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First car accident... need advice

816 233 April 30, 2012 at 02:25 PM in Chat
This Saturday I was in an accident that destroyed my Scion XD. I LOVED that car. Was getting about 35MPG in the city and I gad done a BUNCH of upgrades to it. Only 24K miles on it.

Here's what happened:

I was driving through a main road on my way home from work when I 17 year old kid decided to turn right in front of me in a Caravan. It wasn't at an intersection, he was trying to turn into a business from his yellow lane and I guess he didn't see me coming, so I slammed into him a 40MPH. He got cited, I didn't and it obviously was his fault since he should have waited for me to come through. Oh well, there goes my car.......

Few questions:

Now that I submitted the claim through his insurance, they told I need to simply wait since the other driver has not given a statement yet. No rental car. Is this normal? They mentioned that the other person needs to admit liability first.

Also, by what guidelines can I expect my compensation to be for my car? I know insurances have their own 'sources', but I don't want to be screwed. My car was at [I]least[I] worth 14K and it's paid off. Also, I should be compensated for my 2 days off work and medical bills, right?

I never been in a car accident.... so I don't know what my next steps would be.

TIA

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Maleficent
04-30-2012 at 10:54 PM.
04-30-2012 at 10:54 PM.
Quote from Ryu-bom :
maybe in his eyes and in god's eyes, he wasn't at fault technically

But too bad for him, under the legal and insurance companies eyes, the HITTER is always at fault.. If you hit a car regardless, you insurance company is going to hold it against you..
Uhh, no, not true at all. There are many circumstances in which you could hit another vehicle and the other driver is at fault. For example, someone running a red light or a stop sign, and you hit them, they'd still be at fault.

Or like in OP's case - when you're turning into a private drive from the middle of the street, it is YOUR RESPONSIBILITY to check for oncoming traffic. The kid the OP hit failed to do so, resulting in OP unable to stop and crashing into him. The kid's still at fault, because he didn't make sure the way was clear for him to turn.

You clearly don't have a whole lot of experience with this, do you? laugh out loud

Quote :
Anyways you seem to believe the word of the OP over to the "honest" cop written account that the OP also noted, why?...what makes you think the OP is telling the complete truth over what the cop report says ( which contradicts the OP account ) Because we all know you love those boys in blue.....wave
Uhhh, no, the cop is in agreement with the OP. Again, I think you're getting your threads mixed up, dude. The cop in OP's case issued the kid a ticket because, again, he was in the wrong.

Seriously, go troll back in the podium, because you're failing miserably here. Roll

You might wanna read OP's post again IN THIS THREAD, because you look like a tool spouting off crap that doesn't even apply here.

Quote :
I was driving through a main road on my way home from work when I 17 year old kid decided to turn right in front of me in a Caravan. It wasn't at an intersection, he was trying to turn into a business from his yellow lane and I guess he didn't see me coming, so I slammed into him a 40MPH. He got cited, I didn't and it obviously was his fault since he should have waited for me to come through.
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Ryu-bom
04-30-2012 at 11:32 PM.
04-30-2012 at 11:32 PM.
Quote from Maleficent :
Uhh, no, not true at all. There are many circumstances in which you could hit another vehicle and the other driver is at fault. For example, someone running a red light or a stop sign, and you hit them, they'd still be at fault.

Or like in OP's case - when you're turning into a private drive from the middle of the street, it is YOUR RESPONSIBILITY to check for oncoming traffic. The kid the OP hit failed to do so, resulting in OP unable to stop and crashing into him. The kid's still at fault, because he didn't make sure the way was clear for him to turn.

You clearly don't have a whole lot of experience with this, do you? laugh out loud



Uhhh, no, the cop is in agreement with the OP. Again, I think you're getting your threads mixed up, dude. The cop in OP's case issued the kid a ticket because, again, he was in the wrong.

Seriously, go troll back in the podium, because you're failing miserably here. Roll

You might wanna read OP's post again IN THIS THREAD, because you look like a tool spouting off crap that doesn't even apply here.
Your right.... I was talking about the other car accident thread ...my bad

Anyways, the insurance company will still fault the OP regardless since he hit a car, even tho technically its the other driver's fault. Thats just the way they operate, you hit someone, they will fault you
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Maleficent
05-01-2012 at 01:28 AM.
05-01-2012 at 01:28 AM.
Quote from Ryu-bom :
Your right.... I was talking about the other car accident thread ...my bad

Anyways, the insurance company will still fault the OP regardless since he hit a car, even tho technically its the other driver's fault. Thats just the way they operate, you hit someone, they will fault you
No, they won't. And I know this because I spent years working for an insurance company. They'll use the police report more than anything to determine fault and in OP's case, it's pretty clear cut who was at fault - the other driver that was turning when he wasn't supposed to. And the other driver getting issued a citation, that's also a good indicator of fault.

You know how many people turn when they're not supposed to and get t-boned by oncoming traffic? Just count how many people run red lights at every intersection you stop at, and you'll get an idea. Especially the ones that turn after the little arrow turns red. You think people turning on a red arrow wouldn't be at fault if someone in the oncoming traffic hit them? Wink
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brendo927
05-01-2012 at 08:05 AM.
05-01-2012 at 08:05 AM.
They do splits all the time. 50-50 75-25 and so on.
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User115051
05-01-2012 at 10:32 AM.
05-01-2012 at 10:32 AM.
I just sent a 'record request' for the police report. We'll see how long they take....

Called agent assigned by other insurance.... no answer, left message

Seems like this is going to take a while.
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Last edited by User115051 May 1, 2012 at 10:37 AM.
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Piccaboo
05-01-2012 at 10:43 AM.
05-01-2012 at 10:43 AM.
Quote from Suntot :
I just sent a 'record request' for the police report. We'll see how long they take....

Called agent assigned by other insurance.... no answer, left message

Seems like this is going to take a while.
Keep calling on the hour, until you get an answer, no way would I back off until I reached someone; it's gone on too long as is shake head

That and call YOUR OWN AGENT as well, and do a little shake, rattle and roll with them.
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brendo927
05-01-2012 at 10:44 AM.
05-01-2012 at 10:44 AM.
Don't piss off your agent I learned that the hard way.
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User115051
05-01-2012 at 10:55 AM.
05-01-2012 at 10:55 AM.
just got a hold of other agent:

she says they are still investigating. that the other driver hasn't even reported the accident to them AND is not even answering their calls. She says the first have to complete their investigation before they accept liability, which sounds logical.

At the same time, I don't know if the other driver is trying to pull something off.

So I am just stuck waiting. I wonder if I should just go ahead with my insurance and pay the deductible. Then again, I wouldn't get paid for my lost wages, just medical and car.

Or can I claim the car and medical through my insurance and the rest through the other guys insurance?
I am kinda lost now.
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Maleficent
05-01-2012 at 11:26 AM.
05-01-2012 at 11:26 AM.
Quote from Suntot :
just got a hold of other agent:

she says they are still investigating. that the other driver hasn't even reported the accident to them AND is not even answering their calls. She says the first have to complete their investigation before they accept liability, which sounds logical.

At the same time, I don't know if the other driver is trying to pull something off.

So I am just stuck waiting. I wonder if I should just go ahead with my insurance and pay the deductible. Then again, I wouldn't get paid for my lost wages, just medical and car.

Or can I claim the car and medical through my insurance and the rest through the other guys insurance?
I am kinda lost now.
That's normal. No one wants to report an accident when they are at fault. They are not required to report it for you to get your settlement anyway.

If you have med coverage, use it. No deductible for that. They can subrogate.

There is no rush to get your car settlement. They will pay for a rental and you have time to shop for a new car. I had my rental for three weeks before they issued mine.

Why be out 500 when you don't have to? Claims take time. They are not instantaneous.
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User115051
05-01-2012 at 11:32 AM.
05-01-2012 at 11:32 AM.
Well, they said they won't give me a rental unless the other party admits liability. I can get a rental, but I would pay out of pocket and then get reimbursed, which I really don't want to do since I have a second car. Now if the rental was covered right away, I would have gotten one.
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Maleficent
05-01-2012 at 02:59 PM.
05-01-2012 at 02:59 PM.
Quote from Suntot :
Well, they said they won't give me a rental unless the other party admits liability. I can get a rental, but I would pay out of pocket and then get reimbursed, which I really don't want to do since I have a second car. Now if the rental was covered right away, I would have gotten one.
Did you talk to a rental car company? Mine was basically the same issue. I went to Enterprise though, and they said that since they couldn't open up a direct line of billing, they'd just place a temporary hold on my credit card, and then once they got the necessary paperwork for the other insurance company, would charge it to them. It was just a $50 temp hold and I was able to leave with the rental car the same day of the accident even though it took the other person's insurance a couple weeks to get their shit in order.

They were really helpful in working with me.

Wouldn't hurt to at least call a rental car company and ask and see what your options are. I NEEDED a replacement car ASAP, and I couldn't have afforded to pay for one directly and wait to get reimbursed. That's BS that you would have to pay anything up front. It's not your fault police reports take several days to process and that the stupid company takes so long to "verify" the fault of their insured. Rolleyes

Call up your nearest Enterprise or another company and see what they can do for you. Smilie
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handyguy
05-01-2012 at 04:13 PM.
05-01-2012 at 04:13 PM.
It's also fun to see if you can find another one like yours for sale.
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User115051
05-01-2012 at 06:15 PM.
05-01-2012 at 06:15 PM.
I went to the body shop. Here are some pics...

Looks like a total loss. right?
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Mad Scientist
05-01-2012 at 06:39 PM.
05-01-2012 at 06:39 PM.
Quote from Suntot :
I went to the body shop. Here are some pics...

Looks like a total loss. right?
The damage involves the engine, transmission, suspension and most likely frame damage, so yes, it should be totaled.
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redmaxx
05-01-2012 at 08:46 PM.
05-01-2012 at 08:46 PM.
Quote from Mad Scientist :
The damage involves the engine, transmission, suspension and most likely frame damage, so yes, it should be totaled.
Depends on what the body shop says, but if you look at the 2nd picture and zoom in, the part of the frame attached to the bumper doesn't look bent. And the amount that the grille was smashed in doesn't necessarily indicate much more than radiator damage.

tl;dr wait and see.
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