accident advise

by Guest » Fri Jan 01, 2010 01:25 am
Guest

Please anyone with any good advise. I was in a 3 car accident in NJ almost 2 wks ago and just yesterday I finally received the police report specifying the driver who hit me from behind being at fault as I was driving the car in the middle. I received damage front and back. It is a 08 Infiniti G35. I've filed a claim with my own insurance company and so far their service wasn't good, I took a day off and drove the car to their drive in to get appraised only to be told he estimates around $8k in damage but he couldn't do a good enough appraisal so I decided to have it towed to one of their preferred body shop. This shop has since been urging me to sign a authorization to start the repair for almost 2 weeks and meanwhile I asked them to send me an estimate 1st and had lots of resistance to a point I'm thinking to go elsewhere as the car is actually still drivable. Their excuse was oh it will always change once they tare it down and start the work. Anyways he finally sent me a preliminary estimate totaling $13300 subject to go higher being that it omitted my request to fix seat thigh support, wheel alignment and re-apply Simonize which I guess to be worth an extra $700 together. Here are my questions:
1. I just filed a separate claim with the party at fault's insurance company, will this cause a problem or will I be best to drop the claim with my own ins since I've hard no matter who's at fault my ins premium may still get raised (in NJ we hear crazy things often)

2. the bodyshop is affiliated to the insurance company of the driver at fault, should I stick to my own ins company the fact they back the repair for life even if I move out of state. However I drive $35K miles a year so I don't hold a car more than 4 years anyways.

3. I would rather they total the car, the currently value is around $21 to 25K. Would this be possible considering the loss of market value after the repair, aka diminished value. How should I approach this.

4. the rental allowance from his ins is only $27/day up to intermediate sized car. My car is what I called near luxury and I'm currently in a compact rental that's costing me $40/day so if the repair takes 30 days which i'm told it might I'd be upside down by alot

Total Comments: 50

Posted: Wed Jan 06, 2010 02:01 pm Post Subject:

It was surprising to me this insured person never bothered to file a claim with State Farm which is what's dragging this thing on.

Wish I had a buck for every time I see a claim like this...it makes no sense to ANYONE that is a responsible human being, but believe me there are more of them (I think) than us :wink: St. Farm cannot move without that...well maybe they can if a police report exists and it's clear liability.

they mentioned if I'm not able to wait that I should go through my own ins co's collision coverage

That's standard, and really the only thing they can tell you at this point...

I just can't believe while I didn't cause the hold up the fact that they haven't accepted responsibility that I have to suffer

Well see you don't...that's their point, these charges would stop if your carrier stepped in..or another alternative, is to move the car to your house..course you'd have to pay the charges to date to get it out...You do have to understand from their perspective, you have an alternative, failure on your part to use that alternative is not their fault, nor their insured's and you do have a duty (with both carriers) to mitigate your damages.

but they'll have to get their insured's statement which is so unacceptable to me.

Why is this inacceptable to you? I understand your frustation, but let's put the shoe on your foot...let's say someone files a claim against your policy, lets further say that the accident never occured, and further that your carrier cannot reach you, (you're on vacation, had a death in the family, whatever), do you want your carrier to pay the claim without getting your version of the facts? or minimally your admission that an accident even occured? of course not..

I would really like to be able to work out a deal with them to get out of the car.

Not likely...what you can always do is accept the repair estimate amount...not fix the car, sell or trade it in it's current condition. They (nor any other carrier) will total your vehicle unless it is more economical to total it rather than repair it..

Since I work everyday so I simple don't have time to drive a car around to get estimates,

Who told you that you needed too? Sounds like state farm has already inspected it..you don't need to get estimates..

I hope to have better news soon

I hope so too.

"If" there was a police report, call the adjuster back, ask if the report is ready and if so (or not) do they have it, or when will it be ready? Ask if in lue of their insured contacting them can they base their liability decision on that..(police report will list drivers, vehicles etc)...something else that could come up and bite you...What is their insured's PD limits? Didn't you say there was another vehicle involved?

Posted: Wed Jan 06, 2010 05:16 pm Post Subject: police report

For what it's worth I was the D2 in the middle

Here is the exact wording under #135 Crash Description: D1 stated in effect: I was stopped and got hit from behind. D2 Stated in effect: I was stopped, got hit and pushed into the car in front of me. D3 stated in effect: I saw the cars stopped but couldn't stop in time. Investigation revealed V1, V2 and V3 were traveling on I-287 SB at milepost 55.9 when due to driver inattention V3 struck the rear bumper of V2. V2 was then pushed into the rear bumper of V1. Drivers of V1, V2 and V3 complained of neck pain but all refused medical treatment. Box 118a:(page2) Driver of V3 was not aware of his surroundings.

Posted: Wed Jan 06, 2010 05:25 pm Post Subject: accident

I didn't want to say this but I took the initiative and faxed this police report to the insurance companies the minute I got it and confirmed they've received them. D3 did not pull over with D1 and D2 to the left of the passing lane we were traveling in. But instead he backed up, drove and crossed 2 lanes of highway to pull over on the other side of the the 3 lane highway. I've waited almost 2 wks to get his insurance info since by the time the police came, stopped traffic, got us all to the right hand side. D1 and D2(me) attempted to get out of the car to get D3's info and was told by the police to stay in our cars and everything will be on the police report. D3 in fact had his car towed away, if he can hit someone without coming out to ask if we're ok, got his car towed away and still be able to not file a claim and go on a vacation, oh boy, I'd love to be him.

Posted: Thu Jan 07, 2010 04:13 pm Post Subject:

I didn't want to say this but I took the initiative and faxed this police report to the insurance companies the minute I got it and confirmed they've received them

That's fine, a lot of people do that...you have one claim to work on, the adjuster has a ton...I personally am always appreciative (and reimburse) of someone doing this....don't know why you wouldn't want to say it....

What did the adjuster have to say about the report? Can they move forward without insured contact based on the report? Also do you know anything about his PD limits?

Posted: Thu Jan 07, 2010 05:28 pm Post Subject: state farm customer support

The original person who recorded my statement gave me an extension number, as it turns out it's the number for the whole team, every time I call a different person answers and the standard reply is they haven't taken responsibility and it's stuck there. I will call again today.

Posted: Thu Jan 07, 2010 09:20 pm Post Subject:

Well, then I'm guessing it's State Farm (might be Allstate). Yup, I know _exactly_ where you are coming from! That "team" crap just allows Allstate to employee less people to do the same amount of work. Was suffers _greatly_ is any type of service. There is adjuster assigned to th claim but the whole "team" takes the calls. Of course the "team" could care less about the claim as their name is not attached to it. Their job is to blow people off until the adjuster on the claim does something.

Posted: Fri Jan 08, 2010 02:19 pm Post Subject:

Yup, I know _exactly_ where you are coming from!

:roll: So do I and I too get terrifically frustrated by it! :roll: basically the only info I've personally got from the 'team' as opposed to the rep assigned to it, is that the rep will call me back :roll:

Posted: Fri Jan 08, 2010 02:58 pm Post Subject:

I hear you guys, gotta be the farm. The biggest problem with the 'team' system is that either you get someone who adds detailed notes or people who don't write any at all! I can't count the times I have had to give repeated information numerous times, it's so frustrating-and in the end it can make you look bad :x

Posted: Sat Jan 09, 2010 12:15 am Post Subject: update

so i finally got them to take responsibility for my damages. He urges me to move ahead with the repair. I asked about totalling the vehicle and he says I have to authorize the auto body shop to start the repair and they will let me know if it's not repairable. He kept urging me to go through my own insurance company again which I ignored. He is pulling a fast one telling me they'll cover my rental car starting from the date I contacted them(12/30) which means I'm out $200 bucks for rental charges I paid before. Is this fair or legal? The accident occurred on 12/18th!. He further tried to rip me off by only offering $25.5 a day for rental car and I told him another agent quoted me $27.50 before and he asked me well what size car is yours? "We cover up to full size car only". I told him it will be considered luxury size being an Infiniti G so he offered $27.50.

Anyways I feel ripped off still and forgot to ask him about his driver's PD limit and to appraise the damage using OEM parts only and confront them the fact they don't ever reply my emails. I think the estimate will rise from the $15500 quoted since they didn't even open up the jammed hood yet since the body shop didn't get the ok from ins company and I to start working on it. I would prefer to get a lawyer but then the $$ is too little for anyone to take on the case .. . accidents aint fun at all . . .

Posted: Sat Jan 09, 2010 02:26 am Post Subject:

He kept urging me to go through my own insurance company again which I ignored.



What for? If they have already accepted liability, there is no reason to get your carrier involved.

He is pulling a fast one telling me they'll cover my rental car starting from the date I contacted them(12/30) which means I'm out $200 bucks for rental charges I paid before. Is this fair or legal?



There is really no legality to it that I am aware of. However, most carriers will cover the rental until the your vehicle is repaired and or the agreement they have arranged with the shop for the number of repair days. In some cases, if the shop fails to keep up it's end of the deal, they will absorb the cost of the rental (this is not a gaurantee that the shop will except this) or it may fall into your responsibility. However, since you have thrown some road blocks (not that they were not legit) they may feel that they only owe a certain number of days.

The accident occurred on 12/18th!. He further tried to rip me off by only offering $25.5 a day for rental car and I told him another agent quoted me $27.50 before and he asked me well what size car is yours? "We cover up to full size car only". I told him it will be considered luxury size being an Infiniti G so he offered $27.50.



Sorry, you are only owed comparable temporary transportation. Comparable meaning the size of your vehicle. Because you own a luxury vehicle, does not mean you are owed a luxury rental.

appraise the damage using OEM parts only and confront them the fact they don't ever reply my emails



The estimate means very little, it's just that, an estimate. Depending on the carrier and their guidelines, alternative parts besides OEM will mostly likely be used in the estimate. But I would encourage you to push the issue, in many cases carriers will grant you the reiumbursement of OEM parts.


I think the estimate will rise from the $15500 quoted since they didn't even open up the jammed hood yet since the body shop didn't get the ok from ins company and I to start working on it. I would prefer to get a lawyer but then the $$ is too little for anyone to take on the case .. . accidents aint fun at all . . .



You are just wasting time, time that is going to cost you in the end, trust me. Without a doubt the cost will rise once the vehicle is torn down and is thoroughly inspected. The $15k is only based on what they can see. But if you are thinking that it will rise to an amount that it will total, don't get your hopes up, add a few hundred more dollars give or take and thats about it. However, until you authorize the shop to inspect it, you'll never know. Don't take this the wrong way, but as old as this thread is that you started, you would be driving this car by now.

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