First serious accident, Please help me with do's and Don'ts

[knorwj]

Well I was heading back from a store yesterday and was involved in an accident. I have been talking to both insurance companies and would like some pointers and tips for dealing with my situation. I'll even slap a nice picture of my crumpled car at the end for ya.


Back story:

I was driving on a road (roughly 20 mph in a 30-35 zone). It was a normal 2-lane road (1 lane my way, 1 lane opposite way). There were no other cars driving in my lane and quite a bit of traffic congestion in the opposing lane.
I approached a parking lot (on my passenger side) and a pathfinder was waiting to leave the lot. I was aware of him sitting there waiting to get out. He was intending to make a left across my lane and into the traffic going the opposite direction of me. Just as I got near (10-15ft?) the parking lot exit an opening appearing in the oncoming traffic and the pathfinder gave it the gas to make it out. He pulled out and I hit my brakes hard, my tires squealed and we collided. His front bumper collided with my front passenger side fender, and my front bumper. Pretty much my passenger side front to his driver-side front. The impact pushed me across my lane, across the yellow line and across the opposing lane of traffic on the the shoulder. I don't think he ever hit his brakes. I also think that for his car to go from a standstill to pushing me across a road he must have really gave it the gas.

Anyway the guy got out and immediately tried blaming me. Obviously I knew he was in the wrong seeing as I was proceeding well within the speed limit and he pulled out into me. The guy he tried cutting off came to me and offered to be a witness on my behalf. There was also a guy in the parking lot who saw it and also acted as a witness on my behalf. Both witnesses agreed that the guy never even saw me in front of him because he was too busy watching for a spot to pull out into across my lane.

So anyway both witnesses gave statements to the police, as did I. The other driver was unlicensed and it wasn't his vehicle. His wife had back pains and went with paramedics and when the police started questioning him about not having a license he too suddenly had to leave with the paramedics. surprise surprise.

The police told me that he was issued tickets for not yielding to my right of way, and also a ticket for not having a drivers license. I was issued nothing. Both vehicles were towed.

ok now that the novel is done... I immediately contacted my insurance company and filed a claim. Because I do not have collision I then contacted the other vehicles insurance and also filed a claim as my insurance instructed me to do. they told me they would contact me again today, which they did. I spoke with someone on the phone and they wanted to get a recorded statement. I did this for them and my story was the same as I told the police and both insurance companies before. Obviously I do not want to lie about anything I just want to be reimbursed for my car. They said they are also going to contact one of my witnesses for a statement. They then informed me that they are going to send out an adjuster to look over the damage to my car.

So anyway am I going about all this correctly? Is there anything I should know or ask? Can the other insurance company refuse my claim because it was not the owner driving the vehicle? Do I have anything to worry about with these people all claiming they were "hurt" even though I was not at fault?

... and the pic we've all been waiting for.....


Thanks for any tips/help you guys can offer me!

[JustSayGo]

I am surprised that your insurance company told you to talk to the other vehicle owners insurance company. The owner of the other vehicle is responsible for insuring his vehicle and who he allows to drive it. Laws are different from state to state but in many cases even if the owner says the car is stolen he is still responsible if the driver has his keys. At this point tell the other insurance company that you need a rental car delivered now until your car is repaired or replaced. Don't accept a rental car that is smaller or pay for an upgrade. They will probably try to put the rental car off as many days as possible. You should not have paid for towing or storage. Keep your money in your pocket. You are inexperienced. The insurance company knows what to say to people in your position and practices every day. You should not have told anyone that you are not injured. You may be sure that you are not but may discover that you are in the future. About 12 mos from now the other insurance will offer you some money to sign a release saying that you were not injured and will not make an injury claim in the future even if you never go to the doctor. If you find yourself letting the insurance company tell you how it is and not putting you back in the same position you were in before their client hit you, talk to an attorney who will get you what you deserve without having to pay.

[knorwj]

Thankyou for the reply! As far as the rental thing I'm out of town on business until the weekend so I won't need one till then but I will be calling them up thursday or friday to try and have one waiting for me. I haven't paid anything yet as far as towing or storage and I refuse to pay out of my pocket for it. That was an issue yesterday on the phone the agent kept telling me that the first thing I need to do is get it out of the towing yard and to my garage/driveway as soon as possible. As far as I'm concerned its not moving till they pay the yard. I also didn't actually tell anyone I wasn't injured and I didn't decline medical attention at the scene I just didn't recieve any. The police officer asked if I was hurt and I told him I didn't know and that if I felt anything I'd get checked out. I was more concerned with following what was going on and making sure everything got done correctly. Both the paramedics and police informed me that if any injury does arrise I should go immediately to the ER and get it checked out. I definitely should have at least sat done and let them check me out there, but my mind was on other things. Other than that I think I handled everything pretty smoothly. Once again thanks for the help!

[fredjacksonsan]

The other company is required to pay for towing to the shop you want to do the work (within a reasonable distance), pay for your rental (subject to the rentacar's rules, since you're 23 - some places might not rent to you under 25) and any injuries you suffered in the accident. If you weren't hurt and didn't see a doctor, no worries, but you can go to the doc to get checked out if you want to, and they'll have to pay.

It sounds like you are proceeding in the right way (I used to be the guy that takes recorded statements) and the only problem I see is getting the statement from the driver that pulled out in front of you....if he "hides" and tries not to be contacted, there could be a delay; but if you get the rental the other company will be quicker to have your car fixed. See if there's a police report, if the other company has that it will speed things along.

[knorwj]

Thanks for the tips guys. I just got back in town tonight and I haven't heard from the insurance since I talked to them on Wed.. I tried calling the woman who I have been dealing with but I got home too late and missed her. I'll try again in the morning but I bet I don't hear from her till monday. Too bad because I really wanted to try and get a rental as soon as possible.

I'm assuming the car is totaled. It was in great shape for the year having just been re-painted OEM color and all dings straightened out. It was also very mechanically sound. I have made over 8 trips up and down the east coast since May without even the slightest problem. However despite all this I feel that the cost of repair may exceed blue book value of the car. I guess I'll find out soon.

[fredjacksonsan]

So...any news?

[knorwj]

Well the insurance company has informed me that they will pay for damages. Now I'm fighting them over the value of my vehicle. According to KBB my private party value in good condition is 2600-2700 fair condition was 2300-2400. retail was well over 3500 and trade in value was around 1400. The insurance company is trying to tell me mine was only worth 1525.

As far as i'm concerned mine fell into the good condition area. I was in the process of restoring it and was almost done. I had it repainted last july, I have installed over 1000 dollars worth of parts in the past year (all OEM no aftermarket) I have reciepts for parts+labor that total well over 2000 dollars not including the paint job. Parts replaced include Starter, alternator, radiator, axles, power steering lines, battery, all 4 tires, brake pads and rotors, all 4 springs and shocks, and the clutch and flywheel have less than 50,000 highway miles on them. I've driven this car from upstate new york to virginia (slightly more than 600 miles round trip) about 6 times in the past year and not once did the car so much as flinch. I can still even get better than expected gas mileage of 33 mpg with it.

Now this woman I am dealing with is the second person at the company to deal with my claim. The first told me they looked at the car and value it at around 3000. I thought that was acceptable. Now the second woman is trying to tell me it is worth only 1500. When I told her that the first woman had told me 3000 she told me "I am not even having a converstaion about that with you right now". I kinda feel that she was being very un-business like towards me and I was getting kind of annoyed. So I told her I had alot of reciepts for parts all replaced in the past year and she told me to fax them to her and she would take them into consideration when determining the value. So thats pretty much where I'm at right now. Just waiting to fax them to her monday or so.

She also was trying to tell me that she did very thorough research on autotrader and some other website and found numerous other cars like mine selling for around 1500. That night I went on and couldn't even find another 2nd gen gs-r for sale on autotrader. I did locate 1 on ebay that was up to about 5000, and there is a guy in my apartment complex with one a year older than mine in way way worse shape asking 4500 for his, His also happens to be the only other 2nd gen gs-r I have ever seen in person. I feel that she was looking at base model integras and assumed they were the same. I know I have been looking for another gs-r for awhile but they are very rare and when you do find them in good shape they are pretty pricey. I just hope I can convince her of that.

[fredjacksonsan]

For this situation, make copies of all your receipts to show that the vehicle was restored. Also, if you got something in writing from the first person that shows $3000, you should send that to the person you're working with now.

Lastly, if the other company is giving you a raw deal, and you have Collision, go with your company. They'll usually give you a better deal, but not always.

If all else fails (just be persistent and they will usually come around) then you can request arbitration; but be careful -- whatever arbitration decides, goes, for good or ill.

[JLad10687]

Any updates? And by the way, it may be worth stressing the model type to them and stressing its not a basic. Also, if you have not come to a settlement yet you may want to see just how long they are going to continue to pay for that rental. Also, no one goes by KBB. Its high for everything, would you pay KBB for anything?...then dont expect the insurance company to do so. Go by NADA value and retail.

And for future reference for anyone that gets into an accident, disregard everything JustSayGo said, if the veh is stolen in most state, the driver is liable, they would want you to move your vehicle from a tow yard so you're not acruing storage charges and it may be best to pay out of pocket for those charges up front and get reimbursed so youre not paying more later. Never lie, if you're not injured then say so, if you're feeling sore later, you can always tell them that later and its not a big deal. If you're not injured they wont offer you a settlement to sign a release. Also with the rental, in some states they owe for a comparable vehicle and others they owe for a set size of vehicle so dont be a hard ass about it and try to tell them what you're doing because that will only make things worse.

Finally, insurance companies are not there to rip you off, if you're not a dick and reasonable then so will the insurance company.

[Chia08]

JLad10687 has some great advice. I am an insurance adj and the last thing I want to hear when I am trying to help someone (we do actually try to help) is them telling me how to do my job. The valuation of a totalled vehicle is a state-by-state thing. My best advice...if you don't understand the valuation ask them for proof of where they are getting it. If they are using comaparable vehicles it will be easy to see if they are valid or perhaps if you can find better comps that are LOCAL. If it is book value it will be a more difficult arguement to prove increased value. Keep in mind that just because it costs money doesn't mean it adds value to the car.