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Old Apr 22, 2009 | 02:24 AM
  #41  
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I'm glad you both came out of this OK or at least OK for now.

I think you should hold off on any medical settlement until you both have had time to really heal and are sure there are no long-term ill effects.

The same applies to the car, in a way. Will the dealership honor the warranty or tend to dismiss any new problem as being an unanticipated consequence of the accident?

Seems like getting an attorney that specializes in this is your best recourse.

Good Luck and please keep us posted.
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Old Apr 22, 2009 | 08:21 AM
  #42  
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Originally Posted by Jimmy G.
Get an attorney and sue the truck drivers insurance, the truck driver, the trucking company and the owner of the merchandise he/she was hauling.
Originally Posted by mgtr
I would be looking for a new car, loss of use, medical bills, liability for future medical bills, and pain and suffering. It doesn't hurt to ask!
Originally Posted by JT Metal
There must be someone else to add to the list?
All of you need to grow the **** up. We are all glad they are ok. I was the passenger in my dad's Ford GT when we were clipped and did 3 360s in the middle of the highway at 60 mph, so I know those accidents are scary. I know what it feels like to walk away from a wreck when you could have been killed. But taking advantage of someones mistake is just sick. The truck driver didnt mean to do it. Sure it was their fault and insurance should get a new car and all medical bills and pay for loss of work....but dont go sueing everybody. That is what is ****ed up about our country, people like you. It does hurt to ask. Put yourself in the truck drivers shoes you selfish sons of bitches.
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Old Apr 22, 2009 | 10:32 AM
  #43  
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Sorry for your bad luck. Moving forward: get lawyer & sue; trade-in for best deal; get new car replacement; be thankful it wasn't worse and move on/enjoy life, etc.

Save the Wave
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Old Apr 22, 2009 | 11:59 AM
  #44  
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I would not buy the car, on another note happy to hear you and your Wife are okay.
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Old Apr 22, 2009 | 01:14 PM
  #45  
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Originally Posted by dlh1974
This is a little excessive and a sad testament to the sue-happy society we have become.

I mean, come on, sue the owner of the cargo?

Maybe you are a personal injury lawyer or possibly joking?

As to the OP's question: I would consider buying the car, but I would not pay full value.
I am not joking. Quite often there are multiple insurance policies involved: the driver may have one policy, while the trailer may have another, while the freight in the trailer has a separate policy as well. Determining which insurance policy is going to assume responsibility can be a nightmare, especially if representatives from each of them are pointing fingers either at the other policies or towards the victim.
When you are involved in an accident with a tractor trailer, you must always get an attorney, preferably one that specializes in tractor trailer accidents.

I see that m48xhp on here thinks that I, and a few others, are "selfish sons of bitches" for wanting to stand up and protect our rights, and in this case, the rights of the OP (TexanPride) who "had" a new Corvette, but because of negligence on the part of the truck driver, is now going to get caught in the middle of this insurance fiasco.

If the insurance companies would do the right thing, there would not be a need to sue.

And no....I am not an attorney.
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Old Apr 22, 2009 | 01:25 PM
  #46  
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[QUOTE
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Old Apr 22, 2009 | 01:28 PM
  #47  
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I AM an attorney, and I can tell you that suing everyone in sight is a lousy way to go about this.

First, as for diminished value, those claims are always tough to figure out. What is a damaged car worth? Since the damage was cosmetic only, and not structural, proving diminished value will be exceedingly difficult.

Second, as for what the insurance company is offering, I reject that out of hand. The accident is too fresh to even begin to put a value on the medical expenses, etc. They are simply trying to get a quick settlement so as to cap their exposure.

Third, the OP's insurance company should be seeking reimbursement from the truck driver's carrier so as to limit the assessment against the OP's policy for a claim payout - those lead to non-renewals going forward and higher premiums if they keep the coverage.

Fourth, the "right thing" is hardly ever what people want it to be. According to some in here, the right thing would be for multiple insurance companies to start writing checks left and right to the OP for every conceivable wrong, regardless of actual injury or damage. I don't agree. Should the Vette be repaired to its pre-crash standard? Absolutely. Should the OP's medical bills, etc. be paid? Absolutely. Beyond that, I don't believe in the dialing-for-dollars legal profession that many of my colleagues utilize.
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Old Apr 22, 2009 | 01:32 PM
  #48  
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Originally Posted by johnodrake
PM member iridelow. He had almost exactly the same experience last year on the way to the Bash. He may have some good insights.
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Old Apr 22, 2009 | 03:44 PM
  #49  
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I wouldn't touch the car unless it was FREE. Get an attorney. You are due compensation for DV and for the injuries, as well as potential future issues;both yours and the cars.

Good luck!
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Old Apr 22, 2009 | 04:38 PM
  #50  
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Originally Posted by MNVette
I AM an attorney, and I can tell you that suing everyone in sight is a lousy way to go about this.

First, as for diminished value, those claims are always tough to figure out. What is a damaged car worth? Since the damage was cosmetic only, and not structural, proving diminished value will be exceedingly difficult.

Second, as for what the insurance company is offering, I reject that out of hand. The accident is too fresh to even begin to put a value on the medical expenses, etc. They are simply trying to get a quick settlement so as to cap their exposure.

Third, the OP's insurance company should be seeking reimbursement from the truck driver's carrier so as to limit the assessment against the OP's policy for a claim payout - those lead to non-renewals going forward and higher premiums if they keep the coverage.

Fourth, the "right thing" is hardly ever what people want it to be. According to some in here, the right thing would be for multiple insurance companies to start writing checks left and right to the OP for every conceivable wrong, regardless of actual injury or damage. I don't agree. Should the Vette be repaired to its pre-crash standard? Absolutely. Should the OP's medical bills, etc. be paid? Absolutely. Beyond that, I don't believe in the dialing-for-dollars legal profession that many of my colleagues utilize.
From a fellow attorney, the above is the right answer!! Its funny, everyone gripes about SOB lawyers until they're in a mess, then they want the meanest SOB they can find to represent them. The OP deserves to be made whole - nothing more. If that involves a diminshed value claim, so be it but he should neither lose money nor be advantaged in any way. This isn't a case involving a willful act with ill intent, its an accident.
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Old Apr 22, 2009 | 05:07 PM
  #51  
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Even thought there might not be any structural damage to the car, but when it comes time to sell the car, you won't be getting the value you want for the car. Car appraisers can feel the edges of your repainted parts and know right away it has been repaired. You can try this for yourself by feeling the edge of a new body panel ( side of the door), then feel the edge of a repaired panel. You feel the difference right away, because the edges on the new panel are smooth and the repainted panels are rough. Even thought it might be a simple repair from a rock chip. The car appraiser will just think you had a major accident. They base their adjustment from actual examinations and not solely dependant on car fax. Another thing about carfax is that you might have minor rear end accident, but on carfax it just says you been in an accident. Carfax doesn't mention the type or severity of the accident. Buyers will be scared away just from seeing that you had an accident on carfax.
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Old Apr 22, 2009 | 06:19 PM
  #52  
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you should talk to insurance company and ask i know if my vette is damage at that amount and milage they would buy me a new vette i have a 2 years on that with my policy also my bank where i received the loan if the car was damaged over 5k and that low of milage i would get a new vette it cost me 150.00 a year for this addition
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Old Apr 22, 2009 | 07:17 PM
  #53  
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Glad you two are ok. -- I would have called an attorney the very next day. At the latest, the first day you felt physical discomfort.
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Old Apr 22, 2009 | 07:28 PM
  #54  
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Car is worth less now, thats a definite, so lawyer up. Insurance companies LOVE to make things difficult.
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Old Apr 22, 2009 | 08:05 PM
  #55  
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I just settled with a INS claim on my Jeep.

I thought that DV would not hold up unless you actually sell the car?
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Old Apr 22, 2009 | 08:19 PM
  #56  
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Originally Posted by Jimmy G.
I am not joking. Quite often there are multiple insurance policies involved: the driver may have one policy, while the trailer may have another, while the freight in the trailer has a separate policy as well. Determining which insurance policy is going to assume responsibility can be a nightmare, especially if representatives from each of them are pointing fingers either at the other policies or towards the victim.
When you are involved in an accident with a tractor trailer, you must always get an attorney, preferably one that specializes in tractor trailer accidents.

I see that m48xhp on here thinks that I, and a few others, are "selfish sons of bitches" for wanting to stand up and protect our rights, and in this case, the rights of the OP (TexanPride) who "had" a new Corvette, but because of negligence on the part of the truck driver, is now going to get caught in the middle of this insurance fiasco.

If the insurance companies would do the right thing, there would not be a need to sue.

And no....I am not an attorney.
Well, your first post sounded like you were a sue-happy jackass. I work for a trucking company, so I understand the liabilities you speak of. If your feelings truly are that the OP get his lost value, medical bills, other costs, and hopefully an apology and that is it then I aplogize for including you in my comment.

But the other guy that said "pain and suffering. it doesnt hurt to ask" is just plain bull-****.

Originally Posted by MNVette
I AM an attorney, and I can tell you that suing everyone in sight is a lousy way to go about this.

First, as for diminished value, those claims are always tough to figure out. What is a damaged car worth? Since the damage was cosmetic only, and not structural, proving diminished value will be exceedingly difficult.

Second, as for what the insurance company is offering, I reject that out of hand. The accident is too fresh to even begin to put a value on the medical expenses, etc. They are simply trying to get a quick settlement so as to cap their exposure.

Third, the OP's insurance company should be seeking reimbursement from the truck driver's carrier so as to limit the assessment against the OP's policy for a claim payout - those lead to non-renewals going forward and higher premiums if they keep the coverage.

Fourth, the "right thing" is hardly ever what people want it to be. According to some in here, the right thing would be for multiple insurance companies to start writing checks left and right to the OP for every conceivable wrong, regardless of actual injury or damage. I don't agree. Should the Vette be repaired to its pre-crash standard? Absolutely. Should the OP's medical bills, etc. be paid? Absolutely. Beyond that, I don't believe in the dialing-for-dollars legal profession that many of my colleagues utilize.
Originally Posted by BillH2121
From a fellow attorney, the above is the right answer!! Its funny, everyone gripes about SOB lawyers until they're in a mess, then they want the meanest SOB they can find to represent them. The OP deserves to be made whole - nothing more. If that involves a diminshed value claim, so be it but he should neither lose money nor be advantaged in any way. This isn't a case involving a willful act with ill intent, its an accident.
Thanks guys. Glad the attorneys here post the most honorable comments.
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Old Apr 22, 2009 | 09:22 PM
  #57  
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Sorry to hear what happened to you and your wife, but glad to hear you guys are ok. I would definitley not buy any car after its been wrecked. Too many problems that could lie within that go overlooked. I would get an attorney and fight til you and your wife get what you ask for. You should most definitely be compensated for the diminished value on your vette. IMO the car is worth 50% less than when you first purchased it. Good luck with this. Hope it all works out
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Old Apr 22, 2009 | 10:28 PM
  #58  
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Glad everyone is OK!

With less than 1,000 miles on the Vette, I would be looking for a new Corvette at the expense of the Insurance company. I would not be out to GET the insurance company, but I would want to get what would make me whole again. Future medical problems are always a concern. I have experience in that area.

I would not buy a wrecked Corvette unless I planned on a total resortation and then only if it was real cheap!

I would not buy your Vette, sorry!

Last edited by Bixby Bandit; Apr 22, 2009 at 10:29 PM. Reason: addition
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Old Apr 22, 2009 | 10:32 PM
  #59  
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Congrats on being alive! Make them replace the car...I wouldn't buy any car with major damage.
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