• Hi Guest! Being a Paying Supporter is NOT a requirement to participate at BCF. However, subscribing will help ensure we can continue to serve the LBC community for years to come. If you enjoy BCF and find our forum a useful resource...Please consider supporting us by **Upgrading**
    (PS: Subscribers don't see this banner)
Tips
Tips

TR6 Got in a wreck - need some help on who to take it to and what to check

ichthos

Darth Vader
Country flag
Offline
Hello,
Got rear ended on the freeway by a truck. Caved in my rear bumper, dented in the trunk area slightly, and broke one of my tail lights. Hit me so hard that one of the steering u-joints busted and sent me from the slow lane across the freeway toward the fast lane because I had no steering. Guess I was pretty lucky. I need some help/suggestions on what to do next. Do I need to have the frame checked at all? Can anyone suggest someone who works on older cars in my area? I live in Rochester, WA. I am south of Olympia, but would have not problems going as far north as Tacoma or as far south as Chehalis/Centralia. Of course all of this is contingent on my fixing the steering. Any help would greatly be appreciated.
Kevin
 

Kleykamp

Jedi Trainee
Offline
Sorry to hear. Not from your area, so can't help with shops etc. Are you or the other driver insured for the damage? If so "enlist" the assistance and advise from the insurance company. Many recommend shops and provide a guarantee on the work. Contrary to what you might hear from well intentioned advisors, the insurance adjuster might be your best friend. I spent 35 years in insurance claims and always took extra steps to help a fellow "car guy". I found that usually the guy that had a bad experience with insurance was trying to get more than he was entitled to. I'm sure a lot may chime in with advise, but the laws vary in each state. That being said, you are the owner of the car and have the final options.
 
OP
I

ichthos

Darth Vader
Country flag
Offline
The truck that hit me was a company truck. The owner wants to do this off the insurance, so I guess I don't have that option. If I contact my insurance (Hagerty), however, do you think they can give suggestions for my area?
 

TR3driver

Great Pumpkin - R.I.P
Offline
1) You got hit in the rear hard enough to pop the steering apart. _Of course_ you need to get the frame checked!

2) Their obligation is to "make you whole". If you and they are willing to do that without getting the insurance company involved; that is fine. But _do not_ cut corners to save them money! That is just silly.

My approach would be to figure out what you would willingly have sold the car for (before it was wrecked) and tell them that's the price, and that you want cash, up front, now. The company is trying to pull a fast one on their insurance company, which means they will happily do the same to you if they can. Besides, I suspect the price won't be that far off of what it would cost to have it repaired properly. There is undoubtedly a fairly small window of time where you can report the loss to their insurance company, so if they string you along beyond that point and then refuse to pay ...

I also wouldn't even consider driving it until you or someone can inspect carefully for frame damage. When my 59 TR3A got wrecked, I thought the frame was probably OK, perhaps just slightly tweaked. But once I got the front suspension off, I found that one of the mounts was torn away from the frame.

If you are a AAA member, they may be able to help with a shop that will work on it.
 

2long

Jedi Trainee
Country flag
Offline
Since you got rear ended under the circumstances you describe, it is likely the fault of the other driver. You should probably contact your own carrier, and they can chase the company and/or their policy. Presumably Hagarty could also pay for the repairs and recover their costs and your deductible from the truck company and/or their policy. You shouldn't have to negotiate any compromise at all. As Randall says, if they pay you your full cash value of the car that might be enough. It is probably a good thing that it is a company rather than a judgment-proof individual, because if insurance is inadequate you may have a good legal claim for any amount beyond the insurance.

Dan

this isn't legal advice, just my 2 cents.
 

Tybalt

Jedi Trainee
Country flag
Offline
I agree with 2long on getting your insurance company involved if they are trying to go around their own insurance company. I'm sure there's some example out there where someone came out OK when the at fault driver's insurance was left out of the picture, but I sure don't know of any. Whenever I've known or heard about a case where the at fault kept their insurance out of it, the outcome was not good and much more complicated than it needed to be.

As for the who/where to take it, here's a link to a VTR affiliated club in WA. You might contact them and see what they have to say over and above what they have in the "TR Links" section of the site. Other collector car type clubs might also have a list of and information on shops as well.

https://www.tyeetriumph.org/
 

dklawson

Yoda
Offline
You said you use Hagerty. I see involving Hagerty (either directly or indirectly) as key getting this settled.

I would discuss with Hagerty that you were on a pleasure drive when you were hit and let them know the other driver wants to settle outside of insurance. They may say "Fine... call us if it doesn't work out" or they may say you should absolutely not pursue that. Regardless, ask Hagerty about body shops in your area. They may have a list of shops who have worked on other classics insured with them.

You chose Hagerty and therefore have the car insured for what you feel it is worth. You should explain what that means when you discuss this with the truck's owner/company. Explain that fixing a classic is not going to be done on the cheap and that the repairs have to be top notch. They may change their mind once they see what it is going to cost. The truck owner/company is probably thinking he hit an old car and it will only take a few hundred dollars to fix. Figure $500 per panel plus the bumper, rear lamps, steering, plus any frame work. Without seeing your car I anticipate over $3000 in repairs which is likely to be more than the guy wants to pay out of pocket unless he already has points on his license/insurance which would be significantly worsened by reporting this accident.

Oh... and none of your selection of the body shop should in any way involve your fixing the steering. It is the other driver's responsibility to make you whole. It is their responsibility to pay for all aspects of the repair including transport to the body shop. If that means a flat tow or roll back truck... so be it.
 

PAUL161

Yoda
Silver
Country flag
Offline
Hagerty is a very good insurance company! From experience, I know they will do what ever is necessary to help you. Report it to them now! Forget the nice guy approach to the company who's truck hit you! Get Hagerty involved as soon as possible. Nice people and an asset to our hobby! PJ
 

Kleykamp

Jedi Trainee
Offline
OK, so it starts.
1) I'm not a Washington lawyer, so I don't know the laws in that state compared to others. But, I can tell you that statutes in each state are more specific than "make you whole". While that is a figure of speach, the statute will generally say something like " The difference between fair market value before and after the accident" and will go on to qualify how fair market value, or that difference is determined, whether by the actual cost of repair or pre-accident value less salvage value. They do not owe to pay you what YOU think your car is worth.
2) Commercial Liability insurance is different than a personal auto policy. They,in some cases,may have a liability deductible just like you have on your own policy for your collision cover..except Hagerty does not have a deductible. Reporting a claim on their policy will almost automatically cause them to get a rate increase. They probably feel it is more economical to pay for your damage than have the rate increase. I agree this is a little self serving to them and they may change their mind when the estimates roll in. I agree, do not dilly dally around with them too much if at all. The police report will list their insurance company and you can also contact them yourself if they refuse to contact them. So, get a copy of the police report...hopefully one was made!
3) If you have the same Hagery policy I have, it is a Agreed Value Policy. Basically you told them what you thought your car was worth and they agreed to insure it UP TO that value. The policy will pay for repairs up to the agreed value. If you are a novice at insurance claims, you may want to contact Hagerty first. They can handle it for you, then subrogate for the money back from the other company, as Dan stated. However, if you choose to "go it alone" you will find yourself negotiating either the repair cost or value of the vehicle. The value of these cars is not cast in stone and each one is different. So do your research and be realistic. Another figure of speach is "they owe to put you back in the condition you were in before the loss". Again the statutes spell out exactly how that is determine in each state. If your car has NEVER been wrecked they could... potentially... owe you for the decrease in value, after repairs, due to deminished value.
4) Don't get in a rush. Take your time to make sure what you agree to is the correct decision for you. I'd start by getting a few reputable shops to look at your car and give an estimate to make sure it is even repairable within the value. Also do some research on value. I'm sure you have a pretty good idea what you think your car is worth. They won't pay $6000 to repair a $4500 car. I have no knowledge of your car, so I'm just throwing figures out. The important thing is that you feel you came out OK in the end.
It sounds as though you were not injured, which is a good thing...or you're just worried more about the car than yourself! If you have other "normal" cars that aren't insured through Hagerty, your agent may be able to put you on to some reputable shops in your area. Good luck and keep us posted on how it's going.
 

poolboy

Yoda
Country flag
Offline
If you were in Louisiana, the lawyers would be lining up to take your case against a company who's vehicle rear ended you.
They have one guy in New Orleans, who starts his TV ad with "If it has a company name on it CALL ME"
 

Billm

Yoda
Offline
Kevin
It is a long way for you to go to Renton but "Harold's Auto rebuild" (in Renton) is an extremely good frame and body shop-
They did my Sprite and MGA. VERY reasonably priced and excellent work.
They WON'T do final painting but will do everything up to that.
BillM
 

smaceng

Jedi Knight
Country flag
Offline
Hi Kevin,
I looked up the rules for WA regarding reporting of an accident. https://app.leg.wa.gov/RCW/default.aspx?cite=46.52.030 stated that both parties are required to notify the WA DMV of an accident within 4 days if the damage is greater than $700 or there are injuries. This will help protect you if the other party does not pony up with the money to fix your car.
Scott in CA
 

bobhustead

Senior Member
Silver
Country flag
Offline
While I am not admitted to practice in Wa., I have been a lawyer for about 40 years. Make sure this is reported to the police and your insurer immediately. Your insurer has primary responsibility to you and is then entitled to enforce your claim against the other driver (called subrogation). Failure to report may impair your rights.
Bob
 

LarryK

Darth Vader
Gold
Country flag
Offline
Why are you paying for really good vintage insurance if you do not want to use it. Obviously the truck company thinks nothing of your car and will weasel out of restoring it to original condition. Report to insurance, get a police report. You could have been killed as you crossed lanes and left your family high and dry. The driver was probably distracted and does not want to report to his company as he probably has done this more than once. Unless you can live with a lesser car as to botched repairs and ride afterwards do the company thing. If you want guaranteed repairs get Hagarty in on it. So then your car won't be a worthless piece of junk.
 
OP
I

ichthos

Darth Vader
Country flag
Offline
Thanks for all the help everyone. Still thinking about all you wrote. Seems very overwhelming on all the things to know. A highway patrol officer did cite the other driver for a number of violations. Basically I guess the consensus is that I should not try to settle on the side? I never thought about the fact that it would be basically fraud to not tell the insurance company. The officer wrote a report but I do not have a copy. He obtained insurance and license information from. Each of us and gave us copies. I will report this to the dmv. Oh, as an update now that it is light it looks like what happened is that when I was hit I pulled the steering wheel so hard that the u-joint slipped off the rack--it isn't broken. Should I still get the frame checked?
 

dklawson

Yoda
Offline
Yes. Get the frame checked.

I don't think there was any real division or contradiction about what everyone has suggested, only clarification regarding what the insurance terms mean. To summarize what I read: Get a copy of the accident report. Report the accident to the DMV and Hagerty regardless of how this is settled.
 

pdplot

Yoda
Bronze
Country flag
Offline
I'm also a lawyer with over 50 years experience and a TR6 owner, insured by Hagerty as well. I agree with those who told you to (a) get a copy of the police report;(b) report the accident to Hagerty and give them a statement as to the facts of the collision, and (c) fill out an accident report to the DMV being careful as to what you say, e.g. don't say too much. A simple statement of fact is fine - "Got hit in the rear while waiting for a light". Most accident report forms - at least in CT - contain a box for road conditions. I assume the road was dry so he had no excuse for hitting you since you were stopped. If you try to settle directly, do not even think about it until after you have obtained a complete estimate including possible frame and steering damage, some of which might not show up until later. Under these facts, I think Hagerty will treat you fairly after making sure the defendant carried adequate liability insurance. And by all means let us know what transpires as this could happen to any of us.
 

jfarris

Jedi Trainee
Gold
Country flag
Offline
When my Boxster got rearended five years ago, I looked for the shop in Birmingham that did only high end cars (even though the Porsche dealer has a body shop). I was satisfied and am still driving the car. Ask a Mercedes, Lexus, or Porsche dealer that doesn't have their own body shop who they use. That shop may or may not want to take on a car this old. There are two hot rod/restoration shops in my area that work on sports cars, they would also do collision work on an older car.
Good luck!
 
Similar threads
Thread starter Title Forum Replies Date
AngliaGT Got Lucky Today - CHECK THOSE BOLTS! Spridgets 6
AngliaGT MGB FINALLY Got the Engine Out MG 5
DrEntropy Just got a new book Lotus 3
AngliaGT Got a Lot of Waves Today Spridgets 3
S Pre-War my hood problem got worse! Triumph 6
jackq General MG Got a room full of MGs MG 11
T TR4/4A Why is the new voltage stabilizer I got marked with 'top"? Triumph 4
Jim B. T-Series I got a trophy MG 8
V TR4/4A Learned to drive in my father's 1958 TR3 58 years ago, never got over it Triumph 3
simon1966 Rain cleared up so finally got out. Austin Healey 31
A TR2/3/3A TR3 Gods were good to me, got pistons out of calipers today Triumph 1
S TR2/3/3A got this with my last project car Triumph 2
davester Just got my Sprite back [in pieces] after 42 years...need advice Spridgets 8
N Just got back... Spridgets 0
AngliaGT Got A New Tow Vehicle Other Cars 5
Jim_Gruber New Shoes, New Shoes Bugsy got to show off his new shoes today. Spridgets 6
T TR2/3/3A What is best way to flush engine after antifreeze got in oil?? Triumph 2
D TR2/3/3A Someone got a deal on e bay Triumph 5
simon1966 Anyone got a 100 being transported? Austin Healey 10
vette Guess What I Got For My Birthday? Austin Healey 5
dougie Your Got to Love this Jaguar 4
Mickey Richaud General MG Got a Spare $2000? MG 6
B MGB Got the Vredesteins! MG 8
D TR2/3/3A Now realize what a deal I got with my TR3 Triumph 14
anarchy99 A NEW [OLD] toy just got delivered to the house... Other Cars 10
AN5Sprite How My Sprite Got Me Through A Blizzard... Spridgets 6
trrdster2000 GT6 Finally got a photo of some of our work on the Spit 6 Triumph 2
steveg Odd problem but it got me home! Austin Healey 9
F J hooks an wing nuts for attaching hard top to body BT-7 - anyone got photos? Austin Healey 5
bugedd Got her leveled out, now with different wheels Spridgets 11
RickB MGB Bought 1980 MGB and got it home - head gasket? MG 15
K Wedge Got A Wedgie.. Triumph 15
bugedd Got some wheels Spridgets 20
B TR2/3/3A I think I've got the wrong seats. Now what? Triumph 13
J Got a new tool for Xmas, tested it this week Restoration & Tools 5
C New Guy here, Just got killer news Austin Healey 18
P AH BJ8 hood frame spring where I got hooked Austin Healey 3
B Got permission to sell Audry's 1972 Clubman British Motor Corp 3
drooartz Off Topic Got to say, I'm thankful for Moss Motors MG 5
dcoplan I've got a twisted camshaft-to-oil pump pin. How to fix?? Spridgets 1
catfood We got visited Spotted 6
F MGB Finally got my 78 MGB on the road MG 5
S Got my Heritage Certificate Spridgets 2
T TR2/3/3A Time for a Battery, what ya got? Triumph 15
WillR MGB Got the call this morning! MG 6
drambuie Look what I got for Christmas! Austin Healey 12
J Got my Heritage certificate but nothing new came on the sheet British Motor Corp 2
E Got the side exit exhaust installed on my Austin Healey-Video Austin Healey 21
Z TR4/4A got the Tr4 running, however.....Breather tube leak normal? Triumph 14
B WOO HOO! Doors are finished! Finally got the panels on, door pulls, handles & cranks Spridgets 9

Similar threads

Top