car accident advice, should I get a lawyer

[positivedoppler]

The other party is at fault, rear ended my car.
After the accident the car started making loud engine noises(might be exhaust) and engine misfires and engine (hybrid car) would randomly shut off.

The car exhaust system might be already a little beat up but now the other person's insurance company(All State adjuster) claims my car was already beat up to begin with so he refuses to pay for anymore than the $1000 in cosmetic damage to the back of the car.

I'm a bit tick since the now long list of car problem was not there prior to the accident.

So should I 1.) get a lawyer? and 2.) if I cash the existing $1000 check, does that screw me somehow?

 

[BoomerD]

1. Yes. Lawyer up.
2. DO NOT CASH THE CHECK. (talk to your lawyer first.)

 

[purbeast0]

i would have your insurance company talk to their insurance company about your concern before getting a lawyer involved.

 

[GagHalfrunt]

Absolutely do not cash the check, that's accepting the settlement and you lose the right to take things further.

 

[positivedoppler]

Gotcha! Thank you

 

[Capt Caveman]

Why isn't your auto insurance involved? Your auto insurance should have sent an adjuster not theirs. And your auto insurance company should have sent you a check. I've been rear-ended in the past and when the other driver's auto insurance company tried to contact me, I told them they had to talk to my auto insurance company.

 

[BoomerD]

Why isn't your auto insurance involved? Your auto insurance should have sent an adjuster not theirs. And your auto insurance company should have sent you a check. I've been rear-ended in the past and when the other driver's auto insurance company tried to contact me, I told them they had to talk to my auto insurance company.

Different states, different insurance laws...but ANYTIME an insurance company tries to fuck you...lawyer up. They all have huge office buildings full of lawyers who have nothing better to do than to fuck you out of what you're owed...get your own lawyer to help.
Remember...your insurance company's primary job is to look out for their own best interests...NOT yours.

 

[balloonshark]

I hope you didn't sign anything from him or his insurance company.

 

[eldorado99]

better call Saul!

 

[amicold]

Why isn't your auto insurance involved? Your auto insurance should have sent an adjuster not theirs. And your auto insurance company should have sent you a check. I've been rear-ended in the past and when the other driver's auto insurance company tried to contact me, I told them they had to talk to my auto insurance company.

This is only true for no-fault states if I'm not mistaken. For OP the exhaust probably is slightly separated at a flange somewhere now. Have a peek under the car and look.

 

[Bock]

Go to the dealer, get a repair qoute, send the insurance co the estimate.
I'd start looking for pictures of the car before the accident & service records.
They'll do everything to stay out of court because they tend to lose badly, very badly.

 

[positivedoppler]

It was liability only so my insurance company was hands off. The state farm guy said he will only pay for cost of vehicle inspection if we can prove that parts of the damage is from the accident. We kind of got scared into not taking it into the dealer since they wanted $160/hour to inspect the vehicle.

 

[shortylickens]

Different states, different insurance laws...but ANYTIME an insurance company tries to fuck you...lawyer up. They all have huge office buildings full of lawyers who have nothing better to do than to fuck you out of what you're owed...get your own lawyer to help.
Remember...your insurance company's primary job is to look out for their own best interests...NOT yours.

:thumbsup:

 

[Hoober]

It was liability only so my insurance company was hands off. The state farm guy said he will only pay for cost of vehicle inspection if we can prove that parts of the damage is from the accident. We kind of got scared into not taking it into the dealer since they wanted $160/hour to inspect the vehicle.

Lawyer. Stat.

 

[DrPizza]

So, it was a bump from behind, minor cosmetic damage, and you think there are major problems as a result of the bump?

In what condition was the vehicle shortly before the bump? I.e., was the exhaust system rusting apart? Or was the exhaust system in good shape? My only shot in the dark - something happened with the exhaust system, causing a reduction in exhaust volume (higher pressure).

 

[positivedoppler]

It wasn't a minor bump from behind. The trunk is cracked and if you look at the inside of the truck some metal are pretty badly bend.

The exhaust system probably have a bit of rust in them and I spent money in the past to have it patched up and it ran smooth. After the accident it is now loud as heck. The engine randomly shuts off(it's a hybrid) and there's now a misfire constantly. All this started happening right after the accident so I feel the All State guy is trying to screw me by saying those are all existing problem with the car. I don't care to get a new exhaust system but I'd be happy if he at least steps up to fix the misfire and restore the exhaust to a pre accident shape. But since he obviously tried to screw me, I'll listen to the advice here and get a lawyer tomorrow. Thank you everyone!

 

[positivedoppler]

So, it was a bump from behind, minor cosmetic damage, and you think there are major problems as a result of the bump?

In what condition was the vehicle shortly before the bump? I.e., was the exhaust system rusting apart? Or was the exhaust system in good shape? My only shot in the dark - something happened with the exhaust system, causing a reduction in exhaust volume (higher pressure).

The car ran great. The exhaust might have been a bit rusted but it ran smooth and was at least quite. Now it sounds like a freakin jet engine so yeah it was a very noticeable difference before and after.

 

[KK]

Have the frame checked out to ensure it wasn't bent. That right there probably could take it from the 1000 dollar to the totalled out figure.

 

[DrPizza]

I am not a mechanic, but it could very well be something as simple as a baffle collapsing in your muffler, if it was starting to rust out. Hard to say without a mechanic going over the vehicle, and as you pointed out, that's going to cost you.

 

[thescreensavers]

Any Pics?

Ive been rear ended twice its not cheap, 1k sounds low unless its just a minor fender bender...which it does not sound like it.

 

[BoomerD]

Any Pics?

Ive been rear ended twice its not cheap, 1k sounds low unless its just a minor fender bender...which it does not sound like it.

I was in this one:

March 2012...in a 2011 Corolla. It was a hit & run. Damage repair estimate was $8500. They totaled the car. It was a rental...I was using it while our Jetta was in the shop...getting repaired from yet another ANOTHER rear-end crash...
Fortunately, that one was"only" about $2000 in damages...basically a new trunk lid, tail light, and some misc. hardware...and paint. That one was completely covered by the other driver's insurance with no problems.

 

[xeemzor]

Always get a lawyer for this kind of stuff. You need an advocate and your insurance company only cares about paying your claim for the least amount of money.

 

[DrPizza]

Any Pics?

Ive been rear ended twice its not cheap, 1k sounds low unless its just a minor fender bender...which it does not sound like it.

That's what I was thinking as well. In the OP, he says cosmetic damage. (Besides the other issues.) But later, you can see into the trunk. I cannot imagine an insurance company offering only $1000 if there was any sort of significant damage; unless the car is already beat to heck.

 

[Wreckem]

My second accident in my 2014 Mazda 3 was when I was rear ended.

To replace the bumper cover it was close to $1000 with parts, labor, and paint.

 

[positivedoppler]

My second accident in my 2014 Mazda 3 was when I was rear ended.

To replace the bumper cover it was close to $1000 with parts, labor, and paint.

Oh wow, so he even tried to lowball me there. Now I'm getting kind of angry. The bumper obviously needs to be replace. At first glance you would think it's just a crack across the bumper. When you pop open the truck you see the metal frame of the trunk has bend.