Car Accident and Insurance

[dmccarty]

Last Friday.

Which was the 13th. I was driving with my wife and youngest when we got into a near head on collision at an intersection. We were very lucky in that I saw what was about to happen and was able to brake and turn which kept the accident from being much much worse. The wife went to the ER but she was cleared to go home. We are all going to a Chiropractor for followups. I for sure have a neck problem. The wife and child we won't know any more information about their injuries until today when their XRAYS are reviewed. We all have aches and pains.

The other driver was at fault and their insurance has assumed liability.

I know to go see a lawyer if I have too.

I am assuming our car will be totaled. We have been told the insurance will use NADA value if totaled but there are different valuations. So which valuation are they going to use? My assumption is that they will go cheap.

Any other tid bits might be helpful.

Later,
Dan

 

[Lloyd_E]

Take lots of photos: photos of car, site of accident and any visual injuries on your person- bodies.

I would also keep a daily diary or journal of how you(everyone) are feeling. More from a psychological point of view. Trauma can occur at a later date. It is important to document any change. Also, I would document any phone conversations with insurance co.

Glad you and your family are OK and it wasn't tragic.

I survived a major accident a few years back. Car was totaled but I walked away with no injuries. A little sore but that worked itself out.

lloyd

 

[dmccarty]

I am keeping notes.

And reading up on our states insurance regulations. One thing I have learned is that car will be totaled at 75% of value. We are assuming the car will be totaled. My wife got an 8 point buck just before XMAS. Unfortunately it was with this car. Long story short, she ran over the deer and the only damage was to the radiator and AC condenser which cost $900 to fix. NO visible damage at all. The radiator and AC condenser will have to be fixed, the who front end of the car, front side panel, some bottom panels, windshield at a minimum. I would guess there is a few thousand dollars minimum from what I could see and I was not looking real close.

The car was not drivable. The engine was still running but the car could not move. Its FWD so I'm guessing tranny damage and/or CV boot damage. Course the engine could be damaged too. Have not idea about underside of the car.

The collision was almost head on. I did not see the collision since I blacked out when the cars hit. I felt it but did not see it. It was rather violent. We were doing 55 mph before I slammed on the brakes. The other driver had punched it from a stop and doing I would guess 15ish.

We got very lucky. If I had not seen what the other driver was doing and acted I would certainly have been hurt if not killed. We just want to put this behind us and have the insurance company do what they are supposed too without creating alot of angst.

Later,
Dan

 

[Bird]

NADA values and Kelly Blue Book values are considerably different. Naturally, the insurance company will want to go as low as possible, but in my experience, that is negotiable. If it's totalled, they'll look at wholesale or trade-in value and you'll look at retail replacement value; probably meet somewhere in between. It helps if you have receipts or some kind of records that you can show how recently you replaced the tires and/or battery, how long since it was tuned up, had new brakes, had a front end alignment, etc.

 

[dmccarty]

What I read is that they use NADA but searching local provides a better retail value. I had already done this since we assumed the car would be totaled. The local used cars are about same value as NADA. The NADA value is the top 5% of cars. So you need to be able to prove you are in the top 5%.

Later,
Dan

 

[2manyrocks]

You seem to be focused on replacement of the car, but what about your medical bills and pain?

 

[firedog]

Dan, sorry to hear about the accident. Hope everyone comes out allright.

My daughter has had a couple of accidents in the past few years, and I was able to gain some understanding. When the insurance totaled her first car, they actually went and evaluated it to determine to blue book criteria. When I spoke with the agent mentioned the overall condition, tire wear, interior wear & mileage. Was still able to negotiate up a little.
Even though the other party was at fault, her PIP still paid. Her agent said she could claim against her own ins. which would inturn file suit against the other, but it would be better to work through the other agency from the start.
Hospital & medical bills are always a hassle, seems they wait until the ins. claim is closed before filing their part. One group sent their first bill 11 months after the fact.

Good luck & a speedy recovery.

 

[dmccarty]

You seem to be focused on replacement of the car, but what about your medical bills and pain?

There are three different mechanisms for the medical bills and these bills are covered at the moment. Pain hopefully is short term and what can be done has been done.

The next immediate problem(s) will be related to the car. Interesting conversations over the Progressive Insurance thread.

Later,
Dan

 

[dmccarty]

Hospital & medical bills are always a hassle, seems they wait until the ins. claim is closed before filing their part. One group sent their first bill 11 months after the fact.

Good luck & a speedy recovery.

Thank you.

What little I have heard about the medical bills is that the other drivers insurance will pick up the tab up to their policy limits. And they won't pay until the claim is closed.

Later,
Dan

 

[kthompson]

Thank you.

What little I have heard about the medical bills is that the other drivers insurance will pick up the tab up to their policy limits. And they won't pay until the claim is closed.

Later,
Dan

Dan, think NC and SC law is the same here. Even if your medical insurance pays they are eligible to be repaid by the other auto insurance. Even if they pay you, you are required to repay your medical insurance company and they do track that.

Expect about 3 times the amount of medical bills from them for the payment of the medical bills, and for pain and suffering. So if you were to sue and got 3 times the normal split is 1 time to pay the bills, 1 time for the attorney and 1 time for your suffering. If you are able to get the 3 times without an attorney you end up with about twice as much for still have that 1 times to pay the bills. Some companies will step in and settle the medical or car damage without the other being settle but not all. If you don't have to be in a hurry that is to your advantage. He who is in the biggest hurry to me suffers in such a claim. If you run into a problem with their insurance company you probably can file a complaint with the NC Dept of Ins and they might be all the help you need saving an attorney.

Have firm info on what you can buy what you lost. That can help you. Sad to say this, but if there is any concern on anyone's injury have all test run that could be important. The sad part is that helps your claim even if negative.