Insurance companies and property claims

[Crepitus]

You actually have greater standing regarding legal forum than the third party because of the location of the accident, but it would involve litigation that is worth more than the value of the truck. You would indeed have to sue him in his own jurisdiction and then have a court in your district take jurisdiction. By the time you did that, you would have spent more than the truck is worth.

The reason why you can't sue the driver's insurer is because you are not a party to his contract with his insurer. His insurer has a duty to defend him, but zero relationship with you.

Yes, they have me over a barrel because it isn't worth the expense.

As far as not being able to sue the insurance company while I understand the legal reasoning I think it is ridiculous. The other driver has no say in their actions.

[Common]

It's all about how you submit the claim. For example, flood damage is usually classified as rising water, and not a leaking roof. Most insurance policies do not cover wind driven rain (..um, hurricane anyone), and some insurance companies say if it is not mentioned in the contract, then it is not covered, while others say if it isn't excluded, it's covered.

It's convoluted for a reason...

If you have roof damage in fla from hurricane winds and subsequently get water damage from rain that is covered.]

[Common]

Hurricane insurance deductibles used to be 1600.00 per year when I moved here, now I believe the deductible is 2% of your homes appraisal value.

We havent had a hurricane since 2005 in fla, yet two days after hurricane irma I got a notice of hurricane insurance premium increase from my hurricane insurer.

I know people who are self insured for hurricanes, which in most circumstances is totally foolish.

[DGUtley]

Some of you might have seen the thread on one of my trucks getting hit. The insurance company totaled it and offered a ridiculous amount in compensation. After weeks of back and forth I finally settled with them for less than the truck was worth but more than they wanted to pay.

Worth per whom?

You can't sue the other guys insurance company, only the other guy. Why?

Your claim is against their insured.

The guy was from out of town. I couldn't sue him here, I would have had to go there. Why?

That is not true. You could've easily sued him where the accident took place, though he could've removed it to federal court if it was over $75,000.

There were very few lawyers willing to take the case because of the low amount and because property cases are hard to win. Why are they hard to win?

Easy to win, too small to bother.

It seems it's all set up to make it easy for the insurance companies to pay out as little as possible, what happened to looking out for the little guy?

Your premise is faulty. You could've sued locally, easily.

[Common]

I got $2,500 for a truck that cost me $5000 to replace. The damage was due to no fault mine. The ruck was sitting still at a stoplight and struck from behind.

But I lose, not the guy who hit my truck. I guarantee they paid to fix his truck (minus deductible of course).

Insurance companies do not pay market value for a vehicle. For example if you have a automobile thats selling for 15000 because its HOT and the book says its work 9 you are getting 9 and thats that.

[Crepitus]

Worth per whom?



Your claim is against their insured.



That is not true. You could've easily sued him where the accident took place, though he could've removed it to federal court if it was over $75,000.



Easy to win, too small to bother.



Your premise is faulty. You could've sued locally, easily.

I was told by multiple people I couldn't sue him locally.

[gamewell45]

Some of you might have seen the thread on one of my trucks getting hit. The insurance company totaled it and offered a ridiculous amount in compensation. After weeks of back and forth I finally settled with them for less than the truck was worth but more than they wanted to pay.

You can't sue the other guys insurance company, only the other guy. Why?

The guy was from out of town. I couldn't sue him here, I would have had to go there. Why?

There were very few lawyers willing to take the case because of the low amount and because property cases are hard to win. Why are they hard to win?

It seems it's all set up to make it easy for the insurance companies to pay out as little as possible, what happened to looking out for the little guy?

Insurance companies are nothing more then money collecting machines; they rip-off more American's then you can believe. I had lighting hit my well head and it blew out the pump; I had it replaced; it was supposed to be covered and they rejected it because it didn't "look" like it was a lightning strike according agent the paid us a visit. Any excuse they can use to not pay a claim they'll use it.

[donttread]

Some of you might have seen the thread on one of my trucks getting hit. The insurance company totaled it and offered a ridiculous amount in compensation. After weeks of back and forth I finally settled with them for less than the truck was worth but more than they wanted to pay.

You can't sue the other guys insurance company, only the other guy. Why?

The guy was from out of town. I couldn't sue him here, I would have had to go there. Why?

There were very few lawyers willing to take the case because of the low amount and because property cases are hard to win. Why are they hard to win?

It seems it's all set up to make it easy for the insurance companies to pay out as little as possible, what happened to looking out for the little guy?

Because through our herd mentaility, inaction and sheer lazyiness over the past decades we have put megacorps in charge of our country. That's the answer to your question Why?

[DGUtley]

I was told by multiple people I couldn't sue him locally.

You were told wrong.

[DGUtley]

I got $2,500 for a truck that cost me $5000 to replace. The damage was due to no fault mine. The truck was sitting still at a stoplight and struck from behind. But I lose, not the guy who hit my truck. I guarantee they paid to fix his truck (minus deductible of course).

Yes, it sucks. Insurers don't pay replacement cost. They pay fair market value based on one of several different options. Yes, they paid to fix his truck b/c he paid for that coverage -- he took the same hit you did if it was totaled. If yours was economically fixable (see note), they'd have fixed it. (Note: Constructive total means that if the cost of repair exceeds 80% of FMV [or for some insurers, the current value], they'd total it.)