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Old 10-09-2013, 12:23 PM
 
Location: San Antonio, TX USA
5,251 posts, read 14,121,230 times
Reputation: 8227

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Quote:
Originally Posted by amoralees View Post
my car was 4 days old with 20 miles, yes 20 miles when i drove it off the lot, got rear ended at 45 mph by some kid not paying attention. The trunk was pushed in causing the front right side of my car to pop out to, my car is uneven, it drives uneven. We were at a complete stop when he rear ended us. i got an estimate before the adjuster went to the house, they gave me an estimate of 12k to fix. my car has lost its value, it is not worth 30k any more, it will now have a wreck on carfax. i will not be able to trade off i will be way upside down. The insurance is low balling me telling me the repair are 5k. This is a new 2013 car. The impact of the accident was very bad, so bad it injured my 6 month old who was in her car seat. The straps of the her safety belts bruised her. Im scared to drive this car. I dont trust that this car will be safe like it was before. Please tell me what i can do.
The estimate you received from the insurance company is only for damage that can be "seen". When you have the vehicle repaired they(the repair shop) will submit supplemental estimates for additional damage that is not on the original estimate. The estimate you got done your self probably has "all" of the damage that they THINK is on the vehicle. Make sure you talk to you adjuster about DIV(as you said a accident will be on record, and the car is worth less now that it was before) As long as the car is fixed by a component facility, the car will be just as safe now as it was before
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Old 10-09-2013, 12:28 PM
 
Location: O'Hara Twp.
4,359 posts, read 7,477,564 times
Reputation: 1611
Quote:
Originally Posted by sinsativ View Post
Your policy will determine what, and how much they have to offer. If your car was in good shape, then, Trade in would be @@$12500 up to Dealer Retail of said car: $15700

If you are being offered anything in between, then you are ok. If you want to fight it, then you have to look for other cars in your area, for sale and show those prices as REPLACEMENT value. The values I chose are from Edmunds.com, which is what most insurance companies use as it is most conservative. Main thing to dispute is, REPLACE my car, don't give me $10k and tell me to sign a release. Advise insurance company that if you dont get a replacement vehicle, (if your ins states you are to) then you will pursue this request in a more legal venue.

Other thing is, the other party was at fault, you shouldn't be dealing with your insurance company. If he was insured, you should let them know you will pursue to replace your vehicle with same kind, mileage and such.
I am pretty sure if they total your car you will get Retail Value. If you have an average car I am pretty sure that is a sweet deal. A couple of years ago my car was almost totaled. Retail was a great number. I wished it got totaled but it didn't. I would have accepted the repair cost but they said either they total it or they fix it.
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Old 10-09-2013, 12:39 PM
 
3,183 posts, read 7,162,268 times
Reputation: 1818
I hope you got medical attention. Dont sign any thing the insurance company wants you to.
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Old 10-09-2013, 01:39 PM
 
1,889 posts, read 2,010,186 times
Reputation: 4112
If you have trouble with the insurance company you can also contact your state insurance commissioner. I don't know about CA but here in OK or TX they are fast about contacting the insurance company and discussing it with them and then explaining to you their legal obligation and options.
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Old 10-09-2013, 03:58 PM
 
Location: Raleigh
13,627 posts, read 12,242,954 times
Reputation: 20013
Quote:
Originally Posted by amoralees View Post
my car was 4 days old with 20 miles, yes 20 miles when i drove it off the lot, got rear ended at 45 mph by some kid not paying attention. The trunk was pushed in causing the front right side of my car to pop out to, my car is uneven, it drives uneven. We were at a complete stop when he rear ended us. i got an estimate before the adjuster went to the house, they gave me an estimate of 12k to fix. my car has lost its value, it is not worth 30k any more, it will now have a wreck on carfax. i will not be able to trade off i will be way upside down. The insurance is low balling me telling me the repair are 5k. This is a new 2013 car. The impact of the accident was very bad, so bad it injured my 6 month old who was in her car seat. The straps of the her safety belts bruised her. Im scared to drive this car. I dont trust that this car will be safe like it was before. Please tell me what i can do.
Did said kid have insurance? If he had it, then you almost invariably have the right to have it repaired where YOU want to, not the body shop recommended by his/her insurance, and their estimates of repair costs are between them and the bodyshop. File a claim against his insurance, get a claim number, take it to a reputable body shop, and get it fixed. The body shop (at least the bigger/better ones) are more equipped for that fight than you are. You shouldn't have to pay a dime for that.

Its hard to say what the status is on the Carfax; some might report "Vehicle was hit from behind" and little more, which could mean someone dinged your bumper in a parking lot. Sometimes, they say more about the amount of damage. "your mileage may vary." As far as being underwater, not to sound smarmy, you were likely underwater as soon as the wheels left the lot; you say it was a 30k car, as soon as you drove away it was a 26k car. The following possibility is dishonest, but might work for you. If you act quickly, you might be able to trade it off before it reports to Carfax/Autocheck. Say you don't like the car and its horrible for you or something.
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Old 10-10-2013, 10:30 AM
kum kum started this thread
 
4 posts, read 187,288 times
Reputation: 36
Hi,
Your car is less than one year old; insurance should give you 100% money – deductible to you if your car is declared as totaled.
But your car is not declared as totaled. That means you have
1. Get it repaired with authorized body shop. Normally body shop which insurance choose will be best if you think about $$. If you want all original parts then there may be extra out of pocket expense. I think going with insurance body shop will be best as they will guarantee everything they do and they do a good job most of the time.
2. Now coming to value loss, this is called diminishing value and you can claim that before you go ahead with settlement. Try finding online diminishing value report (I think it will be around $30) present that to insurance and ask them to pay. Till that time don’t sign any document of release of liabilities.
http://www.nasdaq.com/article/how-to...claim-cm174744
Note: for Vehicle damage don’t hire attorney as you will be under loss all the time as they take 20 to 40% of settlement and attorney can’t claim more than market value.
3. Once you all settled with #1 and #2 you can sell the car as you do not want to drive any more. You may lose some money but it will be minimal.
4. Coming to your little one. Make sure you do all medical test, scan, treatment and everything which is needed within 30 days to ensure everything is fine. This is critical irrespective of you have adequate insurance coverage or not to make sure your loved one will be in good health throughout the life.
If it is not your fault other insurance should pay and follow following steps
a. Hire attorney
b. Don’t provide details or statement of record to other insurance before you talk to your attorney.
c. Follow attorney direction – Normally attorney will claim more than what you spent keeping in mind the long term medical expense possibilities and it will be higher than what you spent so even if they take fee they will make sure you get enough
d. Don’t be in hurry to settle down. Give time at least 6 months to observe the medical condition change. You have 1 year time to claim or settle in normal circumstance
I hope this will help

Last edited by kum; 10-10-2013 at 10:31 AM.. Reason: formatting issue
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Old 10-10-2013, 10:44 AM
 
16,715 posts, read 19,292,781 times
Reputation: 41480
Quote:
Originally Posted by trbstang View Post
If any of my cars ever gets totaled, especially by someone else, I will insist they buy me an exact replacement with the same or fewer miles on it because that is what you have insurance for, to put you back in the exact position you were before the accident. I would not settle for less than the same car plus transportation charges if coming from out of the area (over ~250 miles) and I would also ask for sales tax since it is not my fault. Why should I be paying for that too? I already paid tax once. It's not like you would be suing for thousands of dollars of medical bills and injury claims also, I hope, as they could be paying that too. If they are playing hardball, you can always talk to the state department of insurance about it. Sometimes all it takes is to mention opening a complaint to get the ball rolling.

Good luck on the settlement.

edit: Looks like sunsprit and I were thinking the same thing at the same time!
Have you ever had to actually make a claim? Because that ain't the way it works. LOL
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Old 10-10-2013, 10:46 AM
 
16,715 posts, read 19,292,781 times
Reputation: 41480
Quote:
Originally Posted by amoralees View Post
my car was 4 days old with 20 miles, yes 20 miles when i drove it off the lot, got rear ended at 45 mph by some kid not paying attention. The trunk was pushed in causing the front right side of my car to pop out to, my car is uneven, it drives uneven. We were at a complete stop when he rear ended us. i got an estimate before the adjuster went to the house, they gave me an estimate of 12k to fix. my car has lost its value, it is not worth 30k any more, it will now have a wreck on carfax. i will not be able to trade off i will be way upside down. The insurance is low balling me telling me the repair are 5k. This is a new 2013 car. The impact of the accident was very bad, so bad it injured my 6 month old who was in her car seat. The straps of the her safety belts bruised her. Im scared to drive this car. I dont trust that this car will be safe like it was before. Please tell me what i can do.
Get an attorney if your child was injured.
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Old 10-10-2013, 10:54 AM
 
14,300 posts, read 14,088,313 times
Reputation: 45408
Quote:
Have you ever had to actually make a claim? Because that ain't the way it works. LOL
I was about to say the same thing. Total loss of an automobile is valued by using sources like NADA or KBB (Kelly's Blue Book). An insurance company has no legal obligation to buy you the same vehicle you had before the accident. Damages are limited to fair market value of the car, not replacement value. Although, there may be some similarities in the end result. A total loss estimate will include sales tax and licensing fees.

My favorite comment is when someone says "contact the insurance commission" if the insurance company doesn't give you exactly what you want. The Insurance Commission in my state has no jurisdiction, by statute, over third party claims. This is a way of saying that if you are fighting with the other guy's insurance, the insurance commission in my state (and probably many others) can't do a thing for you.

Try to remember the adjuster deals with hundreds of claims like yours in a year. Generally speaking, there is nothing unique or unusual about your car. A 1993 Toyota with 150,000 miles is only going to be worth so much money, no matter how much you loved driving the car.

There are ways to increase the amount insurance companies offer you for a total loss. However, it requires concrete proof. Not, the kind of bluster that so many people seem to engage in as a matter of course.
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Old 10-10-2013, 10:55 AM
 
3,433 posts, read 5,717,774 times
Reputation: 5470
Quote:
Originally Posted by convextech View Post
Have you ever had to actually make a claim? Because that ain't the way it works. LOL

BINGO !!!!!!!!!!!

The OP can stomp his feet all he wants, he can say " I want"............." I demand"......til hell freezes over.

They are not/never going to agree to fix his car if damages are more than the car is worth.
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