EricGT3

Pong,

Wow! Glad to hear you're safe and well. The car and money can be replaced. Thank god you're OK. Looks like the M5 is a marvelous car. Everything will get sorted out in the end. Just be strong with your insurance company and don't settle for anything you don't feel is right.

Good luck.

nile13

CP, the way things will work will not be very different from a Sunday afternoon bazaar somewhere in Cairo. Quite seriously.
Your insurance company will give you an offer to settle. It might be a good offer, a low offer, an insulting offer. That is irrelevant. Be prepared to give a counteroffer. Base your counter on comparable sales, any of the rediculous books (kbb, Edmunds, etc). Include the documented modifications (receipts will do just fine).

Essentially, they owe you a _replacement_ value. What it would cost to replace your car. Mods are a gray area, but they are generally not averse to paying for them. Remember, that they also owe you CA sales taxes on the full negotiated amount (they will try to nicely roll them in into the offer so the amount looks larger. Don't let them. Negotiate for the price plus taxes). Once negotiations are completed, they should recover $1000 from the other insurance and return a check to you.

They should cover a loaner car "of similar class" for you as well, if you chose to pursue that. Ypu could negotiate a monetary value for, say, two weeks of rental and ask for a check in that amount (another gray area, some companies are OK with it).

Was there a police report? If so, get a copy and review it in a few days. If teh other driver got a ticket for running the red light, the case is pretty much airtight.

This discussion does not cover pain and suffering. You might simply tell them what they are worth to you and see how they respond. Same with lost income/time.

Whatever you do, do not let them drag their feet. Don't get discouraged.

And, last, but, certainly more important than any of my drivel above, make sure that you are OK in teh next few days!

PS. No, I'm not a lawyer.

FisterD

Glad you are well. Good thing you where in a well built car, and not some tin can.Cars can be replaced, you can not.

stedge

CP - I am very glad you are OK, and she seems to have survived, as well. First, I would recommend not posting too much on a public board until all things are settled. Obviously, get witnesses if you have not already (I am sure you have). Get a copy of the police report. And get independent information about the value of your car, the real cost to replace it, etc. Go to the places where most folks would buy a car, and get stuff in writing re: the price of a replacement. You'll lose on the mods, but they should still have to pay enough for you to get an equivalent stock car, easily.

It is a PITA, all of it, but in the end, you came out of it OK, and that is what matters.

hal m

Pong,

Sorry to hear about your accident, but very glad you walked away.

First thing I suggest is to open a file and get copies of all the paperwork together. Police report, her name, address, car regn information, insurance policy number and insurer contact info. Call up her company to start a claim and get a claim #. Get copies of all your medical records from Stanford and go to your own personal doctor for a follow up as many of these traumas effects show up later on.

I would also suggest you contact John Draneas, a lawyer and contributor to Sports Car Market magazine. He has a monthly column in the magazine relating to legal issues and cars. He recently had a column on establishing the value for a collectable car. I am certain he would have some very good advice for you, even if you have to pay him for a few hours consultation, it is likely very worthwhile. You can email him at legalfiles@sportscarmarket.com

Best of luck with this and ride them hard to a satisfactory conclusion. The squeaky wheel gets the attention!

CAHRERA

Man Pong, I'm glad you're OK. God was really watching over everyone. Good thing no one got seriously hurt.

Dr. No

Pong, glad you were not hurt any more than that and also glad to see the E39 do its job against the Blazer. Don't know the law too well here, but assuming it's her fault your insurance shouldh't have to pay the claim. They will then just try to recover against hers, and all they want to recover is what they paid you. The higher the amount, the more the other side wants to fight Allstate. I think you can proceed directly against her and her carrier, rather than "subrogate" your claim to Allstate, but this could mean litigation.

So, to make it a trifecta, was she on the cell phone at the time?

CP

Folks,

Thanks for the kind words and sage advice. I have an appointment with my own doctor next Monday. I just spoke with the lady's husband. Whie she suffered a cracked rib and cuts, she is otherwise OK. They are insured. He did not even ask about my insurance.

I hope things work out without much of a hassle. Time will tell.

Thanks for the support. I love this forum.

CP

Greg Fishman

Let your health insurer know that this was due to a car accident and then they will go after the appropriate insurance carrier to reclaim their money. Process is called subrogation.

CP

That I did not know. I know the attending officer did not interview me nor her as the paramedics were all over us. The police will not have a report for 24 hours. I'll find out later.

CP

Father of 3

Sorry to hear the bad news about the car. Your health (and the health of the lady) are most important. Seems like in California this kind of thing happens all too frequently. Thank goodness you did not get t-boned and that you had some strong german metal surrounding you.

Ruf-Dan-Ruf

CP, glad your not injured, the rest is only money at the end of the day ....

Lucky you weren't in your RUF, imagine arguing replacement value on that.

All the best.

JohnJL

Wow, glad ur OK.
How fast were you going? Looks like you were moovin off the line!

Dr. No

You don't work for Allstate, do you???

Bruce SEA 993

Wow, I am glad you are OK! Looks like the Beemer gave it's all for you.

Lots of good suggestions here...a couple to reiterate what has been said:

I would deal with the at fault parties insurance but...the police report is not out yet but I hope like heck it goes down as her fault. You have to make sure you know how it is being written before the cops leave the scene as is is cast in concrete when they leav and write it up. I know you got hauled off so that is tough.

You may need witnesses.

Assuming she is the one who gets the fault, the first number her insurance gives you is an "offer" to buy your car. Document the mods and get want ads and Auto Trader and webs site ads for a car that is the same and add in the mods...as long as you have the documentation.

Oh, get a rental car from them that is an equivalent car...hard to do from Enterprise but they have better cars than the base Toyota the will offer you.

Again, glad you are OK and good luck!