Furious - need some clarity

[dansamy]

I would throw a fit to have a NEW frame. She wrecked yours. It's a safety issue. You bought a new vehicle for your growing family. It didn't have a bent, repaired frame. It had a solid, new one.

 

[FlyingDumbo]

Just the thought of getting a new car right now is so overwhelming! I think we will get the same that we had which was a Ford Escape. But the new ones look different. I just wish I parked somewhere else that day! "Ain't nobody got time for this!"

 

[tvguy]

She should be fired and arrested for both the hit and run and the harassment of following you out to the car to pressure you not to have her fired. I haven't read any other responses but this was my first reaction when I read your post.

This was discussed. State laws vary. In some states your only recourse would be a civil suit, because the vehicle code only applies on the public road, not private property.

 

[tvguy]

Just the thought of getting a new car right now is so overwhelming! I think we will get the same that we had which was a Ford Escape. But the new ones look different. I just wish I parked somewhere else that day! "Ain't nobody got time for this!"

I was wondering what kind of SUV you had since few have frames anymore. An Escape does not have a frame, it's a unibody. So you don't have frame damage, it's damage to the unibody. Not sure that's any better, or any worse. They have a rack that they put them on to pull them back to where they are supposed to be. We have an Escape at work that got rear ended, it's been in the body shop for 3 months now. We were amazed that the insurance company was willing to fix it. It's a 2008 Hybrid with 100,000+ miles on it. The impact caused the roof over all the doors to bow out. Estimate came in at $6,500. Part of the delay was the person who hit it was driving a car owned by a local government. I think our insurance is stepping in to pay the bill because settling an accident claim with a government agency can take 6 months to a year. Also, they keep sending the wrong parts.

 

[BeachGirlFLA]

OP, I am so sorry!! And I know pregnancy doesn't help matters. However, just as a note (I read through the thread and didn't see anyone mention it):

You will not be responsible for your deductible. The doctor is the one who has to pay it (well, her insurance company). What may happen is that your insurance company will pay it and then go after her....that's what happened in my last accident (I seem to be a magnet for them).

I hope your mental and emotional recovery is ok. Also, if you are worried about being accosted by her again, ask security to walk you to your car. You have every right to request this service.

Here's what we found out after being in two accidents (neither one our fault...in one traffic was stopped, an 18 wheeler was behind us, traffic started to move again, we were getting ready to start moving and the 18 wheeler driver FORGOT we were there and in the other a woman in a parking lot backed into our car) is that even though we didn't have to pay the deductible, our insurance rates went up because of these two. If nothing else, I would take her to court for that reason (although that may not happen in your case, since no one was in the car when the accident happened.)

 

[FlyingDumbo]

I was wondering what kind of SUV you had since few have frames anymore. An Escape does not have a frame, it's a unibody. So you don't have frame damage, it's damage to the unibody. Not sure that's any better, or any worse. They have a rack that they put them on to pull them back to where they are supposed to be. We have an Escape at work that got rear ended, it's been in the body shop for 3 months now. We were amazed that the insurance company was willing to fix it. It's a 2008 Hybrid with 100,000+ miles on it. The impact caused the roof over all the doors to bow out. Estimate came in at $6,500. Part of the delay was the person who hit it was driving a car owned by a local government. I think our insurance is stepping in to pay the bill because settling an accident claim with a government agency can take 6 months to a year. Also, they keep sending the wrong parts.

Yikes!

My personal mechanic (who has not seen the damage) said that if they try to fix a broken frame it will never drive right again and be nothing but problems. I have never heard the term unibody, but maybe they were dumbing it down for us since we are not car people.

 

[scrapquitler]

Unless the insurance company decides the car is totalled, or you have one of those policies that will replace a car less than a year old, I don't think you will have much luck. The insurance company doesn't have to give you the value of the car if it isn't totaled, just the value of the repairs.

You best bet might be to get the car repaired and trade it, knowing that the dealership will give you less for it because they will be able to tell it has been wrecked.

It's a crappy system, but there isn't much you can do.

I agree with this. Even IF the insurance company decides that the car is totaled, they are going to give you the current value of the car, which is NOT the same as the price you paid for it (unless you have the special insurance rider). So even if you paid $30,000 for it, once it's off the lot and has a few hundred or a few thousand miles on it, the value might only be $25000, whichi is what they will give you, so if you want to go buy a new one, you're goign to have to fork out some cash to make up the difference.

 

[WDSearcher]

They told me not to discuss it at work. I haven't . I don't work for the disboards. If it were up to me I'd post her name, credentials, and address for everyone to see. My employer is just afraid of her suing them. If she wants to sue me, go for it. I haven't said anything that is false. Or anything that identifies her here.

I'm sorry. I didn't mean to make you angry (which, clearly, I did). I thought it was a valid question in this day and age of social media. Someone could see you at work and say, "Hey -- I read this on a message board -- is this you?" And then suddenly someone at work knows the stuff you weren't supposed to tell people at work, and that might cause a problem.

I admit to being a little paranoid when it comes to social media; who's reading what and how far something can spread beyond the place it was posted. But honestly, I was only asking if posting the outcome here was against any sort of policy that might come and bite you later. That's all. Sorry.

 

[FlyingDumbo]

I'm sorry. I didn't mean to make you angry (which, clearly, I did). I thought it was a valid question in this day and age of social media. Someone could see you at work and say, "Hey -- I read this on a message board -- is this you?" And then suddenly someone at work knows the stuff you weren't supposed to tell people at work, and that might cause a problem.

I admit to being a little paranoid when it comes to social media; who's reading what and how far something can spread beyond the place it was posted. But honestly, I was only asking if posting the outcome here was against any sort of policy that might come and bite you later. That's all. Sorry.

Oh no, I am not mad at you. I am mad at HER. She really has caused a lot of inconvenience for me. My anger is not directed at you, sorry if I made you feel that way. Sure it is just a car, but it was my car. It was my car with my car seat (which also had to be replaced) and at a really bad time for us. Driving a rental and dealing with all the insurance and the drama that followed was a tad stressful. I really think its unfair that I have to be quiet about the truth at work. I get why they are doing it, to CYA their own liability. But this doctor should have her reputation ruined if that is a consequence for committing a hit and run in the workplace. She did it, not me. Now I have to be all hush hush at work because god forbid someone know what she actually did. I just know if it were the other way around and I did this to her car I would have been fired already. Life just is not fair. But well, worse things could happen so in the grand scheme of things it could have been a lot worse. It just makes me bitter! Haha. My husband really is the one dealing with all the hassle and I feel bad about it. But there is no way I could deal with all the 800 numbers and phone trees in a reasonable manner right now. Patience is not my thing these days. I am hoping after the baby comes I will be back to myself.

 

[Wishing on a star]

OP, if your insurance is going after this woman's insurance to cover this, then you can bet that their legal representatives are already involved.

You and your husband need to let your insurance know that, since this was a new vehicle, since there is major damage that involves the frame, you want a new one... Let then know, in the language that you are picking up here, that this is what you feel is necessary to be 'made whole'.

It is up to your insurance to go to bat here.

If you are not confident that they are doing this, then this might be the time to consult with a law firm that has a reputation for this kind of thing.

Again, you should NOT have any reason to deal with this woman, or sue her, or anything else. When all is said and done, thru the insurance companies, I can pretty much guarantee you that you will have no luck, no recourse in a personal civil suit. Her liability is covered by her current insurance... There was no injury... No disability...

Again, from your experience with this woman, and the fact that she has not been at work... You do NOT want to be having to mess with dealing with her.

OP, FOCUS on getting the insurance adjustment that you need (new vehicle).
And, with this woman and everything else.. LET IT GO...

Seriously, you have a baby on the way, this woman is out of the picture, your husband is there to deal with the insurance...

This is for your own sanity and well being...
Just let it go!!!!

PS: I think that at this point, it is not really necessary to continue to post details here on a public forum.
If anyone, anywhere, were to catch on... it is not going to look good for you... There is no further benefit for you, now that you have gotten to this point.

 

[Lorelei Lee]

Yes, exactly, you deserve a new car because that's what you had! You tell your hubby, press on, fight on!!

No, not necessarily. Go read your policy, it's an eye-opener.

Sent from my SCH-I800 using DISBoards

 

[Lorelei Lee]

Unless the insurance company decides the car is totalled, or you have one of those policies that will replace a car less than a year old, I don't think you will have much luck. The insurance company doesn't have to give you the value of the car if it isn't totaled, just the value of the repairs.

You best bet might be to get the car repaired and trade it, knowing that the dealership will give you less for it because they will be able to tell it has been wrecked.

It's a crappy system, but there isn't much you can do.

Good idea.

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[Lorelei Lee]

They told me not to discuss it at work. I haven't . I don't work for the disboards. If it were up to me I'd post her name, credentials, and address for everyone to see. My employer is just afraid of her suing them. If she wants to sue me, go for it. I haven't said anything that is false. Or anything that identifies her here.

You do not need the hassle you would get if you shared her personal information here, or elsewhere.

Sent from my SCH-I800 using DISBoards

 

[Lorelei Lee]

She should be fired and arrested for both the hit and run and the harassment of following you out to the car to pressure you not to have her fired. I haven't read any other responses but this was my first reaction when I read your post.

Go back and read the thread.

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[Wishing on a star]

True about insurance companies and policies....

What is open to interpretation is whether this serious damage, including a bent frame/unibody can be called 'totaled'.

I do hope it all works out!
The OP seems to stress easily right now, and I am not so sure that telling her that her vehicle can not be repaired adequately is a good thing. Especially since we don't know that much about it, and have not even seen the damage.

OP, Your insurance company may or may not go to bat for you here.
They might possibly just be all in with the other insurance company to minimize any costs. (blue code... cohorts...)

Where is your vehicle now?
Who is ascertaining the damage and how it should be repaired?

 

[Lorelei Lee]

Here's what we found out after being in two accidents (neither one our fault...in one traffic was stopped, an 18 wheeler was behind us, traffic started to move again, we were getting ready to start moving and the 18 wheeler driver FORGOT we were there and in the other a woman in a parking lot backed into our car) is that even though we didn't have to pay the deductible, our insurance rates went up because of these two. If nothing else, I would take her to court for that reason (although that may not happen in your case, since no one was in the car when the accident happened.)

She can't sue if she accepts her insurer's payment then her insurer is subrogated to her rights and she can't interfere with her insurer's claim against the other party. When I litigated subro claims we often asked the insured to give a formal assignment of rights as well.

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[horseshowmom]

Oh no, I am not mad at you. I am mad at HER. She really has caused a lot of inconvenience for me. My anger is not directed at you, sorry if I made you feel that way. Sure it is just a car, but it was my car. It was my car with my car seat (which also had to be replaced) and at a really bad time for us. Driving a rental and dealing with all the insurance and the drama that followed was a tad stressful. I really think its unfair that I have to be quiet about the truth at work. I get why they are doing it, to CYA their own liability. But this doctor should have her reputation ruined if that is a consequence for committing a hit and run in the workplace. She did it, not me. Now I have to be all hush hush at work because god forbid someone know what she actually did. I just know if it were the other way around and I did this to her car I would have been fired already. Life just is not fair. But well, worse things could happen so in the grand scheme of things it could have been a lot worse. It just makes me bitter! Haha. My husband really is the one dealing with all the hassle and I feel bad about it. But there is no way I could deal with all the 800 numbers and phone trees in a reasonable manner right now. Patience is not my thing these days. I am hoping after the baby comes I will be back to myself.

I would feel the same way personally. She committed a crime - hit and run. The fact that she hasn't been there does lead me to believe that she is having more issues from this than you may know about.

 

[Lorelei Lee]

OP, if your insurance is going after this woman's insurance to cover this, then you can bet that their legal representatives are already involved.

You and your husband need to let your insurance know that, since this was a new vehicle, since there is major damage that involves the frame, you want a new one... Let then know, in the language that you are picking up here, that this is what you feel is necessary to be 'made whole'.

It is up to your insurance to go to bat here.

If you are not confident that they are doing this, then this might be the time to consult with a law firm that has a reputation for this kind of thing.

Again, you should NOT have any reason to deal with this woman, or sue her, or anything else. When all is said and done, thru the insurance companies, I can pretty much guarantee you that you will have no luck, no recourse in a personal civil suit. Her liability is covered by her current insurance... There was no injury... No disability...

Again, from your experience with this woman, and the fact that she has not been at work... You do NOT want to be having to mess with dealing with her.

OP, FOCUS on getting the insurance adjustment that you need (new vehicle).
And, with this woman and everything else.. LET IT GO...

Seriously, you have a baby on the way, this woman is out of the picture, your husband is there to deal with the insurance...

This is for your own sanity and well being...
Just let it go!!!!

PS: I think that at this point, it is not really necessary to continue to post details here on a public forum.
If anyone, anywhere, were to catch on... it is not going to look good for you... There is no further benefit for you, now that you have gotten to this point.

The only options here are to deal with her insurer. If she doesn't accept their offer, the policy probably has a clause which sends all disputes to binding arbitration.

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[Wishing on a star]

She can't sue if she accepts her insurer's payment then her insurer is subrogated to her rights and she can't interfere with her insurer's claim against the other party. When I litigated subro claims we often asked the insured to give a formal assignment of rights as well.

Sounds like we do have a voice of information and experience here!

 

[Lorelei Lee]

Sounds like we do have a voice of information and experience here!

JD awarded 1984. Admitted to the bar 1985. 10 years of litigation experience in various insurance defense/subrogation law firms. Balance of my work experience at various insurance companies. Just a little bit of experience.

FYI please stop using tge phrase "made whole". That's a phrase for the measure of damages in a law suit. Since the OP is pursuing a claim under her own policy, she is only entitled to the amount her insurance company contractually agreed to pay. She needs to read her auto policy. She also needs to be clear with them that she expects them to protect her uninsured damages (her deductible) in the subrogation suit.

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