I've never had to deal with insurance like this before so I don't know how it's supposed to work but I doubt they would have\will take care of me. I've heard stories from other friends about insurance companies that have been less than helpful before and this company doesn't seem like they're trying to help me. It's already been 6 months, how long should I have waited? I just wanted my vehicle back and now I have it back. It'd be nice to recoup some of my loses but I'll be alright if it I don't. I'll be glad to let you know the final outcome when that time comes.

Thanks. When there is ever a resolution to this, I will post it.

 

6 mos. is a little rediculous, it shouldn't take more than a few weeks (if it way your ins co. probably a couple days, but when the other driver is at fault their ins co. will always try to drag it out), maybe a month tops.

It might be time to get a lawyer involved (if you know anyone who is an attorney have them call the ins co. or send them a certified letter), you'd be surprised how much they'll speed up at even the posibility of being sued.

 

+1

I've had to do that, it's amazing how it speeds things up. Right now they are just playing with you.
You are dealing with the other guy's insurance company, I assume? Their responsibility is to their insured, not to you. You need to either go through your own insurance company and let them subrogate it, or call an atty'.
Don't forget to add your legal costs on to your insurance settlement. At 6 months that is not unreasonable.

At this point they are probably liable to you for the lesser of: the market value of the car before it was damaged (minus salvage value if you want to keep it), or your actual costs to repair it. Get a few estimates to match up the paint. That is part of the job.

 

Here's how it works, since you don't know. It's not about people's perceptions of how it works, it's about how it actually works.

Driver A hits your car. He files a claim with his insurance company, and you file a claim with yours. Since his policy won't cover everyone's damages, your insurance acts as secondary and pays for the loss. To do this, you need to get the vehicle to a bodyshop and have an inspector from the insurance company write a damage estimate.

If this estimate is lower than the value of your car, they pay to have the car fixed. If it's higher, they total the car. This means you have two options. You can sell the car to the insurance company, minus your deductible, for cash payment. This payment is based on the value of the car prior to the accident (the "actual cash value"). Often this value is a good amount higher than you could actually sell the car on the market. In this situation, the car being totaled can be a very good thing. For example, I was recently paid $5,900 (after deductible) for my Ford Focus which I would've had a hard time selling for $4k.

The second option is to owner retain the vehicle, which means they pay you for the actual cash value of the vehicle, minus deductible, and minus "salvage value". This is the probable amount the insurance company will get back from the car once it's sold at auction. On a Jeep Cherokee, this value is likely somewhere under $500. This means you could've been paid the actual cash value of the car, minus $500, which would've been significantly more money than you spent on repairs. You could've then done the exact repairs you did and pocketed the rest of the money.

The fact that the other driver has crappy insurance doesn't matter in either situation. That's why you pay for your own insurance. You need to get in touch with YOUR insurance company if you want to get things moving. The other insurance company has exhausted the limits of what they'll pay -- waiting for them isn't going to do anything, as you've experienced.

 

Yeah. I was thinking the same thing. I know a guy so I may have a chat with him. Thanks!

Yes, I'm dealing with his insurance. Definitely considering doing something but I'm not sure when yet. His insurance is doing everything they are required to do so I'm not sure if I have anything to go on. The utility pole was kind of involved in the accident so if it does need repairs, they need to know what that will cost. But if that never happens, then what?

I like the idea of getting estimates for the paint matching even though I probably wouldn't go that route. Thanks for the tips!

That all makes good sense to me. Thanks for the description!

The KBB value of my vehicle is right around $2400 so I doubt I'd have gotten anything more than that. So minus the worst case scenario of $500 to pay to keep it and I'm down to $1900. I have around $1100 in the repairs so I'd have gained $800 with the totaled route. Then there's the hassle and additional cost of an enhanced inspection and filling out a form to get a reconstructed title and the fees there. It's just stuff I didn't want to deal with for the extra money. All I really want is to be compensated for the what the repairs cost me and that's it.

I don't have collision insurance on my own vehicle, my insurance just covers damage I cause to other peoples' property. So my insurance isn't able to do anything at this point. I've verified this with my agent. And the other insurance company hasn't "exhausted" anything yet. It's my understanding that they haven't paid anything yet. They're still waiting for the estimates for the damages to the utility pole and I don't know when they're going to get that. I figure if something was going to be done to the pole, it would have been done by now.

On a side note: none of what I wrote above was intended to be argumentative. I appreciate your input but in my mind the route I took seems like the best move I could have made to me. If I'm wrong, it isn't the first time and certainly won't be the last! Thanks again for the response!

 

Were it me I'd gather the receipts, get an estimate on paint, total everything up and send copies to the insurer with a demand letter, certified so you get delivery confirmation. 30 days from that point would be more than reasonable to expect a reply offer.

The utility pole is not your problem, you don't need to wait for that. Let the city, utility co or whoever sue the other driver if his insurance is insufficient after paying your claim.
Fact is, utility poles get damaged somewhat frequently, this isn't the first time it's happened and it does not take 6 months to get the numbers. Last time I had the utility plant one I got the bill within 20 days.

 

the insurance company should have paid you already. call the adjuster every day. you will have your check very quickly. glad you got your xj fixed!

 

Sorry, I forgot to post the resolution to this.

Long story short: I ended up doing all the work for the insurance company. I had to call the company that owned the pole and give them all the details and found out they weren't putting in a claim. The insurance company wanted that in writing so I called the pole company back and asked them to do that and they did.

I had sent it my receipts and estimates earlier and around thanksgiving I finally got a check for what I submitted to them. The whole thing sucked and National General Insurance is a terrible company that doesn't do their job but at least I was reimbursed almost a full year after the incident happened.