Question -- What should I do?

by lindsey122581 » Sun Nov 02, 2008 07:28 pm

I purchased my 2007 Accord EX-L (V6 6spd) in August 2006. At the time of purchase, the window sticker on the car read $28,141. I did pay a little less than that by paying cash up front.

Unfortunately, I was in an accident while driving the car. This happened on October 22nd of this year. I lost consciousness at the wheel, due to illness, and severly damaged the vehicle. I hit a 3ft. deep ditch, a bank, a road sign, and a large drain tile (drain pipe). I was, however, within 100 feet of my driveway when the accident happened, so I was able to pull the vehicle in at my house.

The damage to the car is significant and I am sure there is much more than is visible with the naked or untrained eye. The damage (estimated by me) is as follows:

INSIDE
driver's side airbag deployed
steering wheel split for airbag
steering column damaged due to airbag deployment
driver's side powerseat broken (not bolted to floor anymore)
in-dash 6-disc cd changer w/ satelite radio damaged
entire dash has "set down" about 2-3 inches from normal position
scratches to dials / gauges panel

OUTSIDE
both front tires busted ($300/each Michelin W-rated lowprofile tires)
both front fenders damaged
hood damaged
front bumper damaged (demolished really)
ground effects (side skirts) on both sides damaged
driver's side door damaged
passenger side door damaged, but possibly repairable (not sure)
large dent to rear fender on passenger side
passenger side headlight damaged (these are about $500 - $750 each)
large upward buckle of the roof of the car where the sunroof / moonroof is (I am assuming this is the frame or subframe)
damaged aluminum (17" premium factory) rim on passenger (possibly driver's side also)

Underneath the car, EVERYTHING is sitting on the ground! The car continued to run after the accident, but after it was cut off, will not start back smoothly. I am no mechanic, but I am assuming that new cars do have a mechanism that encourage them to drop the motor, etc. when involved in a frontend collision ... but I don't think it would be to the extent of this damage.

Here's the issue that I am having ----

My insurance company refused to send an adjuster to my residence or anywhere nearby to examine the car. The car was picked up, by a towing company of the insurance's choice, and was hauled to a salvage yard over 2 hours away. I agreed to this under the impression (and confidence) that the car was likely a total loss and would be moved to this location by the insurance anyhow.

For 4 days, I was unable to acquire my vehicle's whereabouts. My local agent had no clue what was going on and the claims' department at the corporate hq were no help whatsoever. Finally, on Friday of this past week, I located my vehicle at the salvage yard over 2 hours away. I was also told that an adjuster had viewed the car there and had given an estimate of $5700, with nearly $3000 of that going to cover the cost of the deployed airbag. My anger came when I was told that this adjuster hadn't even bothered to look underneath the car because " there wasn't a lift anywhere for him to have the car put on to view the damage". The claims rep told me that it was my responsibility to contact a towing company, to choose a shop, to arrange for the car to be hauled back here (over 2 hours again), to contact the adjuster myself, to make an appointment for him to come down here, and to make sure the insurance estimate is completed. I instructed the rep to have the vehicle towed to my home address and then we would personally ensure the vehicle's delivery to a satisfactory shop and take care of the other business. She refused and stated that I couldn't have the car back unless I dropped my claim and promised not to make any claim on the car in the future.

Can an insurance company refuse to give me MY car or refuse to let me have MY car placed where I want it placed?

The car is being towed to closest possible approved shop, but that is all I know. I do not know if the car has been delivered at that location yet or not. The adjuster is supposed to drive 3 hours down here to do anther estimate on it once he has it on a lift.
Anyone have any advice on this situation? [/list]

Total Comments: 17

Posted: Thu Nov 13, 2008 04:45 am Post Subject:

Thanks for the info., but I have read that before. Actually, I have a copy of it in the ever-growing file of insurance information, info. about the wreck, etc. that I have been keeping.

As for the dent, why does it matter how it happened? Truth is that I really don't know. I think it was probably made by the same lovely students I had in NC two years ago that slashed 3 of my tires within a two weeks span! With the way my car is now, there's really no way that anyone would be able to pick it out as being separate from the rest of the damage. There are scratches and dents and dings and etc. etc. etc. all over the right side of the car from the wreck. It blends right in. If anybody asks for verification of its time of occurence, I'll share that information with them. I'm honest. I never claimed it wasn't there before, but nobody had inquired as to its origin so....

At this point, I'm not sure that a lower ACV on the car would be that bad. If you are correct on the figure as to the repair cost for the quarter panel, then my car is totaled now. Are you saying I should tell them now? I mean, it sounds like I am going to "get busted" anyhow because anybody with eyes must be able to tell that it couldn't possibly have came from the wreck... even though the entire right side of the car has plowed up against a road bank and is scratched all the way back. The body shop manager, who did my estimate, has been doing this for 30 years too and he couldn't tell.

No, I did mind driving with a huge dent in my car, but if you really must now, I didn't have the money to get it fixed. I know, insurance would pay for it, but that wouldn't have helped a whole lot.. I didn't have the money to pay my deductible either. I'm a high school teacher and I'm not rolling in money by any means. I have managed to pay for 8 years of college (I'm working on my 4th degree right now) all by myself. And, since I bought the car (by way of a very generous aunt that passed away), I have had to have over $30,000 in surgery .... none of which is covered by my health insurance because of the nature of the procedures. So... that's why I put up with the dent and I wasn't "driving around" much in this car. I have another car that I drive to work simply because of the gas mileage. The only reason I had been driving it to work more than normal and on the day that I wrecked was because my old car has some issues with the exhaust and gas line that had to be cleared up. So, driving the car with the dent wasn't really a choice for me at the time. My tuition and my medical bills come first. That's totally secondary.

And, it's not that it is "some huge dent". It's the location and depth of the dent that is the issue, not the size.
To clarify, my estimate had no "after-market" parts on it. My insurance company will not pay for "after market" parts AT ALL for anyone's repairs.

As far as moving the car goes, I'm not doing anything until I have to. When they want it moved, they'll let me know (and, yes, I know they will. That has already been covered.) I'm not worried about a "non-preferred" shop doing repairs on my car because I'm not fixing this car.

Posted: Thu Nov 13, 2008 11:26 am Post Subject:

The body shop manager, who did my estimate, has been doing this for 30 years too and he couldn't tell.

Then you got a freebe, good for you, the damage from this wreck must've overlapped enough that no one knows you had this prior damage.

If you are correct on the figure as to the repair cost for the quarter panel, then my car is totaled now.

Remember though that's 2400 or so less you would get as well...if you tell me the color of your car and the body shop rates for the area I'll run a sheet and give you a closer est...that is with the 1/4 replaced...you said the adjuster wants to repair it though ....

To clarify, my estimate had no "after-market" parts on it. My insurance company will not pay for "after market" parts AT ALL for anyone's repairs.

Some carriers have made that decision...and frankly it makes life easier for everyone...the used ones though, I seriously doubt you will get away from...

You could always tell them about the prior damage, and the 1/4 damage not coming from this loss...that will lower your ACV and may total it...your choice, less money of course for you..What did you say their total cost of repair is right now, this would include all tows todate.

Posted: Fri Nov 14, 2008 12:33 am Post Subject: ** LATEST UPDATE **

TOTALED

Insurance company called today around 4:30. The customer service manager is going to make the call himself because of the degree of damage and because of the way his employees treated me in the beginning. I should find out an offer tomorrow. I'm happy.

I guess this should be a lesson that persistance and sticking up for what you think is right will pay off in the end. :D

Posted: Fri Nov 14, 2008 01:21 am Post Subject:

Perhaps, but frankly I think it's more like, 'oh crap, she just might have a bad faith claim...MAKE HER HAPPY''..... seen it more than once...but not matter the reason.....good for you, you got what you wanted.

Posted: Fri Nov 14, 2008 05:09 pm Post Subject:

Hey, that's fine with me if that's thier reasoning. For the hell that I have been through with this company, I deserve to be made happy.

And, if they were scared, they must have been really scared because I ended with a higher settlement than the retail value of the car...LOL

Posted: Sat Nov 15, 2008 01:28 pm Post Subject:

For the hell that I have been through with this company, I deserve to be made happy

I agree...

And, if they were scared, they must have been really scared because I ended with a higher settlement than the retail value of the car...LOL

Good for you honey, still (to them) WAY cheaper than a bad faith judgement... :wink: time to go 'car shopping''!

Posted: Sun Aug 28, 2011 09:25 am Post Subject: Pharmacy Rocks! I mean it!

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