My Own Little Budget-Buster (Final Update - 02/16)

[tonilea]

It's something called "holding certain people to higher standards" (as a retired military person, I tend to do that with servicemembers and cops) -- that's what seperates them from other professions. If they don't want to be held to that standard, I'm sure they can find a career, elsewhere.

I agree law enforcement should be held to a higher standard, but you described it as an accident, not something where he or she was driving like a maniac. It probably even holds true for LEO families - DH is a cop, and I am very concious of how I drive. Full stops at every stop sign, etc. I don't want anyone thinking that I think I can do whatever I want because DH is a cop. KWIM.

Seems to me you may have an LEO in your family/household -- yes, they, along with the rest of us make mistakes. But you'll have to forgive me for not being so understanding, as we had a similar problem involving a State Trooper in our local area, recently.

As I cannot seem to make a hyperlink at the moment, go to http://www.stltoday.com/news/local/...cle_411f2abe-ff3b-56fe-9b4e-f016d4b12e6b.html and try telling Kim Schlau and Brian Uhl "these guys make mistakes".

That wasn't a mistake, that was reckless endangerment. It was crazy. It was alot of things, but IMO it was not an accident.

You must've missed the part that this was his personal vehicle, and he was on his way home from work. The weather in this area hasn't been great over the past few weeks, meaning someone in his position needs to excercise more caution than usual. Despite what some may think, cops aren't invincible...they, too, need to slow down... I didn't miss the part about it being his personal vehicle and I agree, if he was driving too fast for conditions he should have slowed down.

The reason I am passionate about this is that had my 4 year-old son been in the back seat of the car (my wife was on her way from work to his daycare to pick him up), the story I am sharing with you, today could've been far, far uglier.

I get your anger at your child being in danger. We were almost involved in a DWI wreck - I was on the phone w/ 911 and the drunk in front of us hit a SUV being trailered by an RV on a very narrow Ozarks road. We were almost sideswiped by the SUV/trailer. The drunk didn't even stop. We followed to a convience station and I wanted to beat the living daylights out of that woman for putting my 3 month old baby in danger!

I hope you are properly compensated by his insurance!

 

[DizneyDogs]

My mustang was totaled in Nov and we also have USAA insurance. The other party who was completely at fault had Geico and had the state minimum which was not enough to cover the loss so we had to go through USAA. They were really great about it said we didn't have to pay the deductible and that our insurance would not go up. I looked up the value on nada.com and we got pretty close to that value so I was happy about that. The only bad thing about USAA was that the rep who was helping us went on vacation and failed to turn it over to someone else so we kept leaving messages and never got a call back. Finally we got someone else to help us after 3 weeks and got everything settled. They will also ask you for you to fill out a power of attorney to turn title of the vehicle over to them. Ask for this document up front as they won't accept a fax or email copy and you have to wait for the mail and for them to process it before getting your settlement. In the end everything worked out and now I have a new vehicle.

 

[Sandi]

Happened to me last June. On my way home from work, I was broadsided by an older man who blew through a stop sign. He told the police officer he stopped and that I came out of no where. Fortunately, several witnesses stuck around and told the truth. My Honda Pilot was totaled; his front end was damaged. My Honda Pilot was a 2004, completely paid for, and in great condition. Being in Michigan, we have no-fault insurance so it was my insurance company that had to pay me. They paid the blue book value. I could have argued about it, but they were being decent and also taking care of my medical bills promptly and efficiently without giving me a hard time. Besides, I wanted it resolved quick so I could get a replacement car. I purchased a Honda CR-V instead of another Pilot. The new Pilots are bigger and more expensive than was in my budget.

I'm glad your wife is okay and that your son wasn't in the car when it happened. Make sure to get another safe car. Life happens.

 

[Disneybuckeye]

We too have been through this and know what a pain it is to replace a car you had no intention of replacing. I am also thankful that your wife is ok and your son was not in the vehicle. I hope you are able to find a solution that meets your vehicle needs and you can put this behind very soon.

 

[torinsmom]

Just because your car is totalled by insurance standards, doesn't mean it can't be repaired by a body shop. When I "totalled" my Mustang when I was in college, the insurance company offered me, I believe, $2200 for it. The other option was to take $2000 and keep possession of the car. I found a body shop that was able to fix it for that amount and drove it for 4 more years until a tow truck hit us a totalled it again Some will tell you it will be considered a salvage vehicle and hard to insure, but I never had any trouble with that, and I kept the same title I had before the accident.

 

[disneychic2]

Sorry you have to go through this. Glad your DW is fine and DS was not in the car!

 

[wtrmlnlabs]

OP, here - I failed to mention that the person at fault is insured by Erie Insurance (I had never hweard of them until this). It is to my understanding that USAA may tentatively pay me until they get a paid by Erie.

We have Erie, they are a pretty good company as far as I've seen. We were just in a bad accident right after Christmas, kinda like yours, we're okay (DH out of work for up to 8 months at this point though) and our car was totaled, 100% not our fault. State Farm was their insurance and they did well with paying for our car. They said insurances go by the, shoot, not Kelly blue book but the other big one...can't remember it. They see what it says, call some local dealers for what they'd sell it for and figure from that. We of course didn't get what I'd want... but I can't really complain. They added extra for the new tires and something else I can't remember too. I'd say if you talk to them you may get a little better than they offer but wouldn't worry too much, it should be pretty fair. Of course we couldn't find something for what they gave us, spend about $2000 more, but not too bad!

I'm glad to hear your DW was alright and son not in the vehicle. All of us were in ours, DS 7 and DS 4, I still get very sick and shaky when I relive that accident and think of what could have happened to them. Our trunk was completely gone, right up to just behind the back seat they were in. Just a slightly smaller trunk and they could have been seriously injured or worse. SO glad to hear it didn't turn out worse!!

 

[mrsheppo]

We were in an accident right before Thanksgiving. We were stopped at a stop sign waiting for traffic clear when a woman came around the corner going too fast for conditions (it was snowing) and sideswiped us. Just looking at the vehicle, I knew it was going to be totaled and was dreading what we would be offered as it was a 20 year old pickup with over 200,000 miles on it. To our shock and surprise, the other party's company paid us a very fair price and we were able to replace it with a 1998 Ford Expedition which was a one owner vehicle with low mileage for the amount we were given.

I hope everything works out in your favor. I'm glad your DW is ok. Also, if your DS's car seat was in the car, make sure the insurance company pays for replacing that also.

 

[Leajess99]

Just when you think it couldn't possibly happen to you -- it does...

Late last week, my wife was in an accident involving our SUV -- while she emerged from the accident unharmed, the vehicle, however, was another story.

It was deemed a total loss by the repair shop. My insuance carrier (USAA) concurred.

Now, the fun part - the vehicle is a 2003 model. I purchased it new and have kept it up, over the past (nearly) 8 years of ownership. I am being told by the repair shop that all insurance companies (USAA included) will do their best to "low-ball" the value of my vehicle (I own the title free and clear).

After reading some consumer reviews on the 'net over the weekend, I am now getting the impression that USAA is "great for rates -- not so great come claims time". I guess I have little choice but to wait and see (and fight, if necessary). Regardless of what they pay me, it will not be enough to replace a 1-owner vehicle -- and buying a new car is simply not in the budget for at least the next couple of years. We do have a second car (if you want to call it that) - my wife's POS 10-plus years old Chevy Cavalier that can't even be relied upon to get you across town.

My wife will not be at fault, as the other driver already admitted fault to the State Police (the investigating authority), To add insult to injury, the party who hit my vehicle is a member of my local law enforcement (he was operating his personal vehicle, as he was on his way home from work).

As Disney goes, that was our long-haul vehicle for trips and family transport, in general. As that is now kaput, I see little need of discussing travel that won't be happening for the next few years with the rest of you.

I am not looking for hugs, pixie dust, etc. I just wanted to share how things can (and do!) turn-around and bite a person in the butt. And for those of you who have said that I was "mean" in the past -- well, I guess you can finally get out the popcorn and have a laugh on me!

Check with the car rental sales places as they have some good cars at reasonable prices and some even have warranties left on them.

Also, you can be thankful that the other driver has insurance as it could always be worse. When we were hit by the drunk driver, he had no license, insurance, stolen plates, DUI, and a few other charges. My insurance had to pay for everything but they did not total my van out. Even getting a rental was a pain because they only pay so much a day and that so much was no where near enough to cover a mini van.

Hopefully everything works out for you guys.

 

[disneymarie]

The sad truth is that a car's true value is never going to be enough to replace it...and even demonstrating how much money you 'put in' to the vehicle won't change that. You shouldn't expect any more than blue book value, and perhaps even a small amount less.

I will say that USAA has consistently demonstrated fairness in any claim I've had. Years ago my car was totaled with only two payments left. I got a fair amount based on the car's age and condition. Even though I had JUST put four brand new tires on the car, it didn't matter that the $600 I'd spent was now gone. Tires are a necessity and regular maintenance item and the age of the tires didn't figure in the overall value of the car.

Best of luck to you in finding another vehicle.

I don't know who your adjuster was, but working as one,especially several vehicle claims I often run into new tire purchases or music systems etc, that are calculated into the final amount.

 

[Leajess99]

Out of curiosity, why does the fact that the other driver was a LEO add insult to injury? If he had tied to "good ole boy" the trooper or tried to deny fault, I would agree. But, he admitted fault, he is insured, and didn't try to do anything wrong. Clearly he made a mistake, but LEOs are not perfect. They are human. They make mistakes.

In fact, considering the sheer number of miles they put on a vehicle, it is an expected part of law enforcement. It isn't if they will be involved in a motor vehicle accident, but when.

While LEOs do make mistakes, many of them can be avoided if they would just drive safely. I'm sorry but when an LEO officer is driving almost 100 mphs without following a suspect than that it out of control and should require punishment. Oh and the ones I have witnessed doing this were not even in their own jurisdiction. We have also had cops total police cars on their time off from dangerous driving. These are NOT mistakes. Some of these LEOs do not care that their speeding is endangering the lives of others.



Oh and I have several friends who are LEOs who tell us to make a report. The most recent incident in which I reported a local cop for was making a right hand turn from the far left lane in front of other cars to include mine. He had no lights, no sirens, no turn signal, no nothing just turned into a meat store in a 55 mph zone. This man caused the several cars to slam their brakes and pray the people behind them were not too close to stop. My children were in the car with me and I was livid for the stupidity. Even the dispatcher questioned why he did not give notice of turning.

 

[Leajess99]

I get your anger at your child being in danger. We were almost involved in a DWI wreck - I was on the phone w/ 911 and the drunk in front of us hit a SUV being trailered by an RV on a very narrow Ozarks road. We were almost sideswiped by the SUV/trailer. The drunk didn't even stop. We followed to a convience station and I wanted to beat the living daylights out of that woman for putting my 3 month old baby in danger!

I wish more police officers and their families exercised caution when driving around here. We have such a high traffic rate in a small area now due to the Army's relocation of units and it gets downright scary. Seeing police officers on some of the roadways and local highways (especially the less busy highways and expressways) flying down them at unsafe speeds it irritating.

I am so glad your family was safe in the DWI situation and you were able to follow her. There are some crazy people out there. We were hit by a drunk driver (his mom was passed out in the front seat next to him) and he took off but thankfully my vehicle was still driveable so I chased him down and his engine blew. He was laughing as the officer took him to the police car and did the field sobriety on him. I wanted to get out of the car and beat the crap out of him because my youngest was in the back seat of the van and did end up being hurt (neck injury and it broke my heart as she cried from the pain) even with being in her highback booster.

A week after that a woman in her early twenties was driving irradically and side swiped another car after nearly rear ending us because I was not driving fast enough for her (I was doing the speed limit). I followed her while calling the police and she went to Goodwill. I waited for the police to arrive and then walked up and talked to the officer. I gave the victim my info as well in case she needed it. She was on her way to get her granddaughter when it happened. Some people have no business driving a vehicle.

 

[dis-happy]

I agree with the expecatation that LEO's should be the better and safer drivers out there. IF you think about it, the whole Toyata acceleration thing didn't gain any credence until it was an LEO who was unable to stop his vehicle.

 

[JB2K]

I just received a call from USAA -- they are willing to offer me a little less than 60% of the vehicle's current retail value (the vehicle concerned has a NADA retail value of roughly $8K with options and mileage taken into account).

I was also told the 60% was not inclusive of Illinois sales tax - which would be reimbursed to me if I bought a replacement vehicle within 30 days (nothing like being strong-armed into a decision - I had not planned on purchasing a replacement vehicle until later).

I am being told this "settlement" is based on the "vehicle's condition" with an unclean interior/exterior -- that does not sit very well with me, as I have kept the vehicle in near-perfect condition (and we've had snow/ice on the ground for over 2 1/2 weeks - of course, there is going to be something of a dirty carpet/mats, this time of year).

I told the USAA Rep that I am not signing anything until I receive paperwork from them stating what enabled them to come to this decision.

I called the other party's claims representative @ Erie, and he told me when he interviewed my wife, yesterday she told him "we were dealing with USAA". I somehow doubt she said that, because even though she is on the policy, she is not on the title (I purchased the vehicle before I got married) and cannot legally make decisions on the disposal of my vehicle.

Here's my question to those of you who have "been there/done that" - if I were to sign anything, would I be signing all future rights away, or could I collect and perhaps file a civil suit for the remaining $3K?

Should I be looking to "lawyer-up" at this point in time?

 

[JB2K]

I agree with the expecatation that LEO's should be the better and safer drivers out there. IF you think about it, the whole Toyata acceleration thing didn't gain any credence until it was an LEO who was unable to stop his vehicle.

And it still hasn't gained any credence, according to yesterday's news.

 

[ExPirateShopGirl]

Typically you will be required to sign a release of all claims to receive a settlement payment which would be used as a defense to any proceeding you initiate to recover further compensation. In other words, you're free to file a lawsuit but you wouldn't get a dime. You needn't necessarily have to lawyer up yet until you've exhausted negotiating with your agent/adjustor. And yes, the offer to pay tax is an incentive for you to settle quickly. It's a tactic that often works.

Here's my question to those of you who have "been there/done that" - if I were to sign anything, would I be signing all future rights away, or could I collect and perhaps file a civil suit for the remaining $3K?

Should I be looking to "lawyer-up" at this point in time?

 

[arihillfarm]

I just received a call from USAA -- they are willing to offer me a little less than 60% of the vehicle's current retail value (the vehicle concerned has a NADA retail value of roughly $8K with options and mileage taken into account).

I was also told the 60% was not inclusive of Illinois sales tax - which would be reimbursed to me if I bought a replacement vehicle within 30 days (nothing like being strong-armed into a decision - I had not planned on purchasing a replacement vehicle until later).

I am being told this "settlement" is based on the "vehicle's condition" with an unclean interior/exterior -- that does not sit very well with me, as I have kept the vehicle in near-perfect condition (and we've had snow/ice on the ground for over 2 1/2 weeks - of course, there is going to be something of a dirty carpet/mats, this time of year).

I told the USAA Rep that I am not signing anything until I receive paperwork from them stating what enabled them to come to this decision.

I called the other party's claims representative @ Erie, and he told me when he interviewed my wife, yesterday she told him "we were dealing with USAA". I somehow doubt she said that, because even though she is on the policy, she is not on the title (I purchased the vehicle before I got married) and cannot legally make decisions on the disposal of my vehicle.

Here's my question to those of you who have "been there/done that" - if I were to sign anything, would I be signing all future rights away, or could I collect and perhaps file a civil suit for the remaining $3K?

Should I be looking to "lawyer-up" at this point in time?

Definitely do not sign anything until you are offered a fair price for your vehicle. NADA Blue Book does not take condition into account at all, like Kelley Blue Book does, so I'm calling BS on that one. All they consider is age, mileage and trim package. You can look it up yourself at nadaguides.com I was rear-ended in my husband's 1995 BMW 525i in 2006 when he was deployed, the very same day I had just sold my '95 BMW 525i. His was in better shape mechanically, but looked really rough. Dents, missing trim, rust, power windows didn't work, etc. I was paid a little over 8K for a car that we only paid 4K for a few months before, but that was the NADA Blue Book value on paper so that is what we received regardless of the condition.

-Astrid

 

[arihillfarm]

I was also going to suggest running your car through nadaguides.com and calling your adjuster. Make them stick to the retail price as close as you can. You are not trading it in, you need to buy a new car and you will have to do so at retail price since the other driver made sure that yours was totaled due to his/her negligence and/or fault. Don't back down and go to the other driver's insurance co. if you have to and repeat the above. USAA is trying to buy you off cheaply and you can bet that once they pay you and you sign the release, they will go after the other co. for an amount close to retail, except you'll never see a dime of the difference. My totaled BMW was paid for by the other driver's insurance co., not my own, although mine made sure they were moving along on the process.

-Astrid

 

[pilesoflaundry]

I guess USAA has cheap rates for a reason. We are no longer with them for a few reasons, nothing to do with claims. I'm sorry . Fight them, don't sign anything until you are happy with what you are getting.

I'm glad your wife is ok.

 

[dis-happy]

And it still hasn't gained any credence, according to yesterday's news.

What I meant is that no real investigation into the cause of unexpected acceleration didn't take place until that phone call by an LEO was recorded. Previous complaints by other drivers were ignored.
The article you bookmarked has to do with closing the investigation into whether or not there was an add'l electronic problem causing acceleration.