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Suby took a beating today...rear ended (update)


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26 replies to this topic

#1 Novakaine

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Posted 17 August 2005 - 03:51 PM

I was heading to work around 11 am today when it all happened. I took an exit off the freeway, and so did the Yukon XL behind me. I stopped at the end of the ramp, because it merges with local traffic, and bam, the glass flew off my face, seat belt locked and i was dazed and confused for a few minutes.

I pulled up and stopped, and the lady stopped as well. we got out and spoke politely with each other. She was a little scared as well, and called her husband. Who turned out to be a pretty decent guy, and did not fight with me, and cast the blame on me some how.

I was not sure what to do, so I called my brother and friend, who told me to get all their information. My insurance card gave me a list of information to gather, and i did that. It also told me to notify the police, so after being on hold with 911 for about 10 minutes, I called the near by sfsu campus police, who said to contact the SFPD, who then said just get all their information and take it up with their insurance company.

So just to make sure he does not try to change the story later on, I had her sign a little piece of paper that said she rear ended me.

I was fine at the time, but now I am a little sore. I don't if that is the shock wearing off or that soft tissue stuff they talk about.

My Suby has a smashed tailgate, the rear bumper looks straight, but I assume there could be some damage underneath.

My fear is that there is frame damage or some damage top my all wheel drive system. I am going to take it to the burlingame collision center in a little bit and see what they say. Is there anything else I should ask them to look at? or any other advice you guys/gals can give me?

I am also afraid that if the damage is too much, will they just give me the blue book value of the car? Which is far less than i think the car is worth. I am not going to be able to buy another suby with the same specs from an old professor with every record in nice little file. What should I do?

I will post some pics up tonight.

Thanks, Avish

#2 mattocs

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Posted 17 August 2005 - 04:50 PM

Nothing is your fault. Fight with their insurance company if they try and give you BBV for the car...get what it would cost to REPLACE/FIX the car.

If you continue to have any pain, go see a doctor. Most likely it is some bruises that will heal and all will be well.


Good luck.

#3 kickson

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Posted 17 August 2005 - 05:52 PM

Sorry to hear about the accident. About the pain, don't be surprised if you have a stiff neck and frequent headaches for a few weeks. I was rear ended in my mom's infinity late June. Got X-rays and have been to physical therapy for a few weeks. Was diagnosed with some swelling and a muscle spasm for my neck. Actually went to see a lawyer cause I didn't know how to handle the situation. Don't know what type of insurance you have (full or liability), but if you have full than your insurance company should be able to cover any medical bills you have. The lawyer told me that your car insurance company paying for medical bills should have higher priority than your health insurance.

#4 Lesbaru

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Posted 17 August 2005 - 09:27 PM

Yah, the clinic I work with always bills the auto insurance in a motor vehicle accident. You really should get checked out by a doc, soon.

#5 nipper

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Posted 17 August 2005 - 11:39 PM

The people who get rearended and jump out of the cars holding thier necks are the fakes (as i was told in the er last month after getting hit). There are two scenarios here, The first one is that your neck is broken and your not getting out of the car. The second one is that 24-48 hrs after the accident your going to hurt like hell.
See your Dr sooner then later. If it gets to be too much dont be afraid to walk into an ER, just realize your going to kill alot of time there. i was there for 7 hrs and was not satisfied.
A rear end is 100% the other drivers fault. You may want to talk to a lawyer just to make sure everything is ok. I am finding dealing with my own insurance company a hell of a lot more traumatic then the accident itself was.

Please do take care of yourself first, and go to a DR.

best wishes

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#6 Zephyr

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Posted 18 August 2005 - 07:42 AM

It has already been said, but I want to reiterate GO TO THE DOCTOR. I would also call your insurance and the other parties insurance and tell them you are in pain.

My wife is a chiropractor. Patients who have been in an accident can have long lasting effects that can get quite severe. Problem is that the injuries may not apppear for months later, and by then the insurance companies will not accept financial responsibilities because it cannot be proved it was from the wreck that happened a month ago.

See a doctor immediately. Let it be well documented of your visits and of your pains. Best to be over cautious.

Sorry to hear about your bad day.

#7 Sweet82

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Posted 18 August 2005 - 10:06 AM

After you see the doctor,

Give us an update on the insurance & Subie issue...

#8 SQ93

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Posted 18 August 2005 - 11:44 AM

Not only should you see a doctor ASAP, also consult with your attorney ASAP in case you need to sue for damages (California only gives you 1 year to do so). I did neither when I was rear-ended and have regretted it ever since. I hope you doing better by now, please keep us posted.


I was heading to work around 11 am today when it all happened. I took an exit off the freeway, and so did the Yukon XL behind me. I stopped at the end of the ramp, because it merges with local traffic, and bam, the glass flew off my face, seat belt locked and i was dazed and confused for a few minutes.

I pulled up and stopped, and the lady stopped as well. we got out and spoke politely with each other. She was a little scared as well, and called her husband. Who turned out to be a pretty decent guy, and did not fight with me, and cast the blame on me some how.

I was not sure what to do, so I called my brother and friend, who told me to get all their information. My insurance card gave me a list of information to gather, and i did that. It also told me to notify the police, so after being on hold with 911 for about 10 minutes, I called the near by sfsu campus police, who said to contact the SFPD, who then said just get all their information and take it up with their insurance company.

So just to make sure he does not try to change the story later on, I had her sign a little piece of paper that said she rear ended me.

I was fine at the time, but now I am a little sore. I don't if that is the shock wearing off or that soft tissue stuff they talk about.

My Suby has a smashed tailgate, the rear bumper looks straight, but I assume there could be some damage underneath.

My fear is that there is frame damage or some damage top my all wheel drive system. I am going to take it to the burlingame collision center in a little bit and see what they say. Is there anything else I should ask them to look at? or any other advice you guys/gals can give me?

I am also afraid that if the damage is too much, will they just give me the blue book value of the car? Which is far less than i think the car is worth. I am not going to be able to buy another suby with the same specs from an old professor with every record in nice little file. What should I do?

I will post some pics up tonight.

Thanks, Avish



#9 Novakaine

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Posted 19 August 2005 - 10:00 AM

So here is the update:

I did wake up with a headache, a stiff neck, and a little bit of lower back ache. Thanks to all yoru advice, I will be going to a DR. today. Perhaps they will give me a better idea as to what is going on.

Is a lawyer really needed? I always see these comercials for injury lawerys and stuff, I never thought I would need one. Perhaps I do now. Anybody have one they can recommend?

I got two estimate, one was for about $6000 and the other was for about $5000. So I imagine that they will total the car, but i don't know yet. I have to take the car to their inspection place, and the adjuster will determine the extent of damage.

So, if the car is totaled. What should I do? Should I buy it back and then have it fixed myself? If the frame is slightly bent, is that a big problem or can it be straightened?

Here is a picture of the poor little subie:

Attached Files



#10 Sweet82

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Posted 19 August 2005 - 10:44 AM

I just ran NADA for your Subie....

Low Book----High Book

$2,175-------$3,725

I'd say they are going to total it.

#11 nipper

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Posted 19 August 2005 - 12:12 PM

Alot depends upon how cooperative the other insurance company is with you. The reason i got forced into suing was becauase no one would cooperate with me, and the other driver never reported it to his insurance company.
Get a few estimates, to submit to the other insurance company. Get one estimate from a body shop you like, and tell them you want an estimate for a cash repair, meaning you are paying for it yourself. Use this to decide if the car is getting fixed. If the insurance company totals your car, then you buy it back from them, find out what that does to your title. I am not sure of the ramifications of this. It may go on record with DMV as a total loss. This may make you think about weather you still want to carry collision on the car. The next collision (god forbid) or next claim, the insurance company may come back at you and say "we dont have to pay because the car was a totaled loss", but they will still gladly take your money for the premiums.
Yes they will total your car. You dont have to accept the payment from your insurance company, you can go right to the other insureance company, and tell them you want your car fixed.
Before you decide, CAREFULLY walk around the entire car and make sure all the doors and hood are still in alighnment. Make sure everything opens and closes as it did before the accident.
You have one advantage here from what i can tell. The car is still driveable.
You dont have a 30 day time clock for a rental running down. Use that to your advantage.
Also it may take 10-15 phone calls to lawyers to find one that wil take your case. In those 10-15 calls you will get a lot of free legal advice, so listen to it. Tey your state bar association web site, as they sometimes have aservice that will match you up with a lawyer. Ask freinds, ask business associates. Kepp receipts and track of everything, including milage and postal costs (i finally found a use for outlook). Keep phone logs when talking to insurance companies.

I hope this helps.

Good luck and feel better

nipper

#12 Zephyr

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Posted 19 August 2005 - 02:35 PM

Is a lawyer really needed? I always see these comercials for injury lawerys and stuff, I never thought I would need one. Perhaps I do now. Anybody have one they can recommend?


Quite possibly now that you are experiencing injury.

If you don't have medical insurance, get a lawyer.

If you have medical insurance, make sure you understand it very well. Ask any chiropractor... chronic soreness can easily develop from rear end collisions, and insurance companies have legal loop holes that can allow them to stop paying for services such as a chiropractor. I don't want to scare you, however it happens quite a bit. You may want to get advice from a chiropractor now and once you listen to their stories, you will understand how bad the worse case scenarios can get.

Good luck to you!

#13 cookie

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Posted 19 August 2005 - 03:05 PM

My Mercedes was rear ended at the toll booth on the San Mateo bridge.
the insurance company was OK to work with, but they wanted to total the car Since it was an 85 and they don't count condition, new engine, tranny, rear end, etc.
I bought it back from them for about $1500 and bought a deck lid in the correct color from a junkyard and pushed the body back into shape so the hit was hard to notice. I drove it about another year after that.
The pain was that the car was wrecked on the title and I had to do a DMV inspection and pay for a brake and light inspection. Altogether this cost me about another $300 if I recall, and a lot of time.
When I sold the car I got next to nothing because of the rebuilt marking on the title.

#14 Novakaine

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Posted 20 August 2005 - 02:27 AM

Thank you all for the advice.

I think, based on cookies story, and given the chance, and depending what they want to give me for the car if they total it, i may buy it back, but only for a few hundered. It is not worth 1500, like cookie's case.

I went to the doctor today, and he gave me some meds and told me to strech and ice the pain.

What bother me about all this, is that I have to go running around, and I have to go to the hospital, and I have to keep calling the insurance company. The other driver should have to do all that, and I should get to take it easy.

Tomorrow I take the car in to be inspected, and thats when we will find out what is eally going to happen.

#15 Guest_Vickaroo_*

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Posted 20 August 2005 - 08:54 AM

What bother me about all this, is that I have to go running around, and I have to go to the hospital, and I have to keep calling the insurance company. The other driver should have to do all that, and I should get to take it easy


I know its not fair, but thats how it is... Im so sorry to hear about your accident. I hope your neck head and back get back to "normal" but dont let the other persons insurance rush you into getting "back to normal" I saw the pics of your subbie and dangggggggggg she hit you good!!!! Do you have full coverage? Stand firm with the insurance companies they always try to take the cheapest way out... And goodness knows we pay out the ying yang for it... Vicky

#16 TheBrian

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Posted 20 August 2005 - 05:00 PM

It looks like nothing that a junkyard hatch and a few hours in a body shop can't fix.

If they do total it, and you decide not to have it fixed, buy it back and part it out. For example, sell me those alloys! I could further debrightonize my Brighton with those, plus I could use my rims for dedicated winter tires.

#17 subie94

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Posted 20 August 2005 - 05:06 PM

looks like it took most of the hit in the gate and just below the tail light.
http://www.ultimates...8&stc=1&thumb=1

i agree with brian (It looks like nothing that a junkyard hatch and a few hours in a body shop can't fix.)

#18 Novakaine

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Posted 20 August 2005 - 06:24 PM

It looks like nothing that a junkyard hatch and a few hours in a body shop can't fix.

If they do total it, and you decide not to have it fixed, buy it back and part it out. For example, sell me those alloys! I could further debrightonize my Brighton with those, plus I could use my rims for dedicated winter tires.



Yeah, I think I could fix it myself. I have already tracked down a tailgate. I have a friend with a body shop, I have him look and tell me if there is any frame damage, if there is, then its all yours. I wll be parting this thing out for the next two months. By the way, how much is the car worth parted out? ie. how much are the little parts here and there worth?

Actually, how bad is alittle frame damage? does it really matter?

What is sad is that i just bought the alloys like two weeks ago.

#19 95legacy

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Posted 21 August 2005 - 10:00 AM

Novakaine, ..from experience

1) Definitely see a doctor. If the doc sees that it is bad, he may even prescribe you the painkiller (naproxen) and muscle relaxer combo! He may even tell u to take a MRI or two.
2) Definitely start shopping for an attorney. It is possible that after your doctor's evaluation, he may recommend an attorney for you as certain doctors work with attorneys in accident cases. Once the attorney is in the equation, chances are it means you are going to be suing for personal injury.
3) Once you initiate the process of personal injury, be prepared for your opponent's insurance to not pay for your car's physical damage especially if they know that they will be paying for physical injury. Some insurance companies are shady like this. They know if the case is against them, they will be paying a lot more for physical injury so what they do is instead of paying for both, they rather make you wait and see what happens of the physical injury case. Physical injury cases, depending on the evidence can take a very long time to settle or go to trial. Because of this, they are banking that you will lose patience and drop the case or somehow do something that will screw up your case. ie: change your testimony or maybe some witness will pop up and not favor your case.
4) don't fix you car until the insurance has looked into your car. Even so, take pics, lots of pics. I would say depending on how bad your car is, at least 2 rolls and don't use digital. If your case goes into litigation, keep those negatives in a safe place.

..just my $02

#20 WoodsWagon

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Posted 21 August 2005 - 11:07 PM

The car is probably repairable yourself. If you can swap rims, you can swap a hatch. The latch and striker will probably need to be adjusted to catch again, and a J/Y bumper will help with future colisions. check the rear right door for ease of closing. Drill small holes into the dent under the taillight and use sheet metal screws and a slidehammer to pull the dent. It will look horrible at first, but some bondo can smooth it out enough. The minor advantage to having a damaged car is that you don't have to be as careful with it any more.

Talk with the insurance adjuster about the cash value of the car. My mom was rear ended in her Ford Taurus, and the car was totaled. The insurance company paid her 1,400 for the car, with a $75 buyback price. They would have raised the buyback price more if she had argued for a higher payout. I did the repair work, and got paid $200. She now has 1100 for her next car saved and the car is still on the road. Body shops will do a better job repairing the cosmetics of the car, but if that isn't the utmost importance, then using bondo and a hammer can get the car looking reasonabley good.

#21 Novakaine

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Posted 22 August 2005 - 08:26 PM

91Loyale I think you are right. Some Junk Yard parts and some bondo will do the trick. Right now they are offering me 2700 to total the car, and a buy back of 566. I still think I deserve more for the car, because the only car i could find with similiar specs was going for about 5000. I don't think I am being unreasonable, all i want is what is fair. But that is something I will be fighting the insurance company on for a little bit.

Also, it is too soon to settle, because they are still doing an investigation into the whole thing, because the car I was hit with, was not on the guys insurance policy.

#22 nipper

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Posted 22 August 2005 - 11:20 PM

Stand your ground but it is going to be tough. Have you spoken with a lawyer yet? How are you feeling? Remeber take care of you first the car second.


nipper

#23 nipper

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Posted 24 August 2005 - 11:47 PM

Just want to remind people, if you get rear ended, DO go to a doctor the next day no matter how your feeling. Since mine got rear ended on july 1st, some things got better, some got worse. Today found out I have a herniated disc form the accident. When I first got hit, I felt fine, then 36 hrs later I was in the ER. My sprained knee and ankle were not healing right, so off th=o the MRU we went.
I underestimated the forsce of the collision, as the car did not look that bad. Aparently it was a 50mph plus hit.
So please never underestimate the power of a collision on your body. Better safe then sorry.

nipper

#24 Zephyr

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Posted 25 August 2005 - 08:08 AM

Just want to remind people, if you get rear ended, DO go to a doctor the next day no matter how your feeling. Since mine got rear ended on july 1st, some things got better, some got worse. Today found out I have a herniated disc form the accident. When I first got hit, I felt fine, then 36 hrs later I was in the ER. My sprained knee and ankle were not healing right, so off th=o the MRU we went.
I underestimated the forsce of the collision, as the car did not look that bad. Aparently it was a 50mph plus hit.
So please never underestimate the power of a collision on your body. Better safe then sorry.

nipper


Another tricky spot that I have found myself in is when you call the insurance company after the wreck. Immediately they are asking "Do you feel any pain"? And they will ask that same question a few times in a different manner. I never say I am ok and describe any sort of discomfort at all because I don't want them telling me three months later that I said I was ok at the time of the accident. Insurance companies have plenty of loop holes they can snake out of if they can.

#25 Novakaine

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Posted 30 August 2005 - 12:22 AM

So here is the update.

I spoke to the allstate adjuster and settled the case. So after she offered me $2700 for the car, I told her to she needed to get her number right. She said she needed a few more days and came back to me with $4400, and we agreed. Then I bought the car back for $800. So I think we came to a fair deal. I need to get the car checked out by a body shop to make sure there is no frame damage, and the extent of it. I also want to wheel alightment checked and done as well.

My personal injury claim is still pending though.




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