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Comment by gumby | Hacker News Reader

Is insurance weird in Florida? In most states I know of your insurance takes care of you and then hashes out the details with the other vehicle's insurer. At least that's what happened in the few situations I or family members have had.

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I would avoid letting your insurance "take care of you" if your car is totaled. Insurance companies push through these transactions fast and loose, of course to their monetary benefit and your detriment. For instance, my insurance company's proposed settlement offer to take care of my totaled vehicle was about ~$5k less than the what I negotiated with the at-fault driver's insurance company.

I'd recommend reviewing up your local laws and negotiating accident settlements with insurance companies yourself unless there are physical injuries involved or need to take someone to court.

i am confused that there is any need to negotiate. in austria or germany the insurance pays exactly the amount for an equivalent replacement car (minus the value of the totaled car, if any)

The insurance claims representatives interfacing with customers follow a script and will often select car price comparisons lower than your specific cars value. In the US, the insurance company should also pay exactly what the equivalent replacement car is worth, but if the customer isn't paying attention it leaves room for them to profit. If the customer complains with supporting evidence, then the insurance will act in accord with the law, but if the customer is unaware or doesn't care, then that's a win for the insurer.

I imagine similar situations occur in Austria or Germany, wherever people and profit are involved really.

i don't know. i am pretty sure if that happens the customer is able to complain and get it fixed.

what you are saying sounds like that if you don't pay attention in advance or you trust your insurance company you loose out.

that should not happen.

If you have collision insurance, you can submit through your insurance and let them subrogate the claim against the at-fault driver. If you don’t, as is common for an older/lower value car, your insurance has no obligation to help you.

Florida has one of the highest rates of uninsured motorists (about 1 in 5 drivers are uninsured) so perhaps the woman did not have insurance herself.

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