Sapphy Posted May 23, 2013 Report Share Posted May 23, 2013 Anyone have a recommendation for a Lawyer? On 4.11.2013 I was rear ended (I posted about the crap with the CPD). This issue is still going on, the other driver that hit me has State Farm. They started by giving me the run around, followed up by saying they would not pay for 3C to do the repairs, and is now ignoring me. It looks like I am going to have to drag them to court. Any recommendations? Quote Link to comment Share on other sites More sharing options...
whaler Posted May 23, 2013 Report Share Posted May 23, 2013 Your insurance company should be handling the dirty work. If you did not report this to your insurance company, you should do so now! Doing this alone, or out of pocket with a lawyer will cost you lots of time and money. Quote Link to comment Share on other sites More sharing options...
Sapphy Posted May 23, 2013 Author Report Share Posted May 23, 2013 Your insurance company should be handling the dirty work. If you did not report this to your insurance company, you should do so now! Doing this alone, or out of pocket with a lawyer will cost you lots of time and money. My understanding is, after talking to them, is I am on my own since State Farm made the "attempt to resolve this issue" and if I want them to get involved, I have to pay my deductible and them go after them to get it back, and they will go after them for their money, but would not go after them to get my deductible back. Quote Link to comment Share on other sites More sharing options...
madcat6183 Posted May 23, 2013 Report Share Posted May 23, 2013 Uh no, that isn't right. This is why you pay insurance premiums that are rediculous. Continue to call your insurance company until THEY hire the lawyer. This happened to my exgf, kinda. Guy hit us, causing severe medical damage and lots of ER/hospital bills. Their insurance tried to pay partials, my insurance company hired their own lawyers(How its supposed to work), and sued their insurance company. Went to court, we won, she ended up pocketing like 30K after hospital bills, and paid 0.00 for the lawyer as it was covered with the insurance policy. And no I did not have a special rider or anything, this is why we have to have insurance. FWIW, 3C is however one of the most expensive shops out there, so they may only be willing to pay partial of their quote, which in that case they can ask you to shop around or go to another shop. Insurance companies have their own adjusters who decide how much they should pay out. Quote Link to comment Share on other sites More sharing options...
Sapphy Posted May 23, 2013 Author Report Share Posted May 23, 2013 FWIW, 3C is however one of the most expensive shops out there, so they may only be willing to pay partial of their quote, which in that case they can ask you to shop around or go to another shop. Insurance companies have their own adjusters who decide how much they should pay out. I am told Ohio law says I can take it wherever I want. Given most the damage parts are after market, so the I know the cost, and there is not much argument there. The big issue is the damage to my aluminum alloy rim on the spare tire. I say i want it replaced since it took the blunt of the impact, and at very least inspected professionally for roundness and cracks. They say "Visually it looks fine, so we will not do anything to it.' The last was "Our claims department will be in touch" that was 3 weeks ago. Multiple emails have gone unanswered. Quote Link to comment Share on other sites More sharing options...
Bad324 Posted May 23, 2013 Report Share Posted May 23, 2013 you can take it wherever you want however it doesn't mean the other insurance company will agree to pay the whole cost. I just dealt with this for work, granted in a different manner but still same process. If you're insurance company won't do the dirty work for you I highly suggest dropping them immediately once the issue is resolved as you're getting the short end of the stick Quote Link to comment Share on other sites More sharing options...
jbot Posted May 23, 2013 Report Share Posted May 23, 2013 Who is your insurance, sapphy? I will avoid them. Quote Link to comment Share on other sites More sharing options...
Sapphy Posted May 23, 2013 Author Report Share Posted May 23, 2013 It is state farm that is jacking me around, they are not mine, they are the company of the guy that hit me. Quote Link to comment Share on other sites More sharing options...
RVTPilot Posted May 23, 2013 Report Share Posted May 23, 2013 Who is your insurance, sapphy? I will avoid them. It is state farm that is jacking me around, they are not mine, they are the company of the guy that hit me. SF may be giving you the shit treatment, but your insurance company should be fighting on your behalf. Unless you have Rockefeller kind of cash, you aren't going to be able to lawyer up and get what you want from SF, regardless of how wrong they are. Not sure what your deductible is, but it likely pales in comparison to what you will shell out in retainer fees to get your own personal battle off the ground. I would enlist the help of my ins co. were this my situation, and leverage their resources and expertise in these matters against fighting an otherwise uphill legal battle. SF is looking to right by themselves, and their insured. They could give two shits about you. Your insurance company should feel and act in kind the other direction. Quote Link to comment Share on other sites More sharing options...
Bad324 Posted May 23, 2013 Report Share Posted May 23, 2013 (edited) SF may be giving you the shit treatment, but your insurance company should be fighting on your behalf. Unless you have Rockefeller kind of cash, you aren't going to be able to lawyer up and get what you want from SF, regardless of how wrong they are. Not sure what your deductible is, but it likely pales in comparison to what you will shell out in retainer fees to get your own personal battle off the ground. I would enlist the help of my ins co. were this my situation, and leverage their resources and expertise in these matters against fighting an otherwise uphill legal battle. SF is looking to right by themselves, and their insured. They could give two shits about you. Your insurance company should feel and act in kind the other direction. what he said Edited May 23, 2013 by Bad324 Quote Link to comment Share on other sites More sharing options...
madcat6183 Posted May 23, 2013 Report Share Posted May 23, 2013 you can take it wherever you want however it doesn't mean the other insurance company will agree to pay the whole cost. I just dealt with this for work, granted in a different manner but still same process. If you're insurance company won't do the dirty work for you I highly suggest dropping them immediately once the issue is resolved as you're getting the short end of the stickYup, this. Sure you can take it anywhere, but when I was in an accident, 3C was 3X+ what every other body shop was. I was floored by their quote actually. Got the work done for 850, they wanted 3,500. Quote Link to comment Share on other sites More sharing options...
Sapphy Posted May 23, 2013 Author Report Share Posted May 23, 2013 So it is sounding like I am screwed. They get out of paying what they owe me because they are big and I am small. Some how this does not seem right. Quote Link to comment Share on other sites More sharing options...
Tomcat0403 Posted May 23, 2013 Report Share Posted May 23, 2013 Who is your insurance company? Don;t care about the other person, who is yours. Quote Link to comment Share on other sites More sharing options...
Sapphy Posted May 23, 2013 Author Report Share Posted May 23, 2013 Who is your insurance company? Don;t care about the other person, who is yours. Grange Quote Link to comment Share on other sites More sharing options...
Tomcat0403 Posted May 23, 2013 Report Share Posted May 23, 2013 If you want to get this settled, your insurance company will pay for the damages and to get your car fixed and then it will go into subregation. You will have to pay your deductible, but you are elegible to recieve it back if they get the money from state farm. This happened to my wife, car was totaled, progressive paid us for the new car (hers was less thanm a year old) and about 2 months later she got her deductible back because the other party we found responsible. If they are not willing to do that there is something wrong. Quote Link to comment Share on other sites More sharing options...
madcat6183 Posted May 23, 2013 Report Share Posted May 23, 2013 If you want to get this settled, your insurance company will pay for the damages and to get your car fixed and then it will go into subregation. You will have to pay your deductible, but you are elegible to recieve it back if they get the money from state farm. This happened to my wife, car was totaled, progressive paid us for the new car (hers was less thanm a year old) and about 2 months later she got her deductible back because the other party we found responsible. If they are not willing to do that there is something wrong.Yep, that's kinda like what mine did, they ended up having to take it to court cuz my ex's medical bills were like over 100K. I did get my deductable back, and ended up making a good amount on the accident. Granted I lost a truck I had 2 payments left on, and we both got jacked up, her way more than me, and it ruined my 4th of July and the rest of the week, but yeah, we both made money. Quote Link to comment Share on other sites More sharing options...
Scruit Posted May 24, 2013 Report Share Posted May 24, 2013 Echoing what others said... Assuming you have collision coverage, call YOUR insurance company and make a claim. They will charge you your deductible and then THEY will subrogate to (go after) State Farm for their money, and your deductible. If state farm disputes it then Grange won't *sue* state farm, they will go into arbitration. Either way, THEY do the legwork. You will get your deductible back. Paying for insurance then going it alone in a claim is like paying for a hotel room but sleeping in your car in the hotel parking lot. Quote Link to comment Share on other sites More sharing options...
Gump Posted May 25, 2013 Report Share Posted May 25, 2013 Tell YOUR insurance company to get off their Ass. Although I've been thru this before and while my insurance company was docile about the situation, I ripped the other parties carrier into oblivion and got what I wanted. Be assertive. Quote Link to comment Share on other sites More sharing options...
redkow97 Posted May 25, 2013 Report Share Posted May 25, 2013 just to clarify, your insurance company does not HAVE to pursue legal action. They can pay your claim (minus deductable) and call it a day. If you're made whole, you can't force them to sue State Farm. that said, if they do sue state farm rather than paying your claim, YOU are the client, not the insurance company. As such, YOU are the ultimate decision maker when it comes to whether or not you want to accept a settlement, or keep pursuing litigation. It's one of the few conflicts of interest that the legal system tolerates (you're in charge, but your insurance co. is footing the legal bills). That generally motivates your company to pay your claim, then sue the other insurer themselves, and avoid having you control their litigation budget. (in the latter scenario, they're attempting to recover funds they have paid you, rather than recover funds FOR you). Quote Link to comment Share on other sites More sharing options...
jporter12 Posted May 25, 2013 Report Share Posted May 25, 2013 My wife had a similar situation happen just before we got married. A self insured company vehicle rear-ended her car, it was close to a total. Working with their representation was going no where. We got her insurance company (ironically it was State Farm) involved. SF took care of fixing her car, which was done at the shop where I was working, and the shop absorbed the deductible. A month or 2 after this month long ordeal was taken care of, she got a check from SF for the amount of the deductible! The only downside to this is that we switched her to my insurance a few months later, and since she had a no-fault claim, her rates were slightly higher. Quote Link to comment Share on other sites More sharing options...
Scruit Posted May 28, 2013 Report Share Posted May 28, 2013 They bumped her rates for a no-fault accident? Quote Link to comment Share on other sites More sharing options...
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