[jimj911]

I need accident advice. I have never dealt with this before and since I have seen some pretty intelligent people on here, hopefully I will learn something and NOT blow up an insurance companies office! My girlfriend just recently (3 weeks) purchased an awesome used diesel Touareg. It wasnt easy to find one in her price range (under 30k) but she just recently got a great new position at a large Pharma co and she really wanted to drive something she enjoyed. She was thrilled with the car (as was I for the tuning capabilities and overall impressions of the vehicle). Saturday a woman made a blind left turn in front of her on a country rode immediately after a large RV had pulled out of a camping park. My girlfriends car was basically hidden by the rv coming out and the lady didnt see her. My gf was cruising along at a pretty good clip (55 mph ish) and WHAM plowed into the ladies right front end. Speed limit was 55 on the road. Both parties were ok (thank god) but the car is probably totaled. The state trooper said since she was going straight my girlfriend was completely at no fault but we are waiting on the accident report. She will potentially be out a significant chunk of change that she put down to make her payments on the loan easier. How can she recoup this money? The insurance company says she only has half tort so she cant sue. WTF? Any help will be greatly appreciated. Its tough to swallow seeing her so upset about losing a 3 week old car ( to her) but I keep trying to tell her that car either saved her life or at least spared her major injury (NO damage to interior other than airbag deployment). Now the search is on for a similar low mileage TDI Touareg. Not easy to find!

[Dackelone]

How can she recoup this money? The insurance company says she only has half tort so she cant sue

^^What do you mean by this? "Half tort" ???

[jtodd_fl]

Originally Posted by Dackelone

^^What do you mean by this? "Half tort" ???

Oh wait, this is a half-torte. My bad. Seriously though, I believe half tort means it insures you against being sued, but they won't sue for you. Either way, an insurance company should pay for the car, if totaled - regardless of how much was out down v. owed. (Unless there is some other type of insurance I'm not familiar with.)

Edit: Info here: https://www.edgarsnyder.com/car-acci...full-tort.html

[jimj911]

Originally Posted by Dackelone

^^What do you mean by this? "Half tort" ???

Apparently if you pay a higher insurance premium you get "full tort" and it doesnt limit you from sueing? I dont know I am looking into it now. Sounds like a typical insurance scam and I will be going full bore at them believe me

[WingZeroX5]

So far with my experiences, if the police said your GF is not at fault because she was going straight and documented this in the report, then it is enough for the insurance company of the other party to accept liability and payout whatever it is to make her whole again.

When making any turns, individual must yield and ensure it is clear before making the turn. The other woman will probably be cited for failure to yield R.O.W or something like that

YMMV

BTW, did your insurance company say you can't sue or the other party's?

[Wolf 335]

As far as my understanding goes regarding Full-tort and Limited-tort insurance is that with limited tort you are not eligible for any compensation (and can not sue) for pain and suffering.

This however does not involve damage to the vehicle, especially if she's deemed not at fault. So I don't see why they would not cover her full vehicle damage.

Your girlfriend can't sue her insurance company for injury and suffering but she may be able to sue her company for damages to the car (if they choose not to pay full amount). She can also sue the other driver's insurance company for any damages and pain caused.

Do you have a record of the police officer stating she's not at fault? It will be beneficial in court.

Good luck and seek legal advice.

[jtodd_fl]

Originally Posted by jimj911

Apparently if you pay a higher insurance premium you get "full tort" and it doesnt limit you from sueing? I dont know I am looking into it now. Sounds like a typical insurance scam and I will be going full bore at them believe me

See my post above - I stealth edited a link into it. Apparently, half tort equals limited tort. Good luck. Glad everyone is ok.

[jimj911]

https://www.edgarsnyder.com/car-acci...full-tort.html

So it limits you to whether you are eligible for compensation PHYSICALLY down the road due to injury. Im hoping the insurance writes her a big enough check to cover it all, but KBB is 26700 and she walked out the door at around 30000 after all was said and done.

[Dackelone]

Originally Posted by jimj911

Apparently if you pay a higher insurance premium you get "full tort" and it doesnt limit you from sueing? I dont know I am looking into it now. Sounds like a typical insurance scam and I will be going full bore at them believe me

We need M3 Adjuster to chime in with his words of wisdom!

You should be able to submit what you paid for the car and fight "their offer". Don't take what they first offer her.

[csu87]

What insurance do you have and what does the other person have?

Also, the cops should have given you an accident report on the spot so you can make sure it notes who's at fault.

Either way, you'll be covered for the value of the vehicle, but may have to argue to get your total amount paid back. Try giving them the receipt to show what you just paid.

[WingZeroX5]

Go through your own insurance and let them duke it out. You pay them for situations like this.

[jimj911]

Originally Posted by csu87

What insurance do you have and what does the other person have?

Also, the cops should have given you an accident report on the spot so you can make sure it notes who's at fault.

Either way, you'll be covered for the value of the vehicle, but may have to argue to get your total amount paid back. Try giving them the receipt to show what you just paid.

She has Erie, and we dont know what the other lady has as she was taken to the hospital in an ambulance due to a minor head laceration. The trooper said the report wont be available for 20 days!

[KingOfJericho]

You should not have much trouble recouping the full vehicle cost. The first offer will be low but you can push it higher. I was hit in my Lotus a few years back and they tried to give me a rental Chevy Aveo. I pushed back and the budget was adjusted to put me in an Infiniti. My cousin was rear-ended and his car was totaled. There was some back and forth but the offending party's insurance eventually made him whole (and then some).

[WingZeroX5]

And this is why I have a dash cam installed and hardwired (Mini 0805 mounted right under the mirror) so situations like these, i can just forward the footage to the insurance co with zero questions asked and waiting on nobody!

[gtron]

Originally Posted by jimj911

How can she recoup this money?

Rob a bank, sell drugs, get a job, cregslist favors, etc.

[Kidscollege$]

Originally Posted by jimj911

https://www.edgarsnyder.com/car-acci...full-tort.html

So it limits you to whether you are eligible for compensation PHYSICALLY down the road due to injury. Im hoping the insurance writes her a big enough check to cover it all, but KBB is 26700 and she walked out the door at around 30000 after all was said and done.

I would think that with owning the vehicle for only 3 weeks she would get, at a minimum, the purchase price, sales tax and property tax she paid on the vehicle.

[Taskmaster]

Tort is just the ability to sue for pain/suffering, and doesn't have anything to do with the payout of property damage.

Generally, insurance companies are 'fair' and the idea is to make you 'whole' so they will be offering you market value of the car. To get an idea, look up similar vehicles in the area with the same mileage/options to get a better idea of what to expect, and you're not required to take the first option either.

So if she paid 29K, and put 10K down - and comparable cars are going for 35K, you can expect her payout to be comparable. They also typically pay the finance company off first and THEN disburse a check for the remainder to the insured.

Sorry it happened, glad everyone is ok and good luck.



PS: Don't let her buy a VW again.

[Taskmaster]

Originally Posted by Kidscollege$

I would think that with owning the vehicle for only 3 weeks she would get, at a minimum, the purchase price, sales tax and property tax she paid on the vehicle.

Depending on the state, they will pay for those, yes.

[jwzimm]

As some have alluded to, your girlfriend was not at fault here so the other parties insurance is legally required to make her whole. How long it will take and what kind of shenanigans they will pull during the process will depend on how crappy their insurance company is. If they try and jerk you around you can always go through your own insurance and let them go after the other company. You will be on the hook for your deductible until they get payment from the other company at which point your insurance should refund that to you.

As for what to expect, insurance is required to make you whole. If the car is deemed a total loss (typically when the cost to repair exceeds 80% of fair market value) then they will provide full replacement cost to you. This value will be based on the fair market value of the vehicle plus tax/title/license fees. The FMV is negotiable as well. Since you had the car for only 3 weeks there should have been zero depreciation during that time. Assuming you did not grossly overpay for the vehicle they should come back with either your original sale price or perhaps more if you got a very good deal on it. Since you appear to have a loan on the car the insurance company will cut two checks. One check will be issued to the lien holder (the bank with your loan) for the current payoff value. This will satisfy the lien and close out your loan. The second check will be issued to your GF for the remainder after paying off the lien. This check will include the monies your GF put down on the car when she bought it.

In the mean time the other parties insurance should put you in a rental car while they work things out. You will be able to use it free of charge until the claim is settled and paid out. I would make use of this as it provides the other insurance with an incentive to not drag their feet since they will be paying for the rental while they dick around.

[danny4327]

Originally Posted by TheAxiom

Depending on the state, they will pay for those, yes.

In MA, I was paid the NADA value of my vehicle (less my deductible as I was at fault) so even if she paid say 10k, and it's worth 20k, she'll probably get closer to 20k.. Obviously depending on the insurance company and state laws.

Just giving my experience...

[csu87]

Originally Posted by jimj911

She has Erie, and we dont know what the other lady has as she was taken to the hospital in an ambulance due to a minor head laceration. The trooper said the report wont be available for 20 days!

If its gonna take 20 days to get the report, you should just go through your insurance company. Otherwise, you will be sitting carless for that time until final judgement on fault is issued by the trooper. At least if you go through your insurance, you can get a loaner, if your plan allows, and probably get a check within a week. I know most insurance companies try to handle these things as quick as possible.

Then your insurance company can fight it out with hers. This could be great for you, especially if she has shitty insurance because you wont have to deal with them.

[UncleWede]

When you file with your insurance, you are responsible for the deductible. If you have under/uninsured, that may be a different deductible.

If/when the fault is assigned to the other driver, your insurance company is done. At least in Cali, they are not permitted to help you file to get your deductible back from the other insurance. That part SUCKS. Here, they can't even include it in their demand from the other company.