Collision! (auto insurance advise needed)

So, this morning, I was in an wreck. I was struck by a vehicle who made a wide right hand turn into my lane, doing pretty extensive damage to my car. The car was being pursued by two Police vehicles, and fled the scene, and the Police pursued once I had signaled that I was OK. The 5 minors were apprehended a short distance up the road, but out of sight. I was told by Police on the scene that this was a high speed pursuit, and that the Mitsubishi was stolen.

My Fit looks totaled to me. I have full coverage, including uninsured motorist- rental car, even. I believe it is clear to all involved that I was not at fault. I am doing everything you are supposed to do (filing insurance claim, filing Police report, etc.)

My question is is there anything I can do to protect myself from the presumed uninsured motorist claim?

I'm kind of bummed. I bought that car new, ran only Mobil 1, and just had it broken in at 87K miles. Fits of this era have finally started depreciating, and I'm sure it was worth more to me than the pay-off. On the bright side, I'm fine, and it is just a car. As near as I could tell, all 5 minors were fine as well, as they were taken away in Police cars, not ambulances.

Sorry I don't have any useful info, just dropping in to say I'm glad you're in one piece! I hope your insurance situation doesn't suck too much.

Glad to hear you are OK. That sounds like a hell of a morning. You always have the option to buy the car back from the insurance company if you want to pull the motor to put into something else, seeing as how you know the complete history of it and took good care of it.

Start building a case as to what price it would really take to replace your exact Fit.

Use autotrader and cars.com type websites and save/print listings of cars in your exact condition and exact level of trim (pay no attention to what color.) Geographically search as far as you have to to find the exact trim and exact level of condition.

If your car is really totaled, you will then use theses facts as negotiation to determine the payout on your car. That's right, you can negotiate the price of the insurance payout if you have facts.
The first offer the insurance company gives you will be exactly that, a first offer. With supporting documentation you can slightly raise that offer.

Sorry for your loss but glad to hear you are well.

I'm glad everybody is alright. You can buy the car back, as noted, but will it really be worth it?

If nothing else you get a much more entertaining story to tell than if you got hit by some doofus playing with their phone.

I just went through an uninsured-motorist ordeal, but ultimately gave up & cancelled the claim. In our situation my step-daughter was hit by an uninsured drunk driver, our vehicle was drivable, but the left-rear was crushed, including the tail light & license plate mount. We did not have full-coverage, so our carrier needed to receive a copy of the accident report(which they hadn't after 6-weeks), then verify the other driver had no coverage, before they would even discuss whether our vehicle was truly totaled(it was) or what the payout would be.

Since you have full-coverage, that should pay first and settle the claim. Then your carrier will attempt to subrogate the other driver, if/when that fails, it will become an uninsured-motorist claim and that part of your policy will be in effect.

Glad you're okay, pursuits could end much worse. There was a family of three killed in the area a few weeks ago during a high speed chase. The perp, wanted on a warrant fled after a traffic stop then ran a red light.

Crazy E36 M3 that these things happen anymore.

Good luck w/ the car.

Very happy to hear that YOU are OK. As for the perps, without apology, I will tell you that had it been me in your place, and I found my car still drivable, I would have followed the perps to where they crashed. And I would have ensured that they DID need to leave in ambulances rather than cop cars. I am not kidding.

I would visit the police and get a statement or file number or something from them to ensure your carrier knows the story. Anything other than your insurance making you whole again is not your responsibility, and I would scream bloody murder if they didn't fix you promptly.

In reply to JohnRW1621:

Thank You, Sir. That's exactly the focus I needed.

As to buy back and swapping, Probably not my thing for 108hp. The beauty of the Fit is how well it all works together. This would make a fine formula V donor, but not for this guy. Slight whine, then done: I had finally bought a shop manual, redone the brakes, and have new hoses and belts in a box waiting to go on. The Takata airbag had finally been replaced after a year's worth of getting the run around- there's another plus, no Shrapnel to the face. The airbags didn't even pop.

I just went and cleaned the last of my stuff out, and got some pictures on my special lady friend's camera. I'ii see if I can get them posted. Thanks to everyone for the good vibes. Picking up a rental car tomorrow.

PM Klayfish. He is in the business and can give you the lowdown.

Glad you are ok. Yes it was just a car. If you have a file documenting repairs and maintenance keep that handy. It may up the pay out a bit. It did for my Jag. Another thing I came to realize is that insurance will never really make you whole. Time and aggravation associated with the accident is something that you don't get compensated for. Then there is the time and aggravation of shopping for a replacement car. I finally got so anoyed with the offers they were making that i called there bluff and demanded to see comps and they basically said they did not have any due to it being a semi unusual car. I then produced a list of all cars available for sale by dealers with in 500 miles. All of the same year and millage and option level. There were exactly three. I presented this to them and in 24 hours they made me an offer that was with in $300 of what I wanted.

Also be very careful as to what exactly the insurance coverage covers for the rental. I had a nightmare scenario play out when My jag was totaled. I eventually had to threaten getting my lawyer and the state insurance board involved. Then they backed down and paid the rental car costs. It involved payment for FTC coverage on the rental and who was paying for it. Just make sure you know exactly what is covered and what is not before agreeing to the rental contract as they will want your credit card before turning over the rental car to you.

I actually would be interested to know if the car that was stolen had insurance. Here in MA you have to have insurance to protect the other party in an accident. If the other car was insured even though it was not being driven by its owner can you still subjugate against the company that insured the car?

dean1484 wrote: If the other car was insured even though it was not being driven by its owner can you still subjugate against the company that insured the car?

That may be a possibility, but I don't want to pursue it."Hi, I'm making a claim against the car you had stolen and totaled." I am trying to protect myself, but not at the cost of another innocent.I also will not pursue anything against the Police. Sure, they were chasing someone through an urban area, and maybe that was dangerous, but they were doing their jobs as best they could.

Thanks, dean1484 for the other advice. I remember your Jag ordeal well. Yes, my time is worth something. No, I will not come out of this whole (well, me, yeah, but paid off, well maintained 85K Honda whole, no). I'm just trying to not be a chump, and recognizing my rates will likely get a hike, hoping to negotiate well before it is all over but the amortization the insurance will no doubt pass back to me. Also, good advice on the rental car. I'm not going to accept it if it costs me one red cent.

Actually is you are not deemed at fault I don't think your insurance rates will be an issue.

Re the other parties insurance I would have no problem going after them. If you are filing with your insurance they will go after them if they can. It is business. Lastly they have insurance for a reason. It is to buffer there liability in the event that there property damages others(you). It I why I carry additional insurance beyond the basic car insurance. It protects my home, investments and my business. It protects my life. If they did not have it your insurance could go after them personally if they were found negligent in any way with respect to the theft of there car. Lastly everyone should be thankful that you were not hurt. Costs associated with injuries that could have happened would make the cost of replacing your car look like nothing. A quick trip to the ER and an MRI later and a nights stay for something as simple as a stiff neck and a bump on the head can easily eclipse 30k.

In the end if you are going through your insurance you don't have a say as to what your insurance does with respect to pursuing the other parties. Be it the thieves, the Poliece or the owner of the other car. Your want to not do it is admirable but it is not really your call unless you elect to not file with your insurance and eat the loss.

I'm just gonna say this again. You should not have to do anything other than make a claim, and provide the necessary documentation.

Streetwiseguy wrote: Anything other than your insurance making you whole again is not your responsibility, and I would scream bloody murder if they didn't fix you promptly.

Streetwiseguy wrote: I'm just gonna say this again. You should not have to do anything other than make a claim, and provide the necessary documentation.

Streetwiseguy wrote: Anything other than your insurance making you whole again is not your responsibility, and I would scream bloody murder if they didn't fix you promptly.

Ya that is how it should be but then there is reality and that is the insurance company will pay as little as possible. They don't make money paying claims.

Then there is the definition of whole. Yours and the insurance companies rarely are the same.

The only accident I ever thought I was over compensated for was one I don't remember. Every one I have always had to push back and get what I was due. Tax title and registration costs always seem to be forgotten about untill I ask for them.

I know the price negotiation is your deal, but I cannot imagine how who pays is your problem.

wheelsmithy wrote:

dean1484 wrote: If the other car was insured even though it was not being driven by its owner can you still subjugate against the company that insured the car?

That may be a possibility, but I don't want to pursue it."Hi, I'm making a claim against the car you had stolen and totaled." I am trying to protect myself, but not at the cost of another innocent.I also will not pursue anything against the Police. Sure, they were chasing someone through an urban area, and maybe that was dangerous, but they were doing their jobs as best they could. Thanks, dean1484 for the other advice. I remember your Jag ordeal well. Yes, my time is worth something. No, I will not come out of this whole (well, me, yeah, but paid off, well maintained 85K Honda whole, no). I'm just trying to not be a chump, and recognizing my rates will likely get a hike, hoping to negotiate well before it is all over but the amortization the insurance will no doubt pass back to me. Also, good advice on the rental car. I'm not going to accept it if it costs me one red cent.

Every policy I've ever read says that coverage is only in force when cars are being driven with the owner's permission, so AFAIK it is effectively impossible for a stolen car to be covered by insurance. This is what uninsured motorist coverage is for.

Trying to go for liability on the part of the police, owner of the car, etc is the sort of thing people do when looking for "deep pockets" in the case of major injuries or deaths. Even if there was a case and you were inclined to go down that route, there's no way it's worth a lawsuit for a totaled Honda Fit.

Insurance rules vary widely by state (I live in CA), but my expectation is that this claim should not affect your rates. UIM is, by definition, coverage for events that are not your fault. The one time I had to use it (rear-ended by a stolen car, hit-and-run, but I got the plate and filed a police report) they waived the deductible and it didn't count against me in any way.

As for rental car coverage, personally I only rent cars if I have no other choice. I hate driving rental cars, even "free" ones, and I'd much rather drive something I own. So the reimbursement level isn't really relevant to my decision about whether or not to get one (if I need it, then I need it).

Sorry to hear about your accident. Glad you're OK.

If the car was truly stolen and the accident was in the course of pursuit, you (and your carrier) will have no course of action against the carrier for the stolen car. Even if it wasn't stolen, you probably wouldn't have a course of action as the fleeing cars' policy could deny coverage. From what you have described, this will be an uninsured motorist claim from the start...if UM physical damage even exists in your state. If it doesn't, then it'll be a not at fault collision claim. You will have to pay your deductible. Your insurance carrier shouldn't have any issues coming up with a fair value for your Fit. It's a common car. However, if you feel it's inaccurate, just be prepared to give comparable local examples to explain why. If you're right, they will change their offer...though honestly I would say 95% of the time, we don't run into this issue.

Don't be surprised at all if you get an attorney representation letter for one or all of the passengers in the stolen car. Like it or not, they can...and many times do...make a claim. Since the stolen car would have no coverage, depending on state law (specifically joint and several law), they may be able to pursue your policy.

In reply to Klayfish:

Thanks, Klayfish. What will be will be. I appreciate all of you people and the advice.

JohnRW1621 wrote: Start building a case as to what price it would really take to replace your exact Fit. Use autotrader and cars.com type websites and save/print listings of cars in your exact condition and exact level of trim (pay no attention to what color.) Geographically search as far as you have to to find the exact trim and exact level of condition. If your car is really totaled, you will then use theses facts as negotiation to determine the payout on your car. That's right, you can negotiate the price of the insurance payout if you have facts. The first offer the insurance company gives you will be exactly that, a first offer. With supporting documentation you can slightly raise that offer. Sorry for your loss but glad to hear you are well.

Right up until they drop you. I dickered with my insurance company on the write off of my Datsun z. They said it was worth 550$. I told them it was well worth more. We couldn't come to an agreement so they sent out a third party appraiser. He said 2750. They agreed and a month later I got a letter saying they were dropping me AND my parents! (Same policy.)

Sorry to hear about the fit. I might be interested in the parts you hadn't gotten around to installing yet if they fit my '09. Good luck with your claim, sounds like a pretty E36 M3ty situation

Trackmouse wrote:

JohnRW1621 wrote: Start building a case as to what price it would really take to replace your exact Fit. Use autotrader and cars.com type websites and save/print listings of cars in your exact condition and exact level of trim (pay no attention to what color.) Geographically search as far as you have to to find the exact trim and exact level of condition. If your car is really totaled, you will then use theses facts as negotiation to determine the payout on your car. That's right, you can negotiate the price of the insurance payout if you have facts. The first offer the insurance company gives you will be exactly that, a first offer. With supporting documentation you can slightly raise that offer. Sorry for your loss but glad to hear you are well.

Right up until they drop you. I dickered with my insurance company on the write off of my Datsun z. They said it was worth 550$. I told them it was well worth more. We couldn't come to an agreement so they sent out a third party appraiser. He said 2750. They agreed and a month later I got a letter saying they were dropping me AND my parents! (Same policy.)

I'd bet you $100 that those two things you describe were mutually exclusive, just coincidence. It doesn't really work that way. If an insured is DUI and kills someone, then yes, those things can very much prompt underwriting to non-renew a policy or drop it (if state laws allow...many don't). However, arguing about the first party value of a vehicle is something that underwriting usually doesn't even know about and really won't care about. Besides, it wouldn't make financial sense for them to drop two policies as you described all because they had to pay a few thousand more for a car. If that claim was anything less than 15-20 years ago, the Datsun Z was a very old car. It's not uncommon whatsoever for really old cars to be far undervalued by valuation services (which is what insurance companies use to come up with values). Honda Fits they nail pretty well, but antique/unusual/collector cars...not quite as much.

cmcgregor wrote: Sorry to hear about the fit. I might be interested in the parts you hadn't gotten around to installing yet if they fit my '09. Good luck with your claim, sounds like a pretty E36 M3ty situation

I'll get back to you once this is settled. Upper and lower radiator hoses, two heater hoses, a thermostat and gasket, and a belt are what I've got. '09 base Fit 5-speed.

Update: I have not had a crash, or ticket in ten or so years. The world has moved in a strange direction in that time. To get the police report,I was directed to a website called TNBuyCrash.com, and that's exactly what I did. 10 bucks, plus a 6 dollar transaction fee later, I got a ten page report, complete with a diagram of the crash. Basically, the other driver is 17, has no license, and was responsible for quite a list of offenses. I was not cited for anything, so that's a bonus. I'm still waiting to hear word from my insurance, but no doubt, this will be an uninsured driver claim. The Chevy Cruze is an adequate rental car. It serves as an excellent reminder that I don't want a car with all the bells and whistles. I'm mostly letting it sit, and driving my truck, but it is there should I need it.