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I'm going by what the OP posted....40 mph. As far as insurance premiums rising...if we had folks that didn't drive like a maniac, premiums would not rise.

So if you were in an accident and you and your family was injured or heaven forbid killed....you would not hire an attorney?
Ok, before things get heated here is a pic of the other driver's Jeep.

After reading the reply's I appreciate everyone giving their advice and it is very helpful. Nobody wants to have to deal with a wrecked truck afterwards especially after they bought it brand new. I'm more vested into this truck because it was a present to myself after I retired and worked by butt off to get it.

That being said, there is no way I could know for sure how fast he was going. It's an estimate base on experience is all. I was stopped on the freeway because there was another accident about 2 mile ahead of me that I was sure everyone on the road could see with cops and EMS.

The other driver had a woman and a kid in their Jeep but didn't seem to be in a rush or had somewhere to get to. They waited there for a family member to pick them up last I heard from the officer.

I didn't get photos of my truck cause I was worried about my wife, their kid and the others, and honestly it happened so fast I got lost in thought before we went to the hospital. I called the tow shop to go see it but they were closed so I won't have any until tomorrow but I will post them. Its funny how you don't remember as much til afterwards. In my area tons of people are always on their phones and it drives me bonkers (not that he was but I have no way of knowing).

As for us, we are really really sore and still dealing with other issues. I spent time on here and other websites looking up depreciated values, how to deal with insurance companies and such and still learning about it. I'm pretty sure unless there is something I could not see (mechanically or frame wise) the truck will be repaired from what family members say. I'm just glad their kid is ok and we lived another day.
Exactly how any decent individual would feel after some time has passed. No fun having to deal with this sort of thing. It’s why they’re called accidents. Nobody does this on purpose. Hope you and your wife heal quickly.
I will say, the damage in the photos doesn’t show a 40 mph speed differential, although I’m sure it seemed that way at the time.
 

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Frontal air bags are generally designed to deploy in "moderate to severe" frontal or near-frontal crashes, which are defined as crashes that are equivalent to hitting a solid, fixed barrier at 8 to 14 mph or higher. (This would be equivalent to striking a parked car of similar size at about 16 to 28 mph or higher.)

did their air bags deploy ??

my wife was rear ended by a car which they air bags deployed and both vehicles were totaled, estimated 40 mph impact
 

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Discussion Starter #23
Frontal air bags are generally designed to deploy in "moderate to severe" frontal or near-frontal crashes, which are defined as crashes that are equivalent to hitting a solid, fixed barrier at 8 to 14 mph or higher. (This would be equivalent to striking a parked car of similar size at about 16 to 28 mph or higher.)

did their air bags deploy ??

my wife was rear ended by a car which they air bags deployed and both vehicles were totaled, estimated 40 mph impact
I think the Jeep's front bags deployed but not 100% sure. I vaguely remember seeing something white near his steering wheel but it could have been anything truthfully. Hope you all were ok in the wreck.
 

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Truck cannot register impact to my knowledge and there is NO chance it will be totaled, frames can easily be straightened but I doubt its bent. If your airbags did not go off they will repair an incredible amount of damage. There is 0 chance you can make the other insurance company to buy your truck because its worth less. Like I said earlier if your state allows diminished value you can recoup some of it, other wise you cannot, its just not an option at all. You could try and sue, but you are not getting a penny more then repairs and car rental. Lots of people said I should sell my truck and get a new one. But I would lose a lot of money that route and nothing would prevent it from happening to the next truck 10 minutes after driving off the lot. Accidents happen, nothing you can do. Let them repair it back to perfect and keep enjoying it. If they have a good insurance company let them handle it. If you make your insurance company handle it and they sue the other insurance company it will be a huge hassle on your part and a lot of out of pocket money you will have to wait to recover. I would only go that route if their insurance is not doing their job. Most likely they will. Progressive was the at fault insurance in mine. It was Christmas eve so I waited a few days to pickup the rental truck. Not a penny out of my pocket, insurance on it covered, lots of perks your insurance might not offer when the at fault insurance is paying for it. Progressive was even going to pay to have it delivered. In my head on collision my first thoughts were my wife, next was the people in the other car, last thing I was thinking about was my truck. These people who think they would call their lawyer before 911 are kidding themselves. Once everyone was OK I took some pictures. The police will do a good job in the accident report and who was at fault and the insurance company will not really fight that. Its a pain but it happens. No reason to go nuclear on the at fault driver, will just make you miserable and will have no impact on the eventual outcome.
 

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That is one reason why when traveling and see slowing or stopped traffic ahead I start slowing down WAY back tapping the brakes a bit to get the brake lights showing on and off and on and off.. Plus, I keep an eye on stuff behind me as well when slowing down to help and try to prevent this type of deal. People are to involved on the phone nowadays..

I see it all the time on the interstate in my area. folks fly by me with one hand on wheel one hand on cell phone and looking down to text and then looking up to see what is going one.. I counted one gal was looking at her phone for at least 2 almost 3 seconds before she looks up.. in 2 seconds at 70 mph you are going the length of a football field more or less..

I would have asked the cop to confiscate the cell phone as evidence of the crash. Now when you get run into from the rear the burden of proof is not on you for sure..

glad all are ok.. what does you truck look like. ??
 

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Hope you swapped insurance info, did many photos, and called your attorney. Necks and spines don’t like getting smacked in the rear. You may feel ok now, sometimes injuries sneak up on us later.
I’m being a broken record here. Like I said 2 days ago. Hire an Attorney. Your and/or their insurance companies will repair or replace the vehicles damaged and possibly offer a small settlement on your injuries. An Injury Attorney will stand up for you and make sure you are compensated for your injuries properly. Worst case scenario is these injuries come back and possibly change your life in the future. HIRE AN INJURY ATTORNEY! My wife still gets neck aches from us getting rear ended in a different vehicle years ago. It’s not life changing for us, a heat pad usually solves the pain. Point is she still suffers pain because a guy hit us, and we did not hire an injury attorney then. Live and learn!
 

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I’m not a proponent for ambulance chasing or to sue anyone unjustly.

However, I can attest that my wife was in a rear end accident at city speeds before I met her and she settled for an offered $3500 and went on a holiday to Mexico.

Silly teenager!

We’ve been married 24 years and she has been plagued with neck pain all of our years together.
 

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My x wife is an insurance agent. When I got rear ended in my 2013 1500, the body shop wanted to cut the side of the hole bed off and weld on a piece. It didn't even looked damaged. Per the X, I stuck to my guns. ( as the truck didn't even have 1,000 miles on it at the time. ) I fought with his insurance company. Said no way you cutting a bed and welding it. (I want a new one )
We came to a grate agreement after I said that im going to do a sell price before damage and car fax after damage and go after ins company for loss of value. I ended up with a bed that was new from a place that took one off and puts on utilitie boxes.
Please don't forget to do a value before and after accident, to not take a beating.
good luck.
 

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If the hitch got bent, the frame got bent. Before they write to straighten make sure they will also do a test tow before returning the truck. A tweak in the frame will result in horrible towing issues even when it is pulled to 'within spec'. With the mileage, there is lots of room to have everything fixed right.
Just remember to tell the shop no idling of the truck so that when you get it back they have not sooted it up on you. And do not take unacceptable work. They get paid for their job, you should be very happy with the truck.

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Dont let the body shop slap a ton of body filler on your vehicle. Tell them you want your vehicle repaired like it left the factory everything must be replaced with oem factory replacement body panels. The spot welds drilled out plug welded and the panels replaced. Please research what Im saying so you understand the difference.
Your vehicle is going to depreciate allot considering what has happen.
 

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If it were me, I would get rid of the truck and sue the crap out of the guy that rear ended me. Probably was texting and driving.
I gotta say, and merely my opinion, without all the facts, that’s a pretty bold statement and one that appears to be coming from someone in a beautiful glass house on top of a mountain looking down at everyone. Accidents happen, rear end collisions happened before cell phones. I err on the side of caution and don’t wish I’ll will in most folks if infact it was an accident cause guess what, we will all be the topic or reason for some sort of accident at some point in time. Why would you want to sue them to oblivion, I’m sure their insurance will raise, they’ve got to find a replacement vehicle with whatever they are given on their jeep as a total, which won’t be much, why wish to inflict more pain on someone if infact it really was just an.....accident. Maybe I’m a softy, but I know I’m not perfect.
 

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^Kodi, if you've read this guy's other posts, you'd understand he's either clinically insane or just your normal everyday wart infested troll. Hopefully the mods will see the pattern here and put on their BOOTs.
 
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Glad everyone appears to be ok.

Looking at the other vehicle, your truck will not be totaled, not even close. Just make sure everything is repaired to your satisfaction, rental vehicle, diminished value claim and your medical needs if any are covered and move on from an unfortunate situation.
Advice, DO NOT trust what either ins co is telling you without getting it in writing and do not settle until you know you're whole. Ask as many questions as you need to and be a pain in their ___ if necessary. Being quiet and assuming it will all be taken care of without your persistence and insistence will most likely result in a less than satisfactory outcome.

If it makes you feel better, the first and only brand new car my parents ever bought got dang near totaled twice then burnt to a crisp in a structure fire! Dad said screw it, no more new cars!
 

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For those of you that stated the frame can be straightened; true, but only the 'horns' (front and rear) on our trucks because of the high psi composition. Any other damage between the axels, requires replacement frame.

Also, just because the hitch was bent does not mean that the frame is bent. Since we have yet to see any pictures of damage to the truck, we're all just spouting off a bunch of assumptions.


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Discussion Starter #36
So just got back from the auto body shop and they will have the truck by close of business today. As soon as I've seen it and gotten the photo's finished for the insurance claim I will post them for the group that has helped out so much and maybe see some more opinions. I appreciate all the info and its helped us figure out what to do from here on out.

As of now my insurance company has been ok, not great, but ok so far. Still waiting for the adjuster to call and figure out the next steps. Good news is where its getting fixed is recommended from my insurance company and that place looks high end so fingers crossed. Tomorrow I will know more and then post up what I found out.

Again, appreciate all the info and advice its helping out a lot. As for the item of an attorney, hopefully everything works out and people do the right thing to make sure my family is taken care of and my truck gets fixed. I was told by my insurance company that the other driver's insurance company is responsible for the diminished value claim, my company doesn't deal with that. I felt a little hung out to dry by that comment but time will tell how it will play out.
 

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Don't take this the wrong way, but you should begin right now, verifying your claim with the at fault party's ins co. Your company shouldn't have their hands in it unless needed. Sure they will do you a "service" and broker your claim, but why?
Trust me, follow your claim with the other ins co like a hawk.

Did the other party get a traffic citation?
 

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I can not believe some of the responses here. I'll leave it at that.
Hope your truck gets fixed properly and everyone is OK.
 

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Discussion Starter #40
Don't take this the wrong way, but you should begin right now, verifying your claim with the at fault party's ins co. Your company shouldn't have their hands in it unless needed. Sure they will do you a "service" and broker your claim, but why?
Trust me, follow your claim with the other ins co like a hawk.

Did the other party get a traffic citation?
The State trooper said "he cannot tell me anything concerning the other party" or something like this. Hard to remember exactly, but I'm pretty sure the other driver was cited.

Side note: I thought my insurance company was supposed to deal with the other company, is this not so?

EDIT: I want to get everything working to get it taken care of but my head is killing me and I don't want to make a mistake. I keep notes going from what is posted to help me so thats a start.
 
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