Ever had a totalled car? HELP!

MamaNikki · October 2009

Or known someone who has? Or have any experience with insurance companies?

Ugh. I'm going crazy over here, and I am so sick of this mess already. My car is totalled. The other driver's insurance company has admitted it's 100% their client's fault.

So, how much do they usually give you for your car? Market value?

They are paying my ER bill, ER doctor's bill, prescriptions, etc. How much more than that, for "pain and suffering" would be too much to ask for?

Of course, they are trying to get out of this deal paying the least amount they can. I just want to get what I deserve, and since I have no experience with this, I have no idea what that would be. The past 2 days have been the first days in 3 weeks that my chest has not hurt.

I've been driving a rental car for 3 weeks (paid for by the other insurance company), but they are telling me I have to turn the car back in on Monday.

jessica1080 · October 2009

I totalled my car recently, but it was 100% MY fault so I don't have a lot of advice for you! LOL!

I do know that they gave me fair market value for my car and that you can negotiate a little. Think about if you took your car to CarMax in its pre-wreck condition, miles, etc what you would get. I had just put new tires on mine less than 10 days before so they also gave me 50% of that once we faxed in the receipt.

As for your pain and suffering I have always heard not to accept their first offer. Also, I don't think they will close the deal with you until you have finished with all doctors, medication, etc. My cousin was hit by a truck and it was over a year before she closed because she was still seeing a chiropractor, etc. I 'think' she got medical bills plus that again in money. So if he medical bills were $6,000 she got $12,000. HTH!

musicgirl03 · October 2009

In 2004 I totalled my car. It was the other persons fault. I had to sign a lot of papers and give detail on what happened. There were 3 witnesses that sent a letter to me and I made a copy and sent them to the insurance company. Witnesses do really help in a crash!!!! The car I totaled was my dad's so he mainly handled it, but I would keep in touch with your insurance and have them call the rental car place.

kellnbri · October 2009

My SIL had her car totalled...she wasn't in it, some drunk lady hit it while it was parked at work. She had both insurance companies look at it. It was a big fight to get them to keep paying for the rental, but she told them she couldn't buy a new car until she got her check from them so they had to keep paying it.

kirnat848 · October 2009

DH totalled a car a few years ago, it was his fault but our insurance looked at nada, kelley blue book and one other place to get their total for what they would give us. It was more than our loan was and that was the only thing that I was worried about.

Pesky · October 2009

Yes. Here's the thing - you don't have to settle right away so don't be pushed into it. You don't know what can come up later. I ended up in PT for 3 mos after mine. Here's what a friend told me who works for an insurance company as an adjuster: blue book value for your car, medical expenses, pain & suffering calc to start is usually to take the amount of your medical expenses and double it. Some states (like mine) start interest ticking away on teh medical expenses from the minute of the accident. If the other company is being such a pain, consider retaining a lawyer. Contigency usually ranges around 30% or so of recovery. But I figured I should still end up ahead. And talk to your own insurance company. Mine recouped most of the money for the car directly from the other insurance company itself.

neverblushed · October 2009

Maybe you should seek a reputable lawyer to help you with this. You have to decide how much time and energy you want to commit to this, though.

Most lawyers work on injury/accident cases without a fee up front, in agreement that they take a cut of whatever settlement you get. This is called a "contingency" payment. Over and above your 30 or 40% contingency fee, you would be expected to cover any expenses (this could range from a few bucks for postage and long distance to thousands of dollars for depostions if your case should prove to be complicated.)

Most lawyers will be motivated to try to get the maximum amount they can from your injuries. It's pretty standard for lawyers to attempt to get a settlement for at least 3x your total medical bills and lost wages. If your medical bills = $2500, then your lawyer would consider a settlement of $7500 to $10K a good deal for you. So, figure you'd get your $2500 of medical bills paid, the lawyer would get his/her $2500 - $3300 fee, and you'd get $2500-3300 (minus lawyer's expenses) for your pocket.

So if you want to attempt to get a decent "pain and suffering" settlement out of the other driver, you probably need to find a lawyer. The other driver's insurance company will attempt to cover only your car repairs. Or, if they offer you around double your medical bills, figure you're getting about the same amount you would if you went with a lawyer.

If you do go with a lawyer, be cautious in the lawyer you select. Don't go by the yellow pages -- the biggest ads tend to be from the smarmiest lawyers. Get references from people you know or call your local bar association for a recommendation.

GL -- I was in a car accident about 3 weeks ago as well. Sucks.

Read2Me · October 2009

It may help to talk to your insurance agent. ?He/she may have some tips for what to ask for and so on. ?Good luck!

brightning · October 2009

When I totalled my car (my fault, in a one-car accident on icy roads), my insurance company gave me what it would cost to replace my car, in my town. It actually was more than the Kelly Blue Book value of the car.

I'm not sure about the pain & suffering part.

calico77 · October 2009

Ditto Brightning.....I thought I'd be getting KBB trade in value but got $7K more than that.....I guess more like replacement value. My fault, no pain and suffering.

On a side note---we have rental coverage but BIL was living with us at the time so he took us where we needed to go on the few occasions we needed to go somewhere and we actually got paid to refuse the rental rather than pay 20% to take the rental.

calico77 · October 2009

If they are telling you that you have to return the car Monday than they are preparing to settle with you by then I think. I got my payment on a Thursday and had to return the car by Tuesday. I think anything longer on your part (for the rental) would have to be paid by you no matter if you are still negotiating the settlement or not. They have fulfilled their obligation to give you a rental....I only got like 2 weeks max.

coffeeaddiction21 · October 2009

I was in a wreck in 2007 and it was completely the other person's fault. I really got screwed over and wish I had gotten a lawyer. The reason why they are trying to take the rental car away is to put you under pressure so you will settle for almost nothing. I would definantly get a lawyer. You can get a good bit of money out of pain and suffering. If they take the rental car away then you can still get them to reinburse you for the cost of another rental car.

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