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Topic: Question for the attorneys and anyone who works in insurance

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medinabuckeye1

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Question for the attorneys and anyone who works in insurance
« on: May 30, 2024, 08:50:00 AM »
So, I got rear-ended last night on an interstate.  The other car is toast.  Mine is actually not all that bad.  

Fortunately this happened to our beater, it is a 2013 Chrysler mini-van with almost 175k.  Rear hatch is pretty dented up but actually still opens and closes.  I had to put a floor jack under the hitch receiver because it was bent down so far it was almost dragging on the ground but I have it out of the way.  Rear bumper cover is toast.  Gas tank dented but not actually leaking.  Exhaust needs some work.  

Kelly Blue Book says my van is worth anywhere from $3,500 to $10,000 depending on exact condition and whether it is private-party, trade-in, or dealer price.  

There were also four car-seats in the van (all empty at the time, just me in it) and you are supposed to replace those after an accident.  

So I'm thinking I should ask for $15k and settle for $12.5k on the basis that:

  • Up to $10k for the van
  • Up to $2k for the car seats
  • At least $500 for not suing for trauma/stress/my neck decides to hurt
Am I in the ballpark here?
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847badgerfan

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Re: Question for the attorneys and anyone who works in insurance
« Reply #1 on: May 30, 2024, 08:54:59 AM »
I didn't think you needed to replace car seats if they were not occupied.
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Cincydawg

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Re: Question for the attorneys and anyone who works in insurance
« Reply #2 on: May 30, 2024, 09:00:22 AM »
You might get some money for a rental car while you replace the vehicle.  I got rear ended a long while back and the other guy's insurance company paid for that while mine was being fixed.

They gave me a check for the damage to mine, I could have left it unfixed.
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MaximumSam

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Re: Question for the attorneys and anyone who works in insurance
« Reply #3 on: May 30, 2024, 09:14:56 AM »
I would definitely ask for the car seat money and see what they say. Feels optimistic that they would give you the dealer price. But, they gave me more than I expected when my car got totaled.
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ELA

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Re: Question for the attorneys and anyone who works in insurance
« Reply #4 on: May 30, 2024, 09:17:51 AM »
Quote from: 847badgerfan on May 30, 2024, 08:54:59 AM
I didn't think you needed to replace car seats if they were not occupied.
You are supposed to, not sure how necessary it actually is
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FearlessF

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Re: Question for the attorneys and anyone who works in insurance
« Reply #5 on: May 30, 2024, 09:29:48 AM »
Quote from: Cincydawg on May 30, 2024, 09:00:22 AM

They gave me a check for the damage to mine, I could have left it unfixed.
I'd cash the check and drive it as is. and then sell it, or scrap it
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medinabuckeye1

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Re: Question for the attorneys and anyone who works in insurance
« Reply #6 on: May 30, 2024, 09:38:30 AM »
Quote from: FearlessF on May 30, 2024, 09:29:48 AM
I'd cash the check and drive it as is. and then sell it, or scrap it
This is pretty much my plan.  It is already a 10 year old van so I really don't much care what it looks like.  I'd be happy to just take cash and drive it as-is.  Resale price is more-or-less irrelevant to me because I'll probably be selling it by the pound.  
Quote from: ELA on May 30, 2024, 09:17:51 AM
You are supposed to, not sure how necessary it actually is
My optimistic thinking is that "supposed to" means his insurance has to pay me for them but I don't actually have to replace them.   
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Cincydawg

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Re: Question for the attorneys and anyone who works in insurance
« Reply #7 on: May 30, 2024, 09:44:56 AM »
Mine was a fairly  new Cadillac CTS, so I had it fixed.  The damage was really just the bumper cover.  Some old guy slammed into the car behind me, we were both stopped at a light, and knocked her car into mine, it was an appreciable jolt, and surprise.  She was hurt, or said she was, she snarled at me when I went back to check on her.

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medinabuckeye1

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Re: Question for the attorneys and anyone who works in insurance
« Reply #8 on: May 30, 2024, 10:47:58 AM »
Quote from: Cincydawg on May 30, 2024, 09:44:56 AM
Mine was a fairly  new Cadillac CTS, so I had it fixed.  The damage was really just the bumper cover.  Some old guy slammed into the car behind me, we were both stopped at a light, and knocked her car into mine, it was an appreciable jolt, and surprise.  She was hurt, or said she was, she snarled at me when I went back to check on her.
If I had a newish Cadillac, I'd want it fixed too.  Our other car is a brand new Honda Mini-Van and I'd want it fixed just because it is new.  Since this happened to a 10 year old beater that is pushing 200k, I could care less what it looks like so I'm pretty much on the @FearlessF plan:
Quote from: FearlessF on May 30, 2024, 09:29:48 AM
I'd cash the check and drive it as is. and then sell it, or scrap it
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MrNubbz

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Re: Question for the attorneys and anyone who works in insurance
« Reply #9 on: May 30, 2024, 11:36:59 AM »
Quote from: Cincydawg on May 30, 2024, 09:44:56 AM
Mine was a fairly  new Cadillac CTS, so I had it fixed.  The damage was really just the bumper cover.  Some old guy slammed into the car behind me, we were both stopped at a light, and knocked her car into mine, it was an appreciable jolt, and surprise.  She was hurt, or said she was, she snarled at me when I went back to check on her.
I never believed in whiplash thought a lot of people feigned stuff(which might be true) inflating a settlement.Until of course some arse slammed into me going 35 mph,prolly more.Literally I was seeing twinkle-twinkle little stars briefly.My head snapped back and my ball cap landed on the rear deck behind those head rests.Didn't help that the lampshade then gets out of his car and quickly states"Hey do you know your Brake lights aren't working?" To which I courteously replied "F*** Y**".

I've always asked(as most do) if the other driver if they were all right (all minor collisions). The thing is I just checked and replaced a rear turning signal a night or two before. Had to as I played on a few softball teams sponsored by Pubs and didn't want to get pulled over on a technicality.

Turns out the arse had the same Ins. Co. so I told the body shop replace/repaint whatever they felt like. I let the INS.Co. know my neck hurt & I was going to the Doc.(I didn't)

Cindy was in a similar situation you mentioned ,she being in the middle car and some granny on a cell phone augered into her taking out my prized Geo Prizm ;D (a Corolla made in Fremont Cali). Went round & round with them as the ins. co said it wasn't a Toyota and I knew it was in disguise.Anyways the internet being your friend I found 3 of the same models that sold for much more than they wanted to give between Cleveland-Erie. So they caved in and gave me my price
« Last Edit: May 30, 2024, 11:42:07 AM by MrNubbz »
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Cincydawg

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Re: Question for the attorneys and anyone who works in insurance
« Reply #10 on: May 30, 2024, 11:39:02 AM »
I've been rear ended twice, not that bad really, but both times I had some neck problems.  Once my head was turned and that caused the wrong kind of motion.

Yeah, it's a real thing, if often faked, dunno.  A mild condition can cause it though to some extent.  I never sought medical care.
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MrNubbz

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Re: Question for the attorneys and anyone who works in insurance
« Reply #11 on: May 30, 2024, 11:54:55 AM »
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