Car Accident Question

[mred2]

Had a head on last year. Woman on the wrong side of 2 lane road on something. Traffic in other lane. I think she was trying to pass several cars. My insurance company only want to pay me $10,000 less than KBB. I have hired an outside appraisal and lawyer. It was an F250, loaded. Good luck on finding a used one for less than $40,000.
And yes, I was hurt. Still waiting for surgery.

 

[NoTrespassing]

Our insurance company agreed to pay us $16,681. We paid about $14,600 5 years ago. We also got $2500 for hail damage that we didn't have repaired. We put over 40,000 miles on the car. I'll take it and move on. Our company will seek reimbursement from the at fault drivers company. I probably won't try to get reimbursement for lost use of about 5 days. It's not worth the effort and frustration to me. We never did get a rental car. Now it's time to find a replacement vehicle. Thanks for commenting.

 

[5030]

I always cringe anytime I have to go somewhere. Lots of distracted drivers and idiots on the road today. Like a national disease. Far as insurance goes, Insurance companies are all for profit so they screw you every chance they get.

 

[Monster5601]

Lots of distracted drivers and idiots on the road today. Like a national disease.

Road rage is another that is gaining popularity. It just seems to me people are angry about something and I guess I can understand some of it albeit I'm retired and debt free. Growing up and raising a family in the 70s and 80s, I can see their pain.

Just last week the wife and I were driving down Telegraph Road in Michigan toward Toldeo from the northern metroplex to meet my sister for lunch. Telegraph Rd. is a boulevard but runs through some rough neighborhoods. I was engaged in road rage by a driver for nothing more than driving the speed limit and flowing with traffic. I can only guess I was in his lane. I either turn down a side street or into a parking lot to gain distance from the angry drivers. The number of road rage shootings is on the increase as well.

I was talking to my insurance agent yesterday regarding my 6-month renewal. He told me comprehensive is going up ($100 for the policy of three vehicles) due to the increase of claims, most from distracted driving.

Now is a good time to plug dashcams, if you don't have one think about getting one. I had a guy sideswipe me (a few years ago) on, yep, Telegraph Road. He told the police I entered his lane thus hitting him. It was the typical "he said she said" until I showed the dashcam video to the officer. I also was able to show the video to my insurance company which covered the claim 100%. A picture is truly worth a 1000 words.

 

[tradosaurus]

I'm so sorry to hear about the accident your wife was in. It's definitely a tough situation to be in, especially when you're not sure if the car is going to be a total loss or not. As for the rental car, it's definitely the responsibility of the at fault driver's insurance company to provide one for you while you're waiting for your car to be repaired or replaced. I was in a similar situation a few years ago, and my workplace injury lawyer helped me navigate the process and made sure that the other driver's insurance company covered everything they were supposed to. It's definitely worth reaching out to them and asking about it. Good luck!

1 post and wearing a mask?

 

[two_bit_score]

If your policy includes coverage for a ‘rental’ then it’s usually a specified dollar amount per day according to the coverage you purchased.

Normally first party coverage for ‘rental’ is $15, $20, etc per day and there is usually a maximum dollar amount which works out to the daily rate x30 days. Such as $20 per day for 30 days is $600 Max.

“Loss of Use” is completely different than the contractural ‘rental coverage’. Loss of Use is an element of damage in your tort claim against the person who damaged your car. If your vehicle is a total loss as a result of the accident you are entitled to be paid for the monetary “loss” of the vehicle you owned for a reasonable time to replace your totaled car. But, the law in most states does not permit you to collect “loss of use“ damages beyond a reasonable time for you replace your car. The court/jury will make the determination about what is reasonable, ultimately, based on statute or most likely, case law in your state.

In most states the claimant is entitled to reasonable “loss of use” compensation even if they do not directly incur any expenses to rent a vehicle. You did not have the “use“ of your vehicle while it was in the shop for 10 days being repaired so the responsible third party’s insurance company owes you a reasonable daily $ rate for that loss.

You may want to check with your state’s Insurance regulatory agency for what to expect and what the laws are in your particular state on “loss of use” claims on an automobile total loss as well as what to expect from the insurance company for payment of the value of your totaled vehicle.

Disclaimer: I’m not a lawyer and this is not legal advice.

 

[two_bit_score]

In a total loss claim the correct evaluation of the vehicle is absolutely important. That would seem easy but it isn’t always as easy as it would seem.

When the insurance company tells you their offer you should be sure you understand everything that went into how they determined that amount. Equipment, mileage, all options and packages, should be included and properly evaluated. A very important consideration is ‘condition’ and insurance companies have very specific ways of evaluating vehicle condition, which may seem very objective but are not actually. They might very well look for every flaw in or on your vehicle and try to apply a $ amount of deduction from the value.

Generally the law in most states determines the amount of ‘actual cash value’ as the difference between the value of the vehicle immediately before the accident and the value of it after the accident. IOW, the value before, less the salvage value = Actual Cash Value. Yes, they ‘could’ (but probably won’t) offer that difference to you and leave the salvage vehicle with you. This doesn’t happen that often unless extenuating circumstances are present.

Knowing the laws and regulations in your state before you get the insurance company’s offer is important. Your state department of Insurance should help you with that information.

Disclaimer: I’m not a lawyer and this is not legal advice.

 

[scaredychicken]

i agree with two_bit_score

similar here in BC Canada

 

[notaz3]

I only have one word for car accidents... Dashcam. Without it my son's first accident would have been a "he said, she said" situation. With it, the other driver was sighted and found at fault.

 

[bdhsfz6]

I only have one word for car accidents... Dashcam. Without it my son's first accident would have been a "he said, she said" situation. With it, the other driver was sighted and found at fault.

Dash cam video is certainly helpful but it isn't always valid in some courts & legal jurisdictions. Law enforcement is often loathe to issue a citation unless the offense is personally witnessed by an officer.

For the most part, insurance companies will use dashcam video to determine fault however.

It certainly doesn't hurt to have one though.