Sister wrecked my car.. What's next?

#1
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Hayezb

Vols to the Wall
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#1
I need some advice on what steps to take next, because I've never been involved in an accident or had one of my cars involved in one.

My sister was driving my car to school in Cookeville and had someone hit the front left side of the car. She was driving down a 4 lane road ( 2 lanes going each direction with a turn lane in the middle) and the car in lane next to her stopped to let someone pull out of a Wendy's. The car pulling out of Wendy's went into her lane and hit my car. There were no stop lights or stop signs so it is their fault.

They will not claim responsibility even though the officers on the scene said it was not my sister fault, it was all on them. Well, of course they won't answer phone calls and did not provide insurance information at the scene so I'm assuming they didn't have any.

I've started a claim with my insurance company but will not pay the deductible or the towing expense because it's not our fault. Part of my benefits package from work is free legal, the lawyers are in California but will come out here if I call them. Is that my next step?

Also, for the car gurus out there... When we went to look at the car it looked like all cosmetic damage to the front bumper, hood and left quarter panel. Then we realized you had to turn the steering wheel upside down to go straight, if you let go it veers hard to the left. You have to put muscle into turning the car too. Then there's the grinding noise... its awful. Honest, I really hope it's totaled.
 
#3
#3
knucklehead_vol said:
What year and model?
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2012 Forte Koup. I bought it brand new for $21k in November 2011 and according to KBB it's worth around $6k now.

I almost threw up when I read that number.

We also noticed the right headlight and quarter panel are not lined up with the rest of the car. Half of their car hit the left wheel, looks like the jolt knocked some things off.
 
#4
#4
Your insurance should take care of it. Some lady totaled my car and tried to blame me but the cop wrote her a failure to yield ticket. I've got Geico and all it took was one call. They deemed the car totaled b/c the airbags blew. You probably shouldn't be driving it. I got a check a few days later and a new car a within a week.
 
#5
#5
Was a police report done? If so, their name has to be on it. Part of the job of your insurance company is to get that report (if there is one) and if the person who was at fault does have insurance, your insurance company will subrogate against their carrier. If they don't have insurance, your insurance company can sue them. Again, having a name is key, obviously, but if that is in the police report, you (your insurance company) should be able to sue them and get the damages paid for.

Since you had to file, I'm sure they are asking you to pay for some things but all of that should be paid back to you. It's a headache but if you have a reputable insurance provider it shouldn't be much of a problem.
 
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#7
#7
Hayezb said:
2012 Forte Koup. I bought it brand new for $21k in November 2011 and according to KBB it's worth around $6k now.

I almost threw up when I read that number.

We also noticed the right headlight and quarter panel are not lined up with the rest of the car. Half of their car hit the left wheel, looks like the jolt knocked some things off.
Click to expand...


Probably totaled. 6k would be the labor alone I would think.
 
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#8
#8
Most people don't realize police in Tennessee do not find fault because most officers are reconstructionist. So it falls on the insurance companies to do it. You will be fine. You filed a claim.your insurance company will handle the rest
 
#9
#9
Hayezb said:
I need some advice on what steps to take next, because I've never been involved in an accident or had one of my cars involved in one.

My sister was driving my car to school in Cookeville and had someone hit the front left side of the car. She was driving down a 4 lane road ( 2 lanes going each direction with a turn lane in the middle) and the car in lane next to her stopped to let someone pull out of a Wendy's. The car pulling out of Wendy's went into her lane and hit my car. There were no stop lights or stop signs so it is their fault.

They will not claim responsibility even though the officers on the scene said it was not my sister fault, it was all on them. Well, of course they won't answer phone calls and did not provide insurance information at the scene so I'm assuming they didn't have any.

I've started a claim with my insurance company but will not pay the deductible or the towing expense because it's not our fault. Part of my benefits package from work is free legal, the lawyers are in California but will come out here if I call them. Is that my next step?

Also, for the car gurus out there... When we went to look at the car it looked like all cosmetic damage to the front bumper, hood and left quarter panel. Then we realized you had to turn the steering wheel upside down to go straight, if you let go it veers hard to the left. You have to put muscle into turning the car too. Then there's the grinding noise... its awful. Honest, I really hope it's totaled.
Click to expand...

You're going to pay your deductible. If the other party doesn't have insurance, this goes in as a no-fault claim and your car will get fixed, but you're still going to pay your deductible.

Keep in mind you still pay your deductible if your car gets stolen, or if a tree falls on it, even though neither of those things are your fault.
 
#10
#10
Don't call an attorney. Don't call the other party. Let your insurance company handle it and then subrogate against the other driver. You'll owe your deductible since it's a collision or UM claim on your end, but you'll get that back if the other driver pays up.
 
#11
#11
vol445 said:
Most people don't realize police in Tennessee do not find fault because most officers are reconstructionist. So it falls on the insurance companies to do it. You will be fine. You filed a claim.your insurance company will handle the rest
Click to expand...

This isn't entirely correct. Each driver will be assigned contributing actions. You should see none next your sister, and the other party will probably have a notation of failure to yield right of way. From an insurance standpoint, that is what will be used against the other party. If they did not have insurance, this should go under your uninsured motorist. $200 deductible for Tennessee. If you do not carry UM, they could also settle under collision if that coverage exists. Good luck!
 
#13
#13
If you have uninsured motorist your car will be covered but unfortunately they'll subtract your deductible from the check they write you. If they had no proof of insurance the cop should have written them a ticket right there. Did you notice if this ever happened? Also, insurance companies pay attention to what the police say on the report so if he gave blame to the other driver this will also help. Typically they'll send an insurance adjuster from your insurance company to your house, if the car isn't driveable, and they'll estimate the cost of repair. If it's totalled they'll write you a check for the blue book value of the car minus your deductible, in my experience it's been the higher blue book value that is listed. If it can be repaired they will cut you a check for the repair cost minus your deductible. They'll either instruct you to take it to one of several repair shops that they approve or they'll tell you to take it to wherever you want.
 
#17
#17
They probably don't have insurance. As long as you have uninsured motorist coverage your company should cover it.

Sueing probably won't be worth the time. If they can't afford basic liability then they have nothing to sue for. You'll get judgement and never see a dime anyway.
 
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#18
#18
Hayezb said:
I need some advice on what steps to take next, because I've never been involved in an accident or had one of my cars involved in one.

My sister was driving my car to school in Cookeville and had someone hit the front left side of the car. She was driving down a 4 lane road ( 2 lanes going each direction with a turn lane in the middle) and the car in lane next to her stopped to let someone pull out of a Wendy's. The car pulling out of Wendy's went into her lane and hit my car. There were no stop lights or stop signs so it is their fault.

They will not claim responsibility even though the officers on the scene said it was not my sister fault, it was all on them. Well, of course they won't answer phone calls and did not provide insurance information at the scene so I'm assuming they didn't have any.

I've started a claim with my insurance company but will not pay the deductible or the towing expense because it's not our fault. Part of my benefits package from work is free legal, the lawyers are in California but will come out here if I call them. Is that my next step?

Also, for the car gurus out there... When we went to look at the car it looked like all cosmetic damage to the front bumper, hood and left quarter panel. Then we realized you had to turn the steering wheel upside down to go straight, if you let go it veers hard to the left. You have to put muscle into turning the car too. Then there's the grinding noise... its awful. Honest, I really hope it's totaled.
Click to expand...
Use your insurance.

You do not have the option of refusing to pay your deductible, because its in your contract (policy). You do not have the option to refuse payment of the towing, because the guy who towed it deserves to be paid, and he can't be expected to sue the other driver to get his money. That said, towing coverage on your policy costs like a dollar a month. I have no earthly idea why you would buy a policy that doesn't have it. Your fault, but now you know better.

That's it. That's how it works if the other driver has no insurance. Your insurance company will seek reimbursal. If the other driver has coverage, they will subrogate. Chances are, if the other driver has coverage, once they accept liability your company will likely front the deductible pending arbitration (unless you have one of those ****ty non standard insurance policies from safeway, geico, etc).

Other option: have fun with small claims court trying to get blood from a turnip
 
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#21
#21
Well... somehow the damage is only going to cost $3,232 to repair. They said the impact knocked the car out of alignment and that's why the steering wheel is jacked up. The car still hasn't been put up on a lift yet so hopefully they will spot some more damage there.

Right now I'm at about 65% of the cars value in repair. Was really hoping to have it totaled since the car wasn't worth **** and will only be worse now. It's between $4,700 and $5,200 depending on what website you look at ( KBB, NADA, etc... ).

Does anybody have USAA? Really hope they say it'll cost more to fix. The guilty party finally started answering phone calls and caved in to it being their fault. Hopefully they get me in a nice rental car!
 
#22
#22
Hayezb said:
Well... somehow the damage is only going to cost $3,232 to repair. They said the impact knocked the car out of alignment and that's why the steering wheel is jacked up. The car still hasn't been put up on a lift yet so hopefully they will spot some more damage there.

Right now I'm at about 65% of the cars value in repair. Was really hoping to have it totaled since the car wasn't worth **** and will only be worse now. It's between $4,700 and $5,200 depending on what website you look at ( KBB, NADA, etc... ).

Does anybody have USAA? Really hope they say it'll cost more to fix. The guilty party finally started answering phone calls and caved in to it being their fault. Hopefully they get me in a nice rental car!
Click to expand...

USA is a very good company. Glad you're able to work this through the other driver's liability insurance.
 
#23
#23
Hayezb said:
Well... somehow the damage is only going to cost $3,232 to repair. They said the impact knocked the car out of alignment and that's why the steering wheel is jacked up. The car still hasn't been put up on a lift yet so hopefully they will spot some more damage there.

Right now I'm at about 65% of the cars value in repair. Was really hoping to have it totaled since the car wasn't worth **** and will only be worse now. It's between $4,700 and $5,200 depending on what website you look at ( KBB, NADA, etc... ).

Does anybody have USAA? Really hope they say it'll cost more to fix. The guilty party finally started answering phone calls and caved in to it being their fault. Hopefully they get me in a nice rental car!
Click to expand...

USAA is a great company. If they already did the estimation it likely won't change barring the frame being bent.
 
#24
#24
Coug said:
USAA is a great company. If they already did the estimation it likely won't change barring the frame being bent.
Click to expand...

My daughter recently had an accident that was close to totaling her Rabbit. The estimate was quite a bit less than the actual repair. Before we had it repaired, I talked to them about just totaling it because the repair place had said it was likely frame damaged. She was on the way to get her car appraised because she was planning on selling and getting a new car. Of course it was frame damaged, so the difference in appraisal when it was wrecked ($1000) and after it was repaired ($2000) hurt us alot. The trade in value, in avg condition, was $4400. We spent months with State Farm wrestling with a diminished value claim.

I hate car insurance.
 
#25
#25
VolnTitan said:
My daughter recently had an accident that was close to totaling her Rabbit. The estimate was quite a bit less than the actual repair. Before we had it repaired, I talked to them about just totaling it because the repair place had said it was likely frame damaged. She was on the way to get her car appraised because she was planning on selling and getting a new car. Of course it was frame damaged, so the difference in appraisal when it was wrecked ($1000) and after it was repaired ($2000) hurt us alot. The trade in value, in avg condition, was $4400. We spent months with State Farm wrestling with a diminished value claim.

I hate car insurance.
Click to expand...

I've unfortunately wrecked a few cars in my day(not always causing frame damage) and not once have they ever allowed a car with a bent frame to be repaired. They basically said "your car is totalled, and we'll write you a check." "You can choose to fix it and get a salvage title for it but we will only offer liability coverage on it after that." I've only ever had USAA. It's very rare for them to actually allow you to fix a car with a bent frame but the fine print is usually always in your policy.
 
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