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Forum Thread

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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Joined May 2006
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Original Poster
User115051
04-30-2012 at 03:39 PM.
04-30-2012 at 03:39 PM.
Quote from KPS :
You shouldn't have to pay your deductible. Do you have an agent you can talk to at State Farm (as opposed to calling the claims #)? They might be able to explain things a bit more clearly? We have State Farm and our agent is awesome. She explains everything so well...

Since you're not at fault, you do have to deal with the other person's insurance (but State Farm can/should do that for you). That's just how it works. Sorry this happened to you. Frown

Thanks for the tip. I talked to my agent and he explained everything. Said to wait a few days for the other insurance to call, but if they don't to call them and file the claim through them.
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Joined May 2006
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User115051
04-30-2012 at 03:41 PM.
04-30-2012 at 03:41 PM.
Quote from TheSawg :
It was more then what I paid originally for the car (A 2 year old Fit I got a heck of a deal on).
Did they give you back your deductible after it was all settled? Because if the other insurance decides to drag on... I might just go through mine.

also, in case you had done any upgrades, did they take that into consideration? Thanks again for your input.
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Last edited by User115051 April 30, 2012 at 03:43 PM.
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DrewBard
04-30-2012 at 03:48 PM.
04-30-2012 at 03:48 PM.
Quote from Suntot :
Did they give you back your deductible after it was all settled? Because if the other insurance decides to drag on... I might just go through mine.

also, in case you had done any upgrades, did they take that into consideration? Thanks again for your input.

I was at fault. But the deductible was subtracted from my payment check. I didn't like have to cut them a check, I just got $500 less. There were no after-market mods. I did grab the expensive all weather floor mats I grabbed at the junk yard.

But when you go in, they will make a settlement offer. You can deny it an d negotiate. if you keep good records, hopefully you have receipts for all your mods. if not, start keeping all the receipts for any addons you make form here on out.
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Joined Sep 2009
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zzyzzx
04-30-2012 at 03:53 PM.
04-30-2012 at 03:53 PM.
Quote from Suntot :
By the way, do they take any upgrades to the car into consideration when coming up with a 'fair market value'?
Only if you have receipts or other proof of upgrades AND if you are insured for the upgrades. Otherwise there are limits to these things and it really isn't much. That's another reason to wait on the other person's insurance company (and annoy them every other day with phone calls).

Post some wreck pics please!
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Joined Aug 2005
RLTW
> bubble2 2,109 Posts
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medicchick
04-30-2012 at 03:55 PM.
04-30-2012 at 03:55 PM.
My insurance company takes the deductible out of a payment when the other party is at fault and then recoups it from their insurance company. They then send it to me. This lets me get money to buy a new vehicle quicker and I only have to deal with my insurance company. They are in the process of taking the guy who rear-ended me 2 years ago to collections in fact. At this point I'm not worried about getting my $500, but it'd be nice.

It varies from company to company, but USAA if I had the paperwork showing what/when I paid for upgrades those are taken into consideration and pro-rated. If there is no paperwork, I have the option to remove the parts as long at the vehicle remains in stock condition. So if I had nice rims on, I can take them off but I have to at least put beater steel rims on. I could take the antenna for my VHF/UHF radio, but I had to leave the base unless I had a plug for the hole.
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Joined May 2006
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User115051
04-30-2012 at 03:56 PM.
04-30-2012 at 03:56 PM.
Quote from zzyzzx :
Only if you have receipts or other proof of upgrades AND if you are insured for the upgrades. Otherwise there are limits to these things and it really isn't much. That's another reason to wait on the other person's insurance company (and annoy them every other day with phone calls).

Post some wreck pics please!

I wish I had some pics. For some weird reason my phone was dead at the moment.
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Joined May 2006
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Piccaboo
04-30-2012 at 04:07 PM.
04-30-2012 at 04:07 PM.
Quote from Suntot :
Thanks for the tip. I talked to my agent and he explained everything. Said to wait a few days for the other insurance to call, but if they don't to call them and file the claim through them.
Call the other person's Insurance Company and file a claim thru them - tell them you WANT a RENTAL CAR and you WANT ONE NOW - do it tomorrow - why are you waiting - when you have a police report that indicates the other driver was at fault Scratchhead

Normally they do not pay for anything other than factory items on a vehicle; so if you did upgrades, Insurance Companies normally do not pay for any such items. You may have to fight and fight hard for that; but it's unusual that they pay for it. You should also get ALL YOUR personal belongings out of that vehicle if it is totaled. Go to wherever it is, and remove ALL personal belongings.

They will appraise that vehicle based on many factors, mileage, interior (wear and tear) on the carpet, seats, headliner, dashboard, and various factors such as this; they have a an entire list they go over when totaling a vehicle out, including the outside of the vehicle; as to the condition of it.

I would be after THAT Ins. Co. and do NOT pay the deductible to State Farm; I have State Farm and whomever told you this is plain Crazy It wasn't your fault, and no way should you be turning it in as a "collision claim" to State Farm; you will be surcharged by State Farm if you do so Doh Talk to your Agent, and tell them to get on the ball, get you a rental car from the other Ins. Co. - or you are going directly to the other Ins. Co. - which is WHAT THEY DO NOT WANT YOU TO DO - get the picture yet shake head

Also, in your State do you have Limited Tort and/or Full Tort Ins. Coverage? If so, what type of coverage do you have? If you have Limited Tort, you are only able to recover certain amounts for things; with Full Tort you can run the gambit with that. Big difference in both, small amount of difference in cost; if you analyze it; and it's worth it to have Full Tort; it truly does protect you for the little bit extra one pays for this. I'll never again go with Limited Tort Option, which our State has.

Either the Rep you talked to was totally uninformed, or lacked knowledge; talk to your Agent; if you get no where; call the other Ins. Co. involved. You need a vehicle now, not later.
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Joined May 2006
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User115051
04-30-2012 at 04:19 PM.
04-30-2012 at 04:19 PM.
Quote from Piccaboo :
Call the other person's Insurance Company and file a claim thru them - tell them you WANT a RENTAL CAR and you WANT ONE NOW - do it tomorrow - why are you waiting - when you have a police report that indicates the other driver was at fault Scratchhead

Normally they do not pay for anything other than factory items on a vehicle; so if you did upgrades, Insurance Companies normally do not pay for any such items. You may have to fight and fight hard for that; but it's unusual that they pay for it. You should also get ALL YOUR personal belongings out of that vehicle if it is totaled. Go to wherever it is, and remove ALL personal belongings.

They will appraise that vehicle based on many factors, mileage, interior (wear and tear) on the carpet, seats, headliner, dashboard, and various factors such as this; they have a an entire list they go over when totaling a vehicle out, including the outside of the vehicle; as to the condition of it.

I would be after THAT Ins. Co. and do NOT pay the deductible to State Farm; I have State Farm and whomever told you this is plain Crazy It wasn't your fault, and no way should you be turning it in as a "collision claim" to State Farm; you will be surcharged by State Farm if you do so Doh Talk to your Agent, and tell them to get on the ball, get you a rental car from the other Ins. Co. - or you are going directly to the other Ins. Co. - which is WHAT THEY DO NOT WANT YOU TO DO - get the picture yet shake head

Also, in your State do you have Limited Tort and/or Full Tort Ins. Coverage? If so, what type of coverage do you have? If you have Limited Tort, you are only able to recover certain amounts for things; with Full Tort you can run the gambit with that. Big difference in both, small amount of difference in cost; if you analyze it; and it's worth it to have Full Tort; it truly does protect you for the little bit extra one pays for this. I'll never again go with Limited Tort Option, which our State has.

Either the Rep you talked to was totally uninformed, or lacked knowledge; talk to your Agent; if you get no where; call the other Ins. Co. involved. You need a vehicle now, not later.
I don't have a police report yet. Officer said it would take about two weeks. For the fact that the other driver got a ticket and I didn't that shows he's at fault, at least according to my agent. The other insurance won't pay for a rental car until they can establish liability, at least that's what they told me.

My agent said I would have to pay the deductible up front, but that I would get it back from the other insurance when it's all said and done. The claim agent also corroborated that.
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Last edited by User115051 April 30, 2012 at 06:56 PM.
Joined Nov 2006
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> bubble2 8,339 Posts
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LC2
04-30-2012 at 05:11 PM.
04-30-2012 at 05:11 PM.
Quote from Suntot :
I wish I had some pics. For some weird reason my phone was dead at the moment.
Always keep a disposable camera or two in the glove box. Take photos of the accident and area immediately after the accident. Not the other driver, just the damage to both vehicles, the roadway, the street signs, etc...
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Joined Mar 2005
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w3kn
04-30-2012 at 05:34 PM.
04-30-2012 at 05:34 PM.
Remind me to get in an accident with OP and make sure my damages are higher than his coverage.

OP, you should probably remove your coverage amounts.
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Joined Jan 2007
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> bubble2 22,510 Posts
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Maleficent
04-30-2012 at 05:55 PM.
04-30-2012 at 05:55 PM.
Quote from Piccaboo :
Call the other person's Insurance Company and file a claim thru them - tell them you WANT a RENTAL CAR and you WANT ONE NOW - do it tomorrow - why are you waiting - when you have a police report that indicates the other driver was at fault Scratchhead

Normally they do not pay for anything other than factory items on a vehicle; so if you did upgrades, Insurance Companies normally do not pay for any such items. You may have to fight and fight hard for that; but it's unusual that they pay for it. You should also get ALL YOUR personal belongings out of that vehicle if it is totaled. Go to wherever it is, and remove ALL personal belongings.

They will appraise that vehicle based on many factors, mileage, interior (wear and tear) on the carpet, seats, headliner, dashboard, and various factors such as this; they have a an entire list they go over when totaling a vehicle out, including the outside of the vehicle; as to the condition of it.

I would be after THAT Ins. Co. and do NOT pay the deductible to State Farm; I have State Farm and whomever told you this is plain Crazy It wasn't your fault, and no way should you be turning it in as a "collision claim" to State Farm; you will be surcharged by State Farm if you do so Doh Talk to your Agent, and tell them to get on the ball, get you a rental car from the other Ins. Co. - or you are going directly to the other Ins. Co. - which is WHAT THEY DO NOT WANT YOU TO DO - get the picture yet shake head

Also, in your State do you have Limited Tort and/or Full Tort Ins. Coverage? If so, what type of coverage do you have? If you have Limited Tort, you are only able to recover certain amounts for things; with Full Tort you can run the gambit with that. Big difference in both, small amount of difference in cost; if you analyze it; and it's worth it to have Full Tort; it truly does protect you for the little bit extra one pays for this. I'll never again go with Limited Tort Option, which our State has.

Either the Rep you talked to was totally uninformed, or lacked knowledge; talk to your Agent; if you get no where; call the other Ins. Co. involved. You need a vehicle now, not later.
Iagree

You should NOT have to wait for a rental car, even if you don't have the police report. I was able to get a rental car the same day. They did put a hold on one of my credit cards since they were still working with the other person's insurance company to get a line of billing set up. That might be an option for you. Smilie Even if they say they won't, go to a rental car place and they should be able to help you. If you have the other person's insurance information (which you should) give it to them, and they should take care of it. They're usually very helpful and willing to work with you. I'd go ASAP. It's not fair that you don't have transportation because the other driver wasn't paying attention to what they were doing.

Also, there's no reason to go through your own insurance since the other person was at fault. You'd have to pay your deductible up front, and most likely wouldn't get your settlement any sooner. (And why rush it? You'll get a rental car that THEIR insurance will pay for anyway! laugh out loud) Since they're at fault, you'd eventually get your deductible back, but again, no reason to be out of that $500 while your insurance company goes through subrogations.

Definitely go see your doctor for any possible injuries, and I'd highly recommend a chiropractor. You'd be amazed at what an accident like that could do to your neck and spine. (I'm still getting treatment, and it's been almost two months since mine - I was rear-ended by someone going about 40mph while I was stopped. And oddly enough, the other driver was 17, too!) Also, it certainly wouldn't hurt to consider a lawyer. Especially since the company is already resisting you on the rental car.
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Original Poster
User115051
04-30-2012 at 06:54 PM.
04-30-2012 at 06:54 PM.
Quote from Maleficent :
Iagree

You should NOT have to wait for a rental car, even if you don't have the police report. I was able to get a rental car the same day. They did put a hold on one of my credit cards since they were still working with the other person's insurance company to get a line of billing set up. That might be an option for you. Smilie Even if they say they won't, go to a rental car place and they should be able to help you. If you have the other person's insurance information (which you should) give it to them, and they should take care of it. They're usually very helpful and willing to work with you. I'd go ASAP. It's not fair that you don't have transportation because the other driver wasn't paying attention to what they were doing.

Also, there's no reason to go through your own insurance since the other person was at fault. You'd have to pay your deductible up front, and most likely wouldn't get your settlement any sooner. (And why rush it? You'll get a rental car that THEIR insurance will pay for anyway! laugh out loud) Since they're at fault, you'd eventually get your deductible back, but again, no reason to be out of that $500 while your insurance company goes through subrogations.

Definitely go see your doctor for any possible injuries, and I'd highly recommend a chiropractor. You'd be amazed at what an accident like that could do to your neck and spine. (I'm still getting treatment, and it's been almost two months since mine - I was rear-ended by someone going about 40mph while I was stopped. And oddly enough, the other driver was 17, too!) Also, it certainly wouldn't hurt to consider a lawyer. Especially since the company is already resisting you on the rental car.
Thanks for the advice. I will probably go get a rental tomorrow. In my case I slammed into the 17 year old at 40MPH. shake head It was still his fault since I had the right of way. I went to my doctor and complained of back and neck pain. She said to come back next week and if I still feel the same, she will send me for x-rays........
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Last edited by User115051 April 30, 2012 at 06:59 PM.
Joined May 2006
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Original Poster
User115051
04-30-2012 at 06:58 PM.
04-30-2012 at 06:58 PM.
Quote from LC2 :
Always keep a disposable camera or two in the glove box. Take photos of the accident and area immediately after the accident. Not the other driver, just the damage to both vehicles, the roadway, the street signs, etc...
I know. I thought my phone camera would do. But, out of the blue, the battery was dead. Anyways I am sure that a disposable wouldn't last much inside a 160 degree car in AZ...
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Joined Jan 2007
The Mistress of All Evil!
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Maleficent
04-30-2012 at 07:12 PM.
04-30-2012 at 07:12 PM.
Quote from Suntot :
Thanks for the advice. I will probably go get a rental tomorrow. In my case I slammed into the 17 year old at 40MPH. shake head It was still his fault since I had the right of way. I went to my doctor and complained of back and neck pain. She said to come back next week and if I still feel the same, she will send me for x-rays........
Oh definitely it was his fault. And that's bull what your doctor said. I'd call a good local chiropractor (ask friends/family for a referral, or look online for one with good reviews), and go tomorrow, or as soon as you can get an appointment. They should take x-rays that first day and do a general assessment. Mine is AWESOME, and he knows so much more about what car accidents do to your body than my general physician did. My GP was no help at all. I'm currently seeing my chiropractor and a spine/neck specialist.

You WILL need treatment, you hit a car, for pete's sake. Going that fast, and the fact that you're already experiencing pain, you definitely need to see someone. And get x-rays as soon as you can.

I would definitely at least get a consultation with a good lawyer. (Ask friends/family or look online for reviews) A consultation will usually be free (make sure you ask on the phone just to be certain) and they can also refer you to specialists to help with your treatment. My lawyer referred me to my neck/spine specialist, and he's done quite a lot to help with the pain.

Also like Picca said, get to your car and get everything out of it that you need - paperwork, all your stuff, etc. Also get your plates. I'm not sure if it differs state to state, but here you have to either turn them in or transfer them to your new vehicle. And I would take pictures as well. They won't be as good as pictures from the time of the accident, but I would think some would be better than none.
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Joined Jan 2007
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Maleficent
04-30-2012 at 07:14 PM.
04-30-2012 at 07:14 PM.
Quote from Suntot :
I know. I thought my phone camera would do. But, out of the blue, the battery was dead. Anyways I am sure that a disposable wouldn't last much inside a 160 degree car in AZ...
Yeah, that's rotten luck. And I used to live in phoenix - I wouldn't really bank on a disposable camera surviving a glove box, either. laugh out loud

Unless you can find one specifically made for the AZ heat... Dontknow
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