# Their Totaling My Car



## Texas.girl (Dec 20, 2011)

In 2009 I bought a used 2006 Rav4 and I loved that SUV. It was the right size for me and has been a really good little car. It is a pretty blue color and looked brand new-not a scratch on it. Then in 2010 while sitting at a red light I was rear ended (hit and run):angry:. My insurance paid to get it repaired. Then in 2011 in a very very very busy part of San Antonio, TX during rush hour the cars in front of me all stopped, so I stopped, but the car behind me did not stop. She admitted she was on her cell phone and then gave me her insurance papers, which turned out to be no good-she had stopped paying her insurance bill:veryangry::veryangry:. So once again my insurance paid to get it repaired. Then this past Tuesday I was in a nearby town (pop approx. 800, plus tourists) when the car in front of me stopped so I stopped. I sat there waiting for quite a few seconds for the car in front of me to start moving when an elderly man plowed into me. A witness said he never saw his break lights come on and that the driver was going way to fast. The speed limit was 30 mph. Fortunately no one was seriously hurt but today I learned his insurance company wants to total my Rav4. :tears: I have been rear ended 3 times in 3 years and each time the weather was beautiful, each time I was not even moving. My Rav4 was very easy to see. Why me?

Warning--Rav4 bumpers cost $800 to replace. 

So now I have to go vehicle shopping. My ranch partner is very sick in bed. Insurance company is telling me they won't pay for rental after Thursday. I live an hour drive from civilization so buying a new vehicle will not be easy. Took me a month to shop and decide on the Rav4. I don't have a month. I do know I am not going to get a Rav4 again. People like to drive into them and they are not good for hauling alfalfa, pallets, building supplies, or goats. I am getting something used. I would like a truck or SUV that when someone hits it they suffer all the damage and I have none. I am tired of this. 

Asking for advice and I need a hug.


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## ThreeHavens (Oct 20, 2011)

I don't have any advice but ... :hug:


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## goathiker (Apr 14, 2011)

Chevy Surburban. They weigh 4000 lbs. Can haul a 1/2 ton of hay, a pallet of pellets, 12 goats, pull a fully loaded 4 horse stock trailer... I loved mine, hate my pick-up. Oh and parts are cheap and easy to find. Mine totaled 2 cars that hit me and I drove away both times. Bad point, gas milage about 16mpg.


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## kelebek (Oct 5, 2007)

Ok I used to own a body shop - they CAN and should be paying for up to 30 days of rental. Also you need to get online - find other tab 4's within a 4-6 hour radius of you that are close in mileage /condition and make sure they give you fair replacement value.

Have you received you settlement for the rav?

How's your neck feeling *wink* and back *wonk* don't you have dr appts to go to?


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## goathiker (Apr 14, 2011)

That seat belt usually tweaks your shoulder pretty good too. Might take a couple days to feel it you know


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## kelebek (Oct 5, 2007)

Hubby just said you can look at +1 or -1 year on the looking for replacement value and to look at AutoTrader.com said print it off and give it to the company.

He said unless you have signed a release - you have the upper hand.


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## HoosierShadow (Apr 20, 2010)

I'm so sorry this happened to you  
Definitely look into all your options and don't let the insurance co. undercut anything.
Make sure your getting the value of your vehicle, and I'd look into how long your really allowed to keep a rental. We've had to argue with insurance co. before about a rental. Years ago a dump truck pulled out in front of me, and I had to swerve to the left to keep from hitting him head on, he grazed the passenger side from the front passenger door all the way back. Mirror/door had to be replaced, panels fixed, paint fixed, etc. etc. it was a mess.
They tried to send it to a crappy shop, we said NO.
We took it to a more reputable shop, and they estimated it a 3-4 week job.
I think the guys insurance tried to tell us 2 weeks on rental car, but I HAD to have a car to get back/forth to work, so we argued with them and made them pay for the rental until our car was done.


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## ASTONs Dairy (Aug 14, 2012)

The adjusters job is to pay as little as possible. Kelebek and HoosierShadow are right on. Do your homework before you settle. You can also call your bank and they can give you a book value. Retail and trade. All you need to provide them with is the VIN number and most insurance companies put that information on your insurance card. You need to buy a truck that you can put a bush guard on the rear end  .


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## Erik_L (Nov 27, 2012)

Craigslist. Get something you can pay cash for and will get you from point A to point B. Look for the vehicle you want. Use the cash-car as a secondary vehicle or "farm truck" once you have a better vehicle.

Erik_L sent this from his iPhone using GoatSpot. Pretty cool, huh?


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## Texas.girl (Dec 20, 2011)

I just got the call this afternoon they wanted to total the car. The price they want to pay me is about what the Blue Book value says online. That much I know. I live an hour from civilization (defined as a town big enough to have a Wal-Mart, body shop, etc.). When the adjuster called me on Wed. I had just dropped the Rav4 off at the body shop and was in the car Enterprise had just picked me up in. She said "that is not one of our preferred shops" but never said another word about it so I didn't have to fight. I am guessing they do not have any preferred shops in that town, but I took it to the shop that took care of me after crash #2 and they are considered very good. I did mention to the adjuster today before hanging up the phone that I have family members who are attorney's. My mom was an attorney and I sure wish I could talk to her right now, but her best friend is also an attorney and considers me "the daughter she never had". To bad she practices in FL. I tried calling her but she was not home. I am fine. I really am. My ranch partner on the other hand is hurting but he is really sick and doesn't know if he is hurting because of the accident or because of being so sick (Wed. he had 103.6 temp and is still feverish at times). Thankfully I bought the Rav4 with cash and therefore own it right out. So whatever they give me I can use towards a used truck. I have decided I do not want a Dodge Ram (my rental). Coming home in the dark from a Christmas party I had a really tough time seeing where the road was when making turns. The lights were not helpful. Earlier this year the Rav4 was in the shop for a very expensive repair and I rented a Dakota but don't remember having any problems finding the road.


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## HoosierShadow (Apr 20, 2010)

I'll be looking for a vehicle soon too, so I definitely feel your pain. Our problem though is...we have a lemon lol My husband is supposed to replace the hearter core, and figure out what other coolant leak it has, so that it'll be more driveable and hopefully easier to trade in.
I like Chevy trucks, but my problem is I need extended cab <we're a family of 5>. I wouldn't mind looking at the Chevy Equinox.

I hope you find something you are happy with


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## Texas.girl (Dec 20, 2011)

RIP Rav4 

Lawn Mower is going to miss her perch. Midnight was waiting for her to come down so he could continue the hormonal chase.


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## GTAllen (Jul 22, 2012)

Does it still run? If so see what the insurance co will take for it? U might be able to salvage it enough to be usable until u find something else. Might be able to hauling hay and goats


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## Texas.girl (Dec 20, 2011)

Insurance will give me $4767.96 to fix or $12,154.78 to total. The bumper costs $800. I need a new back door. Frame is bent. Lots and lots of other problems, including issues up front even though I was rear ended. When I asked what it would cost when I dropped it off the guy said he would have to look up the parts cost but he is guessin $5 to $6000. I really live far from everything and even before the insurance inspected the car and called me back everyone was worried about me taking that car back due to the frame being bent. Also, keep in mind that once a year people like to just drive into me. Do I want to take that chance? I think a vehicle with a rubber bumper so the next person who hits me just bounces off will be a safer choice.


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## StaceyRosado (Oct 5, 2007)

I LOVE MY TOYOTA!

With that kind of money you could find a decent toyota tacoma 

I have the 4 door variety of the Tacoma that came out in 2005 its awesome. Its a V6 and gets about 19 mpg


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## Texas.girl (Dec 20, 2011)

HooserShadow--to bad we don't live closer to each other. We could go car shopping together.

The body shop didn't answer their phone this morning so even though the insurance people want me to clean my Rav4 out asap, not happening today. 130 mile round trip to get there. Well go Monday. I can think of 3 car lots in that town that I might glance at. There is a Toyota dealership 30 minute drive farther away that I might visit sometimes this week. Between it being Christmas, goats insisting on being fed every day, and living out in the middle of nowhere--this is not a good time to go car shopping.


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## kelebek (Oct 5, 2007)

I hate hate hate insurance companies - they LEGALLY can not tell you where to take your vehicle - EVER! It is illegal!!! Preferred shop only means they want you to go there as they contract for cheaper rated


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## 5goatgirls (Jun 20, 2010)

I just bought a new Rav4 and absolutely love it, but we also own a good ol' country pick up truck that has been beaten and battered. If you do go the truck route make sure you get a nice big trailer hitch put on the back because they do make a nice barrier when people try to run into you. Sorry, you have that target on your back bumper.


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## Shellshocker66 (Mar 19, 2012)

I feel for you!

I had a "bad luck truck" back in the 80's. I was commuting to the city from the country which was about a 50 mile drive, but it wasn't that big of a deal as I did 24 hour shifts so only worked 10 days a month. 

But this Nissan pickup I had was a magnet for the rear enders! I swear I would just get a new bumper (hey your lucky it's only $800 to replace yours, mine back then was a $500 job everytime) and WHAM I would get hit again. I finally just fitted some pipe back there with a friends help as I was getting creamed so much. I think one year I was hit 7 times!

So I finally sold the truck and I've never been rear ended since! I swear it was like the light switch was turned off and my luck was suddenly better! 

So I suggest you let the Rav 4 go, Argue an extra $1000 out of the insurance (trust me they padded themselves with probably a lot more then that before they offered you the settlement) and make the person who hit you pay for the rental car and don't take no for an answer there! Trust me I had to do this so many times I know all the insurance games. Tell them you want a rental car delivered to you NOW!

As for what you should get, well find what fits you. I have a problem with certain vehicles that I can't see behind me or the blind spots are very pronounced due to my height. I personally have never had a problem with Toyota or Chevy trucks. Fact is I own a chevy avalanche which is a good compromise between an SUV and a truck. I've hauled a ton of hay in the thing (very creative stacking) and it has great traction for muddy fields (I do own the 4x4 option but hardly use it).


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## Texas.girl (Dec 20, 2011)

Fortunately I was approved for a pickup truck while on the way to Enterprise. I had already left my car at the body shop. I told the adjuster what kind of road I live on and that a car is not safe. I made a comment like "I have to have a SUV or Truck unless you want to buy Enterprise a new car". I got approved for the truck. If that adjuster thinks I am going to pay for the rental after Wed. she is delusional. I will threaten lawsuit. I need time to buy transportation. I live in the middle of nowhere. It is not my fault I now have no wheels. 

Getting rear ended 7 times in 7 years Poor thing. Glad you got rid of that problem. I sure hope getting rid of that Rav will solve my problem. Frustrating getting rear ended when I am not even moving.

5goats---quick--get a deer guard for the back end of your Rav. I seriously thought about looking for one after crash #2.

One plus about all this--don't need to worry about that recall notice that should be arriving in my mailbox one of these days.


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## kelebek (Oct 5, 2007)

They CAN NOT take the rental car till the settlement check is cut to you OR you use up the 30 days of rental car ... let them know you know the law.


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## StaceyRosado (Oct 5, 2007)

The only two accidents Ive been in were in my PURPLE truck (Love that truck) and I was sitting still - totally stopped and watched the first car ram into me. The second time I didnt know I was hit because I was sitting in traffic and I just heard it and didnt feel anything. So I know your pain. Mine was like a 2,000 repair the first time because did you know purple is an expensive color to repaint! oh and a few other bumper issues. But mostly the paint job  The second time I just waved the guy off - no sense making more accidents with us sitting waiting when there was no way a cop was going to get to us within anything less then an hour in that traffic. So he didnt have to pay that expensive paint job repair! 

thats nice that you got the truck. as to how long you can have it for -- depends on your policy. I chose to take that option off my policy because I didnt want to have to pay for it monthly (basically you pay for it in advance with a higher insurance bill!). I thankfully have my grandmothers car I can borrow.


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## Texas.girl (Dec 20, 2011)

Stacy--my insurance is not involved. The other guy's insurance is the only one involved and Texas state law is involved here. I was told by what I believe was the man's daughter--he only had liability. I will be calling my insurance agent Monday morning to let him know the Rav was totaled. He already knows I got hit.


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## Texas.girl (Dec 20, 2011)

Cell Tower not working that great out here (and my voice mail states that clearly) and I will not talk on the cell phone while driving. I also refuse to sit in McD's all day waiting for insurance company to call me at their convienence. They finally decided to email me. I had no way to communicate with them except phone until I got the email. In an email I told them why I have not released the car (brand new tires and just had very expensive car repair) and want to be compensated. Also told them I live 65 miles from civilazation and have been told the law says they have to provide a rental for one month. I let them know that telling me they were taking it away this week had been extremely stressful and upsetting. Got response yesterday. "Dec. 26 last day for rental and they do not have to give it to me for 30 days." My birthday is Dec. 25, great birthday present. I just wanna cry. No other form of transportation and I cannot afford to pay for a rental. I hate insurance companies--so heartless. 

Been to two car dealerships (takes me over 2 hours to even get to one). Wed. test drove a tacoma--horrible. Something has to be wrong with it. Friday went all the way to the big big city to a big dealership and test drove a lot of trucks. Some way to big for me--couldn't even see. Others horrible. Liked the tacoma but it was a 2012 and they wanted way over budget ($24,000+). It was really nice and if they had been willing to come down I would have considered it but even blue book said that was a very good price. 2nd dealership is very pushy. They did not want to let me leave at all and tried to push old Isuzu truck that made my back start hurting, and that was just a quick test drive. What would it do on an 2 hour drive (130 miles round trip to the grocery store)? No thank you.

I hate car shopping.


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## clearwtrbeach (May 10, 2012)

I hate car shopping and insurance companies-be it auto, home or medical! Don't cry I know you've been through a lot but it will work out. :hug:I was very limited on money, like 5K, I spent several times a day checking CL and another local internet ads list. I finally (for my car not truck) saw a 2000 honda accord for just at about or a tad under low blue book. I immediately called the lady and while I was talking to her she had 4 calls and emails come in!


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## Mandara Farm (Sep 12, 2010)

I'm sorry to hear of your accidents -- how horrible for you! :grouphug:

I know someone who had a Toyota Sequoia and was in a parking lot accident -- she didn't even know it had happened. The other person's car was totally crunched. It might be worth checking out. I know new Toyota's are $$$$, and trying to get it in a standard parking space can be a drag... but for what you're looking for, if you can find a good used one it may be a good fit.


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## Texas.girl (Dec 20, 2011)

Before this happened we were looking for an older truck to use for hauling. Whenever we saw a truck sitting by a ranch fence with a for sale sign on it we took notice. Now with this happening we are focusing on a small truck. The Ram 1500 or F-150 is just to big for me. I can't see over it. My major problem is where I live. The closest town big enough for a Walmart is about 65 miles away. There are a few tiny dealerships and used car lots but basically I have to drive 120 miles to the outskirts of San Antonio to find a decent size dealership. Yesterday we went to the dealership where I bought my RAV4. Very big and had lots of used vehicles on the lot. I know if I was going to buy another RAV4 I would have found something--there were lots of them, but very limited supply of trucks with bed space. They were very eager to sell me something I really didn't like. We were in rush hour traffic trying to leave the city and the bosses boss called. My ranch partner took the call as I was driving. He now knows exactly what we are looking for. Maybe they are so eager they will find me something quick. Looking is so exhausting. Basically 5 hours yesterday just driving to and from the city, plus more driving around looking at cars, etc. We have made several trips this week and my ranch partner was very sick last week with the flu, he still gets tired easily as he slept for 5 days straight with a high fever (Tuesday through Sunday). We are just exhausted today from yesterday's trip.

This entire process would be a little easier if the adjuster would use her ears. My voice message makes it very clear the cell tower is broken out here and I cannot get calls at home. I can but I have to be within a yard of the booster and the weather has to cooperate. It took her 1 1/2 weeks before she finally tried to contact me via email. When I called her I got her voice mail 100% of the time and she doesn't return calls until late afternoon or whenever. Once I was given a way to communicate via email, she still called me and told me to fax her stuff. I made it clear in the email I do not have a landline. People really need to learn how to use their ears and how to listen.


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## mjgh06 (Sep 4, 2012)

SO sorry to hear about all the trouble you are going through. I used to live in the TN mountains about an hour and half from any city and the one closest had a grocery store - no Walmart. So I know how you feel being stranded. In my case my husband at the time worked three hours away and we only had one vehicle because we just couldn't afford to get two.

Why does the insurance company say they don't have to pay the rental for 30 days? Did they give you a reason? I would try to get in contact with one of your friends who are attorneys and see if they can help with that. As for faxing without a landline, if you have a scanner and internet, you can fax for free online at http://www.gotfreefax.com/
I use it all the time and have never had to pay and gets there within a few minutes.
Hope things get better. If you can get the rental car situation worked out, it should help a little with the stress of finding another vehicle. As for that, I used to have a Ford Explorer and it worked great for us. Back seats folded down and we just used a tarp to lay down when we hauled goats or hay. Plus our had the roof rack so we could put even more up there. It ran very well for close to 300,000 mles before we sold it to get a new truck. It was still running strong even then though.


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## Texas.girl (Dec 20, 2011)

All the adjuster said in the email on the subject of a rental is:

"Unfortunately your vehicle is a total loss and we do not owe for 30 days of rental. The last day of rental remains December 26, 2012. "

Well, the is one longer then she first told me.


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## ASTONs Dairy (Aug 14, 2012)

You could always call your insurance and see if they will pick up any additional rental days if you have that benefit under your coverage. I would also ask them about the less than 30 days from the other persons insurance. See what your carrier says.


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## Texas.girl (Dec 20, 2011)

I plan on calling my insurance company on Wed. All this is happening at a very inconvenient time. We will also be making the 2 1/2 hour trip to San Antonio to visit another car dealership. I am praying we find the perfect truck so this can all end. All this driving really tires me out. But until then, I am just going to have a Merry Christmas and a happy birthday.


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## Texas.girl (Dec 20, 2011)

It is almost 11pm, way past my bedtime. I am exhausted. But today I bought a 2011 Nissan Frontier. I am no longer carless. Unfortunately Enterprise was closed by the time we were able to leave the dealership. We left the truck at Enterprise (an hour drive from home) but must return in the morning to give them the keys. Oh well, it will give me a chance to visit a truck accessories store. Saw over a dozen deer on the trip home. My new truck needs a deer guard.


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