Hi all, I just bought my 2010 prius this past June. This morning I was rear ended by a school bus which caused extensive to my car. (see attached video) I am hoping the insurance company will say it is totaled because I don't want something so badly damaged to be fixed. Unfortunately there is a law in Ohio which says that government vehicles are immune and are not held responsible. I would like to get as much for the car as possible assuming it is totaled. It only has 16k miles on it and I just installed leather through classic soft trim. It was sold from the dealer in February 2011 and still has 1.5 years on the new car warranty. What should I do to make the most of my situation? http://video-static.clipsyndicate.com/zStorage/syndicaster2/154/2012/08/22/16/20/20120822161958.8688390.mp4?co_id=335&syndi_feed_id=91 Thanks in advance, Doug
Can you elaborate? Clearly the government has to cover the damages they caused, right? Or is this kinda like no-fault insurance where both vehicles' insurance covers repairs?
Thats totaled. And a long nightmare begins. How do you feel? Did you take your kid to the doctor? I recommend you take the kid to the doctor asap.
I would call an Attorney, ask a couple of questions. See what he says. If the city is self insured, you damn well know they are going to try their hardest to pay you the least amount of money they can! I wish you luck, hope it works out for you, let us know how it's resolved!
There is a law in Ohio called sovereign immunity which covers all government vehicles. From what I can tell my insurance would be responsible for everything. I'll be really ticked if my rates go up if this does, in fact, happen. Hopefully I will be able to get another Prius. Since my insurance company may have to pay for everything they will probably want to low ball me as much as possible. If the school district's insurance pays then I imagine my insurance would be willing to fight a little harder. I called a Toyota dealership and gave them the specifics of my car to see how much they would sell a car in that condition for. The salesman suggested that I look at prices across the country, document them, and present them to the insurance company. I have talked to a lawyer (a good friend of mine) and he is going to help on how to argue things. I will keep you all posted on what happens.
My son is fine. His seat was pushed slightly forward and the headrest snapped off, but he was in his car seat and was well below the height of the headrest. My ankle swelled up pretty badly but I didn't notice it until about 30 minutes after the accident. Things could have been much worse!!!
The sovereign immunity law of Ohio seems to be no more than a basic protection for its employees to prevent their being sued. It doesn't mean that your insurance must carry the lot. If you wanted to take civil action against the driver on the advice of Lionel Hutz, you would first have to prove maleficence. Note: I didn't study law; I did woodwork. Your insurance company should know what's what. Here's a link, copied from 2012 Ohio Caselaw Update | : Sovereign Immunity and Recreational Statute ImmunityMazanec, Raskin & Ryder Co., L.P.A. "In essence, it provides immunity to governmental entities from tort liability in all but a few specific instances. Additionally, it also generally provides immunity for government employees who are acting within the course and scope of their employment, as long as their actions were not done with malicious purpose, in bad faith, or in a wanton or reckless manner."
I wouldn't talk about the specifics of the accident due to legal implications but the video was confusing. It made it sound like there were two buses. One in front of the Prius which put out its stop signs and one behind the Prius which couldn't stop fast enough when the Prius stopped. Weird. Anyway, I wouldn't suggest trying to clear up my questions. I also agree with Brad. It sounds like a law meant to protect city/state workers but it doesn't relieve the city/state of responsibility.
Start shopping for another car. Look for asking prices for 2010 II's & add your upgrades. At cars.com a quick look shows private party good condition as $18244.
Things have turned out pretty well with the car situation. I was able to get a new 2012 Prius three. $23,751 +ttl.
Sorry to hear about the accident. Make sure you get reimbursed for the car seat since it was occupied. Most insurance companies use valuation companies such as CCC, audatex or Mitchell where they find comparable vehicles selling in the local area. Start looking at comps on auto trader with similar mileage will give you an idea of how much they will offer. Good luck SPH-D710 ? 2
Great. Sounds like things are settling down well. It's been a little more than a week since your initial post, and you're not yeowling with pain which is a good sign. I'm very glad that the kiddo seems to be OK as well. Juned99 made an excellent point about the car seat! Replace it. It's just like a M/C (or bicycle) helmet. Once you've been into an accident......it''s done. Yeah....I know. It's seemingly overkill, but really.... Replace it...and destroy the old one before you recycle/throw it away.
Update... Two weeks ago I purchased a new 2012 Prius three. It had a slight bit of hail damage, which they fixed before I picked it up. As a result they knocked off around $1200. (I had to buy it when gas was $4 so dealers were not inclined to lower their prices that much.) After the papers were signed I had to wait a few days between buying the car and driving it home. They originally quoted me two days, but it wound up taking four. I asked them if they would do anything for me because I had to wait longer than expected even though I knew they didn't have to do anything since the papers were signed. They threw In some blue Prius lights on the door edge and put on the inner and outer protectant (which I know is bunk, but it was free). I have had it now for a few days and love it. I like the extra bells and whistles that come with a 2012 three compared to the wrecked 2010 Prius 2. Thanks for all help and advice from everyone!
So can you tell us what the upshot of the insurance coverage was? Did the state cover anything? A similar situation happened to a student of mine this past summer in Colorado and the state didn't pay for anything.
It turns out that the bus company that hit me was an independent contractor so the sovereign immunity protection didn't apply. It is now just like any other car accident. One surprising thing that came out of this whole thing was that I received around $3500 more than what I bought my old Prius for two months ago. I knew I got a good deal, but it turns out I got a great deal. Too bad the car had to be destroyed to find that out!
damn! you are lucky to be ok (as am I.. check my post here) for what its worth, i have geico and they used CCC to value my car... gave me a very fair value... $15,500 for a 2012 Focus SES with 32,000 miles. almost EXACTLY what KBB valued it at.
