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Ran out of luck today with my EVO...

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Old May 17, 2003, 01:58 PM   #1
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Unhappy Ran out of luck today with my EVO...

I was driving my EVO to the dealer this morning to have them check my CEL. On the way there, a lady got stucked behind a modded WRX (which was driving at the speed limit), and decided to switch lane like she was doing a slalom test. She didn't see my car and hit it. We got off and the lady asked me if I was okay. She saw the damage, and didn't think it was a lot. She then told me she will pay for it, because she doesn't want to deal with the insurance company. I got all her info down, including her insurance policy #. From the look, the right front fender has some dents and scratches as well as the front bumper. I'm not sure if the fender has been pushed toward the hood. The alignment seems to be off as well, and the break might need an inspection. I'd say the repair cost might be somewhere around $1000-2000.

Damnit, I don't think she might be able to afford it. So, should I deal with her insurance company? Her boyfriend will be here tomorrow and I'll be dealing with him.

Last edited by IS2000; May 17, 2003 at 02:18 PM.
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Old May 17, 2003, 02:02 PM   #2
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I would go get an estimate from a shop you trust and then at least one additional.

If they say they're going to pay make sure you get it in a cashiers check or cash. I know I would go through the insurance. Mainly because if someone else goes wrong on the car and the mechanic say that the accident caused the part to fail, then the insurance company will still pay for it.
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Old May 17, 2003, 02:22 PM   #3
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(References include State Farm Claims and a few years at the Sheriff's Office) I don't care what she says or how much she will whimper and whine about her insurance. Call a cop immediately when you have an accident where there is any damage over $500 and assume they are lying. Write down tags, license, etc. and make sure it all matches. Make sure you get this info before they even get a chance to see what you are doing or they will often bolt. In my experiance some 35% of all accidents end up being a hit and run and that means you and your insurance end up holding the bag, and even if you are not remotely at fault expect your rates to go up as a result. Forget dealing with the boyfriend and contact both your and their insurance companies and get your statement in to them. Also fill out a non-injury accident report immediately before they do, otherwise you are automatically on the defensive side regardless of what the law says. Remember, perception is reality! She is probably already filing one that says you slammed into her.

Also, get at least two preferably 3 estimates of the damage and repair cost as well as an estimate for Diminished Value. You now have a brand new wrecked car and no matter how good the repair you will still find signs of damage. That means your new car is now worth significantly less as it has damage history. They are obligated to pay you this difference under the Diminished Value clause. Btw, your insurance agent's won't tell you about this. It costs them money! However, once brought up they have to honor it. This means getting estimates of what a perfect conditions value would be as opposed to one with a damage history. Get it in writing from dealerships, preferably Mitsu dealerships.

Now, first thing Monday morning you best be on the phone pursuing this or be ready to write off a significant chunk of change.

Good luck!
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Old May 17, 2003, 02:23 PM   #4
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Since I got my EVO for 6 days, about 5-6 people tried to switch lane without looking (is my car that invisible ), and one tried to run a red light.
Well, no luck for me and my EVO today.
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Old May 17, 2003, 02:24 PM   #5
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yeah..file a report. that way, insurance cant bug you about why you didnt do so or anything like that. then maybe you can take her to small claims court..
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Old May 17, 2003, 02:26 PM   #6
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Drives: EVO8, 335i, 997C2S (gone), Mini Cooper S'(sold), VW Passat (sold), S2000 (sold), IS300 (traded for EVO)

I already talked to the police, and they say they don't deal with this kind of thing.


Quote:
Originally posted by MikeFreeman
(References include State Farm Claims and a few years at the Sheriff's Office) I don't care what she says or how much she will whimper and whine about her insurance. Call a cop immediately when you have an accident where there is any damage over $500 and assume they are lying. Write down tags, license, etc. and make sure it all matches. Make sure you get this info before they even get a chance to see what you are doing or they will often bolt. In my experiance some 35% of all accidents end up being a hit and run and that means you and your insurance end up holding the bag, and even if you are not remotely at fault expect your rates to go up as a result. Forget dealing with the boyfriend and contact both your and their insurance companies and get your statement in to them. Also fill out a non-injury accident report immediately before they do, otherwise you are automatically on the defensive side regardless of what the law says. Remember, perception is reality! She is probably already filing one that says you slammed into her.

Also, get at least two preferably 3 estimates of the damage and repair cost as well as an estimate for Diminished Value. You now have a brand new wrecked car and no matter how good the repair you will still find signs of damage. That means your new car is now worth significantly less as it has damage history. They are obligated to pay you this difference under the Diminished Value clause. Btw, your insurance agent's won't tell you about this. It costs them money! However, once brought up they have to honor it. This means getting estimates of what a perfect conditions value would be as opposed to one with a damage history. Get it in writing from dealerships, preferably Mitsu dealerships.

Now, first thing Monday morning you best be on the phone pursuing this or be ready to write off a significant chunk of change.

Good luck!
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Old May 17, 2003, 03:54 PM   #7
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Hmm... I've been in my own fair-share of fender benders, so I'm surprised to hear the police say they're not involved. The law requires that any accident occuring on public property and resulting in over $500 in damage (that dollar amount might not be accurate) requires a police report be filed within 24 hours. In a parking lot or something, it's your own call I believe. I strongly urge you to take Mike's advice (above), with one exception - don't tell your own insurance yet. If you have her insurance, call her insurance company and file a claim against her. They will process it, contact her, and then follow up with you. They will ask you for your insurance information as well, but you can decline to provide the information. This will ensure that your rates don't increase as your insurance company won't even know about the incident.

Sorry about the bum luck - hope you get it sorted out without too much fuss!

-Josh
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Old May 17, 2003, 04:45 PM   #8
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Well I don't know the laws in Cali.. But if I do not respond when the accident occurs, we do not file.. No way to investigate the crash... There should be something like a "Delayed Accident Report" that you (the driver) fills out with all the information available from the incident.. you send a copy to your insurance company and another copy to the DMV of the state.

That damage will most likely be more expensive than that considering that the front fenders are alluminum.. They will most likely need to be ordered from Japan.. I don't know if you can take dents out of alluminum body panels..?

The moral of the story goes: Contact the insurance company immediately...! If you don't, you'll be sorry that you didn't in the end...
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Old May 17, 2003, 06:32 PM   #9
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Quote:
Originally posted by nynguah
The law requires that any accident occuring on public property and resulting in over $500 in damage (that dollar amount might not be accurate) requires a police report be filed within 24 hours. In a parking lot or something, it's your own call I believe.
I'd second nynguah on the $500 amount too.
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Old May 17, 2003, 06:50 PM   #10
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Sue the ***** for "Emotional distress" and "physical ailments" resulting from the crash!!
Her insurance company will pay anyway and will teach that little whote to look before changing lanes and to keep to the speed limit.
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Old May 17, 2003, 08:28 PM   #11
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Protect yourself, call your insurance co. now.
And you need to fill out an SR 1 and a SR 19C A.S.A.P. http://www.dmv.ca.gov/
Good luck!
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Old May 17, 2003, 09:44 PM   #12
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I'm glad I read this thread, learned something new about getting my car fixed, the "diminished value clause". I was rear ended a couple months back, my car was only 5 months old, and nobody mentioned anything about that. $1400 damage was done, still waiting to find out if the other guy has insurance or not.
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Old May 17, 2003, 10:52 PM   #13
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I just called my insurance co., and they will take care the rest. The lady didn't get any info about me.
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Old May 17, 2003, 11:11 PM   #14
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Quote:
Originally posted by IS2000
Since I got my EVO for 6 days, about 5-6 people tried to switch lane without looking (is my car that invisible ), and one tried to run a red light.
Well, no luck for me and my EVO today.
A bit off topic but sheesh, what area do you live in?? Bet your insurance is quite a bit because of crappy drivers in your area

Well, sorry to hear about your accident, good luck
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Old May 17, 2003, 11:14 PM   #15
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I live in North Hollywood/ Burbank area. But the accident happened in Van Nuys area. People around there don't really know how to drive. the fender benders.
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