Fresh Auto Accident 11/12/2010

What is the name of your state (only U.S. law)? Idaho

I was in an auto accident around 9 Friday morning, November 12, 2010. I almost had the car paid off, less than $500 to go. I have a number of questions.

1. (I believe the car is totaled but assuming the adjuster doesn't agree.) If the cost to fix damage exceeds the amount owed to the lienholder, which was $500, can we pay off the lienholder and keep the rest deciding whether to fix the car or buy something different?

2. I had full coverage on the vehicle of course but I don't feel like my insurance company is representing me very well. I'm doing all their legwork so far. Do you suggest I get a lawyer?

3. I don't work outside the home so I obviously won't get compensation for loss wages but what's a reasonable amount I can ask for on pain and suffering? I was taken by ambulance to a local ER because my neck and back hurt. No serious injuries but there is some neck and back strain. I was suggested to followup with a doctor in a couple of days, which I'm doing this afternoon (Monday, Nov. 15th). I was hit on the front driver's side, fender torn off and damage done to front part of engine but my right side is the side that's hurting. The pain has increased throughout the weekend but have not noticed any swelling. Is that odd?

I'm going to keep posting because this is obvious far from over. I might end up paying this car off as well before this gets settled.

A lawyer would be a waste of money for a property damage claim.

What happened in the accident? Whose fault was it?

I was stopped at red light heading westbound with two lanes on my road. I was in the right lane heading straight with a white SUV in the left lane also heading straight. Our light turned green and we proceeded through the intersection when a Ford Ranger heading northbound ran a red light and hit me. The white SUV, according to police report, saw the Ranger but could not stop end time. The SUV hit the Ford Ranger in the tail end while the Ranger hit me in the front driver's side. I was driving a 2003 Ford Focus. The driver in the Ford Ranger was at fault and cited.

I have been dealing with his insurance company, Allstate. They finally inspected my car today and gave me a quote of $2932 + $175.92 sales tax + $17.50 DMV fees for a total of $3125.42. Kelly Blue Book is $4295 and NADA is $3650. I want between $3500 to $4000 plus the tax and DMV fees. Do you think that's fair? Am I being unreasonable?

Allstate Inspector says he got that figure from Auto Source who sent him referrals of 5 different cars similar to mine that sold within the last 6 months. I think that's bogus but still my car had never been in the shop and was in perfect running condition at the time of the accident. I bought the car used in November of 2004 and never had a problem with it not even the battery. Never been smoked in or anything like that. A little messy because I have 2 little kids.

Yes, you are being unreasonable. The adjuster's value report will hold up in court. KBB and NADA will not.

Grnida!

Disregard ecmst12's responses!

And make note of the fact that this individual possesses no legal credentials WHATSOEVER. Meaning that she has never attended a law school, has never received a Doctorate Degree in law or been licensed by any state in the Union to practice law.

So consider her responses in this Q&A legal forum accordingly!

And particularly do not be misled to believe her statement that suggests that Allstate’s claims adjuster’s estimate is conclusive proof of the value of the vehicle immediately prior to the accident.

I don’t know what sort of lawsuit ecmst has in mind in telling you that the adjuster’s appraisal “will hold up court” to the exclusion of competent evidence of your financial loss. I assume we are left to guess. But I can tell you this –

That agent’s report would not be admitted for any purpose in any court proceeding. It is hearsay! And would NOT fall within any of the various exceptions to the hearsay exclusionary rule.
__________________

FURTHERMORE, her statement that the NADA pricing guide is not competent evidence of market value is nothing but unalloyed hog wash!

In example of how preposterous and misleading is ecmst’s response I have quoted below an extract from a North Carolina Court of Appeals decision in the case of State of North Carolina vs. Dallas - Case No. COA09-644 dated July 6, 2010.

In this case the market value of 3 vehicles allegedly stolen by the defendant Dallas became critical with respect to whether the separately charged crimes were felonies or misdemeanors under North Carolina penal law.

In the trial court a used car dealer testified as to the value of each vehicle "BASING HIS TESTIMONY ON THE NADA PRICING GUIDE AND THE KELLEY BLUE BOOK."

The defendant was convicted on all 3 counts; two for felony larceny and one for a misdemeanor larceny.

Defendant appealed arguing that the trial court erred in admitting the used car salesman’s testimony claiming that the NADDA pricing guide and the Kelley Blue Book were hearsay and inadmissible as evidence of the market value of the vehicles.

The appeals court disagreed and held that those publications were both competent evidence of vehilce market value and were each admissible evidence, stating:

“ . . . the issue is whether their (the jurors) reliance on the values set out in the Kelley Blue Book and the NADA pricing guide amounted to inadmissible hearsay. Rule 803(17) of the Rules of Evidence provides that ‘market quotations, tabulations, lists, directories, or other published compilations, generally used and relied upon by the public or by persons in particular occupations" are not excluded by the hearsay rule.

We hold that both the Kelley Blue Book and the NADA pricing guide fall within the Rule 803(17) hearsay exception". (Citing In re McLean Trucking Co., 281 N.C. 375, 388, 189 S.E.2d 194)

latigo said:

unalloyed hog wash!

Click to expand...

What an unusual term. I like it.


anyway, the problem is: even though apparently latigo has given proof that NADA and KBB are acceptable for valuing a vehicle, it might come down to what is it worth to you to fight for a couple of dollars. I would definitely attempt to negotiate a higher figure. If they will not meet your demand, your recourse would be to sue.

Personally, I would find a complete publication of the opinion latigo provided and print it off and keep it with you for reference. Use that as support for your claim that you deserve more than they are offering.


So, are you being unreasonable? no

are you being unrealistic? maybe, maybe not.

Car values for the same cars w/same options can very by 2k or more depending on condition and milage. Only 15% of used cars are considered in excellent shape when sold**************.i think i read that on kbb site.

I saw another site that suggested I call and consult an attorney for his opinion. I really don't want to hire an attorney and lose more money but I do want the best value for my vehicle. My husband and I both think $4000 is not unreasonable when I have 5 different quotes that are higher than what the adjuster offered.

NADA = $3650
KBB = $4295
CARQUOTES = $3850
VEHIX = $3650
AUTOMOTIVE.COM = $4000

I even called dealers in my area that stated they would sell my vehicle for the blue book price. The last accident I had back in 1999 the adjuster went with the blue book value without hesitation. I found one 2003 Ford Focus exactly identical to mine for sale locally with 89K miles on it for $6800. I asked what he'd sell it for with 140K miles on it and he said $5500. Now even I think that's a bit high but it just makes me believe $4000 isn't that much too ask for on my car.

Grnida said:

. . I really don't want to hire an attorney . . .

Click to expand...

Lawyers are somewhat like dentists and proctologists in that respect. Nobody really "wants" to hire them!

Grnida said:

I
I have been dealing with his insurance company, Allstate. They finally inspected my car today and gave me a quote of $2932 + $175.92 sales tax + $17.50 DMV fees for a total of $3125.42. Kelly Blue Book is $4295 and NADA is $3650. I want between $3500 to $4000 plus the tax and DMV fees. Do you think that's fair? Am I being unreasonable?

Click to expand...

$17.50 DMV fee??? since when is there a fee to the DMV for an accident?

disneykid52 said:

$17.50 DMV fee??? since when is there a fee to the DMV for an accident?

Click to expand...

Disney, why don't you get back on the Peter Pan ride and leave the business to the people who get it.

latigo, you cited NC law when the poster is in Idaho? Did you misread?

I got a call today from Allstate's claim processor who is going to deal with the numbers side of things. She stated that the inspector I spoke to told her that I was unhappy with the offer he presented to me yesterday of $3125.42. She's going to "research" it some more and get back to me. Should I call and state my concerns to her or wait for her to call me back with another offer?

Antigone*of*Greece said:

Disney, why don't you get back on the Peter Pan ride and leave the business to the people who get it.

Click to expand...

i must correct you. its EE. im the official documented record holder on it.(over 5000 times) and if you dont know what EE stands for then you're not a disneyist

BOR said:

latigo, you cited NC law when the poster is in Idaho? Did you misread?

Click to expand...

Dear BOR:

It wasn’t my intention at the time to cite evidentiary rules out of the Gem State. I was looking for a specific case where such publications as NADA and Kelley were admitted as competent evidence of vehicle market value and had a decisive impact on the decision.

And the reason I didn’t make a reference to Idaho is because I did not immediately find an Idaho case factually analogous to the North Carolina decision.

However, Section 803(17) of the North Carolina Rules of Evidence is rather ubiquitous (which I would assume that you might know) and is perfectly comparable to that of Idaho, which you will observe below.

“Idaho Rules of Evidence

Rule 803. Hearsay exceptions; availability of declarant immaterial. The following are not excluded by the hearsay rule, even though the declarant is available as a witness.

(17) Market reports, commercial publications. Market quotations, tabulations, lists, directories, or other published compilations, generally used and relied upon by the public or by persons in particular occupations.”