Model 3 rear-ended 1 day from 1 year old... still unresolved 4 week mark

[SabrToothSqrl]

When our Prius was totaled the insurance company included sales tax in the settlement. It is part of the replacement cost.

Good to know!

 

[SabrToothSqrl]

6 week mark today. Magically the car is now a "total loss" after getting the lawyer involved.
Only took a few days to make that happen.
Lesson Learned. Get a lawyer involved Day 1. No one is in your corner except for you.

Now insurance company says rental coverage is running out... so another call to the lawyer, as none of this was our/her fault. She even has to get to physical therapy for back pain now multiple times a week. Is she supposed to walk?!

Now we get to fight over the value of the car as of 1 day prior to crash. Vs. fighting over diminished value 6 months from now.

#GoodTimes

 

[OCR1]

6 week mark today. Magically the car is now a "total loss" after getting the lawyer involved.
Only took a few days to make that happen.
Lesson Learned. Get a lawyer involved Day 1. No one is in your corner except for you.

Now insurance company says rental coverage is running out... so another call to the lawyer, as none of this was our/her fault. She even has to get to physical therapy for back pain now multiple times a week. Is she supposed to walk?!

Now we get to fight over the value of the car as of 1 day prior to crash. Vs. fighting over diminished value 6 months from now.

#GoodTimes

Glad to hear! Now you can order a new car and still get the $3,750 tax credit.

Regarding rental car coverage, your insurance company has a contractual obligation to provide you for X days of coverage based on whatever your policy allows for. However, the drive who hit you and caused this situation has to make you whole for all your losses, including any rental car expenses beyond what your insurance company provides for. The problem is your insurance company will likely not fight for coverage beyond what they are obligated to provide for you. Your attorney can make the demand to the other insurance company that they reimburse you for all rental car expenses. Your insurance company will subrogate against the other company for their losses anyway, but the other company can reimburse you directly for expenses above and beyond your policy limits.

 

[trm2]

Glad to hear! Now you can order a new car and still get the $3,750 tax credit.

Regarding rental car coverage, your insurance company has a contractual obligation to provide you for X days of coverage based on whatever your policy allows for. However, the drive who hit you and caused this situation has to make you whole for all your losses, including any rental car expenses beyond what your insurance company provides for. The problem is your insurance company will likely not fight for coverage beyond what they are obligated to provide for you. Your attorney can make the demand to the other insurance company that they reimburse you for all rental car expenses. Your insurance company will subrogate against the other company for their losses anyway, but the other company can reimburse you directly for expenses above and beyond your policy limits.

The at-fault party had state minimum coverage. Sabr's insurance company won't be able to subrogate against the other company as they will just pay the limit and be done with it, which is all they are required to do. Further, Sabr's insurance company likely won't go after the other driver, probably isn't worth their time to try to recover nothing.

 

[SabrToothSqrl]

Understood, thank you for clarifying. It's just such a hassle it's unbelievable. You do nothing wrong and your whole life turns upside down...

 

[OCR1]

The at-fault party had state minimum coverage. Sabr's insurance company won't be able to subrogate against the other company as they will just pay the limit and be done with it, which is all they are required to do. Further, Sabr's insurance company likely won't go after the other driver, probably isn't worth their time to try to recover nothing.

When our Prius was totaled it was by an indigent college student with minimum insurance coverage. Her insurance company still covered all of our expenses including lost wages and pain and suffering. But we had to negotiate the settlement directly with their insurance company. Our company only paid for covered expenses, which were limited to the value of the car and 30 days rental coverage.

 

[TSLA Pilot]

This is why one should also buy replacement car insurance--it costs little extra but it puts you into a new car a little easier, AFAIK.

 

[SabrToothSqrl]

I checked - my company does not offer new car replacement option. I would if I could. I'm hoping the Tesla insurance proves attractive, but I will be looking at options soon.