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Car likely totaled - now what?

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Shadowbunny

Queen of the Not-Rights
@adjusterjack

Jack, I have some questions that are directly in your wheelhouse. My 2015 Equinox is likely totaled after some knucklehead thought I had a stop sign and he darted out in front of me yesterday. I wasn't able to avoid him; my car's right front end is mostly caved in.

So here's the question -- how much negotiating room (if any) will we have when we get the settlement offer? The other driver is insured (through Kemper, which I've never heard of); we have Progressive. Do we just let Progressive do the negotiating, or do we duke it out with Kemper?

I've never had a car totaled, so really don't know what to expect. Any insight is much appreciated.
 


Taxing Matters

Overtaxed Member
You are entitled to get what the car was worth immediately before the crash less the salvage value if the insurance company totals it. You'd give up the car to the insurance company in that case. The issue then is what the car was actually worth, and as you likely know on used items there is a range of valuations since there is a range of prices people would pay for that car. See what comes out the negotiations between the two insurers. If it comes in around blue book before accounting for salvage value that's probably the best you'll get.

But make sure there is no personal injury first. You might have been injured and the symptoms haven't shown up yet. I'd not accept a settlement on this until at least 30 days after the accident to be sure of that.
 

Just Blue

Senior Member
@adjusterjack

Jack, I have some questions that are directly in your wheelhouse. My 2015 Equinox is likely totaled after some knucklehead thought I had a stop sign and he darted out in front of me yesterday. I wasn't able to avoid him; my car's right front end is mostly caved in.

So here's the question -- how much negotiating room (if any) will we have when we get the settlement offer? The other driver is insured (through Kemper, which I've never heard of); we have Progressive. Do we just let Progressive do the negotiating, or do we duke it out with Kemper?

I've never had a car totaled, so really don't know what to expect. Any insight is much appreciated.
Are you okay, Shaddow?
 

Just Blue

Senior Member
I'm very, very fortunate - bruised hands, jammed up thumb, and air-bag abrasions. Sore neck, but nothing broken. I'm just glad that everyone walked away (including the driver/passenger of a third car which got smashed into). Air bags and seatbelts really do save lives.
Poor Shadow, feel better Darling. Cold packs on the neck will help with the soreness. ...so won't 2 fingers of single malt. ;)
 

quincy

Senior Member
I'm very, very fortunate - bruised hands, jammed up thumb, and air-bag abrasions. Sore neck, but nothing broken. I'm just glad that everyone walked away (including the driver/passenger of a third car which got smashed into). Air bags and seatbelts really do save lives.
So happy that your seat belt and air bag helped protect you. I am glad to hear that all injuries seem to be minor. I agree with others that you should not rush any settlement as some injuries are not apparent at first.

Take care of yourself, Shadowbunny.
 

Taxing Matters

Overtaxed Member
I'm very, very fortunate - bruised hands, jammed up thumb, and air-bag abrasions. Sore neck, but nothing broken. I'm just glad that everyone walked away (including the driver/passenger of a third car which got smashed into). Air bags and seatbelts really do save lives.
Then as there were some injuries already apparent I suggest you make sure you get thorough medical examination and treatment for the known and any unknown injuries, and don't rush the settlement. Soft tissue injuries in particular take time before you really see the effect. You are entitled to compensation for all the medical bills you have from this, as well as compensation for any lost time from work and for pain and suffering, too. After 30 days or so, I suggest you see a personal injury lawyer. The consultation is free with almost all personal injury lawyers and it will give you a much better picture of where you stand and what kind of settlement would be appropriate for both the damage to the car and your personal injuries. There may be more here than you realize. The main firm I'm associated with does primarily personal injury, civil rights, and other tort litigation (though my part of those cases is limited to being the financial and tax expert) and we see this kind of stuff all the time. So don't rush it and don't take a settlement without first seeing at least one personal injury lawyer.
 

Brackwom

Member
Good statement by TM, Please follow the above steps along with taking care of your health as well which is the main priority.
 

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