Man, Im sorry to hear that. I have GEICO and they are open 24 hours a day I had cut-rate auto insurance before, and I am so glad I switched.

Its worth going with a better known company, esp. when it comes time to use your insurance...

 

I think what your dad means is that your insurance doesn't include coverage to pay for a lawyer to recover uninsured losses.

You can always get an ambulance chaser (Contingency Fee) to sue her. Just make sure that NOBODY signs any statement of full & final settlement when you get the check for the car. It may be difficult, but you should always retain your legal right to sue for injuries.

They will try to get you to sign a statement to the effect that you accept this payment as full and final settlement of all damages, and that you waive and agree to hold harmless their insured and the insurers against any further liability. Your lawyer should bee able to get you some verbage that will say soemthing closer to;

"This payment is accepted as full and final settlement of the PROPRTY DAMAGE ONLY. I reserve my right to seek any legal redress relating to medical costs or injuries suffered in te accident, whether those injuries be apparent now or arise in the future as a result of this accident.

If you doctor gives you the all-clear for long-term injuries and you're willing to not pursue injury compensation, then you can just accept the money for the car - but if you wish to retain the right to sue for injuries then you MUST get that agreement in writing.

This is where a lawyer will help you better than I can.

 

I thought of something else. Once you have calculated the position of your car when she started moving... you can drive back to her starting position and actually photgraph what she would have seen... With you sitting in HER start position, wait for an oncoming car to reach YOUR start position and take a photo. This photo would show what she would have seen (if she had looked) and would give the people who make the decisions on liability a real good look. If the prrof works out, it should clearly show that you were totally visible and simply too close to the intersection for her to to make her turn safely.

Take pics at your various start positions for the different speeds (your claimed speed, her claim of your speed)

If the accident happened in heavy traffic you could also go as far as to sit at the intersection at the same doy of week and time of day as the accident, and measure the average speed of traffic. Then you could very easily refute her wild claims of your speed. A single vehicle in a line of heavy traffic going 35mph could not have been doing 55,65,75mph etc. Witnesses to the volume of traffic would ber of great value if you did this. If the traffic was not heavy, then this would be of limited value.

 

there was LOW traffic. On our side there was only two cars. Me and the car about a car length in front of me on the left lane. I will take this picture and all, i just gotta get my hand on a freaking camera.

Also do you recommend me calling the other victim? I can easily call her and get the insurance number from her but do u think that's a good idea? or should i just wait till monday and contact my insurance company, tell them the policy number, etc. and hopefully they have some grid where they can find out who hers is? Also, when i do contact her insurance company, what should i say?

Should i explain my side of the story and how there is no way for them to win? or what? this is the most vital info i probably need since i have no idea how to start anything

 

If you have a good insurance company, they should take care of everything for you, including calling the other company, etc. When I had metlife insurance on my car, maybe it was called met, whatever, they took care of everything after my car was broken in. I know its not the same as an accident, but when I had an accident, my company kinda sucked, so I had to argue with the other company, and it took a few months to get paid.

 

i think he means you cannot sue through your insurance co. however you can still sue the insurance co. of the other driver or the other herself.

FUKK THE BULL$H1T GET YOUR COMPENSATION!!!!!!!!

 

If you don't have the other driver's insurance details (typically the advice is to get this at the scene, but often that doesn't happen, especially if a driver is incapacitated and transported to hospital) then you have a few ways to get the info;

1) Hand the police report to your insurance agent and they should be able to tell you who it is, if not handle the contact for you.

(In my last accident my own insurance refused to have anything to do with it because the damage was less than my deductable - they simply said 'go file a claim with the other guy's insurance.')

2) Maybe you should have you dad call the other driver (her details should be on the accident report) and ask for the insurance company name, tel# and her policy number. By law she must provide the information. I actually had to call the other driver after my most recent accident and ask for details on how to contact his insurance company, because it was a very small unkown insurance company. Try a phone call first - if that fails for any reason;

3) Letter from your lawyer. When I was in my second accident the other guy had his lawyer send a letter which said;

"(WITHOUT PREJUDICE) The information in my possesion indicates that you were responsible for the accident, therefore we look to you for compensation. Please forward this letter you your insurance company immediately."

This will get a definite response, but you may have to wait for her isnurance co to contact you. Reccomment this letter is recorded delivery/certiifed/signed for etc so you can prove receipt.


As someone else said, don't let them take a recorded statement over the phone - they may question you in such a way that you give answers that mmay harm your legal standing; "Were you speeding a lot, or a little?" "Only a little!" "So you were speeding! AHA!" Tell them to send you paperwork for you to make a written statement. If you don't mind paying your layware a couple-hundred bucks then you could have him check you statement before you submit it and he could tell you if you are making any representations that could be damaging.


And before anyone says that this is too much work, or too much hassle... This could make the difference between 50/50 and zero culpability. For you insurance, this means the difference between $8k (or whatever you car is worth) and $0.

It'd suck if one little slip of the tounge wound up costing you $8k because you accidentally said you thnk you were doing 35 on a road that turns out to be 30...

Good luck!

 

great. What i mentioned earlier was that my insurance company gave me a complaint personnell i guess to handle all the business. I called my insurance company (allstate) and they made this claim person call me. We talked about everything and he agrreed that it is 100% her fault. He also told me to fax him the report once i get it. My pop's for some reason told me not to get the insurance company involved for some crazy reason. Mind you I ONLY HAVE LIABILITY SO i won't be getting anything from my insurance and probably he thought i have to pay my insurance for this little work they may do for me. Anyway, I don't have a lawyer and the lawyer we have may not be needed because i think the claim personel will take care of all the work.

From my stand point, u think i should just fax the info to insurance company, and see what they say? i'm thinking about doing that after calling the personel and see if he can get her info with the report. If not ask him if he needs me to call her. Well, i just have to wait and see. I see this as the best option.

I have not mentioned anything about speed to anyone besides on here and its not documented how fast i was going but like i said, i was doing around 30. I also drove down that same street today to buy some food and as i approached where she would have been before turning, i see that there is positively NO WAY she could have missed me. My side of the street (where i was coming from before accidnet) is an upward hill so i was coming down a hill, meaning she could see all in front of her. Me on the other hand, the car on my left made it difficult to see her, otherwise i would have been more cautious (even though i didn't have to be since i had right of way) but i seriously think she was trying to beat some traffic behind me or something because no one can be that stupid to run into another car out of the blue like that....

 

Fax the report to the insurance guy for your company, and he should be able to identify the other person's insurance company from it.

It might be worth asking if Allstate will charge for his service. I doubt it, though.

If he can't figure out her insurance from that form, then he can still bang out an official letter to her demanding her insurance details.

If this claim uy is gonna help you for free, then you may not need the lawyer - but I'd certainly not burn any bridge there...

 

Have you thought to call the police station or the officer that took the report? They should also be able to identify the other persons insurance company.

 

i'll do that then let u guys know what happens from there....

 

-=] UPDATE GENTLEMEN! [=-

i just took things in my own hand and called her insurance company up after getting info from mine (stupid claim personel took off for the day so i had to talk to someone else).

Anyway, i call them (State Farm) and tell them the scenerio. We immediately schedule for someone to check if car will be damaged or not and how much damages would be. They asked me if i got the car checked at a shop but i said no, but IF ANYONE IN NEW JERSEY CAN COME TO MY HOUSE TO CHECK DAMAGES AND GIVE A GREAT ESTIMATE (MASSIVE DOUGH) then please do so. I'll throw in my FSTB for free or something

Other then that, I have to fax them the report since the other idiot didn't and wait for them to decide who is liable. I also explained my story very well. So far so good. They said that once they determine who is at fault they give out 26.99 for renting a day + tax! WOOHOO! i don't know what that will buy but oh well. So far so good. Also my batter died because my door was opened (can't close).

I want to put stock intake in but i don't need all them small parts, just the piping and stuff for it to actually run right?

I'll keep u guys updated once again. Thanks all

 

I have the receipt from my paypal account for warpspeed y-pipe. Instead of bothering with taking it out i'm just gonna get my moneys worth for it and call it a day.

The same goes for my PR CAI. I have a receipt of how much i paid for it used from someone on here through paypal. I'm just gonna keep it in car and keep the money and save up for another intake (injen probably).

 

$26.99 should get you a standard size car at least it does in my part of the nation, something like a Grand Am, Stratus, Malibu. A lot of it depends on what is on the lot.

Anyway, make sure that you have full coverage insurance that transfers to a rental car. If you are between the ages of 18-25 the company I will basically guarentee you will rent from is Enterprise (As Hertz doesn't rent to under 25, and if you don't have a credit card). A requirement from Enterprise to rent between the ages of 18-21 is that you have full coverage insurance that transfers to a rental (and they will only rent to these ages if it is an insurance claim). If it doesn't transfer then your parents have to rent the car and you have to drive theirs if they will let you. Anyway, if you are over 21 and don't have coverage that transfers then get insurance to pay for the coverage as it should not have to come out of your pocket. $12/day adds up.

 

never thought about that. I'm 21. I have to have full coverage to rent? Will her insurance pay for the extra coverage i put on this car? I only have liability from Allstate. What do you recommend i do? and i know a few places around my area that have rentals besides Enterprise. They are no namers...why enterprise over other places?

 

Check your credit card, some card have provisions that give you insurance on rental cars just from using the credit card.

Kevin

 

http://forums.maxima.org/showthread....hreadid=154588

 

They want the car covered when you rent it. . . If you put the deposit on a credit card they may not even ask you about it as normally the card has some insurance, and by law we aren't allowed to require anyone to take the additional insurance, but you would be responsible for the car if anything happened to it. Her insurance should pay for it as you don't have coverage that covers it and you shouldn't have to pay anything out of pocket. . . Just make sure you inquire about it when you rent the car, and even the rental agency can help you out by verifying that you don't have coverage if you are at the office at the time. . . The hardest part may be getting ahold of an adjustor that can approve it.

And I say Enterprise because they have 70% of the insurance replacement market and they have the option of setting up direct billing with the insurance company. It isn't a guarentee, but I would say it is a 90% chance that you go through them. . . You can always pick witch rental agency you want to go through if there is another one. . . You would just have to probably pay out of pocket first and be reimbursed. . . It can be a pain.

 

link no worky

 

yea i deleted it. just go to the poll i made

 

HEY GUYS!!

they looked at car in morning before i woke up and i have a pink slip on my window saying IT IS TOTALED!!!

however, there are notes on the window. For one, i took the face out of the car but no the whole stereo and it says something about RADIO: client took out

also, they said SPEAKERS: Good

i'm not letting them keep speakers. Anyway, the car can't start because of dead battery and they obviously didn't look at piping. I'm going to contact them and tell them i bought aftermarket pipe so they should pay for it. If that's the case, anybody in Northeast that wants to buy mine for crackhead price can buy it provided they can make the rest of the piping sit on car and not drag on the floor

Also i think i will take out the 5 speed and put auto in. They didn't say anything about the transmission. So they shouldn't have a problem.

HELL YEA. I'll find out in 10 minutes how much they will give me for my car.

 

ok, i have a few receipts for rebuilt tranny, etc. and the person i talked to mentioned i have the option to keep car or not but couldn't tell me the deductable until she gotten the written report by me which is being faxed to her today.

She also said that she can't pay me for all parts i put on car, but can give me time to thank them off. Stuff like stereo, rims, transmission rebuilt yes, but y-pipe, cold air intake, handling bars they can't. Is this true? Or maybe she didn't know exactly what i was talking about? If i told her these parts were damaged due to the accident, is she still liable to pay?

I have over 2-3,000 dollars in receipts for parts and such vs selling everything seperate which I might not be able to do because my pop's might want to keep it to fix it for someone else....

I MAY KEEP car but i guess that means they only give me value of car plus deductable?

 

Dude, don't keep the car and rebuild it,you'll definately regret it. No matter what anybody tells you, the car will never be the same.

 

I would definately recommond not to repair the car.. There's no way any body shop these days can get it back to normal. Most will experience water leaks/increased windnoise, etc. I'd only try to buy it back for use as a parts car.

 

no no no! ofcourse i won't rebuild it! never that, i'm getting me a new maxima. But my father thinks that it can be fixed since the front is in perfect health. Only the back and side are damaged and he works for this big company that has an auto training shop. I guess he plans to put it there and let them experiment with it. See what they can do. As long as i get my mods out and my manual tranny, i'm cool. They can do whatever they want with the rest.

But i still got no response from how they will pay for the parts i have receipts for. Like my y-pipe, are they entitled to pay for it since i have a receipt? they say no. Maybe i should tell them i had it replaced because old one was damaged? please let me know guys

 

BUMP! answer please!

 

From my experience, they won't cover any of your mods regardless of if you have a receipt. They do an estimate on what the car's worth judging by it's condition. Make sure that cd-player gets added back on there...tell them it's stock and swap it...it's worth ~750 dollars. If they know it's aftermarket I think they'll take it off the total estimate.

Oops...I meant to say they will take it off the total, I remember something about that when I got my system stolen, the appraiser told me they would only cover the stock radio. Not my 600 dollar amp, or 400 dollar speaker box...sorry had to vent

 

Hey, sorry to hear about your car I know how it feels I have been in at least ten wrecks since I started driving and only one of them was my fault. The first thing you should do is to call her insurance and have them come and lok at your car, they will give you an estimate on the damages and if they say the car is totalled then they will offer you blue book on the car. They don't normally take into account any mods you may have done. If you don't agree on the price they tell you the best thing to do is to get a lawyer and threaten to sue for well more than you want and normally the insurance company will settle with you for less than that but you will still get more than you would have originally.

 

i feel u and i did most of that stuff already. I have another question. What about mods that were damaged due to the accident? aren't they responsible for paying for stuff like that? like my alarm? i can say my y-pipe was damaged, etc. Aren't they liable if my mods were damaged?

 

Sorry I haven't responded any sooner I've been working a crazy scheudle. Yeah they should cover any damage that was caused by the wreck like I said If they try to offer you less money than you think you deserve the best thing to do is to get a lawyer and have him settle it.