Some 15 year old girl wasn't watching where she was going and rearended me in my mustang. The back is destroyed and the body is crumpled on the drivers side all the way to the rear quarter panel including the sloping roof line. She was at fault and we both have insurance and I am uninjured save a minor neck and back strain.

My question is this....although I have no idea what my insurance or her insurance will say, they may total the car making this a moot point, but if they don't....what are my rights? This is a very nice, very clean very low mileage 05 mustang gt...not a tercel or grand am....the value of this car is forever diminished and I don't want a car that is structurally less sound and more prone to squeaks and rattles a year from now. Does anyone have any experience with this or know how much leverage I have since this accident was 100% NOT MY fault? Thanks guys :-)

 

Post some pics ... from your description I doubt it will be totaled ...

 

there would have to be a lot of damage before they won't fix it. Like 15 to 18k in damage. Contact your ins company they will help you get whats coming to you. Did you get a loaner yet? Make sure you tell them your neck and back hurts even if its just a little. Who are you insured by?

 

In Edmonton she would have gotten a ticket for "undue care and attention" which runs about $450.00. As for the damage to your car I had a simiilar incident in July 2006. The first thing the body shop looks at is too see if the frame is broken. If the frame is intact there is a good chance your mustang is repairable. In my case the other driver paid my insurance company directly for the damage and my deductible was waived.

 

Mustangs are unibody cars - so no frames, per se.

 

This is a very real part of the claim and can be negotiated. A fellow racer had his Lotus Elise backed into. He was successful in collecting cash in addition to repairs for diminished value. The car will now forever have a Carfax record of body damage even if it's not totalled. That affects its value.

 

You don't. Your insurance company has all of the leverage.

I agree on the neck/back strain. You need to make sure that you see a doctor. Her insurance will take care of all of that. A strain as such takes a couple of days before it is felt.

 

I hate insurance companies and everthing they stand for....they only collect money and never have (or care about) the client's best interest. (venting completed)

Ralph is correct. You have to wait and see what the fallout from her insurance says. However, there are a few things that you can "help" your side of the case. I've told my wife time and time again, regardless of how small the accident insist of a medical check...preferably at the scene, but no later than the next day. Document your injury and pain. Yes, insurance pays for the cost, but you can negotiate $ for pain, time, lost wages to go to a doctor, etc.

Also, if you haven't already, line up 2-3 places you want the repairs done. Always assume it will be repaired. Insurance companies make deals with local shops. That's not your problem. You pick where regardless of cost. I've had this happen 3 times dealing with 3 different (their) insurance. Funny how they all try and steer you to their favorite place. Each time I insisted on a certain place and they simply wrote me a check. On that issue, try and get them to write YOU personally the check(s). More times lately, they are reluctant to do this though.

Sorry about the accident; it's a painful part of life unfortunately. Get the police report asap and go over it carefully. The "at fault" person tends to lie when writing their side of the story. Some lady hit my wife from behind, at the scene even stated to she and I that she was "reaching for french fries" at the time. None of that was in her report. Good luck!

 

15? was she by herself? if so thats not old enough to have a licenses in AL..

 

My thought also. She's liable for driving without a license, if a licensed driver was not with her.

 

I may have been exaggerating about age but she was young and couldn't be older than 16. My son is a freshman at HHS and knows her and thinks she is a sophmore and no amount of creativity on the police officers part could make this anything less than her fault. She never even touched her brakes and just slammed into me. the only reason damage wasn't worse is because I saw her in my rearview mirror looking down at her radio, saw she was closing fast so i slammed it in first gear and was able to get sort of moving again but alas was not fast enough.....maybe that's why I need a supercharger.

I did go to the doctor within an hour of the accident because I got REAL stiff and sore all of the sudden so I did have a neck and back strain but I'm sure i'll be fine. My insurance is USAA

But my big concern is my car. My sister was rearended ina brand new car and the insurance would only fix it not total it and her brand new car sounds like a WWII German U-boat....I've never heard so much groaning and creaking from a new (or non GM ) old car in my life and that is not acceptable to me. I didn't cause this and a carfax (if I ever want to get rid of the car, and I doubt that) will adversely affect it's value...anyway

....does anyone know which are the most reputable body shops in Huntsville?

 

I've used Bentley Pontiac and Rod's Custom - had good experiences with both. Had terrible experience with Corlett's Auto on Governor's Drive.

 

not totaled. ray pearman lincoln mercury on sparkman has one heck of a good body person working there, alternately you could take it to woody anderson too....sorry to hear bro. I know it hurts to see your baby in pain like that. good luck to you, and don't use the "I'm sure I'll be fine", my dad said the same thing, he got a herniated disk 6 months later had to have bone from his hip graphed into his neck (I'm not sure how, and also had to have titanium metal used and is now in his neck permanently to repair the problem, cost him several thousand dollars because he didn't say anything at the time.

 

Looks like they'll just replace the damaged panels, I'm pretty sure it's not going to be totalled.

On the back/neck thing, a friend of mine got rear-ended earlier this year and settled with the insurance for the car, but not the injuries until treatment was all over. So he ended up paying up front for the treatment (mostly chiropractic) for a few months, and is now going through a lawyer for reimbursement, etc. Best bet is to talk to your insurance company, since they aren't the ones paying they should give you fair advice. You can always talk to a lawyer too, they usually will give you the consultation free and see if there's really anything they can do for you.

Good luck, hope you and the car come out of this better than before.

 

*grins* Well, with those tires all you would have done is sit and smoke instead of actually move.
I have USAA as well. 19 years.
Well, no. Take it from me.
Cars can be replaced, sold, whatever. You do not want what I am going through.
Well, I don't buy into that stuff. If my cars got totalled (ask me about pictures fo several), it's just a car.
*shrugs*
There are thousands of 2005 GTs for sale.
Well, It has been a long time since I had to have mine fixed, but Bentley Pontiac on Drake (is Mark Smith still manager?) was fantastic.

I also recommend Todd Rowland of Rowland's Rods. He is very meticulous! Tell him Ralph sent you. And take a look at the Cobra he is doing right now.

 

Rod's is where most insurance companies try to coerce you to go. I've had fairly good luck with Ray Pearman's shop.

 

thanks guys...I went to Woody and Ray and both quoted me just over $4000...but in both cases it involves cutting, bondo and body filler and stuff that my car didn't come from the factory with which has at a minimum depreciated the value of my car for future resale or trade in and if I decide to keep it long term, may already be causing me problem....ie the dash is rattling all the time now and it never did that. I assume because of this impact and that's what i don't want. Can I assume that I have no right to demand a similar used 05 GT with 25k miles that has not been smashed? That's kind of what I'm wondering....or am I being too sensitive about owning and driving a car that was in a wreck and has to be bathed in body filler?

 

While we all have opinions, why not call up USAA? They have always been very helpful, patient, and understanding with me. You have already opened a case with them because of this. Plus, they are the only ones to be giving you that type of advice, not us.

 

That's is a real easy fix for a bodyshop ... I had my 1/4 panel replaced also ... my car was $11,000 and they didn't total it ...








Looks good as new now ...

 

short answer: no.
you are under the impression that you should get what you want. i don't mean that facetiously, but you really need to come to the realization that insurance will do what they want and your only "right" is to get a vehicle SIMILAR to the way it was. the repair work will be guaranteed and if you get a rattle or other related problem, take it back. just don't close the case until it is right.