket parts only. The shop i took it to replied back to them and said after market wheel tolerance is XX, the manufacturer says the wheels have to be within YY, are you saying to put something potentially not safe and out of manufacture spec on the car? insurance backed off and I got all OEM parts, etc. Supposedly they also do work for the dealership so they can get OEM parts for close to what they would pay for after market, so I'm sure that helped. It added a week or so to the repair time while they hassled my insurance company, but I never had to call or do anything.
Fidgets
New member
Maybe his insurance firm will be helpful if a claim is filed.
In my case, mine was not. Not all insurance firms require non-OEM parts when the other driver's at fault in a case like this.
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Watchdogg
New member
Exact same thing happened with my wife's car. Body shop was a local guy in town. He was a pleasure to work with. Probably added a week to repair but was well worth it. As far as depreciated value, if you go to trade your truck in with $2000 repair on carfax, they're gonna offer you $2000 less on your trade. That's the way they work. Shouldn't be too hard to prove. To bad you weren't closer I have my superwhite bumper cover sitting in my garage. Got aftermarket bumper,
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Simpleman74
New member
well at least it was her car and not her! LOL
Glad she is OK though.... when it rains it pours
