:oops: God Help me..........I was in a 3 car wreck today..I was in the middle of a 3 car accordian.......stopped at a red light......guy in a truck bashed into me......I, therefore........was slammed into the truck in front......we all were fine....except......my rear end was plowed.......bent......shot to hell.........and my front end.......well, bent to hell........my radiator bursted and draining............and I'm praying that it is totaled when I meet with the insurance guys tomorrow...............anybody...I need moral support............ :cry:

The worst of all new-car bummers! Paulo Cuelho, in The Alchemist or The Manual for Warriors of Light, wrote that when we're delayed in the pursuit of our dreams, it's because angels are holding us back. The interruption in your schedule, and this set back (which sounds only monetary so far, because you didn't say a word about any physical injury) may have come to save you from something worse.

At the same time, insuance people are supposed to be cheap. Hang tough and hit them for the diminuation in value if they refuse to total the car. You can hire an appraiser to give you a written opinion as to the loss in value attendant to every major repair. And if you have any physical symptoms at all, be sure to tell the adjustor about them. You ought to hire an experienced personal injury lawyer to advise you on an hourly basis. He or she will no doubt tell you to make no settlement for at least six months after the injury, because severe symptoms might present themselves next month or thereafter.

Take lots of pictures. Of the car and of the intersection at the same time of day. Maybe your photos can capture any skid marks.

And start a pain log. Chances are you'll have some stiffness when you wake up.

Sorry, Bud. You got screwed through no fault of your own.

Thanks for your reply...I'm sitting here sick to my stomach...my Element was one week old to the day 3/3/03...and I loved it. As far as I can tell...the fellow who hit me (who fell out of his truck....wallered onto the road.with his seat belt intangeld arond him...) was fine.......just mentally challenged........and walked and drug his leg.....said the sun was in his eyes.......however, in the evening.....we were going east....sun settling in the west..........but the imporant factor is that we all were fine physically....although I didn't appreciate the joking around that "he only hits the best..yadda..yaddda." I just took it with the fact that he was mentally challenged and it was an accident....! Needless to say, the poor guy got a ticket..and I have a brand new vehicle that I cannot drive........I just hope it is totaled.........it will never be the same......and any adivce I can get by tomorrow is greatly appreciated....as I'm having a little distress from this....................thanks.

and I can see that I was in a hurry and mispelled some words..........sorry

Janet, I am so sorry to hear of your accident (my friends on Elite told me, as well as seeing it within the forum). All I can say is Hang in there.

You have my complete sympathy. I had my little fender bender 3 days after I got mine and that was a bif deal for me so I can only imagine how you feel.

I'm so sorry!!!
Dano

That just sucks. Glad no one got hurt.

Insurance companies are tuff to deal with. They are always going to try to get out as least expensively as possible.

I don't do personal injury, or criminal, so whatever help I can offer is just from the outside looking in.

As long as you are not hurt, the insurance should get you a new E. Depending on your state, they require that people carry insurance for the protection of other's property. That should help you out. I am sure you have collision.

Just be careful, many years ago, we had to sue our insurance company. We were rear ended by another car. We were stopped in a turn lane. This woman hit us square in the rear. Not that much damage, but the insurance companies gave us 50% of the fault. We had to take them to court to get our 50% back. How the hell they figured that a stopped car, in a turn lane, with directional on, was liable for 1/2 the damage when they were hit still boggles my mind. Yes, we did settle, and got what we wanted from the Insurance company. Sometimes you do have to fight for what is right.

Ouch... that really hurts. I couldn't think of a a crueler fate! I am truly sorry for your loss and can only hope that you insurance company treats you right. Thank goodness you were Ok, though. In these situations, I'm not too "look-on-the-bright-side" myself, but, hey, at least you still have your life, which is really what's important. Hugs all 'round.

I just returned from my Ins. company.......State Farm.....the fellow that rear-ended me said the sun was in his eyes, however, it was 5:10PM and we were heading east....sun was already in the west...but I guess that is beside the point of focus. The tow truck company that has my poor lonesome Element said he doubts if the ins. co. will total it.....I'm really miffed in a way because I got double wammy....from the rear and then I was shoved into the truck in front of me.........my radiator blew.....leaking all over the pavement....all scrunched in...the thing I'm dealing with in my mind is that the car has immediately lost value from that point of collision.......my ins. company can't do anything for me until they receive the police report.........??? I am faxing what I have to them this afternoon....I can already tell this is going to be a circus...and I'm going to end up in a mess. And, the toll truck people must have had a sleepover in my car, as it was all dirty on the driver's side.....etc....... :cry: I had to go over and get some personal items out of it. I'm wondering if I should go ahead and contact an accident attorney? I truly feel badly for the fellow that created this, as it was an accident......but I just got my Element and now it's not worth anything????? Thanks RML....I've learned a lot from you regarding this type of matter.........I certainly appreciate your advice...I'm not that educated in how these things progress, etc....and I'm the type of person that I will give in rather than be confrontive or assertive...but I think I need to be this time...!

Sorry to hear of your accident. As bad as it seems, in reality the only things that were damaged are replaceable. I used to have State Farm a long time ago and they were pretty good. If total cost to fix the care is greater than replace the car, that is pretty much how they decide. Not sure if this is true for all cars but there are allignment holes in the frames of many. It is one way to tell if the frame has been bent or twisted. If it has then the care should probably be replaced. I don't think anyone has gotten to the point of fixing a bent frame. I wish you the best of luck on this and again, as ugly/cute as it is, it's only metal and plastic. You were the most valuable thing in the car.

im sorry to hear about your accident. at least you are ok. hang in there brother.

My insurance is State Farm..which is really good...however, the fellow that hit me in the rear has an insurance that I've never heard of...better not say...don't want to get sued...and so far they are stating they are not paying for my undriveable Element's tow bill........and not paying for it to be on the lot where the tow company took it........and will let me know about paying for a rental after the adjustor comes...which they haven't set a date yet.....and I was hit Monday. The insurance claims person I spoke with 4 times today was very adamant about it.......told me to have my car towed to my house......???? I know I'm blessed with not being seriously injured and the two other trucks that were involved, everyone was fine...but now I have to deal with the reality of my Element being injured....and with having to deal not so well with the insurance company responsible for my compensation...arrrgggggg! :cry: Accidents happen!!!!

Please keep us posted. Also, it sounds like you may need legal help. I will be interested in if they try to blame you for hitting the truck in front. That is how it works in alberta. Anyway good luck.

Yes, you are right there - same thing in Ontario. They will tell people in a pileup like that they were following too close. Although I always question how you can follow too close when you are sitting at a stop light.

My heart goes out to our friend. My first motorbike was smashed up when someone cut me off. I never did find a bike like that first one again. On the positive side, I used the money from the accident to fund my first computer which has lead to a very successful career in IT.

Big hugs for <Stjohnsgypsy>

Iskie

Does State Farm know you had an accident? Reason I ask is my current insurance company (USAA) deals with the other insurance companies not me. USAA is the best insurance company I have ever delt with and maybe there is a difference but I would think State Farm would step in for you. Best of luck, Jake

Jake....I'm at the point of turning it over to State Farm...I was trying to deal with the insurance company that is responsible for reimbursement to me, etc., and they are not very compliant....I was close to tears...I talked to my State Farm agent, and he is going to contact the responsible ins. company tomorrow........I haven't given him the go-ahead to competely take over...but I think I surely will. I really need an advocate...I, not knowing what to do, assumed that I was to take care of everything since the accident was caused by the other fellow, and I that it was responsibility with taking care of dealing with the "foreign" insurance co. I'm sure learning slowly.........I'm just really sick about this...and not too educated in area! :?

Legal hat for a sec.

OK, the reason why the guy in the middle is blamed is because the guy in the back of the 3 car accident did not touch the car of the guy in the front. I know it does not make sense, but that is the law. You can only sue the person/car/insurance company that actually hit you.

3 car accident, the 1st 2 cars were stopped at a light. The 3rd does not stop and hits the 2nd, that hits the 1st. The 1st car will sue the 2nd, who will (legal term here) implede the 3rd car. What that means is if the courts find that the 2nd car hit the 1st car, it is the fault of the 3rd car. That does not mean that the 1st car can sue the 3rd car, it also does not mean that the 2nd car did not hit the 1st car. It only means if I am guiltiy, it is his fault. Only works in come cases. It will not work when you kill someone and say someone else made me do it. :evil: Sorry guys.

Anyway, so much for today's legal class.

Stjohnsgypsy- I would say you are right, turn it over to State Farm and tell your agent to take care of it. That is why you are paying collision. Your insurance company should pay you for the rental car (if your policy has it in there), and they should be dealing with things on your behalf. You have insurance to protect your investment in this vehicle.

You can and should be strong, and firm. This is what I want, I am entitled to it. I did not cause the accident, the 3rd car did, and I want to be made whole again. Any of your reasonable expenses should be taken care of, and paid for by your insurance. They will be paid back from the insurance company of the 3rd car.

Good luck, and keep your chin up.

I, too, have State Farm, and I'd love to hear how they treat you. I switched to them specifically because of their track record with customer service(certainly not because they're the cheapest, 'cause they're not!) I would definitely let them handle the whole ordeal...that's what you pay the big bucks for, and they are -much- better (and more experienced)at it than we are. Good luck, and keep us posted!

-Anthony

P.S. Does the Element even have a frame? Or is it a subframe/unibody setup? (I haven't crawled under mine yet, and I haven't heard anyone mention it, one way or the other)

Stjohnsgypsy,

:cry: I feel your PAIN. Look at my ride to the left. Fortunately for you, your insurance will cover it. I was an ass and had a lapse in my coverage (I didn't have comprehensive) and I have to pay for the repairs myself. The good thing to remember is that you and the people you were with were not hurt. Cars can be fixed, humans are a little trickier. Take care.

delas
www.helpmefixmycar.com

:poking head in on conversation:
The Element has a unibody construction...

Sorry to hear about your accident, Stjohnsgypsy. Accidents are no fun, and are a major pain in the ass. My wife was recently rear-ended and, luckily no one was hurt, but the frustration of getting everything straightened out was such a drag....

Sounds like you are having similar frustrations. Keep up the good fight, and don't ever let the matter rest until you are satisfied (my wife got her Accord back the other day and it was not very well done; she complained, they went out to look at it, and after a little while, they decided to get her another new bumper and redo the paint job...)

My lonesome Element is now being operated on by the Honda dealership's body shop.........I must say, State Farm insurance has been absoutely great............they have taken over competely, and have been very supportive....They took action after I gave them the go, and they were fast at it. If there is any fighting to be done with the insurance company of the fellow who hit me, they will do it....the only thing I have to do is deal with getting reimbursed for the rental that I have now.....arrrggg.......however, I do have an attorney (just doing me a favor and not charging me) to help me deal with that in case the other insurance refuses, which they have suggested that they would only allow me $20.00 a day for renting a car.....and that was not possible in my area. As I said, State Farm has been 100% considerate and helpful in easing my pain!!! This has just been a major aggravation to me...however, it was a "good accident," as no one was injured. Just a royal pain in the :!: The body shop has kept in touch with me and the manager said that he guarantees his work 100% and they will make it just like it was.......went ahead and ordered the side-rails while they have it. Hope to have my E back home soon!

Hi Janet, how are you after the accident? I just want to follow up. I also have State Farm, and every problem I have had (I have had a cb, and now a ham radio, and freaks want to break in and steal it )has been taken care of with utmost dispatch by my agent, who is the best! :!: Any problem I have, State Farm is "Johnny-on-the-Spot" and will take care of everything. And by the way, both my agent and her hubby just LOVE my Element :!:

Have a good one.

:cry:

Sorry to hear. Glad you're physically fine. Post some pics if you can...

:P Well, I finally got my Element back.....it seemed like I never had one......and Jer, State Farm is Johnny on the Spot! I wish I could post pictures.......need the camera to do this! I can't tell anything happened to it.......it seemed like I was getting a brand new car again, as I had only had it a week before the incident. $4540.00 total cost....for damages. Not counting towing and rental car... I drove it for 50 miles before I signed the papers at the body shop for them to turn over to ins. for reimbursement. To me, it was perfect....I even had the guy at the body shop to drive it home the previous evening so he could test it...that's how much I trusted him. It was a "good accident," only because no one was hurt............just a royal pain in the rear! I love driving it......it's a blast! Thanks for all the support from everyone who replied..........it really does help ease the pain!

I am so sorry to hear about your trials and tribulations, and know how disheartening it is when a new car is wrecked (been there-done that). I'm not sure how insurance companies work where you live but here (in Florida), when I was hit by another car and the driver was given a ticket, my insurance company considered that proof that he was at fault and I received a rental car less than an hour after the accident(!). The car was towed directly to the insurance company's recommended body shop. I saw an adjuster the same night! He actually had a check in his hand for the estimated damages. You have an advantage here(if you can call it that?). You may have some injuries that you aren't yet aware of. Don't sign any waivers! Be firm with your insurance company and don't hesitate to use the "L" word if needed ("lawyer"). They may need to hear that. Sounds like the damage is pretty significant. I think you ultimately have the right to refuse the car even after it's been repaired on the basis of not feeling it is safe now that it has been hit and repaired.
Don't let them push you around! And thank God you weren't hurt badly! Best of luck! We're with you!

:oops: well, here it is........and I still don't have reimbursement for the rental car that I had to utilize while my Element was in surgery.......guess I should go to the L word and just bloody do it..................my rental was close to $500.00 of course, on my policy, it wasn't covered........but I am hoping that the guy who rear-got me........I hope his ins. will cover it......I just am tired of this................makes me sleepy.....but it's such a pain in the royal ass..............guess I will have to call my attorney Monday to get his support and get the ball rolling...................arrggg