3 Car Vehicle Accident

[ellekayw]

What is the name of your state? Florida

An Odyssey ran the red light heading east on the road. I was leaving my neighborhood to take a left onto the main road. A huge cargo van was in the neighborhood across from me was making a left to head west.. We waited a few seconds to make sure neither of us was going straight and then made our turns. A kid ran through the red light (that had turned red at least 5 second well before he was anywhere near the light. He hit the cargo van and it was spun around and hit me twice.
Cops came cited the guy who ran the red and he's been charged.

No one hurt but the other 2 ans are considered totaled. I am not sure about mine. 2012 Honda Pilot and now with car values crazy and repair costs crazy - what would I hope for? Is it better to call it totaled and then I have to find a way overpriced new to me car (and have to get a loan since my car is paid for?). Or let them repair my 2012 Homda Pilot? At what point do they decide total or not? And is the total money amount reflective of the insanely high used car costs happening now? I don't want a brand new car and take out loans so if I get money then should I Just buy another 2012 Honda Pilot?

Since no airbags deployed it's up to the adjuster to make that call. I just am not sure what would be best in this case? (mostly financially bc I know I'd end up having to take out a loan for a better car.

Also - would I get a car rental while the car is in the shop if they choose to repair. I mean repairing will hurt the trade in value but its'a 10 tear old car so that's not a major issue.
Any thoughts?

 

[FlyingRon]

They aren't going to pay out more than the FMV of your car whether it is to total it or to repair it. You may be given some option if the numbers are close. What you do is hardly a legal question.

Persuing diminished value on a 10 year old car may not be worth the effort. Rental cars are not usually extended unless your own policy provides it.

 

[ellekayw]

right but now "FMV" is so out of control crazy high on all used cars- so would they give that or what the value was before these major price hikes. (and the other used car prices to buy are inflated, too).
So a car rental for a reasonable amount of time should be offered, right? If I have to pay for one after a reasonable amount of time I don't mind.

 

[adjusterjack]

Is it better to call it totaled

You won't have that choice. The insurance company will determine the repair cost and the Actual Cash Value.

At what point do they decide total or not?

Florida total loss threshold (by statute): if the repair cost is at least 80% of the ACV the car is a total loss.

And is the total money amount reflective of the insanely high used car costs happening now?

Probably not. The reality is that insurance companies will always pay you less than you think your car is worth. The other problem is that 3 vehicles were damaged. The at-fault driver's property damage liability will have to be pro-rated between the 3 vehicles if the limit isn't enough to cover all three. Depending on the limit you might end up taking a bath on this claim.

Do you have collision coverage?

I don't want a brand new car and take out loans so if I get money then should I Just buy another 2012 Honda Pilot?

That's up to you.

ould I get a car rental while the car is in the shop if they choose to repair.

Yes.

I mean repairing will hurt the trade in value but it's a 10 year old car so that's not a major issue. (Fixed it for you.)

That's right. It's not.

Rental cars are not usually extended unless your own policy provides it.

Not true. Under negligence law the victim is entitled to be compensated by the at-fault driver for a temporary substitute vehicle or loss of use, as well as any other out-of-pocket costs made necessary by the accident

.

 

[ellekayw]

thank you. Yes I have collision coverage (a high deductible though). My insurance company called me and did explain about the 3 way split. Said not to accept anything from them if they don't have the coverage for my full repair and to call my company back. What a PITA! Thanks for the responses.

 

[adjusterjack]

Yes I have collision coverage (a high deductible though).

How high?

You might want to consider using your collision coverage now, and front the deductible. Whatever your insurance company gets in subrogation should first go to refund your deductible to you. You can confirm that with your own claim rep.

A complicated claim with three damaged vehicles could take months for the at-fault driver's adjuster to figure out who to pay and how much. Once cars go into the shop based on a preliminary damage cost evaluation there is always a chance of a supplement due to uncovering additional damage during tear down.

If your car is drivable, I suggest you take it to a couple of body shops and get estimates so you know where you stand.

See if the other driver's adjuster will tell you what the property damage liability limit is.

 

[ellekayw]

I'll talk to their adjuster on Monday and know more about their limits and ask her about property damage liabiliites. My deductible actually isn't all that high ($1k) so if this drags on I might have no choice but to file with my insurance company and have them get my costs back. The only thing I'd have to pay is car rental if I do that bc I don't have it on my policy. Cops on the scene estimated the 2 other cars totaled and mine reparable. But I can't drive it because part are up against the tire and muffler is out of place. Thank you for all the information! I do have towing on my policy so depending on Monday I might have it towed (I have 2 places the car dealership recommended to me).

 

[Zigner]

I disagree that a car rental won't be covered by the other party while your car is actually in the shop, however, the 3-way proration may make it difficult or impossible to recover that from the other party.

 

[zddoodah]

I am not sure about mine. 2012 Honda Pilot and now with car values crazy and repair costs crazy - what would I hope for?

Not sure what this question is supposed to mean. If you're wondering how much your car is worth, you can get an estimate from Kelly Blue Book's website.

Or let them repair my 2012 Homda Pilot?

"Them"? Meaning the at-fault driver's auto insurer? If so, the insurer will pay to have your car repaired unless the cost of repair exceeds the car's fair market value, in which case it will be totaled.

And is the total money amount reflective of the insanely high used car costs happening now?

If your car is totaled, you'll receive fair market value.

I don't want a brand new car and take out loans so if I get money then should I Just buy another 2012 Honda Pilot?

This question doesn't appear to raise any legal issue.

would I get a car rental while the car is in the shop if they choose to repair.

Yes, you'll be entitled to a rental car.

The other problem is that 3 vehicles were damaged. The at-fault driver's property damage liability will have to be pro-rated between the 3 vehicles if the limit isn't enough to cover all three.

Two vehicles. One of the three vehicles belonged to the at-fault driver, so that person's liability coverage won't apply to his/her own vehicle.

 

[adjusterjack]

Two vehicles. One of the three vehicles belonged to the at-fault driver,

Right. Missed that.

 

[Zigner]

Two vehicles. One of the three vehicles belonged to the at-fault driver, so that person's liability coverage won't apply to his/her own vehicle.

Good catch.

 

[quincy]

It could be important to note that Florida is a comparative fault state and damages recovered by the vehicle owners will be apportioned according to degrees of fault.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

Although the accident as described seems clearly the fault of the fellow who ran the red light, and the police report indicates that as well, there can be other factors that potentially could play a role in determining fault. Unlikely in this case but the young fellow’s insurer will likely investigate the cause before settling.

 

[ellekayw]

Thanks again. Good to know it's 2 cars and not 3 included. I didn't realize. I finally got a rental car 8 days after the accident. Their claims person finally called me back 7 days after and their auto adjuster came out yesterday. (mine came out the day after the accident). My car isn't drive-able but fixable, although the more he looked the more issues he found. I got a check for the estimated amount but had it made out to myself and the auto shop because I didn't want it just made out to me as some settlement.
So finally things seem to be moving along.

 

[CorollaRandy]

...so would they give that or what the value was before these major price hikes.

Incorrect. I was just in an accident end of July 2021, purchased a 2016 Corolla S Premium for $17K in Feb 2020, and it was considered a total loss in August of 2021. I Was given almost $21K for it (as the CURRENT cost of the vehicle is more now), minus my $250 deductible, while only owed $13K on it still.

All values are of the date the vehicle had the accident, regardless of what's going on, as that is the cost today to replace the vehicle if you were able to purchase the same vehicle with similar miles/specs/features.

 

[Zigner]

Incorrect.

I agree with your post, except to point out that ellekayw was asking a question, not making a statement