follow ft86club on our blog, twitter or facebook.
FT86CLUB
Ft86Club
Speed By Design
Register Garage Members List Calendar Search Today's Posts Mark Forums Read

Go Back   Toyota GR86, 86, FR-S and Subaru BRZ Forum & Owners Community - FT86CLUB > 1st Gens: Scion FR-S / Toyota 86 / Subaru BRZ > BRZ First-Gen (2012+) -- General Topics

BRZ First-Gen (2012+) -- General Topics All discussions about the first-gen Subaru BRZ coupe


User Tag List

Reply
 
Thread Tools Search this Thread
Old 08-17-2019, 06:09 PM   #1
mitama
Member
 
Join Date: May 2018
Drives: BRZ
Location: CA
Posts: 65
Thanks: 0
Thanked 8 Times in 6 Posts
Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
I got a letter from other person's insurance that i owed

Hi guys!

I had an accident back in April and i only liability insurance that covers $15000 for bodily injury and $5000 for property damage

I paid $13000 to fix my car, and now the other person (who i hit) insurance company sent me a letter saying they paid $12,000 which includes their insured' deductible.

And they are saying they have been informed that their claim exceeds my policy limit, therefore leaving a balance owed by me directly...

Do I really have to pay this..?
I mean.. it seems this insurance company is trying to make up their loss from me. Is this right way to do?

Please advise. Im frustrated.
mitama is offline   Reply With Quote
Old 08-17-2019, 06:15 PM   #2
soundman98
ProCrastinationConsultant
 
soundman98's Avatar
 
Join Date: Sep 2013
Drives: '14 Ranger, '18 Tacoma 4Dr LB
Location: chicago-ish
Posts: 11,326
Thanks: 35,214
Thanked 13,661 Times in 6,778 Posts
Mentioned: 98 Post(s)
Tagged: 0 Thread(s)
They should be contacting your insurance. I would ask your insurance about it.
__________________
"The time you enjoy wasting is not wasted time"
soundman98 is offline   Reply With Quote
The Following 2 Users Say Thank You to soundman98 For This Useful Post:
ScoobsMcGee (08-19-2019), Spuds (08-17-2019)
Old 08-18-2019, 02:39 PM   #3
why?
Only happy when it rains.
 
why?'s Avatar
 
Join Date: Feb 2013
Drives: series.blue
Location: Harnett county NC
Posts: 1,995
Thanks: 5,698
Thanked 1,263 Times in 749 Posts
Mentioned: 25 Post(s)
Tagged: 0 Thread(s)
They are assholes. Throw it in the trash.
why? is offline   Reply With Quote
Old 08-18-2019, 03:20 PM   #4
Lonewolf
Senior Member
 
Lonewolf's Avatar
 
Join Date: Dec 2011
Drives: Moped
Location: CA
Posts: 4,298
Thanks: 4,897
Thanked 2,128 Times in 1,193 Posts
Mentioned: 21 Post(s)
Tagged: 0 Thread(s)
Quote:
Originally Posted by mitama View Post
Hi guys!

I had an accident back in April and i only liability insurance that covers $15000 for bodily injury and $5000 for property damage

I paid $13000 to fix my car, and now the other person (who i hit) insurance company sent me a letter saying they paid $12,000 which includes their insured' deductible.

And they are saying they have been informed that their claim exceeds my policy limit, therefore leaving a balance owed by me directly...

Do I really have to pay this..?
I mean.. it seems this insurance company is trying to make up their loss from me. Is this right way to do?

Please advise. Im frustrated.

Don't ignore it. Forward the letter to your insurance agent asap, and do not discuss policy limits with the other person or their insurance company. Ask your insurance company what they will be doing to address the situation. If you are unsatisfied with their response, consider seeking legal counsel to protect your interests.
Lonewolf is offline   Reply With Quote
The Following User Says Thank You to Lonewolf For This Useful Post:
why? (08-19-2019)
Old 08-18-2019, 05:13 PM   #5
EAGLE5
Dismember
 
EAGLE5's Avatar
 
Join Date: Mar 2013
Drives: 2013 Red Scion FR-S
Location: Castro Valley
Posts: 5,557
Thanks: 2,152
Thanked 3,999 Times in 2,155 Posts
Mentioned: 43 Post(s)
Tagged: 1 Thread(s)
Garage
If you have 5k in property coverage, you're accountable for all damage over that amount. It's called being under-insured. Maybe you can settle for something less, if you don't have the assets.

I have 100k for property damage plus an umbrella policy. I could crash into almost anything and be fine, at least liability wise.
EAGLE5 is offline   Reply With Quote
The Following 6 Users Say Thank You to EAGLE5 For This Useful Post:
extrashaky (08-18-2019), maslin (08-19-2019), Opie (08-20-2019), soundman98 (08-18-2019), spike021 (08-19-2019), Yoshoobaroo (04-16-2022)
Old 08-18-2019, 05:42 PM   #6
extrashaky
Senior Member
 
Join Date: Mar 2014
Drives: 2014 BRZ Limited
Location: USA
Posts: 4,045
Thanks: 1,100
Thanked 5,618 Times in 2,266 Posts
Mentioned: 55 Post(s)
Tagged: 1 Thread(s)
You need to speak with a lawyer. Soon.

Usually the other insurer can sue you for damages above what your policy paid. Turn it around the other way. Suppose someone smashed your car while it was parked and caused $20K in damage, but they only had $10K in coverage. Should you have to come up with $10K to fix your car?

Suppose you filed a claim with your comprehensive coverage instead. Your insurer gets the $10K from the other driver's insurance through subrogation. Should your insurer have to pay the extra $10K when it was the other guy's fault? Your insurer agreed to accept your risk, not the other guy who didn't buy enough insurance. If we didn't have the incentive of potentially getting sued, everybody would just buy the minimums, nobody would ever be made whole after an accident and rates for comprehensive insurance would skyrocket.

Sometimes state insurance regulations put limits on how insurers can recover, so you need to speak with a lawyer and not rely on the idiotic responses posted on a message board. A lawyer will be able to lay out your options and help you find the best way through this.

But whatever you do, don't ignore it, unless you just like having judgments entered against you that result in liens against your property and bank account.
extrashaky is offline   Reply With Quote
The Following 2 Users Say Thank You to extrashaky For This Useful Post:
Flarpswitch (04-16-2022), soundman98 (08-18-2019)
Old 08-18-2019, 05:56 PM   #7
86MLR
Senior Member
 
86MLR's Avatar
 
Join Date: Aug 2018
Drives: 2002 VX Commodore SS LS1 Auto
Location: Sydney
Posts: 2,203
Thanks: 500
Thanked 2,185 Times in 1,111 Posts
Mentioned: 13 Post(s)
Tagged: 0 Thread(s)
Compulsory third party for around $20 million, costs me around $500 a year, covers people and property

Plus

Comprehensive insurance, cover my vehilce and their vehicle if I'm at fault in an accident, $1000 a year

Plus rego, $500

Total cost to keep car on the road legaly with no risk, around $2k a year

Oh, and by no risk, you need to be sober and not on drugs, if you are found to be over the legal alchol limit, or on drugs, all claims will be denied

That's not just illegal drugs, that also covers misuse of prescription drugs

PPPPP
__________________
Disclaimer: This post represents the official views of the voices in my head at the time of posting.
http://www.ft86club.com/forums/showthread.php?t=133311
I'm only here for the biscuits
86MLR is offline   Reply With Quote
The Following 3 Users Say Thank You to 86MLR For This Useful Post:
Flarpswitch (04-16-2022), Opie (08-20-2019), soundman98 (08-18-2019)
Old 08-19-2019, 06:22 AM   #8
Grady
Senior Member
 
Grady's Avatar
 
Join Date: Jun 2017
Drives: BRZ Yellow, 2019 Ranger, 2011 Evora
Location: Dallas
Posts: 1,682
Thanks: 352
Thanked 1,473 Times in 770 Posts
Mentioned: 14 Post(s)
Tagged: 1 Thread(s)
Garage
Yes you can be liable for this. If this is the first letter and it did not come certified yes throw it in the trash and move on. The only way they can make you pay is to take you court and get a judgment against you. Until you get a summons to appear in court don't worry about it. If you do you will have chose to have your insurance company or a lawyer represent you. FYI the insurance company has lawyers that you have paid already. I have been through this with my Son. Similar situation, they sued my son personally for $1,000,000. Sent info to insurance company they worked it out he never had to go to court. it is a ploy to get more money from your insurance. company.
Grady is offline   Reply With Quote
Old 08-19-2019, 11:31 AM   #9
mitama
Member
 
Join Date: May 2018
Drives: BRZ
Location: CA
Posts: 65
Thanks: 0
Thanked 8 Times in 6 Posts
Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quote:
Originally Posted by Grady View Post
Yes you can be liable for this. If this is the first letter and it did not come certified yes throw it in the trash and move on. The only way they can make you pay is to take you court and get a judgment against you. Until you get a summons to appear in court don't worry about it. If you do you will have chose to have your insurance company or a lawyer represent you. FYI the insurance company has lawyers that you have paid already. I have been through this with my Son. Similar situation, they sued my son personally for $1,000,000. Sent info to insurance company they worked it out he never had to go to court. it is a ploy to get more money from your insurance. company.
Thanks.. I literally have $100 in my bank account. I can't afford to pay this.

Will I go to jail if I go to court and have to pay this and I can't pay?

I don't even have any assets except my car
mitama is offline   Reply With Quote
Old 08-19-2019, 11:40 AM   #10
Tcoat
Senior Member
 
Tcoat's Avatar
 
Join Date: Jul 2014
Drives: 2020 Hakone
Location: London, Ont
Posts: 69,845
Thanks: 61,656
Thanked 108,283 Times in 46,456 Posts
Mentioned: 2494 Post(s)
Tagged: 50 Thread(s)
Quote:
Originally Posted by mitama View Post
Thanks.. I literally have $100 in my bank account. I can't afford to pay this.

Will I go to jail if I go to court and have to pay this and I can't pay?

I don't even have any assets except my car
No you can't go to jail. They haven't had debtor's prisons for a while now. It will play havoc with your credit score for a long time.
As said you need to talk to your insurance company and see if they have indeed already paid out the max and that you are on the hook for the rest. Once you know where you really stand then you can work to correct it.
__________________
Racecar spelled backwards is Racecar, because Racecar.
Tcoat is offline   Reply With Quote
The Following 6 Users Say Thank You to Tcoat For This Useful Post:
Dadhawk (08-19-2019), finch1750 (08-19-2019), Grady (08-19-2019), SmaxxSmith (08-21-2019), soundman98 (08-19-2019), spike021 (08-19-2019)
Old 08-19-2019, 01:24 PM   #11
Grady
Senior Member
 
Grady's Avatar
 
Join Date: Jun 2017
Drives: BRZ Yellow, 2019 Ranger, 2011 Evora
Location: Dallas
Posts: 1,682
Thanks: 352
Thanked 1,473 Times in 770 Posts
Mentioned: 14 Post(s)
Tagged: 1 Thread(s)
Garage
Quote:
Originally Posted by mitama View Post
Thanks.. I literally have $100 in my bank account. I can't afford to pay this.

Will I go to jail if I go to court and have to pay this and I can't pay?

I don't even have any assets except my car
Ignore all letters they send you! Do not talk to them on the phone! They are trying to bully/scare you into paying. You do not owe them anything until you have a settlement against you in court. It is a waste of time for them to get a settlement against you. If they sue you it is just do that to get more out of your insurance company.
Grady is offline   Reply With Quote
Old 08-19-2019, 01:44 PM   #12
Tcoat
Senior Member
 
Tcoat's Avatar
 
Join Date: Jul 2014
Drives: 2020 Hakone
Location: London, Ont
Posts: 69,845
Thanks: 61,656
Thanked 108,283 Times in 46,456 Posts
Mentioned: 2494 Post(s)
Tagged: 50 Thread(s)
Quote:
Originally Posted by Grady View Post
Ignore all letters they send you! Do not talk to them on the phone! They are trying to bully/scare you into paying. You do not owe them anything until you have a settlement against you in court. It is a waste of time for them to get a settlement against you. If they sue you it is just do that to get more out of your insurance company.
This is horrible advice. If the costs did indeed exceed his woefully inadequate insurance then the other insurance company is well within their rights to recoup those costs from him directly. His coverage was for only $5,000and the costs to the insurance company were $12,000 this leave a shitload of cash on the table. Ignoring the letters and pushing it to court could only make the whole thing worse for him.


He is a fault. He admits he is at fault. Why should somebody else (yes, even an insurance company) take the hit for his accident? The moral of the story is that if you can't afford to properly insure your car you shouldn't be driving it.


If this was flipped around and he was saying some underinsured guy hit him then everybody here would be screaming for their blood since they were just a horrible human and should not be allowed on the road.
__________________
Racecar spelled backwards is Racecar, because Racecar.
Tcoat is offline   Reply With Quote
The Following 12 Users Say Thank You to Tcoat For This Useful Post:
Dadhawk (08-19-2019), extrashaky (08-22-2019), Flarpswitch (04-16-2022), Grady (08-19-2019), mazeroni (08-21-2019), NCtoBRZ (08-22-2019), Opie (08-20-2019), Pedro13 (08-20-2019), SmaxxSmith (08-21-2019), soulreapersteve (08-23-2019), soundman98 (08-19-2019), spike021 (08-19-2019)
Old 08-19-2019, 02:01 PM   #13
mitama
Member
 
Join Date: May 2018
Drives: BRZ
Location: CA
Posts: 65
Thanks: 0
Thanked 8 Times in 6 Posts
Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quote:
Originally Posted by Tcoat View Post
This is horrible advice. If the costs did indeed exceed his woefully inadequate insurance then the other insurance company is well within their rights to recoup those costs from him directly. His coverage was for only $5,000and the costs to the insurance company were $12,000 this leave a shitload of cash on the table. Ignoring the letters and pushing it to court could only make the whole thing worse for him.


He is a fault. He admits he is at fault. Why should somebody else (yes, even an insurance company) take the hit for his accident? The moral of the story is that if you can't afford to properly insure your car you shouldn't be driving it.


If this was flipped around and he was saying some underinsured guy hit him then everybody here would be screaming for their blood since they were just a horrible human and should not be allowed on the road.
My insurance claim department is not even pickinup..

F*** Geic*

So once I figure out my insurance company has paid the max.

What would you recommend to do next? Call their insurance company and tell them I have no money..?

I can't even hire a lawyer. I have $100 in my bank account
mitama is offline   Reply With Quote
The Following User Says Thank You to mitama For This Useful Post:
Tcoat (08-19-2019)
Old 08-19-2019, 02:19 PM   #14
Tcoat
Senior Member
 
Tcoat's Avatar
 
Join Date: Jul 2014
Drives: 2020 Hakone
Location: London, Ont
Posts: 69,845
Thanks: 61,656
Thanked 108,283 Times in 46,456 Posts
Mentioned: 2494 Post(s)
Tagged: 50 Thread(s)
Quote:
Originally Posted by mitama View Post
My insurance claim department is not even pickinup..

F*** Geic*

So once I figure out my insurance company has paid the max.

What would you recommend to do next? Call their insurance company and tell them I have no money..?

I can't even hire a lawyer. I have $100 in my bank account
I am going to make some assumptions here so correct me if anything is wrong.


You are distinctly at fault in the accident. You received a ticket or charge and did not fight it. It is now too late to get a lawyer and try to fight the level of responsibility.
Your insurance policy was for up to $5,000 property damage and the repairs were $13,000. This leaves $8,000 left over. Your insurance company is NOT going to cover that since your premiums paid were only for the $5,000 max. The remaining part is your responsibility not theirs.
You have no money but that means nothing when you now owe some. There is really no way to get out of it and the $$ amount is high enough that the other insurance company is not going to just walk away.


What I would do is speak to the other company and see if you can make any arrangements for payments. Ignoring it isn't going to make it go away since the insurance company has a totally legitimate and reasonable claim against you. If they take it to court and get a settlement against you (not having any money is not a defense and they WILL win) then you will end up paying even more since legal and court costs will add up fast and will get tacked onto what you owe. Contacting them and getting a deal made will cost you money but it will be less than a court judgement and will probably not impact your credit score. Even if you had to take out a loan or (I hate to say it) sell the car to cover the costs you may be better off than any forced settlement.


Yes the whole thing sucks but hopefully you now understand the importance of full coverage insurance.
__________________
Racecar spelled backwards is Racecar, because Racecar.
Tcoat is offline   Reply With Quote
The Following 13 Users Say Thank You to Tcoat For This Useful Post:
BigHugeFatGuy (08-23-2019), Dadhawk (08-19-2019), extrashaky (08-22-2019), Flarpswitch (04-16-2022), g e (04-17-2022), JohnJuan (08-20-2019), maslin (08-19-2019), mazeroni (08-21-2019), SmaxxSmith (08-21-2019), soulreapersteve (08-23-2019), soundman98 (08-19-2019), spike021 (08-19-2019), xdavidx (08-19-2019)
 
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Got my letter today WNDSRFR Scion FR-S / Toyota 86 GT86 General Forum 99 01-15-2019 05:22 PM
Insurance question, handing totaled cars over to insurance ZionsWrath Off-Topic Lounge [WARNING: NO POLITICS] 16 05-15-2018 08:15 PM
Got my recall letter Anagman Arizona 9 03-30-2016 09:36 PM
I got a letter by scion slidethis Southern California 12 12-29-2012 02:22 PM
Letter to Scion kmbkk Scion FR-S / Toyota 86 GT86 General Forum 14 06-01-2012 10:54 AM


All times are GMT -4. The time now is 06:58 PM.


Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
User Alert System provided by Advanced User Tagging v3.3.0 (Lite) - vBulletin Mods & Addons Copyright © 2024 DragonByte Technologies Ltd.

Garage vBulletin Plugins by Drive Thru Online, Inc.