NEED ADVICE: Tundra Hit by Distracted Driver

As the subject says, need advice for dealing with insurance companies. I was hit my a distracted driver, he essentially drifted into my lane (two lane road). I avoided a head on collision by moving to my shoulder, but he still hit my drivers rear side.

Right now damaged are estimated at $36,000. I paid $67,000 for my 2022 1794.

I don’t want the vehicle. It was less than three months old at the time of the accident. The estimated time to fix the vehicle is 4-6 months.

Any thoughts on how deal with the insurance companies to get compensated for the market cost of a new Tundra?

Here are a few questions I have for the insurance companies.

• How do I sell the vehicle to the insurance company and receive market value?
  • The vehicle was 3 months old.
  • Resell will be diminished
  • Difference between true original mechanical issues or issues due to accident, who pays? How will I know?
• Compensation
  • Rental car
  • Auto payment
  • Tag fee
  • Insurance
  • Hardship (e.g., one vehicle, medical)

Thanks in advance for your advice.

 

Legal advice is the best when dealing with this situation. I hope you’re alright!

 

Ugh sorry to hear/see that.

 

Those fuel door covers are weak! That thing popped right off!!!
Seriously though, it's totalled. Do you have any "new car replacement" coverage with your policy? I do, and will replace the vehicle with a new one if this happens within the first year.

 

For that much, worth an hour or two of lawyer time...good luck. Hate it for you...why does it seem the newer your vehicle to you, the more likely someone is to mess it up?

 

@BadTrainDriver, As long as the repair cost does not exceed vehicle cost, it's not totaled. Still a very sad image. Vigilance on the road is paramount to prevent such accidents from happening.

 

If any airbags went off or if there's a frame damage it should be totaled. Really depends on your insurance provider. I would definitely push them for a total loss

 

Little bit of google help.

 

As long as the repair cost doesn't exceed 80% of the fair market value they usually fix it. The reason it is 80% is in case the adjuster or estimator missed something and they usually do.

 

I'm sorry to hear about this. Hopefully everyone is ok. I would consider seeking advice from an attorney.

 

First and foremost great job taking an evasive maneuver to avoid the head on; that may have saved your life (and any occupants you may or may not have had) and occupants of the other vehicle.

Regarding insurance... When an insurance company agrees to write policies in a particular state, it is agreeing to adhere to the statutes governed by the particular state the policy is originated in. Therefore the answer to your questions lie in stipulations of your policy and the laws governing your specific state (jurisdiction). A crap ton of random advice, from folks that may or may not even been in your area, can sometimes give you a false sense of direction or entitlement to privileges.

It's already been said, but seeking counsel from an attorney, within your jurisdiction, that is familiar with and has experience in dealing w/insurance companies that are not operating in "good faith" is your best bet. You don't want an "ambulance chaser", so you'll need to find someone via word of mouth, not the dude w/the biggest billboards along the side of the road. Generally speaking, most attorneys know who they would go to if they were personally in a similar circumstance. So, if you have or have ever dealt w/a reputable attorney that practices any type of law, I'd start by asking them for a referral/recommendation of whom they'd use; then close friends, co-workers, etc...

With that being said, unless you are already getting jerked around, we may be putting the cart before the horse. Most of the large insurance companies know not to mess around with handling claims in bad faith, and therefore do there best to operate in a reasonable manner. Yeah, you've gotta keep a lazy eye on the process, but hopefully you find that your insurance company is doing right by you from the beginning without being "strong armed". If they seem to be taking good care of you and what they are doing seems to be reasonable, then let them work the details (while you are lining up an attorney consult just in case you need it).

Once you know what the insurance company is going to do for you, if you feel you're being played or not being treated fairly, take the insurance company's offering to an attorney and spend the money on a quality consultation (most consults that are free are worthless). If on the other hand the insurance company goes above and beyond just on, then at least you were prepared and can move forward knowing you do have a back up plan if the need arises.

 

Legal counsel will be your best bet. If you are stuck with the truck you don't want, you should at least see if your state allows any kind of diminished value claims. This lets you reclaim some of the lost resale value from the accident.

 

Damn that's heartbreaking. I don't think there's anything you can do unless the insurance company totals it.

 

Would his insurance be part of this?

 

It’s fairly simple - other drivers insurance should total it out.

Depending on state - there may be “triggering” events that force the issue - ie. frame full replacement or reaching 75% of value.

Bottom line is you would be reasonably entitled to:

- full cost of repair
- loss of use/rental if being repaired
- Diminishment of value (can be tough to calculate/prove - but on a new vehicle with damage of 50% - an easier argument to make)

Those 3 right there probably push the “total payout” to 50k range - then factor in the insurance is getting saleable salvage - that salvage for a new truck is likely 10k+ for the drivetrain (obviously no real useable panels - but a good trans/engine). It basically is cheaper for them to total.

As to tax/tag/title - they typically owe sales tax on the total loss value (may be on reimbursement basis for lesser of loss value or the cost of the vehicle you replace it with - again state dependent) and cost of a title (what state charges - not dealer doc fee as well as cost to transfer tags to a different vehicle.

Bottom line anyone in this thread saying they won’t total it has no idea what an insurance company factors in.

I would also ask your own insurance what they would pay - you lose a few things (the diminished value argument goes out the window unless your in GA, the rental doesn’t factor in) - but you may do better with your own and allowing them to collect back from the other drivers insurance.

Also - depending on your insurance - you may pay for additional coverage such as “new car replacement” or guaranteed value (assuming your car is in a loss that causes damage above 50% of that value.

Sometimes things like this get overlooked - for example - even though used car prices are high - if I total my 2021 - insurance will pay as if it is a 2022 (or soon 2023). Considering the price hike in a Pro - I’d still likely be better off taking MSRP on a 22 Pro vs arguing value of my used 21.

 

As to the “ask an attorney” crowd

Keep it simpler - ask your insurance agent.

Facts are simple - most attorneys who don’t work for an insurance company keep up with insurance law on claims handling.

They will be right in top of injury law - but that’s a whole different ballgame. We are talking physical damage to a truck here. Few attorneys handle damage claims.

 

Insurance companies have their own governing bodies when it comes to these things.. the best thing you and do is immediately talk to a lawyer before discussing with insurance company.

 

This is the best response in the entire thread. It sounds like you have worked for an insurance company before lol

 

I noticed that as well with the fuel cap.

I don’t have “new vehicle replacement” on my policy. Hindsight is 20/20, but reality is this accident was not my fault and my actions prohibited significant bodily harm. In hoping to have his insurance company pay for the new truck, but we will see.

 

Ummm. Not true at all. If it reaches a certain dollar amount it will total here in alabama is 75% of retail value.

 

great points. This feedback is what I was looking for. Just trying to play some things out and see how others view this situation.

 

Sorry that happened, I hope you are ok & that the end result is acceptable to you.

 

Great point on the “ambulance chaser” attorney. This is my biggest concern, because all web searches I have conducted on attorneys resulted in injury law.

In full transparency, I still do not have the police report or the other persons insurance information. I’ve only spoken to my insurance company. Hopefully I will have the police report in the next day or two.

One thing for sure is, I will not agree to anything until I have had time to think about the offer and consulted with somebody smarter than me.

 

When I totaled my 2013 it was about 50% repair to value but they had concerns the frame was damaged so it was totaled. My damage aesthetically was way less than yours. Good luck either way it shakes out but I’d be surprised if it wasn’t totaled.

 

Know that insurance offers are offers & are negotiable.

If you need to push the damages a little higher you can argue some points. Clearly the axle took a hard hit. It's reasonable between the axle & the bed that your frame may be bent - reasonable to ask for the frame to be checked. If it's tweaked, you could argue for a new frame rather than having it straightened. You might or might not win that. If the frame was bent, you request the motor & trans & bed mounts all be checked - removed & examined. Your truck was new & those parts are designed for up/down stresses - this was a rapid violent sideways torque event.
The point being you can be a PIA to encourage them to total the truck. I had a friend insist the insurance repaint the entire car - everyone knows repainted panels show down the road. You shouldn't have your cab & bed fade differently (although it's so new this isn't likely an honest concern for you).

I actually had the opposite problem; I had the insurance totaling a car on me I didn't want totaled. I told the adjuster I didn't want it totaled & to please redo the math with used parts. Saved the car for me.

BE THERE when the adjuster comes. Everything is negotiable. Be nice, don't crowd, let them have their space to play with the numbers, but be there. If you've done any modifications - have receipts. Be ready to strip your truck clean of everything then & there.

 

Of course! However, the OP's insurance is ultimately responsible to make sure that their insured (OP) is being taken care of properly, and if not they should be the one's going to bat for him to make this happen; if they don't/aren't doing what he's paying them to do (which is represent him and ensure his well-being), then he should probably move toward legal counsel.

MY personal opinion is that if I'm paying an insurance company, I really have no reason to talk to someone else's... Especially w/that much damage and those circumstances...

 

Thanks for the advice.

The adjuster had already evaluated the vehicle; I wasn't there. However, I might pay him a visit early next week and have him go over everything with me. Interestingly, they are having an issue getting the vehicle on the lift to measure the frame.

The only "mod" I had on the vehicle was the tonneau cover, which will need to be replaced. I don't think you can see from the pictures, but the bed is warped, and the cover is picked up on the rear driver's side.

 

Solid advice!

 

In a perfect world, yes.