Woman Crashed Into Me. How Do I Handle the Car Appraisal Process?

[William]

Everyone is okay.  It was only at about 20mph.  A woman tried getting in my lane with no notice and literally bashed sides with me.  My drivers side is really torn up.

My car will be totaled for sure.  Progressive insurance (her company) is having me get the car assessed by a dealership this week.  After that, the representative said they will tell me their valuation of the car based on J.D. Power & Associates review of recent sales of this particular car in my area.  I also have the option of buying the car back.

What has been your experience with Progressive?  What if the price they quote me is far lower than I feel is right?

Oh and I almost forgot!  I was driving out of the city 110 miles otherwise I would have been on a safe bike path!

[Erica/NWEdible]

Glad to hear you are safe and uninjured.

Having recently been in a total-out situation, you will probably get cut a fair market replacement cost check for your vehicle. As I understand it, this stuff is all basically in a giant database now and there really isn't the "negotiation" or "wiggle room" factor that there used to be. I'm not with Progressive, but the payout for my totalled vehicle was about what it would have cost me to buy that same vehicle in the used market. I didn't feel screwed or taken advantage of.

In terms of "buying back" your vehicle, look into salvage license for your state and determine if that is something you are even interested in. I was definitely not, but my vehicle had frame damage that would have made it more expensive to repair to safe drivability than it was worth. If you are interested in keeping your vehicle instead of selling it to the insurance company, they will pay you the fair replacement amount *minus* the salvage value. So you'll get less money.

Here is additional info that might be helpful:
http://www.geico.com/claims/claimsprocess/total-loss-process/
http://www.dol.wa.gov/vehicleregistration/salvaged.html

[William]

You rock, Erica!  I appreciate it!  I'm still a little unnerved about the whole situation.  The car has been in my family since I was in 2nd grade and now I'm 23 so needless to say I'm a little attached to the car.  I will report back as this process progresses so the thread will hopefully help someone else in the future!  Tomorrow I make an appointment for the appraisal.

[Erica/NWEdible]

When I was in my accident, even though no one was seriously hurt, I was really, really upset by it. It was an emotional and physical shock that took quite awhile to wear off. (I had my two young kids in the car, so that may have exacerbated my reaction.)

I was also very attached to my totaled car, and, in an effort to "put the accident behind me" I promptly replaced it with the exact same make and model, only a few years newer. Looking back, I wish I had taken more time to really assess what my current vehicle needs were. So, if I may offer one piece of advice, if you possibly can, take a few weeks or so until you no longer feel unnerved by this weird process and buy your next car once you are in a good position to evaluate your needs and can actually "enjoy" (as much as is possible) the idea of comparison shopping for your next car.

:)

Good luck!

[jba302]

If they say total it then it's probably unlikely you will find a better route unless you have serious repair skills, especially with the age of your vehicle. The only situation I would bother with a buyback is something like a jeep that has a shitload of aftermarket gear access and a repair skill level requirement approximately at "toddler with strong grip and internet access."

The best way to fight a lowball valuation is to have actual asking costs on hand in your area - craigslist and local dealers. Be sure that the valuation includes local taxes and registration fees, I'm not certain all states require that but I've heard of people not getting that included in the check. Otherwise Erica is right on with the database thing. I have some friends that work total loss desks and there's little interest in dragging these types of claims out, the problem they face is the guy that thinks a 1980 rusted out pickup is irreplaceable.

[153]

I was in an accident covered by Progressive, and while the car wasn't totaled, they quoted me the price at which they would have totaled out the car ( I came close).

My experience was that the "fair market value" system works out better for non-mustachian cars (see new insurance trend of "better car replacement" - one model year newer, really?). I had only bought the car 6 weeks previously, from a little old lady who drove it just about never. It was 9 years young with 31k miles on it - and my calculated future use value of the car was waaaaay more than the  $ quoted as the "value".

I was not going to find another car like the one I had just gotten for the price they would have paid, and I suspect that that's the case for many a mustachian driver - finding a car for $3-5k isn't the problem, but finding one maintained to your liking is a different beast. Not saying it can't be done, but I echo what was said by Erica - I was under a lot of stress, and the thought of having to find a new car that matched what I had just spent months trying to find, was a nightmare and a half.

Final thought: progressive was my insurer and the accident above was claimed on my own policy, but they guarantee the work they do for as long as you own the car, provided you use a body shop they approved. If they don't total it - find out if this applies to you. I know it's unlikely, but its a nice thing to keep in mind.

[William]

I was in an accident covered by Progressive, and while the car wasn't totaled, they quoted me the price at which they would have totaled out the car ( I came close).

My experience was that the "fair market value" system works out better for non-mustachian cars (see new insurance trend of "better car replacement" - one model year newer, really?). I had only bought the car 6 weeks previously, from a little old lady who drove it just about never. It was 9 years young with 31k miles on it - and my calculated future use value of the car was waaaaay more than the  $ quoted as the "value".

I was not going to find another car like the one I had just gotten for the price they would have paid, and I suspect that that's the case for many a mustachian driver - finding a car for $3-5k isn't the problem, but finding one maintained to your liking is a different beast. Not saying it can't be done, but I echo what was said by Erica - I was under a lot of stress, and the thought of having to find a new car that matched what I had just spent months trying to find, was a nightmare and a half.

Final thought: progressive was my insurer and the accident above was claimed on my own policy, but they guarantee the work they do for as long as you own the car, provided you use a body shop they approved. If they don't total it - find out if this applies to you. I know it's unlikely, but its a nice thing to keep in mind.

This reminds me of my situation.  My car has 300,000 miles on it but they are nearly all highway miles.  Our family are the only ones who have ever owned the car.  I recently did all the belts, fluids, brakes, filters on the car.  It's engine was named one of the 10 best of the 20th century (3800 Series II).  Transmission only has 100k.  No rust but a 1/4" x 1/4" patch near windshield. 

Sometimes money doesn't always reflect the value of a car.  I, like you, will only buy a car if it has been maintained perfectly.

[StarryC]

I do think condition is where there is some negotiation on total value.  For example, they expect that a car is driven X miles per year.  If your car has lower milage there is an adjustment for that.  They also rate the upholstery and body for the age as average, above or below.  It doesn't hurt to call and say, my car, though 10 years old, only had 31K miles and was in excellent condition and see what they can do.  It might be nothing, but it might be a few hundred dollars. 

Also, you can get compensation for "bodily injury" even when you aren't seriously injured.  Were you sore the next day or did you have a headache?  I'm not saying go to massage therapy daily for 2 months.  However, that is the part of the claim intended to compensate you for the shaken up feeling you have.  I work in this field, and I'd say even with no treatment, people who ask usually get $500 to $1000 per person.  This could be further increased if you can say "I usually ride my bike for errands, but wasn't able to for 3 days, and I had trouble sleeping that night, and I took advil every 4 hours for the next 2 days."   There is no point to being a mustachian stoic with the insurance company. 

[William]

I do think condition is where there is some negotiation on total value.  For example, they expect that a car is driven X miles per year.  If your car has lower milage there is an adjustment for that.  They also rate the upholstery and body for the age as average, above or below.  It doesn't hurt to call and say, my car, though 10 years old, only had 31K miles and was in excellent condition and see what they can do.  It might be nothing, but it might be a few hundred dollars. 

Also, you can get compensation for "bodily injury" even when you aren't seriously injured.  Were you sore the next day or did you have a headache?  I'm not saying go to massage therapy daily for 2 months.  However, that is the part of the claim intended to compensate you for the shaken up feeling you have.  I work in this field, and I'd say even with no treatment, people who ask usually get $500 to $1000 per person.  This could be further increased if you can say "I usually ride my bike for errands, but wasn't able to for 3 days, and I had trouble sleeping that night, and I took advil every 4 hours for the next 2 days."   There is no point to being a mustachian stoic with the insurance company.

Thanks for your knowledge sharing.  I have spoken with her insurance company and they asked if I was injured and I said no.  Is it too late to somehow request "bodily injury" damages?  If it is not, how should I do so?  Call the customer service rep. assigned to my case? 

I consider myself a strong person.  I haven't cried in years even when my girlfriend of 3 years and I broke up.  Not too many things bother me but I haven't slept 8 hrs. in a night since the crash.  The first night I only slept for a few hours and I was sounding like a crazy person when I had conversations for days because I still have had so much adrenaline in my system.  Seriously, at work today I hardly got anything done because it went as follows: work a tiny bit, deal with her insurance company, work a tiny bit, deal with her insurance company.  Even when I was able to work for an hour or so, I couldn't concentrate.

I really should figure out some way of getting just compensation.  Even the work I have missed has amounted to hundreds.  What should I do next?

[StarryC]

It doesn't  *help* your case that you said you weren't injured, but I am a lawyer doing these type of cases and find that about half of the people I see said that and then go to urgent care the next day and then go to a chiropractor for 3 months.  What they usually mean by "not injured" is that they didn't break a leg or need stitches.

Just call the claims rep ("Adjuster"), and say "I know I said I wasn't injured, but I haven't been able to sleep well since the accident and have been distracted.  I lost about X hours of productive work time this week, related to this accident.  I realize that isn't a serious injury, but I feel like I should be compensated for the stress, pain, and anxiety this has caused me.  Could you offer me $X,000 for that?"  They might negotiate down, so start higher than you'd accept.  They might try to argue with you, or say they need medical bills/records.  You can just say that you don't think you need any medical treatment, but this has impacted your life.  This is a great time to practice negotiating for your next used car purchase.

Do know that once you accept a number it will be really hard to fight that (If they send you a check for $500, you can't go back in 2 weeks and ask for more.)
Lawyers usually take a 30+% fee off of your settlement, so it isn't worth it unless they completely refuse to negotiate with you or you have a lot of expenses.
Gather proof if you have any, especially of the lost work.  If not be prepared to talk about using ice, heating pads, advil, or other pain killers.

If your accident totaled your car with a side swipe and happened at 20 miles an hour they WILL expect some bodily injury.  They routinely see people in 10 mph parking lot rear end accidents getting treatment for a few weeks. I think a number above $1,500 would require some proof and would be harder.  I might start with that number, aiming to negotiate to $750 or so.  (Of course if you have proof of your lost wages, I'd expect more.)  If you have actual lost wages or medical treatment expenses try to negotiate for a settlement of 1 to 2x that amount. 

[William]

It doesn't  *help* your case that you said you weren't injured, but I am a lawyer doing these type of cases and find that about half of the people I see said that and then go to urgent care the next day and then go to a chiropractor for 3 months.  What they usually mean by "not injured" is that they didn't break a leg or need stitches.

Just call the claims rep ("Adjuster"), and say "I know I said I wasn't injured, but I haven't been able to sleep well since the accident and have been distracted.  I lost about X hours of productive work time this week, related to this accident.  I realize that isn't a serious injury, but I feel like I should be compensated for the stress, pain, and anxiety this has caused me.  Could you offer me $X,000 for that?"  They might negotiate down, so start higher than you'd accept.  They might try to argue with you, or say they need medical bills/records.  You can just say that you don't think you need any medical treatment, but this has impacted your life.  This is a great time to practice negotiating for your next used car purchase.

Do know that once you accept a number it will be really hard to fight that (If they send you a check for $500, you can't go back in 2 weeks and ask for more.)
Lawyers usually take a 30+% fee off of your settlement, so it isn't worth it unless they completely refuse to negotiate with you or you have a lot of expenses.
Gather proof if you have any, especially of the lost work.  If not be prepared to talk about using ice, heating pads, advil, or other pain killers.

If your accident totaled your car with a side swipe and happened at 20 miles an hour they WILL expect some bodily injury.  They routinely see people in 10 mph parking lot rear end accidents getting treatment for a few weeks. I think a number above $1,500 would require some proof and would be harder.  I might start with that number, aiming to negotiate to $750 or so.  (Of course if you have proof of your lost wages, I'd expect more.)  If you have actual lost wages or medical treatment expenses try to negotiate for a settlement of 1 to 2x that amount.

I'm honored your only 2 posts on this forum have been in my thread!  And yes, the accident was a side swipe at between 20 and 25 mph.  My car is being assessed tomorrow but I assume it will be totaled.  I will take your advice and contact my claims rep adjuster.  My plan is to cite stress, fear, anxiety, loss of wages.  The number I will ask for is $2,000 (I'm read for war).  The more I think about it (and it's hard not to) the crash has really made me angry and I haven't done anything productive at work all week and I could get my boss to verify (he understands the situation).  I work for a large company so perhaps it would be easy to have them write something up for me.

And my left side (side of crash) of my body has been waking me up at night hurting.  I didn't think too much of it but it's mostly because I was raised to never complain.  I even went without going to the doctor once after being trampled by a full grown cow.  Should I mention this or will getting a doctor to prove something be too much of an obstacle?

I took the car into the dealership this afternoon (missing work, go figure).  I made a one-page list of the car's history, maintenance, replaced parts, and factory options.  I also spent the afternoon getting the car clean because the dealership told me it made a big difference in their offer.  Thanks for your advice on what I should do with the car as well as the legal matter.  Thank you very much!

Update: I called the claims adjuster and just spoke in general terms about the accident.  I gave no number that I wanted.  She opened a bodily injury claim.  Tomorrow someone will call to quiz me about what I went through since the accident.