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Old 08-15-2018, 08:56 PM #1
Whammy Whammy is offline
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Need Advice: Frame Damage From Accident and Frame Rust

Hello all,

I am in need of advice as I have been put in an unfortunate situation. Almost two months ago my 4runner was involved in a rear end collision. At first look, it appeared there was not a lot of damage to the vehicle. Fast forward to this week where I am having a bodyshop perform the repair. After disassembling the rear end, additional damage has been found.

It appears that the rear crossmember was bent during the accident. The bodyshop submitted at additional claim for the damage. However, there is a problem. If a new rear crossmember was put onto the vehicle, there would be no way to weld the crossmember to the frame due to the amount of rust that exists. At this point, there is a major safety issue with the vehicle in that the vehicle cannot be properly repaired. Should the vehicle be in another rear end collision, there is not way to tell how the frame would hold up.

At this point, I am at a loss at what to do. I do not know yet at this point what the other party's insurance is willing to do. What should I do? What should I ask the insurance company to do considering this is a major safety issue and that the frame cannot be properly repaired?

Thanks in advance!
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Old 08-15-2018, 09:03 PM #2
rhoyneriver rhoyneriver is offline
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I don't know if this is the optimal route, but you could always see if your own insurance company will act on your behalf and pay for the repair, and seek reimbursement from the responsible party's insurance
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Old 08-15-2018, 09:40 PM #3
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The repair cost is still under whatever threshold your insurance company set before it's considered totaled? Seems like if the body shop tells the insurance company that it can't be welded in a safe manner, they would total it.
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Old 08-15-2018, 10:56 PM #4
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I would consider this a blessing in disguise...

With rust the general longevity and saftey is already in question. A savvy buyer would find the rust, and you would have a hard time selling it.

Get it totaled out and move on.

Just make sure you don't get the short end of the stick... I would at least ask for the cashed out value and cost of repair.

It's not your insurance company on the hook for the tab... have them fight for you. Hopefully you have a good agent,

Last edited by Bumbo; 08-16-2018 at 02:25 PM. Reason: Spelling
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Old 08-16-2018, 10:49 AM #5
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Quote:
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I would consider this a blessing in disguise...

With rust the general longevity and saftey is already in question. A savvy buyer would find the rust, and you would have a time time selling it.

Get it totaled out and move on.

Just make sure you don't get the short end of the stick... I would at least ask for the cashed out value and cost of repair.

It's not your insurance company on the hook for the tab... have them fight for you. Hopefully you have a good agent,
As I think about it more, getting the vehicle totaled is the best path forward. I do not see a situation where the vehicle would be safe enough to drive.
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Old 08-16-2018, 10:55 AM #6
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I agree with everyone saying it is the best path to have it totaled, get a fair offer and move on as trying to repair that damage and that rust is not worth it.

I Hope all works out well for you and your next 4Runner is a great one good luck.
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Old 08-16-2018, 11:11 AM #7
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A link to share with your insurance agent:

https://www.carcomplaints.com/Toyota...orrosion.shtml

Hope it gets resolved in your favor, and you get a fresh start in another 4Runner.
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Old 08-16-2018, 12:16 PM #8
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Also, don't just negotiate with the other insurance company for the blue book value of the vehicle. That's what they'll try to settle for, but your losses are greater than that. Their driver was at fault, and you have a liability claim against them for vehicle replacement, lost time dealing with this, loss of vehicle use until you get another vehicle of similar capability, and just general aggravation factor, none of which was your fault. This is not the same as a collision damage claim to your own insurance company if you slide on ice and run into a lamp pole.

I would ask for, at a minimum, the high side of the vehicle value PLUS about $3000 for all of those other factors.
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Old 08-16-2018, 03:33 PM #9
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Quote:
Originally Posted by RonJR View Post
Also, don't just negotiate with the other insurance company for the blue book value of the vehicle. That's what they'll try to settle for, but your losses are greater than that. Their driver was at fault, and you have a liability claim against them for vehicle replacement, lost time dealing with this, loss of vehicle use until you get another vehicle of similar capability, and just general aggravation factor, none of which was your fault. This is not the same as a collision damage claim to your own insurance company if you slide on ice and run into a lamp pole.

I would ask for, at a minimum, the high side of the vehicle value PLUS about $3000 for all of those other factors.
Thanks Ron for the info. I agree I am not going to just let them give me whatever they want. My thought is that the conversation needs to be steering towards totaling the vehicle as the vehicle cannot be repaired to a safe condition.
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Old 08-16-2018, 06:17 PM #10
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Quote:
Originally Posted by Whammy View Post

It appears that the rear crossmember was bent during the accident. The bodyshop submitted at additional claim for the damage. However, there is a problem. If a new rear crossmember was put onto the vehicle, there would be no way to weld the crossmember to the frame due to the amount of rust that exists. At this point, there is a major safety issue with the vehicle in that the vehicle cannot be properly repaired.
Seems best to get your best settlement and move on. You may have a fight on your hands. The other insurance company will argue that it's not their responsibility to give you top dollar for a vehicle on which the frame was already highly degraded. The bent crossmember was a result of the accident. The inability to repair is a result of the preexisting condition.

Good luck.
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Old 08-21-2018, 12:19 PM #11
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Today I received a decision from the other party's insurance. It appears I have a fight on my hands. It appears the insurance company wants to walk away from any responsibility due to the vehicle not being able to be repaired.
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Old 08-29-2018, 07:46 PM #12
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file a complaint with NHTSA about the frame rot. We need all the complaints we can get so hopefully Toyota will repair/replace/buy out
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