My truck

[rudyr]

You all know about 6 wk. ago I had a 18 wheeler run into my trailer.  will last Friday I was called by the truckers insurance co.  I’ve got some estament today the body shop told me my frame is bent on my truck.  Now what to do on a $60,000.00 truck.  Get it fixed and ask for a deprecation payment or just ask for a new one?  On my trailer one estate trip was $ 10,000+ & the motorcycle $900.00. Had mri today.Rudyr

[fotoguzzi]

Frame bent, Demand a new truck.

[GuzziPilot]

Frame bent, Demand a new truck.

+1  ! ! !

[Kent in Upstate NY]

Get a lawyer who specializes in this sort of thing. Don't do it on your own. The lawyer's fees will come out of the settlement and you shouldn't be out of pocket.

[delrod]

I would seek a lawyer. Look for a mean sob that will fight for you

[delrod]

What are the doctors saying about your injury

[davedel44]

What are the doctors saying about your injury

Yes on lawyer and new truck.
Thought you had the injuries sorted. Still having troubles?
Get well, Okie comming up and maybe an informal Swamp Scooters.
We still got a lot of oysters to eat.

Dave
Galveston

[LowRyter]

I'd negotiate with them and ask for a new truck and replacements for the rest.  If they won't do it, then call a lawyer.

BTW, when you ask for a new truck, remind the insurance company that if the truck is fixed, they would still have to pay you "Diminished Value" for your truck, potentially many thousands of dollars.  That's because a repaired truck with a straightened frame is much less valuable than one that hasn't been wrecked.  This should give you additional leverage when you try to negotiate a new truck.

Doug makes an excellent point regarding your health.  If you still have pain, you might have "Residual Impairment".   And you've already endured "Pain and Suffering" that is typically compensated by several times of the total medical costs.

[old head]

be aware that if you get a settlement from the insurance company, and if you health insurance has paid any money out for your injuries, your insurance company will be coming to you to be reimbursed. 
Get a lawyer the other guys have plenty of lawyers.  Lawyers are expensive, but you want to make sure you are covered and all your expenses are well documented and addressed.

It took me 4 years to get a settlement when I was rear ended.  I tried to be reasonable, but the lawyers for the insurance company were being real jerks.  I had to hire lawyer.

We tried arbitration, negotiation, and many many phone calls.  In the end, we had to go court and the Judge settled it for the amount that covered all my expenses, lawyer fees, and a settlement for future surgeries. 

Good Luck

Old Head

[wymple]

As a kid I worked in a hotel. We had an insurance salesman who lived there. He got half crocked one night while I was cleaning up in the bar and he told me to remember my entire life that all insurance companies are self serving slime. The nature of the business is to get as much from you as possible and pay out as little as possible. Adjusters job is to get them off as easy as can be done, not to help you out. I've had several rough outings with the slime over the decades. Get a lawyer.

[LowRyter]

Agree that insurance companies can be slime and hard to deal with.  It varies by state and by insurance company.  I'd guess Texas and Arkansas might be pretty crummy states for the consumer injured party.  It's largely a matter that of whether Insurance Commissioner is elected or not.  If he's elected you bet that companies are supporting him.  If he's appointed you can bet that companies are supporting the guy that appoints him.

I've had good luck working with insurance companies in Illinois.  Okla not so much.

[rudyr]

I want to thank everyone for good advice about my problem.  Today I took my camper to camping world.  I don’t know the hole bill but the labor bill is over $12000 they or going total the bill and send it to me.  This total for everything just keep going up.  Haven’t heard anything about the MRI yet.Rudy

[davedel44]

I want to thank everyone for good advice about my problem.  Today I took my camper to camping world.  I don’t know the hole bill but the labor bill is over $12000 they or going total the bill and send it to me.  This total for everything just keep going up.  Haven’t heard anything about the MRI yet.Rudy

OK

Hang in there Rudy.

Dave
Galveston

[cloudbase]

I would seek a lawyer. Look for a mean sob that will fight for you

[LowRyter]

I want to thank everyone for good advice about my problem.  Today I took my camper to camping world.  I don’t know the hole bill but the labor bill is over $12000 they or going total the bill and send it to me.  This total for everything just keep going up.  Haven’t heard anything about the MRI yet.Rudy

remember to submit a claim for diminished value for the camper.

good luck on the MRI

[rudyr]

Will the adjuster told me today if the repair is over 70 percent of book value, they pay 70 percent of book value in ark that’s it.  That’s the law. That’s way  insurance co. Have all nice offices.  From the backs of crash victim.  the accident happier in Tx..  I going to asked lawyer tomorrow see if that makes any difference. Rudy

[LowRyter]

Will the adjuster told me today if the repair is over 70 percent of book value, they pay 70 percent of book value in ark that’s it.  That’s the law. That’s way  insurance co. Have all nice offices.  From the backs of crash victim.  the accident happier in Tx..  I going to asked lawyer tomorrow see if that makes any difference. Rudy

You should be under Texas laws since that's where the accident happened if you sue.  I would think. 

70% sounds like total BS to me.  But I did mention that the consumer rights vary from state to state.  Obviously the Old South would be the worst. 

I think it's a real shame to have to hire a lawyer to get a fair deal when we all pay for insurance. 

[adaven]

Lawyer is a really good idea, just be sure you get what you need after the lawyer's cut

[rudyr]

I guess my next stop neurosurgeon, pressure on spinal cord.  At my age a little pain goes along with it.  But did get about 150 miles on the bike.rudy

[davedel44]

I guess my next stop neurosurgeon, pressure on spinal cord.  At my age a little pain goes along with it.  But did get about 150 miles on the bike.rudy

Take care Rudy.

D

[rudyr]

Well insurance co( Northland) doesn’t want to pay any adjusted value for my truck bent frame, and total my trailer  I asked for 15 k for truck and 40 k for the trailer.  Now I don’t think I-will get what I’m asking for but I don’t thank it will be pennies.  They or wanting cut on me and I don’t like that.  A little cold beer and some jamason I can make it, no pain at a Guzzi ralley Rudyr

[Cam3512]

Be very careful what you post here, or on the internet.

[LowRyter]

Well insurance co( Northland) doesn’t want to pay any adjusted value for my truck bent frame, and total my trailer  I asked for 15 k for truck and 40 k for the trailer.  Now I don’t think I-will get what I’m asking for but I don’t thank it will be pennies.  They or wanting cut on me and I don’t like that.  A little cold beer and some jamason I can make it, no pain at a Guzzi ralley Rudyr

Maybe time to call a lawyer.   What in the world are they thinking considering the truck, trailer and your health?   

I suppose that's what you are getting for being fair with them in the first place. 

[rudyr]

The good old boy adjuster said in ark. by law they only must pay 70precent. of NAD value at the time of the accident  so your talking not a lot for a 5 yr. old toy hauler.  When new ones or 40 to 50 k plus sales tax.  I did tell the insurance gentleman, that the accident did happen in Texas lcould be their in 3 hr. and new estimate at problely at higher prices. That when he hung up.  We or only talking property damage right now.  My lawyer said I could try to settle for the property’ damage.  It really looks like it all going to the court house.  Me 100 percent disable vet. and wife in a elect scooter, that can’t wash clothes  cook ( we don’t have hamburger helper) or drive. I’m ready to take my chances with a jury. I upset.Rudy

[LowRyter]

The good old boy adjuster said in ark. by law they only must pay 70precent. of NAD value at the time of the accident  so your talking not a lot for a 5 yr. old toy hauler.  When new ones or 40 to 50 k plus sales tax.  I did tell the insurance gentleman, that the accident did happen in Texas lcould be their in 3 hr. and new estimate at problely at higher prices. That when he hung up.  We or only talking property damage right now.  My lawyer said I could try to settle for the property’ damage.  It really looks like it all going to the court house.  Me 100 percent disable vet. and wife in a elect scooter, that can’t wash clothes  cook ( we don’t have hamburger helper) or drive. I’m ready to take my chances with a jury. I upset.Rudy

"At the time of accident."   

Consider that a down payment but several months late!  I hope you mentioned all the terms I highlighted above.

[davedel44]

Keep fighting them Rudy.

Get a second opinion before agreeing to any surgery.

Take care

Dave
Galveston

[Ryan]

Look up comps for your trailer and truck. What will one like it cost you to buy? The insurance company has to restore you to pre-loss condition, not 70 percent of what you had. Either they buy you the same trailer and truck, or give you money to buy the same trailer and truck, but they don't get to say "sorry our insured ran into you- here's almost enough to make you whole"

Where the 70 percent rule makes sense is if the damages  exceed 70 percent of book, they will just total it. If there is frame damage, the repairs plus diminished value should get you there and your truck should be totalled.

So if it is totaled, find similar vehicles for sale in your local area and use those prices, not book values, to define your ask. You don't give a rat's ass what book is, you need enough to buy a like truck and trailer, taxes, and registration.