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08/18/2009 08:48:59 PM · #1
My car got rear ended last week by an SUV after it was rear ended by a pickup truck. I have a sore neck and shoulder after the ordeal but now it seems like the worse is probably yet to come. I just got a voice mail from the body shop where the car is located and the guy there says the insurance company is probably going to claim it as a total loss. Am I going to get screwed here? The car is a little more than 8 years old but in good condition. The insurance company of the pickup truck said they would pay my expenses but if they decide to total the vehicle are they obligated to offer me the retail value of the car (as in what it would cost to replace it) or are they just going to screw me and offer less? I've never had to deal with this situation. The only other time I got into an accident was with a deer and my insurance company took care of everything but I worry that this other insurance company won't do that.

Any Texans out there that have dealt with this situation? What are my rights here?

Oh and I didn't have my camera with me at the time so no pictures. If you need a mental image just think crumbled rear end. The trunk and rear lights are smashed but the car drove just fine afterwards.
08/18/2009 08:54:56 PM · #2
I'm so sorry to hear about your accident! I have an attorney/friend here in Austin that might be able to help you. If you would like send me a private message and I'll give you his contact info. Pain and suffering $$ should be part of the deal.
08/18/2009 08:57:46 PM · #3
Oh damn...I am so sorry to hear that Richard. I guess you are definitely seeing red now...and I don't blame you. Damn insurance companies!!!!
08/18/2009 09:00:03 PM · #4
Originally posted by yanko:

My car got rear ended last week by an SUV after it was rear ended by a pickup truck. I have a sore neck and shoulder after the ordeal but now it seems like the worse is probably yet to come. I just got a voice mail from the body shop where the car is located and the guy there says the insurance company is probably going to claim it as a total loss. Am I going to get screwed here? The car is a little more than 8 years old but in good condition. The insurance company of the pickup truck said they would pay my expenses but if they decide to total the vehicle are they obligated to offer me the retail value of the car (as in what it would cost to replace it) or are they just going to screw me and offer less? I've never had to deal with this situation. The only other time I got into an accident was with a deer and my insurance company took care of everything but I worry that this other insurance company won't do that.

Any Texans out there that have dealt with this situation? What are my rights here?

Oh and I didn't have my camera with me at the time so no pictures. If you need a mental image just think crumbled rear end. The trunk and rear lights are smashed but the car drove just fine afterwards.


I will answer using the brazilian law POV.

Here you will receive the medium retail value of the car. Something like if you go and get three evaluations of the price of your car and calculate the medium value. Here we actually have a official economics institute that has on its database the medium value of all cars and motorcycles (on an national basis).

The idea of the insurance is to recompose your total loss, as if the accident never happened. The truck company´s insurance policy probably has a big coverage, and I think you are not going to be screwed. This policy could also have some coverage to refund you medical expenses caused by the treatment of the injuries you had.

Keep us informed on the progress of the negotiations, and good luck!

Edit to say that here if the expenses to repair the car get over 70% of the retail value the insurance companies could consider it as a total loss, because for them could be better to totally refund you (keep the crashed car with them to future sale) and get rid of claims regarding the repairs made on the crashed car... so the total loss proposal could just be normal on this case...

Message edited by author 2009-08-18 21:06:12.
08/18/2009 09:02:39 PM · #5
Originally posted by love:

I'm so sorry to hear about your accident! I have an attorney/friend here in Austin that might be able to help you. If you would like send me a private message and I'll give you his contact info. Pain and suffering $$ should be part of the deal.

YEAH! Sue the shit out of them and everyone and anything you can. YEE HAW
08/18/2009 09:06:29 PM · #6
Originally posted by yanko:

My car got rear ended last week by an SUV after it was rear ended by a pickup truck. I have a sore neck and shoulder after the ordeal but now it seems like the worse is probably yet to come. I just got a voice mail from the body shop where the car is located and the guy there says the insurance company is probably going to claim it as a total loss. Am I going to get screwed here? The car is a little more than 8 years old but in good condition. The insurance company of the pickup truck said they would pay my expenses but if they decide to total the vehicle are they obligated to offer me the retail value of the car (as in what it would cost to replace it) or are they just going to screw me and offer less? I've never had to deal with this situation. The only other time I got into an accident was with a deer and my insurance company took care of everything but I worry that this other insurance company won't do that.

Any Texans out there that have dealt with this situation? What are my rights here?

Oh and I didn't have my camera with me at the time so no pictures. If you need a mental image just think crumbled rear end. The trunk and rear lights are smashed but the car drove just fine afterwards.


Sorry to hear this. Replacement value usually only comes into play in the first three years. After that it would be the blue book value (or whatever the US equivalent is).

This does depend on your policy though.

Message edited by author 2009-08-18 21:07:05.
08/18/2009 09:09:02 PM · #7
Unfortunately, you'll most likely just get the blue-book value, not replacement cost. However, insurance companies are very quick to total things. If you like the car, you might want to get an independent estimate to fix it and bring it back to the insurance company if it's below blue-book.

If you have medical expenses, they should be covered. I've never actually known anyone who's gotten pain and suffering, time off from work, any of that.

(oh, and btw, I'm sorry to hear about it!! Hopefully things will feel better quickly!)

Message edited by author 2009-08-18 21:10:25.
08/18/2009 09:13:50 PM · #8
Originally posted by vawendy:

Unfortunately, you'll most likely just get the blue-book value, not replacement cost.

If you have medical expenses, they should be covered. I've never actually known anyone who's gotten pain and suffering, time off from work, any of that.


Maybe the blue book is something similar to our FIPE database... Dunno...

The car repair, medical expenses, pain and suffering, time off, etc, will be on the same basket... everything has to do with the truck company´s responsability to indemnify your losses... Probably the insurance policy have different coverages to all (or maybe most of all) of these losses...

... if you decide to sue them, go for the truck company, so they call the insurance company to the trial...

(talking under my local law statements)
08/18/2009 09:16:25 PM · #9
Originally posted by cpanaioti:

Originally posted by yanko:

My car got rear ended last week by an SUV after it was rear ended by a pickup truck. I have a sore neck and shoulder after the ordeal but now it seems like the worse is probably yet to come. I just got a voice mail from the body shop where the car is located and the guy there says the insurance company is probably going to claim it as a total loss. Am I going to get screwed here? The car is a little more than 8 years old but in good condition. The insurance company of the pickup truck said they would pay my expenses but if they decide to total the vehicle are they obligated to offer me the retail value of the car (as in what it would cost to replace it) or are they just going to screw me and offer less? I've never had to deal with this situation. The only other time I got into an accident was with a deer and my insurance company took care of everything but I worry that this other insurance company won't do that.

Any Texans out there that have dealt with this situation? What are my rights here?

Oh and I didn't have my camera with me at the time so no pictures. If you need a mental image just think crumbled rear end. The trunk and rear lights are smashed but the car drove just fine afterwards.


Sorry to hear this. Replacement value usually only comes into play in the first three years. After that it would be the blue book value (or whatever the US equivalent is).

This does depend on your policy though.


Actually, I'm dealing with two insurance companies (mine and the owner's who was at fault). My insurance company (USAA) I've never had a problem with. They are doing their own investigation but it is the other driver's insurance company that has already accepted liability. If it was USAA I would feel better about it as they covered my repair bills when I got into an accident a few years back which had more damage than this one appears to have. What I'm worried about is if this other insurance company chooses to consider my car a total loss and not pay for the repairs or offer me enough to cover the cost to replace it. They haven't officially said what they will do yet. I am only going on what the body shop said.

@love - Thanks for the offer but I don't know what I'm doing yet.

Edited for clarity.

Message edited by author 2009-08-18 21:19:15.
08/18/2009 09:16:32 PM · #10
Sorry about that. I don't have any experience, but I always though that your insurance company would be talking to the other guys insurance company without you having to do anything. I don't know about values or anything.
08/18/2009 09:36:45 PM · #11
My car got totaled last month as well (other driver at fault). I got $1,000 below KBB price - I tried to fight for the KBB price but got dinged for my 'high mileage' of 120,000... (ended up with about $7,000 for a 2004 Honda Civic). I have State Farm btw.
08/18/2009 10:02:10 PM · #12
Originally posted by Maverick:

My car got totaled last month as well (other driver at fault). I got $1,000 below KBB price - I tried to fight for the KBB price but got dinged for my 'high mileage' of 120,000... (ended up with about $7,000 for a 2004 Honda Civic). I have State Farm btw.


When you say below the KBB price are you referring to the retail value or trade in value?
08/18/2009 10:04:59 PM · #13
You'll get the shaft...every time I've had a car "totaled" by the insurance company, I've never gotten enough able to buy a car that's anywhere as nice as the one I was driving.
08/18/2009 10:05:35 PM · #14
Originally posted by yanko:

Originally posted by Maverick:

My car got totaled last month as well (other driver at fault). I got $1,000 below KBB price - I tried to fight for the KBB price but got dinged for my 'high mileage' of 120,000... (ended up with about $7,000 for a 2004 Honda Civic). I have State Farm btw.


When you say below the KBB price are you referring to the retail value or trade in value?


retail value
08/18/2009 10:39:29 PM · #15
Richard, sorry to hear of your bad luck.

The best thing to do is probably get an attorney. James went through this a couple of years ago, same thing. He got hit by an suv that was hit by a pickup truck, too! They totaled his car and he bought it back from the insurance company for salvage! :P

It will still look smashed, but if it drives, and you don't care, it will be cheap and you will still have wheels!!

I'm just glad you weren't hurt!
08/18/2009 10:41:26 PM · #16
Originally posted by bergiekat:

Richard, sorry to hear of your bad luck.

The best thing to do is probably get an attorney. James went through this a couple of years ago, same thing. He got hit by an suv that was hit by a pickup truck, too! They totaled his car and he bought it back from the insurance company for salvage! :P

It will still look smashed, but if it drives, and you don't care, it will be cheap and you will still have wheels!!

I'm just glad you weren't hurt!


In many states, if a vehicle has been totaled by the insurance company, it must be registered with a "salvage title".
08/18/2009 10:48:54 PM · #17
Originally posted by bergiekat:

Richard, sorry to hear of your bad luck.

The best thing to do is probably get an attorney. James went through this a couple of years ago, same thing. He got hit by an suv that was hit by a pickup truck, too! They totaled his car and he bought it back from the insurance company for salvage! :P

It will still look smashed, but if it drives, and you don't care, it will be cheap and you will still have wheels!!

I'm just glad you weren't hurt!


It drives but given it's condition it wouldn't be legal to drive, at least according to the police officer I spoke with.
08/18/2009 10:52:49 PM · #18
Originally posted by yanko:

Originally posted by bergiekat:

Richard, sorry to hear of your bad luck.

The best thing to do is probably get an attorney. James went through this a couple of years ago, same thing. He got hit by an suv that was hit by a pickup truck, too! They totaled his car and he bought it back from the insurance company for salvage! :P

It will still look smashed, but if it drives, and you don't care, it will be cheap and you will still have wheels!!

I'm just glad you weren't hurt!


It drives but given it's condition it wouldn't be legal to drive, at least according to the police officer I spoke with.


You buy it for super cheap and then you (barely) fix it so it is legal to drive. James pulled out some bent parts with a chain, lol! What kind/year is your car?
08/18/2009 10:52:49 PM · #19
Originally posted by yanko:

Originally posted by bergiekat:

Richard, sorry to hear of your bad luck.

The best thing to do is probably get an attorney. James went through this a couple of years ago, same thing. He got hit by an suv that was hit by a pickup truck, too! They totaled his car and he bought it back from the insurance company for salvage! :P

It will still look smashed, but if it drives, and you don't care, it will be cheap and you will still have wheels!!

I'm just glad you weren't hurt!


It drives but given it's condition it wouldn't be legal to drive, at least according to the police officer I spoke with.


You buy it for super cheap and then you (barely) fix it so it is legal to drive. James pulled out some bent parts with a chain, lol! What kind/year is your car?
08/18/2009 10:55:53 PM · #20
Originally posted by bergiekat:

Originally posted by yanko:

Originally posted by bergiekat:

Richard, sorry to hear of your bad luck.

The best thing to do is probably get an attorney. James went through this a couple of years ago, same thing. He got hit by an suv that was hit by a pickup truck, too! They totaled his car and he bought it back from the insurance company for salvage! :P

It will still look smashed, but if it drives, and you don't care, it will be cheap and you will still have wheels!!

I'm just glad you weren't hurt!


It drives but given it's condition it wouldn't be legal to drive, at least according to the police officer I spoke with.


You buy it for super cheap and then you (barely) fix it so it is legal to drive. James pulled out some bent parts with a chain, lol! What kind/year is your car?


It's a super sexy '01 Prizm. :P

Btw, I forgot to mention the guy at the body shop said he'd buy it at the retention value of the salvage. I didn't get the message until after business hours so I haven't called him back yet. I plan to call the insurance company tomorrow and see what all is going on.
08/18/2009 11:04:40 PM · #21
Maybe this can help

And keep in mind the big diferences between your (probably) comprehensive policy and the truck companies liability policy...
08/18/2009 11:35:50 PM · #22
Originally posted by yanko:



Btw, I forgot to mention the guy at the body shop said he'd buy it at the retention value of the salvage. I didn't get the message until after business hours so I haven't called him back yet. I plan to call the insurance company tomorrow and see what all is going on.


hmmmmmmmm.. this makes me wonder.. is HE the one that advises the insurance company that the damage on it indicates it's totaled ??? if so, is HE being honest or trying to get the insurance company to total it out so he can buy the car super cheap, fix it, the sell it for a huge profit.. I'm just wondering why he would tell you this..
08/18/2009 11:37:06 PM · #23
Originally posted by kandykarml:

Originally posted by yanko:



Btw, I forgot to mention the guy at the body shop said he'd buy it at the retention value of the salvage. I didn't get the message until after business hours so I haven't called him back yet. I plan to call the insurance company tomorrow and see what all is going on.


hmmmmmmmm.. this makes me wonder.. is HE the one that advises the insurance company that the damage on it indicates it's totaled ??? if so, is HE being honest or trying to get the insurance company to total it out so he can buy the car super cheap, fix it, the sell it for a huge profit.. I'm just wondering why he would tell you this..


Is this the insurance company's mechanic or an independant?
08/18/2009 11:39:03 PM · #24
I'm an insurance agent in Plano. I've been doing this since 1991.

PM me and I will give you my cell phone number and I will tell you what I know and give you the best advice I can.

jjstager2
08/19/2009 12:29:04 AM · #25
Yanko, sorry to hear you've been in an accident.
I hope you are okay and that nice hard head of yours
was able to absorb the punishment it took.
:-))
Keep us posted, will ya? cars can be replaced, but nice
people are more difficult to find.


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