Subject: Rear-Ended While Stopped – Seeking Advice
I was recently rear-ended while stopped in traffic on the freeway, heading out for a camping trip. I was at a complete stop when a van behind me collided with my vehicle at around 20-30 mph. Thankfully, I have a rear camera that captured the driver looking at his phone right before the impact. I also recorded a video right after the crash, where he admitted to not stopping.
I’m with GEICO for my car insurance, and they presented me with the choice of filing a claim through them or through the insurance of the van that hit me—American Way, which is associated with Xerox. I contacted them on the same day and provided a police report, but they informed me that their handling is through a third party called Sedgwick.
I bought my truck less than a year ago for $30,000, including $10,000 for add-ons. The other insurance company told me I would need to wait five days before they could proceed. The rear frame of my truck is sagging significantly, and I’ve been told by most people I consulted that it might be totaled.
Additionally, I’ve consulted an attorney regarding potential bodily injury claims. Although I work from home, sitting at my desk for long periods is difficult right now. I’ve started visiting a chiropractor and retained my attorney today.
They mentioned that the process could take around 6-9 months, with potential medical settlements ranging from $20,000 to $40,000.
I’m wondering if this all sounds normal. Will I be able to recoup the additional $10,000 I spent on my truck? The KBB value is around $20,000, but I paid $30,000 originally.
Also, my Yakima box and paddleboard, which were on the back of my truck, were destroyed in the accident. My insurance indicated that even if I file a claim with them for the truck, I would still need to pursue the other insurance for the loss of my destroyed items and any repairs to my truck at its full value.
After 20 years of accident-free driving, this has been quite overwhelming. Should I go ahead and file a claim with my own insurance?
Thanks for listening to my situation. Any advice would be appreciated!
It sounds like you’re dealing with a really frustrating situation, and it’s completely understandable to feel overwhelmed. Here are some thoughts that might help you navigate this process:
Choosing Insurance: Going through your own insurance (GEICO) can sometimes be faster and more straightforward, especially since they will handle negotiations on your behalf. However, they may also want to recoup costs from the other driver’s insurance. If you’re worried about the timeline or dealing with the other party’s insurance (American Way), using your own may be a good option.
Total Loss Considerations: Since you mentioned the rear frame is bent and the general consensus is that your truck may be totaled, it’s important to discuss that with your insurance. Typically, if a vehicle is determined a total loss, you’ll receive its fair market value, but because you paid more due to add-ons, you might want to discuss the possibility of additional compensation for the extras with both insurance companies.
Claim for Personal Items: For the Yakima box and paddleboard, you should definitely file a claim for those items. Your own insurance can help here, but it sounds like the other insurance can also be pursued for those losses. Keep records of the purchase prices and any supporting documentation for the items that were damaged.
Medical Bills and Pain/Suffering: The 6-9 month timeline for your bodily injury claim seems reasonable, especially if you’re continuing treatment. The settlement range they mentioned also sounds typical, but it’s always good to keep track of all your medical expenses and how this incident is affecting your daily life.
Communication with the Attorney: Since you’ve retained an attorney, make sure to discuss your concerns and questions directly with them; they can provide specific guidance tailored to your situation and may help you maximize your recovery for both medical and property damages.
Documentation: Keep thorough documentation of everything—medical records, repair estimates, communication with insurance companies, and any other related expenses or impacts on your life.
Navigating insurance claims can be tricky, especially after an accident. Trust your instincts, don’t hesitate to ask questions, and leverage your attorney’s expertise as you move forward. You’ve taken the right steps by retaining legal counsel and documenting everything. Good luck, and I hope you find a resolution that works in your favor!