Insurance says my truck is not totaled

Discussion in 'Ask An Owner Operator' started by aranda89, Jun 28, 2017.

  1. aranda89

    aranda89 Bobtail Member

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    My truck was hit by a drunk driver that swerved onto my lane. Both cars had to be towed away. My Truck has suspension and light frame damage, it won't turn on.
    The drunk driver had no insurance, luckily I have uninsured underinsured. My truck is evaluated at $140,000, but the insurance does not want to total the truck and pay the $140,000 they would rather pay me $55,000 and have me repair it myself.

    I don't want this truck repaired because I think the damage can bring future unforseen problems and also be a hazard to operate in the future.

    Do I have to accept what the insurance says or do I have the right to demand it be totaled? I Am in Texas by the way.
    [​IMG]
     
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  3. calnca

    calnca Medium Load Member

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    A carrier considers a unit a "constructive total loss" when cost of repair exceeds 50-60% of the insured value......so if unit is worth $ 140,000 and damages are estimated at $ 55,000 then it's not a constructive total loss. Typically when a carrier advises what they calculate the loss at they will give you a list of approved shops that will repair based on that estimate.....and the shop will deal with the carrier when they find hidden damages not contemplated in in the initial estimate.
     
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  4. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    yeah, try to avoid taking the settlement check, because when you do in the fine print will be a paragraph stating case closed when you cash the check. You need to leave open any unseen damage when it was estimated.
     
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  5. Big Don

    Big Don "Old Fart"

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    I'd start by going up the ladder at the insurance company. Go as far as you have to, to get a reasonable settlement. I know nothing about Texas insurance law, but I'm betting there is some kind of a state agency that deals with insurance. Contact them.
    Then, if all else fails, talk to a lawyer.

    Do you have any estimates from anyone other than the insurance as to what repair will cost? If you don't, get some. Their estimates will give you a half way good idea of where you stand.
    After going through all this, ask yourself if you are being reasonable. I certainly see your point of view, but crashed trucks are put back together all the time, and then run hundreds of thousands of miles.

    Usually what I've seen, is folks who want their vehicle repaired, but the insurance says "totaled."
     
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  6. Old Man

    Old Man Road Train Member

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    Get a lawyer
     
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  7. BoyWander

    BoyWander Road Train Member

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    If that truck is paid off, couldn't he just cash the check and put it down on another truck? Or does that money have to be used to repair it?
     
  8. CousinVinny

    CousinVinny Medium Load Member

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    This is a significant claim and you should seriously consider the Old Man's advice.
     
  9. Ridgeline

    Ridgeline Road Train Member

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    He should have one anyways because of the accident and possible litigation over it - he is the truck owner and driver (I assume) and he is at fault because the truck exists in the first place.
     
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  10. calnca

    calnca Medium Load Member

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    Armchair professionals........80-90% of all our phys dam claims are settled without the need for a lawyer skimming from the top.....they don't come cheap.

    IF your retail insurance guy/gal is a PROFESSIONAL, he/she should be involved in your claim, and able to explain what's going on and guide and help you to a fair resolution. Make them earn their commission.

    IF, because you bought cheap insurance from Shifting Sands Mutual Insurance Company from "Bubba" up the street, you get what you pay for.

    You all as a group tend to ##### about insurance costs, yet the first thing out of the armchair quarterbacks is get a lawyer, which in phys dam claims does nothing more than run up the overall loss costs, which ultimately means higher insurance costs.....as we as a carrier eventually charge higher rates because of the higher loss costs.
     
  11. CousinVinny

    CousinVinny Medium Load Member

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    I'm an operations director. Office chair professional would be more accurate. Thanks for your input.
     
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