Hit twice.

[spodigas]

As I was driving I saw oncoming car swerving, seemingly losing control. I quickly slowed down, maybe stopped. A large van rear ended me. I looked back quickly to check on my kids. Meanwhile the oncoming car swerve back into its lane and swerved back toward me. It hit a car ahead of me and to my left, catapulting over it and landed on the hood of my car doing even more damage. The car will be totaled.

Unfortunately the oncoming car driver was uninsured, and I was only carrying liability insurance. My insurance company said that most likely van driver's insurance will pay only for half of the damage or replacement, even though the damage by the rear end collision alone would have totaled the car. I don't think that is right. The van totaled my car before the oncoming car hit me, also the van might have move my car forward to where the catapulted car landed.

My car was a late model car, but it was paid off, reliable and in very good condition. Thank you any advice that can offered.

 

[quincy]

As I was driving I saw oncoming car swerving, seemingly losing control. I quickly slowed down, maybe stopped. A large van rear ended me. I looked back quickly to check on my kids. Meanwhile the oncoming car swerve back into its lane and swerved back toward me. It hit a car ahead of me and to my left, catapulting over it and landed on the hood of my car doing even more damage. The car will be totaled.

Unfortunately the oncoming car driver was uninsured, and I was only carrying liability insurance. My insurance company said that most likely van driver's insurance will pay only for half of the damage or replacement, even though the damage by the rear end collision alone would have totaled the car. I don't think that is right. The van totaled my car before the oncoming car hit me, also the van might have move my car forward to where the catapulted car landed.

My car was a late model car, but it was paid off, reliable and in very good condition. Thank you any advice that can offered.

What is the name of your state?

I hope your kids are okay! How scary.

 

[spodigas]

What is the name of your state?

I hope your kids are okay! How scary.

Yes, thankfully everyone is OK. I live in California, but the accident happened in Nevada.

 

[adjusterjack]

Unfortunately the oncoming car driver was uninsured, and I was only carrying liability insurance. My insurance company said that most likely van driver's insurance will pay only for half of the damage or replacement, even though the damage by the rear end collision alone would have totaled the car. I don't think that is right. The van totaled my car before the oncoming car hit me, also the van might have move my car forward to where the catapulted car landed.

Speculation doesn't butter any parsnips.

You'll have to personally deal with the van driver's insurance and see how the claim pays out. If you don't like their offer your option is to sue the van driver for the total loss value of your car and prove (not just say) that the van driver caused 100% of your loss.

BTW, when you carry just liability insurance you are well advised to have enough money set aside to replace your car, or have a spare, when something like this happens. You can't rely on everybody having insurance. 16.6% of California are uninsured. That's a 1 in 6 chance of being hit by one of them.

 

[zddoodah]

My insurance company said that most likely van driver's insurance will pay only for half of the damage or replacement, even though the damage by the rear end collision alone would have totaled the car. I don't think that is right.

Well...your insurer is wrong. The van driver's insurer will pay the lesser of the cost to repair the damage resulting from the rear ending or the fair market value of your car at the time of the accident. The insurer certainly won't simply figure out the total damage and halve it (one would assume that the damage caused by a car landing on the hood of your car will be quite a bit more than the damage resulting from being rear ended), and you won't get anything for replacement. If you are correct that the rear end damage alone was enough to total the care, and if the insurer agrees, then that's what you'll receive.

If you don't like their offer your option is to sue the van driver for the total loss value of your car and prove (not just say) that the van driver caused 100% of your loss.

The better move would be to sue both drivers. I know you know, but the OP might not, that the swerving driver being uninsured doesn't mean he/she isn't susceptible to being sued.

 

[spodigas]

Lesson learned the hard way. The van owner carried the minimum insurance required. I'll probably get $5,000, not enough to replace the vehicle. And I don't think suing will help. It was nice having at least one car paid off. Thanks for the replies.

 

[adjusterjack]

Check your own insurance policy very carefully and see if your Uninsured Motorists Coverage includes property damage to your vehicle. There may be additional money there if it's included.

 

[spodigas]

A follow up question. I just received the police report (Nevada CHP) and they got the details of the accident wrong. The report stated the uninsured driver hit me first causing my car to stop and then the insured car rear ended me. This is not the sequence of events. Can I change the police report? Will this affect the insurance settlement? Thanks.

 

[Zigner]

A follow up question. I just received the police report (Nevada CHP) and they got the details of the accident wrong. The report stated the uninsured driver hit me first causing my car to stop and then the insured car rear ended me. This is not the sequence of events. Can I change the police report? Will this affect the insurance settlement? Thanks.

Just FYI: CHP means California Highway Patrol. There is no such thing as the "Nevada CHP."