RIP my 2015 Genesis ultimate

[AustinQuinn]

Yesterday while sitting in stand still traffic a Fed ex truck rear ended me at around 35-40mph. The driver admitted to being "looking at his radio". Which to me means cell phone but hey admission is admission. Rear frame is buckled. Rear doors are misaligned, gas tank punctured. Probably going to be a total. Does anyone have any recommendations for me? I have a fractured rib and a your usual muscle damage and whiplash. Airbags didn't deploy which I think is fairly normal in a rear accident like that. Really upset and nervous about what insurance is gonna tell me. Do I go after Fed ex? If asked I'll post some pictures but I have to blue license plates. Any help would be appreciated. Definitely want to get another Genesis depending on how things turn out. Sad day.

 

[PMCErnie]

Sad news. Find an ambulance-chaser lawyer pronto! FedEx can afford it. Your new lawyer will be very pleased to learn that a solid company like FedEx will be the defendant, rather than an unlicensed illegal alien.

 

[BoardGameBuddha]

DUDE....So happy to hear you were not hurt worse, very sorry to hear about your Genesis.... I would indeed follow PMC's advice.

 

[AustinQuinn]

Yeah I have a lawyer friend who just got into the auto accident field. Gonna talk with him and get what I can for a new Genesis. Thanks for the thoughts. I absolutely loved my car.

 

[BoardGameBuddha]

Yeah I have a lawyer friend who just got into the auto accident field. Gonna talk with him and get what I can for a new Genesis. Thanks for the thoughts. I absolutely loved my car.

Cheers man, VERY Excited to be getting my 2015 Genesis 3.8 in Casablanca White , I wish ya all the luck getting into a new one!!!

 

[EdP]

Yesterday while sitting in stand still traffic a Fed ex truck rear ended me at around 35-40mph. The driver admitted to being "looking at his radio". Which to me means cell phone but hey admission is admission. Rear frame is buckled. Rear doors are misaligned, gas tank punctured. Probably going to be a total. Does anyone have any recommendations for me? I have a fractured rib and a your usual muscle damage and whiplash. Airbags didn't deploy which I think is fairly normal in a rear accident like that. Really upset and nervous about what insurance is gonna tell me. Do I go after Fed ex? If asked I'll post some pictures but I have to blue license plates. Any help would be appreciated. Definitely want to get another Genesis depending on how things turn out. Sad day.

Bad new is you have an injury. The good new is, FedeX has insurance.

Your insurance may pay for your car and then recover from the other party. That expedites repairs or the money from a total. You still have the right to go after the other party for damages, medical, etc. The down side is, it can take time. The more you look for the longer it can take.

Would be nice to end up with a G90 all paid for. If you go after a million bucks it can take a year or two to settle, meantime you ride a moped. Probably best to talk to a lawyer.

 

[Bourbonncigars]

Do I go after Fed ex?

An interesting question/situation for sure. Would you "go after" a school teacher if she hit you instead of Fed Ex? Or the preacher at your local church? Would you be hunting extra money from them like you could Fed Ex? Is Fed Ex more liable because they have deeper wallets?

I'm certainly not accusing you of anything. Especially since it seems you haven't done anything yet. Like I said, it's just an interesting situation. Life has taught most of us to take what we can, when we can. I also find the juxtaposition here fascinating. Some of today's big political discussions seem to focus on a fear of Socialism, yet many of those same people would probably jump at the chance to sue a big company because they know they can get a lot of money from them. Not unlike taxing those who make a lot of money simply because they make a lot of money. How dare them. They should pay for that...

Anyway, I'm rambling. Sometimes my mind doesn't shut off. Best thing you can do is talk to your insurance company and see what they say. After that, it's totally up to you. My wife's 2015 was totaled a few months ago by someone who ran a red light. Their insurance (State Farm) was great at taking care of us and gave my wife nearly the exact amount I said we should get (fair market value, receipts for new tires, etc.). The way they handled the accident made me want to look into changing insurance companies.

Glad you weren't hurt any worse than you were. I assume the Fed Ex driver was ok too.

 

[EdP]

An interesting question/situation for sure. Would you "go after" a school teacher if she hit you instead of Fed Ex? Or the preacher at your local church? Would you be hunting extra money from them like you could Fed Ex? Is Fed Ex more liable because they have deeper wallets?

Hey, hey, hey, are you questioning my flexible morals?

Excellent point as to how human nature works.

My problem it this. You have a few year old car and it is totaled. The insurance gives you the value of the car. You can question, trade in value, private sales value, condition, whatever but you are really talking a couple of thousand dollars. You get a check and it is what you call fair.

Next step it to replace it. With what? You can't find your favorite color, the tires are not as good, the back seat has a small stain, you don't know if the oil was ever changed, etc,. It is the same cost as your settlement, but will you ever be satisfied?

Maybe in a year or two you would have traded anyway, but not this year for one reason or another. Should you have to go in hock to get the latest version of your old car?

Legally you have to be "made whole" but settling for the value of a used car rarely does. I don't think a scratched thumb or broken nail entitles you to a million dollar settlement either. The TV lawyers really annoy me but to me, fair would be a new model of the existing car on up to say, 5 years old. Less if you are driving a 1998 Dodge with the passenger door held closed with rope.

 

[LD5050]

I think the fair question to pose would be, “would FedEx go after you if you injured their driver and totaled their truck?”