You just got rear-ended.....

Unit74

Unit74

Final Approach
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Unit74
Scenario-

You are on a 2 lane road and stopped to make a legal left turn onto another street, blinker on, tail lights proven functional. Young driver rams their POS car at 35 mph up your tailpipe and pushes you about, eh....40 ft towards the shoulder. Your car has moderate damage to the trunk, bumper, tail pipe pushed in. Other driver's car is without question totaled.

Cops show up take the report as the other party is being carted off in an ambulance. That driver is loopy, complaining of a head ache and before the cops get their, literally doused herself in purfume and drank three bottles of water, pounding them down. Cops "thinks" she is under the influence, but also seems disinterested in a DWI arrest. You and your passenger have no complaints of injury "right now". Both cars leave on a wrecker as undrivable.

From this point, you have called your well advertised insurance company and tell them, "I pay you to handle these problems for me. Let me know what info you want"

Assuming the car is fixable, which I suspect will be the case, what other concerns will their be? Loss of use? Devaluation? Additional small claims case an option? Or in other words, what hidden issues should be expected at this point? In this scenario, the people are not laywer-up type hood rats that wanna get paid for some false pain and suffering claim. They just want to be made whole.
 
1) New SR-22.
2) Repairs and diminution of value on the car.
3) Transportation until your vehicle is repaired.
 
kyleb said:
1) New SR-22.
2) Repairs and diminution of value on the car.
3) Transportation until your vehicle is repaired.
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SR-22 for an accident that isn’t your fault? Never been my experience.
 
Someone decided to rear ended my 150 with a sedan few years back in Yellowstone. The idiot front of me did a hard brake so that he can take some pictures in the middle of the road, I stopped the dude behind me couldn’t. Needless to say the hood of the sedan was all wrinkled up, barely made any damage to my truck. We parted ways, no cell phone service so didn’t make the call to my insurance company until I could find a crappy spot with crappy coverage. Insurance company dealt with everything , changed a crap load of things in my truck which I honestly don’t know if it was even required. Didn’t claim any devaluation since the truck was on lease and the rear ending didn’t effect anything when I retuned the car either.
 
Make sure your car gets repaired at a good body shop, not the cheapest one. Make sure you get a rental while it's out of commission. And make darn sure you watch for medical issues after a few days. I'd be surprised (and you'll be lucky) if you don't end up with some back and neck pain from an impact like that, and it can persist for a long time.
 
Been there, done that, got the T-shirt.

1) You may be sore tomorrow, even though you feel fine now.
2) Uninsured motorist. Say goodbye to your deductible. Maybe you'll get it back in a year or so.
3) Driver's boyfriend shows up on your doorstep (your address in on the accident report) and tries to threaten you into admitting it was your fault, or some other thing (this actually happened to me).
4) Driver skips town because she is already on her 3rd dui and has bench warrants in other states. But, they HAD to let her out "ROR", because you live in a kinder, gentler state. Did I say already you lose your deductible?
 
Not that there’s anything wrong with that ........ :rolleyes:
 
Did you get the other driver's insurance info before they left the scene?
 
wilkersk said:
Been there, done that, got the T-shirt.

1) You may be sore tomorrow, even though you feel fine now.
2) Uninsured motorist. Say goodbye to your deductible. Maybe you'll get it back in a year or so.
3) Driver's boyfriend shows up on your doorstep (your address in on the accident report) and tries to threaten you into admitting it was your fault, or some other thing (this actually happened to me).
3a. Driver’s boyfriend get a Glock stuck up his nose with the suggestion that he go away, before he ‘goes away’ for good.
4) Driver skips town because she is already on her 3rd dui and has bench warrants in other states. But, they HAD to let her out "ROR", because you live in a kinder, gentler state. Did I say already you lose your deductible?
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FIFY
 
Had a similar incident except three of us were involved. I was vehicle number that stopped for someone making a left turn. Vehicle number two stopped behind me, vehicle number three did not. I opened a claim which was subsequently closed after the adjuster for my ins company spoke with me. Ins company for vehicle three paid my original estimate for repairs. Additional hidden damage was found and my car was declared totaled. A check was issued for the additional amount and I got to sign my title over to the insurance company and purchase another vehicle.
 
whole lots of issues, good, bad, ugly, & sometimes pleasant. I do body work on the side, been around industry over 35 years, as well as auto-mechanics, seen more than you can imagine. but wouldn't trade my experiences for anything.

as for comment on using a good body shop? whats a good shop? 99.9% of people here would have no idea, first look at paint booth, see if modern, & not something home made. & preferable with a downdraft system, next see what they use for pulling damage, do they have a frame machine? or just a pulling post or 2? do they have a tram system? to measure to make sure its back square? do they mix paint there? its a nice plus, but smaller shops cant invest. do they have state of the art welding equipment? newer vehicles could require newer processes, like aluminum welding, or silicon bronze welding with a pulsed welder. older vehicles it doesn't matter, & by older if close to a decade or more, you wont need modern welding equipment.

even if totaled a "legal" rebuilder can repair & get it back road worthy, my boss is gone through the hoops. but first see if you have rental car in case, their insurance has to provide you with a car, unless under certain ages. but if no insurance then you insurance will have to pay, if you have it, & then they can sue the individual to recover compensation. if you had liability only, & they had no insurance, then you will be taking them to court, but you will have to buy a vehicle & wait for payments from them, if awarded. like I said there is so much & so many angles
 
I got rear ended on the way to work about 5 years ago. The guy gave his insurance information (or what he claimed was his insurance information) to the state patrol, who gave it to me. When I called that insurance company they said he had dropped the coverage several months before. As insurance is required in this state, he lied to the state patrol. My insurance company could never get ahold of him, so I ate the deductible on my insurance. He's lucky I don't have a way to get in contact with him. I'd turn it over to the state and demand that they arrest and prosecute him for perjury. The law only applies to the law abiding around here.
 
My wife got rear ended a few years ago. We had the car towed to a body shop we knew and liked. We told them whatever they found we didn’t want it totaled.

The insurance company wanted to total the car. The body shop told the insurance company they would work within the limits they set and the insurance company agreed to let them fix the car.

We’ve now had another few years on the car, it has been running great and I didn’t have to buy a new car.

Oh yeah. The wife is fine too.
 
My wife's Lincoln was hit on both right side doors by a (most likely drunk/stoned) A-h0l3 who did not see a big black car and attempted to drive onto the I-35E entrance ramp thorough the car.

Because the above POS driver went along his merry way with black paint on his silver SUV, it was considered a hit-and-run. That alone lowered my deductible from $500 to $250. Yay.

The insurance gal sent me the diminution of value document to fill out, but I don't know if it will be necessary, since only the doors were damaged.

It should be out of the shop next week, so I'll be out $250, but have the car back...
 
This whole thread makes me want to say the phrase oft-used for Best of Nextdoor posts:

This is not a dating site!

:) :) :)
 
The absconding drivers; is a solution to take a photo of their driver's lic (and car, tags)?
 
Let'sgoflying! said:
The absconding drivers; is a solution to take a photo of their driver's lic (and car, tags)?
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IMO, I’d put my phone into video recording mode and get all that I can with it. Including images of them, passengers, what they are saying as they talk to me, etc. Anything that helps track them down and helps my case/claim.
 
AggieMike88 said:
IMO, I’d put my phone into video recording mode and get all that I can with it. Including images of them, passengers, what they are saying as they talk to me, etc. Anything that helps track them down and helps my case/claim.
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Also, them knowing you have that record may motivate them to be compliant later.
 
My sister told a story about my father, years ago driving his Beatle home from work stopped at a red light just down the street from a bar. A Caddy pulls out of the parking lot of the bar, hits my Old Man’s car and proceeds to slide right over the top of it. It comes to rest with three wheels in the air. Apparently, when the cops arrived they got out of their cars and promptly started laughing.
 
Unit74 said:
Scenario-

You are on a 2 lane road and stopped to make a legal left turn onto another street, blinker on, tail lights proven functional. Young driver rams their POS car at 35 mph up your tailpipe and pushes you about, eh....40 ft towards the shoulder. Your car has moderate damage to the trunk, bumper, tail pipe pushed in. Other driver's car is without question totaled.

Cops show up take the report as the other party is being carted off in an ambulance. That driver is loopy, complaining of a head ache and before the cops get their, literally doused herself in purfume and drank three bottles of water, pounding them down. Cops "thinks" she is under the influence, but also seems disinterested in a DWI arrest. You and your passenger have no complaints of injury "right now". Both cars leave on a wrecker as undrivable.

From this point, you have called your well advertised insurance company and tell them, "I pay you to handle these problems for me. Let me know what info you want"

Assuming the car is fixable, which I suspect will be the case, what other concerns will their be? Loss of use? Devaluation? Additional small claims case an option? Or in other words, what hidden issues should be expected at this point? In this scenario, the people are not laywer-up type hood rats that wanna get paid for some false pain and suffering claim. They just want to be made whole.
Click to expand...

You did not include if the rear ender had insurance and what your insurance is. Provided the rear ender has insurance, you will get a rental car, your vehicle fixed, no loss of use and no depreciation. If the car is totaled, you may end with a low ball offer to settle you won’t accept.

You can make the claim on your insurance. You will get a rental if you bought rental car option, the car fixed, ,no depreciation, and will have to pay the deductible. If the car is totaled, you have to see how your company treats you.

If the car is totaled and the settlement is reasonable, you will come out better unless you carry a very high deductible.
 
Reminds of one of Ravioli's True Stories:

My parents and I were on Guam (visiting my brother, not @Greg Bockelman) and the car in front of us came to stop to try and make U-turn to park. My dad stops but the guy behind rear ends our rental car.

Everyone gets out and the passenger of the car behind us gets out with crutches and a leg in a cast.

My Mother says, "oh no, she broke her leg."

Much younger smart ass Ravioli-to-be says, "Good thing she had those crutches and a cast with her today!"

No TV for Ravioli that night ;)
 
steingar said:
My sister told a story about my father, years ago driving his Beatle home from work stopped at a red light just down the street from a bar. A Caddy pulls out of the parking lot of the bar, hits my Old Man’s car and proceeds to slide right over the top of it. It comes to rest with three wheels in the air. Apparently, when the cops arrived they got out of their cars and promptly started laughing.
Click to expand...
So, the cops arrived to the scene of a John Lennon?

(Dead beetle)
 
If not your fault ALWAYS TAKE THE AMBULANCE RIDE. ALWAYS. If you're hit in the rear and don't hit a car, pedestrian, or something else in front of you; it's 99% certain it is not your fault. If the motorist who hit you is uninsured, your uninsured motorist coverage should pay for the amberlamps ride... If they are insured, you need to make certain all injuries are taken care of. Hence, the amberlamps ride.
 
Ghery said:
I got rear ended on the way to work about 5 years ago. The guy gave his insurance information (or what he claimed was his insurance information) to the state patrol, who gave it to me. When I called that insurance company they said he had dropped the coverage several months before. As insurance is required in this state, he lied to the state patrol. My insurance company could never get ahold of him, so I ate the deductible on my insurance. He's lucky I don't have a way to get in contact with him. I'd turn it over to the state and demand that they arrest and prosecute him for perjury. The law only applies to the law abiding around here.
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Exactly right the legal system only applies to those who can pay. The cops and DA aren’t interested in going after this. Don’t get me started on why I have to buy uninsured motorist coverage, just another revolving door for insurance companies.
 
CharlieD3 said:
If not your fault ALWAYS TAKE THE AMBULANCE RIDE. ALWAYS. If you're hit in the rear and don't hit a car, pedestrian, or something else in front of you; it's 99% certain it is not your fault. If the motorist who hit you is uninsured, your uninsured motorist coverage should pay for the amberlamps ride... If they are insured, you need to make certain all injuries are taken care of. Hence, the amberlamps ride.
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To what end? If nothing hurts when you get off the ambulance, the doctor will tell you to come back if something starts hurting. While you're at it, why not demand CareFlite, "just in case"?
 
Personal Injury Lawyer (Generic Legal) Thoughts for the group and original poster:

  1. Call your insurance agent today and buy/increase your Uninsured/Underinsured (UM/UIM) Motorist coverage as much as you can afford. About 5 times a month I have clients severely injured and the at fault party works at Kinkos/McDonalds (they have nothing to their name) and they have a minimum $25k insurance policy, or no in-effect insurance coverage.
  2. UM/UIM coverage will step in to cover you in a hit and run or if the at fault driver doesn't have insurance coverage or has a minimum policy which won't cover the amount of your claim.
  3. If you are hurt at all, call a personal injury lawyer. We give free consultations. You WILL get more money from the insurance company even AFTER paying the lawyers fee. Last year, a friend of mine called me asking if his wife got a "good settlement" from her injury wreck that my "good friend" handled on his own because he thought he was smarter than the insurance company. I blew smoke up his ass about the supposed value of his wife's claim but they lost about $20-35k (in their pocket after paying my fee) by handling it themselves.
  4. If the other driver has insurance, a personal injury lawyer can help you with the diminution in value of your car after repairs.
  5. Unless there are serious injuries the other driver being arrested for DUI would not appreciable increase the settlement range. Some yes, but without serious injuries your recovery will be lower.
  6. Generically, Cops and highway patrol will set up DUI checkpoints, stake out roadside bars, to write DUI tickets. But when it comes to car wrecks they aren't always interested in looking for a DUI unless someone is seriously hurt/killed because they know you'll be taken care of and get paid in your civil lawsuit.
*this is not legal advice.
 
Every accident I have been in (on public roads) I have been stopped, at a red light, and hit head on or near head on, by a woman driver.

Not a single one had insurance. Which is how I once took possession of a 1976 Ford Town & Country station wagon that I repaired and used in a demolition derby.
 
overdrive148 said:
What's POA'S thoughts about umbrella policies?
Click to expand...

denverpilot said:
They buy you a lawyer and protect assets. And they’re cheap. If you have assets, they’re pretty much a given.
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Umbrella policies as a rule are a must have if you have personal/business assets you want to protect. An umbrella UM/UIM policy are super cheap and may take care of you and your family in case of a catastrophe loss or injury.
 
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imwithtuxedo said:
Umbrella policies as a rule are a must have is you have personal/business assets you want to protect. An umbrella UM/UIM policy are super cheap and may take care of you and your family in case of a catastrophe loss or injury.
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I don't have any assets worth protecting yet, business or otherwise (no land/house/etc).

I have assumed my auto insurance policy was enough coverage without anything else. Never had an accident though.

Comprehensive:
500 deductible per occurence

Collision:
500 deductible per occurence

Liability Coverage:
Bodily Injury - 100,000/300,000 per person/per accident
Property Damage Liability - 50,000 per accident

Injury Coverage:
Uninsured/Underinsured Motorist Bodily Injury - 100,000/300,000 per person/per accident
Property Damage Liability - 5,000 per accident
Medical Payments - 100,000 per person
 
overdrive148 said:
I don't have any assets worth protecting yet, business or otherwise (no land/house/etc).

I have assumed my auto insurance policy was enough coverage without anything else. Never had an accident though.
Click to expand...

That is another assessment. If you truly hit someone and disable them, their lawyers are coming after you for the salary they made, times the number of years they would have made it. Auto liability often is way too low for that.

The umbrellas are usually the cheaper way to add that than upping the auto liability. But if you go above a certain amount on an umbrella they’ll make you bump the underlying liability on the auto and the home to a minimum level.

So you can’t cheat and lower the auto to State minimums and buy a monster umbrella on top.
 
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