Questions About Auto Insurance and Accidents

debbie8

I was dropping my son at school last week. My car was parked between the lines (vertical to the sidewalk). As my son was stepping out of the car, a jeep pulled in to the parking spot on our right. As the door (right back) was barely open, the jeep only hit the corner of the door with its left signal light and jammed my door. I believe that the the car pulling in is at fault, am I right? And how do I argue the case to the insurance?
Please note the following: This is a school parking lot. The jeep was making a right turn into the spot.

euphonium

The burden of maintaining safe control of the vehicle is always upon the Moving vehicle's driver. Your car was still, not moving. The other driver has the duty to enter any area where pedistrians are with responsible caution.

The other driver's insurance company is to pay for your repair & loss of use while being repaired. Good Luck.

marsha7

I believe the answer is no...if something as simple as a bumper is replaced, unbolted and new one bolted on, there is no "diminished value" because the car is now back to new...there is no big deal because the bumper is not the one that came from the factory...you could argue if the fender was demolished, or the trunk was pushed in, or if the frame was bent...but a simple unbolt of something like a bumper would be no different than changing the car's battery under warranty...heck, if the bumper was damaged in shipment and the dealer replaced it under warr, it would be the same as what you describe... :shades:

stever

Ok, my policy is up for renewal shortly. I have a '97 and a '99 that are worth ~$6k each. Time to drop the collision and comprehensive I think.

I have 250/500 bodily injury; 50k property damage, and 100/300 UMBI (and I just skimmed over the recent UMBI posts). I also have towing and rental (but rental is included in the comp I think). My deductibles are 250 and 500 and I'll save $320 a year by dropping the coverage. That'll bring my yearly tab down to $400 :-)

We only need one car and can afford to buy another if we happen to have a head on collision with each other on the highway and total both our rides.

The only reason I like having comp/collision is for my occasional rental cars; I'm covered right now, but won't be if I drop comp/collision. I haven't paid much attention to the insurance costs when I rent but they seem to be a huge profit center for the rental companies. My charge card doesn't cover rental insurance any more either afaik. But I don't rent enough to justify keeping the comp/collision.

Anything I'm missing here?

Steve, Host

euphonium

It would be a help if you advised the premium for Comp and the premium for Collision for each car.

We are in the same situation. I'm dropping the collision only on both cars while retaining the Comp because that covers everything else that can damage the cars quickly and suddenly, i.e. animal collision, fire, theft, glass, vandalism, falling objects, hail, windstorm, flood, Katrinas, earthquake plus others I don't remember off hand.

Shop around for another credit card that covers collision on rentals.

Divide the premium for each coverage by the car's value and see what you come up with. A one percent rate is not bad for Comprehensive.

When dropping Collision - discern the premium for UM Property 'Damage. I'm keeping that.

Look into a million dollar umbrella policy. A judgement today can corral your future paychecks.

euphonium

I was focused on deleting your collision and forgot to advise you to increase your Property Damage Liability. There are too many vehicles out there that cost a lot over $50,000. Conside the motor homes, up to a million, for a Country Coach.

An 18 wheeler could contain very valuable cargo and 50k is not enough these days.

Recommend at lease 100k P.D.

stever

Comp is $17 and $22.
Collision is $63 and $61.

UMBI is $15 each car.

I'm assuming the rates won't change as I drop coverage(s).

I've been doing the umbrella cost benefit analysis for a few years now. I did wonder abut my 50k limit earlier today as I was perusing my policy. It's $3 more a car to double that, so that's a no-brainer.

Good idea about the credit card - our primary one is worth it for the air miles, but the second card we never use could work for rental coverage.

Steve, Host

olliegator

On 8/28, my wife and I were involved in a car accident. We were at a dead stop turning left onto a road and a car going at least 55 mph hit us from behind. We're ok, but the car has significant damage. Both drivers are isured by Allstate.

Our car is a 2005 Nissan Altima 2.5S, automatic with a sunroof. It has about 7,500 miles on it. Best I can figure, the car ACV is about $18,000 to $18,750.

Ideally, we would like the car totaled so that we do not have to deal with the diminished value and many of the problems that come with the car being repaired (loss of use of the auto, car not the same as before, etc.). We have GAP Insurance.

Here are my concerns, and the issues I would like advice on:

First, the repair shop has completed an initial estimate of about $12,500 worth of damage. The exact quote from the body shop was "It looks worse than it really is". One frame rail is damaged and will have to be repaired, and all of the rear end pieces will have to be replaced. They estimate that it will take at least 30 business days from the day that they receive parts to repair the auto. This does not meet Allstate's 80% (I think) threshold (even though Allstate will have to pay my rental car for all of this time...about $1,500). Should I get a second opinion on the damage? Should I let them begin repairs?

Secondly, I am sure that there is diminished value due to the car being in such a bad accident. How do I recover this, if I can?

And finally, is anyone aware of any recourse that I may have to convince them to total the car out? Maybe negotiate with them?

I'm lost. Thanks for any advise you can offer.

OllieGator

jb_turner

"Ideally, we would like the car totaled so that we do not have to deal with the diminished value and many of the problems that come with the car being repaired (loss of use of the auto, car not the same as before, etc.). We have GAP Insurance."

That is up to totaly up to Allstate.

"And finally, is anyone aware of any recourse that I may have to convince them to total the car out? Maybe negotiate with them?"

None at all.

euphonium

Considering the collision premiums are only 1% of the value, I'd be tempted to keep collision on the policy.

Now I'm going to check my air miles credit card and see if it still works for rental coverage. It's a B/A Visa & the airline is AK.

euphonium

In addition to the damage repair cost and rental cost I wonder if a signed non injury statement would be worth ten grand to the adjuster. After all, latent injuries sometimes crop up.

stever

Me too (B/A AK) and my card flavor does have automatic auto rental insurance.

Even at 1%, I still don't see much benefit in carrying collision on my van with 105k that's basically living on borrowed time as it is. My Outback is mostly a low mileage cream puff, but I still don't see the insurance company totalling it for more than $6k. $320 saved would buy a ski pass around here.

Thanks for the info!

Steve, Host

mikefm58

I'm in the same boat with my son's 98 Mustang, worth about $4.5K with comp at $154/yr with a $250 ded and collision at $558/yr with a $1K ded. Do I cancel and take the chance we won't need that? The policy is up for renewal in January and I decided to drop the collision.

He's already paying a surcharge due to his previous driving record. Which brings up a question. Is an accident surcharge on a policy a fixed dollar amount or a percentage of the premium? If it's a percentage I'm thinking the surcharge would go down if I cancel the collision.

euphonium

Having learned to ski on Mt. St. Helens in 1948 by hiking up I can appreciate the $320 ski pass price. That's a deal compared to around here. We now ski for free due to our ages so I bought new boots last December with custom foot pads. The pads are worth the price and they, with the new boots, took the wobble out of my fats that I bought at the Saloman store, Whistler.

Your Outback could be worth significantly more than TMV due to it being a low mileage cream puff so you may be under valuing it. Dial in e bay and see what they go for there just for the info.

euphonium

When my daughter was 16, she drove a '65 Fairlane 500 with 289 2V that we bought from the original owner. When my son was 16, he drove a 69 Mercury Montego MX, 351 we bought from the original owner. The cars were "Sweeet".

In each case, both son & daughter knew there was no collision coverage and they adjusted the quality of their driving accordingly. Liability, PIP, & Comp worked for us.

debbie8

That was my thinking. However, the insurance company (Allstate) indicated it is my fault. They referenced a law stating that when a door opens to a clear path way (there was no car next to me) it is the responsibility of the person that opens the door. I tried to argue it is a school drop area and is expected to have kids coming in and out of the cars, but with no much success. I think the insurance is simply not very motivated since both policies are with Allstate. I appealed my case to the supervisor, but I am somewhat at lost of what to do next.

Any ideas of how to turn around this case or am I fighting a loosing battle. Overall we are talking about several thousands of dollars in repairs (combined for both cars).

jb_turner

Live with what Allstate says or hire an attorney.

euphonium

Had your car been parked on the street parallel to the curb, they," the good hands people", would be correct, but this is not the case. You were in a drop off pedestrian area & the other driver is not protected by the law which applies to streets and roads. In your case, the burden of safety is on the other driver and the adjusting supervisor doesn't understand your situation nor the laws and how they are applied. Keep presenting your claim as the office supervisor is just another staff adjuster who has been there longer. Vice President of Claims needs to be aware of your situation by a lengthy and accurate description, including diagrams and photos, of the crash. You need to reach a person in Claims with brains.

stever

Actually the pass at Bogus is just $229, but I didn't want to rub it in too much. . And you're probably right about the Outback, even with the extra $1,000 TMV kicks in for the low miles it's still probably pushing $8,500 in this market.

decisions, decisions....

Steve, Host

debbie8

Thanks for the feedback. I had the feeling the supervisor is simply trying to backup his office mate. The frustration is when something so obvious and logical is turned against you. The insurance company (paid by you) is turning against you and leaving you with the burden of proof. Not enough that my son was almost got hurt they also put the blame on me while giving the other mom a free license to be reckless. Just venting a bit...

euphonium

In your summary of the letter to the V.P. of Claims your verbiage.........

" I have the feeling the supervisor is simply trying to backup his office mate. The frustration is when something so obvious and logical is turned against you. Allstate insurance company is turning against us and leaving us with the burden of proof. Not enough that my son was almost hurt, they also put the blame on me while giving the other mom a free license to be reckless."

How good are the hands I'm in?"

is very appropriate for the VP of Claims to see.

bobst

I agree with you, Deb. I think the other driver is definitely at fault.

If your car is parked parallel to the curb, I think it is reasonable to expect you to see if any cars are coming down the street before opening a door.

Bit when you are parked perpindicular to the curb, you can't even see the cars that might be pulling in next to you. The people pulling in should be more careful. They should be pulling in so slow that they could stop on a dime if your child opens a door.

marsha7

Having been gone for 2 weeks, it is nice to be back...Steve, I probably see the numbers different than you...for the measly $125 collision and more measly $40 for comp, I think it is foolish to drop the coverage...naturally, you are only gambling and insuring risk, but I think it is absolutely worth insuring $6K per car for $60 or $20...the payback is immense...a totaled car, burned, stolen, your $20/$60 will get you a check for $5,000-$6,000...to me it is a no-brainer because of the math...you can afford to buy another car with thousands of $$$, yet it is too expensive to insure for pennies???...if you are asking for feedback, I say keep ins for the immense payback percentage...but, it is your money and your premiums... :shades:

stever

And that's what I did; kept the status quo (at least for another six months or a year).

No help from you Bob, LOL - next time warn me before you take off like that. :-)

Steve, Host

marsha7

I noticed your post followed mine as I logged on tonite...my first thought was, if he is asking for my thoughts, I think I am about 2 weeks too late...oops...sorry...
:shades:

stever

Your fellow members served admirably in your stead; they even think like you do! And it's nice that you reinforced my (changed) decision.

Steve, Host

marsha7

They must be brilliant students of a great teacher...

If they think like me (God save the planet!!!) should I stay around, or pass it off onto one of my "disciples"... :shades: :shades:

euphonium

Some have lots of experience with less formal education while others have lots of education with less experience. Each has a valid base upon which to offer their opinions.

marsha7

I completely agree...kinda like Donald Trump's last Apprentice...street smarts vs book smarts...different approaches to solve the same challenge...

jamin007

I had my first accident last week, nobody got injured but the my car and the other had considerable damage. fault was mine. The other car was a 93 ford something
mine is acura rsx 2005. their car probably needs a new door and i need the bumper replaced, air bags etc.,. will they increase the premium immediately dependiing on the total costs that they incur? I wasn't given any citations eventhough i jumped a red light(not wantedly). any advice is greatly appreciated.

euphonium

Usually premium increases happen on the anniversary date of the renewal. Expect at least a 25% jolt.

mark156

Jamin, what made you jump the red light "not wantedly"?

Wow, you didn't get a ticket? Interesting.

Mark

jamin007

thanks for the advice, well I didn't even look at the Signals it was an empty road. I kinda missed looking at lights, might sound strange but true.

euphonium

Up here in the Great Northwest, WA & OR, there are advance warning signs of a remote traffic signal ahead. Many of the signs have yellow lights flashing when you go by to advise that the signal will be Red by the time you get to the intersection.

yrneh1

I was in an accident involving 3 cars. The first car had a mechanical failure on the wheel and hit a limousine next to it. Then the limo hit my car. Obviously the police came out and took the report and showed that the first car was at fault. Now the problem is that the first car only had 10/30k body and 5k property damage. The first car's insurance company is trying to settle the property damage with my car for only 1k. I have only 6k damage on my car. The limo has about 12k damge. Do I now sue the first car for more money? Do I make claim against the limo for the rest of the money? I haven't even gotten to the bodily injury settlement which includes at least 6k medical bills for my wife and me. Any help would be appreciated.

fordfool

> Now the problem is that the first car only had 10/30k body and 5k property damage.
> I haven't even gotten to the bodily injury settlement which includes at least 6k
> medical bills for my wife and me.

Repair your car and pay for a rental with your collision insurance. Use your
no fault / uninsured / underinsured motorist coverage for medical bills and
anything else covered by bodily liability. Then let your insurance company
handle the reimbursement (subrogation) and your deductible.

marsha7

This is another reason why I am such a stickler for UM insurance, regardless of how many reasons one gives to "save the money on premiums"...in essence, the at fault driver is not uninsured, but quite possibly underinsured...your UM will help you with the difference...it is also why I reco that minimum limts be $50K on liability and UM, better to gave $100K limits...for everyone that says, "this won't happen to me" I hope it doesn't, but it can...

BTW...here in GA, many cops do not issue tickets, which saves them from showing up in court...I do not approve of this...but they will often write on the police report, Driver #1 was at fault for failure to yield...it does establish fault for ins purposes...

cutehumor

Here's what happened, I was stopped at a yield sign to the right, I moved forward a little to see over this tall grass blocking my sight of the intersection. I stopped for oncoming traffic. Then She hit me probably at 5mph. My car was stopped when she hit me and pushed my car 5-10 feet. She was driving a 95 Acura 2.5. My 1992 mitsubishi mirage has scratches on the rear bumper and the reverse tail light is busted. Here's the thing, after the accident. My car makes a loud tapping sound now! Everytime I acclerate on the pedal, this tapping sound. it goes away when I take my foot off the gas pedal. what could it be? will her insurance company pay for my car to get checked out by a mechanic? I haven't ever been in this situation before. any help is appreciated.

euphonium

Her insurance company is obligated to pay for damages to your car.

It is up to you to prove and present what those damages are. In your process of proving damage, any expense to do so is yours, however the cost of repair is the insurance company's.

Had the tapping sound come on without there having been an accident, you would have it checked so don't hesitate. You can always present the diagnostic bill to the insurance company and if they pay it, fine.

rroyce10

.. **it is also why I reco that minimum limts be $50K on liability and UM, better to gave $100K limits...for everyone that says, "this won't happen to me" I hope it doesn't, but it can...**

Excellent point .................................

Terry.

marsha7

You did not state in your post, and I will be flamed for repeating myself, but you DID get a police report of the accident, no matter how minor you thought it might be???...please do not tell us that you just drove away, knowing she would report this to her insurance, who is sitting by just waiting for your call to receive the claim number???

kriya

Hi,

I am about to get my first car, and well I need to shop for an insurance too.. my quandry is this:

I got my drivers license in Oct 2004. Previously, in Jan 2003, I was hit by a car while crossing at an intersection, at a red light. Apart from being rushed to the emergency room, I was slapped with a ticket : failure to yield to moving a vehicle (or something close to that effect) ($75.00).

My question is, do I need to mention this to the insurance company while getting coverage for my car? If I don't, will they find out about it, even though I did not have a drivers license at that point or does it not matter??
Any insight I get will be helpful.

Thanks

mikefm58

I assume you were on foot. If so, I don't believe it would matter since it's your driving record the ins. co. cares about.

abma75

AACIDENT HAPPENED, NOT MY FAULT. I WANT TO KEEP MY VEHICLE. THEIR INSURANCE COMPANY WANTS TO TOTAL IT PAY OFF THE CAR AND KEEP IT. WHAT DO I GET? NOTHING. NO VEHICLE,NO MONEY FOR ANOTHER CAR. THIS WAS MY ONE AND ONLY VEHICLE, SO I AM PUNISHED FOR BEING HIT BY THIS OTHER PERSON. DO I HAVE ANY RECOURSE.

kriya

Yup... I was on foot.
that is a relief to know then!. Thanks

qbrozen

ok ok, please ... take a breath... slow down ... and please stop using all caps as it hurts my eyes.

So you are saying you owe money on this car, they want to pay off the balance of the loan and nothing more?

hmmmm... well, have you spoken with YOUR insurance company? I would get their opinion on the vehicle. Its possible that they would prefer to fix the car instead of totalling it. If that happens, then you merely need to pay your deductible and then your insurance company will go after the other party's insurance company to collect payment for damages AND get your deductible back for you.

Otherwise, if you feel you really want to fix the car and keep it, its possible you could strike a deal where they give you the check for what they think the car is worth, along with the car (which they would SELL to you real cheap), and you go ahead and get it repaired yourself. I've never done this, but I've heard of other folks doing this.

It would help if you gave more details. What kind of car? how old? how long have you owned it? did you put any money down when you bought it?

mtran0905

I was involved in an accident this past Memorial weekend with a guy who has insurance with Allstate. I was pulling into a gas station and was preparing to park when, from my left side where the gas pumps were, this F 250 truck pulls out and t-bones me. We exchanged information, the gas attendant called the police, the guy left, police showed up and gave me a piece of paper with a claim number on it but did not really ask what happened (it was considered private property so I don't think he was that obligated to get information). I called Allstate and filed my claim and for 2 and 1/2 weeks, I only heard from the adjuster ONCE. After that time period I receive a letter stating "I, respectfully decline to make any payment for the following reasons: failure to yield right of way, failure to recognize danger and failure to take evasive action". I mean come on. Clearly the evidence shows he was at fault, I would have stopped if he had already pulled out, and EVASIVE is the opposite of DIRECT so I have no clue why she even said that. I felt that she handled that claim unprofessionally and untimely. I called and left messages several times for her to call but I never heard from her. My next step was to take him to small claims court. Well, I tried to resolve this with him outside the court system by sending him not 1 but 2 notices certified. Each time I received my "green card" (response card from the post office) back unsigned and letter unattached. Without that signature I can not pursue him to court. What can I do to get my $2755???? :mad:

bobst

Mtran, don't expect satisfactory responses from people who do not care about you.

The F250 driver doesn't care about you. Allstate insurance doesn't care about you. Don't expect them to be cooperative.

Your own insurance company cares about you because you pay them to. Contact them and see if they can help.

You know, maybe I shouldn't be giving out such great advice for free. Doesn't Edmunds have a resident savant or guru position I could qualify for? Maybe the High Lama of Car Buying?

As long I get extra keys for my private office. Otherwise, I might lock myself in.

mikefm58

" Each time I received my "green card" (response card from the post office) back unsigned and letter unattached. Without that signature I can not pursue him to court "

Why not? You've made every effort to contact them. Did you call them from your cell phone or another phone where you can get the records? Take them to court with what you already have.

mtran0905

All I have on my end is liability and I have already talked to them. They would not be able to help me because I only have one way now. If I still had full coverage they would cover my expenses and go after that insurance comp. But since I no longer have full coverage...