destroyed!
Registered User
Joined: Oct 2002
Posts: 719
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From: UK
One Word - Sue!
In the UK we have a Govt. TV ad for rear seat belts. It shows a driver being killed by the impact of her child being thrown forward into the driver's seat. It gets the point through.
She is lucky to be alive. The only way to punish her is through the lawyers.
Get a full check up, the Z can be replaced (I feel for you about the repair route) but life is short & humans are fragile.
In the UK we have a Govt. TV ad for rear seat belts. It shows a driver being killed by the impact of her child being thrown forward into the driver's seat. It gets the point through.
She is lucky to be alive. The only way to punish her is through the lawyers.
Get a full check up, the Z can be replaced (I feel for you about the repair route) but life is short & humans are fragile.
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Posts: n/a
My wife just wrecked a new bettle that I had bought for her in Oct. 2002. She was going to work one morning and went off onto the shoulder for about 200 ft and when she came back on she overcorrected, hit the shoulder on the other side with the drivers front of the car and started her in a roll. She rolled it 3 times. Luckily for her she had her seat belt on. We had not even made a payment on the car when she rolled it. I believe the only reason they declared it a total was the unibody was bent in the rear around the spare tire area. Dont get me wrong, the whole car was pretty messed up. What my insurance company did was they looked around in the area for similarly equipped car and found what they were selling for on the lot and deducted for what little mileage we had put on it. They come back with an offer that was way too low so I refused. I got a call that same afternoon with another offer for about 250 less than what we paid for the car, and they we have had no problems with them paying the hospital bills or wage compensation issues. I hope you have similar luck with your situation and consider yourself lucky that you were not hurt badly.
...that wasnt cool at all!! but look at the bright side, you werent hurt. Hope you will get over this nightmare soon. Good luck.
Registered User
Joined: Jan 2003
Posts: 227
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From: Phunkland
Glad to hear that you and your wife are ok.
Sorry about your car though.
Concerning getting a lawyer:
If you do not require much additional medical treatment, stay away from a personal injury attorney. You need to find a reputable lawyer that will sue the resposible party/her insurance, and give you some more muscle in negotiating the settlement.
Start looking for one now, if you have a friend that knows an attorney, use that attorney to get a referral to one who specializes in this sort of thing (Property damage/ liability/ insurance/ fraud.)
Don't hire the attorney until the insurance company presents you with a poor settlement. Let them know that you will review it and get back to them. Ask them to secifically indicate the appeal review process -- they usually have some sort of letter. Take a copy of the settlement letter and the appeal prcess letter, have it reviewed by the attorney at your first meeting. Expect the attorney fees to be from 10 - 25% of the total pay out.
The attorney will coordinate the dispute with the insurance that their damage estimate is insufficient.
You have to weigh the cost of serious legal power. My guess is that it is probably worth it.
Good luck.
Sorry about your car though.
Concerning getting a lawyer:
If you do not require much additional medical treatment, stay away from a personal injury attorney. You need to find a reputable lawyer that will sue the resposible party/her insurance, and give you some more muscle in negotiating the settlement.
Start looking for one now, if you have a friend that knows an attorney, use that attorney to get a referral to one who specializes in this sort of thing (Property damage/ liability/ insurance/ fraud.)
Don't hire the attorney until the insurance company presents you with a poor settlement. Let them know that you will review it and get back to them. Ask them to secifically indicate the appeal review process -- they usually have some sort of letter. Take a copy of the settlement letter and the appeal prcess letter, have it reviewed by the attorney at your first meeting. Expect the attorney fees to be from 10 - 25% of the total pay out.
The attorney will coordinate the dispute with the insurance that their damage estimate is insufficient.
You have to weigh the cost of serious legal power. My guess is that it is probably worth it.
Good luck.
jssz : First of all, my condolences on your accident. It really must suck to have a new car smashed like that. But, as I'm sure you realize, it could have been so much worse. You or any passenger in your car could have been seriously hurt or killed. Two children also could have been seriously hurt or killed. As appalling as the actions of this woman were, she too could have been killed, and no mistake is worth someone's life.
We buy insurance for all kinds of things. You bought it for your car. When you buy it, you sign papers, usually without reading the fine print. Despite what you may feel the car is worth or despite the fact that you feel you should get a new car (hell, I would too), it just isn't going to happen. If it is cheaper for the insurance company to fix, that is what they'll do. That is all they are legally obligated to do. Maybe if you would spend 5K per year on premiums, you'd get someone to write you a "replacement" policy, but as always, you get what you pay for.
Finally, you guys are basically trying to tell jssz to commit a crime! Insurance fraud is illegal (last time I checked) and going to a doctor and basically faking an injury is not only legally wrong, but it is also morally wrong. Being the victim of a "crime" doesn't justify committing one yourself.
We all complain about how much everything costs and how much insurance costs. Guess what everybody? THIS is why. It's because a huge number of people do exactly what you are telling jssz to do. Commit insurance fraud. He wasn't seriously hurt (that goodness). To go to a doctor and fake it is almost as wrong as driving drunk.
I am now stepping down from the soapbox.
Good luck with whatever you do jssz!
We buy insurance for all kinds of things. You bought it for your car. When you buy it, you sign papers, usually without reading the fine print. Despite what you may feel the car is worth or despite the fact that you feel you should get a new car (hell, I would too), it just isn't going to happen. If it is cheaper for the insurance company to fix, that is what they'll do. That is all they are legally obligated to do. Maybe if you would spend 5K per year on premiums, you'd get someone to write you a "replacement" policy, but as always, you get what you pay for.
Finally, you guys are basically trying to tell jssz to commit a crime! Insurance fraud is illegal (last time I checked) and going to a doctor and basically faking an injury is not only legally wrong, but it is also morally wrong. Being the victim of a "crime" doesn't justify committing one yourself.
We all complain about how much everything costs and how much insurance costs. Guess what everybody? THIS is why. It's because a huge number of people do exactly what you are telling jssz to do. Commit insurance fraud. He wasn't seriously hurt (that goodness). To go to a doctor and fake it is almost as wrong as driving drunk.
I am now stepping down from the soapbox.
Good luck with whatever you do jssz!
Registered User
Joined: May 2002
Posts: 456
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From: Raleigh, NC
jszz,
I'm very sorry this had to happen to you. It was totally needless and should NOT be called an accident. If I had my way, drink drivers who caused an accident would see a month of jail time. Suspending their license often doesn't deter them from driving without a license.
We had a situation in Raleigh where a guy lost his license for drink-driving and then was convicted four times for driving without a license. Finally, things came to a horrible end when, while drunk at the wheel, he killed a four year old girl and her mother when he crashed into their minivan.
I HATE DRUNK DRIVERS!!! And i'm not talking about people who have just had a drink or two. I'm talking about people who can hardly stand up, but, for some reason feel they can drive a 3000lb object at 50mph).
I hope this gets resolved in your favor. Good luck!
Fly
I'm very sorry this had to happen to you. It was totally needless and should NOT be called an accident. If I had my way, drink drivers who caused an accident would see a month of jail time. Suspending their license often doesn't deter them from driving without a license.
We had a situation in Raleigh where a guy lost his license for drink-driving and then was convicted four times for driving without a license. Finally, things came to a horrible end when, while drunk at the wheel, he killed a four year old girl and her mother when he crashed into their minivan.
I HATE DRUNK DRIVERS!!! And i'm not talking about people who have just had a drink or two. I'm talking about people who can hardly stand up, but, for some reason feel they can drive a 3000lb object at 50mph).
I hope this gets resolved in your favor. Good luck!
Fly
Registered User
Joined: Oct 2002
Posts: 185
Likes: 0
From: Richland Hills, TX
because of the mileage of your car and the fact that it wasnt your fault i would demand that they total it. if the do not total you have the option of diminished value. diminished value is they would have to cut you a check after the repairs are paid for as your car will not be worth as much now as it was before it was damaged.
Registered User
Joined: Nov 2002
Posts: 11
Likes: 0
From: western pa
jssz
Sorry to hear about your accident. Thank GOD no one was hurt or worse. I hope the woman has learned from this and will get her life turned around.
Unfortunately for you, the deal with your Z is a no win situation. If it is repairable, a quality body shop can screw it back together. It may look factory fresh BUT its still been crunched. If your Z is financed and the insurance company totales it, you'll be "upside down". Because of finance charges, you will owe the bank more than you paid for your car.
Wish you and your wife the best and let us know how things play out.
Acey
Unfortunately for you, the deal with your Z is a no win situation. If it is repairable, a quality body shop can screw it back together. It may look factory fresh BUT its still been crunched. If your Z is financed and the insurance company totales it, you'll be "upside down". Because of finance charges, you will owe the bank more than you paid for your car.
Wish you and your wife the best and let us know how things play out.
Acey
Registered User
Joined: May 2002
Posts: 613
Likes: 0
From: Los Angeles
Re: jssz
Originally posted by acey
Sorry to hear about your accident. Thank GOD no one was hurt or worse. I hope the woman has learned from this and will get her life turned around.
Unfortunately for you, the deal with your Z is a no win situation. If it is repairable, a quality body shop can screw it back together. It may look factory fresh BUT its still been crunched. If your Z is financed and the insurance company totales it, you'll be "upside down". Because of finance charges, you will owe the bank more than you paid for your car.
Wish you and your wife the best and let us know how things play out.
Acey
Sorry to hear about your accident. Thank GOD no one was hurt or worse. I hope the woman has learned from this and will get her life turned around.
Unfortunately for you, the deal with your Z is a no win situation. If it is repairable, a quality body shop can screw it back together. It may look factory fresh BUT its still been crunched. If your Z is financed and the insurance company totales it, you'll be "upside down". Because of finance charges, you will owe the bank more than you paid for your car.
Wish you and your wife the best and let us know how things play out.
Acey
I've been in a few accidents. GET A LAWYER!!! I didn't in my last accident, because it felt sleazy (I was part of the problem with runaway lawsuits, tort problems, etc.) but what ended up happening is I settled with the other person's insurance company for far less than I deserved.
GET A LAWYER!!!
Registered User
Joined: Aug 2002
Posts: 222
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From: jax, fl
Doc Bonz is right
Re-read his post again - in spite of his Zaino addiction and a tendency to overpimpout his Z (don't try that word on a Scrabble board), the man speaks the truth.
Driving drunk is stupid, irresponsible, and just wrong to do -
faking an injury to collect money is unfortunately in this society, apparently, "smart" - but any 5 year old could tell you that it's just as wrong as driving drunk.
And no, I don't work for an insurance company, nor am I a lawyer that represents people on either side of things like this.
I really AM sorry to hear about your car, but trust karma on this one, man - don't settle for less than a fair deal, but if you fabricate an injury or otherwise lie - it's my personal opinion that **** like that always comes back on you...
Would you have sued Mcdonald's for millions if you spilled hot coffee in your crotch? If you could truthfully answer yes and not have problems sleeping at night, then go ahead, but I just can't see it.
Just my .02.
Good luck, and be careful, I'm glad you're OK.
Driving drunk is stupid, irresponsible, and just wrong to do -
faking an injury to collect money is unfortunately in this society, apparently, "smart" - but any 5 year old could tell you that it's just as wrong as driving drunk.
And no, I don't work for an insurance company, nor am I a lawyer that represents people on either side of things like this.
I really AM sorry to hear about your car, but trust karma on this one, man - don't settle for less than a fair deal, but if you fabricate an injury or otherwise lie - it's my personal opinion that **** like that always comes back on you...
Would you have sued Mcdonald's for millions if you spilled hot coffee in your crotch? If you could truthfully answer yes and not have problems sleeping at night, then go ahead, but I just can't see it.
Just my .02.
Good luck, and be careful, I'm glad you're OK.
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