In accident today, questions about repairs and legal.

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PostPosted: Wed Sep 02, 2009 1:24 am   Post subject: In accident today, questions about repairs and legal.  

The accident:



My husband was driving myself and our daughter to the airport about 5:15 am. On the way we were on a six lane highway seperated with a concrete median in major city in Tennessee. We noticed a car merging from an entry ramp of a perpendicular interstate and he moved into the far left lane to give them room to merge. The woman driving didn't make the right turn (to merge on the bypass) instead drove across the three lanes causing us to slam into her driver/rear panel; at the same time she slammed into the median. Her car did a 180 and ended up facing the wrong way in the far two right lanes. My husband managed to pull us to the side of the road. The airbags didn't deploy. No one was injured(thankfully).



I instantly called 911 and my husband ran to check on the other car. The woman was wondering in the highway. My husband had to grab her and make her get out of the road. The police arrived and asked us why were there and where we were coming from-home and going-airport. Then asked her; she was stumbling and not making any sense. She said she didn't drive and was going to the hospital for high blood pressure. Ok, except she was from the town and to get from her house(where she says she was) to the hospital she said she was going to, she wouldn't have been anywhere near where we were. She seemed really drunk but didn't smell. The paramedics arrived and she insisted on going to the hospital for her "injuries." My husband banged his knee and my shoulder and neck were hurting but we were able to walk and just thankful we were able to walk away from the accident. So we didn't see any reason to go to the hospital. Plus we have full medical coverage from his job and decided to go see our doctor tomorrow.



Here are my legal questions:



The driver was driving with a suspended license, no insurance, and expired tags. She received a ticket.



The lady was taken to the hospital and it was reported that she had track marks from drug use all over her upper extremities. She also had a long record of arrest for drug use. The officer suspects that she was high and lost at the time of the accident. She was seen at the hospital, released, and just left.



Why wasn't she arrested?



As the reporting officer accompanied her to the hospital he left a younger officer with us at the accident scene. Two guys pulled up to the other lady's car, grabbed a bag and left. Why didn't he stop them? It could have been drugs. Should we contact his supervisor?



The front of my car is smashed in. You can see the airbag sensors hanging, but they didn't deploy. Why?



Questions about my car:



I have an 2007 prius (hybrid). I have all the appropriate insurance and called immediately. My car was taken to the nearest dealership and they began estimating repairs. I don't meet with the adjuster until thurs. I left something in my car I needed so I stopped by my dealership. The repairs manager told me that my car has a book value of approximately $17,000 and so far just from looking at the damage he has estimated $9,000 in repairs, plus about $1000 more once they get inside. He said it would take probably 3 weeks to fix. He also mentioned he got a "great deal" on some used parts.



Why would I want used parts on my car?



Also, last month I was just browsing while getting an oil change at the 2010 prius and the same dealership told me given the year and mileage 55,000 that my car was only worth $12,000 at most for a trade and $15,000 if I sold it outright. It had no damage and was in good condition.



Where does that leave me? I can't believe that the hybrid will run the same it did before the accident. What are my options?



I have had a headache all day and now my neck is so tight and sore. My husband can barely walk from hitting his knee. We have apointments tomm.



Where do I look for answers? Thank you so much for any advice.




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meredith10
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PostPosted: Wed Sep 02, 2009 3:20 pm   Post subject:   

Why wasn't she arrested?



State Laws differ but in GA if this person was indeed intoxicated (high), suspended license, no insurance and expired tag she would have been arrested. It just seems like the officer did not provide due diligence. The whole situation is very fishy. I would contact the supervisor. Hopefully you are in a state the offers Uninsured Motorist Coverage.



Why would I want used parts on my car?



Your car is a 2007 and it is 2009 or newer. The manufacturer could have changed the parts for newer vehicles. At the same time if your policy does not cover Original Manufacturers Parts (OEM) your vehicle will be repaired with used parts or what they would call refurbished parts.





Where does that leave me? I can't believe that the hybrid will run the same it did before the accident. What are my options?



Keep in mind that anytime you try to trade a car in they are going to undervalue the vehicle. The manager may have been looking at the book value if the vehicle was a new 2007. It is possible that you vehicle could be completely restored. Most insurance companies have guarantees for vehicle repairs after and accident that means you can take the vehicle back to the preferred vendor until you are completely indemnified. The adjuster will evaluate the damages and determine whether the repairs over extend the value of the vehicle. At that point they will either total the vehicle out and pay you the value of the vehicle or pay for the repairs to the vehicle.



Where do I look for answers?

You have come to a great place for answer. Your best resource is going to be your insurance agent and adjuster.


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LadyBradwell
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PostPosted: Wed Sep 02, 2009 6:54 pm   Post subject:   

Quote:
Why wasn't she arrested?
You'd have to ask the police that question. They issued her citations for criminal infractions. She will still need to answer for that.

Quote:
Why would I want used parts on my car?
I don't know that you'd want used parts... but what they are considering is pitting 2007 parts on in place of 2007 parts. This is instead of putting parts made in 2009 in place of parts that are 2 years old.



Quote:
I can't believe that the hybrid will run the same it did before the accident. What are my options?
$10,000 in repairs on a $15,000... that is still not a total loss. Why do you think it won't be the same? You could always have it repaired and then sell it for the $15,000 or trade it in for the $12,000. Keep in mind that all those bend up parts are designed to do that. So all that wreckage might not be as bad as it looks.
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PostPosted: Wed Sep 02, 2009 7:22 pm   Post subject:   

Quote:
You could always have it repaired and then sell it for the $15,000 or trade it in for the $12,000.




Poster take your estimate of repairs and the amount the insurer is willing to pay for restoration and consider the amount of your deductible. Take those figures along with pictures of your damaged vehicle and fully disclose to a car dealer that sells the same type of new vehicle all the known damage. Then ask how much they would be willing to give you in trade with the disclosure after repairs are complete. Ask them how much they would have given you without the accident history.



They can no longer sell it with all the factory warranties intact on those parts that were replaced with used or imitation parts. It is also highly unlikely that this repaired car could qualify for a certified used car commanding high retail. Most likely if the dealer takes it at all, they will likely start offering you 25 percent less than one without an accident history and if they do trade for it, it will most likely wind up at an auto auction and not on their lot or possibly one of those tote the note lots. New car and highend dealers do not want previously known damaged cars on their quality used car lots as they do not want a reputation or insinuation that they routinely sell wrecked and rebuilt vehicles.



The Naitional independent auto dealers association disclosed in written communication that vehicles that have been repaired to as best as humanly possible will likely bring only 75 percent of the value in trade as the same car with no accident history as a starting point in negotiations. This is the starting point remember, the quality of repairs could result in offers much less than 75 percent of normal trade in values.


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PostPosted: Thu Sep 03, 2009 11:03 am   Post subject:   

I don't think OEM parts would always yield better results with repaired cars than the aftermarket parts. Our adjuster friends would be able to tell you more about it.


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anonymous00
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PostPosted: Thu Sep 03, 2009 1:06 pm   Post subject:   

If I'm not mistaken GA is one of the few states that specifically allow first party DV claims, (surprised you didn't know that Michael! Wink )...Once they figure the cost of repair, AND the DV your car will likely total..So for now I wouldn't get myself all bunched up about that...So lets take a breath and wait on that first...course could very well be that DV doesn't count toward total loss figures too, I don't know that, but I do know they allow DV.



As to yours and your husbands injuries..If you have UMBI coverage (and you probably do) that is how your injury settlement will be paid, unless GA is a PIP state...anybody know off the top of your heads?)

Quote:
Your car is a 2007 and it is 2009 or newer. The manufacturer could have changed the parts for newer vehicles. At the same time if your policy does not cover Original Manufacturers Parts (OEM) your vehicle will be repaired with used parts or what they would call refurbished parts
Just have to make a minor clarification Lady, "used parts" are OEM parts...the are used OEM parts...I think what you meant to say if your policy specifies or you bought a NEW OEM endorcement.. Wink
Quote:
They can no longer sell it with all the factory warranties intact on those parts that were replaced with used or imitation parts
Mike they can't transfer the new car warranty (if vehicle traded in) to anyone anyway..whether it was in an accident or not...They can either cover it with an extended warranty or sell one like any other used car. But the warranty the OP got when she purchased this vehicle is NOT transferable to another (second) owner regardless of an accident or not..But again
Quote:
I think this will be moot..as her vehicle will likely total..You can see the airbag sensors hanging
I can't see an airbag sensor hanging in this picture..where do you think you can see this?


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PostPosted: Thu Sep 03, 2009 3:07 pm   Post subject:   

Thanks for clarifying my statement Lori.



GA is not a PIP state.

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PostPosted: Thu Sep 03, 2009 3:20 pm   Post subject:   

Quote:
The Naitional independent auto dealers association disclosed in written communication that vehicles that have been repaired to as best as humanly possible will likely bring only 75 percent of the value in trade as the same car with no accident history as a starting point in negotiations. This is the starting point remember, the quality of repairs could result in offers much less than 75 percent of normal trade in values.
I'd love to see any documentation they have to back up this statement. Truth is, dealers often inflate the amount they give on people's trade in and simply add that loss into the purchase price of a new vehicle. They may also deflate the trade in value if they plan on selling it themselves. But you know... I've traded in a few vehicles and I've _never_ had a sales person ask me if it's been damaged and repaired or bring this up when I know a Carfax report lists prior accidents. The last vehicle I traded in was a 10 year old Chevy S10. It had been damaged in an accident and repaired. It also overheated initially when started (red lined) but was then alright. Dealer would not come down any more on the selling price of the vehicle I wanted but instead increased my trade in value to $2000. My trade in was worth about $700, perhaps $1000.



Quote:
They can no longer sell it with all the factory warranties intact on those parts that were replaced with used or imitation parts
This is misleading. First, the OP states used parts were allowed for. So this is used OEM, not aftermarket. Second, the vehicle warrenty would only not apply to the parts being replaced with used parts, not the entire vehicle. The parts being replaced in the accident are warrantied by the supplier and the work should be warrantied by the repair center (I'd recommend a manufactures dealership for repairs in this case).



Quote:
New car and highend dealers do not want previously known damaged cars on their quality used car lots as they do not want a reputation or insinuation that they routinely sell wrecked and rebuilt vehicles
I bought the above-mentioned S10 from a Chevy Dealership. It showed up on Carfax as being in prior accident and you could even tell that the rear 1/4 panel had been replaced and repainted. I'd say it really depends on the vehicle. If it's in demand and has lower mileage I'm betting most dealers will keep and sell the car.
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PostPosted: Thu Sep 03, 2009 5:24 pm   Post subject: Huh?  

Why is everyone mentioning GA? I'm in Tennessee.

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PostPosted: Thu Sep 03, 2009 5:35 pm   Post subject:   

I

Quote:
bought the above-mentioned S10 from a Chevy Dealership. It showed up on Carfax as being in prior accident and you could even tell that the rear 1/4 panel had been replaced and repainted. I'd say it really depends on the vehicle. If it's in demand and has lower mileage I'm betting most dealers will keep and sell the car.




I finished an extensive front end repair years ago and the moment it was finished the owner had already made arrangements to buy a porsche subject to their inspection of his trade in. He mislead them telling them it was out of town or some minor work was being done to prep it for sale. The dealer was so eager to get their hands on a newer style camaro ss at the time that they were as eager to get the trade as he was eager to unload the car with the damage history.



Upon completion of the repairs minus one stripe on back order, the owners said he was very pleased with the repairs and had been dying to get his car back. He drove it straight to the dealer and traded 30 minutes later and never disclosed the accident history. The dealer could not detect the extensive repairs. Everyone was happy almost, until I called the dealer and informed him that I had a decal to put on that car. He claimed to not know what I was talking about. I clued him in aboout the repairs to the car to which he basically called me a liar and that the car had never been in a wreck. I said I be glad to come down and show you where the frame rails and aprons were propertly sectioned from a used car, etc. I went down later to drop the stripe off and the car was gone. Didn't know what I was talking about, but leave the stripe. That car wound up 40 miles down the road on a cheap car lot and most likely sold without disclosure.



Point being,,,,, No dealer wants to admit they have a wrecked car on their lot but when pointed out the car usually disappears. Most will use the wreck trade in as leverage against the seller in bargaining (loss of value) and unethically sell it or move it to the cheaper lots.



http://www.csiofnc.com/your_minimum_dv_loss.pdf I posted this once before in this thread http://www.ampminsure.org/auto/required-totaled-1.html The excecutive director of the NIADA stated that upon accepting a trade with damages amounting to 25 percent of the fair market value that they would begin their offer of trade in at 25 percent less than FMV and it could exceed.


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