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Was hit yesterday by a driver running a red light

20K views 101 replies 44 participants last post by  mike240 
#1 · (Edited)
Me and my Wife are doing just fine. The other driver and her passengers are healthy.

But to say that I'm beyond crushed about my baby blue is an understatement. I took ownership of her January this year with 451 miles on her. I've taken her to a whooping 26K miles. Happy, smile inducing miles.

And I'm just not sure if she'll pull out of this one. Honestly, I'm not 100% sure I WANT her to pull out of this, because I've heard of too many horror stories of a car just never driving the same again.

Driver who ran the red light hit my dead center on the wheel. Wheel came completely flying off in the process. Door+mirror has pretty good damage (windows are rolled down, so unsure if shattered). Fender is completely toast. Bumper is bent/scratched/cracked. Headlight is 6 inches back/off center from the bumper (even thought the bumper is still perfectly in-line with the hood...so this really worries me). Fender is smashed against the hood, so other than paint damage, I don't know if it actually dented the hood. Also, looks like I may have a crack in the frame area / separation of joining pieces.

Oh and did I mention the wheel has a nice 6 inch tuck now. FML
 

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#2 ·
My condolences :( I'm glad you weren't injured though. A Guy
 
#3 ·
WOW that really sucks. I'm sorry to hear this has happened to you. I hope the other driver had insurance.
 
#18 ·
#6 ·
Glad you're ok. Sorry to see that happen to a beautiful blue beast like that.


Did all of the air bags deploy properly? I just had mine car taken to the dealer for airbag recalls.


Update with how your insurance / repair / total goes.


Dang man....that sucks. :(
 
#8 ·
If there are no hidden issues such as frame damage, you will be within the price range of repair, not replacement. No one will know for sure until someone qualified gets under your car to inspect what we cannot see in the pictures you posted.

For your sake, I hope they find additional damage that cannot be repaired and you receive a replacement vehicle.
 
#9 ·
Nanogeek, I think you live in the same street I do, off Marsh Ln in Country Place? Lately I have seen what looks like that same car parked in the street and the driveway. I hope not but in any case, sorry this happened to you but glad you and your Wife are fine.
 
#13 ·
Thank you all for the well wishes and support. It definitely means a lot to me. We all know these are our babies, and the fact that I can't drive mine has been heart breaking. Thankfully, since insurance hasn't come through with a rental yet, my buddy dropped off a 5.0 Hyundai Genesis Sedan for me to use for awhile, so at least I'm not totally devoid of "umph" while driving, and have a vehicle to get around.



I don't live there, but the Accident did happen Sunday around 5:40-5:50 PM at Marsh/Beltline in front of the Wells Fargo. I live up towards Josey/Keller in the Villas.

Claims adjuster here, as long as the repairs do not make it to 60-70% of the cars worth it's not a total loss. I would suggest you go through your own company and subrogate against the AVC. Your policy may have better repair guidelines as it's still a new year, tho with 26k miles it might warrant after market as OEM may be considered restoration past point of loss.

As stated before you are owed diminished value from the other person's insurance company if they are found at fault. Please ask for this once the investigations are over! Depending on your state you can get this from your own insurance company but that's just a few states.

Did the cop give them a ticket or write them as at fault? Otherwise your in a he said she said situation.
I did not see the cop write a ticket. I'm waiting for the Police report to be uploaded. I am calling them today to see if I can pick it up versus waiting for it to be processed online. I have 3 credible witnesses (Those directly behind and beside me) that confirmed I had a SOLID Green Arrow for turn. The one next to me was also in said turn lane, but since she was in a big SUV, it took a moment for her to get off the line, and then had a chance to see what was going to happen, slamming the brakes and leaving out there to fend for my lonesome.

I will fight tooth and nail about them using Non-OEM parts or even used parts. The law states that I have the reasonable expectation to expect my vehicle to be exactly the same leading up into the seconds before the accident. Non-OEM parts are NOT exactly the same. I have no qualms against yanking a lawyer into this if needed. It's bad enough that I believe the lady had State Minimum coverage, so that caps at $25k in damage, meaning I will end up having to file an Under-insured claim on my policy as well.
 
#10 ·
Claims adjuster here, as long as the repairs do not make it to 60-70% of the cars worth it's not a total loss. I would suggest you go through your own company and subrogate against the AVC. Your policy may have better repair guidelines as it's still a new year, tho with 26k miles it might warrant after market as OEM may be considered restoration past point of loss.

As stated before you are owed diminished value from the other person's insurance company if they are found at fault. Please ask for this once the investigations are over! Depending on your state you can get this from your own insurance company but that's just a few states.

Did the cop give them a ticket or write them as at fault? Otherwise your in a he said she said situation.
 
#101 ·
Kinda but not exactly...

First of all, glad you weren't hurt. A few feet to the rear of the car and it would have been bad news.


Did the cop give them a ticket or write them as at fault? Otherwise your in a he said she said situation.

Kindof...

I'm a recently retired 20 Year LEO Sgt. and Motor Vehicle Crash Re-constructionist (Northwestern Traffic Institute), and Commercial Motor Vehicle Vehicle Crash Re-constructionist (UHP).

While it's true that often, the insurance companies often mirror what happens as far as citations issued, a police officer does not and can not legally determine fault in a crash.

That is a civil tort action and decided by the parties involved (mostly Insurance Companies, or Civil Court).

Police officers look for 1) violations of the law and 2) Contributing circumstances to a crash. The insurance companies rely heavily on the officers investigation and report.
 
#11 ·
This is really upsetting to hear of, but I'm so glad to hear there were no injuries. My only experience with a crash repaired car was not good. There was a drain on the battery after repair, and it took a long time to find it, and the insurance company balked at having it repaired. Tired of fighting them, tired of constantly jump starting the car, I traded it in, giving full disclosure of the problem. The dealer said not to worry about it, they were going to wholesale it anyway. So who knows what happened to it?
 
#12 ·
Hurts my heart to see that!

Honestly, it doesn't look *that* bad. The wheel doesn't look bent in or out. It might just be replacing the front clip, and side sheet metal. I don't think it will be a total unless there is a lot of damage we can't see. Check your state rules; my state allows an owner to demand OEM only parts.

As one data point to make you feel a little better, a friend of mine had a Shelby GT500 (2008 IIRC) that got run into a retaining wall on the highway during a police chase (she was not involved, the suspect hit her car and ran her into the wall). The whole side of the car was wiped out, and one wheel bent. The dealer she used repaired it to the point that you literally cannot tell it was damaged, and it drives like new. Good repair skills can work miracles, just do your research and find the best body shop you can.
 
#15 ·
Witness will help you out greatly in these type of accidents! I hope all goes well and the process goes quickly.

Did the air bags go off at all? I couldn't see them well in the photos? Very glad to hear your not hurting from the side impact usually that shakes people up
 
#16 ·
Trade it in, the dealer gets a repair job and a NEW car sale, they love that situation. You don't have to wait for it to be repaired, I'd be driving off in a new Challenger TODAY. If you take a hit financially, SO WHAT. Eliminate the headache today. Seriously, why fight the insurance company and be without a car, life's too short for that trouble. Out with the old, (wrecked), and in with the new !
 
#17 ·
Glad to hear that everyone involved was OK, and sorry to hear about your ride.


First, make sure that all the "legal" paperwork is correct from the police, as this is the starting point for the involved insurance companies. This first step can be the most important.


Now your "fun" will begin. Depending on your insurance company, they will try to "wear you down" for the cheapest possible settlement that they can get away with.


Don't be fooled that your insurance company is really on your side. They want your premium money, but they want to pay out as little as possible on a claim. They are a business, and they are in business to make money, period. You are on your own fighting them, if it comes to this. Stand your ground.


When my '10 Challenger got "flood totaled", it took me seven weeks to finally get a fair settlement from my "Good Neighbors", who I was insured with all my life. The tactics that they use are worse than any political race. They just want you to say "uncle" as quickly and cheaply as possible.


Needless to say, right after I received my check, I kicked these clowns out of my neighborhood! lol


Best of luck and keep us posted.
 
#21 ·
My insurance is Progressive. Hers is State Farm. Since it's her fault, I've been trying to keep the ball in State Farm only, and not get Progressive involved other than letting them know I was in an accident. They asked if I wanted to start the process through them and I said NO because I do not want it to effect my insurance with them.

Unfortunately, It's put me in a bit of a pickle on a rental car because State Farm is dragging their ass. I received an e-mail today saying "Please call us so we can obtain details from you about this claim". When I called, I was told "Oh sorry, I'm not actually the one assigned to this claim anymore. You were assigned to a new claim adviser. Here is her information". Called her at 2. Left information. Received no call back. Her voicemail says she works from 7 to 330 only.

Car is still at the wrecking yard. Hasn't been touched. Cops also say it can take up to 10 days before the police report can be released. SMH. Someone hit me, and yet I'm the one suffering the stress and bullshit from the accident. If it seems like too much more bullshit, I'll just get a lawyer involved. I don't have time to mess with it, I still have a business to run.
 
#22 ·
Generally, a good lawyer won't touch this. They will tell you that you have to "play the game", and you are already seeing how SF handles things.


Why? Because after every delay and run around, the insurance company will say "sorry, we'll take care of this, our fault for the delay." ..................then the next round of BS will start.


You will get nowhere, and the lawyers won't either, except billing you for time spent. They can't win, you can't win, and a good lawyer will tell you to fight for the best settlement. You make the settlement, the lawyers won't because are "cars value" is considered negotiable in a claim like this.


You're just starting to see the "fun and games", and it'll only get worse when SF is involved.


Best of luck
 
#23 ·
Sorry about your loss, man.

Yesterday, I had a woman looking down at her phone in her huge pick-up cut me off as I was accelerating from a stop and then had the gal to get upset about it when I honked.

I can't wait for self-driving cars so all these idiots can safely look at their narcissistic bullshit without endangering the rest of us.
 
#24 ·
It's in the air lately apparently. My best friend called me last night and said he was hit. He was in a parking lot and a lady cut across the lot at 30mph and took out his bug. Me and him have always been competitive in life and I told him I know he tries to 1up me, but man he really needs to stop following in my foot steps. He died laughing, and told me I wouldn't believe him. The car that hit him was a 2001 Infiniti JMJ just like what hit me (mine was a 2000). I called BS. He sent me the pictures, lol.

Then my wife's friend got in a wreck last night when someone was avoiding falling debris from a tree and slammed into him.

And finally, one of my Mother's client's Husbands got Tboned on Sunday as well by a driver not paying attention.

It's a bad week to be on the road. I'm working from the home office all week after hearing about all of that!
 
#27 ·
Use your insurance and sit on them,State Farm will jerk you around and you're already at a deficit of no rental car. You are making a mistake. You can get the car appraised anywhere you choose and they have to work it out with that shop so go to a very well respected high end shop.
You are putting yourself in the may i position instead of the you will do position.

Best of luck to you. Happy you're safe.
 
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#28 ·
I guess part of my concern is that I do not have the police report in my hands yet. I know damn well I had a green light. I know damn well I have witnesses.... but I want to make sure I have that police report to back it all up before I start flipping desks, sort to speak. Maybe it's the wrong way to go about it, but alas, I do NOT want it on my insurance as previously stated, so I'm afraid to leverage my insurance at all. I hear horror stories of what people my age pay for insurance...so I'd rather not do anything that could cause such a spike in rates.
 
#30 ·
That sucks. B5 is a beautiful color. You should definitely involve your insurance. You are not at fault. they will fight to get any money they advance to you for rental car etc. from State farm. This should not affect your insurance premium. If it does, you should switch insurance. I've had something similar happened to my wife's car. Some woman ran the light and hit her. My insurance (Geico) took care of everything up front and got their money back from the other insurance. Our premium never went up and no point on my wife's driver's licence.
 
#32 ·
Once your company knows you were in an accident whatever is going to happen rate wise will happen, you are not going to change anything by avoiding using your company. Are you aware if the police dont issue a ticket you can sign the ticket and take the other driver to court, I did it to someone running a stop sign and he got a fine and points. What will happen is they will pay your claim minus the deductible and once it's settled and paid you get your deductible back. MAKE CERTAIN you are NOT held responsible at all, the other company tries to be cute and assign you a percentage. Also , don't let them dictate where the car goes. If you're not happy get an independant adjuster to work up an estimate.
I don't know your age so not sure how long you're driving or been exposed to claims or stories from others about this. Good luck, hope it is resolved to your complete satisfaction.
 
#40 · (Edited)
I'm only 25, and have never been in an accident before. My wife (27) was in an accident once, when a truck ran a red light and clipped the front of her car with his trailer, but he had Progressive just like us. And things moved Quick and Simple. By the end of the first day, we had a rental. No police report was filed, witnesses were called, car was taken to a shop and repaired. Total claim lasted maybe 2 weeks.

@Nanogeek, that sucks! On the bright side, I bet it's mostly sheetmetal and suspension damage, both of which can be repaired without causing long-term problems. It would have to have at least $25,000 or so in damage to be considered a total loss and I don't see it being near that. My totaled '11 had over $20k in damage and was totaled, but it had enough damage to need pretty much the entire left rear 1/4 of the car to be cut out and replaced.

Really, don't worry about filing with your insurance company. You will be in better shape overall if you DO file with them and let THEM deal with the other party's insurance. It's not filing the claim that affects rates, it's being at-fault. If you're not at-fault then it doesn't matter who you file with in terms of your rates. Similarly, if you are at-fault then it doesn't matter, either, since you'd get dinged either way.

The advantages of filing with your insurance company are:

- They take care of you first and then go after the other party and their insurance to cover their and your losses.
- If the other party doesn't have high enough limits then your insurance company will cover all of your covered repairs/expenses. If you file with the other party's insurance and they don't have high enough limits then you're screwed, having to try and recover the rest on your own via court, etc.
- If you used one of your insurance company's preferred shops then they will guarantee the repairs for life and often cover any hidden damage that wasn't found and repaired initially. You don't get that using someone else's insurance.

You are paying YOUR insurance premiums for a reason. USE them. It will make the process much, much easier for you. I went through this 2 years ago, went through my insurance and was more than happy with the outcome. I was taken care of shortly after the accident but due to problems with the other party's insurance my claim with my insurance didn't finally close until 1 year and 11 months after it was filed. Most of that time was due to my insurance company trying to collect from the other party and their insurance.

Glad nobody was hurt, hopefully you'll get some news soon and definitely get with your insurance sooner rather than later to avoid additional delays.
BUT if I file with my insurance, I will NOT be able to recover Diminished Value, will I? From the link that was posted earlier, 1st party claims (so those through your Insurance) do not qualify for diminished value in the state of Texas. I do NOT want to give that right up.





ALSO: Got a call earlier from State Farm. Adjuster said that there is a dispute, their driver said she had a green light. I was in the middle of working on a downed system at a client, so I really didn't have time to deal with her, and as a result, was very short. I asked "Well did you contact the witnesses to verify this, since the police report isn't yet available".

"Well, no sir, I haven't done that"
"Then I very well suggest you track them down and get the information first. Your driver even admitted on site that she could not see due to the sun being in her eyes, and obstructing her view of the stop light. Call me back when you have their statements, and I'm not in the middle of a client crisis"

She quickly changed her demeanor from "accusative" to a sheepish "Yes sir, I'll make sure to take care of everything for you. I sincerely apologize".

Tried to call her back because I'm finally at my desk, and sure enough, direct to voicemail.
 
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