02-07-2016, 07:14 AM | #43 |
Drives: 2010 1LT & 2016 Cadillac CTS V6 Join Date: Apr 2015
Location: Danville, Virginia
Posts: 369
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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.
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02-07-2016, 10:47 AM | #44 |
145lb Powerlifter
Drives: 2013 Camaro 2SS RS LS3 Join Date: Jan 2014
Location: Conshohocken, PA
Posts: 1,146
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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.
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02-07-2016, 11:15 AM | #45 | |
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I told them all factory oem parts and thats exactly what they did. You should be fine and good luck!! |
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02-07-2016, 03:38 PM | #46 |
Drives: 2013 2ss/rs A6 yellow !!!!! Join Date: Nov 2011
Location: Woodbine Maryland
Posts: 659
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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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02-07-2016, 03:59 PM | #47 |
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 |
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02-07-2016, 04:05 PM | #48 | |
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THE Last Post Winner |
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02-07-2016, 07:29 PM | #49 |
BCS Auto
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This isn't ALWAYS true. I have first hand experience.
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02-07-2016, 07:33 PM | #50 |
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.
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02-07-2016, 07:36 PM | #51 | |
BCS Auto
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02-07-2016, 07:38 PM | #52 |
Ah, insurance fraud tactics.
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02-08-2016, 08:46 AM | #53 |
Drives: RIP Camaro/ 6g Mustang GT/Hellcat Join Date: Dec 2014
Location: Columbus Ohio
Posts: 228
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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? |
02-08-2016, 09:43 AM | #54 |
Drives: 2014 2LS (traded in) 2015 1SS 1LE Join Date: Apr 2015
Location: New York
Posts: 2,132
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02-08-2016, 10:06 AM | #55 | |
Drives: 2015 2LT/RS Vert Join Date: Mar 2015
Location: Dallas Area
Posts: 300
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Mel
2015 2LT/RS 'Vert, RRM/Blk Designated Airworthiness Inspector; specializing in Amateur-Built and Light-Sport Aircraft. USAF Vet. <n168tx(at)flytx.net> |
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02-08-2016, 10:13 AM | #56 | |
Drives: RIP Camaro/ 6g Mustang GT/Hellcat Join Date: Dec 2014
Location: Columbus Ohio
Posts: 228
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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. |
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