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13wk2 10-17-2012 04:56 PM

accident help
my girlfriend just got into a bad accident with her new nissan xterra. not even two months old yet and shes stressing out about this whole thing. some old man went through a stop sign hit the drivers front of her car and hit the rear drivers side along with pushing it 3 lanes into a building. hes at fault for the accident and being a tech for nissan it looks dam near totaled by the damage. if they do total it how does she go about getting a new car. she doesnt have anything to trade or put down im trying to help her the best i can but i figgured id ask you guys if you have any imput thank you.

robpp 10-17-2012 05:22 PM

If they total it, they will try and pay as little as possible. In some places it makes sense to hire an insurance advocate'.


SvenskaJeepGuy 10-17-2012 05:24 PM

Re: accident help
Se would get a check for the auction value or the car in its pre accident condition. You will have to fight to even get book value if it is a shady insurance company. It helps to have your company fight with the other company to get you more

13wk2 10-17-2012 06:03 PM

Re: accident help
thank you guys for your help im hoping that will limit her stress

bill_de 10-17-2012 06:19 PM

Re: accident help
If she has collision insurance with a major company, she is better off using her own policy and let them recover (subrogate) from the other carrier. They will try to recover what they paid out and her deductible. In many cases if your company knows they are going to recover, they may not be such penny pinchers.

Also, in many states, even a driver that blows a stop sign may not be considered 100% at fault. That's another reason to use your own company.

Every state has their own regulations, but in most cases the policy covers replacement value, not auction prices. In some instances either the policy or state regs will require the value of a new car if the car is less than 3 months old. The insurance company usually pays the finance company first and anything left over to the owner.

Most insurance companies use either ADP or another company to do the evaluations. Once the claim is settled, ADP will probably help you locate a car at no charge to you ... if you ask.

The first thing to do is actually read your policy. It will spell out in plain English exactly what she is responsible for and what the company is responsible for. If there is something she doesn't understand, it is usually better to ask somebody in the claims office rather than in the sales office.

If she has a problem, don't ask for advice on the internet, contact your state insurance department. Advice on the internet may be accurate in one state and totally wrong in the next.

Hopefully she is OK. After that everything else is just a temporary inconvenience.

jerkylips 10-17-2012 09:42 PM

I totaled my Cherokee last winter - not at fault. My insurance co dropped off a check at my house a day later. This was Dec 2011 and my vehicle was a 2000 Cherokee sport that was in good condition, but I wouldn't say it had an easy life. I got $5500 for it, which I thought was more than fair. Point is that you need to look out for yourself but I wouldn't assume that they're all out to screw you..

spiros 10-17-2012 11:20 PM

Re: accident help
3 month old mazda 3 totaled got check from allstate for the full price i paid.

armoredsaint 10-21-2012 07:58 AM

Re: accident help
lawyer up if you have to.

FAUEE 10-23-2012 05:17 PM

Re: accident help
Agreed. I wouldn't accept any less than it being totaled, and I would get a check for the purchase price of a brand new one, with maybe a little extra to upgrade into a nicer model.

The thing to remember is that if it wasn't for THEIR customer destroying her vehicle, she would have no issues.

What you should do is find another one like hers. Say "this is the replacement cost of my vehicle", if its more than she paid, and if its less than she paid give them exactly how much she paid and have them pay out at a minimum that amount.

Many insurance companies will also offer new car replacement, where if the vehicle is damaged badly within 6 months or so of being purchased, they just total it out and give you what it would cost to replace the vehicle.

The biggest thing to remember is not to trust the insurance company, and to push them for more always. They get paid to give you as little money as possible, don't let them. Don't let them bully you around, they are legally obligated to undo the damage their client did. They know that, but hope that you don't.

bill_de 10-23-2012 05:26 PM

Re: accident help
Everyone says to watch out for the insurance company ... while at the same time they want a a little more than they are entitled to. Go figure :confused:

dubwarren 10-23-2012 05:44 PM

Hope you treated fairly.

bill_de 10-23-2012 05:52 PM

Re: accident help
Sorry to hear you work that way. In 25 years I never tried to cheat anyone. Some folks thought they deserved more and took us to court. In all that time I never lost a case.

On the other hand, when I did fraud investigations I met plenty of folks trying to cheat us.

For the most part claims were settled amicably.

Now I'm happily retired :)

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