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Lessons Learned From a Major Accident

Discussion in 'Gen 3 Prius Main Forum' started by phartin, Nov 25, 2009.

  1. phartin

    phartin Cookie Monster

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    I apologize in advance that this post is so long, but I promise there's some good info in here that I wish I'd known before the accident, and I'm sure the replies will have lots of good info too.

    First, the background story. In mid-August, after 2 months and 3000 miles with SNEAKR, my blue PIII, a woman turned left in front of me as I was going straight through a green light. She realized that it was her fault, but once the cops showed up, she tried to claim that she had a green arrow (she didn't). She also made this claim to the insurance companies.

    Lesson #1: Always get witnesses. Even though the entire intersection was shut down for a few minutes, nobody stopped to give me their info. If this were to happen again, as soon as I knew nobody was hurt, I'd be walking up to the cars sitting at the light and asking if they saw what happened.

    Next it went to insurance. Since she lied about the green arrow, I figured her insurance wouldn't accept liability, so I went through my own insurance. Later on the police report came out and her insurance accepted liability based on that, but we were already into the repairs. The repair estimate was $15.5k initially, slightly below the total loss level.

    Lesson #2: The repairs will always be more than the original estimate on a severe accident. My repairs skyrocketed up to $19.4k, which is WAY above the total loss value.

    I was glad at first that they didn't total the car because it would have taken months to get another one due to the demand, and I'd surely be out a couple grand because my car wouldn't be worth what it was brand new. However, after what I've dealt with, it would've been far better to just take the hit of a couple grand rather than deal with diminished value claims on my car.

    Lesson #3: If it's anywhere near the total loss level, tell them that you insist on them totalling it. If there's significant frame damage, tell the insurance that it's not possible for it to be repaired to pre-loss condition and that you won't accept the repairs, even if they meet industry standards. My car should never have been repaired in the first place, and if I had insisted up front that they total it, I'm betting they would have.

    For the diminished value claim, I hired a professional who found that because of the accident, the value of the car had dropped from $23k to $12k. I put in the claim to her insurance, and they came back claiming that it only lost $1500 in value. I later found out that to get that number, they called 3 dealerships and lied about the condition of the car, claiming that it had only $8k in body work done and no frame damage.

    Lesson #4: At least in Texas, the laws protect the insurance company a lot more than they protect you. If the company refuses to pay a reasonable amount for diminished value, your only option is to sue their policy holder. If that happens, a lawyer is likely going to take 40% of the award, and you can't sue for attorneys fees in that case.

    Currently, I'm taking up the case against my insurance for the fact that they fixed the car when they should have totalled it and now because of that decision I'm stuck with a car that doesn't drive the same as it used to, but I'm way upsidedown on the loan now and can't get rid of the car.

    Lesson #5: Find a professional. You can't get the insurance companies to budge because they know all the tricks to get their way. You need to hire somebody who knows how to handle it. Most lawyers won't even bother taking cases like this because they're low dollar, unless there is also a bodily injury claim. I had my diminished value appraiser recommend a couple lawyers that he has worked with and was able to find one who can help me.
     
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  2. spiderman

    spiderman wretched

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    Major bummer! Sorry to hear about all that but thanks for the good information. Hope everything else works out,
    Peter
     
  3. Judgeless

    Judgeless Senior Member

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    Thank you for posting that valuable information for all of us. You never know when it can happen to anyone of us.
     
  4. Radiant

    Radiant New Member

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    I feel for you. I hate car accidents. I will say I agree with get witnesses ASAP. First question, everyone OK? Second question, who saw this accident?

    I had my car totaled less than 20 days ago by a lady who ran a red light and T'd my husband's door. Luckly my car was only 3 years old and had lots of safety features, which saved us all. Totaled the car, no question. Not going into details on the whole insurance company fiasco as you have already gone through enough :rolleyes:

    Changed the way I drive - I somehow just don't trust the people with the red lights to stop anymore.
     
  5. Celtic Blue

    Celtic Blue New Member

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    That is when you should have called their bluff by saying, "SOLD!" Then ask them to cut you a check and you will hand over the title that day.

    Sorry to hear about your trouble and the accident. You are definitely right about getting witnesses. The responsible party often lies, so just assume they will from the beginning. I had a heck of a time tracking down the witness to my accident (in Texas) even though I got contact info at the scene, seems he and his girlfriend were hiding from his ex and wouldn't answer calls.

    Be glad you aren't also defending a lawsuit by the lying responsible party. That's a real PITA.
     
  6. Slovewell

    Slovewell New Member

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    The car really doesn't drive right? I wonder if you could keep returning it complaing it pulls to one side or whatever you have noticed as a problem.
     
  7. Acre

    Acre New Member

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    In most California cities the police will no longer respond to an accident unless there are injuries and/or traffic control is necessary. No witnesses want to get involved. So if you live here forget about witnesses and forget about a police report. Neither are going to happen. And if you're smart - forget about collision insurance, even on a new car. Total waste of money. You'll almost never get the premiums back even if you have reason to use it. I carry basic liability only.
     
  8. R2Pre2

    R2Pre2 Feel the Force!

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    Thank you for sharing this experience with all of us. Lots of important points to keep in mind as this could happen to any of us.
     
  9. richard schumacher

    richard schumacher shortbus driver

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    Thanks for the cautionary tale. It's a reminder of the value of red light cameras in intersections: if there had been one at yours, the other driver might have been more careful and there would have been no accident, or if not you would at least have had proof of fault.
     
  10. toyolover

    toyolover Member

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    I learned from my past incident. The guy who hit me told the police the opposite than the truth. I asked the driver in the car which was behind me when I was hit. He said he didn't see it happen. There was no way this guy didn't witness it when I got hit. Anyways, the police took my word and charged the other driver. This is what I'd recommend if it happens to you:
    1) Keep a pencil and paper in the car. (Unlike ink pen which may got frozen in winter.)
    2) After being hit, make sure everyone in your car is not hurt.
    3) IMMEDIATELY identify the car which you think may witness the accident. In most cases, it is most likely the one behind your vehicle, or the vehicle facing you in the opposite direction. Memorize its license plate number - This is very important.
    4) Go get your pencil and paper and write it down. (If you can't find the pencil or paper due to the stressful situation, you may even want to use your nail to scratch on your skin lightly to record the license plate number of your witness. Then calm down and find something you can write on. The vehicle make, model and color will also help. )
    5) After recording the plate number above, go to ask the driver if he/she is willing to be the witness when the police arrive. It'd be nice if he/she can stay until the police come but if not, ask for the name & contact telephone number so that you can provide it to the police. If he/she is relunctant to provide you with the contact number, there is no need to insist doing so. Once you provide the police with the license plate, he/she will be contact by the police or by your insurance adjuster. There may even be a court order for him/her to show up in the traffic court.
    6) NOW, you may proceed to talk to the stupid driver who hit your car.
    7) Remember, no need to agrue with him/her as this individual may even come around and accuse you instead. If this happens, just say "I have no need to talk to you and I don't want to talk to you. You can tell the police whatever you want when they come." Calmly walk away from him/her and back to your car and wait for the police to arrive. DO NOT TELL this guy that you have the witness information.
    8) When the police arrive, explain the situation and provide your witness information.
    Once you have the witness info, your statement becomes so much more credible. If the person who hit you wants to twist the truth, he/she would not be providing the police with any witness info.
    The above procedure was recommended by a police friend and my unfortunate incident years ago proved it works.
    Hope you don't have to use it but it'd be nice to be prepared if it happens.
     
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  11. Tideland Prius

    Tideland Prius Moderator of the North
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    Just to add to toyolover, it probably helps if you create a "to-do list" beforehand, print out a copy or two and leave it in the car. That way, you don't have to remember what to do when you're in what is a stressful situation. Just read the notes you made for yourself and copy down the information.
     
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  12. dhs

    dhs New Member

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    Not in CA, but for VA, I strongly disagree with the Ins Advice


    1) If you only go with basic liability, make sure you have sufficient limits to protect your assets. I was in an accident (I was at fault) which would have destroyed me financially without the high liability limits (500k-1mil). The extra cost for that is $40/year

    2) Having collision means you have the option of dealing with your company instead of the other company (if they are at fault). I was hit in a parking lot (I was parked, out of the car, and witnessed the crash). Her insurance company would not return my calls, but they did return the calls from my insurance company.

    One thing that is important is to have a good insurance company
     
  13. cycledrum

    cycledrum PSOCSOASP

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    Oh darn, sorry for the lousy situation!

    I hear ya, in a major accident, push hard for total loss on vehicle, get paid, replace.
     
  14. Acre

    Acre New Member

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    Re: Not in CA, but for VA, I strongly disagree with the Ins Advice

    Totally agree on #1, especially here in the Bay Area. 12% unemployment or not there is lots of really expensive hardware flying down the roads around here. Then of course there's medical. #2 - yes, have a good company. I've been hit twice and had to deal with other companies. USAA was fantastic, settling everything and cutting me a check in less than 3 weeks. If I was military or from a military family I'd switch to then in a heartbeat. AAA - less so, taking about 6 months to settle things. Fortunately the amount involved was a few thousand dollars and not tens of thousands. Cost out collision though; it's REALLY expensive. And if you wreck your car, as has been noted already you'll get blue book and a salvage title on your car; you will not be "made whole."
     
  15. psu77

    psu77 New Member

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    Can you tell us who was your insurance company?
     
  16. Manolo1

    Manolo1 New Member

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    Red light cameras?
    For starters they are just a revenue generating scam and to end your suggestion the cameras would have been of no help as both cars had the green light.
    The difference is that one of the cars DID NOT have the green left turn light that gave her the right to turn...
    :eek:
     
  17. suirP0102

    suirP0102 the human hybrid

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    it does not hurt to have GAP insurance either. I got it on the Prius.
     
  18. Charlie Lear

    Charlie Lear Newbie Evangelist

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    If she had a green arrow, the oncoming light would have been red, and our poor Prius owner would have been snapped thus proving her case. If he had the green, and hadn't tripped the red light camera, then there is no way she could have had an arrow, thus proving his case.

    I don't mind red light cameras for exactly this reason. Speed cameras, on the other hand, don't get me started!
     
  19. toyolover

    toyolover Member

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    Thanks for the suggestion. I had one (an older version) in my car b ut will soon make a new one.

     
  20. PriusRos

    PriusRos A Fairly Senior Member - 2016 Prius Owner

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    In a situation like this, a cell phone camera would probably be even better. You can take pictures of ALL the cars in the immediate vicinity.