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I've been hit...insurance Help

Old 02-25-2017, 09:35 PM
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Default I've been hit...insurance Help

So I was driving home from my local marina last year and a guy went through a red light and t-boned my new truck with my boat/trailer in tow. This guy didn't have a license and tried to submit a claim against my insurance saying I had a red light. Luckily this was thrown out when the police report was received.

I've since filed a claim with his insurance company and in the beginning, they were nice stating since they were at fault they would cover the towing, storage and rental. I've submitted all expenses and now the insurance company is stating they are not going to cover the expenses. My trailer is totaled (boat is ok) and they have offered me a significantly less value to try and replace my trailer.

Can anyone offer any advise to get these guys to pay all expenses incurred due to the accident?? As of now I'm out over $2000, not including a new trailer.

Thanks in advance.
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Old 02-25-2017, 09:48 PM
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IS there some reason you didn't want to let your own insurance company duke it out with them? I'd hire a lawyer to write a stern (no pun intended) letter to them, threatening a lawsuit. If they take you seriously, my guess is they'll pay to make you go away.
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Old 02-25-2017, 10:06 PM
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Originally Posted by Stearman43 View Post
So I was driving home from my local marina last year and a guy went through a red light and t-boned my new truck with my boat/trailer in tow. This guy didn't have a license and tried to submit a claim against my insurance saying I had a red light. Luckily this was thrown out when the police report was received.

I've since filed a claim with his insurance company and in the beginning, they were nice stating since they were at fault they would cover the towing, storage and rental. I've submitted all expenses and now the insurance company is stating they are not going to cover the expenses. My trailer is totaled (boat is ok) and they have offered me a significantly less value to try and replace my trailer.

Can anyone offer any advise to get these guys to pay all expenses incurred due to the accident?? As of now I'm out over $2000, not including a new trailer.

Thanks in advance.
Please share who the insurance company is so we know who not support with our coverages
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Old 02-25-2017, 10:15 PM
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I wonder how he even had insurance if he had no license?

Be that as it may, as bobeast suggests above, why isn't your truck insurance company legally representing you?
No collision coverage? Trailer insurance?

Glad to hear the boat and hopefully you are physically OK.
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Old 02-25-2017, 10:50 PM
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My trailer insurance coverage is significantly less than a replacement trailer. I also do not have rental car coverage. The $2k out of pocket is for the towing/storage and rental car.

Not only am I out of pocket, I have not been able to use my boat for months. I really just want this to be over with and not lose money on something I had nothing to do with.
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Old 02-26-2017, 01:32 AM
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Lawyer up.
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Old 02-26-2017, 01:57 AM
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Your insurance company should be going after their insurance company. Many years ago I had some damage done to something of mine. The person responsible promised to cover the damages but then reneged.

I filed a claim with my insurance company. They covered the damages then took the other person to court where they won and his insurance company reimbursed mine for the cost of their payout for my damages.

Of course it is different state by state but in my case that is how it played out.
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Old 02-26-2017, 05:35 AM
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I would call a lawyer but the insurance companies are used to letters from attorneys. When the attorney sends them a letter they may pay just to make it go away.
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Old 02-26-2017, 05:39 AM
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Originally Posted by rgrew176 View Post
your insurance company should be going after their insurance company. Many years ago i had some damage done to something of mine. The person responsible promised to cover the damages but then reneged.

I filed a claim with my insurance company. They covered the damages then took the other person to court where they won and his insurance company reimbursed mine for the cost of their payout for my damages.

Of course it is different state by state but in my case that is how it played out.
this
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Old 02-26-2017, 05:42 AM
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Let your insurance deal with it, that's what you pay them for.
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Old 02-26-2017, 05:52 AM
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Don't know how SC does it but Florida is a "no fault" state, which basically means you never deal directly with the other party's insurance. Your insurance company pays your damages - based on the coverage in your policy - and the other party's insurance company pays theirs. Then the two companies duke it between them to settle differences, a process called "subrogation". So once your insurance pays you, your company will try to go after the the other party's insurance company to reimburse them if it is determined they were at fault. The problem with that scenario is your payout is limited to the coverage on your policy. If you only have $!000 coverage on the trailer and the trailer is totaled, you're only getting $!000 from your insurance and you have no opportunity or ability to go after the other party for the difference.
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Old 02-26-2017, 05:54 AM
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Originally Posted by Stearman43 View Post
So I was driving home from my local marina last year and a guy went through a red light and t-boned my new truck with my boat/trailer in tow. This guy didn't have a license and tried to submit a claim against my insurance saying I had a red light. Luckily this was thrown out when the police report was received.

I've since filed a claim with his insurance company and in the beginning, they were nice stating since they were at fault they would cover the towing, storage and rental. I've submitted all expenses and now the insurance company is stating they are not going to cover the expenses. My trailer is totaled (boat is ok) and they have offered me a significantly less value to try and replace my trailer.

Can anyone offer any advise to get these guys to pay all expenses incurred due to the accident?? As of now I'm out over $2000, not including a new trailer.

Thanks in advance.
In Ohio you'd call your insurance agent they're get it fixed and then they then go after the offenders ins. co.
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Old 02-26-2017, 06:01 AM
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His insurance isn't going to help him collect his out of pocket because as he said it was the result of being underinsured. You are going to have to threaten to sue, and I wouldn't sue the insurance company, sue the at fault driver. Insurance companies are used to being sued, most individuals are not so they will likely put pressure on the company to settle.
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Old 02-26-2017, 06:08 AM
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As I read this, the OP's insurance will only pay what his policy covers, hence him pursuing this claim with the other's insurance. Is this correct?




Originally Posted by Stearman43 View Post
My trailer insurance coverage is significantly less than a replacement trailer. I also do not have rental car coverage. The $2k out of pocket is for the towing/storage and rental car.
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Old 02-26-2017, 06:21 AM
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Another post where insurance companies duck dodge and stall paying out... where are the people that tell me that's "not how it is" when these threads come up??!??!?

#1 Rule for Insurance: Never pay a cent out.
#1 Rule for Insured: Hire a lawyer right away.
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Old 02-26-2017, 06:24 AM
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Originally Posted by bobeast View Post
IS there some reason you didn't want to let your own insurance company duke it out with them?
Still waiting on an answer to this question.
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Old 02-26-2017, 06:34 AM
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Originally Posted by Fish'nFool View Post
Still waiting on an answer to this question.
He did answer the question. He is out of pocket $2,000. The out of pocket as he stated above was because his trailer was insured for less then it was worth and he didn't have rental coverage. So his out of pocket is the money over and above what his insurance paid on the trailer and the cost of a rental car while his was being fixed.

So he did submit to his insurance and was paid what he was owed based on the coverage purchased. His insurance company is not going to litigate for more than they what they paid. Lesson is buy proper insurance coverage.
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Old 02-26-2017, 07:22 AM
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Sometimes you have to apply a little pressure.

Its good that you have the police report. Was the person issued any tickets/warnings/arrested? Were there any witnesses? If there were witnesses, have you gotten their statements in writing and notarized?

Do you have it in writing from the at fault party's insurance that they were taking responsibility and would pay for the items? Or a voice recording? I like to communicate via email to make sure things are in writing or in states that allow it, record the conversation.

Either way, you can be a bit more forceful in your demands and lay it out - who was at fault, tickets/warnings/arrests, the damage, and what you are seeking. State its all very reasonable and if they still say no then you can say you will retain counsel.

You can also opt to let your insurance handle it but you may be out your deductible until it is settled (or you can separately start an action against the at fault party in small claims court to recoup your deductible). This may be the quickest route if you want to get back on the water.

Just make sure you report it in a timely manner as your policy requires. Depending on the insurance company, state (no fault), etc, there are some variables but may be a difference between reporting to your insurance and making a claim against your insurance.

Last edited by mystery; 02-26-2017 at 02:24 PM.
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Old 02-26-2017, 07:32 AM
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If the offender's insurance policy has only $10,000 in liability coverage that is the maximum they will pay, period! It is their limit of liability in the accident. Depending upon the coverage by the OP's policy they MAY pick up the delta of his loss.

My boat and trailer insurance company covers both while towing. I thought that was fairly universal for boat/trailer coverage.

As stated above, you can go after the offending party in court. As he was an unlicensed driver I suspect he has many prior offenses and few assets you can go after.
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Old 02-26-2017, 08:12 AM
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Loss of use you wont get anything back

Towing the boat from the accident should be part of the claim, storage i dont think so beyond a day or so maybe

Where is the boat normally stored how come its not being stored there now? Or am i not understanding the whole situation?

I understand your frustration but if hypotehtically speaking the trailer is 5-10 years old insurance responsibility is not a new trailer. This is where a better marine inusrance policy really pays off but even then depreciation is normally applied
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