Cgotto6

iTrader: (8)

You all have excellent points. I will be taking the car to one of the best auto rebuild shops in the seattle area. My car will be one of the cheapest cars their for sure. Theyre one of the shops my insurance guarantees as well so ill just keep sending the car back to them when I find things wrong that were caused by the accident...

As far as sueing...I would like to. **** I would love to. The only thing im not sure is if I can. Am I able to get my car rebuilt by having insurance pay for it, then sue the other driver as well? Or will I have to sign a settlement saying that my car being fixed was enough... Sorry im new at this, Im only 19. This is my first major accident.

Another thing about sueing. I have heard from a few people that it can take quite a while for small claims court to go through...(like 6 years). Is this true? Will I only be able to sue for my injuries? Or is it possible to sue for the inconvienience of not having my car...Especially when I want it most (summer, track driving).

coolvette

you can sue and win in this case if,there is a police report,and in there estimation it is the other guys fault.I think you said that the police measured his skid marks and have determined that he was speeding,perhaps reckless driving too?you went to seek medical attention in a timely fashion.You can go to any accident specialty lawyer and if you have a case it wont cost you a dime until you win(settlement).do not ever sign a waiver from a insurance co. and the avg time to settle a small case like this one is around 2yrs or so.this case will be settled long before it goes to court.

1FAST7

Ouch.. I'm sorry to hear about your recent loss. Hopefully everything works out for you and you can get your hands on a new FD. Good luck.

adam c

iTrader: (2)

You can't sue for the repair of your car, since they are willing to fix it. Anyone that tells you to sue for that is an idiot. You can sue for injuries, if you sustained any.

Make sure your car is repaired to your satisfaction. Once it is repaired, you will have the option of selling it. I mention this because you said it might not be as good as before. If you sell it, you can always look for another one. Who knows, you may like how it turns out.

Good luck, Adam

coolvette

adam,i dont know if you are calling me a idiot i hope not because i have been involved in several auto lawsuits as a defendant,and plantiff.and hell yes he can sue for pain and suffering ,loss of wages,etc.if the other party is deemed at fault. he is going to end up losing money even if the car is repaired right.That accident will be a blemish on his cars future value.my wife got hit a couple of years ago(whiplash) and received a settlement. go for it.

adam c

iTrader: (2)

Like I already said, you can't sue for damage to your car, since they are willing to fix it. You can only sue if you are injured. Did you read it the first time?

coolvette

yes,and no one has come right out and told him to sue on the insurance company,sue the kid that hit him.

RaPtOr-T

Thats not really true, its more of a right that can be taken away. Its not like someone can decide to never let you get your license, you have the right to get it. Our freedom of speech is a right, but during wartime is has been taken away.

adam c

iTrader: (2)

You don't sue an insurance company. You sue the person, then the insurance company represents them. So, if you sue the person, you deal with the insurance company representatives, and lawyers.

Either way, you don't sue ANYONE for damage to your car, when they are already willing to pay for it. Get a ******* clue!!!

gundamgx

Wow, just saw this thread and I'm sorry for your loss. Hopefully you can find another nice FD.

darkphantom

iTrader: (2)

GLAD YOUR OK THOUGH. however it doesnt look as bad as others. I would try & fix the car. no front end collision or rear end collision at all!

Force13B

iTrader: (19)

I would say Adam knows what he's talking about since he use to work for a Insurance company!

If the car is totaled i'd buy it back from the insurance company and try and fix it, doesn't look that bad. Or part out the interior, i know i have a few things i need. Good luck man.

Silverstone

Yeah I agree. From Adam's profile his occupation is "insurance broker." Look if they say you can't total the car and keep it under a "salvage" title perhaps there is an appeal process. I know my friend had his car "totalled" and all he did was hit a tree at about 15 mph (at least that's what he claims). He was given a settlement check for 10K or so + extra for a new engine and turbo he had put in and still had receipts for. They also gave him the car as part of the deal which he registered under a salvage title. He later took the car to a salvage yard and they gave him another $4k for the parts. So he made out fairly well, but that is all dependent upon getting the car declared "totalled" obviously. Ask Adam if he knows how you can appeal the decision if at all.

dgeesaman

iTrader: (7)

Sam I'm sorry to hear about all of this, but it seems like kept your cool. You've got plenty of time, so take your time gathering information, and work in writing by certified mail.

Be wary of the info you hear here about legal matters - first, it all depends on your state. Second, the circumstances have to matter. But I think Adam's help has been valuable.

Now I hate lawsuits. It's usually a way for lawyers to take one small example to extract a massive amount of money from a group (since the defendant driver alone is not worth chasing) and making what should be a restitution into a gouging that goes into the lawyer's pockets. But that kid was/is incredibly asinine, and quite likely is a spoiled brat who has no appreciation for ****. After all, he's not a minor, and he effectively stole the car from his Dad. The fact that he knew to lie about his age to avoid arrest speaks volumes. So if you managed to dig some compensation out of HIM I wouldn't lower my opinion of you. Unfortunately I don't think those slimy lawyers are into that. I would see about seeing that he has charges filed (He lied to the cop, too!) against him - reckless endangerment, auto theft, reckless driving, etc. And definitely see a doctor, get as much documentation and evidence as possible - a stinker like this kid might be smart enough to tell a story that *you* were trying to pass the truck. Trust me, you never know, and no matter how bs their story is, it can sometimes make a 'fault' accident into a 'no-fault' accident.

Every day there are discussions *HERE* about street racing, and 'running the canyon roads', or 'enjoying the car', or 'spirited driving'. Hopefully a few of those people will read this thread, and learn a little more about what else is on the road. But then again, they'll probably blabber about being better drivers than that, and that the 7 would have made the turn. I hope those people meet their maker alone, without innocent victims. Oops, sermon.

Where was I. Oh yeah, be patient, and sorry if my rambling got your blood flowing. Because you and your gf walked away, and that's the great gift here.

Make sure you get a damage estimate that properly replaces *all* damaged parts - door, interior panel, gas funnel, power plant frame, differential?, the whole rear suspension, tire, brakes/axles/spindle, hatch, rear bumper skin and support, etc. With Mazda OEM prices, that should be a nice large number. I'm guessing your insurance company is trying to settle it quickly so that they spend a minimum on your case - I imagine that if you make your case very clear, precise, and supported, they will figure out it's easier to go after the other guy and meet your demands. After all, your company loses money from time spent on the case, not paying the bills. Hopefully you can get them fighting for you.

If it's not totalled, I'd put up a really big stink. Crumple a piece of aluminum foil, then try to flatten it. Then try to pass that flattened foil off as new again - I think not. It will also become unavoidably shorter, which is one reason why the frame will never be perfectly straight again. You can repair and add weld, but you can't make a crumpled section of frame as strong or the same dimensions as before. I'm not a body man, but I would not accept anything less than splicing and replacing the damaged frame section. Whatever's been crumpled, I want it gone.

Dave

Silverstone

If there is no formal appeal process then just go out and get as many reputable body shops as you can put in writing that they cannot make it as "good as new" without spending 75% of the value of the car. Then send the copies of these estimates to the insurance company by registered mail. Done deal! They will then have no other choice but to reconsider and total the vehicle. Play hard ball with them baby!! Tell them you'll get Adam after them

Cgotto6

iTrader: (8)

Thanks Dave. Thats some great advice. I was trying to explain to the insurance inspector that he did get most of the damaged parts in his estimate, but the whole suspension and drivertrain on that side at least has to be damaged as well. But in order to get this to be brought to light to the insurance I would have to take the car to shops to get their estimates. Which would mean towing the car there...Would I have to pay for this towing? In the long run it could prove very worth it, but it could also be money wasted...

I will be talking to a very good shop tomorrow and be checking into them doing an estimate on the car...

I am by no means trying to milk the system when I say that I would like to sue the guy. Im just trying to make sure I dont come up short in the end. The fact of the matter is my car will loose quite a bit of value if it is "fixed". So my insurance adjuster told me to go after the other drivers' insurance for diminishing value of my car...I will also be getting a settlement for pain and suffering for my injuries. I just wish the car would get totaled because it would be so much easier to just start fresh...Ya know what I mean? So who knows...Maybe everything will work out? Ill keep you guys poster.. Thanks for the many great responses, and all of the suggestions. Keep them comming, this is my first time dealing in depth with insurance and all that good stuff, so Im ignorant as they come...Im just trying to take things slow...

adam c

iTrader: (2)

If your car is fixed properly, it should be as good as it was. Why do you think the suspension and drive train were damaged?

OneRotor

iTrader: (3)

I don't think that that shell, with that amount of damage, will ever be "as good as new". I know that in Michigan, if you don't think that the vehicle will be safe after it is repaired after an accident, you can demand that the insurance company totals it, as well as if they want to total it, and the repairs aren't over the blue book value of the car, you can say that you want the car fixed, and the insurance company has to fix it. If the repairs are equal to or greater than the blue book value, the insurance company will total it, and you don't have a say in it. I'd look into the laws, maybe pay an accident lawyer $100 or $200 for an hour or two of his/her time to go over what happened, and go over the state's insurance laws, and see if you can demand that the insurance company totals your car. Totaling it out seems like what you really want to happen, so i think that 100 or 200 and a couple of hours of time will be worth your while. Good luck, sorry to see some punk *** ritch kid wreck a beautiful car with a focus.

Like what was said above, get all the medical treatment that you "need". Don't settle for second best, get documentation, go after them for medical costs, time off of work, time off of school (if you miss too much of the semester, get your prof's to give you letters saying that, because of the accident, you have missed too many classes, and there is no way that you will be able to pass with an acceptable grade), tuition, etc. etc. etc. don't milk the system, just don't sell yourself short.

FukDaBullSitAlrdy

sorry to hear about that? hope all works out

Jedon

Last year a guy ran a stopsign and hit my FD, and I had a battle with the insurance companies.
1. Never take thier first offer
2. The insurance guy that comes out and looks at the car doesn't know jack
3. Get full $ estimates from both insurance companies and take the best one, you can choose to deal with your company or his, if you deal with your, they will then get the $ from his company.
4. I didn't have any injuries ( 5pt harness, racing seat, rollbar = barely felt it ) but I have in previous accidents and the insurance companies have an amount of money they will pay just to end it, very rare to go to court. 20 years ago that number was like $3K, I'm sure it's much higher now. I'm not saying you should do this, but a friend of mine who was in the car with me when I was in an accident when I was 18 wanted a new Subaru SVX so kept going to doctors complaining of back pain until he found one that said yes it's an injury and he got a decent amount of cash for pain and suffering from my insurance company. Back injuries can be impossible to prove, and you very well may have neck and back injuries that you don't even know about for years.
5. The insurance company will try and go by a very tricky system for finding out the price to pay you if it's totalled, they find a dealer somewhere that has a 7 and then has the dealer tell them the absolute lowest (ie thier cost) that they would sell it for and then try and pay you that amount. That will almost always be below blue book! Find comparable cars on Autotrader within a reasonable distance from you and FAX that too them. If you have a new engine etc then that will raise the price as will mods etc.

Fight back, and don't let anybody rip you off! hehe

Good luck!

Cgotto6

iTrader: (8)

The drivers rear tire when you look at it now is rotated a few degrees counter clockwise. Also, I thought this morning to jack the car up and shake the tire side to side and top to bottom. It used to be rock solid, no play what so ever, now there is at least 1/8 if not a quarter...And another part to that is the passenger side now wiggles similar to the drivers side. So something in the rear end took the impact, not sure exactally what. Could be balljoints, could be something in the rear end, wheel bearings....

Also I discovered that my passenger interior door handle is now broken. My girlfriend must have had some sort of death grip on it when we were hit cause the handle is broken off on the top part.

All of these new discoveries are good for me, because I was only like a grand away in repair costs for my car to be considered totaled. Hopefully insurance will agree. If not, im taking the car to one of the more expensive shops in the area and having them do a complete inspection and bid for repair. That is most likely gonna be more expensive than what the insurance inspector came up with, so maybe the insurance will change their minds anyways...