Car Accident - Advice

[clj1410]

I will try to make this a short story...

Several weeks ago my husband was rear-ended in my 2009 Honda Odyssey and then pushed in to the car in front. Finally the insurance company has decided that the driver of the car that hit my husband, is at fault!

We have never been involved in an accident before and our insurance company is not being very helpful. So i am hoping that someone with some car accident experience can help me out.....

We have been renting a Ford Focus for the last 2 1/2 weeks and could be renting it for at least the next 5 weeks!! What are the chances that we are going to get the car rental fees back? Do you think at this point since the insurance company assigned liability i can go rent a more comparable vehicle to what i had, and have the insurance company pay for the rentals??

My other question is: The autobody shop as added approx $6000 in supplement charges to the repairs. So the total to get my van fixed is $13000 (about 65% of the vans value)!! Of course it is only 2 years only, so it is cheaper for them to get it fixed, than for them to total it.

However saying that i feel that there is a lot of damage to my van,it has expensive front and rear damage and i would, at this point like them to total it. Is there anyway i can push for this??

It is also going to lose its value, if they do fix it, what are the chances of recouping the dismished value??

Thanks for any help and advice

 

[scrapquitler]

I will try to make this a short story...

Several weeks ago my husband was rear-ended in my 2009 Honda Odyssey and then pushed in to the car in front. Finally the insurance company has decided that the driver of the car that hit my husband, is at fault!

We have never been involved in an accident before and our insurance company is not being very helpful. So i am hoping that someone with some car accident experience can help me out.....

We have been renting a Ford Focus for the last 2 1/2 weeks and could be renting it for at least the next 5 weeks!! What are the chances that we are going to get the car rental fees back? Do you think at this point since the insurance company assigned liability i can go rent a more comparable vehicle to what i had, and have the insurance company pay for the rentals??
It depends on the rental coverage that your policy carries. Most of the time, if you do have it, there is a daily $ limit of how much they will pay. If you want a more comparable vehicle, then generally you'll have to pay the difference between the stipend (with my Mom's recent coverage it was $20 per day) and the actual cost of the vehicle rental.

My other question is: The autobody shop as added approx $6000 in supplement charges to the repairs. So the total to get my van fixed is $13000 (about 65% of the vans value)!! Of course it is only 2 years only, so it is cheaper for them to get it fixed, than for them to total it.

However saying that i feel that there is a lot of damage to my van,it has expensive front and rear damage and i would, at this point like them to total it. Is there anyway i can push for this??

Probably not. My Mom's recent accident, her vehicle was valued at $9500, the damage was $7100. They wouldn't total it.

It is also going to lose its value, if they do fix it, what are the chances of recouping the dismished value??
Unless you have some kind of special rider on your policy, probably none.

Thanks for any help and advice

.

 

[czycropper]

Call your insurance agent not the insurance claim adjuster - ask him to see if your car can be put as a totally damaged. If that happens everything will be covered AND the insurance company will have to replace your car. I had an accident a few years ago (I lost control trying to not hit a dang deer on Dukes Parkway in Hillsborough, NJ) and my agent called the place that my car was taken to and then the insurance adjuster and they deemed it a total damage - my insurance covered my rental car for a month and I got replacement cost for my car (Honda Pilot) - which was more than I thought since the car was 3 years old! We have full coverage on our cars and at time we had 3 since my DH had his "midlife crisis" car - a convertable!

My insurance company is StateFarm.

Also, don't be surprised if you get sued by the car you hit but if that happens you can counter sue the car that hit you and your insurance company is required to represent you. Those lawsuits are very common in NJ.

PM me if you have any more questions.

Good luck!

 

[jeffdlong]

Dont forget that NJ is a no fault state which precludes you from suing for damages to your car. (Dont ask me how I know) If anything, you have to file suit for pain & suffering.

 

[Panna]

On the car rental. If the insurance agency's have deemed the other driver at fault, then their insurance - not yours - should reimburse you in full for those rental costs.

The side of my SUV was hit while it was parked, and I had a rental car for almost 3 months. though I had to put it all on my credit card until everything was decided, I did receive a check from the other insurance company paying those charges in Full - thank goodness.

Good luck and i'm glad no one was hurt.

 

[MELISAZACK]

Im an adjuster for auto for a large insurance company.. your agent has NO say over the claims department.. so that is false info.. agents are salesmen nothing more...
and realy most adjuster get annoyed with them cause the tell wrong info to insureds all the time making us look like the bad guys when we tell you no your not getting that or cant or no it doesn't work that way...

cars are totaled once the repairs are over 80% of the value of the car not before.. no discussion there.. If it really close like 78% then there is wiggle room to get it to the 80% but sometimes even then you can't push the figures over the edge - if you do by manipulating them we call in FRAUDE so I wouldn't go there.

make sure you are getting a lifetime warrenty for all work your shop is doing and as long as you own the car if any add'l issues would arise from work they did it would be covered for the life of the car in your possesion going forward.

and please keep in mind claim adjusters are bound by the POLICY you purchased so really you should read it and know whats is and isn't covered. we aren't hear to be bad guys or not give you what we owe you.. the policy is very strick and it is what it is... we owe for what you purchased through your policy and to bring your car back to pre accident state and not a better position then that.. that is why they depreciate the cost of tires when they are damaged for instance.

 

[MELISAZACK]

Oh with rentals - some companys only give clmts certain size veh to rent
like a intermed size car and wont' pay for anything bigger so check on that too.

 

[a1tinkfans]

well, it is always simpler to go first party (thru your own carrier) let THEM do the investigating, evaluating and subrogation (getting back what they paid you INcluding your deductible) and you get your car back faster or Hopefully in your case totaled, (what a nightmare, sorry)
As far as rental, YOUR policy dictates what you get...it is whatever you paid for in your policy. It is black and white.
IF however you are going THIRD party (against the alleged wrongdoer) that other responsible car, you will likely a) get less, b)get aggravated more c) be ripped on your rental d)wait longer and have to fight...

as far as totaling the vehicle, again it is WHAT the total damages comes to compared to its "alleged" worth...many times, if is is close repair places and carriers DO work it out, and that is not fraud, its going inch by inch and XTra attention to minutia and detail is taken (which is what should happen every time, but often does not for various reasons...)

So, from my point of view....I really do think you are Much better off getting it resolved thru your own carrier direct, it really is a rather simple process that they handle like clockwork, day in and day out.
Best of Luck.....Since you did not mention injury, I am so glad it was just the vehicle. As an aside, No Fault as someone else mentioned is "regardless of fault" and refers to Medical portion not Property damage.....again, best of luck to you!

 

[dhuba]

It depends on your policy if you get reimbursed for rental fees. Ours was just in the shop for a hit and run and we had 40 dollars a day for rental on our policy.

 

[tlbwriter]

The at-fault driver's insurance should be paying for your car rental, and it should be a comparable vehicle.

 

[dex08]

Ironic you should post this today because I was just rear-ended yesterday evening by an 18 year old. I was fortunate that I maintained a very safe distance between me and the vehicle in front of me, so I didn't get pushed into a sandwich.

Last night I called my own insurance and reported it and started filing a claim but then today I called the 18 yr old's insurance company and filed with them. They said he'd not filed or notified them of the accident yet but they called me back two hours later after talking to him and he admitted fault and they are covering all of my repairs and rental car coverage for a comparable vehicle of comparable size and class. Since I'll be going through their collision shop, they will handle all of the payments directly and it is guaranteed/warranted for life. I then cancelled the claim with my insurance -- so glad to do so because I don't want my insurance rates going up because of this accident which wasn't my fault! Plus I don't have to pay anything out of pocket.

Sorry you are going through this. I can say with recent experience that this is no fun to have to deal with!

 

[czycropper]

Im an adjuster for auto for a large insurance company.. your agent has NO say over the claims department.. so that is false info.. agents are salesmen nothing more...

Yes, agents may be salesman but they also can get to the adjuster sometimes faster than a customer and talk to them in the right language - so my experience was greatly helped by my agent. I said that the agent spoke with the adjuster NOT that the agent convinced the adjuster to deem it totalled. So it was not FRAUD! and I was not telling the OP to participate in fraud.

The agent may have helped us more since at the time I was the Exec. Director of the County Bar Association and my DH is an officer of a reinsurance company. I never had to call the adjuster---the adjuster called me within an hour after I had spoken with the agent.

Also, a car being totalled may depend on whether the frame of the car was damaged (I will be glad to send OP the case law in NJ regarding that).

 

[kathie859]

OP, I'm glad your DH wasn't injured. I was rear ended (while driving a new car!!!!!!) several years ago. The person's insurance coverage paid for over 3 MONTH'S worth of rental while we waited for parts for my car. Of course they paid all repair bills and a few extra thousand for my troubles. I will say it was so annoying! Their adjuster was professional and easy to deal with. I didn't involve my insurance company except to report the accident and since KY is a no-fault state, my insurance paid part of the claim and then turned to the other company for compensation. This accident did not cause my premium to increase---it wasn't my fault.

 

[clj1410]

Thanks for all the input.

Sorry should have mentioned DH and DS amazingly walked away from the accident unhurt, thank goodness.

We learnt by our mistake and will be adding rental on to our insurance policy!

My insurance company said that the other parties insurance will probably cover our rental costs, but since no liability was assigned until 2 weeks after the accident, i rented the cheapest car we could, because to rent a minivan it would be $600 a week I couldn't get stuck with paying for that!!We are going to have the rental car for total of about of 8 weeks. I really do not have the money to pay for this, out of pocket.

When the accident happened we called our insurance company and filed through them, just to get things done quicker, haha that didn't work out! It is almost 3 weeks since the accident and my van is still sitting in a body shop waiting for the adjuster to go back out and approve the supplemental charges. Once approved it is going to take at least 4 weeks to repair.

My insurance company is really not doing a great job and can't wait to get rid of them when this nightmare is over.

Since i claimed through my insurance, this doesn't mean that my rates are going up right???

 

[starry_solo]

As long as it isn't your fault, your insurance rates shouldn't go up.

 

[Muushka]

OP

I am glad your husband and child are fine. And I hope this gets straightened out fast!

When I read things like this I am always reminded of the threads that are started asking about what insurance company is a good one.

Many times people just look at the cost of the insurance rather than the company's reputation for taking good care of their customers.

As frugal as I am, I pay extra for a company who has proven itself with me a few times, both auto and home.

Amica. A great insurance company.

 

[cheap traveler]

IDK what the law is in NJ, but in NY adjusters have 48 hours to inspect your vehicle, and that same limit applies to suppliments. (weekends don't count)

I would call your company, and tell them how long it has been since they were contacted about the additional damage, and find out what is taking so long.

I'm also wondering why 4 weeks to repair?? That is a very long time, even with $13000 in repairs. I own a shop, and the $19000 repair we had a few years back took only 2 weeks, and we had to wait for the company that modifies the van bodies to send us a roof. (it was an ambulance)

It's too late now I know, but you (everyone) should always choose their own shop, not just go to whomever the insurance company tells you to use. That shop works for the insurance company, they don't work for you. To become a "Direct Repair" shop, you have to agree to all kinds of money-saving short cuts, including cheaper parts, regardless of what the customer wants. And all reputable repair shops will warranty their work.

Good luck with everything!! You may lose a bit of value on the car, but only if you plan not to keep it long. I always run my vehicles until they don't run anymore (almost), so I wouldn't be affected I guess.

 

[JoiseyMom]

I live in NJ and I was hit in a parking lot. The dent was minor, but expensive. I had the option of going through my insurance and they would go after the party at fault or though the person that hit me. I went through the other persons insuarnce, buy my company was aware, and said to call them at any time.

Now the other company said they would only pay for an economy car. Well I called them and said I hve an SUV, I need a four door car that is going to accomodate my family and my tall husband. A tiny car would not do it. They covered the rental...granted it was only a few days.

Why are you going through your insxurance? Since the other company is at fault call, them directly, they have to cover your rental. It doesn't matter that your insurance doesn't...the other company is paying since their client is at fault.

 

[clj1410]

OP

I am glad your husband and child are fine. And I hope this gets straightened out fast!

When I read things like this I am always reminded of the threads that are started asking about what insurance company is a good one.

Many times people just look at the cost of the insurance rather than the company's reputation for taking good care of their customers.

As frugal as I am, I pay extra for a company who has proven itself with me a few times, both auto and home.

Amica. A great insurance company.

You are absolutely right, we are with a big name company and I am amazed at the lack of help etc from these people, will not stay with them afterwards, just because of the way they treated our claim!

 

[DVC-Don]

IDK what the law is in NJ, but in NY adjusters have 48 hours to inspect your vehicle, and that same limit applies to suppliments. (weekends don't count)
..................

Not so in NY. Insurers have 5 business days to look at an insureds vehicle. If it's a claimnants vehicle, they just have to look at 80% of them within 30 days.

In NJ:

NJ insurance regulations require your insurance company to contact you within 10 working days after they have been notified of a loss, or if they intend to exercse their right to inspect the damaged vehicle, they must do so within 7 days.

from state.nj.us/dobi/ins_ombusdsman/wysk1.mtm#4