Totaled my car! I have some questions

[Guest Look A Z]

Hey everyone, I know I am new to this board, but you guys/women sure do seem pretty knowledgeable about tons of information. Last night, Super Bowl Sunday, I was driving my friend home. I was on the freeway going about 70mph in my 1998 Volvo S70. There was a mustang that almost side swiped me so I changed lanes to the slow lane. I lost control and my memory is blank from there. All I remember is was the mustang almost turning right into me, me changing lanes, then me stop on the side of the road with my car just totaled! So my question for you is basically what will happen with my isurance company? There was another guy there who was a witness with what had happened and he's story is just about the same with the whole mustang thing. Yeah so back to my point, will my insurance go up? The car is pretty much total from what CHP told me, so will the insurance take a look at it and give me what the car was worth before the accident? I want to know all of those types of questions and anything else you have would be a great help to help me deal with all of this crap. Now I am stuck at home, can't go to work, I have two black eyes, stiches under one of my eyes, and staples in me on the side of my head. Thanks for listening/reading and responding because I need to know what will happen. BTW my car is fully insured by Century 21 if that matters.

[Guest Anonymous]

Did you get an accident report made? Did you get the witnesses name and information?

 

The witness in this case should be able to help you out a little with what happened. Did the CHP charge you with anything or on the accident report did they list you as the at fault driver? If so, then your insurance company may look at raising your fees or even dropping you all together.

 

Sorry you didn't provide enough info in your post. You need to get a copy of the accident report and see how it was written up. Also was the witness an independent witness? Meaning this guy wasn't riding with you at the time nor is he a relative or friend of yours.

 

The best thing to do is be honest with the insurance company and the CHP. I hope that any of this helps you.

[Tim240z]

Not an expert, but here goes.

From what i hear 21st Cent. is a good crowd. Your premium will likely go up. If you are still paying off the car and have the 'gap' insurance, they will pay you out (what the car is worth + what the difference is on what you owe on it, if you owe more than it's worth). Otherwise, you get blue book.

Sorry to hear about the crash, but if you're going to get in an accident, Volvo is a good way to go.

Tim

[Guest Look A Z]

Well, the accident from what the witness was saying it wasn't my fault. The CHP basically just told me to stay in my car and not get out. I did not yet get a chance to get the witness's number or name just because I was like in shock basically. I got strapped on a strecher and the CHP was asking me hella questions and I just answered them to my best of my knowledge. I just hope that the reports comes out it not being my fault because it would suck if it did!! Yeah I still am paying off the car too. But, if the insurance company doesn't have anyone to go after, then wouldn't my insurance rate still go up?

[Guest Anonymous]

I would be calling my CHP to get some details about this and to find out what that report says.

 

The last bad accident that I worked the husband and wife were in the hospital for 5 days. When I spoke to them they also did not know what had happened to them on the night of the accident. I made it perfectly clear that they were not at fault and gave them the case number over the phone so that they could get more info on their crash. That night I also gathered all the witness statements and recorded them on the accident report.

 

Tim was right GAP insurance is worth its weight in gold. I have it on my new 2002 Pre Runner.

[Pop N Wood]

If you were not at fault then your rates shouldn't go up.

 

I have a 98 Tacoma PU that has been involved in 7 metal benders, 3 that went against insurance. In the first wreck I failed to get the names of any witnesses so the claim went against my insurance (probably 8 grand in damages). GEICO didn't seem to care who was at fault, they just paid it. In the other two cases involving insurance claims the other person was at fault and fessed up (total of 2-3 grand in damage). But funny thing they both had GEICO insurance so the checks came from the same place. With all of that they have not raised my rates.

[Kevin Shasteen]

There are always a multitude of variables involved in every accident. State Laws, type of coverage you purchased for Insurance and the issues of the accident such as who did what and what followed after that.

 

You need to obtain a copy of the Police Report and give this to your insurance carrier-who at that time will obtain info from you to fill out the notice of loss; then they will either fax or call the claim center to begin the process.

 

As far as what you remember or dont remember may be a liability and could be seen as contributory negligence...unless the witness said they saw the whole thing & clears you-then it isnt a concern.

 

As far as the value of the car & what is covered-again it goes back to Coverages, Liability & Damamges.

 

An appraiser from your carrier will appraise the damages. You car will not be officially totalled until after your insurance carrier has appraised the vehicles damages.

 

Every state has its mandatory laws indicating at what point a car is considered "Totalled". Some states will say once the damages reach 75% of the car's actual cash value then it is a total; other states say 80% ect, ect.

 

If/when you car has been totalled the amount owed is not automatically the amount you owe to the bank.

 

Regardless of who is at fault, if your car has been totalled-then they owe you blue book value. This value is the actual cost of the car, in your case-this means retail value. What they dont owe is the profit that the dealer and bank wrote into the note. So, if the profit from the dealer & bank along w/the value of the vehicle exceeds "Actual Cash Value" then you will be on the hook for the excess. Most people dont realize this until they have an accident in a car that they still owe money on...case in point.

 

The good news is that if you do owe a difference-many times the bank will agree to roll that difference into a new note on another car; you wont know if the bank will do this till you ask. The problem w/this is that you now owe that difference plus the new note-kind've stinks but it does get you back on the road.

 

As far as the police report-some officers write up good reports & others dont. Regardless of the report-it is still third hand information & isnt to be taken as first hand info; this is where the witness's statement is vital.

 

Bottem line is-GET THE POLICE REPORT & report your claim to your carrier ASAP! The quicker you act the better things will play out

 

Sorry about your injuries. Many times your injuries are also subrogatable (the at fault carrier reimburses your carrier for what they paid out in medicals) accept in some No-Fault Policies where your carrier pays the meds.

 

Once you have turned your claim in your carrier should call you first to obtain your statement; this is the moment you will want to ask them anything that is on your mind. Ask them anything-no matter how silly you might think your question may be; ask it & then listen for their answer.

 

Dont forget to get your adjuster's name, ph# & ext#; also obtain their address and get the same info from the other driver's carrier's adjuster when they call you to also get your statement.

 

Not all insurance adjusters are ethical; so ask the exact same questions from your carrier & the other carrier...then compare their answers-their answers should line up. If there are any discrepancies-then get your carrier on the line & ask why the discrepancy?

 

Sorry to hear about your accident.

 

Remember even if this is the first time for you to experience an insurance claim, there is a process to resolve your problems-just ask lots of questions then listen for the answers; dont be afraid to ask the same questions over...ask them as often as it takes until you understand the answer.

 

Specific questions you need answers to are:

 

1) Has the other carrier accepted Liability Yet?

If no: then Why Not?

2) Has your carrier contacted the Witness Yet?

4) What did the witness say?

5) What will become of my car?

6) Do I have Rental Coverages?

7) Will the other carrier pay my Rental Exp's?

8) If the other carrier does/does not accept liability...who pays my medical expenses?

 

This should get you going. Good Luck.

 

Kevin,

(Yea,Still an Inliner)

[Sumo]

I hate to burst your bubble about the rates guys but insurance companies use any excuse to raise your rates. If it's your fault they say that you are 'accident prone' so they have to raise your rates. But guess what if you got into an accident even if it's not your fault we have to raise your rates too! Why? "your accident prone" and God forbid you use a chiropractor, then they drop your butt unofficially they frown upon it due to insurance mills. But not all of the insurance companies do it but a lot of them sure do.

[Guest Anonymous]

Usually and I use the term "usually" lightly, the officer doing the report is responsible for gathering all info reguarding the accident. This includes all info on all drivers and passengers involved as well as the witnesses and vehicle information.

 

In a case where another vehicle may have forced you off the roadway. An eye witness is crucial! Especially if there wasn't any collision with the vehicle. There would be no physical evidence left behind like paint transfer or broken head, side, or taillight lenses.