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Sir_Galahad · #1 Post by **Sir_Galahad** » Tue Jul 15, 2008 5:26 pm

So, here we were driving back our hotel from doing an inspection on our future home. We had just stopped in traffic when we get rear-ended by a 17-year old. The force of the collision caused us to ram into the vehicle in front of us which hit the vehicle in front of it. Fortunately, no one was seriously injured but our vehicle is a goner. I'm pretty sure that the vehicle that hit us is also a total loss but that is little consolation. There is no way we are going to be able to recoup enough money from our loss to buy another vehicle without shelling out a lot of cash - something we really don't need to do right now. Our truck was a 1998 Frontier but was in cherry condition and only had 45K miles on it (this was Lady G's go-to-church-on-Sunday ride). Book replacement value will be nowhere near what it will take to get us another vehicle. I am wondering if we can sue the driver of the vehicle that hit us for the difference of what the insurance company will get for us as a total loss and what our out-of-pocket expenses will be for the replacement vehicle.

christie1111 · #2 Post by **christie1111** » Tue Jul 15, 2008 5:47 pm

That sucks Sir G.

But I am glad you and Lady G are okay.

Just remember, cars can be replaced. Health? Not so easily.

And I thought you were going to comment on a tornado warning.

kayrharris · #3 Post by **kayrharris** » Tue Jul 15, 2008 5:47 pm

Don't count on it. Just try to get as much as you can by verifying the low mileage, mint condition thing. Adjusters will even take into consideration how new the tires were. Every settlement is not necessarily based on "book value" as no two cars are exactly the same regardless of being the same make, model, etc.

However, I feel sure Judge Judy would tell you he only owes you to "make whole" that which was lost. You did not lose a new car....yes, it will cost you to get a newer car, but that's not what you lost.

******Disclaimer: Judge Judy has not authorized me to use her as an example...but I've heard her say it enough...and I am a licensed insurance agent.*******************************

I'm glad you weren't hurt. You can only hope he isn't carrying the minimum liability on his policy if 3 total vehicles were damaged in this accident. If that's the case, you might be better off filing your claim with your insurance company and letting them subrogate and get what they can back. (that's if you carry collision insurance on your truck)

The attorneys here can probably come up with even better ideas.

Here's Fanny! · #4 Post by **Here's Fanny!** » Tue Jul 15, 2008 6:12 pm

kayrharris wrote:Don't count on it. Just try to get as much as you can by verifying the low mileage, mint condition thing. Adjusters will even take into consideration how new the tires were. Every settlement is not necessarily based on "book value" as no two cars are exactly the same regardless of being the same make, model, etc.

However, I feel sure Judge Judy would tell you he only owes you to "make whole" that which was lost. You did not lose a new car....yes, it will cost you to get a newer car, but that's not what you lost.

******Disclaimer: Judge Judy has not authorized me to use her as an example...but I've heard her say it enough...and I am a licensed insurance agent.*******************************

I'm glad you weren't hurt. You can only hope he isn't carrying the minimum liability on his policy if 3 total vehicles were damaged in this accident. If that's the case, you might be better off filing your claim with your insurance company and letting them subrogate and get what they can back. (that's if you carry collision insurance on your truck)

The attorneys here can probably come up with even better ideas.

"Byrd, would you go get a Kelly Blue Book and look up the value of a 32 LeDoux?"

Byrd · #5 Post by **Byrd** » Tue Jul 15, 2008 7:25 pm

Here's Fanny! wrote:
kayrharris wrote:Don't count on it. Just try to get as much as you can by verifying the low mileage, mint condition thing. Adjusters will even take into consideration how new the tires were. Every settlement is not necessarily based on "book value" as no two cars are exactly the same regardless of being the same make, model, etc.

However, I feel sure Judge Judy would tell you he only owes you to "make whole" that which was lost. You did not lose a new car....yes, it will cost you to get a newer car, but that's not what you lost.

******Disclaimer: Judge Judy has not authorized me to use her as an example...but I've heard her say it enough...and I am a licensed insurance agent.*******************************

I'm glad you weren't hurt. You can only hope he isn't carrying the minimum liability on his policy if 3 total vehicles were damaged in this accident. If that's the case, you might be better off filing your claim with your insurance company and letting them subrogate and get what they can back. (that's if you carry collision insurance on your truck)

The attorneys here can probably come up with even better ideas.
"Byrd, would you go get a Kelly Blue Book and look up the value of a 32 LeDoux?"

Here you go, ma'am.

I'll go back to looking intimidating now....

PlacentiaSoccerMom · #6 Post by **PlacentiaSoccerMom** » Tue Jul 15, 2008 8:04 pm

I am so sorry that you were in an accident, but I am glad that you came out of it safely.

I feel your pain about your wife's truck. I had a beautiful Volkswagon Fastback and I was rear-ended when I was 19. The car ended up being totalled and I got hardly anything for it. My dad had given me the car and everything in it from the engine to the upholstery was in mint condition.

jaybee · #7 Post by **jaybee** » Tue Jul 15, 2008 8:08 pm

Well, there's always that "phantom neck injury"

A lady that stopped in front of me a year and a half ago "settled' for only thirty grand from my insurance company - not bad for a 3 MPH accident.

Keep in mind that the guy that hit you will be paying for your damages but you will be paying for the guy in front of you that you hit. Sucks but that's the way it works most of the time.

kayrharris · #8 Post by **kayrharris** » Tue Jul 15, 2008 8:19 pm

Maybe it differs from state to state. Here in Alabama, if it's a chain reaction, usually the last car in the pileup is held responsible for all of the other cars.

PlacentiaSoccerMom · #9 Post by **PlacentiaSoccerMom** » Tue Jul 15, 2008 8:21 pm

kayrharris wrote:Maybe it differs from state to state. Here in Alabama, if it's a chain reaction, usually the last car in the pileup is held responsible for all of the other cars.

If that's the case, then the 17 year old's parents are probably going to flip out. I'm sure that their insurance rates are going to go up next year.

kayrharris · #10 Post by **kayrharris** » Tue Jul 15, 2008 8:24 pm

That's why I was concerned about the driver only having minimum limits. Doesn't go very far these days even if you've only damaged one other car.

PlacentiaSoccerMom · #11 Post by **PlacentiaSoccerMom** » Tue Jul 15, 2008 8:29 pm

I bought uninsured/underinsured coverage on both of our cars. It gives me peace of mind because I know that so many people out there drive without insurance.

kayrharris · #12 Post by **kayrharris** » Tue Jul 15, 2008 8:34 pm

PlacentiaSoccerMom wrote:I bought uninsured/underinsured coverage on both of our cars. It gives me peace of mind because I know that so many people out there drive without insurance.

Again, state laws differ. I have it as well, but in Alabama it only covers you for injuries and not property damage.

peacock2121 · #13 Post by **peacock2121** » Wed Jul 16, 2008 4:59 am

Sometimes you just have to take it up the butt.

I am sorry this seems to be your time.

I am glad we are not talking about one of you being in the hospital.

Don't blame Iowa.

#14 Post by **littlebeast13** » Wed Jul 16, 2008 6:24 am

peacock2121 wrote:Sometimes you just have to take it up the butt.

Has LarryCraig seen this post yet?

lb13

BackInTex · #15 Post by **BackInTex** » Wed Jul 16, 2008 7:16 am

kayrharris wrote:
PlacentiaSoccerMom wrote:I bought uninsured/underinsured coverage on both of our cars. It gives me peace of mind because I know that so many people out there drive without insurance.
Again, state laws differ. I have it as well, but in Alabama it only covers you for injuries and not property damage.

In Texas the uninsured/underinsured motorist coverage makes you whole as if the driver that hit you had full coverage. So not only does it cover your property but it covers your full rental costs, not just the $30/day you may have on your policy, if any at all. I had someone hit my truck in the parking lot and leave. I filed under my uninsured coverage and was out of pocket $0.00 even though my rental was a Minivan for 1 1/2 weeks at well over the $30/day. Oh, and the deductable is only $250, and my insurance estimate was about that more than the actual body shop costs.

tlynn78 · #16 Post by **tlynn78** » Wed Jul 16, 2008 8:43 am

That truly sucks, Sirgy, but I'm glad you are both okay.

Well, there's always that "phantom neck injury"

While I suspect jaybee meant it a bit differently, he's right. Make absolutely sure you and LadyG are okay before you sign off on anything. It took docs six months of headaches to 'find' the ruptured disc in my neck after I was t-boned at 40mph. Get. Checked. Out.

t.

ulysses5019 · #17 Post by **ulysses5019** » Wed Jul 16, 2008 8:48 am

tlynn78 wrote:That truly sucks, Sirgy, but I'm glad you are both okay.

Well, there's always that "phantom neck injury"
While I suspect jaybee meant it a bit differently, he's right. Make absolutely sure you and LadyG are okay before you sign off on anything. It took docs six months of headaches to 'find' the ruptured disc in my neck after I was t-boned at 40mph. Get. Checked. Out.

t.

Oh, so you met another bb?

Four Hour Stiffy · #18 Post by **Four Hour Stiffy** » Wed Jul 16, 2008 8:54 am

ulysses5019 wrote:
tlynn78 wrote:That truly sucks, Sirgy, but I'm glad you are both okay.

Well, there's always that "phantom neck injury"
While I suspect jaybee meant it a bit differently, he's right. Make absolutely sure you and LadyG are okay before you sign off on anything. It took docs six months of headaches to 'find' the ruptured disc in my neck after I was t-boned at 40mph. Get. Checked. Out.

t.
Oh, so you met another bb?

I don't think I've ever given anyone a ruptured disc before.....

I want what TBone took!

tlynn78 · #19 Post by **tlynn78** » Wed Jul 16, 2008 9:18 am

peacock2121 · #20 Post by **peacock2121** » Wed Jul 16, 2008 9:20 am

T-Bone will be so proud.

ulysses5019 · #21 Post by **ulysses5019** » Wed Jul 16, 2008 9:22 am

peacock2121 wrote:Sometimes you just have to take it up the butt.

I am sorry this seems to be your time.

I am glad we are not talking about one of you being in the hospital.

Don't blame Iowa.

Blame Canada!

Beebs52 · #22 Post by **Beebs52** » Wed Jul 16, 2008 10:59 am

jaybee wrote:Well, there's always that "phantom neck injury"

A lady that stopped in front of me a year and a half ago "settled' for only thirty grand from my insurance company - not bad for a 3 MPH accident.

Keep in mind that the guy that hit you will be paying for your damages but you will be paying for the guy in front of you that you hit. Sucks but that's the way it works most of the time.

We were rearended last year in a chain reaction, actually we were the second car hit, or the last in the chain. The car that failed to stop and hit the vehicle behind us was responsible. We're in Texas. I used to be an adjuster in Kansas back in the day and I don't remember any rearendee being held responsible for the chain reaction part.

Sir_Galahad · #23 Post by **Sir_Galahad** » Wed Jul 16, 2008 1:13 pm

Well, Lady G and I visited the local walk-in clinic this morning. And, while we are both quite sore from the jostling we took we are, essentially, fine. We both complained of some neck soreness so we both had X-Rays taken as a precaution at the recommendation of the doctor. He said that I would be surprised at how many times he has discovered hairline fractures in vertebrae that were not immediately discovered. But, we were cleared of any serious injuries.

I still want my million dollars for pain and suffering and discomfort!!

I wonder if my insurance company can help me with that part of the claim or I will have to contact my local Iowa ambulance chaser. I am serious about this (maybe not about getting a million dollars but I feel that some compensation is warranted).

mom2five · #24 Post by **mom2five** » Wed Jul 16, 2008 1:58 pm

I am so sorry to hear about your accident! I was rear-ended about 2 years ago, and I also hit the car in front of me.

FWIW- This is my 2 pennies: I did suffer some "whiplash." I could hardly hold my head up for about 3 days. I went to my local chiropractor and they did x-rays and suggested I come in twice a week for some "manipulation". I went for about 3 months and it really did help. The insurance company of the guy that hit me paid for all these visits.

As for "compensation" I was "given" $5K. I was told that the formula for "pain and suffering" is roughly 2-3 times the medical costs. My insurance co. told me they could/would not help with me getting this money, it was up to me and a lawyer if I had one (I didn't) I had regular contact with that insurance adjuster (they called me often to see if I was "all better") Now, I wish I hadn't settled so quickly. (Since I'm not going to be on WWTBAM, I need another way to get a Million $$$)

SportsFan68 · #25 Post by **SportsFan68** » Wed Jul 16, 2008 2:19 pm

I too was rear-ended about a million years ago -- yeah, yeah, if Melly's told me once, she's told a million times, don't exaggerate...

I too hit the car in front of me, which hit the car in front of it. The little twit driving the car got off completely 100% scot-free. She was in the gray area with a provisional driver's license and NO insurance because she was test driving the car, which had been sitting uninsured in a garage for six months after the owner became too ill to drive it.

So I was totally on the hook for the $300 deductible, and my insurance co. paid the other $1,800. I can still tell you the little twit's name after a million years, too. I can also tell you the name of the body shop which put it back together as if brand new. I googled it and found a similar name in San Diego, hope he's rich by now -- he did fantastic work while he was here.

My mom got a concussion out of the deal but no other injuries. She always wore her seat belt after that.