Car accident experience? Need advice...

l_elizabeth

I was rear ended in a car accident two weeks ago, and everything has been a nightmare. The guy who is at fault has really minimum insurance and hit 4 people. My car has been in the shop and they've determined it's damages to be 65% of the value ($10,000 and it's worth around $14,000). It needs to be 80% to be considered totaled. My problem is, I dont want my car back after it was so damaged. I'd much rather them total it out and give me a check so I can pay it off and get a new car. At this point I'm still making payments on the car and now it will have a diminished value. I am beside myself and the insurance guy was such a jerk- he tried to tell me to sell it when I get it back. Um how do you want me to do that? And on top of everything, it's going to take at least a month to fix. Do I have any rights here, or do I have to stand back and just let what happens happen? Thanks...

MrsNWT

HIS insurance is out to protect thier best interest.  Have you talked to your agent? 

When I was rear ended they (my agents) were helpful helping me deal with the paying insurance.  And I was given a rental car for the entire time mine was out of commission....I even fought for a car comparible to what I drive.  I drove an SUV and they wanted to give me a rental of a two door matchbox. I said NO WAY...they hit my SUV, they're gonna pay for my SUV rental.

Now you may have a case to discuss with an attorney since the damage to your car is so great.  You "may" be entitled to a settlement for the "diminshed" value of your car.  I didn't fight for that, but always wondered if I should have.  But the damage I had wasn't what you're facing.

OR_Bride

I've worked in insurance and have heard this story so many times, that is why I never opt for the cheapest insurance!  If I remember correctly (I've been away from the biz for a few years) you can go to your insurance and put in a claim for the additional damage.  Because someone else hit you he is responsible, but since he had limited insurance you should be able to go to your own insurance company and get them to help you out.  Hopefully your company will be able to help you out.  Good luck!

estherandgeoff2

I have no advice for you, but I'm so sorry this happened to you. I hope you're ok. And I totally wouldn't want my car back either after all that damage.

Jumper

Like pp said, I would file a claim under your own collision coverage.  You will have to pay your deductible until they subrogate against the at-fault driver, but you will probably receive much better service from your own carrier.  Since the accident was not your fault, it is not chargeble and should not raise your rates.

Newbie33

You didn't say whether you spoke to your insurance company or not. The first call I make after an accident, regardless of fault, is my insurance company. The other guy's insurance company is interested in protecting his interests (aka theirs). Your insurance company is interested in yours (aka theirs). Every time I've been hit by someone that had insurance that was less than helpful (State Farm and another Texas something), my insurance company made everything right. I was hit by a semi in the Pearl and the guy tried to claim I hit him (um, I was at a stop sign, stopped, thank you very much). Anyway, my insurance company took care of everything. The trucker's company called me 2 weeks after my car was fixed (as directed by my insurance company) and wanted to "find my car" in order to get an estimate on my damages. And then they had the gall to tell me to borrow a friend's car instead of renting one. If it weren't for my insurance co. I'd probably be out $$ but by contacting my company before even filing a claim with the at-fault company, everything was taken care of within days of the accident. Let your insurance company deal with the details. You deal with your insurance company and they'll have an easier time getting reimbursed, etc.

l_elizabeth

Thanks everyone. What I did fail to mention is that it is my insurance company handling things. The guy who caused it doesnt have enough insurance, so my company is handling repairs (and his insurance company paid my deductible) and I think the two insurance companies will settle things after everything is said and done. My insurance company was nice throughout this (State Farm) but I dont at all agree with fixing my car.