tskeeter
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Post by tskeeter on Jan 2, 2014 14:24:49 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. I'd think that since Swamp is self employed, that any time spent dealing with the consequences of this accident would result in lost income. Lost income creates damages, which can usually be recovered from the other party's insurance company. Along with any other documented out of pocket costs related to the accident. Tell the insurance company that will be paying for the accident that you'll be asking for attorney rates for the time spent car shopping and on the paperwork associated with the accident and they might offer ways to reduce the amount of time the Swamp has to spend.
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Wisconsin Beth
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Post by Wisconsin Beth on Jan 2, 2014 14:37:07 GMT -5
How scary Swamp. I'm glad you're in 1 piece and reasonable ok. And hopefully getting better fast.
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tskeeter
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Post by tskeeter on Jan 3, 2014 12:22:19 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.
It is remotely possible that there was no mechanical flaw in the trailer. Even though the wheel came off. It is possible that the wheel was not installed properly. That could happen if someone tried to steal the wheel. At one time I worked in a manufacturing plant where it was common practice for trucking companies to drop trailers in an unfenced lot for us to load. Drop an empty, pick up a loaded trailer that we had staged so they wouldn't have to wait for a couple of hours while we loaded the trailer. (If you're loading 50 or so trailers a day, a lot of driver and tractor time could be spent each day just waiting to get loaded.) One Friday, a driver dropped a trailer with a full set of brand new tires. In those days, probably $2,500 worth of tires. By Monday morning, the trailer had a set of worn out tires on it. What we think happened is that an independent trucker saw all those new tires, stole the trailer, exchanged the new tires for the worn out tires on his trailer, and returned the trailer to our lot, expecting that nobody would probably notice the different tires. If something like this had happened, and the lug nuts weren't properly tightened, the lug nuts could work loose and come off. And, if the lug nuts were about finger tight, I don' think that a typical visual inspection would reveal the improperly installed tire.
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swamp
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Post by swamp on Jan 3, 2014 12:24:29 GMT -5
Clarification, it passed the NYSP roadside random checkpoint inspection. I'm not sure how detailed they get, but I've seen the troopers crawling all over the trucks.
I got my accident report and I'm $22 poorer. $7 for the search and $15 for the report. yes, the report is saved on my computer.
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toomuchreality
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Post by toomuchreality on Jan 4, 2014 2:26:05 GMT -5
Yikes! Sorry to hear about this, Swamp. Best of luck with it all. I hope you're doing okay. And that you get a fabulous replacement vehicle!
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Formerly SK
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Post by Formerly SK on Jan 4, 2014 12:11:27 GMT -5
I'm late to this thread but OMG I'm so glad you are OK. Seriously. I know you will have a ton of crap to weed through in the next few weeks/months (and WTF on the accident report fees!!!! ) but try to remember that you are alive and that is by far the most important thing. Flying wheels at 100+ MPH is no laughing matter. Just be happy that you are alive.
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swamp
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Post by swamp on Jan 6, 2014 18:12:52 GMT -5
The insurance adjuster contacted me. $16725 in damages. Salvage value is $6500. I owe $24700. I can either take a check for $23,225 or get it fixed.
Im taking the cash.
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Jaguar
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Post by Jaguar on Jan 6, 2014 18:20:25 GMT -5
OMGosh $16,725 in damages, that's extensive. Geez I'm so glad your alright Swamp.
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Jaguar
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Post by Jaguar on Jan 6, 2014 18:21:38 GMT -5
The insurance adjuster contacted me. $16725 in damages. Salvage value is $6500. I owe $24700. I can either take a check for $23,225 or get it fixed. Im taking the cash.
And I guess your going vehicle shopping ?
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swamp
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Post by swamp on Jan 6, 2014 18:25:27 GMT -5
The insurance adjuster contacted me. $16725 in damages. Salvage value is $6500. I owe $24700. I can either take a check for $23,225 or get it fixed. Im taking the cash.
And I guess your going vehicle shopping ?
I'm going to call the dealer where I bought it, tell them the deal, ask for the same price from 6 months ago.
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Jaguar
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Post by Jaguar on Jan 6, 2014 18:26:51 GMT -5
That's good and good luck.
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Deleted
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Post by Deleted on Jan 6, 2014 18:30:52 GMT -5
Shouldn't you get a better deal than 6 months ago?
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Deleted
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Post by Deleted on Jan 6, 2014 18:34:34 GMT -5
The insurance adjuster contacted me. $16725 in damages. Salvage value is $6500. I owe $24700. I can either take a check for $23,225 or get it fixed. Im taking the cash. can't believe they didn't total it.....smart move on your part because chances are they would have found more damage when they started pulling it apart to fix it.
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Deleted
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Post by Deleted on Jan 6, 2014 18:40:20 GMT -5
I'm so glad you're OK swamp!
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swamp
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Post by swamp on Jan 6, 2014 18:49:27 GMT -5
Shouldn't you get a better deal than 6 months ago? I dunno. Why would I?
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Deleted
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Post by Deleted on Jan 6, 2014 18:54:22 GMT -5
Are you buying the same model year? It's older/ outdated now...
New model year should be out...
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swamp
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Post by swamp on Jan 6, 2014 18:55:45 GMT -5
Are you buying the same model year? It's older/ outdated now... New model year should be out... I will buy the 2013 if they have any left.
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Deleted
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Post by Deleted on Jan 6, 2014 18:57:41 GMT -5
Then it should be cheaper than 6 months ago... End of year incentives, etc. I would not start by asking for the sme deal.... See what the current offer is first.
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moneymaven
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Post by moneymaven on Jan 6, 2014 18:58:37 GMT -5
Do you have gap insurance on your loan?
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atlantapenny
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Post by atlantapenny on Jan 6, 2014 19:23:22 GMT -5
I've been a lurker for quite some time but had to create an account to respond to this tread. Several years ago I went through an almost identical accident, although in my case the tire ripped off the roof and almost took my head with it. Thankfully my injuries were not too severe and I ultimately was fine, but it is such a random and bizarre thing to go through I wanted to let you know you are not alone.
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swamp
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Post by swamp on Jan 6, 2014 19:24:51 GMT -5
Do you have gap insurance on your loan? No.
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swamp
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Post by swamp on Jan 6, 2014 19:26:11 GMT -5
I've been a lurker for quite some time but had to create an account to respond to this tread. Several years ago I went through an almost identical accident, although in my case the tire ripped off the roof and almost took my head with it. Thankfully my injuries were not too severe and I ultimately was fine, but it is such a random and bizarre thing to go through I wanted to let you know you are not alone. Thank you. And thanks for coming out of lurkerdom. Welcome.
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Deleted
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Post by Deleted on Jan 6, 2014 19:39:27 GMT -5
Are you buying the same model year? It's older/ outdated now... New model year should be out... it's a Honda odyssey - usually not a lot of deals to be had. Swamp - did you verify the fair market value of the car using Edmunds or True Value? you can fight them on the amount if you show how much that car is to buy in your area.
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Jaguar
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Post by Jaguar on Jan 6, 2014 19:41:43 GMT -5
Welcome to the boards atlantapenny.
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swamp
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Post by swamp on Jan 6, 2014 19:42:16 GMT -5
Are you buying the same model year? It's older/ outdated now... New model year should be out... it's a Honda odyssey - usually not a lot of deals to be had. Swamp - did you verify the fair market value of the car using Edmunds or True Value? you can fight them on the amount if you show how much that car is to buy in your area. Yes, and they value it more than I came up with. The problem is it is not totaled. I either have to have it fixed or take the repair chek and salvage it. To be totaled the damages have to be 75% of the value.
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Deleted
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Post by Deleted on Jan 6, 2014 19:57:01 GMT -5
We'll then, if they don't go on sale, I'm guessing she should get the 2014...
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Deleted
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Post by Deleted on Jan 6, 2014 20:03:31 GMT -5
We'll then, if they don't go on sale, I'm guessing she should get the 2014... I would....comes with the built-in vacuum
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doxieluvr
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Post by doxieluvr on Jan 6, 2014 20:09:23 GMT -5
Are you buying the same model year? It's older/ outdated now... New model year should be out... it's a Honda odyssey - usually not a lot of deals to be had. Swamp - did you verify the fair market value of the car using Edmunds or True Value? you can fight them on the amount if you show how much that car is to buy in your area. Swamp, as single states, You can negotiate with the insurance company. I would get replacement cost and counteroffer with them.
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muttleynfelix
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Post by muttleynfelix on Jan 6, 2014 20:10:47 GMT -5
I didn't see this earlier. Glad you are ok. Sorry you have to deal with this.
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swamp
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Post by swamp on Jan 6, 2014 20:50:53 GMT -5
it's a Honda odyssey - usually not a lot of deals to be had. Swamp - did you verify the fair market value of the car using Edmunds or True Value? you can fight them on the amount if you show how much that car is to buy in your area. Swamp, as single states, You can negotiate with the insurance company. I would get replacement cost and counteroffer with them. The damages aren't even close to what's needed to total it. The won't give me replacement cost.
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