OT - Bad car accident - Advice appreciated!

[mickeywho?]

We were in a bad accident last weekend. Long story short - we were rear-ended by a massive dump truck while headed home from a weekend of camping. We were on Hwy 11 - headed south near Orillia - and the traffic was slowing and reducing to one lane as signs were up for a construction zone withing a few kms. From what I can gather - details are a bit fuzzy - the truck entered the hwy and was speeding up to what would have been the typical speed of the hwy and didn't notice that all the traffic ahead was barely doing 30. All we heard was the BOOM of the brakes and then it was too late.
There was plenty of room between us and the car ahead - and the cars behind all managed to stay out of the way. Only us and the dump truck involved.
Injuries - mainly sore necks and backs. My youngest and I were sent to hospital by ambulance, dh and eldest were examined on the scene. Everyone was properly buckled-in (including our dog!) and the airbags opened up and did their job. Thank goodness!
The police officer said we were not at fault and we're waiting on the report so we can see if there are any other details.
Our camper trailer was snapped off the back of the car and went spinning (locked to the hitch and double-chained so I'm amazed) Our car has now been written off by the insurance company and we're waiting to hear about the camper. The car was a lease (three months left and then we were planning on buying it) so I don't know how they handle this?? Our buy-out price would have been around $16,000 but the car would have had a value of around $24,000 - so there's no way we could now afford to buy a similar car for our budgeted amount. And our trailer?? If they total it, will we be given enough to replace it and all the gear that was inside? It was bought new and is only 4 years old. The gear we've been gathering up for 20 years.
I don't know what to do next! While I'm grateful and amazed that we all seemed to walk away from this with just a few pains and bumps - financially we're at the mercy of the insurance company.
Anyone else been through this?

 

[DisneyFreak06]

oh! No advice, but I'm sorry this happened to you! I am, however, very happy that every is doing fairly well though and I hope it all works out for you.

 

[Gina-Gina-Bo-Bina]

I am another who has no advice, but just wanted to say I'm glad to hear you are okay, and wish you good luck with your insurer. This is where a good broker can be your best advocate.

Big hugs!

 

[Alderbrook]

Did they remove all the stuff from inside the camper or was it all ruined? From what I understand they will give you what your car was worth in the blue book (or black book??). If you call your insurance company they will be able to give you more details on all of it. My DH was in an accident a few years back but they fixed his car because the damage done was less to fix than replacing the car (that's how they figure if something is a write off).

YOu should be able to visit your camper & get your stuff from inside. If you know where it is you should contact your insurance company with your concerns & tell them what you want to do. We never lease so not sure how that works with an accident.

Good luck & glad everyone was ok.

 

[mickeywho?]

We haven't been able to get anything out of the camper yet. It's a pop-up so we could only get what was within arms reach while it was at the collision center. DH said it looked crumbled and squished when he looked in. Most of he gear is packed into the interior storage so we're waiting to hear back from the ins co to see if we can even get it open (the top pops up and everything unfolds) but its likely that it's jammed so I'm not sure what will happen.
The car - considered totaled - will now be negotiated with the leasing company and we're hoping that they value it fairly so we can receive something to put towards the next car.
I'm beginning to really HATE insurance adjusters. I don't know what to expect next?

 

[bababear_50]

Just wanted to post that I am so happy you guys are ok.
I am so sorry about the car and trailer though.
Start writing a detailed list of everything that was in the trailer.
I know when I had a flood in my condo i had replacement insurance so they had to replace everything at current day value.

I also hated our insurance adj!
Just find out what your coverage says and stand your ground.
Sending special healing hugs your way!

~~~~~~~~~~~Healing Hugs~~~~~~~~~~~~~~~~~~~~
Mel

 

[minnie56]

Read through your policy which really everyone should do as soon as they get and ask ask ask questions of your agent to be clear on what happens from here. Your insurance company is as 'good as your first claim'..so here's hoping yours is one of the best!

Thank goodness everyone is safe!

 

[mommytodarlings]

Glad to hear everyone is ok!!

Are you insured with a direct writer or through a broker? If you are with a broker they should be helping you along during the claim. Like pp said, start taking inventory of what was in the trailer and write down questions for the adjuster. Sometimes, when you get them on the phone it's hard to remember everything you wanted to ask.

 

[iluveeyore]

I just got sideswiped in January during a blizzard when an SUV hit the passenger side of my Impala after not seeing the red light. My car was a write-off, and after a month of physio my neck was back to normal. I had some things that were left in the car when it was taken away, and the insurance covered the replacement cost of those items (CDs, hats, etc) and the cost of anything of my personal property damaged (my glasses were cracked, my favourite Christmas Mickey pin from WDW was destroyed by the seatbelt, etc). The insurance covered the replacement cost of the car, so whatever it would cost to replace that year, make and model in today's market. We had no problems with insurance at all - they paid for my time off work while I recovered, paid for my physio and expenses to drive there, expenses to drive to doctors, and actually called twice to see how I was doing. We had the check for the car and contents within a week. We had to pay off our car loan with the check though, and refinance, so not sure how a lease works - they will likely pay the balance of the lease, and then give you the rest of the replacement value. They also paid for a rental until we received the check. All in all, good experience insurance wise, bad experience accident wise. Actually just found out even though the lady that hit me was charged with failing to stop for the red light, she is fighting it (probably to keep her insurance down), and I have to go to court next month as the main witness.
Glad you are all okay and hope your insurance is as great as mine!

 

[tlseege]

I was just in a very serious car accident in June. My car got totaled and I got screwed. My problem was that my car was a 1999 vehicle. Perfect condition and very low miles, but it still was only blue book at 6,000. So needless to say, you can't really buy a great suv for that price!
However, the pain and suffering will eventually pay for it. They say that pain and suffering will be about 3x whatever your medical costs were.
Sadly, I'm still going to the doctor three times a week with a weekly massage, so I have no idea if that's really true.

As for the contents of your trailer, they should definitely be able to rip to top off and get your stuff out. They don't need to save it for anything, so they can cut it off if need be.

Good luck! And I'm glad you're okay!!!

 

[DisneyRookie2007]

I'm an auto appraiser. The car will be settled on ACV (actual cash value). If the settlement is less than your buyout, then gap insurance usually covers the difference. If the ACV is more than what is owing - you get the remainder in you pocket. I settle the ACV with the lease company (since you don't own the car). The auto policy is not a replacement policy - you will receive the depreciated value of your car (based on make, model, age, condition). Do your own research - it really helps - in case you don't agree with the figure.

I'm not familiar with campers - but I believe the settlement is the same (ACV). Contents (I believe) are usually settled under you home insurance as when the camper was purchased it likley didn't come equipped with alot of accessories (dishes, electronics, extra appliances, linen, etc). Those items will likely be depreciated based on age.

We call dealers to get ACV's and research similar models currently for sale on the internet in your area or province.

This is how my company operates - no telling if others operate the same.

 

[disneyfan123]

My wife was in a bad accident about 2 years ago (not at fault), and we actually did very well after all was said and done. Fortunately she, and or DS, were not seriously injured, but the car was a write-off. We had a 2 year old Subaru Forrester (highly recommend them), and our insurance gave us basically what we paid for it (it was used), less the taxes. We were shocked when they told us the amount we were getting; I was getting prepared to fight them, but they ended up being quite good to us. It helped that our car held it's value, as Subaru have very high re-sale values, but it goes to show you can never tell what will happen with your insurance.

I'm glad to hear you are all ok, and hope everything works out for you.

 

[tamarabannon]

OK a few things...

I'm an auto adjuster, though I've not been active in the last couple years. (In Ontario) what I say isn't official blah blah blah.

The US and Canada are very different insurance wise. People are not paid for pain and suffering through insurance. Your medical bills are paid as required, but they will subrogate against any other personal insurance you may carry (ie through work).

Don't hate your adjuster (unless they are ACTUALLY an ******). I've been called so many vicious vulgar names over the years. It's not the adjusters fault your policy doesn't cover what you think it should (in GENERAL, this is not addressed at posters here!) Don't buy the cheapest insurance simply because it's the cheapest. Look and see what it covers. Many new vehicles are covered by the replacement cost or new vehicle guarantee if it has less than so many kms or is purchased new and is within so many months old. You may need to ASK for this endorsement for your policy. If you don't have it, you're at the mercy of the appraiser (usually pretty honest guys, doing their jobs!) who will rate the vehicle on cleanliness and wear/tear.

Your camper policy will cover the camper. If your camper was not insured seperately, it may well not be covered at all, it depends on the wording of the policy. Again, this is generic information. The contents of the vehicle, and camper, would be covered under whatever property insurance you have, assuming the policy is worded that way (many are). Unless you have a guaranteed replacement cost on the property insurance, your personal belongings will be depreciated for current value, and not your current value, but the value on the general market. Items ATTACHED to the vehicle (speakers in the trunk, a CD in the CD player, a car seat) would be covered as part of the car. If the camper is a write-off (unsafe to repair, or the repairs are more than 75% of the value --adjuster and appraiser determine this) you MAY be able to remove belongings from the camper.

Your best bet is a good broker or salesperson who will help you understand what your insurance will cover before you sign up for it. Ask questions, use hypothetical situations etc.

As for the lady fighting her ticket... The ticket would affect her insurance, but the accident moreso. Likely she lost points on her license. If the ticket is thrown out, fault is still fault. Insurance will not wipe out the accident, her insurance will still be affected because she was determined to be at fault in the accident.

 

[tamarabannon]

Oh and fault determination is not a matter of personal opinion. It doesn't matter what the police say, in regards of fault, for INSURANCE purposes, the legally mandated fault determination rules (FDR's) are what apply and supercede police opinion and tickets.

The insured/driver is responsible for the care, custody and control of their vehicle at all times, in all weather, in all circumstances. SO if the woman claims she couldn't see the light because the sun was in her eyes, or the snow was too heavy etc. it won't matter. If the light was red, the duty of care was on HER to maintain the care, custody and control of the vehicle.

 

[tamarabannon]

all the above information is based on Ontario insurance laws as I used to use them.