Bye Bye Taco.. Possibly Totaled?

Bingo

 

I never said i knew the speed, i said for example you are traveling 40 in a 25 meaning YOU know not anyone else. Witness's will say in a minute " he was flying!". But there are ways to determine speed after an accident, i'm not going to get into it because its a boring math equation.

The court does not determine guilt in a traffic accident unless its a civil case, they determine if there is proof beyond a reasonable doubt that the violation we charged occurred.

I know exactly what the courts will say.

You're arguing with someone that does this for a living. I talk to attorneys and ins. co's all the time (they harass the shit out of me, so if the report is the word why do they call...i'll tell you why, because they have more questions to try and slide out of paying), i know how it goes down. Just because something worked out in your particular accident does not set a precedent for every accident.

 

Like every insurance company tells every customer:

Following a loss:

• Stay at the scene in a safe place to gather information
• Exchange information (see "Information to gather following a loss" below)
• Contact Insurance Company.
• Contact the police, or dial 911 if needed.
• Do not: advise your coverage limits or admit fault

IMO his insurance company is not doing their job. He needs a better company. He should not have to wait nearly two weeks for a rental in an accident that clearly was due to someone failing to yield the right of way.

Would you be pleased waiting or having to foot the rental bill? I'll bet not.

 

Some old guy with a trailer almost did this to me today... piece of sh*t almost got people hurt in rush hour.

 

Thanks for all the info guys:

I spoke to the investigating officer today and he said he would be done with the report and will become available by the end of today/ tomorrow morning.

Hopefully now that it will be available this will speed things up.


I will let you guys know as soon as i get an update...

 

willing to part out the front seats if it totaled? Glad you ok man I got hit by a dumb drunk driver on President day sucked ass.

 

How's it feel to be totally WRONG.
I used to be a claims service rep for a major insurance company
I think I have a clue on how it works, unlike you!

 

That is your opinion.

Just because you were once employed as a claim service rep doesn't mean you were actually good at it.

Why aren't you still doing it?

From the Ops Original post:

She should not have even been driving.

If they tried to hold me to any responsibility for that accident I would hire a lawyer. The same goes for waiting two to three weeks for any determination.

http://accident-law.freeadvice.com/accident-law/auto/car-accident-claim-fault.htm

It depends largely on what state you live in.

http://www.esurance.com/claims-info/accident-info/determining-accident-fault

The OP is in California, which falls under:

Pure Comparative Fault

In states that have adopted pure comparative fault as a measure of damages, if an injured person is partially at fault for causing his own injuries, his damages are reduced by the percentage of his fault. For example, say Michelle was injured in a car accident for which she was 80% at fault. Damages for her injury amount to $10,000. Michelle will be entitled to recover $2,000 for her injuries, that is, $10,000 less 80% or $8,000 for her percentage of fault.

States: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota and Washington.

Anyone with one eye and half good sense can see ( from what we know ) that the OP is in no way responsible for this accident.

I'm done. Not my problem if you think the insurance companies exclusively decide fault and you have no say, go ahead and let the insurance company screw you. I won't.


​

 

Wow Jimmyh

no one has stated the op was responsible.

We have just explained how the system works, to which you have declaired us all wrong.

And when we called you out on it, you still tried to prove your correct.

P.S. - I left the insurance company for a better paying job, they were sad to see me go since I was so good at it.

 

Well this has been an entertaining read

 

Sorry this happen to you and you have to deal with this , unfortunately our lifes are controlled by insurances and banks ,and negligents of others. I really am crossing my fingers everything goes your way .

 

Update:

My insurance went back to the body shop to look at the truck again. The total damages are at $12,000 now but they haven't factored in the cost of my aftermarket parts (bumper, grill, control arms) etc... This $12,000 estimate is straightening the frame, not replacing it or anything. I am going to speak to the adjustor, see if i can get her to total the truck when i bring up the fact that i don't want it back due to the frame damage and that if they fix it i will file a diminished value claim which i am thinking would be about $5-$6.5k and hopefully its enough to persuade them into a total loss.

I spoke to the officer who wrote the police report he said the lady that hit me was 100% at fault based on his investigation.

 

Thanks man

How will the diminished value claim work if its my insurance taking care of the claim? Is it possible to file against my own insurance?

 

Hopefully this all gets straightened out. Sorry to hear!

 

Yes. I did with farm bureau when a uhaul transporter truck hit my mustang and almost totalled it. My insurance cut me a check for the diminished value of 4500.00 after the repairs were done because it was on car fax. I had all of my aftermarket equipment included on my insurance though. From the wheels to the super charger. Btw sports car + super charger makes your insurance Co really really watch your driving record

 

straightening it? pssh good luck with that. but even so your truck will never be the same again. i would fight tooth and nails to total it

 

Straighten the frame! Not gonna happen without something else getting tweaked. Your lawyer should be handling this for you. Refuse to have the truck fixed! Never gonna be the same.

On a side note-the lady that caused this is screwed. In MA if you cause a accident with suspended license, oh well you shouldn't have been driving in the first place. Your insurance company is going to go after her once they cut you the big check.

TOTALED! Period!

 

I am doing the div claim right now and my insurance handled the repair. What I had to do was contact the other insurance company after they received the subrogated claim from USAA and they are handling my diminished value portion. It's ultimately the other insurance providers that are going to be paying out the claim whether it's to your insurance company or to yourself. FYI I'm in NC I don't know if that changes the policy's around, but usaa said that nationwide HAD to do that portion and nationwide agreed.

 

Well my adjuster does not seem to budge. I told her that i tow, and carry heavy loads on the bed and she did not seem to care at all.

Pretty frustrating. She said the customer does not have the option to total the car, only the insurance has that option.


Any other ideas?

 

So this is the frame damage, it's pretty minor

What do you guys think?