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Complaint 9 of 13 in "Rear Ended"
Insurance Carrier: Safeco
I bought a new 2008 Honda Fit in March. While on vacation in Montana in August of 2008 I was rear-ended by a drunk driver in Bozeman and that Honda was totaled. The insurance company for the driver of the car that hit me will give me the money to pay off my loan but not the $5000 I put down on the car leaving me with no down payment for another car. I cannot find any 2008 Honda Fit cars in the state of Colorado and 2009 cars are more expensive than the one I bought. It took my three years to collect the down payment for the car. I am now back at square one with no car and years away from collecting another down payment for a new car. All I want is to be where I was the split second before the drunk driver totaled my car and left me with a gash on my head.
Insurance Expert Answer:
A "gash in the head" sounds like a personal injury arising out of the auto accident to me. In a personal injury situation the other driver's insurance company seeks to have you focus on the value of the car and not the potentially MUCH greater personal injury. They try to get you to admit it's not a big deal, no pain, no real scar, nothing. You can not effectively negotiate with them as they know they are dealing with a babe in the woods and would just as soon skin you.
One of the issues is if the matter arose in Montana 99% of the time you'd need to have a Montana lawyer and be in a Montana court - so a local small claims court won't work. The insurance company knows that as well.