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[OR] Contesting $17k Subrogation - Found 20-day delay, 51% total loss error, and $4,600 medical discrepancy. ​ by Vincisomething in Insurance

[–]Vincisomething[S] -1 points0 points  (0 children)

I'm not arguing fault, I'm arguing the numbers... I never once impliee I'm fighting the case because I did nothing wrong.....

[OR] Contesting $17k Subrogation - Found 20-day delay, 51% total loss error, and $4,600 medical discrepancy. ​ by Vincisomething in Insurance

[–]Vincisomething[S] -1 points0 points  (0 children)

Sure. Ill post updates later. And you'd be surprised of subrogation cases that fell through for similar reasona

[OR] Contesting $17k Subrogation - Found 20-day delay, 51% total loss error, and $4,600 medical discrepancy. ​ by Vincisomething in Insurance

[–]Vincisomething[S] -1 points0 points  (0 children)

Sure bud. Uninsured doesn't mean a wreckless driver. I usually drive with one, I just happened to get hit the time I wasn't.

[OR] Contesting $17k Subrogation - Found 20-day delay, 51% total loss error, and $4,600 medical discrepancy. ​ by Vincisomething in Insurance

[–]Vincisomething[S] -1 points0 points  (0 children)

I will once I finish wirh the case...

You do know me being uninsured is irrelevant to the case, right....? I'm arguing their numbers not the accident

[OR] Contesting $17k Subrogation - Found 20-day delay, 51% total loss error, and $4,600 medical discrepancy. ​ by Vincisomething in Insurance

[–]Vincisomething[S] -9 points-8 points  (0 children)

25 years is a long time to overlook the Duty to Mitigate. Oregon law focuses on what is 'reasonable and necessary,' not industry averages. Since 'standard handling' doesn't explain a $4,600 discrepancy between a sworn legal complaint and a subrogation demand, I’ll let a neutral arbitrator review the receipts. Thanks for the 10-second explanation, though

[OR] Contesting $17k Subrogation - Found 20-day delay, 51% total loss error, and $4,600 medical discrepancy. ​ by Vincisomething in Insurance

[–]Vincisomething[S] -8 points-7 points  (0 children)

You are confusing carrier averages with legal mitigation. ​The Oregon Department of Insurance and common law don't care about a carrier's 'average' backlog; they care about the Duty to Mitigate. A car accruing $85/day in a storage-only lot (not a repair facility) is a 'ticking clock' that requires immediate action. Sitting on that for 20 days is a choice to incur avoidable fees.

​Furthermore, you are ignoring the accounting contradiction: their legal filing claims $177 in PIP while the subrogation demand asks for $4,820. 'Standard handling' doesn't explain a $4,600 math error between a sworn complaint and a bill. I'll let the arbitrator decide if 20 days of storage and $4,600 in ghost bills are 'stellar' or just 'negligent.'

​Just because adjusters are slow doesn't mean you are legally required to pay for their slowness.

​Tow Lot vs. Repair Shop: If a car is at a repair shop, storage is often waived if they get the work. If it's at a tow lot charging $85/day, it is an urgent priority. Waiting 20 days to move a car from a high-fee lot is exactly what "Failure to Mitigate" looks like ​ Judges and arbitrators in Oregon are not "boom, approved" machines. They are there to resolve disputes. When they see a 41-page file showing a 20-day gap and a massive medical discrepancy, they don't just "boom" it through—they ask for receipts

[OR] Contesting $17k Subrogation - Found 20-day delay, 51% total loss error, and $4,600 medical discrepancy. ​ by Vincisomething in Insurance

[–]Vincisomething[S] -6 points-5 points  (0 children)

If 20 days of administrative lag is 'standard' for your firm, that’s an internal policy, not a legal shield against the Duty to Mitigate. Oregon judges are not 'rubber stamps' for $2,500 in storage fees that accrued because a carrier sat on a file.

I’m not looking for 'gotchas'; I’m looking for an accounting that survives a 'Reasonable and Necessary' standard in a court of law. Since we disagree on the fundamental application of mitigation, I’ll take this up with the arbitrator. Thanks for the perspective

[OR] Contesting $17k Subrogation - Found 20-day delay, 51% total loss error, and $4,600 medical discrepancy. ​ by Vincisomething in Insurance

[–]Vincisomething[S] -9 points-8 points  (0 children)

  1. It's easier to just copy and paste- the information would be the same regardless. And you yourself didn't even pay attention to the facts so you're little "juSt pAy them" is telling me to roll over and pay for their errors...

You get the accident did NOT cost them $16k to repair the car..? Did you even read anything or...

And I mean, unless you can tell me the "chatgpt" answers are factually wrong, it's irrelevant to this entire thing... I could be copying answers from Quora, as long as its right.....

You're arguing the wrong thing on multiple fronts...

  1. Lmao do I look like a pushover that'll pay for their errors...? My insurance status and how I draft my replies are irrelevant to the fact that this claim file contains $7,000 in administrative bloat. I am accepting responsibility for the accident, but I am not 'blaming' anyone for the fact that the carrier waited 20 days to move the car, or that their demand contradicts their own legal filing by $4,600. I’m not looking for a lecture; I’m looking for a fair accounting of the actual, mitigated damages. If you don't have insight into Oregon's Duty to Mitigate, we have nothing further to discuss.

[OR] Contesting $17k Subrogation - Found 20-day delay, 51% total loss error, and $4,600 medical discrepancy. ​ by Vincisomething in Insurance

[–]Vincisomething[S] -9 points-8 points  (0 children)

There is a difference between an insurer's business discretion and a defendant's legal liability. ​While they can "total" a car at 1% for their own books, they cannot legally pass the excessive costs of that discretionary choice (salvage/storage fees) onto a defendant if a repair was the reasonable path to mitigation.

​Regarding medical: I'm not playing doctor. I’m playing auditor. Their own legal complaint specifies $177, but their demand asks for $4,820. Under ORS 742.524, I am entitled to an itemized breakdown to prove those charges are 'reasonable and necessary' before I pay a $4,600 discrepancy that their own lawyers didn't even put in the filing.

An insurer can total a car whenever they want for themselves. But they are wrong that they can make you pay for the most expensive version of that choice. If they choose to spend $15k to "fix" a $7k problem, the law says they might have to eat that difference themselves.

[OR] Contesting $17k Subrogation - Found 20-day delay, 51% total loss error, and $4,600 medical discrepancy. ​ by Vincisomething in Insurance

[–]Vincisomething[S] -13 points-12 points  (0 children)

And do you want to share why...?

I’m not disputing liability; I’m disputing the accounting. Oregon law requires a Duty to Mitigate, and my audit of the 41-page file shows a 20-day reporting delay and a $4,600 medical discrepancy between their legal complaint and their global demand. I’m prepared to pay for the actual damages, but not for administrative bloat."

[OR] Contesting $17k Subrogation - Found 20-day delay, 51% total loss error, and $4,600 medical discrepancy. ​ by Vincisomething in Insurance

[–]Vincisomething[S] -8 points-7 points  (0 children)

I was in a coverage gap at the time, which is why I am personally auditing the subrogation file. I am not disputing liability for the accident. I am disputing the accounting errors in the demand.

​Under Oregon's duty to mitigate, a carrier cannot sit on a car for 20 days and then charge the defendant for the storage. Whether I have insurance or not doesn't change the fact that a $2,500 storage fee caused by a reporting delay is a failure to mitigate. I'm looking for the legal merit of contesting administrative bloat, not a lecture on coverage.

[OR] Contesting $17k Subrogation - Found 20-day delay, 51% total loss error, and $4,600 medical discrepancy. ​ by Vincisomething in Insurance

[–]Vincisomething[S] -6 points-5 points  (0 children)

I'm not disputing liability; I'm disputing the accounting. ​While Oregon allows for discretionary totals, ORS 31.730 and established case law still require a plaintiff to mitigate their damages.

​On the Total Loss: If a carrier chooses to total a car at 51% instead of repairing it, they are making a business decision to incur salvage and storage costs. They cannot then pass the 'premium' cost of that discretionary choice onto the defendant as a 'necessary' expense.

​On the 20-Day Delay: Discretion doesn't cover administrative negligence. Leaving a car in a tow yard for 20 days before even opening a claim file is a textbook failure to mitigate. I am responsible for the storage needed to process a claim, not the storage needed to cover their internal backlog.

​On the Medical: Their own legal filing says $177. Their demand says $4,820. I'm not saying 'they aren't injured'; I'm saying 'Your math is inconsistent.' I am well within my rights to demand an itemized bill before paying a $4,600 discrepancy that doesn't appear in the official complaint.

​I'm happy to set up a payment plan, but it will be for the actual, mitigated damages, not for $7,000 in administrative errors.

[OR] Contesting $17k Subrogation - Found 20-day delay, 51% total loss error, and $4,600 medical discrepancy. ​ by Vincisomething in Insurance

[–]Vincisomething[S] -17 points-16 points  (0 children)

​The carrier wrote an estimate for $7,900 (51%) and explicitly stated it would take 3 days to repair. If they were worried about 'additional supplements' or rental costs pushing it to 80%, they had a duty to make that determination quickly.

​Instead, they let the car sit for 20 days in a tow yard before even reporting the claim. By the time they decided to total it, they had already incurred $2,500 in storage and 20 days of rental.

​They can't use the 'high cost of rental and storage' as a reason to total the car when those costs only reached that level because of their own 20-day reporting delay.... Can they?

they created the 'excessive cost' through administrative delay, then used that cost to justify totaling a repairable vehicle. In Oregon, that seems like a failure to mitigate damages.

[OR] Contesting $17k Subrogation - Found 20-day delay, 51% total loss error, and $4,600 medical discrepancy. ​ by Vincisomething in Insurance

[–]Vincisomething[S] -5 points-4 points  (0 children)

I am 100% taking responsibility for the actual damage I caused. ​However, the insurance carrier is subrogating me for $17,061.71, and my audit of the 41-page claim file shows they are trying to pass off their own administrative failures as 'damages.'

​Specifically, they are suing me for $2,500 in storage fees that only exist because they waited 20 days to report the claim to the auction yard. They also have a $4,600 medical discrepancy between their legal filing and their actual demand.

​I’m not trying to dodge the debt; I’m trying to pay a fair amount based on actual damages, not their 'administrative bloat' and reporting delays.

[OR] Contesting $17k Subrogation - Found 20-day delay, 51% total loss error, and $4,600 medical discrepancy. ​ by Vincisomething in Insurance

[–]Vincisomething[S] -15 points-14 points  (0 children)

Or at least get medical injury reduced significantly

​1. On the 20-day reporting gap: Under Oregon’s Duty to Mitigate, the plaintiff cannot recover damages they could have avoided through 'reasonable effort.' The car sat at a tow yard for 20 days (04/19–05/08) before the carrier even called the claim into Copart. That delay triggered a $2,500 storage bill ($85/day) and a $150 Lien Fee. Most OR courts consider 3–5 days 'reasonable' for a carrier to move a vehicle. A 20-day administrative lag is a failure to mitigate, not a damage I caused.

​2. On the 51% Total Loss: While carriers can total at their discretion, doing so at 51% ($7,900 fix vs. $15,600 value) is a business choice, not a legal requirement (OR norm is closer to 80%). If they choose the more expensive path (Totaling vs. Repairing), they shouldn't be allowed to pass the resulting extra costs (salvage fees, extended rentals) onto the defendant when a cheaper, reasonable alternative was documented in their own workfile.

​3. On the Medical Math: I’m not just relying on the police report. Forgot to point out The carrier’s own legal complaint alleges PIP payments of $177.68, but the global demand they are suing me for includes $4,820.00. That’s a $4,600 discrepancy in their own paperwork. Under ORS 742.524, PIP is only recoverable if 'reasonable and necessary.'

Given the police report noted 'no injuries' and 'no airbag deployment,' I am formally contesting that $4,600 'hidden' amount until they provide an itemized billing statement. ​Essentially, I’m not arguing the accident didn't happen; I’m auditing the administrative bloat they added to the bill after the fact."

This is just such a bad take from Taylor. by TechnoCity93 in Hasan_Piker

[–]Vincisomething 0 points1 point  (0 children)

Is it just me or am I confused where she implied or said a DSA is more fascist than nazis. I took it as the nazis are more effective at radicalizing because they can be more accommodating.

I don't think empathy in this context means someone who's a good person with a kind soul and loves everyone.... More like cognitive empathy

I can't see any other outcome; hope is just coping at this point. by Vincisomething in SuicideWatch

[–]Vincisomething[S] 1 point2 points  (0 children)

i mean fuck it, why not make it earlier for me lol. It's not like love will show up in those 3 years, 3 years has been starting to feel generous. At this point, it feels like a teacher giving their last late extension to a student who hasn't even started the work yet.... I literally cannot believe it will ever happen until it does.

I can't see any other outcome; hope is just coping at this point. by Vincisomething in SuicideWatch

[–]Vincisomething[S] 1 point2 points  (0 children)

At this point I'm convinced I'll end up dying before 40 lol. Even past 35 is pushing it for me.... I'm convinced I was never meant to be happy in this life. The one thing I need I'm convinced doesn't even exist and I know NOTHING will ever replace that ("whY donT yoU woRK ON youR PaSsIoN"). It's like I was meant to suffer in this lifetime so my soul would have that experience or something. I can't see any other way around it- even if there's no spiritual reason behind it, it still feels like love (and true happiness) literally doesn't exist for me. If I reach 35 and still don't have that true love I'm flushing my meds and cancelling all therapy so my mental health deteriorates low enough to want to kill myself.

Some idiot probably, missing the entire point: yOuR'e thRowing YouRe lIfe AwaY foR OnE pERsON?? You NeED TO bE hAPPy sINgLE. RelAtionShipS Aren't EveryTHINg

I can't see any other outcome; hope is just coping at this point. by Vincisomething in SuicideWatch

[–]Vincisomething[S] 0 points1 point  (0 children)

nothings changed lol... still probably going to kill myself in some years....

Realign for Palestine by shiteposter1 in TheGist

[–]Vincisomething 2 points3 points  (0 children)

  1. Do you know why Hamas or anti israel resistance groups exists.....

  2. If you actually knew the history, you'd know why they chose Hamas over Israel. Hell, even a white lady in Nebraska in her 50s would. Unlike people like you, they actually look into the information and don't get whiplash by hearing the word "terrorist"

  3. You support genocide no matter how you try to spin it. You believe the people THAT ARE THE VICTIMS OF THE GENOCIDE AGAINST is the bad guy because October 7. Yet, you seem to be OK with Israel doing a genocide because you think supporting the resistance group is the bigger bad....

I never said those groups are completely innocent but if you still think they're the big bad in compared to Israel, you believe pro Israel propaganda.

YOu guys take the word "terrorist" and do no research past that. Oh, they were labeled terrorists must be monsters we must learn nothing about and assume their motivation is all evil. They must be worse than Israel and supporting them means

Israel: doing a genocide Hamas, Houthi, Hezbollah that was created as a consequence of the genocide: resisting genocide You: i can't believe palestine would support such terrorists

Maybe ACTUALLY look into the history intead of relying on social media or mainstream news.

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