My Prius accident case - update 05/23/07

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'....

 

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

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

 

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.

 

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.

 

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.

 

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

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.

 

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.

 

Sorry to see such a beautiful car get nailed - I hope all goes better in the future though! Good luck with your search.

 

Here is one, if you are willing to settle for silver:

Need to sell my Dear Baby , Silver Touring, 2007 with Carpool Stickers

 

California law says the car who rear-ends someone is always at fault.

So the only insurance issue is whether you rear-ended car #1. If you did, your insurance pays for car #1. Anyone behind you pays for the car in front, no question.

And, if your insurance company can make a good case that you were pushed into car #1, then car #2 probably pays for him too.

They should be able to determine the impact from the damage. If your car was stopped, it should have been level when it hit car #1. If you were braking, your front end would be lower than normal. (Your rear end would be higher during braking, but lower if the car was stopped.)

Whether the insurance companies will spend much time figuring this out is the question. Your insurance company may find it cheaper to pay for car #1 and blame you---after all, they don't care if they increase your premiums.

Fight with AAA and insist you were stopped. Make them prove otherwise, and make them say so in writing.

 

<div class='quotetop'>QUOTE(siliconhybrid @ May 17 2007, 10:30 PM) [snapback]444616[/snapback]</div>

Sorry for your loss. Your car is current so IMO hold out for a replacement. Check with your DMV's policy on transferring the stickers if the car is totalled. Keep track of all out of pocket medical expenses as this is part of your auto insurance claim. Good luck and get better.

 

silicon,

First, I'm glad your injuries weren't worse. Second, please let us know if you're able to transfer your stickers, since this car was totaled.

I'm surprised so many don't even use the carpool lanes after getting the stickers.

 

WAIT A SECOND, 50% of the value, total loss?!?!??!?!

My repair bill from the lady who hit me was over 15k and I only had my car for 6 days!

They said it had to be 80% of the cost of the car.

That is awful. I just wanted a new car... but in the end its worked out though, they finally got her back to me and I was one of the last to get the carpool stickers.

 

<div class='quotetop'>QUOTE(YodaddyAlex @ May 21 2007, 02:24 PM) [snapback]446941[/snapback]</div>

I don't know about other companys but AAA (my insurance co. as well) is very quick to total a vehicle.


I had a similar experience back in Feb. A woman (now known to be an illegal) ran a stop sign and I T-boned her Voyager. Did $13,000 damage to the front end of my 6-month old '06 w/stickers (everything aft of the firewall was still in factory condition). AAA almost immediately totaled the vehicle. DMV also told me that there was no way to transfer the stickers to another vehicle and that they would not issue a new set.

 

<div class='quotetop'>QUOTE(Rick Auricchio @ May 20 2007, 12:05 PM) [snapback]446214[/snapback]</div>

Yep, I just went through this 2 weeks ago. I got hit from behind, pushed into car in front. Car in front stopped suddenly in the middle of a block (don't know why) I stopped behind her, but had to brake strongly to get stopped in time, car behind me was a 92 Corolla and could not stop in time. Luckily, the impact felt much worse than the damage; final repair bill was $700 for my car to remove, repair and repaint the rear bumper and replace front license bracket. Insurance for 92 Corolla paid my deductible and repairs.

You always have to drive in a manner to avoid traffic in front of you, otherwise you are driving too fast for conditions. If you get pushed into the vehicle in front, you may need liability to protect you against claims by the driver in front; luckily for me, there was no discernable damage to her car and she was ok.

If you are in this type of accident (pretty common) make sure to get information from both the driver in front and the driver in back for your insurance claim. I made the mistake of just gathering info for the driver who hit me, but my insurance wanted info on the driver in front for any liability claim against me. I was lucky it worked out.

 

That's great news, silicon. The police report shows you're totally not at fault in the accident. If insurance company pays for Car #1 (the one you were pushed into), they'll go after #3 for pushing you. So they'll recover their costs and you shouldn't be found at fault. Chances are, however, they'll just tell #1's company to get paid by #3.

Meanwhile, you should push hard on your insurance company to get the max value for your totalled car. After all, company #3 is paying, so your insurance has nothing to lose by negotiating on your behalf.