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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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Carrier Auto Insurance. My husband had a wreck in his semi

Customer Question

Carrier Auto Insurance. My husband had a wreck in his semi two weeks ago. The insurance company called today to offer a settlement for 100% loss. The settlement value is $21,???. Our policy Schedule is $35,000.00. Our policy states that the most they will pay for "loss" to any one covered "auto" in any one "accident" is the lesser of: a. The stated amount as shown in teh Schedule of Covered "auto"; b. The actual cash value of teh damaged or stolen property at teh time of "loss" or c. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality.
My question is 1, who make the determination of the above methods used to offer settlement? Are there laws governing which method is used? 2. I received their "source" for estimates. The estimates provided are not as equal to my husband's truck. Is this bad faith and can I request a different estimater without giving up my rights? 3. Can my husband claim lost wages for this claim.
Submitted: 7 years ago.
Category: Legal
Expert:  Ray replied 7 years ago.
1, who make the determination of the above methods used to offer settlement? Are there laws governing which method is used?
No these guys are sneaky.Having recently gone through this myself they use this magic"software" They don't use book vlaues here.so the best thinkg you can do other than arguing is locate similar replacement vehicles and their values and keep arguing as there is certainly wiggle room here.


2. I received their "source" for estimates. The estimates provided are not as equal to my husband's truck. Is this bad faith and can I request a different estimater without giving up my rights?
Yes and keep arguing here.


3. Can my husband claim lost wages for this claim.

If he has PIP==personal injury protection if he misses time because of injury here then yes.Maybe he needs to visit the doctor here and get checked out.He may need to repreat and check back in with the doctor as he is going to have continued aches and pains from the accident--are you understanding my logic here. You need to play the game here and seek some medical treatment and evaluation. This will improve your overall outcome here in resolving this.


File a complaint here arguing that they are not adjusting in good faith etc..this will get you a better adjsuter as they take complaints real serious--it messes them up with the state..

http://www.ok.gov/oid/Consumers/Consumer_Assistance/Consumer_Assistance_Claims/index.html


Edited by RayAnswers on 11/1/2009 at 2:20 PM EST

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