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Old 08-30-2010, 09:26 PM   #1
Trekz
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NEVER GOT TO KARCRAZE IN BRADFORD! & question about insurance.

I got tires installed there about a month ago, ****in goofs over torqued my wheels and my right rear wheel flew off today because all the studs broke. Thank god some one cut me off so i was almost stoped when it happened. Now the tire flew across the intersection and dented some ones van. If i go through insurance would i be at fault? I also cant prove anything that karcraze did my tires because i paid cash. So how would insurance handle a situation like that.

Edit: Suppose to be go not got in the title, and not i meant brampton not bradford!

Last edited by Trekz; 08-30-2010 at 09:41 PM.
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Old 08-30-2010, 10:18 PM   #2
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I live in Bradford where's KARCRAZE!
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Old 08-30-2010, 11:15 PM   #3
Trekz
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i meant brampton not bradford. Was really frustrated when i was typing that.
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Old 08-31-2010, 07:26 AM   #4
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i meant brampton not bradford. Was really frustrated when i was typing that.
If you live in Newmarket you should have gone to Bradford, not Brampton!
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Old 08-31-2010, 08:24 AM   #5
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What is the overall repair cost to your car and the van? was anyone hurt?

If someone is hurt, then its advisable to go thru insurance...else
I would look at the total cost against the deductible...

it is a shame that we pay for insurance and te we are afraid to report an incident..

hockey27 can provide more info on your question..he is in insurance..
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Old 08-31-2010, 09:16 AM   #6
325isdan
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I would go back to that shop and start to F things up. They could of killed someone and it would be your fault. Think of all the other cars they are doing this to.
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Old 08-31-2010, 10:08 AM   #7
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I beleieve that in the Highway traffic act there is a section that states if the wheel becomes detached from the car, the driver is at fault. So you are lucky you didnt get a ticket.

youa re on your own here, dont even bother goign back to that dump to claim for damamges, as there is no proof the did any work.

Pay for the wan out of your pocket and buy a torque wrench and periodically check your wheel bolts.
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Old 08-31-2010, 11:13 AM   #8
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also replace all your existing bolts with new ones
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Old 08-31-2010, 11:36 AM   #9
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your fault.

you won't get shit out of that shop
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Old 08-31-2010, 11:54 AM   #10
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Most tire shops have a disclaimer on their wall and/or on the receipt that says it's your responsibility to re-torque the wheel bolts within a very short time frame (usually less than 2 weeks, sometimes the next day). Seeing as you have no receipt also, you're screwed either way.
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Old 08-31-2010, 03:39 PM   #11
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Unfortunately you would be held at fault. Whether it's a canoe off the roof of your car, a piece of your car; like a wheel, a trailer that breaks away, or a piece of debris out of your trailer.... it's your fault.

a few questions:
How bad is the damage to your car?
How bad is the damage to the van?
What driving record (star rating) are you currently receiving on your policy?

Depending on your situation, if you have accident forgiveness etc, you may want to just put the claim through.

Both the damage to your car and their van would be covered, the damage to your car paid by your insurance co., the damage to the van paid by their insurance co.(that is the premise of the "no fault" insurance system). All you pay is your collision deductible. (that is if you carry collision coverage) If you have accident forgiveness your premium may not be impacted much if at all.

If you put the claim through your policy AND you are able to prove the shop was negligent (which is exceedingly difficult) your insurance company may sue the shop to recoup the claim costs and waive the fault against you.
If the total damage price tag isn't too much and you don't have accident forgiveness then you may want to pay out of your own pocket to save the increase on your future policy.

I would tell the van people that you would consider paying for the damage yourself. Ask them to get 2 quotes for the repair. (even if you go through insurance these are good to have).

If you decide to pay out of pocket, it's a gamble. The van owner and all of it's occupants have 12 months to decide if they want to claim injuries, EVEN IF YOU PAY FOR THE DAMAGE.
I've seen people get scammed where the person they hit seems very happy to take a reasonable payment for the damages, takes the money then reports the claim to their insurance company anyways and often says they are injured. They get double paid for the damages.

There isn't much to do to protect yourself. Some say pay by cheque so you can prove you paid and that they cashed it and on the back of the cheque write "I accept this cheque as full compensation for damages and/or injury for the incident on yy/mm/dd" so when you get the canceled cheque back bearing their signature you have a kind of disclaimer. Others would suggest you go to the shop and pay on the owners behalf.

I once paid for an accident and it showed up on my record anyways. The person I hit called their insurance company to see if it was legal for me to pay for the claim, they said "sure, what was his plate #" and put it on my record.

The advice I give my clients is this: The only damage you should pay for out of your own pocket is your own damage. Like if you hit a curb, or tear your side-view mirror off pulling out of the garage. Use your policy to protect you for being scammed by others. That is what accident forgiveness is for. Some insurance companies will even ignore 1 claim that the other party reports but you pay for your own damage.

FYI If any involved party puts a claim through their insurance, your insurance company gets notified.

Last question: Did you report your engine swap to your insurance company? (you don't have to answer that one, I'd rather not know )

If not, first, consider yourself extremely lucky that the wheel came off at a low speed and didn't injure anyone. In circumstances like that, the police immediately impound your car (no time to undo the swap) and the insurance company goes over your car with a fine tooth comb and would have voided your policy for "material change in risk" or "misrepresentation" and denied your claim and any associated legal defense costs. Going forward, re-consider what you have disclosed to your insurance co. because they aren't going to pay for anything significant, especially a lawsuit.

My advice to you is: call your agent or broker and discuss your options. Ask, hypothetically even, what the impact would be to your premium. Will they ignore the claim if you pay for your own damages. And make a well educated decision from there.

Good Luck!
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Old 08-31-2010, 06:32 PM   #12
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Thanks, thats alot of good information. I guess i will have to pay out of my own pocket, my driving record is pretty bad, and most insurance companies wouldn't even insure me. Im not too worried about damage to my car, and the damage to the van was just a big dent on the rear quarter panel, looks like it could easily be pulled. Thank god no one got injured, and it was an older lady driving the van who seemed very nice and understanding. I asked her to get a few quotes before making any decisions about if we go through insurance or if i will just pay her. Now just have to wait back to hear from her and see where it goes. On another note, how long does she have to report this accident to insurance companies before its considered too late. There was no witnesses, or police involved.
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Old 09-01-2010, 12:31 PM   #13
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Quote:
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..my driving record is pretty bad, and most insurance companies wouldn't even insure me
Just a side note here: There are companies that have an appetite specifically for high risk drivers. I deal with 4 through my office. Just because you have an "At Fault" accident and/or a few convictions, doesn't mean you don't have options. There is a market out there that you can shop.

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On another note, how long does she have to report this accident to insurance companies before its considered too late. There was no witnesses, or police involved.
If the combined damage to both vehicles is estimated (by you, at the scene) at more than $1000 you must make a report to the MTO immediately (24 hrs). If you aren't going to go through insurance you have to insist that they don't forward a copy of the report to your insurance company. It's your right to choose to claim or not, but the police at the collision reporting centre have their process which helps your claim move along quickly. You essentially have to talk them out of faxing it.

If you don't make a report to the MTO the insurance company is allowed to charge the accident as an at fault. If they weren't, everyone would report every accidnet as, "the other guy took off & I didn't call the police". So for any 'hit and run', door ding, bumper scratch, etc... you go to the collision reporting centre regardless of the damage amount.

You have 12 months from the date of the incident to make a claim for vehicle damage with your insurance company. (If you repair the damage before the insurance company is able to view the damage for themselves, you waive your right to claim.)

To accommodate injuries and the varying time to assess their full extent, you have another 12 months to file a lawsuit. (that is 24 months from the date of incident)
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Old 09-07-2010, 07:46 PM   #14
Trekz
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Damn so i heard back from the lady. She got few quotes, and cheapest one is $1500. How much could i expect my insurance to go up if i have an at fault claim. Its already $450 a month, im 21 1 at fault accident 3 or 4 years ago, and i have around 5 tickets on my record. Also can any one recommend some CHEAP body shop.
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Old 09-07-2010, 08:36 PM   #15
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Damn so i heard back from the lady. She got few quotes, and cheapest one is $1500. How much could i expect my insurance to go up if i have an at fault claim. Its already $450 a month, im 21 1 at fault accident 3 or 4 years ago, and i have around 5 tickets on my record. Also can any one recommend some CHEAP body shop.
1 at-fault, 5 tickets, and STILL ONLY $450? not to mention someone will still give you insurance????

who are you with?
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