car accident-not enough insurance
MrBrian
Posts: 2,672
A teenager drove his car into the back of mine, at about 35mph. My damage is over 20k. Now the teen's insurance can't cover the damage fully because he only has "basic" insurance (I think that's the name).
anyone been in this kinda situation? Also now that the car is damaged/been in an accident the value drops, so how can I claim the depreciation value from the insurance? My insurance will be paying the difference for the "fix" but I still will lose money when I sell it due to it being in an accident.
and please people, I can't stress this enough, pay attention to the road, keep a safe distance from the car infront of you.
I feel bad for the kid and his family, I mean this is gonna haunt them financially for a long time,but hey, good thing everyone came out without any major injuries. So it's all good.
anyone been in this kinda situation? Also now that the car is damaged/been in an accident the value drops, so how can I claim the depreciation value from the insurance? My insurance will be paying the difference for the "fix" but I still will lose money when I sell it due to it being in an accident.
and please people, I can't stress this enough, pay attention to the road, keep a safe distance from the car infront of you.
I feel bad for the kid and his family, I mean this is gonna haunt them financially for a long time,but hey, good thing everyone came out without any major injuries. So it's all good.
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Jesus. Rear-ending you at 35mph!!?? It is a relief to know everyone is ok, but what the hell was he/she doing?
BTW: I want to see your 9/11 video you posted earlier but I only get audio, any suggestions?
9/11 video, Not sure why you are only getting audio, I'm not that great with computers, I can only guess that you need to download something. sorry bro
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He just was not keeping a safe distance from the car infront of him (me), also a major intersection was coming up and it seems like he was gonna cross it at an accelerated speed. He also had a long skid before he hit me so he was moving faster than 35, maybe 50? but slowed to 35 before he crashed . I dunno, but if you are gonna drive quickly, first learn how to.
But I'm sure he's a better driver because of this lesson,
- Mr. Edward Vedder 7/11/03
lawyer up.
Get an attorney and see what are your limits in collecting. To many new laws yearly to speculate. Btw...What state are you in ????
Ya, it does... Not sure where you are from Mr. Brian, but most states have manditory minimums that you have to be isured for, and $20k should be well withing that minimum.
was like a picture
of a sunny day
“We can complain because rose bushes have thorns, or rejoice because thorn bushes have roses.”
― Abraham Lincoln
I'd just take the money and shop for a new car.
Here in NC, if the total damage exceeds the Blue Book Value- they "Total" the car out and you get the Blue Book cash value, of the car.
seems like insurance needs to be fixed....
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The damage is over 20k, but that's still well under the cars blue book value.
I have a few pics that i'll post tonight if I'm able to upload them off my friends cell phone. I'm really bad with computers and doing things like that.
I think this basic insurance thing is crazy, I can't even get a rental car out the company for the full time my car will be in the shop, the payment has to come out of my own pocket after a month (total shop time will be around est 2 months)
Yeah, I agree...what the heck you driven...;)?
I carry under-insured/uninsured coverage for cases such as this...
I just read it's going to be 2 months before your ride is ready...perhaps you could pick up a beater car in the meantime, something to get from point A to point B...and then sell it when your "benz" is ready...
Are you criticizing him? Someone hit his car and he wants it fixed...
I dont understand your comment.
I live in a no-fault state. I am suppose to have collision on my car for it to be covered. I only had the basic and thru a law call a "mini-torte" I could only get $500 from the other driver's insurance. I cannot sue him or his family cuz of the law, except maybe in small claims, since he was 100% responsible. I didn't sue him. It would had only been $1700 at that time.
I am so sorry to hear this happen to you. I hope you are all right. My accident caused me lifetime back isues and about 5 years after the accident, I started having seizures.
So far the insurance company has paid for my seizures medical bills, although there is still some question whether the accident really caused them. Dr's say that closed head injuries can, and often do, manifest a few years later.
Again, I hope this works out for you. Sorry.
I've been dealing wiht this no-fault crap, and my accident since 1995. It is MY insurance paying for everything. I did have to sue them though, twice...and we just started a third suit.
~Ron Burgundy
When I was 7 years old my life was dramatically changed by a pick-up truck that slammed into me at about 80kph (50mph), I almost died.
18 years later I am one of the most responsible drivers anyone will ever know.
Recently I looked into buying a 1994 Volkswagen Jetta with $75,000 km for $2,200. A great deal I thought. When I tried to get an insurance quote, I was quoted $400/month, $300/month if I was female.
I thought maybe it was the year, make or model of vehicle I was choosing, I tried changing between 1994 and 2006, 4dr and 2dr. I tried just about everything and it was always $400/month unless I selected female.
Mr. Brian, I would suggest small claims court for the remainder if not all of your claims. Especially if you have a sore neck. My experience was very traumatic and life-threatening and I scored $100,000 from it, $33,000 went to my Lawyer of course.
I'm sad to hear about your post accident troubles
Yeah my insurance said that they only cover a rental for one month, they will however be paying for the work done on the car that the other parties insurance can't pay for. But my insurance is not going to help me out on the depreciation value of the car. So when I sell the car it'll be sold as a car that's been in an accident and fixed, so the car's value will drop significantly. so in the end i'll lose out.
They will tell you there is only a two year statute limit, again not necessarily true.
I sued 8 years after the fact. There are loopholes to the statute limit.
I think the small claims limit in your state is $5,000. You can recover some there from the kid.
I know that you are going to take a loss no matter what. I am sorry to hear that.
Right after my accident, I was pissed about losing my car and not getting the value recovered. That pissed me off more than anything.
When the seizures started, the insurance company ended up paying me WAAAAY more than what I thought I should had got for the car. I would had taken the amount I wanted for the car and signed off on future claims.
In the end, I guess its good I didn't recover that money.
A 19 year old hit me. He was working for a catering company and was in a van. He claimed the brakes failed. The police said the brakes were fine. I have no idea what he was doing.
I was on a freeway service drive, stopped at a stop sign for traffic coming off the freeway. No one was behind me when I stopped. I was the only one on the service drive. He came up behind me on the service drive, he wasn't on the freeway at any time, and just plowed right in. He never even braked.
It was daytime and dry out. I cannot for the life of me figure out how he didn't see me. He had to be doing something else, and/or thought I was going to move before he got there.
He felt real bad. As we waited for the cop and ambulance. I ended up consoling him.
Anyway...whatever you do, don't sign off. I hope in the end this sin't going to be too bad for you.
His insurance limits only covers his losses... his injuries and damage to his car. If he is only carrying the Basic legal coverage, 15,000.00 medical, 30,000.00 liability... that means he has to cover the costs that his insurance cover beyond those limits.
so, if damages to your car exceeds $30,000.00... his insurance covers the full costs and will go after him for the balance.
(That's how it works in California).
...
As for the vehicle... accident vehicles in California are given a "Salvaged" status if the repairs to the vehicle exceeds X amount of dollars. This lets the buyer know that the car has been in an accident. Many cars are salvaged due to theft for parts where the parts needed to be replaced and the new paint exceed a certain percent of the vehicle's value. These vehicles are great buys... but, bad for sellers.
Good luck with your delima. I would check with your State's Department of Motor Vehicles regarding this.
Hail, Hail!!!
Our basic, have to have, insurance covers $100,000 medical and it does cover liability for property damage, but not for the car it hit. Its more for things like if you hit a house, garage..that kind of property. One has to have their own car covered with collision to get any money for the car, regardless who is at fault.
EDIT: amd most fo the time the medical coverage is for yourself and people in your vehicle.
No Fault is good because it forces the insurance companies to fight over the money, not the insured. Your insurance company would cover your costs and go after his insurance company to pay, rather than making you have to go after him... right?
But, I'm not sure about the deductibles... how does that work? Like, if I have a $500.00 deductible on my car and the damages cause by someone else hittin it is $1,000.00, who pays the balance? are there even deductibles in No Fault?
...
I raised my limits to 150,000/300,000 to cover the liabilities so they won't be able to take my house from me. That's if I am the one that is responsible for the accident and loss.
Sure, I pay more on the premium... I don't give a crap about my cars. it's just a case of, "Just In Case" for me.
Hail, Hail!!!
I don't think my company goes after his...I'm unsure, but here is why I think this. In the case of my accident, we both had State Farm, to date thousands have been paid...even more than the $100,000 medical that is supposedly the cap on basic no-fault, so that part really isn't true either, anyway...to date it hs only been my policy number that has paid anything, not his. From what I understand, his policy is not responsible.
They tell me that is why they call it "no fault".
There is something about if the other guy is 100% at fault, I can't remember, but I think that is how they decide how much of that $500 one is to get. If I was 10% at fault, I wouldn't had got the whole $500.
Note: It doesn't matter if you cause the accident, your medical bills will still come out of YOUR policy, so yeah raising your limits helps you, but only saves you from medical bills wiping you out. I have been told that in a no-fault state I can't lose my house because the other person sues me. They can only sue in small claims to my knowledge.
If the other person is injured, THEIR insurance is to cover them. There are a few times that the other guy is responsible, but very few and unique times.
I believe that it's my insurance company that has to go after him or his company but I still won't see any of what they may get. so I'm at a loss no matter what.
I also don't want to put his family in a position that'll have them making payments towards me for X amount of years, regardless of the fact that it was their fault, It's not right I don't think. I guess i'll take the loss on this one.
His insurance wil pay you $500 now though. In my case, his insurance company, which was mine too, just sent me the check, I didn't ask for it or anything.
You may need to call his insurance company. Did the kid get a ticket> If yes, his insurance will pay, no problem, but they may need to be aware of the accident and that the kid was at fault.
I got the $500 within a few days of the accident. It helped.
Yeah he got a reckless driving citation. Things are in motion as far as both insurance companies go, they all know the story, but I'm prety disappointed with my insurance company, they are not very helpful.
My lawyer says State Farm is one of the worse for paying after an accident and that Framers is the best.
I also have State Fram for my home, and they are wonderful about that...it is just the car insurance part.