/p/
Toledo Talk forums search sign-up login

Auto Accident

My brother's wife (technically, I suppose that makes her my sister in law or something) totaled their two year old Jetta in a one car accident that involved taking down a mailbox and being airborne for 50 feet. Lacking sufficient airspeed, the Jetta crash landed and rolled several times. Sister In Law was cited for failure to control and still doesn't remember what happened. This happened last Monday. Sister In Law is being discharged from the hospital today with a back brace, a walker and a large bottle of Percocet. She'll return to operating within specified parameters in six months or less.

So.

If events proceed as expected, the auto insurance company will send an adjuster around to look at the Jetta, total it out and try handing my younger brother a check for what the insurance company believes to be a fair settlement. Fair to the insurance company, anyway.

My question: Since the check will be a little on the low side, what's the best way to handle this? Does anyone have any useful experience they'd be willing to share?

Thanks in advance.

created by madjack on Oct 27, 2011 at 12:49:01 pm     Home     Comments: 13

source      versions

Comments ... #

A year or two ago, my sister was involved in a single car accident that resulted in significant injury to herself. (Her vehicle also rolled over and had to be totaled.)

I handled things with the insurance company on her behalf until she got out of the hospital.

The adjuster was pretty fair on the value of the vehicle that was totaled.

Question - is there a loan on the vehicle? (Since you mentioned its only 2 years old.)

In my sister's case, it was a leased vehicle. However, her auto insurance policy had a clause that would pay off what was still owed on the vehicle regardless of the "book value."

For starters, I'd look into 2 things:

1) What (if anything) do they owe on the vehicle?

2) Do some independent research on what the current fair market value of the vehicle might be. (Blue Book, etc.)

The amount they pay from the car should be separate from any type of settlement they offer for the injuries/medical treatment/property damage.

In my experience with my sister, they issued a check fairly promptly for the vehicle replacement. And then there was a separate transaction later on for the other items.

posted by mom2 on Oct 27, 2011 at 01:00:42 pm     #  

P.S. Of course, different states have different auto insurance laws/regulations. I should probably specifcy that my sister is a Michigan resident.

posted by mom2 on Oct 27, 2011 at 01:03:09 pm     #  

Is the car financed and does she have gap insurance?

posted by slowsol on Oct 27, 2011 at 03:17:25 pm     #   1 person liked this

To the best of my knowledge, the Jetta has a loan against it for around $10,000. I don't think they have gap insurance.

posted by madjack on Oct 27, 2011 at 03:36:45 pm     #  

madjack, the valuation method the insurance company will use depends on the language of the policy but they typically base their offer on the ACV (actual cash value) of the vehicle, which is basically the replacement cost minus depreciation of the totaled vehicle. They will take into account any improvements your sister made to the vehicle but they will likely require receipts or records evidencing the improvements. The best thing you can do is to do some research on your own to counter the adjuster's offer. Look at websites like Kelly Blue Book and NADA to get some ballpark numbers. The insurance company will still base the offer on their valuation method but those other numbers can be persuasive. Good luck.

posted by ToledoLawyer on Oct 27, 2011 at 03:49:03 pm     #  

women drivers...'nuff said

posted by justareviewer on Oct 27, 2011 at 04:33:49 pm     #   2 people liked this

<rolls eyes>

Because the recent proliferation of male wrong-way freeway drivers is such a great representation of male driving abilities?

posted by mom2 on Oct 27, 2011 at 04:44:13 pm     #   4 people liked this

Is it just me or the proliferation of people talking on phones while driving isn't getting any better? I rode with someone the other day and just out of mild boredom decided to look and see if there was a breakdown. What I found was it appears most people on the phone are younger, what appears 35 and under of both sexes about the same, and generally people older than that talking and driving are women. Now maybe its was just the area we were in or the day of the week but that's what I observed.

posted by Linecrosser on Oct 27, 2011 at 05:11:27 pm     #   1 person liked this

Not to derail the primary purpose of the thread, but what is gap insurance?

posted by LetItBe on Oct 27, 2011 at 07:05:52 pm     #  

Ceck if theres gap insurance included in your car loan asap.

posted by OhioKimono on Oct 27, 2011 at 07:17:14 pm     #   1 person liked this

No car loan... paid cash. Ohhhh! Gap between loan remaining and actual value. Thank you, OK :)

posted by LetItBe on Oct 27, 2011 at 07:28:33 pm     #  

rant coming

@Linecrosser

yeah it does seem that way. If cities are gonna pass no texting, they should consider cell phones as a whole. I just lol when i pull up to a green light and the car in front of me is just stopped, no turn signal, just stopped. I honk hoping they will go thru the light only to realize they r turning left. then i go around them and notice them talking on the phone. with the phone in one hand and the other on the steering wheel, i guess it was just an inconvenience to notify to ppl that they have no time to consider traffic laws because "he gotta call his baby momma" or whoever for whatever.

rant over :)

As for the subject of the thread, I dont know exact specifics. I had a family member that had kinda the same thing happen. The car was like $3000 but they only had it 2 months maybe b4 totaling. I have to find out more but in the end the loan was wiped out by the loan company.

I will post the exact info tomorrow.

posted by IamNORMAL on Oct 30, 2011 at 01:59:10 am     #  

My thanks to all of you who posted, but especially to ToledoLawyer who gets a hat tip and a hoist of my morning bourbon glass.

Thanks in advance to IamNORMAL.

posted by madjack on Oct 30, 2011 at 10:13:35 am     #   1 person liked this

Login or create an account to post a comment.