rear ended - the fun begins
 

So have a new car with all of 500 miles on it. The wife and I are heading to grab a late lunch as I took the day off. Stopped behind a few cars at a stoplight and *bang*. Some guy in a beater Honda Accord ran into the back of the CR-V. Pulled over and exchanged information and I then called my insurance, then his. The guy was nice enough and apologized. Both the wife and I already have some neck and back discomfort so we went to see my chiro. Doesn't seem to be ER-worthy.

My insurance (Progressive) already called back and asked if I was going to pursue it with his company (State Farm) and I said yes since it was obviously his fault. SF adjuster is supposed to contact me tomorrow.

So what's SOP with these kinds of things these days? My biggest concern is that I was going to sell this car to Carmax in 6 weeks or so. If this accident shows on Carfax then they may night buy it at all, or at any rate it will be worth less. I believe I should be compensated for that difference in value. Also, do they even offer "pain and suffering"? I recall getting that some years back when someone hit me.

Fun times...not. At least no coyotes were harmed.

I'm glad you're okay (hope the aches and pains aren't serious and go away).

My one and only experience with Progressive claims was horrible. I hope yours is better but I'd fully expect them to deny you and give you a runaround. Best of luck!

FWIW I believe you can make a diminished value claim in CA but it may have changed since I lived there.

I went through this with my Carrera. My wife was driving alone in the car at the time. She was hurt, but it didn't show up for a couple of days. The injury has never really gone away and maybe has led to other problems. In short, she got royally screwed even with the help of a very cool attorney. The problem was documentation.

So, my best advice to you is go to the ER now. If not, then get into a doctor's office post haste. If you let this slide for even a day, you will get fooked over.

For the moment Progressive (my insurance co) is out of the picture as I'm going direct to State Farm (his carrier). We'll see how it goes.

Ouch - I'm sorry. Health first. Don't sign any releases for a long, long time.

I have never subrograted the claim - I paid my deductible and used my insurance to drive the process. You have leverage with your carrier, you don't have as much leverage with the insured's carrier. Once the car was repaired to my satisfaction, my insurance takes care of collecting from the other carrier and pays back my deductible, expenses, etc.

I've not heard of a successful diminished value in California, but a car with 500 miles might be a good exception. When you involve the carriers the claim will make it to the records, but it might take more than six weeks... (though I'm confused about a six week plan to take it to Carmax)

YMMV

I was in a similar accident about 2 yrs ago . I live in Ont Canada but was rear ended in New York.
New York and Ont are both no fault states . It makes a big difference so find out if Cali is no fault first.
I was driving my wifes 6 month old jeep wrangler . She was not happy, diminished value also varies by state. Ont. doesn,t recognize dv but New York might but I would then need appraisals in NY and it would probably cost more than we would get. (There was about $4500 damage.)
I doubt the car was diminished by $4500 as it was repaired very well .I took it to the best shop in town.
The injury issue is more troubling. I still have 2 numb fingers on my left hand from a pinched ulnar nerve.had about 6 weeks of hell with whiplash but that pain did go away with physio. The other drivers insurance (state farm ) has offered $8000 to settle for pain and suffering.
I have another year before the satute of limitations expires to continue to negotiate a settlement. Still wonder if I should retain a lawyer.

I'll see how the initial discussion goes with State Farm. As for the 6 weeks, I bought the Honda and decided that it wasn't really for me. So I ordered a BMW with the plan to sell the Honda to Carmax once that showed up. I know I'll take some hit, but if an accident is on the record it'll be worth less no matter how well it is repaired.

You get witnesses saying he hit you and you didn't back into him? If the guy who hit you states that you backed up, they won't pay.

You can get the car fixed pretty quickly, and then trade it. I don't think it'll show on carfax THAT quickly.....Either way, it's gonna happen so go fast.

rjp

CA is not a no-fault state, but the legal system is pretty much de facto no-fault. My wife's payment for "pain and suffering" covered time off and parking at the docs. I got paid for the car just fine. It's the injuries, especially "soft tissue" injuries that ins cos want to totally deny.

I can't stress it enough...documentation, even if you don't need it later.

My wife heard him apologize. I suppose he could say it is our word against his (and his passenger) but given the location (at the base of a hill) it would be a stretch to say I went in reverse uphill at a stoplight with enough force to crunch his front end that way.

No sense worrying about what'll happen. I'll have documentation from my doc from today and the damage on the car speaks for itself.

Oh man that sucks. I know you won't follow my advice, so instead I'll say best of luck to you both, and hopefully neither of you were injured.

I too would be more worried about the injury aspect of things. I have a close family member that got walloped good and proper. No physical injury but it banged his brain around pretty good. He's never been quite the same since then. A lack of good documentation killed what should have been a legitimate lawsuit.

And if Carmax asks if the car has been repaired or in an accident you need to tell them the truth so you don,t get sued for fraud later. Hope they don,t ask and only run a carfax.

The best documentation seems always complete medical records and bills. I understand that insurance companies and courts use them as a measure of personal damages suffered. Courts usually award 3 times medical expenses.

The ins companies probably have a formula but will deny it if asked. My medical expenses were next to zero because we have free public healthcare.
My personal file is about an inch thick but the adjuster at state farm only just got around to asking for permission to see my medical records 2 yrs later. They probably hope copies will be lost or no longer available.

Years ago I heard pain and suffering was 3X the medical bills.

Some guy in a newish F150 t-boned me on Skirball Drive years ago. He was apologetic and promised to pay for everything. I told him it was likely $8000 in damage (I ended up being off by $5). I got contact info from the guy behind me who watched the guy simply turn into me as if I wasn't there.

The next day, the Ford driver's tone was completely different. Seems I had run into the front of his truck with my Jeep's left side, and he wasn't going to pay, and by the way had no insurance.

So he said my insurance could 'take care of it.' I tried to tell him they would come after him for the money. He didn't believe it.

Being contrite and admitting guilt at the scene means nothing unless witnessed by a disinterested party, and even then, it's not the same as video or other empirical proof.

Don't count on the other driver to stay truthful.

Get the to the ER. Soft tissue injuries take days or more to show up. It was months before the (shoulder) injury from that particular impact manifested it self, and that was long after the claim was settled.

Oh, and 'pain and suffering?' Forget it. Old wives tale. Insurance companies don't pay out for that stuff unless you sue them, and that takes years.

My understanding is that in CA a rear ending is pretty much a no-brainer wrt fault. I have no doubt the driver may change his tune, but the front of his car into the back of mine is pretty hard to argue.

So for those saying to go to the ER, is it just for documentation purposes? My chiro did a neuro exam on both of us.

I'd bet the insurance company will require an MD, not a Chiro. I don't think you need to sit in an ER if you are not in pain, but go to an Ortho.

Have an appt with my ortho for Fri. Neither of us are in distress so I can't see spending half the night at the ER.