On October 6 at 5 pm, a drunk driver crashed into my car, spinning it almost 180 degrees. My car hit my mom’s car, which then hit my sister’s car. The drunk driver also damaged the back of my sister’s car. My car is completely wrecked from the back. My mom’s car only has a big dent, but the impact pushed it into our gas pipe, causing a leak. We had to evacuate for 1.5 days while the city fixed the issue. Even after that, we didn’t have gas or hot water for five days.
We’ve been trying to deal with the drunk driver’s insurance company. Their agent, who I’ll call Steve, hasn’t been returning our calls or emails. On November 4, they gave us a settlement offer: $9.4k if we keep the cars or $12.2k if we surrender them. My sister’s and my cars aren’t even drivable, and this amount isn’t enough to replace even one car.
My dad and brother want to close the case and take the money, saying if we wait too long, we might lose it all. I feel we should keep trying to negotiate. As of today (November 26), I’ve been told to call Steve’s office again, and if he doesn’t respond within 24 hours, they’ll escalate it to a supervisor.
We’ve spoken to 20 lawyers, but no one wants the case since there are no personal injuries involved. My sister and I are borrowing cars from relatives while trying to figure this out. I’m overwhelmed and unsure what to do. Any advice or suggestions would be appreciated.
This sounds like a policy limits issue. The drunk driver’s insurance has a maximum amount they can pay out based on their policy. For example, if their policy has $50k in liability coverage, that amount has to be divided among all the damages: your cars, the gas pipe, etc. Since there isn’t enough money to cover everything fully, you’re only getting a portion.
The insurance company can’t pay more than the policy limit, even if a lawyer got involved. Your best options are filing claims with your own insurance (if you have the right coverage) or suing the driver personally, though they likely don’t have the money to cover the rest.
@Hayden
This is spot on. If you have underinsured motorist coverage or collision on your policy, file claims through your own insurance. If you only have liability, suing the driver might be your only option, but they probably don’t have the money to pay.
Hayden said: @Vesper
Exactly. Also, not every state offers underinsured motorist coverage for property damage, so collision is more widely available.
This is why having collision and comprehensive coverage is important. It’s expensive, but it protects you in cases like this. And if you can afford it, consider an umbrella policy for additional protection.
@Hayden
It sounds like the drunk driver had minimal coverage, likely due to affordability. If you have collision or underinsured motorist coverage, file claims with your own insurance. Let them handle it from there.
Did the insurance company provide a valuation report? They usually calculate the payout based on the actual cash value (ACV) of your cars. If they missed any features or upgrades (like your new engine), you might have a case for a higher settlement. Emails are often more effective than phone calls for reaching adjusters, so try emailing Steve directly for the report.
@Joss
Yes, we received the valuation through email. It lists the ACV, tax, and title as part of the settlement. My car has a new engine with only 15k miles, and we’re trying to negotiate based on that.
@Corey
Was the engine factored into the valuation? If not, make sure to bring it up with the adjuster. Keep emailing and calling until you get a response.
Joss said: @Corey
Was the engine factored into the valuation? If not, make sure to bring it up with the adjuster. Keep emailing and calling until you get a response.
That’s what we’re trying to find out. I’ll call Steve’s office today and follow up about whether the engine was included in the valuation.