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Car accident...insurance question

My DH, son and I were driving to work at 1 am on the highway and hit 2 horses.Van totaled,I got a dislocated shoulder,son and DH are fine.3 weeks later the farmers insurance called and said the fence the horses trampled was sturdy.Theyre paying for the vans storage and towing fees and we get $2300.That is about $1000 less than kelly blue book says its worth but the insurance guy says thats what he went by.If we take them to court over this and lose we get nothing from his insurance.I was hoping to get more out of it since we just put in ALOT of money for repairs just weeks before and now its just gone. Not to mention the lost days of work and renting a car and just all of the stress, trauma and problems this has caused.To make it worse our 3 year old son is having nightmares where he wakes up screaming and shaking talking about horses.I dont know if we should just accpet the insurance guys offer or try taking him to court.

 
Anonymous

Asked by Anonymous at 9:45 AM on Jun. 26, 2010 in Money & Work

This question is closed.
Answers (12)
  • Honestly, I live in TN, and there are ads for lawyers that will represent you for a portion of what you get and that have free consultations all the time. I would talk to an attorney like that before I signed anything.
    If they said that it was worth it, I would take them to court. If not, I would look at the insurance's offer as a jumping off point, and I would give them not only the Kelley Blue Book that I looked up, but the receipts for lost wages & rental car fees, doctor visits,etc. And tell them that would be the least I would take. Can't hurt to try!
    mommy11260

    Answer by mommy11260 at 9:54 AM on Jun. 26, 2010

  • When you looked at Kelley Blue Book, what did you look under. There are different values listed. There is a resale value, a trade in value, etc.
    My policy covers a vehicle rental. If your policy did not have this, you might be out of luck. Some policies also have coverage for loss of work.
    I guess it really has a lot to do with how much coverage you had. You could talk to a lawyer to see what they think your chances are.
    As for anything more, maybe you should look at the horse owners.
    layh41407

    Answer by layh41407 at 9:51 AM on Jun. 26, 2010

  • It probably depends on your state, but in my state, the farmer is responsible for any damages caused by his livestock. It shouldn't matter how sturdy the fence is. Check into the laws in your state. I once had a car totaled by insurance, and I was reimbursed based on the NADA value, which can be different than the KBB value.
    andrea96

    Answer by andrea96 at 3:15 PM on Jun. 26, 2010

  • It depend on what state you are in will depend on if its worth suing or not. In michigan you can go to small claims court and receive up to 1500 or 2500 (not sure which it is) if you win. No attorney is needed and at the most it will cost you time. I believe you have a case and I would at least try. Check out the laws in your state for small claims. You werent at fault and your out of pocket expenses should not be on your shoulders. If the fence was sturdy, how did they get out? good luck
    desperateat48

    Answer by desperateat48 at 9:51 AM on Jun. 26, 2010

  • Does your insurance company offer an appeals process? I think most do! Check out your insurance company's website and see if there is information about appealing your claim. You have to remember that insurance companies don't WANT to have to pay out any more money than they have to, and it certainly wouldn;t be unheard of for them to "low ball" your claim!

    I would try the appeals process first, and if that doesn't get you what you want, I think I would just let it go from there. Taking them to small claims court will be more hassle than it's worth, and remember the insurance company can afford very good lawyers for their side!

    Good luck!
    LoriKeet

    Answer by LoriKeet at 9:53 AM on Jun. 26, 2010

  • Don't accept the offer, I do not know the laws in your state but maybe this is what you should research, in Fla, you can get a minimum of 10,000 in damages for less than what you said. Do some research or contact a liability attorney. They do not get any money unless you get money.
    older

    Answer by older at 9:53 AM on Jun. 26, 2010

  • You'll probably lose if you go to court.
    SaraP1989

    Answer by SaraP1989 at 9:57 AM on Jun. 26, 2010

  • My advice is first, were YOU insured? your car insurance should be helping you handle all of this and give you advice. I would hold out on this, dont accept it till you get more. they should be payuing for lost time at work and for pain and suffering. sounds like they are trying to cop out and give you the lowest amount possble. if you did not have insurance I would advice a free consultation with an accident laywer or two to get advice on your best case scenarios
    sati769leigh

    Answer by sati769leigh at 10:16 AM on Jun. 26, 2010

  • Get a lawyer. What does YOUR insurance agent say about all this?
    motherofhope98

    Answer by motherofhope98 at 10:31 AM on Jun. 26, 2010

  • My Camaro was stolen a week after I paid to have a new transmission put in it. They sent me a check and I was not happy with what they sent so I called them and sent ad's from around our area showing what comparable vehicles were going for. I also sent them the receipt showing all the work I had just had done to it and they reimbursed me! They sent me a new check that I was happy with. I did the same thing with my husbands Camaro that I totaled out, I declined their first offer and they came back with a much better offer. It never hurts to ask. The Farmers insurance should pay for you a rental car. We have rental coverage on our insurance so we never have to worry. Also, do you have under insured on your policy? If so talk to your insurance company. If your vehicle was not paid for do you have gap insurance? Gap insurance is a God send. If I am financing over 60% of the vehicles value I get Gap.
    kc932

    Answer by kc932 at 12:31 PM on Jun. 26, 2010

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