bought a car at noon,wrecked at 5

[SNDSOUL]

so as planned, I picked up my new QX56 at noon on Friday. On my way to the airport to pick up my wife and daughter I was T-boned in an intersection by a 1990 Corsica moving around 55MPH!! I had the truck all of 5 hours I have to say though, that looking at the car(TOTALED) and looking at my truck, you would not think they were in the same accident. I was not hurt at all and the airbags and side curtain worked perfectly. That truck is really well built for side impacts.
So here is my question, if I haven't signed all of the paperwork yet, is the truck still mine? The salesman called me on the way home and said that there were some title documents he forgot to get me to sign. If I can, I would like to give the truck back to the dealership, who wants a wrecked new truck? I'm pretty sure I'm SOL on this one, but I thought I would see what you guys think.
WHAT A CRAZY YEAR!!

 

[W]

Glad to hear you are OK.

 

[RP-Motorsports]

Glad to hear you are OK.

I second that, and on a side note, I love the looks of the Q56! Either way, you will end up with a new one, and just a "not at fault" on the record. Hopefully the corsica driver had liability!

 

[steveny]

I had a simular incident with a lightning pickup, hours old. I went back to the dealer a couple of days later and bought another one. I took the insurance check and fixed the wrecked truck myself at a friends shop and then sold it.
Sucks. Sorry to hear about you accident. Glad you are ok.

 

[NsXMas]

Glad you're ok. Good luck with the truck.

 

[Acura NsX Pilot]

Like the others said I am glad your ok and I hope things work out for you with the claim.

 

[4AU4LIFE]

No advice on what to do but rather saying glad you are alright.
You have had a rough yer though.:frown:

 

[zahntech]

WOW that sucks!!Is the Infiniti totaled?...

 

[jalnjr]

brett, happy to hear your'e ok!! indeed a hellofa year..?!!!

i would avoid signing anything back at the dealer regarding this car, unless it it
a $$ settlement coordinated with your insurance. i'm sure your insurer will echo this,an interesting position...

 

[NeoNSX]

First you survive Katrina, then the aftermath, now this.... I'm starting to think you have superpowers. Interesting little situation you're in. I'm glad you're alright, and hope a new new car comes your way soon.

 

[nuccaJB]

I bought a car that was in a situation like yours only the car was not in a bad accident. The car was in a fenderbender and only needed cosmetic repairs, ie new head light, bumper cover, and maybe hood. What happened was the car did not get titled because the accident happened before the process was complete. The car only had 360 miles and was not titled for over a year. I had the car checked out and was in perfect condition. When I bought it, it was then titled and the warranty started new and banks gave me a new car intrest rate.
I would not sign the papers, have ins fix it and return it. If the car was totalled chalk up the loss and get a new one.
Whos fault was the accident?
Glad to hear you are safe.

 

[len3.8]

My wife had the same thing happen to her after owning our SUV for 2 hours, the truck was rear ended.
Chances are, you were under your insurance and your insurance will pay for the repair if it were your fault.
If it were the other parties fault, the dealership will most go through your insurance to collect for the repairs, leaving you and your insurance to collect from he 3rd party. Similar to what some rental companies will do.

As far as the car not being signed for or titled, depends on that dealership, whether they will just take it back as a damaged test drive vehicle. I would think that there will be some resistance, but who knows.

 

[NetViper]

Sorry to hear about this. You can be the best driver in the world, but you have no control over some dipstick running lights.

 

[SNDSOUL]

ok, here's how its going...The wreck was not my fault, but my insurance is covering it(no fault accident). The dealership agreed to take the truck back as long as they do the repairs and my insurance company pays for it. They are getting a new truck in the meantime and they will sell the other on their lot as a demo. We are swapping truck for truck with no money exchanged. I think this is the best I can ask for? I'll have to wait a little for them to find me another truck with identical features, but I will get out of having a wrecked vehicle without coming out of any money(except my deductable).

 

[davidkimchee]

If you were Tboned and not at fault...why do you have to pay a deductible?

Why isnt the party at fault being held accountable for the accident? Whats their insurance company doing???

Glad youre getting a new car back.

 

[D'Ecosse]

If you were Tboned and not at fault...why do you have to pay a deductible?..

^ what he said .... should be no deductible if no fault.
Your insurance would certainly (fairly) apply deductible if they pay, but the third party's insurance should be the paying entity & they should cover 100%, deductible does not apply. You should also be able to claim car rental etc until you get your new vehicle - this is regardless of whether you have rental insurance on your own policy, or even whether the third party didn't have it for their own situation.

 

[SNDSOUL]

^ what he said .... should be no deductible if no fault.
Your insurance would certainly (fairly) apply deductible if they pay, but the third party's insurance should be the paying entity & they should cover 100%, deductible does not apply. You should also be able to claim car rental etc until you get your new vehicle - this is regardless of whether you have rental insurance on your own policy, or even whether the third party didn't have it for their own situation.

I'll have to check into that. As of now, I am just going off of what the adjuster told me today??

 

[D'Ecosse]

We're going through similar right now - my daughter was T-boned last weekend by a woman who decided to make a left turn directly across her.
My daughter's car was totalled. The other driver was cited at the hospital for careless driving causing an accident.
It appeared to be getting complicated when the driver was not the owner of the car & the insurance certificate presented in her name was expired. However the insurers of the car's owners are accepting responsibility given that driver was driving with owners' permission.
Original appraisal by my daughter's own insurance applied the deductible but volunteered without challenge that only applied if her own insurance paid out. The third party insurance is paying in this case & her own insurance will act on her behalf to ensure her entitlement which includes the full appraised amount.

Similarly, she did not have rental cover on her own policy but has been assured she can claim this too against the third party (who did not have rental cover for their own use either). She has also filed a claim for "pain & suffering" with the third party insurer - fortunately mostly bruising & discomfort only, but certainly not something to let go without being compensated.

 

[Deuce B]

http://www.forbes.com/lifestyle/vehicles/2005/12/14/worst-cars-2005-cx_dl_1215feat_ls.html

According to the newest data from Consumer Reports, Nissan Motor's (nasdaq: NSANY - news - people ) full-size Infiniti QX sport utility vehicle has the worst ratings possible for the reliability of its electrical system, brakes, body integrity, power equipment and body hardware. It is 300% less reliable than the average car, and a QX owner must feel the way an owner of an E.M.F. model felt: What's going to go wrong with my car today?

Click on their link at the bottom "See our list of the Worst Cars 2005."

Glad no injuries. Good luck with the situation.

 

[H-carWizKid]

ok, here's how its going...The wreck was not my fault, but my insurance is covering it(no fault accident). The dealership agreed to take the truck back as long as they do the repairs and my insurance company pays for it. They are getting a new truck in the meantime and they will sell the other on their lot as a demo. We are swapping truck for truck with no money exchanged. I think this is the best I can ask for? I'll have to wait a little for them to find me another truck with identical features, but I will get out of having a wrecked vehicle without coming out of any money(except my deductable).

Good dealership! What a nice way to handle their customers!:biggrin:

As for the insurance questions- (deductibles) That depends on your state fellas. Different rules in Ca. as opposed to La.

I am an adjuster in TX, I will tell you if this happened to one of my insured- I would cover it, and the deductible would apply, but then I would unleash my subrogation dept. to recover the out of pocket expenses of my insured (deductible), and my expenses for the repair/replacement. If the other guy is insured, then the recovery would probably go pretty smoothly, if the guilty party is uninsured, the recovery would probably take a lot more time.

That is how it is in TX- admittedly, I don't handle anything in La., or Ca. , so your situations may be different.

Lots of people ask why they should use their own carrier for an accident that isn't their fault- the simple explanation is that your carrier has your interests in mind. The other parties carrier is looking out for their own. The path of least resistance is to allow your carrier to do what you pay them to do, and cover your loss, then seek restitution. No muss, no fuss, you get what you paid for, and in a case like this, you will probably see your deductible back promptly.

I am in no way dispensing this information as applicable for all states, or situations- I know TX, and I know what I would do in your place.

 

[NSXLuvr]

Sorry about your bad luck.

Just look at the bright side, you are healthy, you wife wasn't hurt, you get a new truck still and it can only get better next Year.

 

[ChopsJazz]

Great result for an otherwise bad situation. Good luck with the next truck!

 

[NSXDreamer2]

Good dealership! What a nice way to handle their customers!

As an adjuster, you must know that the dealership will earn the money to fix the truck for labor and parts. Then they will probably only sells the car as a demo for making less margin over its cost. The dealership is going to screw whoever going to buy the fixed truck. (I don't think they will ever tell anyone that's been in accident) Possibly, it won't be a rebuilt title... as the car haven't gotten registered before...

 

[H-carWizKid]

As an adjuster, you must know that the dealership will earn the money to fix the truck for labor and parts. Then they will probably only sells the car as a demo for making less margin over its cost. The dealership is going to screw whoever going to buy the fixed truck. (I don't think they will ever tell anyone that's been in accident) Possibly, it won't be a rebuilt title... as the car haven't gotten registered before...

and I care... why?

It looks like you are making a lot of assumptions about the dealer. What leads you to believe that the dealer that is taking good care of our fellow board member is so shady that they wouldn't disclose the vehicle's history to a potential buyer?

Do you really care what happens to the truck next?

It looks like our fellow board member got the best possible result out of this mess- would you have preferred he be stuck with the brand new wrecked truck?

Was the purpose of your post to offer one more dose of negativity for the ethics of the car business?

If so, good for you! Mission accomplished!

 

[SNDSOUL]

As an adjuster, you must know that the dealership will earn the money to fix the truck for labor and parts. Then they will probably only sells the car as a demo for making less margin over its cost. The dealership is going to screw whoever going to buy the fixed truck. (I don't think they will ever tell anyone that's been in accident) Possibly, it won't be a rebuilt title... as the car haven't gotten registered before...

The dealership is a Porsche, Lexus, Infiniti, BMW, Toyota, Chevorlet and Saturn. They have been in business for as long as I can remember, I have no doubt they will disclose the accident to the new buyer, thus justifing the lower price. The truck wont have a rebuilt title b/c the vehicle was not totaled. I feel like so far they have been very fair and I will do business there again.