moneymaven
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Post by moneymaven on Dec 30, 2013 0:47:16 GMT -5
How are things today, swamp?
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Value Buy
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Post by Value Buy on Dec 30, 2013 9:51:40 GMT -5
the other driver's insurance company should provide you with a comparable vehicle to the one involved in the accident. I had an insurance company try that on me when I drove a minivan. made them provide a minivan rental. You're right. They should. I don't want to fight. This is stressful enough and I'm juggling too many balls right now with the rest of my life. I'm going to take the path of least resistance and drive my parents vehicles. They're fine with it. They don't need 2 vehicles. My mom rarely drives anymore so dad planned on selling the truck anyway. The equinox would just sit in the garage when they're in FL for 3 months. And you call yourself a lawyer Remember what they say about a lawyer representing their self. They have a fool for a client.....
Here in Indiana we traverse I-65 AND I-94, I-80, all the time. We are always dodging debris from the big rigs, whether steel coils, tires, two by fours, etc. Always an adventure. Being on the receiving end of an entire tire and rim has to be mindboggling. Congratulations on surviving with minimal injuries. Very fortunate.
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swamp
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Post by swamp on Dec 30, 2013 9:54:13 GMT -5
I'm saving my fight for the value of the van and whether or not it's totaled. I want it totaled. YOu can fix the car, but it's never quite right after an accident like that.
I don't really care about the rental.
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swamp
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Post by swamp on Dec 30, 2013 9:55:00 GMT -5
How are things today, swamp? I have a really big bruise on my left hip. My right boob is bruised too. My back hurts. The truck rides fine.
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Deleted
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Post by Deleted on Dec 30, 2013 9:59:40 GMT -5
It's been a while since I worked for an Auto Insurance Company, but IIRC you get whatever he has on his policy for rental. If he has a $30/day that is all they will reimburse. So if you wanted to get a van for a rental you would pay the difference. I am glad to hear you are OK! And you have every right to decide that fighting for a rental just isn't worth it to you. Along with anything else you decide you don't want to do.
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wvugurl26
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Post by wvugurl26 on Dec 30, 2013 9:59:53 GMT -5
I hope the bruises and pain go away soon.
I'd want the van totaled out as well with that type of damage. Some things are more hassle than they are worth in regards to the rental.
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swamp
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Post by swamp on Dec 30, 2013 10:01:21 GMT -5
It's been a while since I worked for an Auto Insurance Company, but IIRC you get whatever he has on his policy for rental. If he has a $30/day that is all they will reimburse. So if you wanted to get a van for a rental you would pay the difference. I am glad to hear you are OK! And you have every right to decide that fighting for a rental just isn't worth it to you. Along with anything else you decide you don't want to do. Yeah, I get $30 a day for 30 days. It's going to be longer than 30 days. I have a parent car available until the end of April.
And, the owner of the construction company just called to check on me. I thought that was very nice of him.
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swamp
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Post by swamp on Dec 30, 2013 10:01:43 GMT -5
. I'd want the van totaled out as well with that type of damage. Some things are more hassle than they are worth in regards to the rental.
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Deleted
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Post by Deleted on Dec 30, 2013 10:25:41 GMT -5
It's been a while since I worked for an Auto Insurance Company, but IIRC you get whatever he has on his policy for rental. If he has a $30/day that is all they will reimburse. So if you wanted to get a van for a rental you would pay the difference. I am glad to hear you are OK! And you have every right to decide that fighting for a rental just isn't worth it to you. Along with anything else you decide you don't want to do. incorrect. if the other driver has $30 a day, that is all HIS insurance company would reimburse him for his rental. for the other driver, they are to provide a similar vehicle. otherwise what would happen if a driver doesn't have rental included with their coverage - anybody they hit is SOL on a rental?
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swamp
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Post by swamp on Dec 30, 2013 10:27:06 GMT -5
It's been a while since I worked for an Auto Insurance Company, but IIRC you get whatever he has on his policy for rental. If he has a $30/day that is all they will reimburse. So if you wanted to get a van for a rental you would pay the difference. I am glad to hear you are OK! And you have every right to decide that fighting for a rental just isn't worth it to you. Along with anything else you decide you don't want to do. incorrect. if the other driver has $30 a day, that is all HIS insurance company would reimburse him for his rental. for the other driver, they are to provide a similar vehicle. otherwise what would happen if a driver doesn't have rental included with their coverage - anybody they hit is SOL on a rental? NY insurance works differently.
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Deleted
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Post by Deleted on Dec 30, 2013 10:29:11 GMT -5
incorrect. if the other driver has $30 a day, that is all HIS insurance company would reimburse him for his rental. for the other driver, they are to provide a similar vehicle. otherwise what would happen if a driver doesn't have rental included with their coverage - anybody they hit is SOL on a rental? NY insurance works differently. so what happens when driver #1 is at fault but doesn't have any rental coverage? what does driver #2 do while their car is out of commission?
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swamp
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Post by swamp on Dec 30, 2013 10:30:28 GMT -5
NY insurance works differently. so what happens when driver #1 is at fault but doesn't have any rental coverage? what does driver #2 do while their car is out of commission? They're SOL unless they have their own rental coverage, which I do.
Welcome to NY.
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Deleted
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Post by Deleted on Dec 30, 2013 10:32:02 GMT -5
so what happens when driver #1 is at fault but doesn't have any rental coverage? what does driver #2 do while their car is out of commission? They're SOL unless they have their own rental coverage, which I do.
Welcome to NY.
seriously? what a crappy system....I've had drivers hit me in NJ, VA and MD and in all cases I was provided with rental of a similar vehicle for however long it took (in one case it was a minivan for over 30 days).
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swamp
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Post by swamp on Dec 30, 2013 10:42:49 GMT -5
You know what the worst part of this is?
Workouts shelved for about a week. I was jamming the workouts, and I don't want to lose my momentum.
Can't go for a walk because it's a high of 4 today. Couldn't walk over the weekend because DH was working and walking with the kids isn't a workout.
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Deleted
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Post by Deleted on Dec 30, 2013 10:43:37 GMT -5
so what happens when driver #1 is at fault but doesn't have any rental coverage? what does driver #2 do while their car is out of commission? They're SOL unless they have their own rental coverage, which I do.
Welcome to NY.
So I was right! So THERE!
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shanendoah
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Post by shanendoah on Dec 30, 2013 11:18:26 GMT -5
So very glad you are okay, swamp. I've been in a car when a rogue tire bounced off the hood (and up over the roof) so have a vague notion of how scary it can be (though your incident sounds WAY scarier). I am also glad you didn't swerve. Maybe it wouldn't have been a big deal where you were, but when the late MIL swerved to avoid a laz-y-boy falling off the truck in front of her, she went off the highway and rolled her car down an embankment. She was unconscious and unresponsive for 6 weeks and in the hospital for 6 months. While swerving is totally the natural instinct, it's almost never the right thing to do, since cars are built to protect you from front end collisions (though not tires coming through the window) but not so much from rolling.
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swamp
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Post by swamp on Dec 30, 2013 11:19:45 GMT -5
So very glad you are okay, swamp. I've been in a car when a rogue tire bounced off the hood (and up over the roof) so have a vague notion of how scary it can be (though your incident sounds WAY scarier). I am also glad you didn't swerve. Maybe it wouldn't have been a big deal where you were, but when the late MIL swerved to avoid a laz-y-boy falling off the truck in front of her, she went off the highway and rolled her car down an embankment. She was unconscious and unresponsive for 6 weeks and in the hospital for 6 months. While swerving is totally the natural instinct, it's almost never the right thing to do, since cars are built to protect you from front end collisions (though not tires coming through the window) but not so much from rolling. I would have buried myself in a snowbank.
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shanendoah
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Post by shanendoah on Dec 30, 2013 11:27:40 GMT -5
Buried in a snow bank might be a little better than rolling down an embankment, but not much if you can't get out, and possibly can't let people know where you are.
Once again, just glad that you are mostly okay. Beat up and bruised sucks, but is so much better than it could have been. More ice packs, more baths with Epsom salts, more weekends with MIL taking the kids...
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swamp
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Post by swamp on Dec 30, 2013 11:29:20 GMT -5
I was in front of someone's house. they knew I was there, lol. they heard it.
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swamp
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Post by swamp on Jan 2, 2014 10:15:43 GMT -5
Did you know that in NYS, to get a copy of the accident report, you now have to order it online from the DMV and pay $15? You used to be able to go to the Police Station, pay 50 cents, and get it. Oh, and if you don't know the county and date of the accident and are searching under name or license plate number, you have to pay $7 for the search, even if the search turns up nothing because the report isn't filed yet. Obviously, I know the county and date of the accident, but holy rip off.
Because it involved a commercial vehicle, it took a while to complete the report. It was finally filed yesterday5 days after the accident. It takes about 10 days for it to show up online. And the insurance company wants it yesterday.
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wvugurl26
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Post by wvugurl26 on Jan 2, 2014 10:30:08 GMT -5
That's the kind of crap that adds insult to injury. You are trying to deal with all this and do what's necessary and you have all these bs roadblocks.
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GRG a/k/a goldenrulegirl
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Post by GRG a/k/a goldenrulegirl on Jan 2, 2014 10:43:58 GMT -5
The paperwork hassles are the very sort of thing you should mention in passing to the trucking company owner. Because, besides the fact that you were in a horribly frightening accident caused by one of his trucks and employees and through no fault of your own, and besides the fact that you do, in fact, have injuries, and besides the fact that you have to drive your father's truck instead of brand new van, and besides the fact that you now have to hunt down another Honda minivan from a dealer 3 hours away again, you also have to deal with all of the f'in paperwork. I said it before. I'll say it again. Time to renegotiate his retainer fee.
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GRG a/k/a goldenrulegirl
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Post by GRG a/k/a goldenrulegirl on Jan 2, 2014 10:47:50 GMT -5
BTW, did the truck driver get cited? For negligent operation? Did the owner get cited? For failure to maintain the equipment?
I know you want to be diplomatic with a client, but you also don't want this to happen again. God forbid the end result not be so fortunate, kwim?
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kilroy
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Post by kilroy on Jan 2, 2014 10:52:16 GMT -5
What a freaking ripoff, Swamp. As a party in the accident, aren't you entitled to a copy of the report? Wow, that stinks.
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swamp
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Post by swamp on Jan 2, 2014 12:37:11 GMT -5
BTW, did the truck driver get cited? For negligent operation? Did the owner get cited? For failure to maintain the equipment? I know you want to be diplomatic with a client, but you also don't want this to happen again. God forbid the end result not be so fortunate, kwim? They are investigating the reason for the accident. I don't think they got cited, but the DOT is all up the owner's butt with a fleet inspection.
The trailer passed inspection the week before.
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swamp
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Post by swamp on Jan 2, 2014 12:37:39 GMT -5
What a freaking ripoff, Swamp. As a party in the accident, aren't you entitled to a copy of the report? Wow, that stinks. Yes. If I pay for it. Welcome to NY.
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Peace77
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Post by Peace77 on Jan 2, 2014 12:57:42 GMT -5
Was the tire on the truck or on the trailer?
That's terrible to be charged $15 for your own accident report. It seems no end to the fees the govt. charges.
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swamp
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Post by swamp on Jan 2, 2014 12:59:43 GMT -5
Was the tire on the truck or on the trailer? That's terrible to be charged $15 for your own accident report. It seems no end to the fees the govt. charges. Tire was on the trailer. actually, it was the whole wheel.
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Peace77
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Post by Peace77 on Jan 2, 2014 13:06:19 GMT -5
Wonder if NY has a requirement for the truck driver to keep the load secured?
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swamp
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Post by swamp on Jan 2, 2014 13:07:00 GMT -5
Wonder if NY has a requirement for the truck driver to keep the load secured? Yes, they do. But the wheel didn't come off the load. It came off the trailer.
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