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Just got in a car accident...

Discussion in 'Off Topic Threads' started by skeet_man, Aug 6, 2010.

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  1. skeet_man

    skeet_man Well-Known Member

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    Got home about a hour ago. Was rear ended at about 11:40 eastern time tonight. Going home from practice @ the club today (I was less than 2 miles from home), preparing for a registered shoot this wknd that I can't attend now.

    Had to slam on my brakes due to 2 deer running out in front of me (I was going about 5mph under the speed limit at the time, so I'm sure that helped a little bit). Missed the doe by a bit, but missed the fawn by about 2 ft. Was at a dead stop for about a full second, then WHAM, got rear-ended by the girl behind me, who I'm not sure even slowed down. Told me "oh my god, I was looking down when I hit you" as she exited the car (so IDK, texting, talking on the cell, what). At any rate, pushed the trunk and most of the contents partway into the back seat, ruptured the gas tank, rear wheels are locked in place, rear doors won't open, rear window and possibly others smashed out. I was able to retrieve my gun and range bag, luckily my americase appears to have served its purpose, its pretty banged up, and one side is caved in, but my Kolar and subgauge tubes appear to be unharmed (will put everything on paper ASAP to make sure, only good thing is I patterned 2 weeks ago, so I know where it shot, and its fully insured by SIAI). I was even half thinking about putting it in a soft case for the shoot this wknd... So the car is toast, the americase is toast, my new Hidefspex frames are toast, range bag lost a hasp, and it remains to be seen how the other stuff in the trunk faired. My shell pouch is still buried inside a mangled milk crate, hopefully its still OK. I had at least 5 flats of shells in the trunk for the shoot this wknd, so they're probably all toast as well. Sat down and listed out everything I could think of of remote value in the car, so I know whats missing or damaged when I'm able to retrieve what I can. Already called my insurance CO to file a claim, I don't carry collision, so everything is going to be on her insurance.

    Both her and I walked away mostly unscathed, her airbags deployed, mine didn't... I have a couple minor cuts on my hands, and a slightly sore forearm, but doing pretty good besides that at this point.

    Any suggestions as to what I need to do going forward. Obviously I need to get paid for the car, as well as the damage sustained to my shooting equipment, but I don't know if I need to do anything at this juncture, what kinda time frames I'm looking at, what kinda fight i'm looking at out of her insurance CO, anything, first time I've ever been in an accident. Glad I drive a full size car, thats for sure, if I was in a Smart car, i'd have probably been pushed out the windshield...
     
  2. skeet_man

    skeet_man Well-Known Member

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    Luckily by buddy showed up to help me out, and he had a digital camera and was able to get some pics before he hauled it away. Will have to find where they have it impounded and get more, and see what stuff I can still retrieve (my shell pouch is about the only thing I think will be worthwhile to try and get back).

    From what I figured so far, I have sustained at least $1100 in damage just to contents, between my gun case, glasses, and ammo. Could be quite a bit more depending on what I can retrieve...
     
  3. msmith

    msmith Member

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    Ian, glad to hear that you were not hurt. When it comes to accidents nothing makes up for mass size. Sounds like you Buick did you well. Before you sign anything you might want her cell phone records checked out. Very easy to do.Her insurance might say you are part at fault (their way of not paying you in full). As a side note- Jeff Foxworthy might add this to his Redneck jokes. You might be a Redneck if you have insurance on you guns but not your car !!. Just kiddin, glad to hear you were not injured. Mike
     
  4. hrosik123

    hrosik123 Member

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    I to am glad that you're ok. Call your agent and he or she will take care of it right from the get go. Not to be confused with Geico. Sorry, couldn't help myself. Go head and see your doctor if you need to. Thats why we have insurance, both health and auto. Good luck Chuck Hrosik
     
  5. HSLDS

    HSLDS Well-Known Member

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    Skeet Man,

    First, glad you are OK. You will most likely be sore - it typically takes 24 to 48 hours to set in, so be prepared to feel it.

    Don't be afraid to see a doctor if it bothers you.

    You have three areas of concern relative to injury and property.

    First is your car. This is the typical aspect of insurance and is most easily handled only because they deal with this all the time. Don't be afraid to ask for 'diminished value' for the car (regardless of the quality of the repairs, the vehicle is worth less because it has been hit).

    Second is YOU. In most states your insurance will pay your medical bills and will get reimbursed by the other company so it is not a major concern for you. Talk to your insurance agent about limits and time lines you might have to meet.

    Do NOT SIGN ANYTHING relative to releases on medical issues - even if they offer you money - do not accept it and READ THE FINE PRINT on anything they ask you to sign (my advise would be to sign NOTHING without talking to a friendly lawyer).

    Third is the personal property - here is where you will most likely have to fight. This is 'outside' of the normal pay out process and the agents see your 'stuff' as inconsequential - they will want to place low values on things - so start pulling together receipts and costs for replacement value of anything you might have lost.

    Write out a full list and get hard numbers for each item - either damaged or destroyed. If you have a gun shop you frequent and are friendly with they can be a great help by providing 'cost of replacement' quotes for these items.

    Good luck.
     
  6. trapshootin hippie

    trapshootin hippie Well-Known Member

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    You need to find out first thing, if she really has insurance to cover your loss.
     
  7. jm1079

    jm1079 Well-Known Member

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    File a claim with her insurance company and notify your insurance company that you are doing so. If her insurance company refuses your claim, then file a claim with your insurance company and they will or should take it from there. This is what I did when I had a similar incident. FWIW. JM
     
  8. skeet_man

    skeet_man Well-Known Member

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    Thanks for the help guys.

    She should be covered, as long as she paid her premiums recently. NY state mandates a minimum of 10k in personal property damage insurance, and since my gun is OK, all my other stuff should fall way under that, including the car, which is/was a 98 Buick Lesabre w/ a KBB value of around $2400.

    I do have Geico BTW LOL
     
  9. Brian in Oregon

    Brian in Oregon Well-Known Member

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    Your insurance company may file the claim on your behalf. Many prefer to. Consult with them.

    In Oregon, a car rear ending another is almost always 100% at fault, on the assumption that the following driver failed to maintain distance, control, etc.

    Get a checkup. I didn't many years ago, and there were issues that showed up months later. I had just shrugged off the initial soreness.

    Personal property - Your insurance company should file against the other company on your behalf. If they get nowhere, your HOMEOWNERS insurance will probably be what covers it, not your auto insurance. That means another deductible, which may be most of the cost of loss, or even exceed it, depending on your policy terms. That's why your company should fight to get the other company to pay for personal property loss.

    Run any settlement offers by your insurance company. If your company is handling the claim on your behalf, the other company should be communicating with them anyway, not you. You do not want too many fingers in the pie, because this can lead to negotiations going sideways if you inadvertently sink negotiation work done by your company.
     
  10. CalvinMD

    CalvinMD Well-Known Member

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    your back should be hurting about now...badly Funny how the at fault insurance company suddenly starts being more attentive when injuries and lawyers are involved
     
  11. halfmile

    halfmile Well-Known Member

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    I hope she has insurance. If so her company's adjuster will look at your car and take pictures. HSLDS is giving good info here.

    If your car is nice,and rebuildable, the adjuster will probably have a buddy he gets cars for. Sometimes they make one car out of two. Many fixable cars are totaled so they can do this.

    They will probably do their best to lowball you on the value of your car.

    Be steadfast on this issue, it's your money they are trying to steal.

    Be very careful on the Medical end. Injuries have been known to crop up later, sometimes after the settlement.

    Get them to approve a rental car while your wheels are not available. This may stimulate faster action.

    The circumstances you describe indicate she should have gotten a citation. This will go in your favor in negotiations.

    Good luck.

    HM
     
  12. Quack Shot

    Quack Shot Active Member

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    I would usually NOT settle for the first offer, unless it sounds too good to be true. It's sometimes worth holding out for a second offer. The insurance companies tend to lowball you the first time around. My usual line would be: "I'm just not willing to take a loss for your client's negligence". "I would expect nothing short of a full reimbursement for the full value of the damage".
     
  13. wayneo

    wayneo Active Member

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    Her insurance company owes you a rental car until everything is settled, and you have another vehicle to replace yours. Don't settle for an Escort, get the same size car as that LeSabre.

    Wayne
     
  14. Recoil Problems

    Recoil Problems TS Member

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    Write down her exact words now. People always forget what really happened in an accident. The only time you really get the truth is momments after the collision. I do not believe people intend to lie but human nature makes them rationalize. Ask the police officer what she told him.
    If you can prove that you stopped to avoid and accident and the person that hit you said she looked away then she is guilty of careless driving and you are in the clear civilly and criminally .
     
  15. Rollin Oswald

    Rollin Oswald Active Member

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    It's fortunate you weren't injured more seriously.

    Based on a rear-end accident a number of years ago, the other insurance company offered a settlement on my totaled car. At that time in Wisconsin about 20 years ago, they stopped paying for a rental car when they made the offer, unreasonable as it was. This may still be the case.

    When you figure replacement value, add shipping and any sales tax involved.
    If you use an attorney based on my experience, negotiate with the other insurance company and get as high an offer as possible before you turn it over to an attorney. In my accident, the attorney received a percentage of the money in excess of the settlement amount I refused.

    Before turning the accident over to an attorney, you can use that fact to raise the other companies' offer.

    I too strongly suggest you see a doctor - ASAP so the other insurance company doesn't suspect that you're faking injury.

    Rollin
     
  16. BIGDON

    BIGDON Well-Known Member

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    You all must have stayed at a Holiday Inn Express and based your info on that.

    Normally you would go talk to your personal agent, but whoops you don't have one. This is about as good as it is going to get.

    Don
     
  17. 635 G

    635 G Well-Known Member

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    No statements, don't sign anything without professional advice. If you have a few bucks, you are always a target.

    Phil Berkowitz
     
  18. recurvyarcher

    recurvyarcher Well-Known Member

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    Ian, I knew this was you just based on the title of the thread. Did they give you a rental car yet?
     
  19. skeet_man

    skeet_man Well-Known Member

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    Just got back from the sheriff's office to get a copy of the police report.

    Attempted to contact the girls insurance carrier yesterday to file a claim, but they won't let me because the address they have for her does not match the address I have for her, so I called my company back and told them the situation so they are going to try and resolve it for me.

    Will go recover what I can from my car tmrw. Have to go see my carrier, her agent, the DMV, line up a rental car, and will most likely make a stop @ my primary care doctor or an urgent care facility tmrw just to get check out.

    I was able to sit down and make a list of everything that was in the car at the time of the accident. Luckily my car was very well organized when I left the club friday, so I have I believe a very good idea of what all was in there, although I am remembering little things here and there as I think about it (even effects a couple of my buddies, as I had a S&W 1000 trigger for one friend, and a gun case for another in the back seat which I'm not sure will be recoverable. If I am not able to recover anything intact from the car, I'm looking at a $1500 to $2000 loss just for contents, if I'm able to recover everything that still remains, I'm at @ least $1200.
     
  20. skeet_man

    skeet_man Well-Known Member

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    Devi- No rental car yet. I was in no real state to be driving yesterday, and just finally got up the courage/ambition about an hour ago, took my dad's car (he's at the shoot in the motorhome) and made a trip to the sheriff's office for the police report, and walmart for some food. I want to get ahold of her agent tomorrow and make sure I am not going to have to front any money for a rental car, as I really don't have any $ to spare at this point, and don't want to wait to get paid back since I have no idea how long that could take...

    There is a Geico agent here in town, not sure if they would really be considered "my agent" since I deal directly with geico, but I will stop by there tomorrow and see if there's any help they can provide...
     
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