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

[winnietrey]

I am not an attorney, I believe Down the avenue is, so hopefully he/she will chime back in.

But you might consider the following.
1) I would not take the adjusters word on the frame as gospel, if you are concerned, pay on your own if you have to , get it checked.

2) I believe as you are not the at fault party, you can have the trailer repaired at a facility of your choice.

3) Camping World, may well hold a contract with USAA, in which case they will repair the trailer cheaper, but the will use after market parts, not OEM parts. and the will not search for hidden damage. As they are trying to meet a price point to get the business. I believe you have the right to demand OEM parts, as you are not the at fault party. I would if it were me, for sure get another estimate or two.

4) Loss of use, this is something the insurance is not going to tell you about. You may well have that coverage, so under the policy terms, you are owed compensation for the down time.

5) As you are probably figuring out, you are playing in their ballpark, and you like me, do not know the rules. Which is why I strongly suggest you hire an attorney.

6) I agree, it is a giant hassle, but end of the day only person looking out for you, is you and your attorney. If you end up with a poorly repaired trailer, that 2 years from now is falling apart, I guarantee, the insurance company response is going to be, (sorry to hear that, but unfortunately, nothing we can do, followed by a click)

[sayoung]

Kennydean wrote:
If I call an attorney will I be obugated to have to have that person. If I have questions but what questions would I ask. Would they be interested in answering my questions if I am not obugated to hem?

Call around & ask. You should have no problem getting an attorney to listen to your story then telling you what they would do for your situation. It's time to let the attorney tear em a new one. Unless you both have old cars, your computers will give info such as speed at time of impact & the cops should have checked her cell phone to see if she was talking/texting or dui. To not see the backend of your rv, she was not putting driving as her main focus. Your trying to be nice to both your & her insurance & you forget they are doing all to not pay. IMO, Dealing with them is like trying to pickup the clean end of dog poop.

[Kennydean]

Thank you

[Bird_Freak]

Something you also need to ask and get in writing is repair time if Camping World is going to repair. I have dealt with CW in Chatt. and was not happy. Make them give you a repair by date in writing.
They should figure in diminished value on their own but make sure you mention it.

[Kennydean]

I have looked up and searched fair value for my trailer and it’s anywhere between 17,500 to 20,000. I owe 22,450 and have gap insurance .just don’t known how they figure the costs and such

[Kennydean]

If I call an attorney will I be obugated to have to have that person. If I have questions but what questions would I ask. Would they be interested in answering my questions if I am not obugated to hem?

[Kennydean]

Hello all you friendly folks. Much updates from last message. I did receive the the police report from my insurance and the lady was 100 percent at fault. The report said she wasn’t distracted BUT she did not notice my trailer until she hit me. Hum... report had me going about 60 and said nothing about her speed. She has insurance from MI and usaa said they have worked with that insurance in the past but I do not know her coverage. Now my truck the dealership said about $1000 worth of parts and labor . Something to do with transmission. Insurance said because the adjuster said the truck frame wasn’t bent they wouldn’t pay to have it checked out at a body shop. I will drive down to Chattanooga Monday morning to the dealership as the adjuster is going to look at my slide. Before he just looked at it but it took some time to dislodge it when they hauled the truck off. Now he said he will take pictures heck with the force it took I am afraid that it is strong enough to use again. I will be there when he checks it. Now concerning my trailer before he said it was totaled would cost around $17,000 to fix . Now he says camper world said they can fix it. I asked how much is it goin to cost he said can’t tell me. Total different info. Usaa did tell me there was a team working on the RV figuring out cost to tear it down to see what’s wrong with it? Don’t know if it was the slide he was talking about or all the damaged areas. Wow! I am shocked and confused. I do have medical issues but overtime I am holding I will be fine. Any words of advice I might need Monday when I am with the adjuster? What happens if I get hundreds of miles down the road or a month later and I have truck issues. Any advice on trailer? A friend who was in insurance said to tell Ussa that I want diminished value on the truck and on the trailer ? Could this help to get the trailer totaled? Any advice would be helpful. Thank you

[time2roll]

Kennydean wrote:
I asked insurance about hotel they told me that they don’t provide that I could keep the receipts and try to get it back from the other insurance .

With this statement I would at least consult an attorney.

[sayoung]

rhagfo wrote:

westernrvparkowner wrote:

sayoung wrote:

Cummins12V98 wrote:
"Be prepared to pay that "meanest junkyard dog lawyer" 40 percent of your money."

What happened to 1/3 plus expenses? I suppose it could end up being 40% but what I stated is Industry standard.

Personally I would represent my self for anything beyond basic replacement that your Insurance company should handle.

Around here 1/3 and 40% if case goes to court & you win a judgement. You go after the moron who was speeding ( unless the accident was on Tx Hwy 130, 85 limit) for every dime he has or ever will have.
My son the attorney likes to remind folks that anyone representing thier self in court has a fool for a client :S He is strictly a counselor for a major corp advising on policy's/procedures that keep them out of legal problems.

On what basis would you expect to win "every dime he has or ever will have?" Insurance is eventually going to cover the RV and the tow vehicle. Any injuries are going to also be covered by insurance. There apparently are not massive injuries, so any recovery for "pain and suffering" will be limited. Generally the standard is two or three times the amount of medical expenses unless there are permanent disabling injuries. Every auto accident is not necessarily a winning lottery ticket. The only thing bringing in a lawyer at this point will accomplish will be to take a couple of month's settlement time that the insurance company will take and turn it into a couple of years. Most people would rather just get on with their lives than wait on the legal system to grind out a settlement that is basically the same as they could collect today.

Insurances company's tend to pay out based on low retail, not replacement cost. You really need to fight to get a decent settlement.

You have to remember that sometime in the future you could start having medical problems directly as the result of the accident. This is why you go after the limits of the at fault persons policy and in the case of serious injury you go after more and throw in punitive damages. If the driver hit this rv from the rear while speeding or texting or whatever distraction, go after everything they own or ever will, you might or you might not win a judgement but is what needs to be done .
I get amazed on our major roads with the 75mph limit or 80 if in west Tx, this isn't fast enough for 60-70% of the drivers and blows my mind when 6 or 7 come around in the passing lane almost drafting like a NASCAR race. Your poor judgement causing a bad injury accident should bring conseqences

[winnietrey]

As a Chiropractor for 40 years, having been involved in many hundreds of these cases this is my take.

!) should someone present to my office, and I pick up on "I just hit the lottery attitude" I will not take you as a patient And neither will any self respecting PI attorney for that matter.

2) this is what I tell my patients, if you do not mind confrontation and you are a skilled negotiator, and you know the laws etc, then do it on your own. I suspect WPRV owner falls into that category.

3) if you are none of the above, then get an attorney. End of the day he will pay for him or herself, and get you as much as you could get on your own( even if you are a skilled negotiator)

4) remember this, when the adjuster calls, seems very concerned asks how you are doing and so on. They are trained to do this, they go to class. For the most part it is a script.

6) I am sure adjusters are nice people, probably someone we would not mind hanging out with. But their job is to limit the liability of their company, they have little interest, in making sure your compensation is fair.

7) if you as a patient, consult, a Doc or attorney, And you pickup, from them, a vibe that, they think, they just hit the lottery, with your case, then run away. I guarantee it will end badly for you if you do not.

Just my take, after 40 years

[Grit_dog]

2012Coleman wrote:

westernrvparkowner wrote:
Every auto accident is not necessarily a winning lottery ticket.

So true - but many people think it is.

Like me, the OP has USAA insurance. He's not going to get screwed by them - stated from experience with their claims process.

Hope that's the case. Problem is, idk if the OP knows where to start to help protect his assets.

[Grit_dog]

Hopefully kennydean is getting his case moving here towards settlement.
Poor fellow, I think didn't know what hit him both literally and figuratively.
Wish him the best luck in getting this settled.

On the same note, if you're in an accident that you believe is not your fault, AND you're not seriously injured (IE can work to sort it out right away vs being carried away in the meat wagon), do your best to get the other's insurance info immediately and do your best to NOT have your insurance info entered on record (police report). Trust me, even if you get a no proof of insurance ticket (which WILL be dropped when you prove insurance at the time of the incident), it will be the best thing you did that day.

10 people will refute this theory before the thread dies and that's perfect. Because if you smash into me, I want YOUR ins info, thank you very much.

[2012Coleman]

westernrvparkowner wrote:
Every auto accident is not necessarily a winning lottery ticket.

So true - but many people think it is.

Like me, the OP has USAA insurance. He's not going to get screwed by them - stated from experience with their claims process.

[rhagfo]

westernrvparkowner wrote:

sayoung wrote:

Cummins12V98 wrote:
"Be prepared to pay that "meanest junkyard dog lawyer" 40 percent of your money."

What happened to 1/3 plus expenses? I suppose it could end up being 40% but what I stated is Industry standard.

Personally I would represent my self for anything beyond basic replacement that your Insurance company should handle.

Around here 1/3 and 40% if case goes to court & you win a judgement. You go after the moron who was speeding ( unless the accident was on Tx Hwy 130, 85 limit) for every dime he has or ever will have.
My son the attorney likes to remind folks that anyone representing thier self in court has a fool for a client :S He is strictly a counselor for a major corp advising on policy's/procedures that keep them out of legal problems.

On what basis would you expect to win "every dime he has or ever will have?" Insurance is eventually going to cover the RV and the tow vehicle. Any injuries are going to also be covered by insurance. There apparently are not massive injuries, so any recovery for "pain and suffering" will be limited. Generally the standard is two or three times the amount of medical expenses unless there are permanent disabling injuries. Every auto accident is not necessarily a winning lottery ticket. The only thing bringing in a lawyer at this point will accomplish will be to take a couple of month's settlement time that the insurance company will take and turn it into a couple of years. Most people would rather just get on with their lives than wait on the legal system to grind out a settlement that is basically the same as they could collect today.

Insurances company's tend to pay out based on low retail, not replacement cost. You really need to fight to get a decent settlement.

[Cummins12V98]

Yep there is a formula for every type of injury and $ spent on medical. I was told these formulas by my Agent of many years.