I got hit! Out of town accident - what now?

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lcgeek

Glad to meet you!
Joined
Dec 26, 2005
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1,164
Location
Goodyear, AZ
Well, after 3 wonderful days vacationing in Long Beach, CA while escaping 115 degree heat of Phoenix, we set out on our journey back home yesterday. With my wife, and two children on board, we left the hotel parking lot, and made it a full block when a fellow in a Toyota Camry ran a red light and plowed into us. We were traveling approx 25 mph, and I am guessing he was doing that or more.

It all happened so fast. All I remember is that a car was right out my driver side window in a place it shouldn't be...and Oh Nooo! In a last second evasive reaction I cranked the wheel hard right, but alas he struck...BAM!

I immediately looked to see that my family was alright, and they were...thanks to the tough Lexus and the ARB on front. Fortunately, the other guy was not hurt either.

I think the main blow to the Lexus was to the side of the ARB and the wheel/tire. The ARB did it's job, but is now damaged on left corner. Also damanged is the wheel assembly, front panel, and door has some slight damage but mainly paint...and who knows what else might be damanged underneath.

The truck is now undriveable in Long Beach, sitting in the Police lot. We rented a car and had to return to Phoenix due to other obligations.

What now?

The other fellow admitted fault and it was written up in a police report. Assuming his insurance is real, what is the best way to deal with this thing being that I am in Phoenix now and can't really be flying over the Long Beach to take care of things?


How can I ensure that work is done by Lexus and not some mom and pop mechanic or auto/body?

Any advice appreciated!! Thanks. JT
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I would see if the insurance company would go for having the mechanical repairs done by a Lexus dealer in Long Beach to get it home and when it is fixed, drive it home and have the body work and any other repair work done in Phoenix.

I got hit by a DUI illegal alien in Leadville Co. Got it partially fixed there, drove it home and had the rest of the repair work done. Fortunately, the illegal had Progressive Insurance, unfortunately for awhile, they chose to believe his version of events even though he got arrested for DUI. After I obtained the police reports placing him at fault, provided them to my insurance company and my insurance company and progressive got into it, only then did Progressive completely repair my vehicle. I hope you don't have to deal with Progressive, they like to fight and draw it out hoping you will give up or sign off on a smaller settlement.

Good luck.
 
Don't forget to save your receipts for the rental car company to claim re-imbursement. If you have a local person in Phoenix you would prefer do the work, I would insist on the car being transported to Phoenix (via transport) to have the repairs done.

As with most accidents, you'll probably have to fight the insurance company. Just be sure not to sign anything in haste, to ensure all problems have been found on the car. You may want to get 2-3 estimates to ensure they all match up on the work needed, and personally I would insist on picking the shops that you get quotes from, and not be pushed into going to a shop the insurance picks. You should inform your insurance, because if he had fake insurance, you'll have to claim against "uninusred motorist." Even if he had insurance, some states/policies require you inform your own insurance of an accident, even if it is not your fault.

Lastly, if you aren't comfortable you are being treated fairly, you can always speak to an attorney.
 
Sounds like it will have to get flat bedded back home eventually, either before or after repairs. If that is the case, have it fixed locally. Find a shop you like and trust and have them do all the work.
 
fortunately, there are a ton of cruiserheads in the L.A. area, so you should be able to get some advice and help. Put a post in the Socal80s forum if you need help.

sorry to read of your predicament. No fun!.
 
Glad everone is OK and good thing you were in the LX. There is no reason that should have to stay in CA to be fixed. If you haven't already, call your insurance company and ask what they recommend.

Did the airbags deploy?
 
glad to hear everyone is ok. Now go hire an Attorney.
I have been screwed in three accidents. Go get an attorney and don't tell the other insurance company a damn thing. Insist on on Lexus parts, and No aftermarket. they have to comply. They got me on that the first two times, not the third. If I were you, I would have it shipped home and repaired there. Not for any other reason than if something else goes wrong and you need to take it back, since it would a different shop and they will have to reopen the claim you will have to wait for yet another adjuster to come back out and authorize the additional repairs. Best of Luck, but higher an attorney, the insurance companies get paid to not pay you!!!!!!!!!!!!!!!!!! and most adjusters nowadays are contracted third party idiots, who use a computer system to tell them what everything should cost. Let the Lawyers and Mechanics fight over the pay, just get it fixed. Also, you should get your back checked for whiplash and other damage. My first accident didn't end up hurting for weeks, then all of a sudden i couldn't move and they denied my initial claim for not goingto the doctor right away.
 
Glad everone is OK and good thing you were in the LX. There is no reason that should have to stay in CA to be fixed. If you haven't already, call your insurance company and ask what they recommend.

Did the airbags deploy?


Nope, no airbags deployed. I can understand why mine did not since the brunt of the blow was from the side...but I was surprised that his aibags did not deploy.

Thanks for all the suggestions...
 
Yikes, almost being t-boned....
Glad to see you're all OK and that the truck took it "reasonably" well.

I fully agree with justimaginejack in most, even though I would not say that all companies are paid not to pay you. They have a weird feduciary split role in both providing you with services, as well as keeping payment on claims low so the rates for all others are "low"... In situations like this, it pays off to have a good relationsship with your local agent. I go see ours for an annual "insurance review" at least yearly. Other times just stop in for a cup of coffee.

But, get the car flatbedded home to AZ. I would not want to have any repairs done, especially not with the ARB, in a shop where I cannot be there and sort of verify the work done. Cause if you're not happy, Long Beach is a long ways out to complain. And, I would guess that there is a chance that repairs rates might be a tad lower in AZ than in CA, therefore also helping the insurance company.
 
Yikes, almost being t-boned....
Glad to see you're all OK and that the truck took it "reasonably" well.

I fully agree with justimaginejack in most, even though I would not say that all companies are paid not to pay you. They have a weird feduciary split role in both providing you with services, as well as keeping payment on claims low so the rates for all others are "low"... In situations like this, it pays off to have a good relationsship with your local agent. I go see ours for an annual "insurance review" at least yearly. Other times just stop in for a cup of coffee.

But, get the car flatbedded home to AZ. I would not want to have any repairs done, especially not with the ARB, in a shop where I cannot be there and sort of verify the work done. Cause if you're not happy, Long Beach is a long ways out to complain. And, I would guess that there is a chance that repairs rates might be a tad lower in AZ than in CA, therefore also helping the insurance company.

These are good points, I didn't think about flat bedding it. Get it home and then you have control over what happens with it, and if it is not repaired to your satisfaction both mechanicaly and body shop, you are dealing with a local business.

I am a firm believer that if at all possible you should try do business with a local establishment so you can walk in the front door and have face to face contact to resolve your problem. Lot less chance of getting screwed.
 
These are good points, I didn't think about flat bedding it. Get it home and then you have control over what happens with it, and if it is not repaired to your satisfaction both mechanicaly and body shop, you are dealing with a local business.

I am a firm believer that if at all possible you should try do business with a local establishment so you can walk in the front door and have face to face contact to resolve your problem. Lot less chance of getting screwed.


It sounds like talking to an attorney is great advice. I suppose by nature (and I don't know exactly why) I tend to avoid dealing with lawyers. Then again, have not had much reason to use one other than a will and estate planning. Using a lawyer here, there would be peace of mind of knowing that you have a third party representing "you" and giving sound advice on what to do/what not to do.

For example, flatbedding it home sounds great. After I fork out the money to have it moved home, how do you know for sure that insurance would cover it? I bet an experienced lawyer would know.

I spoke to the other guys insurance today and as expected, the run-a-round started. They said it would take 3-4 weeks before they could even get a police report to establish liability...thus they are not paying or agreeing to pay for anything for 3-4 weeks minimum.

Insisting on a large SUV rental also sounds nice, then again, since the insurance will not pay or agree to pay for 3-4 weeks... how does one know how much rental will be covered? I suppose a lawyer with experience knows the ropes around these kinds of issues too.

Can anyone recommend a lawyer around Long Beach? Perhaps I will post a link to the SoCal Cruiser club and ask. Thanks again...and rats!!! This is a pain.
 
More Stuff,

I am a business owner and i am all for doing local business.
Insurance is not usually local and the agent can't do sh!t !!! ( while I am sure there is an exception to the rule, they are sales people)
Once a cliam is filed with an insurance claim hotline(check your card), which most reputable law officers will have you call the "at fault" insurance agency at the scene and get a claim number based on the report they are going write. Usually about the same time they issue you a police report number and give you each others info.
You should write your own accident report as soon as possible and get it filed with the court(with lawyers approval)
Once a claim is written is goes out to an entirely different group of people, who the agent has no control over. the Adjusters will most likely be contract, very few (progressive, others???) have there own, and even then it depends on the location. Claim Adjusters are compensated for the call and keeping costs to a minimum. They use proprietary software that is constantly updated with product codes for parts and likely damaged materials including what can be substituted. There are several law suits on this, none of which are conclusive, forcing the insurer to pay for Manufacturer parts.( as of my knowledge)

My last Last accident Lexus fixed more than 4K of Items "under warrenty" that the idiot adjuster claims could not have come from my accident. I asked him how I could have broke the seat harness screwed to the floor and he quit talking to me? I got t-boned, by a woman on her cell phone. I am still in litigation for the monies owed me more than 24 months later.
Ok, lets use my experiance to makes yours better. ( sorry for venting)
Find a lawyer in your town, I would get a referral from one you have used or get the guy with the most tv/highway board signs, they are not cheap and he has to make money to advertise. But they tend not to be ethical either. All they want is to get paid as much as they can and as fast as possible. Which is what you want. this could take up to two years to be completly settled. And you are not comensated for the wait, the loss of value do to it. Avoid the Nice guy Lawyer, they have cost me more than I care to say, words like shark, pit bull, a******, rich should be used, ask a highly respected Chiropractor, they tend to know who is goig to get them paid!!!

Mjor things to note: There is no guideline/law stating that if anyone damages a vehicle that the vehicle has to be replaced with one of equal value(If it is totaled you get a check regardless of inherent value).
Not in the rental or the parts.

Most insurers have a per day rate car rental(limited time period) that is included in the policy, check to see if yours has it. If so you can use that. It will most likely not be for a great vehicle. Most allow for a small to midsize four door. If you have a lawyer he can argue for more. But if you "upgrade" and an insurer has not authorized via the claim number, you will be billed. Make sure you stipulate that they are to pay for a vehicle until your is completely fixed and do not sign anything saying it is done until you have driven it for a few weeks and had time to inspect it. I picked mine up at night(dumb) and had major problems. they closed the Car rental portion of the Claim and said I would ahve to pay for the rental on my own while it is in the shop getting rerepaired. I am waiting on this money too!

do not get a rental car in your name!!!!!!!!!!!!!! Get it in the insurance comanies name and donot give them a credit card!!! No they do not need your credit card to give you a rental for the accident. go to enterprise if they tell you otherwise. all you should need is the the claim number, the car company will set everything up.

my brother got rear ended in his LS 430 Ultra edtion with the sonar recently, and all he got was a midrange car. He was pissed. He still had to make those big payments and lost alot of resale value since he now has an accident car!!!

Three other things.

Your vehicle now has alot lower value even if there is no significant frame damage, and the accident will be on the car fax. YOU need to fight for compensation for the loss in trade in/resale value. they will try to tell you there is nothing they can do about that. BS when you try to trade it in and they offer 10,000 less because of the car fax....

If you, or anyone in your family has a health realated problem in the future as a result of this, you will be paying out of pocket for the rest of your life.
My first accident, with a s***ty lawyer(read nice guy) has cost me more than 10K in therapies. I still have back neck problems and may have to have a disk fused. It was a very similar accident to yours. I had to go by new ortho shoes, get a different office chair at work and buy a more supportive bed. All because of a back ache that did not show up for weeks. I was told I had whiplash, but since I didn't get and x-ray Immediatley, they faught me. I quit after more than 2 years, fired the attorney and took a bath on medical bills. Still paying, and fighting off surgury

Get checked out!!!!!!!!!!!!!!!!!!!!!!! Don't sign a release and if anyone calls you for a statement, tell them all you want is the claim Numebr and give them the attorney's number. Get a local Attorney, and a damn prominant one. He/she will not be doing most of the work, a leagal aid/ Young Attorney will be the one making the calls. The Big guy will only get called in for court!!! but a name strikes fear in the adjuster becuase if he trys to say no and goes to court and looses, he will lose his contract status. I learned this the hard way. If the adjuster doesn't know the law firm, find one he is afraid of!!!

Last but not least. Every insurance company has preferred vendors who do work at a discount and luxury car body shops hate insurers but need them for sustainable business. Find the three most expensive Auto Body shops in the area, ask for their hourly rate and do they work with the insurance company who is behind the claim number# Get Qoutes from them, they will most likley choose the least expensive and try to push you to a cheap "contract" shop. Unless it is the Lexus dealer don't do it!!! Lexus has fixed my car three times for one accident. they still screwd stuff up, and had to be taken back. While they were always willing to fix it again, at some point it was out of their trained skill set. I now call my ES300 the Tecnicolor dream coat, four shades of white and three of grey. (s***ty)

They Only "certified" Lexus body shop I know of in the country is in Texas at Sewell , they are the country's largest Lexus pre-owned company. They do alot of great work. Even they said it is very hard to match Late model lexus White, especially if it has the "pearl" coating. Be very selective in who does the work, as I am sure slee and many others can attest even the best mecanics make mistakes, Only the best are willing to admit and fix it. Especially at thier own cost. I hope you can find someone who has done and can prove they have done work on an LX470 front end, it can be very costly to be a mechanics learning curve. As we all learn on are own at some point

If you need help finding an Attorney, let me know and I will call mine. He was described to me as a bastard pit bull, I am praying we go to court soon!!!
Attorneys love to send referrals!!!!

Yes I am wierd and have had to many accidents, oddley enough not at fault for most of them!!!, but I hope this is helpful.

By the way I love my agent and see him and his wife at the gym all the time and we have a fabulous relationship.
 
Your vehicle now has alot lower value even if there is no significant frame damage, and the accident will be on the car fax. YOU need to fight for compensation for the loss in trade in/resale value. they will try to tell you there is nothing they can do about that. BS when you try to trade it in and they offer 10,000 less because of the car fax....

Ditto, get the bodyshop to refer you to an attorney for a "Diminished Value" claim. You can recover the money up front for the reduced price you will have to sell the LX for later, due to the accident. This is a common issue with high-end cars, a little tid bit insurers wish we didn't know about.
 
It sounds like talking to an attorney is great advice. I suppose by nature (and I don't know exactly why) I tend to avoid dealing with lawyers. Then again, have not had much reason to use one other than a will and estate planning. Using a lawyer here, there would be peace of mind of knowing that you have a third party representing "you" and giving sound advice on what to do/what not to do.

For example, flatbedding it home sounds great. After I fork out the money to have it moved home, how do you know for sure that insurance would cover it? I bet an experienced lawyer would know.

I spoke to the other guys insurance today and as expected, the run-a-round started. They said it would take 3-4 weeks before they could even get a police report to establish liability...thus they are not paying or agreeing to pay for anything for 3-4 weeks minimum.

Insisting on a large SUV rental also sounds nice, then again, since the insurance will not pay or agree to pay for 3-4 weeks... how does one know how much rental will be covered? I suppose a lawyer with experience knows the ropes around these kinds of issues too.

Can anyone recommend a lawyer around Long Beach? Perhaps I will post a link to the SoCal Cruiser club and ask. Thanks again...and rats!!! This is a pain.

Just so you know, if the Long Beach Police Department there worked an accident, then there is a good chance that accident report was turned in by the end of the investigating officers shift, that day. Within 24 hours it should be in the police records section and available for insurance companies to review shortly thereafter. 3-4 weeks to get an accident report is BS, the insurance companies have access to those reports as soon as the case gets entered into the computer and filed in the PDs record section. They are just being lazy. If you or one of the SOCAL 80 or NORCAL 80 members knows a police officer that works for the Long Beach PD, that officer could even go into their Records Section and get a copy of accident report for you if you so desire. You can even contact them and for a probably a small fee obtain a copy of that report yourself.

I would recommend that you obtain a copy of the investigating officers accident report so the the other guys insurance company can't get away with screwing you around. If you have a copy of the report, then you know what it says, and who was placed at fault.

I speak from experience on my out of state accident, Progressive tried to BS me and when I pointed out to them I HAD a copy of the accident report placing their client at fault, that was when the BS came to a halt.

I concur, talking to an attorney can't hurt.
 
Just so you know, if the Long Beach Police Department there worked an accident, then there is a good chance that accident report was turned in by the end of the investigating officers shift, that day. Within 24 hours it should be in the police records section and available for insurance companies to review shortly thereafter. 3-4 weeks to get an accident report is BS, the insurance companies have access to those reports as soon as the case gets entered into the computer and filed in the PDs record section. They are just being lazy. If you or one of the SOCAL 80 or NORCAL 80 members knows a police officer that works for the Long Beach PD, that officer could even go into their Records Section and get a copy of accident report for you if you so desire. You can even contact them and for a probably a small fee obtain a copy of that report yourself.

I would recommend that you obtain a copy of the investigating officers accident report so the the other guys insurance company can't get away with screwing you around. If you have a copy of the report, then you know what it says, and who was placed at fault.

I speak from experience on my out of state accident, Progressive tried to BS me and when I pointed out to them I HAD a copy of the accident report placing their client at fault, that was when the BS came to a halt.

I concur, talking to an attorney can't hurt.

Good info, thanks. Yes, LBPD was there and the officer told me the report would be ready in a day. I have already mailed a report request form to get a report for myself. I don't know anyone local to pick one up and I'm too far to drive back to get one :)

Since their insurance gave me the 3-4 weeks expectation, I called my insurance, who called their insurance. After that, their insurance called me back and seemed more reasonable. In fact, they dropped hints they know their guy was at fault but sitll have not had a direct conversation with him to get a recorded statement.

I am having it towed to Lexus of Cerritos to get an estimate. Both insurances declined to pay to have flatbedded here, and I have yet to make contact with an attorney that can give me some reasonable assurance that if I foot the bill, I will be able to bill back to someone for that flatbed to Phx charge.

Anyone know Lexus of Cerritos or recommend another local Lexus dealer?

I still plan to contact an attorney, and depending on the first local estimate, the plan might be to have it repaired to be drivable back to Phoenix and do everything else here local.

On a parting note...I always knew the wife's Lexus' rear air was nice, seems we always drive the LX over my 80. Now I remember why....80 is fine while driving , even in Phx Heat. But run inside a store and leave the wife and kids in a running 80 for 10 minutes...and whew, it just is not that comfy!!! They sure miss the LX AIR and REAR AIR! :)
 
Lexus of Cerritos is likely one of the bigger dealerships in So Cal (Cerritos Auto Row). No idea of their quality of work though.
Glad to hear it is at least progressing forward!
 
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If you have it done locally, call one of the bigger lexus dealers in PHX like Scottsdale and ask where/if they have a repair facility. In Tucson, there are dedicated honda and toyota facilities but the only place that does lexus is one guy at the Cadillac repair facility (and their service sucks..tried to get my ARB painted and they wouldn't even return my calls).

Since you vehicle will have lower value (KBB says if repairs are over $3K, you'd have to get it appraised or it will rate as fair to poor condition), you can deduct this on your 1040. I remember reading about it in the 1040 instructions. IIRC, it's under that section on deductions from vandalism, etc. Had I known about this a few years ago, I would have taken it when I got t-boned in my honda by a guy who was just too impatient to wait to make a left turn.

My guess is you will have to hire an attorney licensed to practice in CA since the accident occurred there. No worries...they are millions of ambulance chasers there. Good thing you and your family all got through it safely. The LX seems to have suffered much less damage than the camry.
 
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