Our baby is smashed up

<div class='quotetop'>QUOTE(jayselle @ Jul 14 2007, 01:10 PM) [snapback]478730[/snapback]</div>

It should not matter, assuming that she drove the car with the owner's permission and that the policy does not specifically exclude her as the driver. Even if she is excluded, the owner of the car is still liable for the negligent actions of those to whom the car was lent.

I suggest that you contact a reputable personal injury lawyer first thing Monday morning. You are entitled to be compensated for other economic losses, such as diminished value, rental car, medical expenditures, loss of earnings, pain and suffering and possibly for the other carrier' bad faith, should their adjuster be stupid enough to try to low ball you. Most PI attorneys work on a contingency basis. The increased recovery that the attorney will obtain for you and your wife will be more than enough to cover his or her fees. Ask friends for recommendations or contact the local bar association for referrals (an initial consultation should be free of charge). Do not select a lawyer from an advertisement or from the Yellow Pages.

[Edited to add a post script]

P.S. The fact that the other driver was cited means that the police did determine that she was at fault.

 

My wife flipped her brand new Volvo several years ago. The insurance company's adjuster said the cost to repair was going to be $14,000 so that is basically what they offered less our $1,000 deductible. The Volvo dealer suggested we tow the car to the place where Volvo has major damages repaired. This company's estimator stopped writing things down when he hit $40,000. What the insurance company's guy neglected was the internal damage to the frame caused as it absorbed the impact. It only can flex once. Our guy had to pull some panels off to show the compressed frame structure.

At the speed your wife was going the car's cage would have to be toast. This is what saved her from serious injury.

In our case the insurance company gave us our total purchase price back for the car, less the deductible of course, since the car had less than 5,000 miles. After seeing the remains and talking to the state trooper that was first on the scene we went out and bought another Volvo. Now that it's been a few years my wife is eyeing my Prius.

Good luck dealing with Allstate.

 

<div class='quotetop'>QUOTE(jayselle @ Jul 15 2007, 02:56 PM) [snapback]479257[/snapback]</div>

If you have Rental Car coverage on your State Farm Policy, they should pay for the Rental Car, and then go after Allstate for the fees once the Allstate Driver is found at fault.

State Farm will should not raise your rates for an accident where your wife was not at fault, and they will consider it a regular part of their service to handle the work with All State for you. It is to their advantage to get the car replaced or fixed correctly (when they are not paying for it) becuase they will most likely continue to insure it for you after it is fixed, and if it is not as safe as it was before the accident, they have more liability.

I would hold all doctor bills (not submit them to your own health insurance) until it is determined that the other driver is at fualt. Then have all medical bills submitted though the other drivers auto insurance. The medical bills will have a direct bearing on the amount of your pain and suffering money. I think you may be implying that you are not interrested in receiving any compensation for pain and suffering, but $10 to $15 K can go a long ways toward making the down payment on your replacement car, and leave more monthy payment money to go toward your student loans.

<div class='quotetop'>QUOTE(jayselle @ Jul 14 2007, 07:37 AM) [snapback]478620[/snapback]</div>

Their having All State is no reason for any reassurance. All State is a C rated (Junk Co like AAA) insurance co. And I am really getting sick of hearing about "There Stand" on things.

 

Jayselle, glad everyone is safe.

Having had been rear ended twice and clipped a deer once here is some advice.

1. If they do not total your baby find a body shop you like and take it there... They will do all the negotiations and adjustments with the insurance company and you will be left with just the deduction (if that) to pay. Why mess with the adjuster yourself, he probally will low ball the repair. That is the first thing I now do after an accident. Car goes wright there, the adjuster visits it on the lot, if they total it, they total it, otherwise all you have to do is sign a few forms.

2. If they total it go to your nearest toyota dealer and ask for a xerox of the current month NADA page (It is a monthly pub) for your car (make/model/year). In hopes of getting your buisness on the replacement they will comply. They want you to have as much money as possible for a down payment. What you want to look at is the column for "replacement value" not the column for trade in value which is lower. If memory serves it is the far right column. When my '02 was totaled by an SUV I told them I was looking at page such in such from the NADA book and it lists the vehicle value at such and such. You could hear the sigh on the phone, they didn't even bother to float an offer just asked for the number I had. (Which was $16K for a 2 1/2 year old prius with 103,000 miles on it).

Also be carefull with rental cars, they will usually only cover so many $ per day for thirty days. If it is enterprise they will also make you return it to the same rental place. Trust me, having had a car totaled 300 miles from home really caused a headache when they refused to let me turn it in at home.

Goog luck, and remember you never really come out ahead in an accident, you will be lucky if you break even.