Dead 4runner?

[HBhawk]

I was rear ended by a cell phone talking, drunk woman (booked for DUI) with a poor set of implants about a month and a half ago. I was stopped with a car in front of me and she hit me at between 30 and 40 mph. I was pushed into the car in front of me, although the damage to the front of my car was limited to the replacement of the front bumper. The rear end of the car was heavilly damaged.

Initially, the repair estimate was about $5,000. As the shop got deeper into the repairs, they found additional damage. Recently, they determined that my 4runner needs a complete frame replacement. This added a supplemental cost of $15,000. It was explained to me that my car will be disassembled, then rebuilt on top of the new frame.

At what point does this damage constitute a total loss? Wouldn't it be difficult for me to sell a car that had a complete frame replacement? Could a frame replacement lead to problems with the car at some point in the future (that I will have to pay for)? Is my 4runner dead?

I really do not want the car back. I would prefer to receive a settlement, then purchase an 06 4runner. If they jerk me around and try to repair the vehicle, can I fight them with the aid of an attorney?

Thank you for all of your thoughts on this matter.

Eric

 

[toybox]

If I'm doing the simple math right 5k plus 15k, then at $20k I think it is definitely totaled and would take it up with the insurance company.

 

[Thai]

If I'm doing the simple math right 5k plus 15k, then at $20k I think it is definitely totaled and would take it up with the insurance company.

What he said. This is a total loss. I would suggest first to talk to your insurance agent again...if still no go, then get a lawyer.

 

[LV4R]

Every state differs in what is considered a total loss. Here in Nevada I believe the repairs have to be 100% of the cars value. You may want to talk to a lawyer to find out the laws in your state. Good luck!

 

[X6RUNNER]

This isn't sound right to me. Frame alignment= ok. Frame clipping= ok, but if frame is damaged beyon repairable then it's considered total loss. Remember, body shop does not have authority to judge the fate of your vehicle. Final decision will be detemined by insurance estimator/ adjuster. Wait until your hear from your adjuster. Good luck.

 

[MicaBlue03]

Damage ratio for totaling a vehicle

I experienced something similar to this once. I heard then (and have heard a couple of times since) that when the repair cost reaches 75-80% of the vechicle's actual value most insurance companies call it a total and pay off the insured. The reason is that some damage often isn't discovered until repairs are underway and the insurance company doesn't want to risk spending more than the vehicle is worth. There is also the question of compensating you (perhaps with a rental car) for loss of use of your vehicle. Lots of room for different opinions on value, though.

Having a vehicle heavily damaged does cut into its resale value, no matter how well the repair was done. I have heard of some folks going after the insurance company for an additional claim on that basis, but don't know much about that.

As usual, Thai has given good advice! If this gets sticky it's worth spending money on a lawyer. You can also call the office of your state insurance commissioner and that doesn't cost anything. They will be able to tell you what's usual practice in your state (and who has what obligations) and can sometimes refer you to honchos at the insurance companies who will be more willing (than a regular insurance adjuster) to do the right thing for you. I did this once and it really helped. Good luck.

 

[Jeff Kleb]

Sorry about your vehicle, but I got to the bottom of the thread and now I am thinking about implants. Did she need new ones after the accident?

Yikes! I think I have a perverted mind.
:bash:

 

[loner]

It seems to vary by state. In Indiana it is 70% of blue book = totalled.

I crashed a car last year and the estimate came to about 60% of blue book. A few days after the car was fixed, the new blue book values came out and the value had dropped so much that it would now have been totalled! Ugh!! What a difference a few days can make...

 

[HBhawk]

Update...

My 4runner is officially dead.

I'll be shopping for a new car soon, and the 4runner will probably be at the top of the list. I have a couple of other ideas as well. I was quoted a price of $37,500 for an 06 Limited V8 4X4 with Nav in silver. Not a bad price, as it is the same as what I paid for the 2004; however, this price includes a $1500 rebate. On the 2004, I received a $750 rebate, so overall, the base price was a little better on my 04. If they come down another $750 to match the other deal, I will probably be game.

Eric

 

[MicaBlue03]

Vehicle damage now resolved; what about damage to you?

HBhawk, congratulations on getting the right thing done.

So you were rear-ended with enough damage to total the vehicle. You haven't said much about the personal side of the experience and whether you were injured, and I'm curious.

Did the 4Runner do a reasonable job of protecting you? Did any of the airbags go off? Were the doors still operable after the accident?

Thanks for any info and insight.

 

[HBhawk]

Oh yeah... and I swear I am not making this up...

Last night my fiance and I were having dinner at the upscale sports bar near our house. There were no tables available, so we sat at the bar and ordered a beer and a couple of sandwiches.

So a few minutes into the meal, I look two seats over and see someone that looked kind of familiar. I told my fiance "I think that is the cell phone talking drunk b&$#h with the bad implants that rear ended me". She was hanging all over some stranger. I listened in and she was slurring about new cars, insurance companies, body shops, car repair, etc. When he asked her "You drove an Infinity right", I knew it was her. Five weeks to the day (and 1 hour earlier I was at the body shop releasing my car to the salvage yard), I run into the drunk woman that totaled my 4runner (she was granted a 502/DUI for her fine work) at a BAR. And she was drunk.

The sad thing was that she was very drunk and even sadder (and scarier), she didn't even recognize me).

I told a guy that was sitting next to me about what happened (I just had to share this with someone), and he indicated that she was a regular there, she used to date the guy she was hanging on and he dumped her because she had a drinking problem. Wonderful.

On the way out of the restaurant I gave her a good stare down (she was outside on her famous cell phone smoking a cancer stick) and I literally had to pull my fiance along to the car because she wanted a verbal and possibly physical piece of her.

Tell me... how many of you out there would change your ways if you decided to drive drunk, totalled someone's $45,000 SUV (and probably your own), ended up getting a ride to the hospital in an ambulance, spent the next night in jail, had probably $10,000 in legal fees on the horizon for a DUI and put the innocent driver that you hit through 5 weeks (and counting) of body shop insurance company BS and more than mild back and neck pain?

Maybe I should have said something to her along those lines; maybe she deserved a punch in those terrible fake cans; maybe she is so pathetic that she doesn't deserve either.

Someday, I am confident that she will get hers.

Eric

 

[HBhawk]

MicaBlue,

Good question. It is a difficult one to answer because I don't have any similar accident experiences to compare with this one (thank God).

I was stopped with my brakes applied and the Infinity QX4 that hit me was doing between 30 and 40 mph. I don't think the driver hit her brakes at all. I had my seatbelt on and as I was hit, the rear of my car was lifted up and my first thought was "I am going through the windshield". The seatbelt prevented that.

The seatbelts functioned very nicely, as I didn't even have bruises. My arm was very sore for a couple of days, as it struck the door handle on impact. My back and neck were sore. I immediately was seen by a doctor onsite who prescribed muscle relaxers, ice and Advil. My neck and back were sore for a couple of weeks. Both pretty much went away, but now at 5 weeks later, I am having some soreness in my neck and random, infrequent kinks in my back. The back kinks are not too painful. My neck pain is not unbearable or anything, but it is very annoying. I plan to see my doctor tomorrow.

Overall, for the extent of the damage, I would rate the 4runner high on passenger safety, but the whiplash protection could be better. Again, I don't have much to compare it with, but I do know that I was not the one transported to the hospital in an ambulance... the woman that hit me was.

Eric

 

[boston_kevin]

HBhawk - glad to hear that you're okay (for the most part), but don't let those pains go on too long... Could be masking something that could be an issue later on.

As for her, I'm not sure about your state, but here in MA, first offense spends a night in jail and loses your license for 1 year. 2nd offense is mandatory jail time of 1 year and never getting a license again... She will have a difficult time paying for those implants and cancer sticks (not to mention her apartment/house) if she can't drive to her job. Anything you do to her (physically or verbally) could lessen what your lawyers could do to her in compensating you for your losses. Since you know her hangout, it would be easy to get character references on the type of person she is if you need that kind of leverage.

Now, go get that new 4Runner before the rebates expire