Car Accident Advice

June 9, 2004 3:34 PM

CarAccidentFilter: My beloved Nissan Sentra, the car that had never given me a single problem in the 5-1/2 years since I bought it new, was brutally killed by a cellphone wielding SUV driver. The car is totalled. I need advice (more...you know where)

Here's the deal.

Last week the aforementioned SUV driving (expletive omitted) smashed my back end so brutally that the insurance adjuster says my car is totaled.

I was fully and legally stopped at the time. She "didn't see me." Amazingly enough, the cop who worked the accident scene did NOT cite the driver but recorded her as being 'at fault' for insurance purposes.

I strongly suspect this person was yakking away on a cellular phone which impaired her ability to see my fully stopped car. However, I'm in Florida, which is behind the times in enacting anything above the most useless of laws regarding cellphone driving and accidents.

My question (yeah there's an actual question):

There is no way the monetary damages will cover a suitable replacement car. I have not yet heard back from Allstate (her insurer) but going strictly by the Blue Book "Private Party" value, I probably cannot expect much above $5500 in reimbursement for my sorrow. This does not make me happy.

Is it worth persuing...legal...avenues, in order to get compensation from the driver at fault, in order to buy a new car? I am very apprehensive about what $5500 could actually buy for me. I do not want to buy somebody else's used car problems (which is why I bit the bullet and bought new in 1998). I am figuring the cellphone angle might work for me here. I could subpeona her cellphone records to determine if she was yakking at the time of the crash.

I should mention: my car was paid for with cash (new), I had no car payments, and I do not want any car payments in the future if I can help it. Added bonus: I'm closing on a condo in 2 weeks, rendering me nearly cash-less for quite a while, and will not have any meaningful disposable income of my own to cover the cost of a vehicle.

And for the record, no I was not injured (thank god). But what god left whole, he also left pissed. Any advice/commisseration welcomed.

posted by contessa to Travel & Transportation (31 answers total)

How does your neck feel? Hurts doesn't it? Sometimes it takes a couple of days to really "kick in".
posted by Witty at 3:42 PM on June 9, 2004

So... you are hoping to find a way to replace your old vehicle with a vehicle of greater value, without paying anything out of pocket? I'm no expert, but I think that's a little unrealistic.

Maybe your emotional attachment to (and experience with) the Nissan is causing you to overvalue it. It sucks that cars depreciate, but that's how it is.
posted by Galvatron at 4:02 PM on June 9, 2004

Health issues aside, your insurance company is replacing your car. Minus the deductible, they're giving you the cash value of the vehicle when it was totaled. I know you loved your car, but that's what it was worth. In theory, you should be able to buy another Sentra of the same vintage with that money, and that's all the insurance company will cover.
As for health issues, well, you could ask your agent to try to extract some pain and suffering in a settlement from the SUV driver's insurance company, but without real injury, I wouldn't expect it to go far.
posted by plinth at 4:02 PM on June 9, 2004

Unfortunitly, you will be recieving the apropriate compensation from your insurance company, i.e. $5500, the value of your car. I dont see how you could claim any more value than that, because, you could take that $5500, go to a used car lot, and buy yourself the exact same car, and that seems fair to me. With that amount of money, you should be able to spend around $18000 on a new car, and keep your payments around $250/month. (i just went through this myself). personally, i would buy a $12000 used (certified pre-owned) car from a dealership, and pay the $100 a month. If you cannot find room in your budget for a monthly payment, you're looking at getting a $5500 used car. (as a more helpful hint, though, if the insurance company tries to give you less than that, challange them to find you a place where you could buy your same car for whatevetr they want to give you, but be aware that if they can, they will give you the lower price)
posted by Davidicus at 4:04 PM on June 9, 2004

Unless you're either injured or "injured", no you can't get any more money.

I'm betting you could buy a 6 year old Nissan Sentra with the money... how is that not fair?
posted by falconred at 4:10 PM on June 9, 2004

I strongly suspect this person was yakking away on a cellular phone

"Suspect?" Do you mean that you're not sure the person was yakking away, or that you can't "prove" it?

IANAL, of course, and it's probably a long shot, but if you can prove that the driver was talking on a cell phone -- via her cell-phone records, available (probably?) to your attorney if you pursue legal action -- you might have a stronger case.

Oh, and to restate: IANAL.
posted by davidmsc at 4:24 PM on June 9, 2004

$5500 will definitely buy a 6-year-old Japanese car. You will have many to choose from. Toyota and Honda will be the most problem-free.
posted by kindall at 4:33 PM on June 9, 2004

I was fully and legally stopped at the time. She "didn't see me."
I strongly suspect this person was yakking away on a cellular phone
Before cell phones this happened. A SUV sits higher than your car, something I too have to be careful of - your situation also, as my second car sits lower than yours.
posted by thomcatspike at 4:33 PM on June 9, 2004

See a doctor. If you were at a complete stop and got hit that hard then your car probably isn't the only thing that's damaged. You might not notice anything now but if it's there and you don't do something about it, you're going to be hurting a few years down the road and then it'll be too late to fix it.

Also, I'm told that you can be reimbursed fully for any new parts/equipment that were installed in the last six months. So, if you got a new radiator or new tires a few months ago, you might want to dig up those receipts for the adjustor.
posted by stefanie at 4:51 PM on June 9, 2004

With regards to you being hurt, a whiplash doesn't always appear right away fyi. Hope you are ok and all works out. Car accidents for me have always been one big hassle.
posted by thomcatspike at 4:56 PM on June 9, 2004

I was in a similar situation a while back, and was told that unless you're hurt to the point that you can't work, you're probably well enough not to seek monetary damages.
posted by crunchland at 5:03 PM on June 9, 2004

My suggestion would be to pick up a few of those newsprint magazines full of local auto sale listings and start doing research. If you can demonstrate that you cannot purchase a car that's similar quality of yours with the settlement they are offering, they might come up a bit.
posted by MegoSteve at 5:14 PM on June 9, 2004

If you are closing on real estate DO NOT UNDER ANY CIRCUMSTANCEs BUY A CAR BEFORE YOU CLOSE. (Assuming there would be payments)

A lot of mortgage financing deals get murdered that way....
posted by konolia at 5:31 PM on June 9, 2004

Your calculus should also include the value of your time and grief should you choose to seek some kind of relief through the courts, which will involve lots of both. Plus a lawyer, and his fees. It might be worth it to haggle with the insurer, but beyond that, I'd probably take what they offer.
posted by adamrice at 5:33 PM on June 9, 2004

Should be $5500 for the car, $2000 for the hassle, $1000 for a kiss to make it all better, and a pound of flesh from the asshole who chose to not drive with due attention and care.

But, then, I'm a little bitter about automobile "accidents." Damn near lost the love of my life to one. Grrr.
posted by five fresh fish at 5:55 PM on June 9, 2004

Response by poster: eee...thankyou for all the responses and suggestions, even the ones that leave me hopeless. Keep 'em coming.

Regarding my neck: It was stiff when I woke up the two days following the accident, and the stiffness seemed to disspate quickly after I was up and around. Since I historically 'store' my stress in my neck/upper back, and it's fair to say I was under considerable mental stress following the accident, it would be tough for me to say unequivocally that it was an accident injury. I'm aware that yes, these things materialize after days or even weeks. I'm keeping an 'accident' diary just for that purpose, if the need arises for me to have to prove something.

As for my definition of 'suitable replacement': I must underscore that my car had no (zero!) mechanical problems, no (zero!) body damage pre-accident, and very low miles (~44k after 66 months of ownership). Car-pride aside, I've looked in the classifieds for what I can get in the range I'm expecting to be offered. and it isn't good. In fact, it's terrible. (ps. that's a good idea to show the going rates for equivalent cars of the same type/age and I am going to do that, thanks!)

I guess what I really, really want to know is this: Let's say I take the sentra-killer's insurance payout. Does that preclude me from privately seeking additional damages? Would I, in effect, be waiving my right to bring claims against the murderess? I don't want to shoot myself in the foot. I'll take what I can get from her insurance company, yes, but the larger question is -- is that ALL I can ever get, period?
posted by contessa at 5:57 PM on June 9, 2004

I am under the impression that by accepting the settlement from the insurance company, you preclude yourself from seeking damages in the future. At least, that was the case from my (shockingly similar) accident. I also believe state law (your location may vary) requires that you exhaust the other driver's insurance coverage before trying to personally sue him from out of their own pocket.

If you are indeed truly hurt, and I hope you aren't (muscular injuries to the back and neck are awful -- from my similar experience), please seek treatment, but don't do it because you want more money for the car. I know you loved the car, I loved mine too and I had taken extremely good care of it. I know the accident is infuriating and the fact that the other driver was so ridiculously careless with your life is frightening. But it's a car, they are going to give you the value for it and you can and will find another.

good luck. be well.
posted by jerseygirl at 7:28 PM on June 9, 2004

Many states have passed anti-driving-with-cellphone laws, and there may be a provision authorizing a private cause of action. A phone call to your state attorney general's office will confirm this for you before you go hire a lawyer.
posted by PrinceValium at 7:51 PM on June 9, 2004

Don't settle until the neck injury proves itself one way or the other. You won't be able to (easily?) re-open the case once you close it.
posted by five fresh fish at 8:24 PM on June 9, 2004

If the person smashed into you from behind, it shouldn't matter what she was doing at the time (unless she was somehow pushed into you by another vehicle). Accordingly, trying to prove she was on a cell phone is a waste of time unless there are specific penalties that are payable to you as a result of statute (which is unlikely). Also the following comment from here might be helpful:

If you want some pushback with the insurance company, your best bet is to do what I do. Call the local [Nissan] dealerships and ask them if they have a used version of your car with the exact options you had and get them to fax you a price. Call three dealerships, and get all of their prices, then talk to your insurance agent with the evidence of what it would cost to replace your car with its equal in your marketplace. Those numbers are pretty hard to argue with (and to your advantage since the first dealer quote is always going to be higher than you would actually pay for the car)

This approach has gotten me more than $1000 over blue book value on 3 of 4 accidents.

Finally, it would probably be worth your time (and it shouldn't cost you anything) to speak with a reputable attorney if the insurance company is not cooperative. On preview, what five fresh fish said is good advice . . .
posted by ajr at 8:44 PM on June 9, 2004

Contessa, it's a car. You're okay, and your beloved piece of machinery is not. Doesn't matter if she was on the phone, or for what reason. Her insurance company must give the actual value of your car.

Spend some time on cars.com and ebay, and try to find a similar creampuff. Call a dealer or 2. A 1-owner, well-maintained, low mileage car gets more cash. Ask the insrance company for the actual value, as evidenced by your research. Stress that you loved the car and intended to drive it for a long time. Make them pay for your rental while you shop for the new car. Be firm and reasonable and they will up the amount. They did for me when my beloved Toyota was cruelly and mortally injured.

Then move into the new home and get a new car. Soon the pain will ease as you transfer your affections, oh fickle one.
posted by theora55 at 8:45 PM on June 9, 2004

Following what ajr/theora55 said, get quotes from local dealers for a car whose specs replace your old one. Get it on their headed notepaper (hence fax) as a quote. It might help if you had the same garage/shop/mechanic service the Nissan, so they can attest to its condition. Did you have it dealer serviced? Had it been serviced/tuned recently? Do you still have the bill of work? Etc. Good luck.
posted by carter at 9:47 PM on June 9, 2004

As far as legal recourse against cell-phone-weilding SUV drivers -- IANAL, but ... you cannot, under any circumstances, at any time, sue for punitive damages in a property-loss case. You must be able to actually prove monetary loss due to pain and suffering, injury, or financial loss. If it even smells like you're 'punishing' the cell phone driver for smashing into your car, you're gonna get smacked down hard by the judge and you'll be out legal fees.
posted by SpecialK at 10:16 PM on June 9, 2004

And depending on what state your in and the mood of the judge, you may have to pony up for the defendant's legal fees as well.
posted by falconred at 10:39 PM on June 9, 2004

your - you're - whatever!
posted by falconred at 10:40 PM on June 9, 2004

When I got rear-ended, it was over a month before my neck made it known it was not very well. I had no financial stake in a sore neck, my accident was a hit-and-run, and my insurance proved to be off-shore (California, and hence, the state could not help me collect. I have learned since that I had a air-tight case to sue the agency that sold me the policy. I had bought my low-mileage used Toyota only 4 days previous! Thank god it was driveable!) And I continue, 14 years later, to have neck problems.
posted by Goofyy at 12:12 AM on June 10, 2004

When I got rear-ended, it was over a month before my neck made it known it was not very well. I had no financial stake in a sore neck, my accident was a hit-and-run, and my insurance proved to be off-shore (California, and hence, the state could not help me collect. I have learned since that I had an air-tight case to sue the agency that sold me the policy. I had bought my low-mileage used Toyota only 4 days previous! Thank god it was driveable!) And I continue, 14 years later, to have neck problems.
posted by Goofyy at 12:13 AM on June 10, 2004

A little late, but here goes: I was in a car accident where a woman ran a red light and "T-boned" my car. She was clearly at fault, as all three lanes of traffic were moving and I was more than half-way (!) across the intersection when her pretty little Corvette knocked me into oblivion. I also had witnesses who were kind enough to stick around until the cops came and they gave their story. I was injured slightly (neck and shoulder) and contacted an attorney. The end result was compensation of three times my medical bills, which left me with one-third of that as cash. For that, I was in physical therapy for over six months, and the amount came to around $1,500. Hardly worth the time. (Although I was actually injured and wasn't seeking the cash).

Conversely, the person who hit me wasn't injured at all, was at fault, and still filed a claim against my insurance. They called it a "nuisance" suit and ended up throwing $2,000 her way to shut her up. You can imagine how pissed off that made me, but it was my insurance company's decision and didn't affect my premiums, so whatever.

Bottom line is: if you want to pursue additional compensation, then your first stop is at an attorney's office, because the insurance company is more likely to take your suit more seriously if they can't blow you off so easily when you have a lawyer annoying them on your behalf.

Good luck!
posted by cyniczny at 6:45 AM on June 10, 2004

I've recently realized, nine months after a minor accident, that the reason my left wrist hurts these days is entirely to do with the sprain that I got. It tooks months for this to work itself into a state that it finally became noticeable, more or less continuous, and annoying.

Which means I probably should have gone to a doctor and insisted the other driver pursue this through the insurance company. (The damage to my vehicle was piddling, so I figured at the time it wasn't worth the hassle.)
posted by five fresh fish at 10:48 AM on June 10, 2004

They called it a "nuisance" suit and ended up throwing $2,000 her way to shut her up. You can imagine how pissed off that made me, but it was my insurance company's decision and didn't affect my premiums, so whatever.

It's bad to file nuisance suits and get out-of-court cash settlements; your own insurance company will learn of this, of course, and will note it in your file. Rumor has it that filing a nuisance suit will do interesting things to your premiums.
posted by SpecialK at 11:46 AM on June 10, 2004

SpecialK: Care to share your source regarding nuisance suits and increased premiums?
posted by ajr at 12:48 PM on June 10, 2004