Car Accident Need Advice
#1
Car Accident Need Advice
I was involved in a car accident a little while ago.
A pickup truck rear ended me.
I have a 1996 XJS.
Can anyone advise me on what's going to happen? I only have liability, so everything will be coming from the guy who hit me. He has MAIF, the Md State insurance fund...
The car is driveable, but the left quarterpanel, bumper, trunk lid and tail lights are gone. I don't know if there's any damage to the frame.
A pickup truck rear ended me.
I have a 1996 XJS.
Can anyone advise me on what's going to happen? I only have liability, so everything will be coming from the guy who hit me. He has MAIF, the Md State insurance fund...
The car is driveable, but the left quarterpanel, bumper, trunk lid and tail lights are gone. I don't know if there's any damage to the frame.
#2
take control
Make sure that you take the XJ-S to several shops for quotes and get it repaired at the shop of your choice. The company paying will try to use used parts wherever possible and might be substandard, might not. Just make sure you are in the drivers seat and dont let them tell you how your car is going to be fixed.
#3
A lot of people drive with their head up their a** these days. A taillight assembly may be difficult to source. They were put into production about 2-3 years ago. I know because my car was backed into in a Home Depot parking lot by a clueless "lass" who was yakking on her cell phone and not watching where she was backing up...
Good luck, let me know if I can help.
Good luck, let me know if I can help.
#4
Thanks for the feedback.
I'm more concerned about the insurance guy writing the car off as a total loss, not wanting to deal with the repairs.
The parts I need are available. (I think the tail lights might be the most expensive part!)
A replacement trunk lid is $450
The rear quarterpanel is $1,250
The bumper is $300
The tail lights, I found a set for $1,250
That was just a quick search (eBay) to make sure the parts were out there. I'm hoping I can do better if I just call the usual suspects and get it bundled up (Paul's Jaguar, etc). I believe I probably can. I only need the left hand set of lights, the right side seems to have made it.
I'm sure I can find a body shop that can do it for a fair price. I took it to one place already and he told me that the insurance company would certainly write it off as a total loss. Told me to come back once I found out if they would sell me the car...
I'm more concerned about the insurance guy writing the car off as a total loss, not wanting to deal with the repairs.
The parts I need are available. (I think the tail lights might be the most expensive part!)
A replacement trunk lid is $450
The rear quarterpanel is $1,250
The bumper is $300
The tail lights, I found a set for $1,250
That was just a quick search (eBay) to make sure the parts were out there. I'm hoping I can do better if I just call the usual suspects and get it bundled up (Paul's Jaguar, etc). I believe I probably can. I only need the left hand set of lights, the right side seems to have made it.
I'm sure I can find a body shop that can do it for a fair price. I took it to one place already and he told me that the insurance company would certainly write it off as a total loss. Told me to come back once I found out if they would sell me the car...
#5
Join Date: Apr 2011
Location: Galleria Area Houston, Texas
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Thanks for the feedback.
I'm more concerned about the insurance guy writing the car off as a total loss, not wanting to deal with the repairs.
The parts I need are available. (I think the tail lights might be the most expensive part!)
A replacement trunk lid is $450
The rear quarterpanel is $1,250
The bumper is $300
The tail lights, I found a set for $1,250
That was just a quick search (eBay) to make sure the parts were out there. I'm hoping I can do better if I just call the usual suspects and get it bundled up (Paul's Jaguar, etc). I believe I probably can. I only need the left hand set of lights, the right side seems to have made it.
I'm sure I can find a body shop that can do it for a fair price. I took it to one place already and he told me that the insurance company would certainly write it off as a total loss. Told me to come back once I found out if they would sell me the car...
I'm more concerned about the insurance guy writing the car off as a total loss, not wanting to deal with the repairs.
The parts I need are available. (I think the tail lights might be the most expensive part!)
A replacement trunk lid is $450
The rear quarterpanel is $1,250
The bumper is $300
The tail lights, I found a set for $1,250
That was just a quick search (eBay) to make sure the parts were out there. I'm hoping I can do better if I just call the usual suspects and get it bundled up (Paul's Jaguar, etc). I believe I probably can. I only need the left hand set of lights, the right side seems to have made it.
I'm sure I can find a body shop that can do it for a fair price. I took it to one place already and he told me that the insurance company would certainly write it off as a total loss. Told me to come back once I found out if they would sell me the car...
Being rear ended is always a fear of mine. So much so I almost rear ended someone myself because I was keeping my eye on the rear view mirror.
I am an insurance agent and adjuster. I fear that the most likely scenario if your car has over 80K miles is that they will try to total it. If the car is fixable and you don't plan on selling it, the best option would be for them to total it and let you buy the salvage for the best price you can negotiate, you could then fix it with the rest of the money they give you.
Good luck
#6
84,xxx miles.
Don't plan on selling it, ever.
Since you're in that line of business, what kind of settlement should I be looking for? What would your company offered for...basically your car. (You drive a 1996 XJS as well)
It was in great shape. Low miles.
I'm just looking to get a better understanding of what to expect and what a reasonable offer from the insurance company would be. What is the salvage value of this car? Will I be able to remove pieces I want to keep, such as the ski slope? Quad lights? Steering wheel, etc?
I may end up buying another one of these if things don't work out well in terms of repair...
Thanks. I appreciate any insight, and I'm aware that it would be pure speculation on your part.
Don't plan on selling it, ever.
Since you're in that line of business, what kind of settlement should I be looking for? What would your company offered for...basically your car. (You drive a 1996 XJS as well)
It was in great shape. Low miles.
I'm just looking to get a better understanding of what to expect and what a reasonable offer from the insurance company would be. What is the salvage value of this car? Will I be able to remove pieces I want to keep, such as the ski slope? Quad lights? Steering wheel, etc?
I may end up buying another one of these if things don't work out well in terms of repair...
Thanks. I appreciate any insight, and I'm aware that it would be pure speculation on your part.
#7
Join Date: Apr 2011
Location: Galleria Area Houston, Texas
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84,xxx miles.
Don't plan on selling it, ever.
Since you're in that line of business, what kind of settlement should I be looking for? What would your company offered for...basically your car. (You drive a 1996 XJS as well)
It was in great shape. Low miles.
I'm just looking to get a better understanding of what to expect and what a reasonable offer from the insurance company would be. What is the salvage value of this car? Will I be able to remove pieces I want to keep, such as the ski slope? Quad lights? Steering wheel, etc?
I may end up buying another one of these if things don't work out well in terms of repair...
Thanks. I appreciate any insight, and I'm aware that it would be pure speculation on your part.
Don't plan on selling it, ever.
Since you're in that line of business, what kind of settlement should I be looking for? What would your company offered for...basically your car. (You drive a 1996 XJS as well)
It was in great shape. Low miles.
I'm just looking to get a better understanding of what to expect and what a reasonable offer from the insurance company would be. What is the salvage value of this car? Will I be able to remove pieces I want to keep, such as the ski slope? Quad lights? Steering wheel, etc?
I may end up buying another one of these if things don't work out well in terms of repair...
Thanks. I appreciate any insight, and I'm aware that it would be pure speculation on your part.
If you can get them to total the car closer to 7k and sell you the salvage for 2k, that leaves you with 5k to fix the car. (Not including whatever BI you are entitled to) Personally, knowing the kind of work that has gone into my car, like evaporator and so forth, way over 20k in 4 years, I would go that route. I would not care about the salvage title because I am keeping it anyway. If you get a good adjuster he might be willing to work with you as far as repairing the car is concerned. Sometimes that's not the case.
You would be surprised at the kind of vehicles that are total losses. Perfectly good cars. You can find all the parts you need much cheaper than the bloodsuckers on eBay have them for. Good luck!!
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#8
Good advice from Mark, just don't start removing bits from the car before you have fully settled one way or the other.
It would probably affect your claim, and could be classed as theft if you do it after the insurance has paid you for total loss.
On parts alone you seem to be near 50% of the FMV add in all the labour costs and I would be amazed if they don't go for total loss + you are quoting EBay parts prices.
Hope it works out for you.
It would probably affect your claim, and could be classed as theft if you do it after the insurance has paid you for total loss.
On parts alone you seem to be near 50% of the FMV add in all the labour costs and I would be amazed if they don't go for total loss + you are quoting EBay parts prices.
Hope it works out for you.
#9
#10
Good advice from Mark, just don't start removing bits from the car before you have fully settled one way or the other.
It would probably affect your claim, and could be classed as theft if you do it after the insurance has paid you for total loss.
On parts alone you seem to be near 50% of the FMV add in all the labour costs and I would be amazed if they don't go for total loss + you are quoting EBay parts prices.
Hope it works out for you.
It would probably affect your claim, and could be classed as theft if you do it after the insurance has paid you for total loss.
On parts alone you seem to be near 50% of the FMV add in all the labour costs and I would be amazed if they don't go for total loss + you are quoting EBay parts prices.
Hope it works out for you.
Thanks for all the information. It's been useful.
#11
Join Date: Mar 2008
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#12
I have one with Hagerty, and although they place some restrictions on the use, I consider it worth it, especially as I don't do many miles
#13
Join Date: Apr 2011
Location: Galleria Area Houston, Texas
Posts: 2,926
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Vee, I would suggest you still try to get another opinion from another shop. Most collision centers just want to replace a fender and move on
#14
Thanks. I certainly intend to, but the first shop did make sense in the fact that this will be considered totaled.
Before I start driving this car around, I may as well see what the final offer/resolution is. If they want too much to buy the car back, then I'll just take the money and likely put it towards a new one.
If not, then I have a start point.
The body shop I want to use is a ways away. I'd prefer to make one trip out there. I'll also have to begin the process of procuring parts. The big ones seem easy to find, it's what I don't know about, under the body, that could present larger challenges.
Before I start driving this car around, I may as well see what the final offer/resolution is. If they want too much to buy the car back, then I'll just take the money and likely put it towards a new one.
If not, then I have a start point.
The body shop I want to use is a ways away. I'd prefer to make one trip out there. I'll also have to begin the process of procuring parts. The big ones seem easy to find, it's what I don't know about, under the body, that could present larger challenges.
#15
I am puzzled in this instance. Based on the information in your initial posting a 3rd party rear-ended your car.
That being the case it suggests that in fact you are in control of the situation insofar that:
- you were not the guilty party and do not need to involve your insurers (save for notifying them of the event)
- you can insist that the other party repair your car, even if they elect to deal through their insurers.
- if the other party is insured simply issue legal notice on them, with formal quotations for the repairs, and demand that your car be repaired. In the event that the 3rd party is not insured simply issue a writ for damages.
in all instances you are in control and should not be forced to suffer a loss, to have to write-off your car and compromise in any way whatsoever.
I would keep my own insurers informed of my actions and reserve the right to lodge a claim under my own policy if deemed necessary in due course.
Unless you agreed to a "knock-for-knock" e.g. both insurance companies only deal with their own client and do not cross claim against each other, your insurance company is obliged to act in your interest agains the guilty party.
If it were me I would be pushing very hard to ensure that my car were reinstated to the best condition possible, certainly not less than prior to the event.
Bernard
That being the case it suggests that in fact you are in control of the situation insofar that:
- you were not the guilty party and do not need to involve your insurers (save for notifying them of the event)
- you can insist that the other party repair your car, even if they elect to deal through their insurers.
- if the other party is insured simply issue legal notice on them, with formal quotations for the repairs, and demand that your car be repaired. In the event that the 3rd party is not insured simply issue a writ for damages.
in all instances you are in control and should not be forced to suffer a loss, to have to write-off your car and compromise in any way whatsoever.
I would keep my own insurers informed of my actions and reserve the right to lodge a claim under my own policy if deemed necessary in due course.
Unless you agreed to a "knock-for-knock" e.g. both insurance companies only deal with their own client and do not cross claim against each other, your insurance company is obliged to act in your interest agains the guilty party.
If it were me I would be pushing very hard to ensure that my car were reinstated to the best condition possible, certainly not less than prior to the event.
Bernard
#16
And since you are dealing with the "other guys" insurance they can total the car but that does not mean they take ownership of it. So I see no reason you should have to buy it back from them. It has been quite a while since I was in that situation but when I was the other insurance totaled my car and wrote me the check, it was my choice to repair it at that point or not (I did repair it by the way).
Marty......................
Marty......................
#17
Thanks. That's why I posted this. I am unaware of my rights when I fall under the rules of the other insurer.
The way I'm assuming things work is like this:
Insurance companies will limit their exposure to risk by capping the amount they are willing to pay for auto repairs at the "Fair Market Value" of the car itself. In other words, if it costs $15,000 to repair a car that is only worth $5,000, they will cut a check for $5,000 and be on their way. I was not sure whether that means they have "purchased" the salvage value of the car. I thought it did. This way they can recoup some money.
I am unsure what rights I have if I believe that my car is worth $8,000 and not $5,000. I suppose I could get a lawyer, but is it worth it. Depends on how low the offer is, right?
On a somewhat related note, theoretically, what if I was driving a crazy $1 million car (Maybach) and I get hit by an insured driver and they trash the car? Is the insurance company really expected to reimburse the owner of the Maybach, or is something like that capped out?
The way I'm assuming things work is like this:
Insurance companies will limit their exposure to risk by capping the amount they are willing to pay for auto repairs at the "Fair Market Value" of the car itself. In other words, if it costs $15,000 to repair a car that is only worth $5,000, they will cut a check for $5,000 and be on their way. I was not sure whether that means they have "purchased" the salvage value of the car. I thought it did. This way they can recoup some money.
I am unsure what rights I have if I believe that my car is worth $8,000 and not $5,000. I suppose I could get a lawyer, but is it worth it. Depends on how low the offer is, right?
On a somewhat related note, theoretically, what if I was driving a crazy $1 million car (Maybach) and I get hit by an insured driver and they trash the car? Is the insurance company really expected to reimburse the owner of the Maybach, or is something like that capped out?
#18
Vee
don't take any nonsense from the insurers.
the situation is simple:
- the other guy's fault therefore his insurance company is liable to settle your damage and has to meet your reasonable demands to reinstate (repair) your car. (what you cannot demand is replacement to brand new since there is a reasonable expectation that second hand parts can be used where new parts are not available). if the other guys' insurance policy has limitations that remains his problem and he must deal with his insurers.
- if you use a lawyer to settle the matter ensure that any costs associated with this are part of your total claim. I would not use a lawyer at this stage. a simple letter of demand setting out the full details of your claim e.g. the full cost of repair by an expert service provider such as panel shop, send the letter (by certified post) to the guy that hit you with a copy to his insurers. Go to a lawyer if this guy or insurer indicate that it was your fault or they refuse your claim.
remember "it was not your fault" therefore you have a right in law to be fully compensated for all reasonable costs incurred to put you back into the same position you were before the other guy damaged your property. Don't accept anything less from anyone. the value of your car has absolutely no relevance under the law.
Hope this assists
Bernard
don't take any nonsense from the insurers.
the situation is simple:
- the other guy's fault therefore his insurance company is liable to settle your damage and has to meet your reasonable demands to reinstate (repair) your car. (what you cannot demand is replacement to brand new since there is a reasonable expectation that second hand parts can be used where new parts are not available). if the other guys' insurance policy has limitations that remains his problem and he must deal with his insurers.
- if you use a lawyer to settle the matter ensure that any costs associated with this are part of your total claim. I would not use a lawyer at this stage. a simple letter of demand setting out the full details of your claim e.g. the full cost of repair by an expert service provider such as panel shop, send the letter (by certified post) to the guy that hit you with a copy to his insurers. Go to a lawyer if this guy or insurer indicate that it was your fault or they refuse your claim.
remember "it was not your fault" therefore you have a right in law to be fully compensated for all reasonable costs incurred to put you back into the same position you were before the other guy damaged your property. Don't accept anything less from anyone. the value of your car has absolutely no relevance under the law.
Hope this assists
Bernard
#19
Thanks. That's why I posted this. I am unaware of my rights when I fall under the rules of the other insurer.
The way I'm assuming things work is like this:
Insurance companies will limit their exposure to risk by capping the amount they are willing to pay for auto repairs at the "Fair Market Value" of the car itself. In other words, if it costs $15,000 to repair a car that is only worth $5,000, they will cut a check for $5,000 and be on their way. I was not sure whether that means they have "purchased" the salvage value of the car. I thought it did. This way they can recoup some money.
I am unsure what rights I have if I believe that my car is worth $8,000 and not $5,000. I suppose I could get a lawyer, but is it worth it. Depends on how low the offer is, right?
On a somewhat related note, theoretically, what if I was driving a crazy $1 million car (Maybach) and I get hit by an insured driver and they trash the car? Is the insurance company really expected to reimburse the owner of the Maybach, or is something like that capped out?
The way I'm assuming things work is like this:
Insurance companies will limit their exposure to risk by capping the amount they are willing to pay for auto repairs at the "Fair Market Value" of the car itself. In other words, if it costs $15,000 to repair a car that is only worth $5,000, they will cut a check for $5,000 and be on their way. I was not sure whether that means they have "purchased" the salvage value of the car. I thought it did. This way they can recoup some money.
I am unsure what rights I have if I believe that my car is worth $8,000 and not $5,000. I suppose I could get a lawyer, but is it worth it. Depends on how low the offer is, right?
On a somewhat related note, theoretically, what if I was driving a crazy $1 million car (Maybach) and I get hit by an insured driver and they trash the car? Is the insurance company really expected to reimburse the owner of the Maybach, or is something like that capped out?
1) Take the cash out and let the insurance keep the car
2) Retain the vehicle and keep the balance
3) Negotiate with insurance a closed bid, i.e. the maximum amount insurance will pay for the repairs (Some states allow that but in most its a gray area).
In case 2, I don't believe insurance company will put a high value on your car in its current condition (that number is mainly based on sales of vehicles similar at insurance auctions). Buying your car out may be the way to go especially since you don't plan on selling it.
Just for reference sake, my spottles but high mile 95 4Runner was stolen and then recovered after 31 days. The only thing stolen was the radio and the damage was limited to dash trim. Insurance decided to total the car in order to avoid any potential claim from my end. Buy back value was $700 which was a no-brainer. I took the check less retention value, pulled the original stereo head unit off my garage shelf, bought the center dash trim and for about $90 total had the truck back to pre-theft condition. A co-worker paid me $3200 for the truck with the salvage title.
In case 3, the benefit to you is that the title will remain clear. However, insurance company most probably will report it to Carfax.
In order to get the most money for the car, you need to research the market. Your goal is to find comparable cars (YOM, mileage, condition) to your car. Print all the information. Also, include receipts of any recent work done such as tires, major services, cosmetic repairs/restorations. Also, insurance companies consider tax and license applicable in your area. If you've just renewed your tags you should include that in your value. Remember that you are going after a COMPLETE cost of replacement.
As for your question regarding totaling a million dollar car, I would not get too excited about that. Insurance policies have liability $ limitations. If you cause $100,000 property damage and your policy only allows for $30,000 you may be open to a legal liability case to reimburse the claimant balance of $70k.
#20
Join Date: Apr 2011
Location: Galleria Area Houston, Texas
Posts: 2,926
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Thanks. That's why I posted this. I am unaware of my rights when I fall under the rules of the other insurer.
The way I'm assuming things work is like this:
Insurance companies will limit their exposure to risk by capping the amount they are willing to pay for auto repairs at the "Fair Market Value" of the car itself. In other words, if it costs $15,000 to repair a car that is only worth $5,000, they will cut a check for $5,000 and be on their way. I was not sure whether that means they have "purchased" the salvage value of the car. I thought it did. This way they can recoup some money.
I am unsure what rights I have if I believe that my car is worth $8,000 and not $5,000. I suppose I could get a lawyer, but is it worth it. Depends on how low the offer is, right?
On a somewhat related note, theoretically, what if I was driving a crazy $1 million car (Maybach) and I get hit by an insured driver and they trash the car? Is the insurance company really expected to reimburse the owner of the Maybach, or is something like that capped out?
The way I'm assuming things work is like this:
Insurance companies will limit their exposure to risk by capping the amount they are willing to pay for auto repairs at the "Fair Market Value" of the car itself. In other words, if it costs $15,000 to repair a car that is only worth $5,000, they will cut a check for $5,000 and be on their way. I was not sure whether that means they have "purchased" the salvage value of the car. I thought it did. This way they can recoup some money.
I am unsure what rights I have if I believe that my car is worth $8,000 and not $5,000. I suppose I could get a lawyer, but is it worth it. Depends on how low the offer is, right?
On a somewhat related note, theoretically, what if I was driving a crazy $1 million car (Maybach) and I get hit by an insured driver and they trash the car? Is the insurance company really expected to reimburse the owner of the Maybach, or is something like that capped out?
Back to your issue, if I where you I would start looking for the highest advertised XJS's around your mileage and printing all those ads to try to argue for the highest amount possible. Statistically speaking people who use attorneys get a larger settlement but get attorneys fees taken out of that.
If you want let me know how much they are willing to give you and we can go from there.