Auto Accident

[45Frank]

What is the name of your state (only U.S. law)? NC person who caused accident from Fla.
Driving home from a visit to a friends last week I had to make a left turn which went well, about 150' up the road someone turns right into a driveway then does a Starsky and Hutch move and comes out the driveway uncontrolled and t-bones me on the passenger side and wipes out the entire right side of my suv. and the entire front of his car is on the ground. My suv is 20 years old but very low miles 90,000.0 ($5,000.00 worth and totaled) and garage kept. I called my ins. agent within a hour after this and was told I don't have collision on that vehicle and it wasn't my fault so he can't advise me or tell me what to do other then call his insurance co.
The man admitted in front of 12 folks he wanted to make a u-turn and just never seen me. This is what the P.R. also says and he was issued a ticket.
I called his ins co and was asked 15 minutes worth of questions and was told if I need a rental I had to wait for the police report, OK so the next day I check on-line and get it so I call back and was told that there is a discrepancy in the story their insured told them and my story. I asked if they looked at the police report and the person said yes. I said well his statement says he was making a u-turn and didn't see me, the way the cars were shows my story correct as well as he received a summons. He stated I was traveling at such a high rate of speed he couldn't avoid but hit me. He never told the officer this or mentioned it while at the scene. This happened 150 from an intersection and if I floored my car it wouldn't have gone above the speed limit. They said they must deny liability and go with their insureds story. They said it could be appealed but have heard nothing back yet.
I was treated at the scene for shortness of breath from the seat belt? Also was hit in the head with my passengers side mirror. The next day I went to the ER because I didn't sleep at all from being so sore. I have a pacemaker and the seat belt sits right on top and the pain is horrible as well as I have a massive headache. Although I have had lower back pain my entire life I have never had upper back pain, between the shoulder blades is like being stabbed with a knife.
What do I do? My ins. co. says they can't do a thing and his says they aren't liable even though he admitted not seeing me and being ticketed.

 

[Zigner]

You can sue the bad guy for your damages. You may wish to consult with a local personal injury attorney. I would recommend interviewing a few...maybe ask friends and neighbors for recommendations.

 

[ecmst12]

I would suggest you see a doctor about your pain first, then worry about a lawyer...

 

[not2cleverRed]

Appeal

You were in the road. The other person was emerging from a driveway. You had the right of way.

His not seeing you is not an excuse. He was not executing a proper U turn; he departed from the road. Probably also was not using direction signals either. The onus is on HIM to make sure when entering the road to make sure the way is clear.

If it's like my experience with a certain insurance company (*cough* *cough* Allstate) they will try to put the blame on you - you should have taken evasive measures, for example, to avoid this yahoo.

Hang tough. There are certain companies that try to weasel their way out of paying out in cases like this, and this seems like one of them.

See a dr for a FULL medical eval. to determine what, if any, of the pain is related to this accident.

 

[45Frank]

Went to dr because my pacemaker/def is killing me a week later. They are still as we speak looking into my appeal of THEIR decision of not being LIABLE for their insureds actions. I was told this could take up to two weeks to review. If you look at the PR a two year old could see who is at fault as well as his own statement to the State Trooper on the report which is why he received the summons. I am left with no choice but to go to an attorney, storage is $30.00 per day, towing, and now medical bills.
My disappointment is also with my ins co who says they are out of it because it's not my fault. I thought they would represent me in some way.

You were in the road. The other person was emerging from a driveway. You had the right of way.

His not seeing you is not an excuse. He was not executing a proper U turn; he departed from the road. Probably also was not using direction signals either. The onus is on HIM to make sure when entering the road to make sure the way is clear.

If it's like my experience with a certain insurance company (*cough* *cough* Allstate) they will try to put the blame on you - you should have taken evasive measures, for example, to avoid this yahoo.

Hang tough. There are certain companies that try to weasel their way out of paying out in cases like this, and this seems like one of them.

See a dr for a FULL medical eval. to determine what, if any, of the pain is related to this accident.

 

[Zigner]

My disappointment is also with my ins co who says they are out of it because it's not my fault. I thought they would represent me in some way.

You have no reason to be disappointed with your insurance company. The insurance company is doing exactly what they are paid to do. You may have a reason to be disappointed with the agent, perhaps, but not the company. Your agent should have explained what you were covered for when you bought the insurance.

 

[45Frank]

You have no reason to be disappointed with your insurance company. The insurance company is doing exactly what they are paid to do. You may have a reason to be disappointed with the agent, perhaps, but not the company. Your agent should have explained what you were covered for when you bought the insurance.

Totally on me.
I just assumed that they would represent me or at least direct me.
The other co has contacted me saying the original decision was over turned and it was their clients fault, no kidding.
Now they want me to sign over my auto without them even giving me an offer price. Already out a weeks rental, she said they will not reimburse me because I got the rental on my own even though they wouldn't approve one because they made a wrong decision. I told her I need a four wheel drive to get to my property because I live on the side of a mountain and she said one was waiting for me so I brought the one I rented back, when I got to the place she told me to they said after waiting for an hour that they had no four wheel drives at the time. REALLY.
I was told by the tow truck driver when he saw the company not to release my vehicle to them. He said he seen it happen a hundred times and folks have called the law on HIM accusing him of stealing their vehicle, the ins. co. will take the car and send it a thousand miles away then will low ball me saying the car was a piece of junk then after a few days the ins. co. will attempt to charge me storage or tell me I have to go get it if I turn their offer down.
WHY CAN'T THEY JUST BE HONEST????????????????????? They are MAKING me hire this attorney which will cost not only money but have this tied up for years!!!!

 

[ecmst12]

They would not be asking you to sign over the car except as part of your total loss settlement.

 

[justalayman]

there is no reason to sign over your car until the numbers are settled. If they say anything, tell them when you get a check they will get the title.

 

[45Frank]

Well they took the auto from the impound yard after I specifically told them not release it. I even told the adjuster not to take it until I at least got an offer. I even offered to pay to have it towed to my house and they refused unless I paid $350.00 for storage and $150.00 for the initial tow because the ins co said they wouldn't pay any of the bill if anyone took it but them. They said the ins co wouldn't pay no more storage so they let them have it.
I went to where they said it was towed and they told me it was only their a short time and was picked up by the ins co. once they put in it was totaled. No calls, no return calls nothing from them.
Waiting for my attorney to let me know the next step!

 

[ecmst12]

The insurance company has it somewhere that they're not being charged storage so that's good. But they don't own it. They needed to be able to inspect it for appraisal so they can make you an offer.

 

[45Frank]

Received a call from the ins. company late yesterday after dinner. They offered about half what I believe my auto to be worth. I used NADA and KBB as well as local dealer ads which were highest so I used personal ads and averaged them all out to be about $5,900.00. While we were talking she e-mailed me her est. After some research I found out their comps were from Ohio, Indians and Kentucky by some company I can't even locate on the internet all what I would considered rust belts. She said she didn't notice this and would investigate this and asked me to send her my comps. So I sent her about 18 pages and we'll see. Even her comps were of autos with nearly double the mileage of mine and is all they did was add $5-600.00 to the price for lower mileage.
A question for those who maybe have been thru this. She mentioned my car could be fixed for a ridiculously low price. I think it was around $2700.00. This isn't possible, the entire right side from front fender to rear fender is pushed in about a foot including the floor boards, the right front undercarriage is gone, tire, shock, part of the front wheel drive train. She said they may just get it fixed if they find the vehicle worth that much. But in NC that would mean a get a salvage title and I told her that wasn't acceptable. I told her as long as I get a full guarantee this vehicle would work and drive as it did I would agree but for the salvage title. Every option and switch worked in this vehicle. Not a dent and only a few light scratches. No rust not even on a bolt on the under carriage.
I want to have a local reputable repair shop give me an estimate but no one seems to want to tell me where the auto is and she says she don't know! It could be in one of a few yards. I have tons of pictures and may take them up the road this morning to see if I can get an estimate of an estimate.
Can she be bluffing about getting it fixed?
Also can she have it fixed by some guy with rattle cans and sort of make be take it with a salvage title.

 

[Zigner]

She said they may just get it fixed if they find the vehicle worth that much. But in NC that would mean a get a salvage title and I told her that wasn't acceptable. I told her as long as I get a full guarantee this vehicle would work and drive as it did I would agree but for the salvage title.

If the car is found to be worth $5,000 to $6,000 and it gets fully repaired for $2,700, then it won't have a salvage title.

 

[45Frank]

OK I was wrong about the repair price. The total repair work order was $3,760.00.
I also went to the auto body shop right here in town used by a neighbor who has 17 cars for his business. I took the pictures and he couldn't be exact without seeing the vehicle but just what he looked at he put into the computer, as far as the front end other then a few parts he also couldn't guess. But he was up to nearly $2500.00 just in parts. No labor, paint or shop materials so he doesn't see how it could be done. The est. was from a company with no name address or phone number. Only had ins co name, my name and a price. He also seems to think that the $5,000.00 figure is about right if the vehicle is in as good of condition as it looks for this area.
He also explained and if I got him right if the repairs are 75% of the value you get a salvage title and NC uses their own method of a car value and they have mine at about $1,300.00. So I figure adding another thousand for the rental on top of the 3700 puts them a 4700 so I am figuring they will offer me about that.
Who knows!

 

[45Frank]

This is getting so stupid it could be a soap opera.
I was on the phone for 4 hours with this women yesterday and on hold over an hour of that. She is clueless and whined to me for most of the call that she does personal injury and was given this because they are so shorthanded that their auto claims are more then a week behind. She did contact the folks who gave her the comps and their answer for them being so far away (500 miles +) was they couldn't find any cars like mine comp wise that were sold so they kept moving further away. REALLY!
I had to walk her stroke for stroke thru the NADA site as well as KBB. I also walker her thru craigslist and the local iwanna paper and the local website for dealers. I agreed the dealer prices were out of control as for the others we averaged a little over $6100.00. BUT. She contacted her supervisor and he wants an explanation as to why the comps from their co are so far off. I didn't even notice she pointed but one of their three was for a two wheel drive and that was the closest to mine in miles the others had more then 50,000 miles more then mine.
Now she said it will take 48 hours for a written response from the co they use for comps and her supervisor to approve the claim! This is going on more then two weeks and is getting old really really fast. I am putting off an attorney because I just want to be fair and don't want to wait forever to settle this. I did do a search of this ins co and this seems to be their norm. Oh well more waiting!