iyfphoto

Well today the saga will draw to a close.

I still haven't heard back from the other insurance company as to whether they are going to accept liability (just got the accident report last week and they are doing their interviews/investigation). But since their driver pulled out into a right of way and hit me, it should be OK for me.

I'll be getting $14,000 for the car as is from a rebuilder/salvage place and my insurance is covering the estimated repairs of about $12,500. Do the math and I lose about $6000. I can pay it off, but that's it. All downpayment $$$ is gone. Can you say screwed? The Acura dealer said that they couldn't take it back since the airbags came out...so I couldn't trade it in on a new model. And I don't want to wait a month or two to get it repaired...only to have trouble with the shop/repairs. My insurance company wouldn't pay to replace the roof skin which was buckled around the sunroof. They deemed it repairable which means body filler...ya right...what a joke. I don't want to make payments on a wrecked car anyway...let alone one with body filler on it. I tried explaining to the company that Acura didn't put it on the car from the factory so it wouldn't be acceptable, but oh well...

The good news is I found an identical model at the dealer and will probably pick it up today. I'm getting sick of the 4cyl camry rental.

Just FYI for anyone in a similar situation. And I needed to vent a little.

nayyarn

Get a lawyer and see what happens. Your insurance should work with you. Sorry to hear about your ride.

iyfphoto

One lawyer said I was screwed and to get what I could and go. He also said that State Farm likes to go to trial.

Another lawyer said that I should come out OK and to go after them for personal injury since my shoulder is messed up now.

It has been, almost without exception, the most aggravating experience in some time. All because someone didn't look before they pulled out.

At least I can get a new one. Could be worse I guess.

eamiller

I'm a little confused here... Is State Farm your insurance or theirs??

Anyway, I would definately be working with their insurance company since it was obviously the other party's fault..

Having been involved in a few accidents that were other peoples fault (6 total) I can offer a few words of wisdom..

First, call your Acura dealership and see what body shop they recommend (This is invaluable as usually they only work with reputable ones) and don't let the insurance company jerk you around about getting it fixed.. Kindly tell them that it's your car and you will take it where you please.

Second, don't accept anything less than perfection if they decide not to total the car (not likely with only 11k-15k of damage). If you get the car back and you're not happy with the repairs, send it back.. Go over it with a fine tooth comb before you leave the body shop's parking lot. Check for overspray, panel gaps, underbody..

I would avoid your insurance company unless you have problems with the other party's.. You'll be subject to your collision deductible which you may never get back..

If the other party's insurance companies gives you hassle, then remind them that you wouldn't be in this situation if it weren't for their insured hitting you. Also, remember, that your state insurance board can be of great help (or at least leverage if you threaten)..

I've had to get mean with insurance companies when they tried to pull shenanigans, and usually they will eventually back down if you're confident and informed.

Good luck.. It's always such a pain to deal with.

flying_dutchman

RUN, don't walk to the best Personal Injury Attorney you can find. Be sure they take your case on contingency, and no more than 33% of the settlement. I prefer the Chinese/Vietnamese PI lawyers; they are in cohoots with their own doctors, physical therapists, etc., thus they send you to their own "specialists" for "treatment". All bills are directly invoiced to your lawyer, you shouldn't have to pay a penny. Before you can say "back pain", your care has already exceeded $10K in costs and once the insurance company gets wind of your injuries, they will want to $ettle with you in no time.

Good luck, be firm, and don't let the bastards get you down! You deserve a new car out of this, not some bondo-buggy. If you do keep your repaired car, I guarantee every time you hear a squeak or rattle you'll think it was attributable to the accident, which it probably was.

Also, if you keep the wreck, have you considered how much more it will depreciate? Any troll can get a CarFax on your car which will clearly show the accident.

My final advice; leave this to the pros... a good personal injury attorney. It won't cost you anything and you'll only gain from it.

tlguy99

Please don't tell me you are encouraging insurance fraud

PoochaKannInc

I guess its thinking like that, that causes my high insurance rates.

Back to the topic:
iyfphoto, g'luck with everything. I do not envy your position, but I hope you will act with integrity and that everything will work out with as little loss on your part as possible.

flying_dutchman

I'm not encouraging or condoning insurance fraud at all. Granted, I never said this was the virtuous way of doing things, nor did I mention you would score brownie points with Jesus or Buddha or whoever for retaining a PI attorney.
I'm merely stating how the system works; when you live in the system, you work with the system, and you let the system work for you. For every one that doesn't, there are dozens who do.
Given the situation this guy is in, letting the system work for him may be the only way the poor guy doesn't have to make payments on a bondo-buggy with a big scarlet letter; what other means of leverage against a huge insurance company does he have?

A polite phone call? I doubt it.
A threating certified letter? ditto.

Fl-TypeS

Not sure how it works where you are, but in Florida, you are entitled to dimished value meaning the lost value in resell because the car has been wrecked. Based upon past experience, that would probably be in the range of $3-4000. I'm speaking from experience as I have personally recovered dimished value. The insurance company does not offer it, you have to demand it.

gbriank

iyfphoto:

not sure what the law is like in your state, but here in Texas we have a few nice things....

1. "Deminished Value" -great term for those that have need of extensive repairs....here is the scenario:

Individual A hits individual B. Law enforcement proves A has caused the accient. As a result Insurance A must pay to have the vehicle fixed. But what about the loss in value as a result of the accident??? The difference between what the car was worth minus what it was worth after the accident equals deminished value. Most folks don't know they can ask for it.....And in some cases, if deminished value added to the repairs exceed 75% the insurance will TOTAL the car. ALSO, if this does happen see if you can get back some of the taxes you paid on the car too. Texas allows for that!

2. Repairs with OEM parts - if your vehicle is under 5 years, in Texas you can DEMAND that ALL repairs be handled by an Acura dealership/bodyshop using ORIGINAL Acura parts. Insurance usually doesn't want to pay for this, as it increases the estimate by 15-20%.

Check your state insurance board online and see if similiar rules are on the books. You might be able to push them to total the car and get closer to what you actually pay.

Best of luck!

iyfphoto

We'll see what happens. State Farm is their ins company. Mine is USAA and they are handling it right now. They sent a check to me for repairs. I'm taking that and the salvage price to pay it off.

I'm 30 and very active. This bum shoulder sucks and they will pay for it. I have always let personal injury slide, but this time I won't. Aside from everything else, my arm is not as it was pre-accident and it might not ever be.

gbriank

iyfphoto:

I have USAA as well. You can ask them about your state laws, in regards to deminished value. Are you active military, reservist or a former dependent of an active duty? Reason for asking, if you are active duty/reservist an injury such as this could affect your military career....

iyfphoto

Nope...dependant of an active duty...

I'm still waiting. Got the new car and I feel better, but I am still aggravated about all this. I think that I'm going to go to the scene of the accident and take measurements and do a few calculations to see the result of some "what if" scenarios.

USAA is generally pretty good, but the lady I got for an adjuster started to get an attitude when I told her I didn't want the car back. Luck of the draw I guess.

alextclam

sorry to hear about your car and loss. i really feel your pain right now. i just got into an accident with my civic last week and decided it's time to move on. i'm selling my damaged but repairable civic out to a mechanic for like $1500 if i'm lucky. i didn't have collision coverage

anyways, good luck with the insurance and new car.