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Old 05-19-2017, 09:57 PM   #1
bearintex
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So I got rear ended yesterday at about a 50 MPH delta. My truck is likely totaled. I was stopped about three vehicles behind a bus that was dropping kids off. Bus had just turned off the red lights and we had started moving, I look in the rear view mirror and see a black Ram grill closing in a big hurry. In about the time it took to think "This SOB is going to hit me!", I was through two ditches, airborne exiting both and about 30 yards off the road. No immediate trauma, I refused transport by the meat wagon, planning to go to local urgent care for X-rays and such to get checked out. Neck and lumbar sprains. We are about 30 hours out now from the accident.

Idiot was 100% at fault. Texting, and he admitted to smoking a joint about 4 hours earlier to the popo, and was cited for possession. He passed all the field tests, so they didn't take him to jail. His attitude when he got out of the truck was extremely belligerent, dog cussing me, why the f did you stop in the middle of the road, etc. My first thought was "dang it I don't have my pistol with me, I'm going to have to kick this fool's arse, and I'm too dang old for that!

Questions are this- how does the system work regarding payoff of totaled vehicle? My truck was less than a year old, 18k on it. Does his insurance cut a check to my lien holder to pay it off? Then what do I have to trade in or put down on a new one? KBB value puts it at right about what I owe on it. Next payment due at the end of the month.

How they handle the medical bills? This is the first insurance claim or interaction I have ever had, at 46 years old. Part of me wants to lawyer up and sue, but that doesn't help anyone down the road. I'm not going to go any further into medical stuff until we decide one way or the other. Let's just say I will be very familiar with my recliner over the next week or so.

Anyone else dealt with this? Just looking for ideas and/ or options. Don't say call the Hammer, either!
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Old 05-19-2017, 10:01 PM   #2
JustinJ
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If the truck is worth what you owe and insurance pays it off, you are in the same position that you would be if you traded in the truck before the wreck. If you have no equity in the truck, it's essentially worth nothing as a trade in.
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Old 05-19-2017, 10:45 PM   #3
Grayson
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Didn't read the whole thing, but personal injury lawyers want serious injuries. Not much damages available for sprains. I'm sorry but that's the way it goes. You should be able to get the truck taken care of and medical bills, and maybe a little extra. That's about it.
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Old 05-19-2017, 10:50 PM   #4
randal
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Good luck getting what kbb says it was worth.. been down that road and it didn't work out too well.. argued for 2 weeks and ended up getting another $900 out of them, better than nothing..
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Old 05-19-2017, 10:51 PM   #5
RiverRat1
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Don't sign anything until you give it time, lots of time. I hear people start feeling more pain as the weeks go by. In neck or back injuries you may not feel all the pain right away.

How did you not hit the bus or other cars?
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Old 05-19-2017, 11:21 PM   #6
adam_p
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My understanding is that you tell your insurance and they go after his insurance. I have never done it though.
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Old 05-19-2017, 11:29 PM   #7
Kdurham
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Quote:
Originally Posted by bearintex View Post
So I got rear ended yesterday at about a 50 MPH delta. My truck is likely totaled. I was stopped about three vehicles behind a bus that was dropping kids off. Bus had just turned off the red lights and we had started moving, I look in the rear view mirror and see a black Ram grill closing in a big hurry. In about the time it took to think "This SOB is going to hit me!", I was through two ditches, airborne exiting both and about 30 yards off the road. No immediate trauma, I refused transport by the meat wagon, planning to go to local urgent care for X-rays and such to get checked out. Neck and lumbar sprains. We are about 30 hours out now from the accident.

Idiot was 100% at fault. Texting, and he admitted to smoking a joint about 4 hours earlier to the popo, and was cited for possession. He passed all the field tests, so they didn't take him to jail. His attitude when he got out of the truck was extremely belligerent, dog cussing me, why the f did you stop in the middle of the road, etc. My first thought was "dang it I don't have my pistol with me, I'm going to have to kick this fool's arse, and I'm too dang old for that!

Questions are this- how does the system work regarding payoff of totaled vehicle? My truck was less than a year old, 18k on it. Does his insurance cut a check to my lien holder to pay it off? Then what do I have to trade in or put down on a new one? KBB value puts it at right about what I owe on it. Next payment due at the end of the month.

How they handle the medical bills? This is the first insurance claim or interaction I have ever had, at 46 years old. Part of me wants to lawyer up and sue, but that doesn't help anyone down the road. I'm not going to go any further into medical stuff until we decide one way or the other. Let's just say I will be very familiar with my recliner over the next week or so.

Anyone else dealt with this? Just looking for ideas and/ or options. Don't say call the Hammer, either!

I am being sued for someone else's fault and my insurance will settle!!!!! If you get a lawyer and sue they'll do the same since it's "easier" and just the "way it is!"
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Old 05-19-2017, 11:31 PM   #8
Kdurham
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Quote:
Originally Posted by Grayson View Post
Didn't read the whole thing, but personal injury lawyers want serious injuries. Not much damages available for sprains. I'm sorry but that's the way it goes. You should be able to get the truck taken care of and medical bills, and maybe a little extra. That's about it.
I hope he has Geico then. They know
It's not my fault and they said they would settle anyways. They said that's the way it goes now. Everyone is sue happy and not worth the fight. Wonder why our insurance is so high...
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Old 05-19-2017, 11:35 PM   #9
Kdurham
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The guy suing me picked up his car the next day while mine was totaled. He went head first into a median wall and I had no choice but to hit him. 100% his fault. He lawyerd up with an ambulance chaser and Geico would rather settle vs fight, even though I was not at fault.
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Old 05-19-2017, 11:41 PM   #10
Tx_Wader
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Quote:
He lawyerd up with an ambulance chaser and Geico would rather settle vs fight, even though I was not at fault.
I'd get a new insurance company.
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Old 05-19-2017, 11:41 PM   #11
bearintex
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Quote:
Originally Posted by RiverRat1 View Post
Don't sign anything until you give it time, lots of time. I hear people start feeling more pain as the weeks go by. In neck or back injuries you may not feel all the pain right away.

How did you not hit the bus or other cars?
In no hurry other than getting my truck replaced.

I had a half second maybe and yanked right, and I think he yanked left. He hit at about 50%. I was almost 90 degrees when I hit the grass, any faster and I likely would have rolled.

Concerning the truck, I just want the same thing I had, without upping my payments or term. We put about $4k worth of equity from previous trade in on it. Not to mention the $1200 or so of aftermarket goodies.
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Old 05-19-2017, 11:59 PM   #12
JustinJ
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Quote:
Originally Posted by bearintex View Post
In no hurry other than getting my truck replaced.



I had a half second maybe and yanked right, and I think he yanked left. He hit at about 50%. I was almost 90 degrees when I hit the grass, any faster and I likely would have rolled.



Concerning the truck, I just want the same thing I had, without upping my payments or term. We put about $4k worth of equity from previous trade in on it. Not to mention the $1200 or so of aftermarket goodies.


Again, if you have no equity (truck is worth what you owe) how can you expect anything more?
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Old 05-20-2017, 08:50 AM   #13
Harman Rabb Jr.
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You need a lawyer. If you want a referral, let me know.
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Old 05-20-2017, 09:02 AM   #14
Tmag
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Contact his insurance, file a claim, and go through the process. They will wait on the accident report to confirm fault, may be quicker if he has told them he was at fault. They should cover your truck, any meds and make an offer to settle on pain and suffering. They will pay the lien holder for the truck.
If you decide to get a lawyer, they generally charge 30-40% of the settlement and you will be a while getting your money.
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Old 05-20-2017, 09:40 AM   #15
Jerry Worley
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pm sent
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Old 05-20-2017, 09:53 AM   #16
CEO
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I've had two trucks totaled and was wildly surprised (in a good way) at the amount I was given on each.
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