Totaled or not?!?!

[G-awesome]

Originally Posted by HunterGreene

I should also apologize to the OP for contributing to the hijacking of this thread--there just are some important things here that I feel need to be pointed out.

I really should add a disclaimer here, since I am NOT a lawyer. I have a passing familiarity with traffic laws due to my own research.

Here's the thing--since there were at least three vehicles that were involved in this accident, and you have initially been determined as "At fault", you are wholly liable for any injuries that show up now or later as a result of this accident. Again, laws differ, so I don't know if this is the case.

However, I would strongly suggest looking into the laws that govern what traffic *should* be doing during a signal change (in this case, yellow to red). Then, as most cars have "black boxes" these days, you could (or the lawyer representing you) could demand the telemetry from the SUV.

My hypothesis works like this--IF the law states that vehicles approaching the intersection are supposed to be preparing to stop when the light is yellow (as it does here in Ohio), and the SUV driver hit the accelerator in an attempt to beat the light, they MAY actually be at fault, since you were already in the intersection.

Again, this is just an interpretation based on what limited knowledge I have. I defer to people who actually have legal experiences, aka Lawyers. All I am saying is that it may be worth it to retain a lawyer to prevent having to pay out large sums of money in the future.

Apologies for the OP again.

I totally understand. I did my research as well and have spoken with a lawyer and that's what he told me as well based on the consultation. Usually 95% of left turn cases are always the left turner's fault so it's definitely tough pin her at 100% fault. Thanks for the advice about the car black box. I will report it to the adjustor because I have considered factoring that in to the claim process.

I am definitely worried about possible injuries with the SUV's driver and passenger. No one was injured at the time but anything can happen. I was lucky to come out unscathed with no major complications afterwards.

[Turbo95eg6]

Originally Posted by Hotrodheart

Most of that will rub right out.

I see what you did there

[Chad86]

Originally Posted by jwedeles

Hi everyone! I wanted to thank everyone for the comments and input concerning my car. I went to see it at the body shop yesterday and heard some not so great news... The total in damages is $12,100. There is no frame or main engine damage, so the only thing that would push it to being claimed as totaled would be if it was 80% or more of the cars retail value... That being said the damage would have had to be at least $12,800 to be considered totaled. Yes, $700 away... I'm not very happy about it. Strongly considered going and smashing in the front windshield so we could call it totaled. But obviously I didn't and there is nothing I can do. I am 18, btw. I am attaching a picture of him in the body shop all torn apart. Thanks again for all the opinions; I will attach pictures of the summary of cost in parts and labor later (I am not in town atm and am trying to update you via phone). I am not expected to have it back until at earliest June 23rd.

Did you get Total Replacement Insurance? If you had this and they deemed it totaled you might be able to get a 2014 Monogram.

Accidents suck...I have been through a few and I feel your pain. Glad to know you are all right. The car is the secondary importance in your situation.

[gymratter]

in the future if anyone here gets in a wreck and insurance is paying for it just take it too the dealer and not a hole in the wall body shop.

[ntron1]

Originally Posted by gymratter

in the future if anyone here gets in a wreck and insurance is paying for it just take it too the dealer and not a hole in the wall body shop.

Uhh, No Thank You. It goes where the Ferrari's go and that is not a dealer.

[gymratter]

Originally Posted by ntron1

Uhh, No Thank You. It goes where the Ferrari's go and that is not a dealer.

all my visits to the dealer/bodyshop have been great.

[J_kennington]

Originally Posted by gymratter

all my visits to the dealer/bodyshop have been great.

had mine repaired at the dealer after being rear ended. I have no complaints. paint matches perfectly, took 3 days. replaced "trunk floor", metal bumper, plastic bumper, and reverse light

[vh_supra26]

I think I would rather have my car at the dealer than that place the OP took her car too.

[jwedeles]

WOW. Missed a ton of comments while I was away. Life has seriously been so hectic without my car... I actually am an Allstate agent and ironically enough, I do not have rental insurance. Trying to get to and from work has been quite the fiasco. Anyways, my car is still in the body shop. They were not budging on the fact that it was not going to be totaled. I was informed that it is up to the insurance company's discretion to decide whether or not the vehicle is totaled. The body shop told me that they believe the car would have had to have the entire value of the car in damages to be totaled because it is so new. I agree with the fact that the insurance company is trying to save themselves any money they can- I think every company is probably the same way. As for those of you that said I should tell my adjuster that I wanted it totaled- HA! Personally, I know they are less likely to total the vehicle if you want it to be totaled. Also, my condolances out to others that have crashed their babies too.
Others that blame the body shop- I am not happy with their work but they have always done excellent work for me in the past; when a racoon tragically took out the front bumper and undercarriage of my camaro. That is the reason I trusted them to do work on my car this time. They were supposed to send my car to a different approved body shop, but this one is approved as well and I requested it to go there.
Anyways, update: Body shop had the audacity to call and asked if I cared about my HID headlights. I laughed. The wrong lights came in and they had to reorder the correct ones. The car was supposed to be back in my possesion today; however, upon "double checking" the vehicle, they found the wrong seatbelts were installed... Apparently the 10 series has special ones? I do not know. The seatbelts are going to be an additional 5- 7 days at the shop. This means I will be back in the car (hopefully) by 6/23. I appreciate all of the comments and opinions. Now that the car has been in an accident I think I am going to start doing some small aftermarket changes to it... So happy to have found such a supportive FR-S fam!
I will post again if there are any other issues... which does not seem unlikely the way things have been going.

[HunterGreene]

Originally Posted by jwedeles

WOW. Missed a ton of comments while I was away. Life has seriously been so hectic without my car... I actually am an Allstate agent and ironically enough, I do not have rental insurance. Trying to get to and from work has been quite the fiasco. Anyways, my car is still in the body shop. They were not budging on the fact that it was not going to be totaled. I was informed that it is up to the insurance company's discretion to decide whether or not the vehicle is totaled. The body shop told me that they believe the car would have had to have the entire value of the car in damages to be totaled because it is so new. I agree with the fact that the insurance company is trying to save themselves any money they can- I think every company is probably the same way. As for those of you that said I should tell my adjuster that I wanted it totaled- HA! Personally, I know they are less likely to total the vehicle if you want it to be totaled. Also, my condolances out to others that have crashed their babies too.
Others that blame the body shop- I am not happy with their work but they have always done excellent work for me in the past; when a racoon tragically took out the front bumper and undercarriage of my camaro. That is the reason I trusted them to do work on my car this time. They were supposed to send my car to a different approved body shop, but this one is approved as well and I requested it to go there.
Anyways, update: Body shop had the audacity to call and asked if I cared about my HID headlights. I laughed. The wrong lights came in and they had to reorder the correct ones. The car was supposed to be back in my possesion today; however, upon "double checking" the vehicle, they found the wrong seatbelts were installed... Apparently the 10 series has special ones? I do not know. The seatbelts are going to be an additional 5- 7 days at the shop. This means I will be back in the car (hopefully) by 6/23. I appreciate all of the comments and opinions. Now that the car has been in an accident I think I am going to start doing some small aftermarket changes to it... So happy to have found such a supportive FR-S fam!
I will post again if there are any other issues... which does not seem unlikely the way things have been going.

Thanks for the update. And I would go over that car with a fine-toothed comb before you take it back--if they screwed up on the headlights and seatbelts, you don't know what other mistakes and omissions they could have made.

[Karigan]

I hope this shop has a life-time guarentee for as long as you own the vehicle.
I ended up convincing my insurance to total mine (less visual damage that yours shows) when I let them know I would own this car until the end of time, and would continue to take it back for any issues the car might develope later.

[regal]

As long as the front fromt rails aren't bent it shouldn't be totaled, but make sure you get those checked with a laser at a frame and alignment shop, not a body shop.

[extrashaky]

Originally Posted by regal

As long as the front fromt rails aren't bent it shouldn't be totaled, but make sure you get those checked with a laser at a frame and alignment shop, not a body shop.

Take it to Bobby!

[paulca]

Originally Posted by G-awesome

I do agree kennington that I'm partly at fault for not waiting until the light was fully red.

What does a traffic light tell you it's safe to do?

Nothing, except maybe to assume the bulb works.