Got rear-ended. First wreck, lots of questions...

4,313 Views | 55 Replies | Last: 6 yr ago by 1agswitchin4lanes
YellAg2004
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I got rear-ended on 290 on the way to CS for the game yesterday.

This is my first "real" wreck that couldn't be handled with just some information exchange, so I'm trying to make sure I don't make any missteps in dealing with everything. The officer stated that the other driver will be cited. I called my insurance (Amica) and started a claim. Here's where I start to have questions. I have $20/day rental allowance which I've found won't even cover the cost of a sub-compact car. When I asked my insurance how the overage is handled, they stated that I would have to pay it out of pocket and that they would only pursue the $20/day from the other driver's insurance. I would have to try to recover the difference on my own. Is that correct? And if so, is that going to be a hassle getting them to pay? I'm not really comfortable driving a sub-compact car in Houston, not to mention that I need a truck to haul materials for our on-going remodel. To get a truck rental, I'm looking at ~$46/day just searching the Enterprise website. Putting me out-of-pocket over $25/day with no guarantee of reimbursement doesn't sound like a good plan to me. Am I overthinking how difficult her insurance is going to be to deal with (Geico)?

Looking at it from another angle, I have access to a vehicle from my MIL that she would be willing to let me drive until this all gets sorted out. If I go that route, can I get any reimbursement for "renting" the car from her?

Back to my truck...I thought my '99 Silverado came out with just a bent bumper, but upon closer inspection, when the bumper and receiver hitch got pushed down, the location where the receiver hitch assembly bolts to the frame got pushed up, bending the frame rails. This also caused the bed to push up and bend at the same location. Will this total the truck? I thought it was still drivable, but the officers and tow truck drivers said not to, so I let them tow it.

Sorry for this post being somewhat stream of consciousness. I appreciate any information/advice. I'm sure I'll be back with more questions as this process works its way out.
sts7049
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first off, glad you're alright.

YellAg2004 said:

I got rear-ended on 290 on the way to CS for the game yesterday.

This is my first "real" wreck that couldn't be handled with just some information exchange, so I'm trying to make sure I don't make any missteps in dealing with everything. The officer stated that the other driver will be cited. I called my insurance (Amica) and started a claim. Here's where I start to have questions. I have $20/day rental allowance which I've found won't even cover the cost of a sub-compact car. When I asked my insurance how the overage is handled, they stated that I would have to pay it out of pocket and that they would only pursue the $20/day from the other driver's insurance. I would have to try to recover the difference on my own. Is that correct? And if so, is that going to be a hassle getting them to pay? I'm not really comfortable driving a sub-compact car in Houston, not to mention that I need a truck to haul materials for our on-going remodel. To get a truck rental, I'm looking at ~$46/day just searching the Enterprise website. Putting me out-of-pocket over $25/day with no guarantee of reimbursement doesn't sound like a good plan to me. Am I overthinking how difficult her insurance is going to be to deal with (Geico)?

your insurance should be covering that cost with the rental company, and in this case would also go after the other company to reimburse them. you would have to pay anything additional over 20 a day if you wanted to rent something more expensive. i don't think you are going to have much luck getting the other insurance to pay the difference unless you get lawyers involved to fight for it.

Looking at it from another angle, I have access to a vehicle from my MIL that she would be willing to let me drive until this all gets sorted out. If I go that route, can I get any reimbursement for "renting" the car from her?

i don't think so... its just for actual rental cars.

Back to my truck...I thought my '99 Silverado came out with just a bent bumper, but upon closer inspection, when the bumper and receiver hitch got pushed down, the location where the receiver hitch assembly bolts to the frame got pushed up, bending the frame rails. This also caused the bed to push up and bend at the same location. Will this total the truck? I thought it was still drivable, but the officers and tow truck drivers said not to, so I let them tow it.

hard to say but a bent frame on an old truck probably isn't going to be good unfortunately.


Sorry for this post being somewhat stream of consciousness. I appreciate any information/advice. I'm sure I'll be back with more questions as this process works its way out.

JAW3336
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Geico is easy to deal with. Handle the claim through them and they will provide a truck rental for you. Just tell them that is what was damaged and that is what you need.
JAW3336
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They might pay some expense for a rental if you use the MIL vehicle but I don't think they are required to since you aren't "renting" a vehicle.
YellAg2004
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Thanks for the responses.

The other driver (who hit me) got transported, but I believe is OK. She has been texting my wife today (they exchanged #s) asking for all my info. My wife already told her yesterday that it should all be in the police report, but she has asked for more today. Is there any issue with providing the requested info (my name, DL #, license plate, truck year/make/model, and any pictures I took)?
aTm2004
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I got in a not at fault accident in May, which was my first one ever, so I had a lot of the same questions you do. Here's what I've learned and my advice:

1. Opening up something with your insurance right away was the right thing to do. I thought that since mine was so cut and dry (dude was sitting at a red light and thought it turned green, and I wasn't able to stop before t-boning him under full brake) with 2 witnesses, including the lady beside him at the red light he was sitting at, that I would be OK just handing it on my own with their insurance only. Not the case. They kept dicking me around and then tried to place blame on me. I opened up a claim with my agent (called him at the scene, but didn't open a claim).

2. I was able to borrow my dad's extra car for a while, but kept asking about a rental. I finally got one when I opened up the claim with my insurance. Like you, I had limited coverage for the amount, but I was OK with driving a POS Corolla for a week.

3. Keep track of any out of pocket expenses as you should be able to get that from their insurance if they're not being dicks about it. Your insurance should be going after them to recoup the out of pocket expenses, not you. I have Farmer's, and they made sure I was taken care of and they went after the other person's insurance. My out of pocket costs were included in the check they sent me for my truck (vehicle value plus out of pocket). That's the way I feel it should be because that's what I pay them for. They know how to play the game and pay people to do just that. I was also able to get back most of my deductible. The other driver's insurance is staying put with me holding some blame, so we're going to arbitration for the remainder, which my insurance feels we have a good chance of winning since we have 2 witnesses and the other driver was cited.

4. Research what you think the market value of your truck was prior to the accident. My insurance settled with me ASAP and then went after the other driver's insurance to recoup the costs. The initial offer on my truck ('07 Frontier LE CC with ~165k miles) was about $8k. I did not accept it and went online and found several similar vehicles in lesser trims with comparable mileage for $11-13k, and even expanded to further areas in the SE. They came back with an offer just shy of $13k, which I felt was fair. You'd think your insurance wouldn't dick you around, but they're still a business and will try to get out as cheap as possible.

5. Since things are fresh on your mind, take detailed notes of as much as you can remember because you will be giving a recorded statement to both your insurance and theirs. You need to make sure your stories to each are the same and that you don't forget any detail. Their insurance will try to take anything you say and use it against you. The other person's insurance in my accident is saying that since I said the weather was clear, that I should have seen the other car coming and been able to stop. I told them that I saw him take off, but was not able to stop from 40mph in the distance I was from the intersection. Doesn't matter to them. They're trying to use that, which is BS. I'd really like for that other adjuster to get punched in the face in front of me so I can tell him that he should have seen the fist coming at him and he's at fault for getting punched.

6. Stay on top of your insurance. Do not let them feel that you're satisfied until you feel you are satisfied. If you have questions, call them. If they don't return your call, call them again. There's a fine line between being annoying and letting them know that you're not going to be pushed around or ignored.

That's my advice and some lessons I learned through my ordeal.
ArticPenguin:
I am a middle aged lesbian with two children. In Texas, the GOP would love to claim I am an unfit parent and take my children.

Response when pressed for proof:
I actually have 6 links, and was getting super pissed the more info I looked up...So, look it up yourself, I am not going to fight about something I know to be true, to a person who would just as soon see me in prison or dead.
https://texags.com/forums/16/topics/2948036/replies/51680255
aTm2004
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YellAg2004 said:

Thanks for the responses.

The other driver (who hit me) got transported, but I believe is OK. She has been texting my wife today (they exchanged #s) asking for all my info. My wife already told her yesterday that it should all be in the police report, but she has asked for more today. Is there any issue with providing the requested info (my name, DL #, license plate, truck year/make/model, and any pictures I took)?
I wouldn't provide anything to her. She can get all of that from the police report (which you have to buy...yay!), and her insurance can get all of that from yours.
ArticPenguin:
I am a middle aged lesbian with two children. In Texas, the GOP would love to claim I am an unfit parent and take my children.

Response when pressed for proof:
I actually have 6 links, and was getting super pissed the more info I looked up...So, look it up yourself, I am not going to fight about something I know to be true, to a person who would just as soon see me in prison or dead.
https://texags.com/forums/16/topics/2948036/replies/51680255
The Wonderer
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aTm2004 said:

YellAg2004 said:

Thanks for the responses.

The other driver (who hit me) got transported, but I believe is OK. She has been texting my wife today (they exchanged #s) asking for all my info. My wife already told her yesterday that it should all be in the police report, but she has asked for more today. Is there any issue with providing the requested info (my name, DL #, license plate, truck year/make/model, and any pictures I took)?
I wouldn't provide anything to her. She can get all of that from the police report (which you have to buy...yay!), and her insurance can get all of that from yours.
This. All relevant info will be in the report. I wouldn't communicate with the other side. That is what your insurance is for.
classicdoug
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All good responses above. Geico is one of the worst insurance companies to pay claims. If anyone with Geico ever hits me, I'll let my insurance company handle it and let them go after Geico. There's a reason their premiums are low.

Otherwise find a reputable shop so if it doesn't total it gets repaired correctly.
Fairview
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Agree with the above. Had a guy with Geico nail me and they were awful. Filed the claim with State Farm and let them go after them. I was out my deductible while they were working it but it was reimbursed when settled.
1agswitchin4lanes
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If the other person is taking liability, you shouldnt have to use any of your rental coverage.

aTm2004
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1agswitchin4lanes said:

If the other person is taking liability, you shouldnt have to use any of your rental coverage.



Depends on whether or not their insurance will work fast. My insurance put me in a rental and then got reimbursed by theirs for the cost.
ArticPenguin:
I am a middle aged lesbian with two children. In Texas, the GOP would love to claim I am an unfit parent and take my children.

Response when pressed for proof:
I actually have 6 links, and was getting super pissed the more info I looked up...So, look it up yourself, I am not going to fight about something I know to be true, to a person who would just as soon see me in prison or dead.
https://texags.com/forums/16/topics/2948036/replies/51680255
coolerguy12
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I had $50/day with USAA in an accident that was my fault but I had a spare car to drive. Convinced them to deduct $40/day from my deductible. Truck was in the shop for a week so I paid $200 less on my deductible. I highly recommend using USAA if you have access to them. Used them 3 times in 6 years and never had any hassle at all.
Aggietaco
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We were able to recoup the $20/day for a rental from State Farm while using a family member's spare vehicle.
BigPuma
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aTm2004 said:

1agswitchin4lanes said:

If the other person is taking liability, you shouldnt have to use any of your rental coverage.



Depends on whether or not their insurance will work fast. My insurance put me in a rental and then got reimbursed by theirs for the cost.
Sure. I've had success in just filing against the other person's insurance. The last time was a little over 3 years ago when I totaled my white GMC 1/2 ton (RIP White Beast).

I was able to force their insurance to pay for and put me in a like-similar vehicle. This is pretty common when not at fault. Basically I didn't give a damn when they tried to tell me they would only cover $30/day, I told them I drive a damned truck for a reason. I've had success with this on a few separate occasions when not at fault.

I also was fortunate to be able to "borrow" my dad's spare truck (2007 Canyon) and submit an invoice my dad made for reimbursement to the other insurance, so don't be so quick to forego that route.

As for dealing with the totaled cost, I think I submitted NADA price comparisons to them for the FMV after they came back low. Additionally I had just put on new tires 6 months prior and had the ****** rebuilt 2 months prior.
Kenneth_2003
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Quote:

Back to my truck...I thought my '99 Silverado came out with just a bent bumper, but upon closer inspection, when the bumper and receiver hitch got pushed down, the location where the receiver hitch assembly bolts to the frame got pushed up, bending the frame rails. This also caused the bed to push up and bend at the same location. Will this total the truck? I thought it was still drivable, but the officers and tow truck drivers said not to, so I let them tow it.

hard to say but a bent frame on an old truck probably isn't going to be good unfortunately.
Never bent a frame in a truck as old as yours, but have bent one before. 2000 Chevy 2500 single cab LWB was rear-ended in 06 or 07... Chevy dealer repaired it per manufacturer specs and I drove it for another 70,000 miles or so before selling the truck. It drove and handled great and tires performed (and wore) as they always did. No issues whatsoever.
The Wonderer
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Kenneth_2003 said:

Quote:

Back to my truck...I thought my '99 Silverado came out with just a bent bumper, but upon closer inspection, when the bumper and receiver hitch got pushed down, the location where the receiver hitch assembly bolts to the frame got pushed up, bending the frame rails. This also caused the bed to push up and bend at the same location. Will this total the truck? I thought it was still drivable, but the officers and tow truck drivers said not to, so I let them tow it.

hard to say but a bent frame on an old truck probably isn't going to be good unfortunately.
Never bent a frame in a truck as old as yours, but have bent one before. 2000 Chevy 2500 single cab LWB was rear-ended in 06 or 07... Chevy dealer repaired it per manufacturer specs and I drove it for another 70,000 miles or so before selling the truck. It drove and handled great and tires performed (and wore) as they always did. No issues whatsoever.
But the insurance will most likely total it out, so he won't get a chance to fix unless he buys it back.
tamuags08
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Quote:

I'd really like for that other adjuster to get punched in the face in front of me so I can tell him that he should have seen the fist coming at him and he's at fault for getting punched.
CDUB98
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Interesting. We have Amica as well.

BDUB has a knack for getting her car rear ended (3 times, two of them texters) , and every time we needed a rental, Amica paid the rental in full and went after the other insurance company. No $20/day BS.

Maybe it's just our coverage level.
Kenneth_2003
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Depends on the value of the truck. I was hit VERY hard from behind and slammed into the next car who hit the next car. Cop wrote me 0% at fault FWIW, and put 100% of the blame on the guy that hit me. Point being, I had body work on both ends of the truck as well as the back of the cab where the bed rails slapped the cab.

Dealership put the truck back together 100% for under $5,000. I was shocked at how low the bill was. Heard from multiple folks it was no where near totaled.
aTm2004
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I think a lot of it comes down to what the estimated cost to repair vs. the vehicle's value is.
ArticPenguin:
I am a middle aged lesbian with two children. In Texas, the GOP would love to claim I am an unfit parent and take my children.

Response when pressed for proof:
I actually have 6 links, and was getting super pissed the more info I looked up...So, look it up yourself, I am not going to fight about something I know to be true, to a person who would just as soon see me in prison or dead.
https://texags.com/forums/16/topics/2948036/replies/51680255
DadAG10
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BigPuma said:



I also was fortunate to be able to "borrow" my dad's spare truck (2007 Canyon) and submit an invoice my dad made for reimbursement to the other insurance, so don't be so quick to forego that route.


Did he declare the income on his taxes?
The Wonderer
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Kenneth_2003 said:

Depends on the value of the truck. I was hit VERY hard from behind and slammed into the next car who hit the next car. Cop wrote me 0% at fault FWIW, and put 100% of the blame on the guy that hit me. Point being, I had body work on both ends of the truck as well as the back of the cab where the bed rails slapped the cab.

Dealership put the truck back together 100% for under $5,000. I was shocked at how low the bill was. Heard from multiple folks it was no where near totaled.
True, but an 18 year old truck with a bent frame is worthless in the insurance world.
YellAg2004
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According to KBB, the value is ~$2,400. I've got $1k in new tires on it with less than 200 miles on them, so that's $3,400 I suppose. I just don't have a lot of hope that it can be fixed for less than that. There's a bumper, receiver hitch, exhaust, bent bed, and dents on the back of the cab where the bed got shoved forward before rebounding. That's just what I can remember off the top of my head from right after the crash.

Can someone explain how the salvage title path works? The insurance co pays me the total value and then I buy it back for (theoretically) less? At that point I have to go through the process to get a salvage title? And I only have to fix what is necessary for it to pass a safety inspection?

I'm not dying to keep a 18 year old truck, but if I can delay buying a new one for 2-3 more months, it would make things much easier for me financially (and my OCD need to research the hell out of a new truck).
aTm2004
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That's KBB value, but the insurance company will probably use recent sales in the area on comparable vehicles. Check autotrader, cars.com, etc for similar vehicles in Texas, and even expand to Oklahoma, Arkansas, and Louisiana if needed. That's what I did to get my value up.
ArticPenguin:
I am a middle aged lesbian with two children. In Texas, the GOP would love to claim I am an unfit parent and take my children.

Response when pressed for proof:
I actually have 6 links, and was getting super pissed the more info I looked up...So, look it up yourself, I am not going to fight about something I know to be true, to a person who would just as soon see me in prison or dead.
https://texags.com/forums/16/topics/2948036/replies/51680255
1agswitchin4lanes
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YellAg2004 said:

According to KBB, the value is ~$2,400. I've got $1k in new tires on it with less than 200 miles on them, so that's $3,400 I suppose. I just don't have a lot of hope that it can be fixed for less than that. There's a bumper, receiver hitch, exhaust, bent bed, and dents on the back of the cab where the bed got shoved forward before rebounding. That's just what I can remember off the top of my head from right after the crash.

Can someone explain how the salvage title path works? The insurance co pays me the total value and then I buy it back for (theoretically) less? At that point I have to go through the process to get a salvage title? And I only have to fix what is necessary for it to pass a safety inspection?

I'm not dying to keep a 18 year old truck, but if I can delay buying a new one for 2-3 more months, it would make things much easier for me financially (and my OCD need to research the hell out of a new truck).
Its all negotiable.

If they say its totaled, you can buy it back and get a blue title if you ask for it that way.
DadAG10
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YellAg2004 said:

According to KBB, the value is ~$2,400. I've got $1k in new tires on it with less than 200 miles on them, so that's $3,400 I suppose.
The KBB number includes average tires (ex: $500), so you will not be getting credit for full cost of new.
Kenneth_2003
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YellAg2004 said:

According to KBB, the value is ~$2,400. I've got $1k in new tires on it with less than 200 miles on them, so that's $3,400 I suppose. I just don't have a lot of hope that it can be fixed for less than that. There's a bumper, receiver hitch, exhaust, bent bed, and dents on the back of the cab where the bed got shoved forward before rebounding. That's just what I can remember off the top of my head from right after the crash.

Can someone explain how the salvage title path works? The insurance co pays me the total value and then I buy it back for (theoretically) less? At that point I have to go through the process to get a salvage title? And I only have to fix what is necessary for it to pass a safety inspection?

I'm not dying to keep a 18 year old truck, but if I can delay buying a new one for 2-3 more months, it would make things much easier for me financially (and my OCD need to research the hell out of a new truck).
Same damage in the rear (including the cab), plus a dented hood and front bumper for me... I was hit hard enough that when I was shoved into the Ford Explorer in front of me that I only hit him with my bumper and the hood, not touching any of my plastic front grill components. The dent in my hood was from the rear wiper.

~$5,000 in repairs...
Don't think it's looking good for you not being totaled.
YellAg2004
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YellAg2004
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At this point I'd just like if my damn claims manager from Amica would call me. I had to go up the chain to get the claims manager to call me when someone tried to steal my truck a month ago. Here I am again and they promise a phone call by noon today and all I get are crickets.

Amica customer service SUCKS.
BigPuma
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unfortunately you get what you pay for with amica.
07fta07
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BigPuma said:

unfortunately you get what you pay for with amica.

Amica isn't exactly cheap. I've been with them for 16 years and had to file a few claims. They've been excellent every time.
CDUB98
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Amica has always been great with us as well.
Pepper Brooks
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Go through Geico if you can.

Call their claims reporting number and give them your info + other drivers info if you have it. Rear end incidents are nearly always clear liability so they shouldn't have much of a delay as long as there aren't coverage concerns. You might have your wife ask the other party for the claim number if they are in contact.

If you are even the least bit sore, tell them that you want to pursue an injury claim. It usually escalates the file to a more seasoned claims team and you can usually get through the process quicker. They may, or may not, be willing to pay you a "reasonable" daily rate for your MIL's car. I'd phrase it as such... "I may have a family member willing to help me with a car, but it's going to be very inconvenient for them so I'd like to pay them a reasonable daily rate." and see what they say.

Make the monetary benefit to Geico for doing it that way very clear in your pitch. Most carriers figure $30-35 a day for third party rental costs so you might say you think a reasonable rate for her car is... $25/day. Carrier saves some money, you probably get a nicer car, you/MIL get a little more cash out of Geico, it's a win/win all around.

Just my 2c. I worked in claims for 5 years before making a switch to commercial lines underwriting.
62strat
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