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Posted: 10/28/2002 3:09:46 PM EDT
sat. night i was struck (my 1999 f150) by a swiss troop transport.iwas at a complete stop the tank hit me at about 20 mph,driver of tank admitted complete fault ,took truck for an estimate they said 2700 dollars to start ,dont know how much more till they get it inside. wife complained about hip pain ,she went to minor e-clinic took Xrays,didnt see anything...now the good part progressive insurance co. tried to write me a check for 1700 to fix the truck and 400.00 for pain and anguish.they also told me they would use salvage and aftermarket parts when available to fix my truck,i called bullshit on them and walked. what are my legal rights on this? ,can they mandate the use of aftermarket parts on my truck? please help me! thank you brothers -travis
Link Posted: 10/28/2002 3:34:00 PM EDT
It depends on State Law..so YMMV. My guess is that as the injured party they are required to return your vehicle to the condition it was prior to the incident and they can not require you to use after-market/3rd party parts. Do not accept the $1700 check. Signing of the check indicates that you accept the amount in full and drop all future claims. Send them a copy of the estimate, including a statement that there may be hidden damage which cannot be determined at this time. When they pay the claim, make sure that they provide some type of coverage for additional claims for hidden damage. Don't let them force you into using sub-standard parts or services. There are many studies on the 'net' regarding inferiority of aftermarket parts. As for the physical injury to your wife, do NOT accept the payment. I don't know exactly how to handle this, but you should get something from them to pay for current medical expenses resulting from the crash, and an agreement to cover future medical costs associated with currently undiscovered/un-diagnosed injuries suffered in the crash. They will try to coerce you into taking the checks for the lesser amounts which will close out future claims against them. Contact your State Insurance Agency to find out specifically what your rights and options are, and then check with a lawyer...especially regarding the medical claims.
Link Posted: 10/28/2002 3:49:48 PM EDT
Talk to a lawyer. The ones who advertise on TV are most likely ambulance chasers and will offer a free initial consultation. Take advantage of that and see where you stand. They'll let you know pretty quickly if they see money in your case or if you should just fight with the insurance company yourself to cover the repair costs.
Link Posted: 10/28/2002 3:50:41 PM EDT
Originally Posted By pipefitter: sat. night i was struck (my 1999 f150) by a swiss troop transport.
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[b]Swiss[/b] troop transport? As in Switzerland? Complete with- well, Swiss troops?...[rolleyes] What were they doing in the USA? Did they take a wrong turn at the Matterhorn, or something? 'Splain it to me, Lucy. PS hope all goes well for you and your missus.
Link Posted: 10/28/2002 3:53:02 PM EDT
They can mandate the use of Aftermarket parts. In fact alot of insurance companies are doing this now. It sucks yes it even pisses off the Body Shops. But check out this site and goto the class room and keep going until you get into the forum. You dont have to register to post. [url]www.autobodystore.com[/url] They are really good guys and they will be able to tell you the laws and stuff a little better on these things. I spend alot of time over there too. I have a 65 mustang that I am restoring. KC
Link Posted: 10/28/2002 3:57:49 PM EDT
You need to look back at you Ins. paper work to see f there was some ity-bity line in there about "fixing" your car/truck with used crap. If ther is they have you if not go get the 3 bids and take them to the Ins. co. if thy don't do things right rip'em a new one!
Link Posted: 10/28/2002 4:03:25 PM EDT
[Last Edit: 10/28/2002 4:06:04 PM EDT by 9divdoc]
Lawyer UP dont sign anything dont take their check If you have dont cash it...until youvespoken to a lawyer I had a brand new Chevy Z71 sideswiped it had 800 miles on it..the frame was bent the insurance company refused to total it...the dealer painted it ...did a shitty job on it...had them do it over ..it was just as bad...regardless of what it looked like the frame was out of square..never really ran as well... Sold it ..and even with the insurance coverage..the sale put me down a couple of thousand bucks...that was unrecoverable ..the broad that hit me ..ran a stop sign ..she got a ticked and the insurance totaled her peice of crap out ..she got a better car outta the deal.. Get a lawyer... And go to a MD and a Chiropractor and start getting treatments ...and complain of any pain to the docs so that it is written into the record...do this weekly minimum until the court date..leave the settlemet open ended in case you need treatment five years from now.. Document Document Document
Link Posted: 10/28/2002 4:08:06 PM EDT
thanks for all replys to make sure everyone understands, this is the unimogs insurance provider ,not mine
Link Posted: 10/28/2002 4:23:10 PM EDT
Unimogs are German btw, although his may have been surplus from the Swiss. You were right to call BS on them. They have to fix it to new, like it was before the accident. Thins includes aftermarket parts. Do not take it until you are satisfied. If you got hit by a unimog are sure its not more than 2700 worth of damage? Maybe you were hit by a Pitz. Those are Swiss.
Link Posted: 10/28/2002 4:34:14 PM EDT
You just hit the lottery!!!If it was me I'd be complaining about backpain,dizziness,vertigo,heart pain,hemmoriods,you name it.
Link Posted: 10/28/2002 4:39:47 PM EDT
Solution? Buy a fucking Unimog. the_reject
Link Posted: 10/28/2002 4:45:45 PM EDT
the vehicle that busted my truck was a 1973 steyr pinzgaur model 710 troop carrier
Link Posted: 10/28/2002 4:50:42 PM EDT
People who fake injuries or pain are low-life scum-bag trash. Don't let anyone talk you into doing anything like that; getting rear-ended is not winning the lottery. Get only what you lost, but make sure as hell you get it!
Link Posted: 10/28/2002 4:51:57 PM EDT
Get a lawyer now. If in okc, go to Craig Dawson's and associates, ask for Marcus Gowens. A lawyer will get you what is your, payment of med bills for wife, and truck fixed with good parts. TXLEWIS
Link Posted: 10/28/2002 4:54:22 PM EDT
My mother was driving her car when it was rear-ended by another driver. She had neck and back pain and her car had damage. The other driver was at fault. His insurance tried to do the same thing--to get my mom to sign off on something quickly and for less than she was going to have to spend in doctor's bills or to get the car repaired. (She was also living in Oklahoma at the time.) She didn't accept, and the insurance company's offer kept getting better every time she didn't accept. Document everything from doctor's visits and such. Tell the doctor to charge it to the other driver's insurance. Don't pay yourself. Then the doctor will be on your side going after the insurance company to collect. That was my mom's experience. Similarly, don't pay the body shop a cent. Make them collect their money from the insurer. With the body shop and the doctor hounding the insurer for payment they are going to want to make a settlement. YOU are in the position of strength. They don't get to close their case until you okay. Make sure you are SATISFIED before you sign any settlement. The other driver caused this mess and it is his insurer's job to make sure you have been properly compensated. Don't settle for anything less. Talk to your own insurance agent for advice if you don't want to deal with a lawyer. BTW, the other guy's insurer is going to take a hard line with you and tell you you're not going to get a better deal and you should just sign now and take the money and get things fixed because all you're going to do by holding out is delay getting this taken care of. Don't accept that bullshit. Tell them no if you're not satisfied and notice what happens--they WILL come back to you with a better deal. Not right then, but eventually. If you're trying to screw them over, it's probably true you won't be able to get that out of them, but if they're trying to screw you over, you don't have to let them get away with that, either. They need your okay to close the books on this case. Don't give it under pressure; wait until you are satisfied with the deal. It worked for my mom, it can work for you.
Link Posted: 10/28/2002 4:56:48 PM EDT
Originally Posted By Avtomat: People who fake injuries or pain are low-life scum-bag trash. Don't let anyone talk you into doing anything like that; getting rear-ended is not winning the lottery. Get only what you lost, but make sure as hell you get it!
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So what's your point?
Link Posted: 10/28/2002 5:06:59 PM EDT
called a legal advice co ,they said send the wife to a specialist and dont settle any medical for less than 5000 dollars .he also gave me a lawyers number. i dont know what to think about it all,guess ill find out tommorow after i talk to the lawyer,thanks for the good advice so far-travis p.s. all this happened in tulsa
Link Posted: 10/28/2002 5:07:44 PM EDT
called a legal advice co ,they said send the wife to a specialist and dont settle any medical for less than 5000 dollars .he also gave me a lawyers number. i dont know what to think about it all,guess ill find out tommorow after i talk to the lawyer,thanks for the good advice so far-travis p.s. all this happened in tulsa
Link Posted: 10/28/2002 5:18:54 PM EDT
Originally Posted By pipefitter: sat. night i was struck (my 1999 f150) by a swiss troop transport.iwas at a complete stop the tank hit me at about 20 mph,driver of tank admitted complete fault ,took truck for an estimate they said 2700 dollars to start ,dont know how much more till they get it inside. wife complained about hip pain ,she went to minor e-clinic took Xrays,didnt see anything...now the good part progressive insurance co. tried to write me a check for 1700 to fix the truck and 400.00 for pain and anguish.they also told me they would use salvage and aftermarket parts when available to fix my truck,i called bullshit on them and walked. what are my legal rights on this? ,can they mandate the use of aftermarket parts on my truck? please help me! thank you brothers -travis
View Quote
In 1995 I had a Progressive Insurance full coverage policy on a Harley Wide Glide that was all original with a factory three tone red flame paint job. My bike was involved in a HIT and RUN while it was parked. Progressive not only wanted to use AFTERMARKET PARTS,but they outright refused to have the paint re-done by the factory. Additionally,the adjuster who came to look at it said it was "totaled",after looking at it for about 45 seconds, and he "offered" me chump change for it. Although I kept it I found out later that this ass had a deal with SALVAGE YARDS! Oh,thats not all. A buddy of mine took it to a Harley dealer for a SECOND ESTIMATE and the agent called them and said to disregard! I tried speaking to his supervisor and got more weinie! The MORAL OF THE STORY IS....DO NOT BELIEVE PROGRESSIVE AT ALL!!Get an ATTORNEY!!
Link Posted: 10/28/2002 5:43:20 PM EDT
[Last Edit: 10/28/2002 5:52:00 PM EDT by GlockRules]
Is Progressive your insurance company or the guy's who rearended you. If it is yours, then , as far as the aftermarket parts goes, I bet if you look in your insurance policy "small print" it will mention using aftermarket parts. My insurance co. (State Farm) was sued a few years ago by a class of policyholders because of their policy of using aftermarket parts. Now the policies specify that aftermarket parts will be used when available. I would be surprised if other large insurance companies havent followed suit. NOW if Progressive is the other guys insurance, then you should be able to get it fixed like new, you will probably need an attorney, though. This way, you will basically be dealing with their insurance company (thru an attorney, get one). SEARCH OTHER MESSAGE BOARDS, ESPECIALLY MOTORCYCLE FORUMS, FOR OTHER PEOPLE IN THIS SITUATION. YOU SHOULD FIND A LOT OF INFO THAT WAY, MOTORCYCLES GET REAR ENDED A PRETTY GOOD AMOUNT AT LIGHT, AND IN TRAFFIC. Progressive is in the business to screw you(make money), so they are going to pay out the least possible. If you have a police report and it is clear cut that you were rear ended and who was at fault, you should have no problem getting a good lawyer to go straight after the other guys insurance company for whatever you need to fix the car, plus medical, pain and suffering (if this happened in this case). Good Luck! Edited to add that I wasnt sure who's insurance company was Progressive.
Link Posted: 10/28/2002 5:44:59 PM EDT
The only sage advice anyone here can give you is to seek an attorney ASAP and don't sign anything until you have had that opportunity.
Link Posted: 10/28/2002 5:53:15 PM EDT
I have to agree with don't fake it. I say fight for your truck to be fixed right. The only problem is you & your wife might not realize the extent of your injuries till a week or even a couple of months from now. All she has to do is bend or twist a certain way. A 20 mph accident is not that small. Even if you were standing still and also in a truck. Get an attorney and have it taken care of.
Link Posted: 10/28/2002 6:02:25 PM EDT
[Last Edit: 10/28/2002 6:18:34 PM EDT by Toosharp]
Hey pipe, long time no see! My wife was rearended last tuesday by some turdbird driving a company truck. The little POS did not even have a DL as it had been revoked some months earlier. He begged my wife not to call the cops, but seeing as her dad is an OCPD officer, that crap was not going to fly. The officer showed up took a report and kindly escorted the little smart a** off to jail. Needless to say the next day a claim was filed with farmers, and lo and behold, no answer until today, when I called the adjustor and gave him the what for. Now it just seems to be a waiting game, guess we were lucky the little turd had insurance as provided by his company.
Link Posted: 10/28/2002 6:03:56 PM EDT
thanks for the continued advice,to make things clear ,progressive is the tanks insurance provider who i am having hell with.im not looking at wanting something for nothing,i just want to make sure my wife is 100% and i want my truck in the shape it was before damaged with factory parts.if these jackasses wouldnt have tried to hose me to begin with ,things would be a lot simpler.
Link Posted: 10/28/2002 8:11:12 PM EDT
Did Progressive get paid with 3rd rate monopoly money or the real deal? Then they need to provide the real deal when it comes to replacement parts! Don't get me started with insurance companies. I can't stand a thief or a liar, and they are both.
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