Ovid_and_Flem said:
Klayfish said:
Ovid_and_Flem said:
Follow this script:
Adjuster: "we'll offer $x,xxx."
E&I: "Hmmm....so that's property damage. How long will you leave med pay coverage open?"
Adjuster: "Huh?"
E&I: "Well, my back is hurting...just wanna make sure nothing is going on with that before I release medical claims. Say leave that portion of liability open for say...12 months?"
Adjuster: "would you consider releasing future medical for $1,500?
E&I: "Loss of use?"
Adjuster: "Another $300?"
E&I: "sell me salvage for $550?"
Adjuster: "$600?"
E&I: "Deal."
Um, you know that's sort of "Dear Penthouse" stuff, right? It doesn't really work that way. It's not MEDPAY, first. An adjuster isn't going to leave a claim open for 12 months simply because you ask them to. If you haven't received any treatment, they may or may not offer you a dime, even if you make that veiled threat (trust me, they've heard it a time or two before). Otherwise, you're spot on.
Forgive me....30 years of practicing law has me confused.
Yes, that actually would explain it. 
You say "adjusters will be reasonable as long as you're not trying to bogus up a claim", yet the previous post you clearly indicate you should make veiled threats...which as you know have no value...to try to get more money. Loss of consortium...for a soft tissue claim? OK, sure. Not trying to bogus up a claim?? Right.
The 'burban sounds totalled. It is what it is. Value is what it is. He'd be owed rental, or loss of use, I'd agree with that. Medicals will depend on state law, as you know. But if he's truly hurt and needs medical attention, then he should get it. State law will dictate who pays it. Pretty cut and dry. Why the need to be passive aggressive in the conversation you suggested?
In reply to ebonyandivory :
Another thing...fact that you have same insurance company actually works in your favor in most cases. Who is carrier?
It is a little complicated by fact Massachusetts is a true no fault state.
In reply to Klayfish :
There were no veiled threats in my anecdotal script. Just simple negotiations by someone aware of their rights and potential obligations of an insurer.
Your snarky little "that explains it" comment is more P/A than any comment I made. Even with the emoji.
For what it's worth I got $0 for pain and suffering for my accident (deemed not my fault), which necessitated three separate surgeries. I'm in NC so your experience may be different. Good luck with the claim either way!
In reply to EastCoastMojo :
Usually a lawsuit is required to recover non-pecuniary damages. Hope you recovered satisfactorily.
I think in ma you get 30 days of car rental if not at fault from the other parties insurance. But be very careful with the car rental insurance. That was where I had a big fight when my jag was totaled. They would not cover it and that was many times more $$$$ than the actual rental.
In reply to Ovid_and_Flem :
Plymouth Rock Assurance
In reply to ebonyandivory :
Never heard of them....BBB reviews are evenly split between "great" and "suck." Probably on par with all insurance companies. Let us know how claim turns out. Good luck.
In reply to Ovid_and_Flem :
Thanks! I’m really curious whether it’ll get fixed or totaled and if it gets totaled, how much it might be worth. The bumper cover was hiding that New England rust.
In reply to ebonyandivory :
Thats not rust! Normal NE wear and tear!
ddavidv
PowerDork
12/13/17 8:53 p.m.
I can only speak for my state (PA) but medical and property are like two separate planets. Settlement of one rarely has any effect on the other.
Rental cars are not open ended. Expect from the time of them making an offer you will have maybe a week of rental. A little longer if you settle and they allow for time for titles and checks to go through the mail.
Rental car insurance is not paid by the insurance company UNLESS (and again, your state may be different) you do not have collision coverage on your own vehicle. Reason is that COLL generally covers you in a rental while your car is out of service due to the loss. Be sure to ask about this before getting a rental and signing anything. Rental insurance is a big profit center for the car rental companies.
I did not have rental coverage but that’s being paid by the other persons policy (to reiterate, we happened to have the same company).
Im doubting any real medical expenses. I’ve had the pain put in the official report and have notified my PCP but as long as it remains minor soreness, I don’t see a lot there. And there’s no way you in hell Im gonna exaggerate my medical issues. Not in my DNA.
ddavidv said:
I can only speak for my state (PA) but medical and property are like two separate planets. Settlement of one rarely has any effect on the other.
Rental cars are not open ended. Expect from the time of them making an offer you will have maybe a week of rental. A little longer if you settle and they allow for time for titles and checks to go through the mail.
Rental car insurance is not paid by the insurance company UNLESS (and again, your state may be different) you do not have collision coverage on your own vehicle. Reason is that COLL generally covers you in a rental while your car is out of service due to the loss. Be sure to ask about this before getting a rental and signing anything. Rental insurance is a big profit center for the car rental companies.
Yes, in other states it's the same thing. Property and injury are not the same.
Are you guys paying collision (CDW) coverage for claimants who don't have it own their own car? Always an interesting discussion, and varies state by state. It's something I don't have my group do. The only state that I've gotten push back from is either VT or NH...I forget which one, it's a state I no longer deal with.
In reply to Klayfish :
OP is from Massachusetts I think. A true No Fault state. Thus, he has PIP which will pay first $8,000 of damages.
Ovid_and_Flem said:
In reply to Klayfish :
OP is from Massachusetts I think. A true No Fault state. Thus, he has PIP which will pay first $8,000 of damages.
I don't work with Mass...it's been years (thankfully), but pretty sure no-fault only applies to medical, i.e. the PIP (personal injury protection for everyone else reading that doesn't know acronyms) coverage you mentioned. In those cases, yes, regardless of liability, you need to go to your own carrier for medical bills. Don't think it applies to property damage. The only state with laws like that, to my knowledge, is Michigan.
Yes, I’m from Massachusetts. Home of the Tea Party protest against tyranny in 1773, Mike Dukakis and Barney Frank.
Klayfish said:
Ovid_and_Flem said:
In reply to Klayfish :
OP is from Massachusetts I think. A true No Fault state. Thus, he has PIP which will pay first $8,000 of damages.
I don't work with Mass...it's been years (thankfully), but pretty sure no-fault only applies to medical, i.e. the PIP (personal injury protection for everyone else reading that doesn't know acronyms) coverage you mentioned. In those cases, yes, regardless of liability, you need to go to your own carrier for medical bills. Don't think it applies to property damage. The only state with laws like that, to my knowledge, is Michigan.
I am also in the people’s republic of MA and you are correct. I was told that when fault was then determined the liable insurance company then pays. As for rental I was told the 30 days was statute if you were not at fault. Rental is optional for your own coverage. Rental starts from the day you pick up the rental. When my jag was totaled I drove it a month leading up to the shop of my choice being able to get it in and then it was totaled once they opened more stuff up. So I kept the rental all 30 days. They actually told me when I got it that I was entitled to the rental for 30 days so I used it.
If you care the problem with the insurance was that they said my insurance on my car would cover the rental. I confirmed it with my agent over the phone that this was not the case as my car was only worth about 6k and as such that was what they were insuring the rental was worth about 30k and they were not covering that. It ended up being a drawn out battle that I eventually won. The short of it was I learned that although they will provide and pay for a rental car they will not provide and pay for the insurance to cover you in an accident. I also learned that in Massachusetts insurance is on a specific car and not on the driver and as such does not follow a driver from car to car.
I own and insure my Yukon as well as my wife’s new minivan and that van has all the insurance bells and whistles including obviously collision so I’m confident right now that collision for the rental is “transferred” or included from my current policy.
Check with your agent before you leap is my advise. My wife’s car had the max FTC and it did not matter. I would be really interested in what your agent/company tells you.
If you did not have rental on your policy then you are subject the the state mandated minimum coverage of the other party even if it is the same insurance company.
dean1484 said:
If you did not have rental on your policy then you are subject the the state mandated minimum coverage of the other party even if it is the same insurance company.
Sorry, I can’t decipher what you mean by that. My fault not yours. I know that the offending vehicle’s policy is paying for my rental and the Enterprise Rental rep looked into the allowed duration and she confirmed there is no limit applied meaning if it gets totaled and I can’t find a vehicle in even 30 days then so be it, I still have the rental.
if that’s not true, I’m not sure what to say because I was just told this was fact.
Ya and it was the enterprise people that steered me wrong as well. Humor me and call your agent or your insurance person. I will by you a six pack if I am wrong. If I am right I will still by you one. I mean it is the least I can do for some one that just got there truck totaled.
Oh and who’s credit card secured the rental when you picked it up? Yours? So sure enterprise told you you are covered. If Enterprize is wrong the insurance company has nothing on the hook and enterprize is holding your card. The charges for just the insurance that enterprize told me were covered by the insurance amounted to almost $1,700 for a 29day rental with full coverage. We are not dealing with small change here
I really hope I am wrong here but your adventure is mirroring mine so far.
In reply to dean1484 :
I’ll definitely call. The rep told me whatever collision I have a policy for (I have two policies, one a the Yukon and one on a new vehicle) will cover the rental.
I’ll let you know. Thanks for all the advice!
The biggest pain in the ass collision I’ve ever had was when I and the lady who rear ended me had the same company. The experience was so bad, I left that company quickly.
