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OT - Auto Accident - Keeping Check vs Getting Repairs?

epoxy

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Totally OT but I figured I'd ask you brothers since it's a thing I'm sure many have been involved in.

I was hit by another driver on Friday, not hurt by any means but rear ended and some damage done to my car. I owe about 10K on it and I was wondering - I could likely take the check from the damage if it's enough + the value of my car in it's current state and just pay it off and get rid of it. I'm pissed because I was about to go sell it anyway, now this fucker has gone and destroyed the resell value of my car. Once it's fixed now it's listed as having been in an accident. Problem is, the guys insurance company made me take pictures and a video and send them in - they said basically they are going to make me an an initial offer and send a check, then I'd have to take it to a body shop. If the shop says there is more damage than what the check is worth, they will cut the rest of the check to the shop. I don't want any of the check going to the shop - I'd prefer to get it all so I can get rid of the damn car. Is my only option to take the initial settlement check? It's not my insurance, I don't have a policy or contract with this guys insurance company so why should I have to send the rest of the money to the body shop? Just want to get rid of the car - I've never had a situation where the car was the same after being repaired in the past. I just don't like dealing with it. Any help would be appreciated.
 

Dens228

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What insurance company does it that way??
I've never even heard of that before. Make sure you read the fine print to make sure cashing the check doesn't relieve them of any further liability.
 

buck

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All insurance companies have to follow the rules your state has set up. And can not force you to follow theirs, unless you choose to. In my state you could get an estimate from a couple shops and dispute their offer if it is to low. But if you have to get a lawyer to settle it it wont be worth the trouble. What that insurance company is saying is pretty standard practice. They can't pay you for damages that aren't verified. So their check is an estimate to cover the cost and if more damage is found during the repair they will cover it as per state law. And they are hoping you will take the check and it will be settled. Unless the damage is major I would just have it fixed. And depending who you want to sell it to it may not effect the sale price much at all.
 
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MAD_SCIENTIST

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You have friends in the body shop business? You may know where I'm going with this.
Take care.
MS
 

Ashop

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Totally OT but I figured I'd ask you brothers since it's a thing I'm sure many have been involved in.

I was hit by another driver on Friday, not hurt by any means but rear ended and some damage done to my car. I owe about 10K on it and I was wondering - I could likely take the check from the damage if it's enough + the value of my car in it's current state and just pay it off and get rid of it. I'm pissed because I was about to go sell it anyway, now this fucker has gone and destroyed the resell value of my car. Once it's fixed now it's listed as having been in an accident. Problem is, the guys insurance company made me take pictures and a video and send them in - they said basically they are going to make me an an initial offer and send a check, then I'd have to take it to a body shop. If the shop says there is more damage than what the check is worth, they will cut the rest of the check to the shop. I don't want any of the check going to the shop - I'd prefer to get it all so I can get rid of the damn car. Is my only option to take the initial settlement check? It's not my insurance, I don't have a policy or contract with this guys insurance company so why should I have to send the rest of the money to the body shop? Just want to get rid of the car - I've never had a situation where the car was the same after being repaired in the past. I just don't like dealing with it. Any help would be appreciated.
Sell the car as is. Take the money from the sell of the car and your insurance check and apply it to your new vehicle.
 

Syndicate

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The only way the insurance company is going to cut you a check, is you outright own the car.

If you have a loan, you're going to have to go through the body shop.
 

maldorf

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The only way the insurance company is going to cut you a check, is you outright own the car.

If you have a loan, you're going to have to go through the body shop.
Yeah, whoever has the lien on the car is the real owner.

I did wreck a Z28 a long time ago and it was only about 3 months after I bought it. The car was a total loss. It was used when I bought it and apparently I paid a fair price because the amount they gave me for the car was enough to pay off the loan and I basically got back what I had put down on the car.

The insurance company paid the bank loan off though as far as I know. I don't remember doing anything. The insurance company paid me a check for the difference between what the car was appraised at when I totaled it and what the loan was for.

Id say you are stuck getting it fixed.
 
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Adr805

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If you have gap insurance, and the car is totaled most likely insurance will take the car and pay it off. If its worth 8k and you owe 10k, gap will cover the 2k difference. The insurance may give you the choice to but it back with a salvaged title, then you could fix it or sell it as is and possibly get more than the buy back price. A car is considered total when the cost if repairs equates 60% or more of the value of the car. At least in my state
 

epoxy

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Weird. I read a lot of conflicting things online. Although a lot of people are saying if you have a loan on your car the check goes to the lienholder, I've also read the opposite:

Things are a bit different if you were involved in a crash where the other driver is at fault, and their liability coverage is the one paying the claim. This is called a "third party" claim: You are the third party and the at-fault driver and their insurance company are the first and second party, respectively. The other driver's insurer would not know if your car is financed or not and doesn't have a contractual obligation to your financing company. As a result, the settlement check will typically be made out directly to you.

I guess I'll find out once they cut me the initial check. I'm only pissed because I was a mere 2 months away from selling the car for a profit to go towards a new vehicle - now once repaired, the value will likely decrease significantly based on the damage.
 

tren_plz

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My car was total'd with GAP insurance - the check came directly to me. We had a family Lawyer taking care of things. I dont know if that made a difference or not.

If it wasn't for a family friend and working loop holes, i would've no shit lost money on some needle dick 16 year old totaling my car.

They may have a "deal/contract" with an auto shop that that they guarantee their work/maintenance. If so, you may be SOL.
 

FrancisK

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She's not a virgin anymore and will be a bitch to get rid of in the future, even if you keep it there will always be little gremlins that pop up with it, trust me it's unavoidable no matter how well they fix it and that's if the shop doesn't screw you which they always do. Do whatever you can to get rid of it, I don't know the make and model but if it's a common vehicle take the 10k and your car, search junk yards, pick up the parts, slap the used body parts on it and sell it as is. You should actually come out well ahead if you do it right....

Don't listen to shit the body shop says they just want that check. Happened to me when I was 17, 18k in damage to my lexus truck and didn't fix shit right they probably still giggle about it to this day and it was the dealer shop that did the work. No shop wants to say your car is totaled because then they won't make shit off of it.

I know your question isn't necessarily about that but each state and insurance is different as to what they allow in regards to actually giving you the cash so I don't think anyone would be able to specifically help you with that end.

Here in my state they used to give you the option and they don't do that anymore, probably because of too many people doing exactly what I just told you to do and fucked up cars getting put back on the road. Like someone said previously a friend with a body shop would be key here.
 

FrancisK

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Weird. I read a lot of conflicting things online. Although a lot of people are saying if you have a loan on your car the check goes to the lienholder, I've also read the opposite:

Things are a bit different if you were involved in a crash where the other driver is at fault, and their liability coverage is the one paying the claim. This is called a "third party" claim: You are the third party and the at-fault driver and their insurance company are the first and second party, respectively. The other driver's insurer would not know if your car is financed or not and doesn't have a contractual obligation to your financing company. As a result, the settlement check will typically be made out directly to you.

I guess I'll find out once they cut me the initial check. I'm only pissed because I was a mere 2 months away from selling the car for a profit to go towards a new vehicle - now once repaired, the value will likely decrease significantly based on the damage.


Epoxy, if you can take the cash just buy the parts from a salvage yard and have a place slap them on there cheap then get rid of it. Trust me you'll come out way ahead even more so than if this didn't happen....
 

someday

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Next time I will have an attorney handle since they want to cover the cost of the repairs only when I was not at fault. Learned the hard way when I went to go trade in a pristine 2016 SRT Charger and there was a $3k deduct on the value of the car due to being in an accident...something that should of come out of the pockets of the person who was found liable for the accident. Live and learn.
 

buck

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Next time I will have an attorney handle since they want to cover the cost of the repairs only when I was not at fault. Learned the hard way when I went to go trade in a pristine 2016 SRT Charger and there was a $3k deduct on the value of the car due to being in an accident...something that should of come out of the pockets of the person who was found liable for the accident. Live and learn.
While we would like the depreciated value to come out of the other persons pocket all they are responsible for is to repair it back to spec. Hiring a lawyer and spending months if not years on the case would cost you way more then $3000.
 

FrancisK

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While we would like the depreciated value to come out of the other persons pocket all they are responsible for is to repair it back to spec. Hiring a lawyer and spending months if not years on the case would cost you way more then $3000.
Not only that but you’re lucky it was only 3k on a dime a dozen car like a charger, a dealership wants nothing to do with that car unless they are killing you on it or the subsequent sale.
 

someday

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Not only that but you’re lucky it was only 3k on a dime a dozen car like a charger, .
lol. not to get this off track, but they only made 163 of these Scat Packs in Plum Crazy, not exactly dime a dozen. And before anyone gives me shit, it is my wife's car.:D Purples not my color.
 

Js118

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While we would like the depreciated value to come out of the other persons pocket all they are responsible for is to repair it back to spec. Hiring a lawyer and spending months if not years on the case would cost you way more then $3000.
Diminished value/ diminution in value claims are real, more often than not they do not require a lawyer, just a vehicle appraiser. Each states rules are different, but if you have half a brain and are somewhat handy with google you can usually get something out of the at fault parties adjuster. They know that you are entitled to it and if you file a lawsuit they are losing at least 2-3 grand just to fight it.
 

FrancisK

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lol. not to get this off track, but they only made 163 of these Scat Packs in Plum Crazy, not exactly dime a dozen. And before anyone gives me shit, it is my wife's car.:D Purples not my color.
Cool color I would sport it but a dealership doesn't care about that, nobody cares about a 2016 super mass produced car because of it's color. It's not like someone couldn't order one up when they were available, there is a difference between a rare car and just a car with a color nobody else chose making it rare. They have their pick of a thousand different used chargers at the dealer auction in every configuration imaginable priced way below book they can put on their credit line and nobody is putting a premium on an accident car, the color on a 2006 means nothing today, 20 years from now maybe but not today and even that would be for a specialty dealer.

Think about it, if I take that car which has been in an accident vs the same car that hasn't do you think someone would ever pick the accident car over the other one because of the color? Nobody in their right mind would do that.

I'm not putting your car down I'm actually saying you did well to only have 3k knocked off of it, trust me I have a share in a dealer lot we wouldn't want your car held in our inventory we would only take it if we knew we were making a sale or killing you on it. You can't throw a rock at the dealer auction without hitting a charger, they were leasing SRT's for $300 a month and 0 down to anyone with a bank account....what do you think happened to all those cars today? Hellcats were being leased here in Michigan for $380, I almost picked one up myself, Chrysler is ridiculous in the way they devalue their own product....but that's a whole other topic and so is this one sorry to derail the thread!
 

Rex Feral

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Weird. I read a lot of conflicting things online. Although a lot of people are saying if you have a loan on your car the check goes to the lienholder, I've also read the opposite:

Things are a bit different if you were involved in a crash where the other driver is at fault, and their liability coverage is the one paying the claim. This is called a "third party" claim: You are the third party and the at-fault driver and their insurance company are the first and second party, respectively. The other driver's insurer would not know if your car is financed or not and doesn't have a contractual obligation to your financing company. As a result, the settlement check will typically be made out directly to you.

I guess I'll find out once they cut me the initial check. I'm only pissed because I was a mere 2 months away from selling the car for a profit to go towards a new vehicle - now once repaired, the value will likely decrease significantly based on the damage.
One in three people who are exposed to whiplash trauma are at risk of developing delayed TMJ symptoms. Whiplash trauma can occur from a rear end collision as slow as 9 MPH. I can tell you I was a complete idiot once in an accident in college like this guy above who says don't get an attorney. I will never deal with an insurance company again without an attorney. Insurance companies love and depend on people like you who'll allow themselves to be fucked over. Your situation, even if the person had the lowest insurance of 10-30-25, I'd have my car repaired and I'd max the 30K for personal injury and would just have to go to a few doctor's visits. You don't even know what insurance coverage this person has. I've been awarded 160k across 3 accidents, in addition to a larger amount for damages for my vehicle than I would be able to negotiate on my own. These are contingency cases that don't cost you anything. My last accident was my wife not at fault, a small scar on the shin you can barely see now 3 years later. The driver had the lowest insurance, we maxed that at 30k then my attorney went after my uninsured motorists and maxed it at 100k. I carry 100-300-100 with 100k in uninsured motorist. Previously awarded 30k for TMJ symptoms. No definitive diagnosis for TMJ. Very easy to feign and who's to say you don't have some headaches and popping in the jaw. You can either fuck them or let them fuck you. I learned my lesson the hard way with my first car when I was just getting on my feet. Since then I much prefer to be the one doing the fucking and am over 100k richer for it.

Rex.
 

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