Need your adivce - rear end collision

liden99 · Sep 13, 2009

Hi. I would like to ask dear members some questions before handling this problem with a car insurance company to repair it.

I got rear-ended last Friday night by a white Honda Civic. She was told by a police man that she was driving in 25 mph and hit my bumper without applying the breaks. It means, I got hit in 25 mph according to the report. However, nobody drives the road in 25 mph that is the speed limit. So I assume that I was hit by over 25 mph, mostly 30-35 mph.

After the accident, I found that the bumper is broken although still there, and I am able to see many spaces among the interior parts, and the rear door is also damaged. So, I thought that that's all I need to ask to fix. However, when I opened the storage underneath, I found that the cloth cover of the storage is severely wrinkled and the tire pressure warning lamp is always turned on. And more, road noise is a lot more louder than ever.

I need to go to Toyota Collision center on Monday to deal with the insurance company agent about my lovely RAV4, so wanted to gather some information. In the meanwhile, I found someone saying that two main frame posts were bent after that kind of accident. Yes, he said his RAV4 was "totaled." I do not know whether mine is totaled or not since I can still drive. But I assume that it is drivable even if the main frames are bent.

Here is my question:

How can I have or force him the agent check my RAV4 thoroughly ? To my experience, they just briefly check exterior and estimate the price. Should I indicate every place I have been recognized? Or should I fold my arms and let him do whatever he wants? And how can I know he is right if he says the frames are alright?

What should I do if the agent refuses to do? Should I consult this with a lawyer?

Please let me know what I should do to protect my right and property. I am totally ignorant about car accident and do not know what I should do. I need your help...

mensajero · Sep 13, 2009

Some times insurance companies work with their clients, some are just plane a$$hole$. Remember, he is an expert and knows the trade. Take some pictures where you consider their is non visible damage and take them with you. Insist that AFTER the accident it doesn't drive as well and that you feel something is wrong with the suspension. Do some research regarding RAV4 crashes. If you can, take examples of video in a jump drive. The interview with the agent is critical. Watch your answers and be very specific on your answers and most of all, be consistent. If you let yourself, he'll mangle you. If you are prepared, he'll see that you are a potential court client and he might give in. Remember, they are trained for this type of confrontations. If you see that it isn't going your way, (you ARE the client BTW),
Do not threaten, act. :wink:

BarnyFife · Sep 13, 2009

Did they hit the spare wheel, the frame it is mounted on in the door is easily bent out of shape, I backed into a phone pole at idle speed and it pushed in the spare about 4 inches on the right side and broke the cover clips which I did not discover until I had to remove it to add air to the spare, make sure your comes off ok.

Gbcue · Sep 13, 2009

If the shop finds damage after they take all the parts off, they'll usually call the insurance company and request more money.

Carbon · Sep 13, 2009

Were you in the car at the time? If so, I would be worried more about getting yourself checked out.

Is "last Friday" on the 11th or 4th? If you feel any effects at all, even tho they don't seem serious, you should be concerned.

If it is property damage only, I don't have any real insight. I would probably get my insurance to pay, especially if you have rental car coverage. In many states you get your deductible back if the other driver's insurance pays, even if they get back less than they spent.

Your car has substantial value as it sits. I think totaled means that the repairs would cost more than what the book value is minus what they could sell the wrecked car for. Any chance you might want to get a new car? This might be the time, even tho you will have to add some money to the deal. You did not say if your car was 3 months old or 3 years old. The repaired car will look nice, but you never know if it is going to have some shortcoming that will show up later.

Mikey D. · Sep 13, 2009

One more thing to consider, make sure you get a warranty in writing once the repair work is done. The collision place I use (I've had a few fender-benders in my day) gives you a 1 year warranty on ALL of the repair work they do.

Good luck!

Zeoth · Sep 13, 2009

Sorry to hear about that.

First go to more than 1 repair shop. It's your right to pick any shop you want. I personally would go check out where they repair $80,000 cars. You know they should do a good job. Then compare who you think will do a better job. Maybe they will just say the car is totalled.

Second, if there's any damage to the pillars (yes that even includes rollovers or smacking the rear tire hard enough that it bends the pillar), usually the car is considered totalled.

Totalled/repaired cars usually has problems and also resells for less.

fused · Sep 13, 2009

After dealing with a total loss myself last month I can honestly say I didn't have any issues that people are posting. I have USAA and the whole ordeal went fairly smooth considering.

In Florida(different state to state obviously) it's considered a total loss by law if the repairs exceed 75% of the value of your car. I would suggest not taking the Rav4 to an insurance recommended repair facility, I have no evidence to suggest any difference in service but why go to an 'insurance friendly' repair shop. It's a Toyota, who better than to take it to then a Toyota dealer? Truthfully, your adjuster will know every repair shop in town anyways.

Be specific; almost kind of 'point form notes' when talking to the adjuster. He's not interested in stories, just the basic facts and sometimes long winded explanations can skew the facts somewhat. If it's anything like my experience the adjuster will come out, access the damage and give you an estimate on the repairs. He'll likely need further review and suggest taking it to your chosen shop for a more complete analysis.

You should qualify for a rental car since you will be without your vehicle. I'd also ask about accessing a diminished value of your vehicle now that it's been in an accident while your at it. You can google that for more info, but it basically comes down to compensation for losing resale value of your Rav4.

liden99 · Sep 13, 2009

Thank you very much for all your concerns and advice

I really appreciate all of your advice.

To mensajero: Thank you. I will try to calm down and talk, not shout in whatever situation happens.

To BarnyFife: The other driver hit the bumper and lower part of the cover for the spare tire.

To Carbon: The accident happened on Sept. 4th 10:27PM. I got injured on my neck, back, and lower back, and am treated by physical therapy that takes a lot of my hours. I am a little afraid of driving my lovely RAV4, and am seriously thinking about going for next car... which will take a lot of money again!

To Mikey: I will make them sure to write the warranty.

To Zeoth: Thank you for your advice. I will ask the insurance company agent to have thorough check to find out the real problem.

I will let all of you know what happens after coming back from the repair shop.

GregoryV · Sep 13, 2009

I feel your pain

I just went thru the same thing you did. My 2009, only 2 weeks old and 450 miles, was parked in front of our house and a drunk :evil: came around the corner and smashed into the drivers-side rear corner

. The Toyota collision center had a good handle on what damage there was, and worked with the insurance adjuster. Toyota had the damaged area opened up prior to the adjuster getting there (panels, etc.. removed) to be able to see all exterior and internal damage, such as frame, wrinkled roof, internal and external panels. Thank god there was enough damage to result in a "TOTALED" status, thus not having to drive a new car that had such extensive damage. I now have another 2009 RAV4. Toyota collision guaranteed that ALL damage would be repaired and that if they started repairing and found additional damage they would notify the ins. people and would be covered. They also said that the work would be warranted for the life. I, too, felt at the mercy of the Insurance people, but Toyota assured me that their work would bring it back to NEW condition. Good Luck, Greg

liden99 · Sep 13, 2009

Re: I feel your pain

Thank you for letting me know. How was the speed when the drunken guy drove into? By the speed, I might be able to guess the damage of my car. Was your car drivable? Mine is, but it is a little scary though.

GregoryV said:
I just went thru the same thing you did. My 2009, only 2 weeks old and 450 miles, was parked in front of our house and a drunk :evil: came around the corner and smashed into the drivers-side rear corner . The Toyota collision center had a good handle on what damage there was, and worked with the insurance adjuster. Toyota had the damaged area opened up prior to the adjuster getting there (panels, etc.. removed) to be able to see all exterior and internal damage, such as frame, wrinkled roof, internal and external panels. Thank god there was enough damage to result in a "TOTALED" status, thus not having to drive a new car that had such extensive damage. I now have another 2009 RAV4. Toyota collision guaranteed that ALL damage would be repaired and that if they started repairing and found additional damage they would notify the ins. people and would be covered. They also said that the work would be warranted for the life. I, too, felt at the mercy of the Insurance people, but Toyota assured me that their work would bring it back to NEW condition. Good Luck, Greg

ythind · Sep 14, 2009

Our RAV was less than 6 months old when it got rear-ended in a bad snow storm. The wife was driving at the time and I *estimate* the guy behind her was going ~35mph when he skidded and slammed square into rear. She told me that she just heard a loud noise and didn't feel much else. She was very impressed with how well this car took the hit. Kudos to Toyota for building a rock solid car!

The damage was signficant, but wasn't all evident by looking at it. Visually, the rear bumper was ripped off, the rear door was smashed in with the spare tire bent downwards. It still drove fine and when I took it to Toyota collission, they estimated about $5k of damage. But once work was started, they found more damage in the underbody and essentially they ended up putting in a new floor from the 2nd row of seats to the tail end of the car. Final figure came out to $8500, and it was in the shop for nearly a month. The car has been driving fine since then but you can tell the rear door does not close with same level of precision as it did before. Wish it would've been totalled cause I would've loved to upgrade to the limited trim in the same car.

So chances are they will find all the damage on your car - though maybe not all at the initial inspection. Hope this helps and good luck.

normkol · Sep 16, 2009

If you're meeting the agent at the Toyota service center, that's good. Let them deal with the agent, they're more knowledgeable about getting all the repairs covered.

My daughter was driving my '08 last year when someone fell asleep at the wheel and hit her rear. There was damage to the bumper and rear door, coming out to about $4000. I let the body shop negotiate with the insurance company and it all turned out well.

BTW, I did not file the claim with my company, I filed with the company of the car that hit mine. This way, there was no deductible and wouldn't go on record against me with my company.

rtb159 · Nov 17, 2013

Question about body injuries

ythind said:
Our RAV was less than 6 months old when it got rear-ended in a bad snow storm. The wife was driving at the time and I *estimate* the guy behind her was going ~35mph when he skidded and slammed square into rear. She told me that she just heard a loud noise and didn't feel much else. She was very impressed with how well this car took the hit. Kudos to Toyota for building a rock solid car!

The damage was signficant, but wasn't all evident by looking at it. Visually, the rear bumper was ripped off, the rear door was smashed in with the spare tire bent downwards. It still drove fine and when I took it to Toyota collission, they estimated about $5k of damage. But once work was started, they found more damage in the underbody and essentially they ended up putting in a new floor from the 2nd row of seats to the tail end of the car. Final figure came out to $8500, and it was in the shop for nearly a month. The car has been driving fine since then but you can tell the rear door does not close with same level of precision as it did before. Wish it would've been totalled cause I would've loved to upgrade to the limited trim in the same car.

So chances are they will find all the damage on your car - though maybe not all at the initial inspection. Hope this helps and good luck.

Was the vehicle stopped at the time of impact? Were there any bodily injuries?

RTexasF · Nov 17, 2013

Just FYI -you are responding to a post that is over four years old. The last activity for the original poster was in 2010.

4cyturbowrx · Nov 18, 2013

My rav is at the body shop as we speek.... Was rear ended by 19yr old girl doing 30. If it wasn't for my tow hitch I think it would of been a total loss... Mine also needed a rear floor pan .... I was pushed into a truck that had a tow hitch ( fram on fram ) it's up to about 9k already.... But the parts that are being replaced are the parts that take the brunt of the impact .....

Need your adivce - rear end collision

liden99

mensajero

BarnyFife

Gbcue

Carbon

Mikey D.

Zeoth

fused

liden99

GregoryV

liden99

ythind

normkol

rtb159

RTexasF

4cyturbowrx

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