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First auto claim/odd questions

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bbqpops

Member
Nebraska

My college aged son was involved in an accident. He took evasive action to avoid t boning a flatbed truck that had pulled into his driving path. My son never made contact with the other vehicle, though it caused my son to leave the roadway. Does the flatbed truck carry any fault, as no contact was made? I'm guessing not, but police report has not been issued yet.

Also, my insurance uses actual cash value as a metric for reimbursement. An acquaintance told me the baseline sometimes starts at a trade in value for my area. Does his information seem correct?

I'm beside myself in bewilderment as this is new to me.


Thank you all in advance for your advice.
 


Zigner

Senior Member, Non-Attorney
Nebraska

My college aged son was involved in an accident. He took evasive action to avoid t boning a flatbed truck that had pulled into his driving path. My son never made contact with the other vehicle, though it caused my son to leave the roadway. Does the flatbed truck carry any fault, as no contact was made? I'm guessing not, but police report has not been issued yet.

Also, my insurance uses actual cash value as a metric for reimbursement. An acquaintance told me the baseline sometimes starts at a trade in value for my area. Does his information seem correct?

I'm beside myself in bewilderment as this is new to me.


Thank you all in advance for your advice.

If there are witnesses, or (better yet) if the driver of the truck admits to improperly pulling in to the path of your son, then the truck could very well be held liable.

As for the insurance - ACV is the proper amount for you to be paid. "Trade in" value has nothing to do with this.
 

bbqpops

Member
Thank you.

Is the ACV some sort sort of secret algorithm to determine value?

The information on the Internet is very vague.

The only reason I ask is because the vehicle was in impeccable condition prior to the accident. I just want a fair shake on this.
 

adjusterjack

Senior Member
Also, my insurance uses actual cash value as a metric for reimbursement. An acquaintance told me the baseline sometimes starts at a trade in value for my area. Does his information seem correct?

Have no idea. You should be asking the claim rep how ACV is determined.
 

bbqpops

Member
Pretty much have the auto claim wrapped up through my insurance.

However, the other guy's (flatbed) insurance company called to offer my son a check in return to sign a waiver.

It seems awfully strange to do this because there wasn't any damage done by his vehicle. Are they in CYA mode here? Are they possibly thinking their client might hold some liability? There is no such thing as free lunch, so what's the deal?
 

Zigner

Senior Member, Non-Attorney
Pretty much have the auto claim wrapped up through my insurance.

However, the other guy's (flatbed) insurance company called to offer my son a check in return to sign a waiver.

It seems awfully strange to do this because there wasn't any damage done by his vehicle. Are they in CYA mode here? Are they possibly thinking their client might hold some liability? There is no such thing as free lunch, so what's the deal?

If the accident happened exactly as you described, then the other party likely holds most, if not all, liability. Does the amount they are offering cover the full costs of repair to the vehicle? Is your son seeking any damages for injuries?
 

bbqpops

Member
My son is not claiming injuries. He feels pretty good. Hasn't seen any medical, nor has plans to.

The other company is offering this as pain and possible chiropractic. My insurance is paying the auto claim, and will likely seek to subrogate the auto claim.

As I understand, the injury and auto are two separate claims, according to the claim rep with my insurance.

Is the other insurance thinking we have a court case maybe? Not to mention the other three witnesses to corroborate my son's side of the story.

Just seems odd.
 

adjusterjack

Senior Member
No, it's not odd. It's pretty standard.

The truck insurance company is offering go-away money without any admission of liability so as to avoid any potential higher costs later on by getting your son's signature on a release form.

In other words, yes: CYA mode.

What anybody at that end is "thinking" is irrelevant.

If your son feels fine (and he's presumably over 18) he can sign the release and get the money. Once he does that, he's done, and can't go back for more if something comes up later.

However, if he has any aches and pains at all, it would be a good idea to get evaluated by a physician (stay away from chiropractors and their voodoo science) and delay settling until he is fully recovered with no residual effects.

How much money are they offering?
 

bbqpops

Member
They're offering $500. A paltry sum, in my opinion. I would have my son counter their offer, of course.

I wondered if this wasn't "go away" money.
 

Zigner

Senior Member, Non-Attorney
They're offering $500. A paltry sum, in my opinion. I would have my son counter their offer, of course.

I wondered if this wasn't "go away" money.

Why counteroffer if there are NO injuries? At that point, it's greed (IMO)
 

bbqpops

Member
And, you're entitled to that opinion.

And greed drives their offer as well. It comes down to what both parties agree is a fair price to never see each other again.
 

bbqpops

Member
Nineteen. An adult in the State of Nebraska.

I am on the registration, title, and policy holder for the accident.
 

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