Day 15! - Rear ended at a red light

[dareckibmw]

I'm picking up my car tonight, the body shop has to replace the trunk lid and a latch as it wasn't locking.

 

[Bald Eagle]

Regarding Brakes/No brakes if you see you're going to be hit from the back while being stopped:

While I don't have either a PhD or BS in physics, I have taken it in college. Additionally, I have raced for 20 years, and spend more time watching & studying racing & the results of wrecks than is good for me. I'm not sure the "Brakes on" posters got it right.

The idiot going to hit you is going to hit you with X force. Don't you want to dissipate that force over a longer period of time? And wouldn't the acceleration of your car extend that period of time? Of course this assumes that you won't hit something in front of you which could legally become your fault.

Really, I would like to hear more from people who know more about physics than I. Thank you.

 

[Mr. Incredible]

Regarding Brakes/No brakes if you see you're going to be hit from the back while being stopped:

While I don't have either a PhD or BS in physics, I have taken it in college. Additionally, I have raced for 20 years, and spend more time watching & studying racing & the results of wrecks than is good for me. I'm not sure the "Brakes on" posters got it right.

The idiot going to hit you is going to hit you with X force. Don't you want to dissipate that force over a longer period of time? And wouldn't the acceleration of your car extend that period of time? Of course this assumes that you won't hit something in front of you which could legally become your fault.

Really, I would like to hear more from people who know more about physics than I. Thank you.

If being tackled, would you stiffen up and try to absorb all of the impact or roll with it, and let the energy redirect.

If I stand on the brakes, more impact energy goes into my car, if you release the brakes you help diffuse the energy, either way the car is going to get pushed forward, if you are smart, like me, you've left enough room in front of you so that you don't hit that car, or if you do, the damage is minimal, and as I did reapply the brakes after the impact to prevent being shot forward like a rocket.

also in most States, CA included, the rear most car that started the chain reaction is always at fault, but even if somehow I was found partly at fault, that is why I have insurance.

I've been in rear end accidents both ways, I much prefer the softer impact of release and re-brake. a lot less damage to the car, and a lot less damage to my body.

 

[Bald Eagle]

also in most States, CA included, the rear most car that started the chain reaction is always at fault, but even if somehow I was found partly at fault, that is why I have insurance.

Mr. Inc., This has always been my understanding: If there are 4 cars stopped for a light, and you come along and hit #4, which hits #3, which hits #2, etc. - - #1 gets money from #2, who gets paid by #3, etc, etc. I guess they all subrogate, and then go after you. Somehow this seems to work unless someone has no or bad insurance, and then each person's insurance has to step up. That is my clearly muddy inderstanding.

 

[Mr. Incredible]

Mr. Inc., This has always been my understanding: If there are 4 cars stopped for a light, and you come along and hit #4, which hits #3, which hits #2, etc. - - #1 gets money from #2, who gets paid by #3, etc, etc. I guess they all subrogate, and then go after you. Somehow this seems to work unless someone has no or bad insurance, and then each person's insurance has to step up. That is my clearly muddy inderstanding.

In a multi-vehicle collision, whomever rear-ends the vehicle in front of them is at fault.

If B rear-ends A, B is at fault.
If B rear-ends A and then B is rear-ended by C which also causes further damage and injury to A, both B and C are at fault.
However, if C rear-ends B and pushed B into A, C is 100% at fault in CA (and most states), and responsible for all damages to A and B.

all depends on the circumstances.

 

[EdP]

Mr. Inc., This has always been my understanding: If there are 4 cars stopped for a light, and you come along and hit #4, which hits #3, which hits #2, etc. - - #1 gets money from #2, who gets paid by #3, etc, etc. I guess they all subrogate, and then go after you. Somehow this seems to work unless someone has no or bad insurance, and then each person's insurance has to step up. That is my clearly muddy inderstanding.

I was at the front of a line like that. The last guy paid for it all. Seems the most efficient way and the guys in the middle get no "at fault' dings on their record.

 

[Bald Eagle]

Thanx for the clarifications, guys. But, as always, physical safety is more important than money, and I'm not sure if the brakes/no brakes discussion is settled.

FWIW, my wife and 4 year old twin daughters were rear-ended at a stop light by a doctor. My wife said that was the most nervous doctor she had ever seen - until it was determined that the only damage was to her car. I think he was pretty lucky that we are honest, and don't watch late night TV lawyer ads.

 

[PaFromFL]

... Don't you want to dissipate that force over a longer period of time? And wouldn't the acceleration of your car extend that period of time?...

If you don't step on the brakes, the impact velocity change takes place over a shorter time period (more of a bounce than a slower crush). If you want to minimize your own injuries, the braking idea is to let the energy of the collision slowly dissipate by crumpling the cars and scrubbing the tires, which reduces the impact acceleration at the driver's seat. You are trying to reduce the kinetic energy transferred to your own car. The driver behind you can experience more impact acceleration because he probably slows down more quickly than if he just plowed through you, but his airbag should provide protection. Also you avoid or reduce the speed of a second impact with the car in front of you. More injuries occurred in the old days when cars didn't crumple as easily. That being said, if you think the speed and weight of the colliding vehicle is enough to push the crumple zone past you or your passengers, don't brake and floor the accelerator to get out of way if there is room.

 

[crizzlec]

Update: Quote with only OEM parts was $152 more than the LKQ quote. Proceeding with OEM only parts. Now working on the DV claim. Hoping that the shop doesn't find a ton of additional damage when they get further into the repair.

 

[dareckibmw]

...... Now working on the DV claim.

Interested in details how to do it as well, as I have never done this before.

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[Spanky61]

Update: Quote with only OEM parts was $152 more than the LKQ quote. Proceeding with OEM only parts. Now working on the DV claim. Hoping that the shop doesn't find a ton of additional damage when they get further into the repair.

Good for you stay on top of them.

 

[Mr. Incredible]

Update: Quote with only OEM parts was $152 more than the LKQ quote. Proceeding with OEM only parts. Now working on the DV claim. Hoping that the shop doesn't find a ton of additional damage when they get further into the repair.

Not sure what state your in but here in Ca my insurance is telling me for a DV claim, I have to get 2 appraisals dealerships. One from the brand and one from a competing brand , then the insurance will do their own appraisal Athens make a determination based on the 3.

Essentially what I would get for trade without the accident and then what the loss of value is because of the accident.

While getting this done by Genesis isn’t an issue, dealership already said they would do it at no charge. In talking with a Lexus, Infinity, and BMW dealership, they all quoted me $450-$1000 to do the appraisal.

While I can submit that receipt to the insurance for reimbursement, the damages of my vehicle already exceed the at fault parties property coverage. So the likelihood of getting my money back is very slim.

I’m already out the deductible and rental car costs, while I may get them back in a year or two after the subrogation claim is processed, getting DV and the resulting costs of appraisals will likely not happen unless I go small claims.

 

[Bald Eagle]

Well, the "glass half full" theory is that you're OK.

 

[dareckibmw]

While doing my own research, I used KBB website to calculate the difference between "excellent trade-in" and "fair-trade-in" value of my car.
What do you guys think?

 

[Spanky61]

KBB is generally lower on their estimates for trade-ins. Check "Black Book." You can get more selling it outright. In general, around $45-$46 K depending upon mileage.

 

[Mr. Incredible]

Well, the "glass half full" theory is that you're OK.

Yeah I get that.

It’s just beyond frustrating that some asshat texting damages my car in excess of his policy and I have to fork money out of pocket and lose value on my vehicle because of his irresponsible behavior and the insurance industry and the state accept this as ‘the norm’. He essentially gets away with stealing from me if you think about it.

 

[Bald Eagle]

Yeah I get that.

It’s just beyond frustrating that some asshat texting damages my car in excess of his policy and I have to fork money out of pocket and lose value on my vehicle because of his irresponsible behavior and the insurance industry and the state accept this as ‘the norm’. He essentially gets away with stealing from me if you think about it.

Attention!!! NO AUTOMOTIVE CONTENT
Be glad you are not this guy. In September, 2017 a guy in Texas was arrested and jailed when an ex-girlfriend accused him of breaking into her house and slicing an X into her chest with a box cutter. He faced 99 years in jail, and his parents had to post $150,000 bond. Luckily he happened to have a Selfie taken 65 miles away from the "crime", but he did do at least one night in jail, and the bond probably cost parents $15,000. The woman has not been charged with any crime.

 

[Spanky61]

Not sure what state your in but here in Ca my insurance is telling me for a DV claim, I have to get 2 appraisals dealerships. One from the brand and one from a competing brand , then the insurance will do their own appraisal Athens make a determination based on the 3.

Essentially what I would get for trade without the accident and then what the loss of value is because of the accident.

While getting this done by Genesis isn’t an issue, dealership already said they would do it at no charge. In talking with a Lexus, Infinity, and BMW dealership, they all quoted me $450-$1000 to do the appraisal.

While I can submit that receipt to the insurance for reimbursement, the damages of my vehicle already exceed the at fault parties property coverage. So the likelihood of getting my money back is very slim.

I’m already out the deductible and rental car costs, while I may get them back in a year or two after the subrogation claim is processed, getting DV and the resulting costs of appraisals will likely not happen unless I go small claims.

No you don't, if you have uninsured motorist. Hit your insurance up for the uninsured motorist amount & DV. Your insurance company will go after his insurance company for full restitution afterwards. This is how to make his and your insurance companies fight it out. Also, this is why you pay your insurance company, uninsured motorist if you have it. It doesn't make any difference if it's part or all of the claim. This includes, the full depreciated value amount also.

***There are four separate areas your insurance company can go after the other individuals insurance; Comprehensive & Collision, Property Damage medical or uninsured motorist to pay the entire amount. There doesn't have to be a medical claim against his insurance either. He pays the premium never-the-less. Insurance companies don't want you to know this, as it's generally done in house or thru a lawyer to insurance company alone.***

You need to check with your insurance agent. We have more experience with this, than I care too. If you're not wanting to do this on your own, hire a lawyer to get full compensation.

We learned allot from the lawyers in both accidents, one being a large medical claim. The other individual was clearly the cause of your accident and hopefully this is recorded in your police report. Your insurance can't raise your rates or report an accident on your insurance record. Been there done this already twice already.

The alternative is; to take them to court, either small claims (up to $5,000) or municipal court and sue. Make sure you get a lawyer for either. The individual who hit you or his insurance company is; responsible to make you completely whole by law.

I suggest you talk to your insurance agent separately.

 

[crizzlec]

While doing my own research, I used KBB website to calculate the difference between "excellent trade-in" and "fair-trade-in" value of my car.
What do you guys think?

I am using the NADA values. Because I had purchased the car 15 days before the accident I am asking for the difference in NADA value between NADA Retail (which is the amount they will use for the 17c calculation) and NADA Average trade in. That amounts to $6400. I would probably take 50% of the amount of the repair to just be done with it and settle the DV.

I am lucky that I have a lawyer in the family, but I have already consulted with some local attorneys and prepare to engage representation and go the litigation route for the DV claim.

I know that there were ~31k Genesis' sold in 2015. There has to be a way to see how many of a particular color and interior combo were sold that year right? I would love to know how many Montecito blue were produced/sold that year, and how many of those were sold with the Ivory interior.

 

[Mr. Incredible]

No you don't, if you have uninsured motorist. Hit your insurance up for the uninsured motorist amount & DV. Your insurance company will go after his insurance company for full restitution afterwards. This is how to make his and your insurance companies fight it out. Also, this is why you pay your insurance company, uninsured motorist if you have it. It doesn't make any difference if it's part or all of the claim. This includes, the full depreciated value amount also.

***There are four separate areas your insurance company can go after the other individuals insurance; Comprehensive & Collision, Property Damage medical or uninsured motorist to pay the entire amount. There doesn't have to be a medical claim against his insurance either. He pays the premium never-the-less. Insurance companies don't want you to know this, as it's generally done in house or thru a lawyer to insurance company alone.***

You need to check with your insurance agent. We have more experience with this, than I care too. If you're not wanting to do this on your own, hire a lawyer to get full compensation.

We learned allot from the lawyers in both accidents, one being a large medical claim. The other individual was clearly the cause of your accident and hopefully this is recorded in your police report. Your insurance can't raise your rates or report an accident on your insurance record. Been there done this already twice already.

The alternative is; to take them to court, either small claims (up to $5,000) or municipal court and sue. Make sure you get a lawyer for either. The individual who hit you or his insurance company is; responsible to make you completely whole by law.

I suggest you talk to your insurance agent separately.

Uninsured motorist is for someone that hits you without insurance, if they have insurance you cannot claim against uninsured coverage, already inquired about this when I filed the claim in Aug.

IF you have ‘underinsured coverage’ you can claim against that, however I do not have that coverage.

Liability coverage, is what covers medical
Protery coverage (comp and collision) is what covers property (I.e. the car) damage.

You can’t collect monies due for property damage from the liability limits. Nor can you collect monies due from uninsured covereage if the other party has any level of coverage, underinsured motorist is what covers idiots with state minimum coverage.

There was no police report done, and it is irrelevant anyway in CA because the insurance companies do not use the police report to determine fault, the insurance laws here allow the insurance companies to determine fault based on their own investigations. Several years ago my mother was involved in an accident where the police determined the other person ran a stop sign and was at fault, the insurance companies investigation decided my mother was 40% at fault based on the exact same information.

In CA attorneys are NOT allowed to represent you in small claims, which are claims up to $7,500, which this will fall under.

I’ve already done my due diligence, most of what you have written in incorrect, at least in CA.