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Last post made 16 years ago by genenco
Imagin.ation
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  • Imagin.ation
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  • My daughter wrecked her car, not by her fault
    someone made a left hand turn in front of her in which she had
    just a few seconds to slam breaks which even that being
    to late for anything. This accident totalled out her car, unfixable.
    Investigation was done and found Yes it was their fault and their insurance
    would cover everything.
    They had a 2010 toyota with full coverage.
    Now this is the thing, the insurance covered everything, rental car
    until it was decided the car was totalled, and thier insurance covered
    the rest of the cost of her car.
    But now she is left with NO car for they do not replace it
    all that happened is her car got paid for.
    She has to come up with a down payment for a new car on her own
    and she is not garrenteed to have the same size or amount payments as
    her car she had.
    She is left without a car, and herself to fend to get another one..
    The accident was not her fault and if it didn't happen she'd still have her car
    Is this right and how it works?
    I'm having a hard time swallowing that, you just lose it all by someone elses
    careless driving
    I'm trying to find out if anyone else had this happen and if this is just how it goes
    Or if there is a way that she should of gotten another car
    Anyone with any advice on how to handle this or who to speak with that can help.
    If so.. watch out or make sure the coverage you have does replace your car

  • Hi Imagin,

    Did your daughter OWN her car outright?

    Im not sure about US insurance laws, but here in the UK you should receive the value of the cost of replacing the car in cash.  To enable the insurance company to do this, they check around the local area for cars of the same age and mileage and thats how they reach their decision.

    If your car is not wholly paid for, they have some sort of extra insurance that you can buy that covers the outstanding payments on your car.  In this scenaria, you don't really have anything if your car is written off but then on the other hand, you don't owe the finance company any money either.

    blue

  • Exactly.. her car was paid off by the insurance she isn't liable
    for any other payments on the car..
    Yes they told her she would have to find the exact car, exact mileage..
    Isn't that crazy?
    and no the money went stright to the finance co. for the car, nothing
    goes right into her hands.. she had gieco and they had allstate insurance
    BUT now she is without a car, and has to come up with the money
    for another down payment to get another one..
    I'm wondering why if it was not her fault, they even took off from the
    scene of the accident and people had to go bring them back.
    It's just crazy that she has NO car all because of these people.
    With all the insurance money we pay.. isn't there something else
    that should be done or is there something?
    Why does she not get a replacement car?
    I think something isn't right with this
    If that is the case... it is just terrible to have happen

  • Sounds as though its the same as over here then.

    Why didn't the insurance company get the deposit for her from the "opponent" - surely they should have included that in the claim?

    blue

  • I'll have her ask.. i don't know if she did that or not
    Maybe they do have something like that..
    I know she went through hell with it all, and only got more
    and more bad news. See if the car would NOT have been totalled
    she'd still have a fixed car.. i don't get it.. since its totalled she gets nothing.
    She did say the only money there is, is for the car.
    Allstate gave her a certain amount, and then gieco paid the gap

  • I'd suggest she talk with a lawyer...Sounds terrible..Maybe she could try and sue for injuries later found?

    BUt I know YOU are damned glad she's alive.

    That is what matters smiley

  • Yes Genenco, we were lucky about that part..
    She hurt her neck and back, her wrist, and got severe seatbelt burns
    she said that when she hit she was knocked out for a few, when she
    woke out of it she was heading for a tree
    Not real serious, the injuries are healing..
    When she hit the car, everything locked on her, the brakes, gas pedal
    steering, everything so as the other car took off,
    her car slammed into a tree but was still reving, also even the keys were stuck, couldn't turn the key to turn car off, firemen had to
    turn it off

  • It sounds like a bit of a nightmare all round Imagin.

    As genenco says, at least your daughter is ok.  At the end of the day, its just a lump of metal and I know its a pain in the "derriere" but your daughter is ok and thats what matters.

    blue


  • Yes Genenco, we were lucky about that part..
    She hurt her neck and back, her wrist, and got severe seatbelt burns
    she said that when she hit she was knocked out for a few, when she
    woke out of it she was heading for a tree
    Not real serious, the injuries are healing..
    When she hit the car, everything locked on her, the brakes, gas pedal
    steering, everything so as the other car took off,
    her car slammed into a tree but was still reving, also even the keys were stuck, couldn't turn the key to turn car off, firemen had to
    turn it off



    I now STRONGLY urge the lawer. Injuries, pain and suffering are a collectible if the other party was at fault and thus she CAN collect..Please see a lawyer!!

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