Some Advice for an Accident victim, please

[gray ray]

Having gone thru this same, painfull, experience several times in the past I finially wised up and found an attorney, and not a good attorney eather, I found the sleaziest ambulance chaser I could, I put his name and phone number in my wallet.

The last fender bender I got into (some young girl on her cell phone making a right turn from the left lane clipped my left front fender) I didn't even get out of the car. I told the cop to call an ambulance. I claimed every malady known to man; loss of sleep,sore back, shoulder, neck, head aches, nausea, depression, deprivation of services, (that means I couldn't get a hard on). I turned everything over to the attorney, I didn't even talk to her insurance carrier, or mine.

The attorney filed a 2.5 million dollar bodily injury clain against somebody, and suddenly everything got taken care of. Car got fixed, rental car provided, physical therapy (a great massage twice a week for about six months) It took about two years to settle but in the end I wound up with a couple of grand for pain and suffering and everything was fixed.

An insurance company makes it's money by taking in premiums and paying out losses. the difference is profit. Therefore, it behoves them to pay out as little as possible. You can not fight these people by yourself.

Chalk this one up to another one of life's lessons learned.

Good Luck

 

[gixxerjasen]

It's the report on what vehicles currently for sale they are using as comparables to your vehicle. They should know what it is when you ask for it. As for the ignornace, that's why I suggested doing reading up on some sites especially for your particular state.

 

[Old Guy]

Good thing you are in a Ford. Built Tough!!! I would dump your insurance company after getting a response like that.
Good luck,

Dave

Well, the other party's liability is the responsible company, but the fact that your company won't even offer advice is weird. I'd be looking elsewhere as well. I prefer to use an agent for this reason. I want someone I can talk to face to face.

 

[rbentnail]

Well, the other party's liability is the responsible company, but the fact that your company won't even offer advice is weird. I'd be looking elsewhere as well. I prefer to use an agent for this reason. I want someone I can talk to face to face.

That's the strange thing- he is an agent! A real life person. With an office. Been doing home and auto business with him for more than 20 yrs.

 

[rbentnail]

It took about two years to settle but in the end I wound up with a couple of grand for pain and suffering and everything was fixed.

This is one of the things that gets me. When you say 2 yrs to settle, what exactly do you mean? It took 2 yrs to replace a vehicle? "Their" insurance company paid for a rental for 2 yrs? How often did you miss work for court, appts, dr., therapy, etc. over the course of 2 yrs? Sounds like an huge pile of BS and lost wages, unpaid bills, etc. to get "a couple grand". How much was out of your pocket over the course of 2 yrs? How can it possibly be worth the hassle to drag it out?

As I said earlier, I'm just a workin' slob. I can't be without a my vehicle for 2 yrs. It feels like every time I drive a rental I'm taking a huge risk b/c if someone smashes me again... know what I mean? I can't afford to miss work, I gots bills to pay.

 

[rbentnail]

It's the report on what vehicles currently for sale they are using as comparables to your vehicle. They should know what it is when you ask for it. As for the ignornace, that's why I suggested doing reading up on some sites especially for your particular state.

I'm finding it particularly difficult to find info specific to North Carolina where I live. There's so much generic bull dookie to sift thru nothing makes sense any more. And b/c so many folks have had to deal with so many horseshit situations, I'm beginning to regret ever asking for advice.

 

[gixxerjasen]

Typically I've found that insurance companies handle things separately, vehicle, and injury. Settling the injury and pain and suffering part can take a while because you won't want to settle till you are better and are sure there's not going to be any more doctors bills for things that pop up. If you required surgery, then you might have to go back later and have pins removed, which would be at the insurance companies expense.

As for the car, that can be short or long depending on what you are willing to accept. As a rule the insurance company will give you an offer and they will cover the rental for x number of days once the offer has been made. They will not keep you in a rental for two years. We worked with a similar situation. My wife's step father had co-signed for her car, but then filed for bankruptcy. It was a hassle to get her insurance check released to her since his name was on the title with hers and took a while. The insurance company's coverage of her rental ran out quick and we were stuck.

The first thing to look at is to ask for the CCC report when it comes. That's your starting point. Look through it, there should be three vehicles listed that they pulled from carmax, autotrader, cars.com or something like that. Typically they go find ones for sale for the smallest amount of money to base what the market value is for your car. Look and make sure that they didn't list a car in Kansas, because that doesn't represent the market value of your vehicle because it's out of the market. Make sure they used correct model vehicles with the correct trim level. Make sure the mileage matches yours and they haven't listed a 100,000 mile truck to compare to your 50,000 mile truck. I ran into this because they used a bike with no mileage listed in the ad and I had to point out that you couldn't possibly compare it to mine without that information and got it removed from the report.

I ran and found my own examples and submitted to them these examples and told them what I expected to get for my bike. That proceeded into negotiations and we met somewhere in the middle. I didn't get what I wanted but got much more than was initially offered. It all comes down to how much you want to fight with them vs what you are willing to accept. If you don't want to fight and the initial offer is good enough, then take it and run.

I did a pretty good job on my vehicle negotiations. I didn't have any major injuries but I was checked out twice and had a lot of pain from where I'd landed on my hip. I read up and figured up what to ask for. When it came time to settle the guy made an offer, and I counter offered and he replied with "Ok, we can do that." Drat! I shot too low! Oh well, still ended up with more than he offered.

It's all a big game and it's all negotiable. I used to poo poo the idea of suing and using lawyers, but if you have a major injury, you need that help. Because just because you choose to not play the game, doesn't mean the game isn't in session and you'll be the one getting played. Lawyers will cost you more in a vehicle only situation if you have no major injuries though.

 

[Checkswrecks]

It comes down to this:

They are going to make you an "offer," which you accept or not.

The adjuster won't say it is an offer, he will make it a statement or put it in a letter, such as "Mr. Bentnail, the damage to your truck is $X and we are going to . . ."

At $24,000 value, I'm not so sure your truck is a total, even with a bent frame. I've seen plenty worse come out just great.

So hang in there until you get their offer and go from there, because there is a fork in the decision path, as to whether it is a total or repair job.

Total:

IF they are going to total it and just pay out, then YOU have to decide if their offer is reasonable. Not what you want, but fair and they arrived at the number with good reason. If you can buy an equivalent year/make/model/mileage/condition truck in your area then it's reasonable. If not, then you have the option to not take the payment and make your case. Again, you are not going for a windfall, you are going for equivalent year/make/model/mileage/condition. As for condition, if the tires aren't spanking new, they won't care. And if possible, remove your farkles before getting into the process because you seldom get full value for those.

When you reach an agreement, they will pay your loan and you get what is left. Happy shopping. The key in here is the adjuster. There is a pride to putting numbers on damage and repair, so if you get a person who is entrenched in the number they offer, you ask what their appeals process is. Or ask for a supervisor and ask that person to initiate an appeal.

Repair:

The other fork is that the insurance company decide that the truck CAN be repaired. Again, a tweaked frame is not the kiss of death. The key here is to make clear to the body shop MANAGER before they start, that you are NOT going to accept it with bondo anywhere, without all panel edges having absolutely equal spacing and good alignment, that you are going to inspect the paint in the sun, you are going to check headlight alignment, get under the truck, and that you want the actual numbers from their doing a full 4 wheel alignment when they are done. As with the the insurance company cashing you out if the truck were a total, you do not accept the truck from the body shop till you are fully satisfied.

Get local input:
If you really want some good local input beyond what you are getting here on the inter tubes, go to your local Ford dealer and ask for their body shop manager. Insurance companies almost never use a dealer, so he will already know that you are just trying to get smart. Show him your photos and ask what he thinks on the repair/total aspect & rough values (he probably won't give you any), but more about his local experience with the insurance company, the adjuster, and the insurance company's captive body shop. The body shop managers tend to all know each other and the adjusters, too. If he is not around, ask the manager of the used car department or the person who manages their auctions. Those three tend to be the more experienced and "worldly" at any dealer.

Good luck!

 

[bramfrank]

One thing in our no fault jurisdiction is that we don't deal with the other party's insurance - not your fault? Your insurance pays the deductible.

However, having been through a couple of claims over the years, insurance companies can be less than honourable - lowballing settlements.

DO NOT ACCEPT A LOWBALL OFFER.

If your truck was clean, find comparable trucks in your area to prove the value - in fact you can tell your insurance company to find and buy you an acceptable replacement if they won't pay you what you say you need to get another vehicle with similar mileage in the same condition.

BTDT with 'replacement cost' and 'replace with new' insurance where they refused to replace a door that had been hit, insisting that a door skin was adequate - except that the manufacturer didn't sell door skins and they were obligated to use new OEM parts.

DO NOT SETTLE. Get a professional adjuster's opinion in writing (you are allowed to hire your own adjuster, by the way - and who do you think is going to offer you a better settlement? Your adjuster or the insurance company's?) Two opinions would be better than one, then allow the insurers to refuse the settlement in writing and pay the price for whatever settlement you feel is appropriate and claim that from the insurers. Be prepared to take them to court - the judge called my insurance company 'slime'.

 

[rbentnail]

Thanks folks for the lessons, some of it is beginning to make sense. Again, it's the waiting and powerlessness that's killing me. So to distract myself I did a little shopping today. Hoe Lee Crap!! I had no idea prices had jumped so much!! A comparably equipped (actually with a few individual items missing but with the same overall luxury package) 2012 leftover in my area is near $44K now. About $12K more than just 3 yrs ago. I got a bad, bad feeling deep down that the 20 or so yrs that I worked for and care for vehicles to get to that level of traveling comfort just went right into the crapper.

 

[Checkswrecks]

Take it step by step or your own emotions will be your worst enemy. You don't even know if it'll be a repair or write-off yet, and plenty of claims are good on the first cut without an appeal.

Remember that the value of your loss was to a specific year/make/model/mileage/condition.

You (still) have a 2010, not a 2012. Work to what you have.

And like I said before, get input from your local professionals. Even those of us who work this stuff (I mostly work airplanes.) don't know your local market or laws.

 

[gixxerjasen]

Insurance companies almost never use a dealer

You should also be able to choose who does the work for your car, so long as it's a reputable company and not your cousin's best friend in his garage. Insist that they do the work at the dealership of your choice. I can't imagine a dealership that wouldn't be an approved repairer by the insurance company. Usually they'll try to shunt you off to a repair company that they have pre-arranged deals with but I've never had them make a squeak about going to the dealership.

 

[HotRodZilla]

FWIW, If they say the truck is repariable, ask around. DO NOT just take it to a dealer because they are a dealer. We have a Ford dealer here in Albuquerque that has a terrible body shop. They lost a ton of business because they were so bad. FUBAR'd a simple job on my truck a few years ago that had to be redone by someone else. Even if they are better now, I will never go back because of it.

The best bodyshop in Albuquerque is on our State Farm list and is a mom and pop shop. They are EXPENSIVE...But when people see the quality of their work, they understand why. So...Ask around. Ask everyone you know. Ask people with older cars that have been restored. Ask any cops or tow truck drivers you may know. Some of those people will have good places to take your truck.

 

[gixxerjasen]

Good point HRZ. I'd been in Dallas all of one week when I got rear ended on the highway. Found out from one of my coworkers that the body shop they were trying to send me to wasn't any good so I insisted on a dealer. It was the best I could do at the time with limited local knowledge. But yea, ask around for certain, or you'll be the one steering folks away from them the next time.

 

[Geezer]

FWIW, If they say the truck is repariable, ask around. DO NOT just take it to a dealer because they are a dealer.

Agreed. In fact, the body shop at my local Ford dealer is the Geico body shop. If you use them they guarantee you will get your vehicle repaired quickly. No guarantee about quality. I know I said it before, but you really do not want to use the body shop that is more interested in keeping the insurance company happy than keeping the customers happy.

 

[stevec677]

My only experience with an insurance paid for repair was in 1999 on my 1997 pickup truck. I used the Allstate approved body shop and they did a poor job. It looked good on the outside, but it failed 3 years later. At that point I had moved to another state. Because I used an approved shop, Allstate warrantied the repair at another approved body shop in the new state. The repair failed again in 2008 and they fixed it again under warranty (this time the correct way). I owned the truck until 2013 and am very glad I used an approved shop. Most shops will stand behind their work, but it is better to have an insurance company behind you as apposed to a local shop that might not be around in the future,

 

[rbentnail]

The truck was taken to the repair shop I chose, no questions asked. And also moot. The shop man- known him for yrs, used him once but the wife several times- estimates about $17k. Then got the call this morning- total loss.

But I damn near dropped the phone at the guy's offer. Remember my research? $24k-ish? He says "we give you $23,869.39". I guess I was expecting much worse so I nearly **** right there in my own kitchen. Discussed it with the wife, we're good with it. He's calling back tomorrow, I'll tell him ok. Why not? It's fair and reasonable.

 

[HotRodZilla]

Well, that sucks, but was expected. Seriously, RIGHT NOW is the time to buy a new still on the lot 2013. The Internet is your friend, and do not pay more than invoice.

 

[rbentnail]

Well, that sucks, but was expected. Seriously, RIGHT NOW is the time to buy a new still on the lot 2013. The Internet is your friend, and do not pay more than invoice.

True dat but.....

I spent 25+ yrs to slowly and surely work up to that level of traveling comfort, always mindful of the budget and the importance of other things when compared to a luxury vehicle. And I'm blessed just enough to have a wife who in situations like this does not become emotional and who can prod for thoughts and feelings without anyone (me) becoming defensive. She's really, really good at that. Believe it o' not I'm not by nature a touchy/feely sort of guy so we sometimes have some energetic or one-sided conversations but in the end it's all good.

In our discussions I've come to realize that the times they have a'changed for us. I'm not 4 wheeling much anymore, I'm not hauling crap every day. So smaller yet comfortable to fit our needs better, including financially, is the smart way to go. I know it may seem like going backwards in life but ya know sometimes you get handed lemons. I can sit at home and whine about it or I can get on with it. I choose the latter. Especially since I still have one- the wreck could have just as easily snuffed it.

 

[Geezer]

Smaller is not necessarily backwards. There are plenty of nice comfortable vehicles out there that are smaller and less expensive than a new high end pickup truck.