A car and Insurance Problem, Someone help Accident?

Question

I moved into my new apartment on march 31st, unfortunately on the same day I had an auto accident on the same day. I hit a wooden beam of a 4 beamed wooden bus stop, split the beam in two and that was it. This happened at 1am in the morning, I called the police and he thought it wasn't serious so he didn't come out. I left my very nice car at scene(side of the complex) and went back to my apartment for the morning to sleep(Moving all day and was very tired). I did file a claim with my insurance company before I slept.

The next day I presume the manager saw the accident and left his card in my window saying that he was going to call the police for hit and run on the back if I don't contact him. He called the police anyway before I contacted him. Later that night me and the officer, that I contacted right after I hit the pole, and the same officer responded to the manager's police report, we met and he got my insurance down and he went on his way.

Answer 1

The kicking out is one thing - I don't think they can do that, legally.

But the insurance claim is another.

It doesn't happen, that your insurance goes up X amount if they pay $2,000, and 2X if they pay $4,000, and 3X if they pay $6,000.  IT DOEN"T MATTER.

It's also highly likely that the one beam can't be replaced - the whole bus stop has to.

Bottom line - forward the invoice to your insurance company, let them deal with it.  it's not going to cost you "more".

Answer 2

If you are with an agent, I would contact their office for assistance. Adjusters can be hard to track down as they are constantly reviewing claims and often out of the office in order to do so. If you went through an internet service, call their customer service number listed on your policy and try to reach someone in the claims department to get status on the claim. You also need to get a copy of that letter to your adjuster ASAP for their records so that they are aware of action by the apartment complex.

Usually, the insurance company will trying to pursue negotiations with the company to reach a settlement and will want an itemized bill detailing parts, labor and other costs. It is not unheard of these taking up to six months or more to settle, especially when the company uses someone in-house which could cause the fees to be artificially inflated and be out of line with other local vendors' bids for the same type of repair. Your insurance company will only pay for usual and customary fees - management oversight is not usual or customary so that will likely be denied. You'll need to keep abreast of the settlement negotiations as well because depending on the terms the apartment company can still come after you for the amount not covered by the insurance company.

Also, you should review your rental agreement with the complex and see if they have any language in it that allows them to void your contract in the event of property damage and the timeframe within which they must give you notice after the event in which the damage occurred (60-90 days). However, depending on the laws governing your area, there usually is proper procedure for removal of a tenant and it's possible that they may not be following it. Eviction notices usually require 30 days notice - again this will be subject to the laws in your city. In this area, you'll probably want to consult a lawyer to see if they are breaching their contract (rental agreement) with you and avenues of recourse.

Regardless, if this isn't settled by July 1 - still pay your rent and keep proof that you did try to pay if they return your check. If you don't, they can try to lock you out of your apartment for non-payment of rent and will then have a better case against you for removal.

Best of luck.

Answer 3

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Answer 4

First, I would send a copy of the letter to your adjuster.   Your adjuster will be able to tell you what is going on with the claim, that they have made an offer, etc.  Your insurance company will probably not pay adminstrative costs, which is part of the cost they are asking you for.  They will pay reasonable & customary cost for the beam (find out from your local building supply store) and a reasonable labor rate.  I see that the maintenance man did this, the company will probably only pay what the hourly age of this worker is.  They will want to either see the damage by sending their adjuster out, see the bill from the company that did the work with all of the cost broken out or see the payout from the apartment complex's insurance company.  They will verify all of the costs.

You need to contact the apartment management, tell them to talk to your insurance company for reimbursement of the damages & that they will be hearing from your attorney for wrongful eviction.  Check your eviction laws in your state.  I'm sure it has to be for cause (accidents happen & you reported it to your insurance company like you were supposed to do) & they have to give you a certain amount of days notice.  I never heard of less than 30 days.  They are probably mad that they were not offered what they want.

It may be worth it to talk to an attorney for the eviction part, see if you can get a short appointment for a flat fee to see what the laws in your state are.