Car wreck-need advice

[evenslower]

I'm really po'ed so maybe this should have gone in the flame forum but I need advice more than I need to rant.

Got t'boned in in the wife's new Odyssey yesterday with her and the baby in the car. Long story short, guy pulls out of parking lot, we're travelling about 35 and he slams into the passenger side sliding door and front door. Everybody is OK. Took the baby to her Dr. just for piece of mind since she was in her car seat next to the door Joe Idiot hit. I'm a little sore and had a headache all evening yesterday, but mostly from wanting to strangle the guy. May go to the chiro today, not sure.

Of course he has some no-name, never heard of 'em ins co so I'm not looking forward to dealing with them.

Questions are: We're supposed to be travelling out of town this weekend in the van but the sliding door doesn't work properly and I'm afraid both weatherseals on the two doors may leak. Should his ins co give me a rental?

Should his ins co pay for any related Dr bills (baby's checkup)?

Should I just go ahead and file with my own ins co, pay the deductible and hope for the best?

Should I just get a lawyer and save myself the hassle?

How in the he!! am I going to get to DW? I traded in my Z71 to get my wife this van and its our only vehicle with a hitch. I doubt it will be repaired by then.

I've never dealt with this before so any advice is appreciated.

Oh, any body shop recommendations in the Lewisville,TX area?

 

[jboomer]

This has been my experience (4 wrecks, all the other drivers fault):

1. Yes, his ins. co. is supposed to get you a rental car (while yours is in the shop: if yours is driveable, I don't know if they still have to do it or not while yours isn't in the shop)

2. His insurance is supposed to cover all medical expenses derived from the accident. Including your baby's checkup.

3. You must call your insurance company. If he was found at fault (by the police officer) or if the insurance companies (they talk to each other) find him at fault, you don't have to pay a deductible. The other drivers (the "at fault" driver) insurance will cover all expenses.

I'm pretty sure this is how it works. Like I said, I've got plenty of experience in this area. If I'm wrong on any of these, feel certain that I'll quickly be corrected! Good luck and I'm glad you three are OK. Remember, it could ALWAYS be worse.

 

[JuliusPleaser]

Insurance claim procedures vary from state to state. If the police report states that the man who hit you is at fault, you need to contact his ins company and ask if the man has filed a claim. If he has, you're good to go.

In Alabama, you are NOT required to take your vehicle to the shop recommended by his ins company. You should make absolutely certain that whoever does the repairs to your van uses OEM parts. Most ins companies will try to 'direct' you to a shop that will use salvaged parts or cheap knock-offs instead of OEM parts. Take it to a shop that has a good reputation or one that you are familiar with.

You should be provided with a rental car immediately. Most ins companies will replace your bent vehicle with something that is similiar if you insist. The last rental I had was a Dodge Ram pickup. I hated to give it back. . . :confused: When you drop your van off at the body shop, the rental agency should have your rental vehicle there for you already.

If his insurance company gives you any crap, go ahead and hire an attorney. Just make sure that you're not on the hook for his fee. You also need to keep your ins compoany informed of any BS they try to feed you.

Keep us posted. I love this stuff.

 

[slo' mo]

evenslower,
1) make sure you get ALL of you checked out medically. Keep a copy for your records.

2) let YOUR insurance co. fight the fight for you.

3) get yourself a rental. Your insurance will add it to his bill. Just keep your records.

4) get in touch with any witnesses you can and give their contact info to your insurance. also get a copy of the police report.

5) don't think by skipping anything like rentls or doctor's visits that your insurance will go lighter on you. An accident will eventually haunt you even though it wasn't your fault in later policy renewal. Might as well get everything you are currently paying for.


I had a similar situation years ago where a guy hit me who had no insurance but a valid card. He had payed the iniitial deposit but knowingly not folowed up so they cancelled him. He tried to offer cash if I didn't file on his insurance but was way below the market value of my vehicle (clue #1 he wasn't insured)
I called him to counter offer after I had been to the doctor and checked out and we wound up fighting over the phone. I called his insurance only to have them tell me they had no policy from him.
I called MY insurance and they made a call to have him settle but he ignored them. The next week he was calling me because they had him picked up and had garnished his paychecks :yeehaw:
Let your insurance work for you. Everyone knows you certainly pay them enough.

 

[slo' mo]

Oh, and out of the 40 some-odd Texans going, we can get you to DW! PM me with your schedule, or post in the NTSP forum.

 

[Tod]

If the vehicle was nearly new, even after being repaired with OEM parts, the value will be diminished. You have the right to be compensated for this diminishment of value. Insurance companies hate this and will fight it every step of the way, but it can be done. Go to kbb.com to establish the reduction in value.

 

[JuliusPleaser]

Slo Mo, that's what i meant about different states, different procedures. In Alabama, you can get away with stuff like not paying if you're responsible for an accident. Alabama just passed a mandatory liability insurance law a couple of years ago. For years, people were allowed to drive around with absolutely NO insurance. I've been lucky. I've made a profit off all my accidents that weren't my fault. A man's time is worth money too.

Evenslower, just don't let anyone intimidate you or coerce you into doing something that doesn't make you happy.

It's not just the 'no-name' companies that you have to be wary of. I walked into a body shop yesterday and their #1 body man was livid because (an ins company that uses a lizard in its ads) required him to replace a quarter panel with a used part. The car he was working on was a year-old Suburban.

Like Tod said, you should also pursue compensation for depreciation.

 

[Thump]

Check your PM's

As far as the body shop in Lewisville, Huffines collision Ctr 972.219.5149, speak with Jeff Ball.

 

[Tod]

required him to replace a quarter panel with a used part.

I made sure the body shop understood that I was calling the shots, the car got only new OEM parts and I would deal with the insurance adjusters myself.

Another useful tactic is to do all your corespondense in writing (email, letters).
It's hard to prove what's been promised over the phone.
The insurance company hates me :p

 

[evenslower]

Thump, I pm'ed ya.

Thanks for all of the info guys. Things seem to be going in the right direction from what I can tell. The guy admitted liability to his carrier so we've got some details to work out now. I'll either post the outcome or another rant here soon.

Keeping my fingers crossed.

 

[dave186]

Insurance companies just piss me off, even my own. I wrecked my car a few weeks ago and I still have no answers to anything. I cant say the accident was totaly my fault, but most likely I will get a portion of the blame. it was a 3 car pileup on the freeway and I was the last car, I and the middle guy both got cited. the other guys insurance kept calling me and hounding me, and I told my agent about it and she said to not tell them anythign and just refer them to her. I didnt have collision on my policy, so I think im going to be pretty much screwed and just have to part out the car. I already bought a new truck, and its got FULL coverage :thumb:

after dealing with all this crap, I got rear ended monday while I was in our truck from work. not no pickup truck, a big ol cab-over box van (26' I think). this time it wasnt my fault for sure. I was stopped waiting for a guy ahead of me to turn, and whamo! Didnt hurt my truck but it messed the guys van up pretty good!

dirt bikes are much safer than driving!

 

[Tod]

dirt bikes are much safer than driving!

At least trees stay in one place and don't run into you :)

 

[XRpredator]

Tod said
At least trees stay in one place and don't run into you
That's not what I tell my wife . . .

Them dang ol' trees got it in for me for some reason . . . :confused: