Car Crash--Who Knows How Car Replacement Works?

Parent Cafe
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<p>I was driving along, headed west with my left blinker and had slowed to begin my turn when a black SUV came flying by me on my left from behind (also headed west). I barely had time to think “holy $#!+” when a second vehicle attempted to pass me on the left and instead slammed into my driver side door (missing me by a foot) and front fender smashing my window, tearing off my wheel leaving only the end of the axle and sending it flying and smashing my front left fender so hard the front bumper flew off, the hood buckled and the engine block cracked. The driver was going so fast he drove into the ditch in front of the farm, back onto the road, and came to rest 100 yards away in the ditch on the other side of the road. My car was pushed 25 feet beyond the driveway I was turning into. The police report cites the driver of the other car for “careless driving” and a box labelled “hazardous” is checked. It also says the other driver stated he “was “fooling around” with friend driving fast”.</p>

<p>Clearly, my car is totalled. I am, of course, happy to be alive (and lucky!) but I’d like to know how it’s all going to work. (I’ve never been in an accident before.) Will my insurance cover only the current value of my car? (It’s a 1999.) Can I sue for more to cover medical costs (I went to the hospital to be checked out and had a CT) and the cost of a new car? Will my insurance go after his insurance? Any info would be appreciated.</p>

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<p>Insurance covers the present value of the insured asset (unless you paid extra for replacement cost – an option on houses, but I think not so much on cars)</p>

<p>You can sue for anything you want. Whether you win or not is a different question. I should think that your medical costs would be covered by the other person’s insurance (up to the limit of their policy). Beyond that, you are likely talking lawsuit.</p>

<p>You need to talk to your insurance company about what they will do. I’ve heard vastly different stories from different people. Mostly, they want to cut a check and walk away.</p>

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<p>Normally the current value of the car is covered - not a new car. Do some research and have an idea of the value - when my 1 year old car was totaled they (the other guys insurance) tried to low ball us on the value.</p>

<p>The other guy’s insurance should also cover all your medical expenses. We waited a while to make sure no complications arose down the road before we signed off on the medical. There is a time limit to how long you can claim on medical - 2 years I think. They are required to give you written warning when the limitation is about to be reached.</p>

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<p>If you are not in a no-fault state, then the determination of whose fault the accident was is key. If the other driver is at fault, his insurance will cover your property damage (car) and your medical damage (doctor bills, tests, ER bills, pain and suffering, etc.). If you were taken to the hospital in an ambulance from the accident site and then the tests were performed, that would be ideal. </p>

<p>As for compensation for your old car, you won’t get a new car. With a car as old as yours, you’ll be offered the “value” of the old car. Unfortunately, the value of the car to you (reliable transportation using a paid off car) is less than the actual monetary value of the car.</p>

<p>You can perhaps argue with them that you deserve more for the car (it had GPS, or a fancy exhaust system that wasn’t standard, whatever) and could get more $$ or show them ads in the paper for a car like yours that are selling for more than the insurance company is considering giving you–but basically, if your old car is totalled, and it would cost more to fix it than it is worth, you’ll get $$.</p>

<p>I’ve heard anecdotes where people have claimed that someone they know forced the insurance company to fix the old car, but I don’t know personally of anyone who has done that. Bottom line, if your old car gets totalled, the money you get probably won’t buy you a used or new replacement car.</p>

<p>You should talk to your insurance company–the other driver may claim that you are partially (or totally) at fault and they need to know what is going on. But as for your insurance company going after his insurance company–there is no need to since his insurance company will be paying for your car damage and medical bills. </p>

<p>You will be pressured to make a quick settlement for $$. But with car accidents, soft tissue injuries (yes, people do get them legitimately) may not show up for a while (weeks, perhaps months). It would not be wise to settle too early without seeing if anything else develops or not waiting to see all the medical bills. </p>

<p>Glad you’re not injured!!! But there will be a bit of a hassle from this point.</p>

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<p>In our accident the other driver received 3 citations (the police officer made a point of telling me that) while I did not receive any. My understanding is that that had a large affect on who was responsible for the accident as far as the insurance was concerned (I don’t know if it varies by state). The other driver actually lied and said i did not have my signals on - fortunately other witnesses told the police I did. I gather that if I had received citations it would have blurred the whole ‘who was responsible’ issue. Anyway the insurance never disputed who was at fault though they try and low ball the car value and tried to wriggle out of paying my medical costs because of timing issues - fortunately I knew the written warning rule (that may also be specific to individual states now that I think of it).</p>

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<p>Good point by swimcatsmom–get a copy of the police report for your records.</p>

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<p>Insurance law varies by State. A good place to start is your state’s insurance department’s website, they will often have FAQ about what to expect in an accident. If you have collision you can use your own coverage and your company will go after the at fault company to recover what they have paid and your deductible. If you are in a no-fault state your medical bills will be covered by your company. It all depends on your state, every state is different. In many states you could be eligible for a bodily injury claim from dollar $1, in other states you have to meet a “threshold”. It all varies.</p>

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<p>Glad to hear that you’re okay. The first thing you should do, if you haven’t already, is to contact your own insurance company. This is what you pay for with all those expensive premiums. If you have collision coverage, you can have your own company look after the damage or settlement if it’s a total loss, then they will subrogate from the other person’s insurer, to the extent that liability is determined. </p>

<p>Liability will depend on your state. In some states, even those which are not totally no fault, insurance companies have ‘no-fault agreements’ which determine who pays for what in certain types of accidents. In some states, an accident such as yours would be partially your fault since you were turning and changing direction. In other states, it would not. You need to talk to your company, file a claim report and they will proceed. Have all of the relevant information with you when you call, for all parties involved. Your company will order a police report (you don’t have to do that) and likely speak to the investigating officer.</p>

<p>As for injuries, if you require further medical attention, keep track of whom you see and what any resultant costs are. If you’re not injured, but just a little sore, all the better! You will be entitled to the blue book value for your car, not a new car. Your damages incurred are for a '99, not for a new car. It’s unlikely you’d have replacement value on a car that old. It’s usually only available for new cars and only for up to three years. If your car’s damage exceeds its value, your company will not repair it. They will reach a cash settlement with you.</p>

<p>It’s all a hassle but thankfully you’re okay and a car can be replaced.</p>

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<p>Contact your insurance company right away and ask them all of these questions - that’s part of what you’re paying them for.</p>

<p>You shouldn’t expect to get any more for the car than it’s current value. Assuming the other party’s found to be at fault, they should cover any deductible you might have. Get ready for a surprise though when you find out what your car’s really worth - likely less than you think. You can check its value on kbb.com or edmunds.com. You’ll probably have some emotions about how ‘unfair’ it is and you’re right, it’s not really fair but from the insurance and law perspective you can only get what your car’s worth. </p>

<p>I hope everything’s okay medically. You’ll get past this eventually so hang in there.</p>

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<p>Thanks for all the info, folks. I do live in a no-fault state, so his insurance will cover my medical expenses. Ucsd<em>ucla</em>dad, I do feel rather incensed that this kid could make such a huge mistake and be no worse off for it than I am while I did nothing wrong. But, c’est la vie…</p>

<p>The kid who hit me will be a high school junior this year, just like my son. He and his friend in the black SUV had to have been racing. The friend misjudged–because of his excessive speed–and made a decision to pass me without noticing my turn signal. The kid who hit me was just following his friend; I don’t believe he really even saw me until it was too late to even apply his brakes. The kid in the first car to pass was not cited or included in the police report except as a witness, which really bothers me. The only difference between the two is that the second driver actually hit me whereas the first was just lucky enough to miss (and be missed). If I were his parent I would want to know this, but they won’t.</p>

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<p>Wow. Out here that would be considered a speed contest which is a pretty major infraction - I think at least reckless driving. There have been too many people killed and maimed by them, mostly teenagers but some innocent victims, so they’re cracking down.</p>

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<p>Yup, also in CA and a speed contest is a major infraction. I live in a small town and if it were me and I knew the first driver was involved but not cited, I would call up his parents and give them the 411. But that’s just me :)</p>

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<p>schmoo - Call your insurance agent ASAP so the insurance company can start a file. FAX a copy of the police report to the agent/company. Tell them about your vehicle loss, and your medical expenses of course.</p>

<p>Your vehicle is likely a complete loss, and prior posters are right – unless you were driving junk, you won’t be happy about the $$$ you’re offered for the car. If the car was borderline fixable, you could argue that you want the car fixed. That’s generally enough to get the insurance company to up its offer. But in this case I don’t think you have much maneuvering room unless (a) you hire a lawyer to argue for you, or (b) you’re really good at negotiating for yourself. My advice, humble as it is, is to price out a few cars like yours and be ready to counter a low offer with “You know, that’s way below what identical cars are selling for. I’ve located a dozen cars like mine. Would you like to hear about them?”</p>

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<p>I thought that in a no fault state, your insurance pays all of the damages you suffer…</p>

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<p>Ohhh, can I ever sympathize! I hadn’t even gotten the license plates for my Camry when somebody ran a red light and caused major damage to my car.</p>

<p>The way it worked for me was that I reported it to my insurance company immediately, and they gave me some options of where to have it towed to have the damage assessed for insurance purposes. They arranged the tow truck and scheduled the damage estimate. Meanwhile, I got them a copy of the police report. </p>

<p>Since my car was repairable for less than the cost of replacing it, the insurance company authorized a repair and paid the auto repair place directly. The other driver’s insurance paid my deductible since I was not at fault. Insurance also paid for my rental car.</p>

<p>My previous car, an oldie-but-goodie with more than 100,000 miles on it, was totaled by hail damage. For that one, the estimate for a repair was more than the car’s worth, so they declared it totaled and sent me a check for its value at the time of the accident. </p>

<p>So I’ve had two major car insurance claims, neither of which was due to any fault of my own. The insurance company can’t raise my rates for something out of my control, but I’m sure I am not their favorite customer after all that either!</p>

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<p>Some, but not all, vehicles have “black box” data recorders. If the SUV has a black box, make sure the data is recovered by the police.</p>

<p>

[How</a> many cars have black boxes? - By Paul Boutin - Slate Magazine](<a href=“http://www.slate.com/id/2087207/]How”>How many cars have black boxes?)</p>

<p>

[Is</a> your car spying on you? - Aug. 23, 2006](<a href=“http://money.cnn.com/2006/08/22/autos/edr_concerns/index.htm]Is”>Is your car spying on you? - Aug. 23, 2006)</p>