It's like a nightmare, a car coming at you head on in your lane of traffic. Well, it happend this morning when a Nissan Pathfinder came at me from around a fairly tight corner and they were in my lane. All I could do was hit the brakes.

The question I have, will the insurance company total my baby?

Here are a few pics...

 

Here is a bigger pic....

 

happened to me this weekend too. Yours looks worse. Totalled just depends on the quote

 

Glad to see that's all that happened and you seem to be alright.
I'm no expert, but highly doubt that it's totalled. Cabin doesn't look like it got twisted and all tires appear to be touching the ground, that usually means it's fixable or worth fixing. Good luck on getting your ride back.

 

My guess it's not totalled and by looking at the pictures the repair should be pretty successful. Looks like you were mostly hit between the frame rails and there was not much damage done to the overall body structure. If the doors open and close like they should, it's a good indication that the car can be saved. Problem is, many people dont like to have their car put back together after a rather serious crash, especially when it's a new car with the prospect of all those new car payments still on the horizon. The costs go up considerably when the airbags deploy, and a MCS will also need a 500 dollar battery cable to replace the one that has the pyrotechnic disconnect in it. There are also pyrotechnic devices in the seat belt buckles that tension the belts in a crash, those would need replacing as well.

 

God, I'd be heartsick! I feel for ya!

 

It doesn't look totaled to me as I've seen worst off mini's that I thought would be totaled and were not.

I hope you gave the driver of the pathfinder an earfull and I hope they got a ticket for being on the wrong side of the road.

Luke

 

Hard to yell at a little teanage girl already balling her eyes out. She knew she was on the wrong side of the road.

I'm just concerned that the supercharger, engine and subframe were compromized. It's hard to see from the pics, but the radiator is pushed back into the engine compartment ~8-10 inches. Both black strips up the side of the A-pillar popped off, suggesting a bit of push into the cabin. Also the body side panel which butts up to the hood appear a little distorted. All sorts of bits popped off the dash, and not only those associated with the passenger air bag. Nice to know those things actually work though.

Cricket

 

Where did this happen?

 

Appears as though your Mini did an excellent job of protecting you. Hopefully you and the perpetrator are well. I have seen worse damage repaired as good as new - lots of new parts and lots of body shop time. The key to the excellent work was the owner going over the adjustor's notes and estimate in detail, and working closely with the body shop and mechanics.
Years ago my car was severely bruised by a very drunk lady; so badly that I thought it was headed to the masher but her insurance company put more than $5k, plus rental and my time, into a car with a market vakue of $4k. Go figure. I sold it two years later for $4k, it looked like new and the buyer was fully aware of the extent of the accident. No one was injured but the lady lost her license permanently, got a lengthy jail sentence, and an enormous fine.
Back on topic - working closely with perp's insurance company, the body shop and mechanics can make huge difference.

 

This is true...they'll have to dig a bit to determine the full extent of the damage, but at first glance (based on a similar experience with my MINI) it'll be repairable. That's my vote anyway...

 

I hate to say it but you need to get a lawyer. I don't mean to sound rash but her insurance is going to try and take you to the cleaners. Take it from someone who has been in this situation before. In my case I have had 1 person going the wrong way up a one way street hit me (obviously their fault) and 2 different incedents where people took a right turn from the right lane of a one way street into my front end (ironically the same street only 1 block apart). Find someone to represent you so that the insurance doesn't screw you. Your car could be totalled in many eyes except for the eyes of the pathfinder's insurance agency.

Generally the car has to have over 60% damage/repair to be totalled but that is different by agency. Don't get taken. It is not worth having a damaged/repaired car if you are entitled to a new vehicle.

Also I would suggest after they (if they do) total the car, buying it back. You would be surprised how cheap you can get it and what you can do to sell the parts off. If it does get totalled let me know and I'll buy it!

Good luck and please keep us posted. we look forward to you being back to motoring in a perfectly good MCS!

Chris

 

Heck, I found out from one of my customers who backed into a local MINI ( I coudl have throttled her) that a head light alone cost $2700 to replace. Labor and all. The entire assembly plus labor was $2700 I looked at her like she was on crack and she told me that is what she thought......

 

ooh....what you say about the pillar covers pop off could be a big deal.
I'd raise a little hell and make extra sure that kid realizes how lucky the two of you were. Good luck getting things sorted Cricket.

James

 

I'm glad you're alright! Best wishes with dealing with the insurance companies, body shops, and the rest.

 

I see frame damage and 2 deployed airbags, each replacement costing around $2K+. I would not touch this car with a 20 foot pole after it has been "Repaired".

Sue for diminished value as this car's resale value has forever been shattered by this incident. I hope it gets totaled.

 

First off I glad you’re OK.

It doesn’t look to much worse than mine did after my accident a while back. It’s going to depend on the motor mounts and frame more than anything. Mine was repaired to pristine condition and other than the fact I know it was in a wreck no one else would be able to tell and it drives just as it always did.

 

Sad to say but I've seen less damage that was considered a total. Front body work,sub frame,a few suspension parts, radiator, motor mounts, air bags etc plus labor = total loss. I would guess the insurance will estimate the car is worth in the low to mid 20's and once the repairs hit 50% of the value they get nervous. The car will never drive the same and it would most likely be in your best interest to start from scratch. Glad to hear your ok.

 

Pjeski,

The accident happened in NJ. The other driver and I are both insured in NJ. We have No-Fault insurance in NJ, I'm still finding out exactly what that means. However, since the other driver was 100% driving down my lane of traffic the officer assigned 100% of fault to her. My insurance company indicates that I have the option of going through them or, since fault was assigned to the other driver, I can go through their insurance company. I'm still trying to get hold of the adjuster from the other drivers company to check my options and the likelyhood of getting the car totalled. I'd certainly not be happy with anything less.

Cricket

 

Cricket,
"No-fault insurance" describes any automobile insurance system that requires drivers to carry insurance for their own protection and limits their ability to sue other drivers for damages. In an accident under a no-fault system, your auto insurance company will pay for your damages up to your policy limits, no matter who was at fault for the accident. Other drivers involved in the accident are covered by their own automobile insurance policies.

Under a pure no-fault system, drivers would be entirely covered by their own policies and could never sue any other driver for damages, but no state currently uses a pure system. All no-fault states use parts of the no-fault system and parts of the standard-liability system, under which a party is responsible for the cost of damages he or she causes, so lawsuits are permitted under some circumstances in all states.

The amount and type of no-fault insurance required varies from state to state. Some states allow injured parties to sue if their injuries are severe, while others allow suits if the total costs reach a certain dollar level. Many modified no-fault systems pay for economic damages up to the policy limit, but allow the injured party to sue for non-economic damages if the amounts of these damages are greater than a specified amount. These thresholds also vary from state to state.

 

Well I wish you the best of luck with it.

I saw what I thought was a Mini in the ditch yesterday morning and I thought it might be you. (I'm here in Michigan). Hopefully it wasn't a Mini at all.

 

It's very sad to see these pictures.....I'm SO very glad you were not hurt!! That is the most important thing.....it will be interesting to see what the final outcome is with the insurance company....

Chow!

Donna

 

I worked as an insurance claims adjuster in NJ for ten years. In NJ, No fault basically means that the medical bills for anyone injured will be paid by the insurance carrier for the injured person under the Personal Injury Protection (pip) section of their policy, regardless of whose fault the accident was. Hence the term No Fault. Later, a claim for bodily injuries may be made or brought against the other insurance policy. In addition, your insurance company will contact the other Insurance company and attempt to recover any money they have paid to you, for damage to your car as well as the deductible, which you are responsible for.This is where liability for the accident will be determined. One important note: The liability for the accident is determined by the Insurance company NOT the Police. The Police report is helpful to the insurance company in determining liability. In NJ, accident liability is determined using a term called Comparitive negligence. If a driver of a vehicle is 50% or more at fault for an accident as determined between the two insurance companies, then that insurance company will reimburse the other the portion they are responsible for. For Example assume you had $1,000.00 damage to your car and you had a $200.00 deductible. It was determined that the other driver was 60% liable for the accident. Your insurance company would be reimbursed $600.00 for damages paid to you. In return, when the money from the other insurance company is received by your insurance company, you should be reimbursed for 60% of your two hundred dollar deductible; therefore your insurance carrier should then send you a reimbursement check of $120.00. It should be noted that normally if you are found to be less then 50% at fault for an accident your insurance company does not have to pay any damages to the other parties involved. In addition, your insurance policy should not be surcharged. However, surcharges are not only determined by who was at fault in an accident. Other things are used to determine if you are a high risk to insure, such as having many accidents even if not your fault, and you may therefore be dropped or surcharged anyway. Also note that if you are determined to be 50% at fault, each carrier will reimburse 50% of damages and you would only get 50% of your deductible. In the case of your accident it sounds as if the other driver is at least MORE than 50% at fault which is in your favor. Be aware that the other insurance company may attempt to apply some negligence to you although not more than 50%. For example your carrier and the other carrier may agree that there was PERHAPS something you could have done to avoid the accident or minimalize the damage, such as swerve out of the way, blow your horn, or stop sooner??? This is all questionable but if this hapens you may be assigned some portion of liability. Usually some percentage between 0 and 49%. If this happens Don't worry your carrier can still deny payment to the other carrrier as you were not 50 % or more at fault. Remember that in order for your carrier to pay out damages to the other carrier you must have been 50% or more at fault for the accident as agreed upon between the two carriers. Technically this does not apply to lump sum settlements made for claims brought against your policy for injuries called (Bodily Injury Settlements), but thats another topic. I hope this info is clear to you and helpful. Please note that some things may have changed since I have not been in the insurance field for over 8 years now but I believe the info I have provided is very accurate. Best of Luck, Chris:smile:

 

This is why we need new laws to protect the consumer from Insurance companies. There are laws forcing us to get the insurance but no way to prtect us from getting continually ripped off by the insurance

It should be the LAW (police or judge and/or jury) that decides fault not the insurance.

I could rant and rave for hours about how the insurance companies are running rampant and taking advantage of us but I don't want to get all worked up over it

 

The Mini held up pretty well given that it was hit by a much larger vehicle. Glad to hear that you're OK. There really is no excuse to be driving on the wrong side of the road - if you end up suing her, be sure to subpoena her cell phone records. You'll probably learn that she was chatting it up rather than paying attention to her driving - and the records are admissible. Clearly sounds like she was completely at fault but in these sorts of things, the more you have, the better off you are. Good Luck!