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  • Axxe55

    Retiretgtshit stirrer
    Rating - 0%
    0   0   0
    Dec 15, 2019
    47,021
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    Lost in East Texas Elhart Texas
    I just want to find the route that impacts State Farm the most at this point....if that makes any sense.
    Having to deal with YOUR insurance company vs you is going to do just that. They don't play nice over claims - your insurance is going to tell them EXACTLY how the cow ate the cabbage - just before they shove said cow up their ass.

    @TexasRedneck is pretty much on point. One insurance company dealing with another, changed the entire game for the other parties insurance company. They are not going to be dealing with you which they felt was an easy game. Entirely different game now.
     

    SURVIVOR619

    Well-Known
    Lifetime Member
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    7   0   0
    Dec 31, 2017
    2,349
    96
    US
    If I file under my insurance and surrender the vehicle to them, when they go to subrogate their claim to the other parties insurance, do they claim the entire value or the value minus what they recovered on the truck at auction?

    Your carrier will only be able to collect anything they didn't net from their sale of the salvage. Simple example:

    Truck fair market value: $25,000
    Salvage sells for: $2500
    Subrogation Demand: $22,500

    Note, the subrogation process involves you transferring your rights to collect over to your insurer which allows them to collect your deductible on your behalf.

    If your carrier did not outright offer to wave your deductible, ask them to. Reason: there is a valid policy for the liable third-party and that carrier accepted liability for the loss. Most carriers will waive their insured's deductible in these scenarios unless the third-party has low/insufficient limit of liability.
     

    SURVIVOR619

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    7   0   0
    Dec 31, 2017
    2,349
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    Another reason to inquire with your insurer about waiving your deductible is that they won't send their subrogation demand to the liable carrier until the sale of your salvage truck. Depending on your carrier's operating model, this could be several weeks and you wouldn't want to wait for that process to recover your deductible.

    If your carrier does not waive your deductible, (a) ask them to send notice of their intent to subro with proof of your deductible amount and a request St. Farm advance the deductible to you and (b) find a new insurer as there are carriers out there who will gladly waive your deductible in this particular circumstance (valid policy at third-party carrier; liability accepted; no PD limit issue).
     

    lonestardiver

    TGT Addict
    Rating - 100%
    7   0   0
    Dec 12, 2010
    4,615
    96
    Eagle Mountain Lake area
    I understand the subrogation process. I went through that a few years back on a motorcycle when I ended up filing with my insurance company due to the other company being more interested in getting the bike than paying me a fair amount.

    I am waiting for my carrier to come back with a price. In theory I have a claim for the sales tax value so I not sure how I get to approach State Farm on that one. I have a call with a person at Texas Deprtment of Insurance on that on Monday.

    My carrier does take a deductible until the subrogation is complete. Probably time to move back to USAA.



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    Sam7sf

    TGT Addict
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    10   0   0
    Apr 13, 2018
    12,464
    96
    Texas
    Just thought I’d add my two dunk cents. Unfortunately if it’s a ford or dodge it’s not worth fixing.
    You’re welcome.
     

    Texas45

    Well-Known
    BANNED!!!
    Rating - 100%
    1   0   0
    Dec 10, 2020
    1,496
    96
    Not where you are
    Just thought I’d add my two dunk cents. Unfortunately if it’s a ford or dodge it’s not worth fixing.
    You’re welcome.

    #1 again
    44yrs in a row.
    Must suck to be a loyal cheby truck owner.



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    lonestardiver

    TGT Addict
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    7   0   0
    Dec 12, 2010
    4,615
    96
    Eagle Mountain Lake area
    Well this saga is over.
    During all the trials and tribulations I had been looking for replacement trucks so when the time came I could jump in this stupid vehicle market.

    I agreed on things with my insurance after they redid their numbers while threatening to arbitrate the amount. They paid the bank yesterday and may part as well. Bank approved me for a new loan...had 2 I was interested in. After checking out a couple more yesterday. While doing that State Farm called saying they wanted their rental back...I gave them a ration of words on their failure to act and dragging things out for so long with nothing accomplished. I told them just give me a couple more days to get the replacement truck lined up. She said she would run it up the flagpole and let me know.

    Fast forward to today..redrove this one truck before deciding on it. Had finalized everything and was about to head to Hertz to drop it off and I get a call from hertz saying State Farm had stopped the contract a week ago and I was liable for the rest.

    I told hertz I was on my way and was going to chew State Farm a new one....by the time I got to Hertz I was grousing all over the State Farm agent reminding him about all the shortcoming and failures of theirs throughout this 2 month long ordeal. In the end they extended the contract so I was not out any more money. Then I said, what about my deductible for having to file on my insurance due to your companies inept actions......got a call back a bit later with word the is a check on the way.

    Now I have replaced my truck with a same year certified pre-owned but up level in trim. And get this, my payments are lower now.
     

    Txhillbilly

    Active Member
    Rating - 100%
    2   0   0
    Aug 2, 2008
    966
    76
    North Texas
    Glad you got everything worked out and congrats on finding another truck like you had.

    One thing that a lot of people don't realize is that if you OWN your vehicle, no matter if it is totaled in an accident, it's still your property after the insurance company pays the claim.
    They only have a policy that you pay for, they do not own your property after paying a claim on it.
    Do not let an insurance company steal your property if you have a clear title for it in your possession.

    I've had it out twice with insurance companies over this issue. I had a truck and a Harley stolen back in the 80's & 90's that I owned. Both were stripped and found. The insurance companies tried to lay claim to both after I got them from the police impound yard.
    Both times, they went away empty handed.
     
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