New Truck Rear-Ended - Looking for help/advice

dbcooper748 · December 11, 2015

Btw, how fast was the Ram going? Im kind of suprised the frame bent like it did, unless it was a pretty significant speed

And for that matter, what did the Ram look like after?

GsBowtie · December 11, 2015

Hi tim,

I've been handling 1st party claims for nearly 12 yrs now. Sorry to hear about this. A few things to keep in mind. I don't handle liability claims (thankfully), but some of this may be helpful. ..

Some states do not allow diminution in value, it's a policy or statutory exclusion. I don't know where you live but I'd look into that.

With that much exposure and damage, I'd consider putting your own carrier on notice. You may want to let them handle your claim and then subrogate against the adverse carrier. They should hopefully treat you better than the adverse carriers liability handler.

Your truck is too new and worth too much to total, it's not going to happen. The ACV of your truck I'm sure is north of 35k. Even if it needs an entire new frame it won't total. I don't think arguing is going to help much. There are state laws that dictate how much damage is required to total a vehicle. Insurance is highly regulated in this day and age.

I wish you all the best. You may want to consider talking to your dealer to see what they'd do on a new truck trade and trade out of it after its fixed?

You can and should negotiate the best possible settlement you can, but remember this is a physical damage claim, not a personal injury claim. Things are much more black and white in physical damage claims which is one reason i like handling 1st party auto claims.

It's all in what you want to do but again I wish you the best and again, I'm sorry this happened to your brand new rig

-G

SkiDooNick700 · December 11, 2015

X2 I'm also curious how fast the impact was? ?

mr. tim · December 11, 2015

The speed limit on the road was 35mph. I was stopped completely waiting to turn. Lets give the benefit of a doubt and say she was doing the speed limit so maybe a 35mph impact. I really don't know, nor did I ask.

I am in PA, about 30 miles southeast of Pittsburgh. Yes both of us were uninjured.

I guess starting in the morning, I will call the DMV and the PA department of insurance to see what I am able to do/not do. Ill follow that with a call to my insurance to discuss options. Ugh....

Thank you all for the advise and suggestions.

ccdies · December 11, 2015

damn dude, that sucks

GsBowtie · December 11, 2015

To my knowledge PA does not allow diminution in value. But do double check, Again i don't handle liability claims. I know it is a policy exclusion on the 1st party side in most policies.

SkiDooNick700 · December 11, 2015

At the surface of these pictures, it really doesn't look like either truck took a ton of damage. Amazing how small the damage looks compared to how much there actually is when you crawl up underneath

Colliewood · December 11, 2015

At the surface of these pictures, it really doesn't look like either truck took a ton of damage. Amazing how small the damage looks compared to how much there actually is when you crawl up underneath

Maybe that is because of safety, today's designs better distribute the force of impact, just guessing. Plus it was truck hitting truck (more mass) so mass times velocity

Just tossing random thoughts.

Had a friend who's car was hit and she hired someone who could document (appraise) diminished value. I don't know where you find such people but they are out there. Hopefully your state supports it. Get an idea of your trucks market value, look at what others are asking, there might be a few 1 year old trucks with low miles out there to get you in the ballpark.

Don't forget any personal or add on items of yours that were damaged, even if just a cellphone charger. I hope they gave you a rental, if not, ask for one.

Talk to your agent, even if nothing else, just to pick his brain on how the process works, how would your company handle this if reverse., etc. He should know the laws. Talking to the salesman who sold you the truck won't hurt. They deal with people trading in cars with accident reported and would love to sell you another truck (if the insurance ponies up to your benefit).

If you can claim diminished value, find out how long you have to make that claim. If you have time, and you see the accident on carfax, shop around and see what kind of offers you would get in a trade. If you have a Carmax near by, see what they offer knowing it was damaged, they give a written offer.

Be polite with the insurance rep, understand they are more experienced at this than you so take your time evaluating their offer and understand their first offer will always be their lowest. Do your research and put up credible resistance to bring them up. Educate yourself as best you can.

14 Silverado · December 11, 2015

I would fight them to get your truck totaled. Along with that I would get your insurance involved so they can give you advice and fight for you. That's what you pay them for. I had similar issue with my 2013 corvette was not at fault and other parties insurance said they were going to repair my vette but with all the damages to it I was uncomfortable having it repaired it only had 10k on it and a year old. I contact my insurance told them what was going on they sent a rep out to look at my vette and a week later I had a check from the other parties insurance company because it ended up getting totaled. Wouldn't have gone that way if I didn't contact my insurance. So best to let them know what's going on. Hope all works out.

BIGDOGx · December 11, 2015

You can google search for the states that allow those claims and sorry to say yours PA is not one of them it seems, I didn't even have to look if Massachusetts allows it because i know anything that might be a positive towards the customer is not allowed in this crap state!

TxTruckMan · December 11, 2015

Man, that sucks.

First you should talk with your personal agent and adjuster to understand what your options are. Your agent probably doesn't know most of the laws, but your adjuster should.

Second, and it sounds like you've done this, make sure to use a large, reputable shop that is associated with multiple insurance companies. These shops are usually allowed to make decisions on repairs without having to ask the insurance company for permission. They just do it and send in the bill. They're trusted and approved to handle insurance claims and strictly follow the laws and rules.

Third, severe frame damage is a whole different category on damages, and you should look into the laws more carefully. I had some relatively minor frame damage on my 2014 Denali earlier this year which was also going to require a frame replacement, and my $45k Denali had to be totalled due to Texas law. Not many states have that strict of laws, but some do. You need to understand the laws in your state. A good repair shop should know the laws and help you out.

mr. tim · December 11, 2015

Update #1

So in talking with the PA department of insurance, PA has no law nor policy recognizing diminished value of a vehicle. The only way to get a diminished value is either through court approval or if the at-fault party insurance company allows it. In PA it is at the insurance companies discretion which means no.

My agent wants me to let my insurance company handle the claim to make sure the at-fault party's insurance does not try to low ball my cost to fix. At this point I declined because I have not even spoken to the at-fault parties insurance company yet. I want to see what they have to say prior to making any decisions. I still have 2 collision estimates to get later on today.

JeremyW426 · December 11, 2015

Nothing but sympathy for you here man, I have a 2015 Silverado and I was rear ended by an 01 F150 last week but luckily all that had to be replaced on mine was the bumper. Definitely fight for diminished value. I would be damn near sick to my stomach if mine had been that much damage. Hopefully everything works out for you.

Vic15 · December 11, 2015

How are you feeling today? Stiff neck, aching back? Go see a lawyer who will then probably send you to a doctor. I was rear ended in a regular cab and my head wiplashed through the back window 30+ years ago & I still have neck issues. The truck should be replaced with new. GMC-AT has reasonable advice. The attorney doesn't have to be sleezy...