My car was hit by a semi truck while I was pumping gas

Kmoran81 · #1 06-28-2009, 02:58 PM

What is the name of your state (only U.S. law)? NY
My insurance Company: Geico
Gas trucks Insurance Company: Illinois National (AIG)

Hello all,
3 days ago I was pumping gas at a Mobil Gas station. As I was pumping my gas a Semi Truck (18 wheeler, Gas tanker truck) was pulling into the gas station and did not take the corner wide enough and the back end of the tanker struck the front end of my car rolling over the front bumper and dragging the car roughly 6 feet. It ripped the pump out of my vehicle and caused a good amount of damage.
My car is a 2002 Mustang GT with a lot of modifications done to it including a very expensive custom paint job, and suspension. The entire accident was caught on the gas stations security camera, which I have a copy of the tape and there were also 4 witnesses. I was standing next to the car while it happened and was not injured at all.
My question is, does their insurance company have to pay to return my car to the way it was before the accident by replacing all of my aftermaket parts and for my custom paint job? Or do they just have to pay to return my car to the factory condition? Also I am now without a vehicle. I do not have rental coverage on my policy but will their insurance company ahave to pay for me to have a rental?
Their Insurance company has not been very helpful to me at all. They are dragging their feet getting an adjutster out to the body shop. Can I sue them in my local small claims court to recover my damages?
Any information you folks could help me with would be great. Thanks in advance

ecmst12 · #2 06-28-2009, 05:53 PM

Taking the driver to court will take MORE time then waiting for their adjuster, not less.

They need to return your vehicle to the condition it was in prior to the accident, but if you are claiming modifications, you'd better have the receipts and documentation to back it up.

And yes, they should put you in a rental. Have you asked?

mmmagique · #3 06-28-2009, 08:00 PM

Honestly, were I you, I would at least speak with a couple of injury/accident attorneys. You don't have to hire them, but they can give you some good advice either way.

I'm sooo glad you're ok!

And I'm soooo sad about your car. I bet it was hawt!

~Christina

ecmst12 · #4 06-28-2009, 10:04 PM

An attorney won't want anything to do with this case, there are no injuries. Property damage only means you have to pay the lawyer out of your pocket, less money for your repairs.

Kmoran81 · #5 06-29-2009, 12:01 AM

I dont have receipts for the paint job (which was $5k) but the accident happened next door to the custom shop that painted it, and the shop manager is happy to go to court for me if need be to vouch that he painted the car. Its pretty obvious because Mustangs didnt come in a Copper Pearl paint job and have Shelby GT500 wheels from the factory. I do however have all the reciepts for the suspension work. The car has also came in the top 5 at multiple shows this year and I do have the documentation for those, so they cant argue that the car was in anything less than MINT FLAWLESS condition.
When I called the other drivers insurance company to ask for a rental they told me that my claim hadnt been assigned to an adjuster yet and that would be up to the adjuster to make that decision. How long does that normally take? The accident was last Wednesday. It just seems like theyre giving me the run around. I managed to borrow my mothers car to get to work on Friday but thats only because she was on vacation last week. I have to call in sick tomorrow because I have no way of getting there, and I only have 3 sick days a year. So basically if I dont have a car by Wednesday im screwed. How do I go about getting them to stop dragging their feet?

ecmst12 Thanks for the info I appreciate it

mmmagique, Thank you for the reply but I have to agree with ecmst12, no attorney is going to be willing to take this case because its not a huge money maker. I just want to have my car fixed and back to normal.

Zigner · #6 06-29-2009, 12:02 AM

Quote:

Originally Posted by Kmoran81

I dont have receipts for the paint job (which was $5k) but the accident happened next door to the custom shop that painted it, and the shop manager is happy to go to court for me if need be to vouch that he painted the car. Its pretty obvious because Mustangs didnt come in a Copper Pearl paint job and have Shelby GT500 wheels from the factory. I do however have all the reciepts for the suspension work. The car has also came in the top 5 at multiple shows this year and I do have the documentation for those, so they cant argue that the car was in anything less than MINT FLAWLESS condition.
When I called the other drivers insurance company to ask for a rental they told me that my claim hadnt been assigned to an adjuster yet and that would be up to the adjuster to make that decision. How long does that normally take? The accident was last Wednesday. It just seems like theyre giving me the run around. I managed to borrow my mothers car to get to work on Friday but thats only because she was on vacation last week. I have to call in sick tomorrow because I have no way of getting there, and I only have 3 sick days a year. So basically if I dont have a car by Wednesday im screwed. How do I go about getting them to stop dragging their feet?

ecmst12 Thanks for the info I appreciate it

mmmagique, Thank you for the reply but I have to agree with ecmst12, no attorney is going to be willing to take this case because its not a huge money maker. I just want to have my car fixed and back to normal.

They've had 2 business days...

Rent a car (cheaply) and request reimbursement.

ecmst12 · #7 06-29-2009, 07:22 AM

Have the shop WRITE you a receipt (or just print you a copy) for the paint job so you can send it to the insurance company.

JayS · #8 06-29-2009, 07:34 PM

Quote:

Originally Posted by ecmst12

Have the shop WRITE you a receipt (or just print you a copy) for the paint job so you can send it to the insurance company.

No, thats to easy.

ecmst12 · #9 06-29-2009, 07:43 PM

Sometimes, things are easy.

Kmoran81 · #10 07-05-2009, 05:12 PM

Update:

The insurance company wants to put a used bumper from a junkyard and aftermarket headlights on my car. Can they do this?

The first estimate came back at $1100 because the appraiser they sent out never looked at the broken suspension, or opened the hood to look at the strut tower. When I called them to ask why, they said that once the body shop takes the car apart they will have to request a supplement and get more money. I know for a fact that once they get into it theyre going to end up totalling it. So what happens then? I just lose out on the moneyu they already gave to the body shop? Something is fishy here.

Also, I went directly to the company of the truck that hit me to speak to them. They said they will have their VP call me Monday. What do you think the chances are of settling out of court directly with them?

ecmst12 · #11 07-05-2009, 05:24 PM

Yes, it is acceptable to use aftermarket and recycled parts on a 7 year old car. You are only entitled to new OEM parts if your car is CURRENT MODEL YEAR. And it is normal procedure for the initial estimate to be for the visible damage only. The correct next step if they think the car will prove to be a total loss after teardown, would be to instruct the shop to do the teardown and write the supplement BEFORE ordering any parts or actually doing any repairs. They pay the shop for the couple hours labor for the teardown, and then they settle with you for the value of your vehicle.

You have no need to speak with the owner of the truck. That is why they have insurance. Deal with the insurance company.