Car accident today

fellini123 · #1 04/26/12, 09:58 PM

DH and I were coming back from a baseball game today, and were stopped at a red light. He was looking in thre rear view mirror and said "Stop, stop, please stop!" BANG BANG
our car was hit from behind!
Our beautiful 2 year old Prius, that we wash every two weeks, that we have taken perfect care of since we got it, that gets 51 to 56 MPG, that we still owe a ton of $$ on, the Prius we really really like.
I was thrown against the head rest pretty violently. I got out of the car and went to the car behind us, that hit us and started to yell at the girl, she held up her hands and said "I didnt do anything!!" And she pointed behind her.
I looked and there was a BMW convertable smashed into her car. She stood on her brakes when she saw the other person coming so it helped to save our car a bit. At least the air bags didnt go off.
Seems the woman that hit us was on her cell phone, surprise surprise and just wasnt paying attention. Her car was really damaged, punctured raditor water going everywhere, engine overheated, smoking everywhere. She got out asked if anyone was hurt, and then sat down on the side of the road and started to cry. She kept crying thoughout the next 2 hours while the police were taking everyone statements.
Our poor little cars' back bumper is all scratched up, the bottom plastic thing is cracked in two, there is a big dent in the bumper, and the bumper is dislocated from the rest of the car. Did I mention how we really took care of this car, how it was pristine?? How the whole back end is now at least an inch shorter than it was??
The big thing is the batteries are located behind the back seat, and that is where it was hit. You cannot see the batteries unless you take out the back seat and then you can inspect them. Basically the repair shop has to do it.
Everyone had insurance, so I called ours and was told since we have a $500 deductable we will have to pay that first, and we have $600 worth of rental car service and after that we will have to pay for it. They will send an apprasier in 4 or 5 business days. It will affect our insurance payments.
For what??? We were sitting at a red light...the idiot woman ran into us!!! We couldnt get away from her......what did she get?? A "fix it ticket" which means as soon as all the insurance claims are filled she gets nothing done, no ticket, no going to court, no going to jail, nothing....because the police officer "felt sorry for her cause her car had the most damage."
I said "Who cares, she hit us, she deserves the most damage, auto karma."
So that is where we are......car damaged, out a minimin of $500, and not even the satisfaction of seeing her license removed!! Or her butt being thrown in jail. Oh Boo Hoo she cried and cried......did she say she was sorry?? Nope, did she offer to take care of the damages?? Nope.
Our insurance company said we could contact her insurance and they can wait up to 45 days before sending an appraiser. And then they can refuse to accept the claim, no reason has to be given just a "We refuse the claim." and then we are out of luck......And we have to drive the car like this for 45 days!!!!!
I am so angry!!! Tomorrow I will get on the phone and her insurance company Nationwide will have a piece of my mind!! A large peice!!! And it wont be friendly!!

Alice in Virginia

DaniR1968 · #2 04/26/12, 10:04 PM

I'm so sorry this happened to you and your husband. You are very lucky you weren't hurt.

Since it wasn't your fault, why are you out anything? Maybe it's different in your state but where I am, if someone hits you, their insurance pays. If anything, I would go after her for your deductible.

Peace n Quiet · #3 04/26/12, 10:06 PM

Wow... how awful! I'm not well versed on insurance matters, hopefully someone else on here is. But I'm pretty sure you have the right to appeal any decision that the company makes.
I hope you were able to exchange info with the other girl involved. (the one in the middle) It will help your case if your stories are the same.
Several years ago, DH was hit... a kid plowed through a stop sign and t-boned him, totaling our car. The lazy cop did not bother to write up a report for several days, and when he did, he put down that the weather forecast for that day was for snow.
THe insurance company put 25% of the blame on DH due to travelling at unsafe speeds during inclement weather. But surprise! We had pictures, it was clear, dry, and sunny at the time of the accident. Both witnesses and the cop stated that DH was not speeding. THe insurance co. gave in quickly.
Hope it all works out for you. Sorry about your poor car but I'm glad everyone was ok.

Danaus29 · #4 04/26/12, 10:40 PM

I don't understand either why you are claiming this on your insurance without even filing a report with the at fault insurance company. In Ohio if the at fault party does not pay for the damages (and pain and suffering, trust me, you will be sore sore sore by Saturday) the at fault party can and will lose their license.

**clovis** · #5 04/26/12, 10:54 PM

You must have some really messed up liability laws in Virginia if what you are stating in your OP is correct.

The woman that caused the accident will most likely have insurance that will pay for your damage, in total. I guessing that if you run off and have the car repaired before you allow her insurance company repair your car...yes, you will pay your deductible, use your rental car insurance, and will also see higher rates. Just wait until her insurance company works through this. If you wait for her insurance, I doubt you'll be out anything but your anger.

I'd also suggest that you reconsider your current insurer...sounds like they are giving you a load of hog wash.

And, I am confused. Why should someone be hauled off to jail because they caused an accident?

I think you need to step back and take a big deep breath of fresh air. I'm sorry your car got damaged, but it is just a Toyota...not someone's life.

Pink_Carnation · #6 04/26/12, 10:54 PM

We have a high deductible but when the truck was rear ended talking to the insurance company got it cleared up completely without a lot of headaches. The other guys insurance paid for everything.

fellini123 · #7 04/26/12, 11:38 PM

We have USAA, I feel uncomfortable riding around in this car for 45 days while waiting for her claims adjustor to evaluate the damage. Not sure what could happen if there has been damage to the batteries.
She should be in jail, or at least have something happen to her as she was on her cell phone, driving without paying any attention to what was going on and caused an accident.
She never even slowed down, just plowed into the car. Why should she get off scot free??
It is our new Toyota that we have to depend on for transportation for at least 4 more years. I dont want to drive around in a damaged car, that could easily be a fire hazzard. For something was wasnt our fault, we were stopped and had been stopped when she plowed into us.
I want her to take 100% responsibility, I dont want to pay anything, and I want my car 100% fixed, back to the way it was before she hit us. I dont think that is asking too much.
Alice in Virginia
P.S. the accident occurred in North Carolina not in Virginia the woman that hit us was from Durham.

Harry Chickpea · #8 04/26/12, 11:58 PM

<sigh> Stop kvetching and GET AN ATTORNEY. Yeesh.

This type of situation is why you NEVER sign anything, you never SAY anything, you NEVER trust your insurance to do the right thing. You go to an attorney, you lay it out, and you stiff the ones who would otherwise stiff you.

-editing to add:

Take note folks. This is the way the real world works. YOUR insurance company is not YOURS. It wants to keep costs down. If it can cover its costs by going after another driver, it will. It will ALSO raise your rates for being in the wrong place at the wrong time. You MUST get someone on your side who has a financial interest in making you win. BTDT.

It isn't about you, it isn't about your baby or car or whatever. It is capitalism at its finest. The weakest person or the one with the weakest case and lawyers loses. If you get hit, you get injured, you HAVE to go into tiger mode immediately.

You NEVER should accept an insurance company first offer. Never allow subrogation and someone speaking for you AND some other entity.

debbydoo1966 · #9 04/27/12, 12:01 AM

Your insurance company said it would be 45 days because they want the 500 deductible, plus the increase in your insurance. It's your insurance company giving you the run-around.
Call her company they will fix it, with no deductible. Because shes at fault they'll also pick up the rental.
Same exact thing happened to me in september. Took 3 days to fix my car.

Sanza · #10 04/27/12, 12:08 AM

Does NC have any cell phone laws? In any case she should be charged with careless driving or driving without due care and attention. You probably need to put a claim against the insurance of the girl who's car hit you, and then her insurance will go after the one that caused the accident and get reimbursed for monies paid to you for damages. Do not do any repairs until all 3 insurance companies have looked at the damage to your car. You might be reimbursed for a rental for the days your car is not available (ie in the body shop getting fixed).

Tirzah · #11 04/27/12, 12:27 AM

I would seriously considering going to Urgent Care for a check up and x-rays. Several years ago my husband and I were at a red light (complete stop) and got rear-ended by someone w/out insurance going 40 mph. We went to the emergency room I had some hip pain after impact and my husband some back pain. The next day my shoulder was swollen so bad. After getting x-rays I not only have hip and shoulder issues but neck and back issues too. Make sure you both get checked out.

Our insurance company ended up taking care of everything (along with suing this man) but our rates were tripled! We changed companies.

Can you file a report through the police department for something to get done? I would also file the claim with her insurance company.

I hope that you both are alright and that things get taken care of properly.

SageLady · #12 04/27/12, 03:28 AM

Goodness - it's just a car! If I were you I would be so grateful that you and your DH weren't severely hurt.....

See a doctor soon. Call the ladie's that caused the wreck insurance co. Get a lawyer if you need one, but in the meantime count your blessings and quit putting so much importance on a car. They can all be fixed or replaced. Have been through this twice myself.....had a brand new car totaled and someone should have been dead, but we all survived. Believe me I wasn't worried about the car, I was just thankful, beyond thankful that we were ok. The person that was at fault insurance had to pay for everything - rental car, medical bills, time off work, and replaced our wrecked car with one of equal value.

I'm going to 2 funerals today. Yep, it's just a car....

Immaculate Sublimity · #13 04/27/12, 07:35 AM

Quote:

Originally Posted by SageLady

Goodness - it's just a car! If I were you I would be so grateful that you and your DH weren't severely hurt.....

See a doctor soon. Call the ladie's that caused the wreck insurance co. Get a lawyer if you need one, but in the meantime count your blessings and quit putting so much importance on a car. They can all be fixed or replaced. Have been through this twice myself.....had a brand new car totaled and someone should have been dead, but we all survived. Believe me I wasn't worried about the car, I was just thankful, beyond thankful that we were ok. The person that was at fault insurance had to pay for everything - rental car, medical bills, time off work, and replaced our wrecked car with one of equal value.

I'm going to 2 funerals today. Yep, it's just a car....

This was my thought as well. Though honestly I'd be more concerned with the high blood pressure the OP must have to go along with that temper. Just... Wow.

**Cabin Fever** · #14 04/27/12, 07:44 AM

I'm a bit confused why you are so upset at the girl who ran into you, even if she was on a cell phone. If I;m reading the thread correctly, she was stopped behind you and the BMW hit her which caused her car to be pushed into yours. I'd be upset with the person driving the BMW.

MO_cows · #15 04/27/12, 07:55 AM

Bad things happen to good people. Be grateful the other car was in between you and the driver who actually made the first impact. If your Prius would have taken the full impact......well who knows.

The other insurance company should have to pay for your repairs and no deductible unless you are in one of those "no fault" states. Then supposedly your lower rates make up for having to shell out your deductible. At least that is how they "sold" it when it first came out.

Caz · #16 04/27/12, 07:57 AM

Get a lawyer - and I'ld look for a new insuance adjuster.

jen74145 · #17 04/27/12, 08:04 AM

Cabin, I think it *is* the BMW driver she's angry with.

Accidents happen. I think, though, that temper does you no good. Really, I'd get that in check before you have a stroke.

So the other driver cried. She probably felt awful. People are worth more than things.

Gently said, your reaction truly is over the top and I would consider whether this was a one-off, straw that broke the camel's back sort of deal, or if this is your usual response to stress. Stress can kill you. Manage it. To say nothing of the other driver; what if they'd had the same response as you, but were a physically violent type?

I had a girl make a left across two lanes of traffic, she couldn't see around the first, so she just.... went anyway. Totalled our car. DH tried to stop but she just jumped out there and was declared at fault. I don't know how we weren't hit by the traffic around us. I roared for about two seconds, but that was because my eleven month old was in the backseat and screaming like I'd never heard before. I was terrified of what I'd see when I peered round his rearfacing seat. He was just fine, but I was almost sick hearing him cry like that. I apologized to her for my moment of anger, she understood and felt so bad. I figure she learned to be a bit safer from that, and at least she didn't have to kill somebody to learn.

tankpa · #18 04/27/12, 08:09 AM

Wow... Okay, I have a lot to say here but will keep it simple. USAA is honestly the BEST insurance you can get. Believe me, I know the industry. My suggestion would be to call USAA back when you are calm and see if there is more they can help you with. I have never, ever, ever gotten an unhelpful representative when dealing with them. Best wishes to you and so happy someone wasn't seriously hurt!

mammabooh · #19 04/27/12, 08:11 AM

Perhaps your ranting at the accident scene is what caused the officer to not give the lady a ticket. He probably figured she had suffered enough.

thequeensblessing · #20 04/27/12, 08:48 AM

Traffic laws are complex too, can't forget that. Is NC a no-fault state? If so, then everyone's insurance has to pay for their own personal damages, period. Also, when a driver fails to stop and hits a car, and pushes that car into another car, the car that got pushed into another one is often cited, or considered guilty even if not cited, for failure to leave a safe distance, or following too closely. If there were more than one guilty party, that could change a lot of things too. Was it rainy or the road otherwise wet? Foggy?
I'd be irritated, but I'd be on the phone with the P.D. and the insurance company. I'd get a quote on getting my car fixed, and I'd get an attorney if the quoted amount was more than I could afford. Considering that attorney's take upwards of 40% of the reward/settlement for themselves, I'd go into that only if things really warranted it.
I agree with those who say that you should be thankful that you and your husband are healthy and uninjured. These are the times, especially if NC is no fault, where forgiveness comes into play. Forgiveness isn't easy, especially when it comes with a price tag attached, however, it's the right thing to do. Besides, being so angry is only going to hurt you, physically, as well as emotionally.