got hit head on by texter

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Eric Morris

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I watched a ***** merge onto the highway yesterday and "drive" - which consisted of 3 full seconds of head down looking at the phone, then a 1/4 sec glance ant the road, back to the phone- at least 5 times.

He had his windows down, so I pulled up next to him and yelled "quit looking at your ******* phone!"
 

PaulTAutoX

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Some insurance will pay for full original replacement cost if the car is 1 year old or newer. In fact, my insurance might have that clause.
All insurance is a series of choices once you meet the minimum legal. The ads for "did they expect me to drive on three wheels because they will only pay 3/4 of what the car will cost" are just hype - if you want them to pay for full replacement, you are paying a premium to make sure they don't lose money on that deal. And if he had this clause, you might be out anyway because 1 year old or newer might not apply to a 2018.... Way back in the day I totaled a new Volvo and it was so new (same model year, I had it less than 5 months) that there was no KBB yet. So they just charged me $.10 / mile (this was 1983) as the depreciation, I got off easy.
Re: the OP, all cars are a constantly depreciating deal, and unless you're buying cheap and fixing/flipping you can't ever expect to get back what you paid. When you drove off the lot it depreciated to that KBB value, it wasn't when you got hit. Here's one of the downsides, everybody, in buying a year old dealer stock car....
All that said, my opinion is that distracted drivers should be punished, and if it were me I'd be pursuing it even not expecting to get money back, just to make sure he gets points on his record. Just be sure the lawyer is on board with that and get a cost estimate for the lawyer up front.
 

GotGrip?

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Something similar happened to me a back in march, I got smoked in the rear of my 16 SHO by a texter, ended up being about $6k, with no frame damage (35% on TL threshold). Thankfully I work at the bodyshop that fixed it and could see everything going on on how much things actually cost. The only real saving grace to these cars is parts are "cheap" compared to most other brands. So I know the damage may look bad but wait until its apart and they blueprint the car, you may be surprised. Also, as long as you get it to a good reputable shop, you'll never be able to tell it was ever hit.
 

jfalkingham

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Hey brother,

Couple of thoughts,

1. Has the PD determined who the at fault party is (written in the report)?

2. do not say you are fine. It could take weeks or months for symptoms to show up. I am dealing with getting rear-ended in my show back in 2017 and still having to go through therapy to help with vestibular balance and sound therapy. immediately after the accident I thought I was fine but things slowly started to creep up don't ever tell the insurance company that you're doing fine give it time and make sure.

if you are not the at-fault party, then the other insurance company will have to make you whole. if you determined that you have injuries that will take therapy and time my best advice is to engage with an attorney. They will take 33% of whatever offering is giving up. I don't know that it's worthwhile to go It alone especially if you believe you will be dealing with any longer-term therapy to make sure everything is back to where it was before the accident. The car, all though sad, is one piece, your mental state and physical state is more important.

Good luck, my SHO after countless visits was never right ($21k in repairs) and the wife demanded I get rid of it for safety. She was not wrong, but I did take a bath on the value!!

Sent from my Pixel 3a using Tapatalk
 

scrantch

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Yes, no fault of mine on police report. My ins. Sent me injury forms but have an appnt. 6/4 with ortho. As far as made whole, i sure hope so. Highest retail KBBvalue is 31k. I,d be lucky to get that plus 6.25% sales tax towards new 2018 exact options quoted at 37770 plus tax and reggi. You'd think the dealer would want to get rid of it and give me his holdback along with the 5500 ford is giving him off the sticker.
 

PaulTAutoX

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Good comments above about immediate post-accident situation. Reminds me of the one about the farmer who said he felt fine:

<A farmer named Clyde had a car accident.
renderTimingPixel.png

In court, the trucking company's lawyer was questioning Clyde. "Didn't you say, at the moment of the accident, 'I'm fine.'" asked the lawyer?

Clyde responded, "Well, I'll tell you what happened. I had just loaded my favorite mule, Bessie, into the..."

"I did not ask you for any details", the lawyer interrupted. "Just answer the question. Did you not say, at the scene of the accident, 'I'm fine?'"

Clyde said, "Well, I had just got Bessie into the trailer and I was driving down the road."

The lawyer interrupted again and said "Judge, I'm trying to establish the fact that, at the scene of the accident, this man told the highway patrolman on the scene that he was just fine. Now several weeks after the accident he is trying to sue my client. I believe he is a fraud. Please tell him to simply answer the question."

By this time the judge was fairly interested in Clyde's answer and said to the lawyer "I'd like to hear what he has to say about his favorite mule, Bessie."

Clyde thanked the judge and proceeded.

"Well as I was saying, I had just loaded Bessie, my favorite mule, into the trailer and was driving down the highway when this huge semi-truck and trailer ran the stop sign and smacked my truck right in the side. I was thrown into one ditch and Bessie was thrown into the other. I was hurting real bad and didn't want to move. However, I could hear old Bessie moaning and groaning. I knew she was in terrible shape just by her groans.

When the highway patrolman came on the scene he could hear Bessie moaning and groaning so he went over to her. After he looked at her and saw her near fatal condition, he took out his gun and shot her between the eyes.

Then the patrolman came across the road, gun still in hand, looked at me and said, 'How are you feeling?'

Now what the **** would you say?">
 

jfalkingham

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Ok great. Figure out your states statute of limitations and wait it out. It's 3 years in NH and I did not get an attorney until 2 years in I knew it was not going to be an immediate fix. The car is but one piece of the whole picture. Having an impact on my wife and 3 little kids was the bigger problem that a new car would not solve.

You'll be made whole, just give it some good ol' Carly Simon Anticipation

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scrantch

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Thanks everyone for good opinions. I just got a message from ins to call back and an email saying i may be looking for a new car. They haven't returned my call yet but sounds like it's totaled.
Now, I see 2018's in the mid 30's online. What's fair for a car sitting on a lot for 2years plus? Got quoted 37770 plus tax. said their cost was 44000+ and ford would give 5500 off. I bought it in Dec. for 35500. it was a year old then
 

Jeff2017

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Thanks everyone for good opinions. I just got a message from ins to call back and an email saying i may be looking for a new car. They haven't returned my call yet but sounds like it's totaled.
Now, I see 2018's in the mid 30's online. What's fair for a car sitting on a lot for 2years plus? Got quoted 37770 plus tax. said their cost was 44000+ and ford would give 5500 off. I bought it in Dec. for 35500. it was a year old then
That is too high. A car sitting on the lot for 2 years is effectively a used car. SHO depreciate like crazy. I wouldn't pay over 30k.
 

SM105K

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That is too high. A car sitting on the lot for 2 years is effectively a used car. SHO depreciate like crazy. I wouldn't pay over 30k.

This is the correct answer. Be shrewd and they will move.
 

scrantch

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So you guys think i should pay less that the KBB retail value with 10k on it? It's new with 60 miles 5/60 guarantee. You find a new magnetic 2018 with pp, roof window, and voice activated gps, delivered within 200 miles of western Mass. for 30k and I'll send you a check for 2k, seriously.
 

scrantch

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That's if they total my car, of course. I haven't found that out for sure yet. The repair quote is 26k + so with salvage value it should be totaled.
 

scrantch

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Hey! That's a good business for one of you hotshots to start up. A professional negotiator.
 

Angrymongoose

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A car that's sitting on the lot for 2 years is not new, no matter how many miles it doesn't have. Everything on it has been aging and deteriorating for at least 2 years.
Just because KBB says one thing does not mean that that is the market value of the car. **** if it were right then this thing wouldn't have sat that long already.
Granted these cars are harder and harder to find for those of us that want them. Also if you're not going to pick it up why does the delivery distance matter? Heck I drove nearly 300 one way to get mine.
 

SM105K

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A car that's sitting on the lot for 2 years is not new, no matter how many miles it doesn't have. Everything on it has been aging and deteriorating for at least 2 years.
Just because KBB says one thing does not mean that that is the market value of the car. **** if it were right then this thing wouldn't have sat that long already.
Granted these cars are harder and harder to find for those of us that want them. Also if you're not going to pick it up why does the delivery distance matter? Heck I drove nearly 300 one way to get mine.

I agree. I flew to the next state and drove back almost 400 miles to pick up mine.
 

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