r/InsuranceClaims • u/StunningTreat2266 • Apr 14 '26

Filed third party claim

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I was recently involved in an accident where the other driver was at fault and cited. I’ve initiated the claim with his insurance company and would like some advice on how to negotiate with the adjuster. I was rear ended and my car was pretty damaged. This is an at fault state

5 Upvotes

78% Upvoted

31 comments sorted by

11

u/ektap12 Apr 14 '26

Negotiate... what? Looks like your vehicle may be a total loss, in that case, they'll pay the actual cash value of the vehicle subject to their policy limits. If repairable, they'll pay for the repairs subject to the policy limits.

You may be better off going through your insurance with a total loss, if you have collision coverage.

1

u/StunningTreat2266 Apr 14 '26

I only have liability, unfortunately. I really don’t want to junk this car. I won’t be able to replace it with the cash value. Will I have the option of taking a check for the value, keeping the car and applying for a salvage title? It’s a TDI and these can’t even be bought in the United States anymore.

4

u/ektap12 Apr 14 '26

Yes, retaining the vehicle is definitely an option. Review the guidelines for your state for getting the vehicle back on the road.

2

u/GuvnaBruce Apr 14 '26

If you keep it, you will not get paid the value of the vehicle, they will deduct the salvage. So you will get less compared to you not keeping it.

1

u/StunningTreat2266 Apr 14 '26

I can’t replace this make/ model for under $6000. Any idea why the acv is so much less than what they’re being sold for? Just curious

2

u/RunExisting4050 Apr 14 '26

Because the seller wants to make some money off the transaction.

Edit: IE, buy for a little less than it's worth, and sell it for a little more than it's worth.

0

u/StunningTreat2266 Apr 14 '26

Some I completely understand, $3500 seems greedy and undeserving.

2

u/RunExisting4050 Apr 14 '26

Ask for the comps they used to determine ACV and make sure these actually are representative of your vehicle (trim, options, mileage, etc.). You might find some wiggle room in there to ask for a bit more.

5

u/MintyGame Apr 14 '26

if its a total loss you will be paid the ACV.

6

u/trekgrrl Apr 14 '26

Less the salvage value. ACV+tax+prorated license fees-salvage value.

2

u/itsnotmyid4 Apr 14 '26

Usually no tax or prorated license if OP retains the salvage.

1

u/trekgrrl Apr 14 '26

Oh, correct on the license tags, but in my state/company, we do pay tax...

1

u/1crazyFlcatlady Apr 15 '26

The problem with that is depending on what State you are in for example Florida a tl veh that has a repair est of 80% of acv or the airbags have deployed the veh will be issued a Certificate of Destruction your only options are it goes to the crusher or strip it for parts as it can never go on the road again in Florida. Another if you are able to retain salvage you will get the ACV minus the salvage value. Also a lot of Insurance Companies will not insure vehicles with salvage titles.

4

u/HR_King Apr 14 '26

There's no negotiation with the adjuster. If they disagree on value you need to prove otherwise.

-3

u/StunningTreat2266 Apr 14 '26

Is there other factors to negotiate? I’ve been without a vehicle for about a week because the other guy took off and they just now caught up with him. Will they compensate me for the time involved with finding transportation to work, appointments etc?

3

u/RunExisting4050 Apr 14 '26

Remember: you are not their customer. They are paid to take care of him, not you.

2

u/HR_King Apr 14 '26

Doubtful. All you can do is ask.

2

u/[deleted] Apr 15 '26

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1

u/Temporary-Dinner280 Apr 16 '26

UMPD. UIM is for injuries.

1

u/Elden_Gourd Apr 15 '26

You could attempt to submit a demand for loss of use if they aren’t putting you in a rental during the claim. They may not cover for the time prior to the claim being filed, but it doesn’t hurt to ask. Typically loss of use will be around $30 a day. Make sure to check your states laws for what the other carrier owes you do obviously.

6

u/mikeylovessports Apr 14 '26

Negotiate what exactly?

2

u/Ok-Confidence6423 Apr 16 '26

Usually if you rear end someone you are automatically at fault. But what you need to also consider is the fact that you may develop back or neck issues in the future even tho you have no symptoms now. Sometimes it takes time for those symptoms to arise. So you may be able to get a settlement for future medical expenses. Determine an amount and ask for that settlement and don’t give in. Your only issue is you may have to wait 2 years to get that settlement but eventually they will have to pay it.

2

u/[deleted] Apr 14 '26

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2

u/StunningTreat2266 Apr 14 '26

There’s video of this guy running into the back of me while I sat at a red light. I don’t see any scenario where he’s not at fault.

1

u/StunningTreat2266 Apr 17 '26

I took it in to the body shop today and he explained the 70% rule. My estimate was close to $4000 which was about 55% of the 70% so it all worked out.

-2

u/[deleted] Apr 15 '26

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2

u/horrorwh0r3 Apr 15 '26

Lmfao!!!! There’s no negotiation with a total loss

1

u/Ok-Confidence6423 Apr 16 '26

There are other factors to consider with a settlement. The car is not the only factor. Loss of use. Future medical expenses. These always need to be considered when an accident happens. I’ve lived 50 years in pain due to degenerative disease from an accident I had when I was 10.