Got Rear-Ended & Need Some Guidance

[ehcanadian]

Hey all,

I unfortunately was rear-ended by a dump truck while stopped at a red light on 11/12 after leaving the dealership for a oil change. Outside of a separated shoulder, concussion, neck & back and chipped teeth I was okay for the most part and lucky as it could have been much worse. Vehicle was taken to a friends auto body shop and they are waiting for my insurance to make some movement and get an adjuster there.

I hired a lawyer the next day to help through the whole process and with that the insurance company told me they can't speak to me directly anymore. And my lawyer wasn't sure how to answer my question. I had plans on an aftermarket bumper in the future however I'm looking to do the whole thing now.

Being after-market bumpers are significantly more expensive, would insurance cover the cost of a new bumper? I'm looking at a hefty fabworks - $2200 or would they give me the cost of what it would be if it was a OEM bumper going on?

As well, my spare tire is now missing somewhere between the accident and being towed. I was taken in an ambulance so I'm not sure what happened between me leaving and them towing it. Is this something to file with the police or my insurance?

I know there's a lot there but Any help would be greatly appreciated as always! Thank you very much!

 

[flea1983]

Hey all,

I unfortunately was rear-ended by a dump truck while stopped at a red light on 11/12 after leaving the dealership for a oil change. Outside of a separated shoulder, concussion, neck & back and chipped teeth I was okay for the most part and lucky as it could have been much worse. Vehicle was taken to a friends auto body shop and they are waiting for my insurance to make some movement and get an adjuster there.

I hired a lawyer the next day to help through the whole process and with that the insurance company told me they can't speak to me directly anymore. And my lawyer wasn't sure how to answer my question. I had plans on an aftermarket bumper in the future however I'm looking to do the whole thing now.

Being after-market bumpers are significantly more expensive, would insurance cover the cost of a new bumper? I'm looking at a hefty fabworks - $2200 or would they give me the cost of what it would be if it was a OEM bumper going on?

As well, my spare tire is now missing somewhere between the accident and being towed. I was taken in an ambulance so I'm not sure what happened between me leaving and them towing it. Is this something to file with the police or my insurance?

I know there's a lot there but Any help would be greatly appreciated as always! Thank you very much!

Not sure on the spare tire, but figure that would be an insurance claim. I'd be 99% certain they will only cover the cost for an oem replacement bumper though. They're not going to give you more money because you want something more expensive.

 

[Mytattootears]

Just let your insurance take care of it. I got rear ended a few months ago and I thought I could get money and deal with it. Worse pain in the a ever. And my damage wasn't as bad as yours insurance will low ball you, to save money

 

[Jhalko]

When I got rear ended they just cut me a check for the estimated cost to replace the bumper. I took that and ordered my CBI, I was lucky as all the damage was in the part getting cut off anyway. I would assume you will have to work out the replacement bumper with the body shop and insurance is only paying for replacement cost of what you have.

Good luck with all the other stuff doesn’t sound like a minor wreck.

 

[rochmpr]

Ouch! Insurance claim. More than anything, hope everyone is OK.

 

[ehcanadian]

Not sure on the spare tire, but figure that would be an insurance claim. I'd be 99% certain they will only cover the cost for an oem replacement bumper though. They're not going to give you more money because you want something more expensive.

That's kinda what I figured unfortunately. Thanks for your response!

Just let your insurance take care of it. I got rear ended a few months ago and I thought I could get money and deal with it. Worse pain in the a ever. And my damage wasn't as bad as yours insurance will low ball you, to save money

Thanks for your response ! well see what happens, my lawyer was on the fence on how to respond since with the pending lawsuit my insurance would end up getting all their money back so he doesn't know how frugal they'll be.

When I got rear ended they just cut me a check for the estimated cost to replace the bumper. I took that and ordered my CBI, I was lucky as all the damage was in the part getting cut off anyway. I would assume you will have to work out the replacement bumper with the body shop and insurance is only paying for replacement cost of what you have.

Good luck with all the other stuff doesn’t sound like a minor wreck.

Really appreciate the response! Just out of curiosity what did they give you for the bumper if you don't mind me asking. Like yours most of the damage is in the cutting away part, I believe, I haven't seen the truck since the accident.

But I do appreciate it, long road ahead but I'm it wasnt worse. The pressure from the impact was actually enough to pop the front window seals as well as the sunroof. Besides that my cargo area needs to be fully replaced from what my friend has told me.

Ouch! Insurance claim. More than anything, hope everyone is OK.

I was the only one in the car thank God and getting the medical treatment I need! The dump truck driver was fine he actually never even got out of the truck to see if I was okay...

 

[CRSTX]

Just looking at the replacing the rear bumper, absober, reinforcement, te trim and paint should be enough funds for your rear bumper especially if you are friends with the shop. They will write an estimate to repair the car back how it was so have the shop fix everything but the rear bumper parts then take the leftovers and order the bumper you want.

I do see one slight issue that the upper left bumper is damaged (cut) so you are going to have to get another bumper to use with the hefty fab rear bumper.

 

[Jhalko]

Really appreciate the response! Just out of curiosity what did they give you for the bumper if you don't mind me asking. Like yours most of the damage is in the cutting away part, I believe, I haven't seen the truck since the accident.


I was the only one in the car thank God and getting the medical treatment I need! The dump truck driver was fine he actually never even got out of the truck to see if I was okay...

It’s been a few years but I want to say I got around $1400-1500. Pretty minor damage but would have needed a new bumper as it wasn’t repairable, the tailpipe was slightly bent and a flimsy metal support as well. Worked out perfect with the new bumper.

Dude didn’t even get out? What a jerk. Bad karma for him.

 

[DesertCanyons]

Rear ended with injury

Ouch, That hurts just to hear about it. You're going too get an estimate for repairs from your favorite body shop. The insurance company is going to inspect it to verify what it needs. They'll also try to get the body shop to use cheap 3rd party body parts but you should insist on genuine Toyota Parts because the car is nearly new and you insured it for what it is, a mint condition car.

You get your best estimate and ask for a check in full. Then hire your body shop for the work you want done and buy the bumper you want. Some insurance companies want to pay the body shop, not you. I'm not sure how that works.

You hired a lawyer. How will he be paid? Is he working for an hourly rate or a percentage of what he gets for you? Will the insurance company pay his fees above and beyond your claim or does his fee come out of your pocket? You have injuries and those could cost more than the car, right. Maybe that's what you need the lawyer for?

 

[TheWraith]

I can help alittle bit because I've dealt with this situation ...

Basically; to your upgraded bumper. Your insurance will give your friends body shop a credit to replace your factory bumper and what ever need to be replace behind it. They will just need to; submit supplementals when they tear your rear bumper skin off and your rear hatch... I would instruct your friend to use what ever credits... given to them by the insurance company to order you a replacement aftermarket bumper and you'll just have to covering the overage.


As for the spare tire ... the Insurance company needs to be notified about the lost and it should be covered.

ps. Dont forget to get your pain and suffering and keep all your receipts right down to gas you used to drive yourself to any doctor related treatments. This will be reimbursed by the insurance company of the people that accept liability.

 

[<<<<]

Is it the private company or the city garbage truck? Good luck getting money from the city. How in the world you got hurt so much anyway? Sry to hear about your troubles. GL

 

[Hadelson]

Wow and hope for a quick recovery. I had a similar experience three weeks ago......fortunately not as severe. Rear ended waiting at a light by an Accord. Wrenched my back and minor damage to bumper cover. Hit squared on tow hitch. This was my first accident and amazed at how loud the impact sounded and everything on the seats went flying around. The 4Runner just lifted up in the rear and settled back down. The Accord was about a foot shorter with substantial front end damage----and now has a clear imprint on the bumper from the hitch cover Toyota logo.

Fortunately there is no frame damage and tow hitch is fine. It's in the shop over the holiday having the cover replaced and new accent strip. My back remains sore.......thank god for heating pads.

 

[nglayton]

Lucky for you the cost of OEM replacement parts - new, will probably just about cover the cost of the new aftermarket stuff you want.

Years ago, with my 1st Gen a guy backed into my front bumper with a large tow hitch. His insurance just cut me a check for the average of the 3 estimates I got for repair. I was easily able to buy a new aftermarket front bumper and a winch to mount on it for almost the same cost. However I did do all the work myself as there was no body damage.

 

[ehcanadian]

Starters thank you all for the responses and happy holidays to you and your families!

Just looking at the replacing the rear bumper, absober, reinforcement, te trim and paint should be enough funds for your rear bumper especially if you are friends with the shop. They will write an estimate to repair the car back how it was so have the shop fix everything but the rear bumper parts then take the leftovers and order the bumper you want.

I do see one slight issue that the upper left bumper is damaged (cut) so you are going to have to get another bumper to use with the hefty fab rear bumper.

Thank you very much for the info! Never been in and accident outside of totaled vehicle so I wasn't sure how the whole process went.

I didn't even see that portion of the bumper but you are right. I was hoping I would be able to salvage the non cut portions. If all goes well I may ask the junkyards or members on here if someone has a bumper they removed and run that until the hefty is done and just color match it. Again thank you for the info!

It’s been a few years but I want to say I got around $1400-1500. Pretty minor damage but would have needed a new bumper as it wasn’t repairable, the tailpipe was slightly bent and a flimsy metal support as well. Worked out perfect with the new bumper.

Dude didn’t even get out? What a jerk. Bad karma for him.

Awesome thank you for the response! But that is correct, after he hit me he honked the horn (not sure why) and after getting my self situated I got out and he was on the phone with someone, so I got back in and he came over like 10 mins later handed me a phone and said it was the owner of the company he drove for & he genuinely was a a**hole to me before I could even speak so I hung up and gave the phone back.

I can help alittle bit because I've dealt with this situation ...

Basically; to your upgraded bumper. Your insurance will give your friends body shop a credit to replace your factory bumper and what ever need to be replace behind it. They will just need to; submit supplementals when they tear your rear bumper skin off and your rear hatch... I would instruct your friend to use what ever credits... given to them by the insurance company to order you a replacement aftermarket bumper and you'll just have to covering the overage.


As for the spare tire ... the Insurance company needs to be notified about the lost and it should be covered.

ps. Dont forget to get your pain and suffering and keep all your receipts right down to gas you used to drive yourself to any doctor related treatments. This will be reimbursed by the insurance company of the people that accept liability.

Thank you very much for the response, I really do appreciate all the info. Ill give the insurance a call tomorrow and let them know for sure.

That is all good info thank you, Ive only kept the receipts thus far for the co-pays and paying for the police report. I didn't know gas receipts could be factored in as well. The claim is being filed through my insurance (if that makes a difference) but they did say after all is said in done they will get reimbursed by the driver at fault.

Is it the private company or the city garbage truck? Good luck getting money from the city. How in the world you got hurt so much anyway? Sry to hear about your troubles. GL

Thanks for your response! It was a privately owned company just NJ DOT registered. I honestly don't know how the answer the second question, I think it was just being unexpected and having my foot heavy on the brake so it didn't "give". I'm also assuming I had my mouth open which had to be the reason for the chipped teeth and play a role in the concussion/ whiplash. As far as the shoulder goes I have had a previous injury from college lacrosse but did all PT and rehab and haven't had a problem in over 2+ years, luckily I still knew how to put it back in.

But thank you for the concern I do genuinely appreciate it

Lucky for you the cost of OEM replacement parts - new, will probably just about cover the cost of the new aftermarket stuff you want.

Years ago, with my 1st Gen a guy backed into my front bumper with a large tow hitch. His insurance just cut me a check for the average of the 3 estimates I got for repair. I was easily able to buy a new aftermarket front bumper and a winch to mount on it for almost the same cost. However I did do all the work myself as there was no body damage.

Thank you very much for the info, I've been trying to see what the cost is per part but I'm not sure what really need to be replaced, as there's so many little parts they did say they want to replace the hitch cross member as it is bent. As well the cargo area to my understanding needs work as well. I'm seeing the vehicle for the first time tomorrow so I will see and see if I can get some more pictures/ details.

Thank you again!

 

[ehcanadian]

Ouch, That hurts just to hear about it. You're going too get an estimate for repairs from your favorite body shop. The insurance company is going to inspect it to verify what it needs. They'll also try to get the body shop to use cheap 3rd party body parts but you should insist on genuine Toyota Parts because the car is nearly new and you insured it for what it is, a mint condition car.

You get your best estimate and ask for a check in full. Then hire your body shop for the work you want done and buy the bumper you want. Some insurance companies want to pay the body shop, not you. I'm not sure how that works.

You hired a lawyer. How will he be paid? Is he working for an hourly rate or a percentage of what he gets for you? Will the insurance company pay his fees above and beyond your claim or does his fee come out of your pocket? You have injuries and those could cost more than the car, right. Maybe that's what you need the lawyer for?

Wanted to answer yours separately as you've touched on the legal side so thank you. Thank you very much for the info/ process I really do appreciate it as well as your concern! That is why I took it to my friends auto body shop because I know they'll help me out and not skimp with 3rd party parts. As my insurance wanted to keep my car at a shop 2.5 hours at their "Licensed" shop they towed it to without my knowledge and they wouldn't pay for the tow to my shop of choice as I get a "one time tow". So my friend sent his tow truck down released it to him and covered it all for me. They have been great besides that little hiccup but they did to my knowledge reimburse my friend.

Before I get into the legal part I feel I should note I'm in NJ a no-fault state and the claim is being filed with my insurance to speed up the process but my lawyer said my insurance would get back what they paid out from the other insurance. He is totally paid on contingency, no cost to me besides a successful outcome in which he receives 1/3rd. Insurances told me this was the best move in this case. I just switched to this insurance company 2 months ago so I am not to sure regarding the fee payment but I think I don't have to worry about that since it is contingency, correct?

As far as injuries go, shoulder surgery is up in the air. I am starting physical therapy for my neck/back and shoulder tomorrow and they are going to see if that helps some. The lawyer is here to help get back my deductible as well as I may go over my limit allowed. He really here for that and guidance and I wanted help because I didn't want to get screwed somehow as I just didn't want to be paying high deductibles and higher premiums down the road because a negligent driver hit me. Mine are already high as I am independent but considered a young driver at 22.

Would you mind if I pm'd you regarding some questions? Thank you again !

 

[scottiac]

I just went through this myself (second time this year, darnit!) without the injuries. One thing you might want to know about is something called "diminished value". If you are recovering from the other insurance carrier (which you are, indirectly or not), you are entitled in most states to diminished value of your vehicle.

Basically the idea is even if they repair it to "perfect", your rig would be worth less to a potential buyer than one that had not been in an accident. It gets complicated when you factor in uninsured motorist and things like that, but it shouldn't apply in your case.

For newer rigs, the difference is pretty significant, and if you can recover it, it would more than cover any upgrades.

The hard part is NO insurance company will help you in the slightest. Not yours, not theirs. Your attorney could give you a good line on it though.

(No, I wasn't able to recover it because the other party was uninsured, and my insurance was *very* careful to limit their liability under the uninsured motorist, but you may get luckier.)

Something to kick around with your attorney, anyway. Good luck, and heal fast.

 

[ehcanadian]

I just went through this myself (second time this year, darnit!) without the injuries. One thing you might want to know about is something called "diminished value". If you are recovering from the other insurance carrier (which you are, indirectly or not), you are entitled in most states to diminished value of your vehicle.

Basically the idea is even if they repair it to "perfect", your rig would be worth less to a potential buyer than one that had not been in an accident. It gets complicated when you factor in uninsured motorist and things like that, but it shouldn't apply in your case.

For newer rigs, the difference is pretty significant, and if you can recover it, it would more than cover any upgrades.

The hard part is NO insurance company will help you in the slightest. Not yours, not theirs. Your attorney could give you a good line on it though.

(No, I wasn't able to recover it because the other party was uninsured, and my insurance was *very* careful to limit their liability under the uninsured motorist, but you may get luckier.)

Something to kick around with your attorney, anyway. Good luck, and heal fast.

Starters, sorry to hear about your accidents! Glad you are okay! Thank you very much for the response. this is actually something I was curious about, so thank you. The vehicle is less than a year old, but I put on a good amount of miles this year. Bought brand-new Jan. 15th 2017, I was actually leaving the dealership for a 35k tuneup when it all happened.

But you are correct I briefly mentioned that it was under a year old and my agent said to talk to my lawyer regarding diminished value.

Thank you again

 

[ray k]

So sorry to hear this. That is just wrong that they were not at all concerned about you and were actually yelling at you. As someone else said, karma! Anyway, I'm glad you got a lawyer. I hope it all works out and best wishes for a speedy recovery.

 

[Hadelson]

The hard part is NO insurance company will help you in the slightest. Not yours, not theirs. Your attorney could give you a good line on it though.
.

As stated earlier, my recent experience is far less significant then yours. That said, have to echo this statement. Both my company and the company representing the party that hit me where not helpful at all. Numerous conflicting statements on what they promised and I had to complete virtually all follow-up to push for estimate appointments, rental coordination and repairs.

This recent experience duplicates one I experienced several years ago with my RAV4 and hitting a truck tire that blew off a semi in front of me at 70MPH. Substantial front end damage from impact to tune of $11000 dollar estimate. First pass at repairing used non Toyota parts and it looked like a bad jig-saw puzzle with huge gaps and poor fit. The non OEM fender and hood was ridiculous in terms of quality. I was amazed both the Insurance and repair shop trying to present as repaired. I took pictures of the repairs and then comparable pictures of identical RAV4 on the local dealer lot and presented a side by side visual comparison to them with letter from lawyer. Took a month, but they authorized a complete rework with OEM body parts.

Second time around, looked very good and only wish it ended here. Accident happened in November and you don't use AC here in winter. I told them several times and in writing to check the ac unit as it took heavy hit. They assured me in writing and on invoice they had an expert check the system. Well BS..Trip down south in late March and warm enough to run AC and no joy. System completely shot and pushing outside air temperature. A month fight with Insurance and threat of legal action before they agreed to replaced.

My advice is get everything in writing. Be polite but precise. Document all your correspondence and requests in writing. It works.

Hope you are on the mend and it all works out favorably for you.

 

[Birddog1911]

Sorry this happened, and you certainly did the right thing getting an attorney since you were injured. To be frank, if I were you, I'd tell my lawyer to put the screws to that company since the owner was such a dick. Be sure to discuss pain and suffering with your lawyer.

Unfortunately for me, I seem to be an a$$hole magnet. I'm 49, and I've had 12 accidents that were not my fault.