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First Ever Car Accident - 2012 Elantra Rear Ended - Advice for Dealing with Insurance

Short story:

2012 Elantra, less than 5K miles, bought new (financed through bank). Got rear ended earlier this evening. There is a good bit of damage but the car was drivable, so I tore off what was left of the bumper and drove it home. In my state (MI), when a driver from behind rear-ends you, the accident is automatically their fault as a matter of law. To top it off, the other driver admitted the accident was his 100% his fault and that's in the police report.

This is my first ever accident and I don't want to get screwed by my insurance company or the other driver's insurance company.

Anyone have advice for dealing with a situation like this? My biggest fear is that the car will be totaled out and I'll be left holding the bag for some $ after the insurance companies tell me what my "used" car is worth. I do have "gap insurance" through the bank but I'm not sure what/how much it would cover if I need to make a claim.

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You just have to wait and see.

Talk to your agent and pump them for as much info as you can get.
 
That's not 'totalled', that's just some body work.:001_tongu
Report the accident, they'll send an adjuster out to take pictures, then go to their bodyshop and let them fix it.
You might have to pay the deductible, but that looks like a pretty clear-cut case, I can't imagine the insurance company dicking around on such a small matter.
 
Hek..the moment you drive your car off the lot..50% is technically gone....certain car makers "retain" a bit more of their resale value..my dad told me this...:001_tt2:
 
Couple questions/comments:

1. Good that the cop there. Normally, a cop should always be called when an accident occurs, but it can be particularly useful when a significant amount of damage occurs, since they can take notes, talk to all drivers, and write a formal accident report that might help protect against any "he said/he said" situations.

2. I assume you have all the information on the other driver so you can provide it to your insurance company. Call them ASAP. They'll send an appraiser out to survey the damage. You can then take it to a body shop (you might have to use one of their recommended list). The body shop people will look it over and if they disagree they'll call the appraiser and dicker for a revised quote.

3. Your car is definitely not totalled. A lot of rear body repair for sure, but as long as the frame isn't bent, they should be able to fix it.

4. Someone from the other driver's insurance company may call you and ask you to give your side of the story. Do it, and fill out any forms they may send you to report your story.

5. You probably will initially have to pay the deductible when the car is fixed. However, since this really does seem to be the other driver's fault, you'll probably get this back once it's decided that it's his fault. Generally, drivers in back are nearly always responsible for rear-ending drivers in front.

I know all this stuff because my teenage son recently rear-ended another car with this own car. Other car had s tiny biy of paint damage on the rear bumper; my son's car had the bumper, hood and lights smashed in. Fortunately, the cops did come and everyone was okay. Car is still in the shop, and my son will be paying the deductible himself and look forward to paying a huge surcharge and higher rates on his (well mine) insurance.
 
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Couple questions:

1. Did a cop come to the scene? Normally, a cop should always be called when an accident occurs, but it can be particularly useful when a significant amount of damage occurs, since they can take notes, talk to all drivers, and write a formal accident report that might help protect against any "he said/he said" situations.

You can see the black & white with the push bumper in the photo.

All very good information and something everyone should "file away" in their memory should the need arise.
 
File it with HIS insurance company. If you work with the other guy's insurance, in all likelihood you won't have to pay out a deductible at all, and they may very well provide you with a rental car while yours is being fixed. As long as he is insured, it's really not your insurance's responsibility to pay for it, it's theirs. State laws may vary on this, I suppose, but my wife has been hit 3 times in the last 2 years here in Tx. (twice were texting teens blowing stop signs, and the last was an elder gentleman from across the street, just drive right over into our driveway)... Each time they gave us a rental, and the first car was totaled, but the last 2 they just repaired as it was fairly minor. (much like yours actually appears to be).. In each case the insurance companies were easy to deal with and straightforward. Be honest, and expect them to make it right.
 
You're paying $3.85 for gas?! :ohmy:

Glad everyone's ok. +1 on the car not seeming totaled. The other driver's insurance company should also cover your rental car while yours is in the shop.
 
File it with HIS insurance company. If you work with the other guy's insurance, in all likelihood you won't have to pay out a deductible at all, and they may very well provide you with a rental car while yours is being fixed.

That really must be state-specific. I've never heard of a driver himself filing a claim with the other person's insurance company; usually one goes through their own insurance company and has them handling all the negotiating and finger pointing stuff. I would think if you try to bypass your own insurance company and hit on the other guy's company, they might refuse to pay anything up front until everything has been totally figured out, including any claims that the other driver might try to have against you. Since this is the first accident for the OP, I'd recommend he through his own insurance company and get the money for repairs faster, they'll take of the negotiations, and, when it's decided that the other guy is at fault, the other company should compensate his insurance company for the claim as well as the initial deductible payment.
 
You're paying $3.85 for gas?! :ohmy:

That was my first thought. I filled up for under $3 yesterday.

I don't think you have to worry about the car being totaled with a rear-end collision. Most of the time it would be because of frame damage that would be too expensive to fix for the value of the car. Being an almost new car, that should not be an issue. Example, I had a ex who was t-boned by someone directly on the rear axle in a 10 year-old honda with about 130k. The impact did a little damage to the door but the car didn't look too bad. Ended up having a bent frame from the force going through the axle and would have cost over $8,000 to fix. The insurance company said the car was only worth $7,000 so they totaled it and wrote her a check for the value even though it could still be driven.
 

Intrigued

Bigfoot & Bagel aficionado.
You're paying $3.85 for gas?! :ohmy:

That was my first thought. I filled up for under $3 yesterday.

*Welcome to Michigan! I heard the price per barrel of oil had dropped to $86 a couple of week ago and thought we'd see some lower gas prices..... instead they jumped up by 20 cents within a day. I just filled up on the 15th for $3.799 and that was the best price I'd seen locally in two weeks. :a31:
* end rant
 
That really must be state-specific. I've never heard of a driver himself filing a claim with the other person's insurance company; usually one goes through their own insurance company and has them handling all the negotiating and finger pointing stuff. I would think if you try to bypass your own insurance company and hit on the other guy's company, they might refuse to pay anything up front until everything has been totally figured out, including any claims that the other driver might try to have against you. Since this is the first accident for the OP, I'd recommend he through his own insurance company and get the money for repairs faster, they'll take of the negotiations, and, when it's decided that the other guy is at fault, the other company should compensate his insurance company for the claim as well as the initial deductible payment.

It may be. The last 2 times, we didn't even call our insurance, just called theirs and opened up a claim. I've seen enough different advice on that, however, that I wondered if other states had different laws. I'd only involve mine if the driver was uninsured, or the fault was with one of my insured drivers. That's why we pay for ye-olde-uninsured motorist coverage, HA. OTOH the one time I DID involve my own insurance co, it was a markedly more painful process... just answering the same questions multiple times, etc.

Either way, best of luck to the OP. Most likely it'll be an inconvenience, but if nobody was hurt, you came out good. :)
 
So far, you've done a lot of good things. You got a police/accident report, took pictures of the car, and admissions from the driver. In the one accident I was involved in, I got my insurance company involved early. They harassed the other insurance company and made sure I got my car repaired, in full, in a timely manner without any money out of my pocket. For me, having an agent on my side and speaking to the other insurance company was a good way to make sure I didn't get taken. You should give your agent a call and see if he/she will do the same for you.
 
No way that is a GAP claim unless the airbags popped. I would also make sure that the repairs are done with OEM parts, they are readily available with your car being as new as it is. Make sure they check the "C" pillars as well, I got rear ended last December and there were two impact dents on the pillars that I did not notice, but the adjuster did.

Call your agent and let them handle this, that is what you pay for!
 

ouch

Stjynnkii membörd dummpsjterd
Dang, that's cheap!!

With conversion, gas is about $5/gallon up here.



Edit, yes, that's US dollars and those tiny US gallons ...

I remember going to Canuckistan in the early 90's with the future Mrs. Ouch. I complained that we would have to pay a lot for gas up North, while it was only around a buck and a quarter down here in civilization. When we arrived, she pointed to the gas pumps and said, "See? It's only 89 cents up here." I said, "That's for a litre."

Anyone who has been here for more than a few years should know what her next comment was. :crying:
 
Yeah like someone else said, make sure they fix the car with Hyundai parts -- and not some cheap aftermarket ones. The insurance will pay for a rental car while yours is in the body shop. I used to work for Alamo Car Rental. We did a lot of rentals to people whose cars were being repaired after a collision. We would bring the car to the body shop and give them their rental car after they turned over the keys to their damaged car.

An off duty correctional officer ran into our new minivan when it had 8,000 miles. It was in a parking lot. She scraped the side and put about 5 or 7 small dents, and scrapped the paint off, and damaged the undercladding. She actually tried to blow it off and walk into the store (we were inside the store and didn't witness it), but a good samaritan caught her. I should've called the police, but she pleaded to pay cash for the damage. I submitted to her 2 estimates -- one for $1500, and the other for $1300, and she claimed I was trying to rip her off. Lady, sure, I forced you to run into my brand new car so I could get money out of you (which goes to the body shop, not me). In a huff, she turned it over to her insurance, and they sent out a stupid adjuster. This adjuster tried to say that the damage to the undercladding (plastic) was pre-existing because it looked different than the damage to the sheetmetal above the cladding. I said: "yeah, because it's 2 different materials, and her tire went against the undercladding, and her car's fender/headlight scrapped along the metal. Why would a 8,000 mile car have pre-existing damage in the same exact spot where this lady hit the van?

$2005_Kia_Sedona-3.jpeg
It was a Kia Sedona minivan like this one -- with plastic under cladding. The adjuster was basically calling me a liar. So I called my insurance, and they made the other lady's insurance pay the full claim. It left a bad taste in my mouth, so now I dot all my i's and cross my t's. But your car looks highly fixable. It will be as good as new and with that 10 year Hyundai warranty, you will be able to drive it a long time and get your money's worth out if it.
 
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That is not a totaled car by any means. It will need a new rear bumper and some paint I am guessing.

Gas is $4.30 in California right now.....
 
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