My question involves an accident that occurred in North Carolina. Short version is that I was rear-ended one morning on the way to work, and the other driver was 100% at fault. I have a personal injury lawyer handling the injury side of things, but they apparently do not deal with the vehicle damage side. The other drivers insurance sent out an adjuster and they totaled my vehicle out and have offered me $9000.00 for the value. I had purchased the car about 6 or 7 months earlier from Carmax for about $14,000.00. I currently owe just under $13,000.00. When I initially refused the $9000.00 offer, the representative stated that I could show them comparables to try and prove that my vehicle was worth more. The first time I sent comparables, the rep stated that they were too far away. Then I sent "local" comparables, and she stated the mileage was different. I then found a vehicle close by that was close to mine in mileage and the same year and she completely ignored it. She only replied back asking if I was ready to move forward. When I replied and said I'd move forward if they re-evaluated that value of my vehicle, I was again ignored.
A few weeks later, she sent the same email, I replied with the same response, and was again ignored. She then sent an email stating that since she had not heard from me, she assumed that I was withdrawing my claim. I told her in no uncertain terms that I was absolutely NOT withdrawing my claim. I then went online and filed a complaint with the NC department of Insurance, and then emailed the rep to inform of that. She then replied claiming that she had not heard from me since the end of February, and assumed I was withdrawing. She also tried to defend herself regarding the comparables. She then stated that we need to "conclude the claim" and that she needs a power of attorney form signed and notarized, and it has to be done within 10 days, or she will just close out the claim.
So.. here's my question.. My vehicle was purchased without a trade-in, and no upside down value from another vehicle. The rep ignores this fact, and the last comp I sent her. Do I have any recourse against this insurance company? Can I take them to court? What do I do if they close out this claim without paying? Thanks in advance for all your help!
Dave
A few weeks later, she sent the same email, I replied with the same response, and was again ignored. She then sent an email stating that since she had not heard from me, she assumed that I was withdrawing my claim. I told her in no uncertain terms that I was absolutely NOT withdrawing my claim. I then went online and filed a complaint with the NC department of Insurance, and then emailed the rep to inform of that. She then replied claiming that she had not heard from me since the end of February, and assumed I was withdrawing. She also tried to defend herself regarding the comparables. She then stated that we need to "conclude the claim" and that she needs a power of attorney form signed and notarized, and it has to be done within 10 days, or she will just close out the claim.
So.. here's my question.. My vehicle was purchased without a trade-in, and no upside down value from another vehicle. The rep ignores this fact, and the last comp I sent her. Do I have any recourse against this insurance company? Can I take them to court? What do I do if they close out this claim without paying? Thanks in advance for all your help!
Dave
Traffic Accidents: At Fault Drivers Insurance Doesn't Want to Pay
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