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Accident

8K views 58 replies 33 participants last post by  tug_slug  
#1 ·
Well guys and gals, after the loooong wait of more than 8 weeks to get the truck, now I'm going to be waiting a loooong time again to get it back or get a new one.

Just got rear ended by a drunk driver while stopped at a stop light. My rear end is pretty messed up, and I believe the rear axle is bent. Definite frame damage. The tow guy said in his opinion it's not totaled, about 8k-9k damage. I'm hoping it's totaled because I don't want to have all the troubles down the road like alignment issues, etc.

If there's any suggestions that anyone has, please let me know. I've been to plenty of accidents while working, but first accident I've ever been involved in.
 
#7 ·
Nope, no airbags since it was a rear end collision. I don't remember if the seat belt tensioners actually activated or whatever, but I'm pretty sure it did since I didn't hit anything except my knee hit the dash a little.


Right now the truck is at the tow company's lot, but I'm going to see if they can bring it to the dealership tomorrow.

I just can't believe this happened. The same exact thing happened yesterday in my town, except 2 people died, plus 2 puppies :sosad:.

On a brighter note though, our trucks are AWESOME. The Nissan Frontier that rear ended me was f***ed up. BAD front end damage. But mine isn't so bad.
 
#11 ·
For the truck to be claimed as totaled? The repairs would need to cost more than the truck is worth. Since it is NEW I really doubt they will Total it.

There would need to be Major Frame damage.
Depends on the insurance company. My 04 had $17,000 worth of damage with no frame damage.
Geico gave me a check for $23,500 with a have a nice day.
 
#13 ·
Calling all ins guys

Maybe there is an insurance guy on here who will tell us about this. I have heard of it before and cannot remember exactly what the guy said, but it was something like they will pay for a new vehicle if it is within a year of new and the damage is 75% of the value or something like that.
 
#16 · (Edited)
Glad to hear you are ok....The thing that sucks the most for you is if they choose to fix your truck, your truck will have an accident record which will affect your overall re-sale value. Hopefully the a-hole that rearended you insurance company compensates you financially for that. It's going to suck for you when and if you decided to sell your truck down the road. If it were me, I'd press his insurance company to payoff your truck, and get you in a new one.
 
#17 ·
I assume this happened yesterday? on super bowl sunday? the worst night for drunk drivers? With all the drunks out last night be glad youre not dead. But, you may get a shiny new truck. My advice for you in a rear end collision is to get a BIG TRAILER HITCH.:clap:
 
#19 ·
Thanks for everyone's input. Definitely thankful no injuries. Went to the Toyota dealership licensed shop and they said it's definitely not totaled. The frame's crumple zone is crushed in, but he said it would pull right out.

Here it is:

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I was almost at tears just looking at the truck, seeing it the way it is now :sosad:. But extremely thankful no one was hurt. Everything happens for a reason is the way I look at things.


For all the lawyers out there, is there anyway that I can sue for retributions to get the difference that it would cost from selling the truck after it is fixed and to get a new truck? I don't want to be driving around in a problem vehicle and have the thought in the back of my mind that it has frame damage and is not as strong as before.

Thanks for any help
 
#20 ·
Make sure you have them take the bed off to do their final estimate of repairs. When I was rear ended the frame was bent where the trailer hitch bolts on, they wanted to replace the entire frame and give the truck back to me, have them check the frame where the hitch bolts on, tell them you tow the full payload and ask if it will be safe to tow still after the frame repairs.

If it's even close to a total loss, i.e. 2-3k, get a 3rd independant estimate, my insurance adjuster was overlooking soooo much in repairs that after I called him on his oversights he totalled the truck.

If you get it fixed let me know, I have a Diminished Value report I paid for that could be easily be edited for you, it will save you some money.

Any questions just send me a PM.
 
#22 ·
Google: http://www.google.com/search?hl=en&q=diminished+value+report

Also, remember the autobody shop does NOT want your truck to be totalled, they want the work. It's up to the insurance to decide if they will total it or not, you should get a claims adjuster assigned to your claim, he will contact you and ask where your truck is at, he will write up an estimate. Since you are not at fault this will be the responsible parties insurance, they also include cost to put you in a rental etc. when doing their estimate.

If dealing with the other parties insurance mention a deminished value claim, it migh help them to decide it would be cheaper to total the truck.

A lot depends on which insurance your dealing with and your state laws.
 
#23 · (Edited)
Honestly, If that was my truck and the insurence co. would not total it I would have it repaired and I would tell the shop I want a NON DETECTIBLE repair or I would not accept it back until it was done right. Once it was done I would go straight to the dealer and trade it in. If it was just the bumper or tailgate I could live with that. But anything more I would not sleep thinking about it. Once the frame gets wacked its lights out. The truck Is gone in my eyes. This is only my opinion. Frames and paint work can be done right and undetectible and normal people could live with the knowing of what it was. But I am not normal
 
#24 · (Edited)
Make sure that if they decide to fix it, that they put all TOYOTA OEM parts. Not cheap aftermarket crap. I personally would sue for depreciation and buy a new one. I wouldn't keep a new truck that has been repaied and/or has frame damage. How many miles does it have. Maybe you local union lawyer can give you advice. I'd sue the crap out of any drunk that hit me because the majority of em get off easy in court.
ps- those pics wanna make me cry!!!!
 
#25 ·
I doubt they'll be able to repair that frame back to pre-crash strength and standards and have Toyota back it. If they do fix it, get rid of it afterwards. I wouldn't want it back because in the back of my mind I would question the integrity of the work and how it would hold up over throughout the years.
 
#27 ·
tear

man that's sad, i was involved in a hit an run and it cost 5k to fix and all he did was side swipe me. My friend put his truck on the side and they totalled it out. Man it's realy sad to see your truck like that. So what's the final verdic for your truck?
 
#28 ·
thanks for the comments guys...i'm not looking for any sympathy or anything, just a message to everyone to not drink and drive. everything happens for a reason i guess.

I need your guys'/gals' opinions. The guy said the rear end of the frame is basically a crumple zone, and that the frame did exactly what it was supposed to do when it gets hit. He said that they use a frame straightener and just pull it out to fix it. Does this make the frame not as strong as it is completely new, and the towing capacity decreased? In my mind it's like bending a piece of metal, the more you bend it it'll get weaker and sooner or later it will break at the bend.

My plan is to see how much more I would need to add to trade the truck in after it is fixed to get a new same exact truck, then sue the guy for whatever the difference is. I'm not out to make money from the guy or anything, just want to get what I had back and not have to drive around in a problem vehicle with frame damage just cause of some stupid a**hole.

Anyone know of any good motor vehicle accident lawyers in the southwest Connecticut area?
 
#29 · (Edited)
If it is done right it will be as good as new. You need to tell the insurence co. and the body shop that you want it done perfect and if it is not you will not accept it. TELL THEM THIS OVER AND OVER.. As I said above if you get a really good shop they can make it undetectible . As far as the paint goes if they use a quality paint and do it the correct way it would be better than factory and I would demand the entire truck be painted and everything removed before such as handles, mouldings etc. If you decide that you are going to keep it and they agree to paint the entire vehicle ask them to use SPIES HECKER OR STANDOX PAINT and if it were my truck and I decided that I was going to keep it I would have it painted BLACK with no metal flake. Blue Black is as black as you will ever see. Unreal color. Tell them you want NICKOLE AUTOBODY in Saugus MA to do the repairs. If he does it it will be like a show truck. The best around EARNIE NICKOLE is well known. He is a real honest craftsman and does it right the first time. The Drunks insurence co will pay for the tow to MASS.http://www.nickoleautobody.com/
thanks for the comments guys...i'm not looking for any sympathy or anything, just a message to everyone to not drink and drive. everything happens for a reason i guess.

I need your guys'/gals' opinions. The guy said the rear end of the frame is basically a crumple zone, and that the frame did exactly what it was supposed to do when it gets hit. He said that they use a frame straightener and just pull it out to fix it. Does this make the frame not as strong as it is completely new, and the towing capacity decreased? In my mind it's like bending a piece of metal, the more you bend it it'll get weaker and sooner or later it will break at the bend.

My plan is to see how much more I would need to add to trade the truck in after it is fixed to get a new same exact truck, then sue the guy for whatever the difference is. I'm not out to make money from the guy or anything, just want to get what I had back and not have to drive around in a problem vehicle with frame damage just cause of some stupid a**hole.

Anyone know of any good motor vehicle accident lawyers in the southwest Connecticut area?
 
#30 ·
I can't see how the frame will be as strong after straightening. I would think you'd have a lot more flex in the frame which would cause possible alignment issues down the road???

One thing I remember from when I was rear-ended was the other party's insurance company wanted me to sign a release from further financial responsibility before they'd cut me the check. In this case, I think I'd tell them up front to fix the vehicle, then you'll drive it and have it inspected to see if it's not as good as new and that there's no more loss in value. That might get them to consider up front the "true" cost of the damage...both in current repairs, possible future repairs after the work is "done", and depreciation in value.
 
#31 · (Edited)
Call Earnie and ask him. He will tell you how it is done. NO BULL STRAIGHT SHOOTER.
I can't see how the frame will be as strong after straightening. I would think you'd have a lot more flex in the frame which would cause possible alignment issues down the road???

One thing I remember from when I was rear-ended was the other party's insurance company wanted me to sign a release from further financial responsibility before they'd cut me the check. In this case, I think I'd tell them up front to fix the vehicle, then you'll drive it and have it inspected to see if it's not as good as new and that there's no more loss in value. That might get them to consider up front the "true" cost of the damage...both in current repairs, possible future repairs after the work is "done", and depreciation in value.
 
#32 ·
One more question for all the experts in collision frame repair.

The guy at the bodyshop said that the frame is kinked in the crumple zone in the back end. He is going to use a frame straightener to pull it out and re-align it. My question is: Is there research done or evidence that shows how this affects the strength and integrity of the frame + towing and payload capacities? The guy said that it will be strong as ever and not be any weaker than pre-accident. I'm looking for real facts, evidence, and experiences that relates to this, not just opinions. Because my opinion is it will not be as strong, but I could be wrong.

The way I see it, I have 2 options. I could try to sell it back to the dealership and buy a brand new one (but I'd have to wait another 8-10 weeks for it to arrive since they don't make it with the packages that I want in this region).

OR

Keep the truck and use the money that I will hopefully get from the diminished value from insurance and buy some add-ons for the truck like tires, rims, lift, etc.

Thanks for any input
 
#33 · (Edited)
I have no facts but Google might be able to help you in your search for them. Have you talked with the insurance yet? If you are just talking with the guy at the autobody shop you are not talking to anyone who can really help you much as he has little if any decision making power in this process.

All I know is when I was hit in the rear, the adjuster from the insurance told me that they COULD repair the frame, but that since I towed a lot that if they repaired the frame that it would not be as safe since that is where the bend was at (and it was pretty bad, a close 45 degree bend and pushed in about an inch on both sides).

All you can do is get the best pictures you can for pre damage history for your future use, and I might even check with TOYOTA on what they recommend regarding frame repairs and towing large loads since "you tow the 6,000lbs for long distances on a weekly basis."

I would check into getting a 3rd impartial estimate done of the damage and suggested repairs, it will probably cost you around $100 I would guess.

Like anything each case has it's own variables, depending on how bad the damage is I am sure they can fix it, just ask for pre/post measurements from the frame specs so you can compare them to factory specs.

Also, make sure the autobody shop has a LIFETIME warranty on repairs.

Edit: What is the total estimate to fix all the repairs? I would guess around $12k.
 
#34 · (Edited)
Sorry to be coming late on this but here are a few thoughts from a former claims adjuster.

Insurance companies have their own guidelines as to the amount of repair before totaling. They don't want to be in the middle of a repair and find a surprise that pushes repair costs over the vehicle's value. Did the drive shaft get pushed into the tranny? Gee, we should have totaled it.

Basically it is average market value less salvage value equals max for repair, less any reserve for surprises. They also have limits (such as 1,000) on undeclared extras such as lifts, wheels, sound systems, etc. If you didn't tell the insurer about them then you were charged and paid for insurance to cover the basic truck as it came from the factory - dealer installed items, above the limit amount, such as brush guards, aren't covers unless you declare the items.

If totaled you usually get the choice, market value from NADA averaged in with local listings, plus sales tax, plus unused registration and the insurance company takes the truck. Or you can keep the truck and get paid the market value less the salvage value. The adjuster gets the salvage value from an auction house.

State insurance laws also come into play, Texas doesn't recognize diminished value, Florida does. You can take your truck anywhere for repair but the insurance company only has to pay reasonable and customary expenses.

If a part isn't damaged don't expect it to be repainted. They may blend paint to an undamaged section but not repaint the whole section or truck. Many states allow after market or recycled parts once a vehicle has 12K miles or is over a year old.

Your damage doesn't look too bad from the pictures plus black is one of the easier colors to match, it is new so the Toyota paint spec is still accurate. The dealer is talking about the crush zone and not frame rails, wasn't pushed too hard against the cab. You should get a copy of any frame measurement they do and the wheel alignment report.

Lastly, expensive insurance companies tend to write bigger checks. Insurance companies with lower rates tend to watch repair costs very closely so they can afford to continue their rates. If not happy, call your state insurance board and/or ask for arbitration.

Good luck.
 
#36 ·
The truck is not BLACK it is Black sand pearl and not easy to match. no matter how good the match if you look at itin direct sunlight you will see a difffernece. It has blue and green
metallic in it and they will never get it exactly as factory mix.A blend will help but I would be able to see it. AND I HAVE HAD MY INSURENCE CO. PAINT MY ENTIRE CORVETTE AND ONLY THE FRONT FENDER HAD A HIT THE SIZE OF A SOFTBALL. YOU JUST HAVE TO FIGHT A LITTLE.
Sorry to be coming late on this but here are a few thoughts from a former claims adjuster.

Insurance companies have their own guidelines as to the amount of repair before totaling. They don't want to be in the middle of a repair and find a surprise that pushes repair costs over the vehicle's value. Did the drive shaft get pushed into the tranny? Gee, we should have totaled it.

Basically it is average market value less salvage value equals max for repair, less any reserve for surprises. They also have limits (such as 1,000) on undeclared extras such as lifts, wheels, sound systems, etc. If you didn't tell the insurer about them then you were charged and paid for insurance to cover the basic truck as it came from the factory - dealer installed items, above the limit amount, such as brush guards, aren't covers unless you declare the items.

If totaled you usually get the choice, market value from NADA averaged in with local listings, plus sales tax, plus unused registration and the insurance company takes the truck. Or you can keep the truck and get paid the market value less the salvage value. The adjuster gets the salvage value from an auction house.

State insurance laws also come into play, Texas doesn't recognize diminished value, Florida does. You can take your truck anywhere for repair but the insurance company only has to pay reasonable and customary expenses.

If a part isn't damaged don't expect it to be repainted. They may blend paint to an undamaged section but not repaint the whole section or truck. Many states allow after market or recycled parts once a vehicle has 12K miles or is over a year old.

Your damage doesn't look too bad from the pictures plus black is one of the easier colors to match, it is new so the Toyota paint spec is still accurate. The dealer is talking about the crush zone and not frame rails, wasn't pushed too hard against the cab. You should get a copy of any frame measurement they do and the wheel alignment report.

Lastly, expensive insurance companies tend to write bigger checks. Insurance companies with lower rates tend to watch repair costs very closely so they can afford to continue their rates. If not happy, call your state insurance board and/or ask for arbitration.

Good luck.