Joined May 2006
L5: Journeyman
Forum Thread
First car accident... need advice
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
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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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.
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.
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.
My car is totaled.
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.
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?
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.
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 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.
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.
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.
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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And yes, thank goodness she wasn't in there, that would have been horrible!
The insurance company issued me a separate check for it and everything.
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.
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.
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 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.
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.
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.
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.
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.
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.....
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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.
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.....