[45TAJ]

Son involved in auto accident. Car A rear ended B which shot B across median into my son's path. No injuries, PTL. Report states son not at fault.

Now, what are reasonable requests to be made?
We need the third car for son to get to work/school.

It was 22 years old, excellent running cond, very nice interior (Old lady owned), outside very average. Had had brakes, hoses, battery and alt done just before we got it. Yes, it is totalled, would be if it were only 7 years old. Front end pushed back to tire.

I realize it will "book" at near zero value. Would be happy for it to be replaced with "like" vehicle.

What are my "rights"? Want to be reasonable, but don't want to be taken advantage of either. Do they have to furnish a rental?

Thanks in advance for any and all advice or suggestions. State is SC if that makes any diff.

 

[xring]

Car Coverage

TAJ what you are allowed is very difficult to answer because it varies from Insurance Co. to Insurance Co . Usually the big companies are reasonable . I would Total up all the recent parts Costs . I don't think there are any Blue/Yellow Book Prices on an '85 so I would try to find something similar , with similar Mileage and Condition in a local big city Sunday Paper . Copy that for back-up and add to that Price the recent Parts replacement Costs . Finally , add maybe $250 or maybe a bit more for the hassle you had , and go from there . The Co. will probably dicker you down no matter what figure you give them .

 

[DOUG in CO]

More info?

TAJ glad your son is OK.

You might want to contact the adjuster for the company that insures Car A if it was insured. They should cover the rental for a reasonable amount of time.
In addition, the rental cost will give them an incentive to move the process along a little faster.

Talk to your insurance company, they should help you out with advice.

If you want what is fair then start high on what you ask for at first. That way you have room to get to what you think is right.

Be patient, it will take some time.

Shoot often!
Doug in CO

 

[T.D.C.]

I worked in the industry for 32 years for large company. This type of case is always a problem. Try to get dealer affidavits from those that knew the car. A garage or small lot can sometimes be the best for information. You did not mention what sate you are from but that can make a huge difference. Get some photos of the car, in and out to support the conditon. Hopefully either "A" or "B" step up to the plate. The car that struck the other from behind should be the most likely. PM me if you have problems.
T.D.C.

 

[PinMd]

Taj45

TAJ, PM sent...

 

[Bear]

My 60 chev 2 dr impala got hit

while it was parked in front of my house. The drunk went home and bled to death in bed. Anyway, my Dad said just CHILL because THEY have to settle with YOU, and the rental car is their burden (yes, they have to pay for an interim car for you) and by having a rental they are especially motivated to clear the claim.
You bet they hurried! I didn`t try to rip them off. I wanted fair replacement cost, and they were in a HUGE hurry to settle. Still laugh when I think about all the stress those pencil pushers went through for $1000 bucks.

Don`t let em` walk on you. Glad he is ok, that`s the biggie!

 

[Stan in AR]

Varies from state to state company to company

As a retired insurance agent the best advise I can give based on your information is to contact a couple of used car dealers and ask them to provide you with affidavits as to the value before the accident. You will be hard pressed to get money for repairs as most companies consider that "normal expenses" to operate a vehicle. If you had a major repair just prior to the accident you might get something for that.

In most states the liability carrier will provide you with a rental car until you are offered a settlement. In your case it will be when the adjuster deems that your vehicle is totaled. Once the offer is made by the carrier they will no longer continue to pay for a rental.

Regardless, have your son go to a physician and get checked out. Do not release the company from personal injury(most states you have 3 years to file). Some companies will not pay personal medical expenses up front but suggest that you have your own carrier take care of medical bills and when your son is discharged from care your carrier will subrogate their expenses from the liability carrier(again this may be state to state dependent).

In summary its not likely you will get what the vehicle is worth to you. If it is repairable(but insurance carrier totals it) ask for salvage so you can get the car back and use the settlement money to repair. It can always be fixed for less money than the estimate assuming there is no irrepairable damage.

Good luck

Stan

 

[T.D.C.]

Are you in a no-fault state??

 

[Stan in AR]

Yes and No

Are you in a no-fault state??

We are a "no fault" state but not like say Mass. Our "no fault" covers medical,work loss, and disb/death.

It is a general practice in our state for medical to be paid by insured's carrier then carrier subrogates the liability carrier. If insured is represented by an attorney, he also gets a cut of the medpay,workloss, and/or disb/death. Needless to say attorneys wrote the "no fault" laws.

We also have uninsured motorist,uninsured motorist Pd, and underinsured coverages in our state. All but umpd are medical covereages. We use to have a "guest statue" in our state whereas passenger could not sue driver unless "grossly negligent". Now, any passenger other than immediate members of household can sue for just "negligence". Another gift from our attorney loaded legislators.

At least our state doesn't dictate rates to the insurance companies i.e. Texas

Stan