my xB totalled in drunk driving accident PICS, PLEASE HELP!!
#41
Never take a cops advice regarding accidents. I've had them screw me out of $800 in damages from following a cop's advice. He told us not to worry, REFUSED to write an accident report because the lady admitted fault. He then lectured me about wasting his time on petty accidents. Guess what, she changed her mind later, and the same cop suddenly couldn't remember us next week. So I got screwed when my Corolla's rear end got caved in from some stupid lady who said at the scene it was her fault and she was tired. And on top of that, her insurance company listed me as the liable party on my driving record that I am trying to fix.
The second time, well it was just as bad. The cops didn't do anything right, delayed her insurance a full month, and she got out of DUI and fleeing the scene charges.
I am still waiting for the day I can thank a cop for something besides making mistakes that cost me hundreds or sending me to court to fight their mistakes for countless hours.
Bottom line, most cops don't know diddly squat, that's why most of them are cops. I'm sure there are a few good ones that have IQs above room temp. but I haven't met any, especially when I need one.
The second time, well it was just as bad. The cops didn't do anything right, delayed her insurance a full month, and she got out of DUI and fleeing the scene charges.
I am still waiting for the day I can thank a cop for something besides making mistakes that cost me hundreds or sending me to court to fight their mistakes for countless hours.
Bottom line, most cops don't know diddly squat, that's why most of them are cops. I'm sure there are a few good ones that have IQs above room temp. but I haven't met any, especially when I need one.
#42
Glad you are OK. Here is my advice on the insurance company. Do not give up! These guys will throw every obstacle in your way to make you say OK,OK I give up. then you end up taking a bad deal. I know, I have fought them before on a car and my house. Talk to a supervisor, talk to their boss, threaten them with your state attorney general. Fair is fair. You had a nice car and you should get something from it.
I agree with the other folks. Talk to an attorney and see if it is even worth it.
Let us know how it goes.
Let me know how much for the exhaust.....
I agree with the other folks. Talk to an attorney and see if it is even worth it.
Let us know how it goes.
Let me know how much for the exhaust.....
#43
Don't worry about sueing her, do it. you win and can hold a judgement against her for years so she will never own anything. when the statute of limitations comes up and she still hasn't paid, you take her back to court, again.
hre in CA you win the case , she doesn't pay, you call her into court have her empty her pockets, and take it all. you keep doing this until the debt has been paid off.
you can sue the driver, the owners, the insurance company ( hers if she has any) to reclaim all you lost , including time off from work for doing all of this.
Get yourself a lawyer , now, not later. turn it over to him and let the ball roll into her court. PORTECT YOURSELF FIRST !
this advice is from an investigator that has dealt with this type of thing before.
good luck
hre in CA you win the case , she doesn't pay, you call her into court have her empty her pockets, and take it all. you keep doing this until the debt has been paid off.
you can sue the driver, the owners, the insurance company ( hers if she has any) to reclaim all you lost , including time off from work for doing all of this.
Get yourself a lawyer , now, not later. turn it over to him and let the ball roll into her court. PORTECT YOURSELF FIRST !
this advice is from an investigator that has dealt with this type of thing before.
good luck
#45
Ditto on the advice about a lawyer and getting a claim put against her. If she comes into some money later (inheritance, insurance claim of her own, lottery, etc). You want to already be in line as having a claim on it.
#46
First and foremost, talk to an attorney NOW!!! Do not wait! An attorney will help guide you in the right direction to get as much as possible out of a difficult situation. Your insurance coverage is going to do their best to get out of this with as little out of pocket as possible. That means totaling your xB at standard, stock, used car value. Your car was FAR from stock. Don't let them short-change you.
You need a list of EVERYTHING you've EVER put in that car including installation costs, wiring, etc.. You will want a listing of replacement (read: RETAIL) cost for every item.... stereo, amps, speakers, grilles, lights, tires, wheels, etc., etc.. If there is an item you had on the vehicle that is longer available, then you want the next model UP as a replacement! DO NOT SETTLE FOR LESS!
Above all, NEVER GIVE UP! Persistence will pay off in this sort of situation.
Just because she was uninsured does not mean that she is not liable and cannot be sued. Also, you need to find out if she was the owner of the vehicle involved in the accident. If not, then you can involve the owner because they now share liability with the driver. This is why EVERY vehicle must have liability insurance, not just every driver. Was the vehicle a company vehicle, by any chance? If so, then the company is now sharing liability. Was she on-the-clock for a job at the time of the accident? If so, then the employer is now also liable. Even if she snuck out of work to get plastered and got into an accident, the company can be considered involved because an employee on company time caused property damage and possible injury.
Keep after it.
You need a list of EVERYTHING you've EVER put in that car including installation costs, wiring, etc.. You will want a listing of replacement (read: RETAIL) cost for every item.... stereo, amps, speakers, grilles, lights, tires, wheels, etc., etc.. If there is an item you had on the vehicle that is longer available, then you want the next model UP as a replacement! DO NOT SETTLE FOR LESS!
Above all, NEVER GIVE UP! Persistence will pay off in this sort of situation.
Just because she was uninsured does not mean that she is not liable and cannot be sued. Also, you need to find out if she was the owner of the vehicle involved in the accident. If not, then you can involve the owner because they now share liability with the driver. This is why EVERY vehicle must have liability insurance, not just every driver. Was the vehicle a company vehicle, by any chance? If so, then the company is now sharing liability. Was she on-the-clock for a job at the time of the accident? If so, then the employer is now also liable. Even if she snuck out of work to get plastered and got into an accident, the company can be considered involved because an employee on company time caused property damage and possible injury.
Keep after it.
#47
Hopefully you have some receipts for your mods. Try to find them. I would also start assembling some prices people are asking for cars like yours. These will be helpful in getting the right price for your car from the insurance agency. At least you are here to negotiate. Best of Luck!!
#48
Originally Posted by nameless_ak
I talked to the officer and he thinks suing her isnt going to do me much good, because she has nothing and she is going to be in jail for a LOOOONNNGGGG time. She is convicted on a ton of stuff including a felony. Anyone have advice as to how to get the most out of the insurance company?
#52
yo did you get gap insurance when you bought the car?. The insurance company is supposed to pay the value of the car and your gap insurance should take care of the difference so you can be cleared of any debt. I would also sue the person that hit you. Id go to the doctor and make sure everything is ok with you because thank God this time you are ok yet, sometimes people might start feeling back pains and stuff a couple of days later from the impact.
#54
man bud thats a shame for your car, that front end was looking sweet. you had alot of money tied up in that. it looked real good. well first im glad ur ok. second i would get as much as you can from the insurance company, then take it to court to get the rest. this isnt your fault, i dont see why you should have to suffer cuz she's a stupid SOB. people like that ____ me off and they are the reason insurance companies jack up their rates. Sorry everyone but his situation upsets me. This is why I hate insurance companies. You pay them hundreds to be protected and when something happens they do this prorated crap and you lose out. He gets hit by a drunk driver with outstanding offenses, he's ok thank god, but his car(which he has alot of time and money in), is definitely trashed, and he has to suffer on behalf of the insurance company. I thought your insurance company is on ur side. Hmmm often got to wonder. I see it like this: why dont they give you what you need to get out of debt on the car (if thats your case), then they should be the ones that should go to court and collect the rest they need. not you. But wait, that would make to much sense and be logical to do that. so they don't. They WILL try to stiff you by telling you the parts are used and other BS, remember they are a company and ur just a number to them, they dont care, at the end of the year they just write it off and get that money back. Stick to your guns and DO NOT SIGN A THING UNTILL YOU GET EVERY PENNY YOU HAD PUT TOWARDS THAT CAR meaning if its worth $17000 with all the mods and they will only give you $15000 and you have a total of $18000 into it after looking at the reciepts . BS, you make sure you try to get that extra $3000 out of that insurance company and get her for whatever they wont cover. remember you have coverage on this. Get what you can from that insurance company. GET A LAWYER NOW!!! the longer you wait the worse it is, they can get the ball rolling on your behalf show him or her the pics and yes, get every darn reciept, the cost of anything that you had modded, installation time and cost along with lawyer fees(consultation charges, court costs, etc.) the officer's name, anything to do with that wreck. find everything and anything aboout her and that vehicle she hit you with, you never know. remember you need to be paid in full before you hand that car over to the insurance company. I would strip it too but if I were you. ide get a pic of everything on that car right now so you have proof. I WOULD NOT strip a thing off of it right now till this is clear. remember that car is still yours. The insurance company nor the police or anything cant touch it except in an investigation. but what i mean is they cant take it to a junk yard to scrap it, cuz its yours, nothing on that title says this is owned by the insurance company or the police. the only way they can take it away is if you sign something that says your satisfied. DONT SIGN AND DONT TAKE A THING OFF THE CAR TILL THIS IS THRU, that can effect the outcome. Thats my opinion. GOOD LUCK BUD. sorry for the long post. it just has me upset.
scott
scott
#55
Wow...it still amazes me how well our little Boxes will take a hit...despite it's small size. Glad to hear You weren't hurt! I hope you get what you need from your insurance, they are a royal pain to deal with...even worse when it's NOT your fault. They always try to make you feel like they are doing you a favor by paying anything out...the whole insurance racket is a joke. Good Luck and let us know how it pans out. It's sure a shame to see another Box bite the dust (.....
#56
thats how they treat us in the body shop too, alot of insurance companies tell us what we can and can't repair, and what they will and won't replace, some won't replace a part that needs to be replaced, even if its an important safety part, they also decide when and if they are going to pay us for the work we've done
#57
Glad you are okay! Hopefully you have gap insurance, this is available when you purchase your car. It pays the difference between what the financed ammount is and what the insurance is willing to pay. 15000 owed, insurance says it'w only worth 9000, the gap insurance pays the other 6000 . this doesn't replace you car though. Good luck man, that sucks. Let me know if you wanna sell any parts off of it. It may help you recoop something from it, the insurance company won't give you anything for all of your aftermarket stuff. Interested in the tails. let me know.
#59
AHHHH!!!! My insurance company gave me their vehicle value quote of $11,170 that is rediculous! My car was in perfect condition and more! What should i do to get more money out of my insurance company.
#60
well, you take that $11,170 from your insurance, and if you have the receipts from your additional after market equipment you put into the car, you can sue her for the loss of those parts.
unless you had additional coverage in your insurance policy for aftermarket add-ons, or in some cases, your home owners insurance covers losses of possessions like this. my dad mentioned it when i asked him what would happen if all the stereo equipment i had in my old explorer.
but your insurance company only pays the fair market value of your box before it was in the accident. and actually, aftermarket accessories lowers you cars resale value.
unless you had additional coverage in your insurance policy for aftermarket add-ons, or in some cases, your home owners insurance covers losses of possessions like this. my dad mentioned it when i asked him what would happen if all the stereo equipment i had in my old explorer.
but your insurance company only pays the fair market value of your box before it was in the accident. and actually, aftermarket accessories lowers you cars resale value.