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I was in an accident! Help! - Car is totaled. Update on page 3.
Ryadic
Registered User regular
Registered User regular
First accident I've been in where I was behind the wheel, so this is new to me.
Details of the accident:
I was stopped completely. Foot on the brake. I had been stopped for at least 15 seconds, but no more than 30, and I was rear ended. Not sure what the woman was doing because I had no idea that I was going to be hit (That was exciting in and of itself...). There's quite a bit of damage. My trunk won't close. It's pretty much caved in, I guess. Bumper is bent, the exterior around the trunk is bent pretty bad. Driver side rear lights are working, but the glass/plastic/whatever it is is shattered. I'll post pictures later if someone wants them. A few others have told me that it's probably totaled.
I have a Chevy Aveo. They were in a Ford Expedition. So their tank had no damage aside from some scratches on the bumper. Lucky them.
So, after the accident happened we get the cops there. They had us move in a nearby parking lot since our cars were drivable and there were no injuries. Cops got there. First thing out of her mouth was I hit him, it's my fault. That's good. I don't have to put up with a lot of shit.
Officer takes down his report, tells me that it will be available in 5 business days. Says all information I'll need (her insurance, contact information, and so on) will be on that report. So I didn't get her information from her.
Was that a mistake?
Also, what do I do now? Should I call my insurance and file a claim with them? I'm going to take it to a repair shop to get an estimate. Should I take it to a Chevy dealer or a collision repair shop?
Any other helpful information you can give would be most appreciated.
Details of the accident:
I was stopped completely. Foot on the brake. I had been stopped for at least 15 seconds, but no more than 30, and I was rear ended. Not sure what the woman was doing because I had no idea that I was going to be hit (That was exciting in and of itself...). There's quite a bit of damage. My trunk won't close. It's pretty much caved in, I guess. Bumper is bent, the exterior around the trunk is bent pretty bad. Driver side rear lights are working, but the glass/plastic/whatever it is is shattered. I'll post pictures later if someone wants them. A few others have told me that it's probably totaled.
I have a Chevy Aveo. They were in a Ford Expedition. So their tank had no damage aside from some scratches on the bumper. Lucky them.
So, after the accident happened we get the cops there. They had us move in a nearby parking lot since our cars were drivable and there were no injuries. Cops got there. First thing out of her mouth was I hit him, it's my fault. That's good. I don't have to put up with a lot of shit.
Officer takes down his report, tells me that it will be available in 5 business days. Says all information I'll need (her insurance, contact information, and so on) will be on that report. So I didn't get her information from her.
Was that a mistake?
Also, what do I do now? Should I call my insurance and file a claim with them? I'm going to take it to a repair shop to get an estimate. Should I take it to a Chevy dealer or a collision repair shop?
Any other helpful information you can give would be most appreciated.
Ryadic on
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Posts
Yes, call your insurance, tell them what happened. Tell them only the facts. Don't hypothesize, don't apologize for her, don't conjecture on why she might not have seen you. Your insurance is not your friend.
You might as well wait until you call before taking to a shop, since a) they will need to know it's an insurance job, and b) make sure they're (the shop) is authorized to do insurance work. Should be fine with a dealer, but better to just wait, plus may total car if it's really bad.
Did you go to a doctor? No? Why not? Something rear-ending you that bad may have caused injuries.
Otherwise just deal with your insurance, they'll need the report #, and her info. Insurance will usually send a FAX to shop with info, or may send an ERV to check out the car.
EDIT: To clarify, it's her insurance that will be paying, but usually yours will deal with hers. Also ask about getting a rental during the repairs.
I did not go to the doctor because the time it happened was too late, and I think an ER visit would have been extreme. I woke up this morning with no back/neck pains, so that's why I've not gone yet. I'm also one of those people that usually avoid the doctor at all costs, because I usually think nothing is wrong with me.
Is it possible I have injuries of some kind and not feel it now?
Write down the facts as soon as you can. If legal action has to take place (which might happen if the nice lady in the APC- oops, I mean Expedition- decides to fight the claim), then you'll need to be able to answer a judge's questions truthfully.
You have pictures, which is good.
Now: I'm no lawyer, nor am I a doctor. These answers are just clear common sense.
EDIT: Most of the time, the driver who hit the other person's car is the one who gets found at fault, usually because they don't have a real good reason on why they never saw the stopped car.
Where were you stopped- a sign? A light?
I can has cheezburger, yes?
As for getting it repaired, the insurance company is going to send out an estimator. They'll come up with a dollar amount they're willing to pay to fix your car and you'll get a check in the mail (as long as you own the car, if it's leased, they'll directly pay the body shop usually), or total it and give you a check, usually for about 75% of its actual value unfortunately. You don't need to take it to a body shop to have an estimate done, your insurance company will recommend one of their approved shops and you basically just take it in and hand over the insurance estimate, and they do the work. Unless, of course, you own the car and you think there's a chance you can get it repaired for less than the insurance estimate in which case you can pocket the extra money. Just don't tell the body shop what your insurance company estimated it for. Let them do their own estimate and see which comes up cheaper. I had a fender bender a few years ago, had to have the grill, bumper, bumper cover and a few other parts replaced on my car, the insurance estimate was around $800, the body shop was around $500, I got to keep the extra $300.
Not true. There are many situations where the person that got hit is at fault. Pulling out in front of someone is a good example.
Let's please not start the "at fault" argument. In this case the OP's actions were 100% not at fault. What crazy actuarial jujitsu the insurance companies come up with is irrelevant.
Only get an estimate after you file. You should File within 24 hours of a collusion. If you want to repair through the dealer it'll cost you... like a lot. The neighborhood collision repair shop will definitely give you a much cheaper estimate but they might do a crappy job repairing the car. They might also try to rip you off. Ask around friends if they know any place that's trustworthy and shop around if you do plan on trying to reduce cost. You might think : I'm not at fault, why should I try to do damage control? Well chances are the insurance company will try to jack up your rate regardless who's at fault here, because they are insurance company and that's what they do. So a less hefty repair job might save you a bit on that premium.
If you get rear ended.. it's like 99% the other party's fault. It doesn't mean you can get away from all the hassle though and trust me there will be a lot of hassle. The cops most likely seen a lot of collusion and know what's up. If you back into the other car, then there's no way you can get enough velocity to cause that much damage. As for pulling up right in front of him, first the other car is tailing too close, and second the long skid marks on the scene will surely indicate the he was going very fast and breaking very fast, or the lack lack of skid marks means the guy behind you wasn't paying attention and didn't even attempt to stop.
You should get a rental car, your insurance company will most likely cover that. Ask them how to proceed with this when you file the claim.
Finally the other party, after realizing what a silly goose they are, and realized it's completely their fault, will try to settle with you. Basically hand you cash directly to pay for your repair cost and not file through insurance. If you do want to be a nice guy and go with this, then get something in writing describing the accident, the payment amount, and that it discharge any further liabilities from both party. Also insist on accepting in either cash or Bank Draft/Money Order. Cheques do bounce.
Basically by calling your company, you have two options as I was told by my rep: Let your company write you a check, then go after the other company; or, let your company bug the other company until they write you a check. Either way works. Each insurance company will have its "preferred" auto shops, so depending on which way you take, you may have more accessible locations with one particular insurance company.
Yes you should get a rental car. It should be completely covered by insurance.
My experience: I was sideswiped while parked on the side of the road by a delivery truck; they left their contact info on a card on my window and owned up to it, so that was good. They took their sweet time getting their info to me, so I had my company go ahead and pay. Once my company paid, I pretty much didn't have to worry about anything at all - my company handled all contact with the other insurance company, so it was very much stress-free.
Lastly: I have no idea if this is legal or not, and I have never done it, but some of my friends have: you can get the estimate at, say, the dealership (which tends to be more expensive), get some of the work done there, and then take the remainder of the work to another shop. The insurance company will cut you a check for the amount listed in the estimate and then you can pocket whatever you save by going to another place. I have never done this because I don't trust that it's actually legal, but I figured I'd just put that out there.
Yeah, if your neck wasn't completely braced by the back of your seat, it's gonna feel like a mac truck hit you tomorrow morning.
This is what I came here to say. You call your insurance ASAP and tell them what happened.
It may depend on the company. With my wreck in 2007, I called Geico, and they told me what I said, either file the claim with them and they'd pay for it but raise my rates, or I could file a claim through the other driver's insurance, All State, which I did.
I was in another wreck in 2003, also the other driver's fault, and I still had to go through the other driver's insurance company, but Geico may have initiated that. I don't remember now.
This is so, so wrong.
It depends on your state and insurance company how the fault will be placed and how the insurance will deal with it.
In my state filing a claim through your insurance if you were not at fault will not affect your rates. You will have to pay your deductible, which your insurance company will reimburse you for once they've recovered it from the opposing insurance company.
The last time I was in an accident I went through the other persons insurance, which was an enormous mistake that I will not make again. They gave me horrible rental cars, the shop they "recommended" fucked my car up beyond belief, and I had no recourse through my insurance company since I had gone through the opposing insurance company. My insurance company wouldn't even recommend a course of action to me.
As far as getting checked out by a doctor, do it. For one, soft tissue damage may not manifest itself physically for a long time. Also, you won't be paying for it!
I've been rear ended at a much lower speed than you were and ended up with nasty whiplash, for which I went to the ER (10:00 PM, doctors offices closed, I couldn't turn my head left or right) and ended up in a neck brace. Yes, it's overkill, but once your neck and back are messed up, they're messed up for life, and once again- you're not footing the bill.
Matt said I'll likely get 75% of that. Which, to me, sounds like a shit amount. I'm not planning on going out and getting a 2010 BMW, but I do think I should get something to put me in a comparable car.
Also, what your value of the car is does not take into consideration maintenance work and things like that. It takes into consideration the cash value of your car. If your car was beat up it's worth less, it's that simple. Don't look up KBB, look up what other cars (that are the same as yours) are selling for in the area. That will give you a much better idea of what you will get. In my case they were selling similar to or a little bit lower than KBB but my car was valued higher than either of those.
I have a 2004 Chevy Aveo. It's 4 door LS sedan. Non-hatchback.
Basically, one good reason it's a good idea to go through your company is that it then is in their best interest to get the best possible result for you. They will want you to go to a great shop who will do good work, because if the work is bad, you may be filing for future work under them. If you go through the other insurance company, it's in their best interest to screw you over, make you wait, make you take a shitty cheap shop, etc. By filing with your company, you're essentially getting free legal representation (well, sorta) from a company who has tons of experience and knows the ins and outs of the business, and also has a monetary interest in making sure things turn out well.
Also, you SHOULD be able to take it to the dealership to get it fixed, no matter what. Personally I'd recommend this course of action, at least for the estimate.
[For the record, in my one experience dealing with another person's company, I had Liberty Mutual insurance in Texas]
If it's totaled, you'll get a check for the Blue Book value (generally evaluated by a 3rd party, once again, the party depends on which insurance company you go through - yet ANOTHER reason to go through your company) and likely your recent maintenance costs.
Honestly the best person to answer all these questions is your insurance agent. There is no point in NOT calling them up and talking to them for an extended period of time about this. You're not at fault, your rates will not go up, etc.
Won't your insurance company be notified anyway if a traffic police report comes out with your name on it? Don't they keep tabs on this stuff? Someone who knows, please correct me if I'm wrong!
Two good pieces of advice right thurr.
You're rates shouldn't be affected. She hit you, good on getting the police to come, rear-endings are usually pretty cut and dried as far as police are concerned.
I would highly suggest getting a reputable dealership to do the repairs. Don't mess with getting a quote and then trying to get some cash back. That sounds awfully like insurance fraud to me. I understand that it happens, and it may be legal, but it doesn't feel right to me.
If you start feeling strange at all, get thee to a hospital. Neck and back pain can and do happen with rear endings. The other insurance should also cover that.
Although, beware. I had to take another driver to court, with lawyers and everything for what I thought was a pretty cut and dried case. Trust me, you are not in good hands if they have allstate.
Edited to add, If it is totaled, you will get reimbursed for the blue book value of the car. The loan (if there is one) gets paid first, and you get the difference. It should be pretty close to a kelly blue book or NADA value. If you do the research and think they are undervaluing it, then say it. You have to agree to the settlement, (but don't ask for $texas either, just what you think is fair)
My second time being rear-ended I was fine after the accident, but 5 hours later I couldn't move my neck.
Get it checked out ASAP. X-Rays and everything.
Thanks for all the advice. You guys have been very helpful.
No joke, I was in a bad wreck, and felt fine afterwards (Adrenaline is Amazing!)
But the next day I felt like I got hit by truck, which is what happened ironically.
No, go to a real doctor.
They will pay out the full "value" of the car according to KBB if its totaled. So if KBB says its with $6,175 thats what you'll get in cash. DO NOT let them haggle you down. Fight them on it, let your insurance company fight for you on it. They owe you the FULL fair market value of your car.
However, I'm going to guess your car wasn't in excellent condition, most cars aren't. But as long as it was free of most cosmetic defects and mechanical issues prior to the crash it should be rated "Good" so use that rating to check your value on KBB. Unless you truly believe it was in excellent shape as defined by the KBB.
Using my car as an example, its worth 3,700 in Excellent shape, and 3,200 in Good shape, its not a huge difference.
Totaling a car means that the total cost to repair is higher then the value of the car. Obviously its in the insurance companies best interest to just pay you the value rather then expensive repairs.
You'll want to see an orthopedic specialist actually, but depending on your insurance you may need to see your primary care doctor first.
And you may also need a CT scan if you've been dizzy, disoriented, confused, or any of the other lol brain damage symptoms. You don't always need to slam your head into something to end up with a concussion, and if you go into an ER after an accident like that (even without obvious head trauma) they would ask you the entire series of "did your brain hit your skull" questions. It's always best to go to the doctor or the ER after an accident, even if you think you're fine at the time. I've thought I was fine through: an enormous bone bruise from the seatbelt, a severe concussion, a cracked shin, a sliced open face that required stitches, and probably minor whiplash (I didn't end up having to see a doctor for that one)... adrenaline can carry you through a lot and injuries can take a long time to really start to hurt. Especially if you're not going to be paying the bill, go to the doctor (not the chiro) and get thoroughly checked over for any and everything that may be a result of the accident.
I didn't want to go to the ER, and everyone I asked said just get X-rays and stuff done. It is a walk in chiro, so I guess when I'll get there I'll ask them what to do and what not. I'll be leaving in about 2 1/2 hours to go there, and they are 5 minutes down the road from where I live.
I called my car insurance company and told them about it. They needed the other parties information, which I didn't have. Called the police department, and they don't have the report yet, so I probably won't be able to get that informaion until Monday.
So, I guess this is how you learn from shit. Have shit happen to you, make mistakes, and do it right the next time, huh?
Got rear ended when at a complete stop, went to parking lot, got all his contact info and left (very minor damange, didn't think I was going to make a claim). After the fact, once the adrenaline was over and at home I noticed the floor of the trunk was crumpled. Called him, told him I was going to make a claim.
Called MY insurance and they walked me through what I needed and asked how badly I was hurt. They said get a police report (which you can file up to 5 days after the accident) and I get a damage waiver from the police. Insurance gave me a choice of 4-5 different repair places (I chose the closest), bring my car and damage waiver to the repair shop and it was fixed and back to me in a week. I payed nothing out of pocket since the repair shop worked a lot with my insurance, they had linked computer systems.
After the fact, my rates are the same, they offered rental car for the time I didn't have mine and if I was injured more, they would have had their own health person look at me in case I need anything in the future / miss work. I also tensed up a bit the next day but my gf was bad enough that she went to the ER the next day. No x-rays or anything, she just did roll your neck around, move arms around, etc. IAMNOTADOCTOR but they said relax and take advil (anti-inflamitory) and if it got worse, come back but it should start getting better after 48 hours or so.
I do not think it is necessary to go through a dealer for repairs; in my experience by far the easiest method for the customer was for you to take the car to one of the insurance companies certified shops. Those shops have agreements with the companys that the company will trust them on the repair and cost, so they can start right away, and all you will see is having to pay your deductible, the shop will bill the insurance company for the rest. The repairs and parts used will generally be guaranteed for life or some really long time, and I cannot remember a complaint about the quality of repairs from one of our company's approved shops.
Since this accident is 100% the other person's fault (I do not know of a state where a rear end collision is not 100% the rear enders fault), your insurance company may waive your deductible or reimburse you very quickly for it. My company would do this frequently because it makes customers very happy, but we only would do it when we knew we were going to collect that cost back...which meant we knew 1) the accident was not our customers fault and 2) that the party at fault has insurance with a reputable company. For reference, once your insurance company pays your claim, they will contact the other company and through a process called subrogation will collect back the amount they spent to repair you.
You also have the option of going direct through the other person's company. Again, since they will very likely see this as 100% their client's fault, they should make you whole, and will probably offer you the option for one of their approved body shops. Normally you do better from a customer service standpoint to go through your company - you pay them to take care of this stuff for you, the other company has no real interest in making it a pain free process for you. In this case, because it is such a clear cut case, you may want to make the attempt through the other persons company first, keeping in mind at any time you can break off with them and go back through your own company.
In terms of rental, if you go through your company, access to a rental car is solely dependent on if you have rental coverage, not everyone does. Your rental coverage will specifically state what you get (i.e. $30/day for 30 days max or something). You will not get more than that from your company. If you go through the other company there is no set limit, but they can stop paying for a rental if you are unreasonable (ie you wait a protracted period to start the repairs or you rent a nicer car than what you are replacing).
To the poster who asked about insurance being notified of accidents by police reports, the company will only hear about the accident in a claims sense if it is reported. If someone gets a ticket that will get to the underwriting component as it will affect that persons rates, but that will not initiate a claim. You have the right to not report a claim if you really want, that happens all the time (small accidents, POS cars with minor dmg, etc).
In terms of injury, if you are actually injured (a doctor has evidence of this) you can get your company to pay your medical bills via your own personal injury coverage. It is possible if you go through the other company and report an injury they will offer you a modest sum (we did $500 bucks) to sign a paper waiving any future claims on bodily injury. Read anything the other company sends you very carefully; if you really aren't injured at all, then yay free money, but if you have even a very modest injury (minor whiplash or something) you could very quickly exceed that amount.
Just to be clear, the orange part is insurance fraud, and while the odds of getting caught are extremely low, it could potentially result in your claim being voided and the insurance company suing you for fraud and damages.
Wrong. Most places you are completely within your rights to take a cash settlement of the estimated repairs in lieu of having the shop repair the damage, and you are free to do with that money what you please.
They gave me a really awesome rental car and were really helpful/nice throughout the entire process...