Hit from the rear looking at options for vehicle compensation

[Wayneo]

What is the name of your state? California

Hello all,

Just looking for some information,
Last week I was hit from the rear while stopped at a red light by a driver that admitted he dropped his cell phone and was looking for it and did not see my truck. I drive a 2001 Dodge Dakota Quad Cab truck which is roughly 4500 pounds and he was in a ford probe. The impact threw the truck about 14 feet into the interception where I was stopped. Only thing that saved me from serious injury was the fact he hit my class 4 tow hitch, EVERY VEHICLE I Have that is a truck from here till the end of my days will have a CLass 4 hitch. This impact totaled his car but I am not worried about his car, it_s my truck I am thinking of. I was not seriously injured other then some muscle strains and aggravation of previous injuries from the days of college football. Which I more then likely be seeking some chiropractic service to help with neck and back alignment.

Here is the skinny, while the truck was not totaled, the frame has a buckle and the bed pushed up into the cab crushing a corner of the cab, the tailgate is locked into place and the bumper is pretty much totaled. The passenger rear door now hangs when you attempt to open it and you can feel a grinding of the door mechanism. So that_s where the truck stands with most of the damage.

I ran a Kelly Blue Book report on the truck and come up with a value of $8880.00. I then ran a KBB on the same truck with the $3000.00 dollars worth of repairs done (my estimations done so far have shown it to be about that to repair the truck) and KBB will not give a value as the repairs as they considar the truck to be wrecked.

I know that I will never be able to sell the truck for anywhere near KBB to a dealer or a private party because of the accident. I would not want to hide the fact the truck was in an accident that needed $3000.00 or more in repairs and carfax makes this a reality for the consumer. What could I do_? After the truck is fixed can I make an attempt to settle with the negligent driver_s insurance company to pay the difference on the truck as it will depreciate because of the accident? Because I know I would be uncomfortable buying a car that was in an accident.

I seem to be semi stuck here as I am not seriously hurt, minor things I will be seeking help for but it_s my property damage I am worried about. The repairs are $3000.00 or more and the truck is roughly $9000.00. It doesn_t Blue Book for squat as a wrecked vehicle and I wanted to sell it to upgrade this year. I don_t feel as I am the one that was hit where I should have to suffer the monetary loss of value of my truck. If it was my choice I_d have avoided the accident. I_m curious why I should be left holding the bag.

I know I am log winded and simple minded, but any help would be appreciated.

Wayneo

 

[barry1817]

auto accident

What is the name of your state? California

Hello all,

Just looking for some information,
Last week I was hit from the rear while stopped at a red light by a driver that admitted he dropped his cell phone and was looking for it and did not see my truck. I drive a 2001 Dodge Dakota Quad Cab truck which is roughly 4500 pounds and he was in a ford probe. The impact threw the truck about 14 feet into the interception where I was stopped. Only thing that saved me from serious injury was the fact he hit my class 4 tow hitch, EVERY VEHICLE I Have that is a truck from here till the end of my days will have a CLass 4 hitch. This impact totaled his car but I am not worried about his car, it_s my truck I am thinking of. I was not seriously injured other then some muscle strains and aggravation of previous injuries from the days of college football. Which I more then likely be seeking some chiropractic service to help with neck and back alignment.

Here is the skinny, while the truck was not totaled, the frame has a buckle and the bed pushed up into the cab crushing a corner of the cab, the tailgate is locked into place and the bumper is pretty much totaled. The passenger rear door now hangs when you attempt to open it and you can feel a grinding of the door mechanism. So that_s where the truck stands with most of the damage.

I ran a Kelly Blue Book report on the truck and come up with a value of $8880.00. I then ran a KBB on the same truck with the $3000.00 dollars worth of repairs done (my estimations done so far have shown it to be about that to repair the truck) and KBB will not give a value as the repairs as they considar the truck to be wrecked.

I know that I will never be able to sell the truck for anywhere near KBB to a dealer or a private party because of the accident. I would not want to hide the fact the truck was in an accident that needed $3000.00 or more in repairs and carfax makes this a reality for the consumer. What could I do_? After the truck is fixed can I make an attempt to settle with the negligent driver_s insurance company to pay the difference on the truck as it will depreciate because of the accident? Because I know I would be uncomfortable buying a car that was in an accident.

I seem to be semi stuck here as I am not seriously hurt, minor things I will be seeking help for but it_s my property damage I am worried about. The repairs are $3000.00 or more and the truck is roughly $9000.00. It doesn_t Blue Book for squat as a wrecked vehicle and I wanted to sell it to upgrade this year. I don_t feel as I am the one that was hit where I should have to suffer the monetary loss of value of my truck. If it was my choice I_d have avoided the accident. I_m curious why I should be left holding the bag.

I know I am log winded and simple minded, but any help would be appreciated.

Wayneo

For what it is worth from a non-attorney

Having been in two accidents where my car was totaled, once with no injury and once with injury attorneys have told me that without injury the other side is just going to want to deal with the cost of the vehicle and they aren't interested in your loss that may be incurred.

If you are injured, it becomes a different matter.

I would suggest you speak with a PI lawyer and also, the fact that you don't thnk that the injuries are extensive, sometimes injuries dont' manifest themselves until some time down the line.

Good luck with this

[email protected]

 

[moburkes]

I don't think CA recognizes diminished value.
No one would ever pay KBB for a vehicle. You sure as heck can't sell it to a dealer for KBB.
You'll have to make up for the loss of value within the bodily injury section.

 

[racer72]

Where did you get that $3000 figure from? I was rear ended in my Toyota pickup, it suffered no frame damage, just damage to the tailgate, bumper, rear of the box and a couple small dents on the back of the cab and my repair estimate came back at almost $4200. The damage to your truck appears to be more severe. Also, are you sure you want a trailer hitch on your vehicles? That is likely why your vehicle has the frame and cab damage, all the force of the impact was transferred to the frame then forward. Without the hitch, the much softer rear bumper and box would have absorbed much of the impact and your vehicle probably would not have suffered as much damage.

 

[stephenk]

Is the other driver insured? If yes, make a claim with his carrier.

Did you have collision coverage on your truck? If yes, make a claim with your own carrier. If the other party is insured and liability is not an issue, some carriers will waive the deductible owed by their insured.

If the other party is not insured and you are not insured (or have collision coverage), you can sue the other driver in small claims court up to $7500 for the property damage.

Finally, you cannot make up your property damage claim through your injury claim. They are separate issues.