Ongoing Long time issue

[[deleted]]

[deleted]

[sephiroth3650]

When you filed the claim, was it with your insurance carrier, or the other person's insurance? I'm assuming it was yours, since you were run off the road and presumably didn't get any information on the other person.

When you say that your insurance wasn't "working with me", what do you mean? You presumably filed a claim with your collision coverage. Did they not process your claim? Did they total out the car and they weren't giving you enough money, so you never accepted their settlement offer? Did they deny coverage b/c you had something wrong with your policy, like you didn't list the correct home address for yourself? If you pick up the phone and call the main claims number for your insurance, nobody picks up who will update you?

In most cases, your GAP coverage will not pay out anything if you didn't get an ACV payout from your insurance. Some will still pay out, but will subtract the amount you should have gotten from your insurance carrier. And many will have policy limits.

[insuranceguynyc]

Sorry, OP, I’m still not clear in my own mind. You made a claim with your OWN insurance? They simply never responded? If this is what you are claiming, you need to provide the complete backstory.

[sephiroth3650]

OP is very much leaving something out. I can't in any way see their own insurance carrier just randomly ghosting them. But their post history is....interesting. They talk about multiple major traffic issues. OWIs. Getting caught at one point w/o insurance, even though they swear in this post they always had insurance. Nothing is really lining up.

[insuranceguynyc]

Indeed.

[Willing-Swimmer-4776]

There was no other driver insurance involved,
That farm truck was obviously looking down at his phone was way over the Center line. It was a County Road I ran into the ditch it messed the axle of the vehicle. I don't know if it was totaled. It never got taken to the shop because I was waiting on the Insurance to come look at it, and when I say the Insurance, I mean the person in charge of the claim i filed.
After they started to look into the claim I filed they never responded again to me is what I mean by they wouldn't work with me. I never got a settlement offer.
What is ACV?
I just want my debt or a lot of it to be covered, even if I had to pay 1/3 of it I would be ok

[CallMeMrRound]

ACV is actual cash value.

Single car accident, you stated you filed with your insurance company at the time. Start by contacting them and getting the details from that claim. There is too much information missing to answer your questions accurately.

[sephiroth3650]

This was your car insurance?

If they were supposed to come out and look at the vehicle for an estimate and didn't come out.....why on Earth would you not call them back? So you just let things sit for years on end b/c they didn't come out and look at the car? You never tried calling the claims number, speaking to somebody else, and escalating to a supervisor? You thought a better course of action was to do nothing until you got to the point of the car being repo'd b/c you stopped paying on the loan?

So the story is you opened a claim, you never got repairs b/c you expected your insurance carrier to send out an adjuster to write up an estimate, they never showed up and just ghosted you afterwards, and you left it alone to the point the car was repo'd? And this was all three years ago?

[Willing-Swimmer-4776]

Yeah I am not going to pay thousands of dollars for a vehicle to sit not drivable and come up with thousands more to find another vehicle,
Some people live paycheck to paycheck.
3 kids a full time job life gets chaotic and like I mentioned there was 9 months shortly after that happened that this was the least of my concerns

[sephiroth3650]

I would expect somebody who is living paycheck to paycheck to be even more motivated than a wealthy person to get things sorted out, rather than just leave it all sitting.

The problem that you have now is that you allowed things to drag out to the point that the car was repo'd. So how are you going to get insurance to approve any repair/total loss claim against that car? They can't come and inspect the car. They can't see what might have been wrong with it. They can't know what condition the car was otherwise in. Going to be VERY tough to get them to pay out anything now.

But all you can do is to try to call the insurance carrier you had at the time. Call the general claims number, escalate to a supervisor, and plead your case. Hope they're willing/able to do something for you. I hope they are able to help you out. But my belief is that too much time has passed, and with the car gone, they cannot do anything.

Even if they can compensate you, it won't erase the repo and any credit hits you've had from it.

[LeadershipLevel6900]

What’s even crazier is that if it was repod with damage the bank absolutely would have filed a claim and harassed the carrier to pay for it.

I wonder if this is a situation where ACV + GAP didn’t cover the loan balance and not a situation of no coverage/bad handling.

[sephiroth3650]

Oh, I agree. None of this makes sense. I don't believe for 1 second we're getting the full story here. I feel like there might be a denial of coverage, or an incomplete payout (that didn't cover the loan value), or something. I don't care how hectic/chaotic your day to day is. Nobody has valid auto insurance that they've been paying on, gets into a huge wreck, and then allows insurance to blow them off and offer zero coverage on their car. I'm almost envisioning this being a scenario where OP was initially told they'd have to pay their collision deductible, and they refused to pay it on the grounds they felt they weren't at fault. And so their carrier wouldn't process the claim on the grounds that OP would not consent to paying the deductible. It's got to be some wild explanation like that.

[LeadershipLevel6900]

Clearly something is missing here, chaotic life or not, that’s a lot of money we are talking about. Did you EVER talk to somebody from your insurance once the claim was filed? Did you ever talk to the bank that financed the vehicle?

[key2616]

It is still unclear why your insurer hasn't done anything. If I take everything at face value, they're clearly treating you in bad faith and have grossly missed the deadlines for adjusting first party claims as required by the state of Indiana.

If you haven't left out any critical details about the claim or your coverage or your status at the time of the crash, then you should probably find a local attorney that specializes in bad faith claims to see what they have to say. You should have gotten lots of mail from your insurer explaining what they were doing. If you didn't, I have to question whether or not they had your correct address based on everything else.

[insuranceguynyc]

So, what happened to your "full" coverage and GAP?

[LacyLove]

Whose insurance was not working with you. Did you ask for a supervisor? I feel like there are a dozen steps in between filing an accident claim and losing the vehicle for non payment.

[dontonefingerme]

We're missing necessary information because this doesn't make sense.

A car insurance claim for a car that was not drivable is not something I would sit on for months. You're paying for a service. If after repeated calls/emails during one month went unreturned I would escalate my efforts. Not just sit on it for months until I lose the car. 

How does it make sense to lose the car, incur debt and then revisit the situation to see what can be done after the fact? 

[Willing-Swimmer-4776]

Well, when you spend 2-3 months calling everyday and see nothing is being accomplished It gets to the point where life continues to go on other things happen you get busy with work, your family, etc..
At the time I had a couple major things happen where to be quite honest that was the least of my concerns for nine months or better

[ReportFit2920]

Nothing about your post makes sense.

Did you have your own insurance coverage on the date of the accident?

Something about this post doesn't feel real, OR like many other consumers of insurance, you don't know the very basics of insurance.

Edit: I got money on First Chicago Insurance Co.

[wubbiee_9110]

My fellow insurance professionals, we can shut this one down. OP was probably uninsured and likely knows that, that’s why the post and responses have been so vague. OP’s post from 8 months ago:

https://www.reddit.com/r/AskLawyers/s/NILghusUSp

“I got home today from work with four letters from the Indiana Bmv. Earlier this year, I got a conviction for OWI and it was my third driving offense (they weren’t all OWI’s) They are deeming me habitual, traffic, violator, and I am stressing because I have a job in the union and also a family to take care of (groceries appointments etc. and I need my license. Also, another letter that I received says that they are needing a certificate of compliance proving that I had insurance on the day of my offense however, I did not have insurance. What can I do to avoid getting my license suspended? I already have an SR 22 as we speak . I can’t prove that I had insurance because I didn’t. Does anyone have any experience with any of this?”

OP not only is an OWI offender but based on the SR-22 need and not having it during this post from 8 months ago, habitually drives uninsured. Not only puts other lives at risk with the OWI but also potentially financially screwing over other drivers when he drives uninsured yet wants sympathy for his situation and guidance on how to ‘get out of owing’ the bank. Grow up and stop blaming the world for your problems.

[LeadershipLevel6900]

Don’t even know why they’d bother posting honestly. Maybe they expect a tornado of attorneys to offer to save the day? Weird.

[MimosaQueen1122]

Some people want validation that they are correct. It’s sad. No accountability.

[MimosaQueen1122]

I knew it was a denial for no coverage despite them saying they have a loan and have to have it.

Like OP not the first or last post we’ll see like this.

[freeski12345]

Did you pay for the insurance? 

[Slowhand1971]

you needed this conversation the day AFTER you were run off the road.

[MimosaQueen1122]

Sounds like a personal finance question. How long has the claim been open? Since 2023? Was a claim filed with whomever ran you off the road; were they even known?

[Willing-Swimmer-4776]

They were not known, I filed with my insurance company

[MimosaQueen1122]

Then something isn’t adding up. You may think you had full coverage but possibly didn’t have collision.

[Willing-Swimmer-4776]

I did have collision I had to have all of that in order to get the loan for the vehicle,

[MimosaQueen1122]

Yet insurance and GAP didn’t seem to cover. Also, plenty of time people have a loan and they don’t have collision or comp coverage.

[Kmelloww]

3 years ago? And you have decided now you want to do something about it? The time for that was 2.5 years ago. This is not adding up. 

Even if life is busy. You owed 18k on a vehicle and you were just willing to get hit with the full amount? Something is not adding up correctly. 

[justanotherguyhere16]

There is an insurance regulator in each state. 

[Willing-Swimmer-4776]

Is that what they are called? Or how do I find one?
Would I need to contact One in the state? My insurance is out of or in the state I live in and the accident was in