Huge light post fell on wife's car...what to do?! | FerrariChat

Huge light post fell on wife's car...what to do?!

Discussion in 'Other Off Topic Forum' started by bpu699, Mar 18, 2008.

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  1. bpu699

    bpu699 F1 World Champ
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    Dec 9, 2003
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    bo
    My wife was driving along the street, when suddenly several of her windows of her Honda Oddessey shattered. Luckily, she was the only one in the car, kids all in school. It took her a couple of moments to figure out what happened. As she exited the car, there was a huge City lightpost sitting on her van!!!

    Apparantly some guy in a huge Budweiser delivery truck was backing up in a gas station, and knocked the entire post over, which landed on my wifes car...!!! The post indented the roof where my son usually sits, and all of my kids would have been showered with glass - thank god they were at school. Sometimes, I think I am the luckiest guy alive. If my kids were in the car, I would probably be in the emergency room praying right now...

    The police clearly stated it wasn't her fault, She called our insurance agent, and they will be happy to process it...couple of questions.

    1) If it goes through our insurance, and it was clearly not her fault, do rates go up?! I am really not very excited about chasing down someone else insurance carrier...

    2) We do not have coverage for a rental car...but obviously we need one. I assume the other guys insurance will pay for this, right?!

    3) Any point in pursuing diminished value here? Its a 3 year old minivan, 35,000 miles. It will need some body work to the roof line, +/- a door and several windows???

    Any other advice??

    Any help appreciated. Thank god everyone is ok. If that pole fell a fraction of a second earlier, it probably would have hurt or killed my wife...
     
  2. speedy_sam

    speedy_sam F1 Veteran

    Jul 13, 2004
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    PM FarmerDave. He is in the insurance business and can give you good advice.
     
  3. jhsalah

    jhsalah Formula 3
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    Apr 10, 2006
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    I'm no help with the insurance advice, but I'm glad your wife wasn't hurt and your kids weren't in the car. Good luck with the whole thing...
     
  4. Tarek K.

    Tarek K. F1 World Champ
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    Glad your wife wasn't hurt, must have been a shock.........good luck with your insurance claim, shouldn't be a problem.
     
  5. Schatten

    Schatten F1 World Champ
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    Apr 3, 2001
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    I'm not an expert, but diminished value on a 3 year old car isn't going to happen. If it were <6 months, maybe you stand a fighting chance.

    It really depends on how indented the car is. If the structure is damaged, it might be a total. Is it a unibody? or Full frame?
     
  6. Miltonian

    Miltonian F1 Veteran

    Dec 11, 2002
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    Hopefully the Budweiser truck didn't leave the scene - you didn't say - this should be covered 100%+ by their insurance.

    Glad to hear that your wife is OK.
     
  7. bpu699

    bpu699 F1 World Champ
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    Thanks guys. Its a unibody. The cops got the other drivers info, and apparantly he was very nice from what I could gather. Accidents happen, and I am glad everyone is ok...

    Its odd to think that your life could end at any moment... You always read about the family killed by a semi, or the road debris that kills a driver. And god knows I see enough death at my day job....

    Life is brief, enjoy it. No promises, no money back, do not pass go... :)
     
  8. robbie

    robbie F1 Rookie

    Aug 26, 2005
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    I might be inclined to speak to the Bud distributor and ask them if they want to keep this off of their insurance by settling with you directly. Before that, determine what you want dollarwise. Be generous with yourself. Negotiate something you are happy with. Don't absolutely state that your wife is OK. Don't lie about her condition but imply that she might want to visit a doctor. If you are dealing with their insurance company you will be lowballed at every turn so you need to play that same game ... use every advantage you have.
     
  9. Stackhouse

    Stackhouse F1 Rookie
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    Feb 14, 2004
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    Budweiser Budweiser Budweiser Budweiser Budweiser Budweiser Budweiser Budweiser Budweiser Budweiser Budweiser Budweiser Budweiser Budweiser

    SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE

    WHERE IS ART?? WHERE IS ART?? WHERE IS ART?? WHERE IS ART?? WHERE IS ART?? WHERE IS ART?? WHERE IS ART?? WHERE IS ART?? WHERE IS ART??
     
  10. SRT Mike

    SRT Mike Two Time F1 World Champ

    Oct 31, 2003
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    Glad your better half is OK!!! Cars can be fixed...
    On your questions, I am not an insurance agent, but...

    1) Rates wont go up for a no-fault accident

    2) They should yes, it's part of the damages you suffered. Call them and get them to set it up with the rental company. Have them do it directly with the rental Co if possible, because if they reimburse you a flat rate it probably wont cover whatever you rent

    3) I think DV varies by state. In some states they allow it, in others not. If your state allows it I would definitely go for it! If it was a local bottler for Bud, they probably have to carry some pretty decent insurance, so it hopefully shouldn't be too big a deal to get what you are owed.

    Good luck and glad the wifey is OK!
     
  11. UroTrash

    UroTrash Four Time F1 World Champ
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    Jan 20, 2004
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    Bo, glad she is OK. Amazing how our lives are lived (or taken) by inches.

    How unfortunate.
     
  12. FarmerDave

    FarmerDave F1 World Champ
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    Jul 26, 2004
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    First off, as you mention, the important thing is that your wife is unharmed, cars and lightpoles can be replaced, loved ones cannot.
    First off, it won't go through your insurance as long as the Bud truck was properly insured, and I can't imagine a beer distributor rolling with no insurance. Net result is that this shouldn't have any effect on your insurance although it may still appear as a not-at-fault incident in the "great big insurance database in the sky." Which shouldn't negatively impact your rates but when combined with lots of other stuff can be the straw that broke the camel's back IN RARE CASES but it happens.

    Other guys should cover

    I bet it's totaled so it shouldn't matter. If it's not totaled, no harm in pursuing diminished value, that has so many variables regarding whether you'll actually get it that I can't speak knowledgeably about whether you'd be successful, but go for it if the car's not a total loss.
     
  13. mwarrior

    mwarrior Formula Junior
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    Mar 18, 2004
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    I'm not an insurance agent, but DV I believe depends on the state/policy. At least I know for Ontario Canada for a lot of policies there is a clause "Depreciation waiver" I think its called, that pretty much says if your caris totalled in 2years from the date of purchase, you get a check for the entire amount including taxes, etc. Some states and some companies do have this as well, so it depends.

    My guess on the above though is it applies if you're at fault, not if it was somebody else. I'd assume Bud has a good policy either way so that shouldnt be much of an issue.
     
  14. essdime

    essdime Karting

    Apr 26, 2006
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    Ian K M.
    I work in the insurance feild

    You are a "third party" to the "other guys" insurance company, providing that you can track down the policy number and person who actually is the insurer.

    Second, if you do not have rental coverage (SEF 20 depending on location but I do think this applies to all ) then your insurance company will most likely not cover you unless they track down "the other guy"

    If your adjuster is good, they will track down "the other guy"

    I hope this helps, If you have any other questions, just give me a holler, I will do my best to help you out.


    Ian
     
  15. WILLIAM H

    WILLIAM H Three Time F1 World Champ

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  16. Evan.Fiorentino

    Evan.Fiorentino F1 Rookie

    Aug 23, 2005
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    Maybe he was drinking and driving! Man I crack my self up......... On a serious note, I am glad that nothing happened to your family, the car can always be repaired.
     
  17. bpu699

    bpu699 F1 World Champ
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    Updates...

    Saw pics of the car, large 1ft by 1 ft indent on the roof line. Dealer say they will have to cut out the roof and door frame to replace...which is considered part of the frame...sigh. They think they can "fix it."

    My wife called the other guys insurance, "Travelers", who apparently covers this Budweiser distributor. They were shocked that the light pole hit another car... The driver forgot to mention that to them when he declared the accident.

    Stay tuned...
     
  18. darth550

    darth550 Six Time F1 World Champ
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    Forgot? What an idiot!

    I had a situation where the back door of a semi trailer flew open and ripped to roof off my BMW while I stood there watching in shock! After the driver gave me all the info, he begged me not to mention it to his boss and I laughed in his face. He then drove to his place of business, left the truck on the street outside the gate with keys and a note on the seat saying "I'm sorry but I quit". They paid me off without claiming it on their INS, due to embarrassment. Apparently, this driver had crashed before.
     
  19. bpu699

    bpu699 F1 World Champ
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    More info...help appreciated.

    $7000+ in damage. need to replace roof, door, part of the frame. This in a 2 year old Honda Oddesey, 30k miles or so. WIfe asked what it would trade in for AFTER repairs, dealer said he would give $16,000-$17,000 for it. We paid $35,000, and I suspect that undamaged trade in would of course be way more. Now what?

    Wife called Budweisers insurer, they politely said they would pay for the repairs, rental car, and thats it. When we asked about diminished value, the girl said she "wasn't authorized" to do that. We stated that was unacceptable.

    Now what? Seems like we obligated to get a lawyer? We are not looking for any money, other to be made whole.

    Do we fix the car? Do we not fix the car? Do we fix it, and then go to small claims for the shortage???

    My wife does not want to own an accident damaged car, and I can't blame her. She is also starting to get some anxiety here, and really has some bad feelings for this particular car. In my brief life, I have come to the opinion that cars, after significant accidents, are never really the same.

    Now what???? If we want to pursue diminished value, does that mean we should hold off on fixing the car? Isn't there some law that if a car is damaged, you can ask that it me replaced by one of equal mileage/make/model????

    HELP!
     
  20. Schatten

    Schatten F1 World Champ
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  21. bpu699

    bpu699 F1 World Champ
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    Honda is looking at it, and they want to fix it...

    But I am confused about the loss of value issue...

    Trade in for an excellent car, is $19k, poor is 17k$...not a big difference. But thats trade in!!! If I wanted to get rid of this car, and buy a similar car, the dealer wants $27,000 (figure they will sell for $25,000)!!! So for me to be made whole, I have to shell out almost $10,000 out of my pocket.

    This doesn't seem right. My wife did nothing wrong, she loved the car, and there was nothing wrong with it. Now she has a car with frame/unibody repairs...a big deal. I really don't want to shell out $10,000 just to be where I was 2 days ago!

    How do I pursue this?!
     
  22. SonomaRik

    SonomaRik F1 Veteran

    if that minivan were ever to be sold it would seriously be depreciated or only be sold on ebay due to possible carfax pings etc.

    they need to cover the depreciated value, which to me is the entire vehicle. I know insurance likes to deal in simple bottom lines, but this sort of accident always irks me. I've had about 5 [yes, and don't let me tell you the jokes I get because I live near SF, CA] rear ended collisions ALL totaling my car. ALL at a stop light/sign. ALL cases never got me satisfaction including the two times [10 years apart] I was receiving physical therapy.

    You need to get a good lawyer. I can tell you, my father's business was bud and a few other products, and his guys would sometimes pull a boner: he paid dearly....cost of doing business. BUD, does NOT like poor publicity...stick it to them.

    AND DO NOT settle early....a good case takes about 1-2 years min. if injury is involved and I expect if her car were moving, this is very serious.
     
  23. bpu699

    bpu699 F1 World Champ
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    Thankfully, she thinks she is ok. Jarred, shaken, and stressed. Thank god the pole didn't hit her. We are not looking for pain/suffering/etc. We just want the car the way it was. And quite frankly, it seems to be $5000-$10,000 less in value. I mean, this is a frikken 2 year old car! (I thought it was 3, but my wife corrected me). It it were a minor fender bender...oh well. But they are talking about cutting out huge chunks of metal and welding it back in...

    I saw some firms on the net that will "calculate" your diminished value for $69. Quite a good business?! 10 seconds of calculations for a print out. Is this stuff useful???

    I want to do the right thing here... But I gotta tell you...my wife isn't sleeping, and is experiencing some neck soreness. She is sincerely freaked out. I keep telling her it should pass, and am essentially medically treating her for free. A little voice in my head keeps thinking she should go see another doc... I don't want to go in that direction, but I don't want to absorb a $10,000 loss either. I just want them to do the right thing...
     
  24. Fred2

    Fred2 F1 World Champ
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    Jan 2, 2005
    18,208
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    You don't HAVE to fix the car.

    First get the highest repair estimate that you can.
    Then, get some salvage yards to give you an estimate on buying the car as is.

    Repair cost plus salvage value should be close to what you need to buy another car.
     
  25. SonomaRik

    SonomaRik F1 Veteran

    agree. dump the vehicle. they will NEVER be the same: one of [my several stop accidents] was in a brand new Toyota celica I had purchased, not kidding, two day prior. Truck rammed me and into the shop it goes. Get it out two-three weeks later and same day take the mom to see her sister and on a slow down crossing the Golden Gate bridge got hit my some old lady: Hated the car after that.

    as for your wife's neck I can say this with first hand knowledge: check it out. It probably is NOT more than a stress issue, but, take care of it. The very next stressful item will make her neck not only feek like it does now, but I can almost guarantee it will even be worse: trauma has an almost built-in memory chip.

    get some massages for a few weeks and some of the stresss will be addressed, and you probably can't get medical for such, but highly recommended. This may be a life long issue. You'ld be surprised how easily trauma can affect one.
     

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