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Tractor Talk Discussion Forum

O/T Pickup Accident

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trw

01-10-2007 18:38:28




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I've tried this several times, so if the other posts show up, I'm sorry. Here's the deal-Neighbor moving farm equipment after dark, with no lights or reflectors. My wife meets him and the she collides with farm implement. $9000 damage to our pickup Neighbor's Insurance Company(NIC) is only legally obligated to pay what the vehicle is worth. Our Insurance Company(OIC) says the pickup is worth more than NIC says its worth, but still not enough to cover fixing the pickup. We cannot afford a new or decent used pickup, so we took OIC's settlement. Someone at NIC mentioned something about "punitive" damages. Unfortunately we have not heard anything else from that person and not been able to contact them. What are our options to get enough money from the NIC to finish fixing the pickup. I would assume we need to get some of these "punitive" damages to cover this. We don't want to have to take the neighbor to court,(he is a lifetime friend) but I guess we could take the NIC to court if we have to. We also don't want to have to get an attorney involved either. This would only create more expense to us. Any ideas out there? The pickup was nicer than most pickups 5 years newer. So this, along with the fact we can't afford a different one, is why we are getting it fixed. HELP!!

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Vern-MI

01-11-2007 11:04:26




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 Re: O/T Pickup Accident in reply to trw, 01-10-2007 18:38:28  
Have you received any settlement monies yet? Once you’ve agreed on an amount, the adjuster will send you a release to sign which basically says you are releasing the insurance company and their insured from any further responsibility for your damages. In other words, you cannot come back later and sue for more money once you have a check and signed off.



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trw

01-11-2007 07:37:13




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 Re: O/T Pickup Accident in reply to trw, 01-10-2007 18:38:28  
We are not looking to make any money off this thing. We just want our pickup back and a little money for the hassle it has been for us. Is this where the "punitive damages" come in? We would take the punitive money and pay the extra expense. My wife was in town a while back and stopped at an attorney's office. I was under the impression that MOST attorneys will give a free consulation on the first visit. Apparently not all of them! The secretary wouldn't let her talk to the attorney without $190. We don't need that expense. I also wondered about the small claims thing. We don't want to take the neighbor to court, but if the Ins. Co. would have to pay the "damages" it might be an option. Neighbor admits 100% at fault!! Investigating Sheriff had to get back to town for his 10 PM donut break, so no charges were filed!!!! That wouldn't have helped us anyway.

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Leland

01-11-2007 09:50:48




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 Re: O/T Pickup Accident in reply to trw, 01-11-2007 07:37:13  
Ask a personal injury lawyer most will speak to you free the first time ,I know of a couple that hit a field culvatior in the rear due to being blinded by the rear light on a tractor they got 7 figures from the farmers ins company . So you probley have a good chance of having a good case against this clown .



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Brian in NY

01-11-2007 08:21:17




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 Re: O/T Pickup Accident in reply to trw, 01-11-2007 07:37:13  
Can you answer a couple of questions?

1)What state do you live in?

2) Was your wife injured?

3) How long ago did this happen?

4) Where is your truck now?

I am an insurance adjuster, I can probably help point you in the right direction if you answer those questions.



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trw

01-11-2007 19:51:06




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 Re: O/T Pickup Accident in reply to Brian in NY, 01-11-2007 08:21:17  
We live in South Dakota and my wife was NOT injured. It happened in the middle of Oct., and it took until the middle of Nov. before we got an offer from the other insurance company. The pickup is being fixed and should be about done now. I know that we can't get anymore "pickup damage" money, but we should be able to get some punitive damages shouldn't we? We would be able to use this money to pay the rest of the bill. This whole ordeal should not cost us 1 penny since we were not at fault in any way at all. Thanks for all the help.

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Brian in NY

01-12-2007 07:35:49




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 Here's the deal on Punitive Damages in reply to trw, 01-11-2007 19:51:06  
Well, if your wife was not injured, in most cases you would have no case to make a claim over and above the claim for the truck. Punitive damages are really just something a court awards to make an example of someone. In this case the person who hit your truck would have had to be doing something very irresponsible or hainous. DWI, vehicular assualt, etc.
If that is not the case, punitive damages are just not realistic.
I guess you could file a claim in county court...but that is going to cost you lots of time and money. Plain and simple by law, they owe you the lesser of a)Cost to repair, b)Actual Cash Value of the truck. In no event will they pay the cost to repair the truck if the actual value is less.
That's the plain and simple truth unfortunately.
Sometimes people own a vehicle that has sentimental value to it; but in most cases the valuations are accurate. It might not seem so to you right now, but I would wager that with cash in your hand, you could go out and get a similar truck at a dealer for close to the value of your own.
That being said...
Only a couple of possibilities here.

1)Did you get a rental vehicle from the at fault party's company? If you didn't they may owe you for one. You might be able to leverage that into some additional cash...You might have to elevate this issue to a regional manager.

2)If your state recognizes something called "dimunition of value", you may be able to make a claim for that. However if they have deemed the vehicle a total loss, this is likely not a factor.

I wish you luck on this, but to be honest it seems like you are kind of past the point of no return. I agree you should not have been put into this position, but someone should have explained your options to you when this first happened.

Sorry to be the bearer of bad news.

Brian

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Semper Fi Guy

01-11-2007 03:36:02




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 Re: O/T Pickup Accident in reply to trw, 01-10-2007 18:38:28  
Recently an accident similar to yours happened in our community, it ended very differently...two people in the car were killed, a farmer hired a mexican to work for him and he was not even legal in this country, the farmer who owns the equipment is being protected from the local news, the blame is resting entirley on the mexican who is no where to be found, as he was released by officials....
Wish I could offer you better advice than be happy that you wife is alive, it could have been worse...

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earlschieb

01-11-2007 06:37:56




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 Re: O/T Pickup Accident in reply to Semper Fi Guy, 01-11-2007 03:36:02  
You must live around Hagerstown Indiana, I wondered that when they let that Illegal loose, if they would ever see him again. Union County Indiana here.



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Semper Fi Guy

01-11-2007 10:01:46




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 Re: O/T Pickup Accident in reply to earlschieb, 01-11-2007 06:37:56  
Yes, never heard if he has surfaced yet, what is the use anyway...going after a poor drifter? If I owned the equipment my name would be all over the news, somebody has some pull here....it's driving me crazy as to who it is....
I wish I had some ideas to get this pick up truck fixed, but I don't.
My sister in Cleveland had her car stolen, it was found wrecked, she hit up her insurance company for a few more hundred than they offered and she got a check, she is walking now. Sorry to cut in on your post like I did....

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65 Oliver 1650

01-10-2007 20:40:25




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 Re: O/T Pickup Accident in reply to trw, 01-10-2007 18:38:28  
Another thing that most people don't know is if the insurance company totals your vehicle, you are entitled to the sales tax also,, when you go out and purchase a replacement vehicle.



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MarkB_MI

01-10-2007 20:01:30




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 Re: O/T Pickup Accident in reply to trw, 01-10-2007 18:38:28  
The answer depends on what state you live in, since insurance is only regulated at the state level.

I think your only option (if you have one) is to take your neighbor to small claims court to cover the difference between what you think your pickup is worth and what you received from your insurance company. Your neighbor's insurance company is obligated to defend him against your suit, and would be likely to cut you a check rather than go to court. IANAL.

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landlord7012

01-10-2007 19:02:18




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 Re: O/T Pickup Accident in reply to trw, 01-10-2007 18:38:28  
Went thru same thing in a car vs car a few years ago. Other guy's ins denied his fault even though he blew a stop sign and hit me almost head on. You did the right thing taking your ins co settlement. Now it's up to your ins to go after the neighbors ins (common practice I found out, dates way back, even has a fancy name I can't remember). I don't believe you can go after neighbors insurance anymore unless it's for other medical or property damage not covered by your insurance. In taking your ins co's settlement you should have better negotiating power between your body shop and ins co and may need to compromise a little with used or aftermarket parts. It worked for me! If I waited for the other ins I probably still wouldn't have a driveable car.

ll

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Gerald J.

01-10-2007 20:22:53




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 Re: O/T Pickup Accident in reply to landlord7012, 01-10-2007 19:02:18  
Its called subrogation when one insurance company pays their customer then goes after the other company. In many policies the fine print says the customer will assist the company in court. In Iowa that means the customer fronts the lawsuit while th insurance company hides but pays the bills. That's because unless its changed recently the mention of the word insurance is enough to get a lawsuit thrown out of court almost instantly, unless its the insurance company being sued. In theory the jury is not supposed to know there's insurance involved or potentially in a position to pay the claim. There's the fear that the jury award will be excessively large if the jury knows its coming from an insurance policy. Doesn't always work that way in my experience.

Gerald J.

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landlord7012

01-11-2007 15:58:15




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 Re: O/T Pickup Accident in reply to Gerald J., 01-10-2007 20:22:53  
Thats the word Gerald, thanks. It worked for me and my vehicle was satisfactorily repaired. My insurance recovered 90% of the claim (my 10% just for being there!). I hope trw gets satisfaction as well. It just SUCKS that good honest people pay their premiums faithfully then insurance companies deny, deny, deny.

ll



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