Car Insurance Wants To Settle Without Me Present: What To Do

Your insurance company does not have the right to settle a claim without you present if you are the person who has monetary responsibility for that claim. Suppose you get into a car accident that was your fault, but you have to pay for some of the damages that your insurance does not cover due to your not having certain types of coverage on your policy (like underinsured coverage). In that case, your insurance company needs to ensure that you are present and willing to settle the claim against you.

If your insurance company wants to settle without you present, there are a few things you can do to defend yourself.

Talk to Your Insurance Company

Your first line of defense will be to work with your insurance company and let them know that you are unhappy with how the claim is being handled. You should be able to talk to an agent handling your claim, but if the agent is not helpful, they might have a complaint department you can discuss the matter with to get a solution.

Send the Proper Documents

You want to be prepared with as much documentation as you can gather to support your reasoning on why you disagree with this decision. When you talk to your insurance company, be sure to provide them with any documentation about the accident. You should also provide an official complaint letter with your claim number, signature, and contact information.

Review Your Auto Policy

You’ll want to check for any statement or clause in your car insurance policy that may have reasons for settling a claim without your presence. If there are not any clauses or statements saying that they can do this under your auto policy, this is something you should state in your letter to them and make the insurance agent or complaints department aware of in your case.

Talk to Your State Insurance Department

If your insurance company is not being cooperative in any way, then you might want to consider talking to your state insurance department to see if they can help you in the matter. Although they may not be able to look at your case, they will notify you and may help resolve your issue if your case is chosen.

Talk to an Attorney

Because some of these steps are not a solid solution and may take weeks, 1-800-injured suggests hiring an attorney. Hiring an attorney to represent you will let the insurance company know that you are serious about your claim and do not want it settled without your presence. An attorney can also help you gather the proper documentation and evidence for your case to have power and merit.

If the evidence they help you collect is strong enough, you may not have to file a lawsuit with your insurance company, which can be time-consuming and costly. But, if you need to file a lawsuit against your insurance company, a highly skilled lawyer will represent you so that your insurance company provides a fair settlement.

Dealing with your insurance company when they are not being fair about your settlement can be frustrating. But, you should know that you do not have to go through it alone, and there are lawyers who have the education and skills to help you through the process of getting a fair settlement.

Be prepared to go through a thorough process when talking to your insurance company. The insurance company will always try to pay the least amount that they can, so you might have to go through a long, drawn-out process before reaching a settlement that you and your insurance company can agree on.

Your insurance company is supposed to be there to protect you, so it can be jarring when they are uncooperative or do something you disagree with. Remember to be patient, do not give up, and contact a lawyer for help if necessary.

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Steps to Take After a Car Accident

After you’ve been involved in an accident, it may be unclear what you need to do next. Accidents affect your ability to think clearly, and it’s all too common for accident victims to be shaken up at the scene. The National Highway Traffic Safety Administration reports that more than 6 million car accidents happen in the United States each year.

It’s important to seek medical assistance immediately after an accident to protect your health. Personal injury law professionals also feel it’s important to contact a Tallahassee car accident attorney to protect yourself after you’re involved in an accident.

If you get into a car accident, there are steps that you can take to help everyone practice safety, follow the law, and work towards favorable outcomes in your insurance claim process.

Check for Injuries

If you’re experiencing any pain or discomfort or feel that you’ve been injured, call 911 or ask someone else to help you do so. If you’re seriously injured, stay still, and wait for emergency personnel.

If your injuries don’t prevent you from moving, check on the well-being of the other passengers in your car. If anyone’s experiencing pain or is injured, speak with emergency services or pinpoint someone standing by to call for help.

Find A Safe Location

If your injuries allow you to move, move to the shoulder of the road or a sidewalk. If your car is safe to drive and is creating a traffic hazard where it is, pull it to the side of the road. If time allows, snap a few pictures or videos of the accident scene. If your car is not causing a hazard in traffic, leave it where it is and continue in a safe location.

Report the Accident to Law Enforcement

Certain states, like Florida, for example, require you to call the police after an accident resulting in an injury. Not doing so could lead to criminal charges and fines. When you contact law enforcement, the responding officers can make an accident report and document the scene.

If the police are unavailable, you can go to the nearest police station and complete a report yourself. Insurance companies will ask for a copy of the police report to help with the claims process. Your car accident attorney can also use this accident report to defend your claim.

Exchange Pertinent Information

Each state requires certain information to be exchanged. In Florida, those involved in an accident are asked to fill out an exchange of information form when the police arrive at the accident scene with another driver after an accident. Generally, you need to exchange names and insurance information.

The other driver’s phone number, make, and model of the vehicles involved, contact information for any witnesses, and the name, badge number, and phone number of any law enforcement officers who respond to the accident scene will prove useful.

File an Insurance Claim

Many states require bodily injury and property damage liability insurance coverage. Liability coverages reimburse other drivers or passengers when you are at fault in an accident.

Your collision coverage can cover damage to your car. Personal injury protection coverage could help cover the cost of any injuries that you sustain.

Consider the following before deciding on whether or not to file an insurance claim:

  • Who was at fault
  • The extent of the damages to each driver’s vehicle
  • Whether any injuries, minor or serious, occurred
  • What type of insurance coverage do you have
  • What type of insurance coverage does the other driver have
  • The amounts allowed under your coverage and the other driver’s coverage

Speak With A Car Accident Attorney

An experienced attorney will help you understand what you should say, what you shouldn’t, how to negotiate with your insurance company, offer information on how to handle your doctors’ bills, and more. After an accident, an experienced car accident attorney can handle all of the details of your case so you can focus on healing.

Steps To Avoid After A Car Accident

It’s equally important to know what you shouldn’t do after a car accident. When you’re involved in an accident, avoid these common pitfalls:

  • Don’t flee. Leaving the scene of an accident could result in a hit-and-run criminal charge.
  • Don’t incriminate yourself. When exchanging information with the other driver, avoid making statements that could be construed as an admission of guilt or fault in the accident.
  • Don’t speak with an adjuster until you’re prepared. An insurance adjuster may reach out to you for a statement right after the accident. Don’t talk to the adjuster without first speaking with your attorney. At least consider how what you say could affect future personal injury claims resulting from the accident.
  • Don’t sign anything without your lawyer present. Claims adjusters often make a quick and lowball offer. Accident law professionals feel you should never sign any release with the insurance company before speaking to an attorney. If you sign, you may be giving up your right to additional compensation


If you drive a Jeep Wrangler or a Dodge pickup and the transmission has been giving you trouble lately, you may have been told that you need to either replace it or have it rebuilt. Many Jeep and Dodge owners have been satisfied with their decision to have their transmissions rebuilt because they’ve had good experiences as opposed to replacing their AX5s.

Replacing an AX5 transmission instead of rebuilding it is not always a good choice. When you rebuild a transmission, you’re renewing all the essential components, so you know the transmission is in optimal working order. However, when you opt to replace your transmission instead, it isn’t always possible to determine if there are parts of the transmission that are getting ready to fail until it has already been installed in the vehicle. Certain parts could have little life left, but you won’t know until the transmission fails.

Rebuilding your AX5 transmission

Whether you’re going to rebuild your transmission or have a professional do it, you should be aware of what to expect before the work begins. Your AX5 will likely be rebuilt using a rebuild kit, which includes all the essential parts necessary to make your AX5 like new again. However, some people opt to just buy an already professionally rebuilt AX5 transmission, Regardless, however, your rebuild kit should include:

  • Bearings
  • Gaskets
  • Seals
  • Input shafts
  • Counter shafts
  • Synchro rings
  • Synchro hubs
  • Needle bearings

If necessary, your kit can also include individual gear and shift forks.

AX5 Specs

Before the rebuild of your AX5, you must know the specifications which can familiarize you with the specific component of the transmission. Here are the specs of the AX5:

Case: Cast aluminum with cast iron mid-plate

Input shaft: 14 spline | extends 7 1/2”

Output shaft: 21 spline

Length: 15 5/8” | 22 1/2” w/ bellhousing

Some common reasons for AX5 transmission failures

There could be a number of reasons why your AX5 has failed, but the most common reasons are loss of the fifth gear, which is the overdrive gear, leaking due to a faulty hydraulic throwback bearing, and synchronizer problems. Due to the frequency in which these AX5 problems occur, it’s very likely that one of these issues was the cause of your transmission’s failure.

Required tools to rebuild your AX5 transmission

You will need several specific tools when rebuilding your transmission, in order to dissemble your transmission, remove parts, and reassemble it once everything has been replaced. Two especially essential tools are a high-quality gear puller and a hydraulic press. Without a hydraulic press or gear puller, it would be nearly impossible to rebuild your transmission.

If you purchased your rebuild kit from the dealership, you should ensure that you have a warranty in case something needs replacing or otherwise goes wrong. You might also want to inquire about any additional tools that you might need to complete the rebuild, as well.

What does rebuilding your AX5 transmission entail?

Rebuilding your AX5 transmission will require a great deal of patience and technical knowledge, as it certainly isn’t a job for an amateur who has never even seen transmission components before. In order to rebuild your AX5, you will first need to remove the transmission from the vehicle and disassemble it.

Once your transmission is disassembled, you will then carefully inspect each part to determine which parts are faulty. In order to do this, it is necessary to clean each part with a special solution. Once you’ve identified the faulty parts and replaced them, it is time to reassemble your transmission and place it back inside the vehicle.

Your transmission system consists of transmission fluid, which provides lubrication for proper functioning, and the planetary gear set, which is the heart of the transmission and is necessary for your transmission to function. There is also the torque converter, which assists the vehicle with stopping without causing the engine to stop, and it provides your vehicle with the extra force needed to start and accelerate smoothly.

What about upgrading to the AX15?

The AX15 is a new and improved, upgraded version of the AX5 transmission that was built to perform optimally, and without all the problems that the AX5 had. Although looking at these two transmissions side-by-side, most people are unable to distinguish many differences, if any, but the AX15 has larger gears, larger bearings, and other improved components that can only be seen if the transmission is disassembled.

The AX15 boasts a brand new straight shifter that is ready to conform to the driver’s own personal shifting preference. This new and improved transmission also features a cast-iron front bearing retainer, which dramatically increases resistance to leaks. Many Jeep or Dodge pickup truck owners opt to upgrade their AX5 transmission to the mighty AX15 instead of rebuilding the AX5, but it’s a matter of personal preference. It also depends on a person’s budget, because rebuilding the AX5 is a lot more cost-effective than totally replacing it with the AX15.

The AX5 transmission was first introduced in 1987 when it was first used in Jeep Wranglers as well as Jeep Cherokees. This transmission is a manual, 5-speed that features a split case. If you are going to be rebuilding your transmission due to failure, then hopefully this guide will help you to understand what rebuilding it entails, what specific parts and tools you’ll need, and more, so you can soon enjoy driving your vehicle again.