It's a sad day. What to do!

[Hollywood1]

So my girlfriends 2000 4runner is considered Totaled and Insurance is denying the claim.

I was driving her 4runner taking her friend home. I was stopped at red light with and then proceeded forward on the green light into the intersection and was hit by a Ford Excursion estimated at 40-50MPh in a 30MPH zone. His vehicle then went front dead center a foot and 1/2 into a tree!
Police would not do a report due to no "Independent witnesses" aside from my passenger and no one went to the hospital. It was a blind corner due to bushes and electric pole. His insurance denied the claim due to not being able to prove fault and neither side is admitting fault. Along with my GF only having Liability. I told the adjuster that I hit my head on the glass with some soreness but that I was OK, I know my fault for saying I was OK. Its been 2 weeks and I now have an appointment to get an MRI for the pain in my ear and headache since the accident.
I did an online criminal search and found out that the opposing driver is on Probation for DUI until Sept. 2016. Police did not ask me if I was drinking and I didn't see them ask the other driver or give a sobriety test. I don't even think they ran our licenses but to relay info on a collision information slip.

So now I have an f-d up 4runner in my driveway and no Lawyers want to take on the case because its "He said, He said" with a hard to prove at fault situation. Let alone my GF is without a vehicle and she's taking out her frustration on me.

So I can possibly get a loan from a family member to get another 2000-2002 4runner via Owner on CL, or try and get approved through a hole in the wall dealer and end up paying way more then the car is actually worth. On CL all the 4runner's are priced above Blue Book value here in So. Cali. Her 4runner had 150K miles, looked great and ran great. I did all the maintenance myself and kept it tip top.

Although considered totaled, I know i could fix it myself but it would be time consuming. I'm a Metalsmith and Offroad fabricator and I know i could rebuild it probably better then factory. But it's still time and money.

The engine and trans only have 150K with no issues. Only issue we had with the 4runner was the remote locks not working from time to time and I started to notice a bit of play in the steering. Other then that, it ran and shifted great.

Im extremely low on funds right now and I don't want to have to borrow any more then 4K from a family member.

So do I get a good condition high mileage 4runner in the $3500 range, pull the motor and trans from the crashed one as a spare, and swap it when the new 4runner engine goes out?

Or do I buy a 100k-150k used one for $4500-$5000, rebuild the crashed one and then try to sell it to recoup some funds?

On top of this, I'm most likely gonna have to take the guy to small claims and hopefully the judge favors my story. Or the judge may say, Sorry you guys are both liable for your own damages. Or he may say I'm at fault!
The only thing I have possibly going for me in court is my Bias passenger as a witness, and the fact that the other driver is still on DUI probation.

 

[IBallEngineer]

Or you could sell the damaged vehicle as is and borrow the 4K, combined you should be able to get a comparable runner and be close to where you were. Fixing that truck will require at least $1500 in parts, a frame pull or two, the paint and painter, and a lot of your time, and unless you are a really good body man and painter it will look like you repaired it. It won't be worth as much as you want. I see wrecked runners on CL and people are asking 2K, not that they get that, but you understand what I'm saying. Personally I think a grand for it is about right.

 

[michaelj]

Yep. I'd scrap it. Take what you can get for it. $1K sounds good like the above poster said. Then, get a loan if you need it and grab another used and comparable runner if that is what you all want to stay in. Wrecks suck. Glad everyone is okay.

 

[jgue467]

True bummer but at least didn't visit the hospital!

I Need to get a driving cam!!! Any suggestions on sub $150 range?

 

[Aelfwine]

I was just going to say invest in a dash cam. I'm glad I did, saved me some headache once already. I'm planning to put a second one in the back in case somebody decides to rear end me.

I'm using a Garmin Dash Cam from Costco. Had it for 3 years with no issues. My wife gave it to me as a present. I believe they are about $200.

 

[Yukon4Runner]

Thanks for the reminder [MENTION=97168]Hollywood1[/MENTION]

I've known I should get a dashcam for years now...you just kicked my butt into gear.

Just ordered a $9.99 dash/windshield mount from Amazon to turn my iPhone into a dashcam. I might get a dedicated dashcam later that can also watch my six but I'm cheap so I'll start with the camera on the phone.

It sucks man...don't worry what you said about your injury at the accident scene...you were delirious, not thinking straight from the accident, the endorphins released from the scare of the accident masked the pain, etc.

 

[Woz1976-MT]

So my girlfriends 2000 4runner is considered Totaled and Insurance is denying the claim.

Police would not do a report due to no "Independent witnesses" aside from my passenger and no one went to the hospital.

First, where in the hell do you live that law enforcement doesn't do crash reports simply because there are "no independent witnesses"??? As an LEO, there should be a crash report (probably just a basic one) that simply documents the scene, traffic controls, weather, and both drivers'/vehicles' info.

If there is not, and because this happened relatively recently, go back and document the scene: photos from all directions and from several distance points from the intersection; document any skid marks on the roadway; sketch a diagram of the intersection, including all lanes and traffic controls, etc. Proving the other vehicle's speed is very difficult without skid marks or other data.

When it comes to injuries, you frequently will not "feel" injured until a day or two after the crash -- that is completely normal (I also used to be an auto claims investigator for a big-name auto insurer). Also, the reason why attorneys don't seem interested in your case is because they only make money from injury claims (and if they're minor injuries, you usually lose money because of what the attorney takes). You most likely still do have a case for property damage in small claims/civil court, but you may be on your own.

From an insurance and law enforcement perspective, you can't use the other driver's history against them in this instance. The LEO's should have attempted to detect an odor of alcoholic beverage at the scene (or other signs of drugged driving), and if they didn't have reasonable suspicion of either they cannot request SFST's (standardized field sobriety tests) or a PBT (preliminary breath test -- they're not admissible in court anyway).

If you want to send a private message with detailed location info, etc., I'd be happy to look it over for you.

 

[Scramble]

Sorry for your loss & glad everyone is ok. This is why I have full coverage on my truck. It's only $80 a month. Go to the doctor, complain of neck & back pain. Get the MRI, go to PT. You can still sue for medical issues. At least in NY, we have "No-Fault" which is covered under liability. I got $25 grand from Geico when I got rear ended that messed up my neck & back. The layers got a 3rd of that.

 

[soupkitchen]

pull all the bad parts off and see exactly what you're working with. Down here we have a bunch of 3rd gens at pull it yards. May be worth the time to fix if you're low on funds. I know you could get a whole front end, panels, core support etc for under 500.00 bucks. That frame doesn't look too bad or beyond repair.

 

[kingnuting]

I have a blackvue 650 (i think). It comes as two cameras one to watch forward and then out the back and it all connects to one SD card so the time/date/etc is all synced together.

 

[techno]

Judging by the evidence I see in the pictures, when you proceeded forward, you ran into the passenger side of the Ford. Right? That forced him to move left and off the road into the tree.
If I'm right, I see how the sh!tbag can get away with lying. Unless you can prove the traffic lights were green for you and red for him, then it's his word against yours.

 

[Hollywood1]

Yep its a Shotty situation however I look at it! I appreciate all your insight!

But I do think you guys are right in just selling it as is. It does have a strong engine that still runs and a good Auto Trans that never gave any problems. The engine has 150K and I always maintained it.

I'd most likely remove the rear OME lift coils and sell them. I recently did the Tundra caliper upgrade, slotted rotors, and drive shaft U-joints but I dont think its worth the hassle to remove it back to stock. Unless I get a new one before I sell it then I can swap everything over.

As for if I decided to fix it, I have no problems in cutting the front portion of the frame and Rebuilding it with an Expedition style bumper and leveling the front to convert it to an expedition style setup.
Here's a few of my previous builds. But as good as a fabricator that I feel I am, I just don't think its worth it.

 

[Hollywood1]

Woz1976-MT, I really appreciate the offer. I'll PM you. Thanks a lot!

 

[csp]

Police would not do a report due to no "Independent witnesses" aside from my passenger and no one went to the hospital.

WTF kind of a joke of a police department do you have???

They should be able to investigate based on skid marks, point of impact, etc who was at fault. :doh:

 

[Gadgetguy]

That thing is toast, cut your losses and start over

 

[IBallEngineer]

First, where in the hell do you live that law enforcement doesn't do crash reports simply because there are "no independent witnesses"??? As an LEO, there should be a crash report (probably just a basic one) that simply documents the scene, traffic controls, weather, and both drivers'/vehicles' info.

Sadly, we live in a GIANT metropolis with hundreds of agencies that are mostly overwhelmed and rarely make reports. Unless someone is injured, they fight you all the way. The bottom line here in Southern California there are just so many accidents, and of course cars, that it is almost impossible. And add to that the Super Hero mentality of a lot of cops who can't be bothered to write a traffic accident report, well, here we are. The city of LA is 500 square miles, just the city not the county. And the suburbs extending from the city extend to San Diego. This is NOT a rural community, hahaha. You are welcome to take some folks and relocate them to Montana! Thanks!