Concern...

by Guest » Fri Nov 23, 2007 10:33 am

On Saturday night I was involved in a car accident. I was crossing an intersection and was suddenly hit. The driver made a left turn right into me. He had no signal light on, the light was a fresh green, and I was the only car traveling west at the time. The driver was clearly not thinking on the road at the time.
His 2005 Civic did wonders to my 1988 Mustang.

The bad thing is... My mustang was in excellent condition :(. The engine was in top notch condition, It had a brand new paint job (3 weeks old), and it had great gas millage (35 miles a gallon). It was everything I wanted in a car.

I searched online on Kelly's Blue Book website and the value of my car was only 1000-1500. Everyone knows that you can't buy a decent working car for 1500. It's just not enough. It feels like because of this accident, I'm losing a couple thousand and not benefitting at all. How can I go about getting a better settlement out of this? Could I print pages from the autotrader and show my that my car is selling for more than 1500? Or could I just plea for higher settlement saying 1500 is worth less than a running a car. I don't have much money. I'm only 18 and I'm saving for University.

I was injured in the accident with minor whiplash and sore back pains. I don't believe in doing an injury claim because I would feel guilty about it because I am slowly getting better as the days go by. I did have to take a couple days of work (3) because of it though. If I did want to file an injury claim how would I approach it? I did go to the hospital and my family doctor cause I was worried about my neck pains. I didn't need a note excusing me from work because I know my boss well and she loves me, so taking time off work was not problem. How would I even approach an injury claim?

An Insurance adjuster from the other guy's company is coming to my house on Monday to settle with me, to see if I'm ok, and to tell me my car is a write-off. I am hoping for the best.

Thanks for any help!

Total Comments: 6

Posted: Fri Nov 23, 2007 11:15 am Post Subject:

Good Morning Tyler and welcome to the community...I'm sorry about your accident, and glad you weren't seriously injured.

Let's look at your post, and see if I can provide any useful information.

I searched online on Kelly's Blue Book website

I know of no insurance carrier that uses Kelly to determine the ACV (actual cash value) of a vehicle. Most will either use a computer program, CCC, valuemate etc, or NADA, Edmunds etc. I ran your car on the program used by the company I work for. I am assuming it is the 4 cyl,

it had great gas millage (35 miles a gallon

, (you wouldn't get that pushing a V8 :wink: ) You don't say if it is a 2dr LX sedan, convertible, or hatchback. Nor do you provide the miles (which on a vehicle this old are the only ''offical'' add ons) If you would like to provide that info I'll check for you. Those three models, again prior to mileage either addition or subtraction, and condition which I will get in a minute. The values range from 1625-2300.00. So Kelly (in this case) may not be too far off, (TO START).

I'm losing a couple thousand and not benefitting at all.

You shouldn't lose a couple of thousand, but also you should NEVER BENEFIT from an insurance claim. You should be put bad in the same condition prior to the loss NO BETTER, NO WORSE. Little side advise, when talking with the adjuster do not use the words that you should be benefitting from this loss.

First about your car. You said you have a 3wk old paint job, the adjuster should be able to see that readily. And yes, that will add value to your vehicle assuming of course it is a decent paint job. If you paid for this let me know how much. Be sure and point out the new paint to the adjuster, also any improvements that would truly add to the value (NOT maintence, like I just put new brakes on the vehcile). Yes, it would be a good idea to have any and all documentation re: the vehicle's value. Many times on vehicles like this the adjuster will do a 'market survey or search', which means they will call three or so 'reputable' used car dealers fully explain the vehicles condition and ask what they would ask if on their lot. You could do the same, be sure you get names, numbers etc of the people you talk with. Let us know the details re: your vehicle and I can try and find what I think it may be worth. Also, when did you buy it? What did you pay? A vehicle this year, and assuming your discription of the condition is correct (interior and exterior) could be anywhere from 500-1500- above the ACV.

Now, your injury. Honey I understand

I don't believe in doing an injury claim because I would feel guilty about it because I am slowly getting better as the days go by

But you're doing nothing to feel guilty about in this situation.

I did have to take a couple days of work (3) because of it though.

The owe this loss of wage.

I did go to the hospital and my family doctor cause I was worried about my neck pains

They also owe all medical bills plus a settlement for pain and suffering. Now first, we have to be sure you are not in a NO FAULT or PIP state. If you don't know this, let me know what state you are in and I will check. If you are then YOUR insurance policy will pay for all of this (med bills and loss of wage only). I know of no state that allows a rate increase for a PIP claim.

Did the adjuster not ask you when they made their initial contact with you if you were injured? They should have. If not when he comes out tell him, ''hey, I had to go to the hospital, and also missed a few days from work'', he will know you want to present a claim, if he asks you, 'do you want to present an injury claim' tell him, 'yes, i think would'. they will then have you sign a medical authorization release, (make sure that is what it is), which allows them to get medical bills and reports re: your injury, may also have you sign one that your employer will need to release how much loss of wage you have. They should gather all this info then contact you (if you are done treating) and make an offer of settlement in claims this small should be 500-1500- above the loss of wage and medical bills. OR, some times they will offer you settlement right then and there, if small claim.. Please don't make any snap decisions on ANY OFFER (car or injury) get some advise from your parents, friends, even here. OK? PLEASE file the injury claim there is nothing wrong in what you are doing. If you were not injured AT ALL, or were going to ask for 10k then yeah, you are doing something underhanded. But NOT in your situation....

Let us know, any additional help we can provide.

Posted: Fri Nov 23, 2007 09:00 pm Post Subject:

Hey thanks for the quick reply.
My car is a 1988 Mustang lx 2d hatchback. You are right, it's a 4 cylander and the engine is a 2.3.
Interior condition was in mint condition. I had power locks, power steering, crusie-control, heater, stereo and cassete. Windows were fine. one small 1" crack on the front windshield. The Paintjob was flawless. Paint was 400, and supplies were 400. I actually painted it myself =) and it looked perfect.
Milleage was at 175,000.
My dad bought the car in the winter of 2006 from a girl he dated way back in the day. He paid 2500 for it after it passed a mechanical inspection 100%.

A NO FAULT meaning the accident was 100% his responsibility? If so, then that is correct. Btw, I'm from Alberta, Canada ;). I stumbled across this site.
I haven't talked to the adjuster yet. It took several days just to assign one to my case. My mom eneded up talking to her last night and I did get a voicemail saying she was coming later in the week to discuss if I have any injuries and a settlement for my car.
Question: Is it wise to just settle for my car when I first meet her, and to tell her that we'll talk injuries another day?

Thanks for all the help so far!

Posted: Fri Nov 23, 2007 09:46 pm Post Subject:

I really cant add too much more to what Lori is saying. That was pretty thorough, but in addition to what she was saying PLEASE get yourself checked out by a physician. That is very important. You sound like a very unassuming person, but you never know. Some injuries could creep up on you weeks or even months after the accident. If you make a small medical settle or no medical settlement you may be doing yourself a real injustice. The physicians may find something in their tests and xrays that you are not even aware of yet. A disk thats halfway out of place but not all the way. Some internal bruising. The list goes on and on but I think you get my point.

Posted: Sat Nov 24, 2007 10:28 am Post Subject:

knig188

PLEASE get yourself checked out by a physician.

HE DID per his orginal post........

I did go to the hospital and my family doctor cause I was worried about my neck pains

:?

Tyler, I had to do a little research, I'm not well versed on Canadian insurance laws, so take this with a grain of salt. It appears their injury and physical damage is handled pretty much same as a pure comparative state here.

I would guess that they similarly evaluate vehicles, however my computer can't bring in your area, I'll use Minnesota :roll: close as I can get! :lol:
But it just defaults to the 'midwest' region.

Based on the info I'm getting an adjusted ACV of 1725.00, if I were handling your claim I would deduct 100 % of the full cost of the windshield replacement. Then (again assuming everything is perfect as you say), I would add about 1000.00 for the condition. Maybe more I would definately do a 'market survey' on your vehicle, once I saw it and it's condition. So that brings you back to about what dad paid. Again, I know absolutely nothing about the market in Canada.

No fault, really hasn't anything to do with fault...Although that just sounds stupid... :? Forget it, since you are not in the states from what I've read, I don't think Canada hasPIP anyway......

Question: Is it wise to just settle for my car when I first meet her, and to tell her that we'll talk injuries another day?

YES, as I said, I don't know about canadian law regarding injuries etc. Have her fully explain the process. And think on it awhile, talk over with your folks. Then you can explain it to us! :? :lol: Really, though I would like to have some understanding myself!

Please do let let us know....

Posted: Tue Dec 18, 2007 09:37 pm Post Subject:

Hey, Just a little update!

So I was offered $2400 for my car. (My parents were pulling for $3000). I told the insurance representative that we felt that $2400 wasnt enough for us and she ended up offering $2600 saying that was the highest they'd go. So I took her offer of $2600 and signed the papers.

About Injury, she told us to contact her whenever in the next few days/months ahead (up to 1 year) to talk about injury.

Here in Alberta, we have a maximum cap of $4000 for minor
injuries involving soft-tissue damage, such as whiplash and sprains.

I'm wondering whats the maximum amount of money of that $4000 will I be able to recieve without involving a lawyer.

Thanks! :D

Posted: Tue Dec 18, 2007 10:19 pm Post Subject:

Tyler gotta tell ya' i'm not versed at all in Canadian law, but would suppose it will have to do with what your medical expenses are as well as any time off work (as ordered by a doc) and length of time you were in acute, and chronic pain....Any other Canadian's out there?

Total Comments: 6

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