Author Topic: Car Accident- Rear Ended, need advice  (Read 3559 times)

Craft_endlessly

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Car Accident- Rear Ended, need advice
« on: May 09, 2016, 10:44:54 AM »
short version: slow hit ~5mph, hit in rear on highway. Car has been hit in the side previously (which may have something to do with the brake issue?) Had to pull off with emergency break as car breaks weren't working correctly after impact. The guy who hit us didn't have license or insurance on him- but the cop never checked for that. Cop refused to write report because he didn't see damage to bumpers. We have the license plate and the guys name and have contacted the company he was renting the car from to file a claim.
 
Long version:
Yesterday we were rear ended by an army service man without his license in a rental car. He did not have his license on him. My husband pulled off, using the emergency brakes since our brakes were not functioning correctly. He thinks there was damage to the car -the frame, brakes. He, DH, mentioned that our brakes are not working after the accident. At first we are talking with the guy who hit us, and we get a picture of his military ID, he admits he doesn't have his license on him. We ask for his insurance, he says hes in a rental...and goes to check the car. The guys mom (who was in a separate vehicle) starts "why you brakes not working"...and getting pretty loud. My husband says hes not a mechanic, doesn't know and basically refuses to talk to them anymore.So information is not exchanged as we wait for the trooper. The trooper arrives and talks with them first and comes up saying he's going to give us a ticket for unsafe driving? We have no idea what is going on at that point. We were not driving this car with non functioning brakes- which I guess is what the trooper thought happened. Our brakes stopped working properly after being hit, when we were trying to pull off. So trooper doesn't give us a ticket. (I have no idea if he gave one to the guy who hit us). Trooper refused to make a report, he doesn't see damage to their bumper, and our bumper looks okay. My husband starts arguing with the trooper (the trunk no longer opens smoothly, etc). Trooper says between insurance and he will have no part of it, and dh basically keeps trying to get him to write a report. On the third time- I tell DH its fine, we'll have insurance deal with it. DH snaps out of it and explains he under the impression that without a report we couldn't claim any damages. Trooper clarified again and the situation defuses a bit.

Part of the confusion is because the minivan had been previously hit on the side. That dent has deformed a different way after the hit, we point this out. But they cant tell what was there previous and what is there now and the cop said back hit- bumpers fine anything else is irrelevant. DH looked under the car and thought certain portions were bent. It may have crunched if the last accident dented the frame- weakening it so it wasn't as strong when hit from the back?  I don't know if the guy rear ending us is culpable for causing new damage or if it can be argued the vehicle was already unsound? The vehicle had been checked by an adjuster for the last accident. They gave us a check for the repairs- but that was worth more than the car was- so we opted not to repair it. My DH regrets this- I still think that was a fine choice, it just complicated matters yesterday. At the very least, that old check paid the value of the car anyways- so I guess we are square even if this doesn't get resolved with insurance for this accident. Because of this previous issue- I don't know if we will be able to recover any damages from this rear ending. Can anyone weigh in on that?

The cop didn't end up taking down information because he wasn't going to write a report. We ended up not having that guys insurance because between all the arguing on other stuff- it didn't get covered. We should have kicked up a fuss here- for all the information. In hindsight, that is quite obvious- under the circumstances, we were pretty shaken up and didn't realize it had been missed. We had expected the cop to get that information and the other car ended up being uncooperative. DH called for a tow truck to take our car to a shop because he doesn't think our vehicle is safe to drive. So to figure out the insurance stuff, I called the rental company this morning and let them know that we had been rear ended by one of their vehicles- the license number  and name of driver and gave the local office where it was rented our claim number- but they have to wait till the car is returned to do all that. I hope that will be enough that we will get his insurance and be able to deal with this. He did not use their insurance but whatever his private policy is. Have I taken all the steps I need to here? I feel like an idiot right now.

 I feel like we will have to fight insurance for anything and I don't know how strong our claims are to know if its even worth doing. The only other thing I have thought to do is call the friendly adjuster who looked at our car for the last accident and ask his advice and if he can weigh whether or not this is worth pursuing. I feel like he would know since that's his business. My DH wants to call a lawyer that deals with this- I don't know what that costs, and I am reluctant to do so if we don't have a leg to stand on.

Feeling lost. Please advise. Gentleness would be appreciated- we already feel plenty berated and stupid over the whole thing. 

Miss Piggy

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Re: Car Accident- Rear Ended, need advice
« Reply #1 on: May 09, 2016, 10:51:41 AM »
How long ago was the previous accident? The fact that you received a check to have it repaired tells me that details about the damage were written up at the body shop that did the evaluation. Can you not have that previous damage write-up compared to the current state of the vehicle?

Then again, you said the check you received last time was more than the van was worth. So really, how much is it worth now? Is it simply time for a new (used) vehicle?

Craft_endlessly

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Re: Car Accident- Rear Ended, need advice
« Reply #2 on: May 09, 2016, 11:22:05 AM »
Last accident would have been 4-6 months ago. We are trying to have the previous damage write-up compared to the current state of the vehicle but is much less straightforward than one would think.  We have it at the shop now getting checked out- I believe my husband sent them the damage report for the comparison. Last we heard from the shop is that the car isn't starting now. I have no idea how a back end hit with no visible bumper damage did that, but something has gone wrong.

Yes, it is probably time for a new vehicle- especially if this one has any expensive fixes. We want to see if his insurance will pay anything for these new damages- but it looks like that may be hard to prove and will probably be more difficult because we do not have a police report. I doubt his insurance will want to pay out anything- but our vehicle is not functioning now. But whats gone wrong and how to prove its their fault- I don't know.

I think DH wants to escalate this. I want to crawl into a hideyhole and not come out. Today, I don't like being an adult. I want to cut our losses but its only wise to figure out what insurance will do. I hope he takes the lead on this- usually I do and I feel defeated. I don't want to deal with this and that is not like me. I guess I probably feel like I failed already by not handling the rest of it better. INTJ, hate feeling incompetent and am no good at handling my current state of frustration. I usually manage feelings fine, but I feel like crying and have lost control. I hate this.   


deadlymonkey

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Re: Car Accident- Rear Ended, need advice
« Reply #3 on: May 09, 2016, 11:33:57 AM »
This is a big problem I have with car insurance because it has impacted us twice.  Insurance will usually not pay out or will kick and scream if there is no police report, and police are increasingly not wanting to deal with the paperwork on writing a report for a minor accident.  It is a catch-22.  Without a report, and no major visible damage on the rental, the guy can claim not to have been in an accident and there is insufficient proof of one, even with the photos (incidentally it is against regulations for him to let you photograph his military ID).


Best thing to do is get the quote and decide if it is worth fixing (with and without insurance).  If you try to claim his insurance, they will contact your insurance and your insurance will now have record of an accident.  Even if they don't pay out a dime, it still counts in your rates.  Do you have correct contact info for him? 

Craft_endlessly

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Re: Car Accident- Rear Ended, need advice
« Reply #4 on: May 09, 2016, 11:45:53 AM »
All we ended up with was his name information on that ID and the License plate number of the vehicle. He went to the car to get his insurance or whatever and never produced it. It was a commercial license plate and  the car was rented. He did not use their rental car insurance, so it has to go against his policy. We informed the rental company- they said they will make a damage claim because of the damages to our vehicle. He did not give us a phone number. I am hoping the rental place will help button this up since I doubt they want to be held liable.

Why would it be a big deal if my insurance has record of an accident? We were rear ended, we are not at fault. I don't understand how that would affect our rates if we don't get the car repaired on their dime.

Craft_endlessly

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Re: Car Accident- Rear Ended, need advice
« Reply #5 on: May 09, 2016, 11:52:03 AM »
He also said he remember his drivers lisense number- which we wrote down but have no way of knowing if it is accurate or not as he failed to produce a license.

Miss Piggy

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Re: Car Accident- Rear Ended, need advice
« Reply #6 on: May 09, 2016, 12:14:16 PM »
He also said he remember his drivers lisense number- which we wrote down but have no way of knowing if it is accurate or not as he failed to produce a license.

I find this to be a bit odd. (I mean...who knows their drivers license number, unless it's the same as some other number they need to remember? Or maybe it's just me.)

NoStacheOhio

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Re: Car Accident- Rear Ended, need advice
« Reply #7 on: May 09, 2016, 01:08:49 PM »
He also said he remember his drivers lisense number- which we wrote down but have no way of knowing if it is accurate or not as he failed to produce a license.

I find this to be a bit odd. (I mean...who knows their drivers license number, unless it's the same as some other number they need to remember? Or maybe it's just me.)

I know mine, but I'm a freak of nature.

I also know my wife's medical record number (but not my own, go figure). I used to know my main credit card number (plus CVV), but haven't had a chance to memorize it since it changed.

Why would it be a big deal if my insurance has record of an accident? We were rear ended, we are not at fault. I don't understand how that would affect our rates if we don't get the car repaired on their dime.

Because insurance companies will use any excuse they can find to jack your rates.
« Last Edit: May 09, 2016, 01:10:53 PM by NoStacheOhio »

Miss Piggy

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Re: Car Accident- Rear Ended, need advice
« Reply #8 on: May 09, 2016, 01:14:24 PM »
He also said he remember his drivers lisense number- which we wrote down but have no way of knowing if it is accurate or not as he failed to produce a license.

I find this to be a bit odd. (I mean...who knows their drivers license number, unless it's the same as some other number they need to remember? Or maybe it's just me.)

I know mine, but I'm a freak of nature.

I also know my wife's medical record number (but not my own, go figure). I used to know my main credit card number (plus CVV), but haven't had a chance to memorize it since it changed.


I'm sorry to say I know two credit card numbers, expiration dates, and CVVs. But that's indicative of my former internet shopping  addiction. I have since seen the light.

zinethstache

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Re: Car Accident- Rear Ended, need advice
« Reply #9 on: May 09, 2016, 01:25:42 PM »
I've always remembered all significant numbers like DL, main CC, SS, Medical for DH and I. But I am weird that way.

I also remember all significant work numbers.

I do not remember names well at all:( Sometimes I wish I could trade skills... names for numbers!

deadlymonkey

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Re: Car Accident- Rear Ended, need advice
« Reply #10 on: May 10, 2016, 07:13:41 AM »

Why would it be a big deal if my insurance has record of an accident? We were rear ended, we are not at fault. I don't understand how that would affect our rates if we don't get the car repaired on their dime.

Insurance rates are set by risk.  Since you were in an accident, even if it was not your fault, you are in a higher risk pool.  I won't necessarily raise your rates now, if you are with a good company, but if you were to switch and get new quotes, it might be reflected.  To the insurance company, it doesn't matter if they paid out a dime, there is now a demonstrable higher risk of insuring someone who has been involved in any accident.

WildJager

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Re: Car Accident- Rear Ended, need advice
« Reply #11 on: May 14, 2016, 06:50:39 AM »
I'm not sure how I feel about this.  Generally, I believe the onus to repair your vehicle would be on the person that ht you.  However, in this case your vehicle was pote tially unsound because you elected to not repair it after the first accident.  Hence this minor accident may have been the straw that broke the camel's back, which would cause the other driver to pay more than their fair share.

I don't know what the law says about this, but if it were me personally I would probably use the check from the first accident to just get a new car or fully repair yours and drop the matter.  If your vehicle was completely sound before this rear ending that would be one thing, but by your own admission it may not have been.

K-ice

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Re: Car Accident- Rear Ended, need advice
« Reply #12 on: May 14, 2016, 08:25:14 AM »
I will just share my rear end experience.

I was hit once. City driving, maybe 10 miles/h.

There was no damage to the bumper, it looked like it moved down about  an 1/2".

We exchanged info & assumed it wouldn't be much.

However, there was a small pucker above both rear wheel wells.

I guess inside and under much more happened it was over $3K damage.

I am sure the guy was like WTF it looked like nothing.



KarefulKactus15

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Re: Car Accident- Rear Ended, need advice
« Reply #13 on: May 14, 2016, 08:42:27 AM »
Something seems odd.   Does this minivan have more than 180k miles?    An uploaded picture would also be amusing.      As far as the brakes, thats interesting. Were there any events that occurred right before the accident, (example, the driver of the van getting on the brakes real hard?)

I find it hard to believe any accident capable of making the brakes non functional would leave no obvious outward signs after the accident.   


Without some proof from a mechanic that the brake failure is a direct result of being rear ended... thats a lost cause.
Without OBVIOUS damage and no police report.. thats really a lost cause....

If were talking about a beat up car, around 4,000$ value thats already been totaled by insurance once with 150K + miles.... This whole thing is probably a lost cause...

Goldielocks

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Re: Car Accident- Rear Ended, need advice
« Reply #14 on: May 16, 2016, 12:01:39 AM »
It (crash) probably worsened an existing condition.  If the insurance agrees, you will likely only get a small portion of the total  repair cost back to you.  Hopefully the original sum, plus this new sum, is enough to get the car repaired....