getting troubles when a moving van making a right hand turn trashed the passenger side of my F-150 Lariat extended cab.
Question:
Background: I was stopped at a red light when a moving van making a right hand turn trashed the passenger side of my F-150 Lariat extended cab. The passenger side doorskin was peeled off, the window shattered, and everything on the right side, stem to stern was damaged to some degree. The driver admitted fault, I have eyewitnesses, not to mention that I wasn't even moving when I was hit, so liability is cut and dry. I called the insurance company and left voicemail that evening, just over a month ago. The next day I had an e-mail exchange with the insurance company, sent them a photo of the damage, and had the body shop fax an estimate on the third day. I was told that repairs would take a couple of weeks. I had no luck wading through voicemail, so I asked about a rental truck via e-mail and got no response. I borrowed my dad's '89 Mazda B2000. It barely runs, has no heat or AC, no room to lock up my tools, can't handle the payloads I haul at work (I'm a stone mason). In short, it get's me to work, but causes a great deal of inconvenience once there, requiring the office to re-schedule and juggle job assignments. Not to mention I had to repair the failing brakes. I'm struggling to make my mortgage payments at the moment. I don't need this. Two weeks go by, and I prepare to pick up my truck. Come to find out that the insurance company I've been talking to is the insurance *broker*, representing the moving company, but not the insurance company responsible for my claim. Confused? I was. I still don't get why the broker would ask me to fax them an estimate if it isn't their responsibility to fix my truck. Then I find out that work on my truck hasn't even started because the insurance company hasn't authorized it yet. Finally, the insurance company becomes aware two weeks after the acccident, and sends an independent adjuster to look at my truck. Work starts, and my truck is repaired and ready a full month after the accident. Add insult to injury: I go to pick up my truck, and the body shop tells me that the adjuster said I would receive a check in the mail. Obviously I hadn't, and the body shop refused to release my truck. After several attempts, I finally get a hold of a real person at Vanliner insurance and they say they are still investigating, that no one had the authority to promise me payment or authorize repairs! I again inquire about my rental truck and she responds that her report says nothing about my truck not being driveable and implies that I should have been driving it this whole time. The whole door is mangled, it won't open, the window is gone, I can't secure my tools or keep the rain out, and I'm supposed to drive it while they give me the run around? I don't think so. I live in Washington state, and it looks like I've got a solid case in small claims court if I need to, but it just shouldn't have to come to that. I guess I'd like any general advice or pointers on how to proceed from here. Resources on the web, a more appropriate discussion forum, or whatever.
Answer:
_You run, don't walk to the nearest shyster lawyer you can find. You complain
of latent pain in your neck. The lawyer sends you to some fly-by-night
sawbones who says that you have soft tissue damage. (this is key because it
is virtually undetectable in an X-ray thus not easily refuted) Shyster then
files suit against the moving company and names their insurance carrier, the
broker, the company and the driver as responsible. You will have a very
generous settlement within a few weeks. 33% will go to the shyster. Sad that
it must come to this, but frequently it is the squeaky wheel that gets
greased.
_I don't normally reply to posts in this group because Ford trucks aren't my
expertise. But I feel compelled to with this one.
The way this should have worked out is as follows:
1) Accident.
2) Police Report (this establishes the facts of the accident as a matter of
public record).
3) Your insurance company inspects the vehicle and authorizes repairs.
4) You pick up your fixed truck and your insurance company pays the body
shop.
5) Your insurance company goes after the other insurance company for the
cost.
From what you have posted here, it sounds like you probably didn't get an
accident report, which means that liability isn't cut and dry, in fact it is
your word against the other guy provided there are no witnesses to offer
testimony in either direction. It also sounds like you are dealing with the
other insurance company directly, which means you are getting the runaround
because they don't take you seriously and there is no reason for them to pay
you a dime (what are you going to do, sue them? that's what your insurance
company should be doing for you!). The people you are dealing with get paid
by the moving company to make sure you don't get a dime.
Considering the accident happened more than a month ago it is going to be
difficult to improve your situation.
Do you have a police report? If not, were there any witnesses that you can
get a hold of? They will have to sign sworn statements either at the local
cop shop or with your attorney. That's going to be step one, the next is to
get your insurance company involved ASAP.
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