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Questions About Auto Insurance and Accidents

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  • fintailfintail Member Posts: 58,427
    Yeah, I know it's just worth what it's worth if it is totaled - she just bought the car about 3 months ago, and she got a relatively good deal on it, so it shouldn't have sunk too much. If it comes to that, she will just replace it with another similar car - buying a Corolla is like buying a can of pop, they are everywhere. I probably shouldn't have mentioned the vehicle history stuff to her...it'll be nagging in her head.

    I wish I could see the car - if it just needs a trunk and a couple of bumpers, it's not a big deal, but the impact was enough to break a seat belt, which has me leery of structural damage. I told her to make sure the doors all open and shut normally, and the panel gaps around the doors are all uniform. She mentioned the misaligned hood a few times, I could tell that was bugging her.
  • fintailfintail Member Posts: 58,427
    I think her car is going to be borderline, by the way it was described. I remember when my friend's old Monte Carlo got hit, they wanted to total it at 50% or so...but he wanted the car fixed, so he fought for a higher value.

    This insurance company is also going to be paying some medical claims on top of the damaged car...so they won't be happy if the loss of resale value is mentioned I'm sure. It's her mess, I told her if she gets kickback to just refer it to her insurance agent.

    Looks like I might get to go car shopping this coming weekend...or see a disabled car in a body shop.
  • vekiveki Member Posts: 4
    Hi,
    My insurance company has decided to total my car (99 Camry LE) after a curb-hit accident. They have given me their repair estimate and the actual cash value details. But they are not willing to give me a written report with the business reason of their decision to total the car.
    From their repair estimate and the current value of the car, the repairs are close to 69% of the car's value. They told me over the phone that they do not think it is worth repairing the car at this repair estimate.

    Is there any reason for not documenting their conclusion in black and white? Is it OK for me to insist on a written document in this regard?

    Thanks in advance for your time,
    VeKi
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    I think they already told you the reason, but sure, you could have them write that down.

    If you don't want the car totaled, then you'll have to get your own appraisal regarding Fair Market Value of the car (not the damage, but the VALUE just before the accident). If you get a higher value from that appraiser, then the percentage calculations for totalling (it varies from company to company, although in some states it's required to total at a certain % of damage vs. valle) changes. The problem is, of course, getting them to accept your appraiser's estimate vs. theirs. Of course your appraiser might agree with them, that's always a risk.

    You may want to read over your policy and see what it says about this. You can also contact your State Insurance Commission.
  • vekiveki Member Posts: 4
    Hi,
    Thanks for taking the time to reply to my query. Appreciate it much.
    I did some research myself on a replacement car of the same make, model, features and I found that I will be paying some extra money from my pocket apart from the settlement that I will get from my insurance.

    I too share your concerns w.r.t hiring an appraiser.

    I called the state insurance commission and they too opined that the insurance company can put their decision in writing. They also mentioned that I could open a complaint online for them to review this further....

    I will talk to the manager once and see where it takes.... In the current environment, I don't have the time or energy to drag this further with the insurance company.

    Thanks again,
    Veki
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    Well this unfortunately is sometimes your only option with insurance companies---you either invest time and money to achieve a better settlement or you roll over and take what they give you. If you'd like, you can post the exact year make model options and condition of your vehicle, and what they offered you, and I'd be glad to make a guess as to whether it was reasonably fair or not.
  • vekiveki Member Posts: 4
    Hi,
    You are right. At this moment, I have too many other things happening and am finding this to be draining me already.

    Thanks for offering to review the details. Here is my car information. I have copied most of it from their list.
    1999 Toyota Camry LE, 4 Cyl, 4 Door sedan with 113042 miles, I am the only owner.

    Automatic Transmission AT Standard
    Overdrive OD Standard
    Power Steering PS Standard
    Power Brakes PB Standard
    Power Windows PW Standard
    Power Locks PL Standard
    Power Mirrors PM Standard

    Air Conditioning AC Standard
    Rear Defogger RD Standard
    Intermittent Wipers IW Standard
    Tilt Wheel TW Standard
    Cruise Control CC Standard
    Keyless Entry KE
    Console/Storage CN Standard
    Console armrest

    Seating
    Cloth Seats CS Standard
    Bucket Seats BS Standard

    Radio
    AM Radio AM Standard
    FM Radio FM Standard
    Stereo ST Standard
    Cassette CA Standard
    CD Player CD

    Wheels
    Full Wheel Covers FC Standard

    Safety/Brakes
    Drivers Side Air Bag AG Standard
    Passenger Air Bag RG Standard
    Alarm TD
    Anti-Lock Brakes (4) ABS
    4-Wheel Disc Brakes DB Reported

    Exterior/Paint/Glass
    Clearcoat Paint IP
    Metallic Paint MP
    Body Side Moldings BN Standard
    Dual Mirrors DM Standard

    Interior is good, minor paint spots in the exterior. Insurance esimtates total adjustments for such as $52.

    Cash value offered for the car 5400
    Tax 324 + title 60
    Final settlement amount : $5784.00

    Let me know if you need any additional details.

    Thanks again,
    VeKi
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    IMO the settlement is fair.
  • dtownfbdtownfb Member Posts: 2,918
    Try Edmunds Used Car Appraiser: http://www.edmunds.com/used/1999/toyota/camry/11436/options.html

    I ran the Used Car Appraiser with the information you provided and it appears the insurance company is giving you a good deal. In looking at the listings from the dealers, the prices are higher but remember that is only the list price not the actual selling price.

    I would do a search on 1999 Camry for sale in your area. Print these out and try to get your insurance company to come up a bit.
  • vekiveki Member Posts: 4
    Hi Shiftright and dtownfb,
    Thanks for helping me out on this one with your constructive feedback. Appreciate your time. I checked the link you provided and agree with your assessment.
    I will close this without any further ado/dragging.

    Thanks again,
    VeKi
  • diegoelvisdiegoelvis Member Posts: 4
    Hello. I'm moving to florida. My company is sending me to work there and i'm gonna be for about 3 years.
    I'm moving with my wife. We both have our driver licences issued in our country.
    We are planning to get our florida driver licence but is going to take about a month for us to settle and you can't live in Miami Metro Area without a car.
    Is there any company that will give us insurance? My company is giving me a car, so i think they will take care of my insurance. But i'm gonna buy a car for my wife, and i like to know if it's possible to have an auto insurance for her. No matter how much is gonna cost, we are going to have our florida driver license in one or two months.
    Thanks.
  • tidestertidester Member Posts: 10,059
    Unless you have some serious problem with your driving record you shouldn't have any trouble obtaining insurance.

    tidester, host
    SUVs and Smart Shopper
  • euphoniumeuphonium Member Posts: 3,425
    Welcome to the Colonies.

    One of the items you bring should be insurance records for the last three years..at least your policies presently in force. The Yankee companies can tell by your previous policy a lot of information. The more of the good they know = lower cost.

    I understand your employer is providing a vehicle for you and they will carry Liability insurance which will cover them, but how about you and your wife? Don't ask, but tell them to add your name and your wife's name to the policy as "Additional Named Insureds". Then you can be sure you & she will be covered when driving the "company" car.

    If you are not American citizens, expect to pay a little more with any company.
    Enjoy your stay.
  • steverstever Guest Posts: 52,454
    From Edmunds Answers, someone's passenger undoes their seatbelt to grab something, and the driver wrecks. Who pays for the medical diagnostic to check out the passenger's head?

    Steve, visiting host
  • marsha7marsha7 Member Posts: 3,703
    Interesting question...at least in GA, there could be multiple answers...I'll try some of them...

    1. Most likely the driver is charged with fault in the wreck, altho the passenger has contributed to the wreck (I am assuming the driver lost control because of the passenger's actions), and it may be possible that the passenger could be ticketed with some kind of reckless action...if the driver is faulted, then the driver's medpay would be one source of payment for meds...

    2. Assume same as above, the passenger MIGHT recover from the driver's liability policy, but if the passenger literally caused the wreck, the liability carrier may refuse to pay...

    3. If the passenger has their own medpay, and the driver can prove he has none, then the passenger medpay will pay...

    4. If the passenger has group health insurance, then his group will pay the diagnostic bill...if the passenger recovers from driver's liability policy, then health insurance will subrogate...if no recovery, then health insurance becomes provider of last resort...

    5. If driver was driving illegally as an uninsured motorist, and passenger has no auto insurance (may not own a car, and would not have auto insurance), and is unemployed and has no health insurance, then it depends on how nice the hospital is, or whether or not there appears to be a true emergency...if an emergency, hospital would do all that is necessary regardless of ability to pay...if NOT an emergency, hospital is not required (I believe this is right) to provide unlimited services is there does not appear to be an emergency...

    6. Not knowing the circumstances, maybe passenger unbuckling had nothing to do with causing the accident, and their car simply got rearended by another driver...assuming the other driver is insured, they are liable, at least in GA...all the medpay info as stated above, along with group ins would stay the same...

    It is kinda like a flow chart...1. At fault driver insurance pays...2. Victim driver's medpay pays...3. Passenger medpay pays...4. Passenger group hlth ins pays...5. Passenger pays out of pocket and pursues all at fault parties...6. Passenger sues and gets judgment against at fault driver for $100K...7. At fault driver comes to scuzzy bankruptcy lawyer like me (...:):):):):)...), we file Chapter 7 and wipe out the debt...Passenger now sucks wind forever... :blush: :shades: :P

    Passenger cannot afford medical debt for wreck that was not his fault, cannot recover from at fault driver due to Chapter 7, so now Passenger seeks out scuzzy bankruptcy lawyer (I wonder who???)and he now files Chapter 7 to get rid of his medical debt...

    Who wins in this entire mess???...why, the scuzzy bankruptcy lawyer, who else???...now you understand how the world goes 'round...

    Does that help???...:):):):):):):) :shades: :P
  • euphoniumeuphonium Member Posts: 3,425
    The GA attorney gave a very good reply, but the basic issue begs the question.....

    What part of the Drivers anatomy did the passenger grab? ;)
  • marsha7marsha7 Member Posts: 3,703
    euphonium, I edited and added to my response...I don't know if you read the original answer, or the elongated answer...
  • steverstever Guest Posts: 52,454
    I didn't read into it that the passenger may have contributed to the accident by reaching for the dropped phone. That would be an interesting twist.

    In a no-fault state (or country, like Canada), would it matter a whit?
  • houdini1houdini1 Member Posts: 8,351
    Now that is funny !!! :)

    2013 LX 570 2016 LS 460

  • euphoniumeuphonium Member Posts: 3,425
    read the original answer :)
  • emmett96emmett96 Member Posts: 1
    I reciently had both my vehicles sittting in my driveway when a bad hail storm came through and sharp hail hit hard on my vehicles. each vehicle had over $1,000 damage each. Both windshileds recieved approx. 100 chips, Progressive denies the windshiled claims stateing hail cannot damage a windshield and after fighting with claims rep. now want to cover only one windshield stating chips were caused by stones flying of a truck and charge me another $100 deductable. Progressive seems to have their own policies and only pay for what they want - BEWARE and Warned! Both vehicles recieved the same chips at the same time in same place, maybe a "truck" flew in my driveway at same time hail storm came through and hit my parked cars, anything possible - Right ? Any suggestions out there?
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    Well certainly hail can smash and crack, but I don't know as it could "chip" a windshield.

    I'd have to see a photo of the damage before giving any kind of opinion. If it's tiny, itsy bitsy little gouges in the windshield, then I'd agree with the agent. But you know, that's just my two cents. I just can't get my head around a small ball of ice causes a tiny pin-prick type of chipping.
  • wlbrown9wlbrown9 Member Posts: 867
    It would seem that if the damage came from rocks dropped from a truck going down a road there would be significant damage on the front of the vehicle as well. If the damage was from something dropping out of the sky, there should not be significant damage (paint chipping) on the front. Might see how it goes if you argue from that angle.
  • imidazol97imidazol97 Member Posts: 27,676
    I had hail chip a windshield, long, long, ago. Glass technology has changed lots since then. But I didn't slow down when the hail started and it left a circular fracture about 1/2 inch diameter, but it was not a chip; it just cracked the glass around the impact.

    2014 Malibu 2LT, 2015 Cruze 2LT,

  • cccompsoncccompson Member Posts: 2,382
    Wait a minute - what other part(s) of the vehicles took damage?. One thousand dollars in hail damage (including windshield) is a small claim.
  • dudette3dudette3 Member Posts: 45
    My Sister had an accident a few days ago. We are working with Geico.

    There is damage equalling $4800 on the 2003 Protege LX 4 door. According the Edmunds/KBB, the Private Party Value for a Good vehicle (it has a large number of scratches on the rear bumper from parallel parking) is around $6000.

    Geico indicated that the repairs were not equal to 80% of the value of the vehicle. I asked them to find out what the value of the vehicle is, they normally do not do this unless the computer flags them to, as it is an additional cost.

    I like the car, and we have maintained it well, but am concerned about any issues with the car if it is not properly fixed.

    The agent said the Average Private value of the car is $7236.50, which is more like the dealer retail it seems. Does this seem accurate? He stated we do not have option to take the loss, only option is to repair the vehicle.

    The vehicle comes with standarad equip, plus ABS, sunroof, and side airbags. The mileage is about 57000. Is there anything I can do to have them total the vehicle instead of spending so much to fix it?

    Thank you for your time!

    Amitha
  • euphoniumeuphonium Member Posts: 3,425
    "concerned about any issues with the car if it is not properly fixed."

    It is the insurance company's responsibility to pay the cost of repair. Not to warrant the repair.

    If it is not properly fixed, that is between your sister and the body shop.

    If clearly it is not a total, the insurance company can not be forced into totaling it.

    "There is damage equalling $4800 "equaling" could include some peripheral items other than body repair. If so, this is not a candidate for a total.

    You have the option of accepting the draft for the cost of repair and trading the wreck and the insurance check in for a replacement vehicle. This may not be possible if there is an outstanding loan on the vehicle. If so, the lien holder will insist it be repaired.
  • wlbrown9wlbrown9 Member Posts: 867
    To quote from Geico's web site "Leave with the reassurance that GEICO and the repair facility guarantee the repairs for as long as you own your vehicle."

    http://www.geico.com/claims/claimsprocess/auto-repair-xpress/

    So, Geico does warrent the repairs (I think only applies if you use one of their preferred repair shops in the Xpress program).
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    You could hire your own appraiser and challenge their estimate of value.
  • euphoniumeuphonium Member Posts: 3,425
    I think only applies if you use one of their preferred repair shops in the Xpress program).

    Right. They can't give kickbacks to just anybody and/or not all body shops will discount their parts to insurance companies.
  • dudette3dudette3 Member Posts: 45
    Thanks for the responses.

    We are going through one of Geico's preferred repair shops, so the repairs will be warranted, as was previously mentioned.

    It was difficult, as I am living in a separate state. But I appreciate the recommendation to get our own appraiser, given that the insurance company's estimate was coming in significantly higher than kbb or edmunds assessment.

    Thanks again,
    Anita
  • euphoniumeuphonium Member Posts: 3,425
    ASAP after "Geico's Garage" completes the repair, spend a couple of bucks and have another local independent shop inspect the car to determine the quality of workmanship. Get any recommendations in writing. Good Luck.
  • dudette3dudette3 Member Posts: 45
    Another very good idea. Thank you! I will plan to do this when she drives the vehicle home.
  • sunnyb1sunnyb1 Member Posts: 4
    When a car is considered to be "totalled" by an insurance company what happens?
    If there is a loan on the car is it paid off? How is the value determined? I have only seen options for value as Trade In, Private Party or Dealer Retail. Will one of these apply?
  • houdini1houdini1 Member Posts: 8,351
    I don't think insurance companies take what is owed on a car into consideration at all. They just offer as low a number as they think they can get away with. If you owe more than they offer that is just too bad....unless you have some type of Gap insurance.

    2013 LX 570 2016 LS 460

  • euphoniumeuphonium Member Posts: 3,425
    Most adjusters try to ascertain the market value of the totaled vehicle in the area and time of the crash. Geographics play a role in values, in addition to repair costs.

    A Bodily Injury claim can have a great influence in determining total value so as to keep control of the claim preventing it from going to an attorney. Often being overly generous on the value of the vehicle enables the BI to be settled for much less.

    I've known Claimants whose neck and back injury pain went away as soon as they received a generous value settlement check for their car.
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    No the loan is not paid off---the fair market value of the car is paid off. If you are upside down on the loan, too bad for you. This is where gap insurance comes in handy
  • the_big_althe_big_al Member Posts: 1,079
    Hopefully you had "Gap" insurance or were not upside down on the vehicle. Value can be determined by what the car would be worth pre-crash. The value given can range from auction level and sometimes all the way up to retail value. What I would try and get the insurance company to do is give you an amount that it would take to replace the vehicle with a like-vehicle.

    Look up on auto trader or E-bay and search for your particular type of vehicle. For Example, if your wrecked vehicle was a 1997 Honda Accord EX, look up 1997 (or close by years) Honda Accords with the EX options package in your area and see what they are going for. Look for similar mileage and condition that yours was in pre-crash. The amounts that you find would indicative of what it would take to replace your wrecked car with one that is similar to yours in similar condition. This is the amount you should ask for and expect. Don't expect to be compensated for sentimental value that you think you have in it.

    You'll probably get a low-ball offer at first, but you can fight it by showing what other like vehicles in your area are selling for and what it would take to get a vehicle similar to what you lost.
  • marsha7marsha7 Member Posts: 3,703
    misconceptions is that the amount you owe is even remotely related to the amount the insurance will pay when your car is totaled...if you owe $10,000 on a $5,000 car, the insurance will simply pay $5,000 to the lender who holds the lien on your car...you still owe another $5,000...whether your car depreciated faster then the loan balance was amortized (paid down) OR you rolled negative equity from your previous trade-in is immaterial...the loan value is, literally, independent of the vehicle value...so, if you still owe the remaining $5,000, you will continue to make payments until the car is paid off, even tho the car is sitting in Euphonium's Salvage Yard (...:):):)...) somewhere...

    Your options are: 1. continue making payments on the balance until it is paid off, 2. roll the negative equity into the next car loan, 3. coulda, woulda, shoulda had GAP insurance, 4. let them sue you for the balance and get your paycheck garnished, 5. Chapter 7 bankruptcy, 6. Move to France outside US jurisdiction (of course, with your luck, they won't extradite a mass murderer, but when they find out you owe money to Capital One Auto Finance, you WILL be the one extradited on the next plane out of Paris... :P :shades: ), 7. Suicide...I only recommend using this one once, rarely 2 or 3 times...:):):)
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    A spiritual medium told me once that Capital One Auto Finance will actually pursue you into the afterlife, but I have no way of verifying that (nor do I care to). :P
  • marsha7marsha7 Member Posts: 3,703
    But the opportunity is always there... :P ;)
  • oldfarmer50oldfarmer50 Member Posts: 24,212
    "...not all body shops will discount their parts to insurance companies..."

    A guy at work hit my car and was insured by Progressive. I got an estimate from my local body shop for about $1600. Later I was contacted by Progressive's appraiser and they looked at the car and said it would cost $1700+. They also offered me a free loaner.

    Using the companies preferred shop doesn't always save them money.

    2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible

  • oldfarmer50oldfarmer50 Member Posts: 24,212
    "...Your options are:..."

    What about suing the party that hit you for the balance of your loss?

    2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible

  • marsha7marsha7 Member Posts: 3,703
    OK, add that to the list...altho the chance of collecting may be slim, it is certainly better than the "suicide option" that I listed...:):):):):)
  • houdini1houdini1 Member Posts: 8,351
    Wait !! If you accepted the check from the Ins. Co. wouldn't you have to sign a release that would prevent you from going after the insured?

    Also, if you had already been paid a "fair market value" for your vehicle, where is your loss?

    2013 LX 570 2016 LS 460

  • euphoniumeuphonium Member Posts: 3,425
    Agree. Houdini is honestly correct.
  • oldfarmer50oldfarmer50 Member Posts: 24,212
    "...If you accepted the check...wouldn't you have to sign a release that would prevent you from going after the insured?..."

    I've always wondered about that. It hardly seems fair.

    To use an extreme example, let's say the driver who hit you has minimal property damage coverage (say 10K). He does 20K damage to your car. can the insurance co. give you the 10K and you are not able to go after the insured for the rest?

    Another example that actually happened. A woman got hit in her door. The appraiser agreed that the damage would cost $1000 to fix. He then told her that he was only going to offer $900 and to "take it or leave it". Are you saying that if she actually had to spend the full $1000 she could not sue the other driver for the remaining $100?

    2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible

  • houdini1houdini1 Member Posts: 8,351
    OK, that gets a little complicated and not all states handle it the same way. Most insurance policies have a section that covers uninsured and under insured drivers. In the first example your policy would pick up the slack. Lacking this particular coverage I believe you would have the right to go after the other party as your damages have not been satisfied.

    In the second example she could take the $900. and sign a waiver...or, if I was in these particular circumstances, I would sue not only for the $100. but also allege bad faith against the ins. co. and maybe make a nice tidy sum. Not to mention that I would suddenly begin to suffer tremendous pain in my lower back with headaches so bad that I could not sleep, etc, etc. They would fork over the $100. so fast you wouldn't believe it !! :mad:

    Now stop trying to stump the chump by asking these tough insurance questions and get back to baling hay and shucking corn or something ! :)

    2013 LX 570 2016 LS 460

  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    Hell no. If you hit a Maybach and total it, you are probably underinsured and the owner can indeed come after you once your insurance is tapped out.
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