My grandfather was in an accident back in October in his 99 Dodge Ram 1500 Club Cab with around 80k miles on it. He was sitting at a stand still waiting for oncoming traffic to slow down so he could make a left turn. Some idiot 16 year old wasnt paying attention and hit my grandfather in the back end going 65 mph. The towing hitch and receiver is what saved his life, seriously. The hitch was completely crushed. The truck didnt look too bad until we started looking underneath it and after we drove it a few times. The transmission was just replaced and now its not changing well, but the insurance company refuses to check it because they don't find it related to the wreck.

The initial estimate was $5500 at the collision center and GMAC's adjuster took it down to $4500. I figured it was totalled, but the adjuster said the truck was worth $8000-$9000 which I can't figure out how. The truck has no extra options with it other than side steps and a tonneau (Sp?) KBB's and NADA's value is around 8,000 in excellent condition, and this truck has been wrecked twice and fixed so theres no way its excellent.

Anyway, its been in the shop over a month now and they keep finding more and more wrong with it. The frame is FUCKED. They have bondo EVERYWHERE and they arent replacing half the shit that was on the initial estimate because GMAC told them it didnt need replacing. The collision center has now brought the estimate to $6500 and thats just for the back end of it, they havent started on the cab and the inside where the cab was smashed and the back seat flew into the front seat it was hit so hard. The insurance company keeps telling the collision center to fix it, and they won't total it! Its obviously over 75% of the value and I guess they think we're idiots. The collision center said it was probably totalled at the first estimate, and now they are expecting over 10k after they redo everything and the paint. I have called the insurance over and over to see whats going on, but they keep telling them *just fix it and we'll pay for it*, and they refuse to return my calls.

I thought it was illegal to do that after the 75% value? Any advice? I've spoken to a few lawyers and they want to charge so friggin much its crazy, and the insurance company won't return my calls. I'm worried that my grandfather is really going to lose a lot out of this. We spent 3k for the new transmission less than a year ago, and its fucked. The truck has lost so much value its rediculous, and now hes gonna have to trade the truck and get nothing for it.

Thanks for listening to me rant. I figured you guys would know more about this than I would.

[Edited on December 7, 2007 at 7:21 PM. Reason : ]

12/7/2007 7:14:01 PM

you can file a claim with the better business bureau. i have done it a couple times with my home warranty company. basically i have run into similar scenarios where they won't return phone calls but usually when you get the BBC involved, they will be more attentive. all the information is on their website for you to file a claim. having exact information and dates is good when you file the claim, as much detail as possible will help your case. goodluck!

12/7/2007 7:37:24 PM

since he's your grandfather i'm going to assume he's 65+. Tell him he suddenly has back pains and sue the fuck out of the kid and his insurance. At his age I'm sure he's got something after that accident.

12/7/2007 8:06:30 PM

yeah my grandfather, his wife, and my uncle were all seriously injured in the wreck. my grandmother hasn't recovered yet and has a HUGE purple knot about the size of a honeydoo on the back of her neck from hitting the front of the seat when she flew back. they're probably gonna sue but hes just waiting to see how bad things get with the truck first - it should have been totalled

12/7/2007 8:22:09 PM

Call the Atty generals office

12/7/2007 8:55:38 PM

yeah, if they are all seriously injured I'd definitely lawyer up. At this point the truck is small potatoes in the greater view of things. Considering the medical costs for just 1 of them will be a lot higher than the trucks value new.

12/7/2007 9:11:42 PM

the lawyers we've spoken to said its gonna be hard proving that they were hurt really badly though - they had no broken bones, just whiplash and contusions and possible concussions, but they hurt all the time and are having a hard time getting around

the way the lawyers talked is that it would take a long time to get through the lawsuit and since they are both retired and disabled, it would seem that their injuries couldnt have made them much worse than they already were

my grandparents refuse to go to their doctors because their doctor is asking for the money for bills up front since they dont file liability insurance claims, and they will have to be reimbursed - and the emergency room says that theres nothing that can be done because its going to be a long term problem and its not an emergency

the doctor bills are around 12k right now and the insurance has no problem paying them, we're just worried about the future though - i doubt we could get more than 100k and it would take years to get it and i dont think my grandparents have much longer to live because they werent in the best of health to start out with

12/7/2007 9:17:24 PM

if you take money now you can't sue later. I say find a competent lawyer. This guy seems like a jackass. R u sure he doesn't represent the insurance company as well? I had a co-worker who had problems with his health insurance and it turned out the advice the lawyer gave him was crap because she represented the insurance company as well.

12/8/2007 11:25:18 AM

Im pretty sure they dont work for the insurance company. I called random ones I found in my area that handle accidents. We've decided to call a few more lawyers Monday and figure out whats going on. We're worried about the replacement for his truck until they figure out what they're going to do though. Since the truck has been in the shop for 2 weeks (and 1 week about a month ago to check the transmission) he has another week to have it in there before they yank the rental truck. So hopefully they will figure out something soon.

12/8/2007 12:51:27 PM

Jesus it was hit at 65mph?

12/8/2007 2:20:42 PM

Yeah, the speed limit was 55 in the area (501 North heading towards South Boston) and my grandfather was turning into a store on the left hand side, and this kid wasn't paying attention and said he was going around 65 at the time of impact. He was driving an old Ford car and hit the bumper and the hitch directly. His engine looked like it was in his back seat, yet somehow he didnt get hurt, and the funny thing about it is a truck load of people pulled up behind him and helped him get beer cans out of his car before the cops came there. Anyway, since he hit the hitch which was obviously attached to the frame, the frame is warped. The bed of the truck moved over 5 inches into the cab and broke the backseat out of the truck. The front doors are not aligned and will not shut correctly. It jammed the front 2 seats and knocked the battery out of the box and into the hood, which damaged the hood. I couldn't believe how much shit was wrong with the truck and how they won't total it! I'm just glad that my grandparents are alive.

[Edited on December 8, 2007 at 5:36 PM. Reason : ]

12/8/2007 5:34:09 PM

get a good lawyer is all i can say

12/8/2007 10:05:40 PM

get a good lawyer is all i can say

+

tell him you want him to go after money from the insurance company like a vampire goes after blood.

Then sit back and let him do his thing.

12/9/2007 2:15:39 AM