My FR-S is Gone): : Totaled!

[IloveBaldEagles]

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

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

[PradiG]

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.

[ttknf]

Originally Posted by chadstyle

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.

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).

[Hotsaucze]

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.

[Exhaust]

Originally Posted by Hotsaucze

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.

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.

[jmaryt]

Originally Posted by Cjm005

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).

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

[ttknf]

Originally Posted by Hotsaucze

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.

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.

[enjoi23]

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!!

[Foobar]

Originally Posted by jasper

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.

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

[whaap]

Originally Posted by Hotsaucze

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.

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

[Joeprelude]

Originally Posted by Cjm005

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).

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....

[whaap]

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.

[Braces]

Originally Posted by Hotsaucze

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.

I agree if there were unresolved medical issues, loss of work revenue, etc, etc. But indiscriminate suiing is the main problem with this country.

[nzer]

OK, since everyone involved is safe, I'll say it...




.