20 mph totaled! not my fault

toyorgy

New member
I was beginning to travel west from my house, which is four doors east of the intersection where the accident occurred. I saw a van waiting at the stop sign (no stop sign for me) as I entered the intersection when suddenly the van accelerated and struck my car pushing it into the other lane then stopping with my car's rear wheel up on the sidewalk.

No one was injured but a couple of days later I started to feel sore and still do. I wasn't sure initially what I felt as after the accident I got sick with pneumonia and my whole body ached and i'm still trying to get well. I haven't been sick in over 20 years.

Their insurance company accepts full liability.

The streetlight pole you see in the first picture grabbed my trailer hitch mounted bicycle rack and pulled it outward bending the bike's frame and wheel and destroying the bike rack and bike.

They want to total my 4runner. Repair estimate is around $15,800. They are offering $19,800 payout. I have only 109,000 miles on the odometer. I can't find any low mileage 4runners at that price for a 2010 in this area.

I need to pull my sound system if I give up my car as there is a lot there.

Looking at the pictures it does not look like it's totaled but I guess it is. I had to change the tire because it went flat from the impact. I think the wheel is cracked. The spare tire rubs the upper control arm so the suspension is badly damaged. Toyota dealer said over $5000 in suspension damage.

What do you guys think? Oh, and they seem to be low-balling me on the bike.
 

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If there's anything i've learned its to never go with the initial offer on payout. Counter them and see what they'll do.
 
Go on autotrader and find a list of comparable and their prices and show it to the adjuster. I would also suggest seeing a doctor immediately. It sounds like you might be having symptoms of a concussion. Then find yourself a reputable personal injury lawyer. While some bodily injuries go away with time, brain injuries can take much longer to heal and have longer lasting effects.
 
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bummer..could have a been a lot worse with a side impact like that..good thing he wasn't going any faster..

agree that you should not take that first offer, might also see if your insurance company will negotiate for you, I believe some of the good ones will.. I second the part about getting to a Dr. definitely sounds like you have something going on related to the crash..

good luck.
 
Their offer does reflect within the range of what KBB and NADA states but up here in the PNW prices are high especially for low mileage 4riunners. There seems to be a shortage of 5th generation as well. I cannot find a low mileage 4runner for under $21,000. However, there is a real nice 2010 dark gray without 3rd row with 77,000 miles - which is exactly what I originally wanted for $16,900 but it has a salvaged title.
 
You should be able to get 21-23k for that low of miles. I wouldn't accept anything less than 21,500 plus the cost of the bike and bike rack.
 
Go on autotrader and find a list of comparable and their prices and show it to the adjuster. I would also suggest seeing a doctor immediately. It sounds like you might be having symptoms of a concussion. Then find yourself a reputable personal injury lawyer. While some bodily injuries go away with time, brain injuries can take much longer to heal and have longer lasting effects.

^^^THIS. Talk to a competent attorney immediately and stop making public statements...
 
I totaled a 2008 Sport with 85,000 miles last month. First offer was $11,800, second was about $13,000 final offer was $15,250. I based my push back on my low miles, excellent condition and comps in the area. The comps the insurance provided were over 150 miles away and for 4runners with a lot more miles.
 
[MENTION=70753]badattitude[/MENTION] - how did you get them to make more offers? What did you say?

There are a few mistakes in the market valuation report. Some checkboxes aren't checked.

They have a base value of $20,046.00 with an adjustment of -$462 due to a prior slight rear bumper damage.

I told them about the 2" lift with Bilsteins all around and the expensive LED light bar behind the grill and the aftermarket wheels. They want a receipt for all aftermarket products I have installed which, of course, I don't have. I can get some invoice copies from stuff I bought at Amazon but no labor reciept for the lift. They are letting me pull my sound system out.
 
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"Unfortunately", I used to handle total loss evals in a prior life. My advice is make sure they have everything correct in the eval with all options included. I would also request the comps they used for the eval if those were not provided; find differences or downgrades in the comps to use as leverage. Insurance companies also "adjust down" a comp's listing price for an expected sales price. Check if any of their comps are from "no haggle" dealerships. The comps dictate their TL offer....ultimately if you can show them their comps are not accurate, you can make a case.

I'm not sure an attorney would help your bottom line on the vehicle...the lawyer has to make $ somewhere and it will probably come from any additional you get on the TL. Now, if you're hurt, that's another story. At minimum, make sure to tell their insurance company about the pain you're dealing with.
 
Ugh this sucks. My wife has been in a couple of accidents, not her fault, and the insurance company tried to lowball us. Definitely get some examples of other similar trucks to show them. Good luck!


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My first estimate was so low, $11,500, I just said no way, you need to learn how much 4runners are worth. The second offer came with a report showing comps. The comps were high mileage and over 100 miles away so I challenged them on condition of my vehicle vs. comps, the mileage of my vehicle vs comps and location of comps. On the third time, insurance said they reached out to actual auto dealers to ask what they would get for 2008 SE with 85,000 miles. That time they offered $15,250 and I accepted.

I just wanted a fair offer and knew it had to be over $15,000.
 
If you keep maintenance records send them to your insurance with a message indicating that you do regular maintenance as scheduled.

They often assume that people forgo the maintenance which results in a lower payout.
 
Auto accident settlement

Tough BREAK on the car accident. No one ever wins in these cases. You get a lot of aggravation in the process.

I'd list the mod upgrades and meet the adjuster to show them. Price out the replacement costs, not what they cost when you bought them. Because inflation happens. You can't buy a used lift kit and you wouldn't want a used one. Same for the stereo system. Price out the cost of the system and installation in today's market. If you have to reinstall your existing sound system you'll spend many hours doing that. Just let them pay for it, new cost.

The bike is a tougher one. It looks like a nice bike in the photo. Price a similar frame, brakes and gear derailer, etc. The tech on bikes keeps changing so newer bikes cost more. The bike rack is easier. Price a new, comparable rack. You can't find a used rack without a lot of searching. Why should that effort be on you?

Yes, go to the doctor. If there's any indication of injury or long term recovery you need to be compensated. For injuries, you may want an attorney.

Be tough and know the value of your time and equipment. Hiring an attorney or adjuster is not cost efficient, IMHO. They'll want a percentage of your buyout for their services. And it will take much longer to settle.

Is the insurance company renting a similar car for you in the mean time? They should not be able to offer to rent a Ford Focus to replace a Toyota 4x4 4Runner. You want the same kind of car you were driving, or better.

Good luck.
 
Auto accident settlement

Also, I bought all my mods on sale by waiting for the right price. I installed all of them myself. Being paid what I paid for any accessory based on my receipts is not the same as being paid at todays inflated prices. Get the new replacement value for all of the accessories, plus installation.

If you decide later to wait and buy the replacement parts on sale or do the installation yourself sometime down the road, that's up to you. But your time and the inconvenience of wait is worth something.

I spent several days installing my ICON Stage 7 lift. I wouldn't want anyone to offer me a payoff based on the long-gone sale price. And you can't put a price on your own time. You'd never get paid enough for the care and detailed installation you do for yourself.

EDIT: Who has possession of your vehicle right now? It's still your car. It would be easer to strip the mods off if it's in your possession. Although that may be hard to accomplish if it's in their yard already.
 
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My car is at the shop. I still have the title. They said I can take the stereo out. I have a week before they start charging for storage.

Some of the mods I did myself or with the help of a friend. I guess I can't get paid for that even though I'll have to do it all over again.

Depreciation seems to outpace inflation. Perhaps it's their only focus.

I don't understand the math. If they say totaled payout in the $19,000s. To repair it the shop says it will cost $15,000+. Then why are they saying it will cost me $11,000 to keep? Shouldn't it be more like $4000?

They've got the comp report wrong IMO. The comparable 4runner with the lowest mileage (67,000) got a subtraction of $2256 for mileage. The one with virtually the same mileage as mine (109,000) gets an addition of $23. Two cars got reduced in price due to missing options that my car has - and all cars got penalized exactly $1845 for "condition". How does that make sense?

Is it possible for someone to say it's totaled when it is not and then take possession of it and fix it for a few thousand then sell it as a low mileage 4runner? How will I ever know? There are scams everywhere and it's becoming increasingly difficult to trust anyone nowadays.
 
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