Is it totalled?

Had a tire fly off a comercial vehicle and hit my baby... would you say it's totaled? Their insurance company is trying to fix it... I don't think it will be as safe anymore..

 

How about a couple with the doors closed? It's repairable, and would be safe, but I'm not sure it makes sense financially to repair it. It's a quarter/dogleg and complete door (can't be skinned, but maybe the handle is ok), frame machine time (to pull the structural/body). Can't tell if the rocker or roof have damage, but probably the roof.

What year is the vehicle, how many miles? Any other damage?

 

Why would it not be safe?

Looks like a quarter panel and door.

But it being a 2014 depends on the insurance cut off for totaling a vehicle.

 

Ouch… hope everyone is ok. Anything can be fixed with enough money. The bigger issue you have is the diminished value. That type of damage is going to show up on CarFax and it won’t be minor. The resale value is going to go way down. Push for it to be totaled especially If they say anything about the frame needing to be repaired.

Also just so you know you can make a claim on your insurance to make sure your protected (assuming you have a good company) and your insurance will go after them for reimbursement for what they put out. Also don’t think not calling your insurance company will keep them from knowing about it as all of them tell each other what’s going on.

 

@San Angelo is right. If you carry "full coverage" (collision), you can go through your own insurance. Your insurance carrier is contractually obligated as a first-party provider, to "deduct" from any amount they pay, your deductible. If you have a deductible, it means that $500 or $1000 (or whatever $) will be "deducted" from any repair or total loss pay out. If you incur rental expenses, and do not carry first-party (through your own carrier) rental coverage you will likely have to pay out-of-pocket. Yes, the other carrier will reimburse you, as they likely owe your reasonable transportation while your vehicle gets repair or is unavailable to you, but that may not come up front. You may have to wait for the claim to settle, or be complete, prior to being reimbursed for your deductible (many companies will cut you a reimbursement check for this right away, but not all) and the rental may have to be paid out-of-pocket first, which could be costly to you.

Best, if liability is clear, have the other carrier handle the claim.

 

Do this if at all possible. Otherwise, your insurance may drop you for making a claim... I'm talking to you, State Farm.

Wheels coming off is a thing lately. I narrowly dodged one a couple weeks ago. It hit the Silverado next to me. One killed a motorcyclist just this week. Glad you're okay.

 

It doesn’t work that way. You can’t hide a claim from your own company. They will know about it. They all share the same DB on claims.

if you have a good agent they will tell you the same thing and explain why.

 

If you can push to get it totaled, I would. The reason is that getting door opening rebuilt and the new door aligned is nearly-impossible task. That door will always leak, rust, and whistle on the highway.

 

Of course their insurance company is trying to "fix it". Seeing as how your family could be posting about you from the mortuary after you being hit by a tire flying off a commercial vehicle, I don't see where having them replace your ruined vehicle with a new one is too much to ask.

I know we all see those constant ads by lawyers claiming to "get you what you deserve" in a trucking accident...this actually seems appropriate if the trucking company balks at replacing your vehicle.

 

Why the hell do some recommended having the other insurance co take care of it? You are not their customer and they are not looking out for you. Make YOUR insurance company do their job. Its what you pay them for not just to cut checks.

I have State Farm and they will not drop you like said above.

State Farm did everything for my on my Tundra when some dumb ass tried to turn right from the left lane in front of me. Other insurance Co tried to pay only partial for my tow and shit. State Farm told them to go pound sand.

 

You're right. But also I had state farm and was hit by someone with state farm. They did everything in their power to not pay. That's why I no longer use low tier insurers like state farm

 

Have you seen the repair estimate? If they're replacing the door, quarter panel, and door sill, then side-impact and rollover strength is not affected.

 

Because your insurer is contractually obligated to pay (only) based on the contract. The third-party insurer can be made to pay MORE, depending on your coverages.

 

It’s toast. Sorry to see.

 

Hire a lawyer, tell them about your neck and back pains that you are having since the accident.

 

FUUUUUUUUUU*!

 

I didn't see the OP post about that. Hope that's not a gentle nudge to open a fraudulent injury claim, which all rate payers end up paying through raised premiums.

 

you never know what injuries pop up days later

 

And deal with the jerking you around? I've dealt with that bull shit when my other half got into an accident when we weren't married. They will drag it out not worth it.

I'm not looking to make a profit. Just want my shit fixed.

 

I've had the opposite experience with State Farm, with a first-party (collision) claim. I've also worked as a claims adjuster, and understand the holes in the contract(s).

 

This is exactly the situation for lawyers. OP mentioned a tire came off a commercial vehicle, but it looks like damage from entire wheel/tire that came off.

Wheels don’t just come off. In just about every situation I can think of, it boils down to poor maintenance and inspection practices. Usually the cause of poor maintenance comes down to commercial operations that don’t take enough responsibility for keeping their vehicles roadworthy. Laws can be insufficient with some of these operators if they calculate fines as less expensive than running a safer operation.

A loose wheel rolling and bouncing down the road at highway speeds is insanely deadly. Getting rabid lawyers involved in situations like this not about greed, it’s a freakin public service if you ask me lol.

I’m not sure the NTSB keeps track of these types of incidents, but it might be worth checking if it’s something that should be reported.

 

Maybe its the agent or whatever but I've had them since I started driving.

They do everything for me.

I paid the repair shop my deductible and they reimbursed me.

Not sure if it helps but I have home owners, umbrella, (3) cars, boat, (4) different life insurances through them.

 

You get what you pay for. Most people look at price only

 

I'd like to know what you consider higher tiers.

State Farm is not exactly what I would say cheap.

 

OP, I’m glad you and your family are ok. To answer your question, it can likely be repaired. That doesn’t mean it should, or you should agree to just that. But that might be the only settlement possible. If that’s the case, and depending on the law in your state, you should explore depreciation as part of the settlement. It’s possible that factoring in the depreciation, along with the repairs, will put the final number over the percentage that will trigger them to total it.
My son was driving on the interstate a couple of years ago when traffic stopped, and an 18 wheeler jackknifed behind him, slamming into him and 3 other vehicles. He was in a 2001Tacoma Prerunner TRD. It was totaled and he sustained minor injuries. As someone mentioned above, I pay my insurance company to do their job so I made a claim. My insurance company negotiated a settlement with the trucking company’s insurance company. It took several months and me being detailed (the insurance folks have no idea what TRD means or what to compare a unicorn like that with), and at the same time reasonable, for us to reach a settlement.
And I will never buy insurance from a company with “state” in their name. Good luck and glad nobody was hurt.

 

Thank you guys, you've been most helpful. I just signed the release to have them dismantle the vehicle so the adjustment agent from my insurance can confirm what he suspected to be a total out. I had to activate my insurance "progressive" because there insurance was giving me the runaround.

I pay a premium and they treat me well. They jumped on it and things look like they are heading in the correct direction.

I do construction and use that vehicle for work. They put me out of work for almost 2 months, should I be speaking to a lawyer about this?

(My family and i are fine luckily I was the only person in the 4runner, and it hit on the opposite side since I was in the driver seat)

 

Try to find a reputable attorney, one who doesn't charge just to talk to him or her. You should get any out of pocket expenses, diminished value of your truck and any lost wages. Their insurance should cover everything .

 

If they do repair it there is no reason it will not be safe. It doesn't look like there is any frame damage or any indication the SRS system kicked in.

 

What kind of reputable attorney has the time to chat without charging anything?

 

An honest attorney, there are a few out there. A good lawyer won't charge for the initial consultation.