3 months old and wrecked

[BRJACKET]

I got my 2015 5.0 Ultimate in November. I was driving home from work yesterday and a car coming at me tried to turn left right in front of me. I hit him with my front passenger corner. It is totally his fault; I didn't even have chance to brake, but it is really depressing. I think that it will be fixed but there will be a car fax report that will follow the car. Also, any mechanical changes will not be original to car (obviously).

The front corner was completely crunched in. It will need a new hood, grille side panels, possibly passenger front door, wheel and wheel well components, radiator, and all electrical for the front. I don't know abut the engine yet or the axel. I guess that will determine if it is totaled.

Strangely the air bag did not deploy (and it was almost a head on collision). We were both going in the 35 mph range. My worries are 1) it will be fixed and I will have a new but broken car that someday will lose value when I sell or trade it, or 2) it will be totaled but the insurance will not replace with a new car but will only pay a depreciated amount. I'm not sure how all this works yet but I guess I will be finding out. Bummer...

 

[joeyz400]

If you have gap insurance it shouldn't be a problem getting paid for a new car. Do you have the tech package? I'm only asking to see if the auto braking would of helped. Good luck and as long as no one got hurt that is what's important.

 

[joeyz400]

Btw my rear bumper was hit in a parking lot on the 6th day I had my car. Now the whole bumper needs to be sprayed. I'm having it done Sunday and they are doing my fogs at the same time.

 

[dareckibmw]

I was in the same kind of an accident ~14 years ago.....my 3 year old BMW 540i was totaled by ins. company, due to the damage - the engine block was cracked in two places! I never thought it would happen at such low speed (~35mpg) and my air bags didn't deploy either.

Sad to hear what happened to you car....at least you are OK, I hope.

 

[SH66]

Sorry to hear the news. How are you feeling? The important thing is you walked away from this. I am sure there are many members that can give advice on dealing with evaluation of your car by an insurance company and a potential repair. There may be certain rights that you have as far as specifying who repairs, etc. Some insurance companies provide some type of guarantee on repairs done through their suggested facilities. It would be interesting to know why the airbag did not deploy, but it also sounds like the seat belt, seat, and head rest kept you safe. Good luck!

 

[BRJACKET]

Thanks for the kind thoughts. Fortunately, everyone walked away and that is the most important thing. I have the Ultimate package but it happened too fast. I think that there was a car slowing in front of the other driver and he tried to jump out and make the left turn instead of waiting for traffic to clear. I was probably in the blind spot created by the slowing car. He was too aggressive and jumped without being able to see oncoming traffic. I was passing the car in front of him when he suddenly pulled in front of me. I don't think either of us had time to break. Funny, though, it all seemed to slow down in my head until the big jolt.

I am going to have the car towed to the dealer. I figure that if they do fix it, then the mechanical work will need to be done first and then body work. The dealer can advise to that.

 

[Tpr5.0]

That really sucks and good thing you are ok. Good luck with the repairs.

 

[Aquineas]

Glad to hear you (and the other guy) are okay. Having said that, man that really sucks. If there's a bright side, it's that it sounds like an offset impact, and the Genesis is one of the top cars in the world for offset impacts. Hyundai spent a lot of time on offset impact engineering on the new Genesis.

Check out the full reports (not just the summaries):

http://www.iihs.org/iihs/ratings/vehicle/v/hyundai/genesis/2015?print-view
http://www.iihs.org/iihs/ratings/vehicle/v/mercedes/e-class-4-door-sedan?print-view
http://www.iihs.org/iihs/ratings/vehicle/v/bmw/5-series?print-view

 

[homeofstone]

Since the other person is at fault, your car must be repaired or replaced entirely at their expense. Do not pay for a tow. Have the other person's insurance arrange the tow. Do not pay for anything. In addition make sure you receive diminished value, if repaired. Get a rental and have he other person's insurance arrange and pay for all rental until everything is settled or repaired to your satisfaction. Do not give any wavier to the other person's insurance or any medical release forms to anyone. Keep track of all your expense regarding the crash.

 

[homeofstone]

This information may help.

What to do after a car accident that's not your fault

By Insure.com - Last updated: Sept. 10, 2014


Dealing with your car insurance company after a crash can be a time-consuming hassle. Now imagine what it's like to deal with the insurance company of a person you don’t know who crashed into your car. Here are some tips to ensure you maintain your cool — and your sanity — when making a claim with someone else’s insurer, known as a third-party claim.

The driver who crashes into your car is responsible for reporting the accident to his or her car insurance company. However, make sure you contact their insurer as well. Motorists who cause accidents are often reluctant to report them.

Dealing with another driver's insurance companyIt’s vital to get complete information on the other party at the accident scene, including the other driver's address, insurance company name and policy information, along with statements and contact information from witnesses. Take pictures of the accident scene, the camera on your smartphone will work in a pinch. This way, you'll have evidence gathered at the scene to bolster your position on the cause of the accident. Check to see if your car insurance company has a mobile app that can help you document the accident while at the scene. Many auto insurers have apps that come with an accident checklist and tell you how to best gather information so you can make a claim with it or the other party’s insurer.

In addition, the National Association of Insurance Commissioners’ free smartphone WreckCheck App can help you collect and exchange the right information.

You should then inform the other person's insurer that you have been involved in a crash with one of its policyholders. Relay only the facts of the accident, even if you believe the other driver to be at fault.

The police will determine who is at fault for ticketing purposes. Independently, the insurer will make its own determination of fault, which may or may not match law enforcement’s assessment of fault. The insurer will take into account items such as the police report, driver and witness statements and physical evidence. (Here's more on what to do after a car accident.)

Although you may feel that you have not caused the accident, you should contact your insurance company anyway. This establishes your good-faith accident-reporting effort and can aid you if the other party's insurer denies responsibility for the accident and you need to make a collision claim.

Insurance theory vs. reality

Theoretically, you should only have to notify the other party's insurer of your damages and injuries, take your car to a body shop, visit a doctor and expect the insurer to pay your bills.

But theories don't always reflect reality. Car insurance companies may demand that you obtain their authorization before proceeding with vehicle repairs and injury treatments. If the insurance adjuster doesn't authorize a repair before you take it to the auto shop, it can create a problem. At minimum, make certain that the insurance company has accepted liability before going ahead with repairs. Get that authorization in writing. Ask the insurer to e-mail it to you.

Remember that an insurance company can't force you to take your vehicle to a specific repair facility. Most states allow auto insurers to recommend auto body shops but they aren't allowed to demand you use a certain repair facility. The choice is yours.

Pick your insurance battles

The at-fault driver's insurer may tell you to seek payment from your own insurer because it has no evidence of its policyholder's fault. Although most states have made it illegal for an insurer to deny claims without reasonably investigating the facts, or to deny claims when its liability is reasonably clear, you may not want to fight the other person's insurance company.

If you make claim with your insurer, it might choose to fight the other insurance company for compensation if it finds other driver is at fault.

If you decide to fight the at-fault driver's insurer on your own you'll need a lawyer — especially if you've been seriously injured (read more about when to hire a personal injury lawyer). An attorney can help you navigate the sometimes-murky laws that govern insurance. But keep in mind that if you hire an attorney, he will take a cut of any settlement he helps you get.

When the other driver lies

When a driver lies about a car accidentYou may have evidence of the other driver's fault — maybe he even admitted it at the scene — yet you find your claim denied by his auto insurance company. Why? Because he probably told a version of how the accident happened that doesn't square with yours. His insurer may stand behind that story in order to avoid paying your claim.

Sometimes the insurance company will take its policyholder's position, even if it contradicts the police report.

It not unusual for companies to take their policyholder's side in cases where no police accident report was made and fault isn’t obvious. In many states, if an officer at an accident scene determines the damage is minimal (usually less than $500), he or she will not file an accident report. Body shop estimates for that same accident, however, might run into the thousands of dollars. Take your car to a repair shop so you can determine the extent of the damage.

If it's a small claim, you can take the other driver to small claims court. Otherwise, you may need a lawyer. Insurance companies know that unless you've hired an attorney, the longer the matter drags on, the more likely you are to compromise or simply go away

Another option: Your own insurance company

Even if you're not at fault, you can make a claim with your insurance company for payment of damages and injuries -- if you have the right coverages

If you have collision insurance, file a claim with your own carrier. It will pay for the cost of repairs or total loss of your vehicle. If you take this approach, you will have to pay your collision deductible toward repairs. However, you may get that money back if your insurer is able to settle with the other driver's insurance company.

If it turns out the other driver is uninsured and you have uninsured motorist coverage property damage (UMPD), you can make a claim for your vehicle’s damage. There is no deductible for UMPD claims.

Your car insurance rates aren't necessarily going to increase at renewal time if you make a claim under your own insurance policy for an accident that wasn't your fault.

Most state laws prohibit insurers from surcharging policyholders or raising their premium rates for accidents in which they weren't at fault. However, those laws do not preclude your insurer from dumping your policy at renewal time if you've made a few recent claims of any type.

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[StarPower]

Sorry to hear about your car. I hope no one was hurt.

When I had a previous car hit by another person, I went through my insurance. It took about a year for them to reimburse my deductible. My rates didn't go up and I didn't get dropped. They also didn't argue much when I negotiated the value of the car after they declared it totaled.

 

[commodore]

Keep in mind (it was mentioned earlier) that if the car isn't totaled by the insurance company and you keep the car don't forget that a negative 'CarFax' report is now part of your cars history. That negative report will cost you considerably at trade or private sale time.
Make it clear to both insurance companies that the amount the accident has depreciated your cars wholesale/retail value [due to its negative 'CarFax'] is added to your repair claim because your no fault accident will have dug a large hole in your equity.
TV adds have taught buyers to run from a negative 'CarFax' report which makes it very difficult to negotiate a fair trade in value or to privately sell your car at a later date.

 

[15GenesisAWD]

I got my 2015 5.0 Ultimate in November. I was driving home from work yesterday and a car coming at me tried to turn left right in front of me. I hit him with my front passenger corner. It is totally his fault; I didn't even have chance to brake, but it is really depressing. I think that it will be fixed but there will be a car fax report that will follow the car. Also, any mechanical changes will not be original to car (obviously).

The front corner was completely crunched in. It will need a new hood, grille side panels, possibly passenger front door, wheel and wheel well components, radiator, and all electrical for the front. I don't know abut the engine yet or the axel. I guess that will determine if it is totaled.

Strangely the air bag did not deploy (and it was almost a head on collision). We were both going in the 35 mph range. My worries are 1) it will be fixed and I will have a new but broken car that someday will lose value when I sell or trade it, or 2) it will be totaled but the insurance will not replace with a new car but will only pay a depreciated amount. I'm not sure how all this works yet but I guess I will be finding out. Bummer...

Sorry to hear it. I had a brand new GTI in an accident, replaced bumper, etc, it just never felt the same way afterwards, so it had to go.

I had MB E550 rear ended, got about $2000 in depreciation from the other insurance company. When I traded it in, I found out that it incurred close to $5000 depreciation due to accident. Not many want a used luxury car that was in an accident, I wouldn't.

Anyhow, airbag not deploying on Hyundai products is kind of infamous in its home country, South Korea. A guy died in this 1st gen Genesis due to crash and not one airbag deployed. From reports I saw, Hyundai said all was normal when the accident was severe enough that a guy who was wearing a seatbelt died from it. I do not know what is worse. Airbag not deploying in such condition or Hyundai saying all was normal and not taking responsibility.

Also there are bunch of "unintended acceleration" issues (kinda like what Toyota went through) with Hyundai cars in Korea as well.

 

[DKYang2]

I had a car accident on my Optima 4 weeks after I got i brand new. When I went to trade it in to get the Genesis, the salesmen showed me the carfax and it showed zero accidents when I was expecting two. Maybe you'll get lucky with this one.

 

[BRJACKET]

Thanks again for the advice. I will check on gap insurance if the car is totaled. I definitely will look for an amount for depreciation if it is fixed. I did talk to a financial person at the dealership and the difficulty there is that this is a hard loss to calculate as it depends on how long I keep the car. There would be way more negative impact now than if I keep it 5 or 6 years. I'm sure this will be the most difficult part of the settlement.

 

[homeofstone]

Thanks again for the advice. I will check on gap insurance if the car is totaled. I definitely will look for an amount for depreciation if it is fixed. I did talk to a financial person at the dealership and the difficulty there is that this is a hard loss to calculate as it depends on how long I keep the car. There would be way more negative impact now than if I keep it 5 or 6 years. I'm sure this will be the most difficult part of the settlement.

Gap insurance is not at play. It is the liability of the other person who is a fault to fully compensate you for all of your loss, expenses and injuries.

 

[markpoisson]

You should definitely report to your insurance carrier. They always deal with other insurance companies and will work hard to get THEM to pay through normal channels and ultimately subrogation. It does take time but that's what you pay for with insurance. Also, if the car is repaired, you can file a "diminished value" claim against the other insurance carrier. This you do through your insurance carrier or on your own. This basically makes you whole in that it tries to make up the difference between what your car is worth had it not been in an accident and what is worth after the accident. There are local folks that specialize in this (usually ex-auto appraisers) and take a small cut in the reimbursement.

http://www.carinsurance.com/Articles/diminished-value-claim.aspx

 

[putputput]

pics? pics!! we need pics!!!

 

[BRJACKET]

I will take some pics when it is towed to the Dealer and try to post. I am waiting for the adjuster to assess the damage and contact me. I have another big concern about fixing it. When the side mirror had to be replaced I had to wait a month for the dealer to get a replacement part in. I'm afraid of how long it might take to get all the parts in to fix this damage.