Sadness

[Mr. Incredible]

And the story gets worse, the other driver only has $25k of liability. Thankfully I have underinsured motorist coverage but now my rates will go up.
I just want my car back....I had a 2011 Genesis 4.6, a 2016 Equus and now the G80 Sport, and it is my favorite by far.
What a frickin’ nightmare this has turned out to be.

his liability doesn't cover your damages, only injury, his property damage coverage covers the car, I suspect he has $5,000 - $10,000 on that, as such you are on the hook for anything over it.

this is what happened to me, so I went through my comp/collision for the repairs, paid my deductible and let my insurance go after him and his insurance. They garnished his wages and his fathers (since daddy owned the car), I got my deductible back 6 months later.


IMO you should go through your insurance carrier, and then let them fight with his. You pay your insurance to protect you, his company has no reason to help you, you aren't their client.

FWIW my rates did not go up as he was found 100% at fault. as long as the guy that hit you is found 100% at fault your rates will not go up. If he isn't found 100% at fault, fight it until he is. Police do not determine fault, the insurance adjusters and claim writers do. In my case I had front and rear dash cameras that showed it was stop and go traffic and I was stopped for a full 8 seconds before he rammed me at full speed.

 

[Mcc]

IMO you should go through your insurance carrier, and then let them fight with his. You pay your insurance to protect you, his company has no reason to help you, you aren't their client.

I agree. Absolutely Let your insurance deal with all of it.

 

[Don88]

his liability doesn't cover your damages, only injury, his property damage coverage covers the car, I suspect he has $5,000 - $10,000 on that, as such you are on the hook for anything over it.

You may be mistaken on this. I believe the insurance company backs the insured up to the limits of the policy, then, it's up to the faulting party to come up with any additional amounts. i.e. his savings, his home, car, boat, anything worth a buck. More than likely it will take a lawyer.... get a good one! Now there's an oxymoron.

 

[Don88]

a hiccup

 

[tuckerdog1]

Different state, and many years ago, but an old friend had bought a new truck. Two weeks after getting it, T-boned and rolled by a woman running a red light. To him, no longer a new vehicle & he wanted it replaced. Insurance told him it was their call to repair or replace & they wanted to repair. He told them it was his call to accept & sign off on repairs being done to his satisfaction, and that was NEVER going to happen. He was going to become their worst repair nightmare. In the end, he got a new truck.

 

[TurtleBoy]

What until

You may be mistaken on this. I believe the insurance company backs the insured up to the limits of the policy, then, it's up to the faulting party to come up with any additional amounts. i.e. his savings, his home, car, boat, anything worth a buck. More than likely it will take a lawyer.... get a good one! Now there's an oxymoron.

I think you guys are essentially saying the same thing but @Mr. Incredible is describing how the process usually works. While the "at fault" party is ultimately responsible there is no guarantee that you will be able to get anything from them beyond their insurance coverage. To make sure the vehicle is repaired/replaced, a claim is submitted to your own insurance and then they take care of going after the at fault party and recover anything that can be gotten.

 

[Mr. Incredible]

What until


I think you guys are essentially saying the same thing but @Mr. Incredible is describing how the process usually works. While the "at fault" party is ultimately responsible there is no guarantee that you will be able to get anything from them beyond their insurance coverage. To make sure the vehicle is repaired/replaced, a claim is submitted to your own insurance and then they take care of going after the at fault party and recover anything that can be gotten.

Exactly. His property damage coverage covers the vehicle damage, if your damage is $25,000 but his coverage is only $10,000 then his insurance company is only going to give you $10,000 the other $15,000 is on you, either out of your pocket or out of your insurance.

In most cases it is best to use your own comp/collision coverage and get the vehicle repaired, because your insurance company will fix it no matter the cost as they will go after the other party and their insurance for reimbursement.


I have never relied on the “other parties” coverage, I won’t even talk to them, in CA I am under no obligation to do so, i file the claim with my company and give my company my statement and let them handle it.

Yeah I have to fork out a $500 deductible, but to me the $500 is well worth it not to have to deal with the other guy, his insurance, and the games and stress related. I’ve been with State Farm for 35 years and had 9 claims, have always gotten my deductible back within 6 months to a year and always had my vehicle repaired my way, not nickeled and dimes to death by the other guys and their cut rate policy.

I pay for my coverage and I expect my carrier to protect me and work for me, this is why I pay them, and State Farm has never let me down.

 

[EdP]

And the story gets worse, the other driver only has $25k of liability. Thankfully I have underinsured motorist coverage but now my rates will go up.
I just want my car back....I had a 2011 Genesis 4.6, a 2016 Equus and now the G80 Sport, and it is my favorite by far.
What a frickin’ nightmare this has turned out to be.

 

[mdaecher]

What until


I think you guys are essentially saying the same thing but @Mr. Incredible is describing how the process usually works. While the "at fault" party is ultimately responsible there is no guarantee that you will be able to get anything from them beyond their insurance coverage. To make sure the vehicle is repaired/replaced, a claim is submitted to your own insurance and then they take care of going after the at fault party and recover anything that can be gotten.

this is true. for certain

 

[mdaecher]

that car hit you at the axle. You must have axle damage too

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[Pr0metheuz]

My insurance company had fixed my wife's car (which I thought would be totaled) for a cost of $14k and car was worth $32k. The insurance Adjuster told me the car is a total loss if the repairs are more than half the value of the car, but this is in Canada.

 

[EdP]

My insurance company had fixed my wife's car (which I thought would be totaled) for a cost of $14k and car was worth $32k. The insurance Adjuster told me the car is a total loss if the repairs are more than half the value of the car, but this is in Canada.

Pretty much the same here. Had you known the cost you could have beat a fender on the other side and got them to total it.

 

[Pr0metheuz]

Pretty much the same here. Had you known the cost you could have beat a fender on the other side and got them to total it.

Lol this is true

 

[Mr. Incredible]

My insurance company had fixed my wife's car (which I thought would be totaled) for a cost of $14k and car was worth $32k. The insurance Adjuster told me the car is a total loss if the repairs are more than half the value of the car, but this is in Canada.

depends on the area and the company. My carrier will total a vehicle @ 50% OR if the airbags have deployed. they will not repair a vehicle that had the airbags deploy ever since the recall on the Takata airbags. We received a letter to that effect, if involved in a vehicle collision that results in the airbags being deployed the vehicle will automatically be declared a total loss.

I suspect they do not want the additional liability of a replacement (used?) airbag fails to deploy.

 

[mdaecher]

depends on the area and the company. My carrier will total a vehicle @ 50% OR if the airbags have deployed. they will not repair a vehicle that had the airbags deploy ever since the recall on the Takata airbags. We received a letter to that effect, if involved in a vehicle collision that results in the airbags being deployed the vehicle will automatically be declared a total loss.

I suspect they do not want the additional liability of a replacement (used?) airbag fails to deploy.

Interesting, but not something I'd think would last long as an absolute. Airbags could deploy with very repairable damage.

 

[Mcc]

depends on the area and the company. My carrier will total a vehicle @ 50% OR if the airbags have deployed. they will not repair a vehicle that had the airbags deploy ever since the recall on the Takata airbags. We received a letter to that effect, if involved in a vehicle collision that results in the airbags being deployed the vehicle will automatically be declared a total loss.

I suspect they do not want the additional liability of a replacement (used?) airbag fails to deploy.

Which insurance do you have?

 

[Mr. Incredible]

Which insurance do you have?

State Farm.

 

[Mr. Incredible]

Interesting, but not something I'd think would last long as an absolute. Airbags could deploy with very repairable damage.

It depends in the airbag that deploys.

Side curtain airbags, yeah they can be replaced, passenger front not so much, it requires replacing the whole dash. Seat installed side impact also requires replacing the whole seat. In addition typically the seat belts have to be replaced anytime and airbag is deployed, as the pretension system will lock, and the Genesis and most higher end cars have an electric auto pretension system that activates every time you start the car, in any type of impact it locks, and while it can be unlocked it should never be reused as it will likely fail the next time.

Me personally, I will never drive a vehicle that has had an airbag deployment, if the insurance company does opt to fix, I will immediately sell it, I will not put my safety or the safety of my family at risk driving a vehicle with repaired safety systems, I worked in the industry to long and saw way too many shortcuts and Mickey Mouse auto body repairs to trust that anyone can do it correctly.

 

[GarnetTy1473]

depends on the area and the company. My carrier will total a vehicle @ 50% OR if the airbags have deployed. they will not repair a vehicle that had the airbags deploy ever since the recall on the Takata airbags. We received a letter to that effect, if involved in a vehicle collision that results in the airbags being deployed the vehicle will automatically be declared a total loss.

I suspect they do not want the additional liability of a replacement (used?) airbag fails to deploy.

State Farm.

That must be State Farm where you live. I have State Farm. My wife wrecked her 2015 Sonata Limited. Has 120k miles. I value the car at $12-13k, but obviously they value it more. $10k in damage, after steering wheel and knee air bags deployed, plus the seat belt pre-tensioner, buckle, etc. State Farm fixed it. Indiana says that if damage is more than 70% of value of car, it's a total. Went new OEM on everything except the front absorber. Hyundai doesn't use Takata airbags either, so no issues there.

 

[Mr. Incredible]

That must be State Farm where you live. I have State Farm. My wife wrecked her 2015 Sonata Limited. Has 120k miles. I value the car at $12-13k, but obviously they value it more. $10k in damage, after steering wheel and knee air bags deployed, plus the seat belt pre-tensioner, buckle, etc. State Farm fixed it. Indiana says that if damage is more than 70% of value of car, it's a total. Went new OEM on everything except the front absorber. Hyundai doesn't use Takata airbags either, so no issues there.

Maybe, I got the letter after I was rear-ended. Stated that if the airbags deployed the vehicle would be declared a total loss. Just a standard form letter, when I asked my agent he said State Farm doesn’t repair vehicles in which air bags have deployed regardless of the level of damage.