Did you recently rush to buy a new vehicle before tariff-related price hikes? A reporter is looking to speak with shoppers who felt pressure to act quickly due to expected cost increases; please reach out to PR@Edmunds.com for more details by 4/24.
Thanks all for the good counsel. I will indeed take what has been said and apply it to the situation; it is simply prudent advice. Thanks and have a great day!
Yes...it depends on the company, and they vary somewhat... it is usually when the cost of repairs exceeds a percentage of value, such as 75, 80, or even 85 per cent...so, if your insurnace uses the 82% value, then if a car is worth $20,000, if the repairs exceed $16,400 (82%) they will total it and pay that amount...same car, diff insurance, if they use 80% then that point is $16,000, 85% would be $17,000...I do not know if the percentages are actually publicized for comparison shopping, since if your vehicle suffers extensive damage, the company using the lowest percentage would be the one most likely to total it rather than fix it...
The "choice factor" of choosing the insurance with the lowest "percentage to total" would only work if it is YOUR insurance paying to repair the car and it was your fault or the other driver was uninsured...
In a collision in a "fault state" like Georgia, it is the other guy's insurance that pays for repairs, so you would not, of course, have the ability to choose the other guy's insurance...
One possible loophole is if you have the "better" insurance with the lower percentage, you could use your company to total the car, then they would get reimbursed by the other company...might work...
Bob, Thanks for your info. Maybe a bit more info might help out. My 2006 Honda Odyssey Minivan was struck by a Red-light runner. He is insured.. My vehicle has 3000 miles on the odo and is still very new.. I purchsed the Honda for $33,550.. So far to date for the repairs to get the van back on the road is estimated at $22,000. The estimate is still subject to change. The damage is extensive in so that the front end had to be removed and is being pieced together again.
I would prefer the Honda be totaled out and I be paid back for the van so I can get another one.
The driver is the one at fault so the insurance will be getting back their monies.
Do any of you know what percentage State Farm uses in determining value before considering a total?
Also any way to ask the insurance to consider totaling out the Honda?
Who should be burdened with a new, but wrecked and rebuilt vehicle? When you consider (1) hidden damage, (2)huge car rental bill, & (3)the value of a non injury statement - were I the Claims Manager, I'd offer you a new vehicle less $1,000 on the wrecked one. Diminished Value is also to be figured in on a repair.
..... Sorry to hear about the Mrs, just make sure she gets the top hand surgeon and the best in rehab ....
In the meantime .... the vehicle "was" worth in and around the $29ish range BA (before accident) on a trade .... now, it might "maybe" could be worth the $15/$19ish zipcode range *depending* on the finish work and if everything is OEM parts, no frame damage and the paintwork is puuuuurfect, maybe ...
The bad thing about this type of damage (not including the Mrs) is the body shop is sittin' on the $22 figure ... by the time they get thru the final tear-down and find a this and a that, I have a funny feelin' you'll be staring down the barrel of something closer to $24++ ...
Body shops loooove deals like this ... your on the hook, the vehicle is in pieces and they call the adjustor every other 3rd day and drop another $350 piece, plus the labor at em' ..... I'm going to guess this is already on Carsmack.? ... trying selling that to a dealer or a private party come trade side ...
report the accident. unfortunatley you were negligent by failing to secure your car. the damage to the house and trailer will fall under the liability portion of your policy(preperty damage). the damage to your car will fall under the collision portion. although the damage to the house may appear minor, there could be structural or unseen damage. my point is this, regardless, you want to protect yourself from the potential damages that aren't necessarily obvious. also in your policy you agreed to report, check the insuring agreement section.
a basic idea of the two coverages are as follows:
collision coverage covers damage to your car caused by your car damaging other things. comprehesive is better known as "other than collision" or OTC. it covers damage to your car caused other things damaging your car. they are considered 1st party claims and pay provided a 3rd party is not at fault.
The car should total. There is too much damage to a brand new car for the principles of indemnity to apply. I bet that once the car is torn down, the large supplement, plus diminished value, and at least a month of rental, it will sink. You have so many issues in your favor I cant put them all in a forum, just trust me...it will sink. The company does not want this car to come back to them if at all possible, they want it to total.
I'm sorry but I didn't understand your wife was injured.
Knowing of her injury and to keep control of the claim I would offer you a new vehicle less $1,000 for having had use of your wrecked one.
You can settle the damaged/totaled car separate from your wife's injured hand. If she is a concert pianist, you are going to get the max. Good Luck for a painless and speedy recovery.
" the vehicle "was" worth in and around the $29ish range BA (before accident) on a trade "
Doesn't the ins co use retail value plus sales tax to determine the total value? Then, something like 80% of that figure to determine whether or not to fix it or total it.
That was how it worked when my 96 Jeep Cherokee was rear ended by a drunk driver while we were sitting at a red light, luckily no serious injuries. The Jeep was eventually totalled, but not until they tore it down after first saying they could fix it.
Rogu187, hope you're wife's hand injuries aren't serious. Good luck.
Thanks to all who commented on my wifes hand. She already had the surgery to repair the damage. She'll get the pins removed in another two or so weeks..but the screws will stay in. After that comes the Physical Therapy.
I looked at the van at the shop and saw that they had to remove the entire front end to fix. It looks like something you see at the factory when they build the can..only thing missing is the front section which they are trying to rebuild.
There is no front interior as the dash and everything in front of the foward pillars have been pulled off. Engine's out as is part of the tranny. Wheels are off and eveything is hanging in places like the brake lines.
If you didn't know what you were looking at you would say the shop is building a car for fun.
Everything from the front doors back is still in factory condition.
"Doesn't the ins co use retail value plus sales tax to determine the total value?"
Not all state laws require the inclusion of Sales Tax on a total. However, when repairs are made the law allows the ST. When you have to pay ST on a replacement the laws should be amended to include ST on totals. On the other hand, the claimant can take the insurance check and not replace the vehicle. In not replacing the vehicle there isn't an incurred or earned Sales Tax.
Some state laws allow the pro rating of license fees on totals. All depends on where the crash happened.
Do not settle for your wife's damages until 3-6 months after she is discharged from rehab...sorry about her injuries, but if her hand was shattered and needs recon surgery, she may recover the max from the other carrier...
Also, this is why I recommend that folks carry UM up to $100K, and then add another $1 Million umbrella policy to that...mine costs $120 year...if she loses the use of her hand, or, if it required amputation, and the other guy only had $25-50K liability, it would pay out the max but $50K isn't much for a hand...
For those who think that we attorneys are mercenary, is there ANYBODY out there that does not believe his wife deserves compensation for her possibly permanent hand damage???...and does anyone think that a mere $25 or 50K is enough for the possible loss of use of a hand???...and, if the guy only does have $25K, which covers both medical costs and pain and suffering, can you see why UM and umbrella policies are useful???
For every 20 injuries that are covered by a 5K or 10K policy, there may be one that breaks $100K...how do you know that you will not be that one???...that is why I keep hammering on $100K medpay, $100K UM plus umbrella, rental car insurance (to cover you for a rental while the other company dilly-dallies on processing, your own ins will be quicker)...these things can and do happen, and if you are depending on the other guy to carry enough insurance, you may be left holding quite a large bag...
I just had a client who was infuriated that the other guy had the legal minimum liability, which is $25K in Georgia, as her meds were $18K, so her pain and suffering were virtually uncompensated (he lived in a trailer park, so suing him would be an exercise in futility)...when I asked her how much SHE had in liability, she produced a policy with.......................go ahead, guess................ ...............................yep.............$25K limits...if she wasn't injured, it would be funny.....
I'm new to the site, i have a question regarding auto insurance procedures. I was involved in an auto accident, my van was totalled, no injuries to me, vehicle that hit me driver broke ankle. Briefly, I swerve to avoid a big rig who was stopped in middle of lane 1, when i swerved into lane 2 I noticed a black vehicle straddling lane 3 that was involved in a prior accident by himself, no lights, no flashers nothing, I made it around big rig heading to the edge of bridge, somehow my van turned away from edge and started crossing over lane and into lane 2 when vehicle hit me in drivers side front fender. After I stopped spinning I climbed out of my van and walked over to edge of bridge, i was standing there for at minimum 2 minutes when the big rig I initially swerved to avoid slamming into, passed me by at a crawl pace and parked about 200 feet down the hwy behind where the vehicle that hit my van came to stop. I believe that the big rig would have kept on going if the driver of the car that hit me had not motioned him to stop. No one was cited, DMV did not and has not penalized my driving record any points. The big rig driver lied to police and said he was pulled off on the shoulder, vehicle driver that hit me also had to swerve to avoid big rig. Outcome was that my insurance co AAA had to pay the guy that hit me $17,000 for his vehicle repair and his Dr. bills. Paid me approx. $7.500 for my van being totalled. The most frustrating of all of this is that AAA raised my insurance about $200/mo and said that they were going to inform DMV to attach points to my driving record. In short is this legal to raise my rates when I was not cited for fault, it seems to me that AAA wants to recuperate their payout by raising my rates for 3 years. Oh yeah, DMV has never contacted me regarding this accident which happened 18 months ago. Hopefully someone out there has an answer for me
May be a myth about insurance rates, but is a fact that the police will cite a red car more often than any other, also in accident situations the human eye focuses on certain colors and that color is red.
Regardless of points assessed, if your ins. co. pays out, most likely your rates will be raised. They investigated and based on the evidence ruled that you were liable. I'm not saying it's right, it's just the way it is.
I've never heard of an ins. co. going to the DMV and have points assessed against you, maybe it's specific to your state.
I was under impression no one cited no fault especially when you are trying to avoid a previous accident. OH the DMV never did assess my driving record with any points. That is also a point how can an insurance co raise your rates based on DMV print out that shows clean record, my point is how can they themselves decide i am at fault.
I do not know % before they total, but keep in mind if your vehicle sustains that amount of damage I personally would want vehicle totalled, briefly a friend of mine was in accident their vehicle should have been totalled but by the time repair co. was done (because of hidden problems that surfaced upon repair that was not detected) the insurance co. had too much into it for it to be allowed totalled, his SUV has never been the same,
Gwells, I don't know anyting specific about how car insurance companies work, but I would guess they are like any other business. They can charge any price they want to.
There's no mix up the bill has my vin # on it. I think it has been setting at the shop for 10 days and now the shop mgr realizes that it will be totalled = no $$ for him on repaires. I dont know
The state's insurance commissioner sees to that. All rates have to be filed and reviewed before they can be increased. Some states have "file and use" laws, but the rates are eventually reviewed.
I'm trying really really hard not to make any snap judgements here, but just from what you told me -- and that is your story -- I think you have a major portion of liability here -- cited or not.
It seems that your vehicle, not the semi or any other vehicle was the one careening between all three lanes. It seems that your vehicle was the one out of control -- likely due to the semi being stopped, but hey, it's a semi -- they have a pretty big footprint.
Likely if I understood that from a few sentences that you typed, your insurance carrier thought the same from the statement they took from you and the police report. Often you will not be cited at a scene as you may have done nothing illegal (though usually you'll get a driver inattention or something all encompassing like that) but you likely were at least a contributing negligent party. You should know that cited or not, your carrier can still find you at fault -- in fact, they are likely protecting you from an exposure by doing so.
To that end, they can and will raise your rates -- don't worry though, do the math. It's not like 200.00 a month is going to get them their money back anytime soon. You said they paid out 25.5k for property damage alone -- thats about 10 years of 200.00 a month. Your rates will likey decline far quicker than that.
Also, I've never heard of a carrier filing points with the DMV -- in fact, usually they couldn't care less about what the DMV has on record -- they use what is called a CLUE report -- in addition to the MVR they will pull on you every three years or so. Likewise, the DMV would have no need to contact you either -- unless you have too many prior points on your record and they want to pull your lic. But to be honest, I think you should count your blessings that no one, including yourself, was badly injured.
I have had a recent streak of bad luck. I got into a fender bender back in Jan. It was one those not really my fault but thats how it works kind of deals. According to my agent this accident was not a big deal and I moved from the good driver policy to the normal driver policy (about a $180 a year more).
Unfortunately my bad luck streak has not ended. Last week thanks to a car accident in progress in front of me and an oily road I was forced to lay my motorcycle down. Luckily I was not hurt bad and I did not hit the cars that colided in front of me. However I did about $2,500 damage to my motorcycle.
I was deeply concerned about this so I asked my agent what would happen to my policy if I had 2 claims in a 2 month period? This in itself might be a mistake because such information could be used against me. However I did not know at the time. She called back later in the day and said its hard to say. It goes to a board and several factors come into play. However speaking from experience my motorcycle insurance would be dropped or doubled as would my automobile coverage. Because I have 5 vehicles insured this would be additional $3,700 over a 3 year period. So applying some voodoo economics it would be best to pay this one out of pocket.
However I just can't seem to get over this philosophy. I mean the bike is insured. You get insurance to cover unfortunate circumstances like this so why should I even consider paying out of pocket? Something just does not seem right. I mean why do I even have full coverage if I can't realistically use it? I guess I am stuck between a rock and a hard place.
For now I am planning on paying out of pocket. Is this the correct thing to do?
The auto accident was your fault. Nobody else was at fault.
The motorcycle accident was your fault. Nobody else was at fault.
In every crash, there is fault.
Because you can drive only one vehicle at a time, the most expensive of your five insured vehicles should be surcharged and the other four covered at much lower rates.
In this world of information gathering, how concerned should you be of your employer becoming aware of your driving record?
I hit a light pole with my 1998 Toyota 4 runner. My insurance company came to the conclusion that the vehicle is a total loss. they said they would give me fair market value for the truck, there idea of f.m.v. & mine are thousands of dollars differnce. I owe $5000. more than they are willing to pay. I feel I need to take them to court. Where do I start, what kind of legal assistance should I consult? signed help my insurance is screwing me
fair retail market value 120 thousand miles LTD, 6 cyl, auto, power everything, brand new tires, AM / FM C.D. Stereo w/ removable face, very well taken care of, oil change every 3 thousand miles, just spent $500 on the 100,000 mile tune up, interior perfect. it would have drove another 200,000 easy, well until the pole came between us.
Maybe you have a short attention span... we still need to know whether it's 4wd or 2wd, and where you are.
But I'll bite. IF it's 4wd, the "national" auction average is right at 120k miles -- so that makes it easy -- and the average auction price is $8,100. IOW, $10 is what you need from you insurance co. so you can buy a similar truck, with tax. Plus or minus a grand, this is not an exact science, and location really matters.
If 2WD, it's $7 ,500 at the auction, with the rest scaling appropriately.
BUT: 2WD in Texas is OK; in FL it's just dandy, in MI or MA or any state that sees snow it's the kiss of death; I'd put the difference for a 2wd in those states at nearly $2k.
To put it differently: 2WD in the south is expected, and 4wd gets you less than $1k more when you're selling a 4runner.
In the North, 4wd is expected, and 2wd is a $2k hit, at least in the winter... maybe $1,500 in the spring.
What do you owe on this thing? And: Do you have GAP insurance? 'cuz if you do, you've got nothing to worry about...
You should consult your policy first and foremost ... at least prior to spending any money on legal assistance. It's a real tough road to sue your own insurance carrier over a disputed value -- especially when there is a specific clause for resolving that dispute in your policy.
Get a copy and read it over -- look for an appraisal clause and excercise it. Or .... have you presented other comp vehicles that you've found that are selling higher than their valuation .. note the word "selling." Start there before you work up to the appraisal clause. But again, there is likely in your policy something set aside to specifically deal with this very issue. You would be wasting your money on legal help if you obtained it prior to exhausting all avenues through your own carrier.
One option would be to get your policy info and read it...then you should be able to consult with a lawyer either for a freeby 1/2 hour consultation or even $100 for 1/2 - 1 hour of his time. A lawyer would be able to tell you if you have any basis or not. (We really don't think you have much chance of getting what you owe...you might be able to squeeze some more out of your carrier over their initial offer if you have some documentation of sales of comparable vehicles, but there is only so much value to a vehicle of this vintage.)
Wow! Mathias, are you sure you're looking at '98s? Cause, here in the northeast, that's a $4500-$4800 truck (depending on whether it has a moonroof) without 4WD. 4WD is a $1600 add.
Ah, ya know, maybe its the mileage... I get $8200, as you indicated ... but for 88K miles. The 120k on this truck is a $2k penalty.
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
2k penalty for a Chevy Blazer maybe ... not a 4runner LTD with a "fo by fo" ..... (unless it's been in a terrorist attack) ..
I think where the numbers are getting screwed-up is the guy owes $$ and we haven't yet found out where he lives ...... but I'll be walkin' the floors and staying up late til' we find out ...
that folks think that because they owe more than it is worth, the ins should pay off their debt...this person needs to check out the last 100 posts under "Gap Insurance" and understand just how unprotected (and possibly uninformed) they really are...if the car is worth 10K but you owe 15K on the note, your ins will pay 10K and not a penny more...you now must come up with 5K to pay off your note...it is not unfair, it is simple math...the real underlying problem is that for most folks to afford the payments for the cars they want to drive, they must finance for 5 years or longer, so the vehicle depreciates faster than the loan principal is being paid down, creating, what we call a deficiency...the real answer would be to stop issuing car loans to people with less than 30% down, and do not allow loans to go out longer than 3 years...then, they would save longer and wait until they could afford the higher payment, or just buy the base model for 15K instead of the decked model for 25K...or buy GAP insurance...
As far as 747 pilot goes, I just hope his flying is better than his driving... :P :shades: :):)
Simple answer, I am in slow lane merging from one hwy to another, around a curved entry and on a slight upgrade, vehicle in front of me swerves suddenly to the left (middle lane of 3 lane hwy, I thought why did he do that, then I realized why, semi stopped in lane no blinkers nothing, not typical semi whose back-end is all lit up. He had one taillight on each end of his trailer, I was going no faster than 55, I swerved yes, to the middle lane, then I notice a black car straddling the left lane next to me, also no lights flashing just sitting there from him crashing in to the hwy barrier. Oh by the way this is about 10;00 P.M., no alcohol ( I haven't drank alcohol in over 13 yrs) it was a clear night. I will admit I panicked and stomped on the brakes, trying to handle a van in that situation is quite terrifying, the main point here is I never would have to swerve around semi or the black car that was wrecked from hitting side concrete barrier, why didn't my insurance co. go after them for them being cause to accident? I would have been ok if the car that hit me also did not have to swerve around semi. Also my ability of driving is very good I have been driving since 1966, 2 speeding tickets and those were over 15 yrs ago, have driven all over the U.S. and into Canada in all kinds of inclemental weather without incident........
I'd love to see an accident report on this one ... just for the placement of all of the vehicles.
I think that maybe a good adjuster could argue a certain percentage of liability (small) due to the semi being stopped without dropping flares etc... but the fact still is that you should have seen it prior to the point where you had to swerve hard to miss it, that or you may have been following the party in front of you too closely -- blind curves shouldn't/don't exist for those going 55 mph -- if they do then you have a duty to NOT go 55.
Seriously though, this explanation still tells me that your vehicle was the one that lost control -- why didnt the car in front of you strike any other vehicles?
In pretty much all cases like this that I've heard about, it's the last one that ends up being judged at fault. The age old argument is that you were following too close. Why weren't any cars behind you involved? Maybe they allowed enough distance. I know you said it happenned at 10 PM so probably there weren't too many cars around.
But that's just they way I've seen things go, the last one pays.
I agree with the others, but on another note, telling us you had nothing to drink (alcohol) is important for that night...the fact that you had nothing to drink for 13 years is rather extraneous...
interesting. This is one of those cases, I guess, where Galves fails. Unfortunately, if I was trading that truck here in jersey, my experience tells me that I would only get offered Galves value at 9/10 dealerships. Ouch!
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
On October 2005 I purchased a Honda Accord 2005 EX. Repairperson from dealership picked up my vehicle for a routine maintenance and had an accident, with estimated damages of 6K. My question is: should the dealership replace my car due to the fact that it was not my responsibility?
Fornos, I'm not in the insurance business so I'm not sure how much clout you would have on getting them to replace your car but I would want a new car.
If the dealership was of the "highest caliber", I would hope to think they would offer you a buy-out and put you in a 2006 EX at very, very attractive price. It might cost you a few bucks to move into a 2006 Honda but I would be willing to pay it so that I wouldn't be driving a wrecked new car.
I would think they have no obligation to do anything but fix your car and put it back in the condition before the accident.
Good luck and keep us posted on what happens.
Mark
2010 Land Rover LR4, 2013 Honda CR-V, 2009 Bentley GTC, 1990 MB 500SL, 2001 MB S500, 2007 Lincoln TC, 1964 RR Silver Cloud III, 1995 MB E320 Cab., 2015 Prevost Liberty Coach
Comments
Use five year old paint."
Is there a numerical value to the dollar ratio?
The "choice factor" of choosing the insurance with the lowest "percentage to total" would only work if it is YOUR insurance paying to repair the car and it was your fault or the other driver was uninsured...
In a collision in a "fault state" like Georgia, it is the other guy's insurance that pays for repairs, so you would not, of course, have the ability to choose the other guy's insurance...
One possible loophole is if you have the "better" insurance with the lower percentage, you could use your company to total the car, then they would get reimbursed by the other company...might work...
Hope that helps...
Bob
Thanks for your info.
Maybe a bit more info might help out.
My 2006 Honda Odyssey Minivan was struck by a Red-light runner.
He is insured..
My vehicle has 3000 miles on the odo and is still very new..
I purchsed the Honda for $33,550..
So far to date for the repairs to get the van back on the road is estimated at $22,000. The estimate is still subject to change.
The damage is extensive in so that the front end had to be removed and is being pieced together again.
I would prefer the Honda be totaled out and I be paid back for the van so I can get another one.
The driver is the one at fault so the insurance will be getting back their monies.
Do any of you know what percentage State Farm uses in determining value before considering a total?
Also any way to ask the insurance to consider totaling out the Honda?
Thanks
Larry
Which model...?
Terry.
Sky blue and with 3000 miles.
Larry
"I'd offer you a new vehicle less $1,000 on the wrecked one."
Also in the accident my wife was injured and reqired emergency surgery to fix her shattered hand.
Sorry but I've never dealt with insurance in this great a manner.
Larry
In the meantime .... the vehicle "was" worth in and around the $29ish range BA (before accident) on a trade .... now, it might "maybe" could be worth the $15/$19ish zipcode range *depending* on the finish work and if everything is OEM parts, no frame damage and the paintwork is puuuuurfect, maybe ...
The bad thing about this type of damage (not including the Mrs) is the body shop is sittin' on the $22 figure ... by the time they get thru the final tear-down and find a this and a that, I have a funny feelin' you'll be staring down the barrel of something closer to $24++ ...
Body shops loooove deals like this ... your on the hook, the vehicle is in pieces and they call the adjustor every other 3rd day and drop another $350 piece, plus the labor at em' ..... I'm going to guess this is already on Carsmack.? ... trying selling that to a dealer or a private party come trade side ...
Can we spell - Total .....?
Terry
a basic idea of the two coverages are as follows:
collision coverage covers damage to your car caused by your car damaging other things. comprehesive is better known as "other than collision" or OTC. it covers damage to your car caused other things damaging your car. they are considered 1st party claims and pay provided a 3rd party is not at fault.
Keep me posted on your progress!
Knowing of her injury and to keep control of the claim I would offer you a new vehicle less $1,000 for having had use of your wrecked one.
You can settle the damaged/totaled car separate from your wife's injured hand. If she is a concert pianist, you are going to get the max. Good Luck for a painless and speedy recovery.
Doesn't the ins co use retail value plus sales tax to determine the total value? Then, something like 80% of that figure to determine whether or not to fix it or total it.
That was how it worked when my 96 Jeep Cherokee was rear ended by a drunk driver while we were sitting at a red light, luckily no serious injuries. The Jeep was eventually totalled, but not until they tore it down after first saying they could fix it.
Rogu187, hope you're wife's hand injuries aren't serious. Good luck.
She already had the surgery to repair the damage.
She'll get the pins removed in another two or so weeks..but the screws will stay in.
After that comes the Physical Therapy.
I looked at the van at the shop and saw that they had to remove the entire front end to fix.
It looks like something you see at the factory when they build the can..only thing missing is the front section which they are trying to rebuild.
There is no front interior as the dash and everything in front of the foward pillars have been pulled off.
Engine's out as is part of the tranny.
Wheels are off and eveything is hanging in places like the brake lines.
If you didn't know what you were looking at you would say the shop is building a car for fun.
Everything from the front doors back is still in factory condition.
Thank goodness they build those van solid.
Larry
Not all state laws require the inclusion of Sales Tax on a total. However, when repairs are made the law allows the ST. When you have to pay ST on a replacement the laws should be amended to include ST on totals. On the other hand, the claimant can take the insurance check and not replace the vehicle. In not replacing the vehicle there isn't an incurred or earned Sales Tax.
Some state laws allow the pro rating of license fees on totals. All depends on where the crash happened.
Also, this is why I recommend that folks carry UM up to $100K, and then add another $1 Million umbrella policy to that...mine costs $120 year...if she loses the use of her hand, or, if it required amputation, and the other guy only had $25-50K liability, it would pay out the max but $50K isn't much for a hand...
For those who think that we attorneys are mercenary, is there ANYBODY out there that does not believe his wife deserves compensation for her possibly permanent hand damage???...and does anyone think that a mere $25 or 50K is enough for the possible loss of use of a hand???...and, if the guy only does have $25K, which covers both medical costs and pain and suffering, can you see why UM and umbrella policies are useful???
For every 20 injuries that are covered by a 5K or 10K policy, there may be one that breaks $100K...how do you know that you will not be that one???...that is why I keep hammering on $100K medpay, $100K UM plus umbrella, rental car insurance (to cover you for a rental while the other company dilly-dallies on processing, your own ins will be quicker)...these things can and do happen, and if you are depending on the other guy to carry enough insurance, you may be left holding quite a large bag...
I just had a client who was infuriated that the other guy had the legal minimum liability, which is $25K in Georgia, as her meds were $18K, so her pain and suffering were virtually uncompensated (he lived in a trailer park, so suing him would be an exercise in futility)...when I asked her how much SHE had in liability, she produced a policy with.......................go ahead, guess................
...............................yep.............$25K limits...if she wasn't injured, it would be funny.....
Bob
I've never heard of an ins. co. going to the DMV and have points assessed against you, maybe it's specific to your state.
OH the DMV never did assess my driving record with any points. That is also a point how can an insurance co raise your rates based on DMV print out that shows clean record, my point is how can they themselves decide i am at fault.
The state's insurance commissioner sees to that. All rates have to be filed and reviewed before they can be increased. Some states have "file and use" laws, but the rates are eventually reviewed.
Competition is the best factor in pricing rates.
Nah, that wouldn't be any fun
It seems that your vehicle, not the semi or any other vehicle was the one careening between all three lanes. It seems that your vehicle was the one out of control -- likely due to the semi being stopped, but hey, it's a semi -- they have a pretty big footprint.
Likely if I understood that from a few sentences that you typed, your insurance carrier thought the same from the statement they took from you and the police report. Often you will not be cited at a scene as you may have done nothing illegal (though usually you'll get a driver inattention or something all encompassing like that) but you likely were at least a contributing negligent party. You should know that cited or not, your carrier can still find you at fault -- in fact, they are likely protecting you from an exposure by doing so.
To that end, they can and will raise your rates -- don't worry though, do the math. It's not like 200.00 a month is going to get them their money back anytime soon. You said they paid out 25.5k for property damage alone -- thats about 10 years of 200.00 a month. Your rates will likey decline far quicker than that.
Also, I've never heard of a carrier filing points with the DMV -- in fact, usually they couldn't care less about what the DMV has on record -- they use what is called a CLUE report -- in addition to the MVR they will pull on you every three years or so. Likewise, the DMV would have no need to contact you either -- unless you have too many prior points on your record and they want to pull your lic. But to be honest, I think you should count your blessings that no one, including yourself, was badly injured.
Why don't you ask AAA why they paid out on your negligent behalf? You don't have to be given a ticket to be at fault. You just have to be lucky.
My question: Why did you not simply come to a controlled stop? All of your bobbing and weaving suggests driving too fast for your ability.
Unfortunately my bad luck streak has not ended. Last week thanks to a car accident in progress in front of me and an oily road I was forced to lay my motorcycle down. Luckily I was not hurt bad and I did not hit the cars that colided in front of me. However I did about $2,500 damage to my motorcycle.
I was deeply concerned about this so I asked my agent what would happen to my policy if I had 2 claims in a 2 month period? This in itself might be a mistake because such information could be used against me. However I did not know at the time. She called back later in the day and said its hard to say. It goes to a board and several factors come into play. However speaking from experience my motorcycle insurance would be dropped or doubled as would my automobile coverage. Because I have 5 vehicles insured this would be additional $3,700 over a 3 year period. So applying some voodoo economics it would be best to pay this one out of pocket.
However I just can't seem to get over this philosophy. I mean the bike is insured. You get insurance to cover unfortunate circumstances like this so why should I even consider paying out of pocket? Something just does not seem right. I mean why do I even have full coverage if I can't realistically use it? I guess I am stuck between a rock and a hard place.
For now I am planning on paying out of pocket. Is this the correct thing to do?
I also agree with your assessment of why you have insurance ... there just is no good answer. Its legal extortion, plain and simple.
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
The motorcycle accident was your fault. Nobody else was at fault.
In every crash, there is fault.
Because you can drive only one vehicle at a time, the most expensive of your five insured vehicles should be surcharged and the other four covered at much lower rates.
In this world of information gathering, how concerned should you be of your employer becoming aware of your driving record?
what are all the details of your truck? (miles, LTD or SR5 or base, 4cyl or 6cyl, auto or stick, options, etc)
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
Where in the insurance policy does it say, "Settlement will include any balance due (on a loan)regardless of TMV."
Just because you are upside down in financing doesn't command the insurance company to be sympathetic.
You WILL pay off your debt after settling with the company for TMV.
120 thousand miles LTD, 6 cyl, auto, power everything, brand new tires, AM / FM C.D. Stereo w/ removable face, very well taken care of, oil change every 3 thousand miles, just spent $500 on the 100,000 mile tune up, interior perfect. it would have drove another 200,000 easy, well until the pole came between us.
But I'll bite.
IF it's 4wd, the "national" auction average is right at 120k miles -- so that makes it easy -- and the average auction price is $8,100. IOW, $10 is what you need from you insurance co. so you can buy a similar truck, with tax. Plus or minus a grand, this is not an exact science, and location really matters.
If 2WD, it's $7 ,500 at the auction, with the rest scaling appropriately.
BUT: 2WD in Texas is OK; in FL it's just dandy, in MI or MA or any state that sees snow it's the kiss of death; I'd put the difference for a 2wd in those states at nearly $2k.
To put it differently: 2WD in the south is expected, and 4wd gets you less than $1k more when you're selling a 4runner.
In the North, 4wd is expected, and 2wd is a $2k hit, at least in the winter... maybe $1,500 in the spring.
What do you owe on this thing?
And: Do you have GAP insurance? 'cuz if you do, you've got nothing to worry about...
-Mathias
Get a copy and read it over -- look for an appraisal clause and excercise it. Or .... have you presented other comp vehicles that you've found that are selling higher than their valuation .. note the word "selling." Start there before you work up to the appraisal clause. But again, there is likely in your policy something set aside to specifically deal with this very issue. You would be wasting your money on legal help if you obtained it prior to exhausting all avenues through your own carrier.
Ah, ya know, maybe its the mileage... I get $8200, as you indicated ... but for 88K miles. The 120k on this truck is a $2k penalty.
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
2k penalty for a Chevy Blazer maybe ... not a 4runner LTD with a "fo by fo" ..... (unless it's been in a terrorist attack) ..
I think where the numbers are getting screwed-up is the guy owes $$ and we haven't yet found out where he lives ...... but I'll be walkin' the floors and staying up late til' we find out ...
Terry. :shades:
As far as 747 pilot goes, I just hope his flying is better than his driving... :P
Oh by the way this is about 10;00 P.M., no alcohol ( I haven't drank alcohol in over 13 yrs) it was a clear night. I will admit I panicked and stomped on the brakes, trying to handle a van in that situation is quite terrifying, the main point here is I never would have to swerve around semi or the black car that was wrecked from hitting side concrete barrier, why didn't my insurance co. go after them for them being cause to accident? I would have been ok if the car that hit me also did not have to swerve around semi. Also my ability of driving is very good I have been driving since 1966, 2 speeding tickets and those were over 15 yrs ago, have driven all over the U.S. and into Canada in all kinds of inclemental weather without incident........
I think that maybe a good adjuster could argue a certain percentage of liability (small) due to the semi being stopped without dropping flares etc... but the fact still is that you should have seen it prior to the point where you had to swerve hard to miss it, that or you may have been following the party in front of you too closely -- blind curves shouldn't/don't exist for those going 55 mph -- if they do then you have a duty to NOT go 55.
Seriously though, this explanation still tells me that your vehicle was the one that lost control -- why didnt the car in front of you strike any other vehicles?
But that's just they way I've seen things go, the last one pays.
2014 Malibu 2LT, 2015 Cruze 2LT,
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
Repairperson from dealership picked up my vehicle for a routine maintenance and had an accident, with estimated damages of 6K.
My question is: should the dealership replace my car due to the fact that it was not my responsibility?
If the dealership was of the "highest caliber", I would hope to think they would offer you a buy-out and put you in a 2006 EX at very, very attractive price. It might cost you a few bucks to move into a 2006 Honda but I would be willing to pay it so that I wouldn't be driving a wrecked new car.
I would think they have no obligation to do anything but fix your car and put it back in the condition before the accident.
Good luck and keep us posted on what happens.
Mark