TPLGT Posted July 21, 2006 Author Share Posted July 21, 2006 Yeah...I wish I had the GAP then I wouldn't sweat it....for pete's sake I am a Financial Advisor too....shame on me. I am kinda wiggin out too.....I will be crushed if I am out my new car and a couple of Gs due to someone else's fault.... I guess I will find out soon enough.... Rehab is for quitters. Link to comment Share on other sites More sharing options...
Moosedaddy Posted July 21, 2006 Share Posted July 21, 2006 I've been in your shoes before...And it sucks. But the best advice you have gotten on these boards is this: HIRE AN ATTORNEY. Don't wait either. Let me tell you, Personal Injury law makes you feel slimy. But just looking at your pictures of your poor car, this is CLEARLY a serious accident. And just because your neck and back a just a little sore today doesn't mean that they won't be AWFUL in a month. I was rear-ended a few years back. Hired a PI lawyer and ended up settling the "pain and suffering." It was a nice amount of money, but it was far, far less than what I thought I deserved to have to deal with a bad back for the rest of my life. But if I did not get an attorney, I would have gotten nothing. Do yourself a favor. Before you do anything else. Hire an attorney. NOW. Link to comment Share on other sites More sharing options...
Moosedaddy Posted July 21, 2006 Share Posted July 21, 2006 Oh...and GOOD LUCK! Link to comment Share on other sites More sharing options...
BOXRPWR Posted July 21, 2006 Share Posted July 21, 2006 Whatever you do.......DON'T SIGN ANY RELEASE OR ASSIGNMENT given you by either his or your own insurance co. They will offer you a settlement contingent on you signing such a release. It will remove you legal right to sue to recover any medical related claims. I'm not advocating any insurance fraud or false claims. But you are entitled to fair compensation for any injury - no matter the severity. Does FL have "No Fault" auto insurance? Link to comment Share on other sites More sharing options...
TPLGT Posted July 21, 2006 Author Share Posted July 21, 2006 Thanks for all of the advice....from eveyone! FL is a no fault state... I am retaining an attny...and I will pray for the best. I get depressed just thinking about the car.... I should be ok...I think. Rehab is for quitters. Link to comment Share on other sites More sharing options...
Moosedaddy Posted July 21, 2006 Share Posted July 21, 2006 Thanks for all of the advice....from eveyone! FL is a no fault state... I am retaining an attny...and I will pray for the best. I get depressed just thinking about the car.... I should be ok...I think. The car can be replaced (as crazy as that sounds). Your back cannot. Glad to hear your getting an attorney. Good luck. Link to comment Share on other sites More sharing options...
wukindada Posted July 21, 2006 Share Posted July 21, 2006 TP....as Opie stated you should not have made a statement without a Attny present:( Get yourself a attny ASAP! There is NO WAY you should have ANY out of pocket expenses from this Auto, medical, rental you get the idea. Toyota 6EATS .........SUCK!!!!!! Link to comment Share on other sites More sharing options...
GraysonSubaru Posted July 21, 2006 Share Posted July 21, 2006 Glad you are mostly ok. as mentioned, be sure to get checked out PS -- we have a black/black LGT Link to comment Share on other sites More sharing options...
rpbyrd2 Posted July 21, 2006 Share Posted July 21, 2006 Glad you are okay, do you live in Jacksonville? Not to try to make you feel bad or anything but I have the other black on black GT. Hope you get you another one though. Link to comment Share on other sites More sharing options...
nike923 Posted July 21, 2006 Share Posted July 21, 2006 *tear* after seeing those pics Link to comment Share on other sites More sharing options...
chuckzul Posted July 21, 2006 Share Posted July 21, 2006 Very sorry for your loss man. Maybe I can help a bit. I'm a licensed agent in both PA and NY. If you have collision insurance, make the claim with your insurance company. You will be out of what ever your deductible is for now. In most states, your insurance company will pay your medical bills under PIP (personal injury protection), also known as no fault. Once you make the collision claim with your insurance company, they will begin subrogation procedings (Sue them) against the other drivers insurance to recover their losses, and you will get your deductible money back...eventually. This should allow you to get your gap insurance. Also, most insurance companies have a new vehicle replacement program, where they will replace your vehicle if totaled within the first year of ownership. If you have any insurance questions, please feel free to PM me. -Dave All good advice, but, once you make a claim against your own insurance company, doesn't that automatically jack your future premiums regardless of fault? Link to comment Share on other sites More sharing options...
rexrw Posted July 21, 2006 Share Posted July 21, 2006 All I want to know is did your golf clubs survive that accident? My first reaction would have been "Oh sh*t my clubs". Link to comment Share on other sites More sharing options...
MiniStiGuy Posted July 21, 2006 Share Posted July 21, 2006 If you do not have GAP insurance then they do not by law have to pay a penny more then the car's current deamed value is. This is why I have GAP because the last car I didn't and I got f-ed and it was only stolen. GAP insurance will cover if its totaled, or stolen etc. I highly agree with everyone else is saying that you IMMEDIATELY need to contact a lawyer and take them to court on this and don't settle for anything under 50,000 dollars. My friend was in an accident where he rolled 5 times in the car due to someone side swipping him and his car lost control. He now has over 100,000 dollars and a brand new Lexus IS and he only had some cuts and his knee got cut up so he had to have treatment on that. Rear ender's = you at no fault whatsoever UNLESS, you pulled out in front of him and witnesses can attest to you unsafely pulling infront of his car. Its good that your alive but don't be pushed around like some little bitch by "THE MAN" OEM HID's Rx330 Retro Link to comment Share on other sites More sharing options...
godwhomismike Posted July 21, 2006 Share Posted July 21, 2006 Glad to hear your getting an attorney. Good luck. +1 goodluck man Link to comment Share on other sites More sharing options...
Two-Five Sti-L Posted July 21, 2006 Share Posted July 21, 2006 Am I the only one who thinks his car might not be totaled? Obviously the damage is quite extensive but if the frame hasn't been altered I don't think insurance is required to total it since the repair costs will not exceed ~70% of the car's value, which is about $14-15k in this case. Link to comment Share on other sites More sharing options...
DKB_SATX Posted July 21, 2006 Share Posted July 21, 2006 Am I the only one who thinks his car might not be totaled? Obviously the damage is quite extensive but if the frame hasn't been altered I don't think insurance is required to total it since the repair costs will not exceed ~70% of the car's value, which is about $14-15k in this case. Looking at how the left-rear quarter is pushed into the rear door area, I think it's unlikely that the "frame" is unaltered. (Unibody cars don't exactly have a frame but there are major components of the structure, such as the "safety ring" around the doors that allows Subaru to have light doors with frameless windows and still do well in side-impact tests.) Let's just say that I wouldn't want to drive this car every day for the next 5 years after it was repaired. I would push them to total it and pay replacement value, not unfair considering the other driver's negligence. I'm not sure how that works in wacko no-fault systems, though. Link to comment Share on other sites More sharing options...
IwannaSportSedan Posted July 21, 2006 Share Posted July 21, 2006 Ummmmm.... This car has no "frame". The unibody is crushed to the rear wheels, and the back window is gone. The spare tire has probably been shoved into the rear seat, or under the car. Do you honestly think the damage stops behind the rear wheels? It probably damaged the fuel tank, and the rear section of the driveline and rear suspension, the roof, and the c-pillar structure. That forceful of a hit could wrinkle the unibody all the way to the front subframe as that energy was dissappated. Both rear fenders are part of the unibody, and not bolt-on pieces, not to mention the trunk floor and rear seat bottom pan. There is no vertical bulkhead in the back of the car, so all the crush energy is transmitted forward through the structure, around the passenger cell. I doubt this car would EVER be straight again if a repair were attempted. I am just glad no one was badly hurt. I am sorry to see a nice car damaged, but I am even more sorry to see a nice person damaged. Link to comment Share on other sites More sharing options...
johndas Posted July 21, 2006 Share Posted July 21, 2006 The key here is to take your time...go with your schedule and do not and I mean "do not" let them tell you that this is how it works...soft tissue injury takes time to not only show up but also to work itself out of your person... You will only have one chance to do this right and one chance only...swing for the fences as your body will appreciate it in the long run! Now as for missing your car...that is certainly replaceable and the longer you wait the newer you car will be... In this order...Lawyer...Doctors...diagnosis...rehab...and as far as settlement...ah...I'll think about it!!!!!!! "I'm just trying to gain some quality of life back" ... Rememeber the insurance is paid to pay less...they could care less about you 10 times out of 10! Your Lawyer is your best friend as the more you make the more they do!!!!!! Who would you rather have as your best friend here? J Link to comment Share on other sites More sharing options...
G.T.Subie Posted July 21, 2006 Share Posted July 21, 2006 Good luck with this, it's too bad. Denial is your best friend Link to comment Share on other sites More sharing options...
starlabs Posted July 21, 2006 Share Posted July 21, 2006 Just saw this thread... man that really sucks - my condolences! I'm glad you're ok so far though.... health is #1! -=- Livin life at 140 BPM -=- Link to comment Share on other sites More sharing options...
Jeff_B Posted July 21, 2006 Share Posted July 21, 2006 It all depends on how much you owe and how good of a deal you got. Anytime you buy a new car it depreciates as soon as you take it off the lot. The car is worth less right off the bat. If you got a good deal and put some money down you might be ok on the PD settlement. They will not pay for a brand new car, as they do not owe it. When a car is totaled they need to run an evaluation of the value, which should show similar cars for sale in the area. If you don't like thier offer, tell them to find you a similar car with similar miles that you can buy. Your attorney will be for the BI settlement, he may help you with the PD, but typically they stick just to the BI. You will not get $50k, and be glad, because you would have to be injured much more to get that much. If you have any questions, pm me or let me know, i myself am an evil claim rep:icon_mrgr . I see alot of the replies on here are from people who watch to many 1-800-LAWYER commercials during the Price is Right! BTW what company is his insurance thru? If you do not have GAP insurance then they do not by law have to pay a penny more then the car's current deamed value is. This is why I have GAP because the last car I didn't and I got f-ed and it was only stolen. GAP insurance will cover if its totaled, or stolen etc. I highly agree with everyone else is saying that you IMMEDIATELY need to contact a lawyer and take them to court on this and don't settle for anything under 50,000 dollars. My friend was in an accident where he rolled 5 times in the car due to someone side swipping him and his car lost control. He now has over 100,000 dollars and a brand new Lexus IS and he only had some cuts and his knee got cut up so he had to have treatment on that. Rear ender's = you at no fault whatsoever UNLESS, you pulled out in front of him and witnesses can attest to you unsafely pulling infront of his car. Its good that your alive but don't be pushed around like some little bitch by "THE MAN" Link to comment Share on other sites More sharing options...
MD1220 Posted July 21, 2006 Share Posted July 21, 2006 All good advice, but, once you make a claim against your own insurance company, doesn't that automatically jack your future premiums regardless of fault? Most likely no. A surcharge is from an At Fault accident, a major moving violation, or several small violations. His company will get their money back, or most of it from subrogation procedings. Also, No-Fault is also referred to as Personal Injury Protection...It just means that it doens't matter who is at fault, your own insurance company pays your medical bills. Link to comment Share on other sites More sharing options...
TravisS Posted July 21, 2006 Share Posted July 21, 2006 Most likely no. A surcharge is from an At Fault accident, a major moving violation, or several small violations. His company will get their money back, or most of it from subrogation procedings. Also, No-Fault is also referred to as Personal Injury Protection...It just means that it doens't matter who is at fault, your own insurance company pays your medical bills. Fault or not, if you make a claim to your own insurance it's counted against you. A claim is a claim is a claim, which is lame. Unless, of course, it's a non-insured motorist claim. In that case it's not counted against you, but your deductable is much larger. For me it's $300 vs $100. Now this may not be the same for all insurance, but it is for mine (Farmers). I found this out first hand when we decided to make a $1500 claim and got rewarded by putting me on their "high risk" program and doubling my insurance for 3 years. Link to comment Share on other sites More sharing options...
MD1220 Posted July 21, 2006 Share Posted July 21, 2006 Fault or not, if you make a claim to your own insurance it's counted against you. A claim is a claim is a claim, which is lame. Unless, of course, it's a non-insured motorist claim. In that case it's not counted against you, but your deductable is much larger. For me it's $300 vs $100. Now this may not be the same for all insurance, but it is for mine (Farmers). I found this out first hand when we decided to make a $1500 claim and got rewarded by putting me on their "high risk" program and doubling my insurance for 3 years. What was the claim for? Did you have any other claims within 5 years? What was your driving record like? What is your age? It is possible if you had any issues in the categories I mentioned, that your Ins company would drop you from their preferred program, to their non-standard risk program in the event of a not at fault claim. But Insurance Law states that a policy can only be surcharged for the issues I mentioned in my post. I've been an insurance agent for over 10 years....I know. Link to comment Share on other sites More sharing options...
TravisS Posted July 21, 2006 Share Posted July 21, 2006 What was the claim for? Did you have any other claims within 5 years? What was your driving record like? What is your age? It is possible if you had any issues in the categories I mentioned, that your Ins company would drop you from their preferred program, to their non-standard risk program in the event of a not at fault claim. But Insurance Law states that a policy can only be surcharged for the issues I mentioned in my post. I've been an insurance agent for over 10 years....I know. Yes, of course different results for different scenarios First claim... and of course that's part of it. It was my first claim because I was 16, hard to have a claim before that I would have to agree, that under most circumstances a non at fault claim would not result in increased insurance. That was exactly the reason we made the claim in the first part I just know for experience that's not always the case and certainly would not be the case here. Link to comment Share on other sites More sharing options...
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