Tundra 2019 Limited CrewMax - Rear Left Bed and Axle Damage

Thank you all for your input and suggestions. This was the first time I had to encounter such an accident and level of damage, so anything and everything you all share about your experiences is a huge favor.
As for the van, it was driven by a guy in his early 20s, and it belonged to a local chain of breweries/restaurants company. The driver himself admitted at the accident scene that his 16-17 beer barrels were not tied or secured, which caused them to roll sideways and he lost control. My wife recounts that she saw the van tilting as if it was about to flip on the side and the driver was struggling to control the wheel.
Since she was whisked to the ER minutes after the accident, as medics were afraid her leg and knee were broken, we were unable to learn who the van's insurance was. We had to wait until the accident report was released, almost 10 days later, before we knew who to talk to. In the meantime, we did our duty in reporting the accident to our insurance immediately. We had new car replacement coverage with them on the truck. Our insurance moved the truck to a local repair shop, but the people at the shop had too many vehicles to deal with so our insurance decided to move it to another branch of the shop 30 minute drive. Our insurance guy sounded like they might not go with totaling the vehicle due to its high value (Price tag was approx. $55k when we purchased it, and was paid off). He hinted it would be better if we dealt with the van's insurance since we would have more leverage with them, so we opted to have the claim with the van's insurance.
The tech at the shop issued his estimate report the other day and sent it out to the van's insurance company, and his assessment was around $35.5k in total, with original OME parts.
We spoke to the van's insurance guy and he said they will take a few days to get an independent appraiser company to send someone and look at shop's results.
Dealing with insurance companies is a true nightmare for sure. I believe both companies are trying their best to cheat us one way or another. I am adamant about not accepting anything that is not fair, and I will take them to court if I have to.

 

That sucks. As if the accident isn't enough of a disruption, it's followed by all this asshattery from the insurance companies.
Personally, I think your insurance agent lied to you. You have way more leverage with them. You can always take your business elsewhere, and use this experience as word of mouth to dissuade others from using them. It's not just the cost of your vehicle that they could be eating, but lots of potential customers.
If you can, I would visit the shop that gave the estimate. I really struggle to believe that your frame wasn't mangled. I also wouldn't use the insurance companies preferred shop. Who knows what agreements they have made with insurance providers to get the extra business. I'm just a bitter old cynic though.

 

Trust me, you’re better off dealing with your insurance. They have a legal duty to treat you fairly since they are your insurance company. The same obligation of good faith and fair dealing does not apply to the other party’s insurance company because you are not their customer.

 

I am sorry this happened and agree, you should deal with your insurance as that is who you pay.
I'd call the corporate office of your company and tell them to cut you a check for a new truck or have this mess all over the local news waves.

See if Jalopnik wants to give you a thread.

 

So a driver for this brewery had an unsecured load, maybe speeding, and caused an accident where your wife was taken to the hospital. They don’t want any negative financial situations or bad publicity.

Their insurance is going to start low to see if you are a sucker and take the first offer. But I bet if you start mentioning things like lawyer, medical expenses, lawsuit, they’ll start to listen.

Just don’t sign anything until you are happy cause anything they send you will waive your right for any future claims. If you push hard enough I think they’ll realize a new truck is worth it to “make you go away” (and not sue them).

 

Update:
Collision center tech gave his estimate of the damages to the Truck to be just over $35.5k.
The van's insurance company opted to send an "independent" appraiser for a second opinion.
Currently we are waiting for their appraisal...

 

I would demand my insurance company total the truck and buy me a new one. It's just too much damage to too new a vehicle.

 

Great advice here. When I was younger me and the wife were rear ended by a driver running a red light. I dealt with their insurance myself and it was the biggest pita ever. That's what your insurance is for, let them deal with the mess. After getting the run around forever from their insurance company about everything under the sun, I was on the phone with their rep arguing about the rental. He was accusing us of taking the rental for "joy riding." One of the strangest conversations I've ever had. When I told him his shitty rental smelled like cigarettes and made my pregnant wife nauseous his attitude turned around 180 degrees in an instant. I didn't even realize what had happened until later. "Pregnant" + car accident. They wrote me a check way bigger than I needed and got it done quick. Some creative wording might get things done quicker for you

 

Here in Vermont we have a State insurance Commissioner that looks out for people that are getting jacked around by insurance companies. Do you have a similar resource where you live?

 

I’ll add my $0.02... I’ve learned the hard way good legal advice is worth every cent. I would consult a lawyer about the potential negligence of the other driver. That way if the insurance gets messy you’ve got another option and someone in your corner.

 

This

Invest in a lawyer.

 

What about your insurance rates going up due to the claim as well?

 

OP's Insurance rates will not move. He (his wife) was not the cause of the wreck.

However the legal stuff might be needed from the brewery company because I'm sure there is some sort of policy for strapping down their barrels during transport. I would not try to fix that truck either way they deem it at insurance. I would fight for a new truck because you will never get that one back right, you're also looking months for repair even if a shop tried. you could always buy it back cheap and part it out after you make them buy you a new one!

 

Get your insurance company involved don't rely on the other persons insurance even if it wasn't your fault. Your CO will battle it out with the other drivers insurance and get the claim handled. Your company COULD be paying for the ER trip and your rental car., PM me if you have any questions I deal with insurance and claims daily.

 

This!!! and Fiesta346s advice also!!! IMO You pay insurance company to represent you with this type of crap..especially if you had replacement value...let them deal with the stress...it will be way quicker also...seen this way too often...good luck!! Oh, did your wife get checked out by a doctor? seriously...

 

1. Lawyer
2. Call the insurance commissioner office at your state capital and get some extra help
3. Call your insurance and the other guys insurance and let them know the above 2 points

It’s what i did and had great success

 

Good day folks,
First of all, I would like to say thanks for all your advice and input. Hearing your thoughts and past experiences was surely valuable and helped me keep up with the twists and turns I was roller-coasting through in dealing with the insurance companies.
The insurance of the party at fault deemed the Tundra totaled and the compensation was fair and adequate enough. They did provide a rental vehicle until the last day of the settlement.
All that we have left is the medical bills and they told us to direct those all to them.
God bless you'll!

 

That's good news! Glad that it worked out as well as it did and that everybody is ok.

 

If you have new car replacement, I agree will all previous posts. The truck will never be the same if they wanted to fix it. If you payed cash for a $55k truck I am assuming you can pay your deductible. I’d file a claim with your insurance, pay the deductible, get another brand new truck, and then let your insurance company fight it out with the other company.

Edit:
Just saw your response on outcome. Glad it worked out!

 

10 minutes late. 2 posts prior to this the OP gave us a heads up on the resolution.

 

Yup, notice right after. Whooops!

 

Been there myself. That's why I laughed.