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You said "I had the green light,I was on the main road..so it doesnt matter if I was on the outside lane or if I was going 20mph or 120mph.."
Trust me when I say that it DOES MATTER very much if you were going 20 mph or 120 mph. I cannot stress this enough -- if you were not going 120 please do not state this to any party involved in the claim.
Also, I know someone said something about the waving party being at fault - I've never heard such a thing, and I would be quite doubtful that this would hold up in any respectable court. You should begin moving forward through your own carrier -- I missed whether you car was driveable or not, if not, you need to move asap to mitigate your damages. As for your meds, I know it wont help much now, but read the extensive opinions on Medpay from Bob -- it may help in the future.
My final two cents -- This is why a certain named carrier here has very subpar service and, IMHO, risks a bad-faith lawsuit at nearly every corner. Having an agent run interference for the claim only exaggerates the frustration, exposure, and risk involved in claims like this. Personally, I think everytime an agent advises someone that they can't even "file" the claim until they've contacted their insured the other party should just file suit -- literally that day. (and that pains me soooo much to say.)
i apologize, truly, but the issue of the report and the lengthy delay before it is ready, and the fact you didn't get a case number.... something isn't adding up in my mind.
As far as waving someone thru multiple lanes, usually the one crossing the lanes is cited for failure to yield, simply because when the one in the center lane waves you on, they cannot be charged with knowing what was happening in the lane to their right, with the exception of malicious intent, which might be hard to prove...
I also live in Atlanta, and police routinely tell folks to allow 5 days before a report is ready...I always tell them to call in 2-3 days and half the time it is ready, but I have yet to see one available in just one day...BUT I CAN ALWAYS HOPE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I based that comment on two things:
1). In 1998 my father was in an accident similar to this one. He was attempting to cross two lanes of oncoming traffic from a driveway. A driver stopped in the right lane and waved him out. My father pulled out and was T-boned by a woman in the left lane. $8000 worth of damage to his Buick with 500 miles on it. She sued him for $1 million because she chipped a tooth.
During the litigation his lawyer asked if there was any info on the waver because in NY such people could be found to be partially at fault. I think this is called "Joint and Several Liability". This was never an issue in his case because he left the scene and was never identified.
2). I'm a school bus driver in NY state and we are very paranoid about lawsuits because schools have deep pockets.
As part of our training we are told never to wave people out or in any way direct traffic because we could be held liable in the event of an accident.
All this may be moot for the matter at hand since this motorist doesn't live in a state run by and for lawyers.
2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible
"All this may be moot for the matter at hand since this motorist doesn't live in a state run by and for lawyers."
In addition I had a very comprehensive post typed in regarding joint and several and managed to delete the entire thing -- so now the abbeviated version.
You are right -- I can see a crazy jury in NY assessing a minute percentage of liability upon a "waving" party -- thereby allowing the woman who struck you father to collect from them as well. You see, "joint and several" (which is beginning to dissappear in its true abhorrent form) allows an innocent or mostly innocent third party to collect all damages from their choice of any number of comparatively negligent other parties. In this case, if the "waving" party had deep pockets or was say a school district and your father had say, 10k limits, they could potentially be awarded a million in damages and while your father would owe 990k they could collect all million from the school district and make the district attempt to collect from your father (which would likely end up in a little or no collection.)
Personally I think this is about the worst form of legal rape there is, and thankfully more and more states are beginning to realize this.
There's the short version ... lesson being, joint and several sucks, don't wave people through, and a jury of your peers can just show you how greedy people can truly be.
Obviously I am not at fault in this accident, nor do I think that I can be found even partially responsible as I was not moving or in any way a factor in the two vehicles colliding. Just a case of being in the wrong place at the wrong time.
But now I feel that once the car is repaired that it will have a heavy depreciated value as the frame was bent in the accident. I know that I wouldn't buy the vehicle if I saw in CarFax that it had the frame bent, so why would any other potential buyer?
Even though the body shop says that they will fix the car "as good as new" I feel that the other vehicle's insurance carriers should compensate me for the financial depreciation caused by their clients. So here are my questions:
How can I determine how much my vehicle has depreciated due to this accident?
Should I pursue being reimbursed for the depreciation with the other insurance companies?
If so, should I add a factor in the settlement for any future problems that is associated with a vehicle that suffers a bent frame (constant alignments, tires having to be replaced more often, etc)?
Thank you in advance for your help!
Suggest you contact the used car department at several dealers (preferably Toyota), and outline your scenario. Hard to say if anyone will go on record but it can't hurt.
You can't collect damages based on mere speculation about possible future problems. Besides, your car doesn't have a frame as it is of unibody construction.
Here is a link that tells what happened state by state when it went to court.
link title
a). be able to determine exactly how they arrived at what they agree to.
b). have it be close to the actual hit or loss of value of the vehicle.
i can say that after having 10K damage to a honda accord, it actually drove better post-repair than before my accident. but i consider this an exception rather than the norm.
i presume you are having the work done at the dealership with OEM parts. i would demand that
1). you be provided very detailed records as to what is done
2). if you believe there is any chance of alignment / suspension issues, they guarentee you they will make you 100% satisfied.
3). the work be warrented for at least the same duration of the original parts re: rust through / paint, parts life. ask them for specifics, and compare to the original warranty on the new vehicle.
i would insist the other insurance provide you an extended warranty from toyota.
if you have any problem with the repairs (if it's noisy, tracking / alignment, steering / shifting etc), i would see to it that they put lots of $$$ into further repair, and if not, that they total it out.
perhaps this is unrealistic, but you should be 100% satisfied in the repairs and that they've returned it to brand new condition.
good luck.
Do lawyers really talk like that? I needed a lawyer just to read that!
2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible
About a week after I got my car back the check engine light came on. Not connecting it to the accident I took it to my regular shop. Result: $250 for a cracked "Evaporation Control Canister".
I asked the shop if the accident could have caused this and they said it was possible so I called the Progressive adjuster. I was expecting a hard time.
To my surprise, the guy said "OK, maybe we missed it." I'll be over tomorrow to take some pics"
Short time later I get a check for the full amount. I may switch to Progressive.
2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible
OK, OK, it was only a joke!!!!!!!!!!!!!!!!!!...Don't look at me like that, it makes me cringe.............:):):):):)
That's a tough one. Trying to win an argument with your wife who's also a lawyer! I would bet you've never won an argument. I know I haven't, and my wife is not a lawyer.
2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible
FACTS:
A. Victim, not a minor, was a passenger in a single car accident. Host driver, not a minor, who is unrelated to victim and is not a member of victim's household, was negligent.
B. Victim's injuries were severe; driver's Bodily Injury Liability coverage limits (Company X) were inadequate to fully compensate victim. No money collected yet by victim.
C. Driver's med pay limits only equal to 20% of victim's medical charges. Med pay limits have been offered but not yet paid to victim.
D. Victim owns an insured car and has Underinsured Motorist coverage (Company Y) which is arguably inadequate to fully compensate victim, even when added to driver's Bodily Injury Liability coverage limits. No money recovered yet by victim.
E. Victim's own car insurance policy has no med pay coverage.
F. Victim lives in parents' house.
G. Victim's parents have Underinsured Motorist coverage...
H. ...AND Med Pay coverage (Company Z) on parents' cars, which are not driven by victim.
I. Victim's health insurance coverage (Company HIC), which premium is half paid by employer/half by victim, has paid victim's medical charges except for co-pays and deductibles paid by victim.
J. Victim's health insurance company pays medical providers contracted amounts for services which are much less than amounts normally charged without the contract.
QUESTIONS:
If health insurance is trying to assert a claim for reimbursement of all medical charges on which it has paid for victim's medical care, should victim be required to repay (and from which recovery) if:
1. Victim accepts policy limit from driver's insurance company BUT the victim and company agree in writing that the policy limit is inadequate to fully compensate victim even for his pain and suffering alone (not including ANY medical bills) and that the policy limit is paid only as partial compensation for victim's pain and suffering?
2. Victim, as a first party insured under the policy, collects Med Pay benefits from driver's policy?
3. Victim, as a first party insured under the policy, collects Med Pay benefits from parents' policy?
4. Victim, as a first party insured under the policy, collects Underinsured Motorist Coverage benefits from victim's own policy?
5. Victim, as a first party insured under the policy, collects Underinsured Motorist Coverage benefits from parents' policy?
Also, if health insurance company (HIC) is entitled to any reimbursement from victim, would it be based on the reduced contract amounts paid or on the regular charges for medical care?
Also, would it make any difference on the value of the Bodily Injury claim and/or the Underinsured Motorist claim if the driver was drunk and/or left the scene at the time of the accident? If so, which one(s) and how much?
Such cases are not necessarily applicable where there is a claim against another driver.
(a) the "victim's" car insurance probably only covers his expenses if he or she is driving in his or her own car. The policy he or she paid for should spell that out.
(b) the cost of medical care the patient received is the patient's responsibility and insurance or the lack thereof does not diminish his or her obligation to the medical service provider.
You may want to seek legal advice.
tidester, host
SUVs and Smart Shopper
That would be contained in the last sentence of my previous reply.
Best wishes.
tidester, host
SUVs and Smart Shopper
.....Sheesh......
As far as joe131's original question I would suspect that the victim's health insurance would pay all bills after the driver's policy limits are reached. As to pain and suffering, I would talk to a lawyer. If the driver was a kid in his own car I'd say you may be out of luck. If he/she was driving dad's car and dad has deep pockets you may be OK.
There was also some mention of medical bills being paid at different rates by different groups. This is true. A recent study found that if you pay medical bills out of your own pocket you will be charged up to 300% more than the insurance company pays. In this case it might be better to let the various insurance companies pay the bills (if possible) and then make any reimbursements at their lower rate.
Bottom line, talk to a lawyer.
2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible
There could also be victims on here who have been in similar circumstances, right?
Sure would be nice if we had a 50-state team, eh? Thanks to everyone who tried to help, and as always to those who DO have insurance/legal expertise who pass on valuable advice.
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Our car, 2006 Pilot, bought new Aug 2006 and with about15000 miles, was rear-ended at a red light of a freeway entrance in LA, CA. It was completely the other part's fault. Furthermore, the other part admit on the spot that he was uninsured and his car was borrowed. So, currently I am not sure whether the driver was uninsured, or the car was uninsured, or both. The police was called and arrived. But we have not seen the police report yet. No person was injured. I took bunch of photos using my wife's cell phone. Personal information was exchanged on the spot.
More twists:
a) The other part (driver license) is from AK and the car from AK as well. He temporally lived in Hollywood, as a band player. Basically, he is a poor.
b) Our Pilot is currently registered in CO, from where we just moved to CA.
Maybe a mistake has been made---I made him to write statement on this accident, literally as follows:
Apr 27, 2007
I (XXX) will pay $1500 to xxx(me) and xxx(my wife) for the repair of your vechicle (xxxx, my name again) for the accident that occurred on this date in Los Angeles, CA on the xxx entrence of xxx(high way).
Both parts signed, and one of his friends signed as witness.
Our car is insured with Amica with comprehensive (deductible $2000) and UM personal injure, but no UM property damage.
We filed the claim to Amica and appraisal arrived three days later. It is estimated around $6500. The car is in a car shop of our choice now.
Here is a couple of questions:
1) As far as I understand, the signed written statement could be used against us, according to my understanding, right? If yes, how severely could the statement be used to against us if we/our insurance go to court and sue him?
2) I was originally told by our case-handler in Amica that the deductible can be waived since it is not our fault and the other party is uninsured, according to an endorsement to the Amica/CA policy. But later, she told me that this deductible-waiver does not apply to us because we are insured with Amica/CO policy, which has no such endorsement. Can I get the deductible-waiver from Amica?
3) Can I claim "diminished value" (The car is never the same, resale value is plummeted) ? Who should I make the claim to? The case-handler in Amica told me California law does not acknowledge the "diminished value claim". But my policy is of CO---It seems that courts of CO do acknowledge ``diminished value claim". Can I get the diminished value claim or not? how?
4) Should I sue (possibly with our insurance co) the guy and get more money, for the diminshed value, car rental, etc, from him? Does it worth?
Please advise!
Thanks.
First, you said: "a) The other part (driver license) is from AK and the car from AK as well. He temporally lived in Hollywood, as a band player. Basically, he is a poor."
My first inclination is that you may be making snap judgements because he has Alaska plates and is only temporariliy in Hollywood -- that being said, sometimes if it walks like a duck. But if what you say is indeed true, he is likely judgement proof and to sue him would be fruitless and only cost you more money and frustration. It's pretty hard to garnish someones wages when they really don't have any.
You also said: "4) Should I sue (possibly with our insurance co) the guy and get more money, for the diminshed value, car rental, etc, from him? Does it worth?"
I doubt your insurance company will sue him for 6.5k, especially if they feel he has no assests either. In addition, they cannot sue him for DOV or car rental (unless they paid you for either), or actually even your deductible, unless they waived the same. They have no legal right, and they know that. That being said, you can sue for these damages, but you'll pretty much need to prove actual damages for these -- and he'll need to have assests for you to recover any judgement agaist him.
I think you may have been in the wrong place at the wrong time and likely will suffer some loss due to this. I'm sorry, it pretty much sucks to be there I know. My best advice is to try to mitigate your damages, utilize all of the coverage your carrier can and will provide and be glad that you aren't the poor guy trying to make a living in a band. Best of luck to you.
It seems that we may have to swallow the $2000 deductible by ourselves and forget about the DOV/car rental. Our policy with Amica does provide $20/day car rental compensation.
Hope our car will be well fixed. I feel that our car has no structure damage---his speed is about 30-35. He swirled his car before it hits ours, and hence all the damage is one the passage side of the rear-end, including bump, tail-gate, lamp, etc...
Life sometimes sucks, we have to get used to it.
Thank you again.
That is what the bodyshop manager told me. My car is FAR from ready..and it looks so bad right now..I dont know how they will EVER get it dust free inside again,let alone make it look like a blue Aveo again, but he promises they do it all the time. They even had to take off my VentVisors for the windows. Well now they only come in the kind that go up IN the window channel..which is fine by me. BUT I had the ones that got stuck on the outside. So he told me if the 'in the channel' ones turn up, that he ordered,then they will have to remove the others from the other side of the car,they have to make it match. AND charge that woman/guy, for the extra time to replace them and get all that adhesive off of the outside. I have a rental. I went with a new Aveo..it has only 400 miles on it! A Vette wasnt available...and it costs $175 a day! I had $55 to work with. And they only had an Aveo ready,so I took it. It's A 2007 Aveo 5, so now THEY are paying for EVERYTHING,including the rental,for maybe 5 more days:), and the graphics kit for my car, $250, because of the little piece she damaged, they had to buy the entire kit, and I am having most of it professional installed while it is in the shop,they have to pay for it! So my car will look like it is moving while standing still. I had like 5% of that kit in my car. Now I will have 60% of the kit on the car. It was meant for a Ford Ranger. It is that big and complicated. But the installer is VERY experienced...and he installed it on my old Ranger before. So I said I want it put back on...he has an artist eye. Just make it look like an adult drives it..not a 16yo with his first junker car!
But isnt it interesting that certain accessory parts are made only for Canada! I have seen 9 pairs on EBay right now..for $90, all from Maine...right next to Canada! So we in the USA don't deserve a 'ding free car' I guess. But my Aveo stood out. No one has them except me...in Fla. NOW if you all buy them from EBay...you will have them...or go to your dealer and insist on a pair from GM Canada. It makes the car look wider and you dont get door dings! Didn't stop a truck from smashing my side in...but no door dings on those flat doors of our Aveos. gives it a good look...makes it stand out, not as 'common' as all the other Aveos in town. so it looks like 3-5 more days before I get teh car back..after Monday, when they start working again,after today. And until that inside is spotless and dust free..I am not signing for it..and if they have to steam clean it to get rid of the dust..then so be it..THEY can pay for it. She caused the accident,and the bodyshop is dusty and half of the dust is inside MY car!
sale tax reimbursement agreement" which say that they only pay the taxes for the car if/or when I buy a new car (they say they will pay taxes only for one car but, what if I buy a $500 car, will I loss the rest of the money?)
So what I want to know is, if they are right or if there is any way to get the sale taxes money together with the settlement check.
Thanks.
Think of it this way, like a business expense: If you turn in a travel reimbursement request to a business for an airfare with an actual cost of $500, they are not going to give you $800 just because you could have potentially spent $800 going somewhere else. You didn't go somewhere else, and you didn't spend $800.
If this is your insurance company, you would ultimately raise your own premiums by trying to get additional money.
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So yes, if you buy a cheaper car and they only pay the tax on it, then you will never be able to collect all that you could have collected. But, since that extra tax money just goes to the government anyway, you really did not lose any $$ at all, that is, until if and when you later buy a more expensive car and your company refuses then to pay any of the tax on its purchase.
So yeah, you are going to lose money after all, unless you buy a similar value car to the one that was totalled.
For instance, if you are being paid for an injury including pain and suffering, then there is no set amount to the value of your claim. Pain and suffering is not an actual incurred expense and yet you can be paid for it.
but on a serious note, if you had significant damage, make sure you have had them road test it before you go down there. then - make sure you road test it, and that means at high highway speeds, and over rough pavement. you want to make sure there are no rattles, pulls, vibration, etc.
dust you can deal with. a car that didn't rattle, pull or vibrate, that now has a problem isn't returning it to pre- accident condition.
Not out price
And while I'm glad things are being taken care of, you are talking about an Aveo correct?
howard stern? oh good gosh no. i mean, you're welcome to your opinion, and he to his freedom of speech; one reason why my family doesn't have cable or satellite or digital radio / sattelite radio is there's all these stations with such poor signal to noise ratios. what redeeming / meaningful value is there in all that junk your being provided with?
here's hoping for a silent post-repairs experience. :shades:
The alignment and rebalancing is standard so I'm sure that will be done. But you seem to have a vendetta and are trying to increase the bill to the other ins co just for the sake of increasing the bill. I hope you don't give them that impression like you are here. I know you're upset with the other party, but doing "anything to up the bill" will get you nowhere with the ins co like a previous poster has already stated.