My 16-year old daughter was involved in a car accident two weeks ago (Wednesday the 11th). She was headed home from school, driving in the far-left lane on a road that had three lanes headed westbound. A driver who was seen driving erratically decided to quickly go from the middle lane to the right lane in an attempt to get around traffic. Once that driver noticed a car in front of them making a right into a strip center, she decided to merge back into the middle lane, but did so without looking. She hit the vehicle in the middle lane and pushed that vehicle into my daughter's car (again, in the left lane). The erratic driver admitted fault and was cited. I responded to the scene as quickly as I could and the officer told me that my daughter bore no fault/blame.
Since the moment we got home and contacted our insurance, life has been a complete nightmare. My daughter was driving a 2006 Lexus IS 250. The car was the first one my wife purchased after getting her Master's from UCF. We paid cash for it and we've kept it in pristine condition. It was garage kept for the last two years after we bought a new car, in anticipation that our daughter would be driving soon.
Our insurance company (USAA) seems hell bent on totaling the car. Granted, my daughter's car suffered the worst damage of the three. It needs a new front fender, passenger-side headlight and a new rear fender. There are dents, scrapes, transfer and paint scuffs along the two passenger-side doors and both passenger-side quarter panels. From the one photo we've uploaded to USAA, they've told us that they're more than likely going to total it because, due to the age of the car, the cost of parts will exceed 80% of the cash value. Yet, they won't tell me what value they're ascribing to the vehicle. In order to give me that value, they say they need more pictures. But, they've also told me that if/when I send those additional photos, they can immediately deem it totaled and there's almost nothing I can do at that point (other than purchase the car back at salvage value and then go through the hassle of trying to reinstate a salvage title...which I have NO interest in doing).
My wife and I have looked at comps and we think we know roughly what the value of the car is. That'll be about $6k-$7k. The problem is that I don't want $6k or $7k. I can't do anything with that. I want my daughter's car repaired. That's literally ALL I want. I had the car moved from the tow yard to a body shop that a mechanic friend of mine suggested. The initial estimate there is $10,500. If I take what USAA is going to give me then I'll have to put at least another $10k out to get a decent, safe, reliable car for my daughter. Or, I can foot the bill on the repairs and deal with a car that I know very well and has been taken care of.
Am I just plain screwed here? This seems like such a goddamn farce. Through no fault of her own, my daughter is left without a car and we can't get insurance to cover anything (again, unless I "want" to total the car, which is B.S.).
Some additional context: this is now a medical claim as my daughter was diagnosed with a concussion and is suffering from back and neck pain. She went to the chiropractor last night and we have several more appointments set up. She also has an appointment on Thursday for a follow-up on the concussion.
I'm not a lawyering-up or litigious guy, but I feel like I've hit a dead end here. Any advice you all can give?
Since the moment we got home and contacted our insurance, life has been a complete nightmare. My daughter was driving a 2006 Lexus IS 250. The car was the first one my wife purchased after getting her Master's from UCF. We paid cash for it and we've kept it in pristine condition. It was garage kept for the last two years after we bought a new car, in anticipation that our daughter would be driving soon.
Our insurance company (USAA) seems hell bent on totaling the car. Granted, my daughter's car suffered the worst damage of the three. It needs a new front fender, passenger-side headlight and a new rear fender. There are dents, scrapes, transfer and paint scuffs along the two passenger-side doors and both passenger-side quarter panels. From the one photo we've uploaded to USAA, they've told us that they're more than likely going to total it because, due to the age of the car, the cost of parts will exceed 80% of the cash value. Yet, they won't tell me what value they're ascribing to the vehicle. In order to give me that value, they say they need more pictures. But, they've also told me that if/when I send those additional photos, they can immediately deem it totaled and there's almost nothing I can do at that point (other than purchase the car back at salvage value and then go through the hassle of trying to reinstate a salvage title...which I have NO interest in doing).
My wife and I have looked at comps and we think we know roughly what the value of the car is. That'll be about $6k-$7k. The problem is that I don't want $6k or $7k. I can't do anything with that. I want my daughter's car repaired. That's literally ALL I want. I had the car moved from the tow yard to a body shop that a mechanic friend of mine suggested. The initial estimate there is $10,500. If I take what USAA is going to give me then I'll have to put at least another $10k out to get a decent, safe, reliable car for my daughter. Or, I can foot the bill on the repairs and deal with a car that I know very well and has been taken care of.
Am I just plain screwed here? This seems like such a goddamn farce. Through no fault of her own, my daughter is left without a car and we can't get insurance to cover anything (again, unless I "want" to total the car, which is B.S.).
Some additional context: this is now a medical claim as my daughter was diagnosed with a concussion and is suffering from back and neck pain. She went to the chiropractor last night and we have several more appointments set up. She also has an appointment on Thursday for a follow-up on the concussion.
I'm not a lawyering-up or litigious guy, but I feel like I've hit a dead end here. Any advice you all can give?
