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    My bad, I was thinking of home claims for property damage. Also different company's states different terms. It's been awhile since I have worked in P&C. Last day at Safeco/Symetra was 2006. Here is WA, we call property damage, liability. From my understanding so does OR and CA call it liability but others call it property damage to distinct it from bodily injury. Potatoe Potato, lol. So that kid has $10k of liability meaning his insurance is only liable for $10k.

    You AZ people call it property damage, weird.

    Besides that. See if they have Underinsured Motorist Property Damage, this will kick in once they have exhausted their liability coverage. Or if you have that coverage or collison coverage, your insurance can usually pay the difference and your insurance will go after that kid and/or their insurance to get the money back.

    $10k is also WA state limits on liability coverage.

    Here is the thing that I'm thinking. Since your car value is $20k after tax and all applicable taxes. That value is just hypothetical ok. So the valuation of $20k is for AZ within 100 miles of your zipcode.

    The insurance company is only liable for $10k. I do not know if they can legally total out your car since that is not the total lost value.

    If that is the case, you have a few options:

    1. If you have collison coverage, I would take the $10k from the kid's insurance company then file a claim with your insurance company to recoop the rest. This will result in paying your deductible and giving up your car for salvage or even keeping it for less value.

    2. Sue the kid in court. I do not know what your small claims court max amount is but here in WA it's $4999 before you go before a jury.

    3. Take the $10k from the kid's insurance company and keep your car. Again I do not know if they can total out your car since it's not the total lost value which can total out your car figuring they're only paying you $10k when and if your car is valued at $20k.

    So if it was me, I would do option #2 and keep your car, part it out or fix it.

    Mike
    Last edited by kitsune; 12-28-2012, 04:50 PM.

    Comment


      Also forgot to mention.

      Say they only pay you $10k out of the hypothetical $20k. Most of the time the insurance company will want you to sign a release or all future claim against them and their insured (the kid). Most of the time, I mean most of the time the claims rep won't do this, but if they do they will want you to sign a release from any future claims. IF they do, I wouldn't sign it. This will start to become a grey area where the Unfair Settlement Practice Act comes in. In the Act, it states the insurance company has to settle claims within a certain amount of time but if the negligence has been determined and the insurance doesn't pay regardless if they want you to sign a release, this can be considered an unfair practice because their policy does not apply to you regarding settlements. They will need to follow applicable state and federal laws regarding settlement and insurance. During this time, I would consult with an attorney. This can be consider bad faith on the side of the insurance company.

      Since they have not indemnify your loss, you have the right to sue to indemnify yourself of the loss.

      This will need legal and insurance commissior/DOI help.

      Mike

      Comment


        Christ, am I glad I have the insurance I do up here.
        Our minimum insurance coverage is 500k, and underinsured motorist protection comes with all insurance.
        If you get hit and it's deemed the other guys fault 100%, you get what your car is worth, and you are allowed to fight for more if you can prove its actual market value is more.
        We also have a replacement option on two yr old or newer cars. If your car is a total right off, they replace it with this years model of the same car.
        Originally posted by codyep3
        I hope to Christ you have looks going for you, because you sure as fuck don't have any intelligence.
        2001 silver/Blk 325 cabby. SOLD
        1988 Blk/Blk e30 factory wide body kit car SOLD
        1992 DS/BLK 325 m-tech II apperance pack cabby SOLD!
        2002 325xit Sil/blk. SOLD
        2012 328i xdrive touring. Wht/blk. SOLD
        2009 135 cabby. monacoblue/blk leather SOLD
        2007 Z4m coupe. Silver grey/black/ aluminum. 1of50
        2010 F650gs twin
        2016 M235i cabby. Mineral grey/Red leather

        Comment


          Originally posted by Todd Black 88 View Post
          Christ, am I glad I have the insurance I do up here.
          Our minimum insurance coverage is 500k, and underinsured motorist protection comes with all insurance.
          If you get hit and it's deemed the other guys fault 100%, you get what your car is worth, and you are allowed to fight for more if you can prove its actual market value is more.
          We also have a replacement option on two yr old or newer cars. If your car is a total right off, they replace it with this years model of the same car.

          Got to love Canada, but I hear that your insurance cost more as well. ICBC sucks balls though.




          Mike

          Comment


            so if he ran into a brand new lambo they would cut the lambo owner a check for 10k I don't think so
            1989 BMW 325is Lachsilber metallic 5 speed
            2007 BMW 335i KARMESINROT 6 Speed manual
            2011 BMW X5 35I

            Comment


              Originally posted by Kevinl View Post
              so if he ran into a brand new lambo they would cut the lambo owner a check for 10k I don't think so
              Yes. Coverage is what you pay for how much you want protected. State minimum is just what they will pay up too. That is why you have your own insurance coverage to protect yourself from idiots with state min's.

              Mike

              Comment


                so the $100 dollar question does the m3 in question have full coverage
                1989 BMW 325is Lachsilber metallic 5 speed
                2007 BMW 335i KARMESINROT 6 Speed manual
                2011 BMW X5 35I

                Comment


                  Originally posted by kitsune View Post
                  Got to love Canada, but I hear that your insurance cost more as well. ICBC sucks balls though.




                  Mike
                  so true.

                  I just finished dealing with ICBC after I totalled the 318is and it was a hellish process. Took several months but we finally got what I felt the car was worth in the end.

                  On one hand I look at US insurance agencies as being better, but then stuff like this pops up
                  320I - under construction

                  Comment


                    Thought I leave this here

                    Comment


                      Any updates to the status of this?
                      https://www.facebook.com/BentOverRacing

                      Comment


                        still totaled. dealing with this insurance company is a nightmare. fuck. but i did finally get my car back.

                        i've decided to fix the car. it's going to be a slow project. meanwhile, i'm going to sell the engine swap since i'm going to go a different route with the engine once the car is rolling again.
                        91 m3

                        Comment


                          Originally posted by 325Projectz View Post
                          still totaled. dealing with this insurance company is a nightmare. fuck. but i did finally get my car back.

                          i've decided to fix the car. it's going to be a slow project. meanwhile, i'm going to sell the engine swap since i'm going to go a different route with the engine once the car is rolling again.
                          Didn't expect to hear that your still haggling with insurance. What is the major issue? Their offer to low?

                          As far as it being totaled that's gonna be a serious reconstruction. Good luck keep us updated. At least BMW still has a decent amount of panels to help with that portion.
                          https://www.facebook.com/BentOverRacing

                          Comment


                            Lawyer up

                            Comment


                              man, 3 months..
                              how long did it take for you to get the car back?

                              what a mess, gl with it all

                              Comment


                                Originally posted by 325Projectz View Post
                                still totaled. dealing with this insurance company is a nightmare. fuck. but i did finally get my car back.

                                i've decided to fix the car. it's going to be a slow project. meanwhile, i'm going to sell the engine swap since i'm going to go a different route with the engine once the car is rolling again.
                                I don't want to go back through...

                                What insurance company are you arguing with?
                                Below the radar...

                                Comment

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