Need a Lawyer

[Andrew Hsieh]

Anyone know of a good lawyer that deals with car insurance claims?

[George Schilling]

Anyone know of a good lawyer that deals with car insurance claims?

That lizzard on TV talks a good game.......and he has an accent that gives him instant credibility. Don't know if he's any good though.

If you want to share, I'm sure you'll get plenty of free advice.

[Steve Ekstrand]

I do know a good one.... But she represents the insurance company.

Times are tough, so the number may be dropping substantially, but most of my litigation friends won't touch a new file unless its worth North of $30,000. On a car claim, let's say it was worth $30K. They handle it and take 35%, it doesn't make any sense for you. No matter how good they are, if the issues are just related to valuing your claim, you'll end up behind. If you found an hourly guy, those rates are usually very steep for a walk in, say $300 and hour and up, just to make a couple of calls or write some letters. You can easily dump $1500 on a bluff.

Depending on your actual situation, I'd like to suggest getting advice here and trying to handle it yourself. But state ethics rules and professional caution mean I have to ignore common sense and recommend you discuss this matter with an attorney.

[Andrew Hsieh]

This is my situation.

I gave permission to my brother to drive my car and long story short, it was totaled.

My insurance company, Wawanesa, will not cover it because I signed an excluded driver agreement. This agreement states that the insurance company will not cover any insurance claims while under the operation of the said name (my brother).

I'm thinking thats ok because my brother's insurance (21st century) should be able to cover it.
But it turns out that 21st century will not cover it as well. My dad gets a reservation of rights letter from 21st century stating that our claim is under investigation because of the following liability:

"Additional Insured Automobile - means an automobile not owned nor available for regular use by you, a relative or a resident of the same household in which you reside, used with the permission of the owner."

My brother’s insurance policy is under my dad’s name and we all live in the same household. 21st century is stating that since we live in the same household, the car does not qualify as an additional insured automobile.

So now I have both insurance companies denying coverage on my car.

[George Schilling]

Review your policies and if those provisions are included, your screwed. As a layperson, it sounds like a stardard policy exclusion. If that's the case, I'm not sure what you'd want a lawyer to do?

When I was a lot younger, I loaned my sister my car for one night. She totaled the car. I was 22. She was 16. We were both young and poor. No insurance. Thankfully, she wasn't hurt. I gave her a hug and told her I loved her. We moved on.

Take a lesson from a young me. Give your brother a hug, tell him you love him, and move on. ;)

[Craig Naylor]

Listen to George...

While not totaled, my sister did a good number on my car in college while I slept in the passenger seat. I was angry with her for weeks (should have been myself... as she was only 16, and driving as I was to tired from staying up all night playing in a snow storm with Friends, that hit Denver overnight on our drive to St. Louis), which turned into a sore subject for years when ever the subject of "cars" (in any form) came up.

We laugh about the actual accident now.... but we remember the pain.

[Steve Ekstrand]

That sounds bad. It seems pretty clear that you're screwed.

But it gets pretty technical. And provisions that exclude are interpreted strictly against the insurance company. You probably do need to get a coverage opinion from an attorney with some knowledge in that area. That's going to cost you. I'm guessing $1500. But its hard to say. Stacey wouldn't give a number guess at all. But it won't be cheap.

[Mako Koiwai]

I wonder what the Severy's did when Ryan's S2000 was wrecked by his friend ?

I know when I crashed my uncle's car, my dad had to send him a check. My Dad was very generous and self sacrificing! But that was "just" some front tires, wheels, suspension bits and alignment.

[George Schilling]

I wonder what the Severy's did when Ryan's S2000 was wrecked by his friend ?

I know when I crashed my uncle's car, my dad had to send him a check. My Dad was very generous and self sacrificing! But that was "just" some front tires, wheels, suspension bits and alignment.

The sticking point in Andrew's case was they all lived under the same roof. Probably wasn't the case with Ryan.

[Craig Naylor]

Sounds like a loophole large enough to drive a Mack truck through... as the parent's policy probably wouldn't cover Andrew anyway as he's to old to be on their policy. So that wouldn't be a choice either.

AAA has threatened to cancel us if we don't exclude our kids from the policy. I just refuse to fill out to paperwork. It goes so far as to state that any "guests of the minor" causing damage to the vehicle is excluded. I could just imagine that some neighborhood kid riding their bike runs into the car on accident, scratches the car... or better yet gets hurt.... the Insurance company argues that the kid is a "friend" of my kid... and no coverage.

If grandma drove the car and took the kids to the park while visiting.... would she also be a "guest of the minor"....

Best part along with the letter threatening cancellation if I don't sign it is.... last lane states I'm signing of my own free will. Nope.... won't sign the paper..... Cancel if you don't sign... free will... really??? Who in their right mind would?

(Ok, I listed one daughter.... as I couldn't sign her up for the Drivers ED with AAA if I didn't... figured that "free will" would be my argument... and it would only apply for the two weeks between the start of the class, and her acquiring the permit and being actually added to the policy)