vp911

lol, then i will go with the current solid figure anybody has given me, ndx2 at 38

Michael A

If you think about it you where paying $XXX amount per year for coverage on a 2005 TL. Not for a TL with a $4k-$5k Aspec package unless you specifically told them about it. If you did tell them the risk or exposure is higher on the Insurance companies end due to the vehicle being worth more and your premiums would have been a little higher.

It sort of like having a blanket homeowners coverage the caps jewlery theft at a $2,000 maximum coverage limit. If your wife has a $10,000 wedding ring only $2k would be covered unless you specifically scheduled / insured the ring which then in return your company will charge you $xxx more premiums, for additional coverage.

However you definitely need to speak with your adjuster because I swear I remember a small amount of coverage for CUSTOM equipment in most auto policies. Seriously you should not be afraid of your adjuster be honest and upfront and if their is coverage in your policy you are OWED the proper payout. If you feel your getting treated unfairly you can contact your states insurance department. All insurance companies HAVE to abide by the states regualtions otherwise they can be SHUT down from selling policies in an instant and believe me they don't want that.

huyster1

First off, with regards to a so called "lawsuit," you're not filing a lawsuit against anyone if you retain an attorney. You're filing a personal injury claim against his insurance. It has nothing to do with a court, judge, or jury. If you suffered some sort of injury (physical or property), you need to be reimbursed for these injuries... the legal term is "made whole."

His insurance company will have to pay for property damage, which is the value of the car since it was totaled, including any aftermarket additions you've made to the car. Also rental expenses if you have to rent a car. Insurance will also have to cover all medical expenses "reasonably" related to the accident... including foreseeable future medical services. Last but not least (I think this is what many people question), they also have to pay for "pain and suffering." This is typically a means to reimburse you for the pain he's caused. For instance, if you're in physical pain and have to change your lifestyle for a certain period of time.

An attorney (or even yourself if you prefer) will make a demand to the insurance company for a certain amount of $$$ after the medical expenses have been calculated. Insurance companies will never pay this amount. A lesser settlement will be negotiated and case closed. A lawsuit CAN be filed if they refuse to pay or settlement can't be reached.

I'm sorry for writing so much about this but I'm an attorney and don't see anything morally wrong with filing a claim. You're not cheating anyone out of money but getting reimbursed for property damage, rental expense, medical expense, and pain & suffering.

TBone2004

I agree with this last post. Nothing wrong with lawsuit/pressing charges etc. I think for all the other people that say "this is what is wrong with this country blah, blah, blah" it goes both ways - there are people that want to sue companies (and win) for spilling coffee on themselves because they are too dumb to figure out the relationship of - coffee served hot, hot things burn, skin burns when touched by hot things, therefore if coffee contacts my skin, it will burn. I agree, these idiots somehow escaped Natural Selection.

Then you have other people who feel if a guy t-bones the side of my car cause they are a shit driver - potentially killing my passenger that could have been my daughter, my G/F or hell, some innocent hitchhiker named Fred who climbed in for a ride - but noooooooooooooo, the PROBLEM is we protect the dumb idiots, the bad drivers, the window lickers. "Oh, Oh don't sue him, it was an accident, no one got seriously hurt, let it go man" Get outta here - make sure he pays for it ALL. I am not saying million dollar lawsuits - just what he took from me - new car - fully replaced, any days out of work I lost, any Dr. bills, all other peoples cars damaged as a result etc. Nothing more, nothing less. People need to be held accountable for their mistakes - accidents or intentional. It is time we stop babying the idiots of the world. No more free rides. Sorry. have a Nice Day.

Michael A

Agreed ... but I do believe the rental reinbursement is TYPICALLY called "TRANSPORTATION EXPENSES" unless you specifically have RENTAL coverage. That is why most people will only be able to claim $15 per day, $20 per day etc etc which does not cover a rental car. This is dependent on one coverage which I personally have coverage for "Transportation expenses" NOT rental coverage.

Do remember everyone.....any time someone makes a claim and collects $50k, $100k, $250k etc etc who do you think pays for this ? This is what causes rates to escalate. I remember this one insured I had would make a claim every 2 months for like $10k - $20k. Eventually he was dropped due to lying on his application about prior claims. The $100k I paid to this guy for the 6 months he was insured with my company far outpaced the $1k in premiums collected. This directly effects rates in the "GROUP".

We all pay eventually I guess its just who can get a larger piece of the pie first.

vp911

Ok. So you guys think I should file a lawsuit. But, the insurance is going to cover my medical expenses anyways. I should not "baby" the guy who caused the accident, you are right, I shouldn't - and nobody should; however, a lawsuit wouldn't affect him, only his insurance company. Be honest here, what am I going to do, call up a lawyer and say I was in an accident and now I'm upset my car is gone so I want restitution for that? It sounds ridiciulous to me, but on the other hand, that's just me obviously. Maybe somebody should give me a real solid reason to want to file a claim from my insurance.

Even if I wanted to file a claim, what would I be saying is wrong? The fact that my neck hurts like a bitch? That I can't drive around until I get a new car? (which somebody mentioned rental insurance, and I have it for $25/day) The fact that I am inconvenienced because I can't run out to Borders to buy a book to keep me busy? (Ok, a little stretch there, lol) What would I be saying to them?

I just don't see a point in it, but if somebody wants to enlighten me with details, feel free.

vp911

Thank you for the information. It is useful to know these things.

Michael A

It really is up to you as far as filling a law suit. $25 a day might not fully cover a rental car unless you get like an econobox. Your insurance company might have a connection with an INSURANCE REPLACEMENT rental car company. Which means they will probably offer you lower rates than if you went in off the street.

If you are really hurt file a lawsuit .... I can tell you this in NY if you go to a lawyer with any bit of indication that you might be injured they will send you to a chiropractor several times a week for months and will get you a $20k - $50k settlement depending on how their realtionship is with the other guys insurance company.

I am curious to see what everyone elses opinion is here. I am indifferent at this point being on both sides.

vp911

Interesting. Well everything is interesting at this point. I still don't really want to file any sort of claim or suit. If something changes, I can consider it, but honestly the amount of work that would go into filing any sort of claim - and the time alone - would be enough to make me not want to file a claim. (I really don't know how much time it would take, it just seems like a long, tedious process) Now what pisses me off a little is, oh, I can't work for a week or two until I can actually lift and move heavy things again. I imagine this will only be a short span of time though, so again, not a big deal. I don't think at least.

At this point, I would really like to get the car totaled and look for a new car. Then if needed a suit can be filed, but I still don't see any compelling reasons to file a claim.

chill_dog

This is more of a rhetorical question - not looking for an answer (in fact, I already have one...just food for thought)...someone mentioned that when insurance companies make a bunch of payouts, eventually, WE pay for it.

Here's my question - why do our rates go up (even as our cars age) when the insurance companies bring in enough from premiums and interest to cover expenses (including outrageous salaries for Sr. Mgmt), claims, dividends to stockholders, AND still clear tens of millions of dollars a year?

Now, to get back on topic, I agree with ndx2, you should ask for $38k as that's about what it would take to replace your car. It's not the fool who asks, they can only say no.

vp911

Ok. 38k it is.

For everybody else, the A4 is looking to be within the price range, and as much as I want the RL, the A4 just had excellent crash test ratings (and you can understand why I am looking at them). I am just trying to figure out if their nav system is anything like the TLs.... if anybody knows please chime in

walker29

What A4 are you thinking about? I just got rid of my A4 1.8t after about a year. Although the car was very well built and drove very well, it just didn't do it for me. You can mod the heck out of those cars (which I didn't do) to get power, but then you have warranty issues etc. to deal with. To me it just wasn't a fun car to drive...except when driving on twistees.

The NAV on those cars isn't as nice as Acura btw.

vp911

I was looking at the 2.0t, but I realized it doesn't have bluetooth, and I need bt, esp with the laws changing to handsfree only, I love it. Kinda makes me not want the A4 now.

Pure Adrenaline

iTrader: (2)

New car -- insurance pay-out
Work missed -- none in this case; Vikram was good enough to go take his LSAT the next day, thanks to the safety of the TL
Doctor bills -- insurance

The guy WILL be held accountable for his mistake -- ticket, points on his license, huge increase in insurance premium for years to come, not to mention dealing with the repair of his own car.

Sooo... what do we need a lawsuit here for?

vp911

Work missed - well I was supposed to start next week.... but I can't exaclty go around hauling cases of paper around with my left arm the way it is. lol. Not sure I can or would claim work loss, I don't know the details, and even then, it's not like im salary making a ton of money, its a summer job.

Pure Adrenaline

iTrader: (2)

Sorry Vikram. I didn't mean to clusterfuck your thread with this lawsuit issue; but it is my strong opinion that there is no need for one in this case. But that is up to you, and I'm done arguing with people about it. Especially in Michigan with no fault insurance, where you're supposed to take care of things with your own insurance company regardless of who's at fault, it just seems ridiculous. Besides, all of the reasons these guys provided to justify a lawsuit, insurance will pay for them all.

Anyway, good luck with the case.

vp911

Don't worry about it. It is good to see I am not the only one that doesn't seem to think I have no need to sue.

With no fault, my understanding is that my insurance (AAA) will pay for my car, correct? Not the insurance of the guy who was at fault?

MR1

The only reason to file suit is if you don't get what you feel that you are due to be made 100% whole. Everything is to be equal for you to how it was one minute prior to the accident. That means personal physical feelings, car and money. Lost opportunity for not being able to work should also be included. Don't sell yourself cheap and don't be greedy. I think you should consult someone close with more experience.

Pure Adrenaline

iTrader: (2)

AAA will pay for your car, yes. But AAA will bill the other guy's insurance company; that's what I was told in the past.

One good thing about no-fault is that it leaves all the hassles to the insurance companies. You only have to deal with your own insurance company, who is usually a lot friendlier based on my past experience. We (my family and I) never got any trouble from AAA when dealing with the aftermath of an accident or theft; it would've been a little more difficult if we were dealing with the other party's insurance company. So when AAA is willing to work with you and pay for everything, where's the need to sue? It's not like you're out to get blood and money using this as a chance to do so.

vp911

Oh ok. Thanks for the clarification.

Well, I dropped off the keys and took my license plate. Hopefully I won't see the car again.

Michael A

I can tell you personally my rates over the years have gone down and the value of my cars has risen steadily. However this might not be the case for everyone because of other factors such as prior claims history, CREDIT WORTHINESS, and insurance payouts to others people etc etc.

Remember insurance bascially takes a group of people lumps them all together and calculates rates by some formula that each individual company determines. If one person has a claim it can directly effect the rate for the rest of the group. Obviously this is a bit of an exageration saying ONE person but if their are 10,000 people in a group and 500 have a claim of XXX dollars it CAN effect the other 9500 people.

Also remember that MOST insurance companies PAY OUT in claims settlments MORE than the total of all collected permiums. This is NO JOKE and the Insurance companies who are able to break even....meaning claims payouts are equal to claims premiums are considered STARS in the industry . The way they are able to make money is investment returns on on the premiums they collect.....they invest these billions very wisely and in fact that is why most insurance companies are now merging with investment firms ... it makes perfect sense from a synergistis perspective.

Again your rates go up based on OTHER people filling claims and those claims could be fraudulent, legit, property damage or personal injury. Like I said earlier in the post I remember having a claim with this one jokester every other month. After 6 months this guy had like 5 claims totlaing $100k where we collected less than $1k in premiums. The loss / risk is spread out over the group... This is the very essence of how insurance works.

chill_dog

Doesn't matter where the money comes from...if they clear 10 mil, they could drop their rates and still make a profit.

I said the same thing to my agent last week.

Michael A

Maybe but they are in business to make money just like any other company. Business is Business .. if they can make $20 mil why not .... I would do same thing If it where my company because more money for the company means more money for me. I mean you go into your boss every year and ask / receive a raise right ?

huyster1

I'm sorry guys. I guess I haven't been clear enough. The words "lawsuit" and "filing a claim" should not be used synonimously. They are not the same thing. In order for you to get reimbursed or recover any sort of damages, a claim MUST be filed. There is no other way around it. Do you intend on just saying "oh what the hell, my car's gone. C'est la vie." In order to get reimbursed for your lost car, lost wages, rental expense, and medical expense, a claim MUST be filed. And who is going to reimburse you??? The responsible party of course. And since he doesn't have $30-$50 Ks in his wallet, he purchased insurance. That's who will reimburse you... the responsible party's insurance.

Right now you're thinking, "oh I don't want to bother with it. I'll just go on with this pain in my back and neck that should go away in a week. I'll just miss a week of work w/o pay." What if the pain doesn't go away w/in a week? a month? Are you willing to just not show up to work until you can pick up boxes? It's your wages that you're losing. In order to make that pain go away in the shortest amount of time, you need a doctor/ chiro. These medical expenses need to be paid by the responsible party. Also, do you think the pain that you're going through means nothing? It must mean something to you right now.

As for filing a claim through your insurance carrier (it sounds like that's what you're doing); how happy is that going to make them. Having to shell out money for someone's mistake. Your insurance carrier will recover every penny they pay out from the responsible party. And going through your insurance carrier isn't going to save you much more time anyways.

It's up to you whether or not you want to contact an attorney. But remember, a "lawsuit" is NOT a "claim."

vp911

Ok. So it is a claim. Thanks for the clarification. But my lost wages and medical fees are paid by MY insurance in Michigan if I am not mistaken. I have been assigned two claims reps from AAA, one for medical and one for the vehicle. The medical rep called me yesterday and said any medical bills should be forwarded directly to her and if I am to miss any work to have my PCP (primary care physician) have a letter written saying I cannot work for X number of days/weeks/months and that the job loss payments will be coordinated.

Of course, I do not know the insurance industry; I do not know exactly how it works in Michigan, which is why I am asking for everybody's help here. If I am going to miss work, it is my understanding that my insurance company will pay for job loss. Now, I do not know if they will then go get the money from the at fault parties insurance or not. Pure Adrenaline said that they will get the money for the car from the other insurance company. I do not know if it is the same for medical fees and/or job loss.

I am going to my PCP this afternoon for a follow-up (in which I am going to request more x-rays as my knee and elbow feel like they are going to fall off now) and allow him to do a full check up. When he tells me what is wrong and/or what needs to be done, I will then make a final decision on filing a claim or not. Either way, if I have excessive job loss, yes I will file a claim and allow insurance to pay for it. My medical expenses, of course I am going to allow them to pay for it. BUT, I do not see any reason to file a claim to get more money out of this than simply my expenses. Perhaps I will feel differently when I read the police report and if it says the guy who caused this was drunk, high, on his phone - something very stupid.

On another topic, ndx2 and somebody else here (sorry don't remember the name) said I should ask for $38k out of AAA for the car if it is totaled. If I am to get 38k (which I am very skeptical of) I am going to get the RL. If I cannot afford the RL, I will very likely go for another TL as the price of the TL for the features cannot be beat and I realize the car did a damn good job in keeping me alive. I much prefer the RL because of the AWD, and well it is nicer. Yes, I will have to pay extra for it, but it is selling for $43-45k around the country now (43 in southern California). I figured out that if I get 38k from AAA, my payments on the RL would be roughly 200 more a month (for the loan) and I would just keep a part time job during the school year to pay the difference. I had already given the 35k for the TL to my mom when I bought the TL, she wanted to finance it anyways so she could pay off various credit card bills (probably from my tuition - which, I am of course grateful my parents pay for)

Sorry for this long babbling. I am still frustrated with this accident. I appreciate everybody's comments, condolences and suggestions throughout this process.

vp911

The car was just declared a total loss.

ndx2

time to go car shopping!

1hottl

Vik, I have been following this thread. I am glad, I figured they would declare it a loss. You would not have wanted it back. My suggestion is a new TL....

Good luck and I hope you feel better soon.

vp911

TL is a very likely choice as it kept me alive and with few injuries.

Parker75

Oswald Vater

To have it declared a total loss was the best-case scenario for you considering the damage done to the car. I congratulate you on that end. Keep us posted on what you end up replacing it with (and hopefully another TL so you will still want to hang around here!)

Michael A

I just got an update from this thread and realized a few things. You are right in saying filling a claim is not filling a lawsuit however do realize that if you do want to collect money for pain and suffering you might need to contact an attorney immediately. I say "MIGHT" because technically you DON'T need an attorney and you really should get the same settlement. However the reality is that attorneys are sort of like a middle men, they will charge you on a pro rate basis ... typically 1/3 of the settlement amout but help build the case for a higher settlement amount. If your where to proceed on you own do you know how to negotiate an injury claim with an insurance company ? It is a negotiation !

The attorney will dictact how, when and where you go to a doctor, he/she will build the case in this manner, so you have a higher settlement.
If you don't contact and attorney now and proceed it COULD end up effecting a possible settlement amount in the future.

Just a thought .... remember I am not an attorney ... former insurance adjuster who has seen the other side of things.

huyster1

Good analysis Michael.. With regards to asking for $38K, You can't just ask for a random amount. An insurance adjuster will determine the fair market value for the car. Usually that's the amount a similar car will be selling for in your community. This amount should NEVER be under blue book value. Best thing to do is check with dealers for their prices and Auto Trader type magazines for private sales. Once you find out FMV, add up all the aftermarket additions you've made to the car. Insurance may want some sort of proof. That will be the property damage reimbursement. This will also include rental. Usually they'll cover $25-$30 per day up until property damage is settled.

As for lost wages, you should let the adjuster know immediately that you intend to claim it. They'll want to know how much you make.

It's a good thing that you are going to the doctor. Your health is the most important thing right now. Believe me, a back or neck problem is one thing you don't want. They tend to linger for years if not treated properly. You may think it's gone and one day.... WHAMMO.

I practice in CA so Michigan law may be different. Even so, AAA should work the same everywhere.

Good luck. Feel free to ask any questions.

vp911

Well, The rental is already covered as part of my policy seperately and has been authorized for direct payment to enterprise.

As far as FMV, I will look into this. I will call local dealers and see what they say about it. I was not aware that the aftermarket parts would be seperate from the total value of the car. So do they reimburse the full amount for the aftermarket parts?

Let me ask, as far as that is concerned, I have a loan on the car and I had paid for GAP insurance. Do they pay for the car seperate from the parts (the a-spec that I added later?) Should I even bother asking for money for the integrated radar? I mean, it is my insurance company and wouldn't that look bad?

My back and neck are killing me. I went back to the doctor today and he thinks it is just pulled muscle but said that if it continues beyond next week to go back so they can take additional steps to resolve the issues.

ndx2

haha i feel bad for you for driving a rental! please tell me you didn't get a corolla...

as far as i know, with AAA, if you have the receipt for the aftermarket part, they will almost always fully reimburse you (only exception i can recall is the tires; wear and tear item). if you don't have the receipt, i'd look up some prices online (the high ones), and print 'em out as a way of showing the price.

i think GAP insurance kicks in only when you're upside down on a loan - when the determined value of the car (your settlement for the car) is less than what you owe.

hope your neck and back feel better. time to load up some vicodin! don't forget to ask for more stronger stuff, too!! you could always sell it off [to me] lol.

no, seriously, hope you feel better soon.

vp911

lol. thanks man.

i have the reciepts for most of the stuff, but my question really is.... will they write TWO checks? one for the value of the car to the bank who has the loan, and the one other check to ME for the aftermarket parts?

i just checked on ebay and see the 05 TL for 31k (buy it now price) and old auctions at the high 20's, I assume that ebay is not the best place to look for actual value of the car, but it was some indication that i wont get a lot like the 38k that was suggested.

vp911

oh, and it's a grand am, lol.

Michael A

Ebay prices are typically pretty close to trade in / wholesale prices so that is not a good place to determine the market value of your car.

Did you file a 3rd party claim with the other persons insurance company or is it your insurance policy ?

More than likely any check they might send you will be a two party check ... meaning that it will have your name AND the lienholders (financing bank) name. This ensures that you actually pay off the loan and not go to LasVegas on a gambling spree.

As far as whether you will get one or two check you will probably need to speak with the adjuster for that ... assuming that you submitted receipts for the additional added on parts and they agreed to reinburse you for that portion of the loss it doesnt seem unreasonable that they would issue a seperate check. I would request it and see what happens.

vp911

I filed the claim with my insurance policy.

I will ask about that.

vp911

http://autotrader.com/fyc/searchresu...um_records=100

Those are MSRP price for used cars.....?????