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Car almost totalled

By joshuatrio follow joshuatrio   2016 Dec 6, 5:58am 6,561 views   26 comments   watch   nsfw   quote   share    


Hey guys - so, any legitimate advice would be well received about my situation.

I was in a pretty bad car accident last month - other guys fault. The car was almost totaled, but the insurance company refuses to total it and says it's repairable. Damage is somewhere around 70% of the cars value, and the shop says it's right on the line.

In the end i'll be getting a car back that's value is seriously diminished value. While the insurance company says they will compensate me for it - I doubt it'll be very much.

I'm not claiming physical/bodily harm - although I did have back pain from it and went to the doc/x-ray for it.

I've never sued anyone, nor am I a sue happy person, but how do I go about making sure the other insurance company makes this right? Should I contact a lawyer?

1   BlueSardine   ignore (3)   2016 Dec 6, 6:13am     ↓ dislike (0)   quote   flag        

If your back pain persists, make a fuss about it with a lawyer letter or two. That alone has the potential to be a lot more costly to the insurance company then buying you an undamaged comparable value car.

2   MMR   ignore (0)   2016 Dec 6, 6:18am     ↓ dislike (0)   quote   flag        

how much would the insurance be paying towards fixing car

At this point, would it be possible to claim physical/bodily harm?

What was the doctors general impression of your case?

People in Atlanta are the worst drivers in the United States. People who text and drive aren't ticketed strongly enough, among other things. But most inattentive drivers in the US.

3   zzyzzx   ignore (1)   2016 Dec 6, 7:37am     ↓ dislike (0)   quote   flag        

This thread is worthless without wreck pictures!

4   zzyzzx   ignore (1)   2016 Dec 6, 7:45am     ↓ dislike (0)   quote   flag        

I also want to know if the wreck caused an epic traffic jam.

5   joshuatrio   ignore (0)   2016 Dec 6, 7:53am     ↓ dislike (0)   quote   flag        

Ironman says

That would be a great "lever" to use to push your case for totalling the car. A couple of well written and forceful letters to get that point across might just make the insurance company change their mind.

Glad to see you weren't seriously injured.

I just called a lawyer and have an appt. today to see what I can do. The last accident I was in (11 years ago), the party at faults insurance company literally bent over backwards for me. There was no need to call a lawyer. They really took care of me, and went over and above to make it right.

This company though, is making me work just to get things replaced that need replaced. Not only do they keep trying to reduce the repair cost (to not total my car), but they fought me on replacing the car seat that was in the car when I was hit.

I don't want to sue, nor get rich off of this shit - I just want a similar, non wrecked, non frame damaged car again and a little bit of compensation because of all of the hoops they are making me jump through.

I still do have minor back pain, but I'm generally the kind of guy who "walks things off." If this is the route I have to press, to make things right, so be it.

zzyzzx says

I also want to know if the wreck caused an epic traffic jam.

It did. Blocked three full lane and a turn lane, plus a backup down one of the major highways.

6   zzyzzx   ignore (1)   2016 Dec 6, 8:09am     ↓ dislike (0)   quote   flag        

joshuatrio says

the party at faults insurance company literally bent over backwards for me.

Which insurance company?

7   zzyzzx   ignore (1)   2016 Dec 6, 8:11am     ↓ dislike (0)   quote   flag        

joshuatrio says

I just want a similar, non wrecked, non frame damaged car again

Without pics, how do we know? Actually, we would might need wreck pics with some of the body panels removed. That and if it's done right, some of the outside pieces can be cut out and have a new piece welded in. And unless it's a truck, it probably doesn't have a frame. What type of vehicle (make, model, year, etc.).

8   FNWGMOBDVZXDNW   ignore (2)   2016 Dec 6, 8:24am     ↓ dislike (0)   quote   flag        

What are you worried about regarding a fixed car? Is it going to be a salvage title or something? I think if the 'frame' is damaged, they'd total it and it would get listed as salvage. I say 'frame', because it is probably unibody. 70% of the cars value could actually be mostly superficial - it depends on the value of the car. I'd probably let them fix it and take it to a mechanic before complaining about the prospect of a fixed car.

9   joshuatrio   ignore (0)   2016 Dec 6, 8:35am     ↓ dislike (0)   quote   flag        

zzyzzx says

Which insurance company?

That was 11 years ago, I don't remember.

zzyzzx says

Without pics, how do we know? Actually, we would might need wreck pics with some of the body panels removed. That and if it's done right, some of the outside pieces can be cut out and have a new piece welded in. And unless it's a truck, it probably doesn't have a frame. What type of vehicle (make, model, year, etc.).

2009 Civic EXL with like 50k miles. Correction, it wasn't "frame" damage, but unibody damage, since they have to "pull" the car back into alignment and cut out/replace the entire underneath of the rear car.

10   joeyjojojunior   ignore (1)   2016 Dec 6, 8:52am     ↓ dislike (0)   quote   flag        

With all used car buyers looking at carfax, this would definitely affect the car's value even without a salvage title. Not sure how to quantify it, but given the choice to buy a car with no damage history vs. one with the damage josh describes--it would be an easy choice so the car has definitely lost value even if it's fixed perfectly. Getting a lawyer was the right choice, IMO.

11   Quigley   ignore (2)   2016 Dec 6, 8:57am     ↓ dislike (1)   quote   flag        

At this point, with the insurance company relentlessly jerking you around, have the lawyer go for their throat! If you're not using the full amount of the insurance policy, you're not trying hard enough!
Also that's BS about walking it off, get them to cover whatever back rehab and physical therapy you need with a fat settlement for pain and suffering and inconvenience. That company deserves it for making trouble for you.

12   zzyzzx   ignore (1)   2016 Dec 6, 8:59am     ↓ dislike (0)   quote   flag        

What's the name of the insurance company that is jerking you around.

13   zzyzzx   ignore (1)   2016 Dec 6, 8:59am     ↓ dislike (0)   quote   flag        

Stil waiting for those wreck pics.

And it's just a Civic, and IMO, the way you were talking about the car, I was expecting it to be an expensive luxury car, or something,

14   zzyzzx   ignore (1)   2016 Dec 6, 9:03am     ↓ dislike (0)   quote   flag        

YesYNot says

What are you worried about regarding a fixed car?

Because it's a 2009 Civic, which they perceive as priceless, for some reason..

15   Tenpoundbass   ignore (15)   2016 Dec 6, 9:53am     ↓ dislike (0)   quote   flag        

joshuatrio says

Hey guys - so, any legitimate advice would be well received about my situation.

I was in a pretty bad car accident last month - other guys fault. The car was almost totaled, but the insurance company refuses to total it and says it's repairable. Damage is somewhere around 65-70% of the cars value, and the shop says it's right on the line.

Watch them it's a scam the insurance company loves it when shops does this. They can turn around and say, "See we're paying out lots of money!"

16   joshuatrio   ignore (0)   2016 Dec 6, 9:57am     ↓ dislike (0)   quote   flag        

Quigley says

At this point, with the insurance company relentlessly jerking you around, have the lawyer go for their throat! If you're not using the full amount of the insurance policy, you're not trying hard enough!

I'm not about going for the throat, but for a car that should've been totaled, I don't want the thing back. It's not some high end car, it's just my commuter - however, it's been a good ride and I've taken really good care of it.

Quigley says

Also that's BS about walking it off, get them to cover whatever back rehab and physical therapy you need with a fat settlement for pain and suffering and inconvenience. That company deserves it for making trouble for you.

They are just being a pain in the ass. The lady in charge of my claim has a track record of not responding to me promptly. Getting medical bills covered/car seat/arguing about the damage to the car from the beginning has been much more of a hassle than I expected. The adjuster is also minimizing damage that occurred during the accident.

joeyjojojunior says

With all used car buyers looking at carfax, this would definitely affect the car's value even without a salvage title. Not sure how to quantify it, but given the choice to buy a car with no damage history vs. one with the damage josh describes--it would be an easy choice so the car has definitely lost value even if it's fixed perfectly. Getting a lawyer was the right choice, IMO.

Yeah, this is my concern. I'd been thinking of trading it in/selling it for a new Accord - or something a little more comfortable, but after the repair, I know it'll be a lot harder to.

17   Iranian_Oil_Burse   ignore (6)   2016 Dec 6, 10:10am     ↓ dislike (0)   quote   flag        

Get it repaired and drive it until wheels fall off. It's a fucking 8.y.o. Civic, not a Ferrari for fuck's sake. Yes, the resale value will be diminished. By whopping $3.78.

18   crazydesi   ignore (0)   2016 Dec 6, 10:22am     ↓ dislike (0)   quote   flag        

I bought a new Acura RDX on May 15,2016 and a lady had hit me from back at a red light stop. She was driving at 50 and did not notice that there is red light, so she had hit so hard that whole back structure had damaged including the frame.
1.Lady who had hit me have insurance of only 10K$.
2.She did not show any regrets that she had hit a brand new car with out number plate too.
3. I called the police and they said, they cannot do any thing and did not took a complain also as there was no bodily injury.

I talked to my insurance company and they said they cannot replace the car as it was repairable. I was not knowing about diminished value claim until a friend had told me that there were some successful cases (tesla accidents) so I did my research and told my insurance company about it, the first line agents told me that there is no such thing called DV as it was being repaired to original condition. I talked to one of the DV attorney from S Cal and she had suggested me to send a letter to insurance in the format which she had given me. Next day I got the call from my insurance company saying that the insurance what they sell in california does not have a DV contract so I cannot file a claim. I talked to attorney again and she said, I should go after other party insurance and the lady who had hit me. I filed the DV claim with other party and after fighting with them for 20 days they finally agreed that there are going to process my DV claim. In the final call I mentioned that if they cannot process the DV claim, I will be going to court with a attorney, that might be the reason they thought let them settle with me rather than cough up big bucks if I go through attorney.

It is such a mess how this whole insurance folks talk/work. I can help with the documentation if you need.

19   joshuatrio   ignore (0)   2016 Dec 6, 11:09am     ↓ dislike (0)   quote   flag        

Straw Man says

Get it repaired and drive it until wheels fall off. It's a fucking 8.y.o. Civic, not a Ferrari for fuck's sake. Yes, the resale value will be diminished. By whopping $3.78.

I think diminished value will take off 2-3 grand. I bought it brand new, kept it in the garage and the thing look(ed) like it did when I bought it. It was worth around $10k private party pre accident, but I doubt I could get $8k now.

Don't be a dick.

crazydesi says

I bought a new Acura RDX on May 15,2016 and a lady had hit me from back at a red light stop. She was driving at 50 and did not notice that there is red light, so she had hit so hard that whole back structure had damaged including the frame.

1.Lady who had hit me have insurance of only 10K$.

2.She did not show any regrets that she had hit a brand new car with out number plate too.

3. I called the police and they said, they cannot do any thing and did not took a complain also as there was no bodily injury.

Yeah, that's the thing. Our situation sounds nearly identical, except your car was much nicer. I meet with the paralegal today, so we'll see how it goes from there.

In any case, I feel like this is about principal. I'm not trying to get rich, I just want to quit getting jerked around by these dickheads.

20   Philistine   ignore (0)   2016 Dec 6, 11:12am     ↓ dislike (0)   quote   flag        

Straw Man says

Yes, the resale value will be diminished. By whopping $3.78.

Yeah, no diminished value claim is going to qualify on $3.78 in loss.

We had an ACV of $19k quoted by insurance when some dumb texting bitch rear ended our car, and the repair came to $16k. I traded the car in the day I got it back from the shop, and nothing showed up on Carfax yet, so I got full trade in value at Carmax.

I feel sorry for the next person that got that car, or maybe Carmax ended up eating the diminished value after the repair showed up and lowering the asking price. Who knows. It's dog-eat-dog when dealing with the BS insurance racket on TLF and total loss threshold.

If you walk off your back pain, don't be surprised if it turns up even worse in a few weeks. Claiming bodily injury isn't just for complainers.

21   joshuatrio   ignore (0)   2016 Dec 6, 11:28am     ↓ dislike (0)   quote   flag        

Philistine says

We had an ACV of $19k quoted by insurance when some dumb texting bitch rear ended our car, and the repair came to $16k.

I can't believe they repaired that.

22   Iranian_Oil_Burse   ignore (6)   2016 Dec 6, 11:35am     ↓ dislike (0)   quote   flag        

joshuatrio says

Philistine says

We had an ACV of $19k quoted by insurance when some dumb texting bitch rear ended our car, and the repair came to $16k.

I can't believe they repaired that.

One of my colleagues had his car repaired for more than the car's KBB value: first repair estimate came at roughly 75% of KBB, they approved it, then the car developed a transmission leak due to cracked housing and they approved transmission replacement. The final bill came at ~120% of KBB, IIRC. After that the car was driving fine for another 2 years until being properly totaled by hitting an elk @50+mph.

23   Booger   ignore (5)   2016 Dec 6, 5:26pm     ↓ dislike (0)   quote   flag        

Philistine says

I traded the car in the day I got it back from the shop, and nothing showed up on Carfax yet, so I got full trade in value at Carmax.

Noted for future reference

24   B.A.C.A.H.   ignore (0)   2016 Dec 6, 6:52pm     ↓ dislike (0)   quote   flag        

You need to see a chiropractor. I saw one after I was in an accident with MINOR bumper damage. You shoulda saw the greed in the chiropractor's eyes.... looked like a Daffy Duck episode.

25   Strategist   ignore (2)   2016 Dec 6, 7:21pm     ↓ dislike (0)   quote   flag        

joshuatrio says

Car almost totalled

Fix it, sell it, and buy a new one. Simply focusing on the accident will only make you miserable.

26   NuttBoxer   ignore (2)   2016 Dec 7, 1:00pm     ↓ dislike (0)   quote   flag        

You need to see a chiropractor within 72 hours, or the vertebrae will be much harder to re-align. You should also see a massage therapist.

I was hit by a drunk driver around 2000, car got flipped on the freeway. The adjuster was an asshole and started nickle and diming on the car value. Some friends told me to get chiropractor and massage, and the massage therapist recommended a lawyer. Got the full $15k on that guys policy, then the lawyer went to my insurance and got another $10K from them(all medical).

You are not bleeding anyone. 1/3 goes to the lawyer, 1/3 will cover your medical costs, and 1/3 will go to you to agree to never sue over this matter again. You will be more susceptible to back pain and discomfort in the future. The money doesn't make you whole, only kind of makes up for it.


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