Collision... HELP!
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Joined: Oct 2013
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Collision... HELP!
Hi everyone,
I don't know if you can help or not, but I was in a collision and need help getmy Ford back on its wheels.
Mom and I have traveled over 4500 miles on a move cross country with my FordE150 and a 16 ft. toy hauler. When we were 2 1/2 hours from our new residence Iwas in a collision. I was coming into a town and the light turned yellow. Ibraked some (reflex) and realized I was too close to the cross walk to stopsafely so I proceeded into the intersection to clear it. A truck from the otherlane was turning left in front of me and I had to brake hard (brand new premiumceramic brakes on all 4's and 2 new rotors, and all trailer electrical in goodshape) and swerve to avoid t-boning him. I clipped the right rear corner of histruck; a newly restored Ford with newly acquired antique plates (I wrecked hisbumper and tail light area). Now, facing the wrong lane, I had 3 small cars to avoidhitting with the trailer (aka: Home); I intentionally jackknifed it (withstabilizer bars). The van stopped when the right rear wheel hit the eastboundcurb (after doing a 180) and the axle shaft broke. The trailer was still intactand there were no fatalities or hospitalizations.
The officers on the scene, after asking a few questions about my drivingskills and my rig, marked the collision “no fault” and my insurance marked me100% not-at-fault though they initially refused to cover my trailer and triedto auction off the van out from under me (I made it perfectly clear from dayone that I would be having the van restored), wouldn’t pay the motel bill, andwouldn’t help me get a ride to medical the next day when my driving foot andknee were throbbing (the pain in my foot almost put me on the ground). The other insurance is trying to mark me 40%at-fault because I began to brake (reflex). In the second or so it takes to assess the situation the van and trailerwould barely have lost any speed (16’ each and the trailer was about ½ full ofsecured items that did not shift) so I don’t understand how that would giveanyone the right to turn left. WheneverI see a rig, especially one bigger than me, I automatically wait to see howthey are controlling their vehicle before I make any changes in my movements (i.e.Are they stopping in enough time? Howhard are they braking? Their blinker ison but are they really turning? Am I in a potential blind spot? Are theydriving too fast for conditions- is their trailer uneven or are theyfishtailing in the wind? etc.) It’s alot to think about, but I appreciate erring on the side of caution and hit haskept my family safe for this past 4,500 miles. Even in the collision, everyone was safe and I attribute it greatly to utilizingthe safety features installed on the van and trailer.
My Ford E150, however, took the brunt to keep us and everyone around us safe.The main problem with the van revolves around the right rear axle shaft, rim,tire, and brakes (I don’t know what else is damaged in that area yet). Then there's some damage to the left bumperand panel because of the jackknifed trailer (which never detached), and damageto the brush guard and right front panel and side mirror from where I hit thetruck (and 2 small spots on the hood). My insurance company fixed the trailer(needed an entirely new axle, a new rim, and a new stabilizer bar shackle for$2,000) but has marked my van a "total loss." I put about $16,000 into the van over the last2 years I've owned it, for safety and functionality, and it’s worth every penny(15 year old engine dies NOT leak, and it still has it’s original, stainlesssteel exhaust system). Also, it issuitable for Mom’s and my disabilities and for our 2 service dogs (mostly becauseof the Waldoch customizations).
It’s getting repaired, but I’m now living 2 ½ hours away from the shop. Most of the repairs will be out ofpocket. Does anyone have any ideas onhow to get the insurances to cooperate? Or,any ideas on how to fix the cosmetics? I’vedownloaded pictures but am not sure how you’d be able to view them; they’re inmy picture gallery.
Thank you for your time and for listening.
Cargo Master
Joined: Apr 2013
Posts: 3,087
Likes: 24
From: Central Florida
I hate to give you such a generic response; but just get an attorney. I'm not sure where you live, but in my area there are billboards, TV ads, etc. for hungry attorneys. Any good attorney will give you a free consultation.
Just be careful: don't get sinful/greedy. and don't let them. Just tell them you want what is fair and legal and nothing else. (being a Christian man; I would only hire a Christian attorney- because without God; the temptation for money is too much for most people-especially attorneys)
keep us posted.
Just be careful: don't get sinful/greedy. and don't let them. Just tell them you want what is fair and legal and nothing else. (being a Christian man; I would only hire a Christian attorney- because without God; the temptation for money is too much for most people-especially attorneys)
keep us posted.
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Attorney
Thank you for the advice.
I have tried a couple of attorneys, but none will take the case on contingency (which is all I can afford) because no one was seriously injured; the retainer is $1,000 just to look at the case. As a fellow Christian I'd rather have a clean conscience before God knowing I did all I could to NOT hurt anyone while avoiding the truck than to have T-boned the other driver or hurt someone in one of the small cars just to have a lawyer fight for me.
It's a nice thought though. Thanks again. And thanks for the Christian advice too.
Luke 6:27-31: " 'But I say to YOU who are listening, Continue to love YOUR enemies, to do good to those hating YOU, to bless those cursing YOU, to pray for those who are insulting YOU. To him that strikes you on the one cheek, offer the other also; and from him that takes away your outer garment, do not withhold even the undergarment. Give to everyone asking you, and from the one taking your things away do not ask [them] back. 'Also, just as YOU want men to do to YOU, do the same way to them. "
I have tried a couple of attorneys, but none will take the case on contingency (which is all I can afford) because no one was seriously injured; the retainer is $1,000 just to look at the case. As a fellow Christian I'd rather have a clean conscience before God knowing I did all I could to NOT hurt anyone while avoiding the truck than to have T-boned the other driver or hurt someone in one of the small cars just to have a lawyer fight for me.
It's a nice thought though. Thanks again. And thanks for the Christian advice too.
Luke 6:27-31: " 'But I say to YOU who are listening, Continue to love YOUR enemies, to do good to those hating YOU, to bless those cursing YOU, to pray for those who are insulting YOU. To him that strikes you on the one cheek, offer the other also; and from him that takes away your outer garment, do not withhold even the undergarment. Give to everyone asking you, and from the one taking your things away do not ask [them] back. 'Also, just as YOU want men to do to YOU, do the same way to them. "
Cargo Master
Joined: Jun 2010
Posts: 2,113
Likes: 4
From: Iowa
Most likely you will end up getting whatever the inc co pays for the total loss and then buying your own van back from the inc co for whatever its now worth with a repaired title. From what I've heard from people that have been through this.
Freshman User
Joined: Dec 2013
Posts: 43
Likes: 0
From: Silver City, NM
As a previous collision repair center manager and ASE certified collision estimator, I would advise you to discuss the damage with the collision repair shop. They may be able to work an estimate up that will come in just below the total value of your van, and any of the additional repair costs that put it over the total loss value you can pay for out of pocket. That would save you from having to do what twigsv10 advised, and you wouldn't have to deal with the devaluation of your van because of the salvaged title it would require to reregister it after a total loss.
Cargo Master
Joined: Apr 2013
Posts: 3,087
Likes: 24
From: Central Florida
One thing I've learned from insurance claims is that they will always offer you less than what they are able/willing to do. If you aren't happy with their offer of the "total loss" or even the price to buy back the van after the Total, tell them very directly that you aren't happy with their number.
If you aren't good at being strong like that: find someone who is. Strong doesn't necessarily mean "rude" or sinful in any manner.
Make sure you keep us posted on the progress.
If you aren't good at being strong like that: find someone who is. Strong doesn't necessarily mean "rude" or sinful in any manner.
Make sure you keep us posted on the progress.
Cargo Master
Joined: Mar 2007
Posts: 2,935
Likes: 34
From: Arcadia, Fla
I went through this with one of my vehicles. I just held out till they gave me what I wanted. Pay for dammages WITHOUT totaling the car. Took 8 months, but the longer it stays on their books the more it costs them.
Insurance companies do not like to have "open cases" for any amount of time. Hence the cheap payout and BS "totaling" of a vehicle when it only needs a rear bumper(on my car)!!
Insurance companies do not like to have "open cases" for any amount of time. Hence the cheap payout and BS "totaling" of a vehicle when it only needs a rear bumper(on my car)!!
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Cargo Master
Joined: Jun 2010
Posts: 2,113
Likes: 4
From: Iowa
As a previous collision repair center manager and ASE certified collision estimator, I would advise you to discuss the damage with the collision repair shop. They may be able to work an estimate up that will come in just below the total value of your van, and any of the additional repair costs that put it over the total loss value you can pay for out of pocket. That would save you from having to do what twigsv10 advised, and you wouldn't have to deal with the devaluation of your van because of the salvaged title it would require to reregister it after a total loss.
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Freshman User
Joined: Dec 2013
Posts: 43
Likes: 0
From: Silver City, NM
oh by all means if you have no intentions of re-selling the vehicle in the future and you dont mind the salvage title, it's nice to get the full vehicle value because a vehicle totals at 75% of book value. but if you want to resell it it's a good way to avoid devaluation of the "salvaged" label
Lead Driver
Joined: May 2004
Posts: 5,033
Likes: 137
From: Maryville
I see a bent leaf spring pack with that broken axle, I'm willing to bet the frame is bent, I have gone through this a couple of times, you best let it go and get another, it will NEVER be right again, this is a fact! I have kept some, repaired them myself, accepted it, but I can't do it any longer. Your van wasn't built for the trailer you were towing, the weight alone was a factor, along with ceramic brakes, all brakes have ceramic material, but what sets those aside is the fact they have less metallic material in them, thats why you get less dust, great for light cars, STUPID for vans!
I've never dealt with an accident where anyone done as they were supposed to without hiring a liar/lawyer, they do this to make it difficult so you'll settle, you can wait it out if you have cash, but I don't see it working your way.
I've never dealt with an accident where anyone done as they were supposed to without hiring a liar/lawyer, they do this to make it difficult so you'll settle, you can wait it out if you have cash, but I don't see it working your way.
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