My car was written off. 14 day rule.
Ok, so some of you may remember a thread some time ago about the 14 day rule. I cannot seem to find it, and figured I would share my experience in my own recent scenario, as well as just generally document my accident for the heck of it. After I posted elsewhere briefly about the 14 day rule, members have contacted me asking me to post details on the 14 day rule, so although I realize there is another thread hidden somewhere, might as well bring it to light again here.
The backstory:
So, I purchased a new-to-me Jaguar XF Supercharged August 3rd. I honestly didn't exactly have my eye on this model in the past, but this one came up in my Kijiji searches. I always liked the XF design (especially from a rear or side profile; the headlights were a little odd imo), and this one was metallic black which really made it pop. Add in low k and I decided to go view it. A couple of WOT and cornering tests, and I was already in love. This one was claimed to have over 500hp due to the work done on it, but I suspect it had closer to about 450; still a lot of power to keep a smile on my face. Certainly everything I was looking for in a sporty luxury commuter.
The crash:
Unfortunately, less than two weeks later I was rear-ended while stopping for a yellow light coming into Chestermere on 17th:
Clearly, the Honda fared worse and I was able to drive home - exhaust occasionally kissing the ground here and there. I parked it for a day, then drove to the repair shop the following day - where I was informed I probably shouldn't be driving it. And sure enough that appears to have been the case since I was informed a couple of days later that the car had been written off with 17g damage. (What you don't see in the picture is the damaged under the bumper and the crumpled left rear quarter - or the fact the rear door barely opened.
At this point I don't yet have a full report on exactly what damage occurred, but it isn't super relevant considering they've already decided to write it off. I suspect frame damage.
As soon as I got out of the vehicle after being hit the guy who hit me tried blaming me for the accident. (Though I was firm on the brakes, it was a pretty standard stop and not exactly a quick stop. I actually believe he was distracted - though he simply said he slipped on the wet road surface. This seems somewhat unlikely, considering you can see from the picture he was clearly nose-down on impact) In not so many words I advised him that claiming I was at fault wasn't going to fly and that I had a dashcam. To his credit, he was completely respectable and easy to work with after that point... even texting me later that night to make sure I was ok.
As far as injuries go - the car did it's job for the most part. They claim to have an anti-whiplash system in place, and given how hard I was hit it really seemed to do the job. I had some neck stiffness for the first 2-3 days along with a headache that subsided over that timeframe, followed by upper back tension and pain for the last week. Doctor says I should heal up just fine. Luckily I was alone in the car, and was actually 2 minutes away from picking up my kid from daycare.
The 14 day rule:
So, due to an earlier thread on Beyond in which our resident insurance Guru - Masked Bandit - had commented, as well as a little light research of my own, I opted not to change the registration and insurance over right away.
The cop attending the scene seemed not to know the rule so much himself. I gave him whatever paperwork I had, which consisted of the insurance slip from the Infiniti, the cut-in-half registration of the Jag from the prior owner, and the bill of sale. He seemed pretty confused, and asked me for the insurance card for the Jaguar - which of course I did not have. He said I still needed insurance, and he just suggested it was the same policy number - to which I agreed just to keep the situation smooth and without issue. I am not sure if he felt he was giving me a break, or was somewhat aware of the rule but decided to let it all slide due to his self-aware lack of knowledge. But luckily he didn't persist at all or it would have been another speedbump I'd have to overcome.
Anyway, I soon after reported the accident with my insurance company. I had pm'd Masked Bandit to ensure I remembered the 14 day rule correctly - to which he replied that he didn't feel I would have a problem. What the 14 day rule basically states (and honestly, I don't know who mandated this. Government? Insurance authority?) that you have 14 days to change over BOTH your insurance AND registration to your new-to-you vehicle. There are conditions to this rule, though. One technical condition is that you have sold your previous vehicle. Presumably, this is why the rule exists - to ensure you can lawfully drive your replacement vehicle without worrying about insurance and registration before you can even bring it home. Many people are aware of the 14 day for registration, but almost zero people I've talked to have known that it applies for insurance as well. They don't exactly advertise this, since it provides extra complication in the event of an accident.
So when I called my insurance company, they asked me which vehicle on my policy was hit. I told them that in fact I had recently purchased the vehicle, and I was running with the plate from my Infiniti. The insurance rep was clearly confused right from the beginning - insisting that I wasn't actually covered, with myself insisting that I was. After putting me on hold for 5 minutes to talk to his supervisor, he came back saying that they would indeed cover me.
What followed was a comedy of confusion - with them telling me all sorts of different things... such as:
1) I would not be covered under collision because my Jeep doesn't have it. Yet, that's not the plate I was using.
2) I would have to work with their insurance company because of the situation.
3) I would be responsible for the deductible, even though it was not at fault.
4) They would have to perform a full investigation to determine fault. (Don't they always?)
5) After sending me the pink slip for the Jag, telling me to register the vehicle then retracting that, then the next day asking me to register it again.
6) Saying that this claim was "Without Prejudice" as opposed to a standard claim - even though the other party was already deemed at fault by the police and charged accordingly.
At this point I have submitted everything they have asked for, including the bill of sale; hopefully they don't try to offer me the 18g I paid, since I cannot find a car like this again for any less than about 24g....
I will update this thread once we get past the compensation stage and I can provide some sort of conclusion on how this all worked out. But in the meantime, I would suggest using this 14 day rule at your own risk. While it does indeed exist, I think that one would be advised on getting ALL the facts and conditions for which this rule can be used. Additionally, I would advise everyone to be aware that it appears not all insurance companies and/or reps are either aware of the rule, or how to proceed with a claim under the rule. I think the only time I would consider using this rule again is if there was simply no way to get everything sorted prior to getting possession of the vehicle. And even then, I certainly don't think I would drive a vehicle around for a week believing everything was going to be rosy if I got hit. Remember: I am being made to jump through hoops WITHOUT the cops deeming it my fault. How would this all have gone if I WAS at fault? *Shudder*
Bill: I think everyone would appreciate anything else you had to add to the thread.
Quote
Originally Posted by KPHMPH
