My VW sacrificed itself to save me/daughter yesterday

The attorneys are still going to charge all of their expenses to the victim's part of the settlement. These expenses can be pretty substantial. In many cases the victim is lucky to get half.
My 2 prior incidents were a straight 1/3-2/3. Fees were minimal, like mailing and copies, and stuff like that. $70 or so
 
In the past, while negotiating with an adjuster after being rear-ended, I brought up the option of hiring a lawyer and they responded with how that wasn't a good idea because the lawyer would soak up a lot of the money. I responded by saying that was true but then we would have to demand a lot more to compensate for that. He didn't have much response to that and gave me what I was asking for at that point.
 
Unfortunately this isn't my first go 'round and I have used an attorney before. I have pre-existing conditions in my neck from previous wrecks that this one darn-sure exasperated. Not sure what to do here though.
Don't mention any pre-existing conditions in the deposition; you'll lose lots of money.
 
In the past, while negotiating with an adjuster after being rear-ended, I brought up the option of hiring a lawyer and they responded with how that wasn't a good idea because the lawyer would soak up a lot of the money. I responded by saying that was true but then we would have to demand a lot more to compensate for that. He didn't have much response to that and gave me what I was asking for at that point.
Make sure they know you are more than willing to take time off from work/ whatever it takes to get what's just.
 
That was the factory warranty in 2019. The last year for it
Glad everyone is ok that looks like a bad wreck. As far as warranty is concerned new VW is 4yr which would run out in 2028 while the six year on a 2019 would run out 2025. Even a CPO Jetta would give you more warranty than 2025. As for the insurance rate subsidizing your new auto loan rate I don't think that will happen. If it does please let us know!!
 
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Glad you both walked away from it.

My wife had an almost identical crash a few years ago. Injuries like you are describing. A lot of her problems arose days and weeks after the crash. She suffers permanent effects from it.
We wound up having to get an attorney to deal with it all.

I didn't want to go that route but I am glad we did. Insurance was going to try to jerk us around and do little.

Get an attorney. You don't know what the long term effects on your body will be. Right now your body is running on adrenaline and you don't know the full extent of your injuries. Document EVERYTHING. Do not talk to the other persons insurance company. Get your attorney to do that. Do not look for a quick bodily injury settlement. You have about three years to see what happens to you physically and emotionally. Get an attorney that specializes in this type of situation.

It was about two years before we realized the full time effects of the collision.

Again I didn't want to go the lawyer route but I am so glad that I did. I found that an attorney is a very valuable asset to have in your corner.

I wish you and your daughter the best.
Good advice. In NJ an adult has two years to file and a minor has two years or until they turn 18, whichever is longer.
 
I would like to be as educated as I can when dealing with the insurance crooks.
You don't have to accept the insurance companies total loss offer. Insurance companies use valuations services such as c c c that often undervalue vehicles. This is understandable from the ins co perspective, it's all about saving money. Your recourse would be to invoke your appraisal clause and hire a licensed public adjuster to negotiate the vehicles value on your behalf. Licensed public adjusters charge $300 - $400, so it might be worth it if you feel the value is way off, usually a free consult is in order to see if you qualify.
In the past, while negotiating with an adjuster after being rear-ended, I brought up the option of hiring a lawyer and they responded with how that wasn't a good idea because the lawyer would soak up a lot of the money. I responded by saying that was true but then we would have to demand a lot more to compensate for that. He didn't have much response to that and gave me what I was asking for at that point.
That is a great tactic and I'm glad it worked for you. As an adjuster it's been tried on me countless times and I always said, "OK, have them give me a call". Never received a call, but that depends on the company. As an adjuster we aren't supposed to change the valuation without a valid reason, it must be reflective of the vehicles intrinsic value like an option that was missed. Valuations are based on state mandated guidelines and just making numbers up or inflating a value can actually be considered unfair claims practice. The only real way to dispute a value is by having a licensed public adjuster talk to your insurance co through the appraisal clause process.

So neither company (his-Auto Owners, mine Progressive) will issue a rental car. FML
I presume this is because the policy does not have rental coverage and liability has not been determined.

The claim is probably being escalated to a higher level examiner specializing in more complex accidents. They are most likely overloaded with work and you'll have a new car by the time they have time to review the police report and decide who is at fault, even if it is obvious.

What you should do:

  • Document your out of pocket expenses, get a cost effective rental if you need one.
  • If your vehicle is in a tow yard, empty it out and reset your garage door opener / radio / nav settings.
  • Make sure to sign the release for the towing and storage so the insurance co can take your vehicle quickly without being charged additional storage which might be charged against you if you drag your feet.
  • Don't file with the at fault company, it will take forever, just go with your 1st party coverage.
  • Be careful what you say to the other insurance company, it's best not to say anything other than "talk to my attorney". The calls are recorded.
  • Set the expectation that this process will take a while and that everyone is incompetent. Document all your communication.
  • Take care of yourself and think positive, I hope you and your daughter recover 100%, us BITOGs are a tough and resilient bunch!
 
You don't have to accept the insurance companies total loss offer. Insurance companies use valuations services such as c c c that often undervalue vehicles. This is understandable from the ins co perspective, it's all about saving money. Your recourse would be to invoke your appraisal clause and hire a licensed public adjuster to negotiate the vehicles value on your behalf. Licensed public adjusters charge $300 - $400, so it might be worth it if you feel the value is way off, usually a free consult is in order to see if you qualify.

That is a great tactic and I'm glad it worked for you. As an adjuster it's been tried on me countless times and I always said, "OK, have them give me a call". Never received a call, but that depends on the company. As an adjuster we aren't supposed to change the valuation without a valid reason, it must be reflective of the vehicles intrinsic value like an option that was missed. Valuations are based on state mandated guidelines and just making numbers up or inflating a value can actually be considered unfair claims practice. The only real way to dispute a value is by having a licensed public adjuster talk to your insurance co through the appraisal clause process.


I presume this is because the policy does not have rental coverage and liability has not been determined.

The claim is probably being escalated to a higher level examiner specializing in more complex accidents. They are most likely overloaded with work and you'll have a new car by the time they have time to review the police report and decide who is at fault, even if it is obvious.

What you should do:

  • Document your out of pocket expenses, get a cost effective rental if you need one.
  • If your vehicle is in a tow yard, empty it out and reset your garage door opener / radio / nav settings.
  • Make sure to sign the release for the towing and storage so the insurance co can take your vehicle quickly without being charged additional storage which might be charged against you if you drag your feet.
  • Don't file with the at fault company, it will take forever, just go with your 1st party coverage.
  • Be careful what you say to the other insurance company, it's best not to say anything other than "talk to my attorney". The calls are recorded.
  • Set the expectation that this process will take a while and that everyone is incompetent. Document all your communication.
  • Take care of yourself and think positive, I hope you and your daughter recover 100%, us BITOGs are a tough and resilient bunch!
Liability is determined. He was issued a ticket.
 
Liability is determined. He was issued a ticket.

The other insurance company likely doesn’t have the police report yet. They may not have spoken with their policy holder to confirm what happened (odd I know, but it happens). The policy may have excluded drivers so they need to verify who was driving and what happened before accepting liability. I’d proceed with your own coverage and document any out of pocket costs if you need to rent something so you can hopefully get reimbursed by the other company assuming they have coverage and accept liability.

Don’t invoke the appraisal clause yet, wait and see what they offer but do your own research to get an idea of what the car is worth.

All of this is a giant pain but you and your daughter are ok so the car will all get worked out.
 
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