I don't think that one will ever track true. They will have to cut if in half and weld it.

 

Man that sucks and you've just moved to Austin. Texas trucks love to give "love taps", but this was over the top. Take the money and get a Mazdaspeed 3.

 

Carlos - you have the right to take the car to the shop of your choice.

If there's a question about the cost of repair, the insurance company's adjuster will work it out with the shop.

If the other guy's insurance company is slow in responding, you can file a claim with your insurance. They will then collect from the other guy's insurance - that's called subrogation. The potential downside is that if your insurance company has to get its lawyers involved you may not get all of your deductable back. The upside is that if your adjuster is wavering over the settlement (like deciding if it's totaled vs it costing them a nickel less to repair it), you can say "You know, you're going to get this back from the other guy."

Good luck.

Ken

 

Keep us updated. Good luck. Stand your ground.

 

Lawyer is a waste. They will charge you for all sorts of crazy stuff so be careful if you go that route. Their cut is 33%, but usually more. Farmers is pretty good and should work with you but watch out for the low balling, like putting you in a econo rental. I say ditch the lawyer, do some reading and you should be fine. And don't sign any waivers. Sometimes injuries like that don't show up for months. Hope you make a full recovery.

 

This is my area of expertise since I run a chain of emergency medical clinics. The other guy is at fault and you should have everything back the way it was as if the accident never happened. Don't use your insurance company unless obsolutely necessary and don't get an attorney unless they start jearking you around. Most states have a 2 year statute to file against the adverse party so don't rush. If they total your car just add everything up and send them a written demand and tell them that you don't want to get an attorney unless you absolutely have too. Also, only get an attorney that is board certified in personal injury law because that mean he has litigated many cases. Insurance companies know which attorneys go to court and which don't. Also, don't go with the guy with the biggest ad in the yellow pages as they tend to run assembly line operations and will not fight for every penny because they want to turn and burn their cases.

Get you own estimate of the damages from the dealer and go from there. You can force them to give you replacement cost plus any modifications done to the vehicle. Don't forget about future medical expenses, lost wages, diminished value (if not totaled). definately see an orthopedic doctor just to follow up and make sure there are no long term injuries.

 

If you are in Texas I can refer you to someone to talk to that will take care and you can at least talk to him and pick his brain without paying a fee. Also check out www.settlebest.com if you are serious about handling your own claim.

 

Guys,
Thanks for all your comments and feedback.

Healthwise, I start Physical Therapy on Monday since the back/neck pain is still there. I'll take it slow from now on...XRays showed no damage apparently but they want to keep me under observation.

I had involved my car ins company just in case but Farmers called me today and they said the guy admitted being at fault and they take liability on this accident, so they immediately gave me a Rental Car (econo car Toyota Corolla YIKES!!) but I am OK with that. There was an adjuster that took pics of my car yesterday but "nobody knows what company he belongs to".

One of the ladies from Farmers already told that they wanted to move the car to their "total loss" yard so I don't know if this means the car will be totalled or not. On top of this she said, the total loss adjuster will let me know by next week what the amount will be. She even said it won't take more than 1 week to get everything done.

At this point, the car is still mine and need to start getting receipts for all the aftermarket parts. However as we all do here, some of these parts were purchased from a fellow RX8 owner so no receipt. What should I do then? We'll see...

Do they also cover the taxes on the settlement?

I just want what is fair and if the lowball me then at that point I will get my ins. I don't like getting lawyers and this will be my last resource if I have to.

I was there this morning before they took the car from the towing company lot and I gave my respects to my baby. I have mixed feelings... The car protected me but it gave his life doing it.... which I am OK with.

On my way home after picking the "great" rental, I saw my baby in a truck being taken to the total loss yard. What moment..

If everything goes well, next week I'll start looking for another car. At this point I still don't know if I'd get another 8 since I am paranoid now since I used to take my 2 kids(2 and 6 year old) with me for some zoom-zoom fun once in a while. I am so thankful they were not with me when this happened.

I will however stay with Mazda... I am big time loyal... what can I say? MS3? MS6? even CX-7?

Please feel free to provide any feedback....

Carlos

 

Yes.

 

Good thing you dont seem to be so hurt. These new cars and their crumple zones.

I got rear-ended about 6 years ago, so I was 20, I was in a Lincoln Continental (Hey it was cheap, and I was going to school at the time). I didnt get crap from the insurance company, I just didnt handle it right, and didnt get any good advice from anyone. They frustrated me, and and so I took the check to get it over with.

And I still have back problems....

So dont sign off on anything medical, not even when you feel better.

And dont feel sorry for the car, I know people get attached, but thats what its there for. Dont be sad when you look at it, be happy that our engineering has come that far.

Just think, if you were in the type of car I was...... you would be hurting.