[net.legal] what to do after auto accident?

bogie@phoenix.UUCP (Rona J. Kopp) (04/22/85)

yesterday my car ('82 subaru) was totalled.
in short, a car travelling west swerved (to avoid another car)
into the eastbound lane hitting my car and the car following me.
Fortunately no apparent injuries.

i have never been involved in an accident of this sort.
i figured there must be some people 'out there' who have been,
who could offer advise.  some of the questions i have running around
in my head follow.  any responses/suggestions/warnings would be most
appreciated.  thanks...

	+ what expenses should i expect the insurance company to pick
up (towing/storage of 'car'/rental car/etc)?
	+ it has been suggested that i visit a doctor immediately if i
think back/neck injury was at all possible-does this imply that
anything that might crop up is only 'covered' if i visit a dr. w/in 24
hours or so of the accident?
	+ when the car is deemed 'totalled' - do i correctly assume
that i will get 'book value' for the car and the 'remains' of the car
are then the property of the insurance company?  
	+ the police dept. said the police report will be ready in 3-4
days.  what steps do i follow once i get that report back? i.e. do i
contact the faulted driver's insurance company directly? (i assume
fault will be assigned - there seemed to be no question as to what
happened - there were many witnesses)
	

finally - anyone have any good recommendations on cars?

rona


-- 
Rona J. Kopp
AT&T Information Systems/Lincroft, NJ
{ihnp4|ahuta|pegasus}!phoenix!bogie
lz3f313  (201) 576-6315

ark@alice.UUCP (Andrew Koenig) (04/22/85)

	+ what expenses should i expect the insurance company to pick
	up (towing/storage of 'car'/rental car/etc)?

Read your policy or ask your insurance company.  And tell them IMMEDIATELY
about the accident.  Usually insurance will pick up the cost of renting
a temporary car up to some small limit ($10/day, $.10/mile, 30 days is
typical).

	+ it has been suggested that i visit a doctor immediately if i
	think back/neck injury was at all possible-does this imply that
	anything that might crop up is only 'covered' if i visit a dr. w/in 24
	hours or so of the accident?

Read your policy.  Also, ask yourself what you would do if you later
developed back trouble, filed a claim, and were told "we won't pay
you unless you can prove your back trouble is the result of your accident.
Since you didn't see a doctor at the time, we assume you weren't injured
then."

	+ when the car is deemed 'totalled' - do i correctly assume
	that i will get 'book value' for the car and the 'remains' of the car
	are then the property of the insurance company?

Yes.  In effect, the insurance company is offering to buy your car
from you for its canonical market value, even though it's wrecked.
  
	+ the police dept. said the police report will be ready in 3-4
	days.  what steps do i follow once i get that report back? i.e. do i
	contact the faulted driver's insurance company directly? (i assume
	fault will be assigned - there seemed to be no question as to what
	happened - there were many witnesses)

I am not completely certain about this, but I think that in a case where
the accident is clearly the other guy's fault, your insurance company
will file a claim with the other driver's insurance company.  If that
claim is accepted, you will get your deductible back.  To be certain,
ask your insurance company.  I wouldn't expect to get very far trying
to file a claim against the other guy's insurance.
	

finally - anyone have any good recommendations on cars?

Yes -- Volvos are extremely reliable and crashworthy.

jmd@rduxb.UUCP (Joseph M. Dakes, AT&T Bell Labs, Reading, Pa.) (04/23/85)

> 	+ when the car is deemed 'totalled' - do i correctly assume
> 	that i will get 'book value' for the car and the 'remains' of the car
> 	are then the property of the insurance company?
> 
> Yes.  In effect, the insurance company is offering to buy your car
> from you for its canonical market value, even though it's wrecked.

One thing to mention is that if you have any valuables in your car that you
would like to keep such as seat covers, car stereo etc. get them out of your
car before the insurance company inspects it.

> 	+ the police dept. said the police report will be ready in 3-4
> 	days.  what steps do i follow once i get that report back? i.e. do i
> 	contact the faulted driver's insurance company directly? (i assume
> 	fault will be assigned - there seemed to be no question as to what
> 	happened - there were many witnesses)
> 
> I am not completely certain about this, but I think that in a case where
> the accident is clearly the other guy's fault, your insurance company
> will file a claim with the other driver's insurance company.  If that
> claim is accepted, you will get your deductible back.  To be certain,
> ask your insurance company.  I wouldn't expect to get very far trying
> to file a claim against the other guy's insurance.

If you have a half-decent insurance company all you should have to do is 
file a claim with them and they'll take it from there.  When my car was 
totaled about 4 years ago I did just that and received a check from the
insurance company in less than 2 weeks.

						Joseph M. Dakes
						AT&T Bell Laboratories
						Reading, PA
						rduxb!jmd

tron@fluke.UUCP (Peter Barbee) (04/23/85)

>	+ when the car is deemed 'totalled' - do i correctly assume
>that i will get 'book value' for the car and the 'remains' of the car
>are then the property of the insurance company?  

What I say is true for Washington state, I assume the same works for you.
If "their" insurance company has to pay for your car you need not be limited
to book value, if you can make a case that your car was worth more.  When
you settle with the insurance company essentially you are settling a civil
suit out of court, thus they may be willing to pay more than book to keep the
case out of court.  Don't attempt to rip the ocmpany off though, that is what
drives everyone's (inlcuding yours) rates up.  Also, you can claim anything
that is part of the car that the company will not take into account when
pating you off, such as a stereo, or maybe even fancy wheels.

>	+ the police dept. said the police report will be ready in 3-4
>days.  what steps do i follow once i get that report back? i.e. do i
>contact the faulted driver's insurance company directly? (i assume
>fault will be assigned - there seemed to be no question as to what
>happened - there were many witnesses)
>	
Contact the other insurance company immediately.

>	+ it has been suggested that i visit a doctor immediately if i
>think back/neck injury was at all possible-does this imply that
>anything that might crop up is only 'covered' if i visit a dr. w/in 24
>hours or so of the accident?
>
I am not accusing Rona of ripping off the system, but I sure get pissed off
at all the people who look to insurance companies for some easy bucks.
It may be a wild generalization, but it looks to me like the majority of
medical claims resulting from accidents are largely bogus.  Especially
stuff like "mental anguish", or "delayed emotional trauma".  I feel that
when the insurance companies must pay these claims they then raise my
rates (to pay for someone else's greed) or effectively do not pay enough
to those that truly deserve payment.

Sorry, I'll get off the soapbox.

Peter B

etan@tellab1.UUCP (Nate Stelton) (04/23/85)

In article <1137@phoenix.UUCP> bogie@phoenix.UUCP (Rona J. Kopp) writes:

>	+ what expenses should i expect the insurance company to pick
>up (towing/storage of 'car'/rental car/etc)?

Since the accident was not technically your fault, make sure that the other
guy's company picks up the tabs.  Go for everything you personally feel
entitled.  Don't just sit back and expect.  Negotiate.

>	+ it has been suggested that i visit a doctor immediately if i
>think back/neck injury was at all possible-does this imply that
>anything that might crop up is only 'covered' if i visit a dr. w/in 24
>hours or so of the accident?

Yes.  BTW, my brother was in an accident where he didn't think neck injury
was possible, so he didn't go.  Three days later he was in much pain.

>	+ when the car is deemed 'totalled' - do i correctly assume
>that i will get 'book value' for the car and the 'remains' of the car
>are then the property of the insurance company?  

Yes, but sometimes the company will offer partial book value and let you keep
the remains.

>	+ the police dept. said the police report will be ready in 3-4
>days.  what steps do i follow once i get that report back? i.e. do i
>contact the faulted driver's insurance company directly? (i assume
>fault will be assigned - there seemed to be no question as to what
>happened - there were many witnesses)

Does NJ have state reports for you to fill out?  If so, definitely do it.  I
suggest contacting the faulted driver's insurance company directly and
immediately, unless your company specifically has told you not to.

>finally - anyone have any good recommendations on cars?

Decide what you want it to do and how much you are willing to spend before
you go shopping.  How about new or used Toyota SR-5's?

                                 -etan

ldenenbe@bbnccv.UUCP (Larry Denenberg) (04/24/85)

Be absolutely certain that you check the insurance company's calculation
of "book value."  When my car was totalled about two years ago, the company
(Aetna) sent me an absurdly low figure.  They claimed to be averaging the
values specified in the two "books" (NADA Bluebook and NMR Redbook) but
each computation was just a little off.  They used the wrong tables or codes,
calculated the mileage adjustment improperly, deducted $75 for a missing
radio even though the book stated that a radio was $75 extra if present,
and so forth.  After I pointed all this out they simply paid according
to my calculations---an extra $240.  I was always a bit suspicious that
each of their errors was in their favor, and that they were so quick to
adopt my corrections without comment.

Larry Denenberg
larry@harvard

jcp@osiris.UUCP (Jody Patilla) (04/25/85)

> Be absolutely certain that you check the insurance company's calculation
> of "book value."  When my car was totalled about two years ago, the company
> (Aetna) sent me an absurdly low figure. 

	I couldn't agree more. When our Fiat was totalled by some jerk
who didn't think he had to yield on a left turn, his insurance company
used both the book value and got estimates from 3 dealers of used foreign
cars as to the value of the car. They came back to us with a surprisingly
low figure. I did some screaming, and discovered they were getting estimates
on an older make and smaller model Fiat. We got an extra $350 out of it.
The point is, don't sit back. Be obnoxious if you have to. After all,
you didn't ASK to have you car wrecked and your life interrupted.
-- 
  

jcpatilla

"'Get stuffed !', the Harlequin replied ..."

mat@hou4b.UUCP (Mark Terribile) (04/27/85)

>>	+ it has been suggested that i visit a doctor immediately if i
>>think back/neck injury was at all possible-does this imply that
>>anything that might crop up is only 'covered' if i visit a dr. w/in 24
>>hours or so of the accident?
>>
>I am not accusing Rona of ripping off the system, but I sure get pissed off
>at all the people who look to insurance companies for some easy bucks.
>It may be a wild generalization, but it looks to me like the majority of
>medical claims resulting from accidents are largely bogus.  Especially
>stuff like "mental anguish", or "delayed emotional trauma".  I feel that
>when the insurance companies must pay these claims they then raise my
>rates (to pay for someone else's greed) or effectively do not pay enough
>to those that truly deserve payment.
>

I have a friend who got rear-ended at a stop sign a couple of months ago.
About two days after the accident, her back started bothering her.  She's
been in and out of neck braces since then.  It's not unusual for damage to
the spinal column or the muscles that support it to be unnoticed for days,
and if trouble does crop up, the sooner it get's checked out, the better.
-- 

	from Mole End			Mark Terribile
		(scrape .. dig )	hou4b!mat
		on 5/1/85 ..,,.		mtx5b!mat
    ,..      .,,       ,,,   ..,***_*.

phil@amdcad.UUCP (Phil Ngai) (04/27/85)

> I am not accusing Rona of ripping off the system, but I sure get pissed off
> at all the people who look to insurance companies for some easy bucks.

I was hit by a woman who ran a red light. The police report placed her at
fault. Her carrier, State Farm, jerked me around for weeks and weeks. I
had a simple claim, no "pain and suffering", just pay for fixing my car.
But they had no interest in settling. Finally I talked to a lawyer and he
suggested I threaten to come down with "pain and suffering" if they didn't
settle. I thought it was a sleazy disgusting technique but I couldn't afford
to wait any longer and tried it. It worked.

Now I am convinced that they are a bunch of sleazy crooks and you have to
play their game if you want to just be fairly treated.


-- 
 I speak for myself and no one else.

 Phil Ngai (408) 749-5720
 UUCP: {ucbvax,decwrl,ihnp4,allegra}!amdcad!phil
 ARPA: amdcad!phil@decwrl.ARPA

nyssa@abnji.UUCP (nyssa of traken) (04/29/85)

>Now I am convinced that they are a bunch of sleazy crooks and you have to
>play their game if you want to just be fairly treated.

In 1977 I was involved in an accident driving my mother's car.  A truck
decided that it (well, actually, its driver) wasn't obliged to pay
attention to a policeman's traffic signals, and plowed into the side
of mother's Lincoln.  Legally, it was totalled, but my mother wanted
it repaired.  The insurance agent told my mother to go to a dealer
out of the area and order the parts under an assumed name, as they
told the local dealer that the car was totalled and not to be repaired.
-- 
James C Armstrong, Jnr.   ihnp4!abnji!nyssa

Chap with wings there, five rounds rapid!

halle@hou2b.UUCP (J.HALLE) (04/29/85)

Many, many years ago, when I was still young and gullible, my PARKED
car was hit by someone who rounded a corner wide.  (I was >50ft from
the corner.)  She immediately left the scene.  Fortunately, a witness
got her license plate.  I found out from the police who she was and
confronted her.  To make a long story short, her insurance company
gave me a hard time and a runaround.  At one point her agent said that
she was being pretty nice about the whole thing, so don't push.
I wish I had been quick enough to think to remind him that I was nice
not to have her prosecuted for leaving the scene.  I bet I'd have
gotten quick results then.

allan@nmtvax.UUCP (04/29/85)

Sometimes, though, the insurance companies work in your favor:

A long time ago (a couple years), I bought a relatively trashed out '74
VW Super Beetle for $1095.  Six months later, I totalled the car and
the insurance company gave me $2200 for it.  That was enough to pay off
what I owed, buy another car, and pay insurance for a little longer.

Oh well,

Allan F. Perry
...cmc12!lanl!nmtvax!allan
       ^
       |____ Happy with this path, Dieter

knight@nmtvax.UUCP (04/30/85)

Right on, Phil!  State Farm IS a bunch of crooks.  I had my Datsun (which
had lots of aftermarket goodies on it) totalled by some cretin in Palo
Alto.  State Farm refused to give me more than book value for it.  So, I
bought another Datsun, stripped mine, and gave them the hulk.  To other
netters:  don't flame me about driving insurance rates up;  I wasn't 
going to let them make a profit on the car at my expense, which they most
certainly would have had I let them.

Bob

era@hao.UUCP (Ed Arnold) (05/02/85)

> 	+ it has been suggested that i visit a doctor immediately if i
> think back/neck injury was at all possible-does this imply that
> anything that might crop up is only 'covered' if i visit a dr. w/in 24
> hours or so of the accident?

Since I'm not licensed to practice medicine, I won't say what I think
you ought to do!  However, you might want to draw a conclusion from
the following story; note especially that there's a lot more involved
(namely, your health) than the issue of who pays for an exam.

I received a severe blow to my body in May 84, as the result of being
thrown to the pavement in a bicycle accident.  Over five months later,
my lower back went into severe spasms and I was out of work for an
extended period.  I finally had an x-ray evaluation by a reputable
chiropractor, who found that my spine was twisted and certain nerves
were being pinched; there was little doubt that this was due to the
accident many months before.  Treatment stopped the spasm, but I still
have problems with my lower back and probably will for the rest of my life.
-- 
Ed Arnold
NCAR/SCD (Nat'l Ctr for Atmospheric Research/Scientific Computing Div.)
USPS: POB 3000, Boulder, CO  80307-3000
BELL: 303-497-1253
UUCP: {hplabs,nbires,brl-bmd,seismo,menlo70}!hao!scd-sa!era

brett@ucla-cs.UUCP (05/08/85)

> Many, many years ago, when I was still young and gullible, my PARKED
> car was hit by someone who rounded a corner wide.  (I was >50ft from
> the corner.)  She immediately left the scene.  Fortunately, a witness
> got her license plate.  I found out from the police who she was and
> confronted her.  To make a long story short, her insurance company
> gave me a hard time and a runaround.  At one point her agent said that
> she was being pretty nice about the whole thing, so don't push.
> I wish I had been quick enough to think to remind him that I was nice
> not to have her prosecuted for leaving the scene.  I bet I'd have
> gotten quick results then.

I had a hit and run on my RX7, similar to your situation.  It was a H-and-R.
At my insurance company's instructions, I rented a car and they paid for
it.  They suggested I waive damages on the rental.  So I did.  

I parked the rental on the street out front and some creep, borrow-
ing his friend's car hit the rental car.  It wasnt a bad bash, about
$500 or $600 I'd imagine.  It just looked really ugly.
I called the guy and told him (the owner) about the
accident the night it occurred and he thanked me and was nice.
He said a friend was using the car.  I called him several days 
later, for some reason, but basically I wanted to 
get State farm to pay the claim as quickly as possible.  State Farm
was nice, but they said they would investigate and get back to me.
I called the guy (the owner of the car that hit me) and he was
antagonistic and claimed the "car was stolen".  You see the accident
involved three cars: mine, the owners and the person the driver hit
head-on, who was taken to the hospital.  Once again, my rental was parked.

Well, I called the agent
at State Farm told him this, and they said they'd investigate.  Meanwhile,
the rental place collected 100.00 from me (my deductable in case I had
to file another claim....you pay the rental outfit the deductable and
my insurance company would pay them IF I CAUSED THE ACCIDENT).  Since
I didnt cause the accident it was logical for State Farm to pay me back
my deductable and pay the rental agency the remainder.  Unfortunately,
the case dragged for a three or more weeks, so I filed the claim thru
my insurance company.  Especially with the owner claiming the car was
stolen.  You see if the car is stolen State Farm doesnt have to pay
the claim off (at least that's what the State Farm agent said).

When you file a claim thru your company it's still considered a claim...
whether it's your fault or not, whether they get the money from State
Farm or not.  The process of insurance companies getting
money from one anothers insured is called "subrogation".  Eventually
my company Aetna did subrogate the case against State Farm.  Aenta
called me and agreed the owner of the vehicle that hit my rental was
lying.

Unfortunately, I learned from this fiasco filing for 
subrogation is considered a claim, thus my claims were
considered a total of two claims.  My insurance company made threats
to discontinue the policy when it came to renewel (they 
sent out a discontinue notice at renewel time, I had three previous
claims, mostly minor stuff) My agent called up and smoothed things out.
As it turns out, they raised the deductable another 100.00.  

The lesson: try to get the money direct.  Subrogation should be used
as a second choice.  Subrogation may be counted as a claim against you.
It's advisable NOT TO WAIVE the damage waiver on your rental.  If a jerk
hits you, you have two claims.


-- 
Brett Fleisch
University of California Los Angeles
3804 Boelter Hall
Los Angeles, CA 90024
Phone: (213) 825-2756, (213) 474-5317 

brett@ucla-cs.ARPA or
...!{cepu, ihnp4, trwspp, ucbvax}!ucla-cs!brett
-------------------------------------------------------------------------

doug@terak.UUCP (Doug Pardee) (05/11/85)

> It's advisable NOT TO WAIVE the damage waiver on your rental.

I have always paid the extra for full collision coverage.  One incident
probably paid for all of the premiums for the rest of my life.  I'd left
a brand-new rental car with the valet parking at the hotel in New
Orleans I was staying at.  When I got it back, the entire left front was
crumpled in -- headlight completely missing, just plain wiped out.  Of
course, the valet claimed "It was like that when you brought it in."

Another time, I didn't take the coverage on a business trip, as my (then)
employer self-insured.  Came out from the meeting to find the right side
of the car smashed in, both front and rear doors.  My employer got hit
with two incidents that week -- another employee rented a car in Dallas,
and it was raining cats and dogs so he didn't look it over.  Turned out
the rear end had been smashed in before he'd gotten it, no taillights or
anything left (he was wondering why the turn signals didn't work :-)

Have you checked the amount of the deductible?  $1000 to $2000 is not
unusual.  Pay the extortion (er, insurance) and sleep easier.
-- 
Doug Pardee -- Terak Corp. -- !{ihnp4,seismo,decvax}!noao!terak!doug
               ^^^^^--- soon to be CalComp