Daughters car totaled... need advice

[pete3799]

My daughter and her boyfriend were on their way to a concert Sunday when she had to brake for stopped traffic (2 lane rural road). She was rear ended by a motorcycle.
Driver of the bike died, passenger survived (N.H. so no helmet).
Daughter and boyfriend are fine. Car was towed somewhere by Ins. co. but I think it's drivable.

Insurance co. says her car is totaled (2014 maybe 15 Toyota Camry).
Not sure of the mileage on it.
Ins. says car is worth 9957.09 she owes 10,075.00 on it (no gap Ins.).
They want to deduct 1000.00 (deductible) from the settlement.
Is that kosher? I can see it if you are fixing the car but if it's totaled seems like the deductible wouldn't apply. I've never totaled a car so don't know.

I haven't seen the car yet but they claim the frame is bent. I have a hard time believing that a bike could total her car. She's on the hook for 1117.91 and no car.

If she were to buy the car back , provided it's fixable, what would it be worth to the Ins. co? Scrap value is what...300 bucks?

[pavulon]

Sorry to read of your daughter's trouble, the rider's death and passenger's injury. That sort of thing can stay with people for a long time.

As for the capacity of a motorcycle to total a car, not a stretch at all. It's not much different than slamming the energy of up to a ton (bike plus riders) of wrecking ball into a car. Google will gladly show images and video of MC vs car showing both of them losing terribly.

[stomachmonkey]

Never take their first offer.

Do a little research, get the year and mileage correct, know the options it had.

Check Carmax, Auto Trader, Craigslist (used dealers)

Grab comps and to show them that she can't (if it's true) replace the vehicle for what they want to pay out.

I've done this before myself, last time when they totaled my Mazda 3 from hail damage I got the pay out up an additional $1,500.

[pwd72s]

After being involved in a fatal accident, no matter who was at fault, I'd be shaken. Is your daughter handling this okay?

That said, do some searching on the net for similar car, similar mileage, check prices. Hell, even a call to the sales dept. of the nearest Toyota dealership would probably yield more accurate value info than we could.

[Bill Douglas]

The car and insurance would be the last thing on my mind.

[Don Plumley]

Originally Posted by pavulon

Sorry to read of your daughter's trouble, the rider's death and passenger's injury. That sort of thing can stay with people for a long time.

Well said.

In general, the party at fault pays for damages. In this case, it is the deceased's estate and/or insurance policy. I'm guessing your daughter agreed to subrogate her claim to her insurance company, so if/when they recover

https://www.amisinsurance.com/content/subrogation_information_article.php

For Example: Suppose another driver runs a red light and your car is totaled. You have insurance on your car, so you call your insurance carrier and they pay you for all of your expenses related to the accident. Your insurance company, realizing that the other driver had an insurance policy, then seeks reimbursement from the at-fault party’s insurance carrier. Your insurer is “subrogated” to the rights of your policy and can “step in your shoes” to recover any amount paid out on your behalf. This is the definition of subrogation.

Assuming your daughter's insurance company recovers the agreed depreciated value of the car, expenses, etc., this may or may not cover the deductable.

If the other party/estate has no insurance or assets, then your daughter is out her deductible - it does not matter if the car is totaled or barely scratched.

My son hit a deer in his car. The cost of repair was far more than the value of the car (car was only cosmetically damaged). So for us it was worth keeping the car. The insurance company pays you the cash value of the car less the deductible and less the amount they would get at a salvage yard.

[greglepore]

First of all, hope she's ok emotionally. Its never easy.

If its her own company, yes, its kosher to deduct the collision. But doesn't the bike have liability insurance? They should pay 100% of acv of the vehicle. Make sure that they did appropriate allowances for any extra optional equipment etc.

Frame bent? Its unibody. But once the estimate reaches x% (usually around 70 or so) of vehicle value its a "total loss" by their definition. I had a Benz valued at around 9k totaled by a $6500 estimate on a rear end hit that left the car perfectly driveable but slightly wrinkled. A crush structure in the trunk was compressed-it did its job and I was unhurt but it was a major task to replace.

[aschen]

jeeze I cant imagine how traumatic that scene must have been for her

Without knowing the details, I will buy as many 2-3 year old Camrys as I can get for 10k. Because unless there is 100k+ miles on it I think I can sell such a car for 12-15k all day long.

We sold a 10 year old basic accord with 85 k miles on it for 8000, with a few dings and there was a line forming to buy it

[Por_sha911]

Glad your daughter and friend are physically OK. Make sure there is no repercussions from the accident in the way of PTSD.
The driver that hit your daughter should be on the hook for the full repair/replacement including towing, rental, medical / counseling. If they had little of no ins then talk to your agent (if you trust them) and see what your options are. If the bike was uninsured then your daughter's uninsured motorist probably has a deductible.
As far as the car being totaled by either company: demand an itemized appraisal with photographs. Also demand comps to justify what you are being offered. So your homework and see what her car costs locally and be sure that options, mileage, and condition are comparable. The Ins company may try to show you the same year and model car but with less options and a ton more miles. Once you know what they should be paying, be prepared to fight. Ask to speak to a supervisor if the adjuster won't budge.

[javadog]

When it comes to the settlement amount, don't take the first offer. They will get the market data from an outside company, probably CCC One. It will be worthless, because the people that put it together are idiots, and you can find better comps and increase the value. Some insurance companies will reimburse you for recent maintenance, our recent tires, things like that. I've had a couple insurance claims where a car was totaled. I usually was able to get the settlement amount up 40% from the first offer.

The other party is at fault, so their insurance company needs to pay out. The deductible wouldn't apply in that case. You could also get her medical bills paid. She may be fine physically, but don't rule out the possibility of her needing some counseling to get through this.

Ask for a rental car too, if that's available. She will need some time to find a suitable replacement vehicle.

Good luck to you both.

[LakeCleElum]

Very sad for all involved. Give regards to your daughter and don't let her blame herself.

Being upside in a car means always being one event away from walking. My wife has attracted a few rear end collisions and when the last was totaled: I found the insurance had done their homework regarding what they offered for the totaled car. Wasn't fun, but we took their check and went out an bought another car.

Your daughter should ask how much to buy back and have it repaired to where it's safe and driveable. EXCEPT, you daughter doesn't own it, the lending company does. Daughter might not have much say in the matter at this point?

[pete3799]

All good advice. Thank you.

I'll need to get more info from her and do some homework.
Ironically her only means of transportation now is her motorcycle.

[speedster911]

If the at fault insurance is paying they also need to add sales tax for a new purchase and registration, rental car, car storage and tow fees, medical bills, loss of income etc.

The price they offered sounds awfully low for a 2014 /15. Depending on mileage I doubt you could find a replacement at that dollar figure. As others have stated, the first offer is the low offer, Insurance company's are in business to make money, they know the game - they hope as consumers we do not.

[scottmandue]

Wow, sounds like a terrible accident... even if the car could be repaired I wonder if your daughter would want to be anywhere near it.

Back to value.

I totaled my 2010 Elantra and the insurance gave me $9000.

[aigel]

Get the insurance's appraisal and counter every point they make with your own data. Bury them:

- Condition: If they say condition is "good", make it excellent, i.e. produce receipts of detailing, washing, pictures, oil changes and other services. Your point is that this was a cream puff.
- If they have comps, bring your own in, ads on autotrader from car lots, CPO cars from the dealer, closely matching the car lost.

They will come up with the offer for sure but be prepared to get short changed in the end after all. I went through something similar, but I got the total for the total up from 14 to 16.5 IIRC for a couple hours of my work. Unfortunately the vehicle was probably worth 18+.

This is one reason I don't like loans ... and even if it is paid for, I always cringe at the possibility of an accident early in the car's life.

Good luck to your daughter. Hopefully you can help her get into another safe car by increasing the insurance pay out.

G

[sammyg2]

Frame isn't bent, Camry has a unibody so no frame.
They prolly meant the unibody chassis is bent out of alignment.

Sorry that is of no help at all.

[id10t]

Originally Posted by speedster911

If the at fault insurance is paying they also need to add sales tax for a new purchase and registration, rental car, car storage and tow fees, medical bills, loss of income etc.

The price they offered sounds awfully low for a 2014 /15. Depending on mileage I doubt you could find a replacement at that dollar figure. As others have stated, the first offer is the low offer, Insurance company's are in business to make money, they know the game - they hope as consumers we do not.

Having just shopped for a car for my daughter, $10k wouldn't have gotten us a '14 or '15 Toyota. And nothing with less than 70k miles. Now, that might be regional, but still...

[Baz]

Sorry to hear of the accident, Pete. Glad your daughter and b/f are uninjured. Crappy situation for her in any event.

I can't give you any advice. Other than if you may have a friend who is a practising personal injury lawyer......to get his advice. I have a buddy like that and when something comes up I know I can run it by him and he'll let give me input off of the 'time clock'.

A good one will know exactly what you should do.

Good luck to you and your daughter!!!

[Jeff Higgins]

I really, really hate to use the "L" word, but - find a good lawyer who specializes in automobile accident claims. In a situation like this, such a lawyer will recover enough more from the at fault rider's insurance company that it will more than cover their fees. It just gets so complicated, and there are so many convoluted and confusing laws regarding what you are entitled to that no layman has any hope of ever figuring it out. The insurance company counts on this - they are under no obligation whatsoever to disclose to you, the at loss party, just what they are legally obligated to provide by way of a settlement. I only bring this up because there is only one class of people I consider to be even lower than lawyers - insurance agents. It is their job to protect their company, not you.

[widebody911]

This happened Sunday and they're already trying to settle? Time to seek counsel.