insurance trying to screw meeeeeee
The insurance company for the crash my motorhome was in They are trying to screw me. This rig is a (1979 26' Itasca class A ) is totaled. But the insurance company only wants to fix the bumper. The...
Forum Discussion
I'm glad it seems to be working out for the OP. I know that people are trying to help him, but there is some flat out wrong information in this thread. I am an experienced lawyer and I've handled hundreds of claims from both sides.
In a third party case like this (meaning he's dealing with the adverse driver's insurer and not his own) there is no duty of good faith owed. The insurer has the obligation to indemnify and defend its own insured ( the truck company here) to the extent liability and damages are established. If the insurer disputes the cause or extent of the damage it is the claimant's (OP) burden to prove both. The only way to definitively do that is through litigation. That is why having a lawyer helps. Until a lawyer is involved the insurer holds all the cards because it holds all the money. Involvement by a lawyer means the possibility of litigation which means the possibility that the insurer will be forced to pay. Before that, a typical claimant is dealing with a professional adjuster and that is usually a mismatch.
Keep in mind that the adjuster has one job: close that claim file for the least amount of money possible. Seldom is the first offer the best they can/will do. If they can get you to go away for $200, why not give it a try? You'd be surprised how many people take the first offer, sometimes with tragic consequences when it's only a day or two after the accident and they accept some nominal amount only to find out a week later they are seriously injured.
With that being said, it's nearly impossible to get a lawyer to handle a property damage only claim unless you can pay by the hour because there' are no "general" damages from which to draw a fee. Insurers know this and therefore will always low ball a PD claim like this one.
In a third party case like this (meaning he's dealing with the adverse driver's insurer and not his own) there is no duty of good faith owed. The insurer has the obligation to indemnify and defend its own insured ( the truck company here) to the extent liability and damages are established. If the insurer disputes the cause or extent of the damage it is the claimant's (OP) burden to prove both. The only way to definitively do that is through litigation. That is why having a lawyer helps. Until a lawyer is involved the insurer holds all the cards because it holds all the money. Involvement by a lawyer means the possibility of litigation which means the possibility that the insurer will be forced to pay. Before that, a typical claimant is dealing with a professional adjuster and that is usually a mismatch.
Keep in mind that the adjuster has one job: close that claim file for the least amount of money possible. Seldom is the first offer the best they can/will do. If they can get you to go away for $200, why not give it a try? You'd be surprised how many people take the first offer, sometimes with tragic consequences when it's only a day or two after the accident and they accept some nominal amount only to find out a week later they are seriously injured.
With that being said, it's nearly impossible to get a lawyer to handle a property damage only claim unless you can pay by the hour because there' are no "general" damages from which to draw a fee. Insurers know this and therefore will always low ball a PD claim like this one.
