How to make thier insurance company pay?

How to make thier insurance company pay?

So I was in an auto accident on 1/4/13 in Washington state on i5 with a semi truck driver. The insured semi truck driver was from Canada. So first off my insurance lapsed 10days prior to the accident and in Canada it makes it automatically my fault. But were not in Canada that was the first problemSo it was completely his fault but I'-ve had a hell of a time Trying to get paid , so the insurance company sent a estimator to my house he takes a picture from each corner of vehicle and one of the inside. He asked if I could start the car so he could get the mileage, I told him the battery was dead and I could hook up another battery so he could get the mileage. He told me it was not necessary. Also he could not get the vin because it was blocked by a piece of paper. He got that info off old insurance card.So the car was deemed a total loss. They offered me 10k that included the cost of a rental car for two weeks since I never got one. They had my car listed as a 2008 base model Mazda 3 but I really had a 08 Mazda 3 s grand touring and was loaded from rims to moon roof.My car blue books from 13k to 17k with my options , without my options their bid was correct. So I contacted the company and told them they had my options wrong and I was told to prove it . I got paperwork from dealership stating that my car was loaded and worth 17k.Since then the insurance company tells me they need to reinspect my car. But the problem is that I quit paying my car payment so it was reposessed. The offer stated that I could keep my vehical for 3600.00 bucks so I didn'-t really care they took it. So I haven'-t told them I don'-t have the car anymore and they want to reinspect and I just want my money so I can pay the differance I owe on my car and also get a car. It is now may it has been 5 months with no vehicle. How can I get them to pay what is owed with out getting a lawyer..


You have presented a very unique situation.So you owned the car, but had a car loan on it. You did not specify what the payoff balance was at the time of the loss. I wonder how much was left on that loan?If you had reached an agreement to settle, the insurance company would issue a check payable to you and the lien holder in exchange for the signed title. In other words, the insurance company is BUYING your wrecked vehicle when they settle on a total loss. And they physically take your vehicle, and then sell the salvage to a salvage buyer. And this allows them to recoup part of the loss.Your vehicle title would have listed a LIEN HOLDER, so you could not just sell your vehicle without the Lien Holder’s signature.The amount of the settlement check is then divided between you and the loan company, depending on how much you owe on the car loan. And sometimes to simplify the process, if you get the “pay off balance” at the time the check is issued, then the insurance company will issue TWO CHECKS, one to you and one to the loan company.Once you have this kind of accident that totals your vehicle, the first thing you need to do is contact your loan company to advise them of the situation, and get the payoff balance. If they know what is going on, they are not going to repossess the vehicle.How did your insurance lapse? Because of the lien holders involvement, your insurance company should have notified your lien holder of the lapse in coverage, and then typically the lien holder will buy insurance, at your expense, to just cover the value of the vehicle. (They add the premium cost to your loan.) Was that done in this case? Did they buy insurance once they learned your insurance lapsed?==============What to do now? You need to contact your loan company, and find out who is handling your car situation. What is the status of the salvage? Where is it located? Or has it been destroyed? (I am concerned that five months have lapsed.)If the loan company still has the vehicle, then make arrangements with them that would allow the insurance company to re-inspect the car, if that is what they want to do. And then settle with that insurance company, and coordinate the settlement with your loan company. Also, find out what your pay-off balance is.Your loan company would be more than happy to turn over the salvage to the insurance company once they are paid for what is owed them. And why would you want to buy the salvage for $3,600? That is essentially the deal the insurance company offered you. Do you want the junked car?If your payoff balance is, for example, 60% of the car value, then you are entitled to 40% of the settlement amount. (Your loan company would get the other 60%.)One the other hand, it is possible that you are “underwater” on your car loan. So you may owe 105% of the value, which means the loan company gets 100% of the settlement check, and you still owe 5%, or the remaining loan amount. That’s why the PAY-OFF BALANCE is so important. You need to know that number. You also need to reach an agreement with the insurance company on the value of your car.


Insurance does not pay what is owed. Insurance pays what the car is worth that can be documented. This means any extras do not count.You were in violation of your loan when you did not pay your insurance. If you had up to date comprehensive insurance that was required for your loan, you would not have had to deal with any of this. You insurance company would have worked with the other insurance company on your behalf.The insurance company is saying we need to reinspect the car to determine an appealed value, if available. Since you don't have the car, they can do this. Take what you can get. A lawyer can't help you at this point either.


In short, you're F'ed and its all your fault. You have no one to blame but yourself.The car has been repossessed.In a total loss, the insurance company buys the car from you. That means, they get physical possession of the vehicle and the title signed over to them in exchange for the money. Since you no longer have physical possession of the vehicle, you probably won't get any money.The insurance company will have to call the bank your car was financed with. The bank will send them the repo paperwork showing that they now have the car. The insurance company will negotiate the total loss settlement with the bank. They will pay the bank and the bank will release the car and the title to them. IF the value of the car is greater than the amount owed on the car, any equity will be mailed to you. But that's unlikely. Because the bank will have not only the balance of the loan, but the penalties for non-payment, additional interest and repo fees. It's highly unlikely you won't get any money for the car.


Look, they don't have to offer you "retail" value. You don't get dealer price. You don't get "loan payoff".Go to,,, and look at the PRIVATE PARTY sale value. Keep in mind, all the money you threw into it in customizing equipment, does NOT increase the value dollar for dollar - usually closer to a 10% of your cost increase.Frankly, there are FIVE places on a car where they can grab the vin - and I can't believe you couldn't open the door to remove the piece of paper. You have NO evidence on hand, that the vehicle is "better than the initial appraiser" said it was. I think you're not going to get more than their offer, and since you can't turn the car over to them, you're going to get the $10K minus $3600 salvage value.


You are S.O.L without a paddle. Why would you quit making payments without your claim being settled??? Take the first offer or get nothing.Source(s):Insurance Agent. Seen everything!!



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