So a guy under the influence rear-ended us....

MazdaGyal

Member
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Protg/ '17 CX5 Touring
We're all fine and our snowflake took it like a champ. No major damage it appears but scratches to the bumpers, paint and rims. We we're stopped at a red light and this guy just slams into us....this is my first ever accident, I'm so shaken up and so is my toddler. We called the police and they came and handled everything but once they realized drugs we're involved they wanted us out of there so they could deal with the guy.

I'm grateful that everyone is okay first and foremost but secondly I'm pissed. My Snowflake isn't even a year old and will now have an accident on it's history as well as on mine. I'm sure it's value has plummeted. I've never even had so much as a parking ticket. Luckily I have full tort insurance but I don't even know where to begin. Not sure if I should have a lawyer handle this or if I should file claim with his insurance company. Oy vey.
 
Keep calm. There is the chance that the insurance company will decide to write it off. The damage to electronics (blind spot sensors, camera, etc) might be just enough to tip the scale, in addition to the body parts damage. So you'll get a new one.
Just make sure next morning that there's no pain or stiffness anywhere, and double -check the little one.
You're not at fault, so nothing goes on your record and no monetary consequences to your insurance.
File the claim with your insurance company right away, that most likely is in your contract with them.
 
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There is zero chance your car is totaled based on your description. ZERO!
The other party's insurance will pay for :
1. Fixing your car. Make sure its fixed and hatch closes properly. Quality of work done by insurance companies is not top notch. Its cheap.
2. Something called as Diminished value claim (your resale loss) - you have to fight and put your feet down to get it. No insurance likes paying this.

I am not sure what insurance the other party carries - if its a big brand name like Progressive / SF / Geico things should be smooth.
Note : you can always find local body shops that will work for cheap and pocket the difference. Hard to do for your case. Diminished value on a rear ended Highlander Limited was 4-5 thousand usd - he had to get his hatch replaced so it was a big deal. So dont let it go - ask and fight for it.

Injuries should be zero to none based on what you are describing. But from personal experience - test the functionality of the affected area thoroughly - turn signals / reverse camera / hatch opening closing. This is no big deal nowadays - avg. age of a car in USA on roads is less due to accidents etc. Relax its part of life. You wont even think about it. My wife smashed a Truck in her corolla and was actually upset the truck wasnt damaged more lol.

Btw this is a borderline totaled car - 2013 Corolla with 55K miles. KBB around 12K USD. State Farm repair estimate was 9.5K USD ... they totaled it - bumper headlights windshield engine bay squished washer liquid container fell off and wife carried it in the trunk. The toyota still ran 5 miles back home lol :

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I have some experience in this but where's Wakanda?

1st - check your insurance if you have 1 up policy. Next - even you are at no-fault your insurance will report to CLUE and it'll be comprehensive > $1000. This means there's high probability it'll effect your premium in case you decide to switch. Yes - value of your vehicle has plummeted and forget trade-in before 3 years since no dealer would be able to list it under CPO category (Their max benefit). Your insurance will push for repairs. Stand tall. As it's less than year - they'll offer you replacement with parts = NEW. Do NOT agree. Ask for full replacement. That's the part they'll try to make you agree.

As yugrus said -> before ANY of the above, check on toddler and I assume he/she was rear-facing during the incident and at the back. CX-5 is surprisingly strong but the bang may have hidden complications on health - especially a toddler. Have him/her head to toe reviewed by a doctor. Carefully watch for ANY behavioral changes next 2 weeks. Watch popo/pee/eating/drinking habits.

As you have full tort - insurance companies actually don't like it. A lawyer might be your best option but not right now and not those mailers that come in.
 
Evidently insurance works different down in States then here in Canada (well, Ontario). I knew there were differences, but now I see the light. Ignore what I suggested above, I apologize for misinformation.
 
Your rates should not go up. I was run off the road on my Harley by a drunk driver 5 years ago. He staggered out of his car and the police immediately put him in cuffs, taking him to jail. My insurance company told me they would go after him for the return of my deductible and their layout money as well. I got my $500.00 back and no premium increase. I live in a no fault state, but since this guy was proven drunk it was a no brainer for his insurance company to pay. I did not sue or get a lawyer involved since I was not injured and I only had minor damage to my bike.
 
Your rates should not go up. I was run off the road on my Harley by a drunk driver 5 years ago. He staggered out of his car and the police immediately put him in cuffs, taking him to jail. My insurance company told me they would go after him for the return of my deductible and their layout money as well. I got my $500.00 back and no premium increase. I live in a no fault state, but since this guy was proven drunk it was a no brainer for his insurance company to pay. I did not sue or get a lawyer involved since I was not injured and I only had minor damage to my bike.

As I said - only if he decides to switch insurance.
 
We're all fine and our snowflake took it like a champ. No major damage it appears but scratches to the bumpers, paint and rims. We we're stopped at a red light and this guy just slams into us....this is my first ever accident, I'm so shaken up and so is my toddler. We called the police and they came and handled everything but once they realized drugs we're involved they wanted us out of there so they could deal with the guy.

I'm grateful that everyone is okay first and foremost but secondly I'm pissed. My Snowflake isn't even a year old and will now have an accident on it's history as well as on mine. I'm sure it's value has plummeted. I've never even had so much as a parking ticket. Luckily I have full tort insurance but I don't even know where to begin. Not sure if I should have a lawyer handle this or if I should file claim with his insurance company. Oy vey.

Keep calm, first and foremost. Nobody was killed, or seriously hurt, which is a huge relief when it comes to accidents from someone under the influence.

I was also rear ended in my CX-5 sitting at a light in 2015. In this case it was a 16 year old kid, probably just got his license and he was driving a truck with bald ass tires and couldn't stop because of the rain/downhill. Most likely hydroplaned.

Here was my experience:

1. Although I felt a little stiff the rest of the day, I felt like I had slept it off and was fine by the next day. Exactly one week later, I had such debilitating lower back pain that came on completely unexpected that I had to take the rest of the day off of work. Doctors gave me muscle relaxants to bring down the immediate pain. I did not drive and worked from home. I quit using those pretty fast though and I spent the next several months going to physical therapy twice weekly. The physical therapy did the trick. All I am trying to say here is to keep an eye on your health over the next several days. Sometimes these things don't pop up for a bit.

2. For mine, although it felt like a hard hit, it really wasn't that bad. They had to replace the rear liftgate, and if I remember correctly the rear bumper cover. The underlying frame or whatever was fine. All in all about $2500 worth of work.

3. I never thought to seek diminished value claim. But since I plan on keeping mine forever, probably didn't matter.

4. My rates did not go up at all. The person who rear ended me was found fully at fault, and in his own words "oh man this is the second time that has happened now". Yep, I guess I was the second person he rear ended on bald tires. Sigh. Anyway, I didn't pay a damn thing for my medical or repairing my car. They sent me a check for the full amount to fix the vehicle, and gave me a claim number for all the medical insurance claims. My initial appointment with my doctor the day I had to leave work they reimbursed me for as well.

5. As for the medical, the way it worked here is that it was covered under my insurance policy up to a certain amount before they went after the at fault party's insurance. Turned out we both had the same insurance company.

6. And because we both had the same insurance company, it was a pain in the ass still. I tried to tell them...you know I'm your customer too right??? I had to go through a few adjusters before I got anything done. Luckily my agent and his wife are fantastic, and as I was having issues dealing with it (80+ hour work weeks at the time, no sleep, trying to deal with the car, physical therapy, etc), they did a pretty good job of getting it moving when I reached out to them for help and making sure I didn't get screwed covering all the bases. Though I'm sure I missed things like the diminished value claim, everything else that I cared about got handled to my satisfaction.

7. That said, I went shopping around for new insurance this year, and they were all more expensive than my current plan by at least $20/month. Not sure if that had anything to do with the accident or not. Who knows. My existing plan did not go up as a result of the accident though.

Anyway, YMMV depending on state or country, but that was my story.
 
Sue that Mfer! Your neck hurts and your kid is at risk for long term damages!

You're due at least $100k from that guys insurance company.
 
Let your insurance company handle it. That’s what you pay them for.

Don’t sign anything until you fully understand what it means. If you need a lawyer then so be it.

Medical issues may not show up for several days. As mentioned previously, get the baby fully checked out.
 
I'm not sure what country your from, but in the USA, accidents don't go on your record unless you're at fault. It's pretty clear that you were not at fault.
There's nothing you can do about the accident going on your car's record. Resale value will probably go down, but that's life. You can try asking the insurance company pay you for depreciation, I don't know anyone who's had success with this though.

You definitely do not need a lawyer to handle a simple insurance claim like this. Like I said before, I don't know what country your from, but in the US this is pretty routine and simple.

I've been rear ended before (not in my CX-5), and it's really easy to deal with these situations.

Call your insurance company, give them all the information you have on the driver that hit you, police report # too if possible. Some insurance companies will tell you to call the insurance company of the person that hit, other insurance companies will handle this for you. No matter what, they'll tell you which steps to follow, and you'll be fine.
 
Hey everyone thanks for all of your responses--I really appreciate it. I'm staying calm and monitoring my little one. I just realized that we'll need another car seat now, hopefully insurance covers the cost of a new Diono.

By the way, I live here in the United States, on the NJ/ Pennsylvania border. Wakanda as some of you may come to know soon is a mythical place within the Marvel Universe where Black Panther hails from. Sorry for the confusion there.

The guy was handing over bags of white stuff to the cops so my guess is he's into cocaine. My hubs (thankfully) started recording the incident the moment he stepped out of the car, guy kept admitting fault.

We're buried under a good foot of snow now and I haven't been out to inspect her since the accident. It's definitely not a complete write off. I'd say mostly just paint (which I think I've heard it is nearly impossible to match the Mazdas factory color and finish). Hubs thinks there's more damage since the guy ran directly into the rear driverside tire/rim.

I've read that diminished value claims require a ton of persistence and I'm willing to put up a fight. I usually hold onto my cars for a very long time but we'll likely need to trade in for a bigger vehicle next year or so when we decide to try for another baby.

Thanks everyone
 
Keep receipts for everything that is accident related. Hopefully your insurance is helpful. It’s been a while since I was in an accident but diminished value is likely part of any settlement you get from the other side. I have not dealt with that part of the process. It’s been over 20 years since my last accident, knock on wood.
 
Keep receipts for everything that is accident related. Hopefully your insurance is helpful. It’s been a while since I was in an accident but diminished value is likely part of any settlement you get from the other side. I have not dealt with that part of the process. It’s been over 20 years since my last accident, knock on wood.

This helps.
 
Haha RIP.. Brian got it!

I can't wait!

Keep receipts for everything that is accident related. Hopefully your insurance is helpful. It’s been a while since I was in an accident but diminished value is likely part of any settlement you get from the other side. I have not dealt with that part of the process. It’s been over 20 years since my last accident, knock on wood.

Knocking on wood for you too! I'll be sure to document everything.


Thanks! That was actually one of the first pages I came across and immediately realized how involved the process is. I'll definitely keep everyone posted.
 
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