Car Totaled have Question

[hunterridgefarm]

Someone ran a stop sign and hit my son's car. It would have been a lot worse if he had not done some defensive driving to avoid hitting the other person directly in the drivers side door. As it was no one was injured.

He drives a Subaru and it is in my name (I was getting ready to put the car in his name). The car had 85K miles on it and is a great little car, Legacy 2004 model.


The rear passenger door, passenger door, left front fender, lights and bumper will all need to be replaced. However the insurance company totaled the car. I am having them email me the actual list of parts needed.

They have offered $7,300.00 for the car or $5500.00 and we keep the car. The current place we had it towed will not fix a car that has been totaled. If it is just cosmetic I don't see and issue with getting it fixed but if the frame was damaged it will be a different story.

Question is, has anyone been in this situation and what did you do? I would need to have it towed to another body shop if they thought they could fix it for the $5200.00 estimate.

Also, I think I should be reimbursed for time to look for a new car, canceling the insurance, turning in the tag and having to buy another. It will take a while to find a car that was in this good of condition.

Has anyone recovered their cost in time and aggravation due to an accident that was not your fault? To me, I should be reimbursed to time off work to look for a car, go to the accident scene, leave to get the rental car, etc.

I am not asking for a large amount just maybe $2,000.00 more to cover my time, trouble, and expense. It was their fault not my son's.

 

[timswi]

Depending on your state laws, here's my understanding (and I could be wrong)...The insurance company is generally only required to pay for the value of the vehicle destroyed and any direct expenses associated. To get subsequent expenses covered you'd either have to have a rental rider on your insurance or request that from the other insurance company. The other expenses stated, you'd have to probably do a small claims law suit against the other insurance company. Good luck with that.

As far as repairing it..Most body shops don't want to deal with "R" titled cars as it is now based on the insurance company totaling it...There's just too much liability...Some smaller guys may be willing to fix it, but you'll probably have to sign some kind of release and get the vehicle fully inspected somewhere to allow the car to be placed under legal registration. None of this is easy anymore. I used to rebuild these all the time. Not worth it anymore.

If you could have caught the car before the total designation, the rebuild might be simpler.

I'm sure I'm dead wrong somewhere and I will stand corrected...Just my understanding of things.

 

[hunterridgefarm]

The other Insurance Company is paying for the rental car, however we had to wait 5 days to get it.

I think me missing work, tax, tag, and title for a new car is a direct expense associated with the accident. I would not have these expenses if it were not for the accident.

I left a message for the adjuster last Friday, but have not received a return call.

 

[bcp]

If it is just cosmetic I don't see and issue with getting it fixed but if the frame was damaged it will be a different story.

What frame? I don't think a Subaru has one.

All skin, no skeleton.

Bruce

 

[MossRoad]

What frame? I don't think a Subaru has one.

All skin, no skeleton.

Bruce

No and yes. Its not the traditional frame we are all accustomed to. It is contained within the body of the car, more like a roll cage frame. Probably about impossible to repair economically. Here's a good link that explains their body design.
What makes a Subaru, a Subaru: Subaru Ring-Shaped Reinforcement Frame

 

[timswi]

What frame? I don't think a Subaru has one.

All skin, no skeleton.

Bruce

Unibody, they can be pulled with mostly success...Worth it, dunno?.

 

[vtsnowedin]

You lose some on every accident your fault or not. Even if you get paid for everything it will show up in higher rates for you or your son later. I'd let them have it and go buy another as there is no shortage of cars new or used out there that haven't been wrecked. If you keep it and get it fixed up you run the risk of finding that something got stressed in the drive train that doesn't get picked up or fixed and fails shortly after your back on the road again. Cut your losses and move on.

 

[hunterridgefarm]

You lose some on every accident your fault or not. Even if you get paid for everything it will show up in higher rates for you or your son later. I'd let them have it and go buy another as there is no shortage of cars new or used out there that haven't been wrecked. If you keep it and get it fixed up you run the risk of finding that something got stressed in the drive train that doesn't get picked up or fixed and fails shortly after your back on the road again. Cut your losses and move on.

That is the way I was heading. I just think I should be able to recoup the time missed at work and some expense for looking for a car.

 

[rsallen]

What is the actual replacement value, the same add-ons, the same milage, same condition, etc?

I think salvage (that is totaled) value is generally right around 10% of blue book.
That figure probably goes a little up or down depending on the local market on individual makes but I think 10% is a pretty good working number.
$1800 sounds like a too high a price for salvage even if you have a market for the parts.

I'd pass, lots of good used $7300 cars out there.


Glad no one was hurt.
Here's hoping you and yours continue with good luck.

 

[timswi]

That is the way I was heading. I just think I should be able to recoup the time missed at work and some expense for looking for a car.

That's small claims stuff as I understand it..Not likely successful. You could ask your insurance company to fight for this. Based on my experience, they are hesitant or won't.

 

[smstonypoint]

The other Insurance Company is paying for the rental car, however we had to wait 5 days to get it.

I think me missing work, tax, tag, and title for a new car is a direct expense associated with the accident. I would not have these expenses if it were not for the accident.

I left a message for the adjuster last Friday, but have not received a return call.

I was in NC when a lady went to sleep, crossed the center line, and ran into me in my 2004 Tundra. The truck had less than 4,000 miles on it at the time. In 2004, NC required a minimum of only 25K in property liability insurance for its residents. I was lucky that my insurance agent advised me to buy under-insured motorist coverage. Had I not purchased the coverage, I would have not received the "totaled value" of the truck plus the expense of a rental car. My insurance company ended up paying the difference. I ended up with a new truck for $800 plus tax, title, & tag and a sore neck for a week or so.

Although there may be differences across policies, I was not able to claim my expenses for taxes, title, or tag transfer. I agree with an earlier post that you would have to go after the other driver in small claims court if you wanted to be compensated for those losses.

Steve

PS -- Expect to receive a lot of letters from personal injury lawyers.

 

[hunterridgefarm]

I won't go after the other insured. It was a high school girl who I am sure is on her parents insurance.

At the accident I could tell she was up set and I tried to comfort her telling her how lucky they were that they were not hurt and to not worry about the cars for they can be replaced. Her mother was there and told me how her daughter had been having trouble with the car and such.

I realize the family was not as well off financially as others so I not going to make it worse

 

[vtsnowedin]

Another thing. If your kid totaled his car and walked away from it in one piece the car has done it's job like a hero and don't owe you a dime. My youngest fell asleep at the wheel and hit a stone foundation head on with a Toyota Camry and walked away. Camrys are VERY good cars.

 

[ultrarunner]

We have had some success in both getting a higher pay out and in another case getting to keep the car for very little.

I all depends on the adjustor and what you can provided via documentation.

We found an identical car in excellent condition that was $1500 more than the company offered... told them there number was too low and she approved the higher amount provided we bought the car.

In another case, my brother's 68 Mustang was stolen and recovered... was able to buy the car for $250.00 plus got a check for $6,500.

Spent 2k replacing the parts stripped and a couple of years later sold it for $7,500

Documentation can help the adjustor see things your way...

Paper pushers need paper.

 

[tallyho8]

I have heard from several people in our area lately who have been in wrecks where their car was totaled and the insurance company is offering them $1000 to sign a release even if they aren't injured.

I guess this is to protect them in case they decide to file an injury lawsuit a year from now.

You will not collect money for the time you spend shopping for a new car, etc. but when a drunk hit me and totaled my truck in 1987, and I had to order a new one from the factory, they paid for my rental truck for 2 months until the new one came in. I am sure that if you rented a car from Hertz for 5 days until your rental car they provide came in that they would pay that bill also.

 

[MikePA]

Also, I think I should be reimbursed for time to look for a new car, canceling the insurance, turning in the tag and having to buy another. It will take a while to find a car that was in this good of condition.

Has anyone recovered their cost in time and aggravation due to an accident that was not your fault? To me, I should be reimbursed to time off work to look for a car, go to the accident scene, leave to get the rental car, etc.

I am not asking for a large amount just maybe $2,000.00 more to cover my time, trouble, and expense. It was their fault not my son's.

As others have said, no, you will not be reimbursed for your 'time, trouble, and expense.'

 

[dodge man]

I have had two cars totaled out from under me, neither of them were my fault. Both times I got what I considered was a fair value, but not any more than that.

Did your son visit the ER or see a doctor? If he did, you are entitled to "pain and suffering" money, which is usually based on medical bills. In one of my wrecks, I was rear ended by a 16 year old on his way to prom. I had some whiplash and had a sore neck and back for a few weeks. I got some money for this but not much, maybe a $1000 and I had to sign a release. It doesn't hurt to ask for this money.

Normally you don't get any money for missed work unless it was a direct result of an injury from the wreck. I did get a weeks car rental once though, which helped because I didn't have another vehicle to drive.

 

[deerseeker001]

i would get a estimate ans see what is damaged and cost involved.the neighbors wife hit a deer on her Nissan and they totaled it with out even looking at it.He then got the car back and applied for a new title and is driving today.

 

[jinman]

That is the way I was heading. I just think I should be able to recoup the time missed at work and some expense for looking for a car.

David, I think you have to know what are the limits on the policy of the at-fault driver. The insurance company may only insure for actual damage. The remainder of your claim would require a personal lawsuit against the driver. The insurance might actually cover that, but it would require a court judgement before they would pay up. An ambulance chasing lawyer could probably help you recover those loses, but they will want their share so they can make payments on their Bentley.

 

[smstonypoint]

An ambulance chasing lawyer could probably help you recover those loses, but they will want their share so they can make payments on their Bentley.

Now, that's not a very nice thing to say -- we have at least one attorney in the TBN family.

Steve