Car accident advice

[Bronn]

So, on Tuesday, wifey, my youngest, and I were involved in a car accident. Basically, we were doing 40-45 in our '07 Honda Odyssey, minding our own business in our lane when I see the car in the lane to our left braking pretty hard. I see it coming that he's going to rear-end the car in front of him, but at the last moment he swerves into our lane. I, the passenger, grab my door handle and brace my wife with the other arm. She doesn't have time to react, and we hit him at a 45 degree angle. Both front airbags, the driver seat airbag, and the entire headliner airbag on the driver's side all deploy. Nobody gets too hurt (wifey has some bruising on her side and chest, my knees hit the dash, shorty in the back was fine) but the front driver's quarter panel, hood, rear driver's side quarter-panel, etc. etc. etc were all pretty much destroyed. I just got word that our van will be a total loss.

Thankfully, we aren't hurt too bad (at least that we know of right now,) nor were we assigned any fault in the accident.

However, we're in a rental until Tuesday (hoping they can extend that) and now have to buy a replacement vehicle. We don't know how long that will take, and would hope that the insurance company will allow us an adequate time in the rental for that.

Also, I'm a little concerned at how much they will value our vehicle, and don't want them to undervalue it and screw us out of what an actual comparable vehicle will cost.

The at fault driver has the same insurance company that we do, so I think that can be a blessing and a curse. On one hand, I think they'll take the best possible care and speed things along for us as much as they can. On the other hand, I figure they will try to get away with coming out as cheaply as possible, which will screw us on the replacement.

Anyone got any advice? I don't want to lawyer up, but I don't want to be screwed out of what was a totally good vehicle for our needs and have to replace it with a potential lemon.

[KSpan]

First, I suggest you edit/delete anything in this post describing what happened.. bit of paranoia, but never hurts.

Secondly, they'll offer what they offer and you can accept it or attempt to negotiate based on prices of similar vehicles in your area. Also, it's not a bad idea to get checked out and charge the medical bills to their insurance. 

Thirdly, my experience in this area was a good while ago and my comments might be worth what you paid for them.

[Ja Rhule]

25 minutes ago, Bronn said:

So, on Tuesday, wifey, my youngest, and I were involved in a car accident. Basically, we were doing 40-45 in our '07 Honda Odyssey, minding our own business in our lane when I see the car in the lane to our left braking pretty hard. I see it coming that he's going to rear-end the car in front of him, but at the last moment he swerves into our lane. I, the passenger, grab my door handle and brace my wife with the other arm. She doesn't have time to react, and we hit him at a 45 degree angle. Both front airbags, the driver seat airbag, and the entire headliner airbag on the driver's side all deploy. Nobody gets too hurt (wifey has some bruising on her side and chest, my knees hit the dash, shorty in the back was fine) but the front driver's quarter panel, hood, rear driver's side quarter-panel, etc. etc. etc were all pretty much destroyed. I just got word that our van will be a total loss.

Thankfully, we aren't hurt too bad (at least that we know of right now,) nor were we assigned any fault in the accident.

However, we're in a rental until Tuesday (hoping they can extend that) and now have to buy a replacement vehicle. We don't know how long that will take, and would hope that the insurance company will allow us an adequate time in the rental for that.

Also, I'm a little concerned at how much they will value our vehicle, and don't want them to undervalue it and screw us out of what an actual comparable vehicle will cost.

The at fault driver has the same insurance company that we do, so I think that can be a blessing and a curse. On one hand, I think they'll take the best possible care and speed things along for us as much as they can. On the other hand, I figure they will try to get away with coming out as cheaply as possible, which will screw us on the replacement.

Anyone got any advice? I don't want to lawyer up, but I don't want to be screwed out of what was a totally good vehicle for our needs and have to replace it with a potential lemon.

You gotta play your cards right my friend.  Take your wife and kids to a doctor... Complain of severe lower neck and back pain, hire a lawyer and demand medical $$$ from insurance.  Insurance will always low ball you on your car value.

[cookinwithgas]

do what Arsen says if you are a dick

otherwise

yes get checked out, injuries from things like this can sometimes take a few days to be felt.

don't just accept the insurers deal without doing research

the rental should not be an issue since you both have the same insurance company - if things take too long to sort out it's their fault not yours - if you drag out the fight over compensation they may use that as a tool though

 

good to hear you all are all right, we are about to get a new van and will try to steer my wife to Honda

[Ja Rhule]

1 hour ago, cookinwithgas said:

do what Arsen says if you are a dick

otherwise

yes get checked out, injuries from things like this can sometimes take a few days to be felt.

don't just accept the insurers deal without doing research

the rental should not be an issue since you both have the same insurance company - if things take too long to sort out it's their fault not yours - if you drag out the fight over compensation they may use that as a tool though

 

good to hear you all are all right, we are about to get a new van and will try to steer my wife to Honda

Not a dick.  A person with brain that knows how not to get screwed by insurance.

If you have a lot of time on your hand to do research, call multiple times and spent hours on the phone arguing with people with no guarantee you will get a penny more.  Do what cwg tells you.

If you want attorney to handle everything for you and get you additional $3k-$5k toward your new car, do what I said.

[Bronn]

After hearing from the adjuster, it sounds like they are going to give us a good fair value for our ride, and cover pretty much all of our needs otherwise. I think we've lucked out for the most part, but we'll see how everything goes. Thanks for the advice, folks!

[cookinwithgas]

good to hear!

[Bronn]

Just now, cookinwithgas said:

good to hear!

I also meant to add. I can't brag about how well the Odyssey handled our impact enough. I would definitely consider Honda, especially the Odyssey, for any future purchases any of you would make.
 

[Scrumtrilescent]

Yay for not resorting to insurance fraud!

[Ja Rhule]

47 minutes ago, Scrumtrilescent said:

Yay for not resorting to insurance fraud!

It's not a fraud....  It's a legal process.

[Scrumtrilescent]

Something a fraud would say.

[Ja Rhule]

1 hour ago, Scrumtrilescent said:

Something a fraud would say.

I think you are confused what insurance fraud is...  

[Scrumtrilescent]

Pretty sure falsifying and/or misrepresenting medical diagnoses to get more money out of insurance companies is the definition of insurance fraud.

 

 

Fraudy Fraud Fraud!!!!!

 

I bet you beat puppies with kittens.

[Ja Rhule]

19 hours ago, Scrumtrilescent said:

Pretty sure falsifying and/or misrepresenting medical diagnoses to get more money out of insurance companies is the definition of insurance fraud.

 

 

Fraudy Fraud Fraud!!!!!

 

I bet you beat puppies with kittens.

You get diagnosed by doctor who is licensed by the board.  Doctor submits finding to a lawyer who uses as a bargain chip to settle out of court with insurance company (court are very costly to insurance companies so they will throw money your way to settle out of court in order to avoid thousands in court fees on top of medical fees).

No one is falsifying anything.  It's a common legal procedure that happens all the time.