By the next day?! I dont know where you live..but my insurance company says it could take up to two weeks to get a report! Broward county is a big place..lots of crimes and accidents...it isnt a 400 person town. I have called and no report yet. If i go in person ...if it isnt ready...it isnt ready. So why go? I am hoping it will be ready tomorrow. I am in the right and cant wait to shove that cows face in the dirt...and then sue her for every cent I can get! and the idiot that owns the truck! All I got was a 'short form report' no card ,I dont even have the cops name! I was in such shock I forgot to get most everything. BUT at least I rememebered to get a report written up...now it is a waiting game!
I'm no lawyer and I don't have your pain. You may blowing off steam with some of your comments "spit in her face" and "shove that cow's face in the dirt" come to mind. Like I said, I'm no lawyer, but I've found that remaining cool, calm, and collective in several small claims courts has helped me win my cases. Be professional (no matter what you think of the liar), be polite, always address the judge, ignore anything she or her rep might say to you unless your lawyer or an official directs you to respond. Give her enough rope and she will hang herself. Take notes of anything she or her rep might say that's false and use your evidence to prove her a liar. If you're normally not this aggressive, let your doctor know. Good luck!
I know you're hurting and upset -- The other party and the delays caused by the PD should be your primary points of frustration right now. But I felt this pertinent if you have to make any further statements.
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.)
Oh absolutely. I am just venting in a safe place. I was raised to be a gentleman by a wonderful woman. And would never say this to a womans face. I would call her a liar, and say 'I told you so!...thats about it. I intend to let my lawyer and my side of State Farm handle it. I just know that I will get screw-- somehow in the end. It always happens. Just like a drunk doesnt get hurt in an accident,yet he kills 5 people. I am just driving along and BOOM I get hit and yet she is blaming me and I hit HER. Now I have to wait for that darn police report that says on it. SHE did it. Then HER side can be told..'I told you so!.' I'm just venting. I wouldnt give HER any ammo against me..I am not that dumb. I am VERY careful when and if I talk to that side. Luckily,I dont have to now...since they blame me...we are all awaiting for that report..and as THEY said...'our position might change then'. Even in here I dont say what I REALLY want to...because she could find this forum,for all I know she has. but I doubt it...to dumb. :P P.S. to 'LilyOwen', I was going with traffic,I had the light,and was going just under the 35mph limit. Just going to work minding my business and WHAM!,she pulled out into my side from a parking lot...she didnt look to see if the 'coast was clear' for her to go. She crossed 2 lanes to hit me. Yet according to HER,I purposely turned into her from the far outside lane ,I was in the inside lane to turn at the light, to the inside lane to hit her..yet there is no damage to my bumper,IF I supposedly hit her,...MY side is all wrecked by HER bumper...and her truck has $0 in damage..according to the cop that came! And yet I have over $1,500 according to the cop. Who of course knows little in car repair prices..but he does know $0 damage! Mine is closer to $2,500...so yes, I hit her to make a profit and wreck my new car...makes lots of sense right? I know I will win...it just rips my heart out that others lie and somehow she will walk away with no damages at all. Whoever that truck is insured under MIGHT be out MY deductable and thats it. And this is not the first accident that 2006 truck has been in....already! At least 4-5 others. So..who hit who? It is a pity it always ends up in lawyers hands. But luckily I have one that I know will chomp her feet off...for lying! After it happened I said to her...stupidly I know now, that all I wanted was my car fixed and a rental car till it is done. I dont want to get into a big hassle. Luckily the cop didnt hear it. But also to bad he didn't, then I'd have proof she admitted to it, thats all I want,and SHE said her father works at a GM dealership in the body shop and would handle it...like to 'not involve insurance'...then she obviously changed her mind! So..she brought the trouble on herself. Whoever she borrow this truck from,is going to pay for my injuries and my deductable and more. :mad:
I live in California and have 2 tickets with violation dates of 1/15/05 and 3/18/05. I waited to pay the tickets for a few months and the "Conviction Dates" are like 7/05 and 8/05. When I got insurance they said the tickets won't drop off until 7/08 and 8/08 rather than 1/08 and 3/08. Does this make sense? I got my driving record and it has the violation date and the conviction date. Shouldn't the insurance company be tracking 3 years from the violation date? I mean what does the conviction date really have to do with it.. Are they correct in assessing this, or should I go with another agency, instead of Safeco, that uses violation date instead of conviction date.
while it's OK to vent, you might want to limit it, since it's always possible it could be used against you. just stick with the facts; remain positive.
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.
DOES matter if one goes 20 or 120 thru an intersection, especially if the charge against the "at fault" driver is "failure to yield"...when one makes a left in front of someone else, they are entitled to "assume" that you are driving the speed limit, and they gauge their distance from that...obviously, if they cause the wreck and you were doing the speed limit, they are wrong...but if you were speeding, like 60 in a 30 mph zone, and they could not take that into account, you could be just as at fault...
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 know someone said something about the waving party being at fault..."
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.
I was recently in an accident in my week-old 2007 Toyota Prius and am very upset by it all. I was in the left-hand turn lane awaiting the left turn arrow to turn green when two vehicles collided in the intersection. One of the vehicles (a full-sized pick-up truck) careened out-of-control and hit me head-on. The impact pushed my car back about 6 feet with the brakes on. Amazingly everyone walked away from the accident unhurt, but now I have a "brand new car" in the shop with over $8000 worth of damage to it.
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)?
Most insurance companies are reluctant to pay for so-called "diminished value." Nevertheless, you should push hard for it because, as you point out, you will take a hit no matter how well the repairs are performed.
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.
Look back in this thread. I think it is this one I posted a list of states that you can pursue diminished value claims in. It varies state to state as to what the law is.
Here is a link that tells what happened state by state when it went to court.
i believe you should press for diminished value. here's the kicker: even if you are entitled and they agree to pay it, don't expect to: 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.
I posted recently on the good service I got after a recent fender bender. Here's a follow-up.
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
We only talk like that in front of clients so they might think that we sound intelligent, kinda like listening to the UN interpreters as someone is speaking at the podium...
OK, OK, it was only a joke!!!!!!!!!!!!!!!!!!...Don't look at me like that, it makes me cringe.............:):):):):)
"...you think I've ever won an argument on the basis of "common logic"..."
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
Concerning a recent accident and injury in Arizona, I have been asked for an opinion, and I am seeking other opinions. If anyone has knowledge, please respond. Thanks.
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?
The problem with the information in the link you provided is this: a great many of the cases cited deal with insurance contract interpretation in situations where the insured is dealing with his/her own carrier.
Such cases are not necessarily applicable where there is a claim against another driver.
I finally got the police report...and I am inoccent!!!!! I cant spell,...but I didnt hit that bi-ch either! She hit me AND made an illegal turn according to the cop...he did a little diagram,and showed how SHE hit me on the side with HER trucks front bumper...unlike the LIE she told her State Farm agent...or that guy did that actually owns the truck. It shows how 'Vehicle #1 crossed over 2 lanes of traffic,making an illegle turn, and hit Vehicle#2...thats me:)...and pushed Vehicle #2 off the road, and cause the accident in question!!!! So..as of tomorrow..I hope,I will get a rental car...maybe a CORVETTE,...and they have to pay for it..,and pay my deductable, and pay all my medical bills and pay pay pay! Thats what happens when you LIE!! I may end up in a Cobalt,but I can dream. But whatever I get SHE has to pay for it...or he does, as long as I don't I don't care!! I was right...I didnt lie..and the cop proved it! for the first time in 11 days I MAY sleep tonight and at the moment my pain is at a 2-3 instead of a constant 10! Once my rush wears off,I'm sure it will all come back. But for now...I am so happy I could cry! My car is nearly ready to be picked up,..so I am going to make sure they fix every single scratch she made,and more:), and I am going to be so picky...if there is a speck of dust on it,I wont accept it..and she will have to pay for the rental alllll weekend! What a shame :P Guess her mommy didnt tell her to not to lie. My mommy always said, to tell the truth and then you don't have to remember the lies. Because you told the truth!!! But this cow is gonna pay for her calling me a liar and making MY insurance start to pay to fix my car. Nearly ruining my perfect 'no accident record' I have with State Farm...thus getting the cheapest rates possible! And I couldn't rent a car...not on my policy, so I had to ride a bus for 4 days to get to doctors and etc... ICK!!!! They need to steam clean those things inside! So..tomorrow morning, MY side,of State Farm, said to call at 7am and by 8am, once all the paperwork is transfered into his or her name,...then I can go get a rental...check on my car...and see if anything was missed while it is being fixed. BUT most important of all..I have it in black and white that I didnt lie, like she did...it shows how SHE hit ME! and that I didnt hit HER door and come from an outside lane to an inside lane to cause the accident on purpose! Yeah..I want to ruin my 9 month old car,devalue it and get my neck so busted up I cant turn it STILL 10 days later. I HATE liars :mad: I'll keep you up to date when I have news.
I don't know the answers to your questions. However, my observations are
(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're asking questions that only a lawyer in your state can answer. Why would you ask such specific legal questions on an open automotive forum? Do you honestly think Arizona lawyers moniter this forum?
I think it's "geesh" if you're responding to a guy and "sheesh" if you're responding to a girl.
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
Having established that very specific legal advice is required for this case, we're just going to let this one lie dormant until and unless an insurance-focused lawyer licensed in AZ happens to pop in with a hankering to give away billable hours
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.
MODERATOR /ADMINISTRATOR Find me at kirstie_h@edmunds.com - or send a private message by clicking on my name. 2015 Kia Soul, 2021 Subaru Forester (kirstie_h), 2024 GMC Sierra 1500 (mr. kirstie_h) Review your vehicle
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?
I have a few thoughts on this, some of them may be a result of your imperfect english, but I think you did quite well in explaining the situation.
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...
I have news for US USA owners! And my next to last update on my accident. First..for us USA owners. Turns out that WE are not suppose to be able to get the body side molding to protect our cars from door dings! The bodyshop had to order mine from GM Canada! They don't carry it in the USA. Guess we never get door dings here!! I am the only Aveo driver I have ever seen on the road with the side molding,EVER. I bought mine on EBay for $80 plus shipping. But it turns out it was never meant for USA release! Yet they put it in the accessory catalog for us to buy when we buy our cars.
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!
I am in florida and my car was declared total loss by the insurance and after a while we came to the right number for the settlement but now they want me to sign a "state 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.
Insurance is generally designed to reimburse for actual loss (or at least the value of the actual loss). So, if you buy a $500 car you are not "losing" any money - it is a reimbursement for actual expenses incurred, not a bonus payment.
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.
MODERATOR /ADMINISTRATOR Find me at kirstie_h@edmunds.com - or send a private message by clicking on my name. 2015 Kia Soul, 2021 Subaru Forester (kirstie_h), 2024 GMC Sierra 1500 (mr. kirstie_h) Review your vehicle
Sounds like if you want to collect all the money they are willing to pay then you'll need to replace your wrecked car with one of similar value. When you buy it, your company would offer to pay all the tax on it, right? 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.
Depends what type of insurance you are talking about. 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.
I'm also in Florida and with State Farm. When my wife's car was totalled (hit by a drunk driver while sitting at a red light), the ins co paid her sales tax on top of the agreed buy out price for the vehicle.
Got a call from my bodyshop repair man. My car was painted Friday and 'baked' to harden the paint. Now it sits for the weekend to harden and cool down, and on Monday all the accessories go back on, my body side moldings, the Ventvisors, they did find outside application ones, so I have to settle for them, cant have everything I guess, and my graphics kit is going to go on. The guy that has it and installs it, will call me to have me go up and ok his design before he puts it on permenently. Then they have to clean it for days to make it dust free again! Including putting in that A/C foam cleaning system that cleans the system out of dust and mold and bugs. And I told him to replace the cabin micro filter,it must be clogged with dust by now,and he said they will. I told him that it has to be spotless, or I won't sign for it's release, even if they have to steam clean the inside to get rid of the dust. And he promises me that it will be as clean as the day I bought it. Or I dont have to sign for it. I told him I won't accept it if there is a speck of dust on the fabric or if I sit down and a cloud of dust appears, he says they can clean it till it is gone. Or put in new seats! And he said that if they cant get them dust free...that woman has to pay for them to be replaced:) It has to be as perfect as it was BEFORE she slammed into me! Period! He has a Pontiac GTO that is a hot yellow with black inside and it is supercharged etc...so he understands. And they made it spotless last time when I had to have the front bumper repainted ,damaged from the factory, had a rough finish on it,I wasn't happy with it, so I had them repaint it. They made it look like it just rolled off the assembly line. So..we shall see. So I will get it back next week sometime. I have the NEW 2007 Aveo...and now I am use to the rock hard seats and that drivers arm rest is so nice! Wish I had that seat in my car. And the rear seat headrests drop down like in a Saab,they dont just sit on top of the seat...they hug the top of the seat...nice touch. They didnt change the hatchback version,and I like it that way,..but they tweaked the inside and I wish I had those tweaks! So a few more days. But at least that woman or man is paying for the rental for the weekend and maybe 3-4 days on top of it! :P Not to mention all my medical bills. Still in pain, maybe 25% better. THAT stinks!
no doubt they are gonna clean it out really well. don't open the doors or lower a window. you'll be pulling in dust from the air you're breathing. :shades:
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.
Trust me it WAS totally silent before it went in and it will be before I sign any paperwork. They are doing a 4 wheel alignment and rebalancing the tires,just in case,..anything to up the bill , anything to put it back to pre-accident condition. I have a new Aveo,that SHE is paying for,so until they get MY car perfect...SHE HAS to keep paying for it. So I am in no rush. Well I do want MY car back..BUT if it were not for NOT having any Howard Stern to listen to...they could keep my car, and I'd take this one! God...basic radio..not even a CASSETTE player. Regular radio is horrible now that I am use to sattelite.! THAT I miss as much as my car! GO SIRIUS!
there will come a point though where you're gonna have to accept the condition of the vehicle as "repaired". the thing is, you don't want to blow your goodwill for teeny/tiny stuff. at somepoint, they are just gonna nodd their heads at you and say "sure thing" but nothing's going to be really different. you don't get to interate on repairs indefinitely. that won't happen. trust me.
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:
They are doing a 4 wheel alignment and rebalancing the tires,just in case,..anything to up the bill
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.
Comments
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.
MODERATOR /ADMINISTRATOR
Find me at kirstie_h@edmunds.com - or send a private message by clicking on my name.
2015 Kia Soul, 2021 Subaru Forester (kirstie_h), 2024 GMC Sierra 1500 (mr. kirstie_h)
Review your vehicle
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.
MODERATOR /ADMINISTRATOR
Find me at kirstie_h@edmunds.com - or send a private message by clicking on my name.
2015 Kia Soul, 2021 Subaru Forester (kirstie_h), 2024 GMC Sierra 1500 (mr. kirstie_h)
Review your vehicle
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.