accident dilema

[ViperRon]

My suggestion is to go to 3 separate high quality body shops and get an estimate, go to a car rental company and get pricing for a vehicle to use while your vehicle is in the shop. Copy those and send the copies certified mail to the owner of the other vehicle and tell him you have had no contact from his insurance company to make you whole from his damage to your property.

Go to the police department and ask if they can get you a copy of the officers report concerning the accident as in many cases there is a report they release for insurance and a police report by the officer to his command.

Ask friends neighbors etc and get an opinion of the best law firm to contact concerning the issue. Wait 5 days and if no contact send the same info as before to the other driver and tell him he has 5 days to reply on how he will make you whole for his damage to your property.

Do not offer any statement to his insurance or a representative of his insurance. Do not allow them to send their investigator or adjuster to look at your vehicle. You have a right to chose the repair facility that will resolve the problem given its not outrageous pricing. If you are not contacted by him/her call a local law firm that specializes in automobile crashes and see if they will do a consultation usually reputiable law firms will spend 30 minutes to an hour talking to you.

After talking to the lawyer you can make a decision as to go file a small claims action against the owner on your own or allow the lawyer to send them a letter. Remember you take the owner of the car to court not his insurance. He/She made the mistake its up to them to resolve it you do not need to work with his insurance. If his insurance was going to treat you right they would have called you before you could post this.

I had a problem one time where PepBoys did work on an auto and they refused to do anything the attitude was well bring it back and we will see if there is anything we can do for you. I spoke 10 minutes with a local lawyer and he called Pepboys and within an hour they had a flatbed truck with a rental car delivered to where my wife was 60 miles away. They picked up the car took it back to be properly repaired and called the next day to schedule the pick up of the rental and delivery of our repaired car and appologize. We had to sign nothing.

Do not be nice do not be bullied and don't get angry they are just doing their job of reducing cost. The time to take a tire iron and brain the other driver expired 10 seconds after you got out of the car.

[CaptonZap]

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The time to take a tire iron and brain the other driver expired 10 seconds after you got out of the car.

LOL, now that's an interesting concept.
If you try to run a cop down with a vehicle, you are charged with assault with a deadly weapon. So after everything grinds to a halt, you could always claim that the braining was an act of self defense, since you feared for your life, what with his attack WADW.
CZ

[ViperRon]

No CZ not an act of self defense an act of momentary insanity. Self defense no longer prevails in this country. And that was intended as a hummorous comment even though by the time you get an insurance claim resolved you sometimes wish you had used the iron.

[CaptonZap]

No CZ not an act of self defense an act of momentary insanity. Self defense no longer prevails in this country. And that was intended as a hummorous comment even though by the time you get an insurance claim resolved you sometimes wish you had used the iron.

Yeah Ron, I know.
My reply was reductio ad absurdum.
CZ

[oldyam80sg]

Well an update-i got a call from his insurance company and they wanted to look at my damages.I said OK and they came to my work.They said to leave the vehicle unlocked and the adjuster will inspect.We have cameras all around my job(inside and outside)so i wasn't worried.So the adjuster was late(1 hour) and brought another guy?They kept calling me even though i told them i cant get phone calls at work.Finally got to take my break, and went outside.Adjuster said my vehicle is valued at $2512.00 and i have $2100.00 worth of damages so vehicle is a total loss.I told him i cant afford a vehicle and it is drivable.They wrote me out a check for $2148.00 for damages and i get to keep my vehicle.The adjusted was a a-----e as he went through everything-lottery tickets, Cd's i had in the vehicle.I called company to complain and got a written letter of apology for his actions.I get my brand new ARB bumper installed next week and will install my new fender flare when the weather gets nice.

[erithanis]

Watch out

I don't think you mentioned you were hurt but watch out in the future. As soon as they write you a check for ANY amount ALL their liability is gone. In CA at least you have 2 years to claim damages from the accident, probably varies state to state. Certain kinds of injuries can take a little while to manifest. At almost a week you are probably fine. But I had someone I know get rushed into taking just under a thousand dollars a couple days after the accident and then got stuck with several thousand in medical bills fixing her back.

I don't think I would have let them paw through my car unsupervised, I doubt they have any authority to demand you leave your car unlocked. My second-hand experience is that they are masters at giving airs of authority.

[oldyam80sg]

I was not injured and them going through my vehicle was not overlooked.I called the company first and then the adjusters cell phone and when i spoke to the claims person,they told me the adjustor no longer is employed by them.

[CRXSi90]

Did you end up with a salvage title out of the deal, or no change in status?

[WMarshy]

Did you end up with a salvage title out of the deal, or no change in status?

Good question, hope you didnt overlook that. In NY insurance companies will call the vehicle totaled and will reimburse you for the value (like he did to you). You then get the option to keep the vehicle (usually cost 2-500) but the title will be salvage and requires a certified inspection from the DMV at the next yearly inspection... the vehicle will always have the salvage note or "R" on the title...

[DGXSER]

I wonder if it makes a difference if the car is street legal in its condition or not. Years ago, like almost 30 years ago, I was in an accident with a car I had just bought used. The other person at fault, his insurance considered the car totaled. They gave me $5 less than I paid for the car if I kept it. Which I did and drove it for two or three years. No change in title or any of that.

Now, recently my daughter was in an accident with my truck, it was not drivable, frame damage, bad stuff. Totaled it. I was told I could keep it and they would issue me a some paper, which I then had to get the repaired vehicle inspected before I could get a salvage title for it and register it.

[crazy steve]

The various states have gotten pickier about 'salvage' or 'rebuilt' titles over the years because of scammers (VIN swappers, flood damaged vehicles, etc). Some states still don't worry too much, some really make you jump through hoops to put that kind of vehicle back on the road. If you have clear title on a vehicle and this happens to you (they simply write you a check for the vehicle), asking the state about title status may complicate things if you're not careful....

[oldyam80sg]

No exchange of the title to them.Told them if they wanted the title they can shove the check and i would sue the driver outright.They said OK and I had a lawyer through USAA call them to make sure the title was not going to be given to them.