(pics below)...........

 

Fortunately no one was hurt but after she ran into me they had to tow her car since it was leaking quite a bit of rad. fluid.

It's been quite a while ago since I was in an accident. Since she is at fault does her insurance company have to pay for the aftermarket upgrades as well (CTD side markers, front aftermarket rim that was scraped pretty bad, etc) or do they just have to repair it to OEM specs?

 

I'm thinking OEM.

Get your insurance to pay too.

Man, that sux sorry.

 

Looks like a county 1 Plate - Sioux Falls...there is your problem. Of course in Rapid City we had to contend with the tourists and their RV's towing a car and a boat! Not to mention 500,000 bikers for Sturgis! Made driving from May through Sep very interesting.

Sorry about the damage. I believe her insurance company is liable for all damage and should repair/replace everything back as it was. Mention "lawyer" if they refuse, and they seem very willing to talk. Been there...

John

 

bummer...sorry to see that happen.

yes...her insurance company will have to replace all items to place it back into its prior accident condition (including changes/upgrades).

the only positive...black paint is the easiest color to match.

 

were you both moving? you will most likely have to take some of the blame, because the front of your car has damage. AFAIK, you're responsible for the front half of your car, and unless the car was parked, you'll absorb some of the percentage of fault.

the adjuster should definitely include your aftermarket upgrades in the claim --

 

I had slammed on the brakes when I saw her approaching but since she seemed to be looking out her side window and not infront of her she did not try to slow down and smacked me right on the side drivers front corner. The north road I was driving is considered the main drive road that circles the mall so I and I would assume would be common practice, yield while trying to turn-on/cross to the oncoming traffic.

 

I think as long as you have receipt's for the upgrades, they will cover it. I do also believe there is some percentage of "blame" on your part because of the front end damage. That really sux. Make sure they use new sheet metal. NO BONDO!

 

The pics are not the best of quality because they were taken with my PDA phone, but the all of the damage is located on that front drivers side corner fender and not actually the front of the bumper (i.e. such as if I would have hit her front corner panel with the front of my bumper). I also did move back the car an inch or so just right after we hit out of reaction since, I heard since I could smell some fluid leaking (turned out to be her cooling fluid) and the first thought that come to mind was her car might start on fire or something. I believe this was more of a subcon. reaction to being hit more then anything else. Doesn't the fact that she did hit me from the side and I did not hit her with the front of my bumper make a difference?

 

OMG dude that sux...

Like everyone said thus far, insurance will cover it back with all the upgrades...some companies require receipts some will take the adjusters word for it that the parts are on there.

 

parking lot fender benders can be tricky.

i was backing out of a parking spot (mall...in my mothers car...years ago) and it was an angled parking spot...same on both sides (hence traffic flows in one direction). an idiot (16 year old) drove the wrong way down the isle at a high rate of speed and clipped my rear bumper as i was backing out. the police came and stated, he was at fault for driving the wrong direction. however...no tickets can be issued on private property (such as a parking lot). the kids parents called my insurance company 1st and filed a claim against me. he received a check in a day against my policy. then my insurance company stated, it wasn't worth pursuing...and then they ran my damage through my company as well...even with a police report claiming he was at fault. what bs!

 

It does make a difference, but...and because I had a similar accident years ago, the insurance company contends that "since it's a front end collision, YOU should have control of your car at all times". I know it's wrong and it depends on how the accident happened but, that's their stand. At least in NY. For instance, it would have been better had she hit you in the rear of the car. Then you could argue that I couldn't see her, so how could I have avoided her. It still feels just as bad though. Really sorry about the "HIT".

 

I work for Allstate. The insurance co. will put your car back the way it was. They may try and fix OEM parts with after market, request OEM.
DO NOT as someone suggested turn it in to your insurance company if you were not at fault. She was clearly at fault, let her insurance co. handle it. If for some reason they turn the claim down then go to your insurance but only then. Even if you are not at fault and you turn it in on yours it shows up as a Not At Fault and that can have an affect on your insurance at a later date for a period of up to 5 years. Allstate for instance takes in to consideration NAF's for discount on new policies. 2 or more NAF's in certain cases we wont take you. Just keep that in mind.

Pat

 

Thank you for the informed reply. Since the body shop is putting the damage at $3,700 (includes new light since they say that some of the clips are broken and new rim). I hope this goes smoothly and quickly since I have now "upgraded" to a exotic Malibu as a rental car...