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Wife was in bad car wreck - Just keeps comin' !Doh! Need the THT braintrust, please!

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Wife was in bad car wreck - Just keeps comin' !Doh! Need the THT braintrust, please!

Old 06-12-2014, 07:27 AM
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Default Wife was in bad car wreck - Just keeps comin' !Doh! Need the THT braintrust, please!

Yes - I'm an existing member and need help, badly...

First things first. Wife and kids were in a pretty bad car wreck. (T-Boned by a person with NO US license (Passport only for ID... whatever the hell that means) that ran a red light.
I arrived at the scene about 20 minutes after it happened and the first words out of the officer's mouth were that my wife and kids appear alright and that we're VERY lucky...

I looked at my wife shaking (kids were inside the building they had left) and the car is so bad that the clutch is where the brake was and the brake is where the gas was...
Turns out I was "lucky" because a) they're alive and b) we had not one, but TWO witnesses as to the red light being run. The driver got a ticket for the license and the red light.

So we're solid on the 100% liability issue.

Kids appear to be ok (still going to get checked).
Wife is rough... bruised, soar, ankle is fubar'ed basically her left side is messed up from her neck to her ankle... and now she has this f'ed up cough that we don't know what caused it...

Anyway... what made me throw up my hands and post this is to share the story and ask that if anyone had any insight... I sure could use it. Never had to deal with a wreck like this before. The car is was deemed a total loss... and here's the first "hitch".

My insurance company (I'm VERY happy with them...) is using the same vehicle as my wife's car, EXCEPT they are using it with AUTOMATIC transmissions... my wife's car was a MANUAL transmission (which is what we want to replace it with!)...

I'm told that they use sites like Autotrader and some other sites for valuation (basically, what will it cost to replace)... and there is about a $2-3k difference between automatics and manual transmissions...

He sent over comps and they were all autos...
I spoke with him and he said, no problem... send over manual trans...
I did...
He send back over 3 more comps... 2 out of the 3 were automatics...
I'm like ?Huh?
... and I'm waiting to see what he says... perhaps an oversight?

Lawyer is telling me "like kind" and if yours was a manual, the comp needs to be a manual. If manuals are more rare, they'll sell for more... and that's what you should get. Apples to apples (with adjustments for mileage and/or options)...

So... sorry for the long rant, but between her being all messed up and now dealing with all this... I could sure use your input and/or thought... this is a tough one.

Thanks much for reading!
Me
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Old 06-12-2014, 07:37 AM
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Very happy that your kids made it out okay. Sorry to hear about your wife. Might start the process of filling a civil lawsuit before the perp leaves the country or the witnesses move. Get his statement from the police if possible. File FFIA now if it were me to get the police report. Get statements from witnesses. Don't settle on the auto. There's no harm in the insurance company trying to get you to take a cheaper car. That's their SOP.
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Old 06-12-2014, 07:42 AM
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Good to know wife and children are ok, cars can be easily replaced.
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Old 06-12-2014, 07:46 AM
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Glad to know your family is okay. The car issue will work itself out, so don't get too worked up about it. Keep an eye on that cough (i.e., get to a doctor).
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Old 06-12-2014, 07:49 AM
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Insurance payouts are a negotiation. Treat it as such and it will work itself out.
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Old 06-12-2014, 07:51 AM
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Keep fighting with the insurance company about getting the appropriate amount for your replacement vehicle. Don't release the vehicle to the insurance or auction that will e getting your car then you lose leverage on the negation's. This happens all the time with insurance companies (manage a collision shop) make sure they included tax and title fees with the settlement.
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Old 06-12-2014, 08:00 AM
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Originally Posted by Rheeder218 View Post
Keep fighting with the insurance company about getting the appropriate amount for your replacement vehicle. Don't release the vehicle to the insurance or auction that will e getting your car then you lose leverage on the negation's. This happens all the time with insurance companies (manage a collision shop) make sure they included tax and title fees with the settlement.
Dang it!
I did release the car already. They told me this way the storage fee wouldn't go crazy. I released it to my insurance co. not the other company. How bad did I screw up?

They did include tax and fees, etc. So that's a good thing...
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Old 06-12-2014, 08:02 AM
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Originally Posted by Ronn Burgandy View Post
Glad to know your family is okay. The car issue will work itself out, so don't get too worked up about it. Keep an eye on that cough (i.e., get to a doctor).
She's going to go to the Doc sooner than later. I was telling her that I'm typing this and she tells me her ribs on the left side hurt when she coughs... woman waits how many days to tell me this. Geesh.
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Old 06-12-2014, 08:04 AM
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Great news that everyone is OK.

100% on the negotiation. I was able to get about 5,000 more on a wrecked minvan by FLOODING them with comps. I think they eventually just gave up.

They make their money by taking is as much as they can, and paying out as little. Not criticizing but I firmly believe their business model is about running over anyone who will let them, and paying out fairly only when they are pushed hard.

I will wish you more good luck, cause you already hit the lottery on the injury front. No one got hurt
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Old 06-12-2014, 08:25 AM
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Originally Posted by cjd View Post
Great news that everyone is OK.

100% on the negotiation. I was able to get about 5,000 more on a wrecked minvan by FLOODING them with comps. I think they eventually just gave up.

They make their money by taking is as much as they can, and paying out as little. Not criticizing but I firmly believe their business model is about running over anyone who will let them, and paying out fairly only when they are pushed hard.

I will wish you more good luck, cause you already hit the lottery on the injury front. No one got hurt
That's the part I guess I didn't think would happen. I figured that my insurance company would subrogate on my behalf fully since it wasn't at all their customer's fault...

Live and learn? Or perhaps after they see the error in the comps they'll work with it.

To make matters worse -- they told me we only have the rental for 7 days from yesterday since that's when they made the "offer"... guess that should have been my hint as far as who was acting on who's behalf.

This sucks. But you're 100% right... at least everyone is alive. Cop said that it could have easily been a very different scenario. Never really been "scared" by this type of thing... I guess until it happens to you, you just don't realize it.

Thanks again.
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Old 06-12-2014, 08:35 AM
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This can go both ways. When my cars were totalled by a flood, the comps they came up with were too high. They quoted ads for my Jeep which were full list price, when the cars were being heavily discounted/rebated, and they quoted a car in a trim level higher than what I had. I got a number 4 or 5k over what I'd paid just 6 months before, and I turned around and bought another brand new one for the exact same deal I'd originally gotten. So the extra went in my pocket. It was a head scratcher - why didn't they find the deal I did by calling the dealer in the next town over? I'd have had no complaint if they gave me what I'd just recently paid. But I guess they don't do that, they look at ads.

For my 10 year old Ford, I don't know where they got the number because no one was ever going to pay me that for it pre-flood.

But, it's not like I asked them to give me all that. And then of course they non-renewed me.

Maybe you need to help them out and just find some listings for an equivalent one with a manual and show them.
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Old 06-12-2014, 08:35 AM
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7 days after their "offer" is pretty standard but IMHO they haven't made an "offer" yet as they can't seem to find a comparable manual. May also want to put your company on notice of a possible UM/UIM claim. At risk of sounding cold, what I have seen is that many "foreign people" don't have more than minimum limits of liability. Depending on your state, that usually isn't very much. Just a head's up.
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Old 06-12-2014, 08:38 AM
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We were rear ended and our Toyota Sienna van totaled..

It was worth $5500 and the best I could get out of them was $3500.

They produced a list of vehicles for sale from local dealers...actually, up to 100 miles away. All the list prices were about $5500. They told me that all of them would reduce the price..?? Like hell. The dealers all asked me what was the appraiser smoking.

One of the reasons we sued them. And the young girl who was texting instead of driving.

The other reason we sued was when my wifes hospital bill was not being tended to and the hospital turned us over to collection agency. I have never had a bill collecter after me in my lifetime, and we were the injured, not at fault party and two different insurance companies could not manage to pay the hospital bill..

Good luck.

Last edited by triumphrick; 06-12-2014 at 05:17 PM.
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Old 06-12-2014, 08:42 AM
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Originally Posted by JinxCar View Post
Yes - I'm an existing member and need help, badly...

First things first. Wife and kids were in a pretty bad car wreck. (T-Boned by a person with NO US license (Passport only for ID... whatever the hell that means) that ran a red light.
I arrived at the scene about 20 minutes after it happened and the first words out of the officer's mouth were that my wife and kids appear alright and that we're VERY lucky...

I looked at my wife shaking (kids were inside the building they had left) and the car is so bad that the clutch is where the brake was and the brake is where the gas was...
Turns out I was "lucky" because a) they're alive and b) we had not one, but TWO witnesses as to the red light being run. The driver got a ticket for the license and the red light.

So we're solid on the 100% liability issue.

Kids appear to be ok (still going to get checked).
Wife is rough... bruised, soar, ankle is fubar'ed basically her left side is messed up from her neck to her ankle... and now she has this f'ed up cough that we don't know what caused it...

Anyway... what made me throw up my hands and post this is to share the story and ask that if anyone had any insight... I sure could use it. Never had to deal with a wreck like this before. The car is was deemed a total loss... and here's the first "hitch".

My insurance company (I'm VERY happy with them...) is using the same vehicle as my wife's car, EXCEPT they are using it with AUTOMATIC transmissions... my wife's car was a MANUAL transmission (which is what we want to replace it with!)...

I'm told that they use sites like Autotrader and some other sites for valuation (basically, what will it cost to replace)... and there is about a $2-3k difference between automatics and manual transmissions...

He sent over comps and they were all autos...
I spoke with him and he said, no problem... send over manual trans...
I did...
He send back over 3 more comps... 2 out of the 3 were automatics...
I'm like ?Huh?
... and I'm waiting to see what he says... perhaps an oversight?

Lawyer is telling me "like kind" and if yours was a manual, the comp needs to be a manual. If manuals are more rare, they'll sell for more... and that's what you should get. Apples to apples (with adjustments for mileage and/or options)...

So... sorry for the long rant, but between her being all messed up and now dealing with all this... I could sure use your input and/or thought... this is a tough one.

Thanks much for reading!
Me
I would handle the car claim yourself and hire a personal injury attorney (they will take it on contingency) for that part of it ASAP. The soft tissue damage that comes from a wreck like this can manifest itself several days, if not weeks, after the accident and result in months to years of physical therapy (this will translate into allot of $ out of pocket for you). Make sure your wife is thoroughly checked out by dr, as well as your kids.

Your insurance company is not on your side and even though they are going to seek subrogation (if they can in this case b/c it is not clear if the other driver has insurance) they will try and minimize the claim.
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Old 06-12-2014, 08:56 AM
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Originally Posted by JinxCar View Post
Dang it!
I did release the car already. They told me this way the storage fee wouldn't go crazy. I released it to my insurance co. not the other company. How bad did I screw up?

They did include tax and fees, etc. So that's a good thing...
Not that screwed just going to probably have to fight more. Find your own comps and send them to them. Don't know if your car was in a storage yard or collision shop but either way that place was making the money off the storage. Which the insurance companies don't like to see. Just keep pressuring them they will eventually fold.
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Old 06-12-2014, 09:09 AM
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Agree with everyone telling you to flood them with information and counter-examples. The more solid evidence you can provide them, the more likely they will agree with you. When I was in a motorcycle accident, I handed the adjuster a list of all the damaged parts and links to places where I could procure replacement parts. He checked it all out and eventually wrote me a check for the parts and included an amount for my "shop time". If worse comes to worse, get an attorney. But that will cost you money, so you may want to figure out the point at which you would be willing to accept an offer and be done with it.

I also agree with getting an attorney to address the long-term impact of the physical injuries. Do not sign off on anything without consulting with a lawyer first.
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Old 06-12-2014, 09:10 AM
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Glad all involved are OK.

Was the other driver using a rent a car? Was the rent a car in poor condition, brakes failed etc? If so they have deeper pockets then some tourist.
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Old 06-12-2014, 09:15 AM
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Originally Posted by 08087 View Post
Glad all involved are OK.

Was the other driver using a rent a car? Was the rent a car in poor condition, brakes failed etc? If so they have deeper pockets then some tourist.
Other driver was driving his daughter's F-150 pickup truck. She is the owner and has insurance. Make of that what you will... ?
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Old 06-12-2014, 09:19 AM
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Why aren't you dealing with the at fault driver's carrier for your damages rather than yours??
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Old 06-12-2014, 09:20 AM
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Originally Posted by VanderLaan View Post
Agree with everyone telling you to flood them with information and counter-examples. The more solid evidence you can provide them, the more likely they will agree with you. When I was in a motorcycle accident, I handed the adjuster a list of all the damaged parts and links to places where I could procure replacement parts. He checked it all out and eventually wrote me a check for the parts and included an amount for my "shop time". If worse comes to worse, get an attorney. But that will cost you money, so you may want to figure out the point at which you would be willing to accept an offer and be done with it.

I also agree with getting an attorney to address the long-term impact of the physical injuries. Do not sign off on anything without consulting with a lawyer first.
Understood. We have the atty for the PIP part of things... I was really happy with my insurance company after a different accident (also not her fault... doh)... so I'd rather take the approach of looking at it fairly than the bull-in-china-shop approach...

Right now, I'm remaining hopeful that it's a logistical error (not realizing the difference in value between man. & auto) and the comps will work out...

Thank you again all!
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