Rear ended... My first accident help needed.

[GrandAmGT]

Originally Posted by tritus

I am going to talk to an attorney Monday morning. I just hope that the lady who hit me has insurance not sure what would happen if she was not insured.

Not sure what state the accident happened in but in Virginia we have something called The Uninsured Motorist Fund. If people register cars without insurance, they pay a $500 dollar fee per year that goes into the fund that the state uses to compensate people hurt by uninsured motorists. Of course, the state also has attorneys who defend the fund to ensure it is properly paying out claims.

[ChocoTaco369]

Having dealt with idiots twice before (one was a door ding in a parking lot and one was a 5mph rear ending that scuffed the rear diffuser), I never got my insurance involved. I did everything directly through THEIR insurance. I was able to do this because they both openly admitted fault. I paid nothing out of pocket both times. Luckily, they were both honest people.

You will have to get your insurance involved if they do not admit fault. If they try and fight you, you're going to have to get your insurance involved to go after them. As long as it goes against their policy, you pay no deductible. If you have to use yours because you lose the fight somehow (which I suspect you won't), you have to pay the deductible. Since this is CLEARLY not your fault, you should have no issue getting her insurance to pay every repair with no deductible out of your pocket. You have the right to select your own body shop for repair, so make sure you specify ahead of time that if the car does not get totaled, you want all OEM parts from GM, no knock-off aftermarket parts (unless you specify - for example if you need a new exhaust, you can buy an aftermarket exhaust and they will deduct the value of the OEM exhaust from it).

Most people are painfully unaware of what you're signing up for when you buy car insurance. If you feel you are going to be out of work for quite some time, you can really only sue up to the medical limits. It is very important that when YOU take out insurance you max out all the medical coverage limits because, really, that's the only purpose you should have car insurance - to pay for your care in the event you have medical bills and lost wages. If you're buying insurance and not maxing out this coverage, you're throwing your money down the drain. Yes, it will cost you an extra $150-200/year, but you're talking about an extra quarter million in coverage. I would rather pay $1200/year for something than $1000/year for nothing.

Her insurance rates will probably be capped, and if that is the case you may need to go through yours for additional coverage if needed. Hopefully you thought ahead and got full coverage with all your medicals maxed out. Good luck and I hope you feel better.

[Shinebrightx]

Originally Posted by tritus

Both my mufflers are pushed into the rear wheels and all crushed.

I even got a piece of her car in one of my mufflers.

As long as you take it to a good body shop you will be taken care of. I took mine to a chevy collision center. They towed it there. My exhaust doesnt look as bad as yours and they replaced it all. Heres what it looks like now and like i said if you go look at my post about it, you can see mine was all bent to the left and shoved up in the bumper. They did an awesome job

I told them all factory oem parts and thats exactly what they did. You should be fine and good luck!!

[MustangKiller]

I work at a body shop my only advice to you would be to not accept any aftermarket parts you want all OEM

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[DevilDawgSS]

If you want to upgrade parts, you pay the difference between what the insurance company pays and what it will cost.

You can absolutely claim diminished value, but insurance companies will try to deny it. It's well documented that a vehicle in an accident loses value. Make a demand for 10%, but you will likely get less.

Go to the doctor, and follow all their instructions. Go to every follow up. Go to a chiropractor also. Document all time you spend dealing with the accident and document lost wages. They will owe you that.

Also, make sure you file a claim with her insurance. Have all repairs done under that claim. Have all doctors visits filed under that claim as well. Tell them they need to put you in a vehicle like yours - they can't just stick you in whatever.

THE Last Post Winner

[DevilDawgSS]

Originally Posted by jrpimp00

Didnt see it in the post but you need to ensure the police report states exactly who is at fault, not that there was just an accident. You can end on on the hook for your own vehicle and so can the other two parties.

I was in an accident where I got T-bones cause a guy was on his phone and ran a red light. Since there was no third party witness and he swore that I jumped the light, the cop put us both at fault. This was back in 2003

In a rear end job, the party in the rear is at fault.

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[ghosted]

Originally Posted by DevilDawgSS

In a rear end job, the party in the rear is at fault.

THE Last Post Winner

This isn't ALWAYS true. I have first hand experience.

[DevilDawgSS]

Originally Posted by ghosted

This isn't ALWAYS true. I have first hand experience.

To clarify, when a vehicle is stopped as in this case, the party in the rear is always at fault. Basically the only time the vehicle in the back won't be is if someone cuts in front of them and slams on their brakes. I am guessing that is what happened with you. If not, elaborate.

THE Last Post Winner

[ghosted]

Originally Posted by DevilDawgSS

To clarify, when a vehicle is stopped as in this case, the party in the rear is always at fault. Basically the only time the vehicle in the back won't be is if someone cuts in front of them and slams on their brakes. I am guessing that is what happened with you. If not, elaborate.

THE Last Post Winner

Sorry, I can't elaborate. The case is still in court. But yes, something like that.

[DevilDawgSS]

Ah, insurance fraud tactics.

THE Last Post Winner

[tritus]

My insurance already mentioned that I might have to settle for aftermarket parts due to my policy (I have no idead where to check for this on the policy).

Any advice on how to proceed? They have my car at their suggested shop and I have the option to move to a chevy dealership collision center.

What should I do?

[Thor142]

Originally Posted by flyboy9994

It amazes me how tough these cars are, especially in the rear. That's the third hard hit I've seen on this forum and you think the damage would be way worse.

I was thinking the same thing.

[Mels RS]

Originally Posted by tritus

My insurance already mentioned that I might have to settle for aftermarket parts due to my policy (I have no idead where to check for this on the policy).
Any advice on how to proceed? They have my car at their suggested shop and I have the option to move to a chevy dealership collision center.
What should I do?

You should/will be dealing with her policy, not yours. You CAN (and should) demand OEM parts!

[tritus]

Originally Posted by Mels RS

You should/will be dealing with her policy, not yours. You CAN (and should) demand OEM parts!

I do not have her insurance info yet and my insurance is trying to fix my car now without oem parts.

They said they have to wait couple weeks for the police report which I already have and sent it to them to find her info buy meantime they are trying to fix my car. I guess somehow they are trying to help me get the car fixed but i do not want non oem parts.