My FR-S is Gone : Officially Totaled
 

I was driving down the street and the car in front of my came to an abrupt stop in the middle of the street (no stop signs or anything). Luckily I was able to stop in time; however, the guy behind me wasn't so fortunate. He plowed into the back of my beloved FR-S which, in turn, caused my car to fly into the idiot in front of me. While the car is gone at least nobody was seriously hurt in the accident. I'm 18 years old and this was my first accident. I have full coverage insurance and the accident was not my fault. Does this mean I will just get a new car or am I going to be out a lot of money. From my understanding I will only get what the insurance company thinks it is worth. The car only had around 8000 miles on it.

Update: The insurance of the guy behind me is going to cover the car. Since the person who hit me from behind is at fault, my insurance will not go up any. Hopefully everything from here on works out smoothly and I'll be in another FR-S shortly. Although, I may end up checking out some other cars before going for an FR-S. Don't get me wrong, I absolutely loved my FR-S! However, since I got the car so quickly, I never test drove any other cars. I try to look on the bright side of things though. At least I can get a different color(: Black was nice and all, but it was a bitch to keep clean!

Update: Officially Totaled
I finally got the word 2 days ago that the car is in fact totaled. They offered me 25 for the car which I declined as I paid close to 32 in total. I'll keep you guys in the loop with everything going on. Im talking to a dealer who said he's getting a massive shipment in this week today. I might even do the paperwork for it (:

Here are the pics of my car after the accident:(

Which insurance company do you have? I have AllState and if my car is totaled within the first three years of owning it I get a new one.

do you have GAP insurance on the car? Depends on how much they will give you for the car.


But that does suck.

sorry to hear

Never been in your situation but I suspect you will get a check. If you will be receiving a check and feel you are being offered an unfair amount you can negotiate for more. Everything in this world is negotiable, start cordially but don't be afraid to be a prick. Remember, just because you are dealing with a large company, their first offer is not set in stone. They may flatly reject any negotiations but it doesn't hurt to try.

Legally they are required to ''make you whole'' thus the value is based on what your car was worth at the time, not the purchase price. Lucky for you the FR-S is relatively new and in short supply. There are almost no used examples and as such you should receive close to the MSRP perhaps minus 1-3 grand (pure guess). Good luck.

If the accident report determines the accident is not your fault but is the other drivers, then his insurance should cover your loss. Let's hope he has insurance.

Sorry about your car guy. Fortunately, the value of used FR-S' is quite high, so you should get something close to the MSRP. Don't be afraid to negotiate (get tough) with the insurance company.

Sorry to hear about this man, glad to hear everyone is ok.

Same here. It really depends on how your insurance policy is set-up though.

Thanks for all the incite guys. Like I said, I've never been in this situation before. For now, I'm just trying to enjoy christmas eve. Tomorrow I'll figure everything out. Ill post pics of the car later on tonight. It ain't pretty /:

Well since the accident wasn't his fault, doesn't he have leverage in what he gets from the other guy's insurance? It shouldn't matter what his personal policy consists of, right?
It's not his fault.

Right on in post #7. Every state is different, but if you are in a typical state...

Typically if somebody rear ends somebody else (no pun intended) the person doing the rear ending in the world of insurance is 100% at fault. If that is determined the case, the other person's insurance liability coverage should cover you in full. This is best option for you if the other insurance company is good and doesn't try to screw you over - you don't need to pay your collision deductible in this scenario.

If the other person is 100% at fault but does not have liability insurance you can use your own uninsured motorist (if you are in this type of state - every state has different insurance laws) coverage on your insurance. In this scenario, your insurance company coverage takes the place of the dead beat driver that didn't have coverage and hit your car.

Finally, if the other person does have insurance liability coverage, is at fault 100%, but his insurance company is ****ing you around, you can choose to use your own collision coverage and let your own insurance company subrogate against the person's liability coverage that is 100% at fault. If/when your insurance company collects back from the other person's company for being at fault, you get your collision deductible back.

BTW, sorry to hear. Accidents suck. I got rear ended once and luckily the other driver had good insurance.

Well other factors also matter in exactly what aftermarket parts are on the car if any. I know a good chunk of companies will cover just stock parts but if there was any sort of exhaust work done you can pretty much count that gone unless you specify it in your policy.

Most of the time you will get a check and then you can go buy a new one, but it also depends if you were upside down on your loan at all either.

That's actually gray with liability coverage. Typically liability has to pay you whatever you are out. Including aftermarket upgrades and personal contents in the car. Again, it really depends totally on what state you are in as they are literally all different and unique with their auto insurance laws. And then, after you get through the unique laws in a given state, every insurance company is different with how they treat collision and liability auto claims!!

The unfortunate part is that your insurance will have to pay for the repairs for the idiot that you were pushed into. I was hit due to someone behind me being rear ended and he was pushed into me. His insurance covered my car while the guy in the back covered the middle car. The messed up part is that even though I didn't hit anyone and wasn't cited in the accident my insurance has gone up $40/month for 3 years just for filing a claim. Mind you the accident took place in California and I live in Florida now and its causing a rate increase for another 6 months. Ridiculous.

that doesn't make sense. If the accident isn't my fault then why should my insurance pay anything

Because you didn't have enough distance between you and the car in front of you when you stopped. It's ridiculous and doesn't make sense but its the law.

Your insurance will go up reguardless. The same thing happened with us but because we were a sub the initial damage wasn't severe. I'm assuming it will cover around $20k if you have gap insurance it will cover any remaining amount owed on the car

If I paid off the car in one check. What kind of effect would that have on it.

Take the advice the others gave about haggling for more money. Also, you "might" be able to snag a few pieces off the wrecked one before the insurance company buys it and scraps it(interior stuff).

If you had an aftermarket radio for example, you have every right to take that, as well as accessories that you paid extra for. Speaking of, make sure you add up any additional items you had installed on the car.

But of course ultimately you will be losing money unless you had a special plan like the guy with Allstate who said he has 3 years and gets a new replacement(I bet you pay extra for that service).

Do not accept the first offer! Show them what used FR-S's are listing for on auto trader and haggle. They cannot force you to accept the payment, but they can indefinitely string you along with lowball offers until you cave in and accept.

If you're planning on haggling, DO NOT CASH THE CHECK they send you! If you do, they will take that as acceptance of the original offer. I know this should be common knowledge to most, but always good to throw that out there in case they didn't know.

Than you would not have GAP insurance and you will be at the mercy of the Insurance company to value the car. They normally go by blue book in excellent condition for the value but each company is a little different. And just to warn you it is not a fast process normally taking a few weeks before you will see the check for the car.

Sorry for your loss, I'm sure they get you a brand new car .
Try and keep the write off car and sell me find parts off it

Poor baby, may she rest in peace.

Damn sorry to hear.

Yeah jasper is right. Totals are not fun to deal with. Gap insurance just covers financing loans I think.

Since every one is asking for parts. How are the two turn signal faux vents?

My wife was pushed into the car in front of us and our ins had to pay the damage to the car in front plus our front end damage. Absolutely stupid, but that is the law (at least in Texas).

Make sure your back hurts and neck too. Get the most out of it!

Glad no one is seriously hurt. People are not replaceable.

Glad your okay and no one was hurt.

Me and my gf were in an accident about a year ago in her IS250. Someone ran a red light and hit us (if I didn't stop in time, he would of t-bonned the driver sides of the car). The front was smashed. The other driver didnt have insurance and it was a huge hassle. Luckily we had uninsured motorist. Wish you the best of luck. And definitely get your back and neck checked out. You might not feel it initially, but there could be future problems.

Nope, the rear guy's insurance will pay for everything (as long as his liability limits are high enough). Rear car is primarily at fault for accident; if he hadn't rear-ended the OP and pushed him into front car, accident wouldn't have happened.

Also, most states legally don't allow insurance companies to come up with their own total loss valuations (conflict of interest). The way CA does it is based on the value of the car at market value (they take comparables to cars actually selling at dealerships around the area).

It's not your fault, you got hit. Now go shopping for a LAWYER, and you'll come out ahead, better than before the accident. Sue for damages to health and for the difference that gap would of covered for a replacement FRS. This is a opportunity for you, take all of it.:paddle:

Is this really a plausible route? For one a lawyer is expensive, and if he didnt claim any injuries upon the accident wouldnt that bite you in the ass? i suppose an even bigger question would be that was a police report filed. :iono:

that's really f**ked,and so wrong,at least on moral grounds!

That's not how it works...

A lawyer's not going to take his case unless he's injured. Ambulance chasers can't make any money off total loss settlements, only when there are injuries that need treatment. Then they try and haggle with the insurance company, get the amount for "pain and suffering" up a bit more, then take 30-40%.

Honestly OP, if you're not injured with some life-debilitating injury, don't waste your time with attorneys.

Regarding the comment about a police report; unless the cop was there and saw the accident firsthand, the write-up he or she does on the report is meaningless to an insurance company/adjuster. Police officers take some statements they're given in haste at an accident scene and write their estimation of what happened. I've seen officers make huge factual mistakes on police reports (switching drivers and passengers, stating things that were said/happened that didn't etc). If an adjuster legitimately cares (and is good at his/her job) about getting to the facts and making an objective decision, then the damage, driver statements, scene photos etc are what a decision is based on.

Sorry to hear that Dbacon... I remember seeing your car. Whenever the insurance companies contact you, make sure you stick to your story otherwise they can get you like that. When they contacted me and got my stories, I said that one of the passengers in the other person's car was about 16, and another time I said about 16 or 17. The other persons insurance company didn't want to pay for my car because supposedly putting those different age groups meant i was inconsistent, even though I've never seen those people before in my life. The insurance company will do the best they can to not pay for the car, or try to pay the least they can. Don't let them have their way with you!!

Depends on carrier. GEICO pays out within a few days, usually right as soon as the appraiser submits his report which can be as soon as the next day or two.

Sent from my Galaxy Nexus using Tapatalk 2

Wow. Now I know where the term "shit house lawyers" came from. :barf:

I worked in body shops for almost 10 years...I have seen this happen a ton of times...luckily i have never had this happen, but i did once have a 97 Prelude that got ran over by a drunk redneck in a 4x4 while my car was parked (drove up on the hood). surprised it didnt total....

This is going to be quite lengthy. Whether you have the time and patience to read this, I don't know but it's possible you might learn something and then again you might not.

I handled automobile insurance claims for 25 years. I retired in 1989 as an insurance claims manager. I know a lot has happened since I retired but the basics in handling claims is still the same.

Three things have to be known before it can be determined if a car is a total loss or not. One is the value of the car before the accident. Two is the cost to repair the damages caused by the accident and three is the value of the car (salvage) as it sets there now. Most often the salvage value is an unknown amount but the insurance companies have years of experience/records on what certain types of salvage will bring and they can make a pretty good guestimate. Some companies have contracts with salvage buyers that agree to pay a certain percentage of the cars original value.

I often read complaints about "this" insurance company or "that" insurance company. It's not really the company that's the problem, it's the individual adjuster handling the claim. Just like any business you can have dedicated employees that make a strong effort to do right and you have those that don't give a damn and only do enough just to slide by. If you have a good adjuster he will actually "shop" your car. After all, when he closes his file after paying you off he has to show his boss what he based his evaluation on. He will clip ads from auto trader, newspaper, etc. and scotch tape them to a sheet of paper for the file. He will talk to sales managers in the auto business and note their names, affiliation, phone numbers and what they said about the value. If a good effort is made and a good adjuster makes you what he thinks is a fair offer and you say it isn't fair "just because". How far do you think that will get you? "Gee boss, I paid the guy $300.00 more than I thought the car was worth because he said I wasn't being fair!!" Wrong. However, if you have done your homework and copied things you've found on ebay, auto trader, Craigslist, conversations you've had with salesmen in the business and taken the time to build your own file, just as he has done, you might have a valid point when you indicate he might be a little low. There's a saying in the claims business: If you ask three adjusters what a total loss is worth, you'll get three different answers. Unless you can find an "exact" replica to your car it's almost impossible to come up with a rigid, exact value on your car. Also, keep in mind that to be fair you're should be making an effort to establish the selling price which is quite often different than the asking price. Just saying here's an ad for X# of dollars doesn't mean that's what the car did or will sell for.

Getting a lawyer for a total loss is one of the most ridiculous suggestions an idiot can make. The attorney will take at least 1/3 or what ever you get and possible up to 1/2 if the case goes to trial. It doesn't take a wizard to figure out the advantages/disadvantages of that.

If you are making your claim against the other persons insurance company and you can't come to an agreement you don't have any recourse except to take their offer, take their insured to small claims court (depending on the limits in your state and the amount of your claim) or the last resort is to get an attorney. Since that cost is prohibitive sometimes you are at their mercy.

However if your claim is under your policy with your own insurance company you do have a recourse if you truly think you're being treated unfairly. This is something few people are aware of and it is a great tool. Again, it's only applicable to your own insurance company. In your state the insurance industry operates under the control of your states Insurance Commissioner. They can't blow a fart or raise your rates a dollar without first getting the approval of your states Commissioner. If you truly think your company is treating you unfairly (any insurance policy, homeowner, etc.) look them up in your phone book under state offices and call them. Their service to you is free as they are paid by our taxes. They will make an inquiry to your insurance company as to why this problem exists. Believe me, in the insurance claims business the biggest thing they do not want is an Insurance Commissioner complaint. Once they've gotten a response from your insurance company they will contact you either telling you that your insurance company has reconsidered their position or perhaps telling you that you're company is right on and you are the one that is off base.
:burnrubber: