Anyone have experience dealing with insurance after a crash? - Page 2

[2cutiekitties]

K, havent read all the posts, but I thought that if you get rear ended it that persons fault. Period.

So for example......if you are coming off the freeway and stop at the red light and you get rear ended, then you are forced into the car in front of you that is your fault, doesnt matter if you were rear ended and that was the reason. So the original person is only really responsible for rear ending the original car and if you do go after that original person it is a very long drawn out complicated thing. But everyone takes care of who they rear ended. Am I wrong?

[sanguine_speed]

Originally Posted by 2cutiekitties

K, havent read all the posts, but I thought that if you get rear ended it that persons fault. Period.

So for example......if you are coming off the freeway and stop at the red light and you get rear ended, then you are forced into the car in front of you that is your fault, doesnt matter if you were rear ended and that was the reason. So the original person is only really responsible for rear ending the original car and if you do go after that original person it is a very long drawn out complicated thing. But everyone takes care of who they rear ended. Am I wrong?

I think it depends on the laws of your jursidiction.

But here, that is not the case.

[TCMoulton]

Originally Posted by an_aurora

And just to clarify, I KNOW I have to pay the dealer. I know. I fully intend on doing so. I was just hoping I could recoup that money but basically I paid $2400 to rent the car for 6 weeks.

It's possible that you will not be able to recoup that money. My friend had something similar happen last month - his car was totaled by a speeding teenager while it was parked in front of his home. After all of the negotiating his settlement from the insurance company was $100 over what was remaining on his loan. Much like the $2,400 you will still owe he was not reimbursed for the two years of payments he made nor does he have a decent down payment for a new vehicle. It totally stinks that the victim is the one that is so royally screwed in the end but unfortunately that is what seems to happen most often.

[cschick]

Originally Posted by 2cutiekitties

K, havent read all the posts, but I thought that if you get rear ended it that persons fault. Period.

So for example......if you are coming off the freeway and stop at the red light and you get rear ended, then you are forced into the car in front of you that is your fault, doesnt matter if you were rear ended and that was the reason. So the original person is only really responsible for rear ending the original car and if you do go after that original person it is a very long drawn out complicated thing. But everyone takes care of who they rear ended. Am I wrong?

It all depends on the way things are handled in your jurisdiction.

When someone I knew was rear-ended and pushed into the car in front of her, the person in front had to testify as to whether there was 1 bump or 2 bumps. (Let's call these cars A, B, and C). If A had felt two bumps, B's insurance would have been responsible for A, and C's insurance for B. If one bump, C's insurance would have been responsible for A and B.

[Mosaic]

Your insurance is responsible for reimbursing you the value of your car (i.e., the ACV) and, provided you have rental coverage, the cost of a rental (up to your daily limit) until they give you the ACV (plus typically an additional 3-5 courtesy days). Gap insurance, from what little I understand, will cover the amount you're upside-down. The other ladies' insurance will reimburse your insurance company for the ACV and rental that they paid to you. If you were to work directly with the lady-at-fault's insurance, you can expect to get the same ACV plus rental.

ETA: it may seem harsh to owe money on a car you don't have. But think about it: if you bought the car from your grandma for a dollar, you'd still get the same amount of coverage, in which case you'd make a pretty penny on the car! Unfortunately, more debt doesn't make the car worth more.

[an_aurora]

Originally Posted by 2cutiekitties

K, havent read all the posts, but I thought that if you get rear ended it that persons fault. Period.

So for example......if you are coming off the freeway and stop at the red light and you get rear ended, then you are forced into the car in front of you that is your fault, doesnt matter if you were rear ended and that was the reason. So the original person is only really responsible for rear ending the original car and if you do go after that original person it is a very long drawn out complicated thing. But everyone takes care of who they rear ended. Am I wrong?

It was not my fault, not by any stretch of the imagination.

[2cutiekitties]

Originally Posted by an_aurora

It was not my fault, not by any stretch of the imagination.

totally. Sounds like you successfully avoided an accident but the person behind you wasnt on the ball. And now they are being stinkers. I really hope you get a lawyer or something happens so you at least come out even.

I was sort of hijacking your thread sorry about that

[an_aurora]

Thank you, I think everything is working itself out. Turns out we aren't using the GAP insurance since the check from the insurance company for the ACV of the car, plus the refund on our extended warranty, covers the loan.

[chickabiddy]

Originally Posted by an_aurora

Thank you, I think everything is working itself out. Turns out we aren't using the GAP insurance since the check from the insurance company for the ACV of the car, plus the refund on our extended warranty, covers the loan.

You should still file for the GAP insurance. You paid the premium: you are entitled to the difference between the ACV and the amount financed. Use the refund on the extended warranty to "make up" some of the $4800 due in October.

[Dingletwitz]

yeah, definitely need to talk with a lawyer. Not only should you get full price of the vehicle whatever that was, whether you paid it off or not, (not the mere replacement value of the car) but if there was any medical, this should be paid, plus some kind of extra business for not pushing the dui issue. Insurance companies are always gonna say crazy things like the broke-down truck was at fault (which is silly). I've been the rear-ender before, but also been the victim of a rear-ending. When I was not at fault, it was a hefty sum that I finally received after I simply said "uh, I really don't agree to that." It would take a couple of days, then their insurance co called again and said, "oh, so it looks like we can tack on blahblah for thisandthat".
Seriously, it was like trying to negotiate the price of a car with financing at a dealer. back and forth, endlessly. I never do financing at a dealer anymore.
Can you buy a beater for a while till you've got enough free cash to put a "real" down payment on?