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Discussion Starter #1 (Edited)
Hi Folks,

It happened 9:10 this morning. I was south bound on San Tomas and I had the green light. No car stopped for red so I proceeded on the left lane.

A blur of white and we collided. The lady ran her red light from my left. I hit her white Blazer on the passenger side mid-section. She flipped on her side and skided through 4 lanes. We rolled her car on the wheels and helped her out of the car. She suffered chest and wrist injuries, and some deep cuts. I walked away with no injuries (Stanford Trauma Center ran x-rays and CT scans), just soreness around the rib cage and right chest area. Thanks the lord that the M5 is strong. ALL my airbags deployed. Since she came from my left, if I had been 7 feet further into the intersection, she'd T-bone me on the driver's side. She probably was going at 50-60 MPH. It'd be real ugly if she hit me broadside.

I have a few questions on insurance. This is my first experience in these matters. All State (they insure me) told me that they will pay me for my M5 per their pricing data. I don't know if in CA, I can even go after the other driver's insurance directly. But I had a hunch that All State may not cover all my mods, extended warranty, and the excellent conditions of my car. In addition, they did not mention time loss, pain and suffereing, and or waiver considerations not to file future suits.

Should I just deal with All State, or should I take a stab and work with the lady's insurance, assuming she is insured?

Thanks for the education.

Here are 4 Pics.

CP
 

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Holy smokes Pong! Thank God you're ok... And after you just cleaned and waxed the M5 too! Hope to still see you tomorrow...
Mike
 

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so sorry, glad you're o.k. have not been thru a similar experience w/insurance, and I imagine CA has more than a few state-specific idiosyncrasies. I'm sure other members will chime in.
 

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I don't have any real exp with this as far as insurance either, but I'm thinking if YOUR insurance is offering to pay you, they'll probably go after the lady's insurance, hoping to make some profit from it. I'd assume her insurance would pay you.
Mike
 

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WOW :eek: ! Glad to see everyone was ok! a real shame to see the beast in that condition.. hope it all gets resolved quickly.
 

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I am really sorry about the accident. When my wife was hit on the side (not her fault), our insurance company, Amica, went after the guy's insurance and they paid everything. The whole process took about 3 months. That's the only experience I have with our auto insurance company and I don't think our preminum went up because of the accident.

I am really glad you are ok.
 

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Jeez! That's awful. Very happy that you're ok.
 

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Bam~ glad to hear you're ok. Looks like one heck of a collision
 

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Glad to hear you are ok.

Based on the severity of the accident, I would get an attorney.. As far as pain and suffering goes, you are entitled to 3 times your medical.

I was run off the road by a pizza delivery guy while I was on a motorcycle. The guy took off and my buddy chased him down and caught him. I dealt with his inurance company myself and it did in fact work out well for me but it was time consuming. I told them basicly that if I did not get what I wanted, they would pay my medical and not my insurance company and I would also turn it over to an attorney.. What ever I thought I wanted, I jacked it up thinking they would negotiate me down.

In the end, they paid me for my totaled bike, let me keep it which in reality cost me a couple grand to fix and they gave me several thousand for it and did not report it as a salvage.. Paid for all new gear and let me keep my old gear so long as I gave them somthing.. I gave them dirt bike boots instead of my nice street boots. They gave me another several thousand in shut up money which they deemed as pain and suffering. In the end I had to sign a hold harmless.

Like I said it worked out well. The flip side is that an attorney will yield you much more in this instance. If your MRI and CT alone cost say $10,000, you should be entitled to around $30,000. As for the car, what your insurance will do verses what there insurance is obligated to do are 2 totally different things. You insurance company possibility will not cover upgrades as this would be within the limitations of your comprehensive coverage however the other persons company has to take those things plus vehical condition into consideration when setteling the claim as it is part of the collision/liabilty portion of this other persons policy and not your comprehensive.
 

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Not sure if the law is different in CA, (and don't know why it should be), but I doubt that your insurance will pay UNLESS the person who hit you doesn't have insurance. Hence you'll have to inform her insurance what extras were on your car which increased its value. Since she was at fault, they may well add money to the 'Blue Book' value of your car in the hope that you don't pursue litigation.

Glad you're OK. You'll be more sore tomorrow so expect that. Also, sometimes a hairline fracture or a severe sprain will not express itself immediately. Don't feel bad about another E.R. visit if you begin to feel much worse than you do today.
Take care,
Bish
 

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Very happy to hear that you are okay and her injuries are not major. I am very sorry to see that the M5 was totaled and I won't get to see her tomorrow.


SCORPIO
 

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Sorry to hear this, but your alright thank god.

I have had to go through a legal process with the same company. I was in pain as I suspect you will be tomorrow, and had to take time off work and get advice from my doctor friend on what kinds of excercising i can do at home for the back pain.

My insurance company reimbursed me for all expenses for fixing the car. They have a system whereby they get reimbursed from the other person's insurance company. But I sued the other driver's insurance company for the car rental (you can rent a replacement car now), the vacation time taken (10 days), additional parts on the car plus contents, plus doctors fees and a couple thousand to shut me up. I won in arbitration and made them pay those fees. As soon as her insurance company see's the accident report (ussually 10 days from now) they will know a case is coming. They may play hardball with you and demand to pay only the bluebook cost of the car, thus forcing you to get an attorney and give up 1/3 of the settlement.

My advice would be to determine a fair price for the car and try to settle without going though the legal system, don't make any statements as to your health (wait to see how you feel in the coming days), and get a equivlent rental car if you need one. BTW--you don't get pain and suffering unless your seeing a doctor and he/she thinks that is what you are going through.
 

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Holy Carp! Sorry to hear it Pong...I'm glad you're O.K.

That's two M5's in two days in the south bay...

Make sure to take care of yourself physically. If you feel any pain whatsoever, get yourself in to see a doc. Don't take any chances. Cars can be replaced, you can't...

I don't know about insurance paying for mod's, but If you've got receipts for everything, try for full replacement value.

Hang in there!
 

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Discussion Starter #14
Hi All,

Thanks for the kind words and the sound advice.

I have a follow up examination with my own doctor on Monday. I also spoke with the lady's husband and glad to hear that while she suffered a craked rib and cuts, she was otherwise ok. They are also insured. He didn't even ask for my insurance info.

It'll be a hassle one way or another.

Thanks again. That's why I love this board. You guys are great.

CP
 

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Moment of silence for the loss of a sweet M5 with lots of goodies. Very glad to hear you are okay.

Now, lawyer time. See private mail.
 

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chunpng said:
Hi Folks,

It happened 9:10 this morning. I was south bound on San Tomas and I had the green light. No car stopped for red so I proceeded on the left lane.

A blur of white and we collided. The lady ran her red light from my left. I hit her white Blazer on the passenger side mid-section. She flipped on her side and skided through 4 lanes. We rolled her car on the wheels and helped her out of the car. She suffered chest and wrist injuries, and some deep cuts. I walked away with no injuries (Stanford Trauma Center ran x-rays and CT scans), just soreness around the rib cage and right chest area. Thanks the lord that the M5 is strong. ALL my airbags deployed. Since she came from my left, if I had been 15 feet further into the intersection, she'd T-bone me on the passenger. She probably was going at 50-60 MPH. It'd be real ugly if she hit me broadside.

I have a few questions on insurance. This is my first experience in these matters. All State (they insure me) told me that they will pay me for my M5 per their pricing data. I don't know if in CA, I can even go after the other driver's insurance directly. But I had a hunch that All State may not cover all my mods, extended warranty, and the excellent conditions of my car. In addition, they did not mention time loss, pain and suffereing, and or waiver considerations not to file future suits.

Should I just deal with All State, or should I take a stab and work with the lady's insurance, assuming she is insured?

Thanks for the education.

Here are 4 Pics.

CP
Pong:

1st of all ... Thank goodness that YOU are OKAY. Tomorrow you may find that yo8u're feeling a lot more stiff and sore than you first you thought.

Now for Insurance ... I had a similar accident here in Los Angeles and Other than NOT having the use of my M5 for almost 3 ... almost 4 months ... I came out A-okay. I insisted ... No I demanded that ALL ... 100% of all parts that need to be replaced are replaced with 100% Brand New BMW PARTS!!!

You'll find that most insurance policies have this "Like Kind" or "Like Quality" replacement parts buried DEEP into the fine print of the policy and most peeps never read it. I'm sure after this accident you will!!!

Where did you take your car after the accident? Eventough, MOST BMW dealerships do not have their own body shop ... Hopefully you still had your Bimmer towed to your BMW Dealership. From there it can be flat-racked to whatever body shop you choose.

Why you should've had it flat-racked to the dearlership is because ... MOST people after an accident like the one you just had do NOT have the presents of mind to be thinking clearly and alls that move does is you some time to get some answers. If you had flat-racked to an unfamilar Body Shop that was recommended by the Insurance company ... That is usually your worst option. Those Body Shops work hand in hand with that specific insurance company and they usually do NOT have best interest in mind !!!

In my case ... The originial estimate was between $6-$7K ... the final cost was just shy of $33,000. ... and there was No suspension, No Glass Breakage, No Engine or Mechanical Damage.

By the looks of your car ... and depending on its age and mileage ... It might be a Total Loss.

If you need some help ... email me and we'll talk it.
 

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Geez oh man! Sorry to hear about the mishap but glad that you're safe and that the other driver sustained minor injuries.

Regarding insurance. I also have Allstate and when I queried them about the insurance covering aftermarket mods and they told me that my policy does cover aftermarket mods as long as I can document that they were on my car at the time of any mishap.

Now, I'm in Maryland and you're in California and there may be a difference between Allstate policies between the states, but you should at least ask.

Jeff :cheers:
 

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x703jko said:
Geez oh man! Sorry to hear about the mishap but glad that you're safe and that the other driver sustained minor injuries.

Regarding insurance. I also have Allstate and when I queried them about the insurance covering aftermarket mods and they told me that my policy does cover aftermarket mods as long as I can document that they were on my car at the time of any mishap.

Now, I'm in Maryland and you're in California and there may be a difference between Allstate policies between the states, but you should at least ask.

Jeff :cheers:

One thing I mentioned to Pong in my private message, which is useful information for everyone, is that you don't have a contractual relationship with the other insurance company. They have to compensate you for all of you damage, e.g. market value of the car. You can use everything at your disposal to establish that (classified ads, receipts, etc.).
 

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Wow - glad to hear you are OK!

You should also look into depreciated value. The car repaired will be worth less because of the accident than it was before. That is assuming its not totaled which it very well may be a total loss.
 

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On the bright side, if you can call it that, at least you weren't driving the RUF today! :cheers:
Mike
 
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