Repairable or Totaled? Do I have any kind of say?

by Guest » Mon Mar 09, 2009 08:31 pm
Guest

Hey, I am posting today to hopefully get some advice on a motor vehicle crash I was involved in.

A bit about the crash:
So I was heading north and the intersection ahead had a flashing red light. There were a few cars that were stopped all around the intersection and they were going one after another just like a four way stop. So when I reach the intersection I stopped at the stop line and to my left a car stopped at the stop line as well. Well as soon as this car stopped I felt that treating this intersection as a four way stop was 100% the thing to do. So I started to proceed through the intersection however because of poor road conditions I did not take off right away and was spinning out a bit (however I was already in the intersection). As soon as my car was 3/4 a way through the intersection a white truck hit the passenger side of my car (at probably 50KM or even faster since that road is a long straight stretch. The driver of the truck claimed she had a solid green light but I can't see that because all the cars at the intersection before I got to it were treating it like a four way stop and then when I got to the intersection the car to my left stopped at the stop line. I would of been nice if that car to my left had stopped to give their story but they toke off. So I don't think I am at fault (Still waiting on police report) and I think even if the other driver did have a solid green that she should of been able to see me already in the intersection. I have never heard of a flashing red light combined with a solid green light however. I am guessing she probably had a flashing yellow in which cause she still would of had to yield to any vehicle already in the intersection.

My car is a 2008 Pontiac Wave with only 8,000KM on it. The whole passenger side was smashed in and it even caused my glove box to pop open and was unable to close after the crash. The front right wheel was pushed in from the top and is sitting at about a 40 degree angle. My car is front wheel drive so I am assuming that a lot of other things would be damage such as steering and drive train. So to my initial question... Will I have any kind of say into whether my car should be claimed totaled or repairable. I would love it if they said it was totaled and I got enough money to pay off the car. I just don't think I should be stuck making payments on a 2008 pontiac wave with only 8,000KM that was in a major accident. The car was just a year old and now if I get it back repaired the price has already dropped a bunch because of the crash. I am hoping they claim it totaled so I can start financing a new car and not be stuck with the wave. Based on what the tire looked like I am pretty sure there is frame damage as well. So if my insurance says they are going to repair it what should I do? Is it worth trying to talk it over with them? Or should I get another appraiser to look at the damage to get a second opinion? If this was an older car I wouldn't car if it was to be repaired but because it is so new with only 8,000KM I don't think I should be stuck with a 2008 repaired car. Sorry for such a long post but I am very stressed out and just looking for some good advice or opinions on the matter.

Total Comments: 2

Posted: Mon Mar 09, 2009 08:45 pm Post Subject:

Another question.. If it turns out I am not at fault will my insurance provider work with me to help me get what is fair from the girl's insurance? From what I understand if my insurance was the one having to pay for the repairs or to write the car off they would try to take the cheapest way possible but if the other insurance is going to pay for it will my insurance help me get what is fair? Or is that not part of their job? I am only 20 and this is my first vehicle accident so I am completely new to all of this.

Posted: Sat Mar 14, 2009 10:42 pm Post Subject:

You've given a lot of information and asked a lot of questions. I may not be able to give you everything you need, but hopefully this will get you started.

If it turns out that you are not at fault, then you will be dealing primarily with the girl's insurance company. You will be dealing with their claim adjustor, and they may handle it several different ways. Some insurance companies have authorized body shops...where you simply have your car towed to them and they will do the appraisal, etc. Normally for a car to be totalled, the repair bill has to be a significant portion of the value of the vehicle. Being that it is such a new vehicle, you may have some significant depreciation...and this could hurt your ability to pay it off. The job of any insurance claims adjuster is to handle everything the cheapest way possible (this does not mean they will be unfair to you or unethical...that's not what I mean)...but an insurance company is a business that must remain profitable.

Do you have gap coverage? Do you know what your payoff on the vehicle is?

If the accident is NOT your fault, and the insurance company does decide to fix the vehicle...you may be entitled to some compensation due to the fact that the car will now be worth less. I would never suggest to anyone that they try and milk a claim for all it is worth...but make sure that you look out for yourself.

A lot of this will also depend on the other girl's insurance...if she wasn't adequately covered...do you carry underinsured driver coverage?

I don't want to guess on the nature of the accident, nor do I want to give my opinion on who will be found at fault because I simply cannot tell. However, if you feel that you are being mistreated...you may wish to contact an attorney to help you with the process. If it is found that you are at fault (or at least responsible for your vehicle's damage), then the process will be handled a little differently.

If there is any more information you need from us, or any clarification...feel free to post!

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