Need some advice - Got rear ended
11-26-2008, 11:00 AM
#1
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Need some advice - Got rear ended
I got rear ended Oct. 30th on my way home from work. I was at a complete stop waiting to make a left turn. The guy behind me had plenty of room to stop... he wasn't paying attention and slammed into the back of my car. He said he wasn't paying attention and was putting something in his visor.
I filed a claim with his insurance. He works for Bi-Lo/Bruno grocery stores. His insurance passed the claim to a local insurance company. An adjuster came out and looked at the damage while I was training at the police academy. Few days later i got some paperwork in the mail and they want me to sign a "release of all claims" form before they'll mail me the check for the damages. Right now they are only estimating how much it'll cost to replace the bumper. They said if there is damage behind the bumper, an adjuster will have to come back out and look at the additional damage. My only concern is the letter they want me to sign and notarize. They gave me 30 days to mail it back to them (by Dec. 5). I have insurance through Geico. Took it to one of their adjusters. He said I'd have to pay my $500 deductible and they'd give me about $300. I really don't want to have to pay out of pocket to have it fixed, but I also don't want to sign that form and mail it to them. It pretty much says I won't sue them if there are any other problems with the car in the future or if any medical issues arise. I hit my head hard on the back of the headrest.. the little plastic rotary part. I saw him coming from my rear view mirror and tensed up. EMS came and checked me out but I didnt want to go to the hospital and wait around for hours to be seen. I ended up having headaches for a week.
So, any advice on what I should do? Do I HAVE to sign that release form before they'll mail me the check? That's what the liability guy said but I don't think that's fair.
I filed a claim with his insurance. He works for Bi-Lo/Bruno grocery stores. His insurance passed the claim to a local insurance company. An adjuster came out and looked at the damage while I was training at the police academy. Few days later i got some paperwork in the mail and they want me to sign a "release of all claims" form before they'll mail me the check for the damages. Right now they are only estimating how much it'll cost to replace the bumper. They said if there is damage behind the bumper, an adjuster will have to come back out and look at the additional damage. My only concern is the letter they want me to sign and notarize. They gave me 30 days to mail it back to them (by Dec. 5). I have insurance through Geico. Took it to one of their adjusters. He said I'd have to pay my $500 deductible and they'd give me about $300. I really don't want to have to pay out of pocket to have it fixed, but I also don't want to sign that form and mail it to them. It pretty much says I won't sue them if there are any other problems with the car in the future or if any medical issues arise. I hit my head hard on the back of the headrest.. the little plastic rotary part. I saw him coming from my rear view mirror and tensed up. EMS came and checked me out but I didnt want to go to the hospital and wait around for hours to be seen. I ended up having headaches for a week.
So, any advice on what I should do? Do I HAVE to sign that release form before they'll mail me the check? That's what the liability guy said but I don't think that's fair.
11-26-2008, 11:11 AM
#2
Talk to a lawyer, the first consolation is usually free. It looks like you are going to have use your insurance company (Geico?) to pay out of pocket initially, then get reimbursed. You talked to your adjuster, what did they say about the other companies paperwork?(rhetorical question) Since it's the other guys fault, your company and their lawyers should work for you.
11-26-2008, 11:29 AM
#3
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Talk to a lawyer, the first consolation is usually free. It looks like you are going to have use your insurance company (Geico?) to pay out of pocket initially, then get reimbursed. You talked to your adjuster, what did they say about the other companies paperwork?(rhetorical question) Since it's the other guys fault, your company and their lawyers should work for you.
11-26-2008, 11:43 AM
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If I go through the other driver's insurance company, they're quoting aftermarket parts and told me they'd give me a check for $974. But they won't give me the check until I send that Release of all Claims paper back to them. They never said anything about Diminished Value either. I didn't even know what that was until I talked to my insurance company.
11-26-2008, 11:49 AM
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Vtak just kicked in yo!!
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I say get a lawyer. 974 is probably enought to cover the back bumper and nothing else let alone the injuries you sustained as well as the additional damage you discovered.
11-26-2008, 11:57 AM
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11-26-2008, 11:59 AM
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Vtak just kicked in yo!!
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I'm thinking about going through a lawyer too. The release of claims form says if there's additional damage then I won't hold that guys insurance company liable for it. But they told me if there was additional damage behind the bumper, then they would cover it. It seems like the release form kind of cancels that out though because I have a feeling they'll say "oh well you signed that release form saying we werent accountable for the additional damage..." blah blah.. I just want my car fixed the right way.
11-26-2008, 12:12 PM
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That's what I thought. Even though the estimates show less than $1000. He hit me going more than 55 mph. I was at a complete stop. There has to be some sort of damage behind the bumper. I wish they'd just let me take it to a body shop and let the shop take the bumper off and give me an estimate for repairs and then just honor that amount. But I know they want to pay as less as possible.
My Lieutenant recommended a body shop around here. He's recommended it to a few others as well and they've been very pleased with the work and service they received. I left the guy a message so hopefully he'll call me back soon and I can take my car in and have him look at it today.
My Lieutenant recommended a body shop around here. He's recommended it to a few others as well and they've been very pleased with the work and service they received. I left the guy a message so hopefully he'll call me back soon and I can take my car in and have him look at it today.
11-26-2008, 12:14 PM
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That's what I thought. Even though the estimates show less than $1000. He hit me going more than 55 mph. I was at a complete stop. There has to be some sort of damage behind the bumper. I wish they'd just let me take it to a body shop and let the shop take the bumper off and give me an estimate for repairs and then just honor that amount. But I know they want to pay as less as possible.
My Lieutenant recommended a body shop around here. He's recommended it to a few others as well and they've been very pleased with the work and service they received. I left the guy a message so hopefully he'll call me back soon and I can take my car in and have him look at it today.
My Lieutenant recommended a body shop around here. He's recommended it to a few others as well and they've been very pleased with the work and service they received. I left the guy a message so hopefully he'll call me back soon and I can take my car in and have him look at it today.
And your car isnt totaled? Dont you need bumper, trunk, quarter panels, etc. Or was that a slight exageration?Post pics if you can......
11-26-2008, 12:16 PM
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11-26-2008, 12:19 PM
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Speed limit on that street is 55mph. It's on the police report. And I definitely felt way more than a slight tap. So, I'm not exaggerating.
11-26-2008, 12:21 PM
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In their estimate they did put quarter panels on there. The bumper and everything below it is messed up. The Geico adjuster got under the car as far as he could and said there looks like theres damage behind the bumper but there was too much plastic in the way to tell exactly how much.. that's what he said.
Speed limit on that street is 55mph. It's on the police report. And I definitely felt way more than a slight tap. So, I'm not exaggerating.
Speed limit on that street is 55mph. It's on the police report. And I definitely felt way more than a slight tap. So, I'm not exaggerating.
11-26-2008, 12:57 PM
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I'm headed to the body shop right now. Hopefully I'll get it all figured out.
I asked the other driver's insurance about diminished value since they have not mentioned anything to me... and probably wouldn't have on their own. The guy said that the age of my vehicle is at issue (it's an '04), but they'd offer me 10% of repair costs as a settlement for diminished value.
I asked the other driver's insurance about diminished value since they have not mentioned anything to me... and probably wouldn't have on their own. The guy said that the age of my vehicle is at issue (it's an '04), but they'd offer me 10% of repair costs as a settlement for diminished value.
Last edited by shabs84; 11-26-2008 at 12:59 PM. Reason: to add year of car
11-26-2008, 01:08 PM
#19
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Don't sign a release. Consult with a lawyer.
Short of consulting with a lawyer, front the $500 and let GEICO work with the body shop on the repair. You'll eventually get your $500 back. GEICO will be even fairer than usual because they'll know they'll be collecting from the other company.
Ken
Short of consulting with a lawyer, front the $500 and let GEICO work with the body shop on the repair. You'll eventually get your $500 back. GEICO will be even fairer than usual because they'll know they'll be collecting from the other company.
Ken
11-26-2008, 02:37 PM
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Don't sign a release. Consult with a lawyer.
Short of consulting with a lawyer, front the $500 and let GEICO work with the body shop on the repair. You'll eventually get your $500 back. GEICO will be even fairer than usual because they'll know they'll be collecting from the other company.
Ken
Short of consulting with a lawyer, front the $500 and let GEICO work with the body shop on the repair. You'll eventually get your $500 back. GEICO will be even fairer than usual because they'll know they'll be collecting from the other company.
Ken
Thanks for the help guys.
11-26-2008, 03:23 PM
#21
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I got rear ended in my '8 (by an idiot in a neon) and the only damage visible on the car was that there were a couple of dings in the plastic of the bumper cover.
But under the cover, there ended up being almost $6000 worth of damage.
Luckily Mazda did a great design on the crumple zone in there and there was zero damage to the uni-body frame, but the whole bumper support and frame sections for it were bent and damaged.
Mind you there was nothing wrong with the trunk, lights, or side body and the lazer frame machine showed 0 changes in the suspension or body dimensions. The damage was under the bumper.
So if the impact was even marginal, you need to take it too a body shop and have it checked out by removing the bumper assembly.
Do not sign a release, from any insurance company until your car has been fully repaired to your standards and you have been checked out and cleared by a doctor again.
The body shop will bill your insurance company unless the other company is involved, so when you take your car in, use the other insurance company's contact and case numbers. Tell the body shop that the insurance company is the guys that hit you insurance.
Skip getting your company involved as much as possible because they will work out a deal with the guy that hit you's insurance so that both insurance companies make out just fine, but you and your car may never be fine again.
But under the cover, there ended up being almost $6000 worth of damage.
Luckily Mazda did a great design on the crumple zone in there and there was zero damage to the uni-body frame, but the whole bumper support and frame sections for it were bent and damaged.
Mind you there was nothing wrong with the trunk, lights, or side body and the lazer frame machine showed 0 changes in the suspension or body dimensions. The damage was under the bumper.
So if the impact was even marginal, you need to take it too a body shop and have it checked out by removing the bumper assembly.
Do not sign a release, from any insurance company until your car has been fully repaired to your standards and you have been checked out and cleared by a doctor again.
The body shop will bill your insurance company unless the other company is involved, so when you take your car in, use the other insurance company's contact and case numbers. Tell the body shop that the insurance company is the guys that hit you insurance.
Skip getting your company involved as much as possible because they will work out a deal with the guy that hit you's insurance so that both insurance companies make out just fine, but you and your car may never be fine again.
11-26-2008, 03:35 PM
#22
Rotary Powered Countryboy
yeah in an accident you are supposed to go to a body shop and get an estimate written and the insurance company is supposed to cover it not guess and make you sign a release form....
11-26-2008, 03:44 PM
#23
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"release of all claims"
For the love of god and all that is holy don't EVER sign something that says "release of all claims".
That means you free them of responsibility for fixing your car. If you signed that and returned it, they could pay you nothing.
Pay the 200 bucks for your deductible and have your insurance take care of this. This other guys insurance company is shady. Do not trust em.
For the love of god and all that is holy don't EVER sign something that says "release of all claims".
That means you free them of responsibility for fixing your car. If you signed that and returned it, they could pay you nothing.
Pay the 200 bucks for your deductible and have your insurance take care of this. This other guys insurance company is shady. Do not trust em.
11-26-2008, 07:40 PM
#24
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I got rear ended in my '8 (by an idiot in a neon) and the only damage visible on the car was that there were a couple of dings in the plastic of the bumper cover.
But under the cover, there ended up being almost $6000 worth of damage.
Luckily Mazda did a great design on the crumple zone in there and there was zero damage to the uni-body frame, but the whole bumper support and frame sections for it were bent and damaged.
Mind you there was nothing wrong with the trunk, lights, or side body and the lazer frame machine showed 0 changes in the suspension or body dimensions. The damage was under the bumper.
So if the impact was even marginal, you need to take it too a body shop and have it checked out by removing the bumper assembly.
Do not sign a release, from any insurance company until your car has been fully repaired to your standards and you have been checked out and cleared by a doctor again.
The body shop will bill your insurance company unless the other company is involved, so when you take your car in, use the other insurance company's contact and case numbers. Tell the body shop that the insurance company is the guys that hit you insurance.
Skip getting your company involved as much as possible because they will work out a deal with the guy that hit you's insurance so that both insurance companies make out just fine, but you and your car may never be fine again.
But under the cover, there ended up being almost $6000 worth of damage.
Luckily Mazda did a great design on the crumple zone in there and there was zero damage to the uni-body frame, but the whole bumper support and frame sections for it were bent and damaged.
Mind you there was nothing wrong with the trunk, lights, or side body and the lazer frame machine showed 0 changes in the suspension or body dimensions. The damage was under the bumper.
So if the impact was even marginal, you need to take it too a body shop and have it checked out by removing the bumper assembly.
Do not sign a release, from any insurance company until your car has been fully repaired to your standards and you have been checked out and cleared by a doctor again.
The body shop will bill your insurance company unless the other company is involved, so when you take your car in, use the other insurance company's contact and case numbers. Tell the body shop that the insurance company is the guys that hit you insurance.
Skip getting your company involved as much as possible because they will work out a deal with the guy that hit you's insurance so that both insurance companies make out just fine, but you and your car may never be fine again.
Visibly the damage is on the bumper and below. Before I got out of my car to assess the damage, I thought it would be a lot worse because of the speed of impact. He was in an Impala. From looking at the damage on his car, it looked like he hit under the bumper which caused my license plate to fold in half.
I'm supposed to take my car in next Thursday and the body shop said they'd put an order in for the bumper. He said it should take about a day to fix as long as there's no additional damage. Do they normally order refurbished/aftermarket ones or can I have them order one from Mazda?
11-26-2008, 07:45 PM
#25
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"release of all claims"
For the love of god and all that is holy don't EVER sign something that says "release of all claims".
That means you free them of responsibility for fixing your car. If you signed that and returned it, they could pay you nothing.
Pay the 200 bucks for your deductible and have your insurance take care of this. This other guys insurance company is shady. Do not trust em.
For the love of god and all that is holy don't EVER sign something that says "release of all claims".
That means you free them of responsibility for fixing your car. If you signed that and returned it, they could pay you nothing.
Pay the 200 bucks for your deductible and have your insurance take care of this. This other guys insurance company is shady. Do not trust em.
They seem shady and are not very helpful so I'm definitely not going to send that release form in. The very last line on the form says that "I/we sign the same as my/our free act." Which really isn't true since they won't send me the payment until I sign the form.
