Rear-ended into another car...insurance claim suggestions?

[SC_S13]

OK so I'm looking for some feedback for a situation that I may or may not be in. Let's say I was sitting at a stoplight behind a car during a red. When it turns green, no one moves yet, but a car rear ends me and pushes me into the car in front of me. So during the aftermath, the person at fault would agree that the accident is entirely her fault. my car would be drivable and not entirely destroyed, but the nice silvia front end i put in is now misaligned and passenger side lights, corners, and fenders definitely need to be replaced, along with my hood not being able to be popped. the K's aero bumper would be in good condition (thank god). and the rear bumper and bumper bar are pushed in, misaligning my garnish, trunk, and right tail lamp.

So the damage is not really that bad, but there is no way I'm going to settle for a even more POS looking junk misaligned front/rear. However, our cars are 20 years old, and State Farm has already suggested that this might be categorized as a total loss. I definitely would not sell them my car, so what kind of options do I have, and what is the best way to get payment to fix my car? I've searched up a couple insurance threads, and none really pertain to my situation (not my fault at all, not huge structural damage, my car runs, etc). Input would be appreciated.

[stunnaben]

You are not at fault. You won't get punished, her insurance will cover it and if i were you i would let them total it, buy it back for cheap and fix it all. Just my 2 cents

[Brian]

Are you sure he isn't at fault?

[NISMO_tuner]

If it was only rear end and you didnt hit the car in front of you then its entirely her fault.
But I heard from somebody that if you hit the car in front of you because somebody else rear ended you then you practically rear ended the person in front of you. Sounds kinda dumb, but it does make sense in a way.

If they were to total the car out, I would say sell it, and buy it back. Then with the money that you have remaining, replace the parts that got damaged. Parts itself shouldnt be more than a few hundred if there is really no structural damage.

[FaLKoN240]

http://zilvia.net/f/chat/155652-insurance-claims-s13-5500-a.html

[DALAZ_68]

You are not at fault. You won't get punished, her insurance will cover it and if i were you i would let them total it, buy it back for cheap and fix it all. Just my 2 cents

last i herd, if u rear and someone its ur fault, wether u were hit first and caused the situation, or ur own stupidity

Are you sure he isn't at fault?

not by choice

If it was only rear end and you didnt hit the car in front of you then its entirely her fault.
But I heard from somebody that if you hit the car in front of you because somebody else rear ended you then you practically rear ended the person in front of you. Sounds kinda dumb, but it does make sense in a way.



ive herd the same

what i would do with the one that hit YOU, take the car to 3 legit shops, as for quotes...assuming ur car was painted one color, paint can be added to cost...if theres cracks and wat not on the headlights, add the cost for those, the fact that u can buy them from nissan shold help out A lot...

if u feel the insurance company is screwing you, F it and take to small claims...the one who hit u is responsible for all the damage to you car...you have a chance to settle for more if u bring all the documentation of quotes for repair/labor/parts...but as far as i know, CA max on small claims is 5k, im not sayin that what u can get, im just telling yah what the max u CAN claim, im doubting ur near that...

as far as the one YOU hit, i dont know...all the accident iv been in were never my fault...knock on wood...

[theicecreamdan]

My cousin was in almost the same situation. You are partially at fault for being too close to the car in front of you. But that's only going by the book, since every situation is different if you feel you're being shortchanged then take it to court if you need to.

[Brian]

Yeah, that's why I mentioned it.

I thought they had this to say,

If you get rear ended and then hit the person in front of YOU, you are at fault for THAT because you were too close to begin with....

[1ZlowZ]

Yea at drivers school they said if you hit the car in front of you, no matter the reason its your fault. You can probably fight back saying you were able to see the rear wheels of the car in front of you which is the distance you're supposed to be at or greater. Just that the impact of the car the rear ended you sent you far enough to him the driver in front of you.

Also you guys are up a hill and the driver in front of you has a manual tranny and his car backs up and hits you, its your fault. :D

[VROOOM]

Yeah, that's why I mentioned it.

I thought they had this to say,

If you get rear ended and then hit the person in front of YOU, you are at fault for THAT because you were too close to begin with....

thats all relative. you could be hit by someone going 60mph and would most likely still be pushed in the car in front.

too me it seems like a crappy situation.

[BustedS13]

Yeah, that's why I mentioned it.

I thought they had this to say,

If you get rear ended and then hit the person in front of YOU, you are at fault for THAT because you were too close to begin with....

this is what i've always heard.

OP: if the insurance co doesn't think you're at fault for anything, go ahead and ask for cash from the person who is, instead of filing a claim. you drive an s13. it's going to be totaled.

[SC_S13]

State Farm (the provider for the lady who hit me) is not contesting the fault of either accident (her hitting me, and i suppose me hitting the person in front of me). My insurance isn't putting up a fuss about the either accident, and Liberty Mutual (provider of the person i was pushed into, has not put forward any claims through my insurance. I'm just not sure they'd even pay me enough money to buy new silvia front stuff. I spent alot of time making sure everything fit flush :-( I just hope there is no damage to my rad support.

So should the plan be to let them pay me for the car after negotiating the price and then buy it back?

[PANGES]

I was in the exact same situation. I was in traffic and someone slams into the back of my car and I get pushed into the car in front of me. I didn't get pinned at fault for anything. It was the fault of the last person in the domino effect. I got paid out as well as the person in front of me.

After my Evo was totalled, I bought it back and sold it to a friend of mine that wanted it, so I can probably chime in on this as well. If they deem your car a total loss, talk to your claims rep and tell them you want to buy your car back if it's totalled. They'll tell you an amount and take it out of the settlement check.

[SC_S13]

this is what i've always heard.

OP: if the insurance co doesn't think you're at fault for anything, go ahead and ask for cash from the person who is, instead of filing a claim. you drive an s13. it's going to be totaled.

Though the person who hit me didn't contest the fact that it was her fault, she already assumed my car was a POS and was saying how the damage was "minimal" at best. I'm pretty sure she wouldn't pay me nearly enough to replace everything that needs to be replaced. This is so frustrating.

[PANGES]

^ It's not nearly as complicated as you think it is. You were at a stop. She rear ended you. /claim.

btw: It's too late to ask her for cash anyways if you already filed the claim, which is seems like you did since you mentioned you already spoke to your own insurance.

[!Zar!]

If they hit you hard enough to send you into the other vehicle, then it's their fault.

My friend was driving his subaru, came to a stop and a man hit him so hard that he caused two other cars to be involved.

If you rear end someone, you aren't ALWAYS at fault.

Most insurance companies will just cut you a check for the price of your car and you can buy it back for a small amount.

[stunnaben]

Ppl I got rear ended and pushed into the car in front of me. I was at a complete stop got hit at like 30 mph and it slammed me into the car in front of me. fucked my vehicle up barely scratched the tahoe in front of me. Totalled the car that hit me.... I got compensated and the lady was at fault for both hits

[krazyfil]

yea they say if u get rear ended and rear end the person in front of u then its your ault cuz u were too close to the next vehicle which caused u to hit them or some gay shit

but yea let them total it out, and after they pay u... i hope u have receipts for all ur aftermarket options... they will let u buy the car back for mad cheap

i wish i woulda done that... but when mine got totaled i brought the receipts for over 10k invested in the car, and all it did was bring my payout from 1700 to 2500... and i was so pissed off i didnt even wanna look at another 240 again so i jsut said fuck the car keep it... dont make my mistake.. get your car back lol

[!Zar!]

yea they say if u get rear ended and rear end the person in front of u then its your ault cuz u were too close to the next vehicle which caused u to hit them or some gay shit

but yea let them total it out, and after they pay u... i hope u have receipts for all ur aftermarket options... they will let u buy the car back for mad cheap

i wish i woulda done that... but when mine got totaled i brought the receipts for over 10k invested in the car, and all it did was bring my payout from 1700 to 2500... and i was so pissed off i didnt even wanna look at another 240 again so i jsut said fuck the car keep it... dont make my mistake.. get your car back lol

What?

So if you are stopped fifteen feet behind the car in front of you, and some individual crashes into you while they are going 65mph, with your logic even if the car still hits the car 15feet away, it would be his loss.

I've seen someone t-bone a car which resulted in it spinning out onto the oncoming lane where it hit two parked cars, and one of the parked cars damaged a bus stall.

The chick that t-boned the car and everything that was damaged as a result of it was to the person at fault.

Like I stated earlier, my friends car was hit so hard he hit the car infront of him, and that car hit the car infront of them.

The man who first STARTED the crash is at fault.

Now if he was too busy looking at another crash and hit someone because of rubbernecking then of course he would be at fault.

But in this case, he isn't.

And anyone who tries to argue that has an extremely low chance of winning their case.

[krazyfil]

well my friend got stuck with this back when i used to live in nevada.. he got rear ended and hit the other person and he was blamed for stopping too close to another vehicle or some stupid shit... i didnt say it made sense or it was my logic... im jsut telling u what i have seen happen before

[!Zar!]

Sounds like he didn't know how to argue his case or his lawyer sucked.

[FaLKoN240]

...Did you even READ the link I sent you?

It sounds like you have the case, start looking up cars of equal value in your area, or within 50 miles of it. Get receipts of any of the new shit you may have bought, and start saving that stuff up.

Did you get anyone to come out and appraise the value of your vehicle yet?

[RiversideS13]

yeah you can dispute the value of your car.

when i had my s13 rear ended, it was total loss and insurance gave me $2000 after negotiate with them (compare to $1200 original offer). i brought it back for $150 and sold it for $500 as part car

[zylvia213]

one thing for sure you or your insurance will not pay a penny.... you will still be considered at fault for rear endeing another car but person at fault insurance has to pay up for the damages.

As for the total loss, well just buy it back from them for a couple hundred bucks. Unless you have reciepts of all the stuff you put on the car the insurance might pay but if not dont even count on it. It all depends on what insurance the person at fault has.... if they have some cheap ass insurance they will bullshit you and tell you lies. Do your homework, call your insurance and just ask them how that works, or better yet ask a lawyer they will tell you, this kind of shit happens everyday.

[!Zar!]

Yes, do your homework and find out that you are NOT at fault for hitting the car in front of you.

[HyperTek]

Also you guys are up a hill and the driver in front of you has a manual tranny and his car backs up and hits you, its your fault. :D

yteah shit sucks, one time someone hit me and ran, well i could tell because they where coming in too fast in a van and tried to make a turn in front of me and they understeered, i tried to move forward and they hit my rear quater panel *otherwise they would have hit my door/me*, and insurance said that because i was moving i was partial to blame =(

[SC_S13]

...Did you even READ the link I sent you?

It sounds like you have the case, start looking up cars of equal value in your area, or within 50 miles of it. Get receipts of any of the new shit you may have bought, and start saving that stuff up.

Did you get anyone to come out and appraise the value of your vehicle yet?

I definitely read it, and as a result, i've scoped out some craiglist cars already. I just wanted to find out which methods from your experiences have worked the best. I may not have conveyed the fact that I indeed did a little research on how this process works, which is my own fault, but its a proven fact that the way you plan or the options given dont always happen in your best interests. For example, local body shops have told me that adjusters that come to your residence are more generous than those at insurance appraisal centers, etc. These are the tips I'm looking for, and so far you guys have been a good help.

and btw, I know I'm not at fault, though some of you have suggested I maybe because of me hitting the car in front as a result of the rear end. I stated that there is no fuss over the fault. It's the fact that State Farm has already made it clear to me that they're leaning towards making it a total loss outright, and I suppose i'd rather not have a salvage title. But theyre coming on Wednesday so ill have time to prep.

[gtstwincam]

It's the fact that State Farm has already made it clear to me that they're leaning towards making it a total loss outright, and I suppose i'd rather not have a salvage title. But theyre coming on Wednesday so ill have time to prep.[/quote]


Make sure you clean the car before the adjuster sees it. He/she will be doing a total loss evaluation. clean interior and ext as well as engine bay means above average in those categories.

Find comparable vehicles in your area (within 50-100 miles). you dont have to accept the insurance offer. you can dispute it and have them consider the vehicles YOU found.

Gerald- Auto Claims adjuster

[FaLKoN240]

Gerald is da homie. LISTEN TO HIM.

I know it sucks and you probably don't want to work on a car that may not be yours any longer, but its in your best interest to make it presentable.

Think of it as selling off a child you don't want. ;)

[zenki.life]

shit thats that same insurance guy. i need to pm you.

[SC_S13]

Update time, thanks for the input everyone. I cleaned the car before the adjuster came, but I couldn't be present because of my 40 hr/wk schedule. However, my friend was there, and he said the adjuster wouldnt accept any consideration of local market value at that time. He did spend a decent amount of time taking a look and taking pictures (40-50 min). There was not much else I could do, and seeing at my hood couldn't be popped he didn't get in there, which is probably for the better. As of now, I'm waiting to hear back from them.

[gtstwincam]

The reason the adjuster did not accept any local market value at that time is because it is TOO EARLY in the stages of your settlement. In most cases, the adjuster inspects your vehicle at your residence, declares it a total loss, runs a vehicle valuation (cond rating, etc) and then forwards the claim to the Total loss department.

Usually within 24/48hrs, a total loss adjuster contacts you to discuss settlement. It is at that time you can counter with your comparable vehicles you found (local market vehicles).

If they do not call you within 24/48hrs, call them and follow up. Ask the adjuster for the contact information of the adjuster who will settle the claim (if they have that information).

[SC_S13]

Yeah they just called me to say that they're going to forward me a bunch of information from their total loss department soon. they refused to tell me how much they valued my car at right now. Thanks for the help, more updates to come.

[SC_S13]

Update: So State Farm won't except Craigslist ads, which means I have to hunt for Autotrader ads and what not with the appropriate information (VIN, Mileage, Name, Zip, Price) and forward it to their independent evaluation company, Mitchell International. and since there are almost zero 89 two tones in the area, it might screw me over. AND they think modifications will lower my value. At this point, I have about 3000 dollars worth of damage and they want to settle at half of that. I'm gathering reciepts and what not, but whats my best course of action?

[gtstwincam]

If they cannot resolve settlement based on what you provide and what they provide, ask for an appraiser to come out to determine a fair value on your vehicle.

Tell them your car is not just a regular stock car, it is "customized" with special equipment, etc.

If this is YOUR insurance company, its not covered. If its THEIR insurance company, they dont have a contract with you so they have to cover your car with the modifications as a whole.

Your vehicle is in high demand in today's drift culture.

AE86s, S13's, S14s, FC's, etc.

:drama:

[SC_S13]

Yeah, I tried explaining that to them, and the rep just kept insisting that modifications decrease the audience that my car caters to, hence lowering the value. The company Mitchell International is not quite local, and I don't know if they will send an appraiser out. She explained that once they have the list of my mods, they being State Farm, they'll forward it to Mitchell, who will reevaluate the value by finding other cars of similar build, which she was quick to say might end up lowering the value. It's not my company btw. Thanks for all the help by the way, gives me a little hope lol

[Frixco_240]

Your car is probably totaled, since it doesn't take much to total a 240. I faxed a list of my mods to AAA when my car was in an accident and they honestly don't give a fuck about mods. So, total your car, then, get a check for 3-4k. buy the car back for... $600? Either rebuild with the money you get or part it out and start fresh. Then, get a lawyer to deal with your body injury claim. Go see a chiropractor asap. Rear end accidents can fuck up your neck really bad. Don't take it lightly

[gtstwincam]

Yeah, I tried explaining that to them, and the rep just kept insisting that "...modifications decrease the audience that my car caters to, hence lowering the value...."

Tell the rep to give this to you in writing...

Exactly- They wont.

You need to find comparable vehicles with similar mileage, options, etc.

YOU DONT HAVE TO ACCEPT THEIR OFFER.

The insurance company is going to find their comparables to support their settlement offer.

You need to find your comparables to counteroffer their offer.

If it cannot be resolved, you need to DEMAND an INDEPENDENT APPRAISER to resolve the settlement. What the independent appraiser decides is what will be settled.

if you still cannot resolve this, contact the Department of Insurance (State of Ca) and seek advice.

FYI: insurance companies worry when you mention DOI or Dept of Insurance.

Bureau of automotive repair - who you complain to regarding body shops and repair facilities

Dept of Ins (DOI)- who you complain to regarding insurance companies

[FaLKoN240]

Yeah, I tried explaining that to them, and the rep just kept insisting that "...modifications decrease the audience that my car caters to, hence lowering the value...."

Tell the rep to give this to you in writing...

Exactly- They wont.

You need to find comparable vehicles with similar mileage, options, etc.

YOU DONT HAVE TO ACCEPT THEIR OFFER.

The insurance company is going to find their comparables to support their settlement offer.

You need to find your comparables to counteroffer their offer.

If it cannot be resolved, you need to DEMAND an INDEPENDENT APPRAISER to resolve the settlement. What the independent appraiser decides is what will be settled.

if you still cannot resolve this, contact the Department of Insurance (State of Ca) and seek advice.

FYI: insurance companies worry when you mention DOI or Dept of Insurance.

Bureau of automotive repair - who you complain to regarding body shops and repair facilities

Dept of Ins (DOI)- who you complain to regarding insurance companies

Hell yeah, listen up.

Gerald gonna have the insurance company SWEATIN'

[SC_S13]

haha thanks for spelling it out for me.

[SC_S13]

is it just me or are private sellers SUPER against giving out their VIN? I'm worried I won't be able to get all the information State Farm wants because NO ONE in the bay area with 89 nissans want to give up their VIN. Some stupid girl who's on norcal-240sx.com told me it's illegal to give out that information. Why are some 240sx owners so damn sketchy.

[gtstwincam]

why are you trying to obtain vins?

All you need is print outs of advertised vehicles.

Youre creating more work for yourself.

[FaLKoN240]

Yeah, sounds like you're trying to jack cars.

[!Zar!]

Uhh, vins are right on the dash. It's public view. Just like license plates.

[SC_S13]

I wouldn't do it if i didn't have to apparently. The appraisal company doesn't take craigslist ads because of their lack of information, including VIN, Price, True mileage, name, phone. That's what they told me.

[FaLKoN240]

I used Craigs for mine.

I guess that's why AAA is best!

[gtstwincam]

cars.com, traderonline.com are good sources. Craigslist can be a problem because anybody can post a "fake ad".

Find the craigslist ad with all the information on it, phone #, etc.

Stay away from the "testing the waters" BS ads.

[SC_S13]

both cars.com and autotrader.com fails me. there's only 2 mediocre listings in the 100 mile radius around my area lol

[FaLKoN240]

Sucks where you live at. I had a ton of good ads for mine ;)

[gtstwincam]

both cars.com and autotrader.com fails me. there's only 2 mediocre listings in the 100 mile radius around my area lol

Go 500mile radius and tell the total loss person that you went 500 miles as you couldnt find any comparables within your area.

Dont tell them you went 500 unless they ask.

[Genovese.Jr]

depens if it is a no fault state