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Author Topic: Car totaled, legal advice... How did you get cashed out?  (Read 4782 times)

Rx7toCivic

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Car totaled, legal advice... How did you get cashed out?
« on: November 17, 2011, 01:40:53 PM »

Yesterday I was rear ended in my girls scion and I'm pretty sure the car is totaled. I priced out just parts that were damaged at around 3700 not to mention labor + body work and paint. Cars median value is about 12k, we owe 10k on it. We both already went to the er and got diagnosed with neck and back sprains.

Looking for your experiances with getting settlements from the insurance company. Person that hit us had liability and we have full coverage. I'm meeting with a lawyer today to see some options but curious if anyone on here has gone at it without and got some cash out of it.

Pic from the accident.

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hatchboy

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #1 on: November 17, 2011, 01:58:26 PM »

We both already went to the er and got diagnosed with neck and back sprains.

I'm meeting with a lawyer today to see some options but curious if anyone on here has gone at it without and got some cash out of it.
Do you actually have neck and back sprains or just trying to get money? The way this sounds, you are trying to get free money.....

Rx7toCivic

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #2 on: November 17, 2011, 02:02:53 PM »

No, actually pretty sore today. Still have a headache, whiplash is a bitch. But to answer your assumption this is American and I would like to be compensated for my time and discomfort for the cow that hit me not paying attention.
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Jorsher

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #3 on: November 17, 2011, 02:26:44 PM »

No, actually pretty sore today. Still have a headache, whiplash is a bitch. But to answer your assumption this is American and I would like to be compensated for my time and discomfort for the cow that hit me not paying attention.

Proper thing would be to be compensated for lost wages, medical bills, and obviously the car.

Be grateful if you just get that.  When my CRX was totaled, and I know I wasn't at fault, woke up with around 40 stitches from the chin up to the top of my head.  CRX was obviously totaled and looked in much worse shape than that.  It took me 6+ hours to "wake up" -- I was awake the whole time but in a daze and don't really remember shit.  Anyway, I spoke with a lawyer, because this was a company dump truck involved and I at least wanted $2500 for the CRX, the medical bills and lost wages covered.  After almost a year the case got dropped with me not getting a goddamned thing.  The reason was a "witness" (the closest car behind me was at least a quarter mile behind) said that I "tried to pass the truck and lost control," but didn't mention that the truck was going considerably slower than my car before it decided to cut me off, in which I attempted to go around it and lost control due to the limited amount of time I had to make the maneuver...  They also claimed that I said I "smoked marijuana," which was true in the aspect that I did smoke from time to time, but I never said that to anyone after the accident (my mother was there to confirm I didn't), and I was coming from work so am 100% positive that I did not smoke a goddamned thing that day.

In short, I *deserved* money and didn't get a fucking thing but medical bills, pain for a month, and a totaled sweet car.  I understand it's "normal" to try to get as much money as possible, but other than it being morally wrong, it indirectly raises insurance for everyone.  I'm not saying this is what you're attempting, just giving my $0.02 on why it's fucked up.
« Last Edit: November 17, 2011, 02:30:13 PM by Jorsher »
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Rx7toCivic

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #4 on: November 17, 2011, 02:33:34 PM »

My case is the complete opposite. In az if you rear end someone no matter what you're at fault. She was cited for causing the accident and already admitted guilt to both insurance companies.
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Jorsher

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #5 on: November 17, 2011, 02:48:07 PM »

My case is the complete opposite. In az if you rear end someone no matter what you're at fault. She was cited for causing the accident and already admitted guilt to both insurance companies.

No, it's the same here, but nobody was rear ended in my accident.  The dump truck was maybe going 5-15mph on a road that has a 65mph speed limit (which I was going, of course), and it's rear was half a car length in front of me before it decided to move into my lane.  I tried to go around the left side of it, CRX went into a slide, and the last thing I saw was the side of the bigass flatbed trailer it was pulling.
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Rx7toCivic

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #6 on: November 17, 2011, 03:15:35 PM »

In my state you would have been found at fault for failure to control your vehicle to avoid an accident.
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Jorsher

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #7 on: November 17, 2011, 03:26:36 PM »

In my state you would have been found at fault for failure to control your vehicle to avoid an accident.

So wait.  If someone pulled out in front of you, and you hit it, who would be at fault?
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Minor Threat

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #8 on: November 17, 2011, 03:48:46 PM »

Fault is almost always determined by the officer on scene.

If someone cuts you off, slams on brakes, and you hit them, you're not at fault.

If someone slams on their brakes and their already in your lane and you hit them, you'll probably be at fault.
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Rx7toCivic

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #9 on: November 17, 2011, 03:52:36 PM »

In my state you would have been found at fault for failure to control your vehicle to avoid an accident.

So wait.  If someone pulled out in front of you, and you hit it, who would be at fault?

If you're traveling the same direction yes would be your fault.
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snm95ls

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #10 on: November 17, 2011, 04:49:07 PM »

If she is determined to be at fault, her insurance policy will cover your expenses.  That is the whole point of liability insurance.

turbob16hatch

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #11 on: November 17, 2011, 11:59:55 PM »

Stop trying to scam the insurance companies, your not entitled to anything for that pathetic amount of damage. Grow up.  ::)
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Stealthmode

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #12 on: November 18, 2011, 12:53:03 AM »

Stop trying to scam the insurance companies, your not entitled to anything for that pathetic amount of damage. Grow up.  ::)

  I haven't seen where his scam is, or wanting to be "entitled" to anything other than making sure the expenses from the accident are covered......which is why people buy insurance to begin with. You sound like a crabby bitch.
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HiProfile

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #13 on: November 18, 2011, 01:03:32 AM »

Most states' laws are written where you almost always should have been been far enough from the accident to slow down to avoid it. If someone rear-ends you or pulls in front of you (when failing to yield), they are mostly or completely at fault. You can't avoid those situations, unless you were speeding and t-boned them.

I know someone else here in WI that went through all sorts of rehab shit and didn't get squat afterwards.

Your best bet is to find the value of the car on KBB, try to find what similar cars are selling for locally, then try to prove the condition it was in previously. You'll also want 1-2 independant estimates, one using OEM parts for cost, another using aftermarket parts for cost.

But chances are they will not total it, and will only offer to fix it. My bro works at a high-end body shop, and one insurance company opted to put a new FRAME into a 300-mile-old Dodge Viper, along with $3k worth of rims & tires. Guy drove into a ditch and bent it to hell but they wouldn't total it. He's also seen one that was driven into a lake and another set on fire that insurance had them fix. Insurance companies do not like to FEEL scammed. You'd be better off scamming turbos off of Honda tuners.
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Rx7toCivic

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #14 on: November 18, 2011, 01:26:12 AM »

Stop trying to scam the insurance companies, your not entitled to anything for that pathetic amount of damage. Grow up.  ::)

  I haven't seen where his scam is, or wanting to be "entitled" to anything other than making sure the expenses from the accident are covered......which is why people buy insurance to begin with. You sound like a crabby bitch.

This.
And I'm sure I'm entitled to a car to replace the one we lost, I'm just glad we had equity in the car cause we put such a big down payment.

I don't see how a frame being replaced on a new 100k sports car would total it out. This is an entry level car that requires tons of spot welds to be drilled out to replace panels, the labor will probably match the parts cost if not exceed it. Our insurance company's policy is if it exceeds 51% of the value they just buy us out. I will be very surprised if it isn't totaled out.

All that is besides the point I was asking for personal experience of people in a similar situation and what route they took. If you don't have that to the thread then go fuck yourself.
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Jorsher

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #15 on: November 18, 2011, 01:55:35 AM »

Stop trying to scam the insurance companies, your not entitled to anything for that pathetic amount of damage. Grow up.  ::)

  I haven't seen where his scam is, or wanting to be "entitled" to anything other than making sure the expenses from the accident are covered......which is why people buy insurance to begin with. You sound like a crabby bitch.

Title "get cashed out," "and got some cash out of it," "we already got diagnosed with neck and back sprains," and having a lawyer all sounds like someone trying to make a profit from it.

The accident is not that bad.  They'll determine if it's worth fixing, and will fix it if it is.  If it's not, they'll total it and you may have to argue to get what's owed on the car.
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Joseph Davis

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #16 on: November 18, 2011, 09:33:16 AM »

What happens varies state to state. 

To answer your question as best anyone not in AZ can: in NC there is a big difference in how quickly and how lucratively an insurance company settles, and the difference is whether or not you have a lawyer.  In NC, you want a lawyer stepping in to take a large cut, because the remainder is going to be larger than what you'd get otherwise.

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #17 on: November 18, 2011, 01:15:06 PM »

What happens varies state to state. 

To answer your question as best anyone not in AZ can: in NC there is a big difference in how quickly and how lucratively an insurance company settles, and the difference is whether or not you have a lawyer.  In NC, you want a lawyer stepping in to take a large cut, because the remainder is going to be larger than what you'd get otherwise.

Sounds like the best advice so far.  :noel:

Rx7toCivic

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #18 on: November 18, 2011, 02:55:51 PM »

What happens varies state to state. 

To answer your question as best anyone not in AZ can: in NC there is a big difference in how quickly and how lucratively an insurance company settles, and the difference is whether or not you have a lawyer.  In NC, you want a lawyer stepping in to take a large cut, because the remainder is going to be larger than what you'd get otherwise.

We are handling the Property damages through our insurance and they are sending the other party the bill as they have already assumed 100% liability. We hired a lawyer to take car of the injury side of it.
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Jorsher

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #19 on: November 18, 2011, 03:37:54 PM »

What happens varies state to state. 

To answer your question as best anyone not in AZ can: in NC there is a big difference in how quickly and how lucratively an insurance company settles, and the difference is whether or not you have a lawyer.  In NC, you want a lawyer stepping in to take a large cut, because the remainder is going to be larger than what you'd get otherwise.

We are handling the Property damages through our insurance and they are sending the other party the bill as they have already assumed 100% liability. We hired a lawyer to take car of the injury side of it.

Out of curiosity, what did the medical bills total?

Mine came out to $14-15k, for some stitches, xrays, and being in the hospital maybe 6 hours.  Fucking ridiculous.
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HiProfile

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #20 on: November 18, 2011, 08:16:45 PM »

I don't see how a frame being replaced on a new 100k sports car would total it out.

The frame costs $45k alone from Chrysler, shipping isn't very cheap nor is the install. Chassis rack work is his biggest money maker. You're lucky if yours and the other guy are 51%, but many now will go over 90% before they total a car.



BTW if they do total the car, I'll give you $35 for the injectors & clips.
« Last Edit: November 18, 2011, 08:19:33 PM by HiProfile »
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Rx7toCivic

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #21 on: November 18, 2011, 08:23:51 PM »

What happens varies state to state. 

To answer your question as best anyone not in AZ can: in NC there is a big difference in how quickly and how lucratively an insurance company settles, and the difference is whether or not you have a lawyer.  In NC, you want a lawyer stepping in to take a large cut, because the remainder is going to be larger than what you'd get otherwise.

We are handling the Property damages through our insurance and they are sending the other party the bill as they have already assumed 100% liability. We hired a lawyer to take car of the injury side of it.

Out of curiosity, what did the medical bills total?

Mine came out to $14-15k, for some stitches, xrays, and being in the hospital maybe 6 hours.  Fucking ridiculous.
i have no clue yet. trip to the er and some doctor visits so far.

I don't see how a frame being replaced on a new 100k sports car would total it out.

The frame costs $45k alone from Chrysler, shipping isn't very cheap nor is the install. Chassis rack work is his biggest money maker. You're lucky if yours and the other guy are 51%, but many now will go over 90% before they total a car.



BTW if they do total the car, I'll give you $35 for the injectors & clips.
ill be looking at buying it if they give us a decent option for that, friend in a mexican body shop will buy it for a good price and fix it lol
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potatodude

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #22 on: November 18, 2011, 08:25:56 PM »

Totaled my 2000 civic that i bought for a grand, got $5000 for the car. My brother was in the car with me, he's getting $57,000. Still waiting to see what i get.
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Rx7toCivic

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #23 on: November 18, 2011, 08:46:21 PM »

Totaled my 2000 civic that i bought for a grand, got $5000 for the car. My brother was in the car with me, he's getting $57,000. Still waiting to see what i get.
jesus. im just wanting enough cash for a down payment.. looking at a tsx
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Hotrodlincoln

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #24 on: November 19, 2011, 02:15:00 AM »

Get a rental car now! Itll get settled quicker if her insurance is paying for your daily driver. Next get a couple estimates, send them to her insurance- also send them your doctors bills. Do this...like now. The quicker you take action the quicker you get settled..
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turbob16hatch

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Re: Car totaled, legal advice... How did you get cashed out?
« Reply #25 on: November 19, 2011, 04:25:39 AM »

Stop trying to scam the insurance companies, your not entitled to anything for that pathetic amount of damage. Grow up.  ::)

  I haven't seen where his scam is, or wanting to be "entitled" to anything other than making sure the expenses from the accident are covered......which is why people buy insurance to begin with. You sound like a crabby bitch.

Hrm, when i say it i'm a "crabby bitch" but when you say the same shit your an og that "makes hits". Steve read the fucking thread again, and get back to me when you understand what the fuck i just said was in reference to. Steve you really go out of your way to say some shit thinking anyone fucking cares.
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