Business History Books » Business Management Consultant » Taking Auto Insurance Companies to Court (Metlife)
Taking Auto Insurance Companies to Court (Metlife)
Question:
Recently, my 89 Audi wagon was hit by a car running a light and totaled. After,finding a witness, the other driver’s insurance Co, Metlife, accepted liability. However, the offered me less than the Kelley Bluebook retail even though the car had only 65 K and new Boge shocks. Even though I did not accept their offer, they sent me a check for the amount they wanted to settle for and did not pay my rental car insurance. I offered to split the roughly $600 difference between their offer and the Kelley Bluebook value but they refused. I am planning to take them to court for the differential amount which is roughly a $1000. I’m not sure I can even pay an Attorney for this so is taking them to small claims court a viable option? Do I take them to court in the jurisdiction where the accident occurred ( Falls Church, VA) or in the jurisdcition where I live (Fairfax County).? Has anyone else had bad experiences dealing with Metlife? Appreciate advice. (BTW, I don’t seem to be hurt even tho I hit a telephone pole head on a 30 mph or so without an airbag. Have to give it to Audi engineers for the energy absorbing front end)
Response:
i’d get an attorney’s advice. if you later develope medical problems, you can’t collect because the incident has been litigated. pat
Response:
>i’d get an attorney’s advice. >if you later develope medical problems, you can’t collect because >the incident has been litigated. >pat
Good advice, however, AFAIK, the insurance doesn’t go buy kelly book figures, they use their own book(NADA?). And it would be wise to check that book to see the figures before you go on with spending money/time for the court. – Hide quoted text — Show quoted text –
Response:
After all the lawyers are shot, I hope ins adjustors are next. When the deer hit my car I had to pay half the cost of the hood because I had been "bettered". The hood had a couple of dings from hail or hickory nuts. The hail damage is covered but that is a separate claim and another deductible. The roof is also dinged. I would never have claimed this but I just wanted my hood fixed. It took two weeks with the car sitting at the body shop waiting for all of this to be sorted out.
Response:
>I read sometime back that cashing a check does not necessarily mean that >you accept that offer. This was specificly in regard to a check that >had written on it "… and this is payment in full for (whatever >incident)." >Does anybody know whether this is true or not?
Some states have adopted rules specifying that adjusters can not make an entry on a check that implies that it is the final settlement. NY is one of them there are many others. If the adjuster in those states make an entry like that, they can be accused of unfair claims practices, something the companies want to avoid.
Response:
> > Take them to small claims court in the county where the accident occurred. > However, if you have already cashed their settlement check, you may also > have accepted their offer. > I read sometime back that cashing a check does not necessarily mean that > you accept that offer. This was specificly in regard to a check that > had written on it "… and this is payment in full for (whatever > incident)." > Does anybody know whether this is true or not?
I am not a lawyer. This is not legal advice, it’s just an opinion based on a relevant experience. Please read the above again before continuing. I once received a settlement check from Kitsap County, WA, for damage they did to my car. They agreed over the phone to reimburse me for a rental car while I was waiting for my own car to be fixed. When it came time to cut the check, they left this amount out and sent me a check for the repair alone. On the back of the check, where one endorses it for deposit, was a stamped disclaimer that said the act of endorsing the check constitutes agreement that the claim has been settled in full. I asked a lawyer of my acquaintance (this wasn’t really his field, I hasten to add) about the enforceability of such an agreement. He said he recalled it having been covered in law school, and such agreements are generally held to be binding contracts. If I signed, that would pretty much waive my right to press a further claim. That’s not the same thing as just endorsing a regular check they send you. I would think that if the text on the check would have to be quite explicit — just the words "payment in full" might be considered too vague. Anyway, faced with the prospect of suing the government in its own courts, I signed and deposited the check and wrote off the loss of the rental car. Where’s Tim McVeigh when you really need him? It’s worth noting that this is the basis for AT&T’s marketing gimmick of sending people a $100 check (or whatever), the act of endorsing which constitutes agreement to switch one’s LD service over to them. I would imagine that AT&T sought competent legal advice before implementing such a scheme. (I once got one of these checks three days before moving out of a house. Thanks for the $$$, AT&T!) — From the catapult of J.D. Baldwin |+| "If anyone disagrees with anything I _|70|___:::)=}- for PGP public |+| retract it, but also to deny under / key information. |+| oath that I ever said it." –T. Lehrer
Response:
> Take them to small claims court in the county where the accident occurred. > However, if you have already cashed their settlement check, you may also > have accepted their offer.
I read sometime back that cashing a check does not necessarily mean that you accept that offer. This was specificly in regard to a check that had written on it "… and this is payment in full for (whatever incident)." Does anybody know whether this is true or not? Jae Kim
Response:
- Hide quoted text — Show quoted text – > Recently, my 89 Audi wagon was hit by a car running a light and totaled. > After,finding a witness, the other driver’s insurance Co, Metlife, accepted > liability. However, the offered me less than the Kelley Bluebook retail > even though the car had only 65 K and new Boge shocks. Even though I did > not accept their offer, they sent me a check for the amount they wanted > to settle for and did not pay my rental car insurance. I offered to split > the roughly $600 difference between their offer and the Kelley Bluebook > value but they refused. > I am planning to take them to court for the differential amount which is > roughly a $1000. I’m not sure I can even pay an Attorney for this so is > taking them to small claims court a viable option? Do I take them to court > in the jurisdiction where the accident occurred ( Falls Church, VA) or in > the jurisdcition where I live (Fairfax County).? Has anyone else had bad > experiences dealing with Metlife? Appreciate advice. (BTW, I don’t seem > to be hurt even tho I hit a telephone pole head on a 30 mph or so without > an airbag. Have to give it to Audi engineers for the energy absorbing > front end)
I drive an 84 Audi and love it. Now lets help with your problem. This is not advice. This is what I would do if this happened to me. I would avoid the front line adjusters and present my claim to someone who cares. That being the person who hit me and the Chairman of his or her insurance company. The front line adjusters for almost every insurance company are trained to abuse our intelligence, time and money and patience. I would send a certified letter, return receipt requested, to the driver of the car that hit me and to the Chairman of his or her insurance company. Amongst a lot of other things, in this letter I would inform them all that at the time of the wreck that my Audi was NOT FOR SALE. I would make it abundantly clear that I have no intention of allowing their insured to mangle my vehicle and then insult my time, intelligence and patience by offering me 70 cents on the dollar. Their is a lot more but you get the drift. Insurance claims is a nasty business and if you don’t stand up for your rights you will be abused for not doing so. Whilst you are in this calamity, may I suggest that you make it your business to get to the public library and educate yourself on the claims process. One such book that will help you is Auto Insurance Tricks and Repair Rip -Offs. Don’t forget to make this information available to every consumer you come in contact with. It is the only way you can play the insurance game on a level playing field. — Ron Alford Crisis Management Consultant Author 3 Consumer’s books on insurance claims www.theplan.com/planpub.htm Exec. Director The Consumer’s Action Plan www.theplan.com/cap
Response:
A few years ago I was rear ended at a stop light. I had bought my car new three days earlier. Basically, the car was destroyed from the rear window back. The other person’s insurance company quickly offered to repair my car and throw in a rental while the repairs were done. I told them a new car would be the only way to make me happy. They said no way. I then told them that although I had not yet seen a doctor, the more we discussed the issue the stiffer my neck was beginning to feel. Two days later we met at the dealers and I selected another car with a similar price. I got what I wanted and they saved big bucks. That is their bottom line, saving bucks. If they think doing the right thing will save money, they will do the right thing. Thanks and good luck, Butch Davis-
Response:
– Hide quoted text — Show quoted text -> Recently, my 89 Audi wagon was hit by a car running a light and totaled. > After,finding a witness, the other driver’s insurance Co, Metlife, accepted > liability. However, the offered me less than the Kelley Bluebook retail > even though the car had only 65 K and new Boge shocks. >This is typical insurance co. behavior, not at all unusual. They may >have a different valuation source, and they may rely on the fact that >your car may not be in the fully reconditioned condition that Blue Book >retail demands. But chances are they are just low-balling you. > Even though I did > not accept their offer, they sent me a check for the amount they wanted > to settle for and did not pay my rental car insurance. >If you cashed the check, it may constitute an "accord and satisfaction" >barring you from proceeding further against them. > I offered to split > the roughly $600 difference between their offer and the Kelley Bluebook > value but they refused. > I am planning to take them to court for the differential amount which is > roughly a $1000. >You need to sue the other driver, not his insurance company. They have >a duty to defend and indemnify him, but they don’t stand in his shoes. > I’m not sure I can even pay an Attorney for this so is > taking them to small claims court a viable option? Do I take them to court > in the jurisdiction where the accident occurred ( Falls Church, VA) or in > the jurisdcition where I live (Fairfax County).? >You sue the other driver either where the accident occurred or where he >lives. The insurance co. will certainly pull it out of small claims >court (which in VA doesn’t allow lawyers) into General District Court >(the same court, but with more formal rules, although it is still >somewhat informal compared with circuit court). > Has anyone else had bad > experiences dealing with Metlife? Appreciate advice. (BTW, I don’t seem > to be hurt even tho I hit a telephone pole head on a 30 mph or so without > an airbag. Have to give it to Audi engineers for the energy absorbing > front end) >That’s great! They should be happy you’re being honest about that and >reward your honesty, rather than punishing you. If you were hurt, you >could apply some of your injury settlement to pay for the car, but >that’s not an option here. Be sure to tell the judge that you weren’t >hurt and aren’t trying to rip them off, just get fair treatment. >I’m usually not one to tell people to go it alone without counsel, but >for $1000 it’s just not worth the few hundred bucks a lawyer would have >to charge. If I can help with quick answers on the phone or e-mail, >feel free to ask. >Dan Press >Chung & Press, P.C. >McLean, VA >703-734-3800
Good advice. My experience has been that once the check is cashed, the claim is settled and closed….End of story.
Response:
Take them to small claims court in the county where the accident occurred. However, if you have already cashed their settlement check, you may also have accepted their offer. Bruce Swicker New York, NY http://www.swicker.com – Hide quoted text — Show quoted text ->I am planning to take them to court for the differential amount which is >roughly a $1000. I’m not sure I can even pay an Attorney for this so is >taking them to small claims court a viable option? Do I take them to court >in the jurisdiction where the accident occurred ( Falls Church, VA) or in >the jurisdcition where I live (Fairfax County).?
Response:
> Recently, my 89 Audi wagon was hit by a car running a light and totaled. > After,finding a witness, the other driver’s insurance Co, Metlife, accepted > liability. However, the offered me less than the Kelley Bluebook retail > even though the car had only 65 K and new Boge shocks.
This is typical insurance co. behavior, not at all unusual. They may have a different valuation source, and they may rely on the fact that your car may not be in the fully reconditioned condition that Blue Book retail demands. But chances are they are just low-balling you. > Even though I did > not accept their offer, they sent me a check for the amount they wanted > to settle for and did not pay my rental car insurance.
If you cashed the check, it may constitute an "accord and satisfaction" barring you from proceeding further against them. > I offered to split > the roughly $600 difference between their offer and the Kelley Bluebook > value but they refused. > I am planning to take them to court for the differential amount which is > roughly a $1000.
You need to sue the other driver, not his insurance company. They have a duty to defend and indemnify him, but they don’t stand in his shoes. > I’m not sure I can even pay an Attorney for this so is > taking them to small claims court a viable option? Do I take them to court > in the jurisdiction where the accident occurred ( Falls Church, VA) or in > the jurisdcition where I live (Fairfax County).?
You sue the other driver either where the accident occurred or where he lives. The insurance co. will certainly pull it out of small claims court (which in VA doesn’t allow lawyers) into General District Court (the same court, but with more formal rules, although it is still somewhat informal compared with circuit court). > Has anyone else had bad > experiences dealing with Metlife? Appreciate advice. (BTW, I don’t seem > to be hurt even tho I hit a telephone pole head on a 30 mph or so without > an airbag. Have to give it to Audi engineers for the energy absorbing > front end)
That’s great! They should be happy you’re being honest about that and reward your honesty, rather than punishing you. If you were hurt, you could apply some of your injury settlement to pay for the car, but that’s not an option here. Be sure to tell the judge that you weren’t hurt and aren’t trying to rip them off, just get fair treatment. I’m usually not one to tell people to go it alone without counsel, but for $1000 it’s just not worth the few hundred bucks a lawyer would have to charge. If I can help with quick answers on the phone or e-mail, feel free to ask. Dan Press Chung & Press, P.C. McLean, VA 703-734-3800
Response:
Welcome to the real world. Going to court is probably a waste of time and resources for such a small claim. Lost time from work alone will cost you a days pay. The insurance companies know this and are betting on you to settle for a low amount. Don’t cash the check and tell the adjuster you refuse to settle the claim. Keep in mind that it doesn’t matter if your shocks are an expensive brand, they have no obligation to pay for anything more than original equipment. Since they are willing to pay you something means that they accept responsibly for the accident. Since you were involved in a collision that has a high potential for bodily injury I would recommend that you get checked out by your doctor. Keep in mind that you may have injuries that can lead to further problems later on in life. You will find that they will be more responsive to you if you are injured in the slightest. They realize that many doctors visits and physical therapy will cost them more than the $1000 dollars you asked for. My recommendation would be to get checked out by a doctor, inform the insurance company that you will be sending them the bill for the visit and to contact your doctor for further details, answer no more questions about your physical condition. Then tell them that you will be securing an attorney to help you understand your rights better, and leave it at that. Be patient and in a couple of weeks you will be getting the difference that you ask for. It’s a shame you have to go through all this crap to be compensated fairly for your loss. Just be honest and patient with these parasites and it will work out for you. — The Hound – Hide quoted text — Show quoted text -> Recently, my 89 Audi wagon was hit by a car running a light and totaled. > After,finding a witness, the other driver’s insurance Co, Metlife, accepted > liability. However, the offered me less than the Kelley Bluebook retail > even though the car had only 65 K and new Boge shocks. Even though I did > not accept their offer, they sent me a check for the amount they wanted > to settle for and did not pay my rental car insurance. I offered to split > the roughly $600 difference between their offer and the Kelley Bluebook > value but they refused. > I am planning to take them to court for the differential amount which is > roughly a $1000. I’m not sure I can even pay an Attorney for this so is > taking them to small claims court a viable option? Do I take them to court > in the jurisdiction where the accident occurred ( Falls Church, VA) or in > the jurisdcition where I live (Fairfax County).? Has anyone else had bad > experiences dealing with Metlife? Appreciate advice. (BTW, I don’t seem > to be hurt even tho I hit a telephone pole head on a 30 mph or so without > an airbag. Have to give it to Audi engineers for the energy absorbing > front end)
Response:
Recently, my 89 Audi wagon was hit by a car running a light and totaled. After,finding a witness, the other driver’s insurance Co, Metlife, accepted liability. However, the offered me less than the Kelley Bluebook retail even though the car had only 65 K and new Boge shocks. Even though I did not accept their offer, they sent me a check for the amount they wanted to settle for and did not pay my rental car insurance. I offered to split the roughly $600 difference between their offer and the Kelley Bluebook value but they refused. I am planning to take them to court for the differential amount which is roughly a $1000. I’m not sure I can even pay an Attorney for this so is taking them to small claims court a viable option? Do I take them to court in the jurisdiction where the accident occurred ( Falls Church, VA) or in the jurisdcition where I live (Fairfax County).? Has anyone else had bad experiences dealing with Metlife? Appreciate advice. (BTW, I don’t seem to be hurt even tho I hit a telephone pole head on a 30 mph or so without an airbag. Have to give it to Audi engineers for the energy absorbing front end)