2017 Toyota Highlander Rear-Ended - Depreciated Value Payment?

The 2nd wife (but only of 5 years) of a long-time neighbor backed into my mother’s driver’s door. She admitted it in a note left on the windshield. I THIS CASE, had it been me, I would’ve let her fix it out-of-pocket, without Insurance … to keep the peace. But NO - I wouldn’t allow that with a total stranger!

My mother’s Insurance “screwed it up” by IMMEDIATELY issuing her a check for HALF the repair amount! What they SHOULD HAVE SAID was: “It’s your neighbor? They admitted it? They said they’d fix it? Then just go through their Insurance and keep the peace between you guys, OK? And IF you end up having problems, THEN come back and see us and we’ll help you out”

So she ended up in “No-Man’s Land” where she didn’t have the full amount to fix the door, AND the neighbor was “upset” and avoiding her because she went to Insurance over it. Took several weeks before I visited and explained to the neighbor why what happened happened. And as I sit here typing this, I STILL don’t know if the neighbor’s Insurance has paid a PENNY for the damage!

As far as going to Court, I’ve done it before. I’m a de-facto lawyer at this point. You should’ve seen me 28 years ago defending a $500 speeding ticket up there in MA. I STILL have the package I MAC’d up for that one! Two trials to finally get exonerated.

No, what they should have said was “take it to the shop and we will get your neighbor’s insurance company to pay for the damage, and anything they don’t pay we will pay up to your coverage limits and minus your deductible.”

It is not the insurance company’s job to make sure the neighbor who screwed up and damaged your mom’s property isn’t upset about being held responsible for damaging your mom’s property. Frankly, that’s not your mom’s job either. The neighbor can go jump in a lake. Your mom did the right thing, and blaming her or the insurance company because your neighbor decided to throw a 5-year-old temper tantrum about it is off base.

Ah, no. Real lawyers laugh at people who think that.

We now return you to your regularly-scheduled Toyota Rear-End Collision story:

Sister said the Defendant’s Insurance company cut off the rental car! She got the estimate allowing her to choose a repair shop at 5:12 last night. She got her repair place moments later (it was already pre-arranged). She said, “I have it in email so she is full of crap saying I had the go ahead to get my car fixed!”

Typical Insurance bozos!

My sister is on top of everything. Highly-paid professional, highly-organized, punctual, you-name-it. She’d put most everyone to shame on a daily basis for balancing family and work. I don’t see her as someone “dropping the ball” here. This is bullying by the Insurance Company - and she verified it already.

SOooooo … her Insurance Company is moving forward on it now. They’re towing the vehicle away today. She turned the rental car (Altima) in. The accident happened 14 days ago. She had the rental since the 12th, so 7 days.

why to make so much trouble out of everything?

if you do not like what ANOTHER side insurance offers you, work with YOUR insurance and you will get all you need taken care of much faster and more efficiently, but you pay your comprehensive deductible

later, YOUR insurance recoups the costs from the guilty side and you get your deductible refunded

I had this happen to me twice now, where guilty party insurance was trying to cheap me out, I immediately said “then you will deal with the lawyers on my insurance, bye-bye!”, saved me a lot of brain cells

This is the kind of BS insurance companies pull when they know they’re dealing with Joe Schmoe who isn’t an insurance expert. That’s why you get your insurance company involved. The other guy’s insurance company knows they won’t be able to bully your insurance company into submission, and that your insurance company will be more than happy to launch a few lawyers at them if they want to play stupid games.

Not to be a wise-guy here, but I KNOW how it works. It’s call “subrogation” : One Insurance Company gets the money back from the other.

Personally, I try NOT to subrogate because, as a general rule : I HATE middlemen. I ALWAYS handle everything myself … dealing directly with people MYSELF. People can say what they want, but it works for me, and it’s what I prefer. Now - like you said … IF I don’t get what I want, THEN I would bring my Insurance Company into the discussion … and this is what my sister is doing (now) because she’s obviously getting bullied.

you go alone, midnight, in the middle of the block covered by graffiti… no weapons… what could go wrong ??

Well, I get what you’re saying, but I don’t think it’s a RULE in EVERY case! First of all, it’s probably MORE LIKELY when a woman is handling the negotiation (in this case, my sister). Might sound sexist, but I think it’s true. Also depends on who the other schmuck is on the other end (@ Insurance Company).

And I can ALSO tell you a story about a divorce where both parties had lawyers and guess what happened … the lawyers colluded to drag the divorce out for THREE YEARS when there was absolutely NO REASON to do so (children “emancipated”, no house, just a couple cars and a BIG pile of money to be divided). It was Domestic Lawyering 101 with neither divorce party attacking the other. It was just two lawyers in collusion, trying to cause “interference” to drag the thing out.

You don’t think two Insurance Companies would do the same thing (collusion)?

One thing Insurance Companies CANNOT stand, it’s cases left open indefinitely. I let one go almost a YEAR once when a woman hit me, totaling my '89 Colt. I fixed it myself and continued driving it while I waited for them to UP their dollar amount. Eventually got an extra $1200 out of them ($300 to $1500). So, two Insurance Companies “working together” are going to get the case closed a LOT more quickly for sure … but is it going to be good for you? I can’t see EVERY settlement, but I’m sure there are plenty in there where someone got a raw deal, but it was accepted because “my Insurance Company represented me” (LOL!)…

You better read your policy. Almost always there is a clause regarding notification following an accident (your fault or not). If you fail to notify within the specified timeframe, any subsequent claims can be denied. This would include such advantageous coverage like underinsured motorist or, if the other party changes their tune and files a claim against you. Not like that would ever happen…

Well, it’s NOT my accident. And I’ve never heard of such a clause, but I wouldn’t be surprised if the crooked Insurance Companies have added such a clause since the Holy Grail of Insurance is to “COLLECT PREMIUMS AND NEVER PAY A SINGLE CLAIM”. And such a clause would surely help in achieving that goal.

Personally, I don’t see WHY you’d have to report an accident to YOUR Insurance that was clearly not your fault … such as THIS accident: A rear-end collision (which is ALWAYS the fault of the vehicle with front-end damage), and one which the Police had written an accident report citing the driver of the vehicle with front-end damage.

But who knows? As I said, the crooked Insurance Companies are always coming up with new ideas.

I know it’s not YOUR accident. The use of YOU is a general term in this instance. Regardless, YOU are the one arguing the case so…

No, it’s been that way for as long as I can remember so it’s not some new “trick”. Personally, I think it’s rather obvious why they would demand to be notified. They are contracted to represent you and are assuming liability on your behalf. If they could be exposed to that liability through an accident, they need to know about it. Not three months down the road after you have potentially exposed them even more by making statements and negotiating with the other insurance company.

It’s no different with a credit card. If you lose your wallet with the card and don’t call them to report a lost card, you could be liable for any losses. Yet another example of THE MAN trying to stick it to you :wink:

1 Like

You wouldn’t be surprised if they determined that they couldn’t tell whether or not the wreck you’re reporting actually caused that damage since you failed to report other wrecks to them?

You seem to be confusing “crooked” with “clairvoyant.”