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2012 Prius w/SPORT Package SMASHED in Accident

Discussion in 'Gen 3 Prius Main Forum' started by Me Here, Nov 28, 2012.

  1. Me Here

    Me Here Member

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    I'm so sorry for your loss. It wasn't until I got older that that whole "driving is a privilege not a right." made complete sense to me. I think texting and talking on the phone should be illegal everywhere. Invest in bluetooth or hands free devices, it's not that expensive when you consider all the lives that could have been saved. Again I am terribly sorry for your loss, I do hope the at fault driver got the punishment they deserved.
     
  2. OceanEyes

    OceanEyes Active Member

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    Thanks - I don't know what is happening with the case - as long my mom's medical expenses are covered there is not much else that could be done.

    I work in education and the county sheriff's office always did a presentation for kids in the spring on texting and driving and drunk driving. The texting stories were always sad... the messages sent just before a fatal accident.

    Not to steal the thread but one last note - back a few years ago there were five girls in an SUV going to celebrate graduation and summer at one girl's lake cottage in upstate NY. The driver was texting, crossed into the oncoming lane and crashed into an 18 wheeler. The SUV exploded and burned and the girls could not get out. My oldest's sons friends were following the truck and tried to help... a teacher I worked with was a first responder and he called me because one of the girls went to school with my oldest. No phone call or message is worth that. I know it made the national news and this story happened a mile from my house.

    Hope you get the situation with your Prius cleared up... it's bad enough to have to go through the accident part without having to deal with the hassles you are going through. Best wishes....
     
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  3. Me Here

    Me Here Member

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    While the whole thing is frustrating I am quite glad that my better half and I were not seriously injured. In the past I've always been alone in the car when I've been hit. Having your family in the car changes the whole situation, I can't even imagine being on the outside of it happening; them being in an accident without me. Cars were invented as a means of travel and now they are somewhere in the top reasons for injuries and deaths. I always think "you may not care about yourself and your family, but I care about mine." when I see some lunatic on the road driving like a maniac. Again I am sorry about your mother, and for anyone else who has lost their life for any reason, but for a life to be cut short is even more tragic.
     
  4. JMD

    JMD 2012 Prius 4 Solar Roof

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    Just a FYI my BMW was rear ended a few years ago and it pushed me into the car in front of me. Both air bags were deployed. The car that hit me was a Mazda 3. My BMW cost about 9K to repair and they had it about a month. The car was OK and I kept it a few years than when I was trading it in to the dealer the car fax report came back. I had to haggle with the dealer on the trade in value since a few dealers said since the car was hit it would be hard to resell on the Used car Lot and the car would need to go to auction. Just a FYI. It cost me about $2,000.
     
  5. Me Here

    Me Here Member

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    Are you saying it cost you 2k because they gave you 2k less than what it was deemed worth via kbb or nada?
     
  6. JMD

    JMD 2012 Prius 4 Solar Roof

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    The trade is value was 2K less that the fair KBB Trade Value. That was with haggeling with a few places. I did not have the heart to sell it private party since the car had problems.
     
  7. Me Here

    Me Here Member

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    2k is quite a hit. If the dealership I spoke to almost 2 months ago will still give me what they said for trade-in I'm still looking at about a 5k loss. Which is what all the diminished value claims "experts" and the lawyer I spoke with said would be my loss estimate. 5k-6k. That was only knowing the original estimate to fix the car, which originally was 10.5k that turned into over 13.5k.
     
  8. JMD

    JMD 2012 Prius 4 Solar Roof

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    At the end of the day I got 12K for the trade, and 3K off the MSRP of a new 33K car purchase. I took 6K in a check and paid a bill with it and 6K as a down payment. It was a good deal since my BMW was starting to cost me dearly for tires, tune up, maintenance and with 110K miles on it stuff will start to go wrong.
     
  9. Me Here

    Me Here Member

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    At least you made out okay in the end. I've got a State Farm rep coming out sometime soon to take a look at all the problems still wrong with the car and see what they say. To me it seems like the back and front must still be off because nothing is alining like it should. If they total it I'd be in a better boat than I would be with them making me keep it how it is.
     
  10. JMD

    JMD 2012 Prius 4 Solar Roof

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    When a car is hit that hard it loses it's safety and it will crumble like a tissue on the next hit. Tell him you don't feel safe in this car and your wife and children will not get in the car. Ask him to do the right thing and buy the car. It would not hurt to call a lawyer and get afree consultation and listen to what he tells you to say to the Insurance Adjuster.
     
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  11. Me Here

    Me Here Member

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    I've been playing the "safe" card since day 1. They don't do studies on collision ratings on a post accident car for a reason; it all depends on how well the repairs were done. I think the State Farm agent finally got it (9 e-mails and 4 phone calls later) and that's why she is sending someone out to inspect the repairs.
    I've actually got a lawyer on hand, we just happened to miss each others calls today. My hope is that he deals with the personal injury and property damage on a regular basis, most of them just deal with the personal injury so my fingers are crossed I get a 2 for 1. d: I hear that usually you are awarded 3x the amount that your medical bills were for personal injury claim, which wouldn't be a whole lot so I'm not even sure a lawyer would want the case, but I should find out more tomorrow.
    Between my better half and I they owe us about 1k in lost wages and since we can only get in certain times at the chiro that number keeps adding up as she has to leave work early (15 minutes here & 30 minutes there.) Also I'm asking for gas reimbursement since the Prius gets 44% more MPG than the rental they gave me, so they owe me $150+ for that. Today I asked my better half if Henry (our dog) gets $ for his pain and suffering, for the last 7 weeks he has been stuck at home because pets are not allowed in a rental and if they find out you had one they charge you (me personally with the CC on file) $150! First thing we did when we got the hunk of twisted metal back last week was drive him to the dog park.
    Off subject, I see you have the solar roof...if you don't mind please do tell me more about this. I hear it has something to do with the a/c...:)
     
  12. JMD

    JMD 2012 Prius 4 Solar Roof

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    The solar roof operates on solar power. When the outside temperature exceeds 70 degrees the blower circulates air. It keeps the inside temperature the same as the outside thus avoiding the greenhouse effect. Great feature for the summer. That upgrade is also bundled with the upgraded stereo and larger nav screen. Worth it.
     
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  13. OceanEyes

    OceanEyes Active Member

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    I call it my "hot flash detector.":D Nothing like coming back to the car after a run and you sit down, close the door and the air kicked on without any prompts from me. I have said before the only thing the Prius doesn't do is fetch my slippers... I heard I can get a Keurig installed so that takes care of the coffee...:love:
     
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  14. Me Here

    Me Here Member

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    I haven't been on here long, whats different about the stereo? How much bigger is the nav screen? I find it so irritating that in certain light I can't even see my screen because of the reflection.
     
  15. JMD

    JMD 2012 Prius 4 Solar Roof

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    I'm sure some nice guy wouldn't mind getting your slippers every day :)
     
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  16. JMD

    JMD 2012 Prius 4 Solar Roof

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    If you stop by the Toyota Dealer and grab the Prius Brochure. It offers good information of models and options. The Bigger screen is maybe 2" (Don't quote me for acccuracy). If you see the screen you will think the smaller screen is not big enough to enjoy the nav and all the data points displayed. I originaly looked at the IV without the solar, bigger screen and upgraded radio and decided not to purchase. When I went back and looked at the upgrade I made the purchase. It was worth it. The stereo is more wattage and more speakers. It is good, but I'm sure some audiophile will think it is inadequate and upgrade with a aftermarket power amp etc. the upgraded stereo is a nice feature with the Sirrus and Streaming Bluetooth. The solar roof also gives you HUD (Heads up Display) it can put on your windshield in a green graphic the MPH or the MPH and Eco Meter. Nice to have. After a while you don't notice it.
     
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  17. Veloist

    Veloist Junior Member

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    Sorry about the crash...my BP 2012 Prius 5 with Plus+ body kit was also recently in a collision with only 3038 miles. the other party's insurance--farmer's--wanted to put on a reconditioned bumper from a totaled car and change the door skin only, and perform paintless dent repairs. Fortuneately, the body shop encouraged us to refuse their cost-cutting approach.

    I have a question...how well did the blizzard pearl white blend?
     
  18. 2k1Toaster

    2k1Toaster Brand New Prius Batteries

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    First, I am no lawyer. But from what I understand about US law:

    The 3:1 medical to personal injury is just a ball park. It could be nothing with one and lots on the other or the other way around. If you suffered a medical injury that is life long or sustaining, or even disfiguring, the bill might only be a few hundred dollars, but the personal injury may be orders of magnitude more. Also keep in mind that if you have insurance, and you went to the hospital and paid a $100 copay, and the insurance company paid $5000 to the hospital, you can collect $5100 in medical expenses but must pay the $5000 to the insurance company. Keeping it is fraud and they would go after you. So don't try to game anything.

    You don't get lost wages most of the time. Especially for getting estimates or going to court. If you hit Bill Gate's car, and it takes him an hour to get an estimate for the damage, and he could sue you for that, you would be bankrupt. Everyone is treated equally meaning just because you are a neurologist and not a walmart greeter you can't collect more.

    Gas reimbursement should be possible. They will probably use EPA numbers. So if you were hypermilling before and getting 60mpg, and now you get 30mpg, they won't give you 30mpg difference.

    Dogs are property, not beings with feelings and pain in the eyes of the law. As with all pets. So no pain and suffering is possible. No loss of enjoyment or anything like that. Carting a dog around to a dog park is not an expense you can claim. Dogs as property do not need entertainment. They only need the basic staples of life and as long as they are not being abused or neglected, there's nothing more that can be done. If (a silly example) the rental car disallowed you to transport dog food in the vehicle, then you would be entitled to the cost of arranging alternate transport of shipping of the food for the dog because the dog is required to eat. Just a silly example to show a point.

    And a lawyer will take any case that you pay for. The lawyers that work for free and only get paid when you do, are going to be the personal injury lawyers who don't really know much about the law other then getting people to call them and they run the same game every time. If you want someone capable of thinking, you will need to actually hire a lawyer. They will usually take any case, as long as they get paid by you. In some cases if you win, you are entitled to reasonable lawyer fees. Some contracts (like insurance companies) say that no matter what, they won't pay for your lawyer. Something to look into. Another avenue if your claims are less than your states statutory maximum for small claims court, is to take them to small claims yourself. Usually a $30 - $50 fee for filing, and then nobody is allowed to be represented by a lawyer. You represent yourself. If suing the insurance company, they will probably send a lawyer, but they are a lot more lenient and forgiving.
     
  19. Me Here

    Me Here Member

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    I'm big on having a nice stereo. Always have been. As for the blend...so far so good. Oddly enough the new paint made the tow bar look almost off white. The car was nearly re-painted all the way, everything but the roof I believe so my fingers are crossed if I am made to keep it for the time I have it (which won't be long) it will be just fine. Years down the road though I don't know.

    The dog thing was a joke, but the wage thing was not. I've already filled out a form sent by State Farm so we can recoup the lost money. To me that seems standard and I've been in 2 other not at fault accidents and have always been able to get reimbursed for lost wages. It's also something the lawyer mentioned that a lot of people don't realize they can do.

    The lawyers I've talked to in the past (and my better half works for one) won't take a case unless they get something substantial out of it. I've talked to a couple lawyers who offered up free advice, but thought it'd be more cost effective if I handled it on my own. In the end they were right because in the other 2 accidents my settlement totals were maybe 10k which I deemed fair for lost wages/pain/suffering.

    I do think there are people out there who fake and act hurt when they truly are not and try to scam. Thankfully here in SC when you are rushed to the hospital via ambulance and have no insurance they cap your bill at $300. Also by the time I got my bill State Farm had taken liability so the only thing I've paid for out of pocket is lost wages, extra gas, and a prescription.

    I believe myself to be pretty honest with the insurance company, I'm not keeping track of my time at the chiro or the miles I drive there and back (all things you can get reimbursed for.) I even picked a body shop and a chiropractor that are on the drive home from work so I don't have to go too far out of my way; though I could be keeping track how far each time and once again get reimbursed. I've tried to make it clear to State Farm that all we really want is to be made whole again on the car, but if they don't pay me what they should in diminished value I will have no problem recouping that money through the personal injury portion.

    What I found out by talking to a lawyer is: Generally most small personal injury claims don't make it to court. (We weren't badly injured.) It can take a year for it to be heard in the courts and usually for small claims court it varies by state, but is usually around the 5k mark.
     
  20. OceanEyes

    OceanEyes Active Member

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    Awesome thought but no takers to date.

    Plus I don't think I want to share my Prius. :rolleyes:

    That and real horsepower in the backyard scares the faint of heart away. :D And I mean, real, horse, power.
     
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