i hate stupid people

[spencerhenry]

had a great day on the river, heading home to relax and maybe for a ride on the motorcycle. cruising along about 35 miles an hour. come around a blind corner and oh shit, here is a red toyota coming at me totally on my side of the road, cant go around him, another car coming at me on the correct side of the road. lock up the brakes but it is too late. i slam head on into the dumbass. i am in a 4 door longbed 4x4 diesel f-250 pulling a trailer with a raft on it, and a dirtbike in the bed. he is in a 4 door tacoma. an old gray haired guy with a temporary disabled tag hanging from the mirror. i shut my truck off, get out and ask if he is ok. he says no. 3 hours later i finally make it home on my bike after finding someone to come and get my raft trailer, waiting for the cops, waiting for the tow trucks. the two trucks are stuck together, the entire front end of my excellent condition truck is trashed. passenger front door doesnt open right, passenger fender is pushed back into it. truck is leaking power steering fluid, antifreeze, and tranny fluid. the radiator is trashed as is the air conditioning condensor, tranny cooling lines, power steering cooler, intercooler, bumper, fog lights, the grill, and i am sure many other parts. the frame crossmember is also folded a few inches back. the bike in the bed has pushed the front panel of the bed into the back of the cab below the window, denting the back of the cab. the cops wrote him a ticket after measuring my skid marks and looking at the scene, i was not written a ticket despite his protests that i was "really flying".
the jerk never asked if i was ok, never apologized, only said that he too was now without a truck. i would care if it wasnt his fault.
now because he is an idiot driving on the wrong side of the road i have no truck. my living consists of towing big heavy trailers and tools. sure it will get fixed, but i doubt it will ever be the same, and i am sure it will be at least a couple weeks before i get it back.[Rant1]

[trlcavscout]

Thats sucks! But glad everyone is ok for the most part!!!

[spencerhenry]

he ended up being just fine. a scratch on his arm was bleeding a little bit. as i was riding home on my motorcycle i thought of how lucky i was, not on my bike instead of in the truck. that would not have ended well.

[Colorado Luckydog]

If he has insurance and you have half a brain, you will do fine. If he has no insurance, be glad your alive.

[Half Live]

Make sure his insurance company pays for a rental Truck for you, and not a car. Plus I'm glad you are ok.

[jerrymrc]

I am sure that there was a double yellow line involved in this? or was it a dirt road?

[patrick0685]

Atleast your ok, with ur frame being bent I would push for totaling it and getting another one

[Daniel_187]

unfortunately 2/3 of the world is retarded. Bummer about your truck

[BushMasterBoy]

On my list is one of those huge steel bumpers I usually see on the Dodge diesels here around Pueblo...

[hammer03]

Atleast your ok, with ur frame being bent I would push for totaling it and getting another one

even if it's close, a repair on that will take forever. Push for a new truck, print them some ads from local dealers of similar make/model/equipment to show to your/his insurance, and push them to cut their losses, hurry up and buy you a new truck.

[sniper7]

at least you are okay. trucks and motorcycles and stupid people are dime a dozen. you can always find more of those.

[Elhuero]

sounds crappy but all in all I think you dodged a bullet. best of luck to you

first wreck I ever got in the guy was complaining about his leg, but he saw I was just a high school kid and had nothing so he didn't push it.

if I had that same accident today he'd probably sue the heck out of me.

[Irving]

Good thing the trucks were stuck together and nothing was moved before the police got there. Their report should show that he was in your lane. His insurance should pay for you to get a truck, instead of just a Chevy Aveo or something. You are both very lucky to not have been hurt. Did the other driver stop at all? It probably won't matter much if the police report clearly shows other driver was in your lane.
Lastly, if you have his insurance information, don't wait for him, just call his company and turn in a claim yourself.

[spyder]

Lastly, if you have his insurance information, don't wait for him, just call his company and turn in a claim yourself.
Listen to this! Great advice stuving! [Beer]

[spencerhenry]

i will be calling his insurance company first thing monday am. it will be close as to whether my truck is totaled. lots of money in parts in the front end and then body work. i am hoping i can get a rental truck, but unlikely that i can find one with a gooseneck hitch and airbags. i need to haul my 13,000 pound skidsteer from junction to home as soon as it has got a new injection pump. if i cant haul it i have to pay someone $400 to haul it for me.
i took plenty of pictures of the trucks immediately after it happened, and there was another vehicle nearby, she saw the whole thing. she gave me her number and volunteered as a witness. he was clearly in the wrong, his rear tires were about 3 feet from the ditch on the wrong side of the road, my skid marks show that i was as far to the right side of my lane as i could be. when the tow trucks got there i went to go talk to them, the cops were just getting done with the other driver and it was obvious that they were not happy with him. he was trying to argue about getting a ticket and me NOT getting one. he told everyone around that i was going really fast, except the witness said b.s. and the cops measured the skid marks. i am sure if they thought i was speeding they would have written me a ticket.
although he is in the wrong, it will still cost me a bunch of time, hassle and money. my neighbor got hit by a guy just a few hundred yards from there, totaled her old dodge truck. they gave her "book value" on the truck, $2500. which was a joke, she couldnt find anything near what she had for that, and in that case the other guy was also at fault.

[Seamonkey]

to state the obvious, that sucks.

Glad you are unharmed and while I'm glad the other person is also unharmed it sucks that they are unharmed, stupid and continue to breathe my oxygen.

Good luck dealing with all the paper work now

[sneakerd]

It figures that the old fart didn't give a damn about the fact that you are now f--ked, only what was going to happen to him.

[cliff]

sory to hear about your accident. we camp a lot off gold camp road in the summer. we always get up real early sunday mornings and leave before all the fools get on the road. can't stand it when some dumb ass comes flying around the corner in my lane. witch happens everytime i'm heading back home. or someone passes me at 50 mph flipping me off for doing 30 mph on dirt switch backs. I tell my wife,,, see this is why we don't carry loaded weapons in the jeep.

[oinco]

glad you are ok, and sorry to hear....having been through this same thing I would highly suggest calling his insurance asap- I think most all have call centers running 24/7. I would suggest taking a severe and strong push on everything you can-record and document EVERYTHING. Get a copy of the police report asap. This policyholder sounds like he is the POS that would lie to his insurance as soon as he gets home.

In my last claim, I was "20% at fault" for being in traffic when I had my car totalled by a non-licensed, drunk underage girl running a red light. Yay tort reform and yay insurance companies. The policyholders' insurance held the line that if I had moved out of the way I would not have been broadsided.
You do have some minor recourse on an undervalued total, it takes a ton of time and effort. Lost value is also a tax deduction-which usually equates to about a $.0001/$ net.
And the ins company will give you a hassle about needing a same/same rental,
-in another incident- renting another truck ended up costing the ins company of the lady that rear-ended my truck about $8500 because it took so long and I also required one for work. They tried to weasel out of that one in every possible way-and a few that were just downright evil.

best of luck.

[summitskier]

Cases like these that make me think there should be an IQ requirement for getting your DL.

I totaled a Mazda SUV about a year ago when an unlicensed, uninsured, illegal ran a stop sign. T-boned her back passenger side going 25 and bent the frame. Went through 6 weeks of bullshit with the insurance she claimed to have, only to find out that her illegal mother was now being investigated for insurance fraud because of my claim. I ended up having to go through my insurance who, to their credit, handled the situation very well.

I hope everything turns out alright in your case.

[SAnd]

I'm glad you're OK...

That being said I would still get checked out by a doctor. Hopefully they will back up what you say about being ok but you never know.

You also might check the victims assistance programs in the appropriate jurisdiction. They sometimes help in car accidents.

[roberth]

Wow, glad you're OK.

Get yourself checked out tomorrow and put his insurance company on speed dial. You may need a lawyer to help you out.

[mx'r]

Should've thrown the dirtbag into the Crystal River.. After kicking his ass.

[Byte Stryke]

Passing on a corner is ALWAYS wrong and stupid... regardless.
You are Alive and well, thank whatever deity you pray to.
Lawyer up now. do NOT Contact their insurance as it will not end well. His Criminal negligence has cost you financially and emotionally and will continue to do so. They should be bending over to kiss your ass and I can guarantee they will give you as little as they possibly can.
You are Alive and well, thank whatever deity you pray to.

[rondog]

Lawyer up now. do NOT Contact their insurance as it will not end well. His Criminal negligence has cost you financially and emotionally and will continue to do so. They should be bending over to kiss your ass and I can guarantee they will give you as little as they possibly can.

^This!

[spencerhenry]

talked to his insurance company and mine. he had filed a claim, but had failed to give them ANY of my information. i filled in the blanks and informed them that i need my truck to make a living and routinely haul large objects and tow big trailers. without a heavy duty truck with a gooseneck hitch i cannot haul my own machines and that i expect them to cover the cost of paying someone to haul my stuff until i get my truck back or paid for a new one. i also sent the adjuster all the pictures i took before he even got out of his truck. clearly shows that i was in my lane, and that he was too. i also have a witness that saw the entire thing and she was willing to speak on my behalf.
i fully expect to get screwed for at least a few thousand, then i will take him to court to collect that. even if they fix my truck, it will be worth thousands less because of a serious crash.
if they give me a rental truck, should be fun to hook my 14' dump trailer that has a log loader mounted on it, bet i can smoke a tranny and some brakes with it. it weighs over 7000 empty. my skidsteer needs to get hauled from junction back to my place, it weighs 13,200 add in the 25' tandem dual gooseneck and nothing but a 3/4 ton with airbags or a 1 ton will do it.

borrowed a truck and got another day on the river though.

[hammer03]

Lawyer up now. do NOT Contact their insurance as it will not end well. His Criminal negligence has cost you financially and emotionally and will continue to do so. They should be bending over to kiss your ass and I can guarantee they will give you as little as they possibly can.
You are Alive and well, thank whatever deity you pray to.

I second this. YOUR insurance company or YOUR lawyer should be the one going to bat for you. You dealing with insurance directly will probably end up with you not getting what you want. They have lots of experience and know all the ins and outs of the law, while most of us know very little about how insurance actually works.

[CapLock]

Wow guys such a fucked up driver he can't even maintain driving in his own lane. Yet he can judge the speed of an oncoming truck that he's about to collide with around a blind corner. How long from the point you seen him till impact .5 seconds? I dealt with a tard in the mountains myself today but I'll start my own post.

[Irving]

Lawyer up now. do NOT Contact their insurance as it will not end well. His Criminal negligence has cost you financially and emotionally and will continue to do so. They should be bending over to kiss your ass and I can guarantee they will give you as little as they possibly can.

This is stupid advice. Do not follow it.

[Irving]

i fully expect to get screwed for at least a few thousand, then i will take him to court to collect that. even if they fix my truck, it will be worth thousands less because of a serious crash.


You can't take him to court after the claim is settled. He is represented by his insurance company and if you file in court, it will just go to the insurance company, which will show the court that they've already handled this, and it will be thrown out of court. Your only recourse is to not accept less money and hire an independent adjuster. They will hire their own independent adjuster. Both adjusters will get together to hash something out.

Who is his insurance company? If he has a good company, you won't have to deal with any bullshit like the other guy did, where you are some dumb percentage at fault just for being on the road. Also, a GOOD insurance company, will usually just give you the amount that the independent adjuster values your vehicle at, if your adjuster is higher. Plan to spend about $200 on an independent.

Your other course of action is go through your own insurance company and see if they will offer you more. If you go through your own insurance company, you WILL NOT, BY LAW get a rental truck without paying for it out of your own pocket. If you have rental on your policy, it is likely $30 a day for $30 (up to $900). Since your policy is a legal contract, they will not, and can not pay for additional cost on a rental, anything over the $30/day will fall to you. You are under no such contract with the other driver's company, so even though they won't want to give you a full size truck, then can and most likely will, once you've shown them that you need one.

With a claim as large as this one, it is a good idea to get your insurance company involved early. That way, if you don't like the offer from the other company, you won't have to wait for your company to get your statement, your witness's statement, the police reports, and try and get a hold of the other driver for his statement. He may decide he doesn't want to talk to your company, and that will slow things down. Good luck. Let me know if have any questions.

Threatening lawsuits isn't scary to an insurance company. Every jackass on the planet who is angry about a car accident threatens to get their lawyer involved. I used to laugh at people when they would threaten lawyers. Lawyers can be useful, but not always. If you do lawyer up, you are no longer allowed to talk to anyone (even your own company) except for through your lawyer. It can slow things down.

[Ronin13]

Spencer, on top of this, you may want to haggle with his insurance and try to push for your truck being totaled. Trust me in the long run, if your truck is as damaged as you think you will not get a fair resale value out of it when it comes time to buy a new one. And I think there is some sort of recourse regarding loss of work and wages due to your workhorse of a truck being out of the game until fixed or replaced. It's like the analogy I use with clients who ask "how much liability should I have on my auto policy?" Well, it depends on who you're going to hit. If you t-bone a neurosurgeon in his $120,000 Mercedes and he loses the use of his hands and can't work, and he makes over $2M/year not even the highest limits of liability are going to help when he sues you because he can't work any more.

[funkfool]

Was going through Phantom Canyon last summer and some dolt in a black 4x4 truck came flying around the corner doing at least 40 in our lane - had to go in the ditch to avoid him... he never even slowed down... no real damage (bumps and etc...) - scared the hell out of us... if the firearms were handy I'd have got out and tried to put a couple in his tires and drove off...
I did call the State Patrol when we got cell service and told them I'd file a complaint if they waited at the other end to catch him coming out... never heard anything back...

[Mtn.man]

Frank Azar.


And get a new truck. we can build big bad bumpers for.

[Byte Stryke]

This is stupid advice. Do not follow it.

Let me guess, you believe that the other guys insurance company has spencerhenry's best interests at heart...
No one but Spencer's Lawyer, and Spencer have Spencer's best interests at heart. The other Guy and his insurance company are both looking to get a check signed for as little as possible as quickly as possible.

[Colorado Luckydog]

Frank Azar.


And get a new truck. we can build big bad bumpers for.

Azar will sell you out cheap. All the insurance companies knows he will not really go to court. He will get you what he can with as little work as possible. Get a lawyer but get a good one.

[jerrymrc]

Azar will sell you out cheap. All the insurance companies knows he will not really go to court. He will get you what he can with as little work as possible. Get a lawyer but get a good one.

Yep. Nothing but volume out of him. I believe he was even sued because of his practices.

[Mtn.man]

Really? We had a family member that used him several years ago and they got a new vehicle and 75K.
Pretty much though any lawyer wants to make the $$ without doing the work,,,, Heh that sounds like 98% of the people in the US...LOL

[Irving]

Let me guess, you believe that the other guys insurance company has spencerhenry's best interests at heart...
No one but Spencer's Lawyer, and Spencer have Spencer's best interests at heart. The other Guy and his insurance company are both looking to get a check signed for as little as possible as quickly as possible.


No, but they will not do anything until they get both sides of the story. Not contacting them is like letting a bad guy you shot tell both sides of the story to the police. Not every company is as bad as some people's experiences. I'd still like to know who the other insurance company is.

[jerrymrc]

Really? We had a family member that used him several years ago and they got a new vehicle and 75K.
Pretty much though any lawyer wants to make the $$ without doing the work,,,, Heh that sounds like 98% of the people in the US...LOL

http://www.denverpost.com/ci_9187800?source=bb

33% no more/no less. Wife was injured years ago and it took a year to get the MRI to show the real damage. In the beginning the ins co wanted to settle for $40K.

In the end she got $54K spread over 3 years, 3 years of school paid for, a $20K/20 year annuity and 20K lump upfront. That was after the 33%. The lawyer is going to get 33%. It pays to get a good one since in injury cases they all are going to get the same %.

Azar is nothing more than a hack. All he wants is the fastest resolution possible with no chance of a downside should the case go to trial. The wife's case was 48 hrs away from trial when they realized it was for real and so was the lawyer.

[Irving]

A shitty lawyer with get you just enough more money to pay himself.

[Byte Stryke]

No, but they will not do anything until they get both sides of the story. Not contacting them is like letting a bad guy you shot tell both sides of the story to the police. Not every company is as bad as some people's experiences. I'd still like to know who the other insurance company is.


Your attorney contacts them.

Not having an attorney with a case like this is like trying to defend yourself with Cops.
Insurance companies have Lawyers... LOTS of Lawyers. This is ALL they do...
Guess why?

Any good Attorney will Tell you:
"DO NOT tell the insurance company anything beyond my name and Phone number!"

[Irving]

Insurance companies do not use attorneys unless someone lawyers up first. Ask me how I know.

[Byte Stryke]

Insurance companies do not use attorneys unless someone lawyers up first. Ask me how I know.


No, you are correct.
They try to screw you with an amateur first!

[ROFL1]

[Ronin13]

Insurance companies do not use attorneys unless someone lawyers up first. Ask me how I know.

How do you know? I represent about 6 different companies (including the big name guys like Progressive and Travelers) and they usually don't defer judgement in a claim to an attorney unless the claimant or victim (like Irv said) calls a lawyer who in turn contacts the Ins. Co and then they say "you'll have to speak to our attorney." So far we really haven't had to deal with that at our agency, but then again, my dad has been slinging insurance for over 30 years and we keep our clients pretty well informed and satisfied.

[spencerhenry]

his insurance company says they need a "recorded statement", i was told that in a voice mail. i have since left the adjuster for his company 4 voicemails, and 2 emails without a response. i have called her direct line no less than a dozen times and there is never an answer. i have left her assistant a voicemail, and her boss as well. looks like they want to drag it out where i will have to take care of it myself so that then they can haggle about trying to reimburse after the fact. the guy from my insurance company went to look at my truck today, he tells me that it is "nowhere near a total", his estimate is $7800, but that they will repair the truck with used, reconditioned, or aftermarket part wherever possible. i say bull shit, i have a ford truck not an aftermarket junk parts truck. he goes so far as to tell me that the used front bumper they want to use is probably in better shape than what was on the truck. interesting that he can make a judgement about the quality of my bumper having never seen it prior to it being wadded up like and empty beer can.
the guy at the body shop is somewhat understanding and informs me that he can get oem parts for the same price, he also states that with oem parts the job almost always goes better. that would imply to me that oem parts fit better. i stopped by the body shop to go over the quote which he estimated at $9400. the truck was muddy when it was hit and they have washed it. but to me it looks like they washed it with a gravel covered rag, there are swirly scratches all over that i really dont believe were there before. i know i didnt put them there because i always just use a pressure washer. so he points out all the paint that is missing behind the tires from rocks flying up, the peeling paint on the underside of the fender lip, and the very light scratches from sagebrush, implying that my truck is just beat up. i know every dent and scratch on that truck, i have tried harder with this truck than any i have ever had to keep it nice. i though after i left, you guys painted the left rear 3 years ago, so if the paint is peeling that is on you. then he says well, what is the truck worth, $13k? i am pissed, book on the truck in good condition is $25k. the gooseneck hitch, airbags, trailer plug in the bed, and spray in bedliner add up to at least $2k to replace. truck is an '05 f250 crewcab longbed diesel lariat. that means leather, sunroof, power heated seats, 6 disc changer, power rear slider, good wheels, and every other option possible, and it has only 81,000 miles. i cant find a similar truck for under $25k anywhere. the front fenders have both been pushed back and need to be fixed and painted, but they wont paint the entire fender, only part of it, but they will clearcoat over the rock chips behind the tire. if they get approval on thursday, i wont have the truck back until july 20th.
i can have my insurance take care of it, but then i have to pay my $1000 deductible and hope that i get it back. i dont have a policy that would give me a rental car. the body shop guy tells me that the rental company only has half ton short beds, and that you are not allowed to tow with them. he suggest i get a uhaul heavy duty truck, great, now i can pull a bumper pull trailer with a stripped down p.o.s., still cant pull my gooseneck. but when i want to go hit the river and tow my raft which weighs all of 500 pounds trailer included, i can drive a 2 ton truck. sounds great, there are plenty of places to park a 2 ton with a trailer at river put ins. so for the next month, i dont have MY truck, i cant hit the river without borrowing a truck, cant tow my gooseneck with anything, cant pull my log trailer unless i get a u-haul heavy duty truck, and i am supposed to do this out of pocket and hope i get paid back? sure i can hire an attorney, his fees will only add up to several thousand with absolutely no guarantee that i get that back.
i have used this body shop since the first time i needed a body shop 15 years ago. last time i wasnt real happy with the work. this time i really believe they scratched the shit out of my truck washing it. i think it may go to another shop, oh but wait, i already signed authorization for them to order the parts.
man am i pissed.

[Elhuero]

his insurance company says they need a "recorded statement", i was told that in a voice mail. i have since left the adjuster for his company 4 voicemails, and 2 emails without a response. i have called her direct line no less than a dozen times and there is never an answer. i have left her assistant a voicemail, and her boss as well. looks like they want to drag it out where i will have to take care of it myself so that then they can haggle about trying to reimburse after the fact. the guy from my insurance company went to look at my truck today, he tells me that it is "nowhere near a total", his estimate is $7800, but that they will repair the truck with used, reconditioned, or aftermarket part wherever possible. i say bull shit, i have a ford truck not an aftermarket junk parts truck. he goes so far as to tell me that the used front bumper they want to use is probably in better shape than what was on the truck. interesting that he can make a judgement about the quality of my bumper having never seen it prior to it being wadded up like and empty beer can.
the guy at the body shop is somewhat understanding and informs me that he can get oem parts for the same price, he also states that with oem parts the job almost always goes better. that would imply to me that oem parts fit better. i stopped by the body shop to go over the quote which he estimated at $9400. the truck was muddy when it was hit and they have washed it. but to me it looks like they washed it with a gravel covered rag, there are swirly scratches all over that i really dont believe were there before. i know i didnt put them there because i always just use a pressure washer. so he points out all the paint that is missing behind the tires from rocks flying up, the peeling paint on the underside of the fender lip, and the very light scratches from sagebrush, implying that my truck is just beat up. i know every dent and scratch on that truck, i have tried harder with this truck than any i have ever had to keep it nice. i though after i left, you guys painted the left rear 3 years ago, so if the paint is peeling that is on you. then he says well, what is the truck worth, $13k? i am pissed, book on the truck in good condition is $25k. the gooseneck hitch, airbags, trailer plug in the bed, and spray in bedliner add up to at least $2k to replace. truck is an '05 f250 crewcab longbed diesel lariat. that means leather, sunroof, power heated seats, 6 disc changer, power rear slider, good wheels, and every other option possible, and it has only 81,000 miles. i cant find a similar truck for under $25k anywhere. the front fenders have both been pushed back and need to be fixed and painted, but they wont paint the entire fender, only part of it, but they will clearcoat over the rock chips behind the tire. if they get approval on thursday, i wont have the truck back until july 20th.
i can have my insurance take care of it, but then i have to pay my $1000 deductible and hope that i get it back. i dont have a policy that would give me a rental car. the body shop guy tells me that the rental company only has half ton short beds, and that you are not allowed to tow with them. he suggest i get a uhaul heavy duty truck, great, now i can pull a bumper pull trailer with a stripped down p.o.s., still cant pull my gooseneck. but when i want to go hit the river and tow my raft which weighs all of 500 pounds trailer included, i can drive a 2 ton truck. sounds great, there are plenty of places to park a 2 ton with a trailer at river put ins. so for the next month, i dont have MY truck, i cant hit the river without borrowing a truck, cant tow my gooseneck with anything, cant pull my log trailer unless i get a u-haul heavy duty truck, and i am supposed to do this out of pocket and hope i get paid back? sure i can hire an attorney, his fees will only add up to several thousand with absolutely no guarantee that i get that back.
i have used this body shop since the first time i needed a body shop 15 years ago. last time i wasnt real happy with the work. this time i really believe they scratched the shit out of my truck washing it. i think it may go to another shop, oh but wait, i already signed authorization for them to order the parts.
man am i pissed.

sue everybody!


sorry this is happening, man.

[Byte Stryke]

Yeah, I knew this was coming. Insurance companies only want what is best for them.
Sign this, fuck you, take it or leave it... unless your lawyer calls them FIRST.

Sorry you are getting put in the grinder.
But hey! Have Stuving give em a Call


'Cuz "he knows."




(Sorry Bro, I had to.)
[ROFL1]

[Irving]

How do you know? I represent about 6 different companies (including the big name guys like Progressive and Travelers) and they usually don't defer judgement in a claim to an attorney unless the claimant or victim (like Irv said) calls a lawyer who in turn contacts the Ins. Co and then they say "you'll have to speak to our attorney." So far we really haven't had to deal with that at our agency, but then again, my dad has been slinging insurance for over 30 years and we keep our clients pretty well informed and satisfied.

I was a claims adjuster for a few years (handling claims exactly like this one) and have handled a few thousand (but not as many as 4,000) claims. If we were talking about death or serious injury, then it'd be more appropriate to hire an attorney. I'm not saying that it would be wrong, just not necessary.

Spencercherry: The insurance company isn't calling you back because they want you to take care of it yourself; it is because that claims adjuster is shitty (I'd call you back). It is NOT an excuse, but they do have other claims to deal with. He/She should have at least made an attempt to call you back though. Phone tag is better than not even trying. So while it gets you the same result, they haven't called you back due to incompetence, not maliciousness.

Used parts can be OEM. They aren't going to give you brand new anything, because you weren't driving a brand new anything. Your truck is a 2005. They will call junk yards and look for a truck as close to 2005 as possible, that was totaled in the rear and take parts off of that; if such a truck is available.

As far as your $1,000 deductible, you'll need to pay it to go through your own insurance company, but more likely than not, your insurance company will give the other driver 100% of fault, and send a bill for all the money they spent fixing your truck (including your deductible) to the other insurance company. This is called subrogation. I also feel like the other insurance company will accept full liability. It may not be tomorrow though.

Concerning the rafting and other miscellaneous towing, you can't really blame that on the insurance company. The entire purpose of insurance is to indemnify you. That is to return you to where you were before the accident. That does not include putting brand new parts on your used truck. Also, it is unrealistic to expect that everything will be fixed over night. There will always be a certain level of inconvenience to any type of loss, whether insurance is involved or not. So basically, don't waste your breath explaining how you can't go rafting while they fix your truck, because that will fall on deaf ears.

I tell you all this to set some realistic expectations for what you can expect. Who is the claimant driver's insurance company? You won't/can't get into trouble telling us, this isn't a criminal case or anything.

As far as the value of your truck, you can put together a report of it's value. You can compile a list of all the after market parts that are permanently attached, and even include new prices, but everything will be reduced because it is used. Unless you have something that isn't made anymore, don't expect to get new (replacement) cost for anything on the truck. It is always frustrating to deal with the devaluation of a vehicle, and I feel for you. I just totaled my own car, and wouldn't have been able to get into anything for the price they gave me either. Be thankful that your truck actually has a value, my car didn't.

Keep us updated on this thread about how your claim is going. If the other company (or even your own company) tries to pull anything shady, like assigning you any percentage of the fault, you can (and should) always file a DOI (Department of Insurance) complaint. DOI complaints are the real deal and are REQUIRED to be addressed by the insurance company. The DOI is not some toothless agency like the BBB (Better Business Bureau). The DOI decides which insurance companies can operate in each state. When an insurance company gets a DOI complaint, they aren't going to get shut down by ignoring it. It WILL be addressed.

Who is the other insurance company?

[Byte Stryke]

I was a claims adjuster for a few years (handling claims exactly like this one) and have handled a few thousand (but not as many as 4,000) claims. If we were talking about death or serious injury, then it'd be more appropriate to hire an attorney. I'm not saying that it would be wrong, just not necessary.

Not Necessary... you mean like the color of your cars panels being the same color?
Or necessary like collision sensors in the front of your car?

Perhaps you just mean necessary like the drivers door closing.


If you dont have someone that knows the system you will be taken advantage of by someone that does.

[Irving]

All of the above. All of those things should be the same. If not, take it back.

I wanted to come back in here and tell Mr. SpencerCherry that he should, without a doubt, 100% file for lost wages because he's lost the use of his truck for work.