Hitting the back of others' car is costly

[rc5]

On Dec. 31, 2001, the new year eve, a moron hit the back of my car when I tried to stop before a red light. The cop came and gave her a ticket for failure to maintain a safe distance. Her car was totalled and probably wouldn't be fixed without 3-4 grands. I lost a muffler and suffered some minor damage on bumper and body. I went to a body shop to get the damage estimate and came out with a $1035 bill, including $400 parts and labor and tax. Since I paid only $1200 for my car and it's still drivable, is it okay to use this estimate to make a claim to my insurance company against another driver?

 

[Goldfish]

Captain Obvous says "Car repairs are not free."

 

[Slacker]

That depends on the insurance value of your car, if the damage is 75% of the insurance value of the car then they will total it.

 

[PeeluckyDuckee]

What kind of vehicle did you and this other fellow have?

 

[Thegonagle]

You can call your insurance, but why bother. You actually make a claim against the other driver's insurance in most states. Take the check and save it for your next car purchase. (It won't be for more than 70% of your car's actual cash value, or ACV, as determined by an appraiser.)

 

[kranky]

You file your claim against the other driver's insurance company. You are not obligated to have the car repaired in order to collect what you are owed. You are free to take the check and not get your car fixed.

 

[rc5]

My car is a 86 grandam while the car rearended me is a 96 toyota. I would prefer to keep my car and take the reimburse cheque. However, the estimate is so high, I'm afriad the insurance company may issue me a check for its cash value and take it away. That's not the best way.

See:

If I get a $1000 cheque, I can spend $300-400 to fix the absolutely must fixed part and end up with $600 extra and a working car.
If I get a $1200 cheque and they take my car away, I can't easily buy another car for $1200, let alone $200-$300 of the sale tax, registration fee.

 

[MrCodeDude]

Get the money from the guy's insurance agency. It's not your fault he rear-ended you.
-- mrcodedude

 

[John]

<< Get the money from the guy's insurance agency. It's not your fault he rear-ended you. >>

 

[Mr.IncrediblyBored]

Just as a reminder, some states have faultless accident laws. The cop may issue a ticket to the person that caused the accident, but both parties are required to deal with their own insurance company to get damages repaired.

I know Michigan is like this, and its possible Washington is the same way.

 

[iamwiz82]

<< Just as a reminder, some states have faultless accident laws. The cop may issue a ticket to the person that caused the accident, but both parties are required to deal with their own insurance company to get damages repaired.

I know Michigan is like this, and its possible Washington is the same way. >>



but, the at fault driver can be taken to court for the deductible and other fees in michigan

 

[Mr.IncrediblyBored]

<<

<< Just as a reminder, some states have faultless accident laws. The cop may issue a ticket to the person that caused the accident, but both parties are required to deal with their own insurance company to get damages repaired.

I know Michigan is like this, and its possible Washington is the same way. >>



but, the at fault driver can be taken to court for the deductible and other fees in michigan >>


That I didn't know. Thanks for the info.

 

[Ornery]

Wait! On the same subject, I've got serious questions and even a rant. I'm driving a car with about a $1,500.00 value. If somebody totals it, their insurance company cuts me a check for $1,500.00 and that's the end of it? Um, I don't like it. Why can't I get them to pay for a rental, while they shop for a replacement for me? I want the exact same car, at least the same condition, and a full tank of gas sitting in my driveway before I give up the rental... ALL on their dime. Seems fair to me, since the accident was their fault, no?

Can I take them to court to reimburse me for lost time and inconvenience? SOB, they trash my car and I gotta run around trying to find a replacement? FOCK THAT! :|

 

[Ladies Man]

you can get the car back if they do total it

fix it and it will just have a salvaged title on it

 

[Emulex]

You are legally entitled to rental.

For instance, Guy ran a red light, clipped the bumper off my bro's taurus sho about a year ago.

Damage Estimate: $4400

State farm said, we'll throw in $200 for rental no questions since it will take some time to fix it.

He then said which body shop do you want me to make this out to?

I said: Please make the check payable to me, thank you.

State farm rep: Sign here , walks away, 5 minutes later check for $4600 in my name.

We picked up bumper from accident, zip tied it back on, and adjusted as much as possible, and got some touch up for the bumper.

Thank you have a nice day. (car was barely worth $4600 in private party sale). The car is still driving to the day.

Its your money, you do as you wish with it. Repair or not.

Don't contact your own insurance company, btw. They will keep a record of this, and can potentially RAISE your rates or DROP you.

I kid you not, buddy of mine was in 2 not-his-fault rear enders. The other folks paid for all the damages, state farm dropped him. When you get dropped, hardly anyone will pick you up unless you pay alot. What did he do? Nothing. But statistically speaking he is a higher risk driver than those that never get in accidents..

werd

 

[perry]

<< Don't contact your own insurance company, btw. They will keep a record of this, and can potentially RAISE your rates or DROP you.

I kid you not, buddy of mine was in 2 not-his-fault rear enders. The other folks paid for all the damages, state farm dropped him. When you get dropped, hardly anyone will pick you up unless you pay alot. What did he do? Nothing. But statistically speaking he is a higher risk driver than those that never get in accidents.. >>



USAA told me to always call them when I get in an accident, whether it's my fault or not. If the other guy turns out to be uninsured or you have some other problem collecting money, your insurance company will go after them. Gives you a bit of legal protection and could solve some headaches.

Also, it's a good idea to report accidents that are your fault, and don't pay out of your own pocket, even if your rates do go up. In one accident I was in, the claim was barely above the amount that would affect my rates, so I thought I'd just pay on my own. USAA said if I pay out of my own pocket, that they will never cover anything related to the accident. So if the person comes back in 3 months and sues me for neck pains, I'm on my own. I went ahead and let them pay to avoid any possible trouble.

I got into 3 accidents and one hail damage claim in two years (from 18 - 20 years old), a couple years back. Two were my fault, total claims of around $6000, everything was reported to USAA. My rates went up about $15 over those two years.

There must be more to your buddy's story than 2 not at fault accidents...