HELP! Is my car may be totaled. I am not at fault wondering how to handle insurance claims?
I was recently in a wreck where a flatbed truck in front of me slammed on the breaks (and had no break lights), so I plowed into his car. The police officer checked his breaks and determined they were not working before the accident. I was not found to be at fault, and he was given a ticket for nonworking break lights.
The damage I have assessed includes: head light washers, bumper, hood, parts under hood (radiator and who knows what else), frame damage, frame of windshield loose/damaged, check engine light came on, and although no airbags deployed- the airbag light came on. Radiator fluid leaked all over the highway. The headlights are miraculously intact.
I am on pins and needles waiting to hear back from the repair/collision shop to see how much the damage estimate comes to. In the meantime I will need a rental car.
Since it is a foreign car, I would prefer Audi worked on the mechanical parts. Audi will need to supply the radiator (and whatever else is damaged under hood) as well as the paint, bumper, hood, (there is no way it can be fixed), and head light washers.
My same car model/year is being sold for $9,995; $9,495; $8,987; $8,900 in dealer listings on the Autotrader website. A year ago, when I bought it, it retailed at $10,000 from the dealer I purchased it from. Kelley Blue Book puts my car at $9,875 while NADA puts it at $8,950. I would be happy with any of these prices supposing it is totaled- because I could get a decent/comparable car. After being in a major accident, my car's resale value will go down at least 40%.
Would his company's insurance pay for all of this? Would it be better to try to see if my insurance company could pay for it and give his company a reimbursement claim? I could see myself getting better coverage if my company could pay for it (especially considering we have five cars insured with them as well as homeowner's.
HELP!!!!
Atlanta Wrecked Car Selling
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Comments on HELP! Is my car may be totaled. I am not at fault wondering how to handle insurance claims?
10:40 pm
Atlanta Wrecked Car Selling
Have you notified your own insurance company? Personally, I would file a claim through my own insurance and let them do all of the work. Isn't this one reason we buy insurance ? They will fix or total your car and then they will work with the other company and get reimbursed and will return your collision deductible to you. Besides, more often than not, your own company will treat you better than the others insurance. When you paid your premium, you bought protection which includes making you whole, advice, and access to free legal representation if needed. Use it ! If your car is totaled, you will be given fair market value for it.
11:55 am
Atlanta Wrecked Car Selling
I suggest you go through your own insurance company. While the other party was cited, you were apparently following to closely. There is no way the other insurance company will pay you 100% for the damage to you vehicle. Also, in some states, 1% negligence can bar you from any recovery. The police do not determine liability. The insurance company does. If the other carrier already accepted 100% that is pretty awesome.
Your insurance company will either have your vehicle repaired, or total it if the damage exceeds 75% of the vehicle value. Neither insurance company is going to let you get the vehicle repaired at a dealership given the age of the vehicle.
You are not going to get better coverage going through your own Collision Coverage, but you do have a contract with your insurance company. They will handle the claim pursuant to the terms of the policy. Once paid, they will subrogate and recover what they paid out. If you do not have rental, you need to file a third party claim. But again, I doubt they will pay you 100%.
6:58 pm
Atlanta Wrecked Car Selling
Typically an insurance company will total the vehicle if the damage exceeds 80% of the vehicles Actual Cash Value (or the cost to replace the item minus depreciation, depreciation would be the mileage, condtion of the vehicle and so on). If the damage does NOT exceed 80% of the ACV of your vehicle then they will repair your vehicle despite what the vehicles resale value would be.
NADA is a more accurate figure of what the vehicle would be worth, although insurance companies use private sources to actually determine the value of the vehicle. For example in PA they use the PA appraisers act.
You have the right that you can go through the other person's insurance IF they accept fault for the accident, but you have to go by their insurance company's claims handling, meaning you might not have a say in how the other company fixes your vehicle. Your insurance company would not be involved in the claim AT ALL if you go through the other company, so you would have to deal directly with the other company.
If you have collision coverage on your policy, you could go through your insurance company, subject to your deductible of course, then the subrogation process would begin if liability was determined to be his fault. If your company got any money back for the accident from the other insurance company, you should be the 1st person to get your deductible back.
IF you go through your company, if you dont have rental on your policy, or it is not included in your policy, they might not provide a rental car.
So if you go through the other company and they accept fault, they should provide you with a rental car.
I TOTALLY agree with Luna Lawnboy too- the police DO NOT DECIDE WHO IS LIABLE FOR THE ACCIDENT!!!!!! It is up to the insurance companies to determine liability. They can split the liability too! It's VERY RARE when you rear end someone, despite them being sited for no brake lights, it does not mean that you are not partially at fault. Sorry to say that but thats how insurance works.
Sorry this happened and good luck!