Unfortunate accident

[mopar thunder]

Well I got a call today and the insurance adjuster cut a check for the repair but also informed me of something. He isn't sure that my premiums won't go up and the Subrogation Team may not pursue it because he thinks it will turn out as a he said... he said... argument. So I checked with the lawyer and he said since they cut a check I can't go after him for any of it. GGGRRRRRR.... what about the loss of use, the stress from it, etc. I wish I would have known this before I filed a claim, I would have taken him to court first! Now if they don't go after him he skates away with no responsibility. How does this crap happen....... That SOB Ahole damaged my car because of his stupidity and he doesn't have to pay. The insurance claim ended up being close to $10k. Plus I may have to pay my deductible and higher premiums now..... what the hell. I've been getting the let Karma take care of him speeches and I'm not buying that. 

[jimynick]

There's something not right here. Why would the subro team having an argument, have anything to do with this as far as you're concerned? Are you telling me that they wouldn't go after a $10k loss? somebody's blowing smoke up you kilt here laddie. I worked as a licenced bodyman, auto insurance appraiser for 33 years and I can tell you without fear of reproach, they'll go after him and even if they don't, why should that up your rates?
  The only scenario harmful to you is that your own company closes the claim on a third party basis and proceeds on your uninsured motorist coverage, thereby generating a claim not covered by accident forgiveness and thereby giving your coverage rate a hit.
  And as for going after the guy, be careful here, you just made a veiled threat against him and lawyers will be the only ones who'll win here.
  You paid for insurance, just make sure you receive a fair settlement; and remember this as well, at the end of the day, it's a car, not your son or daughter, and working yourself up into a coronary level rage over all this BS, only hands the win to someone else. Remember the old saying- "and this too, shall pass" Be well. 

[tparker]

Out of curiosity, what insurance do you have? Classic car insurance, standard, other?

Sorry to hear this has been such a pain. Hopefully your car will be fixed soon and you can be off down the road again and leave that crap in the past.

[B5fourspeed]

That hood could of hit cars behind him and caused a major crash of multiple cars.Think of the claim if that happened.The guys is a jerk.Write a review of his business if possible.I am glad you have insurance and your car will be repaired.

[DeathProofCuda]

Write a review of his business if possible.

If I am understanding the details of this situation correctly, the guy doesn't have a business, which is probably part of the problem here. 

Sounds to me like he was just an acquaintance (or former buddy?) that had a nice garage and offered to do some work for the OP on the side.  Maybe that is why the insurance company doesn't feel that their case is solid enough to pursue??? 

[mopar thunder]

Jimmynick - Thanks for the advice and for everyone else's suppport. I didn't mean to make it sound like the Subrogation Team isn't going after his insurance. I was told they may not. So if they don't  and the claim is paid basically there isn't much I can do to get him to pay something. I would have to swallow it and move on. The adjuster is the one that said he isn't sure if my premium won't go up. So hopefully he isn't as informed in that area and my premiums won't go up when all is said and done. it's a tough pill to swallow with everything else going on in this world that someone who is liable for the damage may not pay for it in the end. Yes, the car will be fixed and I will be able to once again drive down the road.

[mopar thunder]

Out of curiosity, what insurance do you have? Classic car insurance, standard, other?

Sorry to hear this has been such a pain. Hopefully your car will be fixed soon and you can be off down the road again and leave that crap in the past.

Yes it is Classic Car insurance. Now that a check is coming I'm hoping the bodyshop will go all in and finish it within a few months.

[ebodyproducts]

It'll be fine


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[mopar thunder]

Well I haven't heard anything from the insurance company. So no news is good news in this case. I did receive the check and got a payment tot he autobody shop. I wasn't aware that he bought supplies with the original $1200 and has done nothing on it since I dropped it off Feb 12. almost 2 mos ago. I took the ride to the shop to personally give him the amount he asked for and the car looked like hell. I know it is a body shop but I left my trailer there so he could store it while he wasn't working on it. I though he had done something but it wasn't meant to be. So the original 3 mos time to finish it just started so I am looking at getting my car back sometime in July.... hopefully.

[RUNCHARGER]

For gosh sakes. You better stop in twice a week from now on. Yank it immediately if you see nothing getting done, you don't need another problem.

[ebodyproducts]

I've heard of shops parting out cars. Keep a close watch.


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[challengermaniac]

Well, at first glance this certainly has been a hard pill to swallow, although must say how much I appreciate jimynick's perspective of this being "just a car" and not worth shortening your life expectancy over due to stress.  There is a lot to be thankful here in that you were insured and no one was injured.  So take the advice of your better half and calm the emotion over this "just a car" having the confidence this will all work out within reason.  That also goes for thoughts of chasing this guy down in court which would be a complete waste of time, money and emotional energy.  In the end, you will be the winner having your car professionally repaired (sounds like timely follow up is needed there) and if you have to pay up a little to settle due to the deductible you can use that amount as an offset for whatever documented expenses the neighbor comes up with.  Best!

Ps: just a note of how much us Yanks smile on the infrequent occasion we hear or read the word "kilt", thanks jimynick!
 

[mopar thunder]

Update:  I did hear back from the insurance adjuster and he indicated that the Subrogation Team has decided to pursue this. I feel better now that he told me that. Maybe there is some justice in this world after all. I did call the body shop and he said that he is working on the hood first since that will be the hardest. I am going out of state next week but I will follow up with him again while I am away.

[mopar thunder]

Well this is the final post for this. I have lost all faith in our judicial system, and this country in general. I was notified 2 days.  ago the Subrogation Team has decided not to pursue this. They took a statement from the aHole and he lied thru his teeth. he said he didn't drive my car, he never worked on anything under the hood and he sid the hood flew off after he pushed it out of the garage and the wind caught it. Are you Fn kidding me. They said since it is a totally different story I need ot have proof he got in the car and drove it or he opened the hood.  I said he took the car w/o my permission even after i told him not to drive it. i have texts of him telling me he will 100% pay for it but that doesn't say he drove it. It's unbelievable how this whole thing went and ended up. To throw salt in the wound I won't get my deductible back, i loose value in the car now that it has a claim on it and my prermiums are probably going up. So you tell me how I can be calm about this. I have had stress for 7 months over this. I haver totally lost my interest not only in the car but with my 68' Charger and in the hobby all together. I'm not sure I am going to keep the car once I get it back. He got away with damaging my car to a tune of over 10K and I can't do a thing.

[Mopsquad]

What the fuzz!  That fit's in the definition of BS and the mechanic just got his picture in the Funk and Wagnalls under scumbag.