CheckmateR1

Don't see an off topic section so I guess I'll post this here.

Yeah, I know that 's a bad subject, but here it is.

October 15th 2006 My truck (while parked) was hit by a 38 foot 10,000 lb boat that was launched off it's tri axle trailer after the truck hauling it hit a mini van, went through a guardrail, and jack knifed. My truck was hit across the front and was shoved backward 3 to 4 feet into my boat trailer which then shot back another 3-4 feet.
ALLSTATE is the other guys ins. co. and they are agreeing to the $6,000+ in body damage to my truck, but are refusing to fix the manual transmission which now has a tooth missing on third gear (the gear it was in when it was hit) The ins. guy says there is no way that the gears could have been broken due to the impact, since "3rd gear is not a locking gear and the truck would have just rolled" I said, well then you explain the skid marks from MY truck while it was Parked.
Anyway they told the body shop (I actually have a copy of the note) to have the trans torn down and looked at. Now ALLSTATE wants ME to cover the cost of removing and inspecting the trans because they state it's not their fault.
I was pissed after hearing from the adjuster who kept cutting me off. I drove to the transmission shop and asked the worker and the owner if there is any way this could have been "wear and tear " like the guy said. They said, teeth don't break off like this from wear and tear and that they both argued with him about it. ALLSTATE is trying to say that the rear bearing was bad (which the trans shop says is true) and that the extra "play" in the transmission caused the breakage. Transmission shop says "yes the bearing was worn, NO it didn't cause the break.
I decide to go through my own insurance company...not looking good either. They will take over, but they want me to use their facility, which may cost me more in the long run. I have a $1000. deductable i would have to front, AND I would lose the rental I have through ALLSTATE. I don't know what to do. It wasn't my fault, but whatever I do now I am out at least $1,000. Which I don't have.
What to do, what to do
To top it off, I haul a jobsite trailer at least 1 time a week and this POS Chevy 1500 they gave me won't pull the damn thing over 50mph and my current job is 65 miles away!! I told the adjuster that too and he was just silent on the phone.
ANY advice herewould be great. Thanks, Dan

Steve_H

contact your state insurance commissioner. they will send you a form to fill out and mail back. send any pertinent paperwork along with it. police report, etc. the insurance company has so many days (probably 30) to report back to the commissioner but they usually act quickly once they are on the clock with the state. basically this puts the insurance company under the microscope which they dont like. i had an accident 2 months ago. other guys fault but not cut and dry (no ticket issued or witness). his insurance company kept dragging their feet. within 3 days of mailing the form to the insurance commissioner the adjuster called and settled the claim for what i wanted.

good luck!

BBB725

Call the insurance agent and explain that if the claim is not handled to your satisfaction you will contact the insurance commissioner. My agent in Wisconsin told me it's the last thing any agent wants to do. The Insurance company is almost assumed guilty and must prove their end of the claim.

CheckmateR1

So they call me today to tell me that they ARE totalling the truck out AND that they are lowering the value because the trans is junk. They want to give me $14,500 for the truck !!!!!!!!!!!!!!!!!! And the buyback is still at $8500.00 WTF ?!?!!?!?!?!!?!?!?
Anybody here a lawyer ?? Seems if there is no injury that they don't want the case !!
SCREW ALLSTATE !!

tomswift

I was an adjuster for 3 1/2 years in the late 90's for two different companies. See if your company will match or do better than Allstates offer on the total loss. If your company will they will subrogate ALLSTATE and you will get your deductible back eventually because your company will win in subrogation. If you feel that you have been shorted in the settlement (either through ALLSTATE or your company), file a small claims suit in your county (easy and cheap for you to do at your county's courthouse) against their insured and ALLSTATE for the amount you feel you have been shorted. You'll find that ALLSTATE will want to settle quickly and out of court because they will have to hire an attorney (they have to defend there insured. If you settle with ALLSTATE DO NOT sign a full property damage waiver. They may issue the check for "any and all property damage claims against our insured". However in my state you can still file small claims against them and win. Also, if they total your vehicle your are entitled to sales tax (generally 5-7%) of the settlement amount (ACV-actual cash value) which is in your own personal auto policy and owed to you by your insurance company (check your policy though if you have a commercial auto policy). Finally, it's BS to think your trans was basically junk if you had it at a boat ramp pulling a boat. NADA or any other book value is based on a vehicle with usual wear and tear. If he continues to play that game pull out any receipts for repairs or new tires, etc. and demand these be added to the value of the vehicle. Hope this helps. Good Luck!

CasinoRunner

CheckmateR1,

Question: What State are you in? What state were all the vehicles involved registered in?

jtmiller02

Good luck, been all the way down that road before, owned a truck for a week when i got t-boned by some idiot who ran a stop sign. Two years and $94,000 later the 2 insurance companies that tried to screw me decided they had enough...go ahead and lawyer up, you're gonna need it.

Best part was the $17,000 in repair cost and 1.5 years they wasted before they wrote me a total loss check for the truck.

Insurance God

Very good advice. You never have to accept what the ins. company offers. If you feel you are being shorted, explain that to the company and provide proof if posible (receipts for upgrades etc).