Friday, July 15, 2005

While I was sleeping, I lost $500 and my car

I've had my license now for almost twelve years. In that time, I've had zero moving violations, zero speeding tickets, and zero accidents except for hitting a curb in an unplowed Baltimore library parking lot after a snowstorm. I pay $127 a month in insurance, and it was by far the best deal I could find.

So a lady hits my parked car during a rainy morning a week ago while I slept in my house. I'm laid back about it - it was clearly her fault, as the car was parked and unoccupied, so clearly her insurance will cover it, right?

However, it turns out she has a $15,000 limit on her insurance spending. One car she hit - a 1995 Mazda - has to be totalled. Another has $7800 worth of damage. With the $2000 of damages to my car, we're up over her maximum. I have to go through my own insurance, her insurance person tells me. So I do. I now have to pay my $500 deductible and pay for a rental car (insurance covers some of this), but, worse, my alread sky-high premium rates will probably increase.

I'm fuming about this. How is it legal that someone could have a $15,000 maximum on insurance? In Michigan, the minimum is $100,000. This is downright ridiculous, and I'm irate about it. I do not get a paycheck until September 15 because of the fucked up way that Baltimore City Public Schools pays its teachers, and now this has obliterated my savings. My dream of a credit-free summer is over. And it wasn't even my fault.

A nearly spotless twelve year driving record ruined by a bitch who can't drive in the rain. And I'm $500+ in the hole.

13 comments:

seadragon said...

What?! That's horrible.

I wish I knew more about your rights here to know whether you could possibly sue her for the damages rather than having to go through your own insurance. I have no idea though. And I'm sure you're not dying for another legal battle, are you?

The other question I have is why does the other car with the large amount of damage get covered under her insurance and not yours. How do they decide who gets a part of that $15,000 and who has to go through their own insurance?

Epiphany in Baltimore said...

Seadragon:

All three cars got estimates through her insurance company, and now that we got them, we all have to go through our own once it looked like the costs may exceed $15K. Once total cost is found, then I think her $15,000 is going to be spread around according to our damages. Still, I had to make a claim on my own and I'm out $500.

laceybear said...

I truly hate the fact that when something like this happens, the victim generally gets victimized even more because of the insurance companies. I bought a '98 Neon in mid-April. I've been saving for this car for about a year. It was a really big deal for me. In late May, this guy in a huge Ford work van wasn't paying attention to the road and smashed into my parked car (incidentally, I was parked really far off the road in my parent's yard, so he really wasn't paying attention to what he was doing). Long story short, he totalled it, and the insurance company gave me $300 less than what I paid for it less than a month and a half before, refusing to even listen to my protests about the settlement. So I lost the car and $300 just because I wanted to go see my parents.
I hope everything works out for you, and hopefully your insurance won't skyrocket.

elcapitanhink said...

When the revolution comes, that gecko is first against the wall.

Malnurtured Snay said...

That's bullshit - according to what I just looked up on the internet, the state minimum is FORTY THOUSAND, not fifteen. It sounds like her insurance people are being scumshits. I've got a friend who works in insurance - I'll give him a call and see what he can tell me, but you shouldn't write your $500 off just yet ... even if her limit is only $15,000, you've got as good a legal case as any. SUE HER.

Epiphany in Baltimore said...

That's an interesting development, Snay. Thanks for checking. My insurance company, Erie, is on it now, and I feel like they're pretty good and will get MAIF if they're being scumshits. Let me know what your friend says.

She's with MAIF, if that makes a difference, which it might since it's some sort of state agency.

Psychophil said...

Holy crap, MAIF is the fucking worst. IANAL, but They are lying to you. Hopefully you haven't signed anything yet. Given past history I'm sure you don't want to hear this but:

Lawyer up.

Get a free consult at the very lease.

Malnurtured Snay said...

I called and left a message, but I think he's at a bachelor party tonight and a wedding tomorrow (not his), so he'll probably be pretty effin' toasted Sunday. Hopefully I'll hear from him by Monday.

Malnurtured Snay said...

Epiph -

I think I might've gotten your hopes up. I still haven't heard back from my friend, but according to this site:

http://www.800insureme.com/state/maryland-car-insurance.html

$15,000 is indeed the minimum property damage. I read somewhere tonight that claims are paid in the order they're presented to the company -- so if you filed your claim with her insurance company, you'd be dandy. Apparently your claim got filed last which is why you're getting screwed.

I agree with Phil -- get a lawyer. (At the very least, talk to your roomie)

Epiphany in Baltimore said...

My claim was filed just a few minutes after the accident, so I doubt it was last. The insurance lady told me all of us have to go through our regular insurance and then MAIF will reimburse them. Erie then toldm e that they're going to do whatever they can to get as much out of MAIF as possible.

There's no way I can afford a lawyer, especially over $500, unless it could "take back" my claim so my premium doesn't rise.

jennetic said...

I was in an accident that was deemed not to be my fault, and I got reminbursed for my $500 deductible and my rates didn't increase. You couldn't possibly be at fault for your accident because you weren't even driving- your car was parked. Hopefully your insurance co will battle for you here. They win when you win- that is, they would be able to recoup $$$ somehow. I hope it works out for you!!!!

Anonymous said...

Man...this kind of shit sucks. I was in a hit & run in February (Oscar night) and I didn't even realize my parked car was hit UNTIL I'd driven it to work and noticed the big gaping hole in my bumper when I looked out the office window at my car in the parking lot. (What can I say, I'm a dumbass.) Thankfully I have nosey neighbors who heard the loud BANG when the woman hit my car, and she actually stopped and stated that she "wasn't sure" if she'd hit my car or not. My neighbors ASSURED her that she had, so she "left a note" on my car's windshield. If I'd had a note on my windshield, I would have noticed my car was hit. $4,500 in damages later, plus nearly $800 for a rental car and my $250 deductible, I had to do all the investigative work myself to track down this woman who hit me, only to find out she lives a mere 4 blocks from my house. I also have Erie insurance, and they paid for the repairs and my rental car, thankfully. But now they don't have the "man power" to get this woman to pay them back so I can get my $250 deductible reimbursed, even though I've done all the work for them. And guess what? Since my claim was over a $1,000, Erie raised my premium ANYWAY, by 4%, EVEN though the claim was not my fault. I'm curious to know which insurance company Jennetic uses. Erie was not so forgiving to me. So, Epiph, I feel your pain. Insurance is a necessary evil that offers no assurance at all.

Sally

Malnurtured Snay said...

Just for the record, he did call me back this morning and confirm that the state minimum actually is $15k. He was trying to offer advice as to what your course of action should be, but we were both on cellular phones and lost reception.