# Car accident. Think it will get totalled?

**URL:** <https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483>\
**Category:** NYSpeed Automotive\
**Created:** [January 21, 2010, 3:37pm UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483 "2010-01-21T15:37:51Z")\
**Posts on this page:** 20\
**Page:** 4

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**Author:** ![dubbin91](https://avatars.discourse-cdn.com/v4/letter/d/ecccb3/32.png) [@dubbin91](https://forums.speedlife.net/u/dubbin91)\
**Post date:** [January 25, 2010, 8:12pm UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/61 "2010-01-25T20:12:09Z")

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> [@my01celica](#):
>
> Ny state is one state that has a law that says when your car is totaled. if your going to be upside down they will write off the remaing amount if the loan becomes upside down. that will only applie if the loan was taken in ny state.

First…its “apply”  
second… its “remain”  
third…no it does not, unless you have GAP coverage, which I do not think is forced in NYS like some states do but i could be wrong.

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**Author:** ![The\_Hazz](https://avatars.discourse-cdn.com/v4/letter/t/bb73d2/32.png) [@The\_Hazz](https://forums.speedlife.net/u/The_Hazz)\
**Post date:** [January 25, 2010, 11:10pm UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/62 "2010-01-25T23:10:13Z")

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The only real update is the rental car hassle. Allstate is refusing to pay enterprise for the rental car, and they still haven’t come to the collision shop to look at the car. They also haven’t accepted responsibility to pay yet. The other driver received a ticket, Andrea didn’t so I find their delaying tactics aggravating. I’ll post a scan of the estimate, or let you know if it is a total loss.

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**Author:** ![Fry](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/fry/32/7284_2.png) [@Fry](https://forums.speedlife.net/u/Fry)\
**Post date:** [January 26, 2010, 5:41am UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/63 "2010-01-26T05:41:58Z")

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Gap coverage is not required in NYS.

I would have taken that car to the busiest and most expensive collision shop I could find, and make sure they know I want it fixed absolutely flawlessly and will give them hell if anything is not perfect. What I mean is I would have gotten the most expensive estimate possible to get that thing totaled. I wouldn’t want it back. I wouldn’t feel safe driving a car that got that fucked up.

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**Author:** ![JayS](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/jays/32/15375_2.png) [@JayS](https://forums.speedlife.net/u/JayS)\
**Post date:** [January 26, 2010, 6:02am UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/64 "2010-01-26T06:02:35Z")

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> [@Fry](#):
>
> I would have taken that car to the busiest and most expensive collision shop I could find, and make sure they know I want it fixed absolutely flawlessly and will give them hell if anything is not perfect. What I mean is I would have gotten the most expensive estimate possible to get that thing totaled. I wouldn’t want it back. I wouldn’t feel safe driving a car that got that fucked up.

+1. And when you go to trade it in or sell it carfax will most likely show the accident and lower the value of the car.

With it being so new make sure they don’t sneak in used parts in the estimate.

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**Author:** ![boardjnky4](https://avatars.discourse-cdn.com/v4/letter/b/96bed5/32.png) [@boardjnky4](https://forums.speedlife.net/u/boardjnky4)\
**Post date:** [January 26, 2010, 6:07am UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/65 "2010-01-26T06:07:27Z")

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> [@JayS](#):
>
> +1. And when you go to trade it in or sell it carfax will most likely show the accident and lower the value of the car.
> 
> With it being so new make sure they don’t sneak in used parts in the estimate.

I don’t know if NY is different than NC, but that’s not the way it works. When I hit the deer with my car I tried to do that. Basically I know someone that owns a body shop. I was going to bring it there for an estimate. They told me not to bother and that the insurance companies run the game now. They will determine via an adjuster what to replace, what to replace it with, and how many hours it should take. Then the body shop can argue if they find something they disagree with.

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**Author:** ![Fry](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/fry/32/7284_2.png) [@Fry](https://forums.speedlife.net/u/Fry)\
**Post date:** [January 26, 2010, 6:30am UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/66 "2010-01-26T06:30:48Z")

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The body shop doing the work is responsible for fixing it properly. If they can’t do that for what the insurance adjuster says they should be able to do it for then they need to say “sorry we can’t do that.”

That’s why I say take it somewhere expensive and make sure THE SHOP knows you will be a huge pain in their ass if anything’s not perfect. Then give the insurance company the same story so that everybody knows if the car isn’t perfect you won’t accept it.

It shouldn’t have to be this way, but this is one situation where yelling loudly will get you better results than being cooperative.

Didn’t anonymity get his Jeep replaced AFTER they tried to repair it?

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**Author:** ![boardjnky4](https://avatars.discourse-cdn.com/v4/letter/b/96bed5/32.png) [@boardjnky4](https://forums.speedlife.net/u/boardjnky4)\
**Post date:** [January 26, 2010, 6:34am UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/67 "2010-01-26T06:34:46Z")

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> [@Fry](#):
>
> The body shop doing the work is responsible for fixing it properly. If they can’t do that for what the insurance adjuster says they should be able to do it for then they need to say “sorry we can’t do that.”
> 
> That’s why I say take it somewhere expensive and make sure THE SHOP knows you will be a huge pain in their ass if anything’s not perfect. Then give the insurance company the same story so that everybody knows if the car isn’t perfect you won’t accept it.
> 
> It shouldn’t have to be this way, but this is one situation where yelling loudly will get you better results than being cooperative.
> 
> Didn’t anonymity get his Jeep replaced AFTER they tried to repair it?

Yeah, the body shop can argue it, so going to a good shop would be beneficial. In the end though, it’s the insurance company’s call on how it gets fixed.

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**Author:** ![Fry](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/fry/32/7284_2.png) [@Fry](https://forums.speedlife.net/u/Fry)\
**Post date:** [January 26, 2010, 6:50am UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/68 "2010-01-26T06:50:36Z")

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Yeah. The whole insurance industry (health, auto, property) is a giant conflict of interests.

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**Author:** ![JayS](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/jays/32/15375_2.png) [@JayS](https://forums.speedlife.net/u/JayS)\
**Post date:** [January 26, 2010, 6:54am UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/69 "2010-01-26T06:54:39Z")

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> [@Fry](#):
>
> Yeah. The whole insurance industry (health, auto, property) is a giant conflict of interests.

Maybe the government should just take over the whole thing. :gay3:

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**Author:** ![Fry](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/fry/32/7284_2.png) [@Fry](https://forums.speedlife.net/u/Fry)\
**Post date:** [January 26, 2010, 6:57am UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/70 "2010-01-26T06:57:37Z")

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No way! That’s socialism! We need to keep the insurance industry that is based on everyone paying into a collective pot that people take from according to their need true to our capitalist fundamentals! :walter:

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**Author:** ![LUKE\_L](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/luke_l/32/7462_2.png) [@LUKE\_L](https://forums.speedlife.net/u/LUKE_L)\
**Post date:** [January 26, 2010, 9:28am UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/71 "2010-01-26T09:28:09Z")

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I am not familiar with this style Focus. Even assuming that there is nothing too critical in the engine bay in that area…I would say this is still going to cost a pretty penny. My 04 Ranger was hit recently (parked in the street in front of my house) and had almost the same “amount” of damage cosmetically. Ganted some 4X4 suspension damage was also added my bill was over 6K.

It is hard to tell from the pics. If the structure for the A-pillar is intact and there is nothing f’d in the engine bay (You can see bent hard lines) then there is a slight chance it may not be a loss.

I am guessing that it is going to be judging by how far the car was pushed. It got hit HARD.

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**Author:** ![BigRon](https://avatars.discourse-cdn.com/v4/letter/b/58956e/32.png) [@BigRon](https://forums.speedlife.net/u/BigRon)\
**Post date:** [January 26, 2010, 9:51am UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/72 "2010-01-26T09:51:19Z")

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> [@dubbin91](#):
>
> First…its “apply”  
> second… its “remain”  
> third…no it does not, unless you have GAP coverage, which I do not think is forced in NYS like some states do but i could be wrong.

Yeah NYS makes writing GAP very difficult

Long write up but now I understand it better  
[http://www.ins.state.ny.us/acrobat/gapart.pdf](http://www.ins.state.ny.us/acrobat/gapart.pdf)

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**Author:** ![BadnewsMike](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/badnewsmike/32/7419_2.png) [@BadnewsMike](https://forums.speedlife.net/u/BadnewsMike)\
**Post date:** [January 28, 2010, 4:10pm UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/73 "2010-01-28T16:10:24Z")

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> [@Fry](#):
>
> It shouldn’t have to be this way, but this is one situation where yelling loudly will get you better results than being cooperative.

yes, when my car got hit the woman recived a ticket, they fought to give me nothing, fight back, keep calling and asking for supervisors I ended up calling albany (for progrssive) before i got what i wanted and would have kept yelling.

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**Author:** ![blk99z28](https://avatars.discourse-cdn.com/v4/letter/b/f19dbf/32.png) [@blk99z28](https://forums.speedlife.net/u/blk99z28)\
**Post date:** [January 31, 2010, 1:24pm UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/74 "2010-01-31T13:24:39Z")

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Has this thing been totaled yet?

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**Author:** ![The\_Hazz](https://avatars.discourse-cdn.com/v4/letter/t/bb73d2/32.png) [@The\_Hazz](https://forums.speedlife.net/u/The_Hazz)\
**Post date:** [January 31, 2010, 4:12pm UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/75 "2010-01-31T16:12:41Z")

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No news yet. It’s still sitting outside the shop waiting for Allstate to declare liability. Adjuster and collision shop currently say fixable with 10.7k damage, but that could change when they start working on it.

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**Author:** ![Justin](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/justin/32/7459_2.png) [@Justin](https://forums.speedlife.net/u/Justin)\
**Post date:** [January 31, 2010, 4:42pm UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/76 "2010-01-31T16:42:30Z")

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> [@The Hazz](#):
>
> No news yet. It’s still sitting outside the shop waiting for Allstate to declare liability. Adjuster and collision shop currently say fixable with 10.7k damage, but that could change when they start working on it.

I would never want to own it after it had that much work done to it.

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**Author:** ![The\_Hazz](https://avatars.discourse-cdn.com/v4/letter/t/bb73d2/32.png) [@The\_Hazz](https://forums.speedlife.net/u/The_Hazz)\
**Post date:** [January 31, 2010, 5:11pm UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/77 "2010-01-31T17:11:35Z")

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With the way the other girls insurance company is balking at everything, she just needs a car.

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**Author:** ![fourseasonsandles](https://avatars.discourse-cdn.com/v4/letter/f/90ced4/32.png) [@fourseasonsandles](https://forums.speedlife.net/u/fourseasonsandles)\
**Post date:** [February 1, 2010, 7:40am UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/78 "2010-02-01T07:40:10Z")

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> [@The Hazz](#):
>
> The only real update is the rental car hassle. Allstate is refusing to pay enterprise for the rental car, and they still haven’t come to the collision shop to look at the car. They also haven’t accepted responsibility to pay yet. The other driver received a ticket, Andrea didn’t so I find their delaying tactics aggravating. I’ll post a scan of the estimate, or let you know if it is a total loss.

That’s correct that they would not pay for a rental until liability has been finalized. Have they taken a statement from the driver of your car?

There are no “delay techniques” as so many people believe. There is something else holding up the liability investigation. Whether that is they are waiting for a police report, or statements from either drivers.

Once liability is finalized, it would be smooth sailing, but until then, they will not pay for a rental.

Edit: However, it is known throughout the insurance industry that Allstate is a bitch to deal with. They are one of the worst when it comes to being fair in liability and making the correct payments.

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<div class="post-metadata">

**Author:** ![The\_Hazz](https://avatars.discourse-cdn.com/v4/letter/t/bb73d2/32.png) [@The\_Hazz](https://forums.speedlife.net/u/The_Hazz)\
**Post date:** [February 1, 2010, 3:21pm UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/79 "2010-02-01T15:21:07Z")

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If Allstate is not being fair in their judgement once they DO declare liability, what are her options to get a fair judgement?

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**Author:** ![travisn](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/travisn/32/5046_2.png) [@travisn](https://forums.speedlife.net/u/travisn)\
**Post date:** [February 1, 2010, 3:37pm UTC](https://forums.speedlife.net/t/car-accident-think-it-will-get-totalled/78483/80 "2010-02-01T15:37:08Z")

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> [@The Hazz](#):
>
> If Allstate is not being fair in their judgement once they DO declare liability, what are her options to get a fair judgement?

bitch and moan. then arbitration

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