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Waah, my poor car was hit head on by a postal truck!

Discussion in 'Gen 2 Prius Main Forum' started by s1flaherty, Dec 16, 2008.

  1. bredekamp

    bredekamp Member

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    Re: Waah, my Prius was hit head-on by a postal truck!

    The Xhosas here would look at your car and say: "Eish!"
    :(

    Accidents are worse when it wasn't even your fault. I hope you get sorted out without too much hassle. Can't you make a claim against the Postal Service?
     
  2. jelloslug

    jelloslug It buffed right out!

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    At the very least you will need the following:
    Hood
    Hood seal, front and rear
    Hood liner
    Hood emblem
    Bumper cover
    Bumper cover trim
    Bumper cover hole plug
    Drivers side headlight
    Under hood trim panel
    Complete fan assembly
    Radiator
    Condenser
    Radiator support assy
    Radiator center support
    Hood latch
    Horn
    Drivers side fender apron
    Drivers side fender
    Various emblems, stickers, liners, and plastic fasteners.

    There is most likely some damage to some minor wiring harnesses (horn, foglights, and hood latch switch) and possible damage to some of the lower hoses. I would estimate the parts (for OE Toyota parts) at somewhere around $2500 to $3000 and the labor at $3000 to $5000 or so. It's still border line of it's totaled; I'm leaning toward totaled.
     
  3. s1flaherty

    s1flaherty Junior Member

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    Re: Waah, my Prius was hit head-on by a postal truck!

    The claim is made to the government on something called a "Tort Claim." It takes a very long time, so we have to go through our insurance and they will collect on a "Tort Claim." We'll file for the additional cost of a rental over and above our cost.
     
  4. s1flaherty

    s1flaherty Junior Member

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    Wowie. Thank you. The driver side door is jammed and hardly opens and seems sort of warped, too. The lady at the tow yard pointed out something that she said was frame damage, too. Someone at the Toyota place is supposed to call me today.
     
  5. s1flaherty

    s1flaherty Junior Member

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    Thank you! I checked the NADA site. I checked around here, too and can't find any 2006 Package 8 for sale for comparison, so I'm printing the NADA information if they decide to total it. Is there anything else I should know about a total loss?
     
  6. s1flaherty

    s1flaherty Junior Member

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    I'm in NV and we usually have much more lax consumer protection than CA, where I'm from originally. My insurance company says I am not protected against diminished loss. I think it will be hard to collect on a "Tort Claim" from the government, but we'll try if it is not declared a total loss.
     
  7. SageBrush

    SageBrush Senior Member

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    A diminished value adjustment is not part of standard insurance contract so far as I know. Either expect to sue, or start complaining to the adjuster that your neck and back are spasming and you will get back to them after you visit your doctor and personal injury lawyer.

    Try to make it clear that two can play at the jerk game. "I thought about using my personal medical insurance for the physical therapy I think I am going to need, but it seems only fair that if you folks are going to saddle me with a diminished value car without remedy, you should at least participate in my health wellness costs"

    Along these lines, separate out compensation for the car from everything else. This is important

    Regarding car value: the adjuster will low ball the car's value by quoting from a guide that is most favorable to his insurance company. He will not tell you that local retail prices prevail in court. So head out to dealerships and document actual retail prices. If you are lucky you will not find any, and then you can demand a new(er) car instead. These games require you to document your arguments. Imagine you are presenting them in court. Encourage the adjuster to view them in the same light.

    Addendum: Informative forum discussion of diminished value: http://www.fatwallet.com/forums/finance/880666?highlight_key=y&keyword1=diminished+value

    Good Luck !
     
  8. s1flaherty

    s1flaherty Junior Member

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    Thank you, I will do just that. I looked at the online inventory available here and there were none. Do you think I can ask the dealer for something in writing? Thanks for the link to fatwallet, too.
     
  9. SageBrush

    SageBrush Senior Member

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    S1flaherty, I doubt the dealer would accommodate you, but no harm in asking. I suggest printing out the inventories you find (or don't find) online.
     
  10. Tdoff1

    Tdoff1 New Member

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    ..if the car is a total loss then there is no demonition of value claim. Not sure what the law is in your state, but in Virginia the court system uses NADA to resolve disputed. Don't get too far ahead of yourself and assume that there will be a problem. They should and probably will make a fair offer, just ask for te paperwork and how they arrived at the figure.

    If by chance it is less than your payoff, see if you have gap insurance.

    When you find out if a total, let us know/

    Best of luck
     
  11. s1flaherty

    s1flaherty Junior Member

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    Thank you. I'm just trying to research it a little ahead of time to be prepared to deal with the insurance company in either case: if they repair or it or if they declare it a total loss. Its paid off so at least that's not a problem.
     
  12. s1flaherty

    s1flaherty Junior Member

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    The car is not a total loss at this point. There is a repair estimate at this point is $9100, and they said it will probably be more as they get into it, but that the car is too valuable to total. The insurance company informed me that they do not authorize the exclusive use of OEM parts, so the AC condenser will not be OEM. (They told me to check my policy) The repair shop told me it will be ready on Jan. 9, however I received a message from my insurance company when I returned from being away on Saturday that said Jan. 14, so I will have to check today. The body shop has a 1 year guarantee on paint and 3 years on everything else. The insurance company has a lifetime guarantee on repairs. I wondered if anyone has heard of this site:Diminished Value Experts - Auto Claims Consultants - Vehicle Total Loss Appraisals.
    We are going to attempt to pursue a diminished value claim with the at fault (The postal truck) insurance, which is the US government. They sent us a "Tort Claim" to file and were pretty rude on the phone when they told us we are responsible to "Mitigate our damages." They said to return it and they will send it to their lawyers. It does not sound hopeful to me.
     
  13. Barcelona Red Lass

    Barcelona Red Lass Sips gas like fine wine!

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    Re: Waah, my Prius was hit head-on by a postal truck!

    How badly did you hurt the postal employee when you got out? I would have had a hard time not going "postal" on her.

    :cheer2:
     
  14. s1flaherty

    s1flaherty Junior Member

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    Re: Waah, my Prius was hit head-on by a postal truck!

    Haha! Thanks for the chuckle. She practically flew out of the truck and to our car. I think she thought she killed us. She was really apologetic. I was too stunned to be angry, she kept saying "are you okay, are you okay?" I just kept staring at my car for a while before I could even answer!:)
     
  15. Barcelona Red Lass

    Barcelona Red Lass Sips gas like fine wine!

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    You're welcome, have to have something to chuckle about in that situation - although I can't imagine how angry I'd be at someone hitting our baby (or my infiniti either). Hubby would probably have to restrain me.
     
  16. ctbering

    ctbering Rambling Man

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    Re: Waah, my Prius was hit head-on by a postal truck!

    s1flaherty,
    First, let me say I am glad you and the postal driver were not injured. I did not read EVERY post but most. SWI 66 (i think) gave you very good advice. Please le me chime in, and if this was stated elsewhere, please forgive my lack of patience to respond.
    You need to protect yourself from the government and your insurance company. I would seperate your feelings about what a great car you owned prior to the accident. It is not the same car and I would strongly recommend you get an attorney that protects YOU.
    I would ask the attorney how you can collect dollars from this accident. Keep in mind, you were hit by a government vehicle. The government is an 'inert organism' that moves only when it is required to protect itself. It does not care about you or your car. Your insurance company is a 'active organism' that protects itself against you and the inert organism. It still has to recognize you in terms of your driving history and risk. Your insurance company also knows how easy or difficult it will be to get reimbursement from the government (really not your problem).
    What you need to ascertain isn't what you hope your insurance coverage is but what it does cover. Why is this important? Your insurance company will do whatever it takes to 'not pay' on coverage you have. An attorney can read your policy 'to the letter' and ensure the coverage you have protects you...not the government and not the insurance company. This will allow you the freedom to make decisions that protect you.
    In as far as your car (the best car you owned) cherish the memories and take a cash value for the car. I say this because one of the things you buy a Toyota for is resale value. Your resale value will suffer significantly once you take ownership of a repaired car involved in what appears to be a 'totaled' vehicle (defined by frame damage I saw in an earlier post).
    I would strongly recommend never let your 'friend' the insurance company ever be your adviser. It is the mistake most insured drivers make.
    Hope this helps, and again, glad your ok.
     
  17. s1flaherty

    s1flaherty Junior Member

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    Re: Waah, my Prius was hit head-on by a postal truck!

    Thank you very much for this advice, It does help, very much.
     
  18. patsparks

    patsparks An Aussie perspective

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    I wouldn't mind someone having a very slight 100% at fault bump into my front bumper and bonnet, it needs to have a stone dent fixed and respray again. If someone hits me just a little so I don't have to pay...
     
  19. aminorjourney

    aminorjourney Mum to two prius!

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    Wow. What a hit!

    As someone who has just heard that her Prius should be back with her in about a week's time after a double-shunt I'm giving you truckloads of sympathy! Being hit is a horrible experience, as is being without your car!

    I can't express enough how impressed I am with the Prius crash-worthyness. It seems to absorb all of the impact in just the right way. Those guys and gals at Toyota design em well!

    I think it may be a tough call as to what happens to your car. Make sure that if it is repaired you get it checked over to make sure alignment etc is okay. I had a classic '65 morris minor repaired about five years ago after an accident and the repair garage didn't do the work properly. The car then failed the road-worthyness test (MOT) because the garage had incorrectly welded up the chassis.

    Hope you get a car back on the road soon!

    Nikki.
     
  20. ystasino

    ystasino Active Member

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    Re: Waah, my Prius was hit head-on by a postal truck!

    I wish the admins posted a sticky with this paragraph and this one by Tdoff1

    These were the two most informative posts but there were other in this thread.

    I hope the mods stick this up.