Rear end accident

[Maxthedog]

What is the name of your state?What is the name of your state? Missouri
My wife and daughter were in an rear end collision. My wife was sitting still at a red light and the driver of the other car rearended them doing about 40-45 mph. They are OK so far. My 2 month old mini van is totalled. I am curious about what to expect from the insurance companies for my van (2500 miles on it), rental car and medical bills. I will also miss work to care for them over the next 2-3 days that I am scheduled to work. I was not in the wreck. I should also add that my wife and 19 mo. old daughter were checked out at the hospital and my wife is 8.5 months pregnant which is why I we were told to keep an eye on my wife and why I am not working. I just want my bills paid, work pay reimbursed, and new van replaced. Can someone give some guidance?

 

[zero187g]

be careful

good thing you saw the doctor. The insurance should probably cover the cost of the doctor's visits as well. If your wife or kid have any pain, take them to the doctor right away, and save all the receipts. A similar incident happened to my dad a few months ago. Make sure you keep records of everything. Now here comes the car. If your van is fixable, they should pay for the cost of the repairs plus the cost of a rental car while you don't have the van. Make sure you ask for the rental, or they'll try to stiff you. If your car was totaled, I believe they will either pay you for the value of your car (like the blue book value) or they'll just replace it. Hope that they just replace it, because you're likely to lose money if they pay you for the car. And if you're ever worried about being screwed over by the insurance company, don't hesitate to get a lawyer. Good luck, i'm in the same boat.

 

[jpritchett81]

Start looking into P.I attorneys in your area. He/She will be a huge help to your family for medical expenses.

If the car was totaled (cost of repairs is more than what the vehicle is worth) the insurance company will ONLY give you fair market value for the vehicle. Usually done by comparing with like vehicles, kelly blue book, NADA, edmunds etc. They will not replace your car.

Did you by any chance have gap (guaranteed auto protection) insurance?

This is how gap insurance works. Say you paid 30k for your van. The insurance company will only cut a check for 28k for the value of the van (depreciation). You will still owe 2k to the finance company for a car you now no longer have...which totally sucks!!! This is where the gap comes in --gap insurance will cover you for the 2k difference...this way you don't have to pay 2k out of your own pocket.

You can see what your car is worth on www.kbb.com , www.nada.com , and www.edmunds.com. This way you'll know what to expect.

I hope this helps

 

[Who's Liable?]

DO NOT ACCEPT ANY OFFER until AFTER your child is born. This close to birth, something very traumatic could have happened to your unborn child. I would contact a lawyer yesterday and make sure everything is okay with your unborn. If you sign a settlement with the other persons insurance, the claim in therefore settled, and you can't go after them if your child is born with a birth defect that was caused by the accident...

Go do an intial consultation with several lawyers before you pick one out. Remember, if your wife was treated and released, the doctors may have missed something and your child may be born with several defects caused by the accident. I don't mean to alarm you or scare you, just to tell you that there is a possibility.

 

[Maxthedog]

worries

Thanks for the comments. I do not have gap insurance. It is a $32K van that I owe $11K on. Do I have to sue to get the full replacement? It is a new van (like I said, only 2500 miles, 2 months old). My ins company says I have rental car coverage at $25 per day. I cannot get a van for that. Do I get a van anyway and sue for the rest? It totally sounds like I need a lawyer just to try to break even. I just want things the way they were before the accident. I thought that was why I paid insurance?

 

[jpritchett81]

Thanks for the comments. I do not have gap insurance. It is a $32K van that I owe $11K on. Do I have to sue to get the full replacement? It is a new van (like I said, only 2500 miles, 2 months old). My ins company says I have rental car coverage at $25 per day. I cannot get a van for that. Do I get a van anyway and sue for the rest? It totally sounds like I need a lawyer just to try to break even. I just want things the way they were before the accident. I thought that was why I paid insurance?

As far as the rental goes....it doesn't hurt to ask if they can upgrade to a van. Normally they will give the a bare minimum (compact car). Otherwise you would have to pay the difference out of pocket.

Are you positive you don't have gap? You can get it at the dealership or thru your auto insurance. To be on the safe side check your finance papers and double check with your insurance policy.

Seeing is how your van is only 2 months old it probably didn't depreciate by that much.


I thought that was why I paid insurance? You're not going thru your insurance are you?

 

[Maxthedog]

Insurance

I have talked to my insurance. The police told me that the other driver is at fault and to call my insurance and give them his insurance info and the police report number. I did that. My insurance agent's secretary keeps talking about my insurance policy and that's what is bothering me. I told her I don't want my insurance to pay anything. She told me that my claims people will call me.

 

[jpritchett81]

I have talked to my insurance. The police told me that the other driver is at fault and to call my insurance and give them his insurance info and the police report number. I did that. My insurance agent's secretary keeps talking about my insurance policy and that's what is bothering me. I told her I don't want my insurance to pay anything. She told me that my claims people will call me.

That's normal procedure to inform your insurance company of an accident ASAP even if you're not at fault just in case because---at fault party may not have insurance or is underinsured--in which case you would have to file on your uninsured motorist.

What is your insurance agent telling you that has you uncomfortable??

 

[tabathadolley]

"Did you by any chance have gap (guaranteed auto protection) insurance? "

You only owe 11k on it? Wow, that's good news for you. I previously worked for a car dealership, and it's very rare that you owe so little on a new vehicle. As far as gap, I imagine you don't have it since you must have either put a large sum of money down, or had a decent trade. But, either way the gap insurance is null here. If the vehicle is a 32,000 dollar vehicle and you owe 11k, you wouldn't get use of the gap. you wont receive 32k for it, but I imagine it will be more than 11k.

 

[Maxthedog]

what now

What is your insurance agent telling you that has you uncomfortable??

I don't feel that I should pay for anything within reason. I know it was an accident but I simply want my family well (my wife is still in pain, my daughter seems fine and my unborn child hopefully is fine), I want a new van with no cost to me, all my bills paid, and my three days worth of pay reimbursed to care for my wife and child. I feel like the insurance company knows this but has told me that they will pay according to what I am covered for and anything more I will have to get from the other guy's insurance company. I am also worried about accepting payments from the ins. co. which unknowingly releases them from responsibility of injuries or other expenses.

I did put a lot of money down on this vehicle as I try not to carry debt. I shouldn't have to increase my debt load because of someone else's carelessness. At this point I think I will have to get a 2005 van as they dont make my 2004 model anymore. With that I will expect to pay slightly more for the van, pay taxes on the difference, and anything else that will be associated with that. I would like for his ins. co. to pay the difference of at least a majority of those costs.

 

[Maxthedog]

blue book

What values do the insurance companies use to calculate bluebook? Private party, retail, or trade in?