Morning, Oppo. Bad news..

"JBurd67" (jlburi) 10/14/2014 at 09:28 • Filed to: None

2

31

After my car is potentially being totaled, !!!error: Indecipherable SUB-paragraph formatting!!! what I should get for a new car (thanks for the thoughts, too).

Here's the thing. I found out last night that despite the responsible party having insurance, he doesn't have liability. Again, other driver, WTF?

So I reported everything to my insurance company last night. I plan on discussing the situation with them today and seeing what options they put out there for me. I'm sure I'll be paying a deductible for full value of my car, but I'll get some money either way. Has anyone been in this situation before? What approach do you recommend?

For your thoughts and time:

d1ck > JBurd67 10/14/2014 at 09:33

4

I don't know where you are or what the laws are but I will say that in Newfoundland, Canada all insurance policies with public liability also have a line for "uninsured motorist" or something like that. This coverage applies in your situation. You might have something like that on your policy so you should look into that.

Steve in Manhattan > JBurd67 10/14/2014 at 09:34

1

This happened to my mom - she loved her Malibu, and a guy in a 350Z ripped the side of it off. Insurance totaled it, and I told her to just buy the car back (instead of taking the settlement). She got a check for the value less salvage and some fees, fixed the car, and is still driving it.

spanfucker retire bitch > d1ck 10/14/2014 at 09:34

0

Yeah, I'm pretty sure NY State has required liability insurance as well. Your auto insurance provider has meet the state minimum, but you can pay for more if you wish.

JBurd67 > d1ck 10/14/2014 at 09:40

1

Will do! I'm in MN, I'm actually checking into it now. I'm 99% certain most US states require liability and it's pretty illegal to drive without it. Thanks!

JBurd67 > Steve in Manhattan 10/14/2014 at 09:42

0

That's what I might be doing. While I loved my car, I'm not sure I want to have a salvaged title. The guy who is looking at it offered to potentially buy it from me after I purchase it from the insurance company for a few hundred more. At least that way I'd get to see it fixed up again. Either way, I need to get the money first...

jariten1781 > JBurd67 10/14/2014 at 09:49

0

Liability is required in all states that I'm aware of...well, in some places you can pay an uninsured drivers fee then self insure, but that's pretty rare and usually more expensive than just getting liability.

I'd wait to see what exactly your insurance is going to come back with before making grandiose plans.

OPPOsaurus WRX > JBurd67 10/14/2014 at 09:51

1

I just looked at your accident drawing. Wut a dumbass. I saw something like that but the guy in the right lane took a left and actually made a u-turn. I dunno how the guy in the left lane didn;t just run him over. If I had been first in line I would have smashed him as I was short on time and wouldn't be expecting some jackass to cut in front of me. Have you considered a lawyer and suing to cover your loses?

GTI MkVII > JBurd67 10/14/2014 at 09:52

0

I got rear ended a few months back by a texting, no-english-speaking, learner's permit carrying (without a legal "supervisor") scumbag who coincidentally had the shittiest insurance ever. Took me over 4 months of going back and forth with that company, but I was offered a certain sum to total the car, or a slightly lower amount to fix it.

Took the repair money, but still haven't gotten the car fixed (as it still runs and drives perfectly - just needs the rear trunk pan to be straightened out/replaced.) I don't drive the car (don't trust its structural integrity after the crash), but I figure i can get it fixed one day and sell it as is.

ly2v8-Brian > JBurd67 10/14/2014 at 09:52

0

Yes. On my first car my parents got the bare minimum for our state, liability only.

JBurd67 > OPPOsaurus WRX 10/14/2014 at 10:04

0

I've thought about it, but not seriously yet. He's one of those guys that would be a pain to get a hold of (his insurance company hasn't been able to contact him in 4 days). I want to see what my insurance company recommends and comes back with first.

Steve in Manhattan > JBurd67 10/14/2014 at 10:06

0

The other issue is whether or not the car will still hold an alignment. If it won't, you're done.

JBurd67 > GTI MkVII 10/14/2014 at 10:07

0

Unfortunately, my car isn't drive-able. I'd love to keep driving it as it'll run forever with no complaint, but shit's not fair. This guy, also, can hardly speak english and now is dodging the insurance company's phone calls. I'll get my money one way or another.

JBurd67 > Steve in Manhattan 10/14/2014 at 10:09

0

I'd bet it will. It's not completely screwed. It still moves on it's own, but I wouldn't drive it very far.

GTI MkVII > JBurd67 10/14/2014 at 10:13

1

The part that hurts the most is that you did everything in your power exactly right, and it was some other idiot's mistake that messed everything up. I know how it feels man - not an enjoyable experience.

I had the same deal with the other party's insurance too. Knowing he wouldn't be claiming anything, I had to call his company and initiate the claim for him! What a nightmare.

But on the bright side, right after that accident, all the stars aligned and I was able to get my dream GTI. Trust me when I say great things happen out of otherwise tragic situations.

DancesWithRotors - Driving Insightfully > jariten1781 10/14/2014 at 10:17

0

It's possible to self-insure in KS and TN, for sure... You have to file an insurance bond with the state that is equal to, or greater than the value of the state-required minimum coverage.

JBurd67 > GTI MkVII 10/14/2014 at 10:19

1

Yeah. There was a few problems with my car, but nothing that made not worth driving. I wanted to get them fixed and thought about trading it instead, but figured it'd be better to keep the car while it runs. I guess I should have gotten rid of it...

It really does suck that I've quite literally done nothing wrong or out of my place in this whole incident. But I've had to do EVERYTHING.

I had to call his company too! Called them 3 days later, he still hadn't called. So I started everything up, talked with the handler yesterday, and turns out he's a dumbass. Honestly, all I want is full compensation. I'm okay with the inconvenience and everything I've had to do to get around instead. I just want my money.

JGrabowMSt > JBurd67 10/14/2014 at 10:36

1

I was in a very similar boat earlier this summer, and my rates went up, and I was listed at fault, despite my statement to cops/insurance, and the cops all saying it was likely not my fault.

But I didn't get any money, it was 100% out of pocket for me.

What I would say to you is that if you have AAA or towing from your insurance company, get it taken to a frame shop before anywhere else. Ask the frame shop about checking the straightness of the frame. If the frame is straight and in good shape, keep the car. Control arms, knuckles, hubs, shocks, they're all replaceable parts, and depending on the age of the car, it may have been time for bushings and/or replacements anyway.

If they say the frame is not bent, call both insurance companies (if possible, be ready to fax them some kind of statement or quote from the frame shop) and tell them that the frame is true, and you're seeking compensation for the full amount of repairs to get your car back on the road.

They may say the amount would be high enough to consider the car totalled, take that check and get your car fixed.

Most importantly, before anything else, find out if the frame is true or not. Most insurance adjusters (not trying to generalize anyone) will just visually inspect damage and consider it totaled or not. A visual inspection is not enough in your case. Sure, if a tree falls on your car (like what happened to my moms car back during Hurricane Sandy), then it's pretty obvious what needs to be done. Your problem however, is not quite so cut and dry. If the shock tower mounts under the hood are not bent, and the frame is true, you're looking at a pile of parts that most U-Pulls will have, or a shop can fix or get something for you.

I wish I had the time and ability to make this kind of call when I hit a deer back in November, because I could have fixed the car for a fraction of what it ended up costing, even without insurance to cover it (car had no collision or comprehensive coverage when I hit the deer).

JBurd67 > JGrabowMSt 10/14/2014 at 10:48

0

Honestly, I'll get a lawyer before I pay for anything major or my rates go up. Not happening. Their insurance company, unliable as they are due to lack of insurance, knows it isn't my fault. He's not helping by not answering or returning calls.

I've already got an estimate done on it, and I don't think there's frame damage. If anything, it'll be a link or something small. My insurance company already has pictures of everything, the estimate, and the police report. I'll pay for my deductible to get everything straightened out, but I'd damn well better be compensated for it.

The thing is, I'm not sure I want to have a salvaged title car. Not that I don't trust that the body shop will fix it well (he's done my car before and does great work), I just wouldn't want to have that much more trouble in the future when dealing with it. If it's totaled, the guy who I took it to offered to buy it from me for a little more than the insurance company lets me buy it back for. I might go that route, take my money and run if I get the chance.

JGrabowMSt > JBurd67 10/14/2014 at 10:56

0

Hate to say it, but your rates might change simply from being involved. Insurance companies typically don't give a shit. Being involved flags you as a potential liability, in many cases, that's all it takes.

I don't suggest doing this in most cases, but if you have the other guys phone or address, you can have a police department do a "courtesy check" which will involve knocking on his door and seeing if he's okay. If you're friendly with any officers, I would consult them regarding the matter before going ahead with it, in case there's anything that could come back to bite you from it.

If it is totaled, selling to the body shop isn't that bad of an idea really, he can deal with the hassle of selling a rebuilt title, or he may even just keep it for himself.

It's a shitty situation overall, but do tread lightly. You're not in the wrong for wanting full compensation, but not many insurance companies will be quite so forgiving about a situation like that.

JBurd67 > JGrabowMSt 10/14/2014 at 11:03

0

Yeah, I'll have to go completely through my insurance company (I just got the call) as his has no power to do anything about the damages. I'll be getting a letter from his company stating that I was not at fault and they can't cover any damages, and I'll need that to give to my company to get the correct compensation.

He was "driving it out of storage". My ass. His insurance agent advised him it was illegal to do so, and he did it anyway. I don't think he has much ground to stand on here.

The whole "because you were involved" is BS. I completely agree with you, but the fact that insurance companies even consider that is crap. Not fair in any way to anyone.

horspowr1001 > JBurd67 10/14/2014 at 11:04

1

Similar situation: 3 Months after buying my '07 TL Type-S an unlicensed, uninsured, AND drunk driver in some one else's Neon SRT-4 smashed into the driver-side rear corner while it was parked on the street. The impact also pushed my car up over the curb, onto the sidewalk, and the passenger's side front door sideswiped a lightpole. All of this on my birthday. In his drunken logic, he tried to call a cab and get away but witnesses thankfully stopped him.

The repair costs nearly totaled the car, and I'm sure if it was a front impact, it would have been game over. Luckily, I had uninsured/underinsured coverage on my policy so all I needed to pay was my deductible ($250), and they were able to fix it up.

I didn't go after the guy in court (if he's got no license or insurance, how much could he have anyways?), but I got a call from the state prosecutor asking me what my damages were since the state was gonna charge him. I only told them about my deductible, but honestly I should have calculated lost resale value, time off work, and costs of finding a new car as well. Unfortunately I didn't think of it at the time, oh well. I also called State Farm and advised them of this in case they wanted to recuperate their losses. A couple years later, I got a check for my deductible and used it to buy slotted rotors and SS brake lines :).

You'll definitely need to pay your deductible up front for the claim, but I think you're on the right track of talking to your insurance to see what options you have. Don't forget to do some extra research on the resale value of your car as well as salvage value. If the car is actually totaled, this will help you negotiate a fair value for the check. Keep in mind that it's a negotiation, and you don't need to just accept what the insurance rep gives you. I forgot what the exact formula is, but you can negotiate something like Vehicle book value + Mods/extras + inconvenience value (Costs of researching & buying new car, rentals, lost wages, etc) - Salvage value. Double check that and correct as needed.

Buying it back is usually not a big deal, but consider that some states/insurance companies only allow a salvage titled vehicle to have liability coverage and nothing else.

JBurd67 > horspowr1001 10/14/2014 at 11:16

0

Wow. Great write up and advice! Thanks!

Turns out everything will be going through my insurance. His company has zero power to compensate me for anything. Despite them advising him to not drive it without liability, he still did. So honestly, he's screwed. With the letter they're sending me stating that, I'll have everything I need to get everything back in compensation.

There's only one way I think I'll buy it back (salvaged or not): The guy I took it to offered to buy it from me (if the price is right) for a few hundred more than the insurance company lets me buy it for. Other than that, the damage done is too close to the total value of the car, and I'd find it hard to justify fixing with the belittled resale value.

Hooker > JBurd67 10/14/2014 at 12:31

0

Sue them. If you're in a state that requires insurance, they should have liability at the bare minimum.

JBurd67 > Hooker 10/14/2014 at 12:55

1

I agree. Small claims court, if needed. I don't really want it to go that far, but I'll go to a lawyer before I pay any part of my own compensation or take any fault and have my insurance increase.

Hooker > JBurd67 10/14/2014 at 18:39

1

Damn right. Not your fault? Not your problem. I'm so tired of people like this getting away with shit. Just simply due to ignorance.

JBurd67 > Hooker 10/14/2014 at 23:00

0

It wasn't even ignorance. The guy had insurance, but not anything good. Just Emergency Roadside Service and something else. Just enough to say he has a policy, prove it to the police, and move along with his day after getting pulled over. Not ignorance, just cheating the system. And usually getting away with it

Hooker > JBurd67 10/15/2014 at 08:03

0

Then definitely sue him. I don't always advocate for legal action but this time I think it's warranted.

JBurd67 > Hooker 10/15/2014 at 09:35

0

Here's the thing: My car is worth $4k on a good day, a little more at retail. He'll obviously pay my $500 deductible, but no matter which way we look at it, it'll go to small claims. I have full coverage collision on my insurance, and they'll be able to get me a check pretty quick for the remaining value of my car (which they will go after him for as well). Would it be worth hiring a lawyer and going that far in the end?

I mean, sure I can take legal action, sue his ass off, and get my money back that way, but after lawyer fees, expenses, and extensive time, will it have been worth it? I'd honestly be surprised if he didn't flee the country before the court date...

Hooker > JBurd67 10/15/2014 at 10:16

0

I'm not sure if it will be worth getting a lawyer, to be honest. It doesn't hurt to ask a lawyer that you trust the question though. A good lawyer will tell you whether or not it is worth it. Not just take your money and run. Honestly, your rates will go up if you use your insurance (3 years in NC not sure what it is where you are) and I think it's worth it just for that.

JBurd67 > Hooker 10/15/2014 at 10:25

1

I talked to my insurance company yesterday, they said it may or may not, depending how review comes through by the adjuster. I'm in MN with GEICO, they have great customer service and have been very helpful and understanding so far.

I don't actually know any lawyers, so I'd have to get some free consulting somewhere.

Hooker > JBurd67 10/15/2014 at 10:31

0

I wish you the best man. Don't take any shit from the insurance company. Just because they are being nice, doesn't mean they won't screw you. Remain skeptical.