Thank you so much — just updated my post and would love your feedback on next steps if any.
-
Hint: Use a descriptive title for your new message
If you're looking for help and want to draw people in who can assist you, use a descriptive subject title when posting your message. In other words, "I need help with my SUV" could be about anything and can easily be overlooked by people who can help. However, "I need help with my transmission" will draw interest from people who can help with a transmission specific issue. Be as descriptive as you can. Please also post in the appropriate forum. The "Lounge" is for introducing yourself. If you need help with your leather interior, please post in the Interior section - and so on... This message can be closed by clicking the X in the top right corner. -
Batman3365
Active member
- Joined
- Oct 1, 2020
- Messages
- 221
- Reaction score
- 90
- Points
- 28
I'm going through similar situation. I've currently filed it through my insurance company and they will at the end file it with the insurance company(Geico) of the person who caused the accident. I'm 2wks into it. Waiting for "Diminish Adjuster" from my insurance company to be assigned. Plan is to include the Diminish value cost in the final Subrogation pkg they submit to Geico.
Meanwhile shop has told me the same thing about parts, backordered. So haven't gotten an eta on when car will be ready.
Last edited:
Ugh I’m so sorry you’re dealing with it too. It’s so frustrating. It sounds like with new cars the parts being back ordered is fairly common
Tim-in-CA
FOUNDING MEMBER
For those that have a not at fault accident, be sure to pursue diminished value against the at fault insurance company. Your vehicle's CarFax report will now reflect that you had an accident and may impact your trade in or resale value. My brother did this on his Tahoe when he was hit and got a $4000 diminished value claim.
______________________________
RebelRide411
Member
- Joined
- May 4, 2021
- Messages
- 69
- Reaction score
- 33
- Points
- 18
Ugghh...this is such a tough break, @andi91210, and I sooo feel for you!! The main issue you're facing is that you're getting hit with a "double whammy" here:
1) Progressive is basing their decision on the current market value or A.C.V. (Actual Cash Value)--essentially what Bidders would pay for a similar (non-wrecked) vehicle running through any of Manheim's Auction Lanes worldwide. Unfortunately for you, those figures are currently SIGNIFICANTLY HIGHER than a brand NEW Telly's MSRP (limited supply + ridiculous demand = HYPER-INFLATED prices!!)....making your vehicle worth waaaay more than it actually should be--in any other, "normal" market environment.
Here are just 3 examples in just the past 7 days: Yest. 8/17--a 2021 SX AWD, Dark Moss, w/7,108 miles sold @ Manheim Orlando Auction or: $56,000! On 8/12: a '21 SX AWD, Grav. Gray w/13,354 miles ran thru Manheim Palm Beach for: $57,500! Heck, even a 2020 model yr. SX AWD, Moss with 26,970 miles brought = $51,000 in Denver on 8/14/21!!
2) Since there aren't nearly as many Telluride's that have been produced yet, there simply aren't enough sources for a repair shop to even find those parts (either new, OEM parts--OR parts from another salvaged Telluride). If it were, say, a Toyota Highlander--they'd have no problem fixing it, as millions of those vehicles have been produced.
I truly wish I had some sage advice/wisdom or a "magic wand solution" for you--I just...don't. If you've already sought out a good Attorney, now would the time to inquire with them on how to handle this situation. Since there are SOO many diff. variables that I'm not privy to, it's just way too hard to try & steer you in the right direction. I have no idea what YOUR "Declaration Page" states--i.e. what your levels of coverage are/how much Rental Coverage/Uninsured or Underinsured Motorists/etc.???
More importantly, I know nothing about the "At-Fault Party". Was it a well-insured, high dollar Late Model Escalade, or a 15 yr. old beat up Corolla w/the bare minimum, "just-enough-to-be-street-legal-in-TN"--Liability Only Policy (i.e.--what type of Insurance are THEY workin' with?) & just how "well heeled" is this individual?? The nicer their vehicle, the MORE Insurance they should have....the better for you--it's likely they have assets they need to protect. But from the cheap seats? Seeing the way Progressive is acting on this claim? Seems to me like they must not have very much to go after...
The ONLY thing I can say for certain is this:
You need to be absolutely, 100% POSITIVE....that there is no damage to, or structural repair required for....your Uni-body Frame. It sounds as if you've had 3 diff. repair shops assess the damage: 2 say "NO Structural Damage/or Repair Necessary" while 1 says "Frame Damage: Frame Repair Required". I'd ask them to SHOW ME that back portion---with it up on the rack (or at least photos &/or any computer diagnostics they have). Ask them for a line by line "Estimate for Repair" & inquire as to how they arrived at the conclusion that there is NOT any frame damage??
If that frame has been "kinked" or in any way compromised...then that car will be worth 25-30% LESS upon resale. Period. IF that is the case, then: Progressive NEEDS to total this vehicle. I mean, this is your kids' safety & well-being we're talking about--not THEIRS!! They should cut you a check for the FULL & FAIR MARKET VALUE including your Deductible (see examples above: i.e. the $$ it would cost you to go buy a like vehicle currently running through Manheim Lanes. After that, it's on Progressive to go after the 3rd Party Insurer to recoup their costs...
Wish I could be more help--awfully sorry, there are simply too many questions/variables, not enough data/insight on my part....& sure wish I could do more.
Do let us know how things progress?!? All the Best,
~m.
So do you want the insurance payout, if it is totaled, based on current market value (high), or depreciated from what you originally paid for it (low). I know which one I would choose!
Obviously would love the higher one! But more than anything just want a new car
and this nightmare to end.yamahamt07
Active member
- Joined
- Jul 19, 2021
- Messages
- 96
- Reaction score
- 133
- Points
- 33
I feel very bad for you. This situation you are in with Progressive is such a nitemare, I might even consider contacting the media. TV, Newspapers, local TV consumer reports and or advocates......I have seen where that can make a difference. Your story is compelling and is something we all fear could happen to any of us. Such a beautiful vehicle. I pray you keep it perspective....and I know it's easy for me to say. You have your health, your loved ones, life and you have the Lord. Someday this will be a long time ago and it won't matter. God bless you.
______________________________
Thank you so much. This is super helpful. Obviously, would love to just total the vehicle and start over, but that doesn't appear to be likely. I know 2022 models of our exact car (2021 Telluride Glacier White with Nightfall Prestige Package) are going for ~$70K in Nashville right now --- they are crazy over MSRP. Progressive seems to say that the extent of damages (right now $22K but I was told it will likely be more) aren't 75% of vehicle total cost (at what we paid - MSRP or what it's available for now)/
I asked the questions you shared about Uni-Body frame (copied and pasted) with the repair shop and the response was: "Sorry, things are the same as we talked about earlier we can not start repairs till those backorder parts get here. The inner qtr is structural part but not frame related and from what we can see the frame is ok. This will be double checked once the repairs start and we get to the point where it can be put on the frame rack to get correct measurements. Until then I don’t feel comfortable giving you a yes or no type of answer, sorry. I will keep you update with any updates or repair concerns if or as I run across them. "
We are already planning to go after diminished value (with the at-fault driver insurance which is United Auto Insurance, as we don't have that on our Progressive policy) United Auto Insurance has STILL have not accepted liability and the accident was eight weeks ago, despite police report, driver admitting fault, witness statements, etc. It's a mess. The driver was driving a 2003 Chevy Suburban and it seems like they had some sort of barebones insurance policy.
This just sucks. I really really appreciate you letting me vent and for your *very* helpful advice. Thank you again.
Thank you. I just feel like there is so much 'newsworthy' things happening in the country and the world -- and obviously people have it WAY worse. I'm grateful for my health and that I wasn't with my two young daughters during the accident. But this is just SO frustrating and annoying and really feels like a never ending process. Appreciate your kindness!
I'm so sorry and feel for you and your family! So many well meaning and good intentioned advices here! I've been with the same State Farm Insurance agent for almost 35 years now. Including home and Life. I'll review things with him next week about my Telly coverage. The premium is very low but I'm driving much less now since I retired 3 years ago. I also have "Umbrella Protection" plan which strengthens my coverage as it ties with our home (for a little bit more premium but much better coverage)--per his advice--had this since we bought our house 3 decades ago.
Thank you! Ironically Progressive “dropped us” for home insurance during this outstanding auto claim so we are actually now with State Farm for home and auto as of July moving forward which we’ve heard good things about
______________________________
I’m curious if this is a bad idea or not — to just go ahead and buy another Telluride (from same dealership which we know is at MSRP and not marked up but a 2022). And then once this repair nightmare ends, just sell the 2021 model (~1K miles on it). We would still go after diminished value knowing we wouldn’t be able to get what we paid because of the accident to get closer to the total value of what we actually paid. But think we would still get a good amount for the car, given it’s so new and being repaired (…eventually) with new factory parts. I know it won’t be a perfect match and we might be out something (as we are already out time / vehicle now) but would love your perspective since you all are passionate about your Telluride and have provided so much thoughtful and helpful feedback to me. Thank you.
arattle
Well-known member
I would definitely crunch the numbers on this scenario and lean this way. You may never enjoy your current TELLY knowing it was nearly totaled, and today's market is a unique opportunity to recoup most or all of the sunk costs.
RebelRide411
Member
- Joined
- May 4, 2021
- Messages
- 69
- Reaction score
- 33
- Points
- 18
Uggh...so much to sort through here, having just circled back to this thread and read all of the above. I have ZERO doubts that everyone here (on this forum) is well-intended (well, maybe 99% of the folks! What good's the Internet w.out it's "pot-stirring trolls", right?). All the folks on this particular thread mean well--but time is of the essence for @andi91210, so we need to help him/her? (no clue, but matters not!) to start making the best/most informed decisions to get things moving in the right direction. SO, that disclaimer submitted & meaning no offense to ANYone (ever really)--let me begin:
Post #26: They haven't totaled the vehicle, obviously that would be the desired outcome for @andi91210 (along with compensation for: rental for duration, lost time/wages, etc. (see above). Also, "depreciation" assumption is actually a "Diminished Value Claim" (this is a separate issue, sought through the abrogation process (or ensuing lawsuit)--only when the vehicle is retained (repaired, but now worth way less in secondary market).
Post #28: Media? Umm, no (sorry)--please, @andi91210, do not go that route. Progressive Ins. (NYSE Ticker: PGE) is a Fortune 500 Company who has a current Market Cap over $57 BILLION (at today's market close). Who do you think "wins" in this scenario? Hint: it's rarely "the little guy"...
Post #29: @andi91210--there are literally SOO many red flags here--I honestly don't know where to begin. PLEASE: go up & re-read your post...and tell me you don't see all the backwards logic & double-speak at play?? They're gaming you. If that was the response I received from a Body Shop--I'd have told them to hand me the keys to my vehicle & moved it as far from that shop as I possibly could...right then & there. Seriously, that's what they said? I hope this isn't Beaman that you're dealing with...who gave you that answer?? If so, I'd be both surprised to hear it & awfully sorry that I recommended them (they had a great reputation when I lived in Nashville, but that's been 11yrs & times change). This type of "non-answer answer" this is, at best, completely unacceptable....at worst, quite possibly an indication of fraudulent business practices. If you suspected that you had a broken arm (skeletal, BENEATH flesh & tissue), and the Doctor told you he was waiting on back-ordered plaster and mesh so he could wrap & cast it--but only after commencing surgery to open your arm to actually DETERMINE...if the bone is indeed broken--would you say, "well, any idea when those supplies might arrive?" Of COURSE not...in about 30 seconds, the Doctor would be the one with the broken arm (yes, I realize it's an apples/oranges analogy--but you get my point)!! I honestly hope this doesn't seem like some lame attempt to "shame you" on an open forum...and apologize if I seem a little "harsh" here (LORD knows you're dealing with enough STRESS right now!!)--but I REALLY need you to GET where I'm coming from & understand something: Make no mistake....THIS IS A DOG FIGHT...& you gotta find your "inner DAWG"! Insurance Companies don't grow to $57B by actually PAYING out the claims they're CONTRACTUALLY BOUND to pay....that's just, simple corporate math!
Post #31: Umbrella Policies are a great thing to have. An Umbrella is a type of personal liability that protects your assets if YOU are at fault in an accident and at risk of being sued (covers injury to others or damage to their possessions, etc.). It does NOT protect the policyholder's property. So, in this situation, while wll-intended & good to have, it's a moot point. We can only WISH this At Fault Party HAD the type of assets that would warrant an Umbrella--but apparently we're dealing with a TN "state required MINIMUM Liability Coverage" person here (which, sadly, is currently only--$15,000). This is why @andi91210's "Declaration Page" is SOO important here, and imperative that you did not "waive" the Uninsured & UNDERinsured Motorists, or UM/UIM, coverage?!? (I'm beginning to get a much clearer picture of why Progressive is acting so "squirrely" here!!
Post #32: I'm not exactly sure how they "segregate"/or "aggregate" Intra-Statutory Regulations in TN (and I am NOT a Lawyer!)--but I think a good TN Attorney would sure like to know about this statement: "Ironically Progressive dropped us for home insurance during this outstanding auto claim"--as it quite possibly be yet ANOTHER violation** of the Unfair Claims Settlement Practices Act of 2009 (Tenn. Code Ann. § 56-8-105). **I say "another violation"--because, several of these "red flags" I'm seeing here appear to be crumbles of evidence of activities that reach the threshold of: "not attempting in good faith to effectuate prompt, fair and equitable settlement of claims submitted in which liability has become reasonably clear".
If you haven't done so, you really should know your rights by familiarizing yourself with the language of the TN Statutes governing Unfair Claims Settlements. Read the law here:
Tennessee Code Title 56. Insurance § 56-8-105 | FindLaw
"bad faith or unfair/deceptive actions".
https://publications.tnsosfiles.com/rules/0780/0780-01/0780-01-05.20171009.pdf
Post #26: They haven't totaled the vehicle, obviously that would be the desired outcome for @andi91210 (along with compensation for: rental for duration, lost time/wages, etc. (see above). Also, "depreciation" assumption is actually a "Diminished Value Claim" (this is a separate issue, sought through the abrogation process (or ensuing lawsuit)--only when the vehicle is retained (repaired, but now worth way less in secondary market).
Post #28: Media? Umm, no (sorry)--please, @andi91210, do not go that route. Progressive Ins. (NYSE Ticker: PGE) is a Fortune 500 Company who has a current Market Cap over $57 BILLION (at today's market close). Who do you think "wins" in this scenario? Hint: it's rarely "the little guy"...
Post #29: @andi91210--there are literally SOO many red flags here--I honestly don't know where to begin. PLEASE: go up & re-read your post...and tell me you don't see all the backwards logic & double-speak at play?? They're gaming you. If that was the response I received from a Body Shop--I'd have told them to hand me the keys to my vehicle & moved it as far from that shop as I possibly could...right then & there. Seriously, that's what they said? I hope this isn't Beaman that you're dealing with...who gave you that answer?? If so, I'd be both surprised to hear it & awfully sorry that I recommended them (they had a great reputation when I lived in Nashville, but that's been 11yrs & times change). This type of "non-answer answer" this is, at best, completely unacceptable....at worst, quite possibly an indication of fraudulent business practices. If you suspected that you had a broken arm (skeletal, BENEATH flesh & tissue), and the Doctor told you he was waiting on back-ordered plaster and mesh so he could wrap & cast it--but only after commencing surgery to open your arm to actually DETERMINE...if the bone is indeed broken--would you say, "well, any idea when those supplies might arrive?" Of COURSE not...in about 30 seconds, the Doctor would be the one with the broken arm (yes, I realize it's an apples/oranges analogy--but you get my point)!! I honestly hope this doesn't seem like some lame attempt to "shame you" on an open forum...and apologize if I seem a little "harsh" here (LORD knows you're dealing with enough STRESS right now!!)--but I REALLY need you to GET where I'm coming from & understand something: Make no mistake....THIS IS A DOG FIGHT...& you gotta find your "inner DAWG"! Insurance Companies don't grow to $57B by actually PAYING out the claims they're CONTRACTUALLY BOUND to pay....that's just, simple corporate math!
Post #31: Umbrella Policies are a great thing to have. An Umbrella is a type of personal liability that protects your assets if YOU are at fault in an accident and at risk of being sued (covers injury to others or damage to their possessions, etc.). It does NOT protect the policyholder's property. So, in this situation, while wll-intended & good to have, it's a moot point. We can only WISH this At Fault Party HAD the type of assets that would warrant an Umbrella--but apparently we're dealing with a TN "state required MINIMUM Liability Coverage" person here (which, sadly, is currently only--$15,000). This is why @andi91210's "Declaration Page" is SOO important here, and imperative that you did not "waive" the Uninsured & UNDERinsured Motorists, or UM/UIM, coverage?!? (I'm beginning to get a much clearer picture of why Progressive is acting so "squirrely" here!!
Post #32: I'm not exactly sure how they "segregate"/or "aggregate" Intra-Statutory Regulations in TN (and I am NOT a Lawyer!)--but I think a good TN Attorney would sure like to know about this statement: "Ironically Progressive dropped us for home insurance during this outstanding auto claim"--as it quite possibly be yet ANOTHER violation** of the Unfair Claims Settlement Practices Act of 2009 (Tenn. Code Ann. § 56-8-105). **I say "another violation"--because, several of these "red flags" I'm seeing here appear to be crumbles of evidence of activities that reach the threshold of: "not attempting in good faith to effectuate prompt, fair and equitable settlement of claims submitted in which liability has become reasonably clear".
If you haven't done so, you really should know your rights by familiarizing yourself with the language of the TN Statutes governing Unfair Claims Settlements. Read the law here:
Tennessee Code Title 56. Insurance § 56-8-105 | FindLaw
"bad faith or unfair/deceptive actions".
https://publications.tnsosfiles.com/rules/0780/0780-01/0780-01-05.20171009.pdf
yamahamt07
Active member
- Joined
- Jul 19, 2021
- Messages
- 96
- Reaction score
- 133
- Points
- 33
I see companies change their mind all the time once it's brought to the public attention through the media. . The last thing they want is negative publicity. So there's that.
______________________________
RebelRide411
Member
- Joined
- May 4, 2021
- Messages
- 69
- Reaction score
- 33
- Points
- 18
Understand your point, and under different circumstances would be in complete agreement. But this isn't like a company pulling an item (or items) from their line of products to satisfy Media coverage of the outcries from XYZ Protestor Group(s)--feel free to fill in the blank. This is a different animal altogether.
The practice of Non-payment/under-payment of Claims (legitimate, contractually-bound claims) is THE CORE of Big Insurance's entire Business Model...so much so that they actually build into the ANNUAL BUDGET....hundreds of millions of $$'s to pay for Lobbying/Government Relations Contracts & for Court Settlements with Plaintiffs who bother to actually "go the distance" with them. Even the Claims Adjustors they employ--have bonuses that are tied to their ability to get the insured to accept less than what they're actually owed. It's by design. That's no "conspiracy theory" they have actuarial tables they use for this practice...
Noble idea though...
The practice of Non-payment/under-payment of Claims (legitimate, contractually-bound claims) is THE CORE of Big Insurance's entire Business Model...so much so that they actually build into the ANNUAL BUDGET....hundreds of millions of $$'s to pay for Lobbying/Government Relations Contracts & for Court Settlements with Plaintiffs who bother to actually "go the distance" with them. Even the Claims Adjustors they employ--have bonuses that are tied to their ability to get the insured to accept less than what they're actually owed. It's by design. That's no "conspiracy theory" they have actuarial tables they use for this practice...
Noble idea though...
RebelRide411
Member
- Joined
- May 4, 2021
- Messages
- 69
- Reaction score
- 33
- Points
- 18
CONGRATULATIONS, Progressive...while we're sorry you didn't quite crack the TOP TEN this YEAR...hey, we're confident you'll make it next Year!!
For just a little perspective, try this study--recently published in The National Law Review--back in February 2021...
LINK:
The 11 Worst Insurance Companies
(© 2021 by Console and Associates. All rights reserved.
National Law Review, Volume XI, Number 41
Here are some "Top-Line Highlights":
"The insurance industry in America makes a staggering $1,000,000,000,000 annually from premiums, according to the American Association for Justice (AAJ). Yes, that is ONE TRILLION dollars.
The AAJ compiled a list of the worst insurance companies in the United States by examining thousands of records about the companies, including court documents, FBI records, and testimony from former insurance employees. Their research identified the companies that work against the clients that need them the most by rejecting claims, denying coverage, and jacking up premiums.
If you were in a car accident and are fighting with one of these insurance companies, you need to know that they are not on your side. They use proven tactics to get you to settle for a tiny fraction of what you really need to recover financially from your injuries. " --American Assn. for Justice / The National Law Review / Feb. 21, 2021
------
#11. Progressive
"With their cheery commercials all over your television, you likely would assume that Progressive is a friendly, helpful, and customer-forward insurance company. However, recent court cases paint a much different picture.
In recent years, Progressive has faced numerous high-stakes bad faith insurance claims brought by policyholders and claimants. While some of these cases have settled, others are ongoing.
In some of these cases, Progressive allegedly failed to act effectively to settle claims that involve severe injuries to children caused by Progressive policyholders. One such case finally settled for $22 million, while another pending case demands $50 million for Progressive’s bad faith claim handling.
Despite regularly making JD Power’s list of the worst car insurance companies, Progressive still managed to report a net income of over $5 billion in 2019, an almost 44 percent increase from 2019. While raking in the profits, it seems that Progressive left many policyholders out in the cold.
Tactics Used by Insurance Companies to Hurt Consumers
While these insurance companies are on the list of the worst insurers for various reasons, the fact is that all insurance companies are in business to make money. That means that they are financially incentivized to collect premiums every month while paying out as little as possible on every claim they receive. For this reason, they train their representatives to get people who make claims to settle for less than they actually need.
Some of these tactics include:
--Making Laughably Low Initial Offers
One of the most common tactics that insurance companies use is making initial offers for far below the value of claimants’ cases. Starting with low offers makes subsequent higher offers look more attractive, even if they are still inadequate in light of your losses. When dealing with an insurance company, expect a low initial offer, and do not let it affect your position on the benefits or compensation you need and deserve. (sound familiar??)
--Pressuring Claimants to Provide Recorded Statements
Insurance companies know that many people who make claims have never been through the process before and do not have the legal training that allows them to recognize certain things that may hurt their claims. For this reason, insurance companies often pressure claimants to provide recorded statements in which they answer questions about the incidents that led up to their claims. Unsurprisingly, insurance company representatives often ask leading questions during these recorded statements in an attempt to get claimants to admit fault or verbally minimize their losses to justify a denial or lower settlement offer.
--Misrepresenting Claimants’ Rights
While it would be nice to trust that the insurance company had your best interests in mind, the reality is that insurance company representatives may misrepresent your rights to you. Some companies personally incentivize insurance adjusters with bonuses or the opportunity for career advancement by keeping payouts low, so take everything they say with a grain of salt. Unfortunately, in some instances, they may misrepresent your rights to you to get you to settle for less. For example, they may tell you that you don’t qualify for benefits for future medical expenses related to an accident when you actually do. If you relied on this information, it may lead you to accept a far lower settlement than you should. The most effective way to protect your rights is to have a lawyer review your case before accepting a settlement.
--Suggesting That Claimants Will Get Less Money If They Retain a Lawyer
In some cases, insurance company representatives try to talk claimants out of retaining a lawyer to handle their claims by telling them that they will get less money in their pockets because of legal fees. While every claim is different, research indicates that people represented by counsel obtain significantly higher insurance settlements than people who handle their claims themselves.
--Delaying Claims While Claimants’ Bills Pile Up
Insurance companies understand that people are more likely to settle for less when they are under financial pressure. As a result, they may take their time processing a claim while the claimants’ bills are piling up and perhaps affecting their credit scores. (sound familiar??)
--Rushing to Settle Cases Before Claimants Understand Their Rights
While insurance companies stretch claims out for as long as possible in some cases, in others, they rush to make settlement offers as quickly as they can. In these cases, they are often trying to get claimants to settle their cases before they have a chance to speak to a lawyer and determine the actual value of their claim. Similarly, insurance companies may attempt to settle cases quickly, hoping that they can get claimants to sign away their rights before they recognize all of their losses.
The Benefits of Retaining an Attorney for Your Insurance Claim
Fortunately, retaining a lawyer to represent you can even the playing field and obtain the benefits or compensation you deserve—even if you are dealing with one of the worst insurance companies out there. Once an attorney represents you, the insurance company will communicate with him or her, protecting your rights throughout the entire process.
Some of the specific ways in which an attorney can help ensure that your insurance claim goes as smoothly as possible include:
Determining against whom you can file a claim
Reviewing your policy and ensuring that the insurance company honors its obligations
Evaluating your losses and submitting appropriate documentation in support of your claim
Attempting to negotiate a fair settlement agreement
Filing a lawsuit, if it becomes necessary
Reviewing your policy and ensuring that the insurance company honors its obligations
Evaluating your losses and submitting appropriate documentation in support of your claim
Attempting to negotiate a fair settlement agreement
Filing a lawsuit, if it becomes necessary
© 2021 by Console and Associates. All rights reserved.
National Law Review, Volume XI, Number 41
Thanks to this post, because this post has made me think deeper about my own insurance! Also a good conversation with my grown up kids who are now starting to be on their own. FWIW, here's a tip from Google search--
Should I get a lawyer for insurance claim?—When To Hire A Lawyer For An Insurance Claim
“If an insurance company denies your claim, it is unlikely they will change their position unless new evidence is presented,” he says. “This is why I generally recommend getting an attorney ahead of time, so you have the highest chance of having the claim approved from the start.”
When to Contact a Lawyer About an Insurance Claim
Should you contact a lawyer to discuss your insurance claim? Small run-of-the-mill claims usually settle without trouble. But in cases where there’s more at stake—for both you and the insurance company—there may be a higher chance for dispute. This could include:
Claims where you and the insurance adjuster don’t agree early on
Expensive or complex claims
Large claims, such as house damage after a fire, extensive water problem or tornado
Claims where fault is hard to establish
Is a Lawyer Worth It?
Sometimes, attorneys will take an insurance claim case on contingency. That’s where you don’t pay unless the attorney wins your case. Standard attorney’s fees are usually 33% of the recovered amount if it’s resolved before a lawsuit is filed and 40% once litigation begins. For a smaller case, you might be able to file a successful claim or appeal with a lawyer letter, which could cost as little as a few hundred dollars.
Tina Willis, a personal injury lawyer in Orlando, Florida, says determining the value of an attorney is a simple numbers game. Often, insurance companies agree to settle a claim without being specific about the settlement amount. And that is—often literally—the million-dollar question.
“Because they can accept liability, yet still pay $10,000 on a claim worth hundreds of thousands, or even a few million dollars in extreme cases,” she says. “Insurance adjusters are well-trained to use tactics to lower claim value when paying. Those include asking innocent sounding questions to gather information that ultimately hurts the person’s case, or closing the claim long before all medical bills, and necessary medical treatment, or lost wages, or pain and suffering, are even known.”
But November, the attorney who handled the water damage claim, says the single most important decision isn’t whether to hire an attorney—but when to do it before it’s too late.
“Hire an attorney before a final decision is issued by the insurance company,” he says. “That is because once the mandatory appeal process has been completed, the only review available is filing a lawsuit in federal court.”
Barring an exception, federal court review is limited to the claim file created through the administrative appeal process. That means you can’t add any new evidence.
So should you hire a lawyer if your claim is denied? No, you should hire one before your claim is denied—and certainly before you’ve filed an appeal. A lawyer will take a hefty cut of your award or settlement. But getting something is better than nothing.
Should I get a lawyer for insurance claim?—When To Hire A Lawyer For An Insurance Claim
“If an insurance company denies your claim, it is unlikely they will change their position unless new evidence is presented,” he says. “This is why I generally recommend getting an attorney ahead of time, so you have the highest chance of having the claim approved from the start.”
When to Contact a Lawyer About an Insurance Claim
Should you contact a lawyer to discuss your insurance claim? Small run-of-the-mill claims usually settle without trouble. But in cases where there’s more at stake—for both you and the insurance company—there may be a higher chance for dispute. This could include:
Claims where you and the insurance adjuster don’t agree early on
Expensive or complex claims
Large claims, such as house damage after a fire, extensive water problem or tornado
Claims where fault is hard to establish
Is a Lawyer Worth It?
Sometimes, attorneys will take an insurance claim case on contingency. That’s where you don’t pay unless the attorney wins your case. Standard attorney’s fees are usually 33% of the recovered amount if it’s resolved before a lawsuit is filed and 40% once litigation begins. For a smaller case, you might be able to file a successful claim or appeal with a lawyer letter, which could cost as little as a few hundred dollars.
Tina Willis, a personal injury lawyer in Orlando, Florida, says determining the value of an attorney is a simple numbers game. Often, insurance companies agree to settle a claim without being specific about the settlement amount. And that is—often literally—the million-dollar question.
“Because they can accept liability, yet still pay $10,000 on a claim worth hundreds of thousands, or even a few million dollars in extreme cases,” she says. “Insurance adjusters are well-trained to use tactics to lower claim value when paying. Those include asking innocent sounding questions to gather information that ultimately hurts the person’s case, or closing the claim long before all medical bills, and necessary medical treatment, or lost wages, or pain and suffering, are even known.”
But November, the attorney who handled the water damage claim, says the single most important decision isn’t whether to hire an attorney—but when to do it before it’s too late.
“Hire an attorney before a final decision is issued by the insurance company,” he says. “That is because once the mandatory appeal process has been completed, the only review available is filing a lawsuit in federal court.”
Barring an exception, federal court review is limited to the claim file created through the administrative appeal process. That means you can’t add any new evidence.
So should you hire a lawyer if your claim is denied? No, you should hire one before your claim is denied—and certainly before you’ve filed an appeal. A lawyer will take a hefty cut of your award or settlement. But getting something is better than nothing.
Batman3365
Active member
- Joined
- Oct 1, 2020
- Messages
- 221
- Reaction score
- 90
- Points
- 28
In my case, 7/30/2021 accident, the other driver's insurance, Geico, just called and accepted fault. Won't give me diminish value estimate until car is fixed, which is estimated to be ready by 9/30. So don't know what to expect, but do know based on speaking to dealerships that car with deployed airbags is not worth much........
