shuefu

iTrader: (1)

To be frank and to the point, I highly doubt you will get totaled out. If this was the front of your car, it might get totaled out, but not the back. Comparing what’s in front of the car, there’s really nothing back there. As far as what Tampamax said about half or more….from the pictures your back door is perfectly in tack, so it’s not even half your car. And also on the topic of diminishing value, it goes both ways. Do you really think even if they totaled the car out, you will get anywhere close to what you paid for? To really think about honestly, you might not want them to total you out, you will loose money due the diminishing value.

This happened to me with my Corolla, even though it’s a different car, it’s the same concepts and value ratios. $10G should about right and I can almost guarantee you it wouldn’t take you shop more then two weeks to fix the car.

If it makes you feel any better, Geico has a great policy I’m not sure if you are aware or not. Not a lot of people know this but when you get your repairs fixed a Geico authorized shop (check to see if your is one), they guarantee the repair for the life of the car as long as you own it. So let’s say two years from now if something mechanical or even your paint job starts to rust, they will fix it for free. Of course the repair has to be associated with the initial accident. As far as I know, Geico is the only one that does this.

tampamax

Trust me when i say there is half or more of the car that needs to be replaced. To much to explian on here but its the damage that is lying beneath what one see's that will rack up a repair bill.
And as stated earlier one has every right to the full amount of a policy holders collision liability, i believe that's what they call it.

Jeff92se

iTrader: (82)

It's WAY more than $10,000 worth of damage. The parts alone would cost that much. There's probably 150+ hours in labor @ $80 per hour = $12,000 right there. That's $24,000

Redsand187

It may only take 2 weeks to fix the car, but you have to wait for the parts to come in, and that will take a long time. Anyone who has had to wait for a part from nissan knows this. Winter time is the busiest time of the year for body shops, so by the time they get the parts, they will be swamped. I'd be suprised if they did it in a month. I had to wait over 3 months when my Talon was wrecked, with 12,000 dollars in damage.

Jaws

What is pretty encouraging is that the fuel tank didn't rupture. Had this been a Pinto it would have been lights out.

jacksprat01

Yes, I was very pleased with the performance of the fuel system. Not so much as a whiff or drop of gasoline.

As for Geico, they did tow my car to my body shop today, although I have no idea if they are "Geico approved" or not (I could give a $hit.) It rained like hell on Sunday so my car is probably full of water now as well as it was left uncovered. At least my body shop will now keep it covered. Geico has now put the remains up for auction to their pool of salvage wholesalers. If they get a high enough bid for the remains, they will total it. If not, this creme puff is all mine. I'm willing to take a small loss to get out of this mess. The bank should be able to make a "substitution of collateral" and just move the loan to another car. I suspect there won't be much action from Geico until after the holiday now.

greg_atlanta

Don't spend too much time worrying over the diminshed value of the car if they fix it..... be glad it's not a RWD car (drivetrain would never be right again).

You are entitled to "pain and suffering" compensation from the other guy's insurance for your diminished quality of life. Ask for 3 times more than what you think you deserve.

Good thing the gas tank is under the back seat. I'm not sure where gas tanks are located on other FWD cars??

jacksprat01

Happy Thanksgiving everyone! I'm thankful to be alive and not paralyzed. Yes, my neck is wrecked, my Max is destroyed and I have a phucking Stratus parked in the driveway but hey, life isn't fair. After another argument with Geico they agreed to upgrade the rental to Premium class so as soon as something comes in at Enterprise. My wife told them that a Stratus isn't exactly comparable value and they finally agreed after much lavish talk about how they "don't normally do this." Thanks Geico, you're too good to me.

As for sueing over depreciated value and stuff, there's not much money in it after lawyer fees. Virginia law does not provide for much consumer protection here. You get blue book if they total it (they don't care what you owe) and a little for depreciation if they fix it (about 10%.) You can sue if you want, but judges have no sympathy if you are upside down on your loan. So anyway, we'll just have to see first if any of the salvage yards bid on my wreck.. I'll keep you posted.

phattyaltnatl

Here's one I saw on Ebay with $6K of damage, so you can comapre. Looks like you have WAY more than 10K worth of damage.




http://cgi.ebay.com/ebaymotors/ws/eB...ayphotohosting

sebzx79

I own a body shop with my father and to tell you the truth I would not buy this car except for parts (front end, sides, roof) to fix another max.
The car will NEVER drive the same no matter WHO fixes it. The whole structural integrity of the car has been compromised and that can’t be fixed. DO NOT GET THE CAR BACK, insist on them totaling it. If not see a attorney.

Redsand187

That car's airbags were activated... but I'd be suprised if they could replace all those airbags and fix the damage for 6,000 bucks.

LovelyPearl

OMG that is terrible ! I hope you are okay..Sorry to say but it looks totalled to me. My 02 was just smashed in the back from a truck its gonna cost 7432.80 to fix, the wouldnt total it at all. Depending on the insurance company the damages must exceed 50% of the value.

I TRULY feel your pain...

plasmaorb

Can tell everything, but i know one thing i would be careful of would be if your frame was screwed. I personally dont think they can straighten out a frame of a car and make it work right after its done. I have been in alot of cars that have had that done and they seem to shimmy or shake when its driving.

What you need to do is ***** about it and say you dont feel safe in this car after this crash... cause most insurance companies will just try and screw you, get the cheapest way out. Not sure who your insurance company is, if its AAA, then you have screwed the pooch with them... it would of been better off taking that car down to a gulley and setting it on fire and have some hommies strip it before hand.

shodog

My father inlaw got into an accident with his 98 SE. A car pulled out and side swiped him. The bill came to over $16K. Your car will cost way more than that to fix. I would insist on a replacement with a similar car if not a new one.

kgb006

with the money from the insurance claim you should be able to afford something newer/better, something to look forward to.

BLKMAX005SPD

iTrader: (1)

damn your car is messed up...glad your alright...
i def. think it should be totalled...
you don't wnat to drive around a wrecked car after they fix it...it will never be the same
good luck with the insurance company man

DaddyMac

it just needs a little bit of elbow grease

shodog

It's funny you say that. On my way to work I pass by an asian body shop. You should have seen the wrecks that went into there. As the days go by you can see the progress on these cars. some had entire halfs of body clips welded together. They always turned out looking sweet but you would never catch me buying one.

There is a Guy in the baySHO (Taurus SHO) that loves his SHO so much, he had a whole clip welded in when his wife rear ended his car. Here is a link to his website http://www.krazgeo.com/Owie.html

Jim

SkoorbMax

Surprised the seat didn't crack back and shoot you through the back window on that hard rear-ending! Glad you're ok. Also it looks absolutely fuxed. If they don't total the car they should. Definitely not a contender for lighthitcars.com

4drsleeper

This car has got to be totalled. Jacksprat said that after the wreck someone had to just about pry open the drivers door. That would mean that the damage probably covers 75% of the car or more. I can't believe Geico had to think twice about this one.

ClayKY

[QUOTE I can't believe Geico had to think twice about this one.[/QUOTE]

I can. Our friends at GEICO are the ones that supply various police departments laser and radar guns!

Redmax

iTrader: (20)

Wow sorry to hear about your accident, but do you think you can get the steering wheel off of it? I'm willing to buy it

4drsleeper

Yeah, and I still want the HID's Whats up???

Just kidding Jacksprat, but it would be nice if you could pull some of the parts

LovelyPearl

I inquired about sueing for depreciation. My adjuster told me that no one
will pay for that because they can not calculate that because cars
depreciate every day by a certain percent. And that a car is not like
a house as to where it increase's in value. I am in the same position
as you they are fixing my Max its gonna cost 7432.80. The best thing
you can do is sue if you are in pain. My neck is killing me = )
Not to mention mental anquish.

Somebody ran into me on the highway and knocked me into the fast
lane and I bounced off a Lexus and then got sideswiped by a bronco.
However Its mostly cosmetic, no front end damage just a few scraped
fenders and doors.

Good Luck.

Redsand187

Unless you have a loss of motion injury. (one that permently limits motion of any given body part) You won't get much of anything from an insurance company. Everyone knows that people sue insurance companies to try to make a quick buck. So the insurance company will want to bring the case to trial, and you will lose and look like a fool. Your attorney will want you to have it arbritrated, which will greatly limit the amount of money you get, I believe something like 50,000 bucks is the most you can get that way. And then the lawyer will take his 1/3, and you will have to pay all of your medicals bills. Because as soon as you file suit, the insurance company will stop paying.

Zero Deuce SE

I believe that the vehicle has to be moving forward at a certain speed before airbags deploy in a collision. It normally has to be from the side or front.

Zero Deuce SE

Maiximas do not have frames. they are a unibody construction.

caz41

First: Glad to hear you are ok and recovering. That is a nasty hit.

Second: You most certainly can sue for diminished value. I had an idiot run into my new Jaguar XJ8 a few years ago. I sued for among other things, diminshed value. The insurance company paid over $12,000 in loss of value on the car. Also, you should cease talking to all parties immediately. That is why you hire an attorney. Let them do their work. The insurance company should be renting you an 04 Maxima. All things are possible, but they will not budge an inch until they KNOW you are following through with legal action.

Third: You do NOT have to have a loss-of-motion injury to sue, as I'm sure your legal council has advised you. Further, if your award or needs exceed the other guys insurance policy limits then you can go directly after him.

Fourth: Geico has got to be the most horrible insurance company on the face of the earth. Why on earth do people keep buying policies from them.

Fifth: Insurance is not all the same. It is just like most things in life, you get what you pay for. My choice: Chubb-hands down the best insurance company.


Hope that you recover fully and rapidly. Glad to see that the car performed as it should!

jacksprat01

Well, the question of the thread: is it totalled?? You bet your a$$ it is. It's finally over. After two weeks Geico finally came around and totalled it out with a payoff of $32k plus tax and tags, the cost of a new Max w/ Journey, VDC, and mats. That's about a grand under what I paid because the current market value of Maximas is lower than when they first came out. I am now satisfied with Geico as they have done the right thing. I looked for another Max but put a down payment on a TL w/ Nav and it should be coming in Jan 18th. I love both cars but I like the interior of the TL and the dealerships seem better. I'll still stay on the list, especially because I have extensively driven both the 04 TL and the 04 Max and both have their strengths (a Max SE is more fun to drive and don't let ANYONE tell you different) and I'm still a Nissan fan for life as I believe the car saved me serious injury or death. Besides, the car's emblem now lives on another high performance machine. Thanks for everyone's input and support.

MaximaPolak

iTrader: (9)

If it's totaled, take the money, repay the 32K and sell the parts since the car still will be yours. You can make quite a lot of money on ebay or something.

Sell the parts! Buy another max and "hook it up"

Zero Deuce SE

You mean the insurance company won't take the car and sell it to a scrap yard or auto salvager? The engine alone is worth about $8k.

CoolChuck

It sounds like things worked out for you. Enjoy the new ride.

I thought Insurance took posession of the car after total loss too. What's the real deal with that?

jacksprat01

Of course the insurance company takes possession of the wreck. They are paying for it, they keep it.

MaximaPolak

iTrader: (9)

Are you sure they take the car after the pay? I thought it was yours til the very end. I thought most people just gave them to junk yards!

Maxima99SE

iTrader: (2)

on totalled cars, you can buy the car back from them for a HIGHLY reduced fee... and about the laser/radar guns from geico... that SUCKS! I should drop my policy with them right now!.. but they did pay me quite nicely after getting rear-ended last october...

MaxSE03

iTrader: (1)

I'm glad to hear the good news, jacksprat01. Hope you enjoy the new TL!

bluemaxx

It's negotiable. Often if your insurance company pays off your loan, they get the salvage. If the other guys insurance company is paying a liability claim you should be able to keep the salvage.

If they pay less than the payoff you don't want them to have the salvage and you the balance of payments.

bluemaxx

The 04 Maxima has intelligent air bag controlers, for all I know it may be standard on all new cars now. Even a front end colision doesn't always deploy all air bags/curtains.

LovelyPearl

[QUOTE=caz41]First: Glad to hear you are ok and recovering. That is a nasty hit.

Second: You most certainly can sue for diminished value. I had an idiot run into my new Jaguar XJ8 a few years ago. I sued for among other things, diminshed value. The insurance company paid over $12,000 in loss of value on the car. Also, you should cease talking to all parties immediately. That is why you hire an attorney. Let them do their work. The insurance company should be renting you an 04 Maxima. All things are possible, but they will not budge an inch until they KNOW you are following through with legal action.

Third: You do NOT have to have a loss-of-motion injury to sue, as I'm sure your legal council has advised you. Further, if your award or needs exceed the other guys insurance policy limits then you can go directly after him.

Fourth: Geico has got to be the most horrible insurance company on the face of the earth. Why on earth do people keep buying policies from them.

Fifth: Insurance is not all the same. It is just like most things in life, you get what you pay for. My choice: Chubb-hands down the best insurance company.


"You most certainly can sue for diminished value. I had an idiot run into my new Jaguar XJ8 a few years ago"

Thats GREAT news, I was going by what my adjuster said, so I didnt know that.

Third: You do NOT have to have a loss-of-motion injury to sue, as I'm sure your legal council has advised you. Further, if your award or needs exceed the other guys insurance policy limits then you can go directly after him.

I didnt think that was correct, if you are injuried they need to pay making a FALSE claim is against the LAW. Some people do that, however
when your injuried they WILL pay.Noone should ever be so low down to make FALSE claims. I believe every state/insurance company has there own set rules. (Gieco is just a broker I think and not the actual insurance company)

No reasonable insurance company will stop paying when a lawyer is
involved unless its a scam. My car damages have been paid for by my insurance and its up to the two companys to battle it out. Thats why I have FULL coverage. I think most people who play games with the insurance company dont even have there own policy, so they ride around with there car all banged up waiting for a handout..Not me..my car and expenses will be paid regardless as well as any other problems arising from some a#$ slamming his truck into a dam near parked car.

Redsand187

Well, having gone through 4 years of hassle with a car accident, I'm speaking from my expeirence. There was no real loss of motion injuries to me. I still have neck and back pain, but there really is no medical proof that there is "damage."(loss of motion)

As soon as I decided to seek an Attorney, they stopped paying the bills. They knew they would at least have to cover them when a settlement was reached, but they had no reason to pay. Most personal injury attornies cover medical costs while working the case because most insurance companies do this. Or so my attorney told me.

After going through months of waiting, three medical evaluations, arbitration the final settlement was 13,xxx dollars.

After the attorney took his share and paying the left over bills the insurance company did not pay, I was left with about 5,000 dollars. That is nothing. The time I spent because of this accident was worth more then that.

I have a friend who had the same result in a similar accident, with a different insurance company and a different attorney.