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Old 08-22-2019, 04:38 PM #46
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Quote:
Originally Posted by cb1111 View Post
Car accident + not your fault + significant damage + injuries = lawyer.

WTF is so hard about that? They may take a part of the settlement but they will - almost without exception - still get you more money than you would get without a lawyer.

Yes, it is hard to justify "what???? They're getting 30% for a few phone calls and a letter or two", but you've got to get over that and look at the $21k settlement with a lawyer (so $14k to you) is better than the $10k you might get without a lawyer.

Further, the first thing a lawyer will tell you is to stop posting - but that doesn't mean that you can't come back with "here's my new ride"
How should one approach selecting a good accident / injury lawyer? I hate just to go off of Yelp reviews because of all the shills.
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Old 08-22-2019, 05:54 PM #47
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Lawyer up.
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Old 08-22-2019, 06:24 PM #48
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Been following this thread... I called a lawyer when this happened to me. It was a lawyer I was already paying for another issue, so had an existing relationship. I had scrapes and a bruise. Not my fault, witnesses present, favorable police report and a totaled 4runner (airbags deployed).My consul said it will cost $3000 to get started.

He will ask are you hurt. That is the money question.

I said just a bruise and scrapes. He didn't think there was a payout beyond what I'd get without his help. He gave me some tips about fair value, not accepting an offer I didn't think was fair. Using nearby comparable vehicles to make my point about value. Some of the same stuff said in this thread. Progressive (other driver insurance) tried to show me 4runners 200 miles away with 50,000 more miles as comps, no way! Your comps are brand new $runners so show them your comps when they show theirs.

I got an extra $500 from the other driver's insurance for the bruise and scrapes. I had to push hard to get fair value for my 2008 4runner ($15,500) Other driver had Progressive. I guess I could have demanded $1000 for the bruise, but it was just a 5 inch bruise and I wanted to be fair. I was lucky not to be hurt beyond that!

My point is lawyers are expensive and unless there is a big personal injury payout on the horizon, it just does't pay to get a lawyer. It sucks but that is the economics of the situation. If the OP is hurt then by all means go the personal injury route. But if it's mainly the auto repair just push hard for fair value, get estimates from expensive repair shops and don't take no for answer. If the conversation about value stalls, say let's talk tomorrow. Time is your best negotiation tool. You have to have more of it than they do. Get a rental if you need to, pay out of pocket, you will get reimbursed if the accident is their fault, its called Subrogation.

You need to get your 4runner totaled. Sounds like the driveline issues will total it. Be patient. Insurance will push back hard because it's brand new. You have the power to say no, no no until they agree. Put yourself in a position where you have time to wait. They will get ready to settle 30 days after the accident as they have more motivation to close a deal than you. You are in a position of power because this was not your fault.
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Last edited by badattitude; 08-22-2019 at 06:27 PM.
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Old 08-22-2019, 07:27 PM #49
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Quote:
Originally Posted by Hans Moleman View Post
How should one approach selecting a good accident / injury lawyer? I hate just to go off of Yelp reviews because of all the shills.
This is the difficult part. You need a lawyer that is well versed in vehicle accidents, but isn't an ambulance chaser.

Most large cities (LA, Chicago, DC and whatnot) will have sort of a regional magazine listing "the 10 best". For lawyers you can also always call the bar association.

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Originally Posted by badattitude View Post
Been following this thread... I called a lawyer when this happened to me. It was a lawyer I was already paying for another issue, so had an existing relationship. I had scrapes and a bruise. Not my fault, witnesses present, favorable police report and a totaled 4runner (airbags deployed).My consul said it will cost $3000 to get started.

He will ask are you hurt. That is the money question.

I said just a bruise and scrapes. He didn't think there was a payout beyond what I'd get without his help. He gave me some tips about fair value, not accepting an offer I didn't think was fair. Using nearby comparable vehicles to make my point about value. Some of the same stuff said in this thread. Progressive (other driver insurance) tried to show me 4runners 200 miles away with 50,000 more miles as comps, no way! Your comps are brand new $runners so show them your comps when they show theirs.

I got an extra $500 from the other driver's insurance for the bruise and scrapes. I had to push hard to get fair value for my 2008 4runner ($15,500) Other driver had Progressive. I guess I could have demanded $1000 for the bruise, but it was just a 5 inch bruise and I wanted to be fair. I was lucky not to be hurt beyond that!

My point is lawyers are expensive and unless there is a big personal injury payout on the horizon, it just does't pay to get a lawyer. It sucks but that is the economics of the situation. If the OP is hurt then by all means go the personal injury route. But if it's mainly the auto repair just push hard for fair value, get estimates from expensive repair shops and don't take no for answer. If the conversation about value stalls, say let's talk tomorrow. Time is your best negotiation tool. You have to have more of it than they do. Get a rental if you need to, pay out of pocket, you will get reimbursed if the accident is their fault, its called Subrogation.

You need to get your 4runner totaled. Sounds like the driveline issues will total it. Be patient. Insurance will push back hard because it's brand new. You have the power to say no, no no until they agree. Put yourself in a position where you have time to wait. They will get ready to settle 30 days after the accident as they have more motivation to close a deal than you. You are in a position of power because this was not your fault.
and this is what happens when you don't choose your lawyer wisely, because this one gave you very bad advice.

The first bad advice was not telling you to go to a specialist. You're in a bad accident and get your arm half ripped off. You have a buddy who is a podiatrist and he treats you instead of sending you to the ER. That's what you did and it cost you - probably $10k.

No car gets totaled (or nearly totaled) without some injury far worse than a bruise. Did you lose time off from work? Go to a doctor? Have a headache and feel lightheaded?

When I got hit 5 years ago going to work, I continued on but at the end of the day went to the ER where I was diagnosed with a concussion and whiplash. I ended up going to an attorney that (completely aside from any money) made me go to an orthopedic that actually treated my injury and helped me heal. Without her, I would have shrugged it off, but would still be in pain. As it is, I still get a twinge now and then and go back.
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Old 08-22-2019, 08:27 PM #50
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what part of indiana?
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Old 08-22-2019, 09:18 PM #51
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Don't accept recon'd wheels!

I had a firestone blowout on my other suv and it did 2k damage to the right rear of the truck, they used recon'd alloy OEM wheels from a major distributor of these wheels. Fast forward 7 years towing a 10k travel trailer and slowed in rush hour traffic from 65 mph. A few minutes of stop and go traffic and suddenly the truck would not accelerate, knew right away it was a flat tire. Got into a construction zone and saw that the entire bead flange had fractured then split circumferentially, I changed it out then drove to a local (out of town) discount tire. When the tire was broken down what did I find on the broken wheel? The labels from the refurbish company. I went round and round with the body shop, they pushed it off to wheel company. Also went rounds with the insurance company but both stated that too much time had passed to do anything about it. DO NOT ACCEPT THOSE WHEELS! 99% of them are most likely from wrecks where nobody can say if they are going to be okay. I told them both that wheels should be treated like any other safety item that should not be used.
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Old 08-23-2019, 08:21 AM #52
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Quote:
Originally Posted by CavPro View Post
Don't accept recon'd wheels!

I had a firestone blowout on my other suv and it did 2k damage to the right rear of the truck, they used recon'd alloy OEM wheels from a major distributor of these wheels. Fast forward 7 years towing a 10k travel trailer and slowed in rush hour traffic from 65 mph. A few minutes of stop and go traffic and suddenly the truck would not accelerate, knew right away it was a flat tire. Got into a construction zone and saw that the entire bead flange had fractured then split circumferentially, I changed it out then drove to a local (out of town) discount tire. When the tire was broken down what did I find on the broken wheel? The labels from the refurbish company. I went round and round with the body shop, they pushed it off to wheel company. Also went rounds with the insurance company but both stated that too much time had passed to do anything about it. DO NOT ACCEPT THOSE WHEELS! 99% of them are most likely from wrecks where nobody can say if they are going to be okay. I told them both that wheels should be treated like any other safety item that should not be used.
I definitely won't. I'm still waiting on the at fault person's adjuster to come get an estimate. My own insurance gave an estimate 3 days ago with recond. wheels and I expect Progressive to do the same.

If they don't budge in the end I'll pay the damn difference.

At this point, I just want to get repairs started. I appreciate everyone's advice on this.
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Old 08-23-2019, 08:21 AM #53
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what part of indiana?
Muncie
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Old 08-23-2019, 12:49 PM #54
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Damn, that's a drag. For what it's worth, I had a similar situation and the repair shop did find considerably more damage once they got into it—adding several thousand more to the repair cost.
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Old 10-22-2019, 03:48 PM #55
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Update - Diminished Value

Long post but worth the read if you are in a similar situation. I wanted to give an update on my diminished value claim. Once the 4Runner was repaired, I informed Progressive that I was pursuing a diminished value claim. Keep in mind in Indiana there is no set formula or legal requirement for diminished value.

I started out with a letter from my dealer stating diminished value along with a trade in offer from them showing the CarFax report with the significant accident on it. The dealer also gave an offer letter for an identical 2019 4Runner with no damage. Progressive rejected this and told me I actually had to sell or trade in my 4Runner to show that I actually lost value.

With that, I went a few steps further and did some research and Provided Progressive with the following information:
1. I obtained a purchase offer from CarMax in which they ran a CarFax and found the accident showing the price adjusted down for the accident.
2. I obtained a purchase offer from Carvana which also noted the accident and adjusted the price down.
3. Searched and found an identical used 2019 4Runner SR5 Premium with similar miles for sale that had a clean CarFax and printed that off.
4. Searched and found 4 2019 sr5 Premiums across the country with low miles with accident histories and printed off all of them showing far less sales prices than the clean 4Runners.

I submitted all of that and Progressive still refused any payout. I even escalated to the manager of claims and he stated that Progressives stance was that no payouts occur until the loss is actually realized by a sale or trade in.

Next step: I contacted the Indiana Bureau of Insurance to log an official complaint against Progressive outlining all of the information that I sent to Progressive. The Bureau of Insurance then sent a letter to Progressive giving them 20 days to respond...I did not see this letter but would certainly like to given my outcome.

Today I received a call from Progressive and they offered $2000 for diminished value. I accepted that offer.

So, bottom line is do your homework and stay with it. It's been a lot of phone calls, research and waiting but it paid off.
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Old 10-22-2019, 04:12 PM #56
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Quote:
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Probably last post here. I put it in 4 Wheel drive this morning and could tell something is bent...it wobbled pretty bad and binds up horribly making turns. And yes, I tested it out prior to buying and it was perfect.
Just throwing this out there, but your center transfer case doesn’t operate unlocked, meaning that it’s is supposed to wobble / bind up on high traction surfaces when making turns.

Unless you were on dirt, I would expect that from my 4WD system on pavement. If you were on dirt, or driving straight and got a bunch of that, then I would be concerned.

Glad you got it all sorted out too.
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Old 10-22-2019, 04:17 PM #57
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Just throwing this out there, but your center transfer case doesn’t operate unlocked, meaning that it’s is supposed to wobble / bind up on high traction surfaces when making turns.

Unless you were on dirt, I would expect that from my 4WD system on pavement. If you were on dirt, or driving straight and got a bunch of that, then I would be concerned.

Glad you got it all sorted out too.
Yeah, you are correct...it's fine...back to newbie status with an actual 4wd...coming back from an AWD so I forgot about the dry pavement wobble!
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Old 10-22-2019, 07:17 PM #58
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Ouch. That sucks. I hope you get a new vehicle out of this.

It did not help that I read the post while I was waiting to take delivery of my new 4Runner. I ended up driving home in a panic and stashing the vehicle in the garage!

The good news is you were not badly hurt.
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