Hit by a Drunk Driver in 10/09, Ins Co. wants me to sign a Release, suggestions?
02-17-2010, 12:06 PM
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Hit by a Drunk Driver in 10/09, Ins Co. wants me to sign a Release, suggestions?
A drunk driver hit my 2007 Black on black RX8 GT in 10/09, resulting in over $10,000 worth of damage.
A. I had the car fixed by drunk driver's ins. co. Got car back and the Motor Mounts were broken and had not been fixed.
B. Took car back, got motor mounts replaced, got car back and noticed that the Paint was mismatched (still waiting to get this repaired).
C. Got car back, (still waiting for mitchmatched paint job to be fixed. Now the alignment is out of whack, and the car is sliding on the road, and having steering problems.
D. I called the ins. co. and had the alignment fixed, now i receive a letter where they are offering me $2000.00 for the Diminished value claim that I submitted. I told them i wanted $3000.00 initially because this accident happened on the same day that i purchased the car, and I'm concerned that i may have more problems down the road
Also now i have to have the tires replaced because they never did the alignment in the begining.
In anycase should I settle for the $2000.00 or press for the initial $3000. that I had initially suggested?
The letter that they want me to sign says:
A. I had the car fixed by drunk driver's ins. co. Got car back and the Motor Mounts were broken and had not been fixed.
B. Took car back, got motor mounts replaced, got car back and noticed that the Paint was mismatched (still waiting to get this repaired).
C. Got car back, (still waiting for mitchmatched paint job to be fixed. Now the alignment is out of whack, and the car is sliding on the road, and having steering problems.
D. I called the ins. co. and had the alignment fixed, now i receive a letter where they are offering me $2000.00 for the Diminished value claim that I submitted. I told them i wanted $3000.00 initially because this accident happened on the same day that i purchased the car, and I'm concerned that i may have more problems down the road
Also now i have to have the tires replaced because they never did the alignment in the begining.
In anycase should I settle for the $2000.00 or press for the initial $3000. that I had initially suggested?
The letter that they want me to sign says:
RELEASE IN FULL OF AUTO PROPERTY DAMAGE CLAIMS AND RIGHTS
FOR AND IN CONSIDERATION OF THE ADDITIONAL SUM OF
TWO THOUSAND
DOLLARS ($2000), I release and forever discharge THE DRIVER OF THE CAR AND, FARMERS
TEXAS COUNTY MUTUAL INSURANCE COMPANY, their principals, agents and representatives
from any and all rights, claims, demands and damages of any kind, known or unknown, existing or
arising in the future, resulting from or related to AUTO PROPERTY DAMAGE CLAIMS arising
from an accident that occurred on or about 8-24-2009, at or near Plano, Texas.
This release shall not destroy or otherwise affect the rights of persons on whose behalf this payment is
made, or persons who may claim to be damaged by reason of the accident other than the undersigned
to pursue any legal remedies they may have against the undersigned or any other person.
I understand that this is a compromise settlement of all my AUTO PROPERTY DAMAGE claims
arising out of the accident referred to above, and there is no admission of liability. I understand that
this is all the money or consideration I will receive from the above described parties for any and all of
my AUTO PROPERTY DAMAGE claims as a result of this accident.
DOLLARS ($2000), I release and forever discharge THE DRIVER OF THE CAR AND, FARMERS
TEXAS COUNTY MUTUAL INSURANCE COMPANY, their principals, agents and representatives
from any and all rights, claims, demands and damages of any kind, known or unknown, existing or
arising in the future, resulting from or related to AUTO PROPERTY DAMAGE CLAIMS arising
from an accident that occurred on or about 8-24-2009, at or near Plano, Texas.
This release shall not destroy or otherwise affect the rights of persons on whose behalf this payment is
made, or persons who may claim to be damaged by reason of the accident other than the undersigned
to pursue any legal remedies they may have against the undersigned or any other person.
I understand that this is a compromise settlement of all my AUTO PROPERTY DAMAGE claims
arising out of the accident referred to above, and there is no admission of liability. I understand that
this is all the money or consideration I will receive from the above described parties for any and all of
my AUTO PROPERTY DAMAGE claims as a result of this accident.
I have read this release and understand it.
Signed and dated this _______ day of ______________________________, 201___.
_________________________________ _________________________________
Signature: Signature:_________________________________ _________________________________
Last edited by yulandop; 02-17-2010 at 12:19 PM.
02-17-2010, 12:35 PM
#2
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did you talk to your insurance agency about this? i'm not a lawyer and don't even play one on t.v. so i wouldn't want to give any advice on something like this and wouldn't take the advice of anyone that doesn't have the proper background.
02-17-2010, 12:40 PM
#3
I don't play a lawyer on TV either, but I would retain a lawyer prior to considering signing away any and all rights, especially as you properly cite that there may be latent defects as a result of the accident. The insurance company obviously has a vested interest in settling this quickly and for a fixed fee.
02-17-2010, 12:40 PM
#4
A drunk driver hit my 2007 Black on black RX8 GT in 10/09, resulting in over $10,000 worth of damage.
A. I had the car fixed by drunk driver's ins. co. Got car back and the Motor Mounts were broken and had not been fixed.
B. Took car back, got motor mounts replaced, got car back and noticed that the Paint was mismatched (still waiting to get this repaired).
C. Got car back, (still waiting for mitchmatched paint job to be fixed. Now the alignment is out of whack, and the car is sliding on the road, and having steering problems.
D. I called the ins. co. and had the alignment fixed, now i receive a letter where they are offering me $2000.00 for the Diminished value claim that I submitted. I told them i wanted $3000.00 initially because this accident happened on the same day that i purchased the car, and I'm concerned that i may have more problems down the road
Also now i have to have the tires replaced because they never did the alignment in the begining.
In anycase should I settle for the $2000.00 or press for the initial $3000. that I had initially suggested?
The letter that they want me to sign says:
A. I had the car fixed by drunk driver's ins. co. Got car back and the Motor Mounts were broken and had not been fixed.
B. Took car back, got motor mounts replaced, got car back and noticed that the Paint was mismatched (still waiting to get this repaired).
C. Got car back, (still waiting for mitchmatched paint job to be fixed. Now the alignment is out of whack, and the car is sliding on the road, and having steering problems.
D. I called the ins. co. and had the alignment fixed, now i receive a letter where they are offering me $2000.00 for the Diminished value claim that I submitted. I told them i wanted $3000.00 initially because this accident happened on the same day that i purchased the car, and I'm concerned that i may have more problems down the road
Also now i have to have the tires replaced because they never did the alignment in the begining.
In anycase should I settle for the $2000.00 or press for the initial $3000. that I had initially suggested?
The letter that they want me to sign says:
RELEASE IN FULL OF AUTO PROPERTY DAMAGE CLAIMS AND RIGHTS
FOR AND IN CONSIDERATION OF THE ADDITIONAL SUM OF
TWO THOUSAND
DOLLARS ($2000), I release and forever discharge THE DRIVER OF THE CAR AND, FARMERS
TEXAS COUNTY MUTUAL INSURANCE COMPANY, their principals, agents and representatives
from any and all rights, claims, demands and damages of any kind, known or unknown, existing or
arising in the future, resulting from or related to AUTO PROPERTY DAMAGE CLAIMS arising
from an accident that occurred on or about 8-24-2009, at or near Plano, Texas.
This release shall not destroy or otherwise affect the rights of persons on whose behalf this payment is
made, or persons who may claim to be damaged by reason of the accident other than the undersigned
to pursue any legal remedies they may have against the undersigned or any other person.
I understand that this is a compromise settlement of all my AUTO PROPERTY DAMAGE claims
arising out of the accident referred to above, and there is no admission of liability. I understand that
this is all the money or consideration I will receive from the above described parties for any and all of
my AUTO PROPERTY DAMAGE claims as a result of this accident.
DOLLARS ($2000), I release and forever discharge THE DRIVER OF THE CAR AND, FARMERS
TEXAS COUNTY MUTUAL INSURANCE COMPANY, their principals, agents and representatives
from any and all rights, claims, demands and damages of any kind, known or unknown, existing or
arising in the future, resulting from or related to AUTO PROPERTY DAMAGE CLAIMS arising
from an accident that occurred on or about 8-24-2009, at or near Plano, Texas.
This release shall not destroy or otherwise affect the rights of persons on whose behalf this payment is
made, or persons who may claim to be damaged by reason of the accident other than the undersigned
to pursue any legal remedies they may have against the undersigned or any other person.
I understand that this is a compromise settlement of all my AUTO PROPERTY DAMAGE claims
arising out of the accident referred to above, and there is no admission of liability. I understand that
this is all the money or consideration I will receive from the above described parties for any and all of
my AUTO PROPERTY DAMAGE claims as a result of this accident.
I have read this release and understand it.
Signed and dated this _______ day of ______________________________, 201___.
_________________________________ _________________________________
Signature: Signature:_________________________________ _________________________________
I had a friend that got hit by a car. He signed all his rights away then years later he had problems with his hips due to the accident but is now screwed as there is nothing he can do about it. He never received anything from the accident!!
Lawyers that specialize in accidental claims can help you and also get way more than $2000 for you! Do NOT sign!!! I'd have them replace my car then sue for damages just in case later down the line things start to happen health wise. Epilepsy for one or like my friends experience above.
Last edited by Leesha; 02-17-2010 at 12:45 PM.
02-17-2010, 12:56 PM
#5
There are a lot of variables you need to think about BEFORE you sign anything. I have a few questions that may help you get an answer.
Who picked the body shop that you used to repair the vehicle? If it was not purely your choice (if you even picked one form a list provided by an insurance company) then I would be really skeptical about the work. I had a really bad experience with this in the past (I was out of the country and my wife took the car to a place suggested by the insurance company after an accident). It was a nightmare, I had to take the car back multiple times for re-work.
Was there any frame damage (this is really important)? If so, you will have a hard time getting the car alligned.
As mentioned earlier, what does your insurance company think you should do? They are more likely to have your interest in mind than the other company.
From what you have posted here I would guess that you took the car to a place that wsa recommended by the other insurance company. they probably told you that it would get the repairs done faster because the place was authorized to do the estimates, so you wouldn't have to wait for one of their adjusters to come out to look at the car. The problem with that scenario is that the body shop has a deal with the insurance company. Why do you think that they don't require an estimate by someone from the company> I can tell you the answer is that the shop has already agreed to lowball all the "customer" that the insurance company sends their way. They agree to do the work on the cheap (no need for OEM parts and substandard work seems to be the norm in this situation).
At this point you have returned for rework so many times they are getting to the point that they are loosing a lot of money on doing the repairs in the "cheapest" way. When the insurance company does this they are betting that you will either not notice the problems for a while, or not bring the car back for some other reason. They know that they are not giving your car proper care, but what do they care? After all, they don't even insure your car. So now you have gotten to the point where they are willing to throw some money at you to get you to go away. I would guess that they have communicated with the body shop and they know the value of what needs to be fixed and they are offering you a lot less that the value of the repair. Otherwise they could just fix the car and be done with the whole thing.
A lot of speculation here I know, but I wouldn't trust anyone.
I good course of action would be to take your car to an independent local collision center to have them look at it. It may cost you a few bucks, but the findings will be well worth your time and money.
Let us know how this turns out.
Who picked the body shop that you used to repair the vehicle? If it was not purely your choice (if you even picked one form a list provided by an insurance company) then I would be really skeptical about the work. I had a really bad experience with this in the past (I was out of the country and my wife took the car to a place suggested by the insurance company after an accident). It was a nightmare, I had to take the car back multiple times for re-work.
Was there any frame damage (this is really important)? If so, you will have a hard time getting the car alligned.
As mentioned earlier, what does your insurance company think you should do? They are more likely to have your interest in mind than the other company.
From what you have posted here I would guess that you took the car to a place that wsa recommended by the other insurance company. they probably told you that it would get the repairs done faster because the place was authorized to do the estimates, so you wouldn't have to wait for one of their adjusters to come out to look at the car. The problem with that scenario is that the body shop has a deal with the insurance company. Why do you think that they don't require an estimate by someone from the company> I can tell you the answer is that the shop has already agreed to lowball all the "customer" that the insurance company sends their way. They agree to do the work on the cheap (no need for OEM parts and substandard work seems to be the norm in this situation).
At this point you have returned for rework so many times they are getting to the point that they are loosing a lot of money on doing the repairs in the "cheapest" way. When the insurance company does this they are betting that you will either not notice the problems for a while, or not bring the car back for some other reason. They know that they are not giving your car proper care, but what do they care? After all, they don't even insure your car. So now you have gotten to the point where they are willing to throw some money at you to get you to go away. I would guess that they have communicated with the body shop and they know the value of what needs to be fixed and they are offering you a lot less that the value of the repair. Otherwise they could just fix the car and be done with the whole thing.
A lot of speculation here I know, but I wouldn't trust anyone.
I good course of action would be to take your car to an independent local collision center to have them look at it. It may cost you a few bucks, but the findings will be well worth your time and money.
Let us know how this turns out.
02-17-2010, 01:09 PM
#6
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Okay, I manage a chain of medical clinics here in San Antonio and we specialize in pain management on personal injury cases. DUI cases can be huge due to the gross negligence. You really should talk to a lawyer.
I often help patients with this kind of stuff that are not represented by a lawyer and from my experience, What they are offering you for loss of value is joke for the damages your car sustained. Were the pieces replaced by the body shop factory Mazda pieces? Unless the work was done at a Mazda dealer, I doubt it. I wouldn't take less than $5,000.00 and you need to get EVERYTHING sorted out and fixed and then take it to reputable high end body shop(call your local BMW or Mercedes dealer and ask them what body shop they use) and have then do a full inspection of the body work performed.
It is very easy for the untrained eye to miss major problems with bodywork.
I often help patients with this kind of stuff that are not represented by a lawyer and from my experience, What they are offering you for loss of value is joke for the damages your car sustained. Were the pieces replaced by the body shop factory Mazda pieces? Unless the work was done at a Mazda dealer, I doubt it. I wouldn't take less than $5,000.00 and you need to get EVERYTHING sorted out and fixed and then take it to reputable high end body shop(call your local BMW or Mercedes dealer and ask them what body shop they use) and have then do a full inspection of the body work performed.
It is very easy for the untrained eye to miss major problems with bodywork.
Last edited by 9krpmrx8; 02-17-2010 at 01:12 PM.
02-17-2010, 01:19 PM
#7
Don't sign. . . get further advice from someone who knows more about this stuff...
to further agree... I work in HR and do workers comp claims management. From our standpoint, you always want to settle because you don't know what further costs you'll have to endure from a company standpoint. In theory, anything wrong in the front of your car can be related to this accident. I wouldn't sign unless they were giving me a new car that I got to pick out.
In my amateur automotive opinion, I firmly believe that a car that has been in accident is never the same. You don't what bolts got half sheared, or what hose fitting is cracked, but still functional, etc. The car wasn't designed with being rebuilt after an accident as any consideration.
10 cents worth of my 2 cents.
to further agree... I work in HR and do workers comp claims management. From our standpoint, you always want to settle because you don't know what further costs you'll have to endure from a company standpoint. In theory, anything wrong in the front of your car can be related to this accident. I wouldn't sign unless they were giving me a new car that I got to pick out.
In my amateur automotive opinion, I firmly believe that a car that has been in accident is never the same. You don't what bolts got half sheared, or what hose fitting is cracked, but still functional, etc. The car wasn't designed with being rebuilt after an accident as any consideration.
10 cents worth of my 2 cents.
02-17-2010, 01:25 PM
#8
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Yes I have had a few cars repaired over the years and since I tend to have my cars apart often I have noticed things that were not fixed or replaced (missing panel clips, splash guards, bolts, etc.)
02-17-2010, 02:11 PM
#11
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I am a lawyer (though I don't play one on TV) and I deal with this stuff all the time. The only thing I would say is keep in mind what you're giving up. If you accept the $2,000 offer and sign the Release then that 's it for property damage. If somewhere down the line you find something else, tough ****; you can't go back to the insurance company for more. If, on the other hand, you're confident that your car has been fixed and fixed right, then by all means sign it and take the money. Given your post, however, it seems to me that you have absolutely ZERO confidence in how the car was fixed as you kept finding things wrong with it (no alignment done, etc.).
If I were you I would take to it a body shop that I know and trust and ask them to look it over and tell you what's still wrong with the car and how much it will cost to make it right. I would also talk to a Mazda dealer and find out how much less they would pay you for the car now that it's been in an accident vs. had it never been in an accident. That right there is the true "diminished value" of the vehicle. I would then take all of that back to the insurance company, with documentation, and tell them that you want to settle the case for whatever those numbers add up to (cost to repair + diminished value).
Note - this post and the information supplied in it is for informational purposes only. It is not intended to be legal advice nor is it intended to create an attorney-client relationship. I am not currently, nor have I ever been, licensed to practice in Texas and I am not attempting to practice law by providing the above information.
If I were you I would take to it a body shop that I know and trust and ask them to look it over and tell you what's still wrong with the car and how much it will cost to make it right. I would also talk to a Mazda dealer and find out how much less they would pay you for the car now that it's been in an accident vs. had it never been in an accident. That right there is the true "diminished value" of the vehicle. I would then take all of that back to the insurance company, with documentation, and tell them that you want to settle the case for whatever those numbers add up to (cost to repair + diminished value).
Note - this post and the information supplied in it is for informational purposes only. It is not intended to be legal advice nor is it intended to create an attorney-client relationship. I am not currently, nor have I ever been, licensed to practice in Texas and I am not attempting to practice law by providing the above information.
02-17-2010, 02:17 PM
#13
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I am a lawyer (though I don't play one on TV) and I deal with this stuff all the time. The only thing I would say is keep in mind what you're giving up. If you accept the $2,000 offer and sign the Release then that 's it for property damage. If somewhere down the line you find something else, tough ****; you can't go back to the insurance company for more. If, on the other hand, you're confident that your car has been fixed and fixed right, then by all means sign it and take the money. Given your post, however, it seems to me that you have absolutely ZERO confidence in how the car was fixed as you kept finding things wrong with it (no alignment done, etc.).
If I were you I would take to it a body shop that I know and trust and ask them to look it over and tell you what's still wrong with the car and how much it will cost to make it right. I would also talk to a Mazda dealer and find out how much less they would pay you for the car now that it's been in an accident vs. had it never been in an accident. That right there is the true "diminished value" of the vehicle. I would then take all of that back to the insurance company, with documentation, and tell them that you want to settle the case for whatever those numbers add up to (cost to repair + diminished value).
Note - this post and the information supplied in it is for informational purposes only. It is not intended to be legal advice nor is it intended to create an attorney-client relationship. I am not currently, nor have I ever been, licensed to practice in Texas and I am not attempting to practice law by providing the above information.
If I were you I would take to it a body shop that I know and trust and ask them to look it over and tell you what's still wrong with the car and how much it will cost to make it right. I would also talk to a Mazda dealer and find out how much less they would pay you for the car now that it's been in an accident vs. had it never been in an accident. That right there is the true "diminished value" of the vehicle. I would then take all of that back to the insurance company, with documentation, and tell them that you want to settle the case for whatever those numbers add up to (cost to repair + diminished value).
Note - this post and the information supplied in it is for informational purposes only. It is not intended to be legal advice nor is it intended to create an attorney-client relationship. I am not currently, nor have I ever been, licensed to practice in Texas and I am not attempting to practice law by providing the above information.
02-17-2010, 03:09 PM
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Thanks for the information.
I took the car to (My) insurance company's repair shop. after it was repaired at my insurance company's repair shop i took it to the Mazda dealer. Thats who did the motor mounts and the alignments. The mazda dealer found the problems and every time something is repaired i take it to the dealer and have them give the car the once over to see if there were any problems that they missed. Over all the mazda dealer said that the work that was done on the car was pretty good. "they did a good job" but it seems like they always miss something, and minor things always seem to be popping up!.
I took the car to (My) insurance company's repair shop. after it was repaired at my insurance company's repair shop i took it to the Mazda dealer. Thats who did the motor mounts and the alignments. The mazda dealer found the problems and every time something is repaired i take it to the dealer and have them give the car the once over to see if there were any problems that they missed. Over all the mazda dealer said that the work that was done on the car was pretty good. "they did a good job" but it seems like they always miss something, and minor things always seem to be popping up!.
02-17-2010, 03:14 PM
#16
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Yeah you need to get that baby on a lift and go through everything with a fine tooth comb. Also did they do any bondo work? When you trade it or sell a proper evaluation will reveal that.
Where are you located in Texas?
Where are you located in Texas?
02-17-2010, 04:23 PM
#20
At least they are a little less likely to screw you than the other guys insurance. Sounds like you are doing th right thing by taking it to Mazda to double check the work. An independent body shop might be a good stop too. You could also take it to CarMax (be sure they find out about the accident) to see how much they would offer you for the car. compare that to what the market value would be if it was not in an accident. That would be yet another way to get an idea of how much value you have lost.
02-17-2010, 09:16 PM
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I agree with the Attorney
I am a Commercial Claims VP and I must say the release is poorly drafted thus it would appear you are not dealing with a sophisticated insurance carrier/claim office. Despite the poorly prepared release I would suggest that you identify the needed repairs and obtain a line item estimate detailing same so the insurance company can clearly see what additional damage/repair needs have been identified. With that information I would require an additional amount in excess of the supplemental repairs identified to indemnify you for the loss of value and the very real potential for additional repair needs associated with future costs/repairs which will not be further considered after you sign the release. Given the damage you have defined I would expect you should receive /demand an additional $1,000 - $1,500 for the diminished value.
Regards, .... 8TRACK
Regards, .... 8TRACK
02-18-2010, 02:18 AM
#22
"I wanna go fast!"
Your first and foremost mistake was letting the insurance company take it to THEIR body shop.
NEVER EVER DO THAT!
They give you ebay parts and always mismatch paint. And they never get the job done right.
You have them bring the adjuster to YOUR body shop[ and have your trusted guy tell them what needs to get done.
NEVER EVER DO THAT!
They give you ebay parts and always mismatch paint. And they never get the job done right.
You have them bring the adjuster to YOUR body shop[ and have your trusted guy tell them what needs to get done.
02-18-2010, 03:24 AM
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why wait til later? sue now! I bought my RX8 cash with a lawsuit settlement 
but seriously though, dont sign that. Back when I had the accident the insurance company had my phone off the hook wanting me to sign that same paper...and they were willing to give me everything I asked for back then. Hospital expenses, time off work bla bla bla. Later the lawyer explained the reason they were being so nice is to get me to sign before I look for legal help. my suggestion is to speak with a lawyer.
but seriously though, dont sign that. Back when I had the accident the insurance company had my phone off the hook wanting me to sign that same paper...and they were willing to give me everything I asked for back then. Hospital expenses, time off work bla bla bla. Later the lawyer explained the reason they were being so nice is to get me to sign before I look for legal help. my suggestion is to speak with a lawyer.
