Mannan J
New Member
- Jurisdiction
- Oregon
I am insured in California, with a former home in California. Since just prior to this accident, I started sleeping in my car as my home. My car is a Prius.
On my way to Washington State for a trip, I got hit by a semi truck driver who was clearly sick, had trouble breathing, and probably deep COVID. It was a two lane highway where he rammed into my back left side twice without seeing me. His insurance took liability, and police report also found him at fault and cited him.
The hit happened on a Thursday. The insurance reporting happened on Monday.
My insurance is Progressive.
I reported to Progressive.
His insurance, Hudson Insurance.
Since starting, my insurance adjuster, I'll call her Hen, has made various statements which turned out to be untrue.
The interactions occurred as follows:
- I report the accident to Progressive
- I get alerted the other insurance took fault, and to call them
- The adjuster from there mentioned totaling my car: which he said "Is what, like $10k?" When he found out it was $15k, he changed his tune. Promised an estimator to come take photo estimates, 3 days later, no response, won't answer my calls, the estimator finally appears 5-6 days later, and that is followed by an eventual photo estimate from the adjuster while he still refuses to answer my calls
- During this time, I am extremely frustrated, scared, and traumatized mentally (this is my home! It has become undriveable, at the time of accident I replaced the tire with a spare, over the course of a week that spare approached dangerous conditions!) I had to figure out how to fix this all by myself, neither of insurance adjusters helped! I found out I could get a new rim, get a new tires installed by Costco. I did this all at my own pocket and dime.
- While I was waiting on the other adjuster's estimator to come, and get an estimate, I spoke to my own adjuster, Hen, and said I wanted to start moving the ball and get a photo estimate from progressive to compare estimates. I wanted to see how they would differ and if/how I would get ripped off my photo estimate
- Why did I not get a physical estimate? I'm living in this car, and need to get a comparable car back while it's in the shop. That didn't seem possible.
- I get a really low estimate from Progressive
- I get a slightly higher estimate from other (about 50% more!), still low
- Both companies eagerly sent a check to my parents home (In Virginia, where I said I'd end up), thinking I'd accept it
- Fast forward today, 1 month later, I have not accepted their checks
- I spoke to a shop in LA- where I am now- and they are again emphasizing this damage is severe and I shouldn't have been driving! I am not a professional, I don't know that sort of thing.
- My insurance, Progressive, has now disclosed (surprise surprise!) that my rental car policy only gives me $30/day! That is not enough for even 1/4th of a car rental. It definitely does not cover one way rental which is what I need, because I will be going to Virginia where I need to end up, and figuring out some other way to get my car back from LA (if it is not totalled/salvaged)
- I want to drive the car back to Virginia over the next week-2 weeks, and find a repair shop there, where I have a home to sleep. I need to get to Hawaii for various professional and personal reasons start of January, and this means I'll need help while its in the repair shop- this is my parents in Virginia.
- If I leave it here, I risk leaving business open and unclosed- and potential needing to pick it back up and drive it back to Virginia *weeks-months* after repairs.
- On the other hand, it is said it is "dangerous" to drive this vehicle. Do I risk my claim here by continually driving it?
What should I do in this situation?
I don't want to go through my insurance anymore, I understand they opened a case. I am not happy with them. I'll be switching away from them in future. I want the other party to take control of this and help me, and not be unresponsive.
Is it legally worth it to hire counsel here? Who do I even hire? The total value of my car is approximately $15k, but the value of the trauma and mental damage, priceless.
On my way to Washington State for a trip, I got hit by a semi truck driver who was clearly sick, had trouble breathing, and probably deep COVID. It was a two lane highway where he rammed into my back left side twice without seeing me. His insurance took liability, and police report also found him at fault and cited him.
The hit happened on a Thursday. The insurance reporting happened on Monday.
My insurance is Progressive.
I reported to Progressive.
His insurance, Hudson Insurance.
Since starting, my insurance adjuster, I'll call her Hen, has made various statements which turned out to be untrue.
The interactions occurred as follows:
- I report the accident to Progressive
- I get alerted the other insurance took fault, and to call them
- The adjuster from there mentioned totaling my car: which he said "Is what, like $10k?" When he found out it was $15k, he changed his tune. Promised an estimator to come take photo estimates, 3 days later, no response, won't answer my calls, the estimator finally appears 5-6 days later, and that is followed by an eventual photo estimate from the adjuster while he still refuses to answer my calls
- During this time, I am extremely frustrated, scared, and traumatized mentally (this is my home! It has become undriveable, at the time of accident I replaced the tire with a spare, over the course of a week that spare approached dangerous conditions!) I had to figure out how to fix this all by myself, neither of insurance adjusters helped! I found out I could get a new rim, get a new tires installed by Costco. I did this all at my own pocket and dime.
- While I was waiting on the other adjuster's estimator to come, and get an estimate, I spoke to my own adjuster, Hen, and said I wanted to start moving the ball and get a photo estimate from progressive to compare estimates. I wanted to see how they would differ and if/how I would get ripped off my photo estimate
- Why did I not get a physical estimate? I'm living in this car, and need to get a comparable car back while it's in the shop. That didn't seem possible.
- I get a really low estimate from Progressive
- I get a slightly higher estimate from other (about 50% more!), still low
- Both companies eagerly sent a check to my parents home (In Virginia, where I said I'd end up), thinking I'd accept it
- Fast forward today, 1 month later, I have not accepted their checks
- I spoke to a shop in LA- where I am now- and they are again emphasizing this damage is severe and I shouldn't have been driving! I am not a professional, I don't know that sort of thing.
- My insurance, Progressive, has now disclosed (surprise surprise!) that my rental car policy only gives me $30/day! That is not enough for even 1/4th of a car rental. It definitely does not cover one way rental which is what I need, because I will be going to Virginia where I need to end up, and figuring out some other way to get my car back from LA (if it is not totalled/salvaged)
- I want to drive the car back to Virginia over the next week-2 weeks, and find a repair shop there, where I have a home to sleep. I need to get to Hawaii for various professional and personal reasons start of January, and this means I'll need help while its in the repair shop- this is my parents in Virginia.
- If I leave it here, I risk leaving business open and unclosed- and potential needing to pick it back up and drive it back to Virginia *weeks-months* after repairs.
- On the other hand, it is said it is "dangerous" to drive this vehicle. Do I risk my claim here by continually driving it?
What should I do in this situation?
I don't want to go through my insurance anymore, I understand they opened a case. I am not happy with them. I'll be switching away from them in future. I want the other party to take control of this and help me, and not be unresponsive.
Is it legally worth it to hire counsel here? Who do I even hire? The total value of my car is approximately $15k, but the value of the trauma and mental damage, priceless.
