Horrible Accident

[M0J0]

I have been absent from this forum for a few days because I was in a horrible accident on Saturday.

I was riding in the back of our Expedition, my wife was driving. Just outside of Benson AZ a recliner fell out of the back of a pick up truck causing chaos on I-10. The result was we rolled 2 times with the vehicle coming to a rest on it's side.

After regaining my senses I looked out the window and discovered that the truck was smoking. Bystanders would not approach the truck because they feared the truck might explode. I broke out the window unbuckled my 13 YO son from his seatbelt and helped him out of the window. I got out through the same window and tried to get to my wife in the front of the truck. I couldn't. My wife ended up climbing into the rear of the truck and climbing out the window.

She was transported to a hospital in Benson where she received approximately 20 stitches to her head. Nobody had serious injuries.

THE COWBOYS LOST!

IT WAS A GOOD DAY!

[WhyNotTheCards?]

geez, sounds terrible. glad to hear everybody is ok though!

[M0J0]

geez, sounds terrible. glad to hear everybody is ok though!
Everyone is fine. The EXP is dead. I did retrieve the $2,000.00 DVD System from the Truck before I came back to PHX.

[Coltsgirl88]

Glad everyone is ok!

[Mibrilane #56]

THE COWBOYS LOST!

IT WAS A GOOD DAY!
Sorry about your accident, but you're absolutely right about one thing - a Cowboys loss is always enough to make it a good day. :thumbsup:

I'm astounded that more accidents of that nature don't happen - people transporting things are notoriously bad about securing them to their vehicles in this area. I'm not sure why, but that's how it is.

[Tiz]

Glad you and your family are okay MOJO. the car and other things can be replaced.

[lkratavil49]

I have been absent from this forum for a few days because I was in a horrible accident on Saturday.

I was riding in the back of our Expedition, my wife was driving. Just outside of Benson AZ a recliner fell out of the back of a pick up truck causing chaos on I-10. The result was we rolled 2 times with the vehicle coming to a rest on it's side.

After regaining my senses I looked out the window and discovered that the truck was smoking. Bystanders would not approach the truck because they feared the truck might explode. I broke out the window unbuckled my 13 YO son from his seatbelt and helped him out of the window. I got out through the same window and tried to get to my wife in the front of the truck. I couldn't. My wife ended up climbing into the rear of the truck and climbing out the window.

She was transported to a hospital in Benson where she received approximately 20 stitches to her head. Nobody had serious injuries.

THE COWBOYS LOST!

IT WAS A GOOD DAY!

I am so glad you and your family are alright! What a frightening experience.....your Cardinal's family are blessed to have you back and well, and I hope your lovely wife recovers quickly. Linda

P.S. Hope the Cowboys loss helped ease your families pain somewhat....

[Drachir]

I have been absent from this forum for a few days because I was in a horrible accident on Saturday.

I was riding in the back of our Expedition, my wife was driving. Just outside of Benson AZ a recliner fell out of the back of a pick up truck causing chaos on I-10. The result was we rolled 2 times with the vehicle coming to a rest on it's side.

After regaining my senses I looked out the window and discovered that the truck was smoking. Bystanders would not approach the truck because they feared the truck might explode. I broke out the window unbuckled my 13 YO son from his seatbelt and helped him out of the window. I got out through the same window and tried to get to my wife in the front of the truck. I couldn't. My wife ended up climbing into the rear of the truck and climbing out the window.

She was transported to a hospital in Benson where she received approximately 20 stitches to her head. Nobody had serious injuries.

THE COWBOYS LOST!

IT WAS A GOOD DAY!Must be going around as I was in an accident last Thursday. Hit and run on Indian School Rd and what would be 11th St. Luckily there was witnesses who got the license plate of the truck that ran and I thought it was an illegal with no insurance but he just didn't have a drivers license is why he ran. However he was borrowing his cousin's truck so his insurance company is claiming, "coverage" issues. I hate freaking insurance companies so I hired me an attorney for my injuries. Those freaking air bags hurt as well as I have burns on my left arm and stomach and some bumps on my head along with neck and shoulder injury.

I can not believe the offer my insurance company offered me as it was about $2,000 below low kelly blue book and I refused there offer but meanwhile they cut me off on the rental car which I don't understand since I pay the premium for it and have $50 a day up to $1,500 on that. I still have the rental car as I can afford it and will look to get reimbursed. It just sucks that insurance companies try to screw you over and I will be switching from Progressive Insurance when this whole incident is resolved in about 3 months as they will be losing my business and anyone else's business if they have it as well. I have heard that Farmer's insurance is good which I use to have about 12 years ago and they treated me very well in my accident back than.

Any thoughts on how to handle my current insurance company or on Farmers insurance these days?

[Tengeta]

Must be going around as I was in an accident last Thursday. Hit and run on Indian School Rd and what would be 11th St. Luckily there was witnesses who got the license plate of the truck that ran and I thought it was an illegal with no insurance but he just didn't have a drivers license is why he ran. However he was borrowing his cousin's truck so his insurance company is claiming, "coverage" issues. I hate freaking insurance companies so I hired me an attorney for my injuries. Those freaking air bags hurt as well as I have burns on my left arm and stomach and some bumps on my head along with neck and shoulder injury.

I can not believe the offer my insurance company offered me as it was about $2,000 below low kelly blue book and I refused there offer but meanwhile they cut me off on the rental car which I don't understand since I pay the premium for it and have $50 a day up to $1,500 on that. I still have the rental car as I can afford it and will look to get reimbursed. It just sucks that insurance companies try to screw you over and I will be switching from Progressive Insurance when this whole incident is resolved in about 3 months as they will be losing my business and anyone else's business if they have it as well. I have heard that Farmer's insurance is good which I use to have about 12 years ago and they treated me very well in my accident back than.

Any thoughts on how to handle my current insurance company or on Farmers insurance these days?
Wow, the guy who hit you is a complete idiot. All you have to do is appeal the ticket the cop gives you and show up at court with your license, and its more than likely going to be thrown out. My sister has done this a few time because she ALWAYS loses her wallet.

Very unfortunate for you as well, good luck with the insurance stuff it can be pure hell at times.

[Drachir]

Wow, the guy who hit you is a complete idiot. All you have to do is appeal the ticket the cop gives you and show up at court with your license, and its more than likely going to be thrown out. My sister has done this a few time because she ALWAYS loses her wallet.

Very unfortunate for you as well, good luck with the insurance stuff it can be pure hell at times.O no. Sorry let me make it clearer. He didn't have a valid drivers license as I am not sure if it was suspended, revoked or he wasn't a citizen, etc. The cousin that was driving the vehicle that is. The owner of the vehicle had proof of insurance, etc. but the insurance is claiming "coverage" issues because if he knew his cousin didn't have a valid drivers license and let him drive the car than he was at fault and the insurance company isn't obligated to fulfill the claim. Insurance companies always try to screw you over anyway they can.

[captjack]

try not to get killed until we can win a SB.

[Reckon]

THE COWBOYS LOST!

IT WAS A GOOD DAY!

:pointup: :pointup: :pointup:

[Tiz]

Must be going around as I was in an accident last Thursday. Hit and run on Indian School Rd and what would be 11th St. Luckily there was witnesses who got the license plate of the truck that ran and I thought it was an illegal with no insurance but he just didn't have a drivers license is why he ran. However he was borrowing his cousin's truck so his insurance company is claiming, "coverage" issues. I hate freaking insurance companies so I hired me an attorney for my injuries. Those freaking air bags hurt as well as I have burns on my left arm and stomach and some bumps on my head along with neck and shoulder injury.

I can not believe the offer my insurance company offered me as it was about $2,000 below low kelly blue book and I refused there offer but meanwhile they cut me off on the rental car which I don't understand since I pay the premium for it and have $50 a day up to $1,500 on that. I still have the rental car as I can afford it and will look to get reimbursed. It just sucks that insurance companies try to screw you over and I will be switching from Progressive Insurance when this whole incident is resolved in about 3 months as they will be losing my business and anyone else's business if they have it as well. I have heard that Farmer's insurance is good which I use to have about 12 years ago and they treated me very well in my accident back than.

Any thoughts on how to handle my current insurance company or on Farmers insurance these days?


1st and foremost happy you're okay too.

Secondly in regards to your car situation they are to offer you resale value for your car so the best way to combat their offer is to find online or in the newspapers 2 or 3 similar model cars with similar mileage for sale in your area and fax/email that to your claims adjustor. If he/she doesn't appear to budge demand his supervisor and let him know that your next step is to call the Department of insurance the man hours and the fine if the DOI sides with you is alot more than the 2k difference and usuallly they'll just give in to your demands.

I've never been too fond of progressive's claims handling Farmers is pretty good towards their own insureds but did have an issue a couple of years ago as to where their reserves where not where gov't regulations demanded them to be in case of a catastrophe so they were screwing claimants around and stalling to try to get their reserves back up.

[Tiz]

O no. Sorry let me make it clearer. He didn't have a valid drivers license as I am not sure if it was suspended, revoked or he wasn't a citizen, etc. The cousin that was driving the vehicle that is. The owner of the vehicle had proof of insurance, etc. but the insurance is claiming "coverage" issues because if he knew his cousin didn't have a valid drivers license and let him drive the car than he was at fault and the insurance company isn't obligated to fulfill the claim. Insurance companies always try to screw you over anyway they can.


That's not necessarily true. Unless the guy is specificallly excluded or the guy with insurance didn't pay his bill they can and will still cover the claim even with an unlicensed driver. They'll then amend his policy as a result of the accident. What happens is that it'll drag out the situation with your insurance recovering money and their recovery department can turn it over to legal and either sue his insurance directly or if the vehicle owner has any assetts they'll go after him directly.

[kjbad]

1) NEVER take shortcuts with your insurance. This guy (or gal) should be your best friend, not just your agent.

2) Find out when this guy is scheduled for court and SHOW UP. It's amazing how many traffic cases get dismissed because the on-scene officer fails to show or the injured party fails to show. And if he has insurance, go after him for your damages.

3) Go to edmunds.com or kbb.com and appraise EVERYTHING on your car. Do it yourself, don't trust the insurance guy. Then go back to the insurance co. and tell them this is what your car is worth and you'd like your check now. Then tell them you will be submitting a form for reimbursement for the rental car and if the matter isn't resolved by the end of the month, you're switching companies (now THAT'S Progressive! :)) It doesn't hurt to have a card from a lawyer IN YOUR HAND when you are at their office, just to put a little pep in their step to get your claim processed.

[Tiz]

1) NEVER take shortcuts with your insurance. This guy (or gal) should be your best friend, not just your agent.

2) Find out when this guy is scheduled for court and SHOW UP. It's amazing how many traffic cases get dismissed because the on-scene officer fails to show or the injured party fails to show. And if he has insurance, go after him for your damages.

3) Go to edmunds.com or kbb.com and appraise EVERYTHING on your car. Do it yourself, don't trust the insurance guy. Then go back to the insurance co. and tell them this is what your car is worth and you'd like your check now. Then tell them you will be submitting a form for reimbursement for the rental car and if the matter isn't resolved by the end of the month, you're switching companies (now THAT'S Progressive! :)) It doesn't hurt to have a card from a lawyer IN YOUR HAND when you are at their office, just to put a little pep in their step to get your claim processed.


Regarding #1. Your agent doesn't handle claims. No major company does that and your claims adjustor is typically in a centralized location. They'll use a field rep if they need a car appraised and they don't have a body shop in your area they work with. Unfortunately with too many companies the sales agent doesn't know the claims process either.

regarding #2. A case cannot be thrown out simply because the on scene officer doesn't show up. That's another common misconception those cases tend to get rescheduled. Typically the commanding officer for that on scene officer schedules that officer to be in court that whole day so that he doesn't have to worry about doing anything else and to an officer it's alot easier on their day to be in court than to be out on patrol. Now about the injured party showing up or not. This depends on what the case is for. If the other guy is just fighting a traffic citation then the injured party does not need to show up as the on scene officer will have everything needed and typically the offender is just going to plea the fine down. Now if it's a criminal case then yes the injured party should show up. If the injured party is needed they'll get a subpoena from the court in advance.

regarding #3 the issue with using appraisal websites is that they don't tell you an accurate resale value in your area which is why insurance companies tend to not offer an accurate amount. The company I work for guarantees you can find your same vehicle for the price that's offered to you in your area and will even give you an 800 # for a car finders company who will go out and get the car and negotiate the value for you at down to agreed upon settlement. But in the end as a consumer it's always better if you are able to find a few examples for your own records in your own local market as it helps speed up the process for you. A card from a lawyer is irrelevant. A good adjustor doesn't adjust the claim just because you have a lawyers name, card or even a phone call from an adjustor. If a claim is worth X amount of dollars before a Lawyer is involved it's still worth X amount of dollars when a Lawyer is involved especially with regards to property damage only. What happens with a lawyer involved is that the lawyer gets his cut which in most cases is 27% so the person affected by this all is the one that is out money now.

In regards to filing suit on your own insurance company if you get to the point where you do in fact call the department insurance your insurance has 45 days to respond and you'll get a ruling. If the DOI agrees with you but your insurance is slow to accomodate then I'd look into filing a bad faith suit with an attorney against your insurance company. Bad faith claims are things that insurance companies try to avoid at almost all cost and it's highly unlikely that a nationwide company like Progressive would allow it to get to that point. Typically knowing your rights and knowing that the Department of insurance is set up to make sure that insurance companies are being fair and just is enough to scare your adjustor and his/her supervisor.

[Lazy85249]

regarding #2. A case cannot be thrown out simply because the on scene officer doesn't show up. That's another common misconception those cases tend to get rescheduled. Typically the commanding officer for that on scene officer schedules that officer to be in court that whole day so that he doesn't have to worry about doing anything else and to an officer it's alot easier on their day to be in court than to be out on patrol. Now about the injured party showing up or not. This depends on what the case is for. If the other guy is just fighting a traffic citation then the injured party does not need to show up as the on scene officer will have everything needed and typically the offender is just going to plea the fine down. Now if it's a criminal case then yes the injured party should show up. If the injured party is needed they'll get a subpoena from the court in advance.


Tiz, are you sure about Arizona? It was a long time ago (1974 to be exact); but, a guy ran a red light at 60 mph and totalled my car. He was cited. The officer who issued the citation did not show up in court because he had to testify in a crimminal trial. I was in court: the Judge dismissed the case because the officer did not appear. The guy was jumping up and down with joy. A couple of months later, he sued me for $80,000+.

[Tiz]

Tiz, are you sure about Arizona? It was a long time ago (1974 to be exact); but, a guy ran a red light at 60 mph and totalled my car. He was cited. The officer who issued the citation did not show up in court because he had to testify in a crimminal trial. I was in court: the Judge dismissed the case because the officer did not appear. The guy was jumping up and down with joy. A couple of months later, he sued me for $80,000+.

CA used to be the same but the laws have been changed because of issues like police corruption. A judge will remind at a prelim that just because the officer doesn't show up doesn't mean the case will get dismissed. The CA judge I talked to said that the reason why they changed it is because people would have their officer friend assign the officer that was supposed to be in court that day to an assignment that took him out of the area. So they changed it so that if the officer is on assignment it won't get dismissed and commanding officers have to do everything they can to make sure the officer is available for the court date.

[Drachir]

1st and foremost happy you're okay too.

Secondly in regards to your car situation they are to offer you resale value for your car so the best way to combat their offer is to find online or in the newspapers 2 or 3 similar model cars with similar mileage for sale in your area and fax/email that to your claims adjustor. If he/she doesn't appear to budge demand his supervisor and let him know that your next step is to call the Department of insurance the man hours and the fine if the DOI sides with you is alot more than the 2k difference and usuallly they'll just give in to your demands.

I've never been too fond of progressive's claims handling Farmers is pretty good towards their own insureds but did have an issue a couple of years ago as to where their reserves where not where gov't regulations demanded them to be in case of a catastrophe so they were screwing claimants around and stalling to try to get their reserves back up.

That's not necessarily true. Unless the guy is specificallly excluded or the guy with insurance didn't pay his bill they can and will still cover the claim even with an unlicensed driver. They'll then amend his policy as a result of the accident. What happens is that it'll drag out the situation with your insurance recovering money and their recovery department can turn it over to legal and either sue his insurance directly or if the vehicle owner has any assetts they'll go after him directly.

1) NEVER take shortcuts with your insurance. This guy (or gal) should be your best friend, not just your agent.

2) Find out when this guy is scheduled for court and SHOW UP. It's amazing how many traffic cases get dismissed because the on-scene officer fails to show or the injured party fails to show. And if he has insurance, go after him for your damages.

3) Go to edmunds.com or kbb.com and appraise EVERYTHING on your car. Do it yourself, don't trust the insurance guy. Then go back to the insurance co. and tell them this is what your car is worth and you'd like your check now. Then tell them you will be submitting a form for reimbursement for the rental car and if the matter isn't resolved by the end of the month, you're switching companies (now THAT'S Progressive! :)) It doesn't hurt to have a card from a lawyer IN YOUR HAND when you are at their office, just to put a little pep in their step to get your claim processed.

Regarding #1. Your agent doesn't handle claims. No major company does that and your claims adjustor is typically in a centralized location. They'll use a field rep if they need a car appraised and they don't have a body shop in your area they work with. Unfortunately with too many companies the sales agent doesn't know the claims process either.

regarding #2. A case cannot be thrown out simply because the on scene officer doesn't show up. That's another common misconception those cases tend to get rescheduled. Typically the commanding officer for that on scene officer schedules that officer to be in court that whole day so that he doesn't have to worry about doing anything else and to an officer it's alot easier on their day to be in court than to be out on patrol. Now about the injured party showing up or not. This depends on what the case is for. If the other guy is just fighting a traffic citation then the injured party does not need to show up as the on scene officer will have everything needed and typically the offender is just going to plea the fine down. Now if it's a criminal case then yes the injured party should show up. If the injured party is needed they'll get a subpoena from the court in advance.

regarding #3 the issue with using appraisal websites is that they don't tell you an accurate resale value in your area which is why insurance companies tend to not offer an accurate amount. The company I work for guarantees you can find your same vehicle for the price that's offered to you in your area and will even give you an 800 # for a car finders company who will go out and get the car and negotiate the value for you at down to agreed upon settlement. But in the end as a consumer it's always better if you are able to find a few examples for your own records in your own local market as it helps speed up the process for you. A card from a lawyer is irrelevant. A good adjustor doesn't adjust the claim just because you have a lawyers name, card or even a phone call from an adjustor. If a claim is worth X amount of dollars before a Lawyer is involved it's still worth X amount of dollars when a Lawyer is involved especially with regards to property damage only. What happens with a lawyer involved is that the lawyer gets his cut which in most cases is 27% so the person affected by this all is the one that is out money now.

In regards to filing suit on your own insurance company if you get to the point where you do in fact call the department insurance your insurance has 45 days to respond and you'll get a ruling. If the DOI agrees with you but your insurance is slow to accomodate then I'd look into filing a bad faith suit with an attorney against your insurance company. Bad faith claims are things that insurance companies try to avoid at almost all cost and it's highly unlikely that a nationwide company like Progressive would allow it to get to that point. Typically knowing your rights and knowing that the Department of insurance is set up to make sure that insurance companies are being fair and just is enough to scare your adjustor and his/her supervisor.Thanks for all the advice here as it is greatly appreciated. Here is what is happening. My insurance company made me an offer which was $2,000 below what I consider "fair market value" especially since I have put in over $2,000 worth of work in the vehicle in the past 6 months. I refused the offer made by my insurance company. I have also hired an attorney in which to handle the personal injury portion of it but my attorney is also handling the property damage part as far as I am concerned. Anyways the other party's insurance company called me today and said that they understand my vehicle is a total loss and that my insurance company is handling it. I said that quite frankly I don't have the time to get jacked around and have my attorney is handling it and proceeded to give them the number to my attorney. All dealings can now go through my attorney. Gotta love it.

Thanks for the advice about how to get "fair market value" for my vehicle as my attorney suggested the same thing to give them receipts for the work I have done on it in the past 6 months along with vehicles from Auto Trader, etc. which I will be doing so that give me what it is worth. Luckily I have a great paying job and can afford to go through the motions along with I have 2 other vehicles that I can drive in need be.

[M0J0]

:pointup: :pointup: :pointup:

Yep, I was feeling really defeated while watching the Patty game. I just felt like throwing my hands up and saying I GIVE!!! Watching ROMO fumble the snap brought me back. It was the first laugh I had all day and allowed me to rest on something positive.

I KNOW I'm SICK, but sometimes the small things give us joy when you feel life is at it's worst.

I LOVE FOOTBALL, thanks Seahawks.