Hyundai Forums banner

1 - 13 of 13 Posts

·
Registered
Joined
·
261 Posts
Discussion Starter #1
Hey guys - sad day for me, my 100% perfect 2006 Sonata got rear-ended on Saturday by a Ford Ranger while I was stopped at a stop light. Damage is on the rear bumper (driver's side). Fortunately the dude had insurance and he is at fault 100%.

Now, I need suggestions/ advice as to what my rights are and what I should ask for (meaning frame damage inspection etc). Also, my kids were in the car in child seats, and I understand their child seats can't be used anymore. And the other guy's insurance is supposed to pay for it, right?

Also, what about diminished value of the car? I am in a at-fault state so I think I can sue the other party if they don't make it right.
 

·
Registered
Joined
·
1,084 Posts
QUOTE (spex @ Sep 13 2010, 09:32 AM) index.php?act=findpost&pid=355983
Now, I need suggestions/ advice as to what my rights are and what I should ask for (meaning frame damage inspection etc). Also, my kids were in the car in child seats, and I understand their child seats can't be used anymore. And the other guy's insurance is supposed to pay for it, right?
I think that applies more to front-end/side collisions than rear-end collisions. The structure of the child seats should not have been compromised since the car seat took most of the hit, the same as if an adult had been riding there instead. Probably want to check that the car seats are okay, but I would guess that child seats are undamaged.

QUOTE (spex @ Sep 13 2010, 09:32 AM) index.php?act=findpost&pid=355983
Also, what about diminished value of the car? I am in a at-fault state so I think I can sue the other party if they don't make it right.
Repair of car should put it back to original/like new condition, so there should be no diminished value. If that is not possible, or economically feasible, then insurance company would more than likely total car.
 

·
Registered
Joined
·
1,463 Posts
Usually this sort of thing is worked out between the two insurance companies - if you both have insurance. This assumes property damage only.

Did the other guy get a ticket for reckless driving, negligent collision, or whatever? If he did, it's not absolutely conclusive, but very likely so that his insurance company pays.
 

·
Banned
Joined
·
4,119 Posts
That's what insurance agents are for, to represent you against the other driver. As you yourself describe, you were 100% innocent, the other driver is at 100% fault, so I don't understand the hesitations here, you deserve to have your car inspected and repaired by the BEST body shop in your area, demand new, genuine parts ----- and you deserve to have your kids go thru MEDICAL TESTS to assure they were not hurt by the shock (if you say their child-seats were damaged, hey, what about their BODIES?!)....

How much will the other insurance company be willing to pay is NOT YOUR problem, being rear-ended while stopping at a stop light means automatically that you're at no fault, and you have to take care to get the MAXIMUM, and the BEST service.
 

·
Registered
Joined
·
2,212 Posts
There is something to consider. This will be reflected on Carfax which will diminish the value at some point in time. I'd push to have the car totaled if possible.
 

·
Registered
Joined
·
261 Posts
Discussion Starter #6
QUOTE (mamamia @ Sep 13 2010, 05:55 PM) index.php?act=findpost&pid=356088
That's what insurance agents are for, to represent you against the other driver. As you yourself describe, you were 100% innocent, the other driver is at 100% fault, so I don't understand the hesitations here, you deserve to have your car inspected and repaired by the BEST body shop in your area, demand new, genuine parts ----- and you deserve to have your kids go thru MEDICAL TESTS to assure they were not hurt by the shock (if you say their child-seats were damaged, hey, what about their BODIES?!)....

How much will the other insurance company be willing to pay is NOT YOUR problem, being rear-ended while stopping at a stop light means automatically that you're at no fault, and you have to take care to get the MAXIMUM, and the BEST service.
So, I took the car to two body shops, one that is a partner of Liberty Mutual (Abra) the other is a GM dealer that was recommended to me. They both said the bumper is reparable, and that's really all there is to it. However, once they take the bumper off, they will check for further damage and fix is there's any.

Liberty is buying two child seats (well, I am buying and they will reimburse, thankfully). That's really so far.

I am not involving my insurance just because I am worried these scammers would use it against me to raise premium even though I was not at fault.

The cops didn't even come to the scene. They just asked one of us to come to the station or go online and file a report - so no ticket. However, THANKFULLY, the other party told his insurance that he was fully responsible for the accident. I also took a video statement from him at the scene of the accident just in case the story changes later.

Thanks for all your advice. I have never had to use insurance to fix a car, specially someone else's insurance. I have heard horror stories about how they like to play hardball about paying the claim so I was a little concerned.
 

·
Registered
Joined
·
261 Posts
Discussion Starter #7
QUOTE (rmissourimule @ Sep 13 2010, 06:38 PM) index.php?act=findpost&pid=356096
There is something to consider. This will be reflected on Carfax which will diminish the value at some point in time. I'd push to have the car totaled if possible.
The damage is so minimal (visibly) that there is no way they would go for it. I mean, the body shop won't even get a new bumper - says the bumper is replaceable. But I am going to ask compensation for depreciation.
 

·
Registered
Joined
·
2,212 Posts
QUOTE (spex @ Sep 13 2010, 07:48 PM) index.php?act=findpost&pid=356100
The damage is so minimal (visibly) that there is no way they would go for it. I mean, the body shop won't even get a new bumper - says the bumper is replaceable. But I am going to ask compensation for depreciation.
Will you be filing a police report that would be reflected on the Carfax?

BE SURE that the material beneath the bumper is replaced. That is like the styrofoam in a motorcycle helmet. Once it has
been damaged it must be replaced. A lot of time unscrupulous vendors will just stick on a new bumper facia to make a bigger
profit but the bumper's ability to absorb the crash is severely impacted if not downright dangerous.
 

·
Registered
Joined
·
1,463 Posts
QUOTE (spex @ Sep 13 2010, 08:45 PM) index.php?act=findpost&pid=356098
I have heard horror stories about how they like to play hardball about paying the claim so I was a little concerned.

Here's a hardball story: I was parked behind a line of cars waiting for a red light to turn .

A guy who was heavily drinking rear-ended me, totaling both cars (I was driving a big '84 Buick LeSabre). The drunk gets a reckless driving ticket.

Guess what? His insurance company (state farm) refused to pay. State Farm said I was stopped in the road. Of course I was - there was a red light and a line of cars in front of me.

The insurance companies went to arbitration, and, of course, State Farm had to pay at that point.
 

·
Banned
Joined
·
4,119 Posts
If the other guy is fully 100% at fault, even admits it, and his insurance company pays the damages --- why would your insurance company hold it against you? That is not gonna happen. You have insurance to protect yourself against these situation, and there's no reason for you to deal with the other insurance company....

On the other hand I never heard of an insurance company compensating a car owner for depreciation.... They have the obligation to repair the car, no more.
 

·
Registered
Joined
·
1,463 Posts
QUOTE (mamamia @ Sep 13 2010, 10:56 PM) index.php?act=findpost&pid=356134
If the other guy is fully 100% at fault, even admits it, and his insurance company pays the damages --- why would your insurance company hold it against you? That is not gonna happen.
They might raise rates just for being in an accident. You might want to Google the subject of "reason codes" as it relates to auto insurance. This is a little known tool that the insurance companies use to gouge people.

They maintain a list of 30 or 40 "reason codes" to zap you with and raise your rates. The more obvious ones relate to alleged bad credit issues and things like how you pay your bills. You will only know if you have been nailed with a reason code at renewal time. They are required by the Fair Credit Reporting Act (FCRA) to notify you of any adverse action resulting in a rate increase.

TRUE STORY:

I leased a new car a couple of years ago, thinking I would improve my credit rating since I haven't financed anything in many years.

Well, at insurance renewal time, I was informed by the insurance company that I was guilty of two reason codes. Apparently, they treat car leases as installment loans.

No. 1. The "loan" balance was large.

No. 2. It was a "new" loan.

Of course the loan was both large and new -- I had just recently leased the vehicle.

I called the ins. company and harangued them for a half hour and I have never seen this nonsense again.

But -- beware of "reason codes" - It's a fairly recent scam. If you find a list of them on the 'net, they make for interesting reading.
 

·
Registered
Joined
·
261 Posts
Discussion Starter #12
QUOTE (mamamia @ Sep 13 2010, 08:56 PM) index.php?act=findpost&pid=356134
If the other guy is fully 100% at fault, even admits it, and his insurance company pays the damages --- why would your insurance company hold it against you? That is not gonna happen. You have insurance to protect yourself against these situation, and there's no reason for you to deal with the other insurance company....

On the other hand I never heard of an insurance company compensating a car owner for depreciation.... They have the obligation to repair the car, no more.
Mama - I wish life was that logical. If you were gouged - you'd fight and win. But most people won't fight the $50 or $100 increase and the insurance company will get away with it. That's why they do it.
 

·
Registered
Joined
·
40 Posts
I wasn't going to chime in, but after reading all the replies I decided it was best I did.

First and foremost, different insurance companies will do different things - that's why there's not ONE insurance company, nor government funded.

If you have liability only, there's a good chance your insurance company isn't going to do jack squat for you, except post a claim to the other company based on what you said. The agent most likely won't pursue any compensation for you, nor make a single phone call on your behalf. This is YOUR job.
Even if you have FULL coverage, you'd be an idiot to not take it into your own hands.

Now, it's hard to determine the level of damage done to your car based on your description, but there are rights you have --- however they change from state to state.
In *MOST* states, you have the right to choose where you want your car repaired. Do your research, and find a good one. I can tell you from experience, the dealership is a good cop-out, but most likely could care less about you. I do not advise going through them.

INSIST ON RETAIL PARTS if there's any damage to components. The body shop is most likely at the mercy of the insurance company, and will NOT fight for you - that is NOT their job!!!!! They are there NOT to mediate, but rather just do repairs based on what was approved. No different than if you went in with an axle and wanted it replaced, that's how they'll treat the insurance claim; insurance guy says "use this $50 one instead of the OEM $200 one" and the body shop will say "Yessir, right away sir."
Insurance companies are going to attempt to use OEM replacments, in order to reduce their costs. Pardon the language, but bend them over and give it to them where it hurts. I have fought this fight so often with my aftermarket suspension, intake, etc etc.

As for compensation for the child seats, I'm green on this one. I don't have children, but I do know that if something was damaged internally such as seat belts, air bags, etc., it is absolutely mandatory for them to fix them. It's a safety harness afterall!!! You should find your receipt (hope you still have it!!!) to prove the cost of the unit, or again they'll try to get you the walmart special.

I have once been compensated $1000 for "convenience matters." The story went like this: I fought and fought an insurance company to pay for my car and my medical bills, all the while the agent said "no no no"... I called his supervisor who stated if the agent deemed it as unnecessary, there was nothing for him to do. Having told him that he was useless as a being, I found his regional manager's number, who again stated the same thing. I had enough and went to the Texas Board of Insurance (TDI) (which btw every state should have, I believe it's required by federal law - but I might be wrong), who filed a formal complaint against the company. After 2 weeks of having submitted my final medical bills, and having paid out of my own pocket for EVERYTHING, the insurance company phoned me to say "we'll pay for your bills, plus another $1000 for inconveniencing you." I took it and didn't say a word.

Insurance companies should only raise your premium amount if you are at fault of a moving violation (running a red light/stop sign, driving intoxicated, hitting another car). Since you are not at fault, I'd find it REALLY difficult to believe they'd ever raise your premium.

BTW, YOU SHOULD INVOLVE YOUR INSURANCE COMPANY ALWAYS!!! You're naive to think they don't have it on file as it is. The other insurance company has looked up your license plate or vin, or even used information swapped directly from the other insured motorist. Your information is on file at your insurance company indicating you were in an accident - please don't think otherwise.

---
EDIT:

I read some more of what you said, and the bumper is repairable... What are they doing? Fusing it or replacing it?

What are the total estimated damages accrued from the accident?
 
1 - 13 of 13 Posts
Top