My Husband Met With A CAR ACCIDENT....WHAT IS NEXT...CAN SOMEONE HELP?!!!!!!!!!!?

Question

My husband met with a car accident last night, and thankfully he got out of it without serious injuries, but just some bad sprains, and pains.
He was on green and while he was making his turn, there was this pick-up truck which came in a flash and hit my husbands car on the drivers side rear door. All the air-bags came out except his steering wheel. The windshield is also broken. Police had filed the accident. The other guy did not accept his fault. The body shop guy said that our car is total and will not make it. So far now from what the cops have told we had a independent witness who had given a report in favour of my husband.
We did talk to our insurance co too, and he had a recorded claim with the insurance co.
So now what is next? Will the insurance co pay us or replace the car..we have our insurance with Ameriprise. How long does this take...we are totally clueless, as this our first one & a BIG ONE.

Thank you all in advance, any help would be appreciated!!

Beege,

The accident took place in the state of PA (Pennsylvania).

The accident details are correct, but my husband was already half-way though and was in no-way in conrol of this accident, as this guy stormed from the opposite direction like a flash. And the damage to his car was not that that much at all except a bump in the lef front side with a broken light. He was able to drive off his car, and ours had to be towed. Hope this helps, let me know if you need anything more.

Thanks to all of you who had replied to my q's :)

Answer 1

I will tell you now, this accident will take time to resolve. The specific answers again revolve around what state the accident happened in. If you could respond, I can give better details.

From what it appears, it looks like your husband was turning left in an intersection and a vehicle traveling opposite direction struck your husbands. POI of that vehicle I am assuing front bumper, grill, hood and more damage. POI on your vehicle left rear driver door. POI = point of impact.

If I have the accident details incorrect, please let me know. Based on that it WILL be shared negligence meaning both drivers will share the fault of the accident and here is why;
- Your vehicle has a duty to observe any and all traffic when making a left turn. -- This is where the adverse insurance company will attempt to nail you.
- Claimant (other vehicle) could have prevented the accident based on the POI. -- Meaning if the damage on your vehicle would have been in the front, it would mean that your husbad had JUST turned when the accident occured. Since the damage is to the rear it is somewhat thought that the other vehicle had time to avoid.

Unfortunately, your husband will be at fault partially for the accident. So in a situation like this, they may settle for 70/30 - your husband having the greater percentage. In terms of recovery, your ins company will only receive 30% of the damages they paid out.

When it comes to damages and payments - another poster mentioned obtain an attorney if they don't pay in a week. They WILL NOT pay in a week. No insurance company will. The accident is too complex. They will also not replace the vehicle.

You can expect the following:
- Both insurance companies wanting to do a recorded interview.
- Based on the damage you listed, I would have totalled your vehicle out. If you have collision coverage, my advice would be to use it and pay your deductible and obtain your rental. Use your rental for reasonable downtime only and start to find another vehicle. I always gave the rental for the amount of time it took me settle the vehicle damages + 7 days. Its not much time so you need to start ASAP.
- Start researching the price of your vehicle and what you may be willing to accept. Keep in mind it will be market value so the Kelly Blue Book is often off (overage what the ins will generally give). You may be able to neogiate some with the adjuster, all depends.

My advice:
- Make sure your husband does get checked out with a doctor or the ER. Depending on what state the accident occured and the state your policy is registered, you may have mandatory medical coverage on your vehicles. You may also have opted to add something called MedPay which will reimburse your medical bills up to the limits. (Generally about $3000 but can vary).

- Do not speak with the other driver nor the other drivers insurance company, they will want to do a recorded interview. Speak with your adjuster first and see how he will start to handle the claim.

If you do not have collision coverage, your only option would be to seek through the other insurance company. Keep in mind, depending on what state you are in - you may be barred to recover at all since you may have a higher liability for the accident. In some states, if you are 1% at fault, you CANNOT recover from the adverse insurance carrier.

If you can answer some of my questions above, I can give you more details for your state specifically. I will also be more than happy to answer or clarify anything you may have.

As always good luck. An accident is a trying situation. Also, you may not need an attorney all depends on your case. You are always more than welcome to seek legal counsel. Know your rights!

-- Byron


--- Extra Response to Earlier Questions ---

Unfortunately, hes going to be found the majority at fault, for the mere fact that he is now crossing an intersection (giving up his right of way in the current direction he was travelling). From the points of impact you can definately tell that the other drive COULD HAVE avoided the accident, therefore hes going to take a hefty percentage of the fault as well.

PA is a rough state in some aspects. The good news about PA is there are no-fault medical benefits that is mandatory in the state. With regard to no-fault benefits which refers to medical payments (PIP Coverage) is mandatory of at least 5k for medical bills. You MUST use this coverage under your own auto policy regardless of fault. Meaning your medical payments of up to 5K (may be more depending on what you selected) should be covered by your own insurance. You will not be able to make a claim under the other parties insurance until yours is exhausted (regardless of fault, hence the "no-fault" terminology).

In terms of PA being rough, the state follows the laws of comparative negligence which means you can be found at fault for a loss, but you can recover if your negligence is not more than the other person's. Example, if you were at 60% at fault and the other driver 40% - they both are considered at fault accidents, but you cannot recover from the other parties insurance.

In my experience, I believe that your husband will unfortunately carry the most percentage on this accident. Personally based on what I know as an adjuster I would attempt to settle it at 60/40 but it is not unheard of for a 50/50 so both parties can recover.

Let me know if you have other questions, I will be more than happy to assist.

Good Luck!

--- Byron

Answer 2

Lots of angry, woefully uninformed people trying to answer your question here. Your insurer should send an appraiser to inspect your vehicle within a few days (maybe sooner if they have their own 'staff' claims personnel). If damages exceed the value or a set percentage of the value of the car it willbe declared a 'total loss' and you will be paid the actual cash value (ACV), or market value of the car prior to the loss. Condition and mileage will either add or deduct from the value, if you have a lein holder they will be on the check. You will NOT get replacement cost. You do NOT need to go running to a lawyer. You do NOT need to worry about anything yet. Give the insurance guys a chance to settle the claim before you decide they are robbing you (like so many people believe). There is no advantage to dely closing a claim. If your car is indeed a total loss then settlement could be as quick as a few days. If a week goes by and you've heard nothing it will be time to get them on the phone and start growling!

Answer 3

It will depend on what state you live in. There are different rules for setting the value of a car that is totalled. Once you file the claim the insurance assessor will inspect the vehicle , or accept the body shop opinion, and then send you a check. Not more than two weeks for that.

Remember you have a civil lawsuit against the other driver, be careful about signing ANYTHING that says this is settlement of your claim. You may find that the insurance settlement on your car will not buy you a similar vehicle. Thats when you sue the other driver.

Answer 4

The claims process will take a few days perhaps a week+. All cars with side airbags are designed to deploy when there is a side impact. The airbag in the steering wheel will deploy in a frontal collision. The insurance company will not necessarily replace the car. It saves them time to simply dish out the money and let you shop. If you decide to get a new car, get gap insurance. As you know, as soon as you drive a car off the dealers lot it immediately depreciates in value. Gap insurance will save you the negative equity in case it happens again.

Stay on your insurance companies butt about this claim. They may be seeking the other drivers insurance company to pay so that they do not have to. In this case, it will take longer. Hope this helps.

Answer 5

The insurance company will send someone over to estimate the damage. If the damage exceeds a certain percent of the vehicles value they may total it. First they will pay off any leins you have on the title, If the value is higher than the bank payoff you will get some money back, if not you may have to pay to cover the loan. If you own the vehicle you will get the vehicles fair market value from the insurance company.
If the damage doesn't exceed that certain percentage (set by your insurance co.) they will fix it and return it to you.
Good luck!

Answer 6

The good news is if you have full coverage the insurance will write you a check if the car is considered totaled the bad news is it could take a few months car insurance company's don't like writing checks and they will only give you the depreciated value of the car.

Answer 7

well the insurance will determin if the car is a total loss and depending on your policy they will buy you a new one or at least give you some money for a used one i cant really say how long because it depends on the insurance co.
if they try to "give you the run around" get a lawyer

Answer 8

If you don't get paid within one week, get an attorney. Some of the insurance companies will drag it out and jerk you around.

Or tell your insurance company, "if you don't send a check for the full Kelly blue book value of the car, plus medical expenses, withing 48 hours, we are getting an attorney." You have got to be firm with them.