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Accident: My 1939 Ford Std. Coupe

Discussion in 'The Hokey Ass Message Board' started by bigalturk1, Mar 19, 2012.

  1. bigalturk1
    Joined: Sep 23, 2010
    Posts: 367

    bigalturk1
    Member

    My car got hit (3/15/12) in the rear, by some Gal on a cell phone, and left 20 feet of skid-marks (45mph speed limit area)! She told the Sheriff "She was having a bad day"....WTF!
    I was stopped behind a truck and this ^%$#% smashes into my 39' Ford coupe! Other than being a bit sore (Went to the hospital) my car is probably totaled. It's insured for only 15k, but I won't be able to repair it for that (Unless I can do it myself and find the parts). I called my company and they said 15k is what I'd get from them and they would send me a check if it is totaled. I told them I shouldn't have to settle for that amount because it wasn't my fault and she has insurance. She told me to call their insurance and/or take it to a shop for appraisal. She didn't want to send anyone down, but I demanded it! I'm not happy with my company (Southern antique Ins., formally Heacock Ins.). I am located in South Florida and don't know of a reputable shop near me (Port St. Lucie). I'd like to keep it and have it repaired (Owned 23yrs.).
    The rear of the frame is pushed in and it pushed the trunk area over a bit (Probably needs a rear clip) and the chassis is bent, it twisted the rear spring perch into the gas tank. My car, was pushed forward and hit the rear of a Ford pick-up (No damage to the pick-up or driver).
    It damaged the front of my Coupe (RF fender, Grille, Side hood panels and pushed the nose over a bit), but no front frame damage. I'll need a nose, minus hood. Anyone have a rear clip, or other parts? How about advice of a reputable repair shop, or a good lawyer?
    Florida is going to kill me yet....BAD DRIVERS!!!!
     
  2. She rearended you your a little sore whay are you dealing with a check from "your" insurance company. Hire an attorney that specializes in that sort of thing and replace your car. I know they have them in florida they have them here, they advertise all day long on TV.
     
  3. even if they total it, you should be able to buy it back. hope your ok, that's the important part. a lawyer is a good idea and in the end, expect 2 years, you will make out ok.
     
  4. Mr48chev
    Joined: Dec 28, 2007
    Posts: 35,485

    Mr48chev
    ALLIANCE MEMBER

    Yep get your lawyer to get after her insurance. Before your insurance co goes after them to get their 15K back.
     
  5. 68vette
    Joined: Jul 28, 2009
    Posts: 306

    68vette

    In NC, you hit someone in the rear....you are at fault, you owe for the damages. Period.

    You need to get a copy of the accident report, call their ( not your) ins co., tell them what happened...tell them a claims adjuster needs to see you about REPLACING your car....and set up a time he/she will come and see your car.

    They also owe your hosp bill...

    As for Florida drivers....the last thing you want to do is get behind one in the mountains here, and we are the mecca of retirement/second homes here. You will double or triple your arrival time as to where you are going.
     
  6. 19Fordy
    Joined: May 17, 2003
    Posts: 8,294

    19Fordy
    Member

    Glad your ok. Sorry about your car. There's a guy in Melbourne, FL named Charlie Butterfield of (Charlies's Customs)who builds and restores old cars and customs. He runs his own shop and has been there for years. His phone # is 321-727-7117. Location is: 199SW Shannon Ave. Suite 104, West Melbourne, FL 32904. He will also put you in touch with other guys who specialize in this sort of this. Your're correct. Fl has the WORST drivers and too many of them don't even carry insurance. Hope it all works out.
     
  7. Yep. Consultations are usually free, and a good lawyer will lick his chops with this case. Girl on a cel phone totals a classic car. You really need to see a lawyer ASAP. Your insurance company is in the business to get you paid off as soon as they can, even if they know the payoff is low and unfair.

    Save all of your medical bills you have accumulated so far, and go see a chiropractor. You might not know your back is out of whack. Get looked at.
     
  8. 19Fordy
    Joined: May 17, 2003
    Posts: 8,294

    19Fordy
    Member

    Good points. Your insurance company will want to pay as little as possible as quickly as possible and make this case go away. Get yourself a good attorney and don't sign any medical release forms. In fact, you should immediately go to a doctor to make sure you're ok. Even then, years from now your may have "pain and suffering" exacerbated by this incident.
     
  9. I know you are down right now but they can be fixed,,,this was Randy's old 40 coupe after being nailed in the rear by a distracted driver.

    Another Hamber owns the car now and it looks like nothing ever happened.

    Buy it back and fix it.HRP

    [​IMG]
     
  10. Cerberus
    Joined: May 24, 2010
    Posts: 1,392

    Cerberus
    Member

    I was rear ended by a 18-wheeler. My vette's rear body was smashed good, and I had a bump on my head from the opened t-top frame, and sore neck. I cut ads out of the Collector Car Trader and showed them to the insurance adjuster. I was able to buy the vette back from the insurance company, and I received $3,000.00 for the bump on my head and sore neck. If you don't go to the hospital you don't have a leg to stand on as far as a claim for injury.I sold the vette as-is, after I got the money for it being totalled. In the end, I made $4,000.00 profit on the vette and $3,000 for the injury, total of $7,000.00. I did this without a lawyer. Funny thing was, Kaiser Hosp wrote me wanting the $3,000.00 to cover medical expenses. I told them the check was made out to me for "body depreciation and pain", if they had a claim to contact the truck driver's insurance company. Kaiser backed off.
     
  11. GassersGarage
    Joined: Jul 1, 2007
    Posts: 4,726

    GassersGarage
    Member

    If the car was insured for $15K, that is what the pay-out is. That being said, get an appraisal for your car or have a Rod Shop give a quote on fixing it. Take that to her insurance company and either get the money to fix it or have them find you another car. Also any doctor bills that come in, present them to her insurance company. If her insurance company refuses to pay up, then it is the time to involve lawyers. Keeping in mind that lawyers charge 33% of the settlement or 40% if it goes beyond 90 days. More if it goes to trial.
     
  12. Deadbird
    Joined: Jul 28, 2005
    Posts: 1,189

    Deadbird
    Member

    That sucks. But I'm glad you're OK and not in jail right now for beating her to death with her own cell phone.

    A bad day. Give me a break! :eek:
     
  13. Von Rigg Fink
    Joined: Jun 11, 2007
    Posts: 13,401

    Von Rigg Fink
    Member
    from Garage

    people that wreck into others while on the dam phone should be sued, and heavily..I wouldnt be"ok" after i got hit like that, especially if they were on the dam phone, if you catch my drift?
     
  14. Cincinnati Slim
    Joined: Jun 26, 2007
    Posts: 390

    Cincinnati Slim
    Member
    from Cincy, OH

    Once you get the insurance company figured out, remember Bob Drake is repopping body parts for '40 Coupes, so you are in luck as far as a rear clip. It won't be cheap, but it would be all new steel and easier for a body shop to write up an estimate. You'll have figures printed in a catalog rather than guessing swap meet prices to show an adjuster.
     
  15. Taff
    Joined: Mar 14, 2006
    Posts: 360

    Taff
    Member

    illegal to use a phone while driving over here, suprised it' snot the same with you guys.
     
  16. Weasel
    Joined: Dec 30, 2007
    Posts: 6,698

    Weasel
    Member

    Lawyer up dude and don't sign a damn thing - she hit you, it's her fault. Go after her insurance for the cost of repair. Do NOT accept $15k. Fair market value is what you should be going for and what about your injuries - whiplash etc.? A competent classic car appraiser will be able to give you an valuation pre damage so that you can establish it's replacement cost. Do you have photos of the car to give an appraiser? Lawyer will love this one. Whiplash is a gift that keeps on giving for years - ask me how I know....
     
    Last edited: Mar 19, 2012
  17. dickster27
    Joined: Feb 28, 2004
    Posts: 3,212

    dickster27
    Member
    from Texas

    I think if you will check, Florida is a "no fault" state. Which means you fix yours she fixes here's, no matter who's at fault. I could be wrong and in this case I certainly hope so.
     
  18. Depends on what State you are in. Should be a Federal law as far as I'm concerned but I'm sure the ACLU would consider it an infringement on our rights.
     
  19. gnichols
    Joined: Mar 6, 2008
    Posts: 11,402

    gnichols
    Member
    from Tampa, FL

    Her fault, she pays for repairs. Gary
     
  20. Weasel
    Joined: Dec 30, 2007
    Posts: 6,698

    Weasel
    Member

    Yep it is a 'no fault' state.

    Here's a useful link....

    accident-law.freeadvice.com/accident-law/auto/florida-no-fault-car-insurance.htm
     
  21. Leevon
    Joined: Oct 5, 2009
    Posts: 400

    Leevon
    Member
    from Nixa, MO

    "No-fault" laws commonly apply to bodily injury. The other driver's insurance should still be responsible for damages.

    Being in Florida though, it's highly likely the other driver was uninsured...witnessed this living in Miami many, many times.
     
  22. Nobey
    Joined: May 28, 2011
    Posts: 1,517

    Nobey
    Member

    bigalturk1
    So sorry to hear of your demise... I have a 40 frame I can donate to
    Your cause, if that will help? Just have to find someone to haul it from
    California.....Rich.
     
    Last edited: Mar 19, 2012
  23. jimbob
    Joined: Jun 29, 2004
    Posts: 1,222

    jimbob
    Member

    Same here in Oz, 3 points outta 12 off ya licence for that one.
     
  24. I wouldnt think it should matter that you have the car insured for 15k if they did the damage. Now if it was your fault, I could see the insurance company saying you are only going to get $15k.
     
  25. 48FordFanatic
    Joined: Feb 26, 2011
    Posts: 1,334

    48FordFanatic
    Member
    from Maine


    Unless Florida has "No Fault " insurance you should be dealing with her insurance company. Have you ever had the car appraised? Regardless of what you carry for insurance ( unless she is uninsured ) and if she is at fault , then her insurance should be responsible for the appraised value if the car is totaled .

    Are you sure you are feeling alright? Sometimes injuries like back or neck injuries don't show up for several days after an accident. Call your state insurance commissioner and get the formation you need. Or as someone suggested call an attorney that specializes in this type of thing ....should be cut and dry for those in the know. Good luck , John
     
  26. CJ 56 hemi
    Joined: Oct 25, 2011
    Posts: 107

    CJ 56 hemi
    Member
    from NJ

    This is a good opportunity for all of us to re-evaluate the insured value of our vehicles. For the price of collector car insurance you can increase the value of your vehicle for a nominal fee. This situation is unfortunate, but if your car was valued at 25K it would hurt less. I recently upped my coverage from 15K to 30K with nothing more than a photo and description of all the work I had done on the car. It cost me an extra $50 per year...Just a thought
     
  27. Florida is a No-fault state, you can go after her insurance co. for the difference, but you are going to have to get a lawyer... I have $10K on my POS, but it's not a 39-40 coupe...

    You need to get a Dr. to look at you too, and keep every bill, every gas receipt, every prescription receipt, and keep a log of every phone call to your lawyer, your ionsurance co. and your Dr. You are now a case manager.
     
  28. craftscustoms
    Joined: Mar 16, 2005
    Posts: 219

    craftscustoms
    Member

    One thing I have noticed, lawyers are way more willing to help when there is some sort of injury. A friend of mine had a car totaled by another driver, the other driver got a the ticket. The insurance co was playing hardball and didn't want to give him much. He tried several lawyers and none were interested because there was no personal injury. He couldn't even get a consultation.
     
  29. squigy
    Joined: Nov 30, 2003
    Posts: 3,915

    squigy
    Member
    from SO.FLO.

    Happened to a guy i know he owned the car alllllooong time got rearended in Ft Lauderdale...
    People here cant fucking drive.
    Go see Harold Murphy he can give you an appraisal...
     
  30. Get a lawyer.

    I had an absolutely cherry OT Plymouth Valiant totaled by a city worker driving a front end loader and they wanted to give me a few hundred dollars at first.

    After getting a lawyer, they gave me a fair settlement for the car and we're now haggling over the other bills.

    And yes...after you call the lawyer, go see a doctor. If you've got something wrong with you that might affect you down the road, you'll need to establish that now.

    Take the 39 to a professional shop that specializes in hotrod builds and get an appraisal for it to be made as good as it was before. If that means a new frame, then so be it. If that means new replacement metal, then so be it. 39/40 Ford stuff is not rare and is being reproduced...it's just not cheap.

    Listen, I'm no fan of lawyers and suing people, but you've been wronged and damages have been incurred. You need some professional help getting you back to 100%.
     
    Last edited: Mar 19, 2012

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