Rear Ended and Looking for Advice (2020 TRD Off-road)

taken from us too soon, condolences OP

 

This is some great information to go off of.

Gauging off of some of my unfortunate experiences, your truck does not look a total. However, if the frame is bent, then unfortunately it will be a total.
Stay positive and keep your fingers crossed that the damage is just simply what is in the picture you shared. ITs a damn shame though man, I'm sorry that your going through this, and I'd be drinking heavily already if I were you.

 

That doesn't really matter in the case as its the other insurance is going to pay for the repair or replacement value.

 

I didn’t receive a repair estimate. They told me they totaled it and paid me out. Just checked the old claim number too. No documents, just payout amount.

 

That is not how that works. Your insurance company will pay the market value of your vehicle (Might not be that bad considering the current market) and then subrogates from the responsible parties insurance company. They have no mandate to pay you the cost of a new vehicle unless you have purchased the appropriate endorsements. The premise of insurance is to put you back into the position your were in immediately prior to the loss. This is why speaking to an agent or broker is vitally important to ensure coverage is sufficient, not assuming everything will be good.

 

The other guy's insurance probobly won't give you a hard time on replacement value because it was a rear end collision. The other insurance companies concern is that you don't sue them for injury. Rear end collisions are an insurance company's worse nightmare when it comes to claims. The ball is 10000% in your court. Insurance companies know the market on vehicles right now.

 

Not correct. They happens in some situations if the other guy's insurance refuses to pay.

My girlfriend was hit 2 years ago in her newer jetta. She was rear ended, and it caused the rear A pillars to crumple so it was clearly totaled.

Within 4 weeks she had a check from the other driver's insurance for the replacement value of the car. There was a bit of back and forth on the amount as they were a bit low with their first offer. But in the end, she got a bit more than replacement value.

 

Did she carry collision coverage? If she did it is very unlikely the payment came from the other persons insurance carrier. This is why you pay extra money for collision coverage Your own insurance company takes care of everything for you. I've been a licensed broker for 9 years now. No insurance company is paying extra if they don't have to, hence why it is so important for OP to confirm what he is covered for.

 

She had to have collision because had a loan on the car still.

In some cases your insurance may write the check to get the customer back in a vehicle sooner than later but at the end of the day the at-fault driver's insurance is going to be the one paying.

Any fender bender I have been in (luckily none my fault) the other persons insurance paid the body shop direct. My insurance company was notified but never paid a dime.

 

What Happens When Your Car is Totaled? | Progressive

How is your totaled vehicle covered on your policy?
If another driver is at fault in the accident, their insurance pays you the value of your totaled vehicle with the at-fault driver’s property damage liability coverage. If your vehicle is damaged in any way or you were hit by a driver without insurance, the coverages below can protect against a totaled vehicle on YOUR insurance policy:

I copied and pasted that from progressive with the link if anyone is curious.

With a rear end collision, the other driver's insurance is going to want to settle this as fast as possible. The main goal is to avoid a lawsuit. There is typically no way to dispute who is at fault with a rear end situation. If the OP wanted to, he could sue the other guy's insurance very easily and they know it.

I bet they will be really quick to write this guy a check.

 

I'm sorry. I know how you feel. I would feel the same way if this happened to my truck or my fun car. We all spend a lot of time and money making these vehicles just the way we want them that it hurts when they're damaged or destroyed. I think one good way to look at this, is that it gave up it's life to protect you - it did exactly what it was supposed to do. If it's totaled, now you get to start the process again and can look forward to everything that comes along with it! Let us know how it shakes out.

Thoughts and prayers.

 

Sorry it happened but get medically checked out ASAP.

 

Thanks for looking anyways. I'm getting another estimate from a shop outside of their network to compare. I find it hard to believe the labor would be under $3k to do a full frame swap plus the actual paint and body work that needs done.

 

Insurance laws & coverages vary by state, therefore your best bet is to walk through all of your questions with the adjuster assigned to your claim. We can speculate all day long, but I have a feeling that will cause you to worry more and make your situation a lot worse. Most important is that you are okay. Drop an update once you have more info from the insurance company and then we can offer more clear guidance.

 

OP here. Thanks all--for the welcome, the advice and the condolences/well-wishes. I'm sorry to have such a sad inaugural post.

To answer a few questions that have come up so far-- I'm in Colorado, I have good insurance coverage (I'm reviewing policy to confirm details), and the airbags did not go off.

 

Sorry about your truck bro. You were rear ended, therefore not at fault. You should seek medical attention to your neck and back . From your head to your ass. You can even still walk into a hospital if you wish. You will need the other guys insurance information. Depending on what happens there, you will be referred to a orthopedist. Things like whip lash or disc injuries won't let them selves be known right away.Because the surrounding muscles tend to tighten up a bit to compensate for the injury. But eventually they get tired and the injury appears. If you need an attorney ask around in your circle of friends.Or call one on the nationally advertised ones on tv. Ive seen people asking how much that costs. After you explain to them what occurred they will tell you , you have a case. They will take a third down the road if you sue for injuries. You will have to go to doctors and therapy. It will be tedious, but living with a gifted fucked up neck or back is tedious also. You will ask what the dollar amounts are on the other guys policy, and its within your right to go for the most possible. Down the road you will be offered a settlement. About 15 years ago I was a passenger in a car during a snow storm. We got into a accident. I received a concussion, and a torn ligament in my hand. I had to have 3 failed hand surgeries. About 300 therapy appointments, and my hand is still fucked up. He had 300k max for passengers injuries. At first they offered $7500. I laughed, I ws like it cost more for anesthesia. On court day the offer went to 10k,then 15, then 25 k. I kept telling my attorney no. The judge told both attorneys to get the case settled, because it was right before christmas. He wasn't going to waste a jury on this. My attorney asked me what do you want to settle. I told him I want 200k, or Ill let a jury settle it. Guess what happened. It settled for 280k. I got close to 200k. I think it was 186k after the attorney took their third. Good luck , take care of your body first and foremost. You will get another Taco.

 

This is good advice. At least go and get checked out while it's not on your dime.

 

Wondering if your truck was repaired or deemed a total loss? I was in an rear-ender about a week ago, similar damage, but the idiot that hit me also managed to over correct and get the front. Still waiting on an assessment from the shop. My sad thread about it, should anyone be interested in more Taco-disaster p0rn: https://www.tacomaworld.com/threads/is-she-totaled.763095/

Hope your injuries aren't still bothering you, or at the very least, are proving profitable. You've got a 2-year statute of limitations on personal injury claims in Colorado, by the way.

 

My truck was rear ended 13 days old at 412 miles. Hit and run. Looked about like yours. It was not totaled. $27500 in repairs. $32000 would have totaled it. New frame, new bed, new tailgate. They even hit hard enough for me to bend the steering wheel and that was replaced. It was repaired at a Toyota certified collision center in Puente Hills Ca. Took about 2.5 months. I will say when I got it back it felt brand new. Still sucked though.

 

Woof, sorry buddy. I've been waiting to do a full update until everything is buttoned up with the other guy's insurance. But to answer your question, yes, mine was a total loss. (It's not obvious from the pictures, but my truck also had damage to the front end, for what it's worth.)