Car Accident and Insurance

[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!