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Discussion Starter · #1 ·
I got rear ended Wednesday afternoon, hard! The Ford didn’t stand a chance, the Volvo took it pretty well but the damage is worse than it looks. The spare tire well and unibody got compressed by an inch plus.
I’m still driving it, but I don’t know what’s going to happen once it gets inspected. No idea if the frame is compromised or fixable.

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Discussion Starter · #3 ·
Amazingly no injuries to anyone. All I got is a stiff neck and back.
The rear end mitigation worked well.
 

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I got rear ended Wednesday afternoon, hard! The Ford didn’t stand a chance, the Volvo took it pretty well but the damage is worse than it looks. The spare tire well and unibody got compressed by an inch plus.
I’m still driving it, but I don’t know what’s going to happen once it gets inspected. No idea if the frame is compromised or fixable.
First, sorry to hear your car got hit, but glad you are OK. I was ALSO rear ended 3 weeks ago. Like your car, mine looks "OK" but looks don't tell the whole story. My seat belt safety system triggered ($1,000). Possibly WHIPS (waiting to hear back, vehicle's at body shop). I need a new bumper cover and a few other things. Visual Inspection is around $2600-$3000. Course, once the bumper is removed and WHIPS inspected, things could get more costly.

I have a Viofo A129 Duo front and rear facing dash camera installed in my vehicle. I recommend EVERYONE have a dash camera. You can see the entire incident and so did HIS insurance company + my lawyer. Insurance company wanted to give me hell, and be slimy, so now they can deal with a lawyer. Especially since I injured the living day lights out of my shoulder and neck (bad case of whiplash).

Hope everything works out. Other driver's car looks like hell!
 

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First, sorry to hear your car got hit, but glad you are OK. I was ALSO rear ended 3 weeks ago. Like your car, mine looks "OK" but looks don't tell the whole story. My seat belt safety system triggered ($1,000). Possibly WHIPS (waiting to hear back, vehicle's at body shop). I need a new bumper cover and a few other things. Visual Inspection is around $2600-$3000. Course, once the bumper is removed and WHIPS inspected, things could get more costly.

I have a Viofo A129 Duo front and rear facing dash camera installed in my vehicle. I recommend EVERYONE have a dash camera. You can see the entire incident and so did HIS insurance company + my lawyer. Insurance company wanted to give me hell, and be slimy, so now they can deal with a lawyer. Especially since I injured the living day lights out of my shoulder and neck (bad case of whiplash).

Hope everything works out. Other driver's car looks like hell!
Sorry to see that... It sucks when you end up hurt and have a damaged car because of someone else's carelessness...

Hope it all works out and speedy recovery.
 

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I got rear ended Wednesday afternoon, hard! The Ford didn’t stand a chance, the Volvo took it pretty well but the damage is worse than it looks. The spare tire well and unibody got compressed by an inch plus.
I’m still driving it, but I don’t know what’s going to happen once it gets inspected. No idea if the frame is compromised or fixable.
It sounds like you do have some frame damage but nothing that cannot be repaired and brought back to original specs. If I were you, I would stop driving the car; get it thoroughly inspected, especially the AWD system.

Best of luck!
 

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That's unfortunate. The good news is that your vehicle got rear ended by a (relatively) modern vehicle; one that has frontal crumple zone. That is why the colliding vehicle seem to take on most of the deformation, while your vehicle's rear end, which needs to protect the area typically allocated for gasoline tank, remains relatively intact.

I've had similar situation happen to 2 of my vehicles.

Best of luck with the repair process.
 

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Sorry to see that... It sucks when you end up hurt and have a damaged car because of someone else's carelessness...

Hope it all works out and speedy recovery.
Thanks. I'm now in a rental car now for at least 3 weeks, because body shop has a huge waiting list ahead of me. Plus, parts are on order, too. Once the body shop begins the tear down process, there's always potential for more damage and delays.

I'm told the body shop (Certified Volvo) doesn't handle the WHIPS. Vehicle has to go to a Volvo Dealer to have safety systems inspected. And being the seat belt safety system triggered, there's a good potential WHIPS did, too.

Teenager probably on his cell phone, not paying attention, and driving an SUV. Recipe for IT HURT like hell...Having entire incident on Dash Camera helps on the insurance process.

...Thanks for the well wishes on the speedy recovery.
 

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Sorry to see that... It sucks when you end up hurt and have a damaged car because of someone else's carelessness...

Hope it all works out and speedy recovery.
+1. There's 99.9% chance the OP's seat belt safety system trigger. And WHIPS, too. Which alone make the vehicle UNSAFE to drive. Let alone if there's any structural or frame damage.

OP: I presume you have insurance if you're in a 50-$60,000 vehicle. If at fault party doesn't have insurance, get a rental car through your coverage. Your insurance will subrogate against at fault party if there's insurance or money to be had.

If you haven't already, get checked out by the E.R. Make sure no muscle tears or anything else.
 

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Resale value dropped 25% of what it was prior to accident......that sucks too and you take the hit for getting hit.
Nope. It's called diminished value. I have an attorney for my accident and we've already discussed that issue. If OP, having severe whiplash + structural damage, doesn't have an attorney, he should. His car has lost value, too. He needs an appraisal done that then needs to be submitted to insurance company. They will fight the LIVING HELL out of it, which is why these are usually only successful if a lawyer is involved.
 

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Nope. It's called diminished value. I have an attorney for my accident and we've already discussed that issue. If OP, having severe whiplash + structural damage, doesn't have an attorney, he should. His car has lost value, too. He needs an appraisal done that then needs to be submitted to insurance company. They will fight the LIVING HELL out of it, which is why these are usually only successful if a lawyer is involved.
I've always thought that diminished value should be compensated, but it seldom seems to be.
How do your attorney's fees factor into the equation? Do you get them back too?
Condolences to the OP but glad no one was hurt.
 

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The apparent damage differential between the two vehicles is the sort of thing you always read about but sometimes have trouble believing. But there it is, in photos. Wow. Even considering that a lot of the Ford's damage is 'crumple zone' I still have to say 'wow'.
 

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Nope. It's called diminished value. I have an attorney for my accident and we've already discussed that issue. If OP, having severe whiplash + structural damage, doesn't have an attorney, he should. His car has lost value, too. He needs an appraisal done that then needs to be submitted to insurance company. They will fight the LIVING HELL out of it, which is why these are usually only successful if a lawyer is involved.
Unless you get a lawyer it`s a yes. That`s not cheap.
 

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I've always thought that diminished value should be compensated, but it seldom seems to be.
How do your attorney's fees factor into the equation? Do you get them back too?
Condolences to the OP but glad no one was hurt.
Well I'm a bit ashamed to say I didn't fully do my homework here. Attorney (big name one locally) took on contigency. 33 1/3rd percent of settlement. Apparently, with open and shut cases, you should negotiate the contingency. Didn't even know what was possible. My accident was caught on Dash Camera, Person Caught on Video, and 100% fault assigned. Thus, the only negotiation taking place is damages.

Thus, it seems you should negotiate to 25% in such instances. Or at least that's what the law sites All Law + Nolo state. Again, didn't know. But I expect results from these guys. They don't take things unless they know it's a slam dunk.

Far as diminished value, I was told it's $350 for an appraiser to come out and write up estimate. Attorney will guide me in getting diminished value if insurance company resists. Again, you will rarely ever get diminished value (other than Georgia where state law dictates it) without an attorney.
 

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I've always thought that diminished value should be compensated, but it seldom seems to be.
How do your attorney's fees factor into the equation? Do you get them back too?
Condolences to the OP but glad no one was hurt.
I agree, also realize that if this happens in say 10 years when the car is worth $15,000 all you get is $15,000 to replace a vehicle you paid $60,000. Insurance companies are like banks they never lose and if they might the government bales them out. It`s quite a racket really. Attorneys fees will not be compensated.
 

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I agree, also realize that if this happens in say 10 years when the car is worth $15,000 all you get is $15,000 to replace a vehicle you paid $60,000. Insurance companies are like banks they never lose and if they might the government bales them out. It`s quite a racket really. Attorneys fees will not be compensated.
Not true. If there are injuries, and OP mentions being very sore from whiplash, attorneys take these cases on contingency. So items like Diminished Value, Getting paid by at fault party's insurance, etc are handled by the lawyer. Of course, they take 1/3rd of the monetary settlement for injuries.

The cost to fix the car and rental are not factored in to an attorney's fees. These are either handled directly by the at fault's insurance or by your insurance who subrogate against at fault's insurance (assuming the at fault is insured).
 

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I think we are stepping over each other. You are right on when using an attorney for personal injury and compensation. If you are just making a diminished value claim, there`s not enough money in it for a lawyer to take on contingency and you will pay and not recover fees. Insurance companies sealed the right to pay only present value for a totaled vehicle and that`s what you will receive. Diminished value on a trade or sale of a repaired vehicle has so many variables especially if sold years down the road, it`s not worth the potential for no financially viable expense to pursue it.
 

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I think we are stepping over each other. You are right on when using an attorney for personal injury and compensation. If you are just making a diminished value claim, there`s not enough money in it for a lawyer to take on contingency and you will pay and not recover fees. Insurance companies sealed the right to pay only present value for a totaled vehicle and that`s what you will receive. Diminished value on a trade or sale of a repaired vehicle has so many variables especially if sold years down the road, it`s not worth the potential for no financially viable expense to pursue it.
You missed the point. If OP was injured and is going to retain a lawyer, the lawyer will assist with diminished value along with the entirely of the case / lawsuit.

If OP doesn't retain a lawyer, then the insurance company will fight tooth and nail to not pay a diminished value claim.

Which means he gets an appraisal to show diminished value and then turns in a claim to his insurer. Who then goes after at faults insurer. Or Op takes at fault to small claims to recoup what he can.
 
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