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Post by manda on Nov 20, 2014 6:47:55 GMT
So last month I traded in my previously beloved car for a brand new car after doing a lot of research, weighing the pros and cons, etc. I feel like I came out ahead in the negotiations for trade-in value of my car as well as the deal on the car I purchased. Then I put 50% down on the car so I'm totally invested in it. On day 37 of owning the car (still don't have license plates!!!), I was rear-ended when I stopped for a pedestrian at a protected crosswalk. The other driver was going approximately 30-35mph and did not brake when he hit me. I didn't see him coming at all so the impact of him hitting me was quite the blow. I was able to drive my car away. He was not. His insurance company accepted 100% fault immediately so that's not really the issue. Last week, I obtained a quote on my car repairs from a AAA affiliated auto body shop (or whatever they call it) and made arrangements to drop my car off this week and get a rental car. Great, right? Well, when I dropped my car off this morning, the guy who checked my car in at the auto body shop noticed more damage than was noticed last week (admittedly by me as well but I've been in lala land)... particularly 'buckling' in the body of my car. I purchased a 5 door Mazda3 Grand Touring Hatchback so these huge dents were in the upper right and left corners of the body where the window to my back hatchback door is but kind of on the sides (maybe corners of the body on either side of the window to the hatchback door?) To quote the guy, "these indicate you were hit at a high rate of speed." No kidding. I have the body pain to prove it. Side Note: go read about how the never-ending quest to make cars less damaged in accidents is transferring the force of the accident impact on the human beings inside. UGH. Pain. Anyway... How concerned about these 'buckles' of the outer body should I be worried about? I haven't heard yet whether they completed the tear down of the damaged area and what it looks like so far. I don't care. It's one thing to have the bumper and muffler repairs needed, but this type of body work? A month after purchase?  At 750 miles. The car was manufactured in June 2014. I want to cry. I haven't heard yet if the frame was impacted as well. I don't care. Quite frankly, I want a brand new car. Maybe this sounds like a temper tantrum but I'm really upset by this and really don't want to get legal with an attorney. I'm not that person. I don't have it in me to be that person. I really do not have the time to be that person. As for me, I'm okay though in a lot of neck and back pain. Can't run my half marathons anytime soon probably, but I'm hopeful the long term effects will be minimal. Except my readings and research tell me it may not be. That's a whole other issue. But just know for now I'm okay. So yeah... What would you do? About the car? What can I do? Help...  ETA: In addition to the buckling, the guy today showed me how the back of the car no longer aligns correctly with the back doors. So yeah. I am guessing it will never be factory perfect again. At 1 year or 2 years I could accept that. At one month of ownership? Not so much... UPDATE 11/20: Thank you all for sharing your experiences and providing advice. I have been to my doctor and had XRays, MRI, and am scheduled for a CT scan as I'm still in a fair amount of pain that I'm managing with prescriptions. I'm taking care of me and my medical care and have been tracking all costs for that as well as opened a medical claim with the other driver's insurance company. The dilemma is my car. Considering how communicative my insurance claims adjuster has been up until today when she danced around some of my questions, I'm suspicious of what the auto body shop found during the tear down. She said she'll have paperwork for me tomorrow with all the details. So we will see. Part of me wants them to total it so I don't have to haggle about it. The problem is that "total" is so variable if there isn't damage to the actual frame. I don't know yet if there was damage to the frame though I know there was buckling in the body shell. I personally have a problem with that. And quite frankly, don't think it should be on the market, but that's just me. I liked the suggestion of selling the car (if it's not totaled), purchasing another brand new one, and then pursuing the difference. As you can imagine however, I prefer to get that difference before purchasing the vehicle. Based on my mad googling research skills, I believe in addition to the medical claim settlement, I should be able to pursue some of the depreciation of value to the car from the other insurance company because I was not at fault. Based on the limited knowledge I have so far, I doubt my insurance company will help me with the depreciation of value just as they don't get involved with the medical claim. They are only involved with the car repairs portion being a smooth process for me. Even if the car is totaled, my loan will be paid off in full but I will be out money because I put more than $10k/50% of total price down on the vehicle. While I know it's generally frowned upon to put a lot of money into a car like that, I have my reasons. If this accident were my fault, I would accept whatever outcome were to be. This was not my fault though. Thank you so much for validating some of my concerns. I needed that. One last thing, anybody in the know understand what it means when your insurance claims adjuster uses the term, 'qualified damage?' She used that term in communication with me and when I asked her what that meant she said it just meant there was damage and not just a bump. No kidding. So anyway... I'll keep y'all posted. Thank you again.
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Post by lurkingsince2001 on Nov 20, 2014 6:56:12 GMT
I agree with you about wanting a new car. I don't know that I could trust it again, even with all the repairs made. If the buckling is that bad, I'm surprised they haven't written it off as totaled.
I'm certain the stress of dealing with this is making you tense your muscles and making the pain worse. Can you go for a massage? I think you totally deserve one.
Good luck! Sorry I'm not more helpful.
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Deleted
Posts: 0
Aug 18, 2025 21:32:09 GMT
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Post by Deleted on Nov 20, 2014 7:07:16 GMT
Manda, I don't know what your insurance is like in the US but my mom and i were rear ended in a crosswalk (I was stopped behind another car) and the person drove into me at about 50 km/h. We went to the doctor and he prescribed physio and massage for both of us. My mother went for lots of treatments and I mean lots as she really injured herself. You need to get a lawyer on this as well as seeing a doctor about getting physic/chiro/massage/whatever it takes to get your back into shape. You should not be suffering like this without a lot of compensation and medical follow up. We went through this 2 years ago and settled in the spring. My dad acted on our behalf and we got decent settlements from the insurance corporation. We had no BS and although he did have to deal with them what we got was fair. I didn't ask for a new car nor did I need one. If you think you need a new car, you need to speak to your adjustor about it. I know all this takes time but you have to get back to feeling 100% better physically as well as mentally (i.e. feeling safe on the road in a vehicle).
Good luck! I hope you feel better soon. I do know how some of this feels because it did happen to us. It sucks. It really does.
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Deleted
Posts: 0
Aug 18, 2025 21:32:09 GMT
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Post by Deleted on Nov 20, 2014 7:57:42 GMT
What does your insurance company say? Is the damage sufficient for them to consider the car a total loss? Lastly, are you fully insured to cover the total value of the car?
I've had enough cars totaled to never buy one without GAP insurance ever again.
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Post by lucyg on Nov 20, 2014 8:00:40 GMT
I don't have any answers for you but just wanted to say that is sucky luck. I'm sorry.
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Post by manda on Nov 20, 2014 8:22:48 GMT
What does your insurance company say? Is the damage sufficient for them to consider the car a total loss? Lastly, are you fully insured to cover the total value of the car?
I've had enough cars totaled to never buy one without GAP insurance ever again. I have't told them I want a brand new car replacement. But I want to.  This is all ruminating in my head. I haven't heard final cost, but still assume it's less than current car value based on what I've read, regardless of the severity. We'll see...
Based on my understanding, GAP insurance is for when you owe more than the car is valued. Considering I paid a bit more than 50% of purchase price for the vehicle, it wasn't an option to me. I can only assume that is why.Since I was told my insurance only covers/negtiates the repair costs/issues with my current vehicle and all other concerns must be handled through the other insurance company, I haven't done much yet to be honest. I want to be sure I know what I'm speaking about when I speak with the other insurance company. *sigh* This just sucks. Thank you all for your thoughts and suggestions. Also, nice to see you Lizzy.
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michellegb
Pearl Clutcher
Posts: 3,919
Location: New England and loving it!
Jun 26, 2014 0:04:59 GMT
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Post by michellegb on Nov 20, 2014 9:58:33 GMT
That sucks!! It sounds like the frame was damaged/bent in the accident. In my state (Massachusetts), a car is generally totaled when the frame has been bent. From the damage you've described, your new car will not be the same after repair. I hope that you can get this resolved and that you can get a new car. And I hope that you feel better soon.
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gsquaredmom
Pearl Clutcher
Posts: 4,107
Jun 26, 2014 17:43:22 GMT
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Post by gsquaredmom on Nov 20, 2014 10:05:45 GMT
You need a doctor.
And yes you need a lawyer.
Asap
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Post by christine58 on Nov 20, 2014 10:22:13 GMT
You need your insurance company to look at the car. I am betting it will be totaled. Anytime the frame is bent, you have a big issue.. DO NOT do anything--don't get it fixed etc until you talk to your insurance carrier. You can't tell them you want a new car. Get the rental..talk to your insurance carrier and the insurance carrier of the guy who hit you.Oh and get to a doctor.
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Post by papercrafteradvocate on Nov 20, 2014 11:38:47 GMT
Get a lawyer. I was rear ended badly, totalling my gorgeous car and I was left with nothing! I did not break bones, but the pain I had from the force of the crash has lasted 10+ years. After all the doctor bills (I had to pay and then try to get reimbursed) my car being hauled away totaled never to see it again, dealing with all the insurance bullshit, I was left with nothing--in fact I still had to make the payments after it was totaled and gone with nothing to show for it. After that experience I never again will deal with insurance companies without the assistance of someone (lawyer) who knows how the game is played. The insurance companies are all about mitigating THEIR loss--they don't give a shit about the person paying the premiums or victim who was hit.
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Post by Spongemom Scrappants on Nov 20, 2014 11:43:08 GMT
At this point, two simple phone calls right away would take care of much of it. "Hello, repair place? Do NOT do any further work on my car until the insurance adjuster inspects it again." "Hello, insurance company? My car sustained much more damage than was previously noted. Please have an adjuster examine it for re-consideration of whether it is totaled or not."
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Post by elaine on Nov 20, 2014 11:52:37 GMT
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Post by ktdoesntscrap on Nov 20, 2014 12:00:54 GMT
You need a doctor. And yes you need a lawyer. Asap ^^ THis... I am not one to be litigious... but you need advice so you don't get screwed. Insurance companies are going to try and pay the least amount possible. Just having a letter from a lawyer will get you more of what you deserve.
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blue tulip
Pearl Clutcher
Posts: 3,049
Jun 25, 2014 20:53:57 GMT
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Post by blue tulip on Nov 20, 2014 12:03:02 GMT
I agree with the others, stop all work until your insurance company is notified of the more severe damage. at that rate of speed and with buckling, frame damage is pretty much guaranteed. it will probably be totaled out.
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Post by kelbel827 on Nov 20, 2014 12:18:23 GMT
I was hit by a deer. I didn't think the damage was that bad. The insurance company wanted to total it, the body shop said no, it's fixable. It was not a brand new car. A year or two later another deer had tried to hurdle the car long ways when my son was driving it. Second time, no mention of totaling. It got fixed. I didn't know about that totaling part until I went to trade it in. I was told that I had two debilitating accidents and that the car should have been totaled the first time.
Don't go down without a fight. Even if you don't think you have it in you. You have a brand new car. You put a lot into it. FIGHT!!!
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Post by moveablefeast on Nov 20, 2014 13:29:14 GMT
My DH was rear ended 5 weeks ago at a similar rate of speed.
He is still having pain and under the care of a doctor.
His car was not totaled due to frame damage but because the cost to repair was more than the value of the car. The estimate included frame repair. They can repair some extent of frame damage. But the damage was over $12,000 and his older Honda was not worth that much.
I would start by getting a re-estimate based on the additional damage the body shop saw. I would also get to a doctor for care.
But I sympathize - our car wasn't brand new but it was paid off and in excellent mechanical condition and it sucks that someone not paying attention wrecked it.
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Post by cakediva on Nov 20, 2014 13:36:09 GMT
At this point, two simple phone calls right away would take care of much of it. "Hello, repair place? Do NOT do any further work on my car until the insurance adjuster inspects it again." "Hello, insurance company? My car sustained much more damage than was previously noted. Please have an adjuster examine it for re-consideration of whether it is totaled or not." This for sure. I used to work at a collision shop, and in an accident/insurance situation, an insurance adjuster always came out to see the car before we were allowed to work on it. I'd definitely let the shop know you want the adjuster to see it again before any work is done!
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Post by whopea on Nov 20, 2014 13:37:57 GMT
I'm with the rest of the group. Stop work on repair of the car until the full extent of the damage is noted. The unfortunate side of this is (depending on your policy) the car may be totaled, but what you get is an approximation of Blue Book value. Cars depreciate substantially the minute they're driven off the lot, so the car is not worth what you paid for it or anywhere close right now.
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Post by anxiousmom on Nov 20, 2014 13:42:23 GMT
I completely empathize with you...when my ex husband I first married, we bought our first new car. We were in college, so it was a cheap little thing, but it was a big deal for us. We were driving it home from the dealership when we were slammed into on the side from a guy who wasn't paying attention and never even slowed down.
We hadn't even had the car for an hour, and there was already discussion about totaling the the thing.
This was so long ago that probably what was relevant then wouldn't be now, but we very much had the insurance company involved and the dealership (there was actually a question of whether or not they would replace the car because of the lemon laws and the fact that we had it for such a short period of time that it could be considered a bad car.) Because of all that, and the fact that the car wasn't a complete loss, it was repaired (it took about 8 weeks-the repairs were done at the dealership.)
I do know that things moved very slowly until we got an attorney involved. They were available to us through the law school at the college we attended, so it didn't cost us anything, but having that guy on our side made all the difference in the world.
We were, thankfully, unharmed so medical issues were not an issue.
But the attorney talked to us about that as well. He was the one who juggled all the disparate parts and brought them altogether. I would encourage you to consider at the very least talking to one, if only to have them help navigate the issues that come up.
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peppermintpatty
Pearl Clutcher
Refupea #1345
Posts: 4,209
Jun 26, 2014 17:47:08 GMT
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Post by peppermintpatty on Nov 20, 2014 13:46:40 GMT
If there was buckling, it most likely will be totaled. It is VERY possible the frame was bent. If the car cannot be repaired to factory standards (meaning the doors do not line up) then that car should not be driven.
As for your injury, make sure you are filing all of this under PIP. You don't pay a penny and it all goes under your PIP and then they go after the guy who hit you and they have to pay out pain and suffering. I was rear ended and sustained a lot of soft tissue damage because I was leaning over (dh was driving) to get something off the floor by my feet and we were hit so I was thrashed around quite a bit. We have file several PIP claims and I have never had less than 3 times my total medical costs for pain and suffering.
You need to speak to an attorney. Believe me, when they see you have one, they will change their tune.
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Post by Scrappea on Nov 20, 2014 13:49:47 GMT
I'm so sorry that happened to you!
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PrettyInPeank
Pearl Clutcher
Posts: 4,691
Jun 25, 2014 21:31:58 GMT
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Post by PrettyInPeank on Nov 20, 2014 13:54:22 GMT
Me, too! So sorry!
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Post by coaliesquirrel on Nov 20, 2014 13:54:58 GMT
What state are you in? I found out recently when hitting a deer in a 3wk old car that in my state, any loss that is 70% or more of the fair market value of the vehicle MUST be totalled.
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Post by crazy4scraps on Nov 20, 2014 15:20:18 GMT
Yup, get a lawyer. DH was rear ended in my 7 year old car that only had 39K miles on it in a hit and run on the highway. It was totaled. Luckily, DH and his two friends all walked away, but the seat backs of both front seats were broken off and the entire back end was pushed in all the way up to the back window. The guy at the dealership where it was towed told him that the crash was the result of someone hitting them in excess of 125 mph! The person who hit him was never found (DH and his friends saw the cops screaming down the highway--going the WRONG direction!), and we got royally hosed by the insurance company because the car had so few miles on it that they couldn't find a comparable vehicle of the same age to replace it with. I'll say it again: DEFINITELY get a lawyer!
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Post by kristi on Nov 20, 2014 15:52:33 GMT
Many insurance companies let you use your insurance for repairs & they will go after the other party for reimbursement. If the other company is accepting liability, they can waive your deductible.
Most cars can be repaired. Ins companies are looking at the bottom line. If repairs cost $15,000 and a total is $22,000 - they are going to repair it.
You should look into filing a diminished value claim. It can be hard to prove.
Personally, if I had a new car with that kind of damage and the insurance company insisted on fixing it, I would have it repaired & then trade it in for a new one. I would take the difference in value & use that towards a diminished value claim.
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Post by sunnyd on Nov 20, 2014 16:24:54 GMT
What a PITA! I'm in the market for a used car & wanted to throw this thought into the ring so you could push to get it totaled. This is going to devalue your used car when you go to sell it or trade it in. With carfax, everyone knows the history & carfax will show that it was substantially damaged in a wreck. I would only buy a used car that had a clean carfax report. There is no way I'd buy a used car with the report yours is going to carry.  I'm sorry!
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Post by katlaw on Nov 20, 2014 16:29:11 GMT
You should be getting a brand new car. No matter what repairs they do it is impossible to restore your car to what it was before. I would do exactly as this Pea suggested. A co-worker of mine was in a similar situation, her car was about 3 months old and had less than 100 kms on it. They repaired the car and she had to sue for the difference between the value of her car prior to the accident and the value after. It would be a lot easier for you if they wrote it off now and gave you a new one instead of forcing you to go down that road.
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Post by jamielynn on Nov 20, 2014 16:36:08 GMT
I'd absolutely want a brand new car! Talk to the body shop and see what they can do to help you. If for no other reason I think of the trade in value with a title showing a major accident the first 1,000 miles. I hope it works out for you!
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Post by birukitty on Nov 20, 2014 23:01:53 GMT
I'm so sorry this happened to you. I agree with all of the advice of the other Peas, but wanted to throw this out. You seem very concerned about your car and I don't blame you. In the meantime, have you been to see a doctor or to the E.R to be examined? If not, you need to go NOW. Put the thoughts about your car aside for a few minutes and get this done. What it will do is start a paper trail that will prove the extent of the damages that your body has sustained.
You've been rear-ended. It happened to me a few years ago. I ended up having to go for over 6 months to a chiropractor for adjustments. I was in pain because the accident caused whiplash as it almost always does when you are hit at speeds like that. You are not at fault for this accident. The other driver will have to end up paying for all of your medical costs plus extra for your suffering. That will not happen if you don't start the paper trail now. It has to be documented and you have to be examined for that to occur. Don't worry about going to the ER-they are used to people coming in for things like this and they want you to-they have the machines there to x-ray and whatever else has to be done for documentation.
That's my main advice. That and get yourself a lawyer.
Debbie in MD.
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Post by theroadlesstraveledp on Nov 21, 2014 1:22:44 GMT
The fastest way to solve your problem is to get a lawyer. I hope that everything will work out for you!
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