My Prius accident case - update 05/23/07

[siliconhybrid]

My 2007 Prius got rear-ended, total loss.

Long story short, the traffic was at complete stop, I was at complete stop, the Oddesey driver didnt realize the traffic stopped, and rear ended my Prius and pushed it to hit the GMC Envoy in front of me. Total estimate to repair is $15K - deemed total loss. CA law states if the repair is more than 50% of car value = automatic total loss, said my insurance agent.

My insurance company only wants to pay $25K (they will bill the other insurance, since I'm not at fault - pending police collision report). I am the victim here. I bought it only 6 months ago.

I want to get another Prius with CA HOV sticker. I have package #4 Magnetic Gray.
Anyone seriously want to sell your car? I am in San Jose area.

Here are the pictures.

[KTPhil]

The liability of the other driver is not limited by what his or your insurance chooses to pay under the policy. If you are out more money than the settlement, you can recover the difference (up to $7500 in most California Counties, for example) in small claims court without lawyers. Nolo Press has a good book on the subject of Small Claims Court.

p.s. remove your stickers or hurry up and apply for replacement at $8. Just sayin'....

[Godiva]

<div class='quotetop'>QUOTE(KTPhil @ May 17 2007, 11:11 PM) [snapback]444644[/snapback]</div>

p.s. remove your stickers or hurry up and apply for replacement at $8. Just sayin'....
[/b]

That won't do any good. They're tied to the VIN.

[seeh2o]

Hmmmm, I have a white 2004, package #3, grey interior, 62,000 miles, needs some cosmetic body work, has stickers and Toyota extended warranty to 75,000 miles. I've been thinking about trading it in on a new one (I really want one with the back-up camera), I rarely need to use the carpool lane. PM me if you have any interest.

[mywhitenoise]

What a bummer. Such a beautiful car too. Hey, do you think you'd be able to remove that passenger mirror, and sell it to me? I just broke mine the other day, and i'm looking for a cheap replacement.

[siliconhybrid]

<div class='quotetop'>QUOTE(mywhitenoise @ May 18 2007, 12:43 PM) [snapback]445004[/snapback]</div>

What a bummer. Such a beautiful car too. Hey, do you think you'd be able to remove that passenger mirror, and sell it to me? I just broke mine the other day, and i'm looking for a cheap replacement.
[/b]

I was only able to sneak out the rectangular piece inside the armrest from the body shop

My case is in limbo right now. None of the parties involved want to accept fault, this is a 4 car accident, bunch of liars out there espc car# 3 & 4 (I was car#2). I am just hoping the police report will come out soon, it has been 2 weeks, the CHP office says usually it takes 3 weeks. I am thinking of hiring an attorney. Is it a good thing to do?

btw I got a neck & back pain injury, I couldn't lift up my head from my bed for 3-4 nights. The car slammed at me very hard. I still feel my neck sore, it has been 2 weeks now.

Do you think I have a chance begging to the DMV, asking for replacement for my future Prius. I know..I know the stickers are tied to the VIN#, but what is my chance? 0%? even if I mentioned it was deemed as total loss? anyone with similar situation as this before?

[priusmaybe]

I am glad it appears that you are ok. I hope you get checked out.


What did you pay for your car? It would seem you could get that package for a good right now?



Who is your insurance with?

I am with geico and they don't have gap insurance and I am afraid if I got hit it would not pay for the money I paid for the new car and the 1600 left over from my old car loan. Plus taxes and dealer fees.

[IsrAmeriPrius]

<div class='quotetop'>QUOTE(siliconhybrid @ May 18 2007, 04:55 PM) [snapback]445330[/snapback]</div>

I am thinking of hiring an attorney. Is it a good thing to do?

btw I got a neck & back pain injury, I couldn't lift up my head from my bed for 3-4 nights. The car slammed at me very hard. I still feel my neck sore, it has been 2 weeks now.[/b]

Yes, you do need to retain an attorney. You have been injured and are entitled to have your medical expenses reimbursed as well a be compensated for your pain and suffering. Most personal injury lawyers are paid on a contingency basis, so it should not cost you anything out of pocket. Contact your local bar association referral service for recommendations.

I have an 05 package 6, Salsa Red, in pristine condition, with just under 32,000 miles and with the HOV stickers still in the envelope in which they came. I'll part with it if the price is right.

[Tickwood]

I hadn't planned to sell it but it might be an excuse to get a new one. Anyway, here in San Diego, I have a 2004 package 7 (safety package), most options except for Nav and CD changer) tideland pearl with 27,000 miles, HOV stickers, 100,000 mile warrenty. I am retired and HOV stickers are not a big deal to me. If interested let me know.

[siliconhybrid]

<div class='quotetop'>QUOTE(priusmaybe @ May 18 2007, 07:25 PM) [snapback]445349[/snapback]</div>

I am glad it appears that you are ok. I hope you get checked out.
What did you pay for your car? It would seem you could get that package for a good right now?
Who is your insurance with?

I am with geico and they don't have gap insurance and I am afraid if I got hit it would not pay for the money I paid for the new car and the 1600 left over from my old car loan. Plus taxes and dealer fees.
[/b]

At this point, since no one wants to take fault, the big piece of evidence is the police report. I am more than confident I wont be at fault as I was clearly at stop for at leat 5 to 10 seconds. I just found out from my insurance company (AAA) that:
*) Driver #4 said: I hit car#1, then car #3 hit #2 (me) and therefore car#4 hit #3.
**) Driver#3 said: car#2 (me) stopped, car#4 hit car#3, and car#3 was pushed to car#2, and car#2 was pushed to car#1
***) I said: car#3 hit car#2 (me) and I got pushed to car#1. As far as car#4 I didnt even see #4 until I got out of the car. A lot of ppl asked me, how many rear impacts did I feel.... I said... I dont know, it happened so fast, I forgot to count. This is actually supposed to be the big evidence, if I said I felt only 1 impact, then car #4 hit car#3 first. If I said I felt 2 impact, it means car#3 hit me first. But I really dont remember. Ah.. I got a headache just thinking about it.

I paid $26.3K + prepaid maintenance + ext warranty + tax = $32K. The new package#5 (Do you know that Toyota dont make package#4 anymore?) cost is $26.2K. However, ppl with HOV stickers seems to jack up the price $3K-4K premium, that makes the used Prius with HOV to be more expensive than the new one. However my insurance AAA don't care abt the HOV value.

btw, mine was package #4 2007. I much prefer buy 2006 and newer and package#4 or above, color accepted: mag gray & blue.

My neck sore hasn't healed (2 weeks now), I am feeling backpain after some exercise. I am going out of the country in 8 days, and my car is in the repair shop and marked "hold". I went to Kaiser hospital (emergency clinic) that same day of accident. I am going back there again tomorrow, and most likely go to some chiropracter, but I have been using my health coverage from company (I paid only deductable $15 per visit)

what should I do?

thanks for the mental supports.