There were a bunch oof witnesses but they all took off. However, there was one Maxima GLE driven by a guy with a girl in the passenger seat stopped and asked if I was OK. They were next to me at the light and the girl told me that the other driver ran the light. When the cop show up I pointed to her direction and told the cop that the other driver had run the light and the girl in the Maxima saw it. The cop looked over and the girl confirmed and took off. I never got her name nor did the cop and the police report is totally wrong.

 

Phantom,

It is true these insurance companies have these "formulas" and they often use them. However, here is an experience my mom had and won. At the time she had a new Mitsu Galant (it was 2 months old) when someon ran a red light and smashed the front end. At first the insurance company was going to replace it "as good as new". My mom made buddies with the body shop mgr. as well as the adjuster and convinced them both to total the car. She came from the angle of how the car would not be "to spec" and would not be in a "preloss" condition. It worked for her and certainly is worth the effort in trying.

Now my personal experience with someone that ran a red light and smashed into my Q45 (it's been a rough year). My car really should have been totalled (with near 10K worth of damage). However, my stupid attorney allowed the insurance to fix it and although I took the Q to a shop that my Infiniti dealer referred (and they only work on imports), and the owner said my car would be "better than new"....it was far from it! The cabin noise was higher than before and the car was always in the shop after the wreck. We did get "diminished value" for our car but only after some car valuation guru looked at it and valued the depreciation at $3,000. Oh, and the report cost us $500. If you know any friends/family that are insurance people, get with them on how to either get your car totalled (which is a stretch) or at least get the highest diminished value price. Insurance people use all these terms, only known to them, like "preloss condition". These terms are not know to everyday folk and you may have some leverage with some inside terminology. Where did your TL get hit (what part of the car)?

In regards to your police report. Defintely try to find out if you have any witnesses. A police report does carry alot of weight (although not considered the last word). At this point, only witnesses to the accident could help you to fight this cop's report. Why do you think he was biased to the other party?

 

At this point what you can do is give an statement to your own insurance. If you say you did not run a red light, your insurance company will believe you and fight against the other driver's insurance. Your insurance surely does not want to pick up the tab if it isn't necessary....so they will go to bat for you and try to convince the other party's insurance that you were not at fault. Explain every detail to your insurance and see what they suggest. Hopefully you have full coverage on your TL including rental reimbursement...it does pay off in times like these.

Best wishes, I know the battle and stress you are in for. Man, I just got my Q back in December and then last month it was flooded and deemed a total loss....it's a lot of headache.

 

Thanks, TL4Mo.

It will be hard to find that girl who saw what happened. I called today to try to get a hold of the cop who wrote the report but it is his day off. I will try him tomorrow and discuss this matter with him. Worst comes to worst, I will call me girlfriend's uncle who is the 3-11 shift supervisor. I am not trying to influence the cop's decision, I only want what is right.

Do you think I should call my adjustor and speak with him about diminishing value now or after the car is fixed? Do you think it is too late to get them to total the car?

 

Definitely DO NOT let the body shop start ANY work before trying to settle the "totalled" issue. Once the work is started, you WILL NOT get it totalled.....there is too much money invested from the insurance company at that point. Don't rely on the body shop man to help you either, he wants the $9k income. Talk to your adjuster first, give him/her a sob story and see what you can do. But, I repeat, don't let the body shop start any work until you are definite that there is no hope in getting your TLS totalled. About calling your girlfiend's uncle, pull whatever string you can if you truly feel you were in the right! Unfortunately, sometime it's not if you are right or wrong but who you know. The person that hit you may have known the right people and that's why the report reads like it does.

If worse comes to worst, just be a total anal beast to the body repair shop and make sure that you are totally satisfied. Find a shop that you trust or that offers a full guarantee on their work. Then, even after you have driven off, if there is ANYTHING that does not sound or ride right, you take it back to the body shop. And also, depending on where your car was hit, it may be a situation where just repairing the body parts will leave your car in great shape. It all depends on the point of impact and severity.

Again, best wishes with this crap!

 

I too had this happen! In L.A., someone rear-ended me into the car in front (we were both stopped at a red light when this idiot plowed into me). Anyway, the car was full of mexican nationals (I'm latin, so not being racist) and I just knew they were all gonna scream whiplash. About a week later I recieved a call from their attorney stating I was being sued for their injuries. I retained a lawyer (worthless as $3 bill) and those people were able to take alot of the money that was rightfully myne. OUt of like $30,000, between those women and my attorney, and property damage, I ended up with like $2k. Definitely talk to your insurance and if they don't seem to be assisting, talk to an attorney.

It just keeps getting better don't it?

I, too, had a Sunfire during the repairs on my Q45. Major bummer.

Keep your chin up.

 

Spoke with the cop who wrote the police report yesterday to try to make some sense out of the whole situation and he told me that the girl in the Nissan told him that she went on yellow. In the report he stated that I had the yellow and she had the green, not true. This could still go either way I guess.

 

The Phantom,

Sounds like the "man in blue" is extremely confused. If a witness stated the other party had a yellow, why did he write you had a yellow? You are right, this could go either way and I know that causes knots in your stomach. Best you can do is stand firm and work through your insurance company.

How's it going with the car repair? Has the body shop started? Is Acura the one doing the repairs at least?

 

First of all, KEEP A LOG, of who you spoke with, what you spoke about, and when you spoke to them. Next, call your insurance company and tell them the cop told you a different story than the one in the report.

Keeping a LOG is the most important thing you can do over the next several weeks. It will help keep your memory straight as to what people said and when. It will also show that you are taking the initiative to prove your innocence. Guilty people don't keep logs, follow up or take initiative. They hide behind lawyers and insurance companies.

Take action. It's only your insurance premiums we're talking about here. I'd certainly fight to keep those as low as possible.

Erik

 

Last I heard, the parts will arrive at the dealer someitme this week and they will start working on it. It will be two more weeks before I can even think about getting it back. I am still trying to get a hold of the adjustor to "protest" the repairing of the car instead of totaling it.

The log idea is great, never thought of it. Thanks, everyone, for all your help!

 

I spoke with the insurance adjustor yesterday and discussed diminished value and totalling the car and here is what I got.

At first, he tried to play it off like it was no big deal. But I went after him again with the same questions he let out a nervous laugh and said, "who have you been talking to?" I said, "I know people." Anyway, we then started the conversation. As far as diminished value goes, I got no where with him. He basically told me that in MA, there is no such "rule" or "law" for diminished value. The second thing I asked him was why didn't they total the car when the frame was bent. He tried to explain it to me but it was tought without seeing it. I went to the dealer today and the service manager showed me what they will be doing to my car.

In our car, we have a "sway point" which can be moved without damaging the "frame". It is a bolt on and can be replaced and realigned. They are also going to replace the two front side "rails" and weld new "rails" onto the car. In any case, the car will have no long term damage or affect, which I am happy with.

After they stripped the whole front end off, they found supplement damage so they had to order more parts. They rest of the parts are on its way but looks like I won't have the car back for 3 more weeks. Before they found the supplement damage, the total came out to around $5,300. Now they are looking at around $9,000 for the total damage. The insurance has authorized the repair.

It was hard seeing my car in the shape it is now. I just can't wait to get it back!

 

Hey Phantom,

You tried! At least you gave your insurance adjuster a run for his money. And as long as YOU will be happy with the repairs....it's all good. Sorry MA does not have a law about diminished value. Three weeks is a long time when in a Sunfire. Hey, if you are renting through Enterprise (most insurance rentals do), you can pull up to any location and if you see a nicer ride (and it's within the daily limit) they'll switch you out with no questions asked (at least up to 3 times). I know, I did that quite a few times during the repair on my Q45. Maybe you can at least try to get a Maxima....it takes some calls or drive bys....but you CAN get something better than that Sunfire. Also, if your dealership body shop is getting all this bizness, can't THEY give you a loaner TL or at least Integra?

Hope all goes well and you will soon be back in your baby!

TL4Mo

 

Thanks for all your help, TL4Mo, as well as others.

My daily limit is only $30.00 and the sunfire is actually the nicest car in that class... sad to say. Oh well, I am actually getting used to it. when I get my car back I will just appreciate it more!

I have 2 more weeks, after this week, for my rental. I guess they have yet determined whose fault it is so I can't go and file a claim against the other driver's insurance company for rental. Right now I have $30/ day, 30 days, or $900 limit. This is week 2 and I won't get my car back another 3 weeks from now so I will have a one week overlap. The body shop manager told me that the reason they don't give out loaners to the body shop customers is because they only get $35/ hr as oppose to the Service guys at $75/ hr. However, he did tell me to call him when it is getting close to the end of my rental period and he will see what he can do. I am sure he can muster up something.