Car accident property damage?

S

stovie916

New Member
Jurisdiction
Utah
Hi all new here! I recently got in my second no fault accident in the last 5 years. I have been having a hard time dealing with the insurance companies at fault. I get the sense that they have tactics they train for and are trying to play a finger pointing game. I do not want this to drag on and just want to get compensated for my loss. let me give you the story!

I was driving my 2005 Toyota Corolla in the carpool lane (far left lane) on I-15 Southbound at. It was a morning where it had snowed, and the roads were only wet by this point of the morning 7am. There was no one immediately ahead of me for some distant. Suddenly a F-350 at least two lanes to my right somewhere in the range of 100-200 yards ahead of me suddenly lost control. My guess is he changed lanes aggressively and being a big top-heavy truck with possibly worn tires and he lost traction. The truck loses control and comes two lanes to the left crashing headfirst into the concrete barrier in the median of the freeway. The whole length of the truck was now blocking the far-left lane of the interstate I was traveling in, by the time I saw everything happened I started braking aggressively to stop because I was lined up for a head on collision. When I noticed the truck losing control and crashing into the median ahead, I was 50-100 yards (hard for me to judge and say for certain on distance). The roads were wet, and I basically started sliding because of the sudden braking I ended up barely clipping the trucks rear bumper with my front driver fender and then sometime in the next second or two We were rear ended. I did try to turn the wheel to hopefully barely miss the truck but there was no traction, and it was not very effective, but we did almost miss him because of it. as for the care that rear ended us I could not say for certain if he was directly behind us in the same lane or if he would have been in the next lane to my right and my trying to miss the truck we got into his way. Getting rear ended caused my vehicle to spin out in at least one full 360-degree circle across the next 3 or 4 lanes to the right side of the interstate into oncoming traffic. At which point me and my passenger anticipated another collision. As quick as I could think I restarted my car because it died from the impact, and I was able to revere to the far-right lane and pull forward to the shoulder leaving us on the right side of the interstate while the other vehicles involved were on the left.

I have talked to an attorney already and he is mostly interested in personal injury. I have yet to shop around and get consultations from other attorneys just to see what their advice is. Me and my passenger received some whiplash and both have back and body pain and stiffness and I have some pain on my abdomen. I have been working on getting it looked at but haven't had the chance because of trying to navigate the system. I don't suspect the injuries are too serious but that is yet to be determined. I have called my own insurance company and am very disappointed, but I do not have any collision or rental coverage. I have contacted the claim adjusters of both parties involved especially the f-350 because I feel like he is definitely the one at fault. The adjuster has been telling me they cannot provide a rental car until liability is determined and that I need to get my car out of the tow yard asap as its cheaper for everyone in the long run. I did not care as to I am not at fault but ultimately after receiving a letter from the state and 5 days gone by I spent 800 to have it out and towed home where it now sits. I have a feeling this is going to get complicated with 3 parties involved, the insurance want to point fingers at each other. the f350 thinks the guy who rear ended me is liable for most of the damage. The only damage fro the f350 was some cracked paint. I have gotten estimates on auto body for the adjuster and the car is definitely totaled. I have been trying to do my due diligence and collecting similar car prices along as well as paying out of pocket for the tow.

My main question is what is the best way to deal with this? Can I threaten the adjuster that I want to get an attorney involved? the attorney I talked too didn't sound super interested because of no personal injury. Can I take the insurance company to small claims court If I can not agree with their settlement amount or if they decide to drag out the process and cant come to an agreement? Can I take the driver of the F-350 to small claims court for the property damage to my car? what is your advice and what do you think the best way for me to handle this is? I am hoping to be compensated for the damage to my car, the loss of wages for the day, it is my work vehicle so every week I go without a rental those are lost wages because I cannot do service calls, the daily rental car rate since the day of accident, if I have to go to court then legal fees? my time and effort for having to put in so much work with this, and the fact that me and my passenger are traumatized from the whole experience since we could have been killed.... and it came down to luck that we were not. Is there anything in my statement that you would change for court? what should my strategy be? are my demands and expectations realistic? if not what can I hope for? TYIA!
 
I gave you a detailed response at legaljunkies.com.

Here it is again.

My main question is what is the best way to deal with this?
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The best way is to wait until the insurance companies decide what to pay and to whom. Or you can sue whoever you think is at fault but the burden of proving who was negligent is on you. And that looks complicated even to me.

Can I threaten the adjuster that I want to get an attorney involved?
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Sure. Won't do you any good though. Lawyer threats roll off adjusters like water off a duck's back.

the attorney I talked too didn't sound super interested because of no personal injury.
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That's right. Certainly not on a contingency. Would you like to pay him $300 per hour to seek the few thousand that your car might be worth? You'll have to cover your own attorney fees. You don't get them back.

Can I take the insurance company to small claims court If I can not agree with their settlement amount or if they decide to drag out the process and cant come to an agreement?
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No. The insurance company didn't cause the accident. If you name the insurance company in a lawsuit, it will be dismissed in a New York minute.

Can I take the driver of the F-350 to small claims court for the property damage to my car?
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Sure. But guess what. He's insured. You'll end up right back dealing with his insurance company who will handle the lawsuit for him and defend him if there is any question about his negligence, partial or otherwise.

I am hoping to be compensated for the damage to my car, the loss of wages for the day, it is my work vehicle so every week I go without a rental those are lost wages because I cannot do service calls,
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That raises another issue for you. It's called mitigation. The general rule is that an accident victim must make an effort to keep his damages to a reasonable minimum. More on that at:

Mitigation of Damages | Lawyers.com

If you fail to do so, you may find that you don't get paid for costs that could have been avoided.

You chose to self-insure your car. You should have the ability to replace it quickly in the event of a wreck. A driver who causes an accident isn't responsible for you losing wages because you don't have a car. He's responsible for you losing wages if you can't work due to an injury.

I'll put this another way. If you wrecked your car and nobody else was involved what would you do? You'd get another car as quickly as possible so you don't lose your job. That's what the doctrine of mitigation expects you to do.

I'm not blaming you for just buying liability insurance. That's a decision I've also made and it saves me a lot of money. But by the same token I have a fund set aside so I can get another car immediately.

That's what you need to do.

the daily rental car rate since the day of accident, if I have to go to court then legal fees? my time and effort for having to put in so much work with this, and the fact that me and my passenger are traumatized from the whole experience since we could have been killed.
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Common questions that everybody asks. Here are the answers.

Rental car - a few days maybe, while you get another.
Attorney fees - no. You pay for that yourselrf.
Your time - no.
Traumatized - no. You get paid for a bodily injury. You have aches and pains, go to the doctor, get treated, recover. You'll get your bills and something for pain and suffering. No medical treatment, no money.
Could have been killed - no, you don't get paid for what didn't happen.

Having been an accident victim more often than I'd care to remember, I'm sympathetic.

But the reality is that this was a multi-vehicle accident with multiple insurance companies and questions about who did what. It's likely to take months to settle and it won't be because anybody is doing wrong to you.

Get yourself another vehicle ASAP and get on with your life. Then wait and see how it plays out.
 
adjusterjack said:
I gave you a detailed response at legaljunkies.com.

Here it is again.



The best way is to wait until the insurance companies decide what to pay and to whom. Or you can sue whoever you think is at fault but the burden of proving who was negligent is on you. And that looks complicated even to me.



Sure. Won't do you any good though. Lawyer threats roll off adjusters like water off a duck's back.



That's right. Certainly not on a contingency. Would you like to pay him $300 per hour to seek the few thousand that your car might be worth? You'll have to cover your own attorney fees. You don't get them back.



No. The insurance company didn't cause the accident. If you name the insurance company in a lawsuit, it will be dismissed in a New York minute.



Sure. But guess what. He's insured. You'll end up right back dealing with his insurance company who will handle the lawsuit for him and defend him if there is any question about his negligence, partial or otherwise.



That raises another issue for you. It's called mitigation. The general rule is that an accident victim must make an effort to keep his damages to a reasonable minimum. More on that at:

Mitigation of Damages | Lawyers.com

If you fail to do so, you may find that you don't get paid for costs that could have been avoided.

You chose to self-insure your car. You should have the ability to replace it quickly in the event of a wreck. A driver who causes an accident isn't responsible for you losing wages because you don't have a car. He's responsible for you losing wages if you can't work due to an injury.

I'll put this another way. If you wrecked your car and nobody else was involved what would you do? You'd get another car as quickly as possible so you don't lose your job. That's what the doctrine of mitigation expects you to do.

I'm not blaming you for just buying liability insurance. That's a decision I've also made and it saves me a lot of money. But by the same token I have a fund set aside so I can get another car immediately.

That's what you need to do.



Common questions that everybody asks. Here are the answers.

Rental car - a few days maybe, while you get another.
Attorney fees - no. You pay for that yourselrf.
Your time - no.
Traumatized - no. You get paid for a bodily injury. You have aches and pains, go to the doctor, get treated, recover. You'll get your bills and something for pain and suffering. No medical treatment, no money.
Could have been killed - no, you don't get paid for what didn't happen.

Having been an accident victim more often than I'd care to remember, I'm sympathetic.

But the reality is that this was a multi-vehicle accident with multiple insurance companies and questions about who did what. It's likely to take months to settle and it won't be because anybody is doing wrong to you.

Get yourself another vehicle ASAP and get on with your life. Then wait and see how it plays out.
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Are you telling me I basically have no options? I am at the mercy of whatever the Insurance company decides? and if they decide to drag the process into infinity there is really nothing I can do about it??
 
stovie916 said:
Are you telling me I basically have no options? I am at the mercy of whatever the Insurance company decides? and if they decide to drag the process into infinity there is really nothing I can do about it??
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I was injured in a rear ender and it took 4 years to get my settlement. My case was cut and dried and it still took four years.
 
stovie916 said:
Are you telling me I basically have no options? I am at the mercy of whatever the Insurance company decides? and if they decide to drag the process into infinity there is really nothing I can do about it??
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You can sue the driver you think is responsible or sue them all. But that will cost you attorney's fees, and my not speed up the process, or it could.
 
That's less than two weeks. This kind of claim is likely to take many more weeks, maybe months to settle.

My advice, replace your car ASAP. Don't run up expenses that may be denied due to lack of mitigation.

If you and your passenger are still hurting, you both need to get treated for it.
 
adjusterjack said:
That's less than two weeks. This kind of claim is likely to take many more weeks, maybe months to settle.

My advice, replace your car ASAP. Don't run up expenses that may be denied due to lack of mitigation.

If you and your passenger are still hurting, you both need to get treated for it.
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What if I dont have enough money to go get my car fixed or replaced. how am I supposed to mitigate my expenses? at the end of the day I am not responsible and not everyone has money laying around to go buy a new car. Are they not liable to pay to get my car out or put me into a new vehicle once they accept responsibility? I can only do what I can do? again I am not at fault. are you an insurance adjuster?
 
stovie916 said:
What if I dont have enough money to go get my car fixed or replaced.
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What if you wrecked your car with nobody else involved?

What would you do about replacing it?

stovie916 said:
Are they not liable to pay to get my car out or put me into a new vehicle once they accept responsibility?
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You're entitled to the actual cash value of your car (if it's a total loss) plus a reasonable amount for loss of use. "Reasonable" is always subject to dispute. I can't say what you'll get one way or the other. I'm advising you to do what you can to minimize your damages as there may come a point where the adjuster says "no, we're not going to pay that much." Then what do you do?

stovie916 said:
are you an insurance adjuster?
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I am a retired adjuster. I spent 35 years in the insurance industry. I have been giving insurance advice online for 22 years.
 
adjusterjack said:
What if you wrecked your car with nobody else involved?

What would you do about replacing it?



You're entitled to the actual cash value of your car (if it's a total loss) plus a reasonable amount for loss of use. "Reasonable" is always subject to dispute. I can't say what you'll get one way or the other. I'm advising you to do what you can to minimize your damages as there may come a point where the adjuster says "no, we're not going to pay that much." Then what do you do?



I am a retired adjuster. I spent 35 years in the insurance industry. I have been giving insurance advice online for 22 years.
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What if you wrecked your car with nobody else involved?

What would you do about replacing it?

well obviously That would be my own fault and I would have no one to blame but my self. I would be in the same position tho I would not be able to afford a new car..... Does that mean the insurance company is not liable to take care of this? The reason I ask if you are an adjuster because that sounds like a really disconnected thing to say.... At the end of the day I am not the one at fault at it seems like the insurance that is responsible should be the one that needs to worry about mitigating damages... I dont see why it should fall on me to be liable because they dont want to get it out of the tow yard? I appreciate your advice and clearly your point of view is from the point of the insurance adjuster. I am glad I know where the head of the adjuster I am dealing with is at. Your job is to worm your way out of liability in any way you can think of.... probably because they get bonus for paying out as little as possible.
 
stovie916 said:
What if you wrecked your car with nobody else involved?

What would you do about replacing it?

well obviously That would be my own fault and I would have no one to blame but my self. I would be in the same position tho I would not be able to afford a new car..... Does that mean the insurance company is not liable to take care of this? The reason I ask if you are an adjuster because that sounds like a really disconnected thing to say.... At the end of the day I am not the one at fault at it seems like the insurance that is responsible should be the one that needs to worry about mitigating damages... I dont see why it should fall on me to be liable because they dont want to get it out of the tow yard? I appreciate your advice and clearly your point of view is from the point of the insurance adjuster. I am glad I know where the head of the adjuster I am dealing with is at. Your job is to worm your way out of liability in any way you can think of.... probably because they get bonus for paying out as little as possible.
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I want to hear the point of view of an actual attorney on this.
 
stovie916 said:
I want to hear the point of view of an actual attorney on this.
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Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience.
 
stovie916 said:
I want to hear the point of view of an actual attorney on this.
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Many attorneys offer a FREE initial consultation and assessment of your legal position(s).

Contact 2 or 3 attorneys in your county and visit them ASAP.
 
stovie916 said:
clearly your point of view is from the point of the insurance adjuster.
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Like many, you erroneously assume that I am pro insurance company and anti claimant. Nothing is further from the truth. Unfortunately, there are realities of negligence law that both sides have to contend with. Mitigation is one that falls upon the claimant, as unpleasant as that sometimes turns out.

stovie916 said:
I want to hear the point of view of an actual attorney on this.
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Well, the link I provided earlier about mitigation contained an article written by an attorney.

I have explained the risks that failing to mitigate may entail. It's up to you to decide how to handle it.
 
Zigner said:
Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience.
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understood.
 
no
adjusterjack said:
Like many, you erroneously assume that I am pro insurance company and anti claimant. Nothing is further from the truth. Unfortunately, there are realities of negligence law that both sides have to contend with. Mitigation is one that falls upon the claimant, as unpleasant as that sometimes turns out.



Well, the link I provided earlier about mitigation contained an article written by an attorney.

I have explained the risks that failing to mitigate may entail. It's up to you to decide how to handle it.
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doubt and I do appreciate your point of view and advice as I have no experience here. It just doesn't seem right to me but apparently that's the industry from what I am finding out. let me ask you this, If I had to swerve to intentionally miss the truck VS me sliding and losing control because of breaking from the truck, who did cross two lanes of traffic and as now blocking my lane. does this make a difference from a responsibility standpoint? At the end of the day the truck was in my lane. do I have a duty to avoid the truck? or am I just expected to hit him head on which is the deadliest time of car impact? I did hit the truck regardless he was in my lane. I suspect the car that rear ended me was in another lane as I just nearly missed the truck but still made contact with him. but I think the right side of my car may have crossed slightly into the lane to my right and a vehicle in that lane was the one who hit me. Does this in some distorted insurance world mean I have some fault? like I stated the truck lost control from two lanes to the right and come over into my lane crashing into the median ahead of me blocking the entire lane. The Alternative to me barely hitting him was crashing into the truck in my lane head on. Is the truck not at absolute fault? what is your viewpoint on this? I already know the adjuster of the F350 is thinking the car that rear ended me was following me too close so they are liable for damages. in reality I believe that car may have been in the lane to my right. I cannot confirm this yet though until I see the police report. If this is the case I believe the adjuster will try to place blame on me for losing control and sliding to the right rear of the truck hitting him and causing me to be rear ended by a vehicle in the next lane over. what is your take on this? Its pretty apparent that the job of the adjuster is to find any excuse he can to avoid claiming responsibility..
 
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