Was rear ended on the highway

[Kennydean]

Hello, this was my third outing and the beginning of my vacation I have a 27 foot cougar fifth wheel 2015. I pull it with my ram 1500. I was driving on the highway and was rear ended by a car going 82 miles an hour and they didn’t even put their brakes on so it hit me with full force. The backend of my trailer is damaged and inside there is some damage like the back wall looks like it’s buckled in and pieces of paneling is off and the force of the hit pushed my fifth wheel receiver that was in my slide to the front of the slide back-and-forth. It also pushed my slide out of my trailer about 6 inches. My transmission in the truck does not work and my truck bed almost hits my tires. I am at a campground and I have USAA insurance. I cannot drive the truck or cannot disconnect the truck from the camper. I got a loaner car and went to the doctor and tomorrow the adjuster comes out to check on my truck and camper. Does anybody have any advice that I need to know Before the adjuster comes out to see if my trailer and truck are totaled. I’m all alone I am a wounded warrior with a brain injury I need some advice please as I’m lost in this area. Also I must be off the site Monday morning. Thank you

[jplante4]

CLOSED

[Grit_dog]

Man I feel bad about this. Seems like your ins is jerking you around when they can subrogate everything to the at fault party.
Always hard to tell what's wrong over the Internet, but the trailer seems like it's totaled to me and well, the truck may have escaped major damage easily if it just bent the hitch.

Either way it's in your best interest to get ahold of an attorney yesterday IMO as you're halfway down the road to receiving a halfway fixed camper back.
And the more they do to the camper, the more that's invested in it for repairs and harder to get a total vs repair.
Good luck buddy.

[aguablanco]

sayoung wrote:

Kennydean wrote:
Can a lawyer help with getting a trailer totaled?

After all this time you still haven't talked to an attorney ? The person that hit you and their insurance are laughing their a#% off that you are letting them tell you what they are going to do to you .

While I may have put it more diplomatically, I couldn't agree more. While I hope they can repair the damage as though it never happened, that is probably the least likely outcome you could experience. I mean no offense, really, but you are letting an adjuster who, most likely, gets a bonus for settling a case for less than the expected amount tell you what is going to happen to your property that his insured damaged. If you will not seek legal advice please stop asking for it here.
RichH

[sayoung]

Kennydean wrote:
Can a lawyer help with getting a trailer totaled?

After all this time you still haven't talked to an attorney ? The person that hit you and their insurance are laughing their a#% off that you are letting them tell you what they are going to do to you .

[Kennydean]

Can a lawyer help with getting a trailer totaled?

[Gulfcoast]

My free advice.... CONTACT AN ATTORNEY IMMEDIATELY.

[Kennydean]

Note from $17,000 adjuster to site $8000 plus I bet more adding the things they left off.

[Kennydean]

Hello, yeah a lot has gone on. I have the truck back there are two supplemental’s that didn’t get fixed yet and you’ll give a estimate of $1059 to have the slide hitch repaired. On the trailer they estimated $8000 now to fix it. When they called to tell me that the parts were almost all In and they would let me know when all of them came in I asked her to send me what they were going to work on And fix. After reading what they were going to do. I sent a list of 10 more things that was clear in sight if they looked and if the adjuster wrote what he said he did. The service manager said he would write it up in The supplemental paperwork whatever that means. I did my best to check out what the bluebook was on my trailer. It’s a cougar fifth wheel 25 RKS and I see it between 17000 and 19000. I wonder what the diminished value is to it. I wonder if they would add the diminished value towards the cost of fixing it? And I’m sure it’s gonna be more money after they fix the items I told them that needed to be fixed. They said they already ordered the parts so I guess I’m kind of stuck . Having to have to get it fixed and not trying to get it totaled. Any ideas out there

[badsix]

nothing new in the crash? I hope everything is all right with him.
Jay D.

[2_many_2]

badsix wrote:
to add to my post above DON'T SIGN anything until you talk to an lawyer.
Jay D.

Also, I would not give a recorded statement over the phone or in person.

[badsix]

to add to my post above DON'T SIGN anything until you talk to an lawyer.
Jay D.

[aguablanco]

westernrvparkowner wrote:
You might want to work into the conversation with the adjuster the fact you have GAP insurance and you are upside down. He may take mercy on you (and realize you come out net the same with a low retail settlement as you would with a high retail settlement). That could be a win/win for both you and the insurance company. For the GAP insurance provider, not so much. Be sure to do your research on the GAP insurance before you do anything. You don't want a problem to arise. Anybody out there think this is a bad idea??

Asking for assistance from someone, or some company, whose only purpose is to get rid of the problem as inexpensively as possible seems like desperation to me, and it will most likely be taken as weakness by them. You cannot rely on "The kindness of strangers" in this situation. Why let them use the GAP insurance you paid for to limit their liability? While I see myself as a fair person, and I am certain you see yourself as one also, why should you be concerned with allowing them a win? Their insured rear ended you! Let them take responsibility and resolve the matter to your benefit and approval.

You may also seek the advice of a Private Adjuster in place of an attorney. I would be in my insurance agents office letting them know that I am not happy with their current level of representation and would be asking them to step up to the plate and make certain that I am made whole for my entire loss including, loss of use, full repair or replacement, medical costs and whatever else you have been denied because of the negligence of the at fault driver. One doesn't have to be rude to be made whole, but being assertive is almost always necessary.

BTW, I agree with others who have said the $1000 estimate on the truck seems low. There will, most likely, be issues down the road and you will not want to deal with them when they surface. And neither will any insurance company.
RichH
Not an attorney but been in a few accidents in my life.

[2_many_2]

badsix wrote:
GET A LAWYER NOW! DON'T STALL ANY LONGER! find one that specializes in auto accidents and will handle it on a contingency plan, YOU DON'T PAY ANYTHING, LAWYER COST COME FROM THE SETTELMENT. you shouldn't have a problem at all. the other insurance should be paying all your cost, everything.
PLEASE GET THAT LAWYER NOW! IF your NOT CARFULL your going to get SCREWED.
Jay D.

X100. I had an accident like yours and I did not get an attorney at first and that was a BIG mistake.

This process will take a year and you will be overwhelmed before you know it.

Do exactly what the above statement says and everything will be taken care of.

An attorney will do things that you have not even thought of yet.

PLEASE do not wait any longer!

[badsix]

GET A LAWYER NOW! DON'T STALL ANY LONGER! find one that specializes in auto accidents and will handle it on a contingency plan, YOU DON'T PAY ANYTHING, LAWYER COST COME FROM THE SETTELMENT. you shouldn't have a problem at all. the other insurance should be paying all your cost, everything.
PLEASE GET THAT LAWYER NOW! IF your NOT CARFULL your going to get SCREWED.
Jay D.