Serious Rear End yet not totalled? - Subaru Outback - Subaru Outback Forums
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post #1 of 19 (permalink) Old 03-20-2017, 03:52 AM Thread Starter
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Serious Rear End yet not totalled?

Hi,

I just bought my subaru outback 2016 limited pzev like a month ago. It has 22,000 miles on it.

I was rear ended while stopped at a red. The lady who hit me was going 55 miles per hour. She said she didn't see that I had stopped or that the light was red and didn't even slow down. Her car was completely totalled. When she hit me, my car was flung into the intersection and the bumper cover fell off. My muffler was smushed up against the left rear wheel and the wheel axle is moved. The pan for the spare tire is all crumpled in. Its a really bad mess. The sides of my car are dented in too. The rear door doesn't close properly. I have sciatica but my medical insurance is going to do everything for me on that as long as I pay my copays now which is not that bad. My main concern is what to do about the car. I'm getting a second evaluation at a better collision center. The first place I took it to, I really just didn't know where to bring it and I was still in serious shock from the hit. The person pre-estimated the damage at around $8,300 which she said is 40% of its value but told me later that doesn't take into account the frame damage and axle issue she noticed later.

I was having difficulty with the ladies insurance company, they kept passing me from agent to agent, so I decided to file with my insurance company. I have to fight with them to get OEM parts on my car because they said they will put recycled parts. Unfortunately the car company says they have to do whatever my insurance company says because they are under contract but will tell me every step what they have to do and what my insurance is making them do.

I just started my first job this year, this is my first car and I was about to go for my driving test the following week and I was about to move into my new apartment but with my injury I am in so much pain trying to lift boxes. Also, I can't get a rental because I don't have a license. Plus I tried driving the other day and I was crying almost the whole way from work to home because I was so scared of getting hit. I hate feeling so weak but every time I am stopped at a light I panic so badly that they are going to ram right into me and I feel like I'm back in the accident.

I would really appreciate any help anyone can give me. This whole process has been a giant nightmare. I was hoping to use this car for long car trips but now I'm afraid that if it isn't totalled, it will not be safe enough to drive long distance even if it is fixed. Th entire point to getting this car was safety.

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post #2 of 19 (permalink) Old 03-20-2017, 07:03 AM
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What state are you in?
You should be entitled to OEM Parts,DEMAND them.

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post #3 of 19 (permalink) Old 03-20-2017, 07:05 AM
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If you don't have a driver's license, who is driving your car?

Looks like the only visible part needing replacement is the bumper cover. Not uncommon to replace it with a recycled part....it's still an OEM part, just used and repainted to match your car. No big deal.

As to the rest of your story, you really don't want to know what I think.
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post #4 of 19 (permalink) Old 03-20-2017, 07:50 AM
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Damaged cars can be repaired properly.

Properly repaired cars are exactly as safe as never-damaged cars.

Not all damaged cars are repaired properly.

If you don't trust the shop to repair it properly and you don't trust yourself to be able to tell the difference, you have the option of selling it and getting something else.

As far as the trauma of the wreck goes? I've been through it myself and I sympathize, but I'm not qualified to counsel you there. There are other people who are specialize in that and their care may be covered through insurance- so check into it. Driving is enough of a challenge without all that stuff reverberating in your head.


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post #5 of 19 (permalink) Old 03-20-2017, 08:06 AM
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That resembles no 55 mph impact I've ever seen.... but good luck with your claim and healing. Insist on OEM, get a second appraisal, and get your state insurance commissioner involved if necessary.
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post #6 of 19 (permalink) Old 03-20-2017, 08:08 AM
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used parts are fine,...on a 2016 they are OEM made and would come off a car that was hit in the front and turned into used parts waiting for yours to need them and stored in a warehouse or clean dry yard until then. used OEM panels etc are better then aftermarket stuff which maybe thin and not fit as tight.

like getting a used OEM muffler off a 2015-2017 car, vs. say a midas turd muffler.
____________

the first shop you went to did as you put it "pre-estimated" an not include frame damage, and axle damage, so they should print you a new thing up with a real estimate including that work.

edit: and any shop you go to in the future you should mention the frame and axle damage should be looked at and included in any estimate.

...maybe that will total the car such is typically described as 75% damaged,... and on new cars that is a hard number to get to. (although yours maybe actually past that)

a side view pic would be nice for this thread too showing the axle off center.

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post #7 of 19 (permalink) Old 03-20-2017, 08:36 AM
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I agree with eagleye about that only being a "pre-estimate." I could be wrong, but I believe insurance companies often do that in the hope that you will just cash out and not have the car fully repaired, saving them money on what would be an otherwise costly repair. It works in their favor if you never have it repaired at a shop.

My 2016 Forester got caught in a bad hail storm last May. The initial "pre-estimate" was only around $1500, which they wrote the initial check for. One the body shop had the chance to Remove/Install various parts and see the extent of damage as well as hidden damage, the actual repair cost, through supplemental claims, ended up ballooning over $7500. This from one of their own "preferred" shops, so they couldn't much argue.

Don't be surprised if that $8300 "pre-estimate," balloons and reaches the "totaled" threshold before all is said and done.

The representative who initially called me from the insurance company stated that they would use "new" parts for the repair, as long as I had the work done at one of their "preferred" shops, but would not guarantee them if I went to a shop of my choosing, since the car was more than 1 year old from its date of manufacture. Calling her supervisor, he told me that since it was a 2016 and less than a year old from purchase, they would approve "new", not "refurbished/rebuilt" on the car regardless of manufacture date or where I took it.

Don't be afraid to go over the head of the agent you spoke with to get clarification on any questions if you are not certain they are correct. I received a much more reassuring answer from the supervisor than I did from the initial agent who called. Likely, because she lacked the authority to make a promise of "new", where the supervisor could.

You should have the right to take your car to the shop of your choosing, not only the ones your or their insurance company recommends. If you aren't comfortable with the first one, find another you feel comfortable working with. There has to be a level of confidence and trust.
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post #8 of 19 (permalink) Old 03-20-2017, 11:55 AM
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One more note about your original post:

Quote:
Originally Posted by subilover View Post
I have sciatica but my medical insurance is going to do everything for me on that as long as I pay my copays now which is not that bad.
Your medical coverage doesn't need to cover this, and you don't have to co-pay, for all of your medical difficulties induced by this accident. You're not the one at fault. Chances are that your medical insurance provider will be going after the other driver's liability coverage (they all do), but they won't necessarily care about recovering your co-pay. Ask your own auto insurance company about taking care of this for you as well.
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post #9 of 19 (permalink) Old 03-20-2017, 10:15 PM
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You just need to file a claim with your own insurance company. They will handle it for you. That is what you are paying them for. Do NOT call the other woman's insurance company. Do NOT allow the other insurance company to call you either. Since the accident is the other drivers fault, her insurance company will pay the entire bill for both cars. I don't know what state you are insured in, but they usually cover medial cost too. Look at your insurance policy. Or, call your insurance company.

The car does not look totaled to me. From the pics provided it looks fixable. Once the shop is done with repairs, the car should look like it did before the accident, and should drive the same too. If it doesn't, then complain. I think that you would lose more money by having it totaled. The payout for having it totaled would probably be less then what you paid for it. And, they usually do not pay the sales tax (if your state has sales tax).

Be thankful that the woman who hit you was honest and admitted that it was her fault. Some people will avoid guilt, and blame you. Go buy a video camera for your car. You can get a good one for less then $50 bucks. Next time you may have to prove you are not at fault.
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post #10 of 19 (permalink) Old 03-21-2017, 12:16 AM
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Quote:
Originally Posted by subilover View Post
Hi,

see my comments below.

I just bought my subaru outback 2016 limited pzev like a month ago. It has 22,000 miles on it.

I was rear ended while stopped at a red. The lady who hit me was going 55 miles per hour. She said she didn't see that I had stopped or that the light was red and didn't even slow down. Her car was completely totalled. When she hit me, my car was flung into the intersection and the bumper cover fell off. My muffler was smushed up against the left rear wheel and the wheel axle is moved. The pan for the spare tire is all crumpled in. Its a really bad mess. The sides of my car are dented in too. The rear door doesn't close properly. I have sciatica but my medical insurance is going to do everything for me on that as long as I pay my copays now which is not that bad. My main concern is what to do about the car. I'm getting a second evaluation at a better collision center. The first place I took it to, I really just didn't know where to bring it and I was still in serious shock from the hit. The person pre-estimated the damage at around $8,300 which she said is 40% of its value but told me later that doesn't take into account the frame damage and axle issue she noticed later.

Keep in mind that i'm from washington state and state laws differ, but most of what I'm posting is similar. First of all, no way you should settle this without talking to a lawyer. Whether you hire him/her is up to you, but this post is a perfect example of all the bad info floating around and you should at least get the legal principles right. There are a couple different aspects to your claim, and subsections on those. First is car damage. Get a solid complete estimate for all the damage. Getting partial estimates is a sure fire way to trouble. Insurance carriers are doing partial estimates more and more often, for a couple different reasons, but at some point you need to get a real number. Suggesting that an estimate is worth anything at all when it leaves out frame and axle damage is just flat wrong.
In most cases, if you're already up to 8300, when you add in frame and axle that could easily double. Add to that the cost of a rental for the weeks it will take to fix and the 'diminished value" of your car after repairs and you could be very close to a total. Diminished value is not available in EVERY state, but in most. In some places, the other driver's carrier (3rd party) will pay diminished value, but your carrier (1st party) will not. Its one reason you're often better dealing with the other carrier. It represents how much less your car is worth when it shows a big hit on carfax. I've seen those numbers up over 5,000 in certain circumatances. So, pick a shop and get an estimate you're happy with.

A completely separate claim has to do with your injuries. If you've got sciatica, that is not just a muscle strain/sprain. Get it checked by your doc. Depending on how that shakes out, the injury part of your claim could be more than the car part, so don't ignore it.


I was having difficulty with the ladies insurance company, they kept passing me from agent to agent, so I decided to file with my insurance company. I have to fight with them to get OEM parts on my car because they said they will put recycled parts. Unfortunately the car company says they have to do whatever my insurance company says because they are under contract but will tell me every step what they have to do and what my insurance is making them do.

If your insurance company is dealing with it, fine. But they won't pay your deductible, which ultimately comes from the other carrier. You should get paid back first, before your own carrier gets paid. You are under no obligation to use your company's preferred facilty.

I just started my first job this year, this is my first car and I was about to go for my driving test the following week and I was about to move into my new apartment but with my injury I am in so much pain trying to lift boxes. Also, I can't get a rental because I don't have a license.

Huh? howd you get a car without a license?

Plus I tried driving the other day and I was crying almost the whole way from work to home because I was so scared of getting hit. I hate feeling so weak but every time I am stopped at a light I panic so badly that they are going to ram right into me and I feel like I'm back in the accident.
so you get all your medical bills paid ultimately from the other company, get inconvenience, emotional distress, pain suffering ete etc.

I would really appreciate any help anyone can give me. This whole process has been a giant nightmare. I was hoping to use this car for long car trips but now I'm afraid that if it isn't totalled, it will not be safe enough to drive long distance even if it is fixed. Th entire point to getting this car was safety.
This is a way bigger deal than getting advice on the internet. Most lawyers that deal with accidents do conferences for nothing and virtually all will deal with the case on a contingent fee so you're not out of pocket. Do yourself a favor and at least spend the time to talk to a local lawyer.


Toni

Orting, Washington
2017 Premium 2.5 Green Metalic
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