Anyone familiar w/ laws regarding auto accidents in KY?

[JD7.62]

Early last Tuesday morning my wife was in a wreck. The 16year old driver was at at fault, and admitted it, and totaled my wifes car. Heres the problem, its been over a week now since we filed the claim at about 9AM that morning. We didnt get a rental until the following Friday and their insurance has YET to send out an adjustor to look at or car.

There is more, we had been planning to take my wifes car to Birmingham from Wed-Sunday for the holiday but the rental company and insurance company has said so far we are only approved for the rental until next Friday!

Still more, my wifes car was an 01 ford focus that ran great and was reliable, problem is, it has a rebuilt title. The value of an 01 Focus with a clean title isnt much, and with a rebuilt title, well you know... Im afraid their insurance company is going to cut us a check so small that it wont be enough to get a car as reliable as her old one. Its very important for us to have a reliable car as we have a 21mo old baby girl.

So my questions are:

1. Is there a legal time limit the insurace company has to abide by to get the ball rolling on this?

2. Is there a legal limit to how long we can have the rental? What about after they cut the check? Its not like we can get the check and buy a car the same day.

3. Is there anything we can do to get the most money possible to buy a new car? We are not greedy people and dont need a better car, we just need a car that is just as reliable. Its not fair that we have to settle for less because some one else destroyed our car and we simply can not afford any payments for anything more expensive then the check they give us. My wife is a full time nursing student so we are living on just my income and trust me it aint much!

Thanks in advanced for any help/advice!

[Col Forbin]

Early last Tuesday morning my wife was in a wreck. The 16year old driver was at at fault, and admitted it, and totaled my wifes car. Heres the problem, its been over a week now since we filed the claim at about 9AM that morning. We didnt get a rental until the following Friday and their insurance has YET to send out an adjustor to look at or car.

There is more, we had been planning to take my wifes car to Birmingham from Wed-Sunday for the holiday but the rental company and insurance company has said so far we are only approved for the rental until next Friday!

Still more, my wifes car was an 01 ford focus that ran great and was reliable, problem is, it has a rebuilt title. The value of an 01 Focus with a clean title isnt much, and with a rebuilt title, well you know... Im afraid their insurance company is going to cut us a check so small that it wont be enough to get a car as reliable as her old one. Its very important for us to have a reliable car as we have a 21mo old baby girl.

So my questions are:

1. Is there a legal time limit the insurace company has to abide by to get the ball rolling on this?

2. Is there a legal limit to how long we can have the rental? What about after they cut the check? Its not like we can get the check and buy a car the same day.

3. Is there anything we can do to get the most money possible to buy a new car? We are not greedy people and dont need a better car, we just need a car that is just as reliable. Its not fair that we have to settle for less because some one else destroyed our car and we simply can not afford any payments for anything more expensive then the check they give us. My wife is a full time nursing student so we are living on just my income and trust me it aint much!

Thanks in advanced for any help/advice!

I am not too sure about the limits of insurance, but I do know the Kentucky Insurance Commissioner really helped me out with a homeowners claim, and they help with auto claims as well. It is a free service, and they can tell you everything you need to know, and the best way to go about a quick resolution. Also, if it gets to the point of their insurance provider not going by the book - the insurance commissioner will step in and straighten it out. Do a google search for Kentucky Insurance Commissioner.

I can say, they will probably get you in repayment - they will only pay what your car is worth in terms of resale/bluebook, and probably not pay 100% of that once they figure in the true depreciated value, especially with a rebuild/salvage title. They never pay what it is actually worth to the person.

Also, remember that it is the insurance adjuster/companies job to pay out as little as possible, and what the offer you, is just that an "offer", you can negotiate.

[mhall]

Good stuff Kevin I to will remember this, could come in very handy someday.

[JD7.62]

I appreciate it Col, i will look into it more. Im just bummed out thinking that we may have to settle for less because of some one elses mistake. Thankfully no one was injured.

[Grumpy]

JD, beside the good advice Col Forbin gave you, be sure to contact your own insurance company (if you haven't already). They can usually help to get the ball rolling in your favor.

Grumpy

[BigPoppy]

The right advice was just given to you go see your agent they can sometimes get things done and paid for and then they will contact the other company and recover the cost, as far as the rental car I had one for more than a month after being T boned, never sign a check from the other persons company, the letter will say this is your first payment we will follow up soon and make sure everything is complete! Then right under the endorsment line on the check in very small letters that nearly match the color of the check that says by cashing this instrument you agree to the settlement you have just recieved and release our firm and client from further action.

[JD7.62]

The right advice was just given to you go see your agent they can sometimes get things done and paid for and then they will contact the other company and recover the cost, as far as the rental car I had one for more than a month after being T boned, never sign a check from the other persons company, the letter will say this is your first payment we will follow up soon and make sure everything is complete! Then right under the endorsment line on the check in very small letters that nearly match the color of the check that says by cashing this instrument you agree to the settlement you have just recieved and release our firm and client from further action.

My wife has liability only so our insurance co said they couldnt even talk to the other insurance company.

Last Friday they FINALLY sent out an adjustor who said it was a total loss and now they have to send the claim to their total loss department. We are thinking about getting a lawyer especially if the check isnt enough. I had to take some time off work to handle it and I think Im due some compensation. Right?

To top it all off we may have to lawyer up in regards to our apartment. We moved in last September and it took a month or so for the carpet cleaning chemicals to air out. Once it did our entire apartment has been smelling like smoke and we can tell in an instant when ever the people below us like up a cigarette. After awhile we thought the smoke smell went away, but over the weekend when we unpacked our luggage at my dads house, all of our clothes and even our 21mo old daughters closed smelled like a **** bar! We are beyond pissed and I guess we got so use to it we didnt smell it anymore until we got down there and away from it. Come to think of it the three of us have had some respiratory/sinus problems since weve been there. It completely disgusts me!!!

[bassin_bug]

My wife has liability only so our insurance co said they couldnt even talk to the other insurance company.

Last Friday they FINALLY sent out an adjustor who said it was a total loss and now they have to send the claim to their total loss department. We are thinking about getting a lawyer especially if the check isnt enough. I had to take some time off work to handle it and I think Im due some compensation. Right?

To top it all off we may have to lawyer up in regards to our apartment. We moved in last September and it took a month or so for the carpet cleaning chemicals to air out. Once it did our entire apartment has been smelling like smoke and we can tell in an instant when ever the people below us like up a cigarette. After awhile we thought the smoke smell went away, but over the weekend when we unpacked our luggage at my dads house, all of our clothes and even our 21mo old daughters closed smelled like a **** bar! We are beyond pissed and I guess we got so use to it we didnt smell it anymore until we got down there and away from it. Come to think of it the three of us have had some respiratory/sinus problems since weve been there. It completely disgusts me!!!

~~~~~~~~~

I don't live in KY and you may not want to read my opinion but I do want to tell you that in every state that I know of, you have the right to be "made whole," meaning that you shouldn't have to suffer loss for an accident you didn't cause. Insurance companies are looking out for their own interest and will toss you back and forth until you go nuts. They may try to push you beyond the statute of limitations before they pay so you can't go after all the money you are due. If it were me, I would ask for an EXACT amount that the insurance was going to pay, the aduster already knows, and if it wasn't all I was due, I would go after the OWNER of the vehicle that caused the collision. They are responsible for what happens with their vehicle whether they are driving or not. I was involved in an accident and the other insurance company called and said they would only pay $10k on my accident because that was all the driver was insured for; my ER bill alone was $17k and I was looking at a long recovery period, plus the loss of a new car. I discovered they lied so I refused the money, hired a lawyer and sued for everything the other driver owned. When someone tells you that you can't get blood out of a turnip, tell them that's okay you'll just take the turnip; then go hire the meanest attorney you can find.

As for the problem with cigarette smoke seeping into your apartment, your landlord is obligated to provide you with a healthy living environment. Second-hand cigarette smoke is a health hazard and I think you should have a reasonable discussion with your landlord over the matter. My sister-in-law had that problem and when the landlord investigated, he found that it was marijuana smoke seeping through the walls into her apartment and evicted the tenants.

I'm sorry you're having so many problems but, take it one SURE step at a time and you'll walk out on top of them all. Hope your day is a happy one.

[JD7.62]

~~~~~~~~~

I don't live in KY and you may not want to read my opinion but I do want to tell you that in every state that I know of, you have the right to be "made whole," meaning that you shouldn't have to suffer loss for an accident you didn't cause. Insurance companies are looking out for their own interest and will toss you back and forth until you go nuts. They may try to push you beyond the statute of limitations before they pay so you can't go after all the money you are due. If it were me, I would ask for an EXACT amount that the insurance was going to pay, the aduster already knows, and if it wasn't all I was due, I would go after the OWNER of the vehicle that caused the collision. They are responsible for what happens with their vehicle whether they are driving or not. I was involved in an accident and the other insurance company called and said they would only pay $10k on my accident because that was all the driver was insured for; my ER bill alone was $17k and I was looking at a long recovery period, plus the loss of a new car. I discovered they lied so I refused the money, hired a lawyer and sued for everything the other driver owned. When someone tells you that you can't get blood out of a turnip, tell them that's okay you'll just take the turnip; then go hire the meanest attorney you can find.

As for the problem with cigarette smoke seeping into your apartment, your landlord is obligated to provide you with a healthy living environment. Second-hand cigarette smoke is a health hazard and I think you should have a reasonable discussion with your landlord over the matter. My sister-in-law had that problem and when the landlord investigated, he found that it was marijuana smoke seeping through the walls into her apartment and evicted the tenants.

I'm sorry you're having so many problems but, take it one SURE step at a time and you'll walk out on top of them all. Hope your day is a happy one.

Thank you and everyone else for the support. If we dont hear anyhting by EOB today we will get on the phone.

To top it all off my wife just called all upset. The daycare center wants to be paid for Friday and Thursday (Thanksgiving) of last week even though they were closed and our daughter wasnt there! What the heck?! we wrote them a check for Mon-Wed and they freaking want more. Thats just absurd. I can understand us having to pay when our daughter isnt there on our terms but when the center itself is closed they want payment? Yeah right!

I cant believe all this is happening at once. My wife and I are both young, 23 and 21, she is a full time nursing student (will graduate with her LPN at the end of the month and RN next year thank goodnes!!) and works about 20hrs a week and I work fulltime. We arent asking for anything extra at all, but when youre barely scrapping by and relying on no one but yourself and not asking or getting assistance from anyone it just ***** a big fat one when it seems as if everyone is screwing you around. We dont mind being poor right now, we dont mind owning up to our responsibilities, but damnit we do mind when we are put out so much much and its not our fault.

Well what do you know...as I was typing this the owner/manager of the apartment complex called me. She really seemed concern about the situation and offered immediate action. She even said if the problem cant be resolved, she would pay to have some one move us into another unit. I'm actually really happy now and glad she cared so much and offered so much. Whoo hoo, one issue down (almost) and two more to go!

[DJD]

Thank you and everyone else for the support. If we dont hear anyhting by EOB today we will get on the phone.

To top it all off my wife just called all upset. The daycare center wants to be paid for Friday and Thursday (Thanksgiving) of last week even though they were closed and our daughter wasnt there! What the heck?! we wrote them a check for Mon-Wed and they freaking want more. Thats just absurd. I can understand us having to pay when our daughter isnt there on our terms but when the center itself is closed they want payment? Yeah right!

I cant believe all this is happening at once. My wife and I are both young, 23 and 21, she is a full time nursing student (will graduate with her LPN at the end of the month and RN next year thank goodnes!!) and works about 20hrs a week and I work fulltime. We arent asking for anything extra at all, but when youre barely scrapping by and relying on no one but yourself and not asking or getting assistance from anyone it just ***** a big fat one when it seems as if everyone is screwing you around. We dont mind being poor right now, we dont mind owning up to our responsibilities, but damnit we do mind when we are put out so much much and its not our fault.

Well what do you know...as I was typing this the owner/manager of the apartment complex called me. She really seemed concern about the situation and offered immediate action. She even said if the problem cant be resolved, she would pay to have some one move us into another unit. I'm actually really happy now and glad she cared so much and offered so much. Whoo hoo, one issue down (almost) and two more to go!

I bet when she heard of a baby being involved she understood the serious nature of the complaint and the potential problems they might have in an unsafe living environment that they are charging tenants for. Heck, maybe they are great at managing their facility either way sounds like it's gonna work out.

Man I feel for you guys, sometimes things do get "unfair" but we all go through it. It's just training for when things get really tough!! Good luck to ya.

[JD7.62]

Ok, well yesterday we got two forms in the mail from their insurance company. One is an odometer verification form and the other is a power of attorney form. The odometer verification form is simple. However, I called the guy that is handling the claim and told him I wasnt signing until we get a written offer. He emailed me the total loss report but at the end of it it says "all offers are subject to mileage verification and adjustments will be made accordingly." Im afraid once we send in the odometer verification form, "adjustments will be made accordingly" and we will end up less then what I'm being offered here. But really he didnt send me an offer, he just sent me a total loss form telling me how much my car is worth.

Secondly he wants us to take back the rental tomorrow because "we are refusing to sign" the power of attorney form. WTF? He said he would re-evaluate the rental once we sign and they get the form and that we would have three days after the receipt of funds to buy a car. I asked for an extension on that too because Im not rushing out and buying a car in three days and on top of that we are busy during usual dealership hours.

I have contacted a few attorneys but my mom said dont as the value of our car is only $4500 and she says we will get less after paying attorney fees and what not. Is that true?

Plus I would like compensation for the day I had to miss from work, the day my wife had to miss for school (we pay $24K a year for her school!), the two days we went with out a rental, and my wifes arm still hurts (she cant exercise like do a pushup or even pick up our 21mo old daughter with that arm).

Anyhow I know this isnt a legal board but hey I can still rant and keep a tip or two here and there right?

[Tim_T]

Jd...we went through this back in 03 when my wife was t-boned by a guy running a red light. You need an attorney. Now understand that he is going to take some of your settlement money, but you will still come out better than if you just deal with this yourself. If nothing else, at least talk to an attorney and he can advise you what to do next and they usually won't charge for a consultation.

Good luck and hang in there. I know what you are going through with trying to make ends meet. My wife went and got her RN while we were raising two young kids and we struggled for quite sometime but there is a definite light at the end of the tunnel.