Crash--Long and OT--Sorry!

Shazanne
on 11/10/07 2:17 am - Currie, NC
That's what my car did on Tuesday evening... Right into the Explorer of the young man who ran a stop sign and pulled out righ tin from of me.  My car is totaled.  His got a dent and when the police were done with us, he promptly pulled out and got himself into ANOTHER accident about a block away, right under our eyes! While I am very grateful to have survived this crash, I have to admit I am shaken up by how quickly my little security zone can be disrupted.  I got a call from the other driver's insurance company late yesterday afternoon, and was told that my car was totaled and that they were offering me a certain amount for it that will not replace it.  While they have provided me with a rental car since Tuesday, they want me to return the rental on Monday, and to have all my things out of my car, including my plates, so that they can tow it to their facility near Raleigh.  She was trying to pressure me to do this this weekend, but I asked her to wait to tow it til Tuesday, as I wasn't sure the body shop is open on Saturdays.  Glad I pushed for that as the body shop is indeed closed today and I cannot get my things from my car so will have to wait til after work on Monday to do so.  Shwe also told me I have to return the rental car on Monday.  I live 30 miles from town where the car is and where the rental place is, so I told her they will have to come pick it up when I get home from work. Ok, the good news and what I need to keep focusing on... I am not seriously injured, I don't think.  I have gone to my doctor and he says I have whiplash which is why I feel as though a freight train ran over me.  He sent me home with some muscle relaxants (a non-drowsy variety) and told me not to sign off with the insurance company for at least 6-8 weeks.  Of course they have offered me a quickie settlement which would benefit only them. The other blessing is that I have a small pickup to use in the intervening time between now and when I get another car.  Things could be much worse.  And of course I am grateful that the young man and his passengers did not get injured either.  But I am in some sort of state of shock and feel as though I am being "bullied" into accepting the offer made by the insurance company for the car.  It will cost me a lot more to replace the car with a comparable vehicle than what they are giving me.  They are threatening to charge me with storage fees if I don't accept their offer. My brother tells me I should sue for both damages and personal injury and seek out the assistance of an attorney asap.  I am not a litigator type, but I have to admit I am feeling pushed around both physically and emotionally and am giving it some serious thought.  My insurance company will not get involved and suggests I contact the State insurance inspector's office for an arbitrator to try to get me more for my car.  They also suggested I can take the settlement check for the car, let them tow it, and then just not deposit the chec****il a final decision is made that I can agree to. Any suggestions out there?  I don't mean to sound ungrateful.  The first thing I thought of were prayers of thanksgiving that I was alive and that noone was seriously injured.  I am also very grateful that I have the pickup to use to get to work.  But I have to confess that I am feeling a bit battered and would love your advice and opinions.  Your support has come to mean a lot to me and I appreciate anything you can suggest.
Aunt_DeeDee
on 11/10/07 2:46 am - Zebulon, NC

First of all, do not let the other insurance company bully you into ANYTHING.  They KNOW they owe you much more and that's exactly why they are pressuring you to take their money and go away with a quickie settlement.  DO get some legal advice.  I can't believe your own insurance company isn't being more helpful.  That sounds a bit suspect to me.  If you have a personal agent you buy from, talk to that person, not somebody at their toll free number.  Speak to who you know personally.

Give yourself into the week to get advice and not make rash decisions.  That insurance company can't force you to do a thing this weekend, unless you LET them!  If they call again, just tell them you'll be in touch after speaking with your attorney first of the week.  Maybe that will encourage them to up the ante.  I'll bet if you do some searching around, you'll find some advice online when it comes to situations like this, at least enough to tide you over until you speak to someone yourself.  The mere fact you and the police witnessed this driver have a SECOND wreck should count for something!

I'm SOOOO glad you are OK.    Now, go get 'em!!!!

Wendy    
305/292/213/199   (Start/DOS/CURRENT/1st GOAL)

Shazanne
on 11/10/07 2:50 am - Currie, NC
Thanks for the pep talk, Wendy.  I know there is nothing I can do this weekend except do my best to enjoy it!  I really appreciate your taking the time to post.
Aunt_DeeDee
on 11/10/07 2:50 am, edited 11/10/07 2:56 am - Zebulon, NC
Read these tips!

If my vehicle is damaged by another driver, what is the responsibility of other driver’s insurance company for my property damage?

ANSWER: When a motor vehicle is damaged due to the negligence of another driver, the amount which can be recovered under North Carolina law is generally the difference between the fair market value of the car immediately before the collision and the fair market value of that car immediately after the collision. Although the cost of repair of the car is some evidence of the measure of damages, the cost of repair is not conclusive or determinative. Property damages also may include loss of value which the damaged vehicle may still have after the repair. If it can be demonstrated that the resale value of the car is decreased due to the wreck, North Carolina law provides that the owner of the damaged vehicle may be entitled to recover this loss of value as well.

Wendy    
305/292/213/199   (Start/DOS/CURRENT/1st GOAL)

Shazanne
on 11/10/07 2:51 am - Currie, NC
tips?  There is no link attached to your message.  Wanna try again?
Lisa_W.
on 11/10/07 2:55 am

Suzanne:      I am SO sorry for the accident you had. I have never quite understood how when someone has an accident and it is not their own fault how come the innocent victim has to suffer because of it. I mean you didn't ask for any of this to happen and then are going to have get a repacment car now and shouldn't have to pay more out of your pocket to be able to drive something comparable to your old car. Make sense? I agree that you should perhaps talk to someone about your best option here. I can't offer much advice other than say don't be bullied into settling right yet. I agree you should wait. You aren't being ungreatful just cautious and smart about it. Glad you are OK though.

Lisa


Aunt_DeeDee
on 11/10/07 2:59 am - Zebulon, NC

Click on the words... they're "clickable."

If that doesn't work, let me know, but I hyperlinked the text.

Wendy    
305/292/213/199   (Start/DOS/CURRENT/1st GOAL)

Shazanne
on 11/10/07 3:01 am - Currie, NC
Thanks Wendy!
grammylew
on 11/10/07 3:10 am - Jacksonville, NC
Shazanne
on 11/10/07 3:23 am - Currie, NC
Thank you.  I guess it doesn't hurt to consult.  I wouldn't do it unless it were on a contingency basis.  If they have enough faith in the case they should be willing to do that.  THe young man was cited by the police.  I also have a hunch he did not have a full driver's license.  He was VERY upset when we hit, as was his mom when she showed up. Thanks for the advice.  Do i go for one of these ambulance chasers that always advertise on the covers of the phone books?  LOL
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