[Mr. Ali]

Origonal thread here

Cliff notes at the bottom for people with ADD

Just to let everyone know, I understand I’m fucked but I want to just share this experience.

I was in a car accident on October 15th 2005. It was finally determined early November that it wasn’t my fault (it was obvious) and ever since then I have been waiting for my $1000 deductible back from my insurance company because I filled the claim with them in the beginning. Since then I lowered my obscene deductible to $500 but that’s beside the point. On top of my $1000 deductible I claimed $132 for out of pocket expenses for the accident I had. I accumulated this $132 by having my rental car a little longer then the 20days my insurance allotted me because they took such a god damn long time totaling out my car and getting me some money. In the end I went over by 6days on my rental car and I got the money from my insurance AFTER I bought my new car and I had to unwillingly borrow money from my mom to cover the deductible. Skip forward to 2 weeks ago when I get a call from the other guys insurance saying that they are going to give me $100 instead of the $132 I claimed for out of pocket expenses and I didn’t contest because I'm just glad to get any money back from keeping the rental car longer then I should have. Now I am waiting to get $1000 deductible + $100 from out of pocket expense. Before I could get the $100 from the other guys insurance I had to sign a release. This is a document that basically states that I release the person who hit my car, his mom, their insurance and anyone so they I can no longer claim any more money from any of them because of this accident. I signed it and sent it off last week because I was fine with the $100 and I wouldn’t be suing them for anything because I didn’t get hurt and I was just waiting for my deductible that my insurance just has to send me. Skip forward again to today, about 1hour ago. I call up my insurance lady who I have been calling for two weeks with no answer, leaving a few messages about when I am going to get my deductible. I finally found out who her manager is and called him. He told me they are just waiting for the check from the other guys insuarnce and then they will send me my deductable check. Before we got off the phone he said, "oh, just so you know..." and then he explained to me because the total cost from the accident on my end was $13,000 and that the driver was only insured up to $10,000 I will not be getting my deductible back in full. Because my insurance got 77% of the total bill, I will only get 77% of my deductible, which would be $770 instead of my full $1,000. Then my insurance said usually in this case we go after the driver and have them pay up but because the driver is a high school kid and the mom is a single parent and they are broke ass poor and because it is only $3000 they will not go after them, wtf? He also said that somewhere in my insurance book it explains this whole situation that because my insurance didn’t get paid in full, they don’t have to pay my deductible in full. And because I signed off on a release I can’t take the driver/mom to small claims court to get my $230. Rape.

Fuck me. I should go and plane their home.

Cliff notes:

Got in a car accident
Not my fault
Got screwed out of $230
Sign away my right to go after that $230
Insurance companies suck a mean dick
Rape

[Da Lucky 1]

thats a load of shit.

[Cr@cKpiPe tE@sEr noOb!]

did u have to sign that release, or was it just suggested?

[Mr. Ali]

Originally Posted by Cr@cKpiPe tE@sEr noOb!

did u have to sign that release, or was it just suggested?

I donno, the guy made it sound like I had to sign it to get the $100, so I did.

EDIT:

I still want to go to small claims court, sounds kinda fun. I would always send a letter to the guy that hit me saying that they could just pay me $230 and I wont take them to small claims court or something. But I know they would just shrugg it off because they probably know I signed that one document.

[ninefivezero]

This is why it is always good to have a lawyer. Not that $230 is big money, but these kind of things can get pretty complicated, and the average guy can have a hard time understanding.

I keep my lawyers card in my wallet

[ivanolo]

Bomb their offices! :P

[Mr. Ali]

Originally Posted by ivanolo

Bomb their offices! :P

this man knows his shit.

[superman]

yeah lawyers come in handy

[Mr. Ali]

haha, i just told my sister this and she was like, well if they are poor, thats ok.
wtf? fuck that, take their house away or something. gimme my monies!

[Cr@cKpiPe tE@sEr noOb!]

ya, fuck that. Just cuz ur poor doesnt mean u cant be responsible.

[MSP]

Never sign ANYTHING until you have your money. They will pressure and lie to you, but signing those mystery documents under duress is always a bad idea.

[Mr. Ali]

Originally Posted by MSP

Never sign ANYTHING until you have your money. They will pressure and lie to you, but signing those mystery documents under duress is always a bad idea.

well, i just remembered the guy said that once i sign the release they will give insurance the $10,000 and send me the $100.

[Pope John]

weren't the kids drunk?

I'd fuck them til money poured out of their asses..

[Mr. Ali]

no they werent drunk. they had an unopened bottle of vodka and one of the 3 people in the car left the area with some buddies probably so he wouldnt get in trouble with the vodka or something. i dont know.

im going to spend tomorrow calling around and finding out if this deductable thing is true or not. doesnt make sense to me that they are only giving me a part of it. what if my deductable was $250....? you know? it doesnt make a whole lot of sense.

[Billkoz]

i say you find out where that insurance company is and go postal on their asses.

i hate insurance companys there like the only form of work that makes money out of screwing people over. well that and laywers.

[ThatHideousStrength]

if your paying for insurance, and they got money from another insurance, they should give you the difference. Thats fucking cock shit, your paying for insurance! I'm sure you have paid way more than 400 dollars in insurance regularly.

[Mr. Ali]

my brother inlaw that use to work for an insurance company told me too tell my insurance that i will file a comlaint with the insurance commissioner or some shit and see if they cave and give me the full $1000. if they dont, i think i will go ahead with filing that clame. its there god damn job to go after money.

EDIT: so i just found this:

Q. Is the Company Required to Help Me Recover My Deductible?
A. Yes and no. The insurance company must advise you as to whether or not they intend to pursue subrogation. If the company pursues subrogation, they are required to include your deductible as a part of the process. However, if the company does not pursue subrogation they are required to advise you of that fact so that you may pursue your deductible on your own. If their efforts are successful, in whole or in part, the company will reimburse you in accordance with the recovery. For example, if 100 percent of the paid claim is recovered, you will receive 100 percent of your deductible; if the recovery is 65 percent, you will receive 65 percent of your deductible. Any expenses or fees (e.g., legal fees, incurred by the company in its recovery efforts) will be apportioned between the company and you, if recovery is made. However, if you choose not to have the company include your deductible in its efforts, you can seek recovery directly from the other party on your own. But before you do, discuss the matter with your company to avoid jeopardizing its recovery.

i guess what i will do is find out if i can go after the lady myself and if i cant because i signed that release, all hell is going to break loose because my insurance was suppose to tell me they were not going to go after her.