Car wrecked - let the fun begin..

[waterboy]

So my daughter got t-boned in an intersection when some guy ran red light. No one hurt, thank God. He admitted fault on the spot. Damage doesn't look bad but you can't really see how the rear tire is bent in (suspension damage).

Insurance company totaled the car but gave me a low valuation. Now we are negotiating that and I am trying to avoid losing money on this deal. At least let me come out whole...

I went back to them with recent upgrades and comparables. Waiting to hear from them on a counter offer. Any advice appreciated...

 

[Lextacy03]

Don't forget about recent service, etc.. Tires, Battery, Belts, Hoses ?

 

[BoaterGuy]

Does her back hurt? Sorry to hear and glad she is OK!!

 

[waterboy]

@RobA I asked her 10 times if she was hurt and she kept saying no. At least I tried!!

@Lextacy03 Good call on the battery thing as I replaced about 2 weeks ago. I will add that one to the conversation. Thanks!

 

[robert843]

Yeah I would ask her a couple more times if she is ok. Many years ago I was riding with a girl friend and we got tboned car was totalled on very similar conditions she said her head hurt a few day later took her to the hospital the gave her some Tylenol basically and sent her on her way insurance cut her a check for 2 grand for her head ache.

 

[CAM212SS]

no wonder my premiums are so high.

 

[Gym]

Similar thing happened to my daughter. Tboned, no injuries, very low valuation. Your car looks pretty late model. What is causing the total, bent frame? It took me a month of negotiating to get a fair settlement so hold your ground. They figure you need the money now to replace the car. When I finally got the settlement I cancelled the 4 cars I had with Commerce Insurance. (Name not redacted to expose the guilty) The supervisor sent me a letter months later asking me what they could do to earn my business back. I said, "fire the claims adjuster that bungled my claim as he was rude and useless."

 

[robert843]

no wonder my premiums are so high.

LOL I thought the exact same thing when it happened.

 

[waterboy]

The car is a 2004 Toyota Solara. They valued the car at $5000, and it needs $5000 in repairs. Basically rear quarter and rt. rear suspension, wheel etc. Looking on line, same car is running $8000 to replace. If it takes a month, so be it. Other guy is at fault completely and I am not planning on losing a dime on this one. uhhhggg.

 

[Murf'n'surf]

Sue him in civil court for the remainder of value and loss of work etc.

 

[Freezer41]

who offered 5,000 the at fault insurance or yours?

 

[Britboater]

I see car insurance is as much a lottery as it is in the UK, quick to take your money, but when your claiming they squirm, twist and turn to get out of it.
Glad your daughters safe and your only dealing with material items.

 

[rkluck]

Injuries from an accident may take several weeks to show up but that will not be a problem with the insurance. Your settlement is only for the car. Having gone through this before you can challenge (and usually have to) how they value your car. You just need to show the fair market value of your car in your area. You can use all online valuation tools and actual asking prices for the same car as the proof. If your car has extra items include that as well (great stereo or new battery). Be aware that just like if you buy a used car these will not effect the value much. The more documentation you have proving the actual fair market value is what will increase the check.

 

[waterboy]

@Freezer41 the at fault insurance is who I am negotiating with now. They made the offer and I rejected. I did write up a long letter to them with good comparables, upgrades, etc. Waiting on their response now.

 

[itsdgm]

@waterboy. Bummer about the accident and glad that nobody was injured. I'm sure different states handle this differently. However, I'd deal with my insurance first. You are their customer, they have your best interest in mind. Then they could surrogate the claim with the third parties insurance. They should give you a much better valuation of the vehicle since they know that the loss will be recovered by the other guys insurance. Also, don't take a settlement with the idea that you can recoop additional losses from the driver in court. A settlement is a settlement. The insurance company is representing the driver in this case.

Disclaimer: I'm not a lawyer, and I haven't ever slept at a Holiday Inn Express so results may vary. Batteries not included.

 

[rkluck]

Yes once you settle on the vehicle the settlement is done so make the best of it!

 

[Billtex2000]

I hate to be "That guy", but I hope you're all joking about the injury stuff. First of all, karma is a bitch, and second, you don't want to set a bad example and teach her to be a fraud. I see way too much of that crap at work and I pay too damn much for insurance here in good old New Jersey! Be thankful that she's OK 'cus it coulda' been much worse! If for some reason she doesn't feel well in the coming weeks, then you can deal with it, but I hope not. As far as the car; your insurance company should be working for YOU. You pay premiums to them, NOT to the the other guys insurance. If he is clearly the one at fault, his insurance co. is gonna' eat it in subrogation! Your company should have no problem paying what you deserve because his insurance is paying the bill! And I agree with @itsdgm, once the claim is settled you can't go after the guy in civil court looking for the balance, doesn't work that way. $5000 does seem a little hight for that repair even if they had to straighten a frame or replace the axle. Yes, I was an insurance adjuster in my former life but I did not stay at a Holiday Inn last night. Whatever you do, DON'T buy the car back as a salvage and repair it! I went down that road years ago...never again. Was the guy issued a summons for running the red light? Most jurisdictions wont let the reporting cop issue a summons unless he witnesses the violation, even in an traffic collision situation. But keep in mind that you (or your daughter I should say) CAN Just in case you want your pound of flesh

 

[waterboy]

First, yeah I was joking, but I will add that I was very serious in knowing if her and her passenger were hurt of not, knowing that often injuries show up later after wreck. so far so good. They did both have stiff necks and headaches, but it appears those are gone. If they do continue, you can bet I will pursue though.

Thanks for all the comments and will let you know what happens.

 

[rkluck]

Keep in mind the vehicle settlement is different than medical. I hope your daughter does not have any problems and you don't have to worry about that at all.

 

[BlacklimitedS]

You can make them replace it. If you have found similar cars in your area deny the cash settlement and tell them to replace the car. They will have to find one that is comparable to your current car. Sometimes to avoid that hassle they will up the offer. Worst case you have a car that is comparable.