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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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Joined Oct 2005
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> bubble2 901 Posts
Mad Scientist
04-30-2012 at 07:54 PM.
04-30-2012 at 07:54 PM.
OP,

Just remember that when the other guy's insurance cuts you a check, you don't have to accept their offer. They will try to get out for as little as possible. They may show you the Kelly Blue Book value of your car. The Kelly Blue Book values can be thousands of dollars less than the NADA book value, for the same car.

If the other guy's insurance refuses to pay what you think your car is worth, PLUS taxes, title, rental car, medical expenses, FUTURE medical expenses, pain and suffering, lost wages, etc., then tell them you can't accept their offer, walk away and get an attorney.

Links that may be helpful ......

Kelly Blue Book [kbb.com]

NADA Car Value Guide [nadaguides.com]

...... also check eBay motors, autotrader.com, cars.com to see what similar cars sell for.
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Joined Jul 2009
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> bubble2 15,176 Posts
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PaintTheSkyGrey
04-30-2012 at 07:54 PM.
04-30-2012 at 07:54 PM.
Should've just driven away.
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Joined Oct 2005
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> bubble2 901 Posts
Mad Scientist
04-30-2012 at 08:01 PM.
04-30-2012 at 08:01 PM.
BTW, if they end up wanting to repair your car, demand all replacement parts to be OEM and demand money for "loss of value", since wrecked/repaired cars are worth less at sale time.

The insurance company will resist the OEM parts demand, but the law states the vehicle must be repaired to like it was before the incident. And before the incident, your car had all OEM parts.
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Joined May 2006
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> bubble2 816 Posts
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Original Poster
User115051
04-30-2012 at 08:03 PM.
04-30-2012 at 08:03 PM.
good tips. I don't think the car can be fixed, it's pretty much totaled.

Quote from Mad Scientist :
BTW, if they end up wanting to repair your car, demand all replacement parts to be OEM and demand money for "loss of value", since wrecked/repaired cars are worth less at sale time.

The insurance company will resist the OEM parts demand, but the law states the vehicle must be repaired to like it was before the incident. And before the incident, your car had all OEM parts.
Quote from PaintTheSkyGrey :
Should've just driven away.
??????
My car is totaled.
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Last edited by User115051 April 30, 2012 at 08:04 PM.
Joined May 2006
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> bubble2 816 Posts
233 Reputation
Original Poster
User115051
04-30-2012 at 08:08 PM.
04-30-2012 at 08:08 PM.
Quote from Mad Scientist :
OP,

Just remember that when the other guy's insurance cuts you a check, you don't have to accept their offer. They will try to get out for as little as possible. They may show you the Kelly Blue Book value of your car. The Kelly Blue Book values can be thousands of dollars less than the NADA book value, for the same car.

If the other guy's insurance refuses to pay what you think your car is worth, PLUS taxes, title, rental car, medical expenses, FUTURE medical expenses, pain and suffering, lost wages, etc., then tell them you can't accept their offer, walk away and get an attorney.

Links that may be helpful ......

Kelly Blue Book [kbb.com]

NADA Car Value Guide [nadaguides.com]

...... also check eBay motors, autotrader.com, cars.com to see what similar cars sell for.
Thanks. The NADA link shows it worth about 14.7K
My car didn't even have a single dent or scratch. It was meticulous taken care off. Garaged, babied all the time. Synthetic oil. New tires 5 months ago. Alloy wheels, xenon lights, blue lit interior, spoiler and so many other things that no other Scion XD is going to have.

Will they take this into consideration?
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> bubble2 22,510 Posts
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Maleficent
04-30-2012 at 08:21 PM.
04-30-2012 at 08:21 PM.
Quote from Mad Scientist :
OP,

Just remember that when the other guy's insurance cuts you a check, you don't have to accept their offer. They will try to get out for as little as possible.
That's not necessarily true. The person's company I was working with offered me $1,000 more than I was expecting them to offer for my car. I was impressed! Faint

Quote from Suntot :
Thanks. The NADA link shows it worth about 14.7K
My car didn't even have a single dent or scratch. It was meticulous taken care off. Garaged, babied all the time. Synthetic oil. New tires 5 months ago. Alloy wheels, xenon lights, blue lit interior, spoiler and so many other things that no other Scion XD is going to have.

Will they take this into consideration?
Eh... it's hit and miss with stuff like that. If you have any receipts for any of that, definitely make copies to give to the claims adjuster that's working with you.

My car was fairly old in my case, but I had just had the back windshield replaced less than a month before the accident, and the claims adjuster had me give her a copy of the receipt and took it into account.

Also, if you had a child seat in the car, they are required by law to replace that. (I'm pretty sure that's in just about every state.) I'm assuming you have a small kid because you have a baby picture in your avatar. laugh out loud

So buy a new one, or get them something to show how much you paid for the old one, and they'll cut you a check for whatever you spent in addition to your settlement for the car.
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Joined May 2006
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> bubble2 816 Posts
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Original Poster
User115051
04-30-2012 at 08:24 PM.
04-30-2012 at 08:24 PM.
Quote from Maleficent :
That's not necessarily true. The person's company I was working with offered me $1,000 more than I was expecting them to offer for my car. I was impressed! Faint



Eh... it's hit and miss with stuff like that. If you have any receipts for any of that, definitely make copies to give to the claims adjuster that's working with you.

My car was fairly old in my case, but I had just had the back windshield replaced less than a month before the accident, and the claims adjuster had me give her a copy of the receipt and took it into account.

Also, if you had a child seat in the car, they are required by law to replace that. (I'm pretty sure that's in just about every state.) I'm assuming you have a small kid because you have a baby picture in your avatar. laugh out loud

So buy a new one, or get them something to show how much you paid for the old one, and they'll cut you a check for whatever you spent in addition to your settlement for the car.
GREAT tip. My daughter's car seat was in the car, though thank God she was not. It bounced all around the car. We already were going to get another one.
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Joined Jan 2007
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> bubble2 22,510 Posts
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Maleficent
04-30-2012 at 08:27 PM.
04-30-2012 at 08:27 PM.
Quote from Suntot :
GREAT tip. My daughter's car seat was in the car, though thank God she was not. It bounced all around the car. We already were going to get another one.
Oh good! Buy a new one, and just give them a copy of the receipt, they'll give you the full amount. Smilie

And yes, thank goodness she wasn't in there, that would have been horrible! EEK! I was lucky enough my 5-year-old wasn't in the car with me as well. His booster seat was though, and I hadn't even thought about it until I talked with my attorney who mentioned it to me.

The insurance company issued me a separate check for it and everything.
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> bubble2 8,339 Posts
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LC2
04-30-2012 at 08:49 PM.
04-30-2012 at 08:49 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...
True dat! I crashed into something Unsure once and immediately left the scene to go buy a camera to prove it wasn't my fault.
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> bubble2 21,228 Posts
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Piccaboo
04-30-2012 at 09:20 PM.
04-30-2012 at 09:20 PM.
Quote from Mad Scientist :
BTW, if they end up wanting to repair your car, demand all replacement parts to be OEM and demand money for "loss of value", since wrecked/repaired cars are worth less at sale time.

The insurance company will resist the OEM parts demand, but the law states the vehicle must be repaired to like it was before the incident. And before the incident, your car had all OEM parts.
"Loss of Value" does not work in all states - in PA they do not consider "loss of value" to a vehicle when someone else is at fault; it does not apply. I know that in MD it does, but not in PA. So it varies from state to state in this regard. Though it is something to check into.

Yes, OP should check KBB and Nada, to get comps on his vehicle as to the value; that is what I did when my the vehicle my son was in was totaled, that was in my name. As well, as going around locally and finding the same make, model, year, with similar mileage on it; and getting prices from places locally, finding the ads in the newspaper, keeping the ads; in order to back up my claim for what my vehicle actually cost to replace it. If they "dick around" about the mileage, if it happens to be just a tad over what it should be; argue the point; after all "their client was at fault" - this is what I did. Don't even mention what ever personal belongings were destroyed in the vehicle up front; go for the full value of the vehicle first. Then once one has established the price for that; then say let's now negotiate the value of the items in the vehicle that were destroyed (personal items) - always play that "ace" last. Take pictures of these items, go on Amazon, Ebay, wherever you have to, to price these out; print out what you need in order to back up your claim on the cost of replacement. This would include any upgrades you did, and hopefully as someone has said you have receipts for those upgrades, though normally they only pay for factory installed equipment. That's a gamble on them paying for anything above that, unless, as someone else pointed out, it was insured for this. That is special insurance for that. You learn to play this game correctly, and you get the most out of this claim; it's all about "what you know" vs "how they handle the claim". The more you know, the more you get back; is how it works. There is a book written especially for this, how to handle your own claim. As Mal said, go to a chiropractor and get checked out, if you have not hired an attorney, you are entitled to ALL reports from doctor's, start gathering them all up; each and every one. You'll need them later on down the road, otherwise, you'll be paying for them. Every visit, you want a copy of the dictated report after the fact, when you go back for the next visit; for every doctor involved. Tests, you want copies of the results. Leave no stone unturned. CYA, cover your ass in other words.

Many people think they cannot handle their own claim without an attorney; but yes it can be done, if you are smart enough to gather up ALL the proper documentation; go to the doctor's do as they say; and keep records, explicit records on everything. Everyone you talked to, time, day, date, etc. CYA, once again.

I even went as far as visiting places where vehicles like my son's were being sold, acted like I was going to purchase, took my camera with me, took pictures of the vehicles, including the mileage on them. So I would have proof of what vehicles like these sold for; including the sticker price on the windshield or side windows of the vehicles. I went to all lengths to prove the value of my vehicle to not get screwed over.
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Last edited by Piccaboo April 30, 2012 at 09:22 PM.
Joined May 2006
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> bubble2 21,228 Posts
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Piccaboo
04-30-2012 at 09:31 PM.
04-30-2012 at 09:31 PM.
Quote from Suntot :
Thanks. The NADA link shows it worth about 14.7K
My car didn't even have a single dent or scratch. It was meticulous taken care off. Garaged, babied all the time. Synthetic oil. New tires 5 months ago. Alloy wheels, xenon lights, blue lit interior, spoiler and so many other things that no other Scion XD is going to have.

Will they take this into consideration?
My son had add -on's on the vehicle that got totaled, as he was a volunteer fireman - nope they were not going to cover any of this - even though we had receipts - and these were some expensive damn lights Annoyed We stripped the entire vehicle where it was towed to - as we are telling you to do - anything you added to it - that you think they may not cover - strip it - it belongs to you - do not to them - not believe for one moment they are going to pay you for these items - and if they are still in good condition - you can resell them on the after market to someone else - think about that idea.

My son was able to salvage his light bars - and put them onto the new used vehicle he purchased. We also took out the CD Changer from the trunk - it was not originally with the vehicle - at least not the one we personally put in there - we stripped it "clean" - including all the manuals for the vehicle - everything. They didn't own anything but the vehicle itself - that is all - after it was totaled. Do you have another set of tires and older rims to put on it? If so, go jack that sucker up and replace those rims and tires after they have appraised it - and get your rims and tires back - if they are not going to pay for those - they belong to you.

That vehicle will end up sold to a major junk/car dealer who will part it out completely - including all those add on's of yours - if only we knew where they took them here locally, sigh. Just like with homeowner's claims, they take what they can from a home that has damage, and they sell off the stuff in one central location in each state.
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Joined Oct 2009
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> bubble2 5,510 Posts
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Ryu-bom
04-30-2012 at 09:44 PM.
04-30-2012 at 09:44 PM.
just so you know no matter what lying sack of useless sh*t the cop is, his/her word will still trumps yours in the eye of the judge... Sad but thats the sad sad truth about our system of justice..

Anyways, you can blame him, her, the cabby or whatnot, the HITTER is always at fault... If your car HITS another car you as the driver are always at fault. And seeing that you were the last one who hit, the person who you hit just basically get to pin the blame on you.
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Joined Jan 2007
The Mistress of All Evil!
> bubble2 22,510 Posts
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Maleficent
04-30-2012 at 09:46 PM.
04-30-2012 at 09:46 PM.
Quote from Ryu-bom :
just so you know no matter what lying sack of useless sh*t the cop is, his/her word will still trumps yours in the eye of the judge... Sad but thats the sad sad truth about our system of justice..

Anyways, you can blame him, her, the cabby or whatnot, the HITTER is always at fault... If your car HITS another car you as the driver are always at fault. And seeing that you were the last one who hit, the person who you hit just basically get to pin the blame on you.
I'm thinking you meant to post that in this thread...


In this thread, OP was not at fault. Plus everyone already knows you hate cops and you're incredibly biased against them, it's no news to anyone. Bye
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Ryu-bom
04-30-2012 at 10:34 PM.
04-30-2012 at 10:34 PM.
Quote from Maleficent :
I'm thinking you meant to post that in this thread...


In this thread, OP was not at fault. Plus everyone already knows you hate cops and you're incredibly biased against them, it's no news to anyone. Bye
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..

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
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> bubble2 25,141 Posts
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Iaaaiws
04-30-2012 at 10:38 PM.
04-30-2012 at 10:38 PM.
Quote from Ryu-bom :
just so you know no matter what lying sack of useless sh*t the cop is, his/her word will still trumps yours in the eye of the judge... Sad but thats the sad sad truth about our system of justice..

Anyways, you can blame him, her, the cabby or whatnot, the HITTER is always at fault... If your car HITS another car you as the driver are always at fault. And seeing that you were the last one who hit, the person who you hit just basically get to pin the blame on you.
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..

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
Typical Ryu. Search for where the stray bullet hit and then draw a target around it and claim it was a conspiracy.
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