Yeah, I know that 's a bad subject, but here it is.

October 15th 2006 My truck (while parked) was hit by a 38 foot 10,000 lb boat that was launched off it's tri axle trailer after the truck hauling it hit a mini van, went through a guardrail, and jack knifed. My truck was hit across the front and was shoved backward 3 to 4 feet into my boat trailer which then shot back another 3-4 feet.
ALLSTATE is the other guys ins. co. and they are agreeing to the $6,000+ in body damage to my truck, but are refusing to fix the manual transmission which now has a tooth missing on third gear (the gear it was in when it was hit) The ins. guy says there is no way that the gears could have been broken due to the impact, since "3rd gear is not a locking gear and the truck would have just rolled" I said, well then you explain the skid marks from MY truck while it was Parked.
Anyway they told the body shop (I actually have a copy of the note) to have the trans torn down and looked at. Now ALLSTATE wants ME to cover the cost of removing and inspecting the trans because they state it's not their fault.
I was ****** after hearing from the adjuster who kept cutting me off. I drove to the transmission shop and asked the worker and the owner if there is any way this could have been "wear and tear " like the guy said. They said, teeth don't break off like this from wear and tear and that they both argued with him about it. ALLSTATE is trying to say that the rear bearing was bad (which the trans shop says is true) and that the extra "play" in the transmission caused the breakage. Transmission shop says "yes the bearing was worn, NO it didn't cause the break.
I decide to go through my own insurance company...not looking good either. They will take over, but they want me to use their facility, which may cost me more in the long run. I have a $1000. deductable i would have to front, AND I would lose the rental I have through ALLSTATE. I don't know what to do. It wasn't my fault, but whatever I do now I am out at least $1,000. Which I don't have.
What to do, what to do
To top it off, I haul a jobsite trailer at least 1 time a week and this POS Chevy 1500 they gave me won't pull the **** thing over 50mph and my current job is 65 miles away!! I told the adjuster that too and he was just silent on the phone.
ANY advice herewould be great. Thanks, Dan

 

try to get your insurance company to work for you and do the hard stuff, if not get an attorney.
good luck

 

I know if you are a State Farm customer and turn the claim in to them (not your fault) they pay it, you pay your deductible, and they will subrogate to the other company and get back their money and your deductible. Your insurance company may do that too.

Good luck

 

You need a lawyer that loves his truck as much as you do yours.

 

If you turn it to your insurance company to do battle for you, (at least up here) you are entitled to take your vehicle to any licensed repair shop that "you" deem competant (want to).

Yep, State Farm here has their list of "approved" repair shops as well - they pounded sand with that list when my '90 half ton was run into and I got them to do battle because the other insurance was being a pain.

My replacement clause states that they must provide me a vehicle "equivalent" to my loss of use vehicle. In your case, that 1500 isn't. Let your agent know that too. Get him to get on the other insurance guys' backside.

 

Getcha an attorney, have it fixed, and submit the claim to your insurance company and let the insurance companies and the attorney fight it out. Get you a rental truck that will do what you need it to do, so you can continue your lifestyle! These insurance companies rip us off all the time, now its your turn to use what you pay for every month! Legally, at least here in Ca. YOUR entitled to it! This was not YOUR fault!

 

Your deductible is only protected if you put it in your initial contract. Not all go after the deductible on your behalf. If Ohio is no-fault, like up here, we have a cap on mini-tortes at $500 to be able to go after the deductible in non-injury cases. Being small claims, it's you vs. him, no lawyers. If he has good insurance, then they will pay him back.

 

So they call me today to tell me that they ARE totalling the truck out AND that they are lowering the value because the trans is junk. They want to give me $14,500 for the truck !!!!!!!!!!!!!!!!!! And the buyback is still at $8500.00 *** ?!?!!?!?!?!!?!?!?
Anybody here a lawyer ?? Seems if there is no injury that they don't want the case !!
SCREW ALLSTATE !!

 

my greatest advice is to now go look into legal representation! im still dealing with my accident from january. only now with my lawyer involved is stuff coming together! it seems the nicer you try to be.. the more they push you around.. way too common these days. i also seggest you get picks of the skid marks and go talk to a reputable tranmission shop and tell them about the accident, and what thier opinion is! try georand bros. or such too. i know dave would probably give as much help as possible! i am going thru a similar situation with my front steering/suspention. finally found a AWSOME alignment shop and got them to look. (they asked why i was still driving my truck) .. soon i will get it fixxed . im just happy my commute to work is only 5 miles currently!

good luck and dont settle for second! soory to hear about your truck

Bryan

 

take the 14500 and run.b uy another truck.

 

Yeah,sure I'll take the 14,500. Pay part of the 17,000 I still owe on the truck and be SOL. No this is b.s. and I'll go broke fighting if I have to. I am NOT backin off this one.
Two weeks ago I had a truck that took me wher I nee3ded to go and hauled what I needed to. Now through absolutely NO fault of mine I have no real truck AND after friday I have No transportation since my other truck has been sittin and now needs work.

 

sorry. i thought u were talkin bout was the 95. if its the newer one i see on your sig i can understand why u are mad. its awful the way insurance companies treat the consumer. their talk about how they are there for you. they should say that they are their for you as long as you dont submit a claim.then we will screw you because all we sold you was peace of mind for your money. you are a valued customer as long as they take your money without paying anything out. when they pay you money you are a losing in vestment,when you pay them moneyits all wonderfull.they get money for sellin you a what if.they are hoping we as consumers never file a claim and cut into the money we have been giving them.somebody has to get **** raped so the big wigs can rake the dividend checks in.i recentley got screwed by my ins. company after 5 years of those outrageous premiums. i feel for ya ,sorry for the long winded post.time to sang the blues

 

I am currently in the middle of two litigations. One with Allstate, the second with American Family (my insurance co.)

I was involved in two seperate accidents (neither my fault), both a year to the day apart (Jan 3rd, 05 & 06.)

I have been through therapy for almost 2 years, everything from Chiropractor to BoTox injections into my back. My issue is that my back has become so spastic that I can't go through the day without pain medication, nothing has helped me at all.

Allstate is a Pain, they don't want to pony up for even the medical bills. That will be a court battle. American Family is who I am making a claim for, against my 'Uninsured' Motorist coverage. The second accident the guy didn't have a license, insurance and was driving his pastor's car. It has been over 6 months since I have tried to settle this one (without attorney) and although my medical is @ $20k they only offered me $5000 total. I more than likely will have to take them to court for 'Bad Faith' because they haven't ponied up.

You have a really LONG difficult road ahead. Insurance companies now-a-days are so friggin ridiculous and it's almost like you have to loose a arm or leg literally for them to say "yeah, you got hurt."

Just plan that this will take you about 2-3 years cause you need a high priced, heavy hitting attorney. It's almost not worth it, yet it is in the same token!!

Good luck to you and I completely understand what your dealing with. BTW I would fight the tranny thing. General wear and tear on the rear bearing is just that. Make them prove beyond a reasonable doubt that with the loose bearing that it caused your tranny to break. An attorney is going to fight that one for you too! You are in the right.
John

 

Man, my buddy just totalled his 01 quad cab CTD.

Plan truck, 4X4, HO, 6 speed with 103k, 4 inch lift and 35X14.50s and they gave him 21,500 for his truck.

State farm is who I have (thats what he has to ) because they would cover the lift on my truck for the value of the lift, labor, and wheels and tires.

He also has state farm and they covered his, lift, wheels, tires, exhaust, drag comp and fass fuel system.

He gave 17,500 for the truck and added 5k to it and got it back.

 

Go to trucktraderonline.com and other classifieds and see how much comparable trucks are selling for . They have to give you relacement value . The other guy's insurance should pay it and pay for a rental until you settle .