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.

 

[kenmac]

Hope all turns out ok for you & family. I also hope they have enough liability to cover. I was talking to my agent the other day. He was telling me that most people only carry the state min. of liability coverage. don't know what the min. is where you live. Here it $40,000 or $50,000

 

[Phils]

Hope all turns out ok for you & family. I also hope they have enough liability to cover. I was talking to my agent the other day. He was telling me that most people only carry the state min. of liability coverage. don't know what the min. is where you live. Here it $40,000 or $50,000

The liability minimums here in CA are 15,000 per person, 30,000 total per accident. These were the minimums when I began driving in the mid-sixties and are pretty inadequate IMO. The state has recently began a "low-cost" insurance program (income and asset requirements) and those liability limits are 10,000/20,000. It makes Uninsured coverage all that much more important since your higher limits 'take over' when the other person's limits hit the max.

Considering medical bills and lost wages alone, either of CA's limits can easily be exceeded before "pain and suffering" are even considered. If you are disabled because of the accident and have to rebuild your house (wheelchair ramps, lower counters, etc.) there clearly isn't enough money if the driver that hit you had minimums.

Phil

 

[dmccarty]

KThompson,

We are running the tests to CYA but also since we had some injuries.

I got home yesterday and there were two big envelopes in the mail from Lawyers. The good thing was that they sent me a copy of the accident report which I still needed to get.

We had a near head on collision at a pretty good speed. I turned and braked so that greatly lessened the injuries. I think I understand what you are saying about the 3 payments on the medical bills. It matches what the doctor said to me.

The accident was on Friday evening. Saturday I started researching a a new used car as well as the value of the car in the accident. The wifey has documented NADA, KBB, and the local Autotrader values for the car.

One thing I read is that if they do NOT want to total that one needs to ask for a tear down estimate. Don't accept them just looking at the damage and hope the see everything.

The other issue is Decrease Value. My understanding is that in NC if I cause the accident and my car is repaired insurance does not cover the decreased value of the car. Decreased value is when a buyer finds out that your car which prior to the accident was worth 10,000 dollars but now will only give you $8,000. The $2,000 lost value is not covered. UNLESS someone else hits you. But even then you have to fight for it.

The other good thing is that the accident report had the names and addresses of two witnesses. One car with two people in it saw the accident. The driver wrote up a statement. The couple in this car went beyond the call to help my wife and daughter especially when I went to check out the other driver. I could not thank them enough for what the did and what they offered to do.

They will get a thank you card and a big something. I was thinking a big box of chocolates, , but since I know where they live I thought of something else. We know the owners of a French bakery. The baker is from France and studied in a baking guild since he was a teenager. Great people and the bread is awesome. Especially with Rox's oil. Hmmmmmm. There is another thought. So they are getting something special for their Good Deed.

Later,
Dan

 

[dmccarty]

Regarding liability....

I guess I will shut up on that topic since I have no idea how this will turn out.

I am thankful we are just banged up. This could very easily have been a multiple fatality accident. She was doing 45 according to the accident report and I was doing 55. Going through the what if's we had the best possible outcome...

Later,
Dan

 

[Cat_Driver]

Don't make a move without an attorney either one through your insurance company or on your own otherwise insurance companies get paid by screwing YOU.

 

[2manyrocks]

Be careful about what you give the witnesses or it may come back to haunt you.

 

[EddieWalker]

The first offer is always going to be low. It's just for the suckers. Turn them down. Then when they come back, the offer will be for more. That's also a suckers offer.

Wait them out, but know what the true replacement value of the vehicle is and don't take a penny less. You didn't cause the accident, you didn't destroy your car, in fact, your car was just fine the way it was.

The longer you wait, the more pressure is on them to settle. I don't know about your state, but in some places the insurance company has a deadline to settle, and if they don't it goes to another authority. They don't want that since they no longer have any control over what they will have to pay.

Wait them out and stick to what's right.

Sorry to hear about the accident, but glad everyone is going to be ok.

Eddie

 

[Bird]

Unlike many people, I've never tried to make money on an insurance claim, but I also don't want to lose money, so it does sometimes take a little time and negotiation. Personally, I've never used a lawyer, but I can understand why some do.

 

[dmccarty]

Be careful about what you give the witnesses or it may come back to haunt you.

I thought about that but there are two witnesses, well three actually but there are two signed statements, and the accident report is cut and dried. There is no if, ands or but about the accident. The other driver did not yield. She powered through the intersection. I left lots of tire in the road. She left none. She never saw us.

I think it would be pretty funny if a lawyer tried to say we bribed a witness with a loaf of bread, olive oil, and a thank you card. That would go over real well. Not that this is going to every get that far.

We know what our car is worth. If the car is totaled that is... I am more worried that they will try to repair it. Given that the deer we just ran over cost $900 to fix and there was not one scratch on the exterior of the car I will be shocked if the car is not totaled. But we know what to do with car if it is not totaled.

My back, chest and neck still hurts. Not real fun. In the last week we have spent every free moment going to the doctors, learning about how to deal with this mess, figuring out the value of our car and getting ready to buy a replacement. I got better things to do. The weekend before the accident I finally was able to cut down some dead trees. I have trying to do that for the better part of a year. I was hoping to get the trees cut and split for firewood last weekend but that is not happening due to my back/neck.

And we had to go out today and car shop. I HATE car shopping. We had narrowed down the possibilities but we had to go test drive one or two cars. Now that chore is done its just getting a price and waiting for the insurance company to do their thing with our old car.

Looking at new car prices there is no doubt as to why the car companies are having financial trouble. And that new car smell is VERY nice. But its too rich for us!

Later,
Dan

 

[PILOON]

Was once involved in a headon that was all the other driver's fault.
When it came to settlement I simply said to replace the vehicle with a similar one in similar condition, and stuck to my guns.
Naturally they balked at that claiming 'they did not operate that way'.
Long story short, the tactic paid off as the settlement ended up far higher than I paid for the totaled car.

Another time, (vandalised Audi) they offered on an item by item basis, depreciated values for each component! (like $100 for the 'used radio', $10-20 for each damaged trim etc etc.) and told me to go to XYZ shop for the work.
I told them I'd gladly accept 'good used replacement' as after all I agree the car was not new but no way was I going to negotiate piecemeal every little bitty piece.
I replied, OK, BUT you issue a PO and you pay the invoice as I'm not about to do your negotiating.
Stuck to my guns 'til they finally agreed.
I only paid the deductable!

They will try to lowball and save money.
Did you cause the accident?
No and if their client had not trashed your car you would still be driving it.
Also they should be footing the bill for a rental unit 'til resolved!