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Anonymous
Anonymous asked in Cars & TransportationInsurance & Registration · 1 decade ago

Car/Semi accident while in Florida, I am an Ohio resident and the driver was from Georgia-no injury?

While driving down I-75 in the right lane because we were getting off at the next exit the Semi hit our driver side back end and we spun in front of him and three lanes of oncoming traffic ( seeing headlights as we spun), we spun a total of three times and the only reason we stopped is because we hit the median. I hit my head on the window and we had no other injuries. When the Police arrived they wanted to know if we wanted an ambulance and I said yes. Come to find out we had no way back to our motel if we went to the ER, so we declined. The insurance company only offered 3,500 both times we spoke and won't budge. I told them that almost dying isn't worth 3,500-it should be more.

We were in Florida to rent out my house and visit my daughter, instead the insurance company totaled the car, cut off the rental car when totaled and we spent the whole time looking for a vehicle to get home in. I never got to rent my house out, after looking for a week we bought a vehicle that we thought would get us home, instead we incurred expenses for parts and broke down on the way. The next day was Easter Sunday and we needed to tow the vehicle back to where my house was and couldn't get the car to restart, so we had nothing to drive home in. I begged with my insurance company and the other and finally the other said ok-if it is part of your deductible-I agreed. In turn I missed one days pay at work, 6 months of rental income, and misc. expenses. Should I get a Lawyer or beg for the loss of rent and 3,500?

Update:

One of the purposes of the trip was to get the house rented and could not. We were able to get back in September and rent the house out, so therefore 6 months of rental loss. I didn't choose to spend a week looking for a vehicle, the private and dealer sold cars were not worth the money they wanted and air fare was too high. After spending a week-I finally had to settle on something we thought that would make it back home. Had they not cut my rental car off as soon as they totaled the car, I wouldn't of had to do any of this.

5 Answers

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  • 1 decade ago
    Favorite Answer

    Yes going in a proper manner you can hire a lawyer so that it may properly deal with the car rental company with all the legalities clear. But you have top keep in mind that the car rental company would certainly withdraw its offer as soon as you hire a lawyer. So keep in mind you will stuck in all the this without anything on offer. Only go for it if you think it is worth taking trouble for.

  • Boots
    Lv 7
    1 decade ago

    You don't get paid for "almost" dying. Had you died - they would have owed for that. "almost" dying is not the same thing as actually dying. You don't get paid for what "almost" happened. You don't get paid for what "could have" happened - only what did.

    "almost" is just another way of saying it did not happen. The good news....You did not die!

    They also don't owe you for lost rent. You were the one who decided how to allocate your time. It's not the insurance company/truck companies fault you are poor at time management. You're the one that took a week to buy a car. Additionally, there are a lot of empty houses in Florida. The market is flooded with them. And many of them are for rent. No guarantee you would have rented out your house. If you want to get the house rented - turn it over to a property management company or list it with a realtor for rent.

    If you lost rent because you could not meet for an appointment because you did not have a car- you take a taxi to the appointment and seek reimbursement for the taxi expense.

    They don't owe you anything for the new car breaking down. Again, your choice to purchase that car. The insurance company/truck driver don't owe anything because you had mechanical problems on the way home.

    As far as the rental goes - they don't owe you a rental until you buy a new car. Once the insurance company extends a fair offer their obligation to provide a rental car ends. Some companies will give a day or two past the day of the offer but if they want to take you out of the car the day they make the offer- they can do that.

    You're mad and frustrated. I'm not going to tell you that you don't have the right to be. Those are legitimate feelings. However, your anger and frustration do not mean you get paid more money.

    From what you've listed - you have no medical bills. You have 1 day missed work. $3500 is a fair offer for that.

    You can hire a lawyer, but a lawyer won't change the facts and an insurance adjuster is not afraid of an attorney (despite what the tv commercials say).

    Begging does nothing. No matter if you or the lawyer does it.

    You can ask about the lost rent - but expect to be told no. From what you've posted, you don't have any thing to support your assertion that this accident caused you to lose any rent.

  • lucy
    Lv 7
    1 decade ago

    MSAD is right on the money.

    It does not matter if the accident occurred in Florida, Georgia or Ohio, the end results are the same.

    The semi drivers insurance owes to the damages to the car in this accident and for your injuries period. The new car you bought, it breaking down, the lost rental income and other expenses have nothing to do with your accident and they do not owe period.

    The reason that they stopped the rental when your car was totaled and offer to settle is that if not, you would be looking for another car for months, since if they are paying for rental, there is no "incentive" to find another car. Most companies will warn you in advance that when they settle they will cut off the rental to encourage you to start looking asap.

    And the reasons given on your loss of income are pretty much spelled out by MSAD, so in no way would they owe for this. My guess is that even if you have not had this accident that you would still not be renting your house due to high foreclosures in Florida, like everyone else.

    It appears that you did not have any medical treatment and only hit your head so they have made an offer to settle with you. I have worked in 5 companies handling auto insurance claims and the $3,500 they offered is HIGH vs what most companies would have offered. If indeed you had no treatment, most likely the most they would have offered is $1000.

    Get a lawyer if you like, but if no medical treatment, most likely a good lawyer will turn it down since even if they get a "little bit more", the end result will be that you will get a check for less, since they will take 1/3. But most companies could stand on this offer and refuse to budge with or w/out a lawyer and I have worked for them.

    You have had a lot of bad luck that has come about AFTER this accident and not the cause of this accident, so unfortunately based on what you have stated, they are paying what they owe.

  • 1 decade ago

    So you are telling us, in way too many words and too much detail that the insurance has offered to settle with you, and you feel you deserve more. Yes, you can certainly get an attorney to represent you, you may get more, or not. Regardless, the minute you do put an attorney on the case, the insurance will withdraw their offer and your attorney will spend time talking to their attorneys, and it now could be years before you see any settlement.

    Every insurance company only offers a rental until they have settled with you regarding the loss of your vehicle, so I don't understand why you mention they stopped the rental. Did you expect them to keep you in a car longer? Why? Also, they aren't responsible if you buy a car needing repairs and you miss work because of it. And your not getting your house rented surely has nothing to do with insurance.

    Bottom line, you have the right and ability to hire an attorney and spend more money on this situation, but I doubt you will prevail for the reasons I've given above. Ultimately of course, your choice.

    Good luck.

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  • 1 decade ago

    Why are you now wondering if it happened back in Easter??

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