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Auto Insurance Claims/Rear ended- old car

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Expert: webfoot - 9/5/2006


Question
My sister was read ended Friday night by a large SUV with a front grill guard.  The other driver admitted fault and was issued a ticket.  She went to the emergency room to be checked out and is since just sore.  Her car is a 1995 Chevy Cavalier and not worth much money.  Her bumper is badly dented, her trunk is bent, and her frame is buckled.  She is in college and doesn't have the money to buy a new car.  I am afraid they will total her car and she will be left with not much money and no car.  What can we do to ensure that she doesn't end up worse off than before the wreck since it wasn't even her fault.  The father of the other driver offered to just write us a check for the damages, but we have already called their insurance company.  Is there any way to not have the claim filed and just let him write us a check?  Please help.

Answer
At this point as there are going to be medical bills and a likely total loss, I would not recommend just taking a check.  Insurance needs to go ahead and handle.  If the vehicle is not drivable, then you'll need to go ahead and rent her a car and you should be reimbursed within reason.

She will be paid the value of her car and can use that money to locate another vehicle of similar value.  There are plenty of vehicles on the market in the same price range as what she had.  Chevy built a bunch of Cavaliers.  It's unfortunate and an inconvenience, but as far as the car is concerned, they only owe for what the 95 Cavalier is worth. If you have any recent repair (not maintenance) bills for that car, fax them to the adjuster so they can make appropriate adjustements to the value.  You may also review some of my recent posts regarding how insurance companies value vehicles.

If she has been sore and was checked out at the ER, they will also owe for those bills as well as some reasonable pain and suffering.  This amount is subjective and varies from state to state/company to company.  I would recommend that she first make sure that she's going to be ok and then see what can be negotiated on the soreness.  If it's acceptable, then she'll have a little more money to apply toward a replacement vehicle.  

Good luck!

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webfoot

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Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.

Experience

20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background

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