mountaingoatgruff Posted August 27, 2008 Share Posted August 27, 2008 so after spending a ridiculous amount on that t-belt job, my wife was rear-ended last night 100yards from our driveway. it was a younger guy in a late 70's toyota pickup that said he was going over 40mph when he hit her, but it was likely closer to 50, that's the obscene speed of traffic right here: and this is inside by the pass side of the spare tire area with the floor panels removed so the sheetmetal damage is easily visible. the oval plastic plug that should be there was found under the spare: the hatch won't close all the way now, the latch will grab but it doesn't lock and the light on the dash won't go out. my wife and 10mo son were in the car stopped to turn left when he hit. both drivers went by ambulance to the hospital and my wife was released with whiplash and a vicoden rx. my son seems okay but he's going to be checked out today to make sure. they've both got chiropractor appt's today, too. we haven't heard about the other driver. i'm pretty apprehensive about how they'll want to take care of this thing since the interior sheet metal is smashed in. any words of advice out there? Quote Link to comment Share on other sites More sharing options...
lostinthe202 Posted August 28, 2008 Share Posted August 28, 2008 Man, sorry to hear about the wreck, but glad that your family seems to have come out of it OK. Hope the kid has insurance. If he does, take the money and run. Likely they'll want to total it anyway. It's not like those cars are rare, if you hassle the insurance company with all the receipts of stuff recently purchased for the car, they'll take that into account and maybe get you enough to get one with all that stuff already done:banana: Good Luck!! Quote Link to comment Share on other sites More sharing options...
gbhrps Posted August 28, 2008 Share Posted August 28, 2008 Mountaingoatgruff, We're glad to hear that everyone came out of the mishap with minimal injuries. Any accident you can walk away from is a good accident. The Subie obviously did what it was supposed to do .... take the hit, fold up, and keep the passengers safe. From the pictures and my collision shop experience, I really think you got off lucky from a repair standpoint. A used tailgate, bumper cover, bumper bash bar, and some time on the frame bench should put the car right again. It doesn't appear to be anywhere near a write off. Of course, there may be other damage that can't be seen, but I think the car is highly fixable and would be safe when corrected. Good Luck! Quote Link to comment Share on other sites More sharing options...
screwbaru2 Posted August 28, 2008 Share Posted August 28, 2008 Too bad about the car but great that it was a soob and protected your family! Glad they're ok. Quote Link to comment Share on other sites More sharing options...
mountaingoatgruff Posted August 28, 2008 Author Share Posted August 28, 2008 the baby has a little misalignment in his lower back but is okay overall. my wife is pretty messed up and can't even pick our son up but with proper treatment she'll be fine, its all whiplash. we got a rental for now since the bumper cover is resting/melting on the exhaust and i only found it after noticing the smell from inside the car once i got off the freeway (i had to pick up my wife at the hospital last night). i don't care to mess with it as long as they're paying... rental is an '08 toyota corolla and it effectively reaffirms how much i dislike new cars, they feel like cheap office furniture. anyone have any shop recommendations in the modesto/turlock or surrounding areas? also, does anyone know exactly what source for "market value" state farm would use? market value is fairly ambiguous without knowing the source. Quote Link to comment Share on other sites More sharing options...
NV Zeno Posted August 28, 2008 Share Posted August 28, 2008 As I advise all that I know that are involved in a wreck that wasn't their fault: Contact YOUR insurance company. If you work directly with the other guy's insurer, they have no obligation to please or be fair to you. You pay your insurer to get the full value for damage to you and your property, let them argue it out between them. This will not count as a claim, and will not affect your rates. My mom and sis were involved in a wreck exactly like yours, in 1969. To this day, they both still feel the effects of the whiplash. IIRC, my mom was in traction for months, but didn't start feeling hurt until a few weeks after the wreck, and still has a constant "uncomfortableness" in her back. Just thought I'd throw that out there, because the other guy's insurer will settle as quickly and for the least amount possible, you can bet on that. Just my 2 bucks Quote Link to comment Share on other sites More sharing options...
nipper Posted August 28, 2008 Share Posted August 28, 2008 oh man, the car did its job. It could have been far worse That was me stopped at a red light hit at 55 by a dodge stratus. Your car is very fixable, but look at the hood gaps. If they are still even the car can be fixed. Luckily babies tend to be part rubber, nature is good that way. Your wife will hurt for some time, and if the pain gets any worse do not ignore it. I hope they took a mri. Sadly 3 years after the accident im still disabled and trying to rebuild my life. Don't wait to talk to a lawyer just to cover your bases. I hope everyone feels better. nipper Quote Link to comment Share on other sites More sharing options...
mountaingoatgruff Posted August 28, 2008 Author Share Posted August 28, 2008 took the car in to a body shop for an estimate: $4365.10 state farm is going to send a total loss claim rep out next week. they said they won't take the hundreds of dollars i just spent on that t-belt job into consideration because its "routine maintenance" and when they estiamte a car's market value they assume its been fully maintained. Quote Link to comment Share on other sites More sharing options...
mtsmiths Posted August 28, 2008 Share Posted August 28, 2008 took the car in to a body shop for an estimate: $4365.10 state farm is going to send a total loss claim rep out next week. they said they won't take the hundreds of dollars i just spent on that t-belt job into consideration because its "routine maintenance" and when they estiamte a car's market value they assume its been fully maintained. I feel your pain, we had just done full front case on our '00 when it was totaled by another driver. USAA said exactly the same thing. It's standard industry practice. Quote Link to comment Share on other sites More sharing options...
johnceggleston Posted August 28, 2008 Share Posted August 28, 2008 took the car in to a body shop for an estimate: $4365.10 state farm is going to send a total loss claim rep out next week. they said they won't take the hundreds of dollars i just spent on that t-belt job into consideration because its "routine maintenance" and when they estiamte a car's market value they assume its been fully maintained. do your self a favor, remove anything of value, radio, tires, trans, before yu turn it over. i'd be tempted to swap in an engine with bad head gaskets. Quote Link to comment Share on other sites More sharing options...
idosubaru Posted August 28, 2008 Share Posted August 28, 2008 get a lawyer, period. it's obvious already you're not equipped to handle this nor do you probably want to (it's a headache and you need to be persistent and play the game), nor have the time. let a lawyer do it. that's total crap that they won't reimburse you for the maintenance you put into it. actually if this wasn't your wife's fault the insurance company could easily be forced into fixing the car back to new. don't listen to "market value" or what ever their pricing or books say, that doesnt' mean ANYTHING if the accident wasn't your fault. that's just their way of trying to low ball you. right now they're trying to work you over. pay just enough to keep you happy and not make you think you're getting hosed. a friend of mine had a POS VW rabbit that he had personally rebuilt the engine in. car was wrecked and of course totalled, but not his fault. he demanded the insurance company rebuild his car totally, including a brand new engine. and after some talk, they did. they would much rather do that than have $50,000 lawsuit on their hands. also keep in mind your wife could very easily have complications down the road, very common with whiplash. yes "neck" injuries are over used and bogus...but they are actually common in wrecks too. do not trust the insurance company, get a lawyer right now. do not settle, do not accept any money or sign any papers until you get lawyer. very few people know how to play this system on their own, it sounds like you're in that boat. you're going up to bat against Greg Maddux, you'd rather have a professional there than yourself, trust me. and it doesn't matter to the other guy - his insurance is going up no matter what, you're not hurting him in any way unless he's uninsured or you max out his coverage (which won't be necessary). Quote Link to comment Share on other sites More sharing options...
nipper Posted August 28, 2008 Share Posted August 28, 2008 When Blu got hit by a deer, he came within a hairs breath of being totaled. What helped me was that Blu got a new engine 30,000 miles ago, that added to the value. Your not the one at fault here, so don't let an insurance company railroad you into totaling your car for only what may a few 100 bucks difference between the repair and the value. Talk to a lawyer, and do it now. nipper Quote Link to comment Share on other sites More sharing options...
mountaingoatgruff Posted August 28, 2008 Author Share Posted August 28, 2008 i'll be retaining a lawyer for sure, i've gone through this a few times but never from this perspective (i wasn't even in the accident, i was asleep at home!). what's really screwed us over right now is paying out of pocket for everything then having to submit claims for reimbursment. i spent two hours on the phone yesterday red in the face and offloading on one rep after another about how sick i am of hearing their industry rhetoric so i could get out of paying $500 out of pocket for the rental. i may have made an rump roast out of myself in a sandwich shop and i know i made some state farm employees pretty unhappy but i didn't have to pay for the rental! my insurance co (aaa) is going to reimburse our medical expenses then go after state farm for their money, state farm wants aaa to handle the property damage too, aaa says they won't since we only have liability ins on the legacy.... this thing is snowballing into a ridiculous mess and i've already missed two days of work cuz my wife can't care for our son. :-\ lawyer is at the top of the list at the moment. then Quote Link to comment Share on other sites More sharing options...
torxxx Posted August 28, 2008 Share Posted August 28, 2008 Take the insurance total money, buy the car back from the insurance company for 500 bucks, get it fixed for 2 grand (I worked at a body shop we've fixed a lot worse for 2 grand) and then file a lawsuit against the driver that hit the car Quote Link to comment Share on other sites More sharing options...
idosubaru Posted August 29, 2008 Share Posted August 29, 2008 Take the insurance total money, buy the car back from the insurance company for 500 bucks, get it fixed for 2 grand (I worked at a body shop we've fixed a lot worse for 2 grand) and then file a lawsuit against the driver that hit the car that's not a good idea. after it's all said and done and a lawyer tells you it's time to settle on the car - then sign and ask them to buy back. don't go do that on your own, you've already waited too long. need to quit spending money out of pocket as well and have a lawyer handle this....let him tell you what to do. that they are being tough about it would make me want to stick it to them considering your situation and wife and kid involved. don't mess with family freaking pricks. Quote Link to comment Share on other sites More sharing options...
four-fleet-feet Posted August 29, 2008 Share Posted August 29, 2008 It's one year ago today, at 1:35 in the afternoon, that my old S-10 was totaled by a careless commercial truck driver. By 8AM the very next day she was totaled on the spot by a Farmers inspector. I knew the frame horns were bent, so it wasn't a surprise. I thought, 'not my fault, so I'll get a check and go car shopping next week. I have rental coverage.' Ha. What was I thinking? Get the lawyer. End, stop, do not pass go, if anyone was injured you're going to need them. Deal with your insurance company if State Farm's giving you the runaround and you have a good relationshop with your AAA agent. However, sign nothing. Absolutely nothing. They may disguise their 'by signing this you attest you will not seek further compensation than that already offered and taken' crap by having the fine print in another form you think is innocuous enough to sign - trust me, they're NOT on your side in this - so sign nothing for AAA or State Farm. No matter how they whine. Your lawyer will be very happy - it's probably the first question they'll ask you. I was wrecked Aug 29th. I didn't get a check which cleared the bank until Nov. 5th. I was jerked around by my Farmers agent, which led me to change agents - but it was better than dealing with the other company, who literally coudn't talk to me until the commercial driver talked to them. Well, the driver never did and his insurance company claimed responsibility be default. His boss fired him. He lost his WA commercial license. At least some good came out of it, right? Not really, since I didn't have a lawyer. Farmers actually tried to pay me NOTHING for my 91 truck in perfect mechanical and external/internal shape. OK, she was dirty and needed a bath, but Farmers insisted that was proof positive that I hadn't taken care of my truck! Aircraft-engineer said the words 'we're getting a lawyer NOW' and they more than tripled the amount first offered (which, after my deductible, would have been zero, natch). Fool that I was, I took the offer (trying to avoid the court route) and they paid up. Sorta. Money still didn't cover Dragon. The other company refunded my deductible, or I would have gotten a lot less. I ended up getting new glasses out of it (mine inpacted the windshield pretty hard) but Farmers wouldn't pay for the bleeding in my eyes because I couldn't prove it hadn't been there before the accident. Who goes to an opthalmologist every six months? According to their rules, that's the proof I needed and didn't have. On medical bills (especialy ongoing ones) they can be awful. They're trying to frustrate you so you'll give up and sign. DON'T! Farmers also wouldn't pay for medical bills after the accident because I didn't need an ambulance at the scene (and therefore my back problems six weeks later weren't connected) I hurt for months. Alas, I had already signed that 'aver and attest I will seek no further claims' by that point. Dealing with Farmers' claims office in Oklahoma City was a real pain. They either didn't send paperwork out to me or lost what I sent back. By the end of it all I'd had three claims agents and finally a claims MANAGER handling my case, and my local agent refused to help me. I have a new Farmers agent now, very nice and helpful... may that Puyallup agent rot in h*ll....... I had to give my rental car up because the b***h Farmers agent I HAD (note past tense) screwed up the paperwork. Instead of a month, I had that Nissan Maxima two weeks. No car, and now no money to buy another car, even if I could get to the dealers by bus? I knew, right then, I should have gotten a lawyer. Dealing with trucker's ins company was out by that point, though, since I'd already signed something for Farmers. That signature gave them jurisdiction. However, the State Farm people don't seem to be very helpful in your case, either, whether you have signed something for AAA or not by this point. GET THE LAWYER. I hope your family is doing better soon. Quote Link to comment Share on other sites More sharing options...
mountaingoatgruff Posted August 29, 2008 Author Share Posted August 29, 2008 my wife and i haven't signed anything for anyone but hertz and the doctors. we had a consultation with a lawyer this morning and he was giddy to take the case, said we've done everything right so far and this should be a fairly routine one. things should go smoother for us now. i had to use up the rest of my vacation to care for my son since my wife is effectively incapacitated so it should be interesting to see if state farm is willing to pay me back for that... edit: got some homework from my lawyer. i need to find high-priced listings of 95-99 legacy wagons from dealerships to help argue a higher market value than the inevitable lowball offer they'll give at total time. if any of you guys know of any within 300miles of 95358 (central ca pretty much) i'd greatly appreciate it. Quote Link to comment Share on other sites More sharing options...
lostinthe202 Posted August 29, 2008 Share Posted August 29, 2008 You've probably already thought of it, but try autotrader.com and cars.com When I was shopping around, seemed like the dealers posted there a bunch. Good luck, I really hope this works out for you and yours. Quote Link to comment Share on other sites More sharing options...
mountaingoatgruff Posted August 29, 2008 Author Share Posted August 29, 2008 You've probably already thought of it, but try autotrader.com and cars.com When I was shopping around, seemed like the dealers posted there a bunch. Good luck, I really hope this works out for you and yours. i got a few from autotrader.com over the last half hour. all in the $6500 - $8000 range but mostly obw's (and man, those things must really hold some value!). i haven't found a single 97 legacy l wagon yet, which may count in our favor since we're going to argue that the property damage settlement has to be based on what it will actually take to replace the car. i'll continue looking for 97 l wag's but i think i should be okay on this one already. Quote Link to comment Share on other sites More sharing options...
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