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ohhbob

What is likely outcome??

4 posts in this topic

Here's what happened...I was driving along and another car heading in the opposite direction made a left turn right in front of me.  I broadsided her at 50 mph.  My airbag went off saving me, but I did break my foot that was probably slamming on the brakes.

She got out and ran to see if I was ok...and later she was complaining of chest pains.  They took her away in an ambulance, and I declined transport saying my wife would get me and take me to our local hospital - which she did and I was treated.

 

Immeadiatly after the crash, while I was sitting there in the car dazed I thought enough to call 911. Then a man came over and said he was an off duty cop sitting at the intersection who saw the whole thing, and he took my phone and directed in the emercency responders.  I was told he also gave a statement to the officers on the scene and told them it was the other drivers fault.

 

Both cars were probably totaled, but my car  - a 2010 Volkswagon GTI - wasn't even 1 year old to me - I bought it last April.

 

My questions are  - will they give me book value or replacement cost for the car?  Is there cause for a personal injury claim??  Pain and suffering???  What else should I do or seek????  Finally, this is in Illinois if that makes any difference.

 

Thanks...

Edited by FindLaw_Kevin
This post has been edited to remove personal or identifying information. - Moderator

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 will they give me book value or replacement cost for the car? 

 

Neither.

 

They will give you the Actual Cash Value of the car. That's generally what the used value of your car is. Sometimes it's called book value. Sometimes replacement cost - but a replacement of like kind and quality - not a brand new car. A one year old car is already depreciated by about 10% to 20%. I suggest you check out the websites of Kelley Blue Book, Edmunds, and NADA to get a rough idea of the price range for your car. Also check Craigslist and Auto Trader for similar year, make, mileage, features, keeping in mind that asking price is generally about 10% higher than selling price.

 

 

 Is there cause for a personal injury claim??  Pain and suffering??? 

 

Yes and yes.

 

But don't expect the other driver's insurance company to be anything but adversarial. You might have to engage a personal injury attorney if you are out of work for any appreciable length of time.

 

 

What else should I do or seek???? 

 

First decide whether you want your collision coverage to handle the vehicle or whether you want the other driver's insurance company to handle it. A phone call to the other driver's claims department ought to tell you right away which way the wind is blowing.

 

Also get yourself a copy of the police report as soon as available and make sure the witness did give a statement.

 

 

this is in Illinois if that makes any difference.

 

Shouldn't.

 

Come back to this thread if you have any more questions.

 

I spent 35 years in the insurance industry. I know a few things.

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Hi Jack,

Thanks for the input.  Just got the police report in the mail and first, it doesn't say anything about the statement I was told the witness made.  It also doesn't say whether any citations were issued, and lastly, when the reporting officer asked how fast I was going, I said " I was keeping up with traffic.  What's the speed limit here?  45??  So I was going about 45 or 50."   So now the police report says I was exceeding the limit.

What does this mean as far as who will pay?  Does this absolve her of liability??

 

Thanks again...

Edited by FindLaw_Kevin
This post has been edited to remove personal or identifying information. - Moderator

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